Chief Justice Of Connacht
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The Chief Justice of Connacht was the senior of the judges who assisted the
Lord President of Connaught The Lord President of Connaught was a military leader with wide-ranging powers, reaching into the civil sphere, in the English government of Connaught in Ireland, in the sixteenth and seventeenth centuries. The office was created in 1569, and in 1 ...
in judicial matters. Despite the Chief Justice's title, full judicial powers were vested in the Lord President, whose office was established in 1569. Ralph Rokeby was appointed the first Chief Justice of Connacht, with Robert Dillon as his second justice. Rokeby found his principal duty as Chief Justice, the introduction of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
into Connacht, to be a thankless task, writing gloomily to the Government in
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
that the people of the province "are not willing to embrace justice". A royal commission from King
James I James I may refer to: People *James I of Aragon (1208–1276) *James I of Sicily or James II of Aragon (1267–1327) *James I, Count of La Marche (1319–1362), Count of Ponthieu *James I, Count of Urgell (1321–1347) *James I of Cyprus (1334–13 ...
in 1604 vested in the Lord President very wide powers to hear civil cases, to impose
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...
and to pursue the King's enemies with "fire and sword" (Ralph Rokeby had urged the granting of such powers from the beginning, arguing that it was the only way to bring order and good government to the province). The extent of these powers gave rise to clashes with the long-established courts and in 1622 official instructions were issued to the Chief Justices of Connacht and Munster not to "intermeddle" with cases which were properly within the jurisdiction of another court. On the face of it, the office of Chief Justice was an onerous one, as shown by the fact that (for at least part of the Court's history) he had two associate justices to assist him, whereas the Chief Justice of Munster as a rule had only one. On the other hand, Geoffrey Osbaldeston's appointment as Chief Justice in 1606 was generally seen as a demotion on the grounds of his professional incompetence, suggesting that the office was not then considered to be one of great importance. However, a Chief Justice who performed his duties well could expect to be promoted to a place on the High Court Bench in due course, and Donnellan, Cusack and Jones were rewarded in this way, as was one Attorney General, William Hilton. While it was generally understood that the Chief Justice of Munster should not hold any other office, the same rule apparently did not apply in Connacht: Thomas Dillon combined the office with a seat on the
Court of Common Pleas (Ireland) The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is still ...
. We have less information about the men who served as second and third justices. Sir Robert Dillon, later
Chief Justice of the Irish Common Pleas The chief justice of the Common Pleas for Ireland was the presiding judge of the Court of Common Pleas in Ireland, which was known in its early years as the Court of Common Bench, or simply as "the Bench", or "the Dublin bench". It was one of the s ...
, served as second justice (the first holder of the office). Probably the last second justice was Justice Johnson in the 1660s. The Chief Justice was advised by the Attorney General for Connacht: the best-known holder of the office was Gerald Comerford (1591-1604), who held the office for life. William Hilton, Attorney General for Connacht 1626-37, is remembered as the brother-in-law of Archbishop
James Ussher James Ussher (or Usher; 4 January 1581 – 21 March 1656) was the Church of Ireland Archbishop of Armagh and Primate of All Ireland between 1625 and 1656. He was a prolific scholar and church leader, who today is most famous for his ident ...
. John Shadwell, appointed in 1662, appears to have been the last Attorney-General. The office of Chief Justice ceased to exist with the abolition of the provincial presidencies in 1672.


List of Chief Justices of Connacht 1569-1672

*1569 Ralph Rokeby *1577 Thomas Dillon *1606 Henry Dillon *1607 Geoffrey Osbaldeston *1634
James Donnellan Sir James Donnellan (c. 1588 – 1665) was an Irish lawyer and politician, who became Chief Justice of the Irish Common Pleas in 1660. He was unusual among the Irish judges of the time in being of Gaelic descent; and more remarkable in that his ...
*1662 Oliver Jones *1670
Adam Cusack Adam Cusack (c.1630–1681) was an Irish landowner, barrister and judge of the seventeenth century. Family He was born in Rathgar (then in the countryside, but now a suburb of Dublin), the second son of Robert Cusack of Rathgar Castle (which ...
Burke gives the name of the last Chief Justice as William Spring, but Ball, the most reliable source for the pre-independence Irish judiciary, gives it as Adam Cusack, who had been the second justice since 1661, and would have been the obvious choice to succeed Oliver Jones as Chief Justice. This appears to be borne out by the list in the ''Collection of Tracts and Treatises on the Political and Social State of Ireland'', which seems to have been written in 1672, around the time the Court was abolished. ''Office abolished 1672''


List of Attorneys General for Connacht

''Incomplete list'' *1591 Gerald Comerford (appointment for life) *c.1620 Damien Pecke *1625 Walter Archer *1626 William Hilton *1637 Edward Ayscough *1649 Oliver Jones (reappointed 1660) *1662 John Shadwell ''Office abolished 1672''


References

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Sources

*Ball, F. Elrington ''The Judges in Ireland 1221-1921'' John Murray London 1926 *Burke, Oliver ''Anecdotes of the Connaught Circuit'' Hodges Figgis Dublin 1885 *Crawford, Jon G. ''A Star Chamber Court in Ireland - the Court of Castle Chamber 1571-1641'' Four Courts Press Dublin 2005 *Sir
William Petty Sir William Petty FRS (26 May 1623 – 16 December 1687) was an English economist, physician, scientist and philosopher. He first became prominent serving Oliver Cromwell and the Commonwealth in Ireland. He developed efficient methods to su ...
and
George Berkeley George Berkeley (; 12 March 168514 January 1753) – known as Bishop Berkeley (Bishop of Cloyne of the Anglican Church of Ireland) – was an Anglo-Irish philosopher whose primary achievement was the advancement of a theory he called "immate ...
''Collection of Tracts and Treatises on the Political and Social State of Ireland'' Reprinted Dublin 1861 *Smyth, Constantine Joseph ''Chronicle of the Law Officers of Ireland'' Butterworths London 1839 Early Modern Ireland Political office-holders in pre-partition Ireland