Chronicle of the law officers of Ireland/Chief Justices of the Common Pleas

by Constantine J. Smyth

COURT OF COMMON PLEAS.—CHIEF JUSTICES.

Richard de Exon, or Exeter.—He had a liberate of £80 arrears due to him as late Chief Justice from the late treasurers, Alexander de Wyndsore and Master Walter de Isteby, 25 Oct. 1326.—R. Cl. 20. Edw. II. f. R. 4.

Henry de Hambury,—Exeter revoked,—patent, 1326.—July 23, his allowance was ordered to him as long as he should continue in the office, and 20 Jan. following, a writ issued to the Treasurer and Chamberlains of the Exchequer to pay his usual fee.—Idem, R. 6.

Robert le Poer,—patent, 1334.—Fee, £40.—B. T. 8 Edw. III., f. No. 1.

Simon Fitz Richard, Second Justice, vice Poer,—patent, 13 Oct. 1334.—Idem, No. 42.

John Gernoun,—patent, 13 April 1343.—17 Edw. III., f. No. 2.

Thomas de Dent,—patent, 1353.—B. T. 29, 30 Edw. III f. No. 21.

Same, a new appointment,—patent, 12 Oct. 1356. (30.)—Rot. Cl. 32 Edw. III. R. 7.

Sir Robert Preston,—patent, Westminster, 14 Oct. 1358.—Pleasure.—His commission was read before the Lord Justice Almaric, at Tristeldermot, 15 Dec—B. T. 32 Edw. III. f. No. 56.

Henry Mitchell,—Preston revoked,—patent, 3 April 1378.—Sir Robert Preston was removed upon his petition, by writ, dated at Tristeldermot, 27 March, until the King or Privy Council of Ireland should direct the contrary; and 3 April, he was ordered to deliver, by the usual indenture between them, to the said Mitchell, all the records in his custody relating to this court.—R. Cl. 1 Rich. II. f. R. 3, 5, 8.

Stephen Bray,—patent, 8 March, 1381; June 10, 1382, he had a liberate for a year and a quarter's fee, due from said 8 March to 8 June.—Rot. 01. 4. .Ric. II. f. R. 6.

Edmund del Clay,—patent, Westminster, 27 Febr. 1384 (7.)—16 Oct. 1385; he as Chief Justice and Richard Gyffard, were appointed itinerant Justices in the counties of Kildare, Cathirlagh, and Wexford, and Commissioners of oyer and terminer.—9 Ric. II. f. R. 3, 14.

John Fitz Adam,—patent, 1414.—B. T. 2 Hen. V. No. 58.

William Tynbegh,—patent. Swords, 20 July, 1419,—Behaviour,—and confirmed by Henry VI. by patent at Westminster, 14 May, 1423.—B. T. 1 Hen. VI. 2^a pars f. No. 1.

John Blakeney,—patent, Donore, 16 June, 1425.—Sworn same day.—B. T. 3 Hen. VI. f. No. 75.; also 5 f. No. 4.; also R. Cl. 5 f. R. 5.

Sir James Alleyne, Knt.,—patent, 23 Nov. 1428, (7.)—Sworn 28 Nov. and discharged 27 April, 1430. 14 Hen. VI. f. R. 1.

John Blakeney,—patent, 13 May, 1430.—Sworn same day.—Idem.

Robert Dowdall,—patent, 1446, (24 Hen. VI.)—39 Eliz. la pars d. R. 23.

Nicholas Barnewall,—patent, Westminster, 1 August, 1461.—Life.—By writ of Privy Seal, and authority of Parliament.—Sworn 14 April, 1462.—1 Edw. IV. f. R. 8.

Philip Bermingham,—patent, 25 June, 1464.—4 Edw. IV.

Thomas Bowryng,—patent, 3 Oct. 1496.—12 Hen. VII. d. R. 1.

Richard Delahyde,—vice Robert Dowdall,—patent, 22 August, 1532, (24.)—Pleasure.—Fee, £40 Irish.—His fee of £40 Irish to be thus paid; viz. £20 out of the fee farm of the City of Dublin, and £20 out of the issues and revenues of the Counties of Dublin, Meath, and Louth, and as Robert Dowdall had held it, which office the said Dowdall lately held by the King's grant.—24, 25 Hen. VIII. f. R. 6.

Thomas Luttrell, of Luttrellstown, county of Dublin,—Delahyde revoked,—patent, 17 Oct. 1534.—Life.—26 Hen. VIII. f. R. 5.

Sir Thomas Luttrell, Knt.,—continued,—Privy Seal, Westminster, 24 March, 1547.—Behaviour.—Fee, £45 English.—1 Edw. VI. 1^a pars d. R. 11.—Continued,—patent, Dublin, 16 Nov. 1553,—Behaviour.—By commission dated at Westminster, 3 Oct. 1553, the Lord Chancellor Cusake was authorized and commanded to take his surrender of King Edward's patent, and to make out a new patent to him during behaviour, with an increase of his fee of £45.—1 Mary, 1^a pars f. R. 5, 7.

John Bathe, Sergeant at Law,—Luttrell deceased, —patent, Fernham Castle, 7 July, 1554.—Behaviour.—He was appointed for his fidelity, industry, and circumspection, and for that he was well skilled in the laws of England.—2 Mary, f. R. 1.

Robert Dillon, of Newton, near Trim,—Bathe removed,—patent, 3 Sept. 1559.—Pleasure.—1 Eliz. fac. R. 15.

Robert Dillon,—a new appointment,—Privy Seal, Hampton Court, 5 Oct. 1562,—patent, Dublin, 19 Nov. 1562.—Pleasure.—Fee, £67 l0s. Irish.—5 Eliz. fac. R. 1.

Nicholas Nugent,—vice Dillon.—Pleasure. Robert Dillon, of Riverston, co. Westmeath, second Justice,—Nugent resigned,—Privy Seal, Greenwich, 28 June,—patent, 14 July, 1581.—Life and Behaviour.—Fiant, 23 Eliz.

Sir William Weston, Knt.,—Dillon surrendered, 5 Oct.—(35. 1^a p. f. R. 11.)—Privy Seal, St. James's, 10 April,—patent, 10 Oct. 1593.—Pleasure.—With the usual fees, and 100 marks per annum, for ten years, from 1 April last, out of the fine of the Dean of St. Patrick's.—35 Eliz. 2« pars f. R. 15.

Sir Robert Dillon, Knt., Privy Councillor, restored,—Weston deceased.—Privy Seal, Greenwich, 4 Feb.—patent, 15 March, 1594.—Pleasure.—36 Eliz. 2^a pars f. R. 1.

Sir Nicholas Walshe, Knt., Second Justice of the Queen's Bench,—Dillon deceased, 27 July 1597,—Privy Seal, 22 Oct.—patent, 15 Nov. 1597.— Pleasure.—39 Eliz. 2^a pare f. R. 18.—Continued,—Privy Seal, Holyrood House, 28 March,—patent, 20 April, 1603.—Pleasure.—1 James I. 1^a pare f. R. 5.

Sir Dominick Saarsfield, Knt., (afterwards Viscount Kilmallock,) Second Justice of the King's Bench,—in reveraion after Walshe,—Privy Seal, 21 June,—patent, Duhlin, 28 Nov. 1^a 10.—Pleasure.—The King having received so good testimony from the Lord Deputy Chichester, and other his officers and servants in Ireland, of the sufficiency and painful endeavours in his service, of Sir Dominick Saarefield, Knt., and of his conformity in religion, and sincere affection in the cause of his Majesty's government there, as he could not but take notice of it, and for his further encouragement afford him some extraordinary mark of his favour, by 3delding to the motion which had been made in his behalf, that he might succeed Sir Nicholas Walshe as soon as his post of Chief Justice should become void.—8 James I. 2^a pars d. R. 13.

Sir Dominick Saarsfield, Knt.,—Walshe deceased,—Privy Seal, Newmarket, 28 Nov. 1615.—patent, Jan. 1616.—Pleasure. — 13 James I. 3^a pars f. R. 37.—Continued,—patent, 13 April, 1625.—Pleasure.—1 Charles I. f. R. 31.

Sir Gerard Lowther, Knt., Sergeant-at-Law in England,—Saarefield deprived by sentence in the Court of Star Chamber in England,—Privy Seal, Westminster, 13 March,—patent, 24 April, 1634.—10 Charles I. 1^a pars d. R. 18.—The King, in his letter under the Privy Signet, directed that Sir Gerard should he sworn a Privy Councillor as his predecessors had been.—The King thus writes in 1643: Whereas we have special occasion to use your advice in matters which very much import our Kingdom of Ireland, our will and command is, that upon receipt of these our letters you prepare yourself to repair to attend our further pleasure here, at such time as you shall receive directions from our Justices there to that purpose, and thereof you are not to fail, as you tender the good of our service, and the restoring of that poor kingdom to some degree of happiness. Given at our Court at Oxford, 17 day of October, 1643. To our trusty and right well-beloved Sir Gerard Lowther, Knt., Chief Justice of our Court of Common Pleas in Ireland; his license of absence was dated 24 Feb. 1644.-19 Charles I. fac. R. 13.

Sir Gerard Lowther, Knt.,—continued by Richard Cromwell the Protector,—patent, Westminster, 7 Oct. 1658.—Behaviour. —6^a pars fac. R. 15.

James Donellan,—Lowther deceased, 3 April, 1660, and buried at St. Michan's.—Privy Seal, Whitehall, 30 Nov. 1660,—patent, Dublin, 19 Jan. 1661.—Pleasure.—12 Charles II. 1^a pars d. R. 5.

Sir Edward Smith, Knt.,—Donellan deceased,—Privy Seal, 13 June,—patent, 27 June, 1665.—Pleasure.—Harr.—17 Charles II. 1^a pars d. R. 36.

Sir Robert Booth, Knt., one of the Justices,—Smith resigned,—Privy Seal, Whitehall, 30 Jan.—patent, 17 March, 1669, —Pleasure.—Upon the relinquishment of Sir Edward Smith, to whom the King upon his humble suit had granted leave to retire from this employment, the King appointed Sir Robert Booth, and directed him to he sworn of the Privy Council.—21 Charles II. 4^a pars f. R. 24.

John Keating,—Booth made Chief Justice of the King's Bench,—Privy Seal, 25 April,—patent, 3 May, 1679.—Pleasure. — Harr.—31 Charles II. 1» pars f. R. 22.—Continued,—Privy Seal, Whitehall, 19 Feb.—patent, 4 March, 1685.—Pleasure.—1 James II. 2^a pars f. R. 6.

Richard Pyne,—Keating removed,—Privy Seal, 5 Jan.—patent, 22 Jan. 1691.—Pleasure.—2 William and Mary, 1^a pars. d. R. 20.

Sir John Hely, Knt, Chief Baron,—Pyne made Chief Justice of the King's Bench,—Privy Seal, Kensington, 10 May,—patent, 7 June, 1695.—Pleasure.—7 William III. 2^a pars f. R. 1.

Sir Richard Cox, Knt., Second Justice,—Hely deceased, he died at Ennis, on circuit, 7 April, 1701, and was buried there.—Privy Seal, Hampton Court, 4 May,—patent, 16 May, 1701.—Pleasure.—13 William III. 2^a pars f. R. 19.—Continued,—Privy Seal, 21 May—patent, 18 June, 1702.—Pleasure.—1 Anne 2^a pars d. R. 6.

Robert Doyne, Chief Baron,—Cox made Lord Chancellor,—Privy Seal, 27 Dec. 1703,—patent, 1 Feb. 1704.—Pleasure.—2 Anne, 3^a pars f. R. 32.

John Foster, Recorder of Dublin,—Doyne revoked,—Privy Seal, 30 Sept.—patent, 14 Oct. 1714.—Pleasure.—1 George I. 2^a pars f. R. 42.

Sir Richard Levinge, Bart.,—Foster deceased, 2 July, 1720, and buried 5, at St. Mary's.—Privy Seal, 13 Oct.—patent, 5 Dec. 1720.—Pleasure.—7 George I. 1^a pars d. R. 48.

Thomas Wyndham,—Levinge deceased,—Privy Seal, Kensington, 22 Oct.—patent, Dublin, 9 Nov. 1724.—Pleasure.—11 George I. 1^a pars d. R. 27.

William Whitshed,—Wyndham made Lord Chancellor,—Privy Seal, 23 Jan.—patent, 10 Feb. 1726.—Pleasure.—12 George 1. 2» pars d. R. 15.

James Reynolds,—Whitshed deceased, 26 Aug. 1727, æt. 51,—Privy Seal, 3 Nov.—patent, 24 Nov. 1727.—Pleasure.—1 George II. 2^a pars d. R. 45.

Henry Singleton, Prime Sergeant,—Reynolds appointed a Baron of the Exchequer in England,—Privy Seal, 11 May,—patent, 30 May, 1740.—Pleasure.—13 George II. 3^a pars d. R. 38.

Sir William Yorke, Bart., Second Justice,—Singleton resigned—Privy Seal, Kensington, 4 Sept. 1753,—patent, 19 Feb. 1754.—Pleasure.—27 George II. 2^a pars d. R. 8.

1761. Sir William Yorke,—former patent revoked,—Privy Seal, 19 Jan—patent, 19 Feb.—Pleasure.—Inr. 23 Feb. 1761.—1 George III. 1^a p. 23. f. R. 1.

1761. Richard Aston,—Sir William Yorke resigned,—Privy Seal, 5, and patent, 21 May.—Pleasure.—Inr. 22 May, 1761.—1 George III. 3^a p. m. 14. d. R. 3.

1765. Richard Clayton,—Richard Aston resigned,—Privy Seal, 21 Feb.—patent, 19 March, and Inr. same day.—Pleasure.—5 George III. 1^a p. m. 16. d. R. 13.

1770. Marcus Patterson,—Richard Clayton resigned,—Privy Seal, 18 June,—patent, 4 July.—Pleasure.—Inr. 6 July, 1770.—10 George III. 2^a p. m. 8. d. R. 26.

1787. Hugh Carleton,—Patterson deceased,—Privy Seal, 30 April,—patent, 9 May.—Good behaviour.—Inr. 11 May, 1787.—27 George III. 2^a p. m. 27, 29. f. R. 95.—Pension of £2000 per annum on his surrender, 20 Dec. 1800.—King's Letter, 41. 2^a p. 152. pag. R. 175.

1800. John Toler, (afterwards Lord Norbury,) Attorney-General,—Hugh Viscount Carleton surrendered,—Privy Seal, 22 Oct.—patent, 20 Dec. and Inr. same day.—Good behaviour.—41 George III. 2^a p. 1 pag. R. 169.

1827. Right Hon. Lord Plunket,—Lord Norbury resigned,—patent 18 June.—8 Geo. IV.

1830. Right Hon. John Dogherty, Solicitor-General,—Lord Plunket, Chancellor,—patent, 23 Dec—1 William IV.

 

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