Court of Castle Chamber
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The Court of Castle Chamber (which was sometimes simply called ''Star Chamber'') was an Irish court of special jurisdiction which operated in the sixteenth and seventeenth centuries. It was established by Queen Elizabeth I in 1571 to deal with cases of
riot A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The property targete ...
and offences against public order generally, and all crimes which threatened the security of the Crown. It was explicitly modelled on the English Court of
Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
, and it was often referred to as ''Star Chamber''.Ball, F. Elrington ''The Judges in Ireland 1221–1921'' John Murray London 1926 Vol.1 p.255 It took its name from the chamber (which no longer exists) which was specially built for it in
Dublin Castle Dublin Castle ( ga, Caisleán Bhaile Átha Cliath) is a former Motte-and-bailey castle and current Irish government complex and conference centre. It was chosen for its position at the highest point of central Dublin. Until 1922 it was the se ...
, situated over the main gate. The Court of Castle Chamber in its early decades was, like Star Chamber, popular with members of the public who, under the guise of complaining about cases of riot or public disorder, brought their private lawsuits to Castle Chamber, which was often swamped with private business as a result. Nonetheless, its jurisdiction to hear private cases was often questioned and was not confirmed until 1634. Its popularity was seemingly unaffected by the fact that it was notoriously ineffective in enforcing its decrees. In the seventeenth century, Castle Chamber, like its English counterpart, was seen by the
Stuart dynasty The House of Stuart, originally spelt Stewart, was a royal house of Scotland, England, Ireland and later Great Britain. The family name comes from the office of High Steward of Scotland, which had been held by the family progenitor Walter fi ...
as a suitable instrument for enforcing government policy and it became highly unpopular as a result. Its use by
Thomas Wentworth, 1st Earl of Strafford Thomas Wentworth, 1st Earl of Strafford, (13 April 1593 ( N.S.)12 May 1641), was an English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament and was a supporter of King Charles I. From 1 ...
, who as Lord Lieutenant of Ireland (1632-1640) was virtually all-powerful in that Kingdom, as the principal instrument for subduing his, and the king's, political opponents, was one of the principal reasons for his downfall and execution in 1641.Wedgwood, C. V. ''Thomas Wentworth, 1st Earl of Strafford 1593-1641- a revaluation'' Phoenix Press reissue 2000 pp. 342–5 During the political upheaval caused by the
Irish Rebellion of 1641 The Irish Rebellion of 1641 ( ga, Éirí Amach 1641) was an uprising by Irish Catholics in the Kingdom of Ireland, who wanted an end to anti-Catholic discrimination, greater Irish self-governance, and to partially or fully reverse the plantatio ...
, the court simply ceased to operate, although there is no record that it was ever formally abolished. It was not revived after the Restoration of 1660.


Origins, structure and procedure

While Star Chamber developed gradually over time, Castle Chamber was established by a special commission under the
privy seal A privy seal refers to the personal seal of a reigning monarch, used for the purpose of authenticating official documents of a much more personal nature. This is in contrast with that of a great seal, which is used for documents of greater impor ...
of
Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". El ...
in June 1571. Due to the ineffectiveness of the regular Irish courts in dealing with serious crime, the establishment of a separate Star Chamber jurisdiction in Ireland was a reform which had been proposed by successive Lord Deputies, notably Sir
Henry Sidney Sir Henry Sidney (20 July 1529 – 5 May 1586), Lord Deputy of Ireland, was the eldest son of Sir William Sidney of Penshurst, a prominent politician and courtier during the reigns of Henry VIII and Edward VI, from both of whom he received ...
, who in the months before his recall to England at the end of his first term as Lord Deputy, helped to draw up the plans for the new court. In time this project gained the support of the leading minister
William Cecil, 1st Baron Burghley William Cecil, 1st Baron Burghley (13 September 15204 August 1598) was an English statesman, the chief adviser of Queen Elizabeth I for most of her reign, twice Secretary of State (1550–1553 and 1558–1572) and Lord High Treasurer from 1 ...
, and of the Queen herself. In the Queen's own words:


Remit of the court

The remit of the new court was very wide: it had power to deal with cases of riot,
kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
,
perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
,
forgery Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbidd ...
,
recusancy Recusancy (from la, recusare, translation=to refuse) was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation. The 1558 Recusancy Acts passed in the reign ...
, judicial
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
, the correction of recalcitrant
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
juries A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England durin ...
,
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
and malicious attacks on the reputation of public figures. It did not deal with cases of
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 ...
or cases concerning the
Plantation of Ulster The Plantation of Ulster ( gle, Plandáil Uladh; Ulster-Scots: ''Plantin o Ulstèr'') was the organised colonisation (''plantation'') of Ulstera province of Irelandby people from Great Britain during the reign of King James I. Most of the sett ...
. Not all the cases it heard fit neatly into any of these categories: in its early years the court heard a petition against the levying of ''cess'', the military
tax A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
(which was much resented by the
Anglo-Irish Anglo-Irish people () denotes an ethnic, social and religious grouping who are mostly the descendants and successors of the English Protestant Ascendancy in Ireland. They mostly belong to the Anglican Church of Ireland, which was the establis ...
gentry) for the upkeep of the
garrisons A garrison (from the French ''garnison'', itself from the verb ''garnir'', "to equip") is any body of troops stationed in a particular location, originally to guard it. The term now often applies to certain facilities that constitute a mil ...
of
the Pale The Pale (Irish: ''An Pháil'') or the English Pale (' or ') was the part of Ireland directly under the control of the English government in the Late Middle Ages. It had been reduced by the late 15th century to an area along the east coast st ...
, possibly because it raised questions about the
royal prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
. A celebrated
probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...
case, ''Lady Digby v Dowager Countess of Kildare,'' was referred to the Chamber because of an allegation of forgery; the Chamber agreed to hear the case, but later complained of the amount of time it had wasted on what was essentially a private
inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
dispute. Likewise, it is unclear what power the Chamber had to hear the charge of domestic cruelty brought against Lord Howth for ill-treating his wife and daughter: the pretext for the hearing was an accusation of perjury against one of his servants. In Castle Chamber's last years it was much concerned with cases of misappropriation of
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 ...
lands. Again it is unclear how such cases fell within its remit, and this activity should perhaps be seen as part of the Earl of Strafford's wider campaign to curb abuses of power by the "New Irish" nobility, especially the Earl of Cork, whom Strafford regarded as a notorious offender in illegally seizing Church lands.


Discipline of judges and juries

Castle Chamber dealt with a number of cases of judicial corruption:
William Saxey William Saxey or Saxei ( – 1612) was an English-born judge in Ireland of the late Elizabethan and early Stuart era. He was an unpopular and controversial figure with a reputation for corruption and misanthropy. Early career He was born in B ...
,
Chief Justice of Munster {{Use dmy dates, date=January 2018 The chief justice of Munster was the senior of the two judges who assisted the lord president of Munster in judicial matters. Despite his title of Chief Justice, full judicial authority was vested in the lord pres ...
, was severely reprimanded for corrupt practices in 1597, and
Patrick Segrave Patrick Segrave (died c.1610) was an Irish judge of the early seventeenth century, who was removed from office for numerous incidents of corruption.Smyth, Constantine Joseph ''Chronicle of the Law Officers of Ireland'' London Butterworths 1839 ...
, 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 ...
, was removed from office for corruption in 1602. The control of juries was another major concern of Castle Chamber, at a time when the Crown, in cases of treason and other serious crimes, still insisted that the jury must deliver the "right" (i.e. guilty) verdict, and also expected juries to give the "right" verdict (i.e. one favourable to the Crown) in important civil cases, especially those involving the Crown's title to land. In 1586 a
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, ...
jury was convicted of perjury, on the ground that having taken an
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...
to deliver a true verdict they had in breach of their oath and in flagrant disregard of the evidence acquitted two men who, according to the Castle Chamber, were obviously guilty of
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
. For their "dangerous example" to other juries, the jurors were convicted and fined, although "in consideration of their poverty" the fines imposed on them were small. More severe penalties were imposed on the
Youghal Youghal ( ; ) is a seaside resort town in County Cork, Ireland. Located on the estuary of the River Blackwater, the town is a former military and economic centre. Located on the edge of a steep riverbank, the town has a long and narrow layout. ...
jury which in 1603 acquitted
William Meade William Meade (November 11, 1789March 14, 1862) was an American Episcopal bishop, the third Bishop of Virginia. Early life His father, Colonel Richard Kidder Meade (1746–1805), one of George Washington's aides during the War of Independence, ...
, the former
Recorder of Cork The Recorder of Cork was a judicial office holder in pre-Independence Ireland. The Recorder was the chief magistrate of Cork city: his principal duty was to keep the peace. The office was very similar to that of the Recorder of Dublin, except that ...
, of treason. Meade, one of the few openly Roman Catholic judges on the Irish Bench, was charged with a number of grave offences, including refusing to acknowledge King James I as the rightful monarch, inciting the citizens of Cork to demolish the fort at
Haulbowline Haulbowline ( ga, Inis Sionnach; non, Ál-boling) is an island in Cork Harbour off the coast of Ireland. The world's first yacht club was founded on Haulbowline in 1720. The western side of the island is the main naval base and headquarters f ...
, killing or inciting the killing of three Englishmen, and shutting the city gates in the face of troops sent by
Sir George Carew ''Sir'' is a formal honorific address in English language, English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist i ...
, the
Lord President of Munster The post of Lord President of Munster was the most important office in the English government of the Irish province of Munster from its introduction in the Elizabethan era for a century, to 1672, a period including the Desmond Rebellions in Munste ...
. An exceptionally strong Bench headed by Lord President Carew himself, put great pressure on the jury to convict Meade of his "heinous treasons", but the jury refused, maintaining that Meade, who was extremely popular in
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 ...
, "had not intended in his heart to commit treason". For this conduct, which in the Crown's eyes was only a little less serious than Meade's alleged treason itself, the foreman of the jury was fined £1000
marks Marks may refer to: Business * Mark's, a Canadian retail chain * Marks & Spencer, a British retail chain * Collective trade marks, trademarks owned by an organisation for the benefit of its members * Marks & Co, the inspiration for the novel '' ...
and the other jurors were each fined £500, and they were ordered to appear before the next
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 ...
court wearing placards proclaiming their offence. This severe treatment reflects the Crown's consistent attitude to such trials. In England at this time, and for many years afterwards, the jury in a treason trial was expected to convict as a matter of course: as J.P. Kenyon remarks, treason was regarded as a crime so heinous that no person charged with it could be permitted to escape punishment. Irish juries however were less easily coerced:
Fynes Moryson Fynes Moryson (or Morison) (1566 – 12 February 1630) spent most of the decade of the 1590s travelling on the European continent and the eastern Mediterranean lands. He wrote about it later in his multi-volume ''Itinerary'', a work of value to ...
, secretary to the Lord Deputy, remarked sourly and with the wisdom of hindsight of the Meade case that: "no man that knows Ireland did imagine that an Irish jury would condemn him". In civil cases also Castle Chamber would on occasion penalize a jury for giving the "wrong" verdict if the case was one in which the Crown had an interest. In 1635 a
Galway Galway ( ; ga, Gaillimh, ) is a City status in Ireland, city in the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Connacht, which is the county town of County Galway. It lies on the River Corrib between Lo ...
jury was fined by Castle Chamber after it infuriated the Earl of Strafford, the Lord Lieutenant, by giving a verdict that certain lands belonged not to the Crown but to
Richard Burke, 4th Earl of Clanricarde Richard Burke, 4th Earl of Clanricarde (also Richard de Burgh) (; ; ; ; 1572 – 12 November 1635) was an Irish nobleman and politician. He was the son of Ulick Burke, 3rd Earl of Clanricarde. Knighted in 1602 for his exploits as leader of the ...
, thus threatening Strafford's wider policy of reclaiming much of the province of
Connacht Connacht ( ; ga, Connachta or ), is one of the provinces of Ireland, in the west of Ireland. Until the ninth century it consisted of several independent major Gaelic kingdoms (Uí Fiachrach, Uí Briúin, Uí Maine, Conmhaícne, and Delbhn ...
as Crown land. Of several accusations of corruption made against the Lord Chancellor, Adam Loftus, in the late 1630s, at least one, the petition of John Fitzgerald, was heard in Castle Chamber, apparently because Strafford, the Lord Deputy, wished to assert his power to override the ordinary judicial process.Wedgwood, C. V. ''The King's Peace'' Fontana edition 1966 p.193


Business of the court

As already noted, much of the business of Castle Chamber consisted of private litigation, despite lingering doubts about its jurisdiction in such cases; in 1608 the Court complained that a single private case, ''Digby v Kildare'', had taken up two entire law terms. As a court of equity it was open to women, and quite a large number of cases brought before it involved women as plaintiffs, defendants or both:
Jenet Sarsfield Jenet Sarsfield, Baroness Dunsany (–1598) was an Anglo-Irish noblewoman who lived in Dublin during the Tudor era. She is chiefly memorable for having married no less than six husbands. Early life, first two marriages She was born in County Mea ...
sued Margaret Howth for abduction and other offences, and in the long-running case of ''Digby v Kildare'' Lettice Digby sued her grandmother, the Dowager Countess of Kildare, for forgery. Castle Chamber became a popular forum for the aristocracy to air their complaints against one another, but could also be used to discipline nobles like
Christopher St Lawrence, 8th Baron Howth Christopher St Lawrence, 8th Baron Howth (died 1589) was an Irish politician and peer. He was a member of the Privy Council of Ireland, and played a leading part in the Government of Ireland in the 1560s, but he later went into opposition and w ...
, who were suspected of disloyalty to the English Crown or of
recusancy Recusancy (from la, recusare, translation=to refuse) was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation. The 1558 Recusancy Acts passed in the reign ...
(although the actual charges against Lord Howth were of cruelty to his wife and his teenage daughter Jane, the latter of whom died as a result of his ill-treatment). It was also used to enforce the Penal Laws with great severity in the period 1605–22, a policy which aroused much public anger and political opposition.Crawford pp.302-310


Structure of the court

Castle Chamber was set up partly to curb the number of
petitions A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offici ...
to the
Privy Council of England The Privy Council of England, also known as His (or Her) Majesty's Most Honourable Privy Council (), was a body of advisers to the sovereign of the Kingdom of England. Its members were often senior members of the House of Lords and the House of ...
on Irish affairs, and partly because the equivalent Irish Council, unlike its English counterpart, had not until then had a separate judicial identity. Castle Chamber was intended to be the judicial wing of the Irish Privy Council, but the two bodies were never fully distinct, especially under the personal rule of the Earl of Strafford, who tended to deal with judicial business informally. Its membership was identical to that of the council, but the judges had the predominant influence in the Chamber; later orders specified that the
Lord Chancellor of Ireland The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of ...
, the Chief Justices of the
courts of common law A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
and the
Master of the Rolls in Ireland The Master of the Rolls in Ireland was a senior judicial office in the Irish Chancery under English and British rule, and was equivalent to the Master of the Rolls in the English Chancery. Originally called the Keeper of the Rolls, he was respons ...
should always attend. It was presided over by the
Lord Deputy of Ireland The Lord Deputy was the representative of the monarch and head of the Irish executive (government), executive under English rule, during the Lordship of Ireland and then the Kingdom of Ireland. He deputised prior to 1523 for the Viceroy of Ireland ...
but could act in his absence or when the office was vacant. The personality of the Lord Deputy and his degree of engagement with the court inevitably affected its operation: under
Lord Mountjoy The titles of Baron Mountjoy and Viscount Mountjoy have been created several times for members of various families, including the Blounts and their descendants and the Stewarts of Ramelton and their descendants. The first creation was for Walter ...
(Lord Deputy 1600–1604) the court effectively ceased to operate.Crawford pp.283–91


Legal procedure

Our knowledge of the procedures followed in Castle Chamber is hampered by the court's notoriously poor record-keeping: during the last twenty years of its operation no proper entry book of the cases it heard was kept. It seems to have followed the Star Chamber procedure: the plaintiff filed a bill of complaint, which was followed by an answer from the defendant, and replication by the plaintiff. The court soon became notorious for slow procedures, heavy fees, and ineffective remedies, although these weaknesses do not seem to have deterred litigants from bringing lawsuits. The court's procedure seems to have been rather informal: this was a feature of Irish courts generally at the time, and in 1607, in an important recusancy case, the
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 ...
urged that the court should show more ''solemnity'' than usual. In case of serious offences, such as riot and unlawful assembly, the Chamber gave a ruling in the case of '' Richard Talbot v
Nicholas Nugent Nicholas Nugent (c. 1525–1582) was an Anglo-Irish judge, who was hanged for treason by the government that appointed him. He had, before his downfall, enjoyed a highly successful career, holding office as Solicitor General for Ireland, Baron of ...
'' (1576) that two eye
witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
es to the offence were required; since both parties to that action were High Court judges, the court's reluctance to convict the defendant is understandable.


Penalties

Star Chamber became notorious in the latter part of its existence for imposing savage penalties, and Castle Chamber acquired the same reputation. In the case of the Irish Court, this was probably undeserved, since Castle Chamber had a reputation for being largely ineffective in enforcing its judgements. The normal penalty was a
fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an offe ...
, but the process of collecting fines seems to have given little satisfaction to plaintiffs: fines were often remitted, reduced or simply not collected. Sir Thomas Crooke, having with difficulty obtained a verdict of riot against
Sir Walter Coppinger Sir Walter Coppinger (died 1639) was a member of the Irish nobility from County Cork, Ireland, who was a magistrate of Cork city, a lawyer, and a landlord. Coppinger came from one of the most prominent families in Cork city; though himself of Hi ...
, complained that no action was taken on foot of it, and tried without success to get the English Council to intervene. Robert Travers, Vicar General of the
Diocese of Meath The Diocese of Meath ( ga, Deoise na Mí) is an Irish diocese which took its name after the ancient Kingdom of Meath. In the Roman Catholic Church it still exists as a separate diocese, but in the Church of Ireland it has been united with other ...
, was so notorious for corruption that in 1621 he was prosecuted in Castle Chamber for extortion and taking bribes. He was found guilty, fined £300 and ordered to be imprisoned at the Deputy's pleasure. Since Travers later became a
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 ...
, a
knight 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 church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
and a member of the
Irish House of Commons The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until 1800. The upper house was the House of Lords. The membership of the House of Commons was directly elected, but on a highly restrictive fra ...
, it is unlikely that ''any'' part of the sentence was carried out. More severe penalties like the
pillory The pillory is a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse. The pillory is related to the stocks ...
and
flogging Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on ...
were also imposed on occasion. The use of
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
was rare, but a
priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...
was put to the
rack Rack or racks may refer to: Storage and installation * Amp rack, short for amplifier rack, a piece of furniture in which amplifiers are mounted * Bicycle rack, a frame for storing bicycles when not in use * Bustle rack, a type of storage bin ...
in 1627: this was apparently the last use of the rack in either England or Ireland, (although prisoners were still threatened with the rack for many years after). To show its authority, the Court could require litigants and witnesses to kneel before it; but the effectiveness of the penalty was lessened if the person ordered to kneel simply refused to do so, as Lord Chancellor Loftus on one memorable occasion did. As the William Meade case shows, other humiliating penalties might also be imposed, such as being forced to wear a placard proclaiming one's crime in public.


History of Castle Chamber


Early history

The beginnings of the Court have been described as slow and tentative. No doubt there were many reasons for this, including the unfamiliarity of
lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
and litigants with the new Court, the speedy recall to England of successive Lord Deputies, the wish of many English-born judges to return home as quickly as possible, and the disruption caused by the
Desmond Rebellions The Desmond Rebellions occurred in 1569–1573 and 1579–1583 in the Irish province of Munster. They were rebellions by the Earl of Desmond, the head of the Fitzmaurice/FitzGerald Dynasty in Munster, and his followers, the Geraldines and ...
in the early 1580s. Under the second Deputyship of Sir
Henry Sidney Sir Henry Sidney (20 July 1529 – 5 May 1586), Lord Deputy of Ireland, was the eldest son of Sir William Sidney of Penshurst, a prominent politician and courtier during the reigns of Henry VIII and Edward VI, from both of whom he received ...
(1575–8), assisted by the energetic reforming Lord Chancellor Sir
William Gerard Sir William Gerard (1518–1581) was an Elizabethan statesman, who had a distinguished record of government service in England, Wales and most notably in Ireland. He sat in the House of Commons for Chester for many years, and was Vice-President ...
, the Chamber began to develop into a properly functioning court, but Sidney's recall to England and Gerard's death in 1581 impeded its progress, as did the outbreak of the second phase of the Desmond Rebellions. For about three years Castle Chamber almost ceased to operate. When in 1583 the Court, in a move to improve its efficiency, struck out of its docket all cases which were more than ten years old, it found itself left with virtually no business left to transact. Under Sir
John Perrot Sir John Perrot (7 November 1528 – 3 November 1592) served as lord deputy to Queen Elizabeth I of England during the Tudor conquest of Ireland. It was formerly speculated that he was an illegitimate son of Henry VIII, though the idea is reject ...
(Lord Deputy 1584–8) the Court was revived as a full-time institution; but ironically one leading case, the conviction of his secretary Henry Bird for forgery, did great damage to Perrot's own career when the conviction was reversed, following accusations by Bird of corruption and torture against Perrot and his allies. Perrot and the Attorney General,
Charles Calthorpe Sir Charles Calthorpe (c.1540–1616 ) was an English-born Crown official and judge in Elizabethan and Jacobean Ireland. Prior to his appointment to the Irish High Court in 1606, he had been Attorney General for Ireland for more than 20 years, ...
, were also accused of bringing politically motivated prosecutions against Perrot's opponents in Government, such as Adam Loftus, for highly technical breaches of the law. Under the second Deputyship of
Sir William FitzWilliam Sir William FitzWilliam (1526–1599) was an English Lord Justice of Ireland and afterwards Lord Deputy of Ireland. In 1587, as Governor of Fotheringhay Castle, he supervised the execution of the death sentence on Mary, Queen of Scots. He was the ...
(1588–94), the Court continued to operate smoothly enough, but in the disturbed political climate during the later stages of 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 ...
, it almost ceased to function. Under Lord Mountjoy (1600-1604) it was convened only once, to hear a charge of judicial corruption against Baron Segrave.


Stuart era

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 ...
and
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
both issued commissions for the continuation of Castle Chamber. Like Star Chamber, it was seen increasingly by the Crown as a suitable instrument for enforcing a strong authoritarian government. Under Charles I, its powers were strengthened by the confirmation of its jurisdiction to hear cases brought by private litigants: this had long been in question, despite the fact that private cases made up a large part of the Court's work. Under Sir
Arthur Chichester Arthur Chichester, 1st Baron Chichester (May 1563 – 19 February 1625; known between 1596 and 1613 as Sir Arthur Chichester), of Carrickfergus in Ireland, was an English administrator and soldier who served as Lord Deputy of Ireland from 160 ...
(Lord Deputy 1605–1616) Castle Chamber instituted a campaign of persecution of
Roman Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
. All Catholic priests were ordered to leave the country at once, numerous fines for
recusancy Recusancy (from la, recusare, translation=to refuse) was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation. The 1558 Recusancy Acts passed in the reign ...
were imposed, and to the dismay of Catholics and even many Protestants, the aged and respected
Bishop of Down and Connor The Bishop of Down and Connor is an episcopal title which takes its name from the town of Downpatrick (located in County Down) and the village of Connor (located in County Antrim) in Northern Ireland. The title is still used by the Catholic Chur ...
,
Conor O'Devany Conor is a male given name of Irish origin. The meaning of the name is "Lover of Wolves" or "Lover of Hounds". '' Conchobhar/Conchubhar'' or from the name ''Conaire'', found in Irish legend as the name of the high king Conaire Mór and other hero ...
, was hanged for treason, despite grave doubts about his guilt. Chichester's actions went well beyond what was thought desirable by the Irish Council, and met strong opposition from the
Anglo-Irish Anglo-Irish people () denotes an ethnic, social and religious grouping who are mostly the descendants and successors of the English Protestant Ascendancy in Ireland. They mostly belong to the Anglican Church of Ireland, which was the establis ...
gentry of
the Pale The Pale (Irish: ''An Pháil'') or the English Pale (' or ') was the part of Ireland directly under the control of the English government in the Late Middle Ages. It had been reduced by the late 15th century to an area along the east coast st ...
, many of whom, like the highly influential Sir Patrick Barnewall, remained openly loyal to the Roman Catholic faith. On the other hand, Chichester had the strong support of the energetic reforming Attorney General, Sir John Davies, who believed that Castle Chamber would be "the best school there was to teach the people obedience." Even at the height of the anti-Catholic campaign, recusancy cases occupied less than half the Chamber's time. There was a notable increase in private business, including cases which on the face of it were outside the Court's remit. Because a charge of forgery was involved, the Chamber became one of many courts to take up the protracted litigation in ''Digby v Kildare'', a
probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...
case between the heirs of
Gerald FitzGerald, 11th Earl of Kildare Gerald is a male Germanic given name meaning "rule of the spear" from the prefix ''ger-'' ("spear") and suffix ''-wald'' ("rule"). Variants include the English given name Jerrold, the feminine nickname Jeri and the Welsh language Gerallt and Iri ...
, only for the Chamber to complain that the complexity of the case left it with little time to deal with anything else. Persecution of
recusants Recusancy (from la, recusare, translation=to refuse) was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation. The 1558 Recusancy Acts passed in the reign ...
continued under
Oliver St John, 1st Viscount Grandison Sir Oliver St John, 1st Viscount Grandison (1559 – 30 December 1630) was an English soldier and politician who became Lord Deputy of Ireland. Early years He was the second son of Nicholas St John (ca. 1526 – 8 November 1589) of Lydiard Park ...
(Lord Deputy 1616–22), and was a major factor in his recall. The anti-Catholic policy ended under
Henry Cary, 1st Viscount Falkland Henry may refer to: People *Henry (given name) *Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, ...
(Lord Deputy 1622–29). Falkland offered a program of
religious toleration Religious toleration may signify "no more than forbearance and the permission given by the adherents of a dominant religion for other religions to exist, even though the latter are looked on with disapproval as inferior, mistaken, or harmful". ...
and increased participation by Catholics in public life, popularly known as the Graces, which operated between 1625 and 1634. Several of the Graces were designed to curb perceived abuses of power by Castle Chamber, though at this stage there was no threat to its existence.


Strafford's administration: the last years of Castle Chamber

The Earl of Strafford (Lord Deputy 1632–41) was determined to impose a strong authoritarian rule in Ireland, and he believed that Castle Chamber was a suitable vehicle for this purpose.Wedgwood pp.143–4 He obtained confirmation from King Charles I that the Chamber had the power to hear suits between private parties, even where the Crown had no interest in the outcome of the case; his apparent aim was to encourage ordinary citizens to complain about abuses of authority by the rich and powerful. Under Strafford's regime the Chamber saw a considerable increase in business, sometimes sitting as often as four days a week. However, he was somewhat informal in his approach to judicial business, and some cases where he was alleged by his enemies to have acted in a tyrannical manner were heard by the full Privy Council. On other occasions he would hold private sessions in his own rooms: this practice was not then considered improper, and the Lord Chancellor of Ireland regularly did the same. Whatever the venue for a judicial hearing, Strafford made full use of his powers against all those men, however powerful, whom he regarded as the King's opponents: they could no longer simply ignore the Lord Deputy's Court, as men like Sir Robert Travers and Sir Walter Coppinger had been able to in past decades. Sir
Piers Crosby Sir Piers Crosby (1590–1646) was an Irish soldier and politician. Crosby was also a leading Irish magnate, owning various estates across the island. He was a man of strong and determined character, and had sufficient political skills to help ...
and Lord Esmonde were convicted of libelling Strafford by alleging that he had caused the death of a relative of Esmonde by ill-treatment. Lord Valentia was
court-martialled A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
and sentenced to death for
mutiny Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among member ...
, although his real offence was to have insulted Strafford personally (in fairness to Strafford, it was never intended that Valentia should die, and in fact, he suffered nothing worse than a short term of imprisonment). The powerful
Earl of Cork Earl of Cork is a title in the Peerage of Ireland, held in conjunction with the Earldom of Orrery since 1753. It was created in 1620 for Richard Boyle, 1st Baron Boyle. He had already been created Lord Boyle, Baron of Youghal, in the County ...
was prosecuted for misappropriating the funds of
Youghal Youghal ( ; ) is a seaside resort town in County Cork, Ireland. Located on the estuary of the River Blackwater, the town is a former military and economic centre. Located on the edge of a steep riverbank, the town has a long and narrow layout. ...
College, and he was needlessly humiliated by being ordered to take down his family monument in
St. Patrick's Cathedral, Dublin Saint Patrick's Cathedral ( ir, Ard-Eaglais Naomh Pádraig) in Dublin, Ireland, founded in 1191 as a Roman Catholic cathedral, is currently the national cathedral of the Church of Ireland. Christ Church Cathedral, Dublin, Christ Church Cathedr ...
. The Lord Chancellor, Lord Loftus, was prosecuted for judicial corruption in the case of the farmer John Fitzgerald, and for improper conduct over his son's marriage settlement; he was suspended from office and forced to give up the Great Seal. It is certain that the Fitzgerald case at least was heard by the Castle Chamber. It has been argued that however unpopular Castle Chamber was with the ruling class, ordinary litigants under the regime of Strafford saw it as a court where they might receive impartial justice against the rich and powerful: Wedgwood points in particular to the case of John Fitzgerald, who successfully petitioned Castle Chamber to release him from custody and to hear his claim for judicial misconduct against Lord Chancellor Loftus.


The end of Castle Chamber

Although it was principally the military disasters in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
which caused the downfall of Strafford, his conduct of Irish affairs and, in particular, his administration of justice and his extensive use of Castle Chamber, formed the basis for many of the articles of
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
brought against him in 1641. Numerous Irish witnesses like Crosby and Esmonde, whom he had prosecuted and humiliated, testified against him. At the same time the Irish Parliament, led by the Catholic lawyer
Patrick D'Arcy Patrick d'Arcy (27 September 1725 – 18 October 1779) was an Irish mathematician born in Kiltullagh, County Galway in the west of Ireland. His family, who were Catholics, suffered under the penal laws. In 1739 d'Arcy was sent abroad b ...
, drew up a remonstrance to the Irish Privy Council called ''the Queries''; this stopped short of demanding the abolition of Castle Chamber but raised grave questions about the legality of its proceedings. The Councillors, most of whom had been supporters of Strafford, found themselves unable to answer the Queries. In 1641, the year of Strafford's execution and the outbreak of the Irish Rebellion, Castle Chamber simply ceased to operate, and although it still existed after the
Restoration Restoration is the act of restoring something to its original state and may refer to: * Conservation and restoration of cultural heritage ** Audio restoration ** Film restoration ** Image restoration ** Textile restoration * Restoration ecology ...
, no serious effort was made to revive it as a working court. Despite the unpopularity of Castle Chamber in its last years, the court soon vanished from public memory; perhaps because it was so easily confused with Star Chamber, its separate existence was quickly forgotten. While the term ''Star Chamber'' has the same pejorative meaning in Ireland as it does elsewhere, it is rarely recalled that an entirely separate ''Castle Chamber'' once existed in Ireland.Crawford pp.419–20


References


External links


A Star Chamber Court in Ireland: The Court of Castle Chamber, 1571-1641, by Jon G. CrawfordStar Chamber Court in Ireland: the Court of Castle Chamber, 1571-1641
{{Kingdom of Ireland Castle Chamber 1571 establishments in Ireland 1640s disestablishments in Ireland Courts and tribunals established in 1571 Courts and tribunals disestablished in the 1640s