Lord Chief Justice of Ireland explained

The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge in the court, and the second most senior Irish judge under English rule and later when Ireland became part of the United Kingdom. Additionally, for a brief period between 1922 and 1924, the Lord Chief Justice of Ireland was the most senior judge in the Irish Free State.

History of the position

The office was created during the Lordship of Ireland (1171–1536) and continued in existence under the Kingdom of Ireland (1536–1800) and the United Kingdom of Great Britain and Ireland. Prior to the Supreme Court of Judicature Act (Ireland) 1877, the Lord Chief Justice presided over the Court of King's/Queen's Bench, and as such ranked foremost amongst the judges sitting at common law. After 1877, the Lord Chief Justice assumed the presidency of the Queen's Bench Division of the new High Court of Justice, which sat permanently in the Four Courts in Dublin.

Thomas Lefroy, later Lord Chief Justice of Ireland (LCJ 1852–1866), was used by Jane Austen as the model for her Pride and Prejudice character Mr. Darcy. Lefroy and Austen had had a romance in their youths. Other prominent Lord Chief Justices of Ireland include Lord Whiteside (LCJ 1866–1876), who as a Queen's Counsel had defended Irish nationalist leader Daniel O'Connell in court, Gerald FitzGerald, 3rd Earl of Desmond, Hugh de Lacy, Risteárd de Tiúit, John Doherty, Thomas Marlay, James Ley, Peter O'Brien, and James Henry Mussen Campbell, 1st Baron Glenavy (LCJ 1916–1918, later Chairman of Seanad Éireann and grandfather of the satirist Patrick Campbell). One Lord Chief Justice, Lord Kilwarden, was killed by a crowd during Robert Emmet's 1803 rebellion.

Abolition of the position

The abolition of the position of Lord Chief Justice of Ireland was originally envisaged in a draft of the Government of Ireland Bill 1920. The Bill originally proposed that the Lord Chief Justice of Ireland would become the Lord Chief Justice of Southern Ireland. However, the then incumbent, The Rt. Hon. Sir Thomas Molony, 1st Bt., vigorously lobbied for the right to continue to hold the title even after the Bill was passed. Ultimately, his arguments were at least in part accepted: The Act, in its transitional provisions, provided that while he would in effect be the first Lord Chief Justice of Southern Ireland, his title remained that of Lord Chief Justice of Ireland, although this was a transitional provision and was not a right to be enjoyed by his successors.[1]

Subsequently, the highest-ranking judicial posting in Ireland, that of Lord Chancellor of Ireland, was abolished in December 1922.[2] This left the office of the Lord Chief Justice of Ireland as the most senior judge in the Irish Free State but not for very long. The Constitution of the Irish Free State adopted in December 1922 clearly envisaged the early establishment of new courts for the nascent state and the abolition of the position of the Lord Chief Justice of Ireland.[3] However, this only took place when the Courts of Justice Act 1924 was finally adopted. Under that Act, the position of the Chief Justice of the Irish Free State superseded the position of Lord Chief Justice of Ireland as the highest judicial office in the Irish Free State.[4]

In what became Northern Ireland, the position was superseded by the position of Lord Chief Justice of Northern Ireland.[5]

List of holders

DateNameNotesLeft Office
1324-7data-sort-value="Fastolf, Nicholas"Nicholas Fastolf, knight(1st term)
1327-8data-sort-value="Hambury, Henry deHenry de Hambury
1328-30data-sort-value="Fastolf, NicholasNicholas Fastolf, knight(2nd term)
1330-1data-sort-value="Asshebournham, Elias deElias de Asshebournham, knight(1st term)
1331-2data-sort-value="Tilliol, Peter"Peter Tilliol, knightBorn at Scaleby Castle, Cumberland
1332-3data-sort-value="Louth, Thomas"Thomas LouthFrom Louth, Lincolnshire (1st term)
1333-4data-sort-value="Scardeburgh, Robert de"Robert de Scardeburgh("but probably did not act")
1334-7data-sort-value="Louth, Thomas"Thomas Louth(2nd term)
1337data-sort-value="Asshebournham, Elias deElias de Asshebournham, knight(2nd term)
1337data-sort-value="Louth, Thomas"Thomas Louth(3rd term)
1337-8data-sort-value="Asshebournham, Elias deElias de Asshebournham, knight(3rd term)
1338data-sort-value="Louth, Thomas"Thomas Louth(4th term)
1338-41data-sort-value="Asshebournham, Elias de"Elias de Asshebournham(4th term)
1341-4data-sort-value="Dent, Thomas de"Patronymic derived from Dent, Yorkshire
1344-5data-sort-value="Scardeburgh, Robert de"Robert de ScardeburghFrom Scarborough, North Yorkshire (only substantive term)
1345-6data-sort-value="Hunt, John le"Born in Fenny Stratford, Buckinghamshire
1346data-sort-value="Motlowe, Henry deHenry de Motlowe, knightPossibly connected to Mobberley or Motburlege, Chesire
1346-51data-sort-value="Rednesse, John de"John de RednesseFrom Reedness, Yorkshire (1st term)
1351-4data-sort-value="Foljambe, Godfrey deGodfrey de Foljambe, knightBorn in Tideswell, Derbyshire
1354-6data-sort-value="Rednesse, John de"John de Rednesse(2nd term)
1356data-sort-value="Wirkeley, Richard de"Prior of the Order of Hospitallers in Ireland - possibly connected to Wakefield, Yorkshire
1356-9data-sort-value="Rednesse, John de"John de Rednesse(3rd term)
1359data-sort-value="le Petit, William"
1359-61data-sort-value="Rednesse, John de"John de Rednesse(4th term)
1361-3data-sort-value="Notton, William de"William de Notton, knightFrom Notton, Yorkshire
1363-5data-sort-value="White, Richard"From Clongill, County Meath
1365-7data-sort-value="Dale, Thomas de la"Thomas de la Dale, knightBorn in Little Barford, Bedfordshire
1367-70data-sort-value="Keppock, John"John Keppock, or Keppok(1st term)
1370-2data-sort-value="Skipwith, William de"William de Skipwith, knightFamily originally from Skipwith, Yorkshire
1372–82data-sort-value="Keppock, John"John Keppock, or Keppok(2nd term)
1382data-sort-value="Mortimer, Thomas"Sir Thomas Mortimer, knightFamily originally from Mortemer, Seine-Maritime, Normandy
1384data-sort-value="Sotheron, John de"John de SotheronBorn at Great Mitton, Lancashire
1385data-sort-value="Penros, John"John PenrosBorn in Escalls, Cornwall
1386data-sort-value="Clay, Edmund de"Edmund de ClayFrom the common pleas[6] [7]
1388, 10 Julydata-sort-value="Plunkett, Richard"Richard Plunkett
1388, 23 Septemberdata-sort-value="Rowe, Peter"Peter Rowe(1st term)
1395data-sort-value="Hankford, William"William HankfordFrom Hankford in the parish of Bulkworthy, Devon
1396data-sort-value="Tynbegh, William"William Tynbegh, clerkFamily originally from Tenby, Pembrokeshire
1397data-sort-value="Rowe, Peter"Peter Rowe(2nd term)
1397data-sort-value="Bray, Stephen de"Stephen de Bray(1st term) From the common pleas - family possibly from Bray, County Wicklow
1404data-sort-value="Rede, Richard"Richard RedeFrom the Exchequer
1406data-sort-value="Bray, Stephen de"Stephen de Bray(2nd term)
1426data-sort-value="Fortescue, Henry"Henry Fortescue
1429data-sort-value="Bray, Stephen de"Stephen de Bray(3rd term)
1435data-sort-value="Bernevall, Christopher"Christopher Bernevall, or Barnewall2nd justice
1437data-sort-value="Boys, William"William Boys
1437data-sort-value="Bernevall, Christopher"Christopher Bernevall, or Barnewall(2nd term)
1446data-sort-value="Bye, Richard"Richard Bye
1447data-sort-value="Plunket, Robert"Robert Plunket
1447data-sort-value="Alleyn, James"Sir James Alleyn
1457data-sort-value="Barnewall, Nicholas"Nicholas Barnewall(1st term)
1461data-sort-value="Plunket, Thomas Fitz-Christopher"Sir Thomas Fitz-Christopher Plunket(1st term)
1461data-sort-value="Barnewall, Nicholas"Nicholas Barnewall(2nd term)
1463 (or before)data-sort-value="Plunket, Thomas Fitz-Christopher"Sir Thomas Fitz-Christopher Plunket(2nd term)
1468data-sort-value="Chevir, John"John ChevirFrom Kilkenny. Former Master of the Rolls in Ireland.
1474data-sort-value="Bermingham, Philip"Philip Bermingham(d 1490, buried St. Mary's Abbey, Dublin)
1490data-sort-value="Cusacke, Thomas"Thomas Cusacke
1494data-sort-value="Bowring, Thomas"Thomas BowringFamily from Bowringsleigh, Devon
1496data-sort-value="Topcliffe, John"John TopcliffeFrom the Exchequer
1513data-sort-value="Bermingham, Patrick"Patrick Bermingham
1521data-sort-value="Bermingham, Patrick"Patrick BerminghamBy a new patent
1533data-sort-value="Dillon, Bartholomew"Sir Bartholomew Dillon, knight2nd justice, from the Exchequer Died same year[8]
1534data-sort-value="Finglas, Patrick"Patrick FinglasFrom the Exchequer
1535data-sort-value="Aylmer, Gerald"Sir Gerald AylmerFrom the Exchequer[9]
1559data-sort-value="Plunket, John"John Plunket
1562data-sort-value="Plunket, John"John PlunketBy a new patent
1583data-sort-value="Dowdall, James"James Dowdall
1586data-sort-value="Gardiner, Robert"Robert GardinerSerjeant-at-law in England
1604data-sort-value="Ley, James"Sir James LeyAfterwards Earl of Marlborough: resigned
1608data-sort-value="Winch, Humphrey"Sir Humphrey Winch, knightChief Baron; from the ExchequerMade a Justice of the Common Pleas of England
1612data-sort-value="Denham, John"Sir John Denham, knightChief Baron, from the Exchequer
1617data-sort-value="Jones, William"Sir William Jones, knightSerjeant-at-law
1620data-sort-value="Shurley, George"Sir George Shurley, or Shirley, knightSerjeant-at-law (d.1647)[10]
1655data-sort-value="Pepys, Richard"Richard PepysUnder the Protectorate – died 2 January 1659
1659data-sort-value="Santhey, John"John Santhey19 Jan pro tem on Pepys' death[11]
1659data-sort-value="Basill, William"William BasillAttorney general; 24 Jan
1660data-sort-value="Barry, James"Sir James Barry, knightAfterwards Lord Santry
1673data-sort-value="Povey, John"Sir John Povey, knightFrom the Exchequer
1679data-sort-value="Booth, Robert"Sir Robert Booth, knightDied the next year
1680data-sort-value="Davys, William"Sir William Davys, knightPrime serjeant
1687data-sort-value="Nugent, Thomas"Thomas NugentRemoved
1690data-sort-value="Reynell, Richard"Sir Richard Reynell, 1st BaronetDismissed
1695data-sort-value="Pyne, Richard"Sir Richard PyneChief Justice of the Common Pleas
1709data-sort-value="Brodrick, Alan"Alan BrodrickRemoved
1711data-sort-value="Cox, Richard"Sir Richard Cox, knight and baronetRemoved
1714data-sort-value="Whitshed, William"William WhitshedRemoved to the Common Pleas
1727data-sort-value="Rogerson, John"John RogersonPreviously attorney generalDied in office 1741
1741data-sort-value="Marlay, Thomas"Thomas MarlayPreviously Chief Baron of the ExchequerRetired 1751
1751data-sort-value="Caulfeild, St George"St George CaulfeildPreviously attorney generalRetired 1760
1760data-sort-value="Flood, Warden"Warden FloodPreviously attorney generalDied in office 1764
1764data-sort-value="Annaly, John Gore, 1st Baron"John Gore, later Lord AnnalyPreviously solicitor general; 24 AugDied in office 1784
1784data-sort-value="Clonmell, John Scott, 1st Earl of"John ScottPreviously Prime serjeant; Created Lord Earlsfort, afterwards Viscount and Earl of Clonmell; 29 AprDied in office 1798
1798data-sort-value="Kilwarden, Arthur Wolfe, 1st Viscount"Arthur Wolfe, Lord KilwardenPreviously attorney-general; 13 JuneMurdered 23 July 1803
1803data-sort-value="Downes, William"William DownesPreviously a judge of the Court of King's Bench; afterward 1st Baron Downes; 12 SepRetired 1822
1822data-sort-value="Bushe, Charles Kendal"Charles Kendal BushePreviously solicitor general from 1805; 14 FebRetired 1841
1841data-sort-value="Pennefather, Edward"Edward PennefatherPreviously solicitor general; 10 NovRetired 1846
1846data-sort-value="Blackburne, Francis"Francis BlackburnePreviously Master of the Rolls; 21 JanBecame Lord Chancellor 1852
1852data-sort-value="Lefroy, Thomas Langlois"Thomas Langlois LefroyPreviously a Baron of the ExchequerRetired 1866
1866data-sort-value="Whiteside, James"James WhitesideFormer attorney-generalDied in office 1876
1877data-sort-value="May, George"George Augustus Chichester MayPreviously attorney-generalRetired 1887
1887data-sort-value="Morris, Michael"Michael MorrisPreviously Chief Justice of the Common PleasBecame Lord of Appeal in Ordinary 1889
1889data-sort-value="O'Brien, Peter"Peter O'BrienPreviously attorney-generalRetired 1913
1913data-sort-value="Cherry, Richard"Richard Robert CherryPreviously a Lord Justice of AppealRetired 1916
1916data-sort-value="Campbell, James"James Henry Mussen CampbellPreviously attorney-generalBecame Lord Chancellor 1918
1918data-sort-value="Molony, Thomas"Thomas MolonyPreviously a Lord Justice of AppealPosition abolished

Sources

Further reading

External links

Notes and References

  1. For a thorough account, see: W.N. Osborough, Studies in Irish Legal History, Four Courts Press 1999, pp 318–326.
  2. Schedule II, Part II, Irish Free State Consequential Provisions Act 1922, a United Kingdom statute.
  3. Article 75, Constitution of the Irish Free State (Saorstát Éireann) Act 1922.
  4. Section 5, Courts of Justice Act 1924.
  5. Web site: Constitutional Reform Act 2005 . 2 September 2021 . 28 September 2019 . https://web.archive.org/web/20190928054926/http://www.legislation.gov.uk/ukpga/2005/4/part/2/crossheading/judiciary-and-courts-in-northern-ireland . live .
  6. For holders of the office of Lord Chief Justice, the period 1383–86 seems to have been one of great confusion, and it is not clear whether all those nominated actually took up the position – see Ball The Judges in Ireland .
  7. [Haydn's Book of Dignities]
  8. Date from Ball, F. Elrington The Judges in Ireland 1221–1921 John Murray London 1926, P191 – although Haydn's Book of Dignities says that he took office in 1532
  9. Date from Ball, F. Elrington The Judges in Ireland 1221–1921 John Murray London 1926, P156 – although Haydn's Book of Dignities says that he took office in 1546
  10. date from Ball, F. Elrington The Judges in Ireland 1221–1921 (London 1926), p.328 – although Haydn's Book of Dignities says that he took office in 1619
  11. Robert Dunlop, 'Ireland under the Commonwealth' Vol 2, P 470n