Richard Morgan (Tudor judge)

Richard Morgan was the son of

• Philip ap Morgan, also known as Philip ap Morgan Watkin, of Llanfair Cilgoed,[1] just west of the village of Cross Ash in Monmouthshire.
• Maud Philpot, daughter of Tomlyn Philpot of Blackbrook,[2] a hamlet to the east of Cross Ash.

Richard Morgan was the second son: his elder brother Dafydd was to predecease his parents without issue. Richard had a younger brother, John Philip Morgan, who was also a Member of Parliament in the reign of Mary. Their family was of the lowest stratum of the landed gentry and Richard turned to the Law to improve his prospects.

Morgan's lineage led back through the Turberville family, to Sir Payn de Turberville,[3] one of the legendary Twelve Knights of Glamorgan, the Norman conquerors of south-east Wales. In the 13th century, this junior branch of the Turbervilles adopted the standard Welsh patronymic system of naming. Richard Morgan's father maintained this, generally calling himself Philip ap Morgan, while Richard's grandfather was Morgan ab Watkin. Richard broke with this system completely, adopting Morgan as a surname in the English fashion. (John still used his father's name as a second name, and was also known as Jenkin ap Philip.)

The change of names reflected momentous changes that came to Wales in Richard Morgan's lifetime. Hitherto, the feudal lordships established by the Normans still had a reality, especially in Monmouthshire, where the authority of the Council of Wales and the Marches, based at Ludlow in Shropshire, was often ignored.[4] Henry VIII and his ministers tightened up central control in every way, establishing Princess Mary at Ludlow. Under the Laws in Wales Acts 1535–1542, Wales was formally made part of single state with England. It was shired on the English pattern, and Monmouthshire, uniquely, was made part of the English assize system. Boroughs were incorporated and representatives returned to the Westminster parliament. This opened up new paths of promotion and enrichment to ambitious and educated men.

Richard Morgan was admitted to Lincoln's Inn on 31 July 1524.[1] Despite a minor reputation for wildness, he quickly seems to have shown talent as a lawyer. He was called to the bar in 1528.

Arthur Plantagenet, Viscount Lisle, from The Black Book of the Garter, 1534. The Lisle Letters, seized when he was accused of treason, are an important window into the 1530s and include correspondence with Richard Morgan.

Morgan moved into private practice in London. By the late 1530s he was retained by Arthur Plantagenet, 1st Viscount Lisle, the Lord Deputy of Calais. Lisle's subsequent arrest and imprisonment, on suspicion of treason, led to his voluminous correspondence being seized, fortuitously preserving records of his dealings with Morgan. He was successfully dividing his time between private practice, his involvement with Lincoln's Inn and politics in Monmouthshire.

The duties he undertook at his Inn were considerable and onerous. He was auditor in 1534-7, in 1538-9, when he was also butler, and in 1541-2. He was Autumn Reader for the first time in 1542, lecturing on the action of Replevin, unusually using two texts as his source. In 1544-5 he was keeper of the Black Book, which records the proceedings of the governing council. He gave his second reading in 1549 on the Statute of Marlborough.

Meanwhile, Morgan had become sufficiently prominent in his own county to be appointed Custos rotulorum – keeper of the county's records and its senior civil officer. This appointment seems to have occurred around 1543 and lasted to the end of his life.

In June 1546 he was called to the order of Serjeant-at-law by Henry VIII, but was not formally appointed until February 1547 due to the death of Henry. By this point he was Recorder of Gloucester, which he represented in Parliament between 1545 and 1553: the appointment probably dates back to 1544. He was also retained by the Duchy of Lancaster, which had large estates in Monmouthshire.[4]

Portrait of Mary, c. 1544, by Master John. Henry VIII's eldest daughter was a focus for religious conservatism throughout her brother Edward's reign. Morgan was briefly imprisoned for hearing mass at her chapel.

However, as a Roman Catholic, Morgan's progress was not so assured under the Protestant regime of Edward VI. He was sent to Fleet Prison on 24 March 1551 for hearing Mass at the chapel of Princess Mary He submitted to the Privy Council and was released on 4 May[1] with a warning. Nevertheless, he was an active parliamentarian throughout Edward's reign and his legal acumen ensured he was entrusted with important investigative work and drafting.

After the death of Edward VI Morgan joined Mary and her supporters at Kenninghall Castle in Norfolk, in a successful act of resistance to the installation of Lady Jane Grey as queen by the Protestant faction of John Dudley, 1st Duke of Northumberland. He was rewarded for his loyalty by being made a Privy Councillor on 16 August 1553, Chief Justice of the Common Pleas on 23 August and finally by being knighted on 2 October. He took part in the November proceedings against Lady Jane Grey. He became mentally incapacitated at some point in 1555 and was removed from office in October of that year. According to John Foxe and Raphael Holinshed his breakdown was a result of Lady Jane Grey's fate.[5]

The Streatham portrait, believed to be a 1590s copy of a contemporary painting of Lady Jane Grey. Morgan was part of the special commission that tried her and Protestant propagandists portrayed his later illness as the result of his belated remorse.

The burning of Bishop Hooper at Gloucester, a woodcut from the 1583 edition of Foxe's Actes and Monuments Morgan attended the burning, having earlier denounced Hooper in the strongest terms.

Morgan's detention in Fleet prison makes clear that he was not merely a religious conservative but a committed Catholic. The group around Mary was a particularly strong redoubt of the Catholic faith and Morgan must have known it would be under constant surveillance. However, he continued to represent Gloucester, increasingly a Protestant stronghold, apparently without difficulty. His professionalism as a lawyer made him useful to any regime and this helps explain the brevity of his incarceration.

His religious commitment was certainly not affected by imprisonment. His first will, dated 18 July 1552, was made three months after the passing of the second Act of Uniformity of Edward VI's reign, which prohibited attendance at services not covered by the Book of Common Prayer. In direct contravention of the Act, he asked for a Catholic burial and for "the sacraments of the true and Catholic Church to be ministered unto me according to the just and true institutions of the same."[1]

His commitment included adherence to every aspect of the Marian Counter-Reformation. He attended in person the burning of John Hooper, the Bishop of Gloucester and Worcester on 9 February 1555, which took place in Gloucester – not an essential responsibility of his office. According to John Foxe, Morgan was particularly vindictive towards Hooper at his deprivation. He must have encountered Hooper many times in the course of his work at Gloucester.

Afterwardes iudge Morgan began to rayle at maister Hooper, a longe tyme, with manye opprobrious and foule woordes, of his doyng at Gloucester, in punishing of men, and sayde: there was neuer suche a tyraunt as he was.[13]

The circumstances surrounding Morgan's death are not entirely clear. The Elizabethan sources were certain that he was punished for his antipathy toward the Protestant faith, in particular his condemnation of Lady Jane Grey. Foxe reports:

Touching the condemnation of this lady Iane, here is to be noted, that the Iudge morgan who gaue the sentence of condemnation against her, shortly after hee had condemned her, fell mad, and in hys rauing cryed out continually to haue the Lady Iane taken away from him, and so ended hys lyfe.[14]

The story was repeated, almost verbatim, in Holinshed's Chronicles[15] and became the accepted explanation of his sudden fall from power and influence. In fact, Morgan was removed from office in October 1555, which was almost two years after the trial of Jane Grey.[1] There is no evidence he ever wavered in his Catholic militancy: his second will, made some time after he became chief justice of the common pleas, still demanded a Catholic burial. Probably Morgan was suspended because of a condition that was believed to affect his judgement or ability to practise as a judge, but the idea that he was driven mad by remorse is likely to be largely invention. It is certain, however, that Morgan and his wife were detained around this time by John Philip, his brother.[1] In November, the Privy Council ordered the younger Morgan to release his brother and sister-in-law, remarking that he had already been ordered to do so previously, although it is not clear whether he ever complied.[2] In his own will, dated 8 August 1557, John Philip makes clear that he and Richard had been involved in property deals together and that Richard's wife was refusing to release to him land that Richard had paid for and he was offering to redeem. This probably has something to do with his detention of the couple. There is little doubt that the brothers had always been on good terms to this point.

Richard Morgan died most likely in late May 1556 and was buried on 2 June at St Magnus-the-Martyr, his local parish church in the City of London. The funeral was recorded by Henry Machyn, a London merchant tailor whose diary gives detailed accounts of funerals because he frequently supplied the cloth and fittings.

The ij day of June was bered at sant Magnus at London bryge ser Recherd Morgayn knyght, a juge and on of the preve consell unto the nobull quen Mare, with a harold of armes bayryng ys cott armur, and with a standard and a penon of armes and elmett, sword, and targatt; and iiij dosen of skochyons, and ij whytt branchys and xij torchys and iiij gret tapurs, and xxiiij pore men in mantyll ffrysse gownes, and mony in blake; and master chansseler of London dyd pryche.[16]

Morgan's last will provided for his younger sons, John and Polydore, to share the lease of Grosmont, which Morgan held from the duchy of Lancaster. Thomas, his heir, was to receive all his other leases of lands in Monmouthshire, including his share of the family home at Ynysgynwraidd/Skenfrith. His wife was given use of the London house, although the reversion was to Polydore. His books were divided among his sons. He ordered a ring of fine gold to be made for Anne, the wife of John Philip Morgan. This reiterated his first will, which said it was for kindness shown him during an illness – possibly an earlier bout of the complaint that finally overwhelmed him.

Morgan married Mary Bailey or Bayly, daughter of Sir Robert Bailey of the Whitecastle lordship, Monmouthshire. She survived Morgan and later married William Brayne of Littledean, Gloucestershire.

At least seven children of Morgan and Mary Bailey are known, with three sons surviving to inherit property from Morgan.[3]

• Thomas Morgan, the heir, who married Mary Pryce of the Priory, Aberhonddu/Brecon
• John Morgan, who married Mary Worrall of English Bicknor, Gloucestershire
• Polydore Morgan
• Gilbert Morgan, who probably predeceased his parents
• Elsbeth "Besse" Morgan, who married one Higgs of London
• Anne Morgan, who married Thomas Quayne of Norfolk
• Mary Morgan