Maurice Eustace (Lord Chancellor)

Sir Maurice Eustace (c.1590 – 22 June 1665) was an Irish politician and judge.

Family background

Eustace was born between 1590 and 1595, at Castlemartin, County Kildare, the son of William Fitzjohn Eustace,constable of Naas. The Eustaces of Castlemartin were cousins of Viscount Baltinglass, but played no part in the Desmond Rebellions, being generally noted for loyalty to the Crown. Maurice in time was to recover much of the property forfeited by his cousins. In religion the family seem to have been divided in sympathy; a close relative, also Maurice Eustace, was denounced to the authorities as a Jesuit in 1581 and executed. The judge himself, though a Protestant was exceptionally tolerant in matters of religion.

Early career

Eustace attended the University of Dublin, and on graduation became a fellow, lecturing in Hebrew; in his will he left a legacy to maintain a Hebrew lecturer.However he had set his mind on a legal career and after two years resigned the fellowship and entered Lincoln's Inn. He was also determined on a career in politics and through his father had met the Lord Lieutenant Viscount Grandison.

He appears to have spent some time in England after his call to the Bar but was in Dublin by 1630, building up an enormous practice; it was said he could " earn forty gold pieces in a morning"

He entered the Irish House of Commons in 1634 as member for Athy. Unlike some of the " Old English ", he was a whole-hearted supporter of the Lord Deputy of Ireland Thomas Wentworth, 1st Earl of Strafford who in return regarded Eustace as a man of integrity and ability. He became Serjeant-at-law (Ireland)) and a justice of assize. In 1640 he was re-elected to the Commons and became Speaker. His formal speech of welcome to Wentworth is considered a good example of his ornate style of oratory, which was much admired at the time:

"Welcome, most worthy Lord, to the new birth of this our Parliament;this is the voice of the House of Commons , and I am sure it is the voice of the whole assembly; it is beside Vox Populi abroad, and I am sure it is Vox Dei".

He remained Speaker until 1647; at its final meeting the House voiced its thanks for the many good services performed by Sir Maurice Eustace their Speaker, and spoke ominously of the "inveterate hatred and malice of the detestable rebels" against him.

Civil War

So long as Dublin remained under Royalist control, Eustace prospered, despite complaints of invasion of his property and theft of cattle. In 1643 he was sent to negotiate with the Irish Confederacy at Kilkenny; he also obtained the reversion to the office of Master of the Rolls in Ireland, and acquired land in Athy and Cong. In 1647, however, the Marquis of Ormonde surrendered Dublin to the Parliamentary forces. Eustace was arrested and sent to Chester Castle where he remained for seven years. His confinement, however, cannot have been very strict as he formed an extra-marital relationship which produced two children. On his release he returned to Dublin; after being re-arrested he was allowed to resume practice at the Bar. Though his loyalties were never in doubt he seems to have enjoyed the goodwill of Henry Cromwell.

Restoration

Main article: Restoration (Ireland)

At the Restoration, Eustace's unquestioned loyalty and legal and political experience made him on the face of it ideally suited to high office; accordingly he was appointed Lord Chancellor of Ireland and a Lord Justice, exercising the powers of the Lord Lieutenant in his absence, jointly with Charles Coote, 1st Earl of Mountrath and Roger Boyle, 1st Earl of Orrery

Ironically the main objection to his appointment came from Eustace himself: he had looked forward to retirement to his beloved country seat Harristown Castle, and honestly doubted if his age and health fitted him for office. He wrote pathetically to the Secretary of State:

" I.... am now grown too old to perform any public service. I desire no such post nor any favour except to remain in his Majesty's good opinion. I hope I shall not now be put beyond my strength with any public employment "

Lord Justice

As Lord Justice, Eustace was embroiled in the bitter disputes leading to the Act of Settlement 1662, between the largely Catholic Royalists who had been dispossessed in the 1652 Cromwellian Settlement and the newcomers who had bought their estates. Eustace by birth was a member of the dispossessed class and identified entirely with its interests; though a sincere Protestant he believed firmly in equal rights for Roman Catholics. This put him at odds with his fellow Lords Justices, Mountrath and Orrery: they were firm supporters of the Cromwellians, whom Eustace regarded as criminals, and in his view were implacably hostile to the Catholics. Eustace in fact did obtain some concessions for the Royalists in the Act of Settlement, but the struggle exhausted him and he was thankful when the Duke of Ormonde's arrival in Dublin in 1662 allowed him to resign .

Lord Chancellor

Eustace's prediction that he would be a failure as Lord Chancellor was fulfilled; the political struggle, physical illness, frequent bouts of depression and family troubles almost incapacitated him. He was also discouraged by the failure of his well-meant efforts to ensure toleration for Roman Catholics. By 1663 complaints had reached the English Lord Chancellor, the Earl of Clarendon, who had not been consulted on Eustace's appointment and had an extremely low opinion of his abilities.He wrote to Ormonde that Eustace should either do the honourable thing by resigning, or be dismissed. Ormonde however was always loyal to old friends; he did not defend Eustace's record as judge but pointed to his record of loyalty and suggested that dismissal was a poor reward. In the event it proved very difficult to find a suitable replacement and the question of Eustace's dismissal was still pending when he died.

Heirs

Eustace had always been an acute man of business and despite his troubles continued to prosper financially, recovering most of the forfeited Eustace estates and amassing a fortune reputed to be eighty thousand pounds. How to dispose of his wealth pre-occupied him during his last years. His marriage to Cicely Dixon, daughter of Sir Robert Dixon, Lord Mayor of Dublin, was childless. During his years in Chester however he entered a relationship which produced a son and a daughter whom he was anxious to provide for. On he other hand he did not wish to disinherit his nephews, Sir John Eustace and Sir Maurice Eustace junior.How to balance the claims of his son and his nephews became almost an obsession,to the point where Ormonde was forced to rebuke him for neglecting official business over private concerns. His last will divided the property between his nephews, a decision which reportedly led to ill-feeling and further litigation.

Death and memorials

By 1665 Eustace, though at least seventy, appeared to have recovered his physical and mental health; at his daughter's wedding in the summer he was " as brisk as a bee". Shortly afterwards however he had a stroke and died. He had asked for a private burial at Castlemartin but the Government deemed an official burial in St. Patrick's Cathedral appropriate.

His name was given to Eustace Street in Dublin city centre, where his town house stood.