Bowes epitomizes the severity of the 18th century Penal Laws against Irish Catholics when he rules, in about 1759, that: “The law does not suppose any such person to exist as an Irish Roman Catholic, nor could such a person draw breath without the Crown’s permission”. Such views, given that Roman Catholics make up more than 90% of the Irish population at the time, inevitably make him bitterly unpopular, and in 1760 he is assaulted during a riot outside the House of Commons.
In spite of his religious bigotry, Bowes is considered one of the outstanding judges of his time. In particular, he is a reforming Lord Chancellor, who is praised for making the Court of Chancery “a terror for fraud, and a comfort and protection for honest men”. As Attorney-General he shows considerable courage in going on assize during the Irish Famine (1740–1741) despite the infectious fever which is raging at the time, and which claims the lives of three other judges who decide to brave the dangers.
Bowes is considered one of the finest speakers of his time. His speech for the prosecution at the trial of Henry Barry, 4th Baron Barry of Santry, who is charged with murder in 1739, is described by those who hear it as a masterpiece of eloquence and logic, and leads to the Irish House of Lords bringing in a unanimous verdict of guilty against Santry.
Bowes dies in Dublin on July 22, 1767, his mental faculties fully intact despite his bodily infirmities. He is buried in Christ Church Cathedral, Dublin, where his brother raises a memorial to him. He never marries, and his title becomes extinct on his death. He lives at Belvedere House, Drumcondra. His estates passes to his brother Rumsey Bowes of Binfield, Berkshire.
Brewster is the son of William Bagenal Brewster, of Ballinulta, County Wicklow, by his wife Mary, daughter of Thomas Bates. He receives his earlier education at Kilkenny College, then proceeds to Trinity College Dublin (TCD) in 1812, taking his B.A. degree in 1817, and long after, in 1847, his M.A. degree.
Brewster is very active in almost all branches of his profession after his resignation, and his reputation as an advocate may be gathered from the pages of the Irish Law and Equity Reports, and in the later series of the Irish Common Law Reports, the Irish Chancery Reports, and the Irish Jurist, in all of which his name very frequently appears. Among the most important cases in which he takes part are the Mountgarrett case in 1854, involving a peerage and an estate of £10,000 a year, the Carden abduction case in July of the same year, the Yelverton case in 1861, the Egmont will case in 1863, the Marquess of Donegall‘s ejectment action and lastly, the great will cause of Fitzgerald v. Fitzgerald, in which Brewster’s statement for the plaintiff is said to be one of his most successful efforts.
On Edward Smith-Stanley becoming prime minister, Brewster succeeds Francis Blackburne as Lord Justice of Appeal in Ireland in July 1866, and Lord Chancellor of Ireland the following March. As Lord Chancellor, he sits in his court for the last time on December 17, 1868, when Benjamin Disraeli‘s government resigns. He then retires from public life.
There are only three or four judgments delivered by him in print, either in the Court of Appeal or the Court of Chancery (Ireland). His judicial manner is quiet, but with what is called “a touch of serviceable fierceness” which keeps order in Court. He is highly regarded by his colleagues. Even the bitter-tongued Jonathan Christian, who despises most of his fellow judges, defers to Brewster.
Brewster dies at his residence, 26 Merrion Square South, Dublin, on July 26, 1874, and is buried in the family vault at Tullow, County Carlow, on July 30. By his marriage in 1819 with Mary Ann, daughter of Robert Gray of Upton House, County Carlow, who dies in Dublin on November 24, 1862, he has issue one son, Colonel William Bagenal Brewster, and one daughter, Elizabeth Mary, wife of Mr. Henry French, both of whom die in the lifetime of their father. His estates are inherited by Elizabeth’s son, Robert French-Brewster, who adopts his grandfather’s surname. A nephew, Edward Brewster, studies under Abraham Brewster and becomes a lawyer and politician in New South Wales. Edward’s brother, John Grey Brewster, also emigrates to Australia, where he becomes a prosperous grazier and company director, retiring to England in later years where he dies in 1897.
(Pictured: Right Honourable Abraham Brewster photographed by Thomas Cranfield, 1861)
His brother, Richard Pennefather, has a longer and more successful career as a judge. Appointed a Baron of the Court of Exchequer in 1821, he serves for nearly 40 years and is held in universal regard. With the general support of the profession, he remains on the Bench until shortly before his death at eighty-six, by which time he is blind. Edward and Richard, “the two Pennefathers,” are leading practitioners in the Court of Chancery (Ireland).
Pennefather is generally regarded as more gifted, a master of the law of equity and also a skilled libel lawyer. In 1816, he is one of the lead counsels in the celebrated libel case of Bruce v. Grady, which arises from the publication of a scurrilous poem called “The Nosegay,” written by a barrister, Thomas Grady, about his former friend, the notably eccentric banker George Evans Brady of Hermitage House, Castleconnell, County Limerick. The quarrel is said to arise from a dispute over money which Bruce had loaned to Grady. The plaintiff claims £20000 but the jury awards £500.
According to Elrington Ball, Pennefather is considered to be one of the greatest Irish advocates of his time, and one with few rivals in any age, but he does not live up to expectations as a judge, due largely to his age and increasing ill-health. As a judge he is remembered mainly for presiding at the trial of Daniel O’Connell in 1843 for sedition, where his alleged bias against the accused damages his reputation: he is accused of acting as prosecutor rather than judge, and his summing-up is described as simply an extra speech for the prosecution. Further damage to his reputation is done by the majority decision of the House of Lords quashing the verdict in the O’Connell case: while many of the errors were the fault of the prosecution, the Law Lords do not spare Pennefather for his conduct of the proceedings, and in particular for his summing-up. The Law Lords comment severely that the course of the trial, if condoned, will make a mockery of trial by jury in Ireland.
The related trial of Sir John Gray descends into farce when the Attorney-General, Sir Thomas Cusack-Smith, who is noted for his hot temper, challenges one of the defence counsel, Gerald Fitzgibbon, to a duel, for having allegedly accused him of improper motives. Pennefather tells the Attorney-General severely that a man in his position has no excuse for such conduct, whereupon the Attorney-General agrees to let the matter drop. The public notes with interest that Fitzgibbon’s wife and daughter are present in Court during the contretemps.
Following a long illness, Pennefather dies in Dunlavin, County Wicklow, on September 6, 1847. He is buried in Christ Church Cemetery, Delgany, County Wicklow.
Christian is considered one of the best Irish lawyers of his time, but as a judge, he regularly courts controversy. His bitter and sarcastic temper and open contempt for most of his colleagues leads to frequent clashes both in Court and in the Press. Though he is rebuked for misconduct several times by the House of Commons, no serious thought seems to be given to removing him from office.
Christian is the third son of George Christian, a solicitor, and his wife Margaret Cormack. He is educated at the Trinity College Dublin, enters Gray’s Inn in 1831 and is called to the Bar of Ireland in 1834. He marries Mary Thomas in 1859 and they have four sons and four daughters. He lives at Ravenswell, Bray, County Wicklow.
Christian’s early years at the Bar are not successful, and he admits to being near to despair at times about his prospects. His practice lays in the Court of Chancery (Ireland). Chancery procedures are extremely complex, and he finds them at first almost unintelligible. Gradually he masters the intricacies of Chancery practice and becomes a leader of the Bar, taking silk in 1841. It is said that his expertise in Chancery procedures leaves even the Lord Chancellor himself quite unable to argue with him.
Christian is appointed Law Adviser to the Lord Lieutenant of Ireland, an influential post which involves assisting the Attorney General and Solicitor General in advising the Crown in 1850, but resigns after only a few months, on the ground that it interferes with his private practice. He is appointed Third Sergeant later the same year but resigns in 1855, allegedly because he is disappointed at not receiving further promotion. Promotion does in time come his way. He is appointed Solicitor General the following year and a judge of the Court of Common Pleas in 1858. He is unusual in having no strong political loyalty. It is said that his political allegiance is known only to himself.
As a judge of the Court of Common Pleas, Christian gets on well with his colleagues, and any dissenting judgements he writes are short and courteous. It is after his appointment as a Lord Justice of Appeal in Chancery in 1867 that his behaviour begins to attract unfavourable comment, as he goes out of his way to court controversy on a wide variety of topics.
Christian develops a deep contempt for the Irish Reports, castigating them in open Court as “nonsense,” “worthless rubbish” and “disjointed twaddle.” All attempts by colleagues to get him to moderate his language fail. He threatens to refuse to let his judgements be reported, and in his last years, his relations with the law reporters are so bad that they simply publish their uncorrected notes of his decisions rather than sending them to the judge for revision.
In 1867 a new office of Vice-Chancellor for Ireland is created. It is filled throughout its existence by one man, Hedges Eyre Chatterton, who retires in 1904. Despite his length of service, he is not considered a judge of the first rank, and Christian evidently combines feelings of professional contempt with a personal dislike for him. Christian usually votes on appeals to overturn his judgments, and frequently adds personal attacks on Chatterton, despite protests from his colleagues. The feud between the two judges reaches the Press in 1870 when The Irish Times, without naming them, quotes one judge’s opinion that another is “lazy, stupid, conceited and dogmatic.” Although Christian denies it, it is universally believed that he is the author of the remarks, which are aimed at Chatterton. Chatterton is fortunate in enjoying the support of the Lord Chancellor of Ireland, Thomas O’Hagan, 1st Baron O’Hagan, who is also on bad terms with Christian.
Christian had worked well with Abraham Brewster, O’Hagan’s predecessor, whom he respected. For O’Hagan on the other hand, he feels the same dislike and contempt which he felt for Chatterton. Although they served together in the Court of Common Pleas without any obvious conflict, Christian considers O’Hagan’s appointment as Lord Chancellor to be a purely political act, and that he is unfit to be either head of the judiciary or an appeal judge in Chancery. He also complains of what he sees as O’Hagan’s laziness, which puts an extra burden on him. During O’Hagan’s first term as Chancellor, Christian subjects him to constant criticism. Unwisely he does not confine these attacks to the Courtroom but publishes numerous pamphlets, which is widely seen as improper conduct in a judge. When O’Hagan becomes Chancellor for the second time, a friend congratulates him on escaping from “the misnamed Christian” who had retired two years earlier.
It is probably Christian’s feud with O’Hagan which leads to his extraordinary decision to publicly attack the House of Lords for reversing, by a majority including O’Hagan, his judgment in O’Rorke v Bolingbroke. In a letter to The Times in 1877, whose content has been described as “astounding,” he questions the Law Lords knowledge of equity. While he singles out Lord Blackburn for criticism, it is likely that he also intends to harm O’Hagan’s reputation.
A major source of contention between Christian and O’Hagan is the Landlord and Tenant (Ireland) Act 1870, which O’Hagan steers through Parliament. The Act provides for compensation for tenants in the event of eviction. Christian, though he is not a landowner and is not as a rule much interested in politics, objects strongly to the policy of the Act, which he believes to be most unjust to landlords. His attacks from the Bench on the Act lead to serious rebukes both from the House of Commons and from the Press, which comment on the impropriety of a judge attacking an Act of Parliament, which it is his duty to enforce.
O’Hagan’s retirement does nothing to lessen Christian’s ill-temper. Other judges come in for attack, including Lord Chief Justice of IrelandJames Whiteside, whom he accuses of speaking constantly on matters of which he is ignorant. In his later years, he seems to be a lonely and isolated figure. His vigorous opposition to the Supreme Court of Judicature (Ireland) Act 1877 is entirely unsuccessful. A feeling of isolation may partly explain his decision to retire, though certainly his increasing deafness also plays a part.
V.T.H. Delaney praises Christian as a great master of equity, a man of great learning and a judge with a great desire to see justice done, but he does not deny that Christian loved controversy. Even his supporters spoke of “arrows too sharply pointed.” Critics spoke of his “spirit of personal sarcasm, cold, keen and cynical.” No doubt Christian was genuinely concerned to uphold high standards of judicial conduct, but as Daire Hogan points out, his own conduct struck most observers as far more improper than anything he complained of in others.
Stanford is born into a well-off and highly musical family, the only son of John James Stanford, a prominent Dublin lawyer, Examiner to the Court of Chancery in Ireland and Clerk of the Crown for County Meath, and his second wife, Mary, née Henn. He is educated at the University of Cambridge before studying music in Leipzig and Berlin. He is instrumental in raising the status of the Cambridge University Musical Society, attracting international stars to perform with it.
While still an undergraduate, Stanford is appointed organist of Trinity College, Cambridge. In 1882, at the age of 29, he is one of the founding professors at the Royal College of Music, where he teaches composition for the rest of his life. From 1887 he is also Professor of Music at Cambridge. As a teacher, he is skeptical about modernism and bases his instruction chiefly on classical principles as exemplified in the music of Johannes Brahms. Among his pupils are rising composers whose fame go on to surpass his own, such as Gustav Holst and Ralph Vaughan Williams. As a conductor, he holds posts with the Bach Choir and the Leeds Triennial Music Festival.
Stanford composes a substantial number of concert works, including seven symphonies, but his best-remembered pieces are his choral works for church performance, chiefly composed in the Anglican tradition. He is a dedicated composer of opera, but none of his nine completed operas has endured in the general repertory. Some critics regard him, together with Hubert Parry and Alexander Mackenzie, as responsible for a renaissance in music from the British Isles. However, after his conspicuous success as a composer in the last two decades of the 19th century, his music is eclipsed in the 20th century by that of Edward Elgar as well as former pupils.
In September 1922, Stanford completes the sixth Irish Rhapsody, his final work. Two weeks later he celebrates his 70th birthday and thereafter his health declines. On March 17, 1924, he suffers a stroke and dies on March 29 at his home in London, survived by his wife and children. He is cremated at Golders Green Crematorium on April 2 and his ashes are buried in Westminster Abbey the following day.
Stanford’s last opera, The Travelling Companion, composed during World War I, is premiered by amateur performers at the David Lewis Theatre, Liverpool in 1925 with a reduced orchestra. The work is given complete at Bristol in 1928 and at Sadler’s Wells Theatre, London, in 1935.
Philip Tisdall, lawyer and politician who is a leading figure in the Irish Government for many years, is born on March 1, 1703, in County Louth.
Tisdall is the son of Richard Tisdall, who is MP for Dundalk in 1703–1713 and for Louth in 1717–1727, by his wife Marian Boyle, daughter of Richard Boyle, MP, a cousin of the Earl of Cork. His father is also Registrar of the Court of Chancery.
In 1736 he marries Mary Singleton, daughter of the Rev. Rowland Singleton and Elizabeth Graham, and niece and co-heiress of Henry Singleton, Chief Justice of the Irish Common Pleas, a marriage which brings him both wealth and influence. He quickly becomes one of the leaders of the Bar, partly through his legal ability and partly through his marriage into the wealthy and influential Singleton family. He is made a Bencher of the King’s Inns in 1742.
He sits in the Irish House of Commons as MP for Dublin University from 1739 to 1776 and then for the city of Armagh from 1776 until his death. He is elected as member for Armagh in 1768 but chooses to continue sitting for the University.
In 1742 Tisdall is appointed Third Serjeant, then Solicitor-General in 1751 and Attorney-General in 1760. He is also appointed judge of the Prerogative Court of Ireland, an office he holds from 1745 until his death. In 1763 he becomes Principal Secretary of State, and on February 28, 1764, he is appointed to the Privy Council of Ireland. For almost 20 years he is a crucial figure in the Irish Government, which relies on him on to manage the Irish House of Commons, a task which he performs with great skill and tact. Tisdall is almost all-powerful until 1767, when George Townshend, 1st Marquess Townshend, arrives as Lord Lieutenant of Ireland. Townshend has a mandate to restore the direct power of the Crown over Irish affairs and to bypass the Irish managers like Tisdall. To his credit, Townshend recognises that Tisdall’s support is still an asset to the Government and makes great efforts to conciliate him. Townshend lobbies hard for Tisdall to be appointed Lord Chancellor of Ireland, but comes up against the inflexible British reluctance, then and for many years after, to appoint an Irishman to this crucial office. He retains the confidence of successive Lords Lieutenants. In 1777, despite his age and failing health, he is asked to resume his role as Government leader in the House of Commons. He agrees, but dies at Spa, Belgium on September 11 of the same year.
Tisdall is strikingly dark in complexion, hence his nicknames “Black Phil” and “Philip the Moor,” and is described as “grave in manner and sardonic in temper.” Despite his somewhat forbidding appearance, he is a hospitable character, who is noted for entertaining lavishly, even when he is well into his seventies, both at his town house in South Leinster Street, and his country house at Stillorgan. John Scott, 1st Earl of Clonmell, who succeeds him as Attorney General, writes that Tisdall would have lived longer if he had adopted a more sedate lifestyle in his later years.
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