John Povey
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Sir John Povey (1621–1679) was an English-born judge who had a highly successful career in Ireland, holding office as Baron of the
Court of Exchequer (Ireland) The Court of Exchequer (Ireland) or the Irish Exchequer of Pleas, was one of the senior courts of common law in Ireland. It was the mirror image of the equivalent court in England. The Court of Exchequer was one of the four royal courts of justic ...
and subsequently as
Lord Chief Justice of Ireland The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge ...
during the years 1673–9.


Background

He was born at Woodseaves, near
Market Drayton Market Drayton is a market town and electoral ward in the north of Shropshire, England, close to the Cheshire and Staffordshire borders. It is on the River Tern, and was formerly known as "Drayton in Hales" (c. 1868) and earlier simply as "D ...
,
Shropshire Shropshire (; alternatively Salop; abbreviated in print only as Shrops; demonym Salopian ) is a landlocked historic county in the West Midlands region of England. It is bordered by Wales to the west and the English counties of Cheshire to ...
, eldest son of John Povey. Thomas Povey, the friend of Samuel Pepys and
John Evelyn John Evelyn (31 October 162027 February 1706) was an English writer, landowner, gardener, courtier and minor government official, who is now best known as a diarist. He was a founding Fellow of the Royal Society. John Evelyn's diary, or ...
, who features often in Pepys' Diary, was his cousin. Through another Povey cousin Justinian Povey, auditor-general to Queen
Anne of Denmark Anne of Denmark (; 12 December 1574 – 2 March 1619) was the wife of King James VI and I; as such, she was Queen of Scotland from their marriage on 20 August 1589 and Queen of England and Ireland from the union of the Scottish and Eng ...
, the Poveys developed a useful family connection to the politically prominent Blathwayt family. John was educated at
Trinity College, Oxford (That which you wish to be secret, tell to nobody) , named_for = The Holy Trinity , established = , sister_college = Churchill College, Cambridge , president = Dame Hilary Boulding , location = Broad Street, Oxford OX1 3BH , coordinates ...
, and matriculated in 1636. He entered
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...
in 1638 and was called to the Bar in 1645.Ball, F. Elrington ''The Judges in Ireland'' 1221-1921 John Murray London 1926 Vol. 1 pp.350-1


Career

He is first heard of in Ireland in 1658, when he was acting as legal advisor to
Sir John Barrington, 3rd Baronet Sir John Barrington, 3rd Baronet (1605 – 24 March 1683) of Barrington Hall, Essex was an English lawyer and politician who sat in the House of Commons at various times between 1645 and 1679. Life Barrington was the eldest son of Sir Thoma ...
, a politician and landowner who, although he was a relative of
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three K ...
, had refused to sit as one of the judges at the trial of
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
. Povey went on the Munster circuit, did well at the
Irish Bar The Bar of Ireland ( ga, Barra na hÉireann) is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Ba ...
, and brought his family to live in Ireland. He lived at Nicholas St. in Dublin, and later bought Powerstown House,
Mulhuddart Mulhuddart () is an outer suburb situated 12 km (7.456 miles) north-west of Dublin, Republic of Ireland, Ireland. The River Tolka passes near the village. Mulhuddart is also a Civil parishes in Ireland, civil parish in the Barony (Irelan ...
, outside Dublin city. After the
Restoration of Charles II The Restoration of the Stuart monarchy in the kingdoms of England, Scotland and Ireland took place in 1660 when King Charles II returned from exile in continental Europe. The preceding period of the Protectorate and the civil wars came to b ...
, Povey continued to prosper: James Butler, 1st Duke of Ormonde, the Lord Lieutenant of Ireland thought well of him, while his cousin Thomas was now Treasurer to the future Catholic King James II. He sat in the
Irish House of Commons The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until 1800. The upper house was the House of Lords. The membership of the House of Commons was directly elected, but on a highly restrictive fran ...
as member for Swords 1661-6 and was a Commissioner of Revenue Appeals. He was appointed third Baron of the Exchequer in 1663. He entered the
King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
and became a Bencher. One of his more notable judgments was to allow the indictment of several persons for aiding and abetting murder during the Irish Rebellion of 1641. In 1673 the office of Lord Chief Justice fell vacant. The most highly qualified candidates, although both had serious health problems, were Povey and Sir Robert Booth.
Arthur Capell, 1st Earl of Essex Arthur Capell, 1st Earl of Essex, PC (163113 July 1683), also spelt Capel, of Cassiobury House, Watford, Hertfordshire, was an English statesman. Early life He was the son of Arthur Capell, 1st Baron Capell of Hadham (executed in 1649) ...
, the Lord Lieutenant of Ireland, supported Booth, but Charles II, who favoured a considerable degree of toleration of Roman Catholics, rejected him as being too strong a
Protestant Protestantism is a branch of Christianity that follows the theological tenets of the Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers perceived to b ...
. Povey, with his connection to the future James II's household, was an acceptable compromise. He was knighted, and given the
Freedom of the City of Dublin The Freedom of the City of Dublin is awarded by Dublin City Council after approving a person nominated by the Lord Mayor. Eighty-two people have been honoured under the current process introduced in 1876. Most honourees have made a contribution ...
. He earned praise for his service as Chief Justice, and it was suggested that he might be transferred to the English Bench in 1675; but soon after his wife's death in 1677 his health began to fail. He went to
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
in hope of a cure, but died at
Bordeaux Bordeaux ( , ; Gascon oc, Bordèu ; eu, Bordele; it, Bordò; es, Burdeos) is a port city on the river Garonne in the Gironde department, Southwestern France. It is the capital of the Nouvelle-Aquitaine region, as well as the prefect ...
early in 1679. His body was brought back to Ireland, and he was buried in St. Michan's Church, Dublin


Family

In 1648 he married Elizabeth Folliott (died 1677), eldest daughter of Guthlake (or Guthlac) Folliott of
Martin Hussingtree Martin Hussingtree is a small village situated between Droitwich Spa and Worcester in the county of Worcestershire, England. It is north of another village called Fernhill Heath. It is situated on a junction of the A38 and A4538. A public house ...
,
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engla ...
, clerk to the chapter of
Worcester Cathedral Worcester Cathedral is an Anglican cathedral in Worcester, in Worcestershire, England, situated on a bank overlooking the River Severn. It is the seat of the Bishop of Worcester. Its official name is the Cathedral Church of Christ and the Bles ...
, and his wife Elizabeth. Povey's wife was the sister of Isabella Folliott Tomkins, to whom her father-in-law, the Welsh composer
Thomas Tomkins Thomas Tomkins (1572 – 9 June 1656) was a Welsh-born composer of the late Tudor and early Stuart period. In addition to being one of the prominent members of the English Madrigal School, he was a skilled composer of keyboard and consort mus ...
, dedicated his work ''Gaillard- the Lady Folliott's.'' They had four children: *John Povey (c.1649–1715) MP for
Mitchell Mitchell may refer to: People *Mitchell (surname) *Mitchell (given name) Places Australia * Mitchell, Australian Capital Territory, a light-industrial estate * Mitchell, New South Wales, a suburb of Bathurst * Mitchell, Northern Territo ...
, who married his cousin Mary Vivian, half-sister of William Blathwayt, Secretary at War; *Charles, who has been tentatively identified as the writer and entrepreneur Charles Povey (c.1651–1743); *Richard; *Mary, who married Dr.
William Smyth William Smyth (or Smith) ( – 2 January 1514) was Bishop of Coventry and Lichfield from 1493 to 1496 and then Bishop of Lincoln until his death. He held political offices, the most important being Lord President of the Council of Wales and ...
(1638-1699),
Bishop of Raphoe The Bishop of Raphoe ( ) is an episcopal title which takes its name after the town of Raphoe in County Donegal, Ireland. In the Roman Catholic Church it remains a separate title, but in the Church of Ireland it has been united with another bis ...
, and later
Bishop of Kilmore The Bishop of Kilmore is an episcopal title which takes its name after the parish of Kilmore, County Cavan in Ireland. In the Roman Catholic Church it remains a separate title, but in the Church of Ireland it has been united with other bishopr ...
. Their descendants were the well-known landowning Smyth family of Barbavilla Manor, County Westmeath.''National Library of Ireland Collection List No. 120'' "Papers of the Smythe Family of Barbavilla"


References

{{DEFAULTSORT:Povey, John 1621 births 1679 deaths Alumni of Trinity College, Oxford Members of Gray's Inn People from Market Drayton Lords chief justice of Ireland Members of the Parliament of Ireland (pre-1801) for County Dublin constituencies Irish MPs 1661–1666