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 Doherty, Thomas Marlay, James Ley, Peter O'Brien, and 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, Sir Thomas Molony, 1st Baronet, 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.For a thorough account, see: W.N. Osborough, Studies in Irish Legal History, Four Courts Press 1999, pp 318–326.
Subsequently, the highest-ranking judicial posting in Ireland, that of Lord Chancellor of Ireland, was abolished in December 1922.Schedule II, Part II, Irish Free State Consequential Provisions Act 1922, a United Kingdom statute. 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.Article 75, Constitution of the Irish Free State (Saorstát Éireann) Act 1922. 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.Section 5, Courts of Justice Act 1924.
In what became Northern Ireland, the position was superseded by the position of Lord Chief Justice of Northern Ireland.
List of holders
DateNameNotesLeft office1324-7Nicholas Fastolf, knight(1st term)1327-8Henry de HamburyFrom Hanbury, Worcestershire 1328-30Nicholas Fastolf, knight(2nd term)1330-1Elias de Asshebournham, knight(1st term)1331-2Peter Tilliol, knightBorn at Scaleby Castle, Cumberland1332-3Thomas LouthFrom Louth, Lincolnshire (1st term)1333-4Robert de Scardeburgh ("but probably did not act")1334-7Thomas Louth (2nd term)1337Elias de Asshebournham, knight (2nd term)1337 Thomas Louth (3rd term)1337-8 Elias de Asshebournham, knight (3rd term)1338 Thomas Louth (4th term)1338-41 Elias de Asshebournham (4th term)1341-4Thomas de Dent Patronymic derived from Dent, Yorkshire1344-5Robert de ScardeburghFrom Scarborough, North Yorkshire (only substantive term)1345-6John le Hunt Born in Fenny Stratford, Buckinghamshire1346Henry de Motlowe, knightPossibly connected to Mobberley or Motburlege, Cheshire1346-51John de RednesseFrom Reedness, Yorkshire (1st term)1351-4 Godfrey de Foljambe, knightBorn in Tideswell, Derbyshire1354-6 John de Rednesse (2nd term)1356Richard de Wirkeley Prior of the Order of Hospitallers in Ireland - possibly connected to Wakefield, Yorkshire1356-9John de Rednesse (3rd term)1359William le Petit 1359-61 John de Rednesse (4th term)1361-3 William de Notton, knightFrom Notton, Yorkshire1363-5Richard White From Clongill, County Meath 1365-7Thomas de la Dale, knightBorn in Little Barford, Bedfordshire1367-70John Keppock, or Keppok (1st term)1370-2William de Skipwith, knightFamily originally from Skipwith, Yorkshire1372–82John Keppock, or Keppok (2nd term)1382 Sir Thomas Mortimer, knightFamily originally from Mortemer, Seine-Maritime, Normandy1384John de SotheronBorn at Great Mitton, Lancashire1385John PenrosBorn in Escalls, Cornwall1386Edmund de ClayFrom the common pleasFor 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 him1388, 10 JulyRichard PlunkettOf a leading Anglo-Irish family with branches in County Meath and County Louth 1388, 23 SeptemberPeter Rowe(1st term)1395William HankfordFrom Hankford in the parish of Bulkworthy, Devon1396William Tynbegh, clerkFamily originally from Tenby, Pembrokeshire1397Peter Rowe(2nd term)1397Stephen de Bray(1st term) From the common pleas - family possibly from Bray, County Wicklow1404Richard RedeFrom the Exchequer 1406Stephen de Bray(2nd term)1426Henry Fortescue1429Stephen de Bray(3rd term)1435Christopher Bernevall, or Barnewall2nd justice1437William Boys1437Christopher Bernevall, or Barnewall(2nd term)1446Richard Bye1447Robert Plunket1447Sir James Alleyn1457Nicholas Barnewall(1st term)1461Sir Thomas Fitz-Christopher Plunket(1st term)1461Nicholas Barnewall(2nd term)1463 (or before)Sir Thomas Fitz-Christopher Plunket(2nd term)1468John ChevirFrom Kilkenny. Former Master of the Rolls in Ireland. 1474Philip Bermingham(d 1490, buried St. Mary's Abbey, Dublin)1490Thomas Cusacke1494Thomas BowringFamily from Bowringsleigh, Devon1496John TopcliffeFrom the Exchequer1513Patrick Bermingham1521Patrick BerminghamBy a new patent1533 Sir Bartholomew Dillon, knight 2nd justice, from the Exchequer Died same yearDate 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 15321534Patrick FinglasFrom the Exchequer1535Sir Gerald AylmerFrom the ExchequerDate 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 15461559John Plunket1562John PlunketBy a new patent1583James Dowdall1586Robert GardinerSerjeant-at-law in England1604Sir James LeyAfterwards Earl of Marlborough: resigned1608Sir Humphrey Winch, knightChief Baron; from the ExchequerMade a Justice of the Common Pleas of England1612Sir John Denham, knightChief Baron, from the Exchequer1617Sir William Jones, knightSerjeant-at-law1620Sir George Shurley, or Shirley, knightSerjeant-at-law (d.1647)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 16191655Richard PepysUnder the Protectorate – died 2 January 16591659John Santhey19 Jan pro tem on Pepys' deathRobert Dunlop, 'Ireland under the Commonwealth' Vol 2, P 470n1659William BasillAttorney general; 24 Jan1660Walker, David M., The Oxford Companion to Law, Appendix I, list of Chief Justices of the Upper Bench or King's (or Queen's) Bench in Ireland, 1660–1924, pp. 1351–1352.Sir James Barry, knightAfterwards Lord Santry1673Sir John Povey, knightFrom the Exchequer1679Sir Robert Booth, knight Died the next year1681Sir William Davys, knightPrime serjeant1687Thomas Nugent Removed1690Sir Richard Reynell, 1st Baronet Dismissed1695Sir Richard PyneChief Justice of the Common Pleas1709Alan Brodrick Removed1711Sir Richard Cox, 1st Baronet Removed1714William Whitshed Removed to the Common Pleas1727 John RogersonPreviously attorney generalDied in office 17411741Thomas MarlayPreviously Chief Baron of the ExchequerRetired 17511751St George CaulfeildPreviously attorney generalRetired 17601760Warden FloodPreviously attorney generalDied in office 17641764John Gore, later Lord AnnalyPreviously solicitor general; 24 AugDied in office 17841784John ScottPreviously Prime serjeant; Created Lord Earlsfort, afterwards Viscount and Earl of Clonmell; 29 AprDied in office 17981798Arthur Wolfe, Lord KilwardenPreviously attorney-general; 13 JuneMurdered 23 July 18031803William DownesPreviously a judge of the Court of King's Bench; afterward 1st Baron Downes; 12 SepRetired 18221822Charles Kendal BushePreviously solicitor general from 1805; 14 FebRetired 18411841Edward PennefatherPreviously solicitor general; 10 NovRetired 18461846Francis BlackburnePreviously Master of the Rolls; 21 JanBecame Lord Chancellor 18521852Thomas Langlois LefroyPreviously a Baron of the ExchequerRetired 18661866James WhitesideFormer attorney-generalDied in office 18761877George Augustus Chichester MayPreviously attorney-generalRetired 18871887Michael MorrisPreviously Chief Justice of the Common PleasBecame Lord of Appeal in Ordinary 18891889Peter O'BrienPreviously attorney-generalRetired 19131913Richard Robert CherryPreviously a Lord Justice of AppealRetired 19161916James Henry Mussen CampbellPreviously attorney-generalBecame Lord Chancellor 19181918–1924 Thomas MolonyPreviously a Lord Justice of AppealPosition abolished
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
Further reading Daire Hogan, R.R. Cherry, Lord Chief Justice of Ireland, 1914–16
External links Lord Chief Justice O'Brien anecdotes Tim Healy, QC, MP Anecdotes about Lord Chief Justice O'Brien Order of the Governor-General of the Irish Free State concerning the substitution of 'Saorstát Éireann' for 'Southern Ireland' Text about Sir Richard Cox, Lord Chief Justice of Ireland 'Ireland's Millennia: RTÉ biography of James Campbell, 1st Baron Glenavy, LCJ 1916–1918 Part of the process of changing laws to replace 'Lord Chief Justice of Ireland' with 'Chief Justice of Ireland'