Lord Justice of Ireland - Biblioteka.sk

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Lord Justice of Ireland
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Sir William Pelham, Lord Justice of Ireland

The Lords Justices (more formally the Lords Justices General and General Governors of Ireland) were deputies who acted collectively in the absence of the chief governor of Ireland (latterly the Lord Lieutenant) as head of the executive branch of the Dublin Castle administration. Lords Justices were sworn in at a meeting of the Privy Council of Ireland.

History

A January 1919 proclamation relating to the Soloheadbeg ambush, issued in the absence of the Lord Lieutenant (Viscount French) by the Lords Justices — James Campbell (Lord Chancellor), Frederick Shaw (Commander-in-Chief) and James Wylie (Land Court judge).[1] Only Campbell signed the proclamation.

After the Norman Conquest of Ireland, the chief governor of the Lordship of Ireland was appointed by the King of England via letters patent; in medieval times under his privy seal,[2] and later under the Great Seal of England. The patent usually allowed the chief governor to nominate a deputy, though sometimes the King nominated a deputy, and if the chief governor died in office the Privy Council of Ireland would elect a deputy until the King nominated a successor.[3] The title (originally French or Latin) of the chief governor depended on his power, from most to least: King's (or Lord) Lieutenant; (Lord) Deputy; Justiciar (or Lord Justice); and Keeper. The chief governor's deputy would have a lower title than the chief governor, and was appointed under the Great Seal of Ireland unless by the King. By the time of Henry VII, the Lord Deputy was the resident chief governor (or rarely the resident deputy of a non-resident Lord Lieutenant) and, in case of the Lord Deputy's temporary absence or vacancy, there was one or, later, two Lords Justices appointed by the Privy Council of Ireland. An Irish act of Poynings' Parliament specified that the Treasurer of Ireland would be "Justice & Governoure" until the King send a "lieutenunt or deputye".[4] This was repealed three years later, but the statute roll was subsequently lost.[5][6] A 1542 act formalised how the privy council would elect from among its members one or, if necessary, two Lords Justices, each of whom had to be a layman born in England.[6] The same year the Crown of Ireland Act 1542 changed the Lordship into the Kingdom of Ireland.

In the 17th century, the King often left the chief governorship vacant for months or years and instead appointed multiple Lords Justices. This was so almost continuously from 1690 to 1700.[7] Shortly before his 1696 death Lord Deputy Henry Capel nominated Murrough Boyle, 1st Viscount Blesington and William Wolseley to be Lords Justices; Charles Porter, Capel's rival and Lord Chancellor of Ireland, persuaded the Privy Council of Ireland that the deputies' commission expired on Capel's death, whereupon the council elected Porter as sole Lord Justice.[8] Prior to 1767 the chief governor (now styled Lord Lieutenant or viceroy) was often absent in England unless the Parliament of Ireland was in session, typically eight months every two years.[9] Whereas the Lord Lieutenant was a British peer, the Lords Justices were mostly Irishmen;[10] they were influential and the English government needed their support.[9] There were always three, typically the Speaker of the Irish House of Commons, another member of Irish Commons or Lords, and a senior bishop of the Church of Ireland.[9] After 1767 the viceroy was resident as a rule, and the practical importance of Lords Justices diminished.[9] They were still required during vacancies between the death or departure of one viceroy and the arrival of his successor. A 1788 act repealed and replaced long-disregarded provisions of the 1542 act regarding election of Lords Justices, allowing up to three, who need not be laymen or English-born.[11]

After the Acts of Union 1800, de facto executive power shifted from the viceroy to the Chief Secretary for Ireland, and the Lords Justices like the viceroy exercised only formal power. A newly arrived Lord Lieutenant would be escorted in state from Dunleary (later Kingstown) harbour to the Presence Chamber of Dublin Castle, where the Lords Justices were seated. The party would proceed to the Council Chamber, where the Lord Lieutenant would present his letters patent to the Privy Council, and another letter to the Lords Justices demanding the handover of the sword of state.[12] Up to the mid-nineteenth century the usual Lords Justices were the Lord Chancellor, Church of Ireland Archbishop of Armagh or of Dublin, and Commander-in-Chief, Ireland.[13] In 1868 it was ruled that a warrant signed in 1866 by only one of the three then Lords Justices was valid, because the patent appointing them allowed for this in case of absence "occasioned by sickness or any other necessary cause", and the cause did not have to be stated.[14] After the Church of Ireland was disestablished in 1871, its prelates were no longer made Lords Justices, and usually only two were sworn in or the third was a second senior judge.

Increasingly as the 19th century progressed, Lords Justices were sworn in during short absences from Dublin of the Lord Lieutenant, avoiding delay in validating the growing number of orders in council for routine administration. From 1890 to 1921 such absences averaged eight a year, lasting from days up to more than a month.[15] For example, there were eleven occasions in 1897 in which various subsets of six men were sworn Lords Justices — usually three at a time, but four on two occasions and two on one occasion — the six being Somerset Lowry-Corry, 4th Earl Belmore, Commander-in-Chief Earl Roberts, and four members of the Court of Appeal in Ireland (the Lord Chancellor, Vice-Chancellor, and Master of the Rolls, and Gerald FitzGibbon).[16] While John Thomas Ball was serving as a Lord Justice, he seconded the nomination of Dodgson Hamilton Madden in the 1887 Dublin University by-election, which the Irish Parliamentary Party complained was inappropriate.[17]

In the Irish revolutionary period the Conscription Crisis of 1918 led prime minister David Lloyd George to suggest replacing the Lord Lieutenant on an emergency basis with three Lords Justices.[18] It proved impossible to find three willing to serve; St John Brodrick, 1st Earl of Midleton was prepared to preside but demanded more control of policy than Lloyd George would cede.[19]

After the Anglo-Irish Treaty and partition of Ireland, the Lord Lieutenancy of Ireland was abolished by the Irish Free State (Consequential Provisions) Act 1922 and replaced by the Governor-General of the Irish Free State and Governor of Northern Ireland, which latter had deputies appointed by the Privy Council of Northern Ireland. The Irish Free State had no privy council: the Governor-General's default replacement would be the Chief Justice, but the sole suggestion of invoking this provision, at James McNeill's 1932 resignation, was not taken up.[20]

List of Lords Justices

Until 1689

10 February–2 July 1616:[22]

2 May–8 September 1622:[22]

10 February 1641–January 1644:[23]

26 October 1660–July 1662:[24]

1690–1800

18th century

Date appointed Date sworn in Lord Justice Lord Justice Lord Justice Lord Justice
9 Mar 1726 2 Apr 1726 Hugh Boulter, Archbishop of Armagh Richard West, L.C. William Conolly

1801–1847

Date Lord Chancellor Commander Lord Primate Ref
13 March 1815 Thomas Manners-Sutton, 1st Baron Manners Sir George Hewett William Stuart [32]
11 May 1821 Thomas Manners-Sutton, 1st Baron Manners Sir David Baird William Stuart [32]
January 1829 Anthony Hart John Byng, 1st Earl of Strafford John Beresford [33]

From 1848

Lords Justices of Ireland, 1848–1920
Date[n 1] Judges[n 2] Commander Bishop[n 3] Others
20 October 1848 Maziere Brady C Edward Blakeney Richard Whately
21 March 1849 Brady C Blakeney
19 May 1849
Blakeney
15 February 1850 Brady C Blakeney Whately
25 July 1851 Brady C Blakeney
8 January 1853 Thomas Langlois Lefroy LCJ Blakeney Whately
25 July 1853 Brady C Blakeney Whately
16 March 1855 Brady C John Colborne, 1st Baron Seaton Whately
8 November 1855 Brady C Seaton Whately
23 October 1856 Brady C Seaton Whately
4 May 1857 Brady C Seaton Whately
22 October 1857 Brady C Seaton Whately
10 March 1858 Blackburne LJAC Seaton Whately
11 April 1859 Joseph Napier C Seaton Whately
4 June 1859 Napier C Whately
5 July 1859 Brady C Seaton
12 April 1860 Brady C George Brown
12 December 1860 Brady C Brown Whately
17 October 1861 Brady C Brown Whately
13 August 1862 Brady C Brown
6 March 1863 Brady C Brown Whately
16 October 1863 Brady C Brown Beresford (Armagh)[n 4]
11 April 1864 Brady C Brown Richard Chenevix Trench
3 October 1865 Brady C Hugh Rose (later 1st Baron Strathnairn)
5 May 1866 Brady C Rose Trench
17 July 1866 Blackburne C Trench
15 December 1868 Jonathan Christian LJAC Strathnairn Trench
24 December 1868 Strathnairn Trench
13 June 1870 Edward Sullivan MR Maziere Brady (ex-C)
20 August 1870 William Mansfield (later 1st Baron Sandhurst) Brady
9 September 1878 John Michel
7 March 1879
  • Ball C
  • Chatterton VC
11 June 1887 Ball (ex-C)
1 July 1887 Chatterton VC Prince Edward of Saxe-Weimar Ball (ex-C)
3 January 1894 Samuel Walker C Garnet Wolseley, 1st Viscount Wolseley
19 March 1894 Walker C Wolseley
4 June 1894 Walker C Wolseley
30 July 1894 Walker C Wolseley
9 July 1895
11 September 1895
  • Ashbourne C
  • Chatterton VC
Somerset Lowry-Corry, 4th Earl Belmore (Irish representative peer)
5 November 1895
Belmore
4 February 1896
9 March 1896
  • Porter MR
  • Chatterton VC
20 March 1896 Chatterton VC Frederick Roberts, 1st Baron Roberts of Kandahar (later 1st Earl Roberts)
22 April 1896
  • Porter MR
  • Chatterton VC
Roberts
2 May 1896
  • Ashbourne C
  • FitzGibbon LJA
Roberts
26 May 1896 FitzGibbon LJA Roberts
12 September 1896
  • Ashbourne C
  • Chatterton VC
Belmore
7 December 1896
  • Ashbourne C
  • FitzGibbon LJA
Roberts
5 January 1897
  • Porter MR
  • FitzGibbon LJA
  • Chatterton VC
12 January 1897
  • Porter MR
  • FitzGibbon LJA
  • Chatterton VC
22 February 1897
  • Ashbourne C
  • Chatterton VC
Roberts
4 March 1897
  • Porter MR
  • FitzGibbon LJA
  • Chatterton VC
19 March 1897
  • Ashbourne C
  • Porter MR
  • Chatterton VC
Zdroj:https://en.wikipedia.org?pojem=Lord_Justice_of_Ireland
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Podrobnejšie informácie nájdete na stránke Podmienky použitia.

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