Sir James Donnellan (c. 1588 – 1665) was an Irish

lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...

and

politician A politician is a person who participates in Public policy, policy-making processes, usually holding an elective position in government. Politicians represent the people, make decisions, and influence the formulation of public policy. The roles ...

, who became

Chief Justice of the Irish Common Pleas The chief justice of the Common Pleas for Ireland was the presiding judge of the Court of Common Pleas in Ireland, which was known in its early years as the Court of Common Bench, or simply as "the Bench", or "the Dublin bench". It was one of the ...

in 1660. He was unusual among the Irish judges of the time in being of Gaelic descent, and more remarkable in that his service as a judge under

Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English statesman, politician and soldier, widely regarded as one of the most important figures in British history. He came to prominence during the Wars of the Three Kingdoms, initially ...

did not disqualify him from service after the Restoration of Charles II.

Personal life

He was the third son of

Nehemiah Donnellan Nehemiah Donnellan (a.k.a. Fearganainm Ó Domhnalláin) (fl. c. 1560–1609) was Archbishop of Tuam. Background Donellan was born in the county of Galway, a son of Mael Sechlainn Ó Dónalláin, by his wife Sisly, daughter of William Ó Cell ...

Archbishop of Tuam The Archbishop of Tuam ( ; ) is an Episcopal polity, archbishop which takes its name after the town of Tuam in County Galway, Republic of Ireland, Ireland. The title was used by the Church of Ireland until 1839, and is still in use by the Cathol ...

, and his wife Elizabeth O'Donnell. He married firstly Anne Barry, sister of James Barry, 1st Baron Barry of Santry and secondly Sarah Wheeler, daughter of Jonas Wheeler,

Bishop of Ossory . The Bishop of Ossory () is an Episcopal polity, episcopal title which takes its name after the ancient of Kingdom of Ossory in the Provinces of Ireland, Province of Leinster, Ireland. In the Catholic Church it remains a separate title, but i ...

and Martha Tucker, and widow of Matthew Tyrrell. By Sarah, he was the father of

, Chief Baron of the Irish Exchequer and also of several daughters. Nemehiah Donnellan was the father of Anne Donnellan, who founded the Donnellan lectures in

Trinity College Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...

, and Katherine Donnellan, who married Robert Clayton, Bishop of Cork and Ross. James's principal residence was Rathswire,

County Westmeath County Westmeath (; or simply ) is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Leinster and is part of the Eastern and Midland Region. It formed part of the historic Kingdom of ...

. He is buried in Christchurch Cathedral, Dublin. Robert and Katherine Clayton

Education

He had a distinguished career at

which he was later to represent 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 the end of 1800. The upper house was the Irish House of Lords, House of Lords. The membership of the House of Commons was directly elected, ...

. He was a scholar in 1607, Bachelor of Arts in 1610, Fellow in 1612 and Master of Arts in 1613. He entered

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

in 1616 and was called to the Bar in 1623. He entered the King's Inn the same year and was Treasurer in 1639.

Career

He was elected to the House of Commons in 1634. In 1627 he became third justice of

Connacht Connacht or Connaught ( ; or ), is the smallest of the four provinces of Ireland, situated in the west of Ireland. Until the ninth century it consisted of several independent major Gaelic kingdoms (Uí Fiachrach, Uí Briúin, Uí Maine, C ...

and was promoted to the office of Chief Justice of Connacht in 1634. He owed the promotion to the goodwill of the

Lord Deputy of Ireland The Lord Deputy was the representative of the monarch and head of the Irish executive (government), executive under English rule, during the Lordship of Ireland and then the Kingdom of Ireland. He deputised prior to 1523 for the Viceroy of Ireland ...

, the Earl of Strafford, who hoped, rather cynically, to appease the Old Irish faction by appointing a few "token" judges of Gaelic origin. He became a judge of the High Court in 1637, being made third justice of the

Court of Common Pleas (Ireland) The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is sti ...

Civil War

When the

English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...

broke out Donnellan was initially a

Royalist A royalist supports a particular monarch as head of state for a particular kingdom, or of a particular dynastic claim. In the abstract, this position is royalism. It is distinct from monarchism, which advocates a monarchical system of gove ...

; he had long been close to Ulick Burke, 5th Earl of Clanricarde in whom Charles I placed great trust. The King summoned Donnellan to

Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...

to treat with the Irish Confederacy.Ball p.337 After the defeat of the Royalist cause, according to

Henry Cromwell Henry Cromwell (20 January 1628 – 23 March 1674) was the fourth son of Oliver Cromwell and Elizabeth Bourchier, and an important figure in the Parliamentarian regime in Ireland. Biography Early life Henry Cromwell was born at Huntingdon on ...

, Donnellan became a faithful supporter of the new regime, diligently persecuting his former allies. He was one of four commissioners appointed to administrate justice in

Leinster Leinster ( ; or ) is one of the four provinces of Ireland, in the southeast of Ireland. The modern province comprises the ancient Kingdoms of Meath, Leinster and Osraige, which existed during Gaelic Ireland. Following the 12th-century ...

in 1651. He served on the High Court of Justice in 1653, and returned to the Court of Common Pleas as its second Justice in 1655.Ball p.337

Chief Justice

On the face of it Donnellan's loyal service to Cromwell, combined with his Gaelic origins, should have debarred him from judicial office, especially one of the four highest offices, at the Restoration of Charles II.

James Butler, 1st Duke of Ormonde Lieutenant general, Lieutenant-General James FitzThomas Butler, 1st Duke of Ormond, Knight of the Garter, KG, Privy Council of England, PC (19 October 1610 – 21 July 1688), was an Anglo-Irish statesman and soldier, known as Earl of Ormond fr ...

, the

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 ...

, who personally chose the new judges, had no strong objection to men of Gaelic background, but did normally require a record of loyalty to the Crown. Ball suggests that while Donnellan's first wife Anne had been dead for many years he was still on friendly terms with her brother Lord Santry, now to be appointed

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 ...

, who used his influence on Donnellan's behalf. Donnellan was restored to Royal favour, made Chief Justice of the Common Pleas,

knighted A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...

and made a member of the

Privy Council of Ireland His or Her Majesty's Privy Council in Ireland, commonly called the Privy Council of Ireland, Irish Privy Council, or in earlier centuries the Irish Council, was the institution within the Dublin Castle administration which exercised formal executi ...

in 1660. He was, for the time, a very old man, and his health quickly failed: well before his death the English Government was thinking of replacing him, but Ormonde requested that they wait till he was actually dead.Ball p. 278 In the event he was still in office when he died in 1665.

References

*Ball, F. Elrington''The Judges in Ireland 1221-1921'' London John Murray 1926 * ''Donnellan, James'', Terry Clavin, in ''Dictionary of Irish Biography'', pp. 392–93, Cambridge, 2009. *Kenny, Colum ''King's Inns and the Kingdom of Ireland'' Irish Academic Press Dublin 1992

Notes

{{DEFAULTSORT:Donnellan, James Politicians from County Galway Politicians from County Dublin 17th-century Irish judges 1580s births 1665 deaths People of Elizabethan Ireland 17th-century Irish politicians Irish Anglicans Chief justices of the Irish Common Pleas Chief justices of Connacht Members of the Parliament of Ireland (pre-1801) for Dublin University Members of the Privy Council of Ireland Date of birth unknown Alumni of King's Inns People from Tuam Lawyers from County Galway