Edward Smith (judge)
Encyclopedia
Sir Edward Smith or Smythe (1602-1682) was an English-born politician and judge who held the office of Chief Justice of the Irish Common Pleas
.
He was the second son of Edward Smythe, barrister of Middle Temple. The family's earlier history is uncertain, although it has been claimed that they were related to the Smythe Baronets
of Hill Hall, and to the Sir Thomas Smith who was Secretary of State
under Elizabeth I. Edward entered Middle Temple
in 1627, was called to the bar in 1635 and became a Bencher in 1655.
The inscription on his tomb suggests that he was a member of the House of Commons
at the outbreak of the English Civil War
and that he took Parliament's side in the conflict, though not without reservations. The inscription states that he supported Parliament so long as it held out against the King and the Church;" that is as long as there was room for wise politics": This suggests that Smythe opposed the execution of Charles I
, which is borne out by the fact that after the Restoration
his past was not held against him. He received a knighthood from Charles II
in 1662.
The Irish Act of Settlement 1662
was a largely unsuccessful effort to sort out the numerous claims for return of land confiscated during the Civil War. A Court of Claims was set up with five judges of whom Smythe was one; he also entered the Irish House of Commons
sitting for Lisburn
.The Court encountered so many difficulties that a second Act of Explanations was required in 1665; this re-established the court and Smythe continued a member. In 1665 he was appointed Chief Justice and resigned his seat in Parliament : in a farewell speech to his constituents he regretted that public duty had made it impossible to
attend to their affairs. Elrington Ball suggests that he regarded the role of Chief Justice as less rewarding that that of judge of claims, and he was accused of prolonging the life of the Court of Claims beyond what was necessary. Finally early in 1669 he closed the proceedings, with a speech in praise of himself and his fellow judges for their impartiality and skill.
At the end of the same year he resigned as Chief Justice. Ball believed he was not prepared to continue on only one income: but he was certainly rich enough to buy Whitchurch Manor in Buckinghamshire
, where he spent his retirement. He died in February 1682; the Manor came to his son Edward who died in 1690.
Smythe is buried in St. John the Evangelist, Whitchurch. The inscription , in rather difficult Latin, describes his career as a judge and justifies his opposition to the King during the Civil War. His virtues are described at length: rich in honour and learning, devout, modest, courteous and honest.
Chief Justice of the Irish Common Pleas
The Chief Justice of the Common Pleas for Ireland was the senior judge of the Court of Common Pleas ,known in its early stage as the Common Bench or simply Bench, one of the senior courts of common law in Ireland. It was a mirror of the Court of Common Pleas in England...
.
He was the second son of Edward Smythe, barrister of Middle Temple. The family's earlier history is uncertain, although it has been claimed that they were related to the Smythe Baronets
Smythe Baronets
There has been one creation of Baronet with the surname Smythe . It was created in the Baronetage of England for Edward Smythe on 23 February 1661....
of Hill Hall, and to the Sir Thomas Smith who was Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
under Elizabeth I. Edward entered Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1627, was called to the bar in 1635 and became a Bencher in 1655.
The inscription on his tomb suggests that he was a member 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...
at the outbreak of the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
and that he took Parliament's side in the conflict, though not without reservations. The inscription states that he supported Parliament so long as it held out against the King and the Church;" that is as long as there was room for wise politics": This suggests that Smythe opposed the execution of Charles I
Charles I
Charles I may refer to:In Kings and Emperors:* Charles I, Holy Roman Emperor or Charlemagne * Charles I of Naples, King of Sicily * Charles I of Hungary, King of Hungary...
, which is borne out by the fact that after the Restoration
Restoration (1660)
The term Restoration in reference to the year 1660 refers to the restoration of Charles II to his realms across the British Empire at that time.-England:...
his past was not held against him. He received a knighthood from Charles II
Charles II
Charles II may refer to:* Charles the Bald , king of the West Franks and Holy Roman Emperor* Charles II of Naples * Charles II of Alençon * Charles II of Navarre * Charles II, Duke of Lorraine...
in 1662.
The Irish Act of Settlement 1662
Act of Settlement 1662
The Act of Settlement 1662 passed by the Irish Parliament in Dublin. It was a partial reversal of the Cromwellian Act of Settlement 1652, which punished Irish Catholics and Royalists for fighting against the English Parliament in the Wars of the Three Kingdoms by the wholesale confiscation of their...
was a largely unsuccessful effort to sort out the numerous claims for return of land confiscated during the Civil War. A Court of Claims was set up with five judges of whom Smythe was one; he also entered the Irish House of Commons
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...
sitting for Lisburn
Lisburn
DemographicsLisburn Urban Area is within Belfast Metropolitan Urban Area and is classified as a Large Town by the . On census day there were 71,465 people living in Lisburn...
.The Court encountered so many difficulties that a second Act of Explanations was required in 1665; this re-established the court and Smythe continued a member. In 1665 he was appointed Chief Justice and resigned his seat in Parliament : in a farewell speech to his constituents he regretted that public duty had made it impossible to
attend to their affairs. Elrington Ball suggests that he regarded the role of Chief Justice as less rewarding that that of judge of claims, and he was accused of prolonging the life of the Court of Claims beyond what was necessary. Finally early in 1669 he closed the proceedings, with a speech in praise of himself and his fellow judges for their impartiality and skill.
At the end of the same year he resigned as Chief Justice. Ball believed he was not prepared to continue on only one income: but he was certainly rich enough to buy Whitchurch Manor in Buckinghamshire
Buckinghamshire
Buckinghamshire is a ceremonial and non-metropolitan home county in South East England. The county town is Aylesbury, the largest town in the ceremonial county is Milton Keynes and largest town in the non-metropolitan county is High Wycombe....
, where he spent his retirement. He died in February 1682; the Manor came to his son Edward who died in 1690.
Smythe is buried in St. John the Evangelist, Whitchurch. The inscription , in rather difficult Latin, describes his career as a judge and justifies his opposition to the King during the Civil War. His virtues are described at length: rich in honour and learning, devout, modest, courteous and honest.