The Recorder of Dublin was a
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
office holder in pre-Independence
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
.
Functions and duties of the Recorder
The
Recorder was the chief
magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
for
Dublin
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 ...
, and heard a wide range of civil and criminal cases. The office existed by the late fifteenth century. From information given during a debate on the duties of the Recorder in the
English House of Commons in 1831, it seems that he sat twice a week, with extra sessions as and when the workload required. Unlike his counterpart the
Recorder of Cork, he never seems to have had a Deputy. His chief responsibility was to keep the peace, and he also controlled the number of
pubs
A pub (short for public house) is in several countries a drinking establishment licensed to serve alcoholic drinks for consumption Licensing laws of the United Kingdom#On-licence, on the premises. The term first appeared in England in the ...
in the city. The duties were so onerous – by the 1830s the Recorder was hearing roughly 2,000 cases a year – that some Recorders sought promotion to the High Court bench in the belief that the workload there would be lighter. The Recorder also acted on occasion as a
mediator in conflicts between the central government and
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 ...
.
Although he held a full-time judicial office, the Recorder, unlike the High Court judges, was not debarred from sitting 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, ...
, and despite their heavy workload, several Recorders served as MPs while sitting on the Bench. After the
Act of Union 1800
The Acts of Union 1800 were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Ireland (previously in personal union) to create the United Kingdom of G ...
the Recorder was eligible to sit in the
English House of Commons, although an objection was made to this in 1832, on the grounds that a judge should not sit in Parliament and a minority of MPs supported making the Recordership incompatible with a seat in the Commons. Nonetheless, Sir Frederick Shaw, the Recorder in question, continued in his dual role for many years, until he stepped down as MP in 1848. There was apparently no objection to his combining the office of Recorder with that of a Law Officer: Sir
Richard Ryves, Recorder of Dublin 1680–1685, was a
King's Serjeant for part of the same period.
The Recorder was not a
Crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, parti ...
appointee: he was elected by the
Corporation of Dublin, although he could be dismissed by the Crown. There is an interesting account of the election of
Dudley Hussey in 1784, when he defeated three rival candidates for office. He was only one of two officials of Dublin Corporation who were elected, the other being the Clerk of the
Tholsel
Tholsel was a name traditionally used for a local municipal and administrative building used to collect tolls and taxes and to administer trade and other documents in Irish towns and cities. It was at one stage one of the most important secular ...
.
[
]
History of the Office
Thomas Cusack is named as Recorder of Dublin in 1488. He had clearly held the office in the previous year, when like all the Irish judiciary, he had supported the attempt by the pretender
A pretender is someone who claims to be the rightful ruler of a country although not recognized as such by the current government. The term may often be used to either refer to a descendant of a deposed monarchy or a claim that is not legitimat ...
Lambert Simnel to claim the English Crown
This list of kings and reigning queens of the Kingdom of England begins with Alfred the Great, who initially ruled Wessex, one of the seven Anglo-Saxon kingdoms which later made up modern England. Alfred styled himself king of the Anglo-Sax ...
, and following Simnel's crushing defeat was now required to do penance
Penance is any act or a set of actions done out of contrition for sins committed, as well as an alternative name for the Catholic, Eastern Orthodox, and Oriental Orthodox sacrament of Reconciliation or Confession.
The word ''penance'' derive ...
for his 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 ...
and swear fealty
An oath of fealty, from the Latin (faithfulness), is a pledge of allegiance of one person to another.
Definition
In medieval Europe, the swearing of fealty took the form of an oath made by a vassal, or subordinate, to his lord. "Fealty" also r ...
to the Tudor dynasty
The House of Tudor ( ) was an English and Welsh dynasty that held the throne of England from 1485 to 1603. They descended from the Tudors of Penmynydd, a Welsh noble family, and Catherine of Valois. The Tudor monarchs ruled the Kingdom of Eng ...
. His disgrace was short-lived: Sir Richard Edgcumbe, who administered the oath of fealty to him, dined with him "with great cheer".
There is then a gap on the records until the sixteenth century, when the office of Recorder was held by Thomas Fitzsimon in 1547, and by his son-in-law James Stanihurst
James Stanihurst (died 1573), also spelt James Stanyhurst) was for three terms Speaker of the Irish House of Commons. He was also the first judge to hold the position of Recorder of Dublin.
Life
He was the son of Nicholas Stanihurst, Lord Mayo ...
, Speaker of 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, ...
, in 1564. The last Recorder was Sir Thomas O'Shaughnessy. The Recordership was abolished in 1924 and the Recorder's functions transferred to the new Circuit Court
Circuit courts are court systems in several common law jurisdictions. It may refer to:
* Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases;
* Courts that s ...
.
List of holders of the office of Recorder of Dublin 1487–1924 (incomplete)
Holders of the position have included:
*1487/8 Thomas Cusack
*1547 Thomas Fitzsimon
*1564 James Stanihurst
James Stanihurst (died 1573), also spelt James Stanyhurst) was for three terms Speaker of the Irish House of Commons. He was also the first judge to hold the position of Recorder of Dublin.
Life
He was the son of Nicholas Stanihurst, Lord Mayo ...
(d. 1573)[
* 1573 Henry Burnell
* 1599 ]Patrick Fitzgerald
Patrick J. Fitzgerald (born December 22, 1960) is an American lawyer and former Partner (business rank), partner at the law firm of Skadden, Arps, Slate, Meagher & Flom.
For more than a decade, until June 30, 2012, Fitzgerald was the United Sta ...
* 1601 Sir Edward Loftus (killed at the Battle of Kinsale
The siege of Kinsale (), also known as the battle of Kinsale, was the ultimate battle in England's conquest of Gaelic Ireland, commencing in October 1601, near the end of the reign of Queen Elizabeth I, and at the climax of the Nine Years' War� ...
)
* c. 1603 Sir William Talbot, 1st Baronet, removed shortly afterwards as a Roman Catholic
The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
* 1604–1613 Richard Bolton
* 1620s–1626 James Barry, 1st Baron Barry of Santry
* 1626-1634 Nathaniel Catelyn
* 1634-1660 John Bysse
* 1661–1672 Sir William Davys,[Hill p. 391.] later 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 ...
.
* 1672 Elisha Leighton[His DNB article.]
* 1680-1685 Sir Richard Ryves
* 1685-1687 Colonel Garrett Dillon
* 1687 Sir John Barnewall
* 1690–1693 Thomas Coote
* 1693-1695 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 ...
* 1695–1701 Sir William Handcock[Hill p. 392.]
* 1701–1714 John Forster
* 1733–1750 Eaton Stannard
* 1751-1756 Thomas Morgan
* 1756–1766 James Grattan (father of Henry Grattan
Henry Grattan (3 July 1746 – 4 June 1820) was an Irish politician and lawyer who campaigned for legislative freedom for the Irish Parliament in the late 18th century from Britain. He was a Member of the Irish Parliament (MP) from 1775 to 18 ...
)
* 1766–1784 Samuel Bradstreet
* 1784–1785 Dudley Hussey
* 1785–1794 Denis George, later Baron of the Court of Exchequer (Ireland)
* 1794–1820 William Walker Elected 30 May 1794[By Paymaster Captain Reginald P Walker published 1939.] Died 31 December 1820
* 1822–1828 Sir Jonas Greene
* 1828–1876 Sir Frederick Shaw
* 1876–1905 Sir Frederick Falkiner (1831–1908)
*1905–1924 Sir Thomas O'Shaughnessy (1850–1933), the last Recorder of Dublin
References
* F. Elrington Ball (1926) ''The Judges in Ireland, 1221-1921''
* ''Dictionary of National Biography
The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'' (DNB)
* ''Hansard's Parliamentary Debates'' 1831
* Jacqueline R. Hill (1997) ''From Patriots to Unionists: Dublin Civic Politics and Irish Protestant Patriotism, 1660-1840''
*''The Voyage of Sir Richard Edgcumbe into Ireland in 1488''
Sources
*
Notes
{{DEFAULTSORT:Recorder Of Dublin
1564 establishments in Ireland
1924 disestablishments in Ireland
History of County Dublin
Lists of Irish people