Constantine J. Smyth

“ We are now entering upon a reign of singular art and misfortune, in which struggles for power were conducted by men in different parties, memorable for eminent talents; however, a majority of them in each island were trained to legal pursuits, or acquired no small proficiency therein. During the period which led to this sanguinary scene there was an active president in the English and Irish Cabinet who invigorated the whole, and paved the way for an extensive and inveterate civil war. ”

“ Whereas we have special occasion to use your advice in matters which very much import our Kingdom of Ireland, our will and command is, that upon receipt of these our letters you prepare yourself to repair to attend our further pleasure here, at such time as you shall receive directions from our Justices there to that purpose, and thereof you are not to fail, as you tender the good of our service, and the restoring of that poor kingdom to some degree of happiness. ”

“ The last effort of this extraordinary man was to puzzle the Judges about the doctrine of peremptory challenges, and the regularity of the form by which his attainder was brought into the Court of King's Bench. He was led to the one point by the authority of some ancient and ill-considered cases, and on the other it may be doubtful whether the law, as it then stood, was not with him; an intelligent people were, however, fully satisfied of two things—that he was the person named in the attainder, and that his crimes merited death ”

“ And we do order that the said Nicholas Whyte shall surrender the office which he has of the Senescalship of Wexford, to be bestowed upon some sufficient person meet for martial service and for civil government, so as nevertheless the said Whyte may continue therein before he surrender the same, the space of eight months, to the intent he may more effectually prose- cute by law the execution of justice against such as did kill or murder his son-in-law, Robert Browne, whose death we doubt not, but it shall by your means, for example's sake, be duly punished. ”

“ Strafford's vanity led him to think that the effect of his principles would make Ireland to lasting ages a conquered kingdom, an introductory theatre for successful tyranny, and a strong military post to awe and repress British freedom. As an example to men of inferior weight and talents, he commenced his career with two judicial persons, the Chancellor and the Earl of Cork ”

“ What would avail the complaint of a young man, no matter how meritorious, rather obnoxious to government and parliament from lineage and mode of education, also equally destitute of connexion or public character to vindicate the wrong? In this entire transaction Lord Wyndham had the cordial support of Chief Justice Reynolds. They resisted, from motives of justice, the attempt, and agreed in thinking, that a person performing the legal requisites enforced by modern statute law, and the ordinances enjoined by prescriptive authority, had a right to be called to the Irish bar. ”

“ Chief Justice Wyndham was raised from the Common Pleas to the Chancery Bench; a person whose conduct as Chief Judge of an Irish Court, gave a good earnest to the kingdom of the propriety of such promotion. Unlike most of his predecessors, or some of his successors, he tempered a natural disposition to justice with a correct knowledge of general equity, as exercised through Europe or ingrafted on the system of English law; his court, therefore, became an enlightened school, in which a mild and benevolent magistrate, by practice and example, animated the Bar to legal skill ”

“ Being slain in battle or executed, flagrante bello, was deemed rebellion, and constituted an immediate attainder, in which instance the heir was irrevocably bound, and could not successfully support by right by shewing that his ancestor acted under compulsion, or suffered by martial law. The preceding practices are anomalous to common law, and were, however, enforced by the tyranny of Government, and the corruption of Irish judges. ”

“ As the landed settlement of Ireland required an enlightened legal establishment, the judicial character through James's reign corresponded with the Royal engagement at the commencement of his government. The Judges were, without exception, able men, and merited general respect for unbiased integrity. The number of judges in each Irish Court was fixed to three, and in England occasionally to five, that an uneven number might prevent the delay or interruption of business. The salaries of Irish judges were however too trifling, and looked for occasional increase to the bounty of the King ”

“ P. 93. "If an English bishop be sent, let it not be for being good for nothing there." If so good a man could forget his duty as a prelate and minister to the people with whom he resided, what confidence ought Irishmen to have in inferior characters?
Similar sentiments operated upon the general class of imported placemen, who by misinterpretation, fraud and self interest, upheld the barbarism and hostility of both countries in their mutual administration. To such a man Lord Chancellor Wyndham cheerfully resigned the corrupt patronage and systematic support of an Irish Cabinet. ”

“ It is true he did not slander the Prime Sergeant, (afterwards the well known Sir Maurice Eustace,) but merely said, that he had not necessaries to go, and the other gentleman lived near Trim: now Eustace's residence at Castle Martin was not thirty miles from that assize town. To such awkward shifts does a lust of patronage and appetite for jobbing reduce even an able man. Strafford persevered, and upon principles in which I heartily agree with him, as that sagacious statesman added, that Eustace was equipped with the indispensable necessaries of a circuit judge, learning and integrity. ”

“ Sepulchre, near Dublin, that the King, on 19 May, by letters patent under the Great Seal of England, by advice and assent of his Great Council, had appointed the Abp. to be Chancellor of Ireland during pleasure, with the ancient fees, but no mention being made in the said patent what fees he should daily receive the King, as well for the support and maintenance of the clerks of the Chancery, his men-servants and horses, as other charges and customs incumbent on him as Chancellor, it was agreed and ordained that he should receive 10s. ”

“ A confiscation of the northern counties presented a new and unexampled precedent, which a perfect knowledge of English law, unsupported by the corruption of Irish practice, would disable an honest man from carrying into effect. Thus the election of an Irish chieftain was not allowed to have any weight in Irish courts against the descendible quality of fee simple estates, yet the treason of such leader was considered conclusive proof of a right sufficient to defeat all derivative interests, and vest the same without further inquisition in the crown ”

“ The preceding arrangement of men alike distinguished for mildness of manners and mediocrity of talent, gave official station to the immortal Dunning; a barrister who united to great professional powers, transcendant parliamentary talent, and will be admired by the latest posterity as the reputed author of Junius, and friend of Sir William Jones. The new Chancellor did not imitate his successor, or a few of his predecessors, in attempting to guide the state machinery of this kingdom; such presumption would not be tolerated by the Viceroy, nor leading parliamentary interests ”

“ This conduct attracted the patronage of leading men, whereby he was enabled to attain the rank of Major at the time of Charles's murder; his known principles made Cromwell eager to engage him as a confidential servant; under such guidance he came with a powerful patron into Ireland, and even served in the war against Scotland. This afflicted country also furnished a theatre for the active and continued exercise of all his vice; nor was Cromwell indisposed to acquiesce in Allen's desire to settle in Ireland. ”

“ Wherefore we wool and command you, and every of you, not only to accept and esteem him as thereto appertaineth, and that ye the Master of our Rolls, deliver unto him our Great Seal, being now in your custody, but also ye our Deputy, permit and suffer him to enjoy the same roume, with all commodities, and preeminencies thereto belonging, and especially the nomination and disposition of such benefices of our gift as be under the yearly value of 20 marks Irish, as ye tender our pleasure, and will avoid the contrary. ”

“ In furtherance of this great design, James seated on the Irish bench, men alike eminent for talents and integrity; law officers of the crown bore a similar character; barristers and attorrnies also exhibited in suitable proportion, a body of practitioners distinguished for family descent, personal character, and extensive learning. Clerks were a subordinate legal body which existed under the judges and leading barristers. Laborious research and extensive professional learning marked the judges and barristers under the reigns of the Tudors and the Stuarts ”

“ Know ye, that we, looking upon it as our duty to provide for the due administration of justice unto the people of this Commonwealth, and the dominions thereof, and for well managing public affairs under us, by appointing persons of learning, worth, and eminency, and of approved integrity, unto places of public trust and judicature ”

“ No private Irish lawyer ever incurred the penalty by publishing a legal report Sir John Davys and Chief Baron Gilbert deciphered with singular ability, and by a copious commentary, the leading decisions of their day. ”

“ That nobleman never practised in an Equity Court, nor received a solid classic education, whence he might extract those literary powers, which render profound legal research a matter of real amusement, and enable barristers to unravel and retain law's subtlest intricacies with electric rapidity and philosophic strength. ”

“ A leading commoner managed the lower house, and upheld administration with vigour and integrity, whilst the link of official connexion with the English Cabinet was upheld by a prelate highly entitled to notice in a historical review of the legal profession. My opinion of Boulter's private virtues and public talents is guided by strict impartiality. The vices of a statesman become the more dangerous when clothed with exterior decorum, and an exercise of personal benevolence. ”

“ The selection of a successor was not from the eminent men of either kingdom; the King appointed a loyal gentleman of agreeable and social manners, but equally destitute of legal talents or private fortune; the former defect it was thought must render him subject to the management of Popish Judges, and the latter necessity ensure an acquiescence in the most criminal measures; his integrity, however, proved superior to personal distress, and once more made him a poor and private man. ”

“ Richard Osbaldeston became Attorney-General of Ireland and died in that office. His successor, Thomas Tempest, succeeded in 1640. The son of the former, George Wentworth, a near relation of Strafford, and the heir of his favourite prelate Bramhall, were called to the bar under Cromwell's usurpation, concealing an hatred to the ruling powers, from attention to property or a prospect of personal promotion.
In each kingdom contending parties professed an attachment to the ancient constitution, but, pressing principles to extremes, they subverted that venerable fabrick. ”

“ We therefore, taking the same into our royal consideration, and having received good testimony of the said Sir R. Kennedy's merits, and dutiful and loyal affection to us, and considering that his labour, care and pains are very great for the well ordering of our service in that Court, and the improvement of our revenues, certain and casual, whereof that court ought to have special care, and whose work it is to make particular inspection into the same, so that we may not be defrauded of our just rights, but our revenues by all just and honourable ways increased ”

“ Chief Justice of Munster, and now likewise in the Second Justiceship of our Bench at Dublin, we have thought good to let you understand, that we do not only allow and accept in very good part, his said service, hut moreover, for the good opinion we hold of his great discretion, wisdom, and fidelity, that we think him meet to be one of our Privy Council in that realm; and therefore do will and command you, immediately upon the receipt hereof, accordingly to admit and swear him one of the said council."—29 Eliz. ”