Constantine Phipps (Lord Chancellor Of Ireland)
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Sir Constantine Henry Phipps (1656–1723) was an English-born lawyer who held the office of
Lord Chancellor of Ireland The Lord High Chancellor of Ireland, commonly known as the Lord Chancellor of Ireland, was the highest ranking judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 until the end of 1800, it was also the hi ...
. His term of office was marked by bitter political faction-fighting and he faced repeated calls for his removal. His descendants held the titles
Earl of Mulgrave The title Earl of Mulgrave has been created twice. The first time as a title in the Peerage of England and the second time as a Peerage of the United Kingdom. The first creation was in the Peerage of England in 1626 for Edmund Sheffield, 3r ...
and Marquess of Normanby. Sir
William Phips Sir William Phips (or Phipps; February 2, 1651 – February 18, 1695) was the first royally appointed governor of the Province of Massachusetts Bay, and the first native-born person from New England to be knighted. Phips was famous in his lifeti ...
, the
Governor of Massachusetts The governor of the Commonwealth of Massachusetts is the head of government of the Commonwealth (U.S. state), Commonwealth of Massachusetts. The governor is the chief executive, head of the state cabinet and the commander-in-chief of the commonw ...
1692–94, was his first cousin.


Early life

He was born in
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, the third son of Francis Phipps and Anne Sharpe. Though they described themselves as "gentry", his family do not seem to have had much money: Constantine received a free education at
Reading School Reading School is a state grammar school for boys with academy status in the English town of Reading, the county of Berkshire. It traces its history back to the school of Reading Abbey and is, thus, one of the oldest schools in England, alth ...
. His uncle James emigrated to
Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...
where his numerous children, of whom the best known is his son William, the future Governor of Massachusetts, were born. Constantine won a scholarship to St. John's College, Oxford in 1672. He was admitted to
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 Wale ...
in 1678 and
called to the Bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1684. He was a lawyer of great ability: in politics, he was a strong
Tory A Tory () is an individual who supports a political philosophy known as Toryism, based on a British version of traditionalist conservatism which upholds the established social order as it has evolved through the history of Great Britain. The To ...
and suspected Jacobite, which harmed his career. His name became associated with politically sensitive trials: he was junior counsel for the defence in the prosecution of Sir John Fenwick for his part in the
conspiracy A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
against
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in 1696. It was his management of the defence of
Henry Sacheverell Henry Sacheverell (; 8 February 1674 – 5 June 1724) was an English high church Anglican clergyman who achieved nationwide fame in 1709 after preaching an incendiary 5 November sermon. He was subsequently impeached by the House of Commons and ...
,
impeached Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eu ...
for preaching an inflammatory sermon in 1710, that made his name as a barrister and caused Queen Anne to favour him.


Lord Chancellor of Ireland

In 1710 Richard Freeman, the popular and respected Lord Chancellor of Ireland died of brain disease, and Phipps was chosen to succeed him. He arrived in Ireland in December and quickly became embroiled in the political controversies which were rife in Dublin at the time. He was also appointed
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 o ...
, together with
Richard Ingoldsby Colonel Sir Richard Ingoldsby (10 August 1617 – 9 September 1685) was an English officer in the New Model Army during the English Civil War and a politician who sat in the House of Commons variously between 1647 and 1685. As a Commission ...
, and was a key member of the Dublin administration. As a convinced Tory, he sought to "pack" local councils with politically reliable
sheriffs A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is commonly ...
and justices of the peace. In Dublin itself the results were disastrous: a Whig
Lord Mayor of Dublin The Lord Mayor of Dublin () is the honorary title of the chairperson ( ) of Dublin City Council which is the local government body for the city of Dublin, the capital of Ireland. The incumbent, since December 2024, is Fine Gael councillor Emma ...
, Sir John Eccles, was elected but the Crown refused to recognise his election, and for two years the capital had no effective Government. Other lesser incidents added to Phipps' unpopularity: although his good intentions need not be doubted, he showed very poor political judgment on several occasions, especially in the Dudley Moore case. For several years it had been the custom to celebrate King William III's landing at
Torbay Torbay is a unitary authority with a borough status in the ceremonial county of Devon, England. It is governed by Torbay Council, based in the town of Torquay, and also includes the towns of Paignton and Brixham. The borough consists of ...
on 5 November 1688 with a performance of the play ''
Tamerlane Timur, also known as Tamerlane (1320s17/18 February 1405), was a Turco-Mongol tradition, Turco-Mongol conqueror who founded the Timurid Empire in and around modern-day Afghanistan, Iran, and Central Asia, becoming the first ruler of the Timuri ...
'' by Nicholas Rowe on the anniversary of the landing. In 1712 however, the Government ordered that the
prologue A prologue or prolog (from Ancient Greek πρόλογος ''prólogos'', from πρό ''pró'', "before" and λόγος ''lógos'', "speech") is an opening to a story that establishes the context and gives background details, often some earlier st ...
, which was considered to be politically inflammatory, be omitted. When a young gentleman called Dudley Moore went on stage to read it a scuffle broke out and he was charged with
riot A riot or mob violence is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The p ...
. This struck many people as an overreaction: the prosecution lagged and was seemingly about to be withdrawn when Phipps made a speech to
Dublin Corporation Dublin Corporation (), known by generations of Dubliners simply as ''The Corpo'', is the former name of the city government and its administrative organisation in Dublin since the 1100s. Significantly re-structured in 1660–1661, even more si ...
on the disorder in the city, and specifically referred to the Moore case. It is unlikely that he intended to influence the result of the trial, but the speech was widely seen as an interference with the course of justice. Moore's case was contrasted with that of Edward Lloyd, a
bookseller Bookselling is the commercial trading of books, which is the retail and distribution end of the publishing process. People who engage in bookselling are called booksellers, bookdealers, book people, bookmen, or bookwomen. History The foundi ...
who published the ''Memoirs'' of the Chevalier St. George, better known as the
Old Pretender James Francis Edward Stuart (10 June 16881 January 1766), nicknamed the Old Pretender by Whigs or the King over the Water by Jacobites, was the House of Stuart claimant to the thrones of England, Ireland and Scotland from 1701 until ...
. He was prosecuted for publishing
seditious Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establis ...
matter, but Phipps intervened to end the proceedings by
nolle prosequi , abbreviated or , is legal Latin meaning "to be unwilling to pursue".Nolle prosequi
. refe ...
. His reasons were entirely humane – Lloyd was a relatively poor man and the publication was purely a commercial venture, without any political motive- but it was widely seen as further evidence of his involvement in a Jacobite conspiracy. Phipps' well-meant efforts to ban the annual procession round the statue of William III in
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(once more on the grounds that it was inflammatory) increased his unpopularity. In 1713 it was rumoured, wrongly, that the new
Lord Lieutenant of Ireland Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the K ...
, the Duke of Shrewsbury, had made it a condition of taking up office that Phipps be dismissed, together with his main ally on the Bench, Richard Nutley. In the 1713 general election, Phipps undertook to secure a Tory majority: but in fact, the new
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
was deeply hostile to him. He was also blamed for the
Dublin election riot Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...
by Tory supporters. By the spring of 1714 he was described as "the pivot on which all debate turned": yet any of his actions which were denounced by the Commons found support in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
. A petition from the Commons to the Queen demanding his removal was followed by a counter-petition from the Lords in his defence, which stressed his loyalty to the Queen and to the Established Church. The Queen's death at the beginning of August resolved the problem since her successor
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simply dismissed her Irish judges ''en bloc''.


Last years

Unlike some of his colleagues, Phipps was largely left in peace after his dismissal, and his last years were uneventful. He spoke at the trial of
George Seton, 5th Earl of Winton George Seton, 5th Earl of Winton (c. 1678–1749) was a Scottish nobleman who took part in the Jacobite rising of 1715 supporting "The Old Pretender" James Stuart. Captured by the English, Seton was tried and sentenced to death, but escaped an ...
for his alleged acts of
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
during the
Jacobite rising of 1715 The Jacobite rising of 1715 ( ; or 'the Fifteen') was the attempt by James Francis Edward Stuart, James Edward Stuart (the Old Pretender) to regain the thrones of Kingdom of England, England, Kingdom of Ireland, Ireland and Kingdom of Scotland ...
, but was severely reprimanded by the presiding judge for speaking without permission. In 1715 to 1716 he was a subject of Henry Maxwell's investigation into the Tory government in Ireland. In 1723 he assisted in the defence of
Francis Atterbury Francis Atterbury (6 March 1663 – 22 February 1732) was an English man of letters, politician and bishop. A High Church Tory and Jacobite, he gained patronage under Queen Anne, but was mistrusted by the Hanoverian Whig ministries, and ban ...
,
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, also on a charge of treason, but he died at
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on 9 October. He was buried at
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in Berkshire. His monument was sculpted by William Palmer.


Family

Phipps married Catherine Sawyer, daughter of George Sawyer, and granddaughter of Sir Robert Sawyer who was Attorney General to Charles II, counsel for the defence at the
Trial of the Seven Bishops The Seven Bishops were members of the Church of England tried and acquitted for seditious libel in the Court of King's Bench (England), Court of Kings Bench in June 1688. The very unpopular prosecution of the bishops is viewed as a significant e ...
in the reign of James II and
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. Phipps and Catherine had eleven children, of whom several died young. Those who survived infancy included a son, William, and a daughter, Catherine, who married Colonel Henry Ingoldsby, MP for Limerick, son of Colonel
Richard Ingoldsby Colonel Sir Richard Ingoldsby (10 August 1617 – 9 September 1685) was an English officer in the New Model Army during the English Civil War and a politician who sat in the House of Commons variously between 1647 and 1685. As a Commission ...
. William married Lady Catherine, daughter of
James Annesley, 3rd Earl of Anglesey James Annesley, 3rd Earl of Anglesey (3 Jul 1674–21 January 1702), succeeded to his Earldom on the death of his father, James Annesley, 2nd Earl of Anglesey in 1690, the same year in which he matriculated at Christ Church, Oxford. His mother was ...
; she was a granddaughter of James II through her mother, the former Lady Catherine Darnley. Their son was Constantine Phipps, 1st Baron Mulgrave; later generations added the titles Earl of Mulgrave and Marquess of Normanby. The 1st Marquess was
Lord Lieutenant of Ireland Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the K ...
from 1835 to 1839, and unlike his ancestor was popular with the Irish public.


Character

Phipps is a difficult character to judge: he was divisive in his lifetime and also divided historians. Duhigg thought badly of him, and Elrington Ball, in the definitive study of the pre-1921 Irish judiciary, dealt harshly with Phipps as a foolish, vain, self-important man whose extreme political views paralysed political life and brought the administration of Dublin to a halt. On the other hand, O'Flanagan in his work on the Irish Lord Chancellors spoke highly of Phipps as a gifted and moderate man who made a genuine attempt to calm political and religious strife in Ireland. He was a fine lawyer, and a reforming Chancellor: O'Flanagan praises his efforts to make litigation cheaper and faster, and suggests this was one cause of his unpopularity within his own profession. He often showed poor judgement in politics, but there is no reason to doubt the sincerity of his beliefs, which were no more extreme than those of many of his contemporaries. That he survived as Lord Chancellor for four difficult years, in the face of the hostility of two successive Viceroys, suggests that he did not entirely lack political skill. He was certainly to blame in part for the paralysis in the Dublin city government, but it is hardly fair to suggest, as Ball seems to, that he was wholly responsible for it:Ball, p.50 indeed all his actions found supporters. If he made enemies he also had friends and it is notable that both
Jonathan Swift Jonathan Swift (30 November 1667 – 19 October 1745) was an Anglo-Irish writer, essayist, satirist, and Anglican cleric. In 1713, he became the Dean (Christianity), dean of St Patrick's Cathedral, Dublin, and was given the sobriquet "Dean Swi ...
and
George Berkeley George Berkeley ( ; 12 March 168514 January 1753), known as Bishop Berkeley (Bishop of Cloyne of the Anglican Church of Ireland), was an Anglo-Irish philosopher, writer, and clergyman who is regarded as the founder of "immaterialism", a philos ...
spoke well of him.


Notes


References

*Ball, F Elrington (1926). ''The Judges in Ireland 1221-1921'' 2 vols. London: John Murray. *Duhigg, Bartholomew T. ''History of the King's Inns, Or, an Account of the Legal Body in Ireland, from Its Connexion with England''. Dublin: Printed by John Barlow, 1806
googlebooks
* *Ball, F. E. ''The Judges in Ireland, 1221-1921''. Clark, N.J: Lawbook Exchange, 2004
googlebooks
*O'Flanagan, J. Roderick ''The lives of the lord chancellors and keepers of the great seal of Ireland, from the earliest times to the reign of Queen Victoria'' 2 Volumes, London, Longmans, Green, and co., 187
Hathi Trust Digital Library
, - {{DEFAULTSORT:Phipps, Constantine Lord chancellors of Ireland 18th-century English judges People from White Waltham 1656 births 1723 deaths 17th-century English lawyers Members of the Privy Council of Ireland
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People educated at Reading School Members of Gray's Inn Alumni of St John's College, Oxford