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Promoting Irish Culture and History from Little Rock, Arkansas, USA


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Birth of Barry Yelverton, 1st Viscount Avonmore

Barry Yelverton, 1st Viscount AvonmorePC (Ire) KC, Irish judge and politician, is born in Newmarket, County Cork, on May 28, 1736. He gives his name to Yelverton’s Act 1782, which effectively repeals Poynings’ Law and thus restores the independence of the Parliament of Ireland. This achievement is destroyed by the Acts of Union 1800, which he supports. By doing so, he gravely harms his reputation for integrity, which had already been damaged by his leading role in the conviction and execution for treason of the United Irishman William Orr, which is now seen as a major miscarriage of justice.

Yelverton is the eldest son of Francis Yelverton of KanturkCounty Cork, and Elizabeth Barry, daughter of Jonas Barry of Kilbrin (now Ballyclogh, County Cork). His father dies when he is only ten. His mother reaches a great age, dying only a year before her son. He goes to school in Charleville and Midleton College, and attends Trinity College Dublin, where he takes a degree of Bachelor of Arts in 1757 and of Bachelor of Laws in 1761. His family lacks wealth and social position and he is for some years an assistant master under Andrew Buck in the Hibernian Academy. This menial occupation is later a source of great embarrassment to him, as his enemies love to ridicule him as “Buck’s usher.”

In 1761, Yelverton marries Mary Nugent, daughter of William Nugent of Clonlost, County Westmeath, and his wife Ursula Aglionby, a lady of some fortune, and is thus enabled to read for the Irish Bar, entering the Middle Temple. He is called to the Bar in 1764. Despite his lack of family connections, his success in his profession is rapid, due to his legal ability, charm and remarkable eloquence, and he takes silk eight years afterward.

Yelverton is elected to the Irish House of Commons as member for Donegal Borough from 1774 to 1776. In the latter year, he is elected for both Belfast and Carrickfergus. He chooses to sit for the latter constituency and represents Carrickfergus until 1784. Although few examples of his oratory survive, all contemporaries agree on his eloquence, which gives him a dominant position in the Commons. He also serves as Recorder of Carrickfergus from 1778 until his death. This is not a Crown appointment as the Recorder is elected by a vote of the entire town corporation.

Yelverton gives his support to Henry Grattan and the Whigs during the greater part of his parliamentary career. He is a strong supporter of the demand for an independent Irish Parliament, but later changes his stance.

Yelverton plays a crucial role in the reforms which are collectively called the Irish Constitution of 1782. In particular he sponsors the Act 21 and 22 of George III, An Act to regulate the manner of passing bills and to prevent delays in summoning of Parliaments – which is popularly known as “Yelverton’s Act.” This radically modifies Poynings’ Law of 1495 by which all legislation to be passed by the Irish Parliament has to be drafted by the Privy Council of Ireland, then sent to the English privy council for approval. Under Yelverton’s Act, the role of the Irish Privy Council is abolished and legislation is commenced in the normal way in the Irish Parliament, which for the last 17 years of its existence enjoys a wide measure of independence.

In his latter days, Yelverton becomes identified with the court party and votes for the Act of Union 1800, for which his viscounty is a reward. For this he is never forgiven by many of his former friends. Sir Jonah Barrington, who continues to regard Yelverton with affection and respect, regrets that this action should have destroyed his reputation forever, but he argues that such a mistake of judgment is understandable in a man who lacks worldly wisdom, and despite his many good qualities, does not have a strong moral sense.

Yelverton becomes Attorney-General for Ireland in 1782, and is elevated to the bench as Lord Chief Baron of the Irish Exchequer in 1783. He is created Baron Yelverton in 1795, and in 1800 Viscount Avonmore in the Peerage of Ireland. As Chief Baron, he leads the opposition to the proposal to increase the number of judges in each of the courts of common law from three to four, on the practical ground that four-judge courts often divide evenly and thus cannot reach an effective decision. Despite this common-sense view, the new judges are eventually appointed.

Yelverton becomes a member of the Royal Irish Academy in 1787.

In 1797, Yelverton attains a degree of infamy for presiding over what is widely regarded as a “show trial” which leads to the execution of the United Irishman, William Orr, although he is said to have shed tears when passing the death sentence on Orr. Orr is charged with administering the United Irish oath to a soldier called Hugh Wheatly. This had recently become a capital offence. In fact, it is generally believed that another man, William McKeever, administered the oath. Wheatly, who is the principal witness for the prosecution, later confesses that he had perjured himself, but despite a superb defence by John Philpot Curran, Orr is found guilty and hanged. Yelverton may have formed an early impression of Orr’s guilt and acted on it – even his admirers admitted that as a judge he lacks impartiality.

Peter Finnerty, a journalist, is later convicted of seditious libel for publishing an attack on Yelverton over his conduct of Orr’s trial and this does nothing to enhance the judge’s reputation.

Yelverton dies on August 19, 1805, at his mansion, Fortfield House, TerenureCounty Dublin, which he had built at great expense around 1785. He is buried nearby in Rathfarnham.


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Birth of Sir Richard Levinge, 1st Baronet

Sir Richard Levinge, 1st Baronet, Irish politician and judge who plays a leading part in Irish public life for more than 30 years, is born at Leek, Staffordshire, England, on May 2, 1656.

Levinge is the second son of Richard Levinge of Parwich Hall, Derbyshire, Recorder of Chester, and Anne Parker, daughter of George Parker of Staffordshire and his wife Grace Bateman. The Levinges (sometimes spelled “Levin”) are a long-established Derbyshire family with a tradition of public service. Through his mother he is a first cousin of Thomas Parker, 1st Earl of Macclesfield, Lord High Chancellor of Great Britain.

Levinge is educated at Audlem School, Derbyshire, and St. John’s College, Cambridge. He enters the Inner Temple in 1671 and is called to the Bar in 1678. He is a Member of Parliament (MP) of the House of Commons of England for City of Chester from 1690 to 1695. He is also, like his father, Recorder of Chester in 1686-87, but is summarily removed from this office by King James II of England.

Levinge is one of the first to declare for William III of England at the Glorious Revolution and is sent by the new Government to Ireland as Solicitor-General in 1689. In 1692 he is elected as a member of the Irish House of Commons for Belfast and for Blessington, but chooses to sit for Blessington, a seat he holds until 1695. During this time, he serves as Speaker of the Irish House of Commons. In politics he is a moderate Tory, noted throughout his career for his desire to conciliate. In an age of bitter political faction this earns him the uncharitable nickname “Tom Double.” Although he supports the Penal Laws, as no Irish officeholder then could do otherwise, he is very tolerant in religious matters and has several Roman Catholic friends, including his predecessor as Solicitor-General, Sir Theobald Butler.

Levinge later represents Longford Borough from 1698 to September 1713 and Kilkenny City from 1713 to November 1715 in the Irish Parliament. In 1713 he is also returned for Gowran but chooses to sit for Kilkenny. He is created a Baronet of High Park in the County of Westmeath, in the Baronetage of Ireland on October 26, 1704.

Levinge also serves as Solicitor-General for Ireland from 1689, from which office he is dismissed in 1695 following a quarrel with Henry Capell, 1st Baron Capell of Tewkesbury, the Lord Lieutenant of Ireland. He returns to office as Solicitor-General in 1705 through the good offices of James Butler, 2nd Duke of Ormonde, who has acted as his patron for some years past. History repeats itself when the Lord Lieutenant, Thomas Wharton, 1st Earl of Wharton, dismisses him from office in 1709 with what is regarded by many, including Jonathan Swift, as brutal suddenness. He once again becomes a member of the Parliament of Great Britain representing Derby from 1710 to 1711. He becomes Attorney-General for Ireland in 1711, after Ormonde replaces Wharton as Lord Lieutenant.

Levinge had expressed his interest in being appointed to the English Bench but meets with no success in his efforts to achieve office in England. Under George I of Great Britain, despite being of the “wrong” political persuasion, and his growing age, his famous moderation, and his 30 years’ experience of Irish public life make him acceptable as an Irish judge to the Government, in which he has a powerful supporter in his cousin Lord Macclesfield. In 1721 he becomes Chief Justice of the Irish Common Pleas for Ireland and a member of the Privy Council of Ireland. He complains bitterly of the poor quality of his junior judges, and asks for suitable replacements, although he complains equally about some of those whose names are put forward as possible replacements. Despite being in great pain from gout in his last years, he remains on the Bench until his death on July 13, 1724.

Levinge divides his time between his ancestral home, Parwich Hall, which he purchases from his childless elder brother, and his newly acquired property Knockdrin Castle, County Westmeath. Most of his estates passes to his eldest son, who extensively rebuilds Parwich.

(Pictured: Knockdrin Castle, County Westmeath, the main Levinge residence in Ireland)