Charles Kendal Bushe (1767 – 10 July 1843), was an Irish lawyer and judge. Known as "silver-tongued Bushe" because of his eloquence,Healy, Maurice ''The Old Muster Circuit'' Michael Joseph Ltd. 1939 he was

Solicitor-General for Ireland The Solicitor-General for Ireland was the holder of an Irish and then (from the Act of Union 1800) United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. On rar ...

from 1805 to 1822 and

Lord Chief Justice of the King's Bench for Ireland 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 i ...

from 1822 to 1841.Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 Vol. 2 p.342

Background and education

Bushe was born at Kilmurry House, near

Thomastown Thomastown (), historically known as Grennan, is a town in County Kilkenny in the province of Leinster in the south-east of Ireland. It is a market town along a stretch of the River Nore which is known for its salmon and trout, with a number of ...

County Kilkenny County Kilkenny ( gle, Contae Chill Chainnigh) is a county in Ireland. It is in the province of Leinster and is part of the South-East Region. It is named after the city of Kilkenny. Kilkenny County Council is the local authority for the cou ...

, the only son of the Reverend Thomas Bushe, rector of

Mitchelstown Mitchelstown () is a town in County Cork, Ireland with a population of approximately 3,740. Mitchelstown is situated in the valley to the south of the Galtee Mountains, 12 km south-west of the Mitchelstown Caves, 28 km from Cahir, 50& ...

, and his wife Katherine Doyle, daughter of Charles Doyle of Bramblestown, near

Gowran Gowran (; ) is a town located on the eastern side of County Kilkenny, Ireland. The historic St. Mary's Collegiate Church is located in the centre of Gowran close to Gowran Castle. Gowran Park race course and Golf Course is located one km from t ...

. Kilmurry House had been built by the Bushe family in the 1690s; his father was forced to sell it to pay his debts, but Charles was able to repurchase it in 1814. He went to the celebrated

Quaker Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...

academy, Shackleton's School in

Ballitore Ballitore () is a village in County Kildare, Ireland, sometimes spelt as Ballytore. It is noted for its historical Quaker associations. It was the first planned Quaker village in either England or Ireland - and remains the only one in Europe. ...

County Kildare County Kildare ( ga, Contae Chill Dara) is a county in Ireland. It is in the province of Leinster and is part of the Eastern and Midland Region. It is named after the town of Kildare. Kildare County Council is the local authority for the county, ...

, then graduated from the

Trinity College Dublin , name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin , motto = ''Perpetuis futuris temporibus duraturam'' (Latin) , motto_lang = la , motto_English = It will last i ...

, where his eloquence had made him a star of the

College Historical Society The College Historical Society (CHS) – popularly referred to as The Hist – is a debating society at Trinity College Dublin. It was established within the college in 1770 and was inspired by the club formed by the philosopher Edmund Bu ...

, and was

called to the Bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

in 1790.

Legal and judicial career

Bushe was a member of the Irish Parliament for

Callan Callan is a given name and surname of Irish and Scottish origin. It can derive from Ó Cathaláin, meaning ''descendant of Cathalán''. Callan can also be an Anglicized form of the Gaelic Mac Allin or Mac Callin. Notable people with the name includ ...

from 1796 to 1799, and for Donegal Borough from 1799 to 1800. He was Escheator of Leinster in 1799; by this time the office was a

sinecure A sinecure ( or ; from the Latin , 'without', and , 'care') is an office, carrying a salary or otherwise generating income, that requires or involves little or no responsibility, labour, or active service. The term originated in the medieval chu ...

. He was vehemently opposed to the

Act of Union 1800 The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Irela ...

, referring emotionally to Britain's subjection of Ireland as "six hundred years of uniform oppression and injustice", a phrase which quickly became a

proverb A proverb (from la, proverbium) is a simple and insightful, traditional saying that expresses a perceived truth based on common sense or experience. Proverbs are often metaphorical and use formulaic speech, formulaic language. A proverbial phra ...

. Although he had refused an offer of a place on the Bench as a bribe for supporting the Union, cynics noted that his staunch opposition to the Union did not prevent him accepting high office under the

British Crown The Crown is the state (polity), state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, British Overseas Territories, overseas territories, Provinces and territorie ...

afterwards. He was appointed

in 1805 and held the office for 17 years until in 1822 he was appointed

(although only after

William Saurin William Saurin (1757 – 11 February 1839) was an Irish barrister, Crown official and politician. He was Attorney-General for Ireland from 1807 to 1822, and for much of that period, he acted as the effective head of the Irish Government. He was ...

, the equally long-serving

Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, had refused the position). He retired in 1841. As an advocate "silver-tongued Bushe" was legendary for his eloquence, and as a politician, he was admired by his English contemporaries like Sir

Robert Peel Sir Robert Peel, 2nd Baronet, (5 February 1788 – 2 July 1850) was a British Conservative statesman who served twice as Prime Minister of the United Kingdom (1834–1835 and 1841–1846) simultaneously serving as Chancellor of the Exchequer ...

and

Lord Brougham Henry Peter Brougham, 1st Baron Brougham and Vaux, (; 19 September 1778 – 7 May 1868) was a British statesman who became Lord High Chancellor and played a prominent role in passing the 1832 Reform Act and 1833 Slavery Abolition Act. ...

.Ball pp.260-1 As a judge, according to Elrington Ball, he did not live up to expectations, although, if not an outstanding judge, he was an impressive and dignified one. As a statesman he was often accused of double-dealing: having opposed the Act of Union, he had few scruples about accepting office under the new regime; and while himself supporting

Catholic Emancipation Catholic emancipation or Catholic relief was a process in the kingdoms of Great Britain and Ireland, and later the combined United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restricti ...

, he prosecuted members of the

Catholic Association The Catholic Association was an Irish Roman Catholic political organisation set up by Daniel O'Connell in the early nineteenth century to campaign for Catholic emancipation within Great Britain. It was one of the first mass-membership politica ...

for

sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...

, merely for advocating the same cause. In Dublin, he was a member of

Daly's Club Daly's Club, with premises known as Daly's Club House, was a gentlemen's club in Dublin, Ireland, a centre of social and political life between its origins in about 1750 and its end in 1823. History Daly's had its origins in a Chocolate House ...

.T. H. S. Escott, ''Club Makers and Club Members'' (1913)
pp. 329–333
/ref>

Family

Bushe in 1793 married Anne (Nancy) Crampton (died 1857), daughter of John Crampton of Dublin and Anne Verner, and sister of

Sir Philip Crampton, 1st Baronet Sir Philip Crampton, 1st Baronet, FRS (7 June 1777 – 10 June 1858) was an eminent Irish surgeon and anatomist. He was President of the Royal College of Surgeons in Ireland (RCSI) in 1811, 1820, 1844 and 1855. Life Crampton was born in Dublin, ...

, President of the

Royal College of Physicians of Ireland The Royal College of Physicians of Ireland (RCPI), ( ga, Coláiste Ríoga Lianna na hÉireann) is an Irish professional body dedicated to improving the practice of general medicine and related medical specialities, chiefly through the accredit ...

. They had ten children including John, Charles, Arthur, Charlotte, Anna Maria, Katherine and Henrietta.Burke ''Landed Gentry of Ireland'' London 1912 His daughter Charlotte married

John Plunket, 3rd Baron Plunket John Span Plunket, 3rd Baron Plunket of Newtown, County Cork (10 July 1793 – 16 April 1871) was an Irish peer and Queen's Counsel. He was the second son of William Plunket, 1st Baron Plunket, and Catherine MacAusland. He succeeded his brother Tho ...

and was the mother of

William Plunket, 4th Baron Plunket William Conyngham Plunket, 4th Baron Plunket (26 August 1828 – 1 April 1897) was Dean of Christ Church Cathedral and Archbishop of Dublin in the Church of Ireland. Life Born in Dublin, he was the eldest son of John Plunket, 3rd Baron Plunk ...

Church of Ireland Archbishop of Dublin The Archbishop of Dublin is a senior bishop in the Church of Ireland, second only to the Archbishop of Armagh. The archbishop is the diocesan bishop of the United Dioceses of Dublin and Glendalough and the metropolitan bishop of the Provin ...

, and

David Plunket, 1st Baron Rathmore David Robert Plunket, 1st Baron Rathmore PC, QC (3 December 1838 – 22 August 1919) was an Irish lawyer and Conservative politician. Background and education Plunket was the third son of John Plunket, 3rd Baron Plunket, second son of Willi ...

. His son John Bushe married Louisa Hare, daughter of

William Hare, 1st Earl of Listowel William Hare, 1st Earl of Listowel (September 1751 – 13 July 1837), known as Lord Ennismore from 1800 to 1816 and as the Viscount Ennismore and Listowel from 1816 to 1822, was an Irish peer and Member of Parliament. Life He was the second son o ...

, and his first wife, Mary Wrixon, only daughter of Henry Wrixon. His son Charles, a

Church of Ireland The Church of Ireland ( ga, Eaglais na hÉireann, ; sco, label= Ulster-Scots, Kirk o Airlann, ) is a Christian church in Ireland and an autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the second ...

clergyman who became rector of

Castlehaven Castlehaven () is a civil parish in County Cork, Ireland. It is located approximately 75 km south west of Cork City on the coast. The civil parish includes the town of Castletownshend and also contains the hamlets of Rineen and Tragumna. T ...

County Cork County Cork ( ga, Contae Chorcaí) is the largest and the southernmost county of Ireland, named after the city of Cork, the state's second-largest city. It is in the province of Munster and the Southern Region. Its largest market towns are ...

, was by his second wife Emmeline Coghill the father of another eminent barrister, Seymour Coghill Bushe. His daughter Anna Maria was the second wife of Sir Josiah Coghill Coghill, 3rd Baronet: her stepdaughter Emmeline married Anna Maria's brother Charles as his second wife. His daughter Katherine married Michael Fox, son of his judicial colleague

Luke Fox Luke Foxe (or Fox) (20 October 1586 – c. 15 July 1635) was an English explorer, born in Kingston-upon-Hull, Yorkshire, who searched for the Northwest Passage across North America. In 1631, he sailed much of the western Hudson Bay before ...

and Anne Annesley, a niece of

Charles Loftus, 1st Marquess of Ely Charles is a masculine given name predominantly found in English and French speaking countries. It is from the French form ''Charles'' of the Proto-Germanic name (in runic alphabet) or ''*karilaz'' (in Latin alphabet), whose meaning was "f ...

Descendants

Dunbar Plunket Barton Sir Dunbar Plunket Barton, 1st Baronet PC (29 October 1853 – 11 September 1937) was an Anglo-Irish British politician, author and judge. Barton was born in Merrion Square, Dublin, the eldest son of the magistrate Thomas Henry Barton, a young ...

, a leading Irish High Court judge of the early 1900s, was descended from Bushe. Seymour Coghill Bushe (1853-1922) was a leading

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...

whose career in Ireland was largely destroyed by his role as

co-respondent In English law, a co-respondent is, in general, a respondent to a petition, or other legal proceeding, along with another or others, or a person called upon to answer in some other way. 7.4.19 Divorce More particularly, since the Matrimonial C ...

in a much publicised

criminal conversation At common law, criminal conversation, often abbreviated as ''crim. con.'', is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term. It is similar to breach of p ...

case, followed by divorce, ''Brooke v Brooke'' (1886), and thereafter largely confined his legal practice to England. He was the judge's grandson, his parents being the Reverend Charles Bushe and his second wife Emmeline Coghill, daughter of Sir Josiah Coghill Coghill, 3rd Baronet of the

Coghill Baronets There have been two baronetcies created for persons with the surname Coghill, both in the Baronetage of Great Britain. One creation is extant as of 2008. The Coghill Baronetcy, of Coghill in the East Riding of the County of York, was created in ...

and his first wife Sophia Dodson. He married Lady Kathleen Maude, daughter of

Cornwallis Maude, 1st Earl de Montalt Cornwallis Maude, 1st Earl de Montalt (4 April 1817 – 9 January 1905), styled The Honourable Cornwallis Maude until 1856 and known as The Viscount Hawarden from 1856 to 1886, was a British Conservative politician. Background Maude was the only ...

and Clementina Fleeming, and the defendant in ''Brooke v. Brooke'', after her divorce from her first husband, Gerald Brooke. She died in 1939.

References

{{DEFAULTSORT:Bushe, Charles Kendal 1767 births 1843 deaths Irish barristers Solicitors-General for Ireland Members of the Privy Council of Ireland Alumni of Trinity College Dublin People from Thomastown Irish MPs 1790–1797 Irish MPs 1798–1800 Lords chief justice of Ireland Members of the Parliament of Ireland (pre-1801) for County Kilkenny constituencies Members of the Parliament of Ireland (pre-1801) for County Donegal constituencies Serjeants-at-law (Ireland)