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Tag Archives: Chief Baron of the Exchequer


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Death of Sir James Shaw Willes

Sir James Shaw Willes, a judge of the English Court of Common Pleas, kills himself at his residence near Watford, Hertfordshire, England, on October 2, 1872, while suffering a nervous breakdown.

Willes is born on February 13, 1814, in Cork, County Cork, the eldest among six children of James Willes, physician, and his wife, Elizabeth Aldworth, daughter of John Shaw, mayor of Cork in 1792. Educated at Dr. Porter’s school in Cork and Trinity College Dublin (TCD), he graduates BA in 1836, having entered the King’s Inns the previous year. In 1837, he goes to London and joins the Inner Temple as a pupil of the noted barrister Thomas Chitty (1802–78), in whose chambers he remains as a salaried assistant and special pleader before being called to the English bar on June 12, 1840. The Willes and Chitty families are connected, and James’s younger sister, Mary, later marries Thomas Chitty’s son.

Willes joins the home circuit, though his practice is chiefly in London in mercantile and maritime law. A leading junior in the Court of Exchequer, he holds the post of tubman from 1851, an honorary position in the gift of the Lord Chief Baron. Known for his erudition, he is persuaded to edit, with Sir Henry Singer Keating, the third and fourth editions of John William Smith‘s Leading Cases (1849, 1856). In 1850, his reputation is such that he is appointed one of the commissioners to draft the common law procedure bill (1854) and is credited with having effected most of the reform therein. On July 3, 1855, he is appointed judge of the Court of Common Pleas, though he has not yet taken silk and is only 41, the youngest lawyer but one to have been appointed to the bench since 1778.

A classical scholar and linguist who knows oriental as well as European languages, who travels widely, loves poetry, and frequents literary men, and whose judgments are clear and philosophical, Willes is accounted among the best common law judges of his day, and is celebrated for the simplicity and lucidity of his style. Notable judgments include Esposito v. Bowden (1857), which lays down that the force of a declaration of war is equal to that of an act of parliament prohibiting commercial transactions with the enemy. In the law of torts, he gives an oft-cited judgment in the case of Indermaur v. Dames (1866), which has been accepted almost as statutory, on the liability of the occupier of a building for the safety of a visitor. In 1868, as one of the first judges appointed to try election petitions, he lays down the rules of practice generally followed afterward. A strong British patriot, he serves in the Inns of Court Volunteers from 1859 until shortly before his death.

On November 3, 1871, Willes is sworn of the privy council. However, his health has deteriorated through overwork and an emotional temperament, and he has long suffered heart disease and gout. In August 1872, after a heavy assize at Liverpool, he returns to his house, Otterspool, Watford, Hertfordshire, and succumbs to a nervous breakdown, which leads to his shooting himself on October 2, 1872. He is buried on October 7 at Brompton Cemetery in London. He is survived fifteen years by his wife, Helen, daughter of Thomas Jennings of Cork, whom he married on May 17, 1856. There have no children.

A tall, reserved man, with a prominent nose and sad eyes, Willes has great affection for children and animals and is singularly emotional. He is known to return to his room and shed tears before passing sentence on a criminal. He never loses his Irish accent. His marriage is allegedly unhappy, as he had been forced into it after he had fallen out of love. Sir Frederick Pollock (1845–1937), author of the magisterial History of English Law before the Time of Edward I and sometime marshal to Willes, dedicates to him his first textbook on torts in 1879, writing that he was “one of those whose knowledge is radiant and kindles answering fire.” A century later, A. W. B. Simpson maintains that “his reputation as a jurist will last as long as the law reports of England are read.”

(From: “Willes, Sir James Shaw” by Bridget Hourican, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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Death of Richard Boyle, 1st Earl of Cork

richard-boyle-1st-earl-of-cork

Richard Boyle, 1st Earl of Cork, English-born politician who serves as Lord Treasurer of the Kingdom of Ireland and is also known as the Great Earl of Cork, dies on September 15, 1643 in Youghal, County Cork. He is an important figure in the continuing English colonisation of Ireland in the 16th and 17th centuries, as he acquires large tracts of land in plantations in Munster in southern Ireland.

Boyle is born at Canterbury, Kent, England on October 3, 1566, the second son of Roger Boyle, a descendant of an ancient landed Herefordshire family, and of Joan, daughter of John Naylor. He goes to The King’s School, Canterbury, at the same time as Christopher Marlowe. His university education begins at Corpus Christi College, Cambridge, England, in 1583. After this he studies law at the Middle Temple in London and becomes a clerk to Sir Roger Manwood, who is then Chief Baron of the Exchequer.

Boyle goes to Ireland in 1588. He becomes deputy Escheator under Ireland’s Escheator General John Crofton and uses his office to enrich himself, only to lose his property in the Munster rebellion in 1598. Returning to England, he is imprisoned on charges of embezzlement arising from his activities in Ireland. He is acquitted by a royal court, however, and in 1600 Elizabeth I of England appoints him clerk of the council of Munster.

Two years later, Boyle purchases Sir Walter Raleigh’s estates in the Irish counties of Cork, Waterford, and Tipperary. By employing settlers imported from England, he develops his lands and founds ironworks and other industries. The enormous wealth he accumulates brings him honours and political influence. Created Earl of Cork in 1620, he is appointed a Lord Justice of Appeal in 1629 and Lord High Treasurer in 1631. Nevertheless, soon after Sir Thomas Wentworth (afterward Earl of Strafford) goes to Ireland as lord deputy in 1633, Boyle is fined heavily for possessing defective titles to some of his estates. Thereafter his political influence declines.

Boyle dies at Youghal on September 15, 1643, having been chased off his lands in the Irish Rebellion of 1641. His sons, however, recover the family estates after the suppression of the rebellion.

Boyle’s first wife, Joan Apsley, the daughter and co-heiress of William Apsley of Limerick, whom he marries on November 6, 1595, dies at Mallow, County Cork on December 14, 1599 during childbirth. By his second wife, Catherine Fenton, daughter of Sir Geoffrey Fenton, he has eight daughters and seven sons, including the renowned chemist Robert Boyle and the statesman-dramatist Roger Boyle, 1st Earl of Orrery.


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Birth of Walter Hussey Burgh, Irish Statesman

walter-hussey-burgh

Walter Hussey Burgh, Irish statesman, barrister, and judge, is born in Kildare on August 23, 1742. Burgh sits in the Irish House of Commons and is considered to be one of its outstanding orators. He serves briefly as Chief Baron of the Exchequer at the end of his life.

Burgh is the son of Ignatius Hussey of Donore House, near Naas, and his wife Elizabeth Burgh. Elizabeth is the daughter of the leading statesman and architect Colonel Thomas de Burgh, who designs some of the most notable Irish buildings of his era, including Trinity College Library. Walter adopts the surname Burgh as a condition for inheriting the Burgh estate at Drumkeen, County Limerick, from his uncle Richard Burgh.

Burgh is educated at Mr. Young’s school at Abbey Street in Dublin, and then at the University of Dublin, where he graduates Bachelor of Arts in 1762. He is an accomplished classical scholar and has some reputation a poet. After studying at the Temple, he is called to the Bar in 1769 and within a few years becomes one of its leaders. He enters the Irish House of Commons in the same year, sitting first for Athy, later for the University of Dublin.

In Parliament he is a close associate of Henry Grattan and a supporter of his “free trade” programme. He becomes legendary for his oratory in support of the Irish Patriot Party. At the same time he prides himself on his independence of mind, preferring not to pledge support for any particular policy until he has examined its merits. He acquires as his patron Philip Tisdall, the immensely influential Attorney-General for Ireland, who calls him “the most promising of the rising young men.” At Tisdall’s request Burgh is appointed Prime Serjeant in 1776. He resigns the office in 1779, in protest at the continuing restrictions on free trade, after making the celebrated “England has sown her laws as dragon’s teeth” speech. After the removal of the restrictions, he agrees to accept office again and is re-appointed Prime Serjeant in 1782. A month later he is appointed Chief Baron of the Irish Exchequer, but he dies the following year at the assizes in Armagh, reportedly from gaol fever.