Chronicle of the law officers of Ireland/Chief Justices of the King's Bench

by Constantine J. Smyth

KING'S BENCH.—CHIEF JUSTICES.

Walter L'Enfant,—patent, 1300.—29 Edw. I.

Elias de Ashbubnham,—patent, 1342,—pleasure,—fee, £40.—Chief Justice, ad pladta tenentem locum justiciarii nostri Hibemiae sequentia tenendum assignato.—16 Edw. III. f. R. 2, 4.

John Hunt,—patent, 1346.—20 Edw. III.

John de Redenbsse,—patent, 4 Nov. 1354, (28.) Rot. Cl. 32 Edw. III. f. R. 1.—Continued 8 May, 1356, (30.) viz. a year and a half and four days.—A new appointment, patent, 20 June 1356, and continued to 20 Dec. 1357, a year and a half.

William de Skipwith,vpatent, 25 April 1371,—45 Edw. III. f. R. 4.

John Keppock,—patent, 22 April, 1373.—R. Cl. 47 Edw. III. f. R. 7.—2 July, 1374, he is styled late Chief Justice ad placita, having two liberates of that-date, the one for £30, being the arrears of his fee from 22 Sept. 1373, to 22 June 1374, viz. three quarters of a year; and the other for J638, due for his expenses from 15 Nov. 1373, to 30 June 1374, each day inclusive, viz. for 228 days, at 3s. 4d. a day, according to concordatum, so long as he should continue in this office.—And it being agreed that he should have £30 a year above his usual salary, as also above 3s, 4d. a day allowed for his expenses, he had a warrant to receive the said £30, dated at Louth, 17 Jan. 1381.—Rot. Cl. 4 Ric. II. f. R. 4.—And 24 Jan. 1382, had a liberate for a year's salary, due 21.—5 Ric. II. 2^a pars f. R. 11.

Sir Thomas de Mortimer, Knt.,—patent. Trim, 3 March, 1382.—Whereas by our Letters under the Privy Seal, we commanded Sir Thomas de Mortuo Mare, Knt.,—and ordained that he should be attendant upon our most dear cousin Roger, son and heir of Edmond, late Earl of March and Ulster, L. L., in his house, at our charge for him and his necessary and fit men and horses, we, by advice of our said L. L. and Council in Ireland,, have constituted him Chief Justice ad pladta dictum locum tenentem nostrum sequentia tenendum; and also considering the tender age of the said L. L., and the natural affection he hears in an especial manner to him his nephew, have assigned and constituted him, with the advice aforesaid. Deputy to the said L. Li, as well in conducting the wars as all other affairs relating to Ireland, and also to preside (ad inter essendum) in his stead and name in all parliaments, councils, and treaties to he had or held with English or Irish for the benefit and government of Ireland, and to do all other things which the L. L. might do personally, to receive 200 marks a year over and above his charge and expense about himself, his said men and horses, as well within the said L. L's house as when he should happen to he employed in the King's service in Ireland, and he ahsent from the said house.—5 Ric. II. 1^a pars f. R. 12, 13.

John Penros,—patent, Westminster, 27 Feb. 1384.—On the 25 Sept. he arrived at Dalkey, and 2 Oct. produced his patent before Alexander, Bp. of Ossory, Lord Chancellor, and others of the Council assembled in Dublin, which was read by Rohert Sutton, Clerk, and keeper of the Rolls.—8 Ric. II. f. R. 5.

John Shriggely,—patent, 26 June 1385.—9 Ric. II. d. R. 2.

Richard Plunket,—patent, Tristeldermot, 10 July, 1388.—As John Keppock held it.—12 Ric. II f. R. 1.

Peter Rowe,—patent, 23 Sept. 1388.—12 Ric. II. R. 8.

Stephen Bray,—patent, 1403.—He was continued by King Henry V. and was appointed again by Henry VI.—B. T. Rot. Cl. 4 Hen. IV. 2^a pars f. No. 4.—Patent, 17 Oct. 1422,—with such fees as he had received in the time of Henry V., viz. £40 a year and 40d. a day wages.—Rot. Cl. 1 Hen. VI. f. R. 2,

Henry Fortescue,—Bray revoked,—patent, 25 June, 1426.—Behaviour,—sworn next day, and 4 August, the Lord Justice and Council considering that no mention was made in his patent of what wages he should daily receive to defray the various expenses of his office, and also that some of his predecessors had received 5s. and others 6s, 4d, a day, it was agreed, that he should have 40d. a day from the said 26 June, during his continuance in the office.—Rot. Cl. 5 Hen. VI. f. R. 5.—Revoked 8 Nov. 1426.—Idem.

Henry Fortescue, a new appointment,—patent, 4 August, 1427.—R. Cl. 5 Hen. VI. f. R. 2.

Same, anew appointment,—Patent, 10 June, 1428, sworn next day.—6 Hen. VI. f. R. 5 and 6, f. R. 2.

Stephen Bray,—patent, 18 Feb. 1429. (7.)—Pleasure,—fee, £40,—with the same fees he had usually before that time received.—Revoked 15 April, 1434 (12.)—Died in 1440, (18.); and an arrear of pay being then due of £280 6s, 2¾d the same was granted to Catherine, his widow and administratrix, 12 August 1440, 18 Hen. VI. f. R. 2.

Christopher Barnewall, second justice—patent, Westminster, 14 Feb. 1434,—pleasure,—fee, £40.—Sworn 22 March, and by concordatum made that day by the L. L. Stanley and Privy Council in the Council Chamber within the Priory of the Cathedral Church of the Holy Trinity, Dublin, the daily wages of 40l. were allowed him.—12 Hen. VI. f. R. 1.

Thomas Plunket,—as Christopher Barnewall held it,—patent, 11 May, 1461,—life.—Sworn same day.—1 Edw. IV. f. R. 1.

William Bermingham,—He died 3 cal. Februarii, 1489, and was buried in St. Marys Abbey.—Obits of Christ Church, Dublin.

John Topcliffe,—patent, 3 Oct., 1496,—pleasure,—fee, $66 13s. 4d, viz. £40 out of the customs of the port of Dublin, and the remainder out of the issues, profits, fines, recognizances, and amercements of the court.

Patrick Bermingham,—patent, 28 Feb. 1521.—12 Hen. VIII. Old Index Book.

Sir Bartholomew Dillon, Knt., (ad placita nostra coram nobis tenenda,)—Bermingham deceased,—patent, Hoggeston, 15 Jan. 1532.—Pleasure.—23 Hen. VIII.—19. 25, f. R. 5.

Patrick Finglas, Chief Baron,—vice Dillon,—patent, Westminster, 8 May, 1534.—26 Hen. VIII. f. R. 1.

Sir Gerald Atlmer, Knt.,—Finglas resigned,—patent, 12 August, 1535.—27 Hen. VIII. f. R. 13,—continued,—Privy Seal, Westminster, 24 March, 1547.—Fee, £66 13s. 4d. English.—1 Edw. VI. 1^a pars d. R. 11.

Sir Gerald Aylmer, Knt.,—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 the surrender of Chief Justice Aylmer's patent, and to make out a new patent to him during good behaviour, with an increase of his fee of £66 13s. 4d.—1 Mary, 1^a pars, f. R. 6, 7.

John Plunket, of Donsoghly, co. Dublin, Knt,—Aylmer removed,—patent, 12 Oct. 1559.—Pleasure.—Fee, £66 13s. 4d. Irish.—1 Eliz. fac. R. 15.

John Plunket, Privy Councillor.—A new patent, Privy Seal, Hampton Court, 5 Oct. 1562,—patent, 18 Nov. 1562.—Fee, £100 Irish.—5 Eliz. fac. R. 1.

James Dowdall, Knt., second Justice.—Plunket deceased,—Privy Seal, Greenwich, 13 May, 1583,—patent, Dublin, 5 August, 1583.—"Whereas upon the advertisement brought unto us of the decease of Sir John Plunket, Knt., our late Chief Justice of our Bench in that realm, we were resolved to appoint unto that place our trusty and well beloved Sir Lucas Dillon, Knt, our Chief Baron of our Exchequer there, as a personage whom, for his very good and faithful service of long time done, and for his good deserts and sufficiency, every way we think worthy both of that place of Chief Justice, and a better also, yet upon good consideration had by us here, and finding by himself also, that he is able to do us better service in the place which he now hath, than if he had the other, although the same be both of higher calling, and should be of more commodity unto him, we have liked not to remove him from the office of our Chief Baron, and have been pleased, upon the commendation given to us and our Council here, by the said Sir Lucas, of the worthiness and sufficiency in our trusty and well beloved James Dowdall, second justice of our said Bench, to discharge the place of Chief Justice, and of his good services already done, to choose and appoint him to that place. Wherefore, our will is, &c.—25 d. R. 21.

Robert Gardiner, Serjeant at Law, in England,—Dowdall deceased. Privy Seal, Greenwich, 19 Feb. 1585,—patent, Dublin, 20 May, 1585.—Fee, £300 English, from 10 Jan.—"Whereas for the better administration of justice to our subjects of all sorts in that realm, we have thought it very requisite to have 9 Chief Justice for pleas before us, to be holden as in former times have been there; these are therefore to jet you understand, that for the good opinion we have of our well beloved Robert Gardiner, Serjeant at the Laws, as well for his learning as for his integrity, we have made choice of him to have that place of our Chief Justice in that our realm, for pleas before us there to be holden, and to have such fees and diets as any such former Chief Justice there hath had belonging to the said place, with a yearly increase and allowance from us of such further certain fee as may yearly, with the certain fee formerly by us allowed for the same place of Chief Justice, make up fully the yearly sum of £300 sterling, over and above the casual fees incident to the same office of Chief Justice; wherefore these are to will and command you, not only to accept of the said Robert Gardiner accordingly, and to take order for the placing of him in the said room of Chief Justice for pleas before us to be holden in our said realm of Ireland, in such sort as hath heretofore been accustomed, but also to give order to our treasurer at war there for the time being to pay to the said Robert Gardiner the said fee of £300 out of our revenues there, or out of such our treasure as shall be assigned from hence for our service in that realm, his said allowance to begin from the 10 January last, and to be paid quarterly by even portions, and these shall be as well to you as to our said treasurer sufficient warrant in that behalf; moreover, we think it convenient, and do authorize him the said Robert Gardiner, to have an oversight and superintendency of all proceedings in our Courts of Common Pleas and Exchequer, and in either of them, and to examine the course of the proceedings of the said courts, and of the wants, abuses, and defects there found to make to you and our Council there certifcate and true report, so as thereby reformation may be had according to the wisdom and discretion of our said Council. And for the better execution of this our service, our will and pleasure is, and we do expressly will and command all and singular our Judges, Barons, officers and ministers whatsoever in the said courts, and in either of them, that they and every of them shall admit the said Robert Gardiner at all times, and from time to time, to have access and place to view and understand the proceedings and doings in the said courts, and also at his liberty and pleasure, from time to time to view the records, actions, processes, and proceedings in the said courts, and in either of them, for his more perfect instruction, and the better enabling him in our said courts. In all which the premises, in case any resistance shall happen to be by any person offered to the said Robert Gardiner, our pleasure and commandment is, that you, or our Chief Governor of that realm for the time being, be aiding and assisting to him; and we will also, that you cause to be made unto the said Robert Gardiner a commission to pass under the Great Seal of that realm of Ireland, to do and execute all things in our said Courts of Conmmon Pleas and Exchequer, according to our pleasure herein in that behalf expressed and contained, and these our letters shall be your and our Chancellor s sufficient warrant in that behalf. And for the better countenance and credit of the said Robert Gardiner in our said service, we think it also convenient and do appoint, that he be one of our Privy Council of that realm: and therefore ire do likewise will and command too, immediately upon his arrival there, to admit and swear him of our said Privy Council—Greenwich 19 Feb. 1585.—To Sir John Perrot, Knt, Lord Deputy, and the Abp. of Dublin, Lord Chancellor."—27 Eliz. f. R. 8.

Sir James Ley, Knt., after. Earl of Marlborogh—Gardiner deceased,—patent, 1604, (Prince's Devon. p. 436.)—not inrolled.

Sir Humphrey Winche, Knt., Chief Boron,—Ley resigned,—Privy Seal, Westminster, 26 Dec 1608,—patent, 30 Jan. 1609.—Pleasure.—Fee, £300 English, from Christmas last—6 James I. 2^a pars f. r.32.

Sir John Denham, Knt., Chief Baron,—Winche made a Justice of the Common Pleas in England,—Privy Seal, 28 Feb.—patent, Dublin, 28 April, 1612.—Fee, £300 English, from 9 Nov.—10 James L 2^a pars f. B. 46.

Sir William Jones, Knt., Serjeant at Law,—Denham deceased, 6 Jan. 1617,—Privy Seal, 26 April,—patent, 19 June, 1617.—15 Jac L 1^a pars d. R. 17.

Sir George Shurley, Knt., Serjeant at law,—Jones resigned, —Privy Seal, 4 March,—patent, 17 June, 1620. Sir Wm. Jones having signified his desire that he might be called from his change, either to follow his own affairs in England, or to be employed by the King hereafter as occasion should be offered. his Majesty (although he could wish, for the good of his service and his kingdom of Ireland, that a man so faithful, honest and able, would have affected to continue in that office longer,) was pleased to comply, and absolutely discharge him of his said office, and made choice of Sir George Shurley, Knt, one of the Benchers of the Middle Temple, to serve him in the place of Chief Justice in Ireland, and to he of his Privy Council.—18 Jac. I. 1^a pars d. R. 13, 16,

Sir George Shurley, Knt.,—continued,—patent, 16 April, 1625.—1 Charles I. 1^a pars f. R. 2.—The coif granted to the Judges. Taking into our princely consideration the state of our Judges and Serjeants at Law both in England and Ireland, and how much it concerns us to countenance and encourage them in their several employments and places, and particularly calling to mind the many great and effectual services performed by many of our Judges in that our realm of Ireland, we are graciously pleased to signify unto you our Royal pleasure to advance them all, both Judges and Serjeants, in that our realm of Ireland, unto the state and degree of Serjeants of the coif, in the same sort, quality, and degree as time out of mind hath been used in this our realm of England for all our Judges of our Courts of King's Bench, Common Pleas, and sundry of our Barons of our Court of Exchequer, and Serjeants at Law; to the end therefore the said Judges of both our Benches, and also our Barons of our Court of Exchequer, and our Serjeants at Law, in our kingdom of Ireland, may be dignified with the like state and degree of Serjeants at Law and of the coif as our Judges and Serjeants at Law here in our realm of England are, we do hereby authorize and require you to cause several writs to be framed and made in our Court of Chancery under our Great Seal, to be directed to such of our several Judges and Serjeants there respectively as are not already of the coif, thereby commanding and enjoining every of them, at the several days therein respectively to be appointed, to ordain and prepare themselves to take upon them the state and degree of Serjeants at Law, and that they do, after their said several writs returned, together with the coif, take upon them the very same form and fashion of robes, habits, and other ornaments as are used here by our Judges in England, according to their several degrees and places in court.—Westminster, 7 Oct. 1639.—15 Charles I. 2^a pars fac. R, 56.

Richard Pepys,—under the usurpation,—patent, 1655.—Pleasure.

John Santhey,—Pepys deceased,—patent, 19 Jan. 1658.—Pleasure.—"By the Lord Lieutenant and Council: Whereas upon consideration had of the decease of the late Lord Chief Justice Pepys, the sole Judge of die Upper Bench, and of the approaching term, and that if no supply be made for some Judge to sit in the court by the beginning of the term, great inconvenience will inevitably ensue, both to the commonwealth and very many of the people of this nation, in their causes, both civil and criminal, depending there, by the discontinuance of their suits, and prosecution and otherwise, and considering withal, that by the ordinary proceeding no Judge of the Court can he appointed without a patent or warrant from his Highness in England, and that though speedy notice hath been given thereof to his Highness, yet by reason of the shortness of the time, and the trouble and difficulty of the return, especially in this season, it cannot probably be expected that any effectual answer can by the time approaching be procured; and whereas in a case of this extremity, it was referred to the Lord Chancellor to call the Judges, and who else might he thought meet, to consider and advise what might he fit to he done herein; and accordingly the Chancellor having called to him the Chief Justice Lowther, Chief Baron Corbet, Sir John Temple, Master of the Rolls, Sir Robert Meredith, Chancellor of the Exchequer, Mr. Justice Donnellan, Mr. Attorney-General Basil, Mr. Solicitor-General Shapcott, and Dr. Loftus; it hath been made known and reported to this Board, as the unanimous opinion of the said Judges and other persons, that upon the grounds of unavoidable necessity, which are apparent in this case, and to prevent failure of justice, wherein both the commonwealth and so many particular persons are so nearly concerned, that the Lord Lieutenant may sign a warrant for the passing a patent to some one person during pleasure, and until his Highness's pleasure be further known, to supply the place of a puisne Judge in that Court, to prevent the inconveniences aforesaid, which may be proceeded upon, and passed accordingly, all which being seriously weighed and considered of by the Board, it is declared and thought advisable, in pursuance of the advice given as aforesaid, that the Lord Lieutenant may be pleased to sign a warrant, to the counsel of the commonwealth, for a fiat of a patent for a puisne Judge in the Upper Bench, to such person as his Lordship shall please to nominate, and that the Lord Chancellor may cause the same to pass the Seal accordingly." Dated at the Council Chamber in Dublin, the 17 day of Jan. 1658.—The. Herbert, Clerk of the Council.

William Basil, Attorney-General.—Pepys deceased,—patent, Westminster, 24 Jan. 1658,—behaviour,—fee £500.—Interregnum Rolls, 7^a pars f. R. 21.

Sir James Barry, Knt., created Lord Santry,—Shurley decease,—Privy Seal, Whitehall, 17 Nov. 1660,—patent, Dublin, 8 Feb. 1661,—pleasure,—fee £300. Whereas we are informed, that upon the augmentation of the salaries of our judges there, in our late establishment, our Chief Justice of our Court of chief place hath not had an equal part of our favour in that particular, having had less of increase than any other of the judges, the proportions by which we proceeded being considered; we have thought fit hereby to declare, that it was not our intention to cast any shadow of diminution, either upon that place, well knowing how much it concemeth us to preserve the same in its ancient dignity and lustre, or upon the person who now enjoys it; being one who hath highly merited from us, both by his faithful services performed by him to our dear father, of glorious memory, and by his eminent loyalty to us; and we do therefore hereby authorize and require you to give prudent order to Arthur, Earl of Anglesey, our vice treasurer, out of our revenue there, to pay to James, Lord Baron Barry, of Santry, our Chief Justice of our Court of Chief Place there, £200 a year over and above the same allowed unto him by the said establishment. Whitehall, 6 Nov. 1662.—14 Charles II. 3^a pars d. R. 17.

John Povey, Knt, Baron of the Exchequer,—Lord Santry deceased,—Privy Seal, Whitehall, 21 March,—patent, 11 April, 1673,—fee, £500.—Harr. 25 Charles II. 1^a p. f. R. 12. and 2» pars f. R. 14.

Sir Robert Booth, Knt., Chief Justice of the Common Pleas, Povey deceased, buried at St. Michan's, 28 March, 1679,—Privy Seal, 26 March,—patent, 3 April, 1679.—Harr.—31 Charles II. 1^a pars d. R. 46.

Sir William Davys, Knt., Prime Serjeant—Booth deceased,—Privy Seal, 21 Feb. 1680,—patent, Dublin, 2 May, 1680.—Harr.—32 Car. II. 2^a pars d. R. 18.

Sir William Davys, Knt.,—continued,—Privy Seal, 19 Feb.—patent, 4 March, 1685.—1 James II. 2^a pars f. R. 7.

Thomas Nugent, one of the justices,—Davys removed,—Privy Seal, Windsor, 7 Oct.,—patent, 15 Oct. 1687.—1 James II. 2^a pars d. R. 27.

Sir Richard Reynell, Bart.,—Nugent removed, Privy Seal, Kensington, 3 Nov. 1690,—patent, Dublin, 6 Dec 1690.—2 WiUiam and Mary, 1^a pars d. R. 14. Sir Richard Pyne, Knt., Chief Justice of the Common Pleas,—Reynell resigned, — Privy Seal, 16 May,—patent, 7 June, 1695.—7 William III. 2^a pars f. R. 3.

Sir Richard Pyne, Knt.,—continued,—Privy Seal, St. James's, 21 May,—patent, 18 June, 1702.—1 Anne, 1^a pars f. R. 33, and 2^a pars d. R. 4.

Alan Brodrick, Pyne deceased,—Privy Seal, 24 Dec. 1709,—patent, Dublin, 4 Jan. 1710.—8 Anne,1^a pars f. R. 61.

Sir Richard Cox, Bart.,—Brodrick removed,—Privy Seal, 4 June,—patent, 5 July, 1711.—10 Anne, 2^a pars d. R. 2.

William Whitshed,—Cox removed,—Privy Seal, 30 Sept,—patent, 14 Oct. 1714.—1 Geo. I. 2^a pars f. R.46.

John Rogerson, Attorney-General,—Whitshed removed to the Common Pleas,—Privy Seal, 3 April,—patent, 4 May, 1727.—13 Geo. I. 3^a pars d. R. 13.

John Rogerson,—continued,—Privy Seal, 14 July,—patent, 21 July, 1727.—1 Geo. II. 1^a pars d. R. 11.

Thomas Marlay, Chief Baron,—Rogerson deceased, 23 Aug. 1741.—Privy Seal, 29 Dec. 1741,—patent, 14 Jan. 1742.—15 Geo. II. 2^a pars f. R. 1.

St. George Caulfield, Attorney-General,—Marlay resigned,—Privy Seal, Kensington, 27 Aug. 1751,—patent, 1 Oct. 1751.—25 Geo. II. 2^a pars f. R. 10.

Warden Flood, Attorney-General,—Caulfield resigned,—Privy Seal, Kensington, 31 July,—patent, 25 Aug. 1760,—pleasure. —Warrant for the fiant, 12 Aug. page 145, Vol. 2.—By a King's Letter reciting that license had been granted to St. George Caulfield to resign, on account of his age and infirmities, and that his Majesty had agreed to allow him a pension of £1000 per annum for life, letters patent were directed to be made out, appointing Warden Flood in his room, during the life of St. George Caulfield, dated Kensington, 6 Oct. 1760.

1761. Warden Flood,—continued,—Privy Seal, 19 Jan.,—patent, 27 March,—pleasure.—Inr. 13 April, 1761.—1 Geo. III. 1^a pars m. 22, d. R. 1.

1764. John Gore, (after created Earl Annaly,)—Warden Flood deceased,—Privy Seal, 24 Aug.,—patent, 24 Sept.,—pleasure.—Inr. 25 Sept.—4 Geo. III. 2^a pars. m. 26, R. 12.

Letters patent were passed authorizing the Chief Justice, in the absence of the Chancellor, to supply his room in the Upper House, the present or any subsequent session of Parliament, during his Majesty's pleasure.—Privy Seal, 28 Feb.,—patent, 24 March,—Inr. 10 April 1766.

1784. John Scott, Prime Serjeant, afterwards created Earl Clonmel,—John, Earl Annaly, deceased,—Privy Seal, St. James's, 29 April,—patent, 10 May,—good behaviour.—Inr. 11 May 1784.—24 Geo. III. 8^a pars m. 55, 57 f. R. 79.

1798. Right Hon. Arthur Wolfe, Attorney-General, afterwards Lord Kilwarden,—John, Earl of Clonmel, deceased,—Privy Seal, 13 June,—patent, 2 July,—good behaviour.—Inr. 4 July.—38 Geo. III. 4^a pars 101, pag. R. 159,—King's Letter, 41. 2^a pars 6 pag. R. 175.

1803. William Downes,—Lord Viscount Kilwarden deceased,—Privy Seal, 12 Sept.,—patent, 24 Sept.,—good behaviour.—Inr. 28 Sept 1803.—43 Geo. III.—6^a pars 273, pag. R. 191.—King's Letter, 44, 1^a pars 226 pag. R. 192.

1822. Charles Kendall Bushe, Solicitor-General,—King's Letter for him to be Chief Justice in the room of the right Hon. W. Downes, resigned.—Carlton House, 14 Feb.,—patent, 20 Feb.;—and on the 23 Feb. another King's Letter for him to be of the Privy Council, (Irish Department office, Westminster,)—on the 4 March, a King's Letter, directing a patent to be passed under the Great Seal of Ireland, for granting unto the Right Hon. W. Downes, late Chief Justice of the Court of King's Bench in Ireland, an annuity of £3,800 per annum for life, to commence from the day of his resignation, and to he paid out of the consolidated fund.—3 Geo. IV.