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{{Short description|Former judicial office in Dublin, Ireland}}
{{Use dmy dates|date=October 2019}}
{{Use dmy dates|date=October 2019}}
{{Use Hiberno-English|date=July 2022}}
{{Use Hiberno-English|date=July 2022}}
The '''Recorder of Dublin''' was a [[judicial]] office holder in pre-Independence [[Ireland]].
The '''Recorder of Dublin''' was a [[judicial]] office holder in pre-Independence [[Ireland]].


==Functions and duties of the Recorder==
==Functions and duties of the Recorder==
The [[Recorder (judge)|Recorder]] was the chief [[magistrate]] for [[Dublin]], and heard a wide range of civil and criminal cases. From information given during a debate on the duties of the Recorder in the [[English House of Commons]] in 1831, it seems that he sat twice a week, with extra sessions as and when the workload required. His chief responsibility was to keep the peace, and he also controlled the number of [[pubs]] in the city. The duties were so onerous – by the 1830s the Recorder was hearing roughly 2,000 cases a year – that some Recorders sought promotion to the High Court bench in the belief that the workload there would be lighter. The Recorder also acted on occasion as a [[Business mediator|mediator]] in conflicts between the central government and [[Dublin Corporation]].
The [[Recorder (judge)|Recorder]] was the chief [[magistrate]] for [[Dublin]], and heard a wide range of civil and criminal cases. The office existed by the late fifteenth century. From information given during a debate on the duties of the Recorder in the [[English House of Commons]] in 1831, it seems that he sat twice a week, with extra sessions as and when the workload required. Unlike his counterpart the [[Recorder of Cork]], he never seems to have had a Deputy. His chief responsibility was to keep the peace, and he also controlled the number of [[pubs]] in the city. The duties were so onerous – by the 1830s the Recorder was hearing roughly 2,000 cases a year – that some Recorders sought promotion to the High Court bench in the belief that the workload there would be lighter. The Recorder also acted on occasion as a [[Business mediator|mediator]] in conflicts between the central government and [[Dublin Corporation]].


Although he held a full-time judicial office, the Recorder, unlike the High Court judges, was not debarred from sitting in the [[Irish House of Commons]], and despite their heavy workload, several Recorders served as MPs while sitting on the Bench. After the [[Act of Union 1800]] the Recorder was eligible to sit in the [[English House of Commons]], although an objection was made to this in 1832, on the grounds that a judge should not sit in Parliament. There was apparently no objection to his combining the office of Recorder with that of a Law Officer: Sir [[Richard Ryves]], Recorder of Dublin 1680-1685, was a [[Serjeant-at-law (Ireland)|King's Serjeant]] for part of the same period.
Although he held a full-time judicial office, the Recorder, unlike the High Court judges, was not debarred from sitting in the [[Irish House of Commons]], and despite their heavy workload, several Recorders served as MPs while sitting on the Bench. After the [[Act of Union 1800]] the Recorder was eligible to sit in the [[English House of Commons]], although an objection was made to this in 1832, on the grounds that a judge should not sit in Parliament and a minority of MPs supported making the Recordership incompatible with a seat in the Commons. Nonetheless, Sir Frederick Shaw, the Recorder in question, continued in his dual role for many years, until he stepped down as MP in 1848. There was apparently no objection to his combining the office of Recorder with that of a Law Officer: Sir [[Richard Ryves]], Recorder of Dublin 1680–1685, was a [[Serjeant-at-law (Ireland)|King's Serjeant]] for part of the same period.


The Recorder was not a [[English Crown|Crown]] appointee: he was elected by the [[Corporation of Dublin]], although he could be dismissed by the Crown. There is an interesting account of the election of [[Dudley Hussey]] in 1784, when he defeated three rival candidates for office.<ref>Hibernian Magazine 1784</ref> He was only one of two elected officials in Dublin Corporation who were elected, the other being the Clerk of the [[The Tholsel, Dublin|Tholsel]].
The Recorder was not a [[English Crown|Crown]] appointee: he was elected by the [[Corporation of Dublin]], although he could be dismissed by the Crown. There is an interesting account of the election of [[Dudley Hussey]] in 1784, when he defeated three rival candidates for office.<ref>Hibernian Magazine 1784.</ref> He was only one of two officials of Dublin Corporation who were elected, the other being the Clerk of the [[The Tholsel, Dublin|Tholsel]].<ref name =DNB/>


==History of the Office ==
==History of the Office ==


⚫
Thomas Cusack is named as Recorder of Dublin in 1488. He had clearly held the office in the previous year, when like all the Irish judiciary, he had supported the attempt by the [[pretender]] [[Lambert Simnel]] to claim the [[English Crown]], and following Simnel's crushing defeat was now required to do [[penance]] for his [[treason]] and swear [[fealty]] to the [[Tudor dynasty]]. His disgrace was short-lived: Sir [[Richard Edgcumbe (died 1489)|Richard Edgcumbe]], who administered the oath of fealty to him, dined with him "with great cheer".<ref>''Voyage of Sir Richard Edgcumbe into Ireland in 1488''</ref>
Thomas Cusack is named as Recorder of Dublin in 1488. He had clearly
⚫
held the office the previous year, when like all the Irish judiciary, he had supported the attempt by the [[pretender]] [[Lambert Simnel]] to claim the [[English Crown]], and following Simnel's crushing defeat was now required to do [[penance]] for his [[treason]] and swear [[fealty]] to the [[Tudor dynasty]]. His disgrace was short-lived: Sir [[Richard Edgcumbe (died 1489)|Richard Edgcumbe]], who administered the oath, dined with him "with great cheer".<ref >''Voyage of Sir Richard Edgcumbe into Ireland in 1488''</ref >


⚫
There is then a gap on the records until the sixteenth century, when the office of Recorder was held by Thomas Fitzsimon in 1547, and by his son-in-law [[James Stanihurst]], [[speaker (politics)|Speaker]] of the [[Irish House of Commons]], in 1564. The last Recorder was Sir [[Thomas O'Shaughnessy]]. The [[Recorder (judge)|Recordership]] was abolished in 1924 and the Recorder's functions transferred to the new [[Circuit Court (Ireland)|Circuit Court]].<ref>[[Courts of Justice Act 1924]] s.51.</ref>
There then appears to be a gap on the records until the sixteenth century, when the office of
⚫
Recorder was held by Thomas Fitzsimon in 1547, and by his son-in-law [[James Stanihurst]], [[speaker (politics)|Speaker]] of the [[Irish House of Commons]], in 1564. The last Recorder was Sir [[Thomas O'Shaughnessy]]. The [[Recorder (judge)|Recordership]] was abolished in 1924 and the Recorder's functions transferred to the new [[Circuit Court (Ireland)|Circuit Court]].<ref>[[Courts of Justice Act 1924]] s.51</ref>


==List of holders of the office of Recorder of Dublin 1487-1924==
==List of holders of the office of Recorder of Dublin 1487–1924 (incomplete)==
Holders of the position have included:
Holders of the position have included:
*1487/8 Thomas Cusack <ref >''Voyage of Sir Richard Edgcumbe into Ireland in 1488</ref >
*1487/8 Thomas Cusack <ref>''Voyage of Sir Richard Edgcumbe into Ireland in 1488.</ref>
*1547 Thomas Fitzsimon
*1547 Thomas Fitzsimon <ref name=DNB>{{Cite DNB |wstitle =Stanyhurst, Richard}}</ref>
*1564 [[James Stanihurst]] (d. 1573)
*1564 [[James Stanihurst]] (d. 1573)<ref name=DNB/>
* 1573 [[Henry Burnell]]<ref>Ball vol. I p. 223.</ref>
* 1573 [[Henry Burnell]]<ref>Ball vol. I p. 223.</ref>
* 1599 [[Patrick Fitzgerald (Irish judge)|Patrick Fitzgerald]]<ref>Ball vol. I p. 227.</ref>
* 1599 [[Patrick Fitzgerald (Irish judge)|Patrick Fitzgerald]]<ref>Ball vol. I p. 227.</ref>
Line 37: Line 36:
* 1687 [[Sir John Barnewall (Recorder of Dublin)|Sir John Barnewall]]<ref>Ball vol. I p. 365.</ref>
* 1687 [[Sir John Barnewall (Recorder of Dublin)|Sir John Barnewall]]<ref>Ball vol. I p. 365.</ref>
* 1690–1693 [[Thomas Coote (Irish politician)|Thomas Coote]]<ref name="Hill p. 391" /><ref>Ball vol. II p. 61.</ref>
* 1690–1693 [[Thomas Coote (Irish politician)|Thomas Coote]]<ref name="Hill p. 391" /><ref>Ball vol. II p. 61.</ref>
* 1693-1695 [[Nehemiah Donnellan (1649-1705)|Nehemiah Donnellan]]
* 1693-1695 [[Nehemiah Donnellan (1649–1705)|Nehemiah Donnellan]]
* 1695–1701 [[William Handcock (1654–1701)|Sir William Handcock]]<ref name="Hill p. 392">Hill p. 392.</ref>
* 1695–1701 [[William Handcock (1654–1701)|Sir William Handcock]]<ref name="Hill p. 392">Hill p. 392.</ref>
* 1701–1714 [[John Forster (Chief Justice)|John Forster]]<ref name="Hill p. 392" />
* 1701–1714 [[John Forster (Chief Justice)|John Forster]]<ref name="Hill p. 392" />
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* 1876–1905 [[Frederick Falkiner (judge)|Sir Frederick Falkiner]] (1831–1908)
* 1876–1905 [[Frederick Falkiner (judge)|Sir Frederick Falkiner]] (1831–1908)
*1905–1924 [[Thomas O'Shaughnessy|Sir Thomas O'Shaughnessy]] (1850–1933), the last Recorder of Dublin
*1905–1924 [[Thomas O'Shaughnessy|Sir Thomas O'Shaughnessy]] (1850–1933), the last Recorder of Dublin
[[Image:Frederick Shaw 7006a.jpg|thumb|Sir Frederick Shaw, Recorder of Dublin 1828-1876]]


== References ==
== References ==
Line 58: Line 58:
* Jacqueline R. Hill (1997) ''From Patriots to Unionists: Dublin Civic Politics and Irish Protestant Patriotism, 1660-1840''
* Jacqueline R. Hill (1997) ''From Patriots to Unionists: Dublin Civic Politics and Irish Protestant Patriotism, 1660-1840''
*''The Voyage of Sir Richard Edgcumbe into Ireland in 1488''
*''The Voyage of Sir Richard Edgcumbe into Ireland in 1488''

==Sources ==
*{{DNB|wstitle =Stanyhurst, Richard}}


== Notes ==
== Notes ==
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[[Category:History of County Dublin]]
[[Category:History of County Dublin]]
[[Category:Lists of Irish people]]
[[Category:Lists of Irish people]]
[[Category:Recorders of Dublin| ]]
[[Category:Recorders of Dublin| ]]

Latest revision as of 13:40, 2 May 2024

The Recorder of Dublin was a judicial office holder in pre-Independence Ireland.

Functions and duties of the Recorder

[edit]

The Recorder was the chief magistrate for Dublin, and heard a wide range of civil and criminal cases. The office existed by the late fifteenth century. From information given during a debate on the duties of the Recorder in the English House of Commons in 1831, it seems that he sat twice a week, with extra sessions as and when the workload required. Unlike his counterpart the Recorder of Cork, he never seems to have had a Deputy. His chief responsibility was to keep the peace, and he also controlled the number of pubs in the city. The duties were so onerous – by the 1830s the Recorder was hearing roughly 2,000 cases a year – that some Recorders sought promotion to the High Court bench in the belief that the workload there would be lighter. The Recorder also acted on occasion as a mediator in conflicts between the central government and Dublin Corporation.

Although he held a full-time judicial office, the Recorder, unlike the High Court judges, was not debarred from sitting in the Irish House of Commons, and despite their heavy workload, several Recorders served as MPs while sitting on the Bench. After the Act of Union 1800 the Recorder was eligible to sit in the English House of Commons, although an objection was made to this in 1832, on the grounds that a judge should not sit in Parliament and a minority of MPs supported making the Recordership incompatible with a seat in the Commons. Nonetheless, Sir Frederick Shaw, the Recorder in question, continued in his dual role for many years, until he stepped down as MP in 1848. There was apparently no objection to his combining the office of Recorder with that of a Law Officer: Sir Richard Ryves, Recorder of Dublin 1680–1685, was a King's Serjeant for part of the same period.

The Recorder was not a Crown appointee: he was elected by the Corporation of Dublin, although he could be dismissed by the Crown. There is an interesting account of the election of Dudley Hussey in 1784, when he defeated three rival candidates for office.[1] He was only one of two officials of Dublin Corporation who were elected, the other being the Clerk of the Tholsel.[2]

History of the Office

[edit]

Thomas Cusack is named as Recorder of Dublin in 1488. He had clearly held the office in the previous year, when like all the Irish judiciary, he had supported the attempt by the pretender Lambert Simnel to claim the English Crown, and following Simnel's crushing defeat was now required to do penance for his treason and swear fealty to the Tudor dynasty. His disgrace was short-lived: Sir Richard Edgcumbe, who administered the oath of fealty to him, dined with him "with great cheer".[3]

There is then a gap on the records until the sixteenth century, when the office of Recorder was held by Thomas Fitzsimon in 1547, and by his son-in-law James Stanihurst, Speaker of the Irish House of Commons, in 1564. The last Recorder was Sir Thomas O'Shaughnessy. The Recordership was abolished in 1924 and the Recorder's functions transferred to the new Circuit Court.[4]

List of holders of the office of Recorder of Dublin 1487–1924 (incomplete)

[edit]

Holders of the position have included:

Sir Frederick Shaw, Recorder of Dublin 1828-1876

References

[edit]
  • F. Elrington Ball (1926) The Judges in Ireland, 1221-1921
  • Dictionary of National Biography (DNB)
  • Hansard's Parliamentary Debates 1831
  • Jacqueline R. Hill (1997) From Patriots to Unionists: Dublin Civic Politics and Irish Protestant Patriotism, 1660-1840
  • The Voyage of Sir Richard Edgcumbe into Ireland in 1488

Sources

[edit]
  •  This article incorporates text from a publication now in the public domain: "Stanyhurst, Richard". Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.

Notes

[edit]
  1. ^ Hibernian Magazine 1784.
  2. ^ a b c "Stanyhurst, Richard" . Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.
  3. ^ Voyage of Sir Richard Edgcumbe into Ireland in 1488
  4. ^ Courts of Justice Act 1924 s.51.
  5. ^ Voyage of Sir Richard Edgcumbe into Ireland in 1488.
  6. ^ Ball vol. I p. 223.
  7. ^ Ball vol. I p. 227.
  8. ^ "Talbot, William (d.1633)" . Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.
  9. ^ "Bolton, Richard" . Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.
  10. ^ "Barry, James (1603-1672)" . Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.
  11. ^ a b Hill p. 391.
  12. ^ a b His DNB article.
  13. ^ Ball vol. I p. 365.
  14. ^ Ball vol. II p. 61.
  15. ^ a b Hill p. 392.
  16. ^ Hill p. 321.
  17. ^ Sylvanus, Urban (1785). The Gentleman's Magazine. Vol. part II. London: John Nichols. p. 1007.
  18. ^ George Baronets
  19. ^ "East of the Great North Road". Archived from the original on 26 October 2007. Retrieved 5 June 2009.
  20. ^ By Paymaster Captain Reginald P Walker published 1939.
  21. ^ "The Shaw Family and Bushy Park, Dublin". Archived from the original on 7 October 2009. Retrieved 5 June 2009.
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