John St Leger (1674–1743)

Sir John St Leger (1674-1743) was an Irish barrister, politician and judge. He belonged to a well-known titled family from County Cork. Since he was not highly regarded for his legal ability, it was thought by many of his contemporaries that he owed his professional success to his aristocratic connections. As a judge he was involved in the celebrated case of Sherlock v. Annesley, which caused a major Constitutional crisis, and led briefly to his imprisonment.

Background and early career

He was born at Doneraile, County Cork, son of John St Leger and his second wife Aphra, daughter of Thomas Harflete. His elder half-brother was Arthur St Leger, 1st Viscount Doneraile. Arthur's loyalty to his younger brother was evident throughout his life: he lobbied for John's appointment to the Bench in 1714 and spoke against a motion to commit him for contempt in the Irish House of Lords in 1719.

He was educated at Westminster School and Christ Church, Oxford. He entered the Inner Temple in 1691, but was not called to the Bar until 1707, and even then he was notably dilatory in practicing his profession, prompting a famous jibe by Jonathan Swift that St Leger did not so much practice at the Bar as "follow it at a distance". He became attached to the English Court in a minor capacity, and was something of a favourite of King William III, who gave him a knighthood in 1701.

Judge

He returned to Ireland and was nominated as Recorder of Cashel, but the appointment was vetoed by the Crown, possibly on the grounds of his political leanings. He sat in the Irish House of Commons as member for Doneraile, which was the St Leger family seat. On the accession of King George I in 1714, there was a "clean sweep" of the existing Tory judges, who were dismissed en bloc. St Leger was a Whig in politics, and this, together with the support of influential friends and of his brother Lord Doneraile was apparently considered enough to qualify him for appointment to the Bench. He became a Baron of the Court of Exchequer (Ireland). The appointment was greeted with general derision by those who knew him well : "God help the country where St Leger is made a judge!" remarked the poet Samuel Garth.

State of the Irish Court of Exchequer in 1714

In fairness it must be said that St Leger and his colleagues faced a daunting task: he described the state of the Irish Court of Exchequer as one of "confusion and disorder, almost past remedy". An enormous backlog of old cases had built up, legal procedures were obscure and hearings often extended over more than a year. The appointment of Sir Jeffrey Gilbert as Chief Baron of the Irish Exchequer improved matters for a time: he was a fine lawyer, who after his death gained great fame for his writings and was initially very popular in Ireland.

Sherlock v Annesley

Quite unexpectedly, a routine lawsuit, Sherlock v Annesley, involving a dispute between two cousins over the right to possession of certain lands at Naas, and which was heard in the Court of Exchequer by Gilbert, St Leger and their colleague John Pocklington, created a major constitutional crisis: in Pocklington's words, the case caused "a flame to burst forth, and the last resentment of the country fell upon us (the Barons)". At that time the Irish House of Lords and the British House of Lords each claimed to be the final court of appeal from Ireland, and each House heard an appeal from one of the parties to the suit, resulting in contradictory orders. The Barons of the Exchequer, to the fury of the Irish House of Lords, felt obliged to enforce the English order, and were summoned to account for their actions before the Lords. After a short and ill-tempered hearing, the House ordered Black Rod to take the Barons into custody; St Leger's brother Lord Doneraile being one of the very few to object. Gilbert and Pocklington, were in custody for three months, but St Leger was released early as his evidence was required at the assizes in Cork.

Later years

In the bitter aftermath of the crisis, which resulted in the Declaratory Act of 1719, by which the Irish House of Lords lost its status as a court of appeal (a status not restored until 1782), Gilbert chose to return to England, but St Leger, despite the damage to his reputation, lobbied hard for promotion in his home country. Public opinion for some years was divided as to whether he would become Chief Baron or be dismissed from the Bench altogether. In fact he retained his position as Baron until his retirement in 1741. He is listed as a trustee of the King's Inns in 1731. Six years earlier he and Gilbert's successor, Chief Baron Bernard Hale, had narrowly escaped death or serious injury when on assize at Monaghan: the courthouse, like most Irish courthouses of the time was in a serious state of disrepair, and the roof fell in. The judges, unhurt, concluded the assizes in the open air.

He lived at Capel Street in Dublin and at Grangemellon in County Kildare, where he was buried in 1743.

Family

While still in his twenties, he made an advantageous marriage to a wealthy widow, Mary Ware Fraser, granddaughter of the noted historian Sir James Ware. Mary, who had previously been married to Alexander Fraser, was some twenty-five years his senior, and according to Francis Elrington Ball there was much gossip about her "questionable virtue". She died in 1722, aged about seventy. Her widower quickly remarried Lavinia Pennefather, of the prominent landowning family of New Hill, County Tipperary, by whom he had several children, including John, his heir, and the leading soldier General Barry St. Leger (1733-1789).

Barry St. Leger, son of John and Lavinia

See also

References

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