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Lord Chief Justice of Ireland

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Former senior judge role in Ireland

Not to be confused withChief Justice of the Irish Common Pleas.

**The Four Courts**
The headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there.

TheCourt of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts ofcommon law in Ireland. It was a mirror of theCourt of King's Bench in England. TheLord Chief Justice was the most senior judge in the court, and the second most senior Irish judge under English rule and later when Ireland became part of the United Kingdom. Additionally, for a brief period between 1922 and 1924, the Lord Chief Justice of Ireland was the most senior judge in theIrish Free State.

History of the position

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The office was created during theLordship of Ireland (1171–1536) and continued in existence under theKingdom of Ireland (1536–1800) and theUnited Kingdom of Great Britain and Ireland. Prior to theSupreme Court of Judicature Act (Ireland) 1877, the Lord Chief Justice presided over the Court of King's/Queen's Bench, and as such ranked foremost amongst the judges sitting at common law. After 1877, the Lord Chief Justice assumed the presidency of the Queen's Bench Division of the new High Court of Justice, which sat permanently in theFour Courts inDublin.

Thomas Lefroy, later Lord Chief Justice of Ireland (LCJ 1852–1866), was used byJane Austen as the model for herPride and Prejudice characterMr. Darcy. Lefroy and Austen had had a romance in their youths. Other prominent Lord Chief Justices of Ireland include Lord Whiteside (LCJ 1866–1876), who as aQueen's Counsel had defended Irish nationalist leaderDaniel O'Connell in court,Gerald FitzGerald, 3rd Earl of Desmond,Hugh de Lacy,Risteárd de Tiúit, John Doherty,Thomas Marlay, James Ley,Peter O'Brien, andJames Henry Mussen Campbell, 1st Baron Glenavy (LCJ 1916–1918, later Chairman ofSeanad Éireann and grandfather of the satiristPatrick Campbell). One Lord Chief Justice, Lord Kilwarden, was killed by a crowd duringRobert Emmet's 1803 rebellion.

Abolition of the position

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The abolition of the position ofLord Chief Justice of Ireland was originally envisaged in a draft of theGovernment of Ireland Bill 1920. The Bill originally proposed that theLord Chief Justice of Ireland would become theLord Chief Justice of Southern Ireland. However, the then incumbent, SirThomas Molony, 1stBaronet, vigorously lobbied for the right to continue to hold the title even after the Bill was passed. Ultimately, his arguments were at least in part accepted: The Act, in its transitional provisions, provided that while he would in effect be the first Lord Chief Justice of Southern Ireland, his title remained that ofLord Chief Justice of Ireland, although this was a transitional provision and was not a right to be enjoyed by his successors.^[1]

Subsequently, the highest-ranking judicial posting in Ireland, that ofLord Chancellor of Ireland, was abolished in December 1922.^[2] This left the office of the Lord Chief Justice of Ireland as the most senior judge in theIrish Free State but not for very long. TheConstitution of the Irish Free State adopted in December 1922 clearly envisaged the early establishment of new courts for the nascent state and the abolition of the position of the Lord Chief Justice of Ireland.^[3] However, this only took place when the Courts of Justice Act 1924 was finally adopted. Under that Act, the position of theChief Justice of the Irish Free State superseded the position of Lord Chief Justice of Ireland as the highest judicial office in the Irish Free State.^[4]

In what becameNorthern Ireland, the position was superseded by the position ofLord Chief Justice of Northern Ireland.^[5]

List of holders

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Date	Name	Notes	Left office
1324-7	Nicholas Fastolf, knight	(1st term)
1327-8	Henry de Hambury	FromHanbury, Worcestershire
1328-30	Nicholas Fastolf, knight	(2nd term)
1330-1	Elias de Asshebournham, knight	(1st term)
1331-2	Peter Tilliol, knight	Born atScaleby Castle,Cumberland
1332-3	Thomas Louth	FromLouth, Lincolnshire (1st term)
1333-4	Robert de Scardeburgh	("but probably did not act")
1334-7	Thomas Louth	(2nd term)
1337	Elias de Asshebournham, knight	(2nd term)
1337	Thomas Louth	(3rd term)
1337-8	Elias de Asshebournham, knight	(3rd term)
1338	Thomas Louth	(4th term)
1338-41	Elias de Asshebournham	(4th term)
1341-4	Thomas de Dent	Patronymic derived fromDent, Yorkshire
1344-5	Robert de Scardeburgh	FromScarborough, North Yorkshire (only substantive term)
1345-6	John le Hunt	Born inFenny Stratford,Buckinghamshire
1346	Henry de Motlowe, knight	Possibly connected toMobberley or Motburlege, Cheshire
1346-51	John de Rednesse	FromReedness, Yorkshire (1st term)
1351-4	Godfrey de Foljambe, knight	Born inTideswell,Derbyshire
1354-6	John de Rednesse	(2nd term)
1356	Richard de Wirkeley	Prior of the Order ofHospitallers in Ireland - possibly connected toWakefield, Yorkshire
1356-9	John de Rednesse	(3rd term)
1359	William le Petit
1359-61	John de Rednesse	(4th term)
1361-3	William de Notton, knight	FromNotton, Yorkshire
1363-5	Richard White	From Clongill, County Meath
1365-7	Thomas de la Dale, knight	Born inLittle Barford,Bedfordshire
1367-70	John Keppock, or Keppok	(1st term)
1370-2	William de Skipwith, knight	Family originally fromSkipwith, Yorkshire
1372–82	John Keppock, or Keppok	(2nd term)
1382	SirThomas Mortimer, knight	Family originally fromMortemer, Seine-Maritime, Normandy
1384	John de Sotheron	Born atGreat Mitton,Lancashire
1385	John Penros	Born inEscalls,Cornwall
1386	Edmund de Clay	From the common pleas^[6]^[7]
1388, 10 July	Richard Plunkett	Of a leadingAnglo-Irish family with branches inCounty Meath andCounty Louth
1388, 23 September	Peter Rowe	(1st term)
1395	William Hankford	From Hankford in the parish ofBulkworthy, Devon
1396	William Tynbegh, clerk	Family originally fromTenby, Pembrokeshire
1397	Peter Rowe	(2nd term)
1397	Stephen de Bray	(1st term) From the common pleas - family possibly fromBray, County Wicklow
1404	Richard Rede	From the Exchequer
1406	Stephen de Bray	(2nd term)
1426	Henry Fortescue
1429	Stephen de Bray	(3rd term)
1435	Christopher Bernevall, or Barnewall	2nd justice
1437	William Boys
1437	Christopher Bernevall, or Barnewall	(2nd term)
1446	Richard Bye
1447	Robert Plunket
1447	Sir James Alleyn
1457	Nicholas Barnewall	(1st term)
1461	SirThomas Fitz-Christopher Plunket	(1st term)
1461	Nicholas Barnewall	(2nd term)
1463 (or before)	SirThomas Fitz-Christopher Plunket	(2nd term)
1468	John Chevir	FromKilkenny. FormerMaster of the Rolls in Ireland.
1474	Philip Bermingham	(d 1490, buriedSt. Mary's Abbey, Dublin)
1490	Thomas Cusacke
1494	Thomas Bowring	Family from Bowringsleigh,Devon
1496	John Topcliffe	From the Exchequer
1513	Patrick Bermingham
1521	Patrick Bermingham	By a new patent
1533	SirBartholomew Dillon, knight	2nd justice, from the Exchequer	Died same year^[8]
1534	Patrick Finglas	From the Exchequer
1535	SirGerald Aylmer	From the Exchequer^[9]
1559	John Plunket
1562	John Plunket	By a new patent
1583	James Dowdall
1586	Robert Gardiner	Serjeant-at-law in England
1604	SirJames Ley	Afterwards Earl of Marlborough: resigned
1608	SirHumphrey Winch, knight	Chief Baron; from the Exchequer	Made a Justice of the Common Pleas of England
1612	SirJohn Denham, knight	Chief Baron, from the Exchequer
1617	SirWilliam Jones, knight	Serjeant-at-law
1620	SirGeorge Shurley, or Shirley, knight	Serjeant-at-law (d.1647)^[10]
1655	Richard Pepys	Under the Protectorate – died 2 January 1659
1659	John Santhey	19 Jan pro tem on Pepys' death^[11]
1659	William Basill	Attorney general; 24 Jan
1660^[12]	SirJames Barry, knight	Afterwards Lord Santry
1673^[12]	SirJohn Povey, knight	From the Exchequer
1679^[12]	SirRobert Booth, knight		Died the next year
1681^[12]	SirWilliam Davys, knight	Prime serjeant
1687^[12]	Thomas Nugent		Removed
1690^[12]	Sir Richard Reynell, 1st Baronet		Dismissed
1695^[12]	SirRichard Pyne	Chief Justice of the Common Pleas
1709^[12]	Alan Brodrick		Removed
1711^[12]	Sir Richard Cox, 1st Baronet		Removed
1714^[12]	William Whitshed		Removed to the Common Pleas
1727^[12]	John Rogerson	Previouslyattorney general	Died in office 1741
1741^[12]	Thomas Marlay	Previously Chief Baron of the Exchequer	Retired 1751
1751^[12]	St George Caulfeild	Previously attorney general	Retired 1760
1760^[12]	Warden Flood	Previously attorney general	Died in office 1764
1764^[12]	John Gore, later Lord Annaly	Previouslysolicitor general; 24 Aug	Died in office 1784
1784^[12]	John Scott	Previously Prime serjeant; Created Lord Earlsfort, afterwards Viscount andEarl of Clonmell; 29 Apr	Died in office 1798
1798^[12]	Arthur Wolfe, Lord Kilwarden	Previously attorney-general; 13 June	Murdered 23 July 1803
1803^[12]	William Downes	Previously a judge of the Court of King's Bench; afterward 1stBaron Downes; 12 Sep	Retired 1822
1822^[12]	Charles Kendal Bushe	Previously solicitor general from 1805; 14 Feb	Retired 1841
1841^[12]	Edward Pennefather	Previously solicitor general; 10 Nov	Retired 1846
1846^[12]	Francis Blackburne	Previously Master of the Rolls; 21 Jan	Became Lord Chancellor 1852
1852^[12]	Thomas Langlois Lefroy	Previously a Baron of the Exchequer	Retired 1866
1866^[12]	James Whiteside	Former attorney-general	Died in office 1876
1877^[12]	George Augustus Chichester May	Previously attorney-general	Retired 1887
1887^[12]	Michael Morris	Previously Chief Justice of the Common Pleas	BecameLord of Appeal in Ordinary 1889
1889^[12]	Peter O'Brien	Previously attorney-general	Retired 1913
1913^[12]	Richard Robert Cherry	Previously a Lord Justice of Appeal	Retired 1916
1916^[12]	James Henry Mussen Campbell	Previously attorney-general	Became Lord Chancellor 1918
1918–1924^[12]	Thomas Molony	Previously a Lord Justice of Appeal	Position abolished

Sources

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List fromLiber Munerum Publicorum Hiberniae, by Rowley Lascelles, copied in Haydn's Book of Dignities
Names from 1852 onwards fromThe Oxford Companion to Law, ed David M. Walker, 1980
Francis Elrington BallThe Judges in Ireland 1221–1921 2 Vols (John Murray London 1926)

References

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^For a thorough account, see: W.N. Osborough,Studies in Irish Legal History, Four Courts Press 1999, pp 318–326.
^Schedule II, Part II, Irish Free State Consequential Provisions Act 1922, a United Kingdom statute.
^Article 75, Constitution of the Irish Free State (Saorstát Éireann) Act 1922.
^Section 5, Courts of Justice Act 1924.
^"Constitutional Reform Act 2005".Archived from the original on 28 September 2019. Retrieved2 September 2021.
^For holders of the office of Lord Chief Justice, the period 1383–86 seems to have been one of great confusion, and it is not clear whether all those nominated actually took up the position – see BallThe Judges in Ireland .
^Haydn's Book of Dignities says that "John de Shriggeley, from the Exchequer" served at this point, but Elrington Ball's 'Judges in Ireland', P157 does not mention him
^Date from Ball, F. Elrington The Judges in Ireland 1221–1921 John Murray London 1926, P191 – although Haydn's Book of Dignities says that he took office in 1532
^Date from Ball, F. Elrington The Judges in Ireland 1221–1921 John Murray London 1926, P156 – although Haydn's Book of Dignities says that he took office in 1546
^date from Ball, F. ElringtonThe Judges in Ireland 1221–1921 (London 1926), p.328 – although Haydn's Book of Dignities says that he took office in 1619
^Robert Dunlop,'Ireland under the Commonwealth' Vol 2, P 470n
^^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l ^m ⁿ ^o ^p ^q ^r ^s ^t ^u ^v ^w ^x ^y ^z ^aa ^ab ^acWalker, David M., The Oxford Companion to Law, Appendix I, list of Chief Justices of the Upper Bench or King's (or Queen's) Bench in Ireland, 1660–1924, pp. 1351–1352.

External links

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v t e Irish Courts before 1922
Overview	Four Courts Supreme Court of Judicature Act (Ireland) 1877
Courts to 1877 with presiding judges	Court of Chancery (Lord Chancellor) Court of King's Bench (Lord Chief Justice) Court of Common Pleas (Chief Justice of the Common Pleas) Court of Exchequer (Chief Baron of the Irish Exchequer)
Courts 1877–1922 with presiding judges	Court of Appeal (Lord Chancellor) High Court of Justice (Lord Chief Justice)

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4. In 1931, Canada and other Britishdominions obtained self-government through theStatute of Westminster. SeeCanada's name.
5. Gave upself-rule in 1934, but remained ade jure Dominion until itjoined Canada in 1949.

Africa

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Since 1658Saint Helena¹⁴ 1792–1961Sierra Leone 1795–1803Cape Colony	Since 1815Ascension Island¹⁴ Since 1816Tristan da Cunha¹⁴ 1806–1910Cape Colony 1807–1808Madeira 1810–1968Mauritius 1816–1965The Gambia 1856–1910Natal 1868–1966Basutoland (Lesotho) 1874–1957Gold Coast (Ghana) 1882–1922Egypt	1884–1966Bechuanaland (Botswana) 1884–1960British Somaliland 1887–1897Zululand 1890–1962Uganda 1890–1963Zanzibar (Tanzania) 1891–1964Nyasaland (Malawi) 1891–1907British Central Africa Protectorate 1893–1968Swaziland 1895–1920East Africa Protectorate 1899–1956Anglo-Egyptian Sudan	1900–1914Northern Nigeria 1900–1914Southern Nigeria 1900–1910Orange River Colony 1900–1910Transvaal Colony 1903–1976Seychelles 1906–1954Nigeria Colony 1910–1931South Africa 1914–1954Nigeria Colony and Protectorate 1915–1931South West Africa (Namibia) 1919–1960Cameroons (Cameroon)⁶ 1920–1963Kenya 1922–1961Tanganyika (Tanzania)⁶ 1923–1965Southern Rhodesia (Zimbabwe)⁷ 1924–1964Northern Rhodesia (Zambia) 1953–1963Federation of Rhodesia and Nyasaland 1954–1960Nigeria 1979–1980Southern Rhodesia (Zimbabwe)⁷

6.League of Nations mandate.
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History of the position

Abolition of the position

List of holders

Sources

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