John Toler, 1st Earl Of Norbury
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John Toler, 1st Earl of Norbury PC, KC (3 December 1745 – 27 July 1831), known as The Lord Norbury between 1800 and 1827, was an Irish lawyer, politician and judge. A greatly controversial figure in his time, he was nicknamed the "Hanging Judge" and was considered to be one of the most corrupt legal figures in Irish history. He was
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 ...
between 1800 and 1827.


Background and education

Born at Beechwood, Nenagh,
County Tipperary County Tipperary () is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Munster and the Southern Region, Ireland, Southern Region. The county is named after the town of Tipperary (tow ...
, Norbury was the youngest son of Daniel Toler, M.P., and Letitia, daughter of Thomas Otway (1665–1724), of Lissenhall, Nenagh, County Tipperary. His elder brother Daniel Toler was also a politician, serving as High Sheriff for Tipperary and also as M.P. for Tipperary. The Toler family was originally from
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but settled in County Tipperary in the 17th century. He was educated at Kilkenny College and at
Trinity College Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...
. He lived at Cabragh House on the corner of the present day Fassaugh Avenue and Rathoath Road in Cabra, Dublin. He also had a townhouse at No 3 Great Denmark Street, Dublin. He had a country house and estate at
Durrow Abbey Durrow Abbey is a historic site in Durrow, County Offaly in Ireland. It is located off the N52 some 5 miles from Tullamore. Largely undisturbed, the site is an early medieval monastic complex of ecclesiastical and secular monuments, visible an ...
,
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.


Political and legal career, 1770–1800

After graduating from university Norbury entered the legal profession and was called to the Irish Bar in 1770. In 1781 he was appointed a
King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
. Norbury was returned to the Irish Parliament for
Tralee Tralee ( ; , ; formerly , meaning 'strand of the River Lee') is the county town of County Kerry in the south-west of Republic of Ireland, Ireland. The town is on the northern side of the neck of the Dingle Peninsula, and is the largest town in ...
in 1773, a seat he held until 1780, and later represented Philipstown between 1783 and 1790 and
Gorey Gorey () is a market town in north County Wexford, Ireland. It is bypassed by the main N11 road (Ireland), M11 Dublin to Wexford road. The town is also connected to the Gorey railway station, railway network along the same route. Local newspape ...
from 1790 until the Act of Union in 1801. In 1789 he was appointed
Solicitor-General for Ireland The Solicitor-General for Ireland was the holder of an Kingdom of Ireland, 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 ...
, which he remained until 1798 when he was promoted to
Attorney-General for Ireland The Attorney-General for Ireland was an Kingdom of Ireland, Irish and then, from 1801 under the Acts of Union 1800, United Kingdom government office-holder. He was senior in rank to the Solicitor-General for Ireland: both advised the Crown on ...
and sworn of the Irish Privy Council. In his role as Attorney-General he was responsible for the prosecution of those involved in the
Irish Rebellion of 1798 The Irish Rebellion of 1798 (; Ulster Scots dialect, Ulster-Scots: ''The Turn out'', ''The Hurries'', 1798 Rebellion) was a popular insurrection against the British Crown in what was then the separate, but subordinate, Kingdom of Ireland. The m ...
. According to The Dictionary of National Biography "his indifference to human suffering … disgusted even those who thought the occasion called for firmness on the part of government". In 1799, he brought forward a law which gave the
Lord Lieutenant of Ireland Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the K ...
power to suspend the
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Act and to impose
martial law Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...
.


Chief Justice of the Irish Common Pleas, 1800–1827

In 1800 he was appointed
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 ...
and raised to the
Peerage of Ireland The peerage of Ireland consists of those Peerage, titles of nobility created by the English monarchs in their capacity as Lordship of Ireland, Lord or Monarchy of Ireland, King of Ireland, or later by monarchs of the United Kingdom of Great B ...
as Baron Norbury, of Ballycrenode in the County of Tipperary. His appointment to the bench was controversial and Lord Clare, the Lord Chancellor of Ireland, is said to have quipped: "'Make him a bishop, or even an archbishop, but not a chief justice'". Norbury's tenure as Chief Justice lasted for twenty-seven years, despite the fact that, the ''Dictionary of National Biography'' opines, "his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance." This earned him the nickname the "Hanging Judge". It has been said of him that he was "generally regarded as Ireland's most notorious judge with a penchant for hanging that ran even the infamous Judge Jeffreys close." His most famous trial was that of Irish Republican leader Robert Emmet. Norbury interrupted and abused Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century. However, Norbury's position eventually became untenable even to his strongest supporters, especially with the British government's aim of establishing a better relationship with the Catholic majority. His reputation was tainted in 1822, when a letter written to him by William Saurin, the
Attorney-General for Ireland The Attorney-General for Ireland was an Kingdom of Ireland, Irish and then, from 1801 under the Acts of Union 1800, United Kingdom government office-holder. He was senior in rank to the Solicitor-General for Ireland: both advised the Crown on ...
, was discovered, in which Saurin urged Norbury to use his influence with the Irish Protestant gentry which made up local juries against the Catholics (Saurin was dismissed soon afterwards). He found his greatest adversary in Daniel O'Connell, to whom Norbury was "an especial object of abhorrence". At O'Connell's instigation the case of Saurin's letter was brought before the
British Parliament The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of ...
by Henry Brougham. Norbury survived this as well as an 1825 petition drawn up by O'Connell, which called for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given. However, it was not until George Canning became Prime Minister in 1827 that Norbury, then in his eighty-second year, was finally induced to resign. His resignation was sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King's County, in the Peerage of Ireland. Unlike the barony of Norbury these titles were created with remainder to his second son Hector John (his eldest son Daniel was then considered mentally unsound).


Personal life

On 2 June 1778, Lord Norbury married Grace, daughter of Hector Graham and Isabella Maxwell. They had two sons and two daughters, including: * Lady Letitia Toler (–1847), who married William Browne, son of Robert Browne and Eleanor Morres, in 1813. * Daniel Toler, 2nd Baron Norwood (1781–1832), who was considered "insane" and died unmarried.Mosley, Charles, editor. ''Burke's Peerage, Baronetage & Knightage, 107th edition, 3 volumes.''
Wilmington, Delaware Wilmington is the List of municipalities in Delaware, most populous city in the U.S. state of Delaware. The city was built on the site of Fort Christina, the first Swedish colonization of the Americas, Swedish settlement in North America. It lie ...
: Burke's Peerage (Genealogical Books) Ltd, 2003, vol. 2, p. 2904.
* Hector John Graham-Toler, 2nd Earl of Norbury (1781–1839), who married Elizabeth Brabazon, daughter of William Brabazon and Elizabeth Phibbs, in 1808. In 1797 Grace was raised to the Peerage of Ireland as Baroness Norwood, of Knockalton in the County of Tipperary, in honour of her husband. She died in 1822 and was succeeded in the barony by her eldest son, Daniel. Lord Norbury survived her by nine years and died at his Dublin home at 3 Great Denmark Street in July 1831, aged 85. He was succeeded in the barony of Norbury by his eldest son Daniel and in the viscountcy and earldom according to the special remainder by his second son, Hector. In 1832 the latter also succeeded his elder brother in the baronies of Norwood and Norbury.Kidd, Charles, Williamson, David (editors). ''Debrett's Peerage and Baronetage'' (1990 edition). New York: St Martin's Press, 1990. He was considered to be the father of John Brinkley. He was shot "by an assassin, in his own plantation" at Durrow in 1839, although if his obituary is to be believed he had gone further than most Ascendancy landlords to assuage his tenants' lot.''The Gentleman's Magazine
'', p. 312, March, 1839


References


External links

* ">- {{DEFAULTSORT:Norbury, John Toler, 1st Earl of 1745 births 1831 deaths People educated at Kilkenny College">1831 deaths">1745 births 1831 deaths People educated at Kilkenny College Alumni of Trinity College Dublin Peers of Ireland created by George III Earls of Norbury, 01 Irish MPs 1776–1783 Irish MPs 1783–1790 Irish MPs 1790–1797 Irish MPs 1798–1800 Solicitors-general for Ireland Toler, John Members of the Privy Council of Ireland People from Nenagh Chief justices of the Irish Common Pleas Burials at St. Mary's Churchyard, Dublin Members of the Parliament of Ireland (pre-1801) for County Kerry constituencies Members of the Parliament of Ireland (pre-1801) for King's County constituencies Members of the Parliament of Ireland (pre-1801) for County Wexford constituencies Serjeants-at-law (Ireland) People from Cabra, Dublin Peers of Ireland created by George IV