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Birth of Whitley Stokes, Irish Lawyer & Celtic Scholar

Whitley Stokes, CSI, CIE, FBA, Irish lawyer and Celtic scholar, is born at 5 Merrion Square, Dublin, on February 28, 1830.

Stokes is a son of William Stokes (1804–78), and a grandson of Whitley Stokes, a physician and anti-Malthusian (1763–1845), each of whom is Regius Professor of Physic at Trinity College Dublin (TCD). His sister, Margaret Stokes, is a writer and archaeologist.

Stokes is educated at St. Columba’s College where he is taught the Irish language by Denis Coffey, author of Primer of the Irish Language. Through his father he comes to know the Irish antiquaries Samuel Ferguson, Eugene O’Curry, John O’Donovan and George Petrie. He enters Trinity College Dublin in 1846 and graduates with a BA in 1851. His friend and contemporary Rudolf Thomas Siegfried (1830–63) becomes assistant librarian at TCD in 1855, and the college’s first professor of Sanskrit in 1858. Stokes likely learns both Sanskrit and comparative philology from Siegfried, thus acquiring a skill-set rare among Celtic scholars in Ireland at the time.

Stokes qualifies for the bar at Inner Temple. His instructors in the law are Arthur Cayley, Hugh McCalmont Cairns, and Thomas Chitty. He becomes an English barrister on November 17, 1855, practicing in London before going to India in 1862, where he fills several official positions. In 1865 he marries Mary Bazely by whom he has four sons and two daughters. One of his daughters, Maïve, compiles a book of Indian Fairy Tales in 1879 when she is 12 years old, based on stories told to her by her Indian ayahs and a man-servant. It also includes some notes by Mrs. Mary Stokes. Mary dies while the family is still living in India. In 1877, Stokes is appointed legal member of the viceroy’s council, and he drafts the codes of civil and criminal procedure and does much other valuable work of the same nature. In 1879 he becomes president of the commission on Indian law. Nine books he writes on Celtic studies are published in India. He returns to settle permanently in London in 1881 and marries Elizabeth Temple in 1884. In 1887 he is made a Companion of the Order of the Star of India (CSI), and two years later an Order of the Indian Empire (CIE). He is an original fellow of the British Academy, an honorary fellow of Jesus College, Oxford and foreign associate of the Institut de France.

Stokes is perhaps most famous as a Celtic scholar, and in this field he works both in India and in England. He studies Irish, Breton and Cornish texts. His chief interest in Irish is as a source of material for comparative philology. Despite his learning in Old Irish and Middle Irish, he never acquires Irish pronunciation and never masters Modern Irish. In the hundred years since his death he continues to be a central figure in Celtic scholarship. Many of his editions have not been superseded during this time and his total output in Celtic studies comes to over 15,000 pages. He is a correspondent and close friend of Kuno Meyer from 1881 onwards. With Meyer he establishes the journal Archiv für celtische Lexicographie and is the co-editor, with Ernst Windisch, of the Irische Texteseries. In 1876 his translation of Vita tripartita Sancti Patricii, along with a written introduction, is published.

In 1862 Stokes is awarded the Cunningham Medal by the Royal Irish Academy.

Stokes dies at his London home, 15 Grenville Place, Kensington, on April 13, 1909, and is buried in Paddington Old Cemetery, Willesden Lane, where his grave is marked by a Celtic cross. Another Celtic cross is erected as a memorial to him at St. Fintan’s Cemetery, Sutton, Dublin. The Gaelic League newspaper An Claidheamh Soluis calls him “the greatest of the Celtologists” and expresses pride that an Irishman has excelled in a field which is at that time dominated by continental scholars. In 1929 the Canadian scholar James F. Kenney describes him as “the greatest scholar in philology that Ireland has produced, and the only one that may be ranked with the most famous of continental savants.”

A conference entitled “Ireland, India, London: The Tripartite Life of Whitley Stokes” takes place at the University of Cambridge on September 18-19, 2009. The event is organised to mark the centenary of Stokes’s death. A volume of essays based on the papers delivered at this conference, The Tripartite Life of Whitley Stokes (1830–1909), is published by Four Courts Press in autumn 2011.

In 2010 Dáibhí Ó Cróinín publishes Whitley Stokes (1830–1909): The Lost Celtic Notebooks Rediscovered, a volume based on the scholarship in Stokes’s 150 notebooks which had been resting unnoticed at the Leipzig University Library, Leipzig since 1919.


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Death of Sir James Shaw Willes

Sir James Shaw Willes, a judge of the English Court of Common Pleas, kills himself at his residence near Watford, Hertfordshire, England, on October 2, 1872, while suffering a nervous breakdown.

Willes is born on February 13, 1814, in Cork, County Cork, the eldest among six children of James Willes, physician, and his wife, Elizabeth Aldworth, daughter of John Shaw, mayor of Cork in 1792. Educated at Dr. Porter’s school in Cork and Trinity College Dublin (TCD), he graduates BA in 1836, having entered the King’s Inns the previous year. In 1837, he goes to London and joins the Inner Temple as a pupil of the noted barrister Thomas Chitty (1802–78), in whose chambers he remains as a salaried assistant and special pleader before being called to the English bar on June 12, 1840. The Willes and Chitty families are connected, and James’s younger sister, Mary, later marries Thomas Chitty’s son.

Willes joins the home circuit, though his practice is chiefly in London in mercantile and maritime law. A leading junior in the Court of Exchequer, he holds the post of tubman from 1851, an honorary position in the gift of the Lord Chief Baron. Known for his erudition, he is persuaded to edit, with Sir Henry Singer Keating, the third and fourth editions of John William Smith‘s Leading Cases (1849, 1856). In 1850, his reputation is such that he is appointed one of the commissioners to draft the common law procedure bill (1854) and is credited with having effected most of the reform therein. On July 3, 1855, he is appointed judge of the Court of Common Pleas, though he has not yet taken silk and is only 41, the youngest lawyer but one to have been appointed to the bench since 1778.

A classical scholar and linguist who knows oriental as well as European languages, who travels widely, loves poetry, and frequents literary men, and whose judgments are clear and philosophical, Willes is accounted among the best common law judges of his day, and is celebrated for the simplicity and lucidity of his style. Notable judgments include Esposito v. Bowden (1857), which lays down that the force of a declaration of war is equal to that of an act of parliament prohibiting commercial transactions with the enemy. In the law of torts, he gives an oft-cited judgment in the case of Indermaur v. Dames (1866), which has been accepted almost as statutory, on the liability of the occupier of a building for the safety of a visitor. In 1868, as one of the first judges appointed to try election petitions, he lays down the rules of practice generally followed afterward. A strong British patriot, he serves in the Inns of Court Volunteers from 1859 until shortly before his death.

On November 3, 1871, Willes is sworn of the privy council. However, his health has deteriorated through overwork and an emotional temperament, and he has long suffered heart disease and gout. In August 1872, after a heavy assize at Liverpool, he returns to his house, Otterspool, Watford, Hertfordshire, and succumbs to a nervous breakdown, which leads to his shooting himself on October 2, 1872. He is buried on October 7 at Brompton Cemetery in London. He is survived fifteen years by his wife, Helen, daughter of Thomas Jennings of Cork, whom he married on May 17, 1856. There have no children.

A tall, reserved man, with a prominent nose and sad eyes, Willes has great affection for children and animals and is singularly emotional. He is known to return to his room and shed tears before passing sentence on a criminal. He never loses his Irish accent. His marriage is allegedly unhappy, as he had been forced into it after he had fallen out of love. Sir Frederick Pollock (1845–1937), author of the magisterial History of English Law before the Time of Edward I and sometime marshal to Willes, dedicates to him his first textbook on torts in 1879, writing that he was “one of those whose knowledge is radiant and kindles answering fire.” A century later, A. W. B. Simpson maintains that “his reputation as a jurist will last as long as the law reports of England are read.”

(From: “Willes, Sir James Shaw” by Bridget Hourican, Dictionary of Irish Biography, http://www.dib.ie, October 2009)