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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.