The Law Courts
Law Courts Previously to 1695, the courts of law in Ireland were itinerant. Carlow, Drogheda, and various town the kingdom, occasionally g...
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Law Courts Previously to 1695, the courts of law in Ireland were itinerant. Carlow, Drogheda, and various town the kingdom, occasionally g...
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Law Courts**
Previously to 1695, the courts of law in Ireland were itinerant. Carlow, Drogheda, and various town the kingdom, occasionally gave shelter to the Commissioners of Justice. Before this the courts were held in Christ-church-lane, adjacent to the cathedral of that name, but the situation being considered inconvenient, and the edifice inadequate, an attempt was made to convert the cathedral of St. Patrick’s into a hall of justice, on the pretence that two cathedrals were unnecessary; besides, that from the union of the sees of Dublin and Glendaloch, if St. Patrick’s were turned to the required purpose, two cathedrals would still remain in the diocese of Dublin. This sophistry was successfully refuted by Adam Loftus. The same distinguished prelate also protected that venerable cathedral from being converted into a University, which Sir John Perrot, the Lord Deputy, anxiously endeavoured to effect.
The site of the Four Courts was formerly that of the Friary of St. Saviour, founded between 1202 and 1218, in Osmantown, by William Mareschal the elder, Earl of Pembroke. It was originally a Friary of Cistercians, arid was surrendered to the Dominicans by the monks of St. Mary’s Abbey in 1224. In 1316, a Scottish army, commanded by Edward Bruce; brother to the king of Scotland, and probably favoured by Richard, Earl of Ulster, at that time residing in St. Mary’s Abbey, approached Dublin with an intention of besieging it on which occasion, the church of this friary was destroyed, to procure materials for repairing and enlarging the fortifications of the city. But some years after, Edward III. obliged the citizens to restore the church which had been dilapidated for their benefit.
About 1506, Patrick Hay, the last prior, surrendered this monastery to the King, and the site was afterwards granted for the erection of King’s Inns, where the judges, lawyers and attorneys had chambers.
In 1776, the King’s Inns having quite fallen to decay, a new site was chosen for the erection of an edifice, to be called the “King’s Inns or Temple,” but which is to be differently appropriated from the former, and this site was selected to erect the Law Courts upon. **
The Law Courts, or Four Courts**, situated on the north side of the river, are one of the noblest structures in Dublin, both as to magnitude and sublimity of design.
They are built after a design of Mr. Cooley, who was architect of the Royal Exchange; but he dying after the western wing was finished, the completion of this noble design was intrusted to Mr. Gandon.
The foundation stone was laid on the 13th of March, 1786, by Charles, Duke of Rutland, Lord Lieutenant, and Viscount Lifford, Lord High Chancellor; yet the edifice was not entirely finished for 14 years:- the expense of building, &c. is calculated at about 200,000l. It was intended to throw a bridge over the river immediately opposite the courts, and open a street up the hill in front of Christ Church; but, from the closeness of the building to the water, it was deemed unsafe to make the experiment of driving piles, and a more expensive, but much more convenient and beautiful design was proposed and executed. The quay wall in front of the courts was surmounted by a handsome iron balustrade, extending about 800 feet, at each end of which are handsome stone bridges with corresponding balustrades, forming a picturesque and magnificent foreground to the view of the courts from the opposite side of the river. The drawing made for this work is taken from Essex Quay, and introduces Richmond-bridge, Ormond-bridge, and the Queen’s bridge; the Courts are seen on the right and the Wellington Testimonial, considerably elevated, in the distance.
The following architectural description of the Courts is chiefly borrowed from Malton, but all late improvements and alterations are carefully attended to, as the building was not completely finished when Malton’s Views were published.
The edifice called the Four Courts, contains the Courts of Law, and an immense number of offices attached to them: it consists of a centre, at each side of which are squares, one to the east, the other to the west, surrounded by buildings containing the law offices: these squares are separated from the street by arcade screens of rusticated masonry, surmounted by a handsome stone balustrade, and the entrance to each court-yard is through a large archway. Over the eastern gate is placed the harp of Ireland, on a shield, encompassed by emblems of Justice, Security, and Law, the shield resting on volumes of law books, bound together by a serpent entwined around them; and over the western gate the royal shield, encircled by oak leaves, is encompassed by different emblems appropriate to the offices which occupy that wing:- Edward Smyth, of Dublin, was the artist. Around the eastern court are the offices of the Chancery, Exchequer, and Rolls court in the western square are those of the King’s-bench, Hanaper, Remembrancer, and the repository of the rolls of Chancery.
The centre* *building which contains the Courts of Chancery, king’s-bench, Common Pleas, and Exchequer, is a square of 140 feet, within which is described a circle of 64 feet in diameter, from whose circumference the Four Courts radiate to the angles of the square, and the intervals between the courts are occupied by jury rooms, and retiring chambers for the judges, &c. one of them also is employed as a Rolls Court.
The front of the centre pile consists of a handsome portico of six Corinthian columns with pilasters, supporting a magnificent and well-proportioned pediment, having on its apex a statue of Moses, on one side of which is a figure of Justice, and on the other one of Mercy. At each extremity of the front, and over the coupled pilasters, are statues in a sitting posture, one of Wisdom, the other of Authority. Above the central building rises a circular lantern of the same diameter as the hall, 64 feet, ornamented by 24 pillars, and lighted by 12 large windows.
An entablature is carried round the summit of the lantern, and on this appears to rest a magnificent dome. Beneath the portico of the south, or principal front, is a semicircular recess, in the centre of which is the door-way, leading to the hall of the courts, which is beneath the dome, and which, in term time, exhibits an extraordinary air of bustle and confusion.
At the extremities of the diameters, passing through the four cardinal points, are the entrances to the hall, the Rolls Court, and the chambers appropriated to the judges and juries, &c. and between these are the entrances to the different courts, each entrance being between Corinthian columns two deep, 25 feet high, fluted the upper two-thirds of the shaft, and resting on, a sub-plinth, in which the steps leading to the court are inserted, by this disposition there are formed eight intervals or recesses, all ornamented in the same style, and the piers between them are decorated with niches and sunk pannels. The columns support an entablature which is continued the entire way round; above the entablature is an attic pedestal ornamented by eight sunk pannels, which are exactly above the eight intervals between the columns; and on the pannels over the entrances to the Courts, the following historical events are represented in bas-relief: 1st, William the Conqueror instituting Courts of Justice, Feudal and Norman laws, Doomsday Book, Curfew. 2nd, King John signing Magna Charta, in presence of the barons. 3rd, Henry II. giving an audience to the Irish chiefs, and granting the first charter to the citizens of Dublin. 4th, James I. abolishing the Brehon laws, Tamistry, Gavelkind, Gossipred, and publishing the Act of Oblivion - these are the workman-ship of Mr. Edward Smyth, of Dublin.
From the attic pedestal rises an hemispherical dome with a rich Mosaic ceiling; in the dome, above the pannels of the attic, are eight windows of considerable size, which admit abundance of light into the hall beneath. The vertex of the hemispherical ceiling is perforated by a circular opening, permitting a view into the void between the two domes, as in St. Paul’s in London. The void, which is a large apartment, the diameter of the hall, illumined by 12 windows, and used as a record-room, was originally intended for a library, but is obviously ill calculated for such purpose.
In the piers between the windows of the interior dome are eight colossal statues, in alto relievo, resting upon consoles or brackets, representing Punishment, Eloquence, Mercy, Prudence, Law; Wisdom, Justice, and Liberty. Over those statues an entablature with a highly-enriched frieze is continued round the dome, and immediately above each window, (in the frieze, are medallions of the following eight distinguished legislators, Moses, Lycurgus, Solon, Numa, Confucius, Alfred, Manco-Capac, and Ollamh-Fodhla.
The courts, which are all of exactly the same dimensions, and similarly contructed, are separated from the great hall, by a partition, the upper part of which is glazed. On each side of every court are galleries for the jury, and at the end opposite to the entrance the judges’ bench is placed, in an elevated position, beneath a semi-elliptical sounding-board. Each court is lighted by six windows, three on either side, and perhaps there is too great a quantity of light admitted. There are numerous apart-meats under ground, one of which, the coffee-room, is a great convenience to persons who are obliged to remain in court all day.
The present elevation of the Four Courts is supposed to be a trifling deviation from the design of Mr. Cooley, whose intention was, to have kept back the central pile, and to have formed a continued area in front of the building, but this admirable plan was interrupted from the great difficulty of procuring ground at the rear of the courts; in consequence of which, Mr. Gandon, who completed the building, introduced the idea of distinct court-yards divided by the centre. The front of the Pour Courts to-wards the Quay extends 450 feet, and its depth is 170.
Inns of Court. - Before the reign of Edward 1. there were no regular courts of Justice nor Inns of Court: the number of Palatinates and Chiefries existing through Ire-land, which were governed by the old Brehon laws, rendered a court of Chancery unnecessary, but an Exchequer was still required. The Brehon laws were of so mild and conciliating a spirit, that a fine (erick) was the only punishment inflicted even for the worst of crimes.
It is manifest that such a system, in those days, must have been liable to infinite abuses, and after an existence of nearly four centuries under the crown of England, the application of them was at length declared to be treasonable, in the 40th of Edward III. by the statute of Kilkenny. The Brehon laws were written in a character called the “Phenian dialect,” and the family of Mac Egan alone possessed the secret of decyphering their records, and were in possession of this secret, down to the reign of Charles I. Henry II. is said to have held a court in Dublin (Nov. 1172), but all records or manuscripts relating to it are lost.
The first institution of an Irish Inn of Court took place in the reign of Edward I.: it was called Collet’s Inn, and was outside the city walls, where Exchequer-street and George’s-street south are now built; here also were the superior courts of justice. But, unfortunately, a banditti from the mountains of Wicklow, watching an opportunity, when the deputy and great part of the military strength were engaged at a distance, entered and plundered the Exchequer, and burned every record. About the same period, both in England and France, a siimilar attack was made on the Temple and other public literary establishments.
This obliged the government to remove the seat of justice from without the walls; and the courts were at first appointed to be held in the Castle of Dublin; and then at Carlow. Whilst the Courts and Inns of Law were held in this ambulatory manner, in the reign of Edward III., Sir Robert Preston, Chief Baron of the Exchequer, resigned, for an Inn of Court, his noble mansion, situated where the Royal Exchange now stands, and having a range of offices extending from that to Essex-bridge: on this site Lord Chief Baron Bysse, some years after, built a noble residence, which was taken down in 1762, to open Parliament-street.
In Preston’s inns the benchers, lawyers and attorneys had chambers, and for two centuries, this Collegiate Society, was upheld with dignity. After the death of Sir Robert Preston, the family, which had been honoured by a peerage, in i478, with the title of Viscount Gormanstown, disputed the claim to the site of Preston’s Inn, and the benchers and lawyers were dispossessed.
At this time the Courts of Law were held in the Castle of Dublin, which being found inconvenient, the Inns of Court were removed to the dissolved Monastery of Dominicans called the Monastery of St. Saviour’s, where the Four Courts now stand [see page 157]. In 1542, Henry VIII. assumed, for the first time that any English monarch had done so, the title of King of Ireland, and from the royal founder this society took the denomination of the “King’s Inns.” It obtained from him grants of land in Michan’s parish, &c. besides parliamentary support; and a statute was introduced, obliging each student to reside for two years at an English Inn of Court, to assist in introducing the English practice of law into this kingdom. From this date, the society of King’s Inns began to assume importance as a body.
The King’s Inns occupied this site for a considerable time, but the building was at length allowed to fall into a ruinous condition. Some time after (1771) a report was made to government, that a repository for public records was much wanted, and the present site was recommended as the most convenient for such a building; and being also considered eligible for the Law Courts, the present magnificent building was erected, containing both. A promise of compensation was made at the same time to the Society of King’s Inns for the ground, which it does not appear has ever been fulfilled.
Six years previously to this, the Society had taken a plot of ground from Primate Robinson, at the upper end of Henrietta-street, where the first stone of the New Inns was laid by Lord Clare. The situation was unhappily chosen, being accessible only from the rear, and the rent very extravagant; nor was it certain whether the lessor had power to dispose of the ground in perpetuity ; it was disputed, too, whether he could purchase the interests of under tenants, and become the sole lessor; and after much consultation, it was ultimately arranged only by the passing of an act of Parliament.
The edifice called the Inns of Court, presents a beautiful front, of hewn stone, to the rear of the houses on Constitution-hill, consisting of a centre and wings. The wings, winch extend back 110 feet, present a facade of two stories, surmounted by pediments; over the windows of the second story, in the north wing, is an alto-relievo, representing Bacchus and Ceres sacrificing on an antique tripod, attended by the Seasons; and over the front of the south wing, or Prerogative Court, in a similar manner, are represented, Wisdom, Justice and Prudence, sacrificing on an altar, attended by Truth, Time, and History. On the entablature in the centre of the building, the lawyers and prelates of Ireland are represented, receiving a translation of the Bible and a charter from Elizabeth.
The doorways in front of the Dining-hall and Prerogative Court, are oniamented by caryatides (statues employed to support an entablature instead of columns), supporting a rich cornice, and resting on pedestals. Those at the door of fire dining-hall, are Plenty and a Bacchante with a goblet; and at the entrance of the Prerogative Court and Record Office, are Security and Law, one holding a key, the other a scroll
Beneath the central building, which is crowned by a beautiful octangular cupola, is a lofty arched gateway, with doors at either side, leading into the space between the Dining-hall and Record Office, which run parallel to each other; and at the farther cud is a magnificent corresponding gate, communicating with Henrietta-street. Over this are the royal arms in Portland stone, which, together with all the statuary of the building, were executed by Edward Smyth, a Dublin artist of very considerable merit.
The Dining-hall, which occupies the principal part of the north wing, is 81 feet by 42, ornamented by four three-quarter Ionic columns at either end, over which in circular recesses in the ceiling, are figures in alto-relievo, representing the four Cardinal Virtues. At the end of the hall where the benchers’ table is placed, the floor is elevated about 12 inches above that of the remaining part, and over the chimney-piece at this end is a portrait of Lord Chancellor Manners. The room is lighted by five circular-headed windows on one side, between which are niches intended to be filled with statues; and on the opposite side are portraits of Lords Avonmore and Manners. The lawyers and law-students dine on one side, and the attorneys on the other side of the hall.
Over the Ante-hall is the library, a room only 42 feet by 17, and never intended for this purpose. Part of this collection was the property of Christopher Robinson, Esq. Senior Puisne Judge of the Court of King’s-bench, and the selection of law books was made chiefly by Charles, Earl Camden, Lord Chancellor. The library is open every day from two to four o’clock.
This elegant structure is erected from the designs of James Gandon, Esq. the Architect of the Custom-house. **
The Prerogative Court**. - was formerly held in a large mansion in Henrietta-street, once the residence of Primate Robinson, adjoining the Inns of Court; but it has lately been removed to the south wing of the Inns, where a court is held, on Tuesdays and Fridays each week in Term. The. remaining part of this wing is occupied. with records of different kinds, original wills, administrations, licences of marriage; and here also are preserved the manuscripts called, “Regal Visitation Books.” The oldest record in this office is dated 1530. **
The Consistorial Court** - which was originally held in the Cathedral of the diocese, is now held in Stephen’s-green, at the house of the Deputy Registrar, Thomas Clarke, Esq. [Deceased when the second edition was printed.] Here all cases of blasphemy, apostacy, &c. are decided, marriage licences granted, and all points connected with the rights and privileges of the church adjusted. The records in this office do not bear a date more ancient than 1600, and even these are not complete, there being an hiatus from 1730 to 1779. There is in this office a valuable set of books k admirable preservation, called Title Books.**
High Court of Admiralty**. - There is a regular Court of Admiralty in Dublin as in London, and for the same subjects: it is held in the Law Courts, and consists of a Judge, three Surrogates, a Registrar, Marshal, and Procurators, &c. The independence of this court was preserved by a special clause in the Act of Union. The date of the oldest MS. I the Registrar’s possession is 1747, at which period this court was probably first instituted.
Board of First Fruits. - This board, chiefly consisting of the dignitaries of the established church, holds its meetings twice in the year at the Record Office in the Lower Castle-yard; their principal business is the augmentation of the value of small livings, by purchasing glebe, building glebe-houses, &c. and improving the property of the church of England. Their grants are made according to a certain scale. Here are many public records, which, about 1814, were arranged in systematic order; and amongst them was found the charter of Trinity College, which was restored to the University.