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


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Death of Rory Maguire, Politician & Soldier

Colonel Rory Maguire, Irish politician and soldier, is killed while leading an attack on a fortress at Jamestown, County Leitrim, on November 13, 1648. He is a leading instigator of the Irish Rebellion of 1641 and subsequently participates in the Irish Confederate Wars as a senior Confederate commander.

Maguire is the second son of Bryan Maguire, 1st Baron of Enniskillen and Rose, daughter of Art MacBaron O’Neill. In 1639, he is elected as the Member of Parliament for County Fermanagh in the Irish House of Commons. He receives a commission in Charles I of England‘s Irish army in 1640. In May 1640, he marries Deborah, widow of Sir Leonard Blennerhassett and daughter of Sir Henry Mervyn. Their son is the Jacobite politician, Roger Maguire, who later claims the title Baron Maguire. Through his marriage to Deborah, Maguire becomes the owner of Crevenish Castle.

Alongside his older brother, Connor Maguire, Maguire is a prime mover in the conspiracy which leads to the outbreak of rebellion in Ireland on October 23, 1641. He is tasked with securing County Fermanagh for the rebels, but is only partially successful, with several key fortresses in the county, including Enniskillen Castle, remaining under Protestant settler control. His attempt to murder Sir William Cole immediately prior to the rising fails, but the landowner Arthur Champion is killed in one of the first actions of the rebellion. In November 1641, he joins Felim O’Neill of Kinard at Newry to issue a proclamation in which the rebels claim they are acting in defence of King Charles and Catholicism. In December 1641, the Fermanagh army under Maguire slaughters many of the garrison and refugees in Tully Castle, apparently in retaliation for the killing of the garrison of a Maguire castle which had been taken by assault some days previously. He also destroys Castle Archdale and its neighbouring settler village, and kills eight Protestant settlers at Monea Castle. In early 1642, he is expelled from the Irish Parliament and in the summer of the same year he is made a colonel in Owen Roe O’Neill‘s army in Ulster.

Maguire is appointed Governor of Fermanagh by the authorities of the newly established Confederate Ireland. He commands the rebel reserve in the Battle of Benburb in June 1646. He leads raids into Protestant-held areas in east Ulster, before joining O’Neill in his campaigns in Leinster in the autumn of 1646. Later that year, he raids lands in Connacht controlled by the Royalist commander, Ulick Burke, 1st Marquess of Clanricarde. In August 1647, O’Neill and Maguire move the army to Leinster, where Maguire quarrels so vigorously with O’Neill over the payment of troops that the general orders his arrest and court-martials him. After the court-martial, Maguire and his supporters, about five or six regiments, draw up their forces and threaten to desert. The mutiny soon dissipates and Maguire remains allied to O’Neill.

In 1648, Maguire joins O’Neill in opposing the truce between the Confederates and Royalists. He plays a prominent role in the skirmishes and evasive manoeuvrings that occur between the two sides in central Ireland. In the winter of 1648, Maguire withdraws north and on November 13 he is killed while leading an attack on a fortress near Jamestown, County Leitrim.


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Death of William FitzGerald, 2nd Duke of Leinster

William Robert FitzGerald, 2nd Duke of LeinsterKPPC (Ire), an Irish liberal politician and landowner, dies at Carton House in Maynooth, County Kildare, on October 20, 1804.

FitzGerald is born on March 13, 1749, in Arlington Place, Piccadilly, London, the second son of nine sons and ten daughters of James Fitzgerald, 20th Earl of Kildare and later 1st Duke of Leinster, and his wife, Lady Emily Lennox. He is educated at Eton College (1758–63). He is the elder brother of the 1790s revolutionary Lord Edward FitzGerald, and is a first cousin of the English liberal politician Charles James Fox.

FitzGerald makes his Grand Tour between 1768 and 1769. During the same time, he is also a Member of Parliament (MP) for Kildare Borough. He then sits in the Irish House of Commons for Dublin City until 1773, when he inherits his father’s title and estates. He is appointed High Sheriff of Kildare for 1772. Politically he is a liberal supporter of Henry Grattan‘s Irish Patriot Party and he co-founds the Irish Whig Club in 1789. He controls about six Kildare members of the Irish House of Commons. In 1779, he is elected colonel of the Dublin Regiment of the Irish Volunteers.

In November 1775, FitzGerald marries Emilia Olivia Usher, daughter of the 1st Baron Saint George and Elizabeth Dominick and sole grand daughter of Sir Christopher Dominick. They have three sons and six daughters.

In 1770, FitzGerald is chosen Grandmaster of the masonic Grand Lodge of Ireland, a post he holds for two years. He is re-elected for another year in 1777. In 1783, he is among the first knights in the newly created Order of St. Patrick.

In 1788–89, FitzGerald is Master of the Rolls in Ireland. In theory a senior judicial office, it is then largely a sinecure, but so blatant a choice of a man who is wholly unqualified for it gives rise to unfavourable comment, and a few years later it becomes the rule that the Master must be a lawyer of repute.

FitzGerald is a supporter of Catholic emancipation and helps to found the Royal College of St. Patrick at Maynooth on land he donates, in 1795. Withdrawing from Parliament with Grattan in 1797, he moves to England to be with his sick wife and remains there during the Irish Rebellion of 1798.

FitzGerald’s homes are at Carton and Kilkea Castle in County Kildare, and at Leinster House in Dublin (now the home of the Oireachtas). He is a founder member of the Order of St. Patrick in 1783 and of the Royal Irish Academy in 1785, and is a large investor in the Royal Canal company launched in 1790. His family’s estates of 60,000 acres (25,000 Ha) in Kildare are in three main parts, around Maynooth, Rathangan and Athy. He rebuilds the main bridge in Athy over the River Barrow.

FitzGerald dies of strangury, a urinary tract disorder, at Carton House on October 20, 1804. He is buried in Kildare Abbey. His funeral is so well attended that the mourners reach across The Curragh. He is succeeded by his second, but eldest surviving, son, Augustus Frederick Fitzgerald, as 3rd Duke of Leinster.


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Birth of Lord Henry FitzGerald, Diplomat & Soldier

Lord Henry FitzGeraldPC (Ire), diplomat, soldier, and younger brother of revolutionary Lord Edward FitzGerald, is born on July 30, 1761. He is the fourth son among nine sons and ten daughters of James FitzGerald, 1st Duke of Leinster, and Emily FitzGerald, Duchess of Leinster (née Lady Emily Lennox).

FitzGerald joins the British Army and becomes a lieutenant in the 66th (Berkshire) Regiment of Foot in 1788, transferring as a captain in 1779 to the newly raised 85th Regiment of Foot (Westminster Volunteers), which is posted to garrison duty in Jamaica for the duration of the American Revolutionary War. He is there promoted to major in 1781 and lieutenant colonel in 1783, taking over command of the regiment from General Charles Stanhope, 3rd Earl of Harrington. After the 85th is disbanded in 1783 he becomes a captain and lieutenant colonel in the 2nd Foot Guards in 1789 and retires from active service in 1792.

FitzGerald is a Member of Parliament (MP) for Kildare Borough between 1783 and 1790 and represents Athy between 1790 and 1791. From 1790 to 1798, he sits in the Irish House of Commons for Dublin City. On July 8, 1806, he is appointed to the Privy Council of Ireland, and from 1807 until 1814, he serves in the Parliament of the United Kingdom for Kildare. He also holds the position of one of the joint Postmasters General of Ireland from April 1806 until May 1807.

FitzGerald is a member of the Kildare Street Club in Dublin. He dies at Boyle FarmThames Ditton, Surrey, England, on July 9, 1829. He is buried at St. Mary’s Paddington Green Churchyard, PaddingtonCity of WestminsterGreater London, England

FitzGerald marries Charlotte Boyle Walsingham in London on August 3, 1791. Together they live at Boyle Farm, Thames Ditton. In 1806, his wife succeeds to the Baron de Ros, the premier baron in the Peerage of England, as 20th Baroness de Ros. The family then takes the surname FitzGerald-de Ros. The couple has 13 children in 21 years, of which nine survive to adulthood.


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Death of John Bowes, 1st Baron Bowes

John Bowes, 1st Baron BowesPC (I), Anglo-Irish peer, politician and judge, dies in Dublin on July 22, 1767. He is noted for his great legal ability, but also for his implacable hostility to Roman Catholics.

Bowes is born in London, the second son of Thomas Bowes, a merchant and member of the Worshipful Company of Turners, and his wife, a Miss North, and is called to the Bar in 1712. He comes to Ireland as a member of the staff of Richard West, the Lord Chancellor of Ireland, in 1723. He builds up a large practice at the Irish Bar and is appointed Solicitor-General for Ireland in 1730, and Attorney-General for Ireland in 1739. He is raised to the Bench as Lord Chief Baron of the Irish Exchequer in 1741, having previously failed to become third Baron (which is a surprisingly lucrative office, as the Baron receives several extra fees). He is appointed Lord Chancellor of Ireland by King George II in 1757, despite the chronic ill-health which afflicts him. In his last years, his legs are so swollen that he can scarcely walk.

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.

Between 1731 and 1742, Bowes represents Taghmon in the Irish House of Commons.

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 is raised to the peerage of Ireland in 1758 as Baron Bowes, of Clonlyon in the County of Meath.

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 BinfieldBerkshire.


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The Union with Ireland Act 1800 Receives Royal Assent

The Union with Ireland Act 1800, which is one of the two complimentary Acts of Union 1800, receives royal assent on July 2, 1800, uniting the Kingdom of Great Britain and the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland. The act means Ireland loses its own independent Parliament and is now to be ruled from England. It will be 1922 before Ireland regains legislative independence.

Two acts are passed in 1800 with the same long titleAn Act for the Union of Great Britain and Ireland. The short title of the act of the British Parliament is Union with Ireland Act 1800, assigned by the Short Titles Act 1896. The short title of the act of the Irish Parliament is Act of Union (Ireland) 1800, assigned by a 1951 act of the Parliament of Northern Ireland, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.

Before these acts, Ireland has been in personal union with England since 1542, when the Irish Parliament passes the Crown of Ireland Act 1542, proclaiming King Henry VIII of England to be King of Ireland. Since the 12th century, the King of England has been technical overlord of the Lordship of Ireland, a papal possession. Both the Kingdoms of Ireland and England later come into personal union with that of Scotland upon the Union of the Crowns in 1603.

In 1707, the Kingdom of England and the Kingdom of Scotland are united into a single kingdom: the Kingdom of Great Britain. Upon that union, each House of the Parliament of Ireland passes a congratulatory address to Queen Anne, praying her: “May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union.” The Irish Parliament is both before then subject to certain restrictions that made it subordinate to the Parliament of England and after then, to the Parliament of Great Britain; however, Ireland gains effective legislative independence from Great Britain through the Constitution of 1782.

By this time access to institutional power in Ireland is restricted to a small minority: the Anglo-Irish of the Protestant Ascendancy. Frustration at the lack of reform among the Catholic majority eventually leads, along with other reasons, to a rebellion in 1798, involving a French invasion of Ireland and the seeking of complete independence from Great Britain. This rebellion is crushed with much bloodshed, and the motion for union is motivated at least in part by the belief that the union will alleviate the political rancour that led to the rebellion. The rebellion is felt to have been exacerbated as much by brutally reactionary loyalists as by United Irishmen (anti-unionists).

Furthermore, Catholic emancipation is being discussed in Great Britain, and fears that a newly enfranchised Catholic majority will drastically change the character of the Irish government and parliament also contributes to a desire from London to merge the Parliaments.

According to historian James Stafford, an Enlightenment critique of Empire in Ireland lays the intellectual foundations for the Acts of Union. He writes that Enlightenment thinkers connected “the exclusion of the Irish Kingdom from free participation in imperial and European trade with the exclusion of its Catholic subjects, under the terms of the ‘Penal Laws’, from the benefits of property and political representation.” These critiques are used to justify a parliamentary union between Britain and Ireland.

Complementary acts are enacted by the Parliament of Great Britain and the Parliament of Ireland.

The Parliament of Ireland gains a large measure of legislative independence under the Constitution of 1782. Many members of the Irish Parliament jealously guard that autonomy (notably Henry Grattan), and a motion for union is legally rejected in 1799. Only Anglicans are permitted to become members of the Parliament of Ireland though the great majority of the Irish population are Roman Catholic, with many Presbyterians in Ulster. Under the Roman Catholic Relief Act 1793, Roman Catholics regain the right to vote if they own or rent property worth £2 annually. Wealthy Catholics are strongly in favour of union in the hope for rapid religious emancipation and the right to sit as MPs, which only comes to pass under the Roman Catholic Relief Act 1829.

From the perspective of Great Britain’s elites, the union is desirable because of the uncertainty that follows the French Revolution of 1789 and the Irish Rebellion of 1798. If Ireland adopts Catholic emancipation willingly or not, a Roman Catholic Parliament could break away from Britain and ally with the French, but the same measure within the United Kingdom would exclude that possibility. Also, in creating a regency during King George III‘s “madness”, the Irish and British Parliaments give the Prince Regent different powers. These considerations lead Great Britain to decide to attempt the merger of both kingdoms and Parliaments.

The final passage of the Act in the Irish House of Commons turns on an about 16% relative majority, garnering 58% of the votes, and similar in the Irish House of Lords, in part per contemporary accounts through bribery with the awarding of peerages and honours to critics to get votes. The first attempt is defeated in the Irish House of Commons by 109 votes to 104, but the second vote in 1800 passes by 158 to 115.


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Death of Isaac Corry, Lawyer & Member of Parliament

Isaac Corry FRS, PC (I), PC, an Irish and British Member of Parliament and lawyer, dies in Merrion Square, Dublin, on May 15, 1813, his 60th birthday.

Corry is born on May 15, 1753, in Newry, County Down, the son of Edward Corry, sometime Member of Parliament, and Catharine Bristow. His cousin is the writer Catherine Dorothea Burdett. He is educated at The Royal School, Armagh, where his contemporaries include Robert Stewart, Viscount Castlereagh, and later at Trinity College, Dublin, from which he graduates in 1773. On October 18, 1771, he is admitted to the Middle Temple and called to the bar at King’s Inns in 1779.

Corry succeeds his father as Member of Parliament for Newry in 1776, sitting in the Irish House of Commons until the Acts of Union 1800. From 1782 to 1789 he serves as equerry to Prince Henry, Duke of Cumberland, being described in 1794 by Rt. Hon. Sylvester Douglas as “a well-bred man…He has no brogue…He once acted as a sort of groom of the bedchamber to the late Duke of Cumberland.” In 1798, he is also elected for Randalstown, but chooses not to sit and, in 1802, he is returned to the British House of Commons for Newry. He serves as a Whig at Westminster until 1806. It is written in 1783 that he would expect to enter high office, given that “he lives expensively and does not pursue his profession, which is the law.” In 1788 he becomes Clerk of the Irish Board of Ordnance. The following year he is appointed a commissioner of the revenue. Finally in 1799 he is appointed Chancellor of the Exchequer of Ireland and a Lord High Treasurer of Ireland in place of Sir John Parnell, who quarreled violently with William Pitt the Younger over the projected union, which he categorically refuses to support. In 1795 he becomes a Privy Councillor.

In 1802 Corry is dismissed from the Exchequer and replaced by John Foster (later Lord Oriel), he is awarded, however, £2,000 p.a. in compensation. In 1806 the changes in ownership of the Newry estates alters his position. The lands pass to a senior line of the Needham family and they support General Francis Needham, 1st Earl of Kilmorey, at the general election. Corry does not have the funds needed, in excess of £5000, to purchase a seat elsewhere. However, Lady Downshire is inclined to support the Grenville ministry and comes to a formal agreement with Corry to give him £1000 towards his expenses should he be successful in Newry, and, if not, to bring him in for another borough. He fails against the Needham interest in Newry, but a seat at Newport, Isle of Wight, is purchased for him, with £4000 from Lady Downshire, and he is appointed to the Board of Trade. Six months later Grenville’s ministry has fallen and there is another general election. Corry stands, again unsuccessfully, for Newry.

Corry is unmarried but has a long-term relationship with Jane Symms. They have three sons and three daughters. His daughter Ann marries Lt. Col. Henry Westenra, the brother of Robert Cuninghame, 1st Baron Rossmore. His residence in Newry is the Abbey Yard, now a school, and Derrymore House, Bessbrook, County Armagh, which he had inherited from his father and sold in 1810. It is now the property of the National Trust. During his life, a road is constructed from near the main entrance of Derrymore House around Newry and links up with the Dublin Road on the southern side of the town primarily for his use. This road subsequently becomes known as “The Chancellor’s Road,” as a result of his term as the Irish Chancellor of the Exchequer. A local legend has it that the road is constructed after an incident in which Corry’s stagecoach is stoned while passing through Newry by people angry at an unpopular window tax he had introduced. The road has retained this name, but it is cut in half by the Newry by-pass in the mid-1990s, however, as a result of works associated with the new A1 dual carriageway, the two-halves of the road are now reconnected.

Corry dies at his house in Merrion Square, Dublin, on May 15, 1813, his 60th birthday. He is buried in St. Patrick’s Cathedral, Dublin.


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The Popery Act 1704 Receives Royal Assent

An Act to prevent the further Growth of Popery, commonly known as the Popery Act or the Gavelkind Act, is an act of the Parliament of Ireland that receives royal assent on March 4, 1704. It is designed to suppress Roman Catholicism in Ireland (“Popery“). William Edward Hartpole Lecky calls it the most notorious of the Irish Penal Laws.

Inheritance in traditional Irish law uses gavelkind, whereby an estate is divided equally among a dead man’s sons. In contrast, English common law uses male primogeniture, with the eldest son receiving the entire estate. The 1704 act enforces gavelkind for Catholics and primogeniture for Protestants.

Two separate bills “to prevent the further Growth of Popery” are introduced in the parliamentary session of 1703–04. One originates with the Privy Council of Ireland and is referred on July 4, 1703, to the Attorney-General for Ireland. The other is introduced as heads of a bill in the Irish House of Commons on September 28, 1703, and is sent to the Lord Lieutenant of Ireland on November 19. Under Poynings’ Law, both bills are transmitted to the Privy Council of England for approval. Formally, one bill is vetoed, and the other is returned to Dublin with amendments. A lack of surviving documentation makes it impossible to determine which of the two has which fate. The approved bill is engrossed on January 20, 1704, presented in the Commons on February 14, sent to the Irish House of Lords on February 25, and given royal assent on March 4.

Sir Theobald “Toby” Butler, the former Solicitor-General for Ireland, a Roman Catholic, makes a celebrated speech at the bar of the Commons denouncing the act as being “against the laws of God and man… against the rules of reason and justice.” Other eminent Catholic lawyers like Stephen Rice also denounce the measure but to no avail.

Charles Ivar McGrath says that while the Popery Act has “evident … negative effects,” specific research is lacking, and that it is intended more to prevent an increase in Catholic landholding than encourage further decrease. The Catholic share of land had already fallen from 60% before the Irish Rebellion of 1641 to 22% before the Williamite War in Ireland to 14% in 1704. The figure of 5% in 1776 given in Arthur Young‘s Tour in Ireland is probably an underestimate, although in 1778 only 1.5% of rent is paid to Catholics.

Catholic gavelkind cements a tradition of farm subdivision, which persists beyond the act’s repeal and contributes to the Great Famine of the 1840s.

The act is “explained and amended” by a 1709 act, 8 Anne c. 3 (I), which specifies certain time limits left ambiguous by the original act, and closes some loopholes used by Catholics to remain beneficial owners of nominally Protestant property.

A 1719 act, 6 Geo. 1. c. 9 (I), indemnifies officials who have not hitherto subscribed to the oath required by the Popery Act. The time period for Dissenters subscribing to the oath is routinely extended, initially by an Indemnity Act at the start of each biennial parliamentary session. Similar acts are passed by the British parliament, and after the union the UK parliament continues the practice.

From the late 18th century Roman Catholic relief bills ease the Penal Laws, by explicit or implicit repeal and replacement. In 1772, Catholics are allowed to lease up to fifty Irish acres of bog-land for up to 61 years. The 1704 oath of allegiance for Catholics is replaced in 1774. Gardiner’s Act, the Leases for Lives Act 1777, implicitly repeals many other provisions of the 1704 act. Some are replaced with less onerous restrictions. The sacramental test is repealed for Dissenters in 1780. The Roman Catholic Relief Act 1782 repeals section 23 of the 1704 act. Another act of 1782 allows lay Catholics to be guardians of Protestants. Most restrictions on intermarriage are removed by the Roman Catholic Relief Act 1792. Many Penal Laws are repealed in general terms by the Roman Catholic Relief Act 1793. The sacramental test for Catholics is effectively replaced by the 1774 oath.

The Roman Catholic Relief Act 1829 abolishes the declaration against transubstantiation and specifies a new public oath for Catholics, explicitly permitting Catholics to hold Irish civil or military offices other than Lord Lieutenant and Lord Chancellor of Ireland, with the same oaths as required of non-Catholics (in addition to the new Catholic oath).

The Criminal Law Commission‘s 1845 report on oaths says sections 1, 3, and 6 of the 1704 act have fallen into disuse and should be repealed. The Religious Disabilities Act 1846, passed in consequence of the committee’s report, explicitly repeals provisions of sections 1, 3, and 4 of the 1704 act.

The Popery Act is explicitly repealed as obsolete by the Promissory Oaths Act 1871, with the exception of section 25, which is made redundant by the coming into force in 1871 of the Irish Church Act 1869 and is repealed by the Statute Law Revision (Ireland) Act 1878.


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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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Birth of John FitzGibbon, 1st Earl of Clare, Lord Chancellor of Ireland

John FitzGibbon, 1st Earl of Clare PC (Ire), Attorney-General for Ireland from 1783 to 1789 and Lord Chancellor of Ireland from 1789 to 1802, is born near Donnybrook, Dublin, on August 23, 1749. He remains a deeply controversial figure in Irish history, being described variously as an old-fashioned anti-Catholic Whig political party hardliner and an early advocate of the Act of Union between Ireland and Great Britain (which finally happens in 1801, shortly before his death).

FitzGibbon is the son of John FitzGibbon of Ballysheedy, County Limerick, and his wife Isabella Grove, daughter of John Grove, of Ballyhimmock, County Cork. His father is born a Catholic but converts to the state religion in order to become a lawyer and amasses a large fortune. He has three sisters, Arabella, Elizabeth, and Eleanor. He is educated at Trinity College Dublin (TCD) and Christ Church, Oxford. He enters the Irish House of Commons in 1778 as Member for Dublin University, and holds this seat until 1783, when he is appointed Attorney General. From the same year, he represents Kilmallock until 1790. He is appointed High Sheriff of County Limerick for 1782.

When appointed Lord Chancellor of Ireland in 1789, FitzGibbon is granted his first peerage as Baron FitzGibbon, of Lower Connello in the County of Limerick, in the Peerage of Ireland that year. This does not entitle him to a seat in the British House of Lords, only in the Irish House of Lords. His later promotions come mostly in the Peerage of Ireland, being advanced to a Viscountcy in 1793 and the Earldom of Clare in 1795. He finally achieves a seat in the British House of Lords in 1799 when created Baron FitzGibbon, of Sidbury in the County of Devon, in the Peerage of Great Britain.

As Lord Chancellor for Ireland, FitzGibbon is a renowned champion of the Protestant Ascendancy and an opponent of Catholic emancipation. He despises the Parliament of Ireland‘s popular independent Constitution of 1782. He is also personally and politically opposed to the Irish politician Henry Grattan who urges a moderate course in the Irish Parliament and is responsible for defeating Grattan’s efforts to reform the Irish land tithe system under which Irish Catholic farmers (and all non-Anglican farmers) are forced to financially support the minority Anglican Church of Ireland. These are not fully repealed until 1869 when the Church of Ireland is finally disestablished, although Irish tithes are commuted after the Tithe War (1831–1836).

FitzGibbon opposes the Irish Roman Catholic Relief Act 1793 personally but apparently recommends its acceptance in the House of Lords, being forced out of necessity when that Act had been recommended to the Irish Executive by the British Cabinet led by William Pitt the Younger. Pitt expects Ireland to follow the British Roman Catholic Relief Act 1791 and allow Catholics to vote again and hold public offices. At the same time, FitzGibbon apparently denounces the policy this Act embodies, so it is probably safe to say that FitzGibbon’s own beliefs and principles conflict with his obligations as a member of the Irish executive of the time.

FitzGibbon’s role in the recall, soon after his arrival, of the popular pro-Emancipation Lord Lieutenant of Ireland, William Fitzwilliam, 4th Earl of Fitzwilliam, is debatable. Although he is probably politically opposed to the Lord Lieutenant of Ireland, Fitzwilliam is apparently recalled, because of his own independent actions. Fitzwilliam is known to be friendly to the Ponsonby family and is generally a Foxite liberal Whig. His close association with and patronage of Irish Whigs led by Grattan and Ponsonby during his short tenure, along with his alleged support of an immediate effort to secure Catholic emancipation in a manner not authorized by the British cabinet is likely what leads to his recall. Thus, if anyone is to blame in the short-lived “Fitzwilliam episode” it is Henry Grattan and the Ponsonby brothers – presumably William Ponsonby, later Lord Imokilly, and his brother George Ponsonby — not to mention Lord Fitzwilliam himself. Irish Catholics at the time and later naturally see things very differently and blame hardline Protestants such as FitzGibbon.

Irish Catholics and FitzGibbon apparently agree on one point – Irish political and economic union with Great Britain, which eventually takes place in 1801. Pitt wants Union with Ireland concomitantly with Catholic emancipation, commutation of tithes, and the endowment of the Irish Catholic priesthood. Union is opposed by most hardline Irish Protestants, as well as liberals such as Grattan. FitzGibbon is a strong supporter of the Union since 1793 but refuses to have Catholic emancipation with the Union.

In the end, FitzGibbon’s views wins out, leading to the Union of Ireland with Great Britain to form the United Kingdom of Great Britain and Ireland without any concessions for Ireland’s Catholic majority, or for that matter, Catholics in the rest of the new United Kingdom. He later claims that he has been duped by the way in which the Act is passed and is bitterly opposed to any concessions during the short remainder of his life.

FitzGibbon’s role as Lord Chancellor of Ireland during the period of the 1798 rebellion is questionable. According to some, he supports a hardline policy which uses torture, murder and massacre to crush the rebellion, or that as Lord Chancellor, he has considerable influence on military affairs, and that martial law cannot be imposed without his consent. Others allege that as Lord Chancellor, he has no say in military affairs. His former side is displayed by sparing the lives of the captured United Irish leaders in return for their confession of complicity and provision of information relating to the planning of the rebellion. However, this willingness of the prisoners to partake of the agreement is spurred by the execution of the Sheares brothers on July 14, 1798.

In contrast to the leniency shown to the largely upper-class leadership, the full weight of military repression is inflicted upon the common people throughout the years 1797–98 with untold thousands suffering imprisonment, torture, transportation and death. Fitzgibbon ss inclined to show no mercy to unrepentant rebels and in October 1798 he expressed his disgust upon the capture of Wolfe Tone that he had been granted a trial and his belief that Tone should have been hanged as soon as he set foot on land.

FitzGibbon is quick to recognise that sectarianism is a useful ally to divide the rebels and prevent the United Irishmen from achieving their goal of uniting Protestant, Catholic and Dissenter, writing in June 1798, “In the North nothing will keep the rebels quiet but the conviction that where treason has broken out the rebellion is merely popish.”

FitzGibbon is noted by some as a good, improving landlord to both his Protestant and Catholic tenants. Some claim that the tenants of his Mountshannon estate call him “Black Jack” FitzGibbon. However, there is no evidence to support this claim, although there is little to no evidence on his dealings as a landlord. Irish nationalists and others point out that while he might have been interested in the welfare of his own tenants on his own estate, he treats other Irish Catholics very differently. Without further evidence, his role as a Protestant landowner in mainly Catholic Ireland is of little importance against his known dealings as Lord Chancellor.

FitzGibbon dies at his home, 6 Ely Place near St. Stephen’s Green, Dublin, on January 28, 1802, and is buried in the churchyard at St. Peter’s Church, Aungier Street, Dublin. A hero to Protestant hardliners, but despised by the majority Catholic population, his funeral cortege is the cause of a riot and there is a widespread story that a number of dead cats are thrown at his coffin as it departs Ely Place.

(Pictured: “Portrait of John FitzGibbon, 1st Earl of Clare,” painting by Gilbert Stuart, 1789)


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Birth of Richard Colley Wellesley, 1st Marquess Wellesley

Richard Colley Wellesley, 1st Marquess Wellesley, Anglo-Irish politician and colonial administrator, is born on June 20, 1760, at Dangan Castle, County Meath. He, as governor of Madras (now Chennai) and governor-general of Bengal (both 1797–1805), greatly enlarges the British Empire in India and, as Lord Lieutenant of Ireland (1821–28, 1833–34), attempts to reconcile Protestants and Roman Catholics in a bitterly divided country. Throughout his life he displays an ever-increasing jealousy of his younger brother Arthur Wellesley, 1st Duke of Wellington, despite his own achievements.

Born Richard Colley Wesley, he is the eldest son of Garret Wesley, 1st Earl of Mornington (he changes the family surname to Wellesley in 1789). He is educated at the Royal School, Armagh, Harrow School, Eton College, and Christ Church, Oxford, although he leaves the latter in 1781, following his father’s death, before completing his degree. He enters the Irish House of Commons in 1780 and, after he inherits his father’s Irish titles in 1781, moves to the Irish House of Lords. A moderately liberal disciple of Prime Minister William Pitt the Younger, he wins a seat in the British House of Commons in 1784 and serves there until 1797. From 1793 he is a member of the British Privy Council and a commissioner of the India Board of Control.

As Governor-General of India, Wellesley uses military force and diplomacy to strengthen and expand British authority. East India Company forces defeat and kill Tipu Sultan, Indian Muslim ruler of the Kingdom of Mysore (present-day Mysuru) and sympathizer for Revolutionary France, in the Fourth Anglo-Mysore War (1799), and he then restores the Hindu dynasty there that had been deposed by Tipu’s father, Hyder Ali. He annexes much territory after his brother Arthur and General Gerard Lake defeat the Maratha Confederacy of states in the Deccan Plateau (peninsular India). In addition, he forces the Oudh State to surrender numerous important cities to the British, and he contracts with other states a series of “subsidiary alliances” by which all parties recognize British preponderance. He receives a barony in the British peerage in 1797 at the time of his appointment as governor-general, and in 1799 he is awarded a marquessate in the Irish peerage for his victory in the Mysore War.

When Wellesley is faced with an invasion by Zaman Shah Durrani, ruler (1793–1800) of Kabul (Afghanistan), he utilizes his envoy, Captain John Malcolm, to induce Fatḥ-Alī Shah Qajar of Qajar Iran to restrain Zaman Shah Durrani and to give British political and commercial interests preference over the French. On receiving a British government order to restore to France its former possessions in India, he refuses to comply. His policy is vindicated when the Treaty of Amiens (1802) is violated, and Great Britain resumes war against Napoleonic France.

Wellesley’s annexations and the vast military expenditure that he had authorized alarms the court of directors of the East India Company. In 1805, he is recalled, and soon afterward he is threatened with impeachment, although two years later he refuses an offer of the foreign secretaryship. In 1809, he goes to Spain to make diplomatic arrangements for the Peninsular War against France and later that year becomes foreign secretary under Prime Minister Spencer Perceval. In that office he antagonizes his colleagues, who consider him an indolent megalomaniac and welcome his resignation in February 1812. Unlike most of them, however, he had urged a stronger war effort in Spain and had advocated political rights for British Roman Catholics. After Perceval’s assassination on May 11, 1812, he attempts unsuccessfully to form a government at the request of the prince regent (the future King George IV).

As Lord Lieutenant of Ireland, Wellesley disappoints the anti-Catholic George IV, and he is about to be removed when his brother, Arthur, is appointed prime minister in January 1828. He then resigns because his brother is opposed to Roman Catholic emancipation, although the duke is constrained to accept that policy as a political necessity in 1829. His second term as Lord Lieutenant of Ireland (1833–34) ends with the fall of Charles Grey, 2nd Earl Grey’s reform government. When the Whig Party returns to power in April 1835, he is not sent back to Ireland, and in his rage, he threatens to shoot the prime minister, William Lamb, 2nd Viscount Melbourne. He wants to be created Duke of Hindustan so that his rank will equal that of his brother.

Wellesley dies at the age of 82 on September 26, 1842, at Knightsbridge, London. He is buried in Eton College Chapel, at his old school. He and Arthur, after a long estrangement, had been once more on friendly terms for some years. Arthur weeps at the funeral and says that he knows of no honour greater than being Lord Wellesley’s brother.

Wellesley’s library is sold at auction in London by R. H. Evans on January 17, 1843 (and three following days); a copy of the catalogue, annotated with prices and buyers’ names, is held at Cambridge University Library.

Wellesley has several children, including three sons, but none are legitimate. The marquessate thus becomes extinct upon his death. The earldom of Mornington goes to his next surviving brother, William Wellesley-Pole.

(From: “Richard Colley Wellesley, Marquess Wellesley, British statesman,” written and fact-checked by the Editors of Encyclopaedia Britannica, http://www.britannica.com, April 2024 | Pictured: “Richard Colley Wellesley, Marquess of Wellesley (1760-1842),” oil on canvas portrait by Thomas Lawrence, 1812-13)