John Everard (MP)

Sir John Everard (c.1550–1624) was an Irish barrister, politician and judge. He was notable as the last Irish judge until the reign of James II to openly profess the Roman Catholic faith, and this led to his resignation from the Bench. He then embarked on a political career which quickly descended into farce, when, having failed to become Speaker of the Irish House of Commons, he refused to vacate the chair until the successful candidate sat on him. His second son, Sir Richard Everard, was the first of the Everard baronets.^[1]

Background

He was a native of Fethard, County Tipperary, son of Redmond Everard, head of a Catholic family which effectively owned the town of Fethard. ^[2] He entered the Inner Temple in 1578 and was called to the Bar in 1590. In 1602 he was appointed justice of the Court of King's Bench (Ireland) and knighted. He went regularly on assize in Meath, Louth and Kilkenny.^[3]

Judicial career

While many Irish born judges secretly remained loyal to the Catholic faith, Everard was apparently unique in his generation in openly adhering to it. This gave offence to the Crown, especially at a time when the Lord Deputy of Ireland was Sir Arthur Chichester, a firm Protestant and vigorous enforcer of the Penal Laws.^[4] Everard however was a highly regarded figure – even Chichester liked him personally – and for a time he was allowed to retain office; but in the long run his position was untenable and he resigned, presumably under official pressure, in 1607. He was given a pension, and the office of judge of the Palatine Court of Tipperary,^[5] although this has been described contemptuously as "the judicial scrapheap". He remained a member of the King's Inns, and was made a Bencher in 1609. ^[6]

Fethard- the old walls

In addition to Fethard, of which he was virtually the owner, he acquired substantial lands in Tipperary and also County Waterford. Though he was accused of dubious land dealings^[7] he was also noted for charity, and obtained a royal charter to found two almshouses in Fethard in 1611.^[8]

Politics

In 1613 the only Irish Parliament of the reign of James I was called and Everard was returned as member for Tipperary.^[9] He was the choice of the Catholic members, still a very substantial minority, for Speaker; but Chichester was determined that his right-hand man Sir John Davies, the Attorney General for Ireland, should be elected. The Catholic members declared that Everard had been elected and he took the chair. Matters then descended into farce when the Government declared that Davies had been duly elected: Everard, normally a man of good sense, refused to leave the chair until Davies, a very fat man, sat on him. Everard and his supporters then withdrew in protest.^[10]

As a result of his conduct he was summoned to England and imprisoned in the Tower of London, and was expelled from the King's Inns.^[11] He was quickly freed, and on his return to Ireland urged the Catholic community to moderation. Despite the debacle of his failed election he played an active role in the Parliament of 1613–5, and was readmitted to the King's Inns, at the request, perhaps surprisingly, of Lord Deputy Chichester. Whatever their differences on religion, the two men had become friends (and possibly business partners), and Chichester wrote to the Council of the Inns praising Everard's good conduct in Parliament, and suggesting that a man who was so worthy in everything except religion should be readmitted.^[12] The Council, apparently without much enthusiasm, complied.^[13]

Later years

On Chichester's recall, Everard felt bold enough to write to the Crown urging the relaxing of the laws against recusants, and their admission to the legal profession.^[14] He was still well regarded by the Crown, receiving several privileges in the form of the right to hold fairs and markets, and in his last years he enjoyed the friendship of the powerful Richard Boyle, 1st Earl of Cork, with whom he engaged in several business transactions, and whom he entertained at his home shortly before his death in 1624.^[15]

Family

He married Catherine Plunkett and had at least five children, including:

• Nicholas, a barrister
• Richard, who in his father's lifetime was created Baronet of Ballyboy, County Tipperary. He became a prominent member of Confederate Ireland, and was executed by the victorious Cromwellian forces in 1650.^[16]

References