Charles Porter (Lord Chancellor of Ireland)
Encyclopedia
Sir Charles Porter was a flamboyant and somewhat controversial English-born judge who nonetheless had a successful career, being twice Lord Chancellor of Ireland
.
, younger son of Edmund Porter, prebendary of Norwich and chaplain to Thomas Coventry, 1st Baron Coventry
. Much of what we know of his early life comes from his own very colourful account. During the Second English Civil War
while an apprentice, he took part on the Royalist side in the serious rioting in Norwich in 1648. Pursued by a troop of soldiers, he escaped by seizing a child and pretending to carry it to safety. He fled to Yarmouth
and took ship for Amsterdam
; there he first trained as a soldier, then ran a restaurant. After about five years he judged it safe to return home.
He decided on a career in the law, entered Middle Temple in 1656 and was called to the Bar in 1663. Critics were to say that he was a poor lawyer, and his addiction to all forms of pleasure , especially drink, undoubtedly injured his practice.On the other hand he was a hard worker , had a good knowledge of procedure and was a superb orator. Early in his career he acquired the reputation of a man who had " the courage of his convictions" As counsel in Crispe v Dalmahoy in 1675, one of several controversial cases on the claims of both Houses of Parliament to act judicially, Porter insisted on his right to argue against the powers of the House of Commons
, even on pain of imprisonment for contempt .He attracted the favourable notice of several judges, especially Francis North, 1st Baron Guildford, who described him as a man who had the good fortune to be universally loved.. During the last years of Charles II
, with Guildford at the head of the judiciary, Porter was at the height of his professional success, and entered Parliament as member for Tregony
in 1685.
, held the office for twenty years simply because no professional judge of repute was prepared to do so. Boyle was conscientious and incorruptible , but in old age his mental and physical powers declined.
Despite the objections of the Lord Lieutenant, Henry Hyde, 2nd Earl of Clarendon
, a good friend of Boyle, it was decided to replace him with Porter, who was knighted and appointed Chancellor in April 1686.
Porter soon found himself in difficulty: as his later career would show he was by no mean hostile to Roman Catholics, and was in favour of at least some degree of toleration: but he strongly objected to the policy of wholesale replacement of Protestant office-holders by Catholics. This rapidly undermined his credit with James II
; he was falsely accused of taking bribes, and dismissed early in 1687. He returned to practice in England and was said to have been reduced to near poverty ,but his fortunes were restored by the Revolution of 1688
, of which he was an early and strong supporter. He was appointed one of the King's counsel;entered Parliament as member for Windsor
in 1690, and late that year was reappointed Lord Chancellor of Ireland.
, which gave relatively generous terms of surrender to the defeated Catholics, promised religious tolerance, security of property and a general pardon. Porter was determined to observe the terms of the Treaty, so far as possible. This brought him into conflict with most other members of the Dublin administration, although he had a crucial ally on the Bench in Sir Richard Cox, 1st Baronet The conflict intensified after the appointment of Henry Capel, 1st Baron Capel as Lord Deputy. Porter's opponents determined to have him removed,the difficulty being that King William III
thought well of him. In 1693 he was charged with maladministration before the English House of Commons. Being still a member, he attended in person and secured a favourable verdict.
, the Speaker of the House of Commons.Seeing the Chancellor's coach trying to pull ahead of his own Rochfort who had a great sense of his own dignity, jumped down and tried to physically prevent the Chancellor's coachman from going ahead. Porter sensibly stayed out of the quarrel, but the following day at his request the Lords sent a protest to the Commons, who replied that no insult had been intended.
Porter tried so far as possible to counter what he regarded as Capel's aggressively Protestant policy. On Capel's death in the spring of 1696, Porter, again Lord Justice, was briefly at the head of the Irish administration: but on 8 December 1696, on leaving Court, he died suddenly of a stroke.
Lord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
.
Early life
Porter was born in NorwichNorwich
Norwich is a city in England. It is the regional administrative centre and county town of Norfolk. During the 11th century, Norwich was the largest city in England after London, and one of the most important places in the kingdom...
, younger son of Edmund Porter, prebendary of Norwich and chaplain to Thomas Coventry, 1st Baron Coventry
Thomas Coventry, 1st Baron Coventry
Thomas Coventry, 1st Baron Coventry was a prominent English lawyer, politician and judge during the early 17th century.-Education and early legal career:...
. Much of what we know of his early life comes from his own very colourful account. During the Second English Civil War
Second English Civil War
The Second English Civil War was the second of three wars known as the English Civil War which refers to the series of armed conflicts and political machinations which took place between Parliamentarians and Royalists from 1642 until 1652 and also include the First English Civil War and the...
while an apprentice, he took part on the Royalist side in the serious rioting in Norwich in 1648. Pursued by a troop of soldiers, he escaped by seizing a child and pretending to carry it to safety. He fled to Yarmouth
Great Yarmouth
Great Yarmouth, often known to locals as Yarmouth, is a coastal town in Norfolk, England. It is at the mouth of the River Yare, east of Norwich.It has been a seaside resort since 1760, and is the gateway from the Norfolk Broads to the sea...
and took ship for Amsterdam
Amsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...
; there he first trained as a soldier, then ran a restaurant. After about five years he judged it safe to return home.
He decided on a career in the law, entered Middle Temple in 1656 and was called to the Bar in 1663. Critics were to say that he was a poor lawyer, and his addiction to all forms of pleasure , especially drink, undoubtedly injured his practice.On the other hand he was a hard worker , had a good knowledge of procedure and was a superb orator. Early in his career he acquired the reputation of a man who had " the courage of his convictions" As counsel in Crispe v Dalmahoy in 1675, one of several controversial cases on the claims of both Houses of Parliament to act judicially, Porter insisted on his right to argue against the powers of the House of Commons
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
, even on pain of imprisonment for contempt .He attracted the favourable notice of several judges, especially Francis North, 1st Baron Guildford, who described him as a man who had the good fortune to be universally loved.. During the last years of Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, with Guildford at the head of the judiciary, Porter was at the height of his professional success, and entered Parliament as member for Tregony
Tregony
Tregony is a civil parish and village in Cornwall, United Kingdom. It lies on the River Fal. In the village there is a post office, shop, and two churches. Tregony has bus links to the nearest town, which is Truro. The village is made up from two parishes namely, Tregony and Cuby...
in 1685.
Lord Chancellor of Ireland
Ever since the Restoration there had been great difficulty in finding a suitable Irish Chancellor : Michael Boyle, Archbishop of ArmaghArchbishop of Armagh
The Archbishop of Armagh is the title of the presiding ecclesiastical figure of each of the Roman Catholic Church and the Church of Ireland in the region around Armagh in Northern Ireland...
, held the office for twenty years simply because no professional judge of repute was prepared to do so. Boyle was conscientious and incorruptible , but in old age his mental and physical powers declined.
Despite the objections of the Lord Lieutenant, Henry Hyde, 2nd Earl of Clarendon
Henry Hyde, 2nd Earl of Clarendon
Henry Hyde 2nd Earl of Clarendon PC was an English aristocrat and politician. He held high office at the beginning of the reign of James II of England, who had married his sister.-Early life:...
, a good friend of Boyle, it was decided to replace him with Porter, who was knighted and appointed Chancellor in April 1686.
Porter soon found himself in difficulty: as his later career would show he was by no mean hostile to Roman Catholics, and was in favour of at least some degree of toleration: but he strongly objected to the policy of wholesale replacement of Protestant office-holders by Catholics. This rapidly undermined his credit with James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
; he was falsely accused of taking bribes, and dismissed early in 1687. He returned to practice in England and was said to have been reduced to near poverty ,but his fortunes were restored by the Revolution of 1688
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
, of which he was an early and strong supporter. He was appointed one of the King's counsel;entered Parliament as member for Windsor
Windsor, Berkshire
Windsor is an affluent suburban town and unparished area in the Royal Borough of Windsor and Maidenhead in Berkshire, England. It is widely known as the site of Windsor Castle, one of the official residences of the British Royal Family....
in 1690, and late that year was reappointed Lord Chancellor of Ireland.
Second term
His second term was also plagued with political controversy; ironically, having been removed for lack of favour to Catholics, he was now accused of excessive sympathy to their cause.In his capacity as Lord Justice for Ireland he signed the Treaty of LimerickTreaty of Limerick
The Treaty of Limerick ended the Williamite war in Ireland between the Jacobites and the supporters of William of Orange. It concluded the Siege of Limerick. The treaty really consisted of two treaties which were signed on 3 October 1691. Reputedly they were signed on the Treaty Stone, an...
, which gave relatively generous terms of surrender to the defeated Catholics, promised religious tolerance, security of property and a general pardon. Porter was determined to observe the terms of the Treaty, so far as possible. This brought him into conflict with most other members of the Dublin administration, although he had a crucial ally on the Bench in Sir Richard Cox, 1st Baronet The conflict intensified after the appointment of Henry Capel, 1st Baron Capel as Lord Deputy. Porter's opponents determined to have him removed,the difficulty being that King William III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
thought well of him. In 1693 he was charged with maladministration before the English House of Commons. Being still a member, he attended in person and secured a favourable verdict.
Impeachment
His enemies returned to the attack in 1695 when he was impeached by the Irish House of Commons for high crime and misdemeanours; the articles, while including a reference to Jacobite sympathies, concerned his conduct as a judge and listed a series of alleged acts of corruption or abuse of office.Porter was however permitted to speak in his own defence; his speech was agreed to have been a masterpiece, and the Commons rejected the charges by a large majority.Last years
On the night of his acquittal, Porter became involved in a foolish altercation with Robert RochfortRobert Rochfort
Robert Rochfort was attorney-general, judge and speaker of the Irish House of Commons.Rochfort was probably born on 9 December 1652. He was the second son of Lieutenant-Colonel James "Prime-Iron " Rochfort , a Cromwellian soldier, and Thomasina Pigot...
, the Speaker of the House of Commons.Seeing the Chancellor's coach trying to pull ahead of his own Rochfort who had a great sense of his own dignity, jumped down and tried to physically prevent the Chancellor's coachman from going ahead. Porter sensibly stayed out of the quarrel, but the following day at his request the Lords sent a protest to the Commons, who replied that no insult had been intended.
Porter tried so far as possible to counter what he regarded as Capel's aggressively Protestant policy. On Capel's death in the spring of 1696, Porter, again Lord Justice, was briefly at the head of the Irish administration: but on 8 December 1696, on leaving Court, he died suddenly of a stroke.
Family
Porter married twice, but few details of his marriages survive. He had three children:- Frederick, who married his cousin Mary Porter, but had no children.
- Elizabeth, who married firstly Richard Devenish, and then John Moore, son of the Earl of DroghedaEarl of DroghedaThe title Earl of Drogheda was created in the Peerage of Ireland in 1661 for the 3rd Viscount Moore, and is extant.Lord Drogheda also holds the titles Viscount Moore, of Drogheda , and Baron Moore, of Mellefont in the County of Louth in the Peerage of Ireland and Baron Moore, of Cobham in the...
. - Letitia, who married George Macartney: the celebrated statesman George Macartney, 1st Earl MacartneyGeorge Macartney, 1st Earl MacartneyGeorge Macartney, 1st Earl Macartney, KB was an Irish-born British statesman, colonial administrator and diplomat. He is often remembered for his observation following Britain's success in the Seven Years War and subsequent territorial expansion at the Treaty of Paris that Britain now controlled...
, was their grandson.