The County Palatine of Tipperary Act 1715 is an Act of the

Parliament of Ireland The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two cham ...

(2 Geo 1 c. 8). This Act enabled the purchase by the crown of the Palatine Rights in

County Tipperary County Tipperary ( ga, Contae Thiobraid Árann) is a county in Ireland. It is in the province of Munster and the Southern Region. The county is named after the town of Tipperary, and was established in the early 13th century, shortly after t ...

given to the Earls of Ormond, later

Dukes of Ormonde Duke is a male title either of a monarch ruling over a duchy, or of a member of royalty, or nobility. As rulers, dukes are ranked below emperors, kings, grand princes, grand dukes, and sovereign princes. As royalty or nobility, they are ran ...

, over the preceding centuries. Prior to the Act, the dukes appointed the

sheriffs A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

and judges of the county and owned certain revenues from the county which would otherwise have gone to the Crown. The passing of the Act was followed almost at once by the

attainder In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditar ...

for

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

James Butler, 2nd Duke of Ormonde James FitzJames Butler, 2nd Duke of Ormonde, (1665–1745) was an Irish statesman and soldier. He was the third of the Kilcash branch of the family to inherit the earldom of Ormond. Like his grandfather, the 1st Duke, he was raised as a Protes ...

, who fled to France on suspicion of being involved in the

Jacobite Rising of 1715 The Jacobite rising of 1715 ( gd, Bliadhna Sheumais ; or 'the Fifteen') was the attempt by James Edward Stuart (the Old Pretender) to regain the thrones of England, Ireland and Scotland for the exiled Stuarts. At Braemar, Aberdeenshire ...

. Although his titles and estates were restored at the end of the eighteenth century to another branch of the Butler family, there was no question of reviving the Palatine Court, which was by then an anachronism.

List of justices of the Palatine Court of Tipperary

Although the position of Chief Judge, or Seneschal, of the Palatine Court was widely regarded as a sinecure, it is interesting to note that several holders of the office were lawyers of repute, and at least two later held high judicial office. They included: *John Talbot (died c.1575) barrister of Lincoln's Inn Kenny p.57 *Sir John Everard, former judge 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 Be ...

(died 1624) *Sir William Davys, later

Lord Chief Justice of 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 ...

(died 1687) *Sir John Keating, later Chief Justice of the Irish Common Pleas (died 1691) *

Sir John Meade, 1st Baronet Sir John Meade, 1st Baronet (1642–1707) was an Irish barrister, judge and politician. He was the first of the Meade Baronets of Balintubber, and an ancestor of the Earls of Clanwilliam. He was unusual among the lawyers of his time for his lack o ...

(died 1707).

Second justice of the Palatine Court

There was also a second justice, sometimes called the Master of the Rolls, attached to the Palatine court, which suggests that the Court's workload may have been heavier than generally believed.Ball p.360 The name of at least three of the second justices are known: * Samuel Gorges (1635-1686), later a justice of the Court of Common Pleas (Ireland)Ball p.360 * Sir Theobald Butler (1650-1721), later

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 ra ...

Sir Standish Hartstonge, 2nd Baronet Sir Standish Hartstonge, 2nd Baronet (c. 1671/1673 – 1751) was an Anglo-Irish landowner and politician, who sat in the Irish House of Commons for many years. His marriage, which took place when he was only about 18 or 19 years old, caused a ...

(c.1671-1751): he had no legal training, so far as is known, although he was the grandson of an eminent judge. Heyton p.67

References

*Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 *Hart, A. R. ''History of the King's Serjeant-at-law in Ireland'' Dublin Four Courts Press 2000 *Kenny, Colum ''King's Inns and the Kingdom of Ireland'' Dublin Irish Academic Press 1992 *Hayton, David ''The Anglo-Irish Experience 1680-1730, Politics, Identity and Patriotism'' Boydell Press 2012

Notes

{{Reflist 1715 in law Acts of the Parliament of Ireland (pre-1801) History of County Tipperary 1715 in Ireland