Gilbert Gerard (judge)
Sir Gilbert Gerard was a prominent English lawyer, politician and landowner of the Tudor period. He was returned six times as a member of the English parliament for four different constituencies. He was Attorney-General for more than twenty years during the reign of Elizabeth I, as well as vice-chancellor of the Duchy of Lancaster, and later served as Master of the Rolls. He acquired large estates, mainly in Lancashire and Staffordshire.
Background
Gerard was born by 1523, the son of James Gerard of Astley and Ince, Lancashire, who was descended from the Gerards of Bryn, Ashton in Makerfield, Lancashire, and Kingsley, Cheshire. The Gerard family had lived at Ince, near Wigan, since the late 14th century. However, James was probably a younger son, so it was not expected that he or Gilbert would inherit the family estates.The Gerard family became wealthy and distinguished in the reign of Elizabeth I, although Sir Gilbert was the most successful of them. Owing to repeated use of the same names in the Gerard family, Sir Gilbert's relatives are easily confused. Sir Gilbert was a cousin of the distinguished judge and administrator Sir William Gerard, who ended his career as Lord Chancellor of Ireland. However, he also had a younger brother, William, who served as MP for Preston and Wigan and died in 1584, and a nephew, William III, by that brother, who also served as MP for Wigan and died in 1609. Still more confusing, Sir William, the Lord Chancellor of Ireland had a son called Gilbert, who served as MP for Chester in 1593.
Gilbert's mother was Margaret Holcroft, daughter of John Holcroft of Holcroft, Lancashire. The Holcrofts were another rising landed gentry family. Margaret had two brothers: Sir John Holcroft and Sir Thomas Holcroft. Both distinguished themselves in the Anglo-Scottish Wars, served as MP for Lancashire, and profited from speculation in monastic lands at the Dissolution of the Monasteries, although it was Sir Thomas, the younger brother, who had the more successful and varied career, building up a substantial estate around the estates of the former Vale Royal Abbey. Sir John, heir to the family estates, speculated in wardships, and it was through one of these that Gilbert Gerard's marriage was arranged, to Anne Radcliffe or Ratcliffe. Sir John addressed Gerard as "cousin", a term also used for their relationship by the History of Parliament. "Cousin" was used in the 16th century more widely for blood relatives than in modern English: Sir John and Sir Thomas were Gerard's maternal uncles.
Education
Gerard spent some time at the University of Cambridge but did not graduate, as was typical at the time.He entered Gray's Inn in 1537, when he was probably still about 16, and was called to the bar in 1539. He seems to have been an outstanding student and was honoured by the Inn several times in later life. In 1554 he was elected Autumn Reader, an important post with both academic and administrative responsibilities, and in 1556 he served as Treasurer.
Allegiance to Gray's Inn became a family tradition and it served as a power base for the family. Gerard installed himself in a room there and was generally styled "of Gray's Inn". His nephew William later moved into the room too and added an office above it for his own use, and Thomas Holcroft, Sir Thomas's son, was also admitted to Gray's Inn in 1588.
Parliamentary career
Gerard's parliamentary career was interwoven with his progress as a lawyer. He was returned to parliament a total of six times, four of them in the reign of Mary.Gerard was first returned as MP in 1545 for Liverpool. The town belonged to the Duchy of Lancaster, and the most important local magnates were the Earls of Derby and the Molyneux family. 1545 may have been the first year Liverpool had returned members for about a century - certainly the first for which records survive.
By the early years of Elizabeth's reign, the Earls of Derby and the Duchy of Lancashire were effectively selecting one member each, although it was the mayor and burgesses or freemen who nominally elected the members. Even in 1545, it is likely that Edward Stanley, 3rd Earl of Derby was a decisive influence in handing a seat to Gerard. The two probably already knew each other: Gerard was the earl's legal counsel by 1562 - perhaps much earlier.
Another influential supporter would have been Gerard's uncle, Sir Thomas Holcroft, who was an official of the Duchy of Lancaster and held the Liverpool fee-farm of the Duchy: he was returned as MP for Lancashire in the same parliament.
Gerard was returned as junior to the other member, Nicholas Cutler, a client of Charles Brandon, 1st Duke of Suffolk. The influence of the Molyneux family grew subsequently and Sir William Molyneux and his son acquired joint control of the Liverpool fee-farm later in 1545, often coming into confrontation with Derby and the civic officials. This may have played a part in Gerard's move to a safer seat in later elections.
Gerard was elected as MP for Wigan in March and October 1553: the last parliament of Edward VI and the first of Mary's reign. The lord of the manor of Wigan was the rector, and members of the Gerard family had purchased the advowson, making them extremely influential in local government, which was divided between the rector and the civic officials of the borough.
As Wigan was part of the Duchy and the County palatine of Lancaster, duchy officials had considerable influence. The Earl of Derby was also an important figure locally. The senior MP in 1547 and for the next five elections was Alexander Barlow, a member of the Earl's council and soon to be his brother-in-law. All this favoured Gerard, although it is likely his own relatives were his most decisive allies: the High Sheriff of Lancashire, the returning officer, in 1553 was Sir Thomas Gerard, a cousin.
In April 1554, Gerard was returned as MP for Steyning, Sussex. Steyning had belonged to Syon Abbey until the Dissolution of the monasteries but now formed part of the royal honour of Petworth. As steward of the honour, the decisive voice in selecting the members belonged to Henry FitzAlan, 19th Earl of Arundel, a religious conservative who had supported the Somerset faction under Edward VI and was now a key supporter of Queen Mary and Lord Steward of her household. Significantly, he was happy to support Gerard. Sir Thomas Holcroft, Gerard's uncle was returned for the neighbouring constituency of Arundel, where almost all the members in the 16th century were nominated by the earls.
However, for the 1555 election Gerard returned to Wigan, again being returned as junior to Barlow. Gerard seems to have done little as a member of parliament. His name does not appear in the records, even though, as a rising lawyer, he would have been useful in drafting and reviewing bills. It is clear, however, that he broadly supported Mary's regime. If he had not, his name would appear on either the list of those who "stood for the true religion" in 1553–4, or among those who supported Sir Anthony Kingston in the 1555 parliament, or on the list of government opponents kept by William More.
Despite his reputation as a staunch Protestant supporter of Elizabeth, Gerard appears in fact to have been essentially conservative, accepting the existing regime irrespective of religious policy. Elizabeth probably promoted him because of his proven competence as an advocate, not his ideological purity.
Only once more did Gerard secure election to parliament, and that much later in life. On 18 November 1584 he was returned as member for Lancashire. As the county seats were dominated by the Duchy of Lancaster and the Earls of Derby, Gerard would have had a good chance in Lancashire at any time. However, he was by now vice-chancellor of the Duchy, so the result was not in question. He was returned as senior knight of the shire, together with Richard Molyneux. As he was already Master of the Rolls, he was required to attend the House of Lords, although not a peer.
Consequently, he was unable to sit in the House of Commons. In January of the following year he was replaced as MP by Richard Bold, a powerful local landowner whose wife was a known recusant and who had recently been reported to Burghley as a recusant himself.
Legal career
Barrister
Information about Gerard's career before the accession of Elizabeth I is scanty and not always reliable. He was made an Ancient - a barrister qualified to practise independently - in 1547. The first mention of him as an advocate is in Edmund Plowden's Commentaries, relating to Michaelmas term 1554. According to a tradition found in William Dugdale's Baronage of England, Gerard represented Elizabeth when she was examined by the Privy Council:However, this is certainly not entirely true. Gerard cannot have spent much, if any time in prison, as he was appointed permanent counsel by the City of London in October 1554, and represented Wigan in the English parliament for the third time in 1555. Nor can he have incurred the wrath of Mary, as he was made a Serjeant-at-law, one of a small and extremely powerful group of barristers with exclusive rights to work in the Court of Common Pleas towards the end of her reign - an appointment that lapsed on her death. He was made Justice of the Peace in five counties by 1559, many of them probably in Mary's reign: Bedfordshire, Buckinghamshire, Cambridgeshire, Cheshire and Huntingdonshire. However, it is certainly true that Gerard was much favoured by Elizabeth and one of a small group of lawyers who were quickly installed in important offices to consolidate the new regime.
Attorney-General
Gerard was made Attorney-General on 22 January 1559, a week after Elizabeth's coronation, still a young man for such a senior legal post. He was early deputed to Ireland, where he helped reform the procedure of the Court of Exchequer and drew up new rules for collecting the Queen's rent. He sat as a judge on trials including that of John Hales in 1564.Much of his work was ecclesiastical and he was appointed to the Ecclesiastical Commission by 1564. In 1567 he helped Matthew Parker, the Archbishop of Canterbury, in reforming Merton College, Oxford. From 1561 he represented the University of Cambridge whenever he was not engaged as a justice, and in 1571 he was thanked by the University for his work in securing the passage of an Act of Parliament confirming its charters and privileges.
Gerard was appointed to key positions in the administration or judiciary all over the country. He was made Justice of the Peace in Norfolk and Suffolk, and later in Lancashire. In 1573 he was appointed Custos Rotulorum of Middlesex, the county's senior administrative official.
Gerard was actively involved in defending Elizabeth against plots and revolts. In 1570, he was a member of a commission trying participants in the Rising of the North of the previous year, sitting mainly at York and Durham. In 1571 he assisted in the interrogation and prosecution of participants in the Ridolfi plot. He devised the questions put to the Duke of Norfolk, John Lesley, the Earl of Northumberland, Lord Lumley and others. In the following year he seconded Nicholas Barham in the prosecutions of Norfolk and his secretary, Robert Higford: the only two State Trials of his term of office.
With Thomas Bromley, the Solicitor General from 1569, Gerard had to settle many problems of jurisdiction. One of the most important concerned an attempt in 1576 by Worcester and Worcestershire to shake off the authority of the Council of Wales and the Marches - a bid which Gerard and Bromley turned down. Gerard must have been disappointed that it was Bromley, about a decade younger than himself, who was appointed Lord Chancellor and Lord Keeper of the Great Seal in 1579, although he was rewarded with a knighthood in that year.
However, the post of Attorney General was lucrative. It allowed Gerard to acquire wardships, leases and a grant of wine free of duty, and he exercised considerable patronage. Most importantly, it gave him access to a source of wealth and power through the Duchy of Lancaster, which dominated the north-west of England and had been united with the Crown since 1399. The duchy had considerable holdings outside its natural area of influence, and Gerard began by acquiring in 1567 the stewardship of Copt Hall in the honour of Clare, Suffolk, which had been transferred to the duchy by Queen Mary. In the same year he became steward of Rochdale manor, and over the decades increased his stewardships in Clare and became bailiff of the Lancashire hundreds of West Derby and Amounderness. In 1571 he became vice-chancellor of the duchy. Along with the Chancellor, Ralph Sadler, this gave him great political influence. Gerard and Sadler both used their positions to have their sons returned as MPs for Lancaster.