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Exchequer, John Wainwright, was an Englishman, who, like Lord Wyndham and Chief Justice Reynolds, had no connexion with this •country before his appointment in 1732 to its Judicial Bench. In connexion with his residence at Mount Merrion, I have already told the Society1 of the classical attainments of this scholarly Judge, of the circle of distinguished persons whose friendship he enjoyed, chief amongst whom were the great Duke of Newcastle, who had been his schoolfellow, Viscountess Sundon, the confidential friend of Queen Caroline, whom he styles his guardian angel, and Bishop Berkeley, who wrote the inscription on a monument in Chester Cathedral, erected by Wainwright to the memory of his father and grandfather, and finally of his own untimely death in 1741, from brain fever, contracted while on the Munster Circuit. A mezzotint of him, which is here reproduced, is preserved in the Irish National Gallery.
Buncle," vol. iii., p. 36; "Loveday's Tour," in Roxburghe Series, p. 29: "Correspondence of John, fourth Duke of Bedford," edited by Lord John Russell, vol. ii., p. 101; "Letters of Hugh Boulter, D.d.," vol. i., p. 67; Stowe MSS., British Museum, Add. MS. 750, ff. 104, 135, 244 \ Pue'a Occurrences, May 10-14, and May 14-17, 1743; Burke's " Landed Gentry " (ed. 1847), p. 1520. 1 See the Journal, vol. xxviii., p. 332.
THE COURTS, JUDGES, AND LEGAL OFFICE-HOLDERS OF
BY RICHARD J. KELLY, Bakristee-at-law.
Tk the year 1739—one hundred and sixty-four years ago now—theIrish Judiciary and the subordinate legal office-holders in Dublin were, considering the population of the country and its comparative wealth, rather numerous, and the "establishment" well appointed. The fact is historically interesting as a matter of comparative legal history; but while the office-holders were many, the cost of their maintenance, judged by the Parliamentary Estimates, was not proportionately heavy on the country. My object is not to justify the present by a contrast with the past, but to refer to the period only so far as the names of the officials and the offices they held are concerned. From an antiquarian point of view, the record of these names and offices is not without some passing interest.
In 1739 George II. was King, Sir Robert Walpole Prime Minister. The Duke of Devonshire was Lord Lieutenant of Ireland, and the Right Hon. Thomas Lord Baron "Wyndham of Finglas was Lord Chancellor of Ireland, the English Chancellor being Lord Hardwicke. Primate Boulter, Archbishop of Armagh, was the great Irish politicoecclesiastic of that day, and the Dean of St. Patrick's was the celebrated Jonathan Swift; while the Dean of Cloyne was the Rev. Isaac Goldsmith, a relative of Oliver, then a struggling writer in London. These were curious times; and high judicial and ecclesiastical functionaries were not above living upon the public in more ways than the recognised one now of drawing a salary very often in inverse proportion to service.
Dr. John Hoadley was Archbishop of Dublin; and six years previously to the year under review, we find that careful divine addressing to the English Lord Chancellor a letter which Lord Campbell, in his "Life of Lord Hardwicke," considers so remarkable that he reproduces it; and as it sheds a strange light upon things in those times, I now reprint the curious " episcopal expostulation." It runs thus :—
"My Lord,—Ever since I have had the honour of being acquainted with Lord Chancellors I have lived in England and Ireland upon Chancery papers, pens and wax. I was not willing to lose an old advantageous custom. If your lordship have any to spare me by my servant, you will oblige your very humble servant,
"john Dublin, April 11, 1733."
This is a curious instance of how even high Church dignitaries did not disdain to live upon what would now be certainly regarded, and rightly so, as "public plunder"; but Church livings were then openly sold in the market for political services. It is further interesting to note that it was about this period that the Latin tongue in written pleadings, in both civil and criminal suits, was abandoned for the English. But that salutary and sensible reform was not passed in Parliament without some alarm being expressed that thereby " a wide door would be opened to fraud, that prosecutions for crimes would be rendered more difficult and ■expensive, and that the recovery of small debts would become impossible." All this and more was to result from the substitution of English for the quaint Latinity of the lawyers of that day. The English Act abolishing Latin in pleadings was the 4 Geo. II., c. 26, though by the 6 Geo. II., c. 14, such technical expressions as nisi prim, quare tmpedit, were still allowed to be used. This useful change was only effected in 1733—a little before the year I deal with—and probably in 1739, soon after, the same wholesome reform passed over to Ireland; for that it was eertainly not used in anticipation here, we may safely assume.
The Chancery Court.
As stated, Baron Wyndham was Irish Lord Chancellor. The Master of the Bolls was the Bight Hon. Thomas Carter, with offices in King's Inns. There were four Masters in Chancery, namely, Dr. "William Vesey, Dr. Thomas Trotter, Dr. "William Hore, and Dr. Edward Knatchbull, with an office in the no longer classic region of Darby-square. There were six clerks, namely, Thomas Towers, of Boss-lane; Charles Powell, of Darbysquare ; Isaac Dobson, of Bride-street; Edward Bichardson, of Chancerylane ; John Burton, of same; and Michael Jones, of Skinner's-row. The Clerk of the Crown and Hanaper was Sir Compton Domville, Bart.; Deputy Clerk, Edward Madden, of Bride-street. The "Begisters,'' Bichard Hill and Bichard Tisdall, with "William Cooper, of Darby-square, as deputy. The " Cursitor" was the Bight Hon. William Connolly, with, as deputy, Daniel Heatly, of Great Temple Bar. The Begister and Clerk of Faculties was Charles Baldwin, with "William Williams, of Kevinstreet, as deputy. The Secretary to the Lord Chancellor was Edward Knatchbull, of Stephen's-green, with Thomas Cooper, of Peter-street, as deputy. The Pursebearer was Norton Knatchbull, and the Chief Examiners, "William Cooper, Henry Ussher, with Bichard Jones and William Ouseley, of Darby-square, as deputies. The Usher was Charles Broughton, and the Pursuivant was James Brown. The Deputy Clerk of the Bolls was Thomas Smith. The Treasurer to the Hon. Society of the King's Inns was the Bight Hon. Thomas Carter, with, as his Stewards, Mathias Beilly, and Francis Elrington.
The CorBT Of Kino's Bench.
The Court of King's Bench was situated at Schoolhouse-lane. The Lord Chief Justice was the Right Hon. John Rogerson, who lived at Mary-street. The second Justice was Michael "Ward, of Great Britainstreet. The third Justice was Henry Rose, of Dominick-street.
The combined offices of Clerk of the Crown, Prothonotary, Keeper of the "Writs, "Philizer," Clerk of the Entries, and Clerk of the Errors were centred in the Right Hon. Thomas Carter and Thomas Carter (his son), of Henrietta-street. The Deputy Clerk of the Crown was St. John BowdeD, of Jervi6-street, and the Clerk to the Lord Chief Justice was Alexander Carroll, of Great Ormond "Key," as it is printed in the old books.
The CouhT Of Common Pleas.
The Court of Common Pleas had its office in Winetavern-street. The Lord Chief Justice was the Right Hon. James Reynolds, of York-street; and the second Justice was George Gore, of Oxmanstown Green; third Justice, Robert Lindsay, of Suffolk-street; "Prothonotary," John Maxwell, of Little Green, and Keeper of "Writs and "Chirographer," Thomas Acton and "William Acton (his son); deputy, "William Sandys, of Bridestreet. The "Philizer" (as it is spelled, and probably an official having something to do with filing documents) was James Doyne, with "William Marshall (gent.) as his deputy. The "Exigenter" was Dr. Edward Knatchbull, with Richard Wilson (gent.) as deputy. The Clerk of the "Warrants was James Fenner (gent.); the Clerk of the Entries, "William Fenner, and Clerk of the "Essoins" and Clerk of the Juries, "William Fenner (gent.). The Clerk of the Outlawries was Samuel "White (gent.), of Peter-street. The three Examiners were "William Fenner, "William Marshall, and "William Sandys. The Clerk to the Lord Chief Justice was Richard "Wilson, of Darby-square ; and Mr. Justice Gore's clerk was Lewis Meares, of Capel-street, and Mr. Justice Lindsay's, "William McCausland, of Jervis-street. The Deputy Seal-Keeper was "William Fenner, junior, of Jcrvis-6treet, and the Tipstaff, Richard "Wilson, junior, and "Cryer" John Smith.
The Court Of Exchequeh.
The Court of Exchequer had its offices in Exchequer Office, Kennedy'slane. The Lord High Treasurer was the Right Hon. Richard Earl of Burlington and Cork; the Vice-Treasurers, Right Hon. Pattee Lord Viscount Torrington and Right Hon. Richard Edgecumbe; Deputy ViceTreasurer, Right Hon. Luke Gardiner, Treasury Office, Dublin Castle; Chancellor of the Exchequer, Right Hon. Marmaduke Coghill, of Capelstreet. The Lord Chief Baron was the Right Hon. Thomas Marlay, of Henry-street; second Baron, Sir John St.Leger, Knt.,of Capel-street; third Baron, John Wainwright, of William-street; Prime Serjeant, Henry Singleton, of Jems-street; Attorney-General, Robert Jocelyn, of Peterstreet; Solicitor-General, John Bowes, of Werburgh-street. The second Serjeant was Richard Bettcsworth, of Ship-street, and the third Serjeant, Robert Marshall, of Hoey's Court. The Auditor-General was Lord Nassau Powlett, with Lewis Jones, of Lower Castle-yard, as deputy. The Escheator of Leinster was Lewis Meares, of Capel-street. The Surveyor-General of Lands, Supervisor and Valuer of His Majesty's Honours, was the Hon. William Molesworth. The Chief Remembrancer was Henry Lord Viscount Palmerston, with office in Exchequer Office, Kennedy's-lane; his deputy, Robert Roberts; "Philizer," Richard Vincent; secondaries, Edward Warren, Francis Anderson, and Abraham Hill, with Robert White as Deputy Philizer. The second Remembrancer was Richard Morgan, and Richard Morgan, his son; deputy, Joseph Harrison, of Great Fishamble-street. The Clerk of the Pleas of the Exchequer was David Nixon, with James Flack as deputy. The "Clerk of the Pipe" was the Hon. John Butler, with Thomas Cade as deputy. The Chief Chamberlain was Robert Fox, with James Wall and Chm-les Wm. Wall, his son, as second Chamberlains. The Controller of the Pipe was Lewis Meares; and Lewis Meares, his son, with Thomas Hanly as deputy. The Usher of the Exchequer was Benjamin Gale. The "Transcriptor and Foreign Apposer" was William Lingen, with John Caldbeek as deputy. The "Summonister" and Clerk of the Estreats was William Roberts, Ll.d., of Kennedy's-lane, with Thomas Green as deputy.
The " Marshal of the Four Courts" was Eleazar Peirson and Colman Peirson, his son, with offices at the Marshal sea, Coal-key, and Fishamblestreet. The Clerk of the Polls was George Bubb Doddington, with John Bayly as deputy. The Clerk of the First Fruits was Richard Tickell, and Roger Sheill his deputy. The Cryer of the Exchequer was Mark White, with Henry Maudsley as deputy. The Pursuivant of the Exchequer was Chudley Dering, with Thomas Hanly as deputy. The Auditor of Foreign Acconipts and Imprests was Henry Dering and Robert King. The Clerk to the Lord Chief Baron was Mark White, of Bride-street; Clerk to Baron St. Leger, John Dennis, of Stephen's-green; and Clerk to Baron Wainwright, Thomas Pocklington, of Stephen's-green. What were called the " Examinators" were Mark White, Thomas Pocklington, John Dennis; and the Deputy Keeper of the Seals was James Flack, junior (gent.). All these officers, including the Chancellor of the Exchequer, are given in the old books as officers of the Exchequer; and one is struck by the unfamiliar titleB of the offices and their multiplicity, and the plurality of the holders. Although the volume of business was not even as large as('_it is to-day, the offices certainly were more numerous.