Ignatius O'Brien, 1st Baron Shandon
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Ignatius John O'Brien, 1st Baron Shandon PC
, QC
(31 July 1857 – 10 September 1930), known as Sir Ignatius O'Brien, Bt, between 1916 and 1918, was an Irish
lawyer and politician. He served as Lord Chancellor of Ireland
between 1913 and 1918.
, the son of Mark Joseph O'Brien and Jane, daughter of William Dunne. He was educated at the Vincentian
School there and, at the age of 16, entered the Catholic University of Ireland
in Dublin but left after two years due to family circumstances. He worked as a junior reporter for Saunders Newsletter, a Dublin Conservative
daily newspaper and then for Freeman's Journal
while studying part time for the Bar. Called to the Irish Bar
, King's Inn, in 1881, O'Brien was slow to build a practice and continued to support himself through freelance journalism, within three years he had established a small practice on the Munster
circuit.
, was called to give evidence in the Bankruptcy
Court regarding the financial circumstances of some of his Parishioners involved in the "Plan of Campaign
" rent strikes. Keller refused to answer questions of the grounds that he had obtained this information in his capacity as a confessor
, and that breaching the seal of the confessional contravened Catholic
Canon law
. As a result Keller was imprisoned for contempt of court
. O'Brien argued in support of a writ of habeas corpus
. Although unsuccessful in the Court of Queens Bench
, his argument prevailed in the Court of Appeal.
work and concentrated on Chancery
and Bankruptcy matters and became a leading authority on bankruptcy law. He was called to the Inner Bar as an Irish Queen's Counsel
in 1899, became a bencher of King's Inns
in 1907 and was appointed Serjeant at Law
(then the highest rank for an Irish barrister) in 1910. A supporter of Home Rule and the Liberal Party
, O'Brien campaigned on behalf of Liberal candidates but did not stand for parliament himself. In 1911 he was appointed Solicitor General for Ireland in H. H. Asquith
's Liberal administration and advanced to Attorney General in 1912, becoming a member of the Irish Privy Council in the same year. In 1913 the office of Lord Chancellor of Ireland
fell vacant and O'Brien, as Attorney General, was entitled to claim the position. As a judge he does not seem to have been particularly successful; his pompous manner led to unkind comparison with a bullfrog; more seriously there were frequent complaints that his constant interruptions made it almost impossible for counsel to present their case.
. British Conservatives sought to replace O'Brien with his Unionist rival James Campbell
. Out of consideration for Irish Nationalist opinion, O'Brien remained in office and was created a Baronet, of Ardtona in the Parish of Dundrum in the County of Dublin, in 1916. By 1918 however, Conservative and Unionist opinion was ascendant and O'Brien was replaced as Lord Chancellor by Campbell. He received a peerage
as a consolation and became Baron Shandon, of the City of Cork.
. After an IRA
raid on his home, he left Ireland
for good, settling in the Isle of Wight
. Although skeptical of the House of Lords
, O'Brien found the peers agreeable and became reconciled with its largely hereditary nature. His participation in the House of Lords was usually limited to matters effecting Ireland or issues on which he had legal expertise. He took an active part in the debates and negotiations surrounding the Government of Ireland Act 1920
.
, in 1886. She died in February 1929. Their marriage was childless so when O'Brien died in London
the following year, aged 73, his peerage became extinct.
Privy Council of Ireland
The Privy Council of Ireland was an institution of the Kingdom of Ireland until 31 December 1800 and of the United Kingdom of Great Britain and Ireland 1801-1922...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(31 July 1857 – 10 September 1930), known as Sir Ignatius O'Brien, Bt, between 1916 and 1918, was an Irish
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
lawyer and politician. He served as Lord Chancellor of Ireland
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:...
between 1913 and 1918.
Early life
O'Brien was born in CorkCork (city)
Cork is the second largest city in the Republic of Ireland and the island of Ireland's third most populous city. It is the principal city and administrative centre of County Cork and the largest city in the province of Munster. Cork has a population of 119,418, while the addition of the suburban...
, the son of Mark Joseph O'Brien and Jane, daughter of William Dunne. He was educated at the Vincentian
Vincentian
Vincentian can refer to:*A citizen of Saint Vincent and the Grenadines*A person from Saint Vincent , the largest island in Saint Vincent and the Grenadines*A member of one of the Roman Catholic orders or societies in the Vincentian Family, including...
School there and, at the age of 16, entered the Catholic University of Ireland
Catholic University of Ireland
The Catholic University of Ireland was a Catholic university in Dublin, Ireland and was founded in 1851 following the Synod of Thurles in 1850, and in response to the Queen's University of Ireland and its associated colleges which were nondenominational...
in Dublin but left after two years due to family circumstances. He worked as a junior reporter for Saunders Newsletter, a Dublin Conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
daily newspaper and then for Freeman's Journal
Freeman's Journal
The Freeman's Journal was the oldest nationalist newspaper in Ireland. It was founded in 1763 by Charles Lucas and was identified with radical 18th century Protestant patriot politicians Henry Grattan and Henry Flood...
while studying part time for the Bar. Called to the Irish Bar
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, King's Inn, in 1881, O'Brien was slow to build a practice and continued to support himself through freelance journalism, within three years he had established a small practice on the Munster
Munster
Munster is one of the Provinces of Ireland situated in the south of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial purposes...
circuit.
Keller Case
In 1887 O'Brien became involved in the case of Canon Keller which was to establish his legal career and reputation. Keller, who was the parish priest of YoughalYoughal
Youghal is a town in County Cork, Ireland. Sitting on the estuary of the River Blackwater, in the past it was militarily and economically important. Being built on the edge of a steep riverbank, the town has a distinctive long and narrow layout...
, was called to give evidence in the Bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
Court regarding the financial circumstances of some of his Parishioners involved in the "Plan of Campaign
Plan of Campaign
The Plan of Campaign was a stratagem adopted in Ireland between 1886 and 1891, co-ordinated by Irish politicians for the benefit of tenant farmers, against mainly absentee and rack-rent landlords. It was launched to counter agricultural distress caused by the continual depression in prices of dairy...
" rent strikes. Keller refused to answer questions of the grounds that he had obtained this information in his capacity as a confessor
Confessor
-Confessor of the Faith:Its oldest use is to indicate a saint who has suffered persecution and torture for the faith, but not to the point of death. The term is still used in this way in the East. In Latin Christianity it has come to signify any saint, as well as those who have been declared...
, and that breaching the seal of the confessional contravened Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
Canon law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
. As a result Keller was imprisoned for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
. O'Brien argued in support of a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Although unsuccessful in the Court of Queens Bench
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, his argument prevailed in the Court of Appeal.
Later legal and political career
Propelled by the reputation he won in the Keller case, O'Brien gave up circuit courtCircuit Court (Ireland)
The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes...
work and concentrated on Chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
and Bankruptcy matters and became a leading authority on bankruptcy law. He was called to the Inner Bar as an Irish Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1899, became a bencher of King's Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
in 1907 and was appointed Serjeant at Law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
(then the highest rank for an Irish barrister) in 1910. A supporter of Home Rule and the Liberal Party
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
, O'Brien campaigned on behalf of Liberal candidates but did not stand for parliament himself. In 1911 he was appointed Solicitor General for Ireland in H. H. Asquith
H. H. Asquith
Herbert Henry Asquith, 1st Earl of Oxford and Asquith, KG, PC, KC served as the Liberal Prime Minister of the United Kingdom from 1908 to 1916...
's Liberal administration and advanced to Attorney General in 1912, becoming a member of the Irish Privy Council in the same year. In 1913 the office of Lord Chancellor of Ireland
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:...
fell vacant and O'Brien, as Attorney General, was entitled to claim the position. As a judge he does not seem to have been particularly successful; his pompous manner led to unkind comparison with a bullfrog; more seriously there were frequent complaints that his constant interruptions made it almost impossible for counsel to present their case.
Lord Chancellor
O'Brien's tenure as Lord Chancellor was only secure as long as the Liberal Party remained in government at Westminster. In 1915 the Asquith Government was forced to resign and enter into a wartime coalition with the Conservative PartyConservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
. British Conservatives sought to replace O'Brien with his Unionist rival James Campbell
James Campbell, 1st Baron Glenavy
James Henry Mussen Campbell, 1st Baron Glenavy PC was an Irish lawyer, politician in the Parliament of the United Kingdom of Great Britain and Ireland and later in the Oireachtas of the Irish Free State...
. Out of consideration for Irish Nationalist opinion, O'Brien remained in office and was created a Baronet, of Ardtona in the Parish of Dundrum in the County of Dublin, in 1916. By 1918 however, Conservative and Unionist opinion was ascendant and O'Brien was replaced as Lord Chancellor by Campbell. He received a peerage
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
as a consolation and became Baron Shandon, of the City of Cork.
Later life
A constitutional nationalist who supported home rule without breaking the imperial link with Great Britain, O'Brien was opposed to the aims and methods of Sinn FéinSinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
. After an IRA
Irish Republican Army
The Irish Republican Army was an Irish republican revolutionary military organisation. It was descended from the Irish Volunteers, an organisation established on 25 November 1913 that staged the Easter Rising in April 1916...
raid on his home, he left Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
for good, settling in the Isle of Wight
Isle of Wight
The Isle of Wight is a county and the largest island of England, located in the English Channel, on average about 2–4 miles off the south coast of the county of Hampshire, separated from the mainland by a strait called the Solent...
. Although skeptical of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, O'Brien found the peers agreeable and became reconciled with its largely hereditary nature. His participation in the House of Lords was usually limited to matters effecting Ireland or issues on which he had legal expertise. He took an active part in the debates and negotiations surrounding the Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
.
Marriage
Lord Shandon married Anne, daughter of John Talbot Scallan, a prominent Dublin solicitorSolicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, in 1886. She died in February 1929. Their marriage was childless so when O'Brien died in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
the following year, aged 73, his peerage became extinct.