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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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Death of Thomas Staples, Last Surviving Member of the Irish House of Commons

Sir Thomas Staples, 9th Baronet, Anglo-Irish politician and lawyer, dies on May 14, 1865, in Dublin, County Dublin, eleven weeks short of his 90th birthday. He is the last surviving person to have been a member of the Irish House of Commons, albeit only having been in the House for a short time.

Staples is born on July 31, 1775, the son of John Staples (1736-1820) and Henrietta Molesworth (1745-1813), a daughter of Richard Molesworth, 3rd Viscount Molesworth. His siblings are Rev. John Molesworth Staples (1776-1858), Grace “Marchioness of Ormonde” Louisa Staples Butler (1779-1860) and Hon. Frances Staples Ponsonby (1782-1858).

Between March and April 1800, he is the Member of Parliament for Knocktopher in the Irish House of Commons, before resigning. In 1832, he inherits his cousin’s baronetcy. He is a barrister in Dublin and is appointed a Queen’s Advocate in Ireland in 1845.

Staples lives at Lissan House, near the market town of Cookstown, County Tyrone. He marries Catherine Hawkins (1796-1872), daughter and heiress of Reverend John Hawkins and Anne Montgomery, on October 27, 1813. They have no children.

Staples dies in Dublin on May 14, 1865, and is buried in the Lissan Church of Ireland Churchyard in Cookstown. His title is inherited by his nephew.


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Death of Robert Holmes, Lawyer & Nationalist

Robert Holmes, Irish lawyer and nationalist, dies in London on October 7, 1859.

Holmes, the son of parents who are natives of Antrim, County Antrim, and settled in Belfast, is born during a visit by his parents to Dublin in 1765. He enters Trinity College, Dublin in 1782, and graduates B.A. in 1787. He at first devotes himself to medicine, but he soon turns his attention to the law. In 1795, he is called to the bar. He spends a substantial period of his professional life travelling the northeast circuit in Ireland, where he gains a reputation for great ability and legal skill.

Holmes studies law and becomes one of the best-known defenders of the Nationalist leaders in Ireland. He speaks in 1846 in defence of Charles Gavan Duffy, editor of The Nation. Duffy had been indicted over an article written by John Mitchel, which comes to be known as the “Railway Article.” His defence proves successful and his speech on behalf of his client is described by Lord Chief Justice Edward Pennefather as “the most eloquent ever heard in a court of Justice.”

In 1798, during a parade of the lawyer’s corps of yeomanry, of which he is a member, Holmes throws down his arms on learning that the corps is to be placed under the military authorities, dreading that he might have to act against the populace. To one Joy, a barrister, who had used insulting language to him respecting this circumstance, he sends a challenge, for which he suffers three months’ imprisonment. In 1799, he publishes a satirical pamphlet on the projected Acts of Union, entitled A Demonstration of the Necessity of the Legislative Union of Great Britain and Ireland. With the rising of his brother-in-law, Robert Emmet, on July 23, 1803, he has no connection, although he is arrested on suspicion and imprisoned for some months. This retards his advancement. He declines to receive any favours from the government, refusing in succession the offices of Crown prosecutor, King’s Counsel, and Solicitor-General, and to the last he remains a member of the outer bar.

Holmes has for many years the largest practice of any member of the Irish courts, and is listened to with attention by judges, although he is not always very civil to them. His law arguments form an important set of articles in the Irish Law Reports, and he is an impressive advocate, notably in his speeches in Watson v. Dill, in defence of The Nation newspaper, and his oration on behalf of John Mitchel, tried for treason-felony on May 24, 1848. During the course of his practice he makes over £100,000.

Holmes marries, firstly, Mary Anne Emmet, daughter of Dr. Robert Emmet. She is the sister of Robert Emmet, who leads an unsuccessful rebellion in 1803, and whose brother, Thomas Addis Emmet, is a leading member, with Theobald Wolfe Tone, of the Society of United Irishmen. Both take part in the Irish Rebellion of 1798. The marriage produces one surviving child, a daughter, who later marries George William Lenox-Conyngham, chief clerk of the Foreign Office, and in turn has an only daughter who in 1861 marries Viscount Doneraile.

Holmes marries in 1810 at Childwall, Liverpool, as his second wife, the English educator and writer Eliza Lawrence. She dies in 1811.

After his retirement in 1852, Holmes resides in London with his only child Elizabeth. He dies at the age of 94 at her home, 37 Eaton Place, Belgrave Square, London, on October 7, 1859.

During the course of his life, Holmes is the author of three published works. The first, published in 1799, is entitled A Demonstration of the Necessity of the Legislative Union of Great Britain and Ireland, a satirical pamphlet ridiculing the arguments of its supporters. The next is An Address to the Yeomanry of Ireland, demonstrating the necessity of their declaring their opinions upon Political Subjects. His most important work however, according to Peter Aloysius Sillard, is The Case of Ireland Stated, which apparently goes through six editions, the last in 1847.

(Pictured: Image of Robert Holmes from Michael Doheny’s “The Felon’s Track”)


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Birth of Jonathan Christian, Irish Judge

Jonathan Christian, Irish judge, is born in Carrick-on-Suir, County Tipperary, on February 17, 1808. He serves as Solicitor-General for Ireland from 1856 to 1858. He is a judge of the Court of Common Pleas (Ireland) from 1858 to 1867 when he is appointed Lord Justice of Appeal in Chancery. On the creation of the new Irish Court of Appeal in 1878 he serves briefly on that Court but retires after a few months.

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 Ireland James 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.

Christian dies in Dublin on October 29, 1887.

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.


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Birth of Arthur Wolfe, 1st Viscount Kilwarden

Arthur Wolfe, 1st Viscount Kilwarden KC, Anglo-Irish peer, politician and judge, who held office as Lord Chief Justice of Ireland, is born on January 19, 1739, at Forenaughts House, Naas, County Kildare.

Wolfe is the eighth of nine sons born to John Wolfe (1700–60) and his wife Mary (d. 1763), the only child and heiress of William Philpot, a successful merchant at Dublin. One of his brothers, Peter, is the High Sheriff of Kildare, and his first cousin Theobald is the father of the poet Charles Wolfe.

Wolfe is educated at Trinity College Dublin, where he is elected a Scholar, and at the Middle Temple in London. He is called to the Irish Bar in 1766. In 1769, he marries Anne Ruxton (1745–1804) and, after building up a successful practice, takes silk in 1778. He and Anne have four children, John, Arthur, Mariana and Elizabeth.

In 1783, Wolfe is returned as Member of Parliament for Coleraine, which he represents until 1790. In 1787, he is appointed Solicitor-General for Ireland, and is returned to Parliament for Jamestown in 1790.

Appointed Attorney-General for Ireland in 1789, Wolfe is known for his strict adherence to the forms of law, and his opposition to the arbitrary measures taken by the authorities, despite his own position in the Protestant Ascendancy. He unsuccessfully prosecutes William Drennan in 1792. In 1795, Lord Fitzwilliam, the new Lord Lieutenant of Ireland, intends to remove him from his place as Attorney-General to make way for George Ponsonby. In compensation, Wolfe’s wife is created Baroness Kilwarden on September 30, 1795. However, the recall of Fitzwilliam enables Wolfe to retain his office.

In January 1798, Wolfe is simultaneously returned to Parliament for Dublin City and Ardfert. However, he leaves the Irish House of Commons when he is appointed Chief Justice of the Kings Bench for Ireland and created Baron Kilwarden on July 3, 1798.

After the Irish Rebellion of 1798, Wolfe becomes notable for twice issuing writs of habeas corpus on behalf of Wolfe Tone, then held in military custody, but these are ignored by the army and forestalled by Tone’s suicide in prison. In 1795 he had also warned Tone and some of his associates to leave Ireland to avoid prosecution. Tone’s godfather, Theobald Wolfe of Blackhall (the father of Charles Wolfe), is Wolfe’s first cousin, and Tone may have been Theobald’s natural son. These attempts to help a political opponent are unique at the time.

After the passage of the Acts of Union 1800, which he supports, Wolfe is created Viscount Kilwarden on December 29, 1800. In 1802, he is appointed Vice-Chancellor of the University of Dublin.

In 1802 Wolfe presides over the case against Town Major Henry Charles Sirr in which the habitual abuses of power used to suppress rebellion are exposed in court.

In the same year Wolfe orders that the well-known Catholic priest Father William Gahan be imprisoned for contempt of court. In a case over the disputed will of Gahan’s friend John Butler, 12th Baron Dunboyne, the priest refuses to answer certain questions on the ground that to do so would violate the seal of the confessional, despite a ruling that the common law does not recognize the seal of the confessional as a ground for refusing to give evidence. The judge apparently feels some sympathy for Gahan’s predicament, as he is released from prison after only a few days.

During the Irish rebellion of 1803, Wolfe, who had never been forgiven by the United Irishmen for the execution of William Orr, is clearly in great danger. On the night of July 23, 1803, the approach of the Kildare rebels induces him to leave his residence, Newlands House, in the suburbs of Dublin, with his daughter Elizabeth and his nephew, Rev. Richard Wolfe. Believing that he will be safer among the crowd, he orders his driver to proceed by way of Thomas Street in the city centre. However, the street is occupied by Robert Emmet‘s rebels. Unwisely, when challenged, he gives his name and office, and he is rapidly dragged from his carriage and stabbed repeatedly with pikes. His nephew is murdered in a similar fashion, while Elizabeth is allowed to escape to Dublin Castle, where she raises the alarm. When the rebels are suppressed, Wolfe is found to be still alive and is carried to a watch-house, where he dies shortly thereafter. His last words, spoken in reply to a soldier who called for the death of his murderers, are “Murder must be punished; but let no man suffer for my death, but on a fair trial, and by the laws of his country.”

Wolfe is succeeded by his eldest son John Wolfe, 2nd Viscount Kilwarden. Neither John nor his younger brother Arthur, who dies in 1805, have male issue, and on John’s death in 1830 the title becomes extinct.

(Pictured: Portrait of Lord Chief Justice of Ireland, Arthur Wolfe (later Viscount Kilwarden) by Hugh Douglas Hamilton, between 1797 and 1800, Gallery of the Masters)


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Death of Paddy O’Byrne, Radio Broadcaster & Actor

Paddy O’Byrne, Irish radio broadcaster and actor who becomes one of the best-known radio personalities in South Africa, dies on December 4, 2013, in Mullingar, County Westmeath.

O’Byrne is born on December 8, 1929, in Killiney, a suburb of Dublin, the son of John O’Byrne, KC, and Marjorie (née McGuire). He attends St. Mary’s College, Dublin, Castleknock College and University College Dublin (UCD), where he earns a degree in Legal and Political Science. In 1952, he is called to the King’s Inns. In 1954, he abandons a legal career in favour of the performing arts, joining the George Mitchell Singers in London but has a “day job” working for an insurance company. During the summer season in Llandudno, Wales, he meets and later marries a singer and dancer from Dublin named Vicky Fitzpatrick. They have three children, Jane, John, and Dominic.

O’Byrne emigrates to the Union of South Africa in 1958. In 1961, he wins a competition called The Voice of South Africa, thereby gaining a contract with the South African Broadcasting Corporation and a new career. As is commonly the case at the time, both among Irish actors abroad as well as many South Africans in the theatre and broadcast media, he uses Received Pronunciation for his professional speaking voice.

In 1980, when the radio station Talk Radio 702 is launched in Johannesburg, O’Byrne is the first announcer heard on it. He also works for Radio Today and Radio Veritas, a Roman Catholic station, in Johannesburg and for Fine Music Radio in Cape Town. He also works for the BBC on Radio 2 and Capital Radio in the United Kingdom, during the 1970s and 1980s.

O’Byrne is also an actor, and narrates five films, while in South Africa. He is one of a series of actors who play the science-fiction character Mark Saxon in the original radio drama No Place to Hide, originally created by South African author Monty Doyle.

O’Byrne and his family move to Mullingar in 2001, but he continues to do broadcasts for Irish classical-music radio station RTÉ lyric fm, and his programmes for Fine Music Radio are recorded there and transmitted to South Africa for broadcast. He retires in 2004.

In 2010, at the MTN Radio Awards Gala, in Johannesburg, O’Byrne is honoured for his contribution to South African broadcasting, being named one of the inaugural inductees into the Radio Hall of Fame.

O’Byrne narrates two movies from The Gods Must Be Crazy film series, as well as Animals Are Beautiful People.

O’Byrne dies in Mullingar at the age of 83 on December 4, 2013.


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Birth of Sir Maziere Brady, 1st Baronet & Lord Chancellor of Ireland

Sir Maziere Brady, 1st Baronet, PC (Ire), Irish judge, notable for his exceptionally long, though not particularly distinguished tenure as Lord Chancellor of Ireland, is born on July 20, 1796.

Brady is born on Parliament Street, Dublin, the second son of Francis Tempest Brady of Booterstown, a manufacturer of gold and silver thread, and his wife Charlotte Hodgson, daughter of William Hodgson of Castledawson, County Londonderry. He is baptised at St. Werburgh’s Church, Dublin. He is the brother of Sir Nicholas Brady, Lord Mayor of Dublin, and uncle of the eminent ecclesiastical historian William Maziere Brady.

The Bradys are an old and distinguished Munster family who are particularly associated with the town of Bandon, County Cork. Probably the most celebrated of his ancestors is the poet and psalmist Nicholas Brady (1659–1726), who collaborated with Nahum Tate, the Poet Laureate, on New Version of the Psalms of David.

Other notable forebears include Hugh Brady, the first Protestant Bishop of Meath (d. 1584), his father-in-law Robert Weston who, like Maziere serves as Lord Chancellor of Ireland, and the judge and author Luke Gernon (d. 1672), who is now best remembered for his work A Discourse of Ireland (1620), which gives a detailed and (from the English colonial point of view) not unsympathetic picture of the state of Ireland in 1620.

Brady is educated at Trinity College Dublin and takes his Bachelor of Arts degree in 1816. He enters the Middle Temple in 1816, is called to the Bar in 1819 and becomes King’s Counsel in 1835.

In politics Brady is a Liberal and supports Catholic emancipation. He sits on a commission of inquiry into Irish municipal corporations in 1833. He is appointed Solicitor-General for Ireland in 1837 and Attorney-General for Ireland the following year. In 1840 he is appointed Lord Chief Baron of the Irish Exchequer. In 1846 he is appointed Lord Chancellor of Ireland and serves in that office, with short intervals, for the next 20 years. He retires in 1866 and is made a baronet, of Hazelbrook in the County of Dublin, in 1869. His appointment ends the practice which grew after the Acts of Union 1800 of appointing only English lawyers as Lord Chancellor of Ireland. He sits on the Government Commission on Trinity College Dublin in 1851 and is nominated as Vice-Chancellor of Queen’s University Belfast in 1850. All through his life he shows a keen interest in education.

According to Elrington Ball, Brady’s Lord Chancellorship is notable for its length but for nothing else. Ball calls him “a good Chief Baron spoiled to make a bad Chancellor.” By general agreement he had been an excellent Chief Baron of the Exchequer, having a reputation for being fair-minded, courteous and approachable, but in Ball’s view the more onerous (and partly political) office of Lord Chancellor is beyond his capacity. Unlike some judges whose training had been in the common law, he never quite masters the separate code of equity. Delaney takes a somewhat more favourable view of Brady as Lord Chancellor, arguing that while his judgements do not show any great depth of learning they do show an ability to identify the central issue of any case and to apply the correct legal principle to it.

An anonymous pamphlet from 1850, which is highly critical of the Irish judiciary in general, describes Brady as being unable to keep order in his Court, and easily intimidated by counsel, especially by that formidable trio of future judges, Jonathan Christian, Francis Alexander FitzGerald, and Abraham Brewster. The author paints an unflattering picture of Brady as sitting “baffled and bewildered” in a Court where he is “a judge but not an authority.” On the other hand, Jonathan Christian, who had often clashed with Brady in Court, later praises him as “no ordinary man” despite his shortcomings as a judge. He describes him as “independent-minded, patriotic, natural and unaffected.”

Brady is a founder member of the Stephen’s Green Club and a member of the Royal Dublin Society and the Royal Irish Academy. In addition to the arts, he shows a keen interest in science, especially after his retirement. Like most judges of the time, he has both a town house in central Dublin and a place some distance from the city centre. His country house is Hazelbrook, Terenure, Dublin. He changes his town house several times, settling finally in Pembroke Street.

Brady marries firstly Elizabeth Anne Buchanan, daughter of Bever Buchanan, apothecary of Dublin, and his wife Eleanor Hodgson, in 1823 and they have five children. Elizabeth dies in 1858. In 1860, Brady marries Mary Hatchell, daughter of John Hatchell, Attorney-General for Ireland and Elizabeth Waddy, who survives him. He dies at his house in Pembroke Street on April 13, 1871. He is buried in Mount Jerome Cemetery.


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Thomas “Silken Thomas” FitzGerald Confronts King Henry VIII

Thomas FitzGerald, Lord Offaly at the time, known as “Silken Thomas” because of the silk worn on his followers’ helmets, rides through Dublin with a large band of followers on June 11, 1534, as he has heard the false rumour spread by Henry VIII that his father, Gerald FitzGerald, 9th Earl of Kildare, has been executed in the Tower of London. He enters the Chapter House of St. Mary’s Abbey, Dublin, where the King’s Counsel is awaiting him and flings down his Sword of State. This is a dramatic act of defiance, by which he hopes to force his claim to power. Henry VIII treats it as an act of open revolt and confines his father to the Tower where he dies two months later.

FitzGerald is born in London in 1513, the son of Gerald FitzGerald, 9th Earl of Kildare and his first wife Elizabeth Zouche, who is a distant cousin of Henry VII.

In February 1534, FitzGerald’s father is summoned to London and appoints his then 21-year-old son deputy governor of Ireland in his absence. In June 1534 FitzGerald hears rumours that his father has been executed in the Tower of London and that the English government intends the same fate for himself and his uncles.

FitzGerald summons the council to St. Mary’s Abbey, Dublin, and on June 11, 1534, accompanied by 140 armoured gallowglasses with silk fringes on their helmets, rides to the abbey and publicly renounces his allegiance to his cousin King Henry VIII, Lord of Ireland.

The Lord Chancellor of Ireland and Archbishop of Dublin, John Alen, attempts to persuade FitzGerald not to commit himself to such a rash proceeding. The young lord’s harper, however, understanding only Irish, and seeing signs of wavering in FitzGerald’s bearing, commences to recite a poem in praise of the deeds of his ancestors, telling him at the same time that he lingers there too long. Roused by this he throws down the sword of state and rushes from the hall, followed by his adherents. The council sends an order for his immediate arrest to the Lord Mayor of Dublin, who does not have sufficient force at his disposal.

The Earl of Desmond and many of FitzGerald’s father’s oldest and best friends’ reason with him but he is not to be turned from his purpose. As Vice-Deputy, he has under his control most of the Pale‘s fortresses and large government stores.

Dublin Castle alone holds out for the King of England. FitzGerald calls the lords of the Pale to the siege of the Castle. Those who refuse to swear fidelity to him are sent as prisoners to his Maynooth Castle. Goods and chattels belonging to the King’s subjects he declares forfeited, and he announces his intention of exiling or putting to death all born in England. He sends messengers to his cousin and friend Lord Butler, son of the Earl of Ormond, offering to divide the kingdom with him if he will join his cause, but Butler refuses. Several children of the citizens of Dublin in different parts of the Pale are seized as hostages for the good behavior of the city.

In July, FitzGerald attacks Dublin Castle, but his army is routed. He is, rightly or wrongly, judged to be responsible for the execution at Artane of Archbishop Alen, who had tried to mediate. This loses him support from the clergy. According to a long-established tradition, the killers, John Teeling and Nicholas Wafer, misunderstand his order, given in Irish, to “take this fellow away” as an order to kill Alen. By this time his father has taken ill and died in London, and he has technically succeeded as 10th Earl, but the Crown never confirms his title. He retreats to his stronghold at Maynooth Castle, but in March 1535 this is taken by an English force under Sir William Skeffington by bribing a guard, while Thomas is absent gathering reinforcements to relieve it. The surrendered garrison is put to death, which becomes known as the “Maynooth Pardon.” FitzGerald has wrongly assumed that his cause would attract overwhelming support, in particular from Catholics opposed to Henry VIII’s English Reformation. But Henry’s new policy also outlaws Lutheranism, and so Henry is not finally excommunicated until 1538.

In July, Lord Leonard Grey arrives from England as Lord Deputy of Ireland. FitzGerald, seeing his army melting away and his allies submitting one by one, asks for pardon for his offences. He is still a formidable opponent, and Grey, wishing to avoid a prolonged conflict, guarantees his personal safety and persuades him to submit unconditionally to the King’s mercy. According to the Tree Council of Ireland, legend has it that FitzGerald plays a lute under the boughs of the now oldest planted tree in Ireland, the Silken Thomas Yew, the night before he surrenders to King Henry VIII.

In October 1535, FitzGerald is sent as a prisoner to the Tower of London. The Attainder of the Earl of Kildare Act 1536 is passed to permit his execution and the confiscation of his property. Despite Grey’s guarantee, he is executed with his five uncles at Tyburn, London, on February 3, 1537. The 1536 Act remains law until it is repealed by the Statute Law Revision (Pre-1922) Act 2005.

FitzGerald’s revolt causes Henry to pay more attention to Irish matters and is a factor in the creation of the Kingdom of Ireland in 1541. In particular the powers of the lord’s deputy are curbed, and policies such as surrender and regrant are introduced. To provide for greater security the Royal Irish Army is established as a standing army.


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Birth of John Toler, 1st Earl of Norbury

John Toler, 1st Earl of Norbury PC, KC, Irish lawyer, politician and judge known as The Lord Norbury between 1800 and 1827, is born at Beechwood, Nenagh, County Tipperary, on December 3, 1745. A greatly controversial figure in his time, he is nicknamed the “Hanging Judge” and is considered to be one of the most corrupt legal figures in Irish history. He is Chief Justice of the Common Pleas for Ireland between 1800 and 1827.

Toler is the youngest son of Daniel Toler, MP, and Letitia, daughter of Thomas Otway (1665–1724), of Lissenhall, Nenagh, County Tipperary. His elder brother Daniel Toler is also a politician, serving as High Sheriff for Tipperary and also as MP for Tipperary. The Toler family is originally from Norfolk, East Anglia, England, but settles in County Tipperary in the 17th century. He is educated at Kilkenny College and at Trinity College, Dublin.

After graduating from university Toler enters the legal profession and is called to the Irish Bar in 1770. In 1781 he is appointed a King’s Counsel. He is returned to the Parliament of Ireland for Tralee in 1773, a seat he holds until 1780, and later represents Philipstown between 1783 and 1790 and Gorey from 1790 until the Acts of Union 1800. In 1789 he is appointed Solicitor-General for Ireland, which he remains until 1798 when he is promoted to Attorney-General for Ireland and sworn of the Privy Council of Ireland. In his role as Attorney-General he is responsible for the prosecution of those involved in the Irish Rebellion of 1798. According to the Dictionary of National Biography “his indifference to human suffering … disgusted even those who thought the occasion called for firmness on the part of government.” In 1799, he brings forward a law which gives the Lord Lieutenant of Ireland power to suspend the Habeas Corpus Act and to impose martial law.

In 1800 Toler is appointed Chief Justice of the Common Pleas for Ireland and raised to the Peerage of Ireland as Baron Norbury, of Ballycrenode in the County of Tipperary. His appointment to the bench is controversial and John FitzGibbon, 1st Earl of Clare, the Lord Chancellor of Ireland, is said to have quipped, “Make him a bishop, or even an archbishop, but not a chief justice.” His tenure as Chief Justice lasts for 27 years, despite the fact that, the Dictionary of National Biography opines, “his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance.” This earns him the nickname the “Hanging Judge.” His most famous trial is that of Irish nationalist leader Robert Emmet. He interrupts and abuses Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant Ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century.

However, Toler’s position eventually becomes untenable even to his strongest supporters, especially with the British government‘s aim of establishing a better relationship with the Catholic majority. His reputation is tainted in 1822, when a letter written to him by William Saurin, the Attorney-General for Ireland, is discovered, in which Saurin urges him to use his influence with the Irish Protestant gentry which makes up local juries against the Catholics. Saurin is dismissed soon afterwards. He finds his greatest adversary in Daniel O’Connell, to whom Toler is “an especial object of abhorrence.” At O’Connell’s instigation the case of Saurin’s letter is brought before the House of Commons of the United Kingdom by Henry Brougham. Toler survives this as well as an 1825 petition drawn up by O’Connell, which calls for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given. However, it is not until George Canning becomes Prime Minister in 1827 that Toler, then 82, is finally induced to resign. His resignation is sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King’s County, in the Peerage of Ireland. Unlike the barony of Norbury these titles are created with remainder to his second son Hector John. His eldest son Daniel is then considered mentally unsound.

Toler marries Grace, daughter of Hector Graham, in 1778. They have two sons and two daughters. In 1797 Grace is raised to the Peerage of Ireland as Baroness Norwood, of Knockalton in the County of Tipperary, in honour of her husband. She dies in 1822 and is succeeded in the barony by her eldest son, Daniel. Toler survives her by nine years and dies at the age of 85 at his Dublin home at 3 Great Denmark Street on July 27, 1831. He is succeeded in the barony of Norbury by his eldest son Daniel and in the viscountcy and earldom according to the special remainder by his second son, Hector. In 1832 the latter also succeeds his elder brother in the baronies of Norwood and Norbury. He is considered to be the father of the astronomer John Brinkley.

(Pictured: John Toler, 1st Earl of Norbury, coloured etching by unknown artist, early 19th century, National Portrait Gallery, NPG D9303)


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Birth of John Scott, 1st Earl of Clonmell

John Scott, 1st Earl of Clonmell, Irish barrister and judge known as The Lord Earlsfort between 1784 and 1789 and as The Viscount Clonmell between 1789 and 1793, is born in County Tipperary on June 8, 1739. Sometimes known as “Copperfaced Jack”, he is Lord Chief Justice of the King’s Bench for Ireland from 1784 to 1789.

Scott is the third son of Thomas Scott of Scottsborough, County Tipperary, and his wife Rachel, daughter of Mark Prim of Johnswell, County Kilkenny. His parents are cousins, being two of the grandchildren of Nicholas Purcell, 13th Baron of Loughmoe. His elder brother is the uncle of Bernard Phelan, who establishes Château Phélan Ségur, and Dean John Scott, who first plants the gardens open to the public at Ballyin, County Waterford and marries a niece of Scott’s political ally, Henry Grattan.

While at Kilkenny College, Scott stands up to the tormentor of a boy named Hugh Carleton, who grows up to be Viscount Carleton of Clare. They become firm friends, and Carleton’s father, then known as the “King of Cork,” due to his wealth and influence, invites him to their home and becomes his patron. In 1756, Carleton sends both the young men off, with equal allowances, to study at Trinity College, Dublin and then the Middle Temple in London. On being called to the Irish bar in 1765, Scott’s eloquence secures him a position that enables him to pay £300 a year to his patron, Francis Carleton, who through a series of disappointments has been declared bankrupt. He continues to gratefully support his patron until Hugh Carleton is financially able to insist that he take up the payments to his father. Scott in later life turns against Carleton, describing him in his diary as a “worthless wretch.”

Admitted to King’s Inns in 1765, Scott is entitled to practice as a barrister. In 1769 he is elected as the Member of Parliament for Mullingar, a seat he holds until 1783. The following year he is made a King’s Counsel (KC). In 1772 he is Counsel to the Board of Revenue and in 1774 is appointed Solicitor-General for Ireland (1774–1777). Three years later, he is elected a Privy Councillor and Attorney-General for Ireland (1774–1783). He is dismissed from the latter position in 1782 for refusing to acknowledge the right of England to legislate for Ireland. In 1775, he is awarded an honorary degree of Doctor of Law (LL.D.) by Trinity College, Dublin. He holds the office of Prime Serjeant-at-Law of Ireland between 1777 and 1782. He is Clerk of the Pleas of the Court of the Exchequer in 1783 and is elected Member of Parliament for Portarlington between 1783 and 1784.

In 1784, Scott is created 1st Baron Earlsfort of Lisson-Earl, County Tipperary, following his appointment to Lord Chief Justice of the King’s Bench. In 1789 he is created 1st Viscount Clonmel, of Clonmel, County Tipperary and in 1793 is created 1st Earl of Clonmel. By the 1790s he has an annual income of £20,000. Due to heavy drinking and overeating he becomes seriously overweight, and this no doubt contributes to his early death, although his diary shows that he makes frequent efforts to live a more temperate life. Drinking also produces the red face which earns him the nickname “Copper-faced Jack.”

In 1768, Scott marries the widowed Catherine Anna Maria Roe, daughter of Thomas Mathew, of Earl Landaff and sister of Francis Mathew, 1st Earl Landaff. She dies in 1771. In 1779, he marries Margaret Lawless, daughter and eventual heiress of banker Patrick Lawless of Dublin. He leaves a son and heir and a daughter by his second marriage.

Scott lives at Clonmell House, 17 Harcourt Street, Dublin. He also keeps a country residence, Temple Hill House, in County Dublin. Clonmell Street in Dublin is named in his honour, as is Earlsfort Terrace, also in Dublin. He also gains a reputation of being an experienced duelist.

In 1797, in the last conversation he would have with his wife’s cousin, Valentine Lawless, 2nd Baron Cloncurry, he exclaims, “My dear Val, I have been a fortunate man in life. I am a Chief Justice and an Earl; but, believe me, I would rather be beginning the world as a young (chimney) sweep.” He dies at the age of 58 the following year on May 23, 1798.

(Pictured: John Scott, 1st Earl of Clonmell, oil on canvas by Gilbert Charles Stuart)