CHAP. Lord Townshend tenant. 'Lord Townshend's Viceroyalty,' says Mr. Hardy,' 'forms a peculiar epoch in the history of Ireland. A gallant soldier, the military associate of Wolfe, frank, convivial, Lord Lieu- abounding in wit and humour, sometimes more than was consonant with the viceregal dignity; capricious, uncertain, he not unfrequently offended the higher orders.' Highly sensitive of what was due to the station of Lord Lieutenant, and the importance of maintaining one's position, the Chancellor took exception to the pranks of the eccentric nobleman, and did all he could to check his exuberant mirth, but the Viceroy supposed he was of an age to know his own business, and resolved to ingratiate himself with the natives after his own fashion. He had heard so much of the hospitality of the Irish, he resolved to show that he too could cultivate this virtue, and gave parties on so liberal a scale, that the allowance then allotted for the office, of sixteen thousand a-year, went but a short way to meet expenses, and ere long the Viceroy contracted debts which left a heavy blister on his estates. One of his Excellency's pranks is so amusing that I venture to give it a place in my pages. On a bright May morning, a bashful stranger was seen entering the pretty grounds of the Chief Secretary's Lodge, Phoenix Park, Dublin, where the Chief Secretary and Lady Clements then resided. Old MacMahon, the house-steward, who was enjoying the fragrance of the summer air, asked him what he wanted. I hear her Ladyship wants a gardener,' replied the stranger. Have you lived in many places, my man?' asked MacMahon. A great many,' returned the stranger; and I am well acquainted with my business in all its branches. Can I see my Lady?' She was at a Castle ball last night,' said the steward; this Lord Lieutenant is beating the world before him with his grand parties; and it will be long before she leaves her room; but if you come and sit in my room, you can wait for her, and we can have breakfast.' The stranger promptly consented, and MacMahon Life of Lord Charlemont. helped him liberally to the rare ham, and good tea, and toast, which the house-steward provided for his own proper use and refection. When her Ladyship's bell rung, the steward went to her, and brought word, 'Lady Clements. desired to see the gardener.' The stranger accompanied the steward, and entered her Ladyship's room nearly convulsed with laughter, to the surprise of the steward, which was not diminished when he beheld his mistress make a most reverential courtesy, and he discovered, that instead of a horticulturist he had been treating on a footing of perfect equality no other than his Excellency Lord Townshend. The good-natured Viceroy enjoyed the steward's confusion, but was resolved to dissipate it. My worthy friend,' he said, 'I am your debtor. When I appeared at the Lodge you thought me a poor stranger seeking for employment, but unlike some of those who are placed in a little brief authority, you received me with the outstretched hand of hospitality and friendship. Such conduct deserves reward; I shall not forget you.' Nor did he. A short time found the son of the steward Ordnance storekeeper in Cork, and this laid the foundation of the future prosperity of the family.' CHAP. XLIII. Irish and practice. The Lord Chancellor laboured hard to discharge his Court duties. He found some differences, though none Differences very formidable, in the procedure of the Irish Courts of between Equity from those of England. One arose from the English tenure of leases for lives, renewable for ever, which, how- Equity ever, is now much changed, the tenure being turned into fee-farm grants. The equity of redemption under the Ejectment Statutes, the mode of administering assets of deceased persons, and of administering real and personal estate of deceased persons, also present differences which require vigilance and care to deal with correctly: but with the assistance of the able Bar, who have always earned the respect and confidence of the Judges, these Ireland before the Union, by W. J. Fitzpatrick, Esq., p. 253. According to this work, Sir William MacMahon, Bart., Master of the Rolls in Ireland, was grandson to the hospitable steward. CHAP. Rules and orders in Chancery obstruction differences between the practice in Chancery in England and Ireland did not impede the decision of Lord Lifford. A very laborious compiler of works relating to the practice of the Irish Courts of Law and Equity, published some books at this period. His name was G. E. Howard. He dedicated to Lord Lifford, Lord Chancellor, a work entitled 'The Rules and Practice of the High Court of Chancery in Ireland, with the several Statutes published. relating thereto, and also several adjudged Cases thereon.' If we are to judge of the difficulty of compiling law books at this time by what this author experienced, we must not wonder how few attempted their production.' Delay and He complains much of the delay in hearing causes,-that to business Judges and lawyers cannot be in Council, in the Houses of in Court. Lords and Commons, and in the Courts, at one and the same time, which he suggests might thus be remedied. 'Suppose, then, that a certain hour for opening the suggested. Courts in the morning were resolved on by the Judges, and then to proceed; there are Counsel who want not eminence who would undoubtedly attend them, besides there are several growing young men, and a little time and perseverance would produce a general and proper attendance. I have often heard that Chancellors of England have sat in winter by candle-light in the morning; so they have sat in the evening; and no Judge there would postpone a cause when the suitor was prepared for the trial at the instance of a Counsel, for this only reason, "That he was a member of Parliament, and was to go to the House." The Judge that would do it should instantly pay the suitors their damage.' 2 Remedies Example of Lord Chancellors in England. There are some gentlemen very knowing in the rules and practice of this Court, but a very few who are pleasingly communicative. I have waited in the halls whole mornings before I could get two or three questions answered to my satisfaction, though it was well known I was about this work, which is not a little disagreeable to a compiler; but in truth, in general, the ignorance of this matter is great, for the thirst of knowledge is small, and I have met with no small portion of envy and unkindness for my former publications, by which I may with safety say, I not only never got a shilling, but lost several thousands of pounds.' 2 Howard's Practice of Chancery, Preface, p. xvi. XLIII. Prolixity Having enumerated several instances of hardship to СНАР. suitors in respect to answering Bills, amending Bills after answer, costs upon a dissent, examination of witnesses, of ChanBills to perpetuate testimony, he adds:-'I have known cery ten sheets in a brief of depositions when two might have pleadings. contained the matter of the whole; and here I cannot avoid mentioning an instance in this way which happened very lately in the Hall of the Courts, as it may be productive of some relief to unfortunate suitors. A gentleman of eminence at the Bar, had three briefs tied together (one in effect) for a motion in a cause in this Court, which seeming a burden to him, led me and some others to inquire about it. They contained 180 sheets of large Instance post paper, so widely written that two might well be of unneincluded in one, and the gentleman who held it said that costs. six, or eight at most, might have contained the matter of the whole, and on this motion (I think he said) five Counsel were employed, so that at 3s. 4d. a sheet briefing, and 28. the copy, the agent's fees for these five briefs came to no less a sum than 1207. 13s. 4d.; then what must the five Counsel have had with their briefs! what fortune could stand it? If the Masters in taxing costs would examine the briefs, and also the copies thereof, and of pleadings and other proceedings, it might prevent in a great measure these most horrid impositions.' ' The notes of cases in this work are chiefly on points of practice, and show that the Court of Chancery was in full work, and took cognizance of a vast variety of litigation. cessary condemned about the Considerable sums were expended from time to time in Courts repairs to the Courts, but, about the year 1770, they became so dilapidated and decayed that the Lord Chancellor year 1770. Lord Lifford and the chief Judges represented them as unfit for use, and Gandon, the celebrated architect, was employed to furnish designs for the Courts which now adorn the Inns Quay of the city of Dublin. Lucas, One of the chief political characters of this period was Charles Doctor Charles Lucas. He graduated in Trinity College, M.D. Dublin, and practised first as an apothecary, then in the Howard's Practice of Chancery, Preface, p. xx. XLIII. CHAP. higher grade of physician in Dublin, with much success. He soon entered the political arena, and numbers of his pamphlets are on the shelves of the excellent library in which I now write.' He expressed his notions too strongly for his personal safety, and avoided unpleasant consequences by a timely flight to the Continent. When the storm had blown over he returned, was elected a Councillor in the Corporation, and set to work to resist the illegal encroachments of the Aldermen. Here his efforts were so successful that the united votes of his admirers resolved to afford him a wider field for his efforts, and he was invited to stand for the representation of the city of Dublin. He did so, but during the contest became so violent in his language and his printed addresses, he and his printer were ordered to attend before the House of Commons, and a Committee appointed to examine them. The Committee having reported against the addresses, the House declared the Doctor guilty of divers breaches of privilege of the House, and to escape the consequences he again thought discretion the better part of valour, and retired to England, where he resided for some years. A vacancy occurred in the representation of Dublin which caused his return, and, taught moderation by experience, he was not prosecuted, but elected, and soon became a very eloquent and energetic champion of popular rights. On the meeting of Parliament in 1761, he obtained leave to bring in a Bill limiting the duration of the Parliaments to seven years, as in England, but it was not then passed. He procured, however, a measure for the better securing the independence of Members. He adopted the views already noticed of the Irish patriotic party relative to right of the Irish House of Commons on the question of money Bills, and addressed a very able essay on the subject to the then Viceroy, George Lord Townshend." He died in 1771. 2 The Library of the King's Inns, Henrietta Street, Dublin. The Rights and Privileges of Parliaments asserted upon constitutional principles against the modern anti-constitutional claims of Chief Governors.' Dublin, 1770. |