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Tag Archives: Court of Exchequer (Ireland)


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Death of Edward Pennefather, Barrister & Lord Chief Justice of Ireland

Edward Pennefather, PC, KC, Irish barrister, Law Officer and judge of the Victorian era, who holds office as Lord Chief Justice of Ireland, dies on September 6, 1847, in Dunlavin, County Wicklow.

Pennefather is born at Darling Hill, Knockevan, County Tipperary, on October 22, 1773, the second son of William Pennefather of Knockevan, member of the Irish House of Commons for Cashel, and his wife Ellen Moore, daughter of Edward Moore, Archdeacon of Emly. He goes to school in Clonmel and graduates from Trinity College Dublin. He is called to the Irish Bar in 1795. He lives at Rathsallagh House, near Dunlavin, County Wicklow.

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.

Pennefather is made a King’s Counsel by 1816. He is very briefly Attorney-General for Ireland in 1830 and is made Third Serjeant-at-law (Ireland) in the same year. He becomes Second Serjeant and First Serjeant in the two following years. He is Solicitor-General for Ireland in the first Peel ministry in 1835 and again in the second Peel ministry in 1841. In the latter year, he is appointed Lord Chief Justice of the Queen’s Bench for Ireland and holds the position until he resigns on health grounds in 1846.

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.

In January 1806, Pennefather marries Susannah Darby, eldest daughter of John Darby of Leap Castle, County Offaly, and his wife Anne Vaughan, and sister of John Nelson Darby, one of the most influential of the early Plymouth Brethren. They have ten children, including Edward, the eldest son and heir; Richard, Auditor General of Ceylon; Ellen, who marries James Thomas O’Brien, Bishop of Ossory, Ferns and Leighlin, and Dorothea, who marries in 1850, as his second wife, James Stopford, 4th Earl of Courtown, and has three sons. Two of Dora’s sons, General Sir Frederick Stopford, commander at the Landing at Suvla Bay, and Admiral Walter Stopford, become famous.


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Repeal of the Declaratory Act 1719

The Declaratory Act 1719, which had given Great Britain the right to legislate for Ireland and had denied the appellate jurisdiction of the Irish House of Lords, is repealed on June 21, 1782.

An Act for the better securing the dependency of the Kingdom of Ireland on the Crown of Great Britain (long title) is an Act passed by the Parliament of Great Britain which declares that it has the right to pass laws for the Kingdom of Ireland, and that the British House of Lords has appellate jurisdiction for Irish court cases. It becomes known as the Declaratory Act, and opponents in the Irish Patriot Party refer to it as the Sixth of George I, from the regnal year it is passed. Legal and political historians have also called it the Dependency of Ireland on Great Britain Act 1719 or the Irish Parliament Act, 1719. Prompted by a routine Irish lawsuit, it is aimed at resolving the long-running dispute between the British and the Irish House of Lords as to which is the final court of appeal from the Irish Courts. Along with Poynings’ Law, the Declaratory Act becomes a symbol of the subservience of the Parliament of Ireland, and its repeal is long an aim of Irish statesmen, which is finally achieved for Anglican Irish as part of the Constitution of 1782.

In 1709, the Irish Court of Exchequer hears a lawsuit between Maurice Annesley and his cousin Hester Sherlock over which of them have the right to possession of certain lands at Naas, County Kildare. The court finds in Annesley’s favour. Mrs. Sherlock appeals to the Irish House of Lords which upholds her appeal. Annesley then invokes the long-disputed jurisdiction of the British House of Lords to hear appeals from the Irish courts, and that house pronounces in his favour. The Court of Exchequer duly complies with the decree of the British House, but Mrs. Sherlock appeals again to the Irish house, which orders the Barons of the Exchequer to comply with its own decree and, when they refuse, imprison them for contempt of Court. The political uproar is out of all proportion to the importance of the lawsuit itself.

The bill has its second reading in the Commons on March 4, 1719, where it is chiefly opposed on the grounds that it appears to have no purpose beyond increasing the power of the House of Lords. Other objections include an argument that the preamble and the enacting section of the bill are contradictory, and that Ireland has historically had an independent judiciary. It is supported by Joseph Jekyll and Philip Yorke, and carries 140 votes to 83. It is then passed on March 26, 1719.

Section I of the Act notes that the Irish House of Lords had recently “assumed to themselves a Power and Jurisdiction to examine, correct and amend” judgements of the Irish courts, which it holds to be illegal. As such, it declares that the Kingdom of Ireland is subordinate to and dependent upon the British crown, and that the King, with the advice and consent of the Parliament of Great Britain, has “full power and authority to make laws and statutes of sufficient validity to bind the Kingdom and people of Ireland.” Section II declares that the House of Lords of Ireland has no jurisdiction to judge, affirm or reverse any judgement, sentence or decree made in any court within the Kingdom of Ireland, and that all proceedings before the House upon any such matter are declared to be null and void to all intents and purposes whatsoever.

The Irish House of Lords is understandably infuriated by the curtailment of its powers, and the Barons of the Exchequer, though they are soon released from custody, are subject to intense vilification. While many people think that the Irish House of Lords had brought about the crisis by its own high-handed behaviour, the “Sixth of George I” remains a source of grievance for decades.

The Declaratory Act 1719 provides a model for the American Colonies Act 1766, which is also known as the “Declaratory Act” and is a similar source of grievance in the Thirteen Colonies. The British defeat in the subsequent American Revolutionary War prompts a more conciliatory tone towards Ireland, and the Declaratory Act 1719 is repealed in its entirety when the Repeal of Act for Securing Dependence of Ireland Act 1782 receives royal assent on June 21, 1782.


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Birth of T. W. Rolleston, Poet, Critic & Journalist

Thomas William Hazen Rolleston, poet, critic, and journalist, is born on May 1, 1857, at Glasshouse, near Shinrone, King’s County (now County Offaly).

Rolleston is the youngest child among three sons and a daughter of Charles Rolleston-Spunner, barrister and county court judge for Tipperary, and his wife Elizabeth, daughter of John Richards, judge and baron of the Court of Exchequer, Ireland. He attends St. Columba’s College, Rathfarnham, where he is head boy, and Trinity College Dublin (TCD), graduating with an MA in 1878. His literary ambitions first emerge at university, where he wins the vice-chancellor’s prize for English verse in 1876.

In 1879 Rolleston marries Edith Caroline, daughter of Rev. William de Burgh of Naas, County Kildare. She suffers from rheumatism, and this encourages the couple to live in Germany from 1879 to 1883. During this period, he develops a fascination for German philosophy and literature and begins a correspondence with the American poet Walt Whitman, whose work he knows through Edward Dowden. In 1881 he offers to translate into German, with S. K. Knortz, Whitman’s Leaves of Grass. This is published as Grashalme in 1889. In that year he also publishes a biography of the German philosopher Gotthold Lessing, and in 1892 delivers the Taylorian Lectures at the University of Oxford on this subject.

In the meantime, Rolleston has returned to Ireland and co-founds the Dublin University Review (DUR) with Charles Hubert Oldham in February 1885. In March 1885, under their stewardship the DUR is the first to publish W. B. Yeats. The poetry of Katharine Tynan and the first English translations of Ivan Turgenev also appear in the magazine. He has a fondness for clubs and at this time is associated with the Contemporary Club, where he becomes friendly with fellow member Douglas Hyde, and the Young Ireland Society, where he is vice-president and a disciple of John O’Leary. He writes the dedication to O’Leary in Poems and ballads of Young Ireland (1888) and is encouraged by the older man in his editing of The prose writing of Thomas Davis (1890). Under O’Leary’s influence he flirts with Fenianism, perhaps even joining the Irish Republican Brotherhood (IRB) for a time and is strongly critical of the prominent involvement of Catholic clergy in the home rule movement.

After the demise of the DUR in December 1886 Rolleston moves to London but remains involved in Irish literary activity. Although unenthusiastic in his assessment of The Wanderings of Oisín (1889), he is friendly with Yeats, and they instigate the Rhymers’ Club (1890). He is a much better critic and organiser than poet but contributes to The Book of the Rhymers’ Club (1892) and The Second Book of the Rhymers’ Club (1894). His work appears in a number of contemporary journals and anthologies, and he has one collection published, Sea Spray (1909).

Rolleston is first secretary of the Irish Literary Society (1892) and attends the foundation of its sister organisation in Dublin, the National Literary Society. These societies are soon riven by a dispute for control between Yeats and Charles Gavan Duffy, centred on the political and literary agenda of the movement. Rolleston at least acquiesces in, if not actively contributes to, Yeats’s defeat. They remain on reasonable terms, but Yeats is resentful. Rolleston edits the famous anthology, Treasury of Irish Poetry (1900), with the Rev. Stopford Augustus Brooke, whose daughter, Maud, he had married in October 1897. They have four children. His first marriage also produces four children, and he is godfather to Robert Graves, whose father, Alfred Perceval Graves, is a friend.

In 1894 Rolleston returns to Dublin, becoming managing director and secretary of the Irish Industries Association (1894–7) and honorary secretary of the Arts and Crafts Society of Ireland (1898–1908). A central figure in the latter as an organiser, propagandist, and critic rather than a practitioner, lecturing regularly and editing the journal of the society, he seeks to integrate the arts and crafts revival with other contemporary developments, cooperating with the Congested Districts Board for Ireland to organise classes. He is a supporter of the co-operative movement of Horace Plunkett, and a member of the Recess Committee. On the foundation of the Department of Agriculture and Technical Instruction (DATI), he is employed by Plunkett and T. P. Gill as organiser of lectures (1900–05). In this capacity he manages the Irish historic collection at the St. Louis exhibition of 1904 and publicly supports Plunkett in his dispute with the DATI in 1908. Convinced that the development of Irish industry is central to national progress, he believes that the Irish Parliamentary Party (IPP) failed to offer a clear practical programme for Irish nationalism. By 1900, however, his own nationalism is tempered by a belief in the importance of the imperial connection, and he opposes the pro-Boer stance taken by many Irish nationalists. In later years he publishes pamphlets urging economic development as a means of quelling Irish demands for home rule.

Rolleston is a sporadic member of the Gaelic League, writing the lyrics for the ‘Deirdre cantata,’ which wins first prize at the first Feis Ceoil in Dublin in 1897. At one point he suggests the foundation of a separate Gaelic League for Protestants and provokes controversy in 1896 by suggesting that scientific ideas cannot be represented in the Irish language. Later, he concedes that he is wrong. In 1909 he settles in London when offered the job of editor of the German language and literature section of The Times Literary Supplement, a position he holds until his death. He reinvolves himself in the Irish Literary Society and publishes a number of volumes based on Irish myth, including the influential Myths and Legends of the Celtic Race (1911), and Richard Wagner‘s Der Ring des Nibelungen. He is a founder of the India Society of London (1910). During the World War I he is librarian for the ministry of information and utilises his knowledge of Irish in the Obscure Languages section of the censor’s department.

Like many involved in cultural activities at this time Rolleston is satirised by George Moore in Hail and Farewell, but he remains very friendly with Moore, who dedicates the 1920 edition of Esther Waters to him. Rolleston dies suddenly on December 5, 1920, at his home in Hampstead, London. His widow donates many of his books to Cork Public Library.

(From: “Rolleston, Thomas William Hazen (T. W.)” contributed by William Murphy, Dictionary of Irish Biography, http://www.dib.ie)