Charles Porter (Lord Chancellor of Ireland)

Sir Charles Porter (6 September 1631 – 8 December 1696), was a flamboyant and somewhat controversial English-born judge who had a highly successful career, being twice Lord Chancellor of Ireland.

Early life

Porter was born in Norwich, a younger son of Edmund Porter, prebendary of Norwich and chaplain to Thomas Coventry, 1st Baron Coventry. Much of what we know of his early life comes from his own very colourful account. During the Second English Civil War, while he was an apprentice, he took part on the Royalist side in the serious rioting in Norwich in 1648. Pursued by a troop of soldiers, he escaped by seizing a child and pretending to carry it to safety. He fled to Yarmouth and took ship for Amsterdam; there he first trained as a soldier, then ran a restaurant.^[1] After about five years he judged it safe to return home.

He decided on a career in the law, entered Middle Temple in 1656 and was called to the Bar in 1663. Critics were to say that he was a poor lawyer, and his addiction to all forms of pleasure, especially drink, undoubtedly injured his practice.On the other hand he was a hard worker, had a good knowledge of procedure and was a superb orator. Early in his career he acquired the reputation of a man who had "the courage of his convictions". As counsel in Crispe v Dalmahoy ^[2] (1675), one of several controversial cases on the claims of both Houses of Parliament to act judicially, Porter insisted on his right to argue against the alleged judicial powers of the House of Commons, even on pain of imprisonment for contempt.^[3] He attracted the favourable notice of several judges, especially Francis North, 1st Baron Guildford, who described him as "a man who had the good fortune to be universally loved".^[4] During the last years of Charles II, with Guildford at the head of the judiciary, Porter was at the height of his professional success, and entered Parliament as member for Tregony in 1685.

Lord Chancellor of Ireland

Ever since the Restoration there had been great difficulty in finding a suitable Irish Lord Chancellor: MIchael Boyle, Archbishop of Armagh, held the office for twenty years simply because no professional judge of repute was prepared to do so. Boyle was conscientious and incorruptible, but in old age his mental and physical powers declined. Despite the objections of the Lord Lieutenant, Henry Hyde, 2nd Earl of Clarendon, a good friend of Boyle,^[5] it was decided to replace him with Porter, who was knighted and appointed Chancellor in April 1686.

Porter soon found himself in difficulty: as his later career would show he was by no mean hostile to Roman Catholics, and was in favour of at least some degree of religious toleration: but he strongly objected to the policy of wholesale replacement of Protestant office-holders by Catholics. This rapidly undermined his credit with James II; he was falsely accused of taking bribes, and dismissed early in 1687.^[6] He returned to practice in England and was said to have been reduced to near poverty, but his fortunes were restored by the Revolution of 1688, of which he was an early and strong supporter. He was appointed King's Counsel; entered the House of Commons as member for Windsor in 1690, and late that year was reappointed Lord Chancellor of Ireland.

Second term

His second term, like his first, was plagued with political controversy; ironically, having been removed for lack of favour to Catholics, he was now accused of excessive sympathy to their cause. In his capacity as Lord Justice of Ireland he signed the Treaty of Limerick, which gave generous terms of surrender to the defeated Catholics, promising them religious tolerance, security of property and a general pardon. Porter was determined to observe the terms of the Treaty, so far as possible. This brought him into conflict with most other members of the Dublin administration, although he had a strong ally in Sir Richard Cox, a future Lord Chancellor. The conflict intensified after the appointment of Lord Capel as Lord Deputy. Porter's opponents were determined to have him removed, the difficulty being that King William III thought well of him. In 1693 he was charged with maladministration before the House of Commons. Being still a member of the House, he attended the hearing in person and secured a favourable verdict.^[7]

Impeachment

His enemies returned to the attack in 1695 when he was impeached by the Irish House of Commons for high crimes and misdemeanours; the articles, while including a reference to Jacobite sympathies, concerned his conduct as a judge and listed a series of alleged acts of corruption and abuse of office. Porter was permitted to speak in his own defence; his speech was agreed to have been a masterpiece, and the Commons rejected the charges by a large majority.^[8]

Last years

On the night of his acquittal, Porter became involved in a foolish altercation with Robert Rochfort, the Speaker of the House of Commons. Seeing the Chancellor's coach trying to pull ahead of his own, Rochfort, who had a great sense of his own dignity, jumped down and tried to physically prevent the Chancellor's coachman from going ahead. Porter sensibly stayed out of the quarrel, but the following day at his request the Lords sent a protest to the Commons, who replied that no insult had been intended.^[9]

Porter tried so far as possible to counter what he regarded as Capel's aggressively Protestant policy. On the other hand, as regards appointments to high office, there may well have been faults on both sides, since it seems that Porter, no less than Capel, was anxious to secure as many important offices as possible for his friends and relatives. ^[10] Porter in 1695 told Capel that he "could not bear it" if William Neave, his political enemy, were appointed Second Serjeant: Capel sharply retorted that he had allowed Porter to nominate his own protege, Sir Thomas Pakenham, as First Serjeant, as well as allowing Porter's own brother to take silk. Neave was duly appointed over Porter's protests. ^[11]

On Capel's death in the spring of 1696, Porter, again Lord Justice, was briefly at the head of the Irish administration: but on 8 December 1696, on returning to his chambers after leaving Court, he collapsed and died suddenly of a stroke.^[12]

Family

Porter married twice, but few details of his marriages survive. He had three children:

• Frederick, who married his cousin Mary Porter, but had no children.
• Elizabeth, who married firstly Richard Devenish, and then Rev John Moore, fourth son of Henry, 3rd Earl of Drogheda and had issue by both marriages.
• Letitia, who married George Macartney: the celebrated statesman George Macartney, 1st Earl Macartney, was their grandson.

His brother William followed him to Ireland, was called to the Irish Bar and became King's Counsel in 1695.^[13]

Character

Porter's strong opinions and refusal to compromise made him enemies in the political sphere; yet in private life, according to Lord Guildford he was universally loved, being witty, generous and magnanimous. His fondness for drink damaged his career, but on the whole he was a success as Lord Chancellor; William III, who normally regarded his Ministers as human beings with complete indifference, said that he "was sorry for the loss of a good Chancellor". Despite his need of money he prided himself on not taking bribes: Clarendon, who had a low opinion of the legal profession said that Porter and Roger North were "the only two honest lawyers I ever knew".^[14]

References