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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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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)


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The Bottle Riot

king-william-of-orange-monumentOn December 14, 1822, a “bottle riot” takes place at a performance of Oliver Goldsmith’s She Stoops to Conquer at the Theatre Royal in Dublin. Among those in attendance is the Lord Lieutenant of Ireland, Richard Wellesley, the brother of the Duke of Wellington. Wellesley is quite unpopular at the time among Orange Order members in the city, owing to what they perceive as his role in stopping an annual ceremony at the statue of King William of Orange on College Green, and other perceived concessions to the Catholic population.

The statue is the location for annual rituals organised by loyalist elements in the city, with events held in July and November being flashpoints on the Dublin calendar. Heavily criticised by Daniel O’Connell and other nationalist voices, Dublin Castle distances itself from the ceremonies, but it is the eventual banning of the November ceremony which infuriates the Orange Order into action.

Following clashes at the event in July 1822, a decision is made by Marquess Wellesley, in his capacity as Lord Lieutenant, to seek a ban against the November event. A heavy military presence prevents the traditional loyalist display. This decision causes great resentment towards Wellesley from loyalists in the city, as would other actions such as appointing a Catholic lawyer to a position of importance in the courts. A visit by him to the Theatre Royal is seen as an opportunity to show that discontent. The Theatre Royal on Hawkins Street is relatively new at the time, having only opened the previous year. The announcement that the Lord Lieutenant would be attending the theatre causes considerable excitement in the city.

Six men meet in a tavern on Wednesday, December 11, all members of the Orange Order. John and George Atkinson, James Forbes, William Graham and Henry and Matthew Handwith drink to “the glorious, immortal and pious memory” of King William of Orange, plotting a protest against the Lord Lieutenant which would grab the attention of the city. On December 13, a meeting of Lodge 1612 of the Orange Order on Werburgh Street decides to fund the purchase of twelve pit tickets for the upcoming play, with the aim of creating a scene which would embarrass the Lord Lieutenant.

The trouble begins inside the theatre with the tossing of pamphlets with the slogan “No Popery” upon them, most of which drift towards the stage. There are some cries of “No Popish Lord Lieutenant,” and the Lord Mayor of Dublin is also subject to ridicule. The play begins as planned, only to be interrupted throughout. A series of items are thrown in the direction of the Lord Lieutenant. The event comes to be known as “The Bottle Riot” in Dublin, owing to the missiles thrown. While the Lord Lieutenant is never in any real physical danger, the incident is hugely embarrassing for the authorities, with mob rule taking centre stage at one of Dublin’s most prestigious venues.

Several days later, the behaviour of the Orangemen is the subject of a protest meeting in Dublin. This meeting is significant as it is addressed by some hugely influential figures, including the Duke of Leinster, Daniel O’Connell, Henry Grattan, Jr. and Arthur Guinness II, son of the famous brewer. Guinness denounces the men as a “mischievous faction” and calls for them to be opposed “by the severe but wholesome discipline of the laws.”

While the instigators of the affair are brought in front of the courts on two separate occasions, both cases collapse causing much anger. Lord Chief Justice of Ireland Charles Kendal Bushe remarks to the jury in his summation that “an audience may cry down a play, or hiss, or hoot an actor,” but that riotous behaviour is not permitted. One effect of the mini-riot is the outlawing of the Orange Order for a period, when the Unlawful Societies Act of 1825 comes into being.

(Pictured: Undated postcard showing the monument of King William of Orange on College Green)