TheAttorney-General for Ireland was anIrish and then, from 1801 under theActs of Union 1800, United Kingdom government office-holder. He was senior in rank to theSolicitor-General for Ireland: both advisedthe Crown on Irish legal matters. With the establishment of theIrish Free State in 1922, the duties of the Attorney-General and Solicitor-General for Ireland were taken over by theAttorney Generalof Ireland. The office of Solicitor-General for Ireland was abolished at the same time for reasons of economy. This led to repeated complaints from the first Attorney General of Ireland,Hugh Kennedy, about the "immense volume of work" which he was now forced to deal with single-handedly.[1]
The first record of the office of Attorney General for Ireland, some 50 years after the equivalent office was established in England, is in 1313, when Richard Manning or Mannyn was appointed King's Attorney, or "King's Serjeant who follows the pleas" (the title Attorney General was not used until the 1530s),[2] at a salary of 5 marks a year. The Attorney General was initially junior to theserjeant-at-law, but since the titles King's Serjeant and King's Attorney were often used interchangeably, as in the case of Richard Manning, it can be difficult to establish who held which office at any given time.[2] Thomas Dowdall, for example, like Manning before him, was called Serjeant-at-law and King's Attorney in the 1460s at almost the same time.[3] Early holders of the office, including Manning, were permitted to take private clients.[2] Manning is on record as acting as attorney for Meiler Kendal in 1310, prior to his appointment as Attorney-General.[4] Casey states that the records cast very little light on the duties of the Attorney-General in the early years, possibly a reflection of his inferior status compared to the Serjeant-at-law.[2]
There are at least two references to a Deputy Attorney-General.[5] The first was in 1385, when Robert Hemynborough, or de Hemynborgh, was appointed Attorney-General "with power to appoint a Deputy".[6] Two centuries later,Edward Butler, who became Attorney-General in 1582, had acted as Deputy from 1578 to 1580.[5] Apart from these two examples, there is no evidence that the Deputy Attorney-General was a permanent position, nor do we know why it was considered necessary to appoint Butler to this office (pressure of work may be the explanation).
The early Attorneys-General might be licensed to appear in certain courts only. William Rouse (1342), Peter de Leycestre (1357), William Lynnoor (1359),Henry Mitchell (1372) and John Barry (1401) were all given apatent to plead in theCourt of Common Pleas and theCourt of Exchequer.[6] John White was described in 1426 as "King's Attorney in theKing's Bench and the Exchequer".[7] Robert le Hore in 1379 was appointed King's Attorney to plead "before the justices of the Bench (this was not the Couurt of Bench but an early name for the Court of Common Pleas) and theTreasurer and chamberlains of theExchequer".[8] In 1499Clement Fitzleones, less typically, was appointed "King's Attorney in all Courts".[9] The Serjeant-at-law, by contrast, was generally licensed to appear in all the Royal Courts, although John Haire in 1392 was described as "Serjeant-at-law of our Lord the King in the Common Pleas".[3]
Perhaps because the Attorney-General was in the earlier centuries junior to the Serjeant-at-law, some holders of the office were probably not as highly qualified as the Serjeant.Thomas Archbold (or Galmole), appointed Attorney-General in 1478, was agoldsmith by profession, and, perhaps more suitably, was also Master of theRoyal Mint in Ireland.
In 1537 there was a short-lived attempt, following the report of aroyal commission, to expand the role of the Attorney General, and abolish the office of King's Serjeant. The proposal was defeated largely through the firm opposition of the Serjeant-at-law,Patrick Barnewall, who argued that pleading cases on behalf of the Crown was and always had been the proper task of the Serjeant-at-law: "the King's Serjeant has always used to maintain the Pleas.... for this two hundred years and more". Why the more junior office was favoured over the much longer-established office of Serjeant is not clear.
From the early 1660s, due largely to the personal prestige of SirWilliam Domville (AG 1660–1686), the Attorney General became the chief legal adviser to the Crown. In certain periods, notably during the reign ofElizabeth I, who thought poorly of most of her Irish-born law officers, the English Crown adopted a policy of choosing only English lawyers for this office, and also the Solicitor-General.[2] Her successor KingJames I in 1620, on the appointment of SirWilliam Ryves, noted that the Attorney-General and Solicitor-General "have always been of the King's choice and special nomination",[6] and that they were the Crown servants in whom the King places, above his other learnedcounsel and officers of the Court: "his more special trust regarding the preservation of his revenue and possessions". It is interesting that the King here seems to place the Attorney and the Solicitor above the Serjeant-at-law in importance.[6]
The Attorney-General, in later centuries at least,[2] was always a member of thePrivy Council of Ireland (in earlier centuries as a rule only the Serjeant-at-law attended the Council, butStephen Roche, Attorney General 1441–44, attended theGreat Council of 1441).[2]
A strong Attorney, likePhilip Tisdall,William Saurin, orFrancis Blackburne, could exercise great influence over the Dublin administration. Tisdall (AG 1760–1777), was for much of his tenure as Attorney General also the Government leader in theIrish House of Commons, and a crucial member of the administration. Saurin (AG 1807–1822) was regarded for many years as the effective head of the Dublin Government, until his career was ended by his opposition toCatholic emancipation.[2] In 1841 Blackburne (AG 1830–1834, 1841–1842), on being challenged about a proposed appointment within his own office, said firmly that he "would nottolerate a refusal to ratify the appointment".[10]
The office of Attorney General was described as being "a great mixture of law and general political reasoning".[10]
| Name | Term of office | Reason for leaving office | |
|---|---|---|---|
| William Tynbegh | 20 January 1400, having stepped down as a judge[a][18] | ||
| John Barry | appointed 16 February 1401;[a][19] | still in office in 1404[20] | |
| Robert de Hemynborough | appointed for a second term in 1407, in the same manner as KingRichard II had previously granted the office to him.[21] | ||
| John Whyte or White | appointed 20 August 1412[22] re-appointed 4 October 1413[23] re-appointed 19 October 1422;[a][24] | still in office 1426, when he was described as "the King's Attorney in the Exchequer"[7] | |
| Stephen Roche | 1441 | ||
| William Sutton | 1444[25] | ||
| Robert FitzRery | 1450[26] | ||
| Thomas Dowdall | 1463[b] | ||
| Nicholas Sutton | 1471 or 1472[27][28] | ||
| Thomas Archbold | 1478[29] | ||
| Thomas Cusacke | 1480[30] | ||
| Walter St. Lawrence | 1491[31][32] | ||
| Clement Fitzleones | 1499[33][34][35] | By 1505 | Appointed asKing's Serjeant[35] |
incomplete - Smyth in his bookChronicle of the Irish Law Officers (London, 1839) noted that the destruction of many State records made it impossible to compile a full list of holders of the office. With the exception of one roll for the 6th year of Henry VIII (1514–5), the patent rolls for the reign of that monarch were extant from the 22nd year of his reign (1530–31), at the time of the Four Courts fire in 1922.[36][37]
| Name | Portrait | Term of office | Reason for leaving office | |
|---|---|---|---|---|
| John Barnewall, 3rd Baron Trimlestown | 1504 | 1504 | Appointed asSolicitor-General for Ireland andKing's Serjeant | |
| Nicholas Fitzsimons | 1504 or later[38] | 1514 | Appointed third Baron of the Exchequer | |
| Unknown | ||||
| Thomas St. Lawrence | 18 August 1532[a][39] | 12 August 1535 [c][a][40][41] | Appointed as a Judge of theCourt of King's Bench (Ireland) | |
| Robert Dillon | August 1535[a] | 17 January 1554 [c][a][42][43] also[44][45] | Appointed as a Judge of theCourt of King's Bench (Ireland) | |
| Barnaby Skurloke or Skurlog | 1554[a][46][47][48] re-appointed 26 January 1559[49][50] | 1559 | Dismissed | |
| James Barnewall | 3 September 1559[a][51] | |||
| Lucas Dillon | 8 November 1566[a][52] | 17 May 1570 [c][d][53] | Appointed asChief Baron of the Irish Exchequer | |
| Edward Fitz-Symon | 4 June 1570[a][54] | 21 February 1574 [c][a][55] | Appointed asKing's Serjeant | |
| John Bathe | 21 February 1574[a][56] | 1577 | Removed from office | |
| Thomas Snagge | 13 September 1577[d][57] | 1580[58] | "returned to England in 1580, when he was appointed serjeant-at-law"[59] | |
| Christopher Flemyng, or Fleming | 9 September 1580[a][60] | Death | ||
| Edmund or Edward Butler | 8 August 1582[a][61] | 20 September 1583 [c][a][62] | Appointed as a Judge of theCourt of Queen's Bench (Ireland) | |
| Charles Calthorpe, afterwards Sir Charles | 22 June 1584[a][63] | 19 April 1606 [c][d] | Appointed as a Judge of theCourt of Common Pleas (Ireland) | |
| Name | Portrait | Term of office | Reason for leaving office | |
|---|---|---|---|---|
| Sir John Davys or Davies MP forCounty Fermanagh (1613) |  | 19 April 1606[d] | 1619 | Resigned |
| Sir William Ryves | 30 October 1619[a] | 7 August 1636 [c][d] | Appointed as a Judge of theCourt of King's Bench (Ireland) | |
| Richard Osbaldeston of Gray's Inn | 7 August 1636[d] | June 1640 | Death | |
| Sir Thomas Tempest | 20 July 1640[d] | |||
| William Basil | 18 July 1649[a] | 24 January 1659[c] | Appointed asChief Justice of the Upper Bench for Ireland | |
| Robert Shapcote | March 1659 | May 1659 | Deprived of the position when theRump Parliament was restored | |
| Unknown | May 1659 | February 1660 | ||
| Robert Shapcote | February 1660[e] | May 1660 | Elected as MP forTiverton in theParliament of England in theConvention Parliament (1660), which assembled for the first time on 25 April 1660. | |
| SirWilliam Domville MP forCounty Dublin (1661-66) | 23 June 1660[a] | Retired | ||
| SirRichard Nagle MP forCounty Cork (1689) | 31 December 1686[d] | 3 October 1691[f][g] | Jacobite Ireland ceased to exist due to theTreaty of Limerick | |
| Sir John Temple | 30 October 1690[d][h] | Retired | ||
| Robert Rochfort MP forCounty Westmeath |  | 10 May 1695[d] | 12 June 1707 [c][d] | Appointed asChief Baron of the Irish Exchequer |
The office was vacant from 16 November 1921[86] and succeeded by theAttorney General of the Irish Free State on 31 January 1922. The office ofAttorney General for Northern Ireland had been created in June 1921.
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