Henry Burnell facts for kids

Henry Burnell (around 1540–1614) was an important Irish judge and politician. He briefly worked as the Recorder of Dublin and as a judge in the King's Bench. Even though he sometimes held government jobs, he often disagreed with the government's policies. He was a key leader in protests against the Lord Deputy of Ireland, Sir Henry Sidney, in the late 1570s. As a member of the Irish House of Commons in the 1580s, he successfully opposed Sidney's replacement, Sir John Perrot. In the early 1600s, he also led protests against the strict enforcement of the Penal Laws, which affected Catholics. Later in his life, he faced a serious legal challenge regarding a document about the 11th Earl of Kildare's family property. Henry Burnell was the grandfather of the famous playwright, also named Henry Burnell.

Henry Burnell's Early Life

Henry Burnell was born in Castleknock, County Dublin. His father was John Burnell. The Burnell family had lived in Dublin for a long time, settling in Balgriffin. They were related to Robert Burnell, who was a judge in the Court of Exchequer (Ireland) between 1388 and 1413. Another family member, John Burnell, was briefly the Chief Judge of the Irish Exchequer in the 1490s.

The Burnell family was strongly Roman Catholic. Because of this, their loyalty to the Crown was sometimes questioned. Henry's father managed to keep the family's lands, including Castleknock, even after his cousin, another John Burnell, was executed for being part of Silken Thomas's rebellion in the 1530s. Henry's father was still alive in 1577, though he was very old. Henry's sister, Alice, married Richard Talbot, a well-known landowner and later a judge.

Henry studied law at Lincoln's Inn in London from 1561 to 1562. He was part of a group of Irish students who wrote a book about problems in the Pale. The Pale was the part of Ireland firmly controlled by the English Crown. He returned to Ireland to work as a lawyer around 1564.

In 1573, he became the Recorder of Dublin, a legal position, but he resigned about a year later. It's not clear why he left, but soon after, he became a legal advisor to the Earl of Kildare. It seems he found working for private clients more profitable. Even Sir Henry Sidney, who often criticized Burnell, admitted that Henry was a very successful lawyer and became quite wealthy.

Working in Parliament (1585)

Henry Burnell and Richard Netterville continued to oppose government policies in the Irish Parliament of 1585. Burnell was elected to represent County Dublin. The new Lord Deputy, Sir John Perrot, had big plans for reforms, just like Sir Henry Sidney before him. However, the members who opposed him, including Burnell, stopped him at every chance. They even insisted on checking Perrot's financial records, which made him very angry. Perrot imprisoned some of the opposing members, but he couldn't get his new laws passed.

Surprisingly, Burnell was appointed as a judge again in 1590, becoming the third justice of the King's Bench. However, he only served for one term. This might mean it was a temporary job, or that people again had doubts about his loyalty. To hold this office, he would have had to take the Oath of Supremacy. This oath recognized Queen Elizabeth as the head of the Church. This was a difficult choice for Catholics, but some, like Burnell's brother-in-law Richard Talbot, did take it.

Protesting the Penal Laws

Henry Burnell, like most of his family, was a strong Roman Catholic. He strongly disagreed with the Anglican Church's rules being forced on everyone. In 1605-1606, he was a key supporter of Patrick Barnewall. Barnewall was protesting against fines given to people who didn't attend Anglican church services. He also protested the use of the Court of Castle Chamber to force people to follow the Anglican religion. Burnell was arrested again, but probably because of his age, he was not put in prison. In his later years, he spent a lot of time defending the rights of the main Catholic group, Saint Anne's Guild.

The Kildare Legal Case

In his final years, Henry Burnell's professional reputation faced a big challenge. A dispute over the Kildare family's property, which had started 20 years earlier, was reopened. Lettice Digby, 1st Baroness Offaly was the granddaughter and heir of Burnell's former client, the 11th Earl of Kildare. The Earl's widow, Mabel Browne, still used Burnell as her legal advisor.

Lettice and her husband were upset that most of the Kildare family's wealth had gone to her uncle, Henry FitzGerald, 12th Earl of Kildare, and then to her cousin, Gerald FitzGerald, 14th Earl of Kildare. By 1602, Lettice learned that an important document, supposedly signed by her grandfather (who died in 1585), might have been changed or forged by his widow. Lettice and her husband, Sir Robert Digby, then sued both the current Earl and the elderly Dowager Countess. This case went on for over ten years, with many hearings in different courts.

In 1608, the Court of Castle Chamber, which was like England's Star Chamber, started an investigation into the claim that the document was altered. This turned a private family lawsuit into a matter for the Crown. The old Countess admitted that she had talked to Burnell in 1585 about the document. She was worried it didn't properly protect her financial rights after her husband's death. She said Burnell advised her that it wasn't strong enough but that he would make the necessary changes. Burnell himself admitted to advising on some changes, saying it was "without offence" (meaning he didn't intend to do anything wrong).

The court found the Countess innocent of any crime. However, they found Burnell responsible for the changes to the document, calling it a "grave offence." He was given a large fine and was supposed to be imprisoned, though it seems he was not actually put in jail.

Historians like Jon Crawford warn that we should be careful when relying on witness accounts from events that happened more than 20 years earlier. Still, Burnell did admit to advising that the document could be changed. This behavior seems unusual for a respected lawyer, who even his critics called an honest man. However, the Kildare family were his most important clients, and he might have wanted to keep the Countess's business by helping her with the document. Two other serious accusations against him at the same time were dropped because there wasn't enough evidence.

Henry Burnell's Family

Henry Burnell married into the O'Reilly family from Cavan. His wife passed away in 1605. They had several children, but only one son, Christopher, lived to adulthood. Christopher was the father of Henry Burnell the younger. This younger Henry Burnell was a leader of the Irish Confederacy and a well-known writer, famous for his play Landgartha.

Death and Legacy

Henry Burnell died in Castleknock in 1614. He was quite old, but his mind remained clear until the end. He was remembered as one of the best speakers and most important lawyers of his time. He was a bit proud of his legal skills and was said to boast about his ability to convince judges to rule in his favor. Despite the legal issue with the Kildare family, he was generally seen as an honest man, even by his toughest critics like Sir Henry Sidney.