Yelverton is the eldest son of Francis Yelverton of Kanturk, County Cork, and Elizabeth Barry, daughter of Jonas Barry of Kilbrin (now Ballyclogh, County Cork). His father dies when he is only ten. His mother reaches a great age, dying only a year before her son. He goes to school in Charleville and Midleton College, and attends Trinity College Dublin, where he takes a degree of Bachelor of Arts in 1757 and of Bachelor of Laws in 1761. His family lacks wealth and social position and he is for some years an assistant master under Andrew Buck in the Hibernian Academy. This menial occupation is later a source of great embarrassment to him, as his enemies love to ridicule him as “Buck’s usher.”
In 1761, Yelverton marries Mary Nugent, daughter of William Nugent of Clonlost, County Westmeath, and his wife Ursula Aglionby, a lady of some fortune, and is thus enabled to read for the Irish Bar, entering the Middle Temple. He is called to the Bar in 1764. Despite his lack of family connections, his success in his profession is rapid, due to his legal ability, charm and remarkable eloquence, and he takes silk eight years afterward.
Yelverton is elected to the Irish House of Commons as member for Donegal Borough from 1774 to 1776. In the latter year, he is elected for both Belfast and Carrickfergus. He chooses to sit for the latter constituency and represents Carrickfergus until 1784. Although few examples of his oratory survive, all contemporaries agree on his eloquence, which gives him a dominant position in the Commons. He also serves as Recorder of Carrickfergus from 1778 until his death. This is not a Crown appointment as the Recorder is elected by a vote of the entire town corporation.
Yelverton gives his support to Henry Grattan and the Whigs during the greater part of his parliamentary career. He is a strong supporter of the demand for an independent Irish Parliament, but later changes his stance.
Yelverton plays a crucial role in the reforms which are collectively called the Irish Constitution of 1782. In particular he sponsors the Act 21 and 22 of George III, An Act to regulate the manner of passing bills and to prevent delays in summoning of Parliaments – which is popularly known as “Yelverton’s Act.” This radically modifies Poynings’ Law of 1495 by which all legislation to be passed by the Irish Parliament has to be drafted by the Privy Council of Ireland, then sent to the English privy council for approval. Under Yelverton’s Act, the role of the Irish Privy Council is abolished and legislation is commenced in the normal way in the Irish Parliament, which for the last 17 years of its existence enjoys a wide measure of independence.
In his latter days, Yelverton becomes identified with the court party and votes for the Act of Union 1800, for which his viscounty is a reward. For this he is never forgiven by many of his former friends. Sir Jonah Barrington, who continues to regard Yelverton with affection and respect, regrets that this action should have destroyed his reputation forever, but he argues that such a mistake of judgment is understandable in a man who lacks worldly wisdom, and despite his many good qualities, does not have a strong moral sense.
Yelverton becomes Attorney-General for Ireland in 1782, and is elevated to the bench as Lord Chief Baron of the Irish Exchequer in 1783. He is created Baron Yelverton in 1795, and in 1800 Viscount Avonmore in the Peerage of Ireland. As Chief Baron, he leads the opposition to the proposal to increase the number of judges in each of the courts of common law from three to four, on the practical ground that four-judge courts often divide evenly and thus cannot reach an effective decision. Despite this common-sense view, the new judges are eventually appointed.
In 1797, Yelverton attains a degree of infamy for presiding over what is widely regarded as a “show trial” which leads to the execution of the United Irishman, William Orr, although he is said to have shed tears when passing the death sentence on Orr. Orr is charged with administering the United Irish oath to a soldier called Hugh Wheatly. This had recently become a capital offence. In fact, it is generally believed that another man, William McKeever, administered the oath. Wheatly, who is the principal witness for the prosecution, later confesses that he had perjured himself, but despite a superb defence by John Philpot Curran, Orr is found guilty and hanged. Yelverton may have formed an early impression of Orr’s guilt and acted on it – even his admirers admitted that as a judge he lacks impartiality.
Peter Finnerty, a journalist, is later convicted of seditious libel for publishing an attack on Yelverton over his conduct of Orr’s trial and this does nothing to enhance the judge’s reputation.
Yelverton dies on August 19, 1805, at his mansion, Fortfield House, Terenure, County Dublin, which he had built at great expense around 1785. He is buried nearby in Rathfarnham.
From 1546 to 1549, Weston is a principal of Broadgates Hall (afterwards Pembroke College), and at the same time deputy reader in civil law at the university, under Dr. John Story. He is not a clergyman, and his later appointment to two lucrative deaneries greatly troubles his conscience.
On January 12, 1559, Weston is created Dean of the Arches and is a commissioner for administering the oaths required of ecclesiastics under the Act of Uniformity 1558. He is consulted in regard to the Queen’s Commission issued on December 6, 1559, for confirming Matthew Parker as Archbishop of Canterbury and is included in a commission issued on November 8, 1564, to inquire into complaints of piratical depredations committed at sea on the subjects of the King of Spain.
The Lord Deputy of Ireland, Sir Henry Sidney, requests that Weston be nominated for the post of Lord Chancellor of Ireland in succession to Hugh Curwen, Archbishop of Dublin, in April 1566. After a year, on June 10, 1567, Queen Elizabeth I tells Sidney that after good deliberation she has made the “choice for the supply of room of Chancellor by naming thereunnto our trusty well-beloved Doctor Weston, dean of the arches here, a man for his learning and approved integrity thoroughly qualified to receive and possess the same” and “that for some increase of his living whilst he remaineth in our service there she was pleased to give unto him the Deanery of St. Patrick’s, whereof the Bishop of Armagh, Adam Loftus, is now dean and yet to leave it at our order, as we know he will.”
Weston arrives in Dublin early in August and is sworn into office on August 8, 1567. He is conscientious in performing his duties, and greatly respected for his integrity, although ill-health (he is plagued by gout and gallstones) hampers his effectiveness. He is appalled by the laziness and inefficiency of many of the Irish judges and urges Elizabeth I to replace them with Englishmen wherever possible. He is equally shocked at the poverty and ignorance of many of the Protestant clergy in Ireland. His zeal for reform leads him, though a layman, to become an effective leader of the Church of Ireland for a few years. He cooperates with Adam Loftus, now Archbishop of Dublin, in purging the Archdiocese of Dublin of crypto-Catholics, but is opposed to the persecution of the Roman Catholic majority, or any efforts to forcibly convert them.
Weston dies on May 20, 1573, and is buried beneath the altar in St. Patrick’s Cathedral, Dublin, “leaving behind him an excellent character for uprightness, judgment, learning, courtesy, and piety.”
Weston marries Alice Jenyngs, daughter of Richard Jenyngs of Great Barr, Staffordshire. They have a son, John, and three daughters, of whom most of known of Alice, who marries firstly Hugh Brady, Bishop of Meath, by whom she has numerous children including Luke and Nicholas, and secondly Sir Geoffrey Fenton, by whom she is the mother of Catherine, who marries Richard Boyle, 1st Earl of Cork, and of Sir William Fenton.
Fitzgibbon is an early and extremely militant opponent of Catholic emancipation. The Earl is possibly the first person to suggest to King George III that granting royal assent to any form of Catholic Emancipation will violate his coronation oath.
FitzGibbon is born in 1748 near Donnybrook, Dublin, 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.
When appointed Lord Chancellor for Ireland in 1789, FitzGibbon is granted his first peerage as Baron FitzGibbon, of Connello Lower in County 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 (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.
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 (1787–1789) 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, for which, in a “magnificently controlled vituperation in vigorous, colloquial heroic couplets,” The Gibbonade, he is pilloried by the satirist Henrietta Battier. But acceding to pressure exerted through the Irish executive by government of William Pitt in London, intent, in advance of war with the new French Republic, to placate Catholic opinion, he is persuaded to recommend its acceptance in the Irish House of Lords. Pitt, and King George III, who had been petitioned by delegates from the Catholic Committee in Dublin, expects Ireland to follow the British Roman Catholic Relief Act 1791 and admit Catholics to the parliamentary franchise (although not to Parliament itself), enter the professions and assume public office.
FitzGibbon’s role in the recall, soon after his arrival, of the popular pro-Emancipation Lord Lieutenant of Ireland, William Fitzwilliam, 4th Earl Fitzwilliam, is debatable. Although he is probably politically opposed to the Lord Lieutenant of Ireland, Fitzwilliam is recalled, apparently due to his own independent actions. Fitzwilliam is known to be friendly to the Ponsonby family (he is married to one of their daughters), 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 probably what leads to his recall. Thus, if any is to blame in the short-lived “Fitzwilliam episode” it is the great Irish politician Henry Grattan and the Ponsonby brothers – presumably William Ponsonby, later Lord Imokilly, and his brother John 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 agree on one point apparently – 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 has been a strong supporter of the Union since 1793 but refuses to have Catholic emancipation with the Union.
In a speech to the Irish House of Lords on February 10, 1800, FitzGibbon elucidates his point of view on union: “I hope and feel as becomes a true Irishman, for the dignity and independence of my country, and therefore I would elevate her to her proper station, in the rank of civilised nations. I wish to advance her from the degraded post of mercenary province, to the proud station of an integral and governing member of the greatest empire in the world.”
In the end, FitzGibbon’s views win 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 had been duped by the way in which the Act was passed with the new Viceroy Charles Cornwallis, 1st Marquess Cornwallis, promising reforms to Irish Catholics, and is bitterly opposed to any concessions during the short remainder of his life.
The role of the Earl of Clare (as FitzGibbon becomes in 1795) as Lord Chancellor of Ireland during the period of the Irish Rebellion of 1798 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 and the Encyclopædia Britannica states that he is “neither cruel nor immoderate and was inclined to mercy when dealing with individuals.” However, the same source also states that “(FitzGibbon)… was a powerful supporter of a repressive policy toward Irish Catholics”. His former side is displayed by sparing the lives of the captured United Irish leaders, “State prisoners,” 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 brothers John and Henry Sheares 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 is inclined to show no mercy to unrepentant rebels and, in October 1798, he expresses his disgust upon the capture of Wolfe Tone that he has been granted a trial, and his belief that Tone should be 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.”
Another anecdote is to the effect of FitzGibbon’s callousness. Supposedly, upon being informed during a debate in the Irish Parliament that innocent as well as guilty are suffering atrocities during the repression, he replies, “Well suppose it were so…,” his callous reply purportedly shocking William Pitt.
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. There is, however, 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 be 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 home, 6 Ely Place near St. Stephen’s Green, Dublin, on January 28, 1802, and is buried in St. Peter’s Churchyard. A hero to Protestant hardliners, but despised by the majority Catholic population, his funeral cortege is the cause of a riot and, according to a widespread story, a number of dead cats are thrown at his coffin as it departs Ely Place.
Agar is known to have held particularly marked Calvinistic positions. He serves as Dean of Kilmore from 1765 to 1768, and then as Bishop of Cloyne until 1779.
In 1794, Agar is raised to the Peerage of Ireland as Baron Somerton. In 1801, he is translated to become Archbishop of Dublin and is created Viscount Somerton. In 1806, he is further honoured when he is made Earl of Normanton. These titles are all in the Peerage of Ireland. He remains as Archbishop of Dublin until his death in 1809, and from the beginning of 1801 onward, sits in the House of Lords as one of the twenty-eight original Irish representative peer, following the Acts of Union 1800 which unites Ireland and Great Britain.
Agar dies on July 14, 1809, aged 72, and is succeeded in his secular titles by his son Welbore Ellis Agar. He is buried in the north transept of Westminster Abbey. His widow Jane, Countess of Normanton, is buried alongside him following her death in 1826. His tomb dates from 1815 and is created by John Bacon.
Moore is the eldest son of Queen Victoria‘s honorary physician in Ireland, Dr. William Moore of Rosnashane, Ballymoney, and Sidney Blanche Fuller. His ancestors came to Ulster during the Plantation of Ulster, settling at Ballymoney, at which time they were Quakers. The Moore Lodge estate is inherited from a relative. The family owns several other houses: Moore’s Grove and Moore’s Fort. He goes on to become a Deputy Lieutenant for County Antrim and a Justice of the Peace.
In 1903, Moore is one of the first landowners of Ireland to sell off their estates under the land acts. By the early 1920s he owns a Belfastpied-à-terre called “Glassnabreedon,” in the village of Whitehouse, four miles north of Belfast. This house is once owned by the son of Nicholas Grimshaw, Ireland’s first cotton pioneer.
Moore becomes a member of the General Synod of the Church of Ireland and is a founder member of the Ulster Council. He is a passionate Orangeman: his vehemence in defending Ulster’s right to oppose Irish Home Rule is said to alarm even those who share his views. Speaking in England on March 10, 1913, he makes his feelings clear on the possibility of Irish Home Rule: “I have no doubt, if Home Rule is carried, its baptism in Ireland will be a baptism in blood.” He shows little respect for English politicians, and has nothing but contempt for Southern Unionists. The eventual political settlement in 1921 meets with his approval.
Moore dies at his home, Moore Lodge, in Ballymoney on November 28, 1944, less than a week after his 80th birthday. He is buried in the family burial ground, “Lamb’s Fold,” two days later.
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 is given to removing him from office.
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, with procedures that are extremely complex and he finds at first almost unintelligible. Gradually he masters the intricacies of Chancery practice becoming a leader of the Bar, and took silk in 1841. It is said that his expertise in Chancery procedures leave 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 grounds 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.
His criticisms of legal rulings and arguments are invariably delivered in the form of a personal attack. Such exchanges are frequently continued through the letters page of The Times. Conservative in politics, he objects to the appointment of Thomas O’Hagan as Lord Chancellor in December 1868, dismissing him as a liberal “political necessity.” He goes to great lengths to point out legal flaws in the Landlord and Tenant (Ireland) Act 187, to the great annoyance of the Prime Minister, William Ewart Gladstone. His final public diatribe comes in 1877 when he launches an attack on the quality of law reporting, dismissing the contents of the Irish Reports as “a mass of utterly worthless rubbish.” He is vilified in the legal press and is the subject of cartoons in Dublin satirical journals. Pleading deafness, he retires in December 1878.
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.
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 masonicGrand 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’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.
He marries firstly Mary Halloran of Cloyne, County Cork, in 1845. She dies in 1901. In the year of his retirement, he remarries Florence Henrietta Gore, widow of Edward Croker. He has no children. James Joyce remarks in Ulysses that his second marriage at the age of 85 infuriates his nephew, who had been waiting patiently for years to inherit his money.
Despite his many years of service on the Bench, Chatterton does not seem to be highly regarded as a judge. On his retirement the Bar pays tribute to his good qualities but adds several qualifications: “there might have been on the Bench lawyers more profound, reasoners more acute…” In his first decade on the Bench, Chatterton has to endure the continual denigration of Jonathan Christian, the Lord Justice of Appeal in Chancery. Christian is notoriously bitter-tongued, and while he despises most of his colleagues, he seems to have a particular dislike of Chatterton. He regularly votes on appeal to overturn his judgments, and frequently adds personal insults. Nor does he confine his attacks to the courtroom: there is controversy in 1870 when remarks of Christian that Chatterton is “lazy, stupid, conceited and so incompetent that he ought to be pensioned off” find their way into The Irish Times. The hint about pensioning off Chatterton is not taken up, no doubt because he enjoys the confidence of the Lord Chancellor of Ireland, Thomas O’Hagan, 1st Baron O’Hagan, who is also on bad terms with Christian. In an appeal from Chatterton in 1873, the two appeal judges clash publicly, with O’Hagan reprimanding Christian for insulting a judge who is not there to defend himself.
Chatterton becomes involved in controversy in 1885, over the first attempt to rename Sackville Street to O’Connell Street. Dublin Corporation votes for the name change, but it arouses considerable objections from local residents, one of whom seeks an injunction. Chatterton grants the injunction on the ground that the corporation has exceeded its statutory powers. Rather unwisely, he also attacks the merits of the decision, accusing the Corporation of “sentimental notions.” The corporation is angered by both the decision and the criticisms: while it may have been a coincidence, the fact that Temple Street is briefly renamed Chatterton Street is interpreted by some as an insult to the judge, since the street is much frequented by prostitutes. The controversy is short-lived as the corporation is granted the necessary statutory powers in 1890, and the new name becomes official in 1924, by which time it has gained popular acceptance.
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.
Bowes epitomizes the severity of the 18th century Penal Laws against Irish Catholics when he rules, in about 1759, that: “The law does not suppose any such person to exist as an Irish Roman Catholic, nor could such a person draw breath without the Crown’s permission”. Such views, given that Roman Catholics make up more than 90% of the Irish population at the time, inevitably make him bitterly unpopular, and in 1760 he is assaulted during a riot outside the House of Commons.
In spite of his religious bigotry, Bowes is considered one of the outstanding judges of his time. In particular, he is a reforming Lord Chancellor, who is praised for making the Court of Chancery “a terror for fraud, and a comfort and protection for honest men”. As Attorney-General he shows considerable courage in going on assize during the Irish Famine (1740–1741) despite the infectious fever which is raging at the time, and which claims the lives of three other judges who decide to brave the dangers.
Bowes is considered one of the finest speakers of his time. His speech for the prosecution at the trial of Henry Barry, 4th Baron Barry of Santry, who is charged with murder in 1739, is described by those who hear it as a masterpiece of eloquence and logic, and leads to the Irish House of Lords bringing in a unanimous verdict of guilty against Santry.
Bowes dies in Dublin on July 22, 1767, his mental faculties fully intact despite his bodily infirmities. He is buried in Christ Church Cathedral, Dublin, where his brother raises a memorial to him. He never marries, and his title becomes extinct on his death. He lives at Belvedere House, Drumcondra. His estates passes to his brother Rumsey Bowes of Binfield, Berkshire.
seamus dubhghaill 