Lord Chief Justice of Ireland

**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.

The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord 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 the Irish Free State.

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History of the position

The office was created during the Lordship of Ireland (1171–1536) and continued in existence under the Kingdom of Ireland (1536–1800) and the United Kingdom of Great Britain and Ireland. Prior to the Supreme 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 the Four Courts in Dublin.

Thomas Lefroy, later Lord Chief Justice of Ireland (LCJ 1852–1866), was used by Jane Austen as the model for her Pride and Prejudice character Mr. 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 a Queen's Counsel had defended Irish nationalist leader Daniel 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, and James Henry Mussen Campbell, 1st Baron Glenavy (LCJ 1916–1918, later Chairman of Seanad Éireann and grandfather of the satirist Patrick Campbell). One Lord Chief Justice, Lord Kilwarden, was killed by a crowd during Robert Emmet's 1803 rebellion.

Abolition of the position

The abolition of the position of Lord Chief Justice of Ireland was originally envisaged in a draft of the Government of Ireland Bill 1920. The Bill originally proposed that the Lord Chief Justice of Ireland would become the Lord Chief Justice of Southern Ireland. However, the then incumbent, The Rt. Hon. Sir Thomas Molony, 1st Bt., 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 of Lord 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 of Lord 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 the Irish Free State but not for very long. The Constitution 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 the Chief 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 became Northern Ireland, the position was superseded by the position of Lord Chief Justice of Northern Ireland.^[5]

List of holders

Date	Name	Notes	Left Office
1324-7	Nicholas Fastolf, knight	(1st term)
1327-8	Henry de Hambury	From Hanbury, Worcestershire
1328-30	Nicholas Fastolf, knight	(2nd term)
1330-1	Elias de Asshebournham, knight	(1st term)
1331-2	Peter Tilliol, knight	Born at Scaleby Castle, Cumberland
1332-3	Thomas Louth	From Louth, 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 from Dent, Yorkshire
1344-5	Robert de Scardeburgh	From Scarborough, North Yorkshire (only substantive term)
1345-6	John le Hunt	Born in Fenny Stratford, Buckinghamshire
1346	Henry de Motlowe, knight	Possibly connected to Mobberley or Motburlege, Chesire
1346-51	John de Rednesse	From Reedness, Yorkshire (1st term)
1351-4	Godfrey de Foljambe, knight	Born in Tideswell, Derbyshire
1354-6	John de Rednesse	(2nd term)
1356	Richard de Wirkeley	Prior of the Order of Hospitallers in Ireland - possibly connected to Wakefield, 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	From Notton, Yorkshire
1363-5	Richard White	From Clongill, County Meath
1365-7	Thomas de la Dale, knight	Born in Little Barford, Bedfordshire
1367-70	John Keppock, or Keppok	(1st term)
1370-2	William de Skipwith, knight	Family originally from Skipwith, Yorkshire
1372–82	John Keppock, or Keppok	(2nd term)
1382	Sir Thomas Mortimer, knight	Family originally from Mortemer, Seine-Maritime, Normandy
1384	John de Sotheron	Born at Great Mitton, Lancashire
1385	John Penros	Born in Escalls, Cornwall
1386	Edmund de Clay	From the common pleas^[6]^[7]
1388, 10 July	Richard Plunkett	Of a leading Anglo-Irish family with branches in County Meath and County Louth
1388, 23 September	Peter Rowe	(1st term)
1395	William Hankford	From Hankford in the parish of Bulkworthy, Devon
1396	William Tynbegh, clerk	Family originally from Tenby, Pembrokeshire
1397	Peter Rowe	(2nd term)
1397	Stephen de Bray	(1st term) From the common pleas - family possibly from Bray, 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	Sir Thomas Fitz-Christopher Plunket	(1st term)
1461	Nicholas Barnewall	(2nd term)
1463 (or before)	Sir Thomas Fitz-Christopher Plunket	(2nd term)
1468	John Chevir	From Kilkenny. Former Master of the Rolls in Ireland.
1474	Philip Bermingham	(d 1490, buried St. 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	Sir Bartholomew Dillon, knight	2nd justice, from the Exchequer	Died same year^[8]
1534	Patrick Finglas	From the Exchequer
1535	Sir Gerald 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	Sir James Ley	Afterwards Earl of Marlborough: resigned
1608	Sir Humphrey Winch, knight	Chief Baron; from the Exchequer	Made a Justice of the Common Pleas of England
1612	Sir John Denham, knight	Chief Baron, from the Exchequer
1617	Sir William Jones, knight	Serjeant-at-law
1620	Sir George 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	Sir James Barry, knight	Afterwards Lord Santry
1673	Sir John Povey, knight	From the Exchequer
1679	Sir Robert Booth, knight		Died the next year
1680	Sir William Davys, knight	Prime serjeant
1687	Thomas Nugent		Removed
1690	Sir Richard Reynell, 1st Baronet		Dismissed
1695	Sir Richard Pyne	Chief Justice of the Common Pleas
1709	Alan Brodrick		Removed
1711	Sir Richard Cox, knight and baronet		Removed
1714	William Whitshed		Removed to the Common Pleas
1727	John Rogerson	Previously attorney general	Died in office 1741
1741	Thomas Marlay	Previously Chief Baron of the Exchequer	Retired 1751
1751	St George Caulfeild	Previously attorney general	Retired 1760
1760	Warden Flood	Previously attorney general	Died in office 1764
1764	John Gore, later Lord Annaly	Previously solicitor general; 24 Aug	Died in office 1784
1784	John Scott	Previously Prime serjeant; Created Lord Earlsfort, afterwards Viscount and Earl of Clonmell; 29 Apr	Died in office 1798
1798	Arthur Wolfe, Lord Kilwarden	Previously attorney-general; 13 June	Murdered 23 July 1803
1803	William Downes	Previously a judge of the Court of King's Bench; afterward 1st Baron Downes; 12 Sep	Retired 1822
1822	Charles Kendal Bushe	Previously solicitor general from 1805; 14 Feb	Retired 1841
1841	Edward Pennefather	Previously solicitor general; 10 Nov	Retired 1846
1846	Francis Blackburne	Previously Master of the Rolls; 21 Jan	Became Lord Chancellor 1852
1852	Thomas Langlois Lefroy	Previously a Baron of the Exchequer	Retired 1866
1866	James Whiteside	Former attorney-general	Died in office 1876
1877	George Augustus Chichester May	Previously attorney-general	Retired 1887
1887	Michael Morris	Previously Chief Justice of the Common Pleas	Became Lord of Appeal in Ordinary 1889
1889	Peter O'Brien	Previously attorney-general	Retired 1913
1913	Richard Robert Cherry	Previously a Lord Justice of Appeal	Retired 1916
1916	James Henry Mussen Campbell	Previously attorney-general	Became Lord Chancellor 1918
1918	Thomas Molony	Previously a Lord Justice of Appeal	Position abolished

Sources

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

References

^ 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. Retrieved 2 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 Ball The 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. Elrington The 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

External links

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)

Chief justices of the territories of the British Empire and the United Kingdom

Legend: Current territory; Former territory; * Now a Commonwealth realm; Now a member of the Commonwealth of Nations

Europe
Since 1234 England and Wales Since c.1200 Scotland 1175-1921 Ireland 1708–1757 Menorca Since 1713 Gibraltar 1763–1782 Menorca 1798–1802 Menorca 1800–1813 Malta (Protectorate) 1813–1964 Malta (Colony) 1807–1890 Heligoland 1809–1864 Ionian Islands 1878–1960 Cyprus 1921–1937 Irish Free State Since 1922 Northern Ireland

Americas

17th century and before		18th century	19th and 20th century
1579 New Albion 1583–1907 Newfoundland 1605–1979 *Saint Lucia 1607–1776 Virginia Since 1619 Bermuda 1620–1691 Plymouth Colony 1623–1883 Saint Kitts *(Saint Kitts & Nevis) 1624–1966 *Barbados 1625–1650 Saint Croix 1627–1979 *Saint Vincent and the Grenadines 1628–1883 Nevis *(Saint Kitts & Nevis) 1629–1691 Massachusetts Bay Colony 1632–1776 Maryland since 1632 Montserrat 1632–1860 Antigua *(Antigua & Barbuda) 1636–1776 Connecticut 1636–1776 Rhode Island 1637–1662 New Haven Colony	1643–1860 Bay Islands Since 1650 Anguilla 1651–1667 Willoughbyland (Suriname) 1655–1850 Mosquito Coast (protectorate) 1655–1962 *Jamaica 1663–1712 Carolina 1664–1776 New York 1665–1674 and 1702–1776 New Jersey Since 1666 British Virgin Islands Since 1670 Cayman Islands 1670–1973 *Bahamas 1670–1870 Rupert's Land 1670–1688 Saint Andrew and Providence Islands¹ 1671–1816 Leeward Islands 1674–1702 East Jersey 1674–1702 West Jersey 1680–1776 New Hampshire 1681–1776 Pennsylvania 1686–1689 Dominion of New England 1691–1776 Massachusetts	1701–1776 Delaware 1712–1776 North Carolina 1712–1776 South Carolina 1713–1867 Nova Scotia 1733–1776 Georgia 1754–1820 Cape Breton Island 1762–1974 *Grenada 1763–1978 Dominica 1763–1873 Prince Edward Island 1763–1791 Quebec 1763–1783 East Florida 1763–1783 West Florida 1784–1867 New Brunswick 1791–1841 Lower Canada 1791–1841 Upper Canada Since 1799 Turks and Caicos Islands	1818–1846 Columbia District/Oregon Country² 1831–1966 British Guiana (Guyana) Since 1833 Falkland Islands³ 1833–1960 Windward Islands 1833–1960 Leeward Islands 1841–1867 Province of Canada 1849–1866 Vancouver Island 1853–1863 Colony of the Queen Charlotte Islands 1858–1866 British Columbia 1859–1870 North-Western Territory 1860–1981 *British Antigua and Barbuda 1862–1863 Stikine Territory 1866–1871 Vancouver Island and British Columbia 1867–1931 *Dominion of Canada⁴ 1871–1964 British Honduras (*Belize) 1882–1983 *Saint Kitts and Nevis 1889–1962 Trinidad and Tobago 1907–1949 Dominion of Newfoundland⁵ Since 1908 South Georgia and the South Sandwich Islands³ 1958–1962 West Indies Federation

1. Now the San Andrés y Providencia Department of Colombia.
2. Occupied jointly with the United States.
3. Occupied by Argentina during the Falklands War of April–June 1982.
4. In 1931, Canada and other British dominions obtained self-government through the Statute of Westminster. See Canada's name.
5. Gave up self-rule in 1934, but remained a de jure Dominion until it joined Canada in 1949.

Africa

17th and 18th centuries	19th century		20th century
Since 1658 Saint Helena¹⁴ 1792–1961 Sierra Leone 1795–1803 Cape Colony	Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ 1806–1910 Cape Colony 1807–1808 Madeira 1810–1968 Mauritius 1816–1965 The Gambia 1856–1910 Natal 1868–1966 Basutoland (Lesotho) 1874–1957 Gold Coast (Ghana) 1882–1922 Egypt	1884–1966 Bechuanaland (Botswana) 1884–1960 British Somaliland 1887–1897 Zululand 1890–1962 Uganda 1890–1963 Zanzibar (Tanzania) 1891–1964 Nyasaland (Malawi) 1891–1907 British Central Africa Protectorate 1893–1968 Swaziland 1895–1920 East Africa Protectorate 1899–1956 Anglo-Egyptian Sudan	1900–1914 Northern Nigeria 1900–1914 Southern Nigeria 1900–1910 Orange River Colony 1900–1910 Transvaal Colony 1903–1976 Seychelles 1906–1954 Nigeria Colony 1910–1931 South Africa 1914–1954 Nigeria Colony and Protectorate 1915–1931 South West Africa (Namibia) 1919–1960 Cameroons (Cameroon)⁶ 1920–1963 Kenya 1922–1961 Tanganyika (Tanzania)⁶ 1923–1965 Southern Rhodesia (Zimbabwe)⁷ 1924–1964 Northern Rhodesia (Zambia) 1953–1963 Federation of Rhodesia and Nyasaland 1954–1960 Nigeria 1979–1980 Southern Rhodesia (Zimbabwe)⁷

6. League of Nations mandate.
7. Self-governing Southern Rhodesia unilaterally declared independence in 1965 (as Rhodesia) and continued as an unrecognised state until the 1979 Lancaster House Agreement. After recognised independence in 1980, Zimbabwe was a member of the Commonwealth until it withdrew in 2003.

Asia

17th and 18th century	19th century		20th century
1685–1824 Bencoolen (Sumatra) 1702–1705 Pulo Condore 1757-1862 Bengal (to 1862) 1862–1947 Bengal (from 1862) (West Bengal (India) and Bangladesh) 1762–1764 Manila and Cavite 1786–1946 Penang (Malaysia) 1795–1948 Ceylon (Sri Lanka) 1796–1965 Maldives	1812–1824 Banka (Sumatra) and Billiton (Sumatra) 1819–1826 British Malaya (West Malaysia and Singapore) 1826–1946 Straits Settlements (Malaysia and Singapore) 1839–1967 Colony of Aden 1839–1842 Afghanistan 1841–1997 Hong Kong 1841–1946 Kingdom of Sarawak (Malaysia) 1848–1946 Labuan (Malaysia) 1858–1947 British India (India, Pakistan and Bangladesh, Burma) • Bombay • Calcutta • Madras • North-Western Provinces/Allahabad) 1874–1963 British Borneo (East Malaysia and Brunei)	1879–1919 Afghanistan (protectorate) 1882–1963 British North Borneo (Malaysia) 1885–1946 Unfederated Malay States 1888–1984 Sultanate of Brunei 1891–1971 Muscat and Oman protectorate 1892–1971 Trucial States 1895–1946 Federated Malay States 1898–1930 Weihai Garrison	1907–1949 Bhutan (protectorate) 1918–1961 Kuwait protectorate 1920–1932 Iraq⁸ 1921–1946 Transjordan⁸ 1923–1948 Palestine⁸ 1945–1946 South Vietnam 1946–1963 North Borneo (Malaysia) 1946–1963 Sarawak (Malaysia) 1946–1963 Singapore 1946–1948 Malayan Union 1948–1957 Federation of Malaya (Malaysia) Since 1960 Akrotiri and Dhekelia (before as part of Cyprus) Since 1965 British Indian Ocean Territory (before as part of Mauritius and the Seychelles)

⁸ League of Nations mandate. Iraq's mandate was not enacted and replaced by the Anglo-Iraqi Treaty

Oceania

18th and 19th centuries		20th century
1788–1901 New South Wales 1803–1901 Tasmania 1807–1863 Auckland Islands⁹ 1824–1980 New Hebrides (Vanuatu) 1824–1901 Queensland 1829–1901 Western Australia 1836–1901 South Australia since 1838 Pitcairn Islands	1841–1907 Colony of New Zealand 1851–1901 Victoria 1874–1970 Fiji¹⁰ 1877–1976 British Western Pacific Territories 1884–1949 Territory of Papua 1888–1901 Cook Islands⁹ 1889–1948 Union Islands (Tokelau)⁹ 1892–1979 Gilbert and Ellice Islands¹¹ 1893–1978 British Solomon Islands¹²	1900–1970 Tonga (protected state) 1900–1974 Niue⁹ 1901–1942 Commonwealth of AustraliaNorthern Territory 1907–1953 *Dominion of New Zealand 1919–1942 Nauru 1945–1968 Nauru 1919–1949 Territory of New Guinea 1949–1975 Territory of Papua and New Guinea¹³

9. Now part of the *Realm of New Zealand.
10. Suspended member.
11. Now Kiribati and *Tuvalu.
12. Now the *Solomon Islands.
13. Now *Papua New Guinea.

Antarctica and South Atlantic
Since 1658 Saint Helena¹⁴ Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ Since 1908 British Antarctic Territory¹⁵ 1841–1933 Australian Antarctic Territory (transferred to the Commonwealth of Australia) 1841–1947 Ross Dependency (transferred to the Realm of New Zealand)
14. Since 2009 part of Saint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena. 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).

This page was last edited on 30 January 2024, at 14:00

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