John Elliott (judge)
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Sir John Elliott (1546-1617) was an Irish
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
of the late sixteenth and early seventeenth centuries, who held office as third Baron of the
Court of Exchequer (Ireland) The Court of Exchequer (Ireland) or the Irish Exchequer of Pleas, was one of the senior courts of common law in Ireland. It was the mirror image of the equivalent court in England. The Court of Exchequer was one of the four royal courts of justic ...
.Ball p.223 He was also occasionally employed on
diplomatic Diplomatics (in American English, and in most anglophone countries), or diplomatic (in British English), is a scholarly discipline centred on the critical analysis of documents: especially, historical documents. It focuses on the conventions, p ...
missions. Though his highly successful career was due partly to his own merits, it probably also owed something to his useful family connections, notably with the
Rochfort family The Rochfort family came to Ireland (possibly from France) in the thirteenth century and acquired substantial lands in counties Kildare, Meath and Westmeath. Several members of the family were prominent as lawyers and politicians. They gained the t ...
and the Usshers.


Background

He was born at Balreask (or Balrisk),
County Meath County Meath (; gle, Contae na Mí or simply ) is a county in the Eastern and Midland Region of Ireland, within the province of Leinster. It is bordered by Dublin to the southeast, Louth to the northeast, Kildare to the south, Offaly to the sou ...
, son of Thomas Elliott, former
Master Gunner Master gunner is an appointment of the warrant officer rank in the British and United States armed forces. United Kingdom In the British Army's Royal Artillery master gunners are experts in the technical aspects of gunnery. They fill advisory ra ...
for Ireland, and Elizabeth Smart. His sister Margaret was the first wife of
Henry Ussher Henry Ussher (1550 – 2 April 1613) was an Irish Protestant churchman, a founder of Trinity College, Dublin, and Church of Ireland Archbishop of Armagh. Life The second of five sons of Thomas Ussher by Margaret (d. January 1597), daughter of H ...
,
Archbishop of Armagh In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdio ...
.Wright pp.42-47 The two men were close friends, and the Archbishop made Elliott co-
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of his
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of 1613. Elliott and his second wife Ismay built a
church Church may refer to: Religion * Church (building), a building for Christian religious activities * Church (congregation), a local congregation of a Christian denomination * Church service, a formalized period of Christian communal worship * Chris ...
(now a ruin) on the Archbishop's lands at Balsoon in County Meath, and are buried there. Elliott inherited Balreask about 1595.


Career

The date of his
call 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 ...
is uncertain, but he is recorded as a member of
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
in 1587. He was then made Clerk of the Crown for four counties of
Ulster Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label= Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United King ...
. He was appointed a Baron of the Exchequer in 1590, and was praised for his hard work and diligence. During the
Nine Years War The Nine Years' War (1688–1697), often called the War of the Grand Alliance or the War of the League of Augsburg, was a conflict between France and a European coalition which mainly included the Holy Roman Empire (led by the Habsburg monarch ...
, he was sent to negotiate with the
Gaelic Gaelic is an adjective that means "pertaining to the Gaels". As a noun it refers to the group of languages spoken by the Gaels, or to any one of the languages individually. Gaelic languages are spoken in Ireland, Scotland, the Isle of Man, and Ca ...
leader Hugh O'Neill, 2nd Earl of Tyrone in 1596. Following the establishment of the Irish
Assize The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
system for the whole island in 1603-4, he went on circuit regularly as a judge of assize. This no doubt raised his credit with the
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, which complained that many judges were reluctant to travel outside
Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
. He was
knighted A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...
in 1609. In 1607 the
King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
, after a hiatus of some years, was revived.Kenny pp.70-80 Elliott became Treasurer of the Inns in the same year. He was the first member of the Inns to have a
barrister's chambers In law, a barrister's chambers or barristers' chambers are the rooms used by a barrister or a group of barristers. The singular refers to the use by a sole practitioner whereas the plural refers to a group of barristers who, while acting as sol ...
"the first that began to build a chamber in the King's Inns", and as a special privilege three of his sons, who were described as " attorneys", were allowed to share the chambers. They also had their fees remitted, in recognition of Sir John's services to the Inns. He served as Treasurer until 1610. During the
Flight of the Earls The Flight of the Earls ( ir, Imeacht na nIarlaí)In Irish, the neutral term ''Imeacht'' is usually used i.e. the ''Departure of the Earls''. The term 'Flight' is translated 'Teitheadh na nIarlaí' and is sometimes seen. took place in Sep ...
he and his colleague Sir Christopher Sibthorpe of the
Court of King's Bench (Ireland) The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) 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 King's Benc ...
were sent to Ulster in the winter of 1607 with the formal
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
for
rebellion Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...
against Tyrone and
Rory O'Donnell, 1st Earl of Tyrconnell Rory O'Donnell (; 1575 – 30 July 1608), younger brother of Hugh Roe O'Donnell, was the last King of Tyrconnell and 1st Earl of Tyrconnell.An apparent original of the letters patent of the Earldom were in the possession of Count Maximilian Kar ...
. During the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
of 1613-15 he attended with his colleague, Sir William Sparke of the Court of King's Bench, before the
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to act as their legal advisor, a role commonly performed by the High Court judges at the time.


Death

He died in 1617 and was buried with his second wife Ismay Rochfort in Balsoon Church, which they had built. Though the church is in a ruined condition their
gravestone A headstone, tombstone, or gravestone is a stele or marker, usually stone, that is placed over a grave. It is traditional for burials in the Christian, Jewish, and Muslim religions, among others. In most cases, it has the deceased's name, da ...
is still visible.


Marriages and children

He married four times and had issue by his second marriage.Lodge p.372 His first wife was Joan Might, daughter of Thomas Might. His second wife was Ismay Rochfort, daughter of Christopher Rochfort of Kilbryde, County Meath and his wife Margaret Lynch. They had four sons, Henry, Thomas, Oliver and Christopher, three of whom followed their father into the
legal profession Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. It is difficult t ...
. His third wife, whom he married after 1602, was Archbishop Ussher's cousin Eleanor Ussher, daughter of Alderman Robert Ussher of
Santry Santry () is a suburb on the northside of Dublin, Ireland, bordering Coolock, Glasnevin, Kilmore and Ballymun. It straddles the boundary of Dublin City Council and Fingal County Council jurisdictions. The character of the area has changed ...
and his first wife Margaret Fitzjohn. She was the widow of Walter Ball,
Mayor of Dublin The Lord Mayor of Dublin ( ga, Ardmhéara Bhaile Átha Cliath) is the honorary title of the chairperson ( ga, Cathaoirleach, links=no ) of Dublin City Council which is the local government body for the city of Dublin, the capital of Ireland. The ...
(died 1598) and of Dr. Robert Conway, Master in the
Court of Chancery (Ireland) The Court of Chancery was a court which exercised equitable jurisdiction in Ireland until its abolition as part of the reform of the court system in 1877. It was the court in which the Lord Chancellor of Ireland presided. Its final sitting plac ...
(died 1602). Eleanor died in 1613, and Sir John made a fourth marriage to Alice Kennedy, daughter of Hugh Kennedy of Dublin and widow of John Arthur.


Sources

*Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 *Kenny, Colum ''King's Inns and the Kingdom of Ireland'' Dublin Irish Academic Press 1992 *Lodge, John ''Peerage of Ireland'' Dublin 1754 *Montgomery-Massingberd, Hugh ''Burke's Irish Family Records'' London 1976 *Wright, William Bell ''The Ussher Memoirs'' Dublin Sealy Bryers and Walker 1889 *


Notes

{{DEFAULTSORT:Elliott, John Barons of the Irish Exchequer Members of Lincoln's Inn 1546 births 1617 deaths Lawyers from County Meath 16th-century Irish judges 17th-century Irish judges