Lord Chief Justice of Ireland
Former senior judge role in Ireland
The Four Courts The headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there.
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
Date
Name
Notes
Left Office
1324-7
Nicholas Fastolf , knight
(1st term)
1327-8
Henry de Hambury
From Hanbury, Worcestershire
1328-30
Nicholas Fastolf , knight
(2nd term)
1330-1
Elias de Asshebournham , knight
(1st term)
1331-2
Peter Tilliol , knight
Born at Scaleby Castle , Cumberland
1332-3
Thomas Louth
From Louth, Lincolnshire (1st term)
1333-4
Robert de Scardeburgh
("but probably did not act")
1334-7
Thomas Louth
(2nd term)
1337
Elias de Asshebournham , knight
(2nd term)
1337
Thomas Louth
(3rd term)
1337-8
Elias de Asshebournham , knight
(3rd term)
1338
Thomas Louth
(4th term)
1338-41
Elias de Asshebournham
(4th term)
1341-4
Thomas de Dent
Patronymic derived from Dent, Yorkshire
1344-5
Robert de Scardeburgh
From Scarborough, North Yorkshire (only substantive term)
1345-6
John le Hunt
Born in Fenny Stratford , Buckinghamshire
1346
Henry de Motlowe , knight
Possibly connected to Mobberley or Motburlege, Chesire
1346-51
John de Rednesse
From Reedness , Yorkshire (1st term)
1351-4
Godfrey de Foljambe , knight
Born in Tideswell , Derbyshire
1354-6
John de Rednesse
(2nd term)
1356
Richard de Wirkeley
Prior of the Order of Hospitallers in Ireland - possibly connected to Wakefield , Yorkshire
1356-9
John de Rednesse
(3rd term)
1359
William le Petit
1359-61
John de Rednesse
(4th term)
1361-3
William de Notton , knight
From Notton , Yorkshire
1363-5
Richard White
From Clongill, County Meath
1365-7
Thomas de la Dale , knight
Born in Little Barford , Bedfordshire
1367-70
John Keppock , or Keppok
(1st term)
1370-2
William de Skipwith , knight
Family originally from Skipwith , Yorkshire
1372–82
John Keppock , or Keppok
(2nd term)
1382
Sir Thomas Mortimer , knight
Family originally from Mortemer, Seine-Maritime , Normandy
1384
John de Sotheron
Born at Great Mitton , Lancashire
1385
John Penros
Born in Escalls , Cornwall
1386
Edmund de Clay
From the common pleas[ 6] [ 7]
1388, 10 July
Richard Plunkett
Of a leading Anglo-Irish family with branches in County Meath and County Louth
1388, 23 September
Peter Rowe
(1st term)
1395
William Hankford
From Hankford in the parish of Bulkworthy , Devon
1396
William Tynbegh , clerk
Family originally from Tenby , Pembrokeshire
1397
Peter Rowe
(2nd term)
1397
Stephen de Bray
(1st term) From the common pleas - family possibly from Bray , County Wicklow
1404
Richard Rede
From the Exchequer
1406
Stephen de Bray
(2nd term)
1426
Henry Fortescue
1429
Stephen de Bray
(3rd term)
1435
Christopher Bernevall , or Barnewall
2nd justice
1437
William Boys
1437
Christopher Bernevall , or Barnewall
(2nd term)
1446
Richard Bye
1447
Robert Plunket
1447
Sir James Alleyn
1457
Nicholas Barnewall
(1st term)
1461
Sir Thomas Fitz-Christopher Plunket
(1st term)
1461
Nicholas Barnewall
(2nd term)
1463 (or before)
Sir Thomas Fitz-Christopher Plunket
(2nd term)
1468
John Chevir
From Kilkenny . Former Master of the Rolls in Ireland .
1474
Philip Bermingham
(d 1490, buried St. Mary's Abbey, Dublin )
1490
Thomas Cusacke
1494
Thomas Bowring
Family from Bowringsleigh, Devon
1496
John Topcliffe
From the Exchequer
1513
Patrick Bermingham
1521
Patrick Bermingham
By a new patent
1533
Sir Bartholomew Dillon , knight
2nd justice, from the Exchequer
Died same year[ 8]
1534
Patrick Finglas
From the Exchequer
1535
Sir Gerald Aylmer
From the Exchequer[ 9]
1559
John Plunket
1562
John Plunket
By a new patent
1583
James Dowdall
1586
Robert Gardiner
Serjeant-at-law in England
1604
Sir James Ley
Afterwards Earl of Marlborough: resigned
1608
Sir Humphrey Winch , knight
Chief Baron; from the Exchequer
Made a Justice of the Common Pleas of England
1612
Sir John Denham , knight
Chief Baron, from the Exchequer
1617
Sir William Jones , knight
Serjeant-at-law
1620
Sir George Shurley , or Shirley, knight
Serjeant-at-law (d.1647)[ 10]
1655
Richard Pepys
Under the Protectorate – died 2 January 1659
1659
John Santhey
19 Jan pro tem on Pepys' death[ 11]
1659
William Basill
Attorney general; 24 Jan
1660[ 12]
Sir James Barry , knight
Afterwards Lord Santry
1673[ 12]
Sir John Povey , knight
From the Exchequer
1679[ 12]
Sir Robert Booth , knight
Died the next year
1681[ 12]
Sir William Davys , knight
Prime serjeant
1687[ 12]
Thomas Nugent
Removed
1690[ 12]
Sir Richard Reynell, 1st Baronet
Dismissed
1695[ 12]
Sir Richard Pyne
Chief Justice of the Common Pleas
1709[ 12]
Alan Brodrick
Removed
1711[ 12]
Sir Richard Cox , knight and baronet
Removed
1714[ 12]
William Whitshed
Removed to the Common Pleas
1727[ 12]
John Rogerson
Previously attorney general
Died in office 1741
1741[ 12]
Thomas Marlay
Previously Chief Baron of the Exchequer
Retired 1751
1751[ 12]
St George Caulfeild
Previously attorney general
Retired 1760
1760[ 12]
Warden Flood
Previously attorney general
Died in office 1764
1764[ 12]
John Gore , later Lord Annaly
Previously solicitor general ; 24 Aug
Died in office 1784
1784[ 12]
John Scott
Previously Prime serjeant; Created Lord Earlsfort, afterwards Viscount and Earl of Clonmell ; 29 Apr
Died in office 1798
1798[ 12]
Arthur Wolfe, Lord Kilwarden
Previously attorney-general; 13 June
Murdered 23 July 1803
1803[ 12]
William Downes
Previously a judge of the Court of King's Bench; afterward 1st Baron Downes ; 12 Sep
Retired 1822
1822[ 12]
Charles Kendal Bushe
Previously solicitor general from 1805; 14 Feb
Retired 1841
1841[ 12]
Edward Pennefather
Previously solicitor general; 10 Nov
Retired 1846
1846[ 12]
Francis Blackburne
Previously Master of the Rolls; 21 Jan
Became Lord Chancellor 1852
1852[ 12]
Thomas Langlois Lefroy
Previously a Baron of the Exchequer
Retired 1866
1866[ 12]
James Whiteside
Former attorney-general
Died in office 1876
1877[ 12]
George Augustus Chichester May
Previously attorney-general
Retired 1887
1887[ 12]
Michael Morris
Previously Chief Justice of the Common Pleas
Became Lord of Appeal in Ordinary 1889
1889[ 12]
Peter O'Brien
Previously attorney-general
Retired 1913
1913[ 12]
Richard Robert Cherry
Previously a Lord Justice of Appeal
Retired 1916
1916[ 12]
James Henry Mussen Campbell
Previously attorney-general
Became Lord Chancellor 1918
1918–1924[ 12]
Thomas Molony
Previously a Lord Justice of Appeal
Position abolished
Sources
List from Liber Munerum Publicorum Hiberniae , by Rowley Lascelles, copied in Haydn's Book of Dignities
Names from 1852 onwards from The Oxford Companion to Law , ed David M. Walker, 1980
Francis Elrington Ball The Judges in Ireland 1221–1921 2 Vols (John Murray London 1926)
References
^ For a thorough account, see: W.N. Osborough, Studies in Irish Legal History , Four Courts Press 1999, pp 318–326.
^ Schedule II, Part II, Irish Free State Consequential Provisions Act 1922, a United Kingdom statute.
^ Article 75, Constitution of the Irish Free State (Saorstát Éireann) Act 1922.
^ Section 5, Courts of Justice Act 1924.
^ "Constitutional Reform Act 2005" . Archived from the original on 28 September 2019. Retrieved 2 September 2021 .
^ 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 .
^ Haydn's Book of Dignities says that "John de Shriggeley , from the Exchequer" served at this point, but Elrington Ball's 'Judges in Ireland', P157 does not mention him
^ 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
^ 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
^ 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
^ Robert Dunlop, 'Ireland under the Commonwealth' Vol 2, P 470n
^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac Walker, David M., The Oxford Companion to Law, Appendix I, list of Chief Justices of the Upper Bench or King's (or Queen's) Bench in Ireland, 1660–1924, pp. 1351–1352.
Further reading
Daire Hogan, R.R. Cherry, Lord Chief Justice of Ireland, 1914–16
External links
Irish Courts before 1922
Overview Courts to 1877with presiding judges Courts 1877–1922with presiding judges
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