Lord Chief Justice of 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 Dougherty and Thomas Marlay, James Ley and Peter O'Bryan. 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]

List of holders

1324-7 Nicholas Fastolf (1st term)
1327-8 Henry de Hambury
1328-30 Nicholas Fastolf (2nd term)
1330-1 Elias de Asshebournham (1st term)
1331-2 Peter Tilliol
1332-3 Thomas Louth (1st term)
1333-4 Robert de Scardeburgh ("but probably did not act")
1334-7 Thomas Louth (2nd term)
1337 Elias de Asshebournham (2nd term)
1337 Thomas Louth (3rd term)
1337-8 Elias de Asshebournham (3rd term)
1338 Thomas Louth (4th term)
1338-41 Elias de Asshebournham (4th term)
1341-4 Thomas de Dent
1344-5 Robert de Scardeburgh (only substantive term)
1345-6 John le Hunt
1346 Henry de Motlowe
1346-51 John de Rednesse (1st term)
1351-4 Godfrey de Foljambe
1354-6 John de Rednesse, (2nd term)
1356 Richard de Wirkeley
1356-9 John de Rednesse, (3rd term)
1359 William le Petit
1359-61 John de Rednesse (4th term)
1361-3 William de Notton
1363-5 Richard White
1365-7 Thomas de la Dale
1367-70 John Keppock, or Keppok (1st term)
1370-2 William de Skipwith
1373–75 John Keppock, or Keppok (2nd term)
1381 Sir Thomas Mortimer, knt.
1384 John de Sotheron
1385 John Penros
1386 Edmund de Clay, from the common pleas^[5]^[6]
1388 Richard Plunkett, 10 July
1388 Peter Rowe, 23 Sep
1395 William Hankford
1396 William Tynbegh
1397 Peter Rowe, second term
1397 Stephen de Bray, from the common pleas
1404 Richard Rede
1406 Stephen de Bray, second term
1426 Henry Fortescue
1429 Stephen de Bray, third term
1435 Christopher Bernevall, or Barnewall, 2nd justice
1437 William Boys
1437 Christopher Bernevall, or Barnewall, second term
1446 Richard Bye
1447 Robert Plunket
1447 James Alleyn
1457 Nicholas Barnewall
1461 Sir Thomas Fitz-Christopher Plunket
1461 Nicholas Barnewall
1463 Sir Thomas Fitz-Christopher Plunket
1468 John Chevir
1474 Philip Bermingham (d 1490, buried St. Mary's Abbey, Dublin)
1490 Thomas Cusacke
1494 Thomas Bowring
1496 John Topcliffe, from the Exchequer
1513 Patrick Bermingham
1521 Patrick Bermingham by a new patent
1533 Sir Bartholomew Dillon, knt; 2nd justice, from the Exchequer -died same year^[7]
1534 Patrick Finglas, from the Exchequer
1535 Sir Gerald Aylmer, from the Exchequer^[8]
1549 Sir Francis Bryan
1559 John Plunket
1562 John Plunket, by a new patent
1583 James Dowdall
1586 Robert Gardiner, sergeant-at-law in England
1604 Sir James Ley, afterwards Earl of Marlborough: resigned
1608 Sir Humphrey Winch, knt, chief baron; from the exchequer; made a justice of the common pleas of England
1612 Sir John Denham, knt; chief baron, from the Exchequer
1617 Sir William Jones, knt; sergeant-at-law
1620 Sir George Shurley, or Shirley, knt; serjeant-at-law (d.1647)^[9]
1655 Richard Pepys, under the Protectorate – died 2 January 1659
1659 John Santhey, 19 Jan pro tem on Pepys' death^[10]
1659 William Basill, attorney general; 24 Jan
1660 Sir James Barry, knt; afterwards Lord Santry
1673 Sir John Povey, knt; from the Exchequer
1679 Sir Robert Booth, knt; died the next year
1680 Sir William Davys, knt; prime serjeant
1687 Thomas Nugent; removed
1690 Sir Richard Reynell, 1st Baronet; dismissed.
1695 Sir Richard Pyne, chief justice of the common pleas
1709 Alan Brodrick; removed
1711 Sir Richard Cox, knt and bart; removed
1714 William Whitshed; removed to the common pleas
1727 John Rogerson, (previously attorney general)
1741 Thomas Marlay; from the Exchequer; resigned
1751 St George Caulfeild, (previously attorney general); resigned
1760 Warden Flood, (previously attorney general)
1764 John Gore, later Lord Annaly, (previously solicitor general); 24 Aug
1784 John Scott, created Lord Earlsfort, afterwards Viscount and Earl of Clonmell; 29 Apr
1798 Arthur Wolfe, Lord Kilwarden; 13 June; murdered 23 July 1803
1803 William Downes afterward 1st Baron Downes; 12 Sep
1822 Charles Kendal Bushe (previously solicitor general from 1805), 14 Feb
1841 Edward Pennefather (previously solicitor general) 10 Nov
1846 Francis Blackburne (previously Master of the Rolls) 21 Jan
1852 Thomas Langlois Lefroy
1866 James Whiteside
1877 George Augustus Chichester May
1887 Michael Morris, Chief Justice of Ireland, (became Lord of Appeal in Ordinary in 1889)
1889 Peter O'Brien
1913 Richard Robert Cherry
1916 James Henry Mussen Campbell
1918 Thomas Molony

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.
↑ 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

Additional reading

Daire Hogan, R.R. Cherry, Lord Chief Justice of Ireland, 1914–16

External links

Chief Justices of the Territories of the British Empire and the United Kingdom

Legend: Current territory; Former territory; * Now a Commonwealth realm; Now a member of the Commonwealth of Nations

Europe

Since 1234 England and Wales Since c.1200 Scotland 1175-1921 Ireland 1708–1757 Minorca Since 1713 Gibraltar 1763–1782 Minorca 1798–1802 Minorca 1800–1813 Malta (Protectorate) 1813–1964 Malta (Colony) 1807–1890 Heligoland 1809–1864 Ionian Islands 1878–1960 Cyprus 1921–1937 Irish Free State Since 1922 Northern Ireland

North America

17th century and before		18th century	19th and 20th century

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1. Occupied jointly with the United States.
2. In 1931, Canada and other British dominions obtained self-government through the Statute of Westminster. See Canada's name.
3. Gave up self-rule in 1934, but remained a de jure Dominion until it joined Canada in 1949.

South America

1651–1667 Willoughbyland (Suriname) 1670–1688 Saint Andrew and Providence Islands⁴ 1831–1966 British Guiana (Guyana) Since 1833 Falkland Islands⁵ Since 1908 South Georgia and the South Sandwich Islands⁵

4. Now the San Andrés y Providencia Department of Colombia. 5. Occupied by Argentina during the Falklands War of April–June 1982.

Africa

17th and 18th centuries	19th century		20th century

Since 1658 Saint Helena¹⁴ 1792–1961 Sierra Leone 1795–1803 Cape Colony	Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ 1806–1910 Cape Colony 1807–1808 Madeira 1810–1968 Mauritius 1816–1965 The Gambia 1856–1910 Natal 1868–1966 Basutoland (Lesotho) 1874–1957 Gold Coast (Ghana) 1882–1922 Egypt	1884–1966 Bechuanaland (Botswana) 1884–1960 British Somaliland 1887–1897 Zululand 1890–1962 Uganda 1890–1963 Zanzibar (Tanzania) 1891–1964 Nyasaland (Malawi) 1891–1907 British Central Africa Protectorate 1893–1968 Swaziland 1895–1920 East Africa Protectorate 1899–1956 Anglo-Egyptian Sudan	1900–1914 Northern Nigeria 1900–1914 Southern Nigeria 1900–1910 Orange River Colony 1900–1910 Transvaal Colony 1903–1976 Seychelles 1906–1954 Nigeria Colony 1910–1931 South Africa 1914–1954 Nigeria Colony and Protectorate 1915–1931 South West Africa (Namibia) 1919–1960 Cameroons (Cameroon)⁶ 1920–1963 Kenya 1922–1961 Tanganyika (Tanzania)⁶ 1923–1965 Southern Rhodesia (Zimbabwe)⁷ 1924–1964 Northern Rhodesia (Zambia) 1954–1960 Nigeria 1979–1980 Southern Rhodesia (Zimbabwe)⁷

6. League of Nations mandate.
7. Self-governing Southern Rhodesia unilaterally declared independence in 1965 (as Rhodesia) and continued as an unrecognised state until the 1979 Lancaster House Agreement. After recognised independence in 1980, Zimbabwe was a member of the Commonwealth until it withdrew in 2003.

Asia

17th and 18th century	19th century		20th century

1685–1824 Bencoolen (Sumatra) 1702–1705 Pulo Condore 1757-1862 Bengal (to 1862) 1862–1947 Bengal (from 1862) (West Bengal (India) and Bangladesh) 1762–1764 Manila and Cavite 1786–1946 Penang (Malaysia) 1795–1948 Ceylon (Sri Lanka) 1796–1965 Maldives	1812–1824 Banka (Sumatra) and Billiton (Sumatra) 1819–1826 British Malaya (West Malaysia and Singapore) 1826–1946 Straits Settlements (Malaysia and Singapore) 1839–1967 Colony of Aden 1839–1842 Afghanistan 1841–1997 Hong Kong 1841–1946 Kingdom of Sarawak (Malaysia) 1848–1946 Labuan (Malaysia) 1858–1947 British India (India, Pakistan and Bangladesh, Burma) • Bombay • Calcutta • Madras • North-Western Provinces/Allahabad) 1874–1963 British Borneo (East Malaysia and Brunei)	1879–1919 Afghanistan (protectorate) 1882–1963 British North Borneo (Malaysia) 1885–1946 Unfederated Malay States 1888–1984 Sultanate of Brunei 1891–1971 Muscat and Oman protectorate 1892–1971 Trucial States 1895–1946 Federated Malay States 1898–1930 Weihai Garrison	1907–1949 Bhutan (protectorate) 1918–1961 Kuwait protectorate 1920–1932 Iraq⁸ 1921–1946 Transjordan⁸ 1923–1948 Palestine⁸ 1945–1946 South Vietnam 1946–1963 North Borneo (Malaysia) 1946–1963 Sarawak (Malaysia) 1946–1963 Singapore 1946–1948 Malayan Union 1948–1957 Federation of Malaya (Malaysia) Since 1960 Akrotiri and Dhekelia (before as part of Cyprus) Since 1965 British Indian Ocean Territory (before as part of Mauritius and the Seychelles)

⁸ League of Nations mandate. Iraq's mandate was not enacted and replaced by the Anglo-Iraqi Treaty

Oceania

18th and 19th centuries		20th century

1788–1901 New South Wales 1803–1901 Tasmania 1807–1863 Auckland Islands⁹ 1824–1980 New Hebrides (Vanuatu) 1824–1901 Queensland 1829–1901 Western Australia 1836–1901 South Australia since 1838 Pitcairn Islands	1841–1907 Colony of New Zealand 1851–1901 Victoria 1874–1970 Fiji¹⁰ 1877–1976 British Western Pacific Territories 1884–1949 Territory of Papua 1888–1901 Cook Islands⁹ 1889–1948 Union Islands (Tokelau)⁹ 1892–1979 Gilbert and Ellice Islands¹¹ 1893–1978 British Solomon Islands¹²	1900–1970 Tonga (protected state) 1900–1974 Niue⁹ 1901–1942 Commonwealth of AustraliaNorthern Territory 1907–1953 *Dominion of New Zealand 1919–1942 Nauru 1945–1968 Nauru 1919–1949 Territory of New Guinea 1949–1975 Territory of Papua and New Guinea¹³

9. Now part of the *Realm of New Zealand.
10. Suspended member.
11. Now Kiribati and *Tuvalu.
12. Now the *Solomon Islands.
13. Now *Papua New Guinea.

Antarctica and South Atlantic

Since 1658 Saint Helena¹⁴ Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ Since 1908 British Antarctic Territory¹⁵ 1841–1933 Australian Antarctic Territory (transferred to the Commonwealth of Australia) 1841–1947 Ross Dependency (transferred to the Realm of New Zealand)

14. Since 2009 part of Saint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena. 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).

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