Master Of The Rolls In Ireland
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The Master of the Rolls in Ireland was a senior judicial office in the
Irish Chancery 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 place ...
under English and British rule, and was equivalent to the
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
in the English Chancery. Originally called the Keeper of the Rolls, he was responsible for the safekeeping of the Chancery records such as
close roll The Close Rolls () are an administrative record created in medieval England, Wales, Ireland and the Channel Islands by the royal chancery, in order to preserve a central record of all letters close issued by the chancery in the name of the Crown ...
s and
patent roll The patent rolls (Latin: ''Rotuli litterarum patentium'') are a series of administrative records compiled in the English, British and United Kingdom Chancery, running from 1201 to the present day. Description The patent rolls comprise a register ...
s. The office was created by letters patent in 1333, the first holder of the office being
Edmund de Grimsby Edmund de Grimsby, or de Grymesby (died 1354) was an English cleric, Crown official and judge. While his career in Ireland lasted only about a year, he is notable as having been the first Master of the Rolls in Ireland. He derived his name from ...
. As the Irish bureaucracy expanded, the duties of the Master of the Rolls came to be performed by subordinates and the position became a
sinecure A sinecure ( or ; from the Latin , 'without', and , 'care') is an office, carrying a salary or otherwise generating income, that requires or involves little or no responsibility, labour, or active service. The term originated in the medieval chu ...
which was awarded to political allies of the
Dublin Castle administration 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 ...
. In the nineteenth century, it became a senior judicial appointment, ranking second within the Court of Chancery behind the Lord Chancellor of Ireland. The post was abolished by the
Courts of Justice Act 1924 The Courts of Justice Act 1924 ( ga, Acht Cúirteanna Breithiúnais, 1924) was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now Ireland or the Republic of Ireland). Among the new co ...
, passed by the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...
established in 1922.


History of the Office

Until the sixteenth century, the Master of the Rolls was always a clergyman. The office in its early centuries was closely associated with
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 ...
: several medieval Masters of the Rolls served as either
Dean Dean may refer to: People * Dean (given name) * Dean (surname), a surname of Anglo-Saxon English origin * Dean (South Korean singer), a stage name for singer Kwon Hyuk * Dean Delannoit, a Belgian singer most known by the mononym Dean Titles * ...
or
Prebendary A prebendary is a member of the Roman Catholic or Anglican clergy, a form of canon with a role in the administration of a cathedral or collegiate church. When attending services, prebendaries sit in particular seats, usually at the back of the ...
of the Cathedral. The office was originally an administrative rather than a judicial office, and not all of the early Masters were qualified lawyers. As late as the mid-sixteenth century the office was held by John Parker, a layman who had made a fortune from selling hats; nor was his successor,
Henry Draycott Henry Draycott (c. 1510–1572) was an English-born Crown official and judge in sixteenth-century Ireland, who held a number of senior Government offices, including Chancellor of the Exchequer of Ireland. Despite his apparent lack of legal qualifi ...
, as far as is known, a qualified lawyer; yet both performed the duties assigned to them more than competently. At that time, as the older title Keeper of the Rolls suggests, the Master's principal role was to have custody of the Chancery records. This office should not be confused with the separate office of Keeper of Writs and Rolls in the Court of the
Justiciar of Ireland The chief governor was the senior official in the Dublin Castle administration, which maintained English and British rule in Ireland from the 1170s to 1922. The chief governor was the viceroy of the English monarch (and later the British monarch ...
. The Master might act through a Deputy if he was incapacitated or absent on official business, although no actual office of Deputy Master is known to have existed. William Sutton acted as Deputy to his uncle
Robert Sutton Robert Sutton may refer to: Politicians *Robert Sutton (died 1414), MP for Lincoln * Robert Sutton (MP for Derby), see Derby * Robert Dudley alias Sutton (died 1539), MP *Robert Sutton, 1st Baron Lexinton (1594–1668), Member of Parliament for No ...
in the 1420s and
Thomas Archbold Thomas Archbold, or Thomas Galmole (died after 1506) was a goldsmith and silver worker, who evidently qualified as a lawyer, and rose to become a senior Crown official and judge in Ireland in the late fifteenth and early sixteenth centuries. He w ...
deputised for
Thomas Dowdall Thomas Patrick Dowdall (1872 – 7 April 1942) was an Irish Fianna Fáil politician and company director. Early life He was born at Chatham Barracks, Gillingham, Kent, the son of Charles Dowdall, colour sergeant in the 48th foot, and Margare ...
in 1479. In the seventeenth and eighteenth centuries, the office of Master was notoriously a
sinecure A sinecure ( or ; from the Latin , 'without', and , 'care') is an office, carrying a salary or otherwise generating income, that requires or involves little or no responsibility, labour, or active service. The term originated in the medieval chu ...
for absentee politicians, some of them British. Some of the appointments have been described as "farcical".
Richard Rigby Richard Rigby PC (February 1722 – 8 April 1788), was an English civil servant and politician who sat in the British House of Commons for 43 years from 1745 to 1788. He served as Chief Secretary for Ireland and Paymaster of the Forces. Rigby ...
is said never to have set foot in Ireland during the 30 years he held the office, and
William FitzGerald, 2nd Duke of Leinster William Robert FitzGerald, 2nd Duke of Leinster, KP, PC (Ire) (12/13 March 1749 – 20 October 1804) was an Irish liberal politician and landowner. He was born in London. Career FitzGerald made his Grand Tour between 1768 and 1769. During th ...
, who succeeded him, had no qualifications whatever for judicial office.


Nineteenth-century reforms

In the nineteenth century, the office became a full-time judicial position: the Master acted as Deputy to the Lord Chancellor of Ireland, with full powers to hear any
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
brought in the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
. A number of gifted judges, including Sir Michael Smith, Edward Sullivan and
Andrew Marshall Porter Sir Andrew Marshall Porter, 1st Baronet PC, QC (27 June 1837 – 9 January 1919) was an Irish lawyer and judge. Background and education Porter was born in Belfast, the son of Reverend John Scott Porter and his wife Margaret Marshall. He was ed ...
greatly enhanced the reputation of the office.
Michael O'Loghlen Sir Michael O'Loghlen, 1st Baronet (6 October 1789 – 28 September 1842) was a distinguished Irish judge and politician. He was born at Port Ruan, Ennis, County Clare, the third son of Colman O'Loghlen and his second wife, Susannah Finucane ...
was notable not only as a fine judge but as the first
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
appointed to the Bench since 1688. The office was offered to
Daniel O'Connell Daniel O'Connell (I) ( ga, Dónall Ó Conaill; 6 August 1775 – 15 May 1847), hailed in his time as The Liberator, was the acknowledged political leader of Ireland's Roman Catholic majority in the first half of the 19th century. His mobilizat ...
, who admitted that it was ''the only office he truly wanted'' but who nonetheless refused it. Charles Andrew O'Connor, the last holder of the office, was sufficiently highly regarded to be appointed a judge of the new Supreme Court of the Irish Free State.


Supersession

The 1922
Constitution of the Irish Free State The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Supreme Court of Judicature Act (Ireland) 1877 The Supreme Court of Judicature Act (Ireland) 1877 was an Act of the Parliament of the United Kingdom that brought about a major reorganisation of the superior courts in Ireland. It created a Supreme Court of Judicature, comprising the High C ...
, to persist as a transitional measure. In 1923, Charles Andrew O'Connor as Master of the Rolls participated in the Judiciary Committee established by the Free State Executive Council which planned the
Courts of Justice Act 1924 The Courts of Justice Act 1924 ( ga, Acht Cúirteanna Breithiúnais, 1924) was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now Ireland or the Republic of Ireland). Among the new co ...
. In this capacity he caused controversy by refusing to admit an
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
written in Irish because he did not know the language. When the 1924 Act was passed, O'Connor became a judge of the new Supreme Court. The officers of the Chamber of the Master of the Rolls were transferred in 1926 to the
Examiner Examiner or The Examiner may refer to: Occupations * Bank examiner, a kind of auditor * Examiner (Roman Catholicism), a type of office in the Roman Catholic Church * Examinership, a concept in Irish law * Medical examiner * Patent examiner * Tr ...
's Office.


List of Masters of the Rolls in Ireland

*1333
Edmund de Grimsby Edmund de Grimsby, or de Grymesby (died 1354) was an English cleric, Crown official and judge. While his career in Ireland lasted only about a year, he is notable as having been the first Master of the Rolls in Ireland. He derived his name from ...
*1334 William de Bardelby *1337 Robert de Hemmingburgh *1346
William de Whithurst William de Whithurst (died after 1350) was an English Crown official, who held office as a judge in Ireland. He appears to have been a native of Gloucester, where he was the tenant of lands formerly held by William de Holyns. He was a clerk in ...
*1350 Robert de Leycestre *1356
Thomas de Cottingham Thomas de Cottingham ( 1300 – 1370) was an English-born cleric and judge who held the office of Master of the Rolls in Ireland. He took his name from his birthplace, Cottingham, in the East Riding of Yorkshire. He served as a clerk in the Eng ...
*1372
Thomas de Thelwall Thomas de Thelwall (died 1382) was an English judge and Crown official who spent part of his career in Ireland, where he held office as Master of the Rolls in Ireland and Clerk to the Privy Council of Ireland. He was Chancellor of the Duchy of Lanc ...
*1377
Robert Sutton Robert Sutton may refer to: Politicians *Robert Sutton (died 1414), MP for Lincoln * Robert Sutton (MP for Derby), see Derby * Robert Dudley alias Sutton (died 1539), MP *Robert Sutton, 1st Baron Lexinton (1594–1668), Member of Parliament for No ...
*1386 Thomas de Everdon, Dean of St. Patrick's Cathedral *1395 Robert de Faryngton, or de Farrington *1395
Robert Sutton Robert Sutton may refer to: Politicians *Robert Sutton (died 1414), MP for Lincoln * Robert Sutton (MP for Derby), see Derby * Robert Dudley alias Sutton (died 1539), MP *Robert Sutton, 1st Baron Lexinton (1594–1668), Member of Parliament for No ...
, second term *1395 John de Kirkby *1404
Robert Sutton Robert Sutton may refer to: Politicians *Robert Sutton (died 1414), MP for Lincoln * Robert Sutton (MP for Derby), see Derby * Robert Dudley alias Sutton (died 1539), MP *Robert Sutton, 1st Baron Lexinton (1594–1668), Member of Parliament for No ...
, third term *1427 Richard Ashwell *1430 William Sutton *1436
Robert Dyke Robert Dyke, Dyck or Dyche (died 1449) was an English-born cleric and judge who held high office in fifteenth-century Ireland. He was appointed to the offices of Archdeacon of Dublin, Chancellor of the Exchequer of Ireland, Lord High Treasurer of ...
*1450 John Chevir *1461 Patrick Cogley *1461 Peter Trevers *1471
Thomas Dowdall Thomas Patrick Dowdall (1872 – 7 April 1942) was an Irish Fianna Fáil politician and company director. Early life He was born at Chatham Barracks, Gillingham, Kent, the son of Charles Dowdall, colour sergeant in the 48th foot, and Margare ...
*1492 Thomas Butler *1496 John Payne, Bishop of Meath *1513
Thomas Rochfort Sir Thomas Rochfort (c.1450- 1522) was a distinguished Irish judge and cleric who held the offices of Solicitor General for Ireland (he was the first recorded holder of that office), Master of the Rolls in Ireland, and Dean of St. Patrick's Cath ...
, Dean of St. Patrick's Cathedral *1521
Walter Wellesley Walter Wellesley (c.1470-1539) was a sixteenth-century Irish cleric and judge. He was Prior of Great Connell Priory, Bishop of Kildare 1529-39, and Master of the Rolls in Ireland 1531-2. Background and early career He was born about 1470, the se ...
,
Bishop of Kildare The Bishop of Kildare was an episcopal title which took its name after the town of Kildare in County Kildare, Ireland. The title is no longer in use by any of the main Christian churches having been united with other bishoprics. In the Roman Cat ...
*1522 Thomas Darcy, Dean of St. Patrick's Cathedral *1523 John Rycardes, Dean of St. Patrick's Cathedral *1528 Thomas Darcy, second term *1530
Anthony Skeffington Anthony Skeffington (died after 1535) was an English-born cleric and judge in Ireland. He was born in Skeffington, Leicestershire. He was a cousin (possibly a brother) of Sir William Skeffington, who served as Lord Deputy of Ireland in 1529–32 ...
*1533
John Alan Sir John Alan (also spelt Alen or Alleyn; c. 1500 – 1561) was a leading English-born statesman in sixteenth century Ireland. He was a member of the Irish House of Commons, and held the offices of Master of the Rolls in Ireland, Chancellor of the ...
*1539
Robert Cowley Robert Cowley is an American military historian, who writes on topics in American and European military history ranging from the Civil War through World War II. He has held several senior positions in book and magazine publishing and is the foundi ...
*1542 Thomas Cusack *1543 Nicholas Wycombe *1550 Patrick Barnewall *1552 John Parker *1566
Henry Draycott Henry Draycott (c. 1510–1572) was an English-born Crown official and judge in sixteenth-century Ireland, who held a number of senior Government offices, including Chancellor of the Exchequer of Ireland. Despite his apparent lack of legal qualifi ...
*1572 Nicholas White, first term *1578
Edward Fitz-Symon Edward Fitz-Symon ( 1530–1593) was a leading Irish barrister and judge of the Elizabethan era. He held the offices of Attorney General for Ireland, Serjeant-at-law (Ireland) and very briefly Master of the Rolls in Ireland. ''Calendar of the Pa ...
*1578 Nicholas White, second term *1593 Anthony St Leger *1609
Francis Aungier, 1st Baron Aungier of Longford Francis Aungier, 1st Baron Aungier of Longford (1558–1632), also known as Lord Aungier, was the progenitor of the Earl of Longford, Earldom of Longford, member of the House of Lords, Privy Councillor for Ireland and Master of the Rolls in Irel ...
*1633
Christopher Wandesford Christopher Wandesford (24 September 1592 – 3 December 1640) was an English administrator and politician who sat in the House of Commons between 1621 and 1629. He was Lord Deputy of Ireland in the last months of his life. Life Wandesford was ...
*1641 Sir John Temple *1677
Sir William Temple, 1st Baronet Sir William Temple, 1st Baronet (25 April 162827 January 1699) was an English diplomat, statesman and essayist. An important diplomat, he was recalled in 1679, and for a brief period was a leading advisor to Charles II, with whom he then fell ...
*1689
Sir William Talbot, 3rd Baronet Sir William Talbot, 3rd Baronet (c.1643-1691) was the last of the Talbot baronets of Carton: his title was forfeited on account of his loyalty to King James II of England. He was an Irish politician and judge, who served briefly as Master of the ...
*1690
Sir William Temple Sir William Temple, 1st Baronet (25 April 162827 January 1699) was an English diplomat, statesman and essayist. An important diplomat, he was recalled in 1679, and for a brief period was a leading advisor to Charles II, with whom he then fell ...
, second term *1696
William Berkeley, 4th Baron Berkeley of Stratton William Berkeley, 4th Baron Berkeley of Stratton PC, PC (I) (d. 24 March 1741), was a British politician and judge, of the Bruton branch of the Berkeley family. He was Master of the Rolls in Ireland between 1696 and 1731 and also held political ...
*1731 Thomas Carter *1754 Henry Singleton *1759
Richard Rigby Richard Rigby PC (February 1722 – 8 April 1788), was an English civil servant and politician who sat in the British House of Commons for 43 years from 1745 to 1788. He served as Chief Secretary for Ireland and Paymaster of the Forces. Rigby ...
*1788 William Robert Fitzgerald, 2nd Duke of Leinster *1789
John Crosbie, 2nd Earl of Glandore John Crosbie, 2nd Earl of Glandore PC, FRS (25 May 1753 – 23 October 1815), styled Viscount Crosbie between 1777 and 1781, was an Irish politician. Crosbie was the only surviving son of William Crosbie, 1st Earl of Glandore, by his first w ...
and
John Proby, 1st Earl of Carysfort John Joshua Proby, 1st Earl of Carysfort, Order of St Patrick, KP, Her Majesty's Most Honourable Privy Council, PC, Privy Council of Ireland, PC (Ire), Royal Society, FRS (12 August 1751 – 7 April 1828) was a British judge, diplomat, Whig (Br ...
jointly *1801 Sir Michael Smith, 1st Baronet *1806
John Philpot Curran John Philpot Curran (24 July 1750 – 14 October 1817) was an Irish orator, politician, wit, lawyer and judge, who held the office of Master of the Rolls in Ireland. He was renowned for his representation in 1780 of Father Neale, a Catholic pri ...
*1814 Sir William MacMahon, 1st Baronet *1837 Sir Michael O'Loghlen, 1st Baronet *1842
Francis Blackburne Francis Blackburne PC (Ire) KS (11 November 1782 – 17 September 1867) was an Irish judge and eventually became Lord Chancellor of Ireland. Background Born at Great Footstown in County Meath, he was the son of Richard Blackburne of Great Foo ...
*1846 Thomas Berry Cusack Smith *1866
John Edward Walsh John Edward Walsh (12 November 1816 – 20 October 1869) was an Irish lawyer and Conservative politician. He served as Attorney-General for Ireland in 1866 and as Master of the Rolls in Ireland from 1866 to 1869. Background and education Wa ...
*1870
Sir Edward Sullivan, 1st Baronet Sir Edward Sullivan, 1st Baronet, PC (Ire) (10 July 1822 – 13 April 1885) was an Irish lawyer, and a Liberal Member of Parliament for Mallow, 1865–1870 in the House of Commons of the United Kingdom of Great Britain and Ireland. He was als ...
*1883 Sir Andrew Porter, 1st Baronet *1906
Richard Edmund Meredith The Rt. Hon. Richard Edmund Meredith PC, QC (18 November 1855 – 26 January 1916), was the Master of the Rolls in Ireland, a Privy Councillor and Judicial Commissioner of the Irish Land Commission. Career Born at Summerhill, County Dublin, Me ...
*1912 Charles Andrew O'Connor (last holder) Office abolished in 1924.


See also

*
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...


References


Sources

*''The Oxford Companion to Law'', ed David M Walker, 1980 *''The Judges in Ireland 1221–1921'', F. Elrington Ball, 1926 *''Chronicle of the Law Officers of Ireland'' Constantine Joseph Smyth 1839 {{DEFAULTSORT:Master of the Rolls in Ireland Political office-holders in pre-partition Ireland Master of the Rolls in Ireland