Wikipedia / Attorney-General for Ireland
Wikipedia / Attorney-General for Ireland
The Attorney-General for Ireland was an 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 Irish legal matters. With the establishment of the Irish Free State in 1922, the duties of the Attorney-General and Solicitor-General for Ireland were taken over by the Attorney General of Ireland. The office of Solicitor-General for Ireland was abolished at the same time for reasons of economy. This led to repeated complaints from the first Attorney General of Ireland, Hugh Kennedy, about the "immense volume of work" which he was now forced to deal with single-handedly.
History of the office
The first record of the office of Attorney General for Ireland, some 50 years after the equivalent office was established in England, is in 1313, when Richard Manning or Mannyn was appointed King's Attorney, or "King's Serjeant who follows the pleas" (the title Attorney General was not used until the 1530s), at a salary of 5 marks a year. The Attorney General was initially junior to the serjeant-at-law, but since the titles King's Serjeant and King's Attorney were often used interchangeably, as in the case of Richard Manning, it can be difficult to establish who held which office at any given time. Thomas Dowdall, for example, like Manning before him, was called Serjeant-at-law and King's Attorney in the 1460s at almost the same time. Early holders of the office, including Manning, were permitted to take private clients. Manning is on record as acting as attorney for Meiler Kendal in 1310, prior to his appointment as Attorney-General. Casey states that the records cast very little light on the duties of the Attorney-General in the early years, possibly a reflection of his inferior status compared to the Serjeant-at-law.
There are at least two references to a Deputy Attorney-General. The first was in 1385, when Robert Hemynborough, or de Hemynborgh, was appointed Attorney-General "with power to appoint a Deputy". Two centuries later, Edward Butler, who became Attorney-General in 1582, had acted as deputy from 1578 to 1580. Apart from these two examples, there is no evidence that the Deputy Attorney-General was a permanent position, nor do we know why it was considered necessary to appoint Butler to this office (pressure of work may be the explanation).
The early Attorneys-General might be licensed to appear in certain courts only. William Rouse (1342), Peter de Leycestre (1357), William Lynnoor (1359), Henry Mitchell (1372) and John Barry (1401) were all given a patent to plead in the Court of Common Pleas and the Court of Exchequer. John White was described in 1426 as "King's Attorney in the King's Bench and the Exchequer". Robert le Hore in 1379 was appointed King's Attorney to plead "before the justices of the Bench (this was not the Couurt of Bench but an early name for the Court of Common Pleas) and the Treasurer and chamberlains of the Exchequer". In 1499 Clement Fitzleones, less typically, was appointed "King's Attorney in all Courts". The Serjeant-at-law, by contrast, was generally licensed to appear in all the royal courts, although John Haire in 1392 was described as "Serjeant-at-law of our Lord the King in the Common Pleas".
Perhaps because the Attorney-General was in the earlier centuries junior to the Serjeant-at-law, some holders of the office were probably not as highly qualified as the Serjeant. Thomas Archbold (or Galmole), appointed Attorney-General in 1478, was a goldsmith by profession, and, perhaps more suitably, was also Master of the Royal Mint in Ireland.
The Attorney-General and the Serjeant-at-law
In 1537 there was a short-lived attempt, following the report of a royal commission, to expand the role of the Attorney General, and abolish the office of King's Serjeant. The proposal was defeated largely through the firm opposition of the Serjeant-at-law, Patrick Barnewall, who argued that pleading cases on behalf of the Crown was and always had been the proper task of the Serjeant-at-law: "the King's Serjeant has always used to maintain the Pleas.... for this two hundred years and more". Why the more junior office was favoured over the much longer-established office of Serjeant is not clear.
From the early 1660s, due largely to the personal prestige of Sir William Domville (AG 1660–1686), the Attorney General became the chief legal adviser to the Crown. In certain periods, notably during the reign of Elizabeth I, who thought poorly of most of her Irish-born law officers, the English Crown adopted a policy of choosing only English lawyers for this office, and also the Solicitor-General. Her successor King James I in 1620, on the appointment of Sir William Ryves, noted that the Attorney-General and Solicitor-General "have always been of the King's choice and special nomination", and that they were the Crown servants in whom the King places, above his other learned counsel and officers of the Court: "his more special trust regarding the preservation of his revenue and possessions". It is interesting that the King here seems to place the Attorney and the Solicitor above the Serjeant-at-law in importance.
Attorney-General in politics
The Attorney-General, in later centuries at least, was always a member of the Privy Council of Ireland (in earlier centuries as a rule only the Serjeant-at-law attended the Council, but Stephen Roche, Attorney General 1441–44, attended the Great Council of 1441).
A strong Attorney, like Philip Tisdall, William Saurin, or Francis Blackburne, could exercise great influence over the Dublin administration. Tisdall (AG 1760–1777), was for much of his tenure as Attorney General also the Government leader in the Irish House of Commons, and a crucial member of the administration. Saurin (AG 1807–1822) was regarded for many years as the effective head of the Dublin Government, until his career was ended by his opposition to Catholic emancipation. In 1841 Blackburne (AG 1830–1834, 1841–1842), on being challenged about a proposed appointment within his own office, said firmly that he "would not a refusal to ratify the appointment".
The office of Attorney General was described as being "a great mixture of law and general political reasoning".
Attorneys-General for Ireland, 1313–1922
14th century
Richard Manning: appears as a barrister in private practice in 1310; appointed "King's Attorney" or King's Serjeant for Ireland 1313. Still in office in 1327.
William de Woodworth: c. 1327
Thomas of Westham: 1334
William Rouse: 17 April 1342
William le Petit: 1343
Nicholas Lumbard, or Lombard: 1345
Robert de Emeldon: 1348
John de Leycestre, or Lecestre: 1357
William Lynnoor: 12 February 1359
Henry Mitchell: 1372; promoted to Chief Baron of the Irish Exchequer 1376
Robert Hore, or le Hore: 1379, superseded 1381. He appears to have served a second term in 1383–84, as he was re-appointed on 21 October 1383 and the Close Rolls have an order to pay his arrears of salary for those two years. On 28 July 1385 he was ordered not to "interefere" with the Office of Attorney-General any further.
Thomas Malalo: 15 January 1381
Robert Hemynborgh or de Hemynborough: 18 July 1385 (first term). He had the power to appoint a Deputy, one of the very few references in the records to such an office. His patent of office was renewed in 1407 on the same terms. He was to receive the same salary as Henry Mitchell had i.e. 1 pound and 1 shilling.
15th century
Name | Term of office | Reason for leaving office | |
20 January 1400, having stepped down as a judge | |||
John Barry | appointed 16 February 1401; | still in office in 1404 | |
Robert de Hemynborough | appointed for a second term in 1407, in the same manner as King Richard II had previously granted the office to him. | ||
John Whyte or White | appointed 20 August 1412 re-appointed 4 October 1413 re-appointed 19 October 1422; | still in office 1426, when he was described as "the King's Attorney in the Exchequer" | |
1441 | |||
1444 | |||
1450 | |||
1463 | |||
1471 or 1472 | |||
1478 | |||
1480 | |||
1491 | |||
1499 | By 1505 | Appointed as King's Serjeant |
16th century
incomplete - Smyth in his book Chronicle of the Irish Law Officers (London, 1839) noted that the destruction of many State records made it impossible to compile a full list of holders of the office. With the exception of one roll for the 6th year of Henry VIII (1514–5), the patent rolls for the reign of that monarch were extant from the 22nd year of his reign (1530–31), at the time of the Four Courts fire in 1922.
Name | Portrait | Term of office | Reason for leaving office |
1504 | 1504 | Appointed as Solicitor-General for Ireland and King's Serjeant | |
Nicholas Fitzsimons | 1504 or later | 1514 | Appointed third Baron of the Exchequer |
Unknown | |||
18 August 1532 | 12 August 1535 | Appointed as a Judge of the Court of King's Bench (Ireland) | |
August 1535 | 17 January 1554 also | Appointed as a Judge of the Court of King's Bench (Ireland) | |
1554re-appointed 26 January 1559 | 1559 | Dismissed | |
James Barnewall | 3 September 1559 | ||
8 November 1566 | 17 May 1570 | Appointed as Chief Baron of the Irish Exchequer | |
4 June 1570 | 21 February 1574 | Appointed as King's Serjeant | |
21 February 1574 | 1577 | Removed from office | |
13 September 1577 | 1580 | "returned to England in 1580, when he was appointed serjeant-at-law" | |
Christopher Flemyng, or Fleming | 9 September 1580 | Death | |
8 August 1582 | 20 September 1583 | Appointed as a Judge of the Court of Queen's Bench (Ireland) | |
Charles Calthorpe, afterwards Sir Charles | 22 June 1584 | 19 April 1606 | Appointed as a Judge of the Court of Common Pleas (Ireland) |
17th century
Name | Portrait | Term of office | Reason for leaving office |
19 April 1606 | 1619 | Resigned | |
30 October 1619 | 7 August 1636 | Appointed as a Judge of the Court of King's Bench (Ireland) | |
Richard Osbaldeston of Gray's Inn | 7 August 1636 | June 1640 | Death |
20 July 1640 | |||
William Basil | 18 July 1649 | 24 January 1659 | Appointed as Chief Justice of the Upper Bench for Ireland |
March 1659 | May 1659 | Deprived of the position when the Rump Parliament was restored | |
Unknown | May 1659 | February 1660 | |
February 1660 | May 1660 | Elected as MP for Tiverton in the Parliament of England in the Convention Parliament (1660), which assembled for the first time on 25 April 1660. | |
Sir William Domville | 23 June 1660 | Retired | |
Sir Richard Nagle | 31 December 1686 | 3 October 1691 | Jacobite Ireland ceased to exist due to the Treaty of Limerick |
30 October 1690 | Retired | ||
10 May 1695 | 12 June 1707 | Appointed as Chief Baron of the Irish Exchequer |
18th century
Name | Portrait | Term of office | Reason for leaving office | Subsequent peerage, if any |
12 June 1707 | 24 December 1709 | Appointed as Lord Chief Justice of the King's Bench for Ireland | ||
24 December 1709 | Dismissed - Appointed as Chief Justice of the Common Pleas for Ireland, 1714 | |||
4 June 1711 | Dismissed - Appointed as Chief Justice of the Common Pleas for Ireland, 1721 | |||
3 Nov 1714 | 13 May 1720 | Appointed as a Judge of the Court of Common Pleas (Ireland) | ||
14 May 1720 | 3 April 1727 | Appointed as Lord Chief Justice of the King's Bench for Ireland | ||
5 May 1727 | 29 September 1730 | Appointed as Chief Baron of the Irish Exchequer | ||
29 September 1730 | 30 August 1739 | Appointed as Lord Chancellor of Ireland | ||
3 Sep 1739 | 21 December 1741 | Appointed as Chief Baron of the Irish Exchequer | ||
23 Dec 1741 | 27 August 1751 | Appointed as Lord Chief Justice of the King's Bench for Ireland | ||
27 August 1751 | 31 July 1760 | Appointed as Lord Chief Justice of the King's Bench for Ireland | ||
31 July 1760 | 11 September 1777 | Death | ||
17 Oct 1777 | Dismissed Appointed as Lord Chief Justice of the King's Bench for Ireland, 1784 | |||
2 July 1782 | 29 November 1783 | Appointed as Chief Baron of the Irish Exchequer | ||
29 Nov 1783 | 13 June 1789 | Appointed as Lord Chancellor of Ireland | ||
16 July 1789 | 13 June 1798 | Appointed as Lord Chief Justice of the King's Bench for Ireland | ||
26 June 1798 | 22 October 1800 | Appointed as Chief Justice of the Common Pleas for Ireland |
19th century
Name | Portrait | Term of office | Political party | Reason for leaving office |
9 December 1800 | Retired/resigned citing | |||
28 May 1803 | 5 October 1805 | Appointed as Chief Baron of the Irish Exchequer | ||
15 October 1805 | ||||
Ministry left office - he was reappointed in 1822 - see below | ||||
15 May 1807 | Dismissed | |||
15 January 1822 | 18 June 1827 | Appointed as Chief Justice of the Common Pleas for Ireland | ||
18 June 1827 | 6 January 1831 | Appointed as Chief Baron of the Irish Exchequer | ||
23 December 1830 | Declined to serve | |||
11 January 1831 | ||||
Ministry left office - he was reappointed in 1841 - see below | ||||
29 April 1835 | 31 August 1835 | Appointed as a Judge of the Court of King's Bench (Ireland) | ||
31 August 1835 | Appointed as a Baron of the Court of Exchequer (Ireland) | |||
10 November 1836 | Appointed as a Baron of the Court of Exchequer (Ireland) | |||
3 February 1837 | Appointed as Chief Baron of the Irish Exchequer | |||
11 July 1838 | Appointed as a Judge of the Court of Common Pleas (Ireland) | |||
23 February 1839 | Appointed as Chief Baron of the Irish Exchequer | |||
11 August 1840 | Ministry left office - he was appointed as Chief Baron of the Irish Exchequer in 1846 | |||
23 September 1841 | Appointed as Master of the Rolls in Ireland | |||
1 November 1842 | Appointed as Master of the Rolls in Ireland | |||
2 February 1846 | Ministry left office - he was appointed as a Baron of the Court of Exchequer (Ireland) in 1852 | |||
16 July 1846 | Appointed as a Judge of the Court of Queen's Bench (Ireland) | |||
21 December 1847 | Appointed as Chief Justice of the Common Pleas for Ireland | |||
23 September 1850 | Ministry left office | |||
February 1852 | Ministry left office - he was appointed as Lord Chancellor of Ireland in 1858 | |||
10 January 1853 | Ministry left office - he was appointed as Lord Justice of Appeal in Chancery in Ireland in 1866 | |||
March 1855 | Appointed as a Judge of the Court of Common Pleas (Ireland) | |||
March 1856 | Ministry left office - he was reappointed in 1859 - see below | |||
February 1858 | Ministry left office - he was appointed as Lord Chief Justice of the Queen's Bench for Ireland in 1866 | |||
June 1859 | Appointed as a Judge of the Court of Queen's Bench (Ireland) | |||
February 1860 | Appointed as a Baron of the Court of Exchequer (Ireland) | |||
1861 | Appointed as a Judge of the Court of Common Pleas (Ireland) | |||
1865 | Ministry left office - he was appointed as a Judge of the Court of Common Pleas (Ireland) in December 1868 | |||
25 July 1866 | Appointed as Master of the Rolls in Ireland | |||
1 November 1866 | Appointed as a Judge of the Court of Common Pleas (Ireland) | |||
1867 | Appointed Vice-Chancellor of Ireland | |||
1867 | Appointed the Irish Probate Judge | |||
1868 | Ministry left office - he was reappointed in 1874 - see below | |||
12 December 1868 | Appointed as Master of the Rolls in Ireland | |||
26 January 1870 | Appointed as a Judge of the Court of Queen's Bench (Ireland) | |||
13 January 1872 | Appointed as a Baron of the Court of Exchequer (Ireland) | |||
5 November 1872 | 10 February 1874 | Appointed as Chief Baron of the Irish Exchequer | ||
12 March 1874 | Appointed as Lord Chancellor of Ireland | |||
21 January 1875 | Appointed as Judge of the Landed Estates Court | |||
27 November 1875 | Appointed as Lord Chief Justice of the Queen's Bench for Ireland | |||
15 February 1877 | Ministry left office - he was appointed as Lord Chancellor of Ireland in 1885 | |||
10 May 1880 | Appointed as Lord Chancellor of Ireland | |||
17 November 1881 | Appointed as a Judge of the High Court of Justice in Ireland | |||
3 January 1883 | Appointed as Master of the Rolls in Ireland | |||
19 December 1883 | Appointed as Lord Chancellor of Ireland | |||
1885 | Ministry left office - he was reappointed in 1886 - see below | |||
3 July 1885 | Ministry left office - he was reappointed in 1886 - see below | |||
February 1886 | Ministry left office - he was appointed as Lord Chancellor of Ireland in 1892 | |||
August 1886 | Appointed as a Judge of the High Court of Justice in Ireland | |||
1887 | Appointed as a Judge of the High Court of Justice in Ireland | |||
1888 | Appointed as Lord Chief Justice of Ireland | |||
1890 | Appointed as a Judge of the High Court of Justice in Ireland | |||
1892 | Ministry left office - he was reappointed in 1895 - see below | |||
August 1892 | Ministry left office (he died before his party regained office) | |||
8 July 1895 | Appointed to the House of Lords as a Lord of Appeal in Ordinary |
20th century
Name | Portrait | Term of office | Political party | Reason for leaving office |
4 December 1905 | Ministry left office - he was reappointed in 1916 - see below | |||
22 December 1905 | Appointed as a Lord Justice of the Court of Appeal in Ireland | |||
2 December 1909 | Appointed as Lord Chancellor of Ireland | |||
26 September 1911 | Appointed as Master of the Rolls in Ireland | |||
24 June 1912 | Appointed as Lord Chancellor of Ireland | |||
10 April 1913 | Appointed as a Judge of the High Court of Justice in Ireland | |||
20 June 1913 | Appointed as a Lord Justice of the Court of Appeal in Ireland | |||
1 July 1914 | Appointed as a Judge of the High Court of Justice in Ireland | |||
8 June 1915 | Appointed as a Judge of the High Court of Justice in Ireland | |||
9 April 1916 | Appointed as Lord Chief Justice of Ireland | |||
8 January 1917 | Appointed as a Judge of the High Court of Justice in Ireland | |||
7 April 1918 | Appointed as a Judge of the High Court of Justice in Ireland | |||
6 July 1919 | Appointed as the first Lord Chief Justice of Northern Ireland, 15 August 1921 | |||
5 August 1921 | 16 November 1921 | Appointed as a Judge of the High Court of Justice in Northern Ireland, 8 February 1922 |
The office was vacant from 16 November 1921 and succeeded by the Attorney General of the Irish Free State on 31 January 1922. The office of Attorney General for Northern Ireland had been created in June 1921.
Notes, references and sources
Footnotes
References
Haydn's Book of Dignities (for pre-1691 names and dates)
Sources
Further reading
External links
Attorney-General for Ireland, list of office holders 1835–1921, with links to their Hansard contributions; from millbanksystems.com