John Toler, 1st Earl of Norbury
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John Toler, 1st Earl of Norbury PC
, KC (3 December 1745 – 27 July 1831), known as The Lord Norbury between 1800 and 1827, was an Irish lawyer, politician and judge. A greatly controversial figure in his time, he was Chief Justice of the Irish Common Pleas
between 1800 and 1827.
, Norbury was the youngest son of Daniel Toler and Letitia, daughter of Thomas Otway, of Castle Otway. His elder brother Daniel Toler was also a politician. The Toler family was originally from Norfolk
but settled in County Tipperary in the 17th century. He was educated at Trinity College, Dublin
. He lived at Cabragh House on the corner of the present day Fassaugh Avenue and Rathoath Road in Cabra, Dublin
.
in 1773, a seat he held until 1780, and later represented Philipstown between 1783 and 1790 and Gorey
from 1790 until the Act of Union in 1801. In 1789 he was appointed Solicitor-General for Ireland
, which he remained until 1798 when he was promoted to Attorney-General for Ireland
and sworn of the Irish Privy Council
. In his role as Attorney-General he was responsible for the prosecution of those involved in the Irish Rebellion of 1798
. According to The Dictionary of National Biography "his indifference to human suffering … disgusted even those who thought the occasion called for firmness on the part of government". In 1799 he brought forward a law which gave the Lord Lieutenant of Ireland
power to suspend the Habeas Corpus
Act and to install martial law
.
and raised to the Peerage of Ireland
as Baron Norbury, of Ballycrenode in the County of Tipperary. His appointment to the bench was controversial and Lord Clare
, the Lord Chancellor of Ireland
, is said to have quipped: "'Make him a bishop, or even an archbishop, but not a chief justice'". Norbury's tenure as Chief Justice lasted for twenty-seven years, despite the fact that, the Dictionary of National Biography opines, "his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance." This earned him the nickname the "Hanging Judge". It has been said of him the he was "generally regarded as Ireland's most notorious judge with a penchant for hanging that ran even the infamous Judge Jeffreys
close." His most famous trial was that of Irish nationalist leader Robert Emmet
. Norbury interrupted and abused Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century.
However, Norbury's position eventually became untenable even to his strongest supporters, especially with the British government's aim of establishing a better relationship with the Catholic majority. His reputation was tainted in 1822, when a letter written to him by William Saurin
, the Attorney-General for Ireland
, was discovered, in which Saurin urged Norbury to use his influence with the Irish Protestant gentry which made up local juries against the Catholics. He found his greatest adversary in Daniel O'Connell
, to whom Norbury was "an especial object of abhorrence". At O'Connell's instigation the case of Saurin's letter was brought before the British Parliament
by Henry Brougham
. Norbury survived this as well as a 1825 petition drawn up by O'Connell, which called for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given. However, it was not until George Canning
became Prime Minister in 1827 that Norbury, then in his eighty-second year, was finally induced to resign. His resignation was sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King's County, in the Peerage of Ireland. Unlike the barony of Norbury these titles were created with remainder to his second son Hector John (his eldest son Daniel was then considered mentally unsound).
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...
, KC (3 December 1745 – 27 July 1831), known as The Lord Norbury between 1800 and 1827, was an Irish lawyer, politician and judge. A greatly controversial figure in his time, he was Chief Justice of the Irish Common Pleas
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...
between 1800 and 1827.
Background and education
Born at Beechwood, County TipperaryCounty Tipperary
County Tipperary is a county of Ireland. It is located in the province of Munster and is named after the town of Tipperary. The area of the county does not have a single local authority; local government is split between two authorities. In North Tipperary, part of the Mid-West Region, local...
, Norbury was the youngest son of Daniel Toler and Letitia, daughter of Thomas Otway, of Castle Otway. His elder brother Daniel Toler was also a politician. The Toler family was originally from Norfolk
Norfolk
Norfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...
but settled in County Tipperary in the 17th century. He was educated at Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
. He lived at Cabragh House on the corner of the present day Fassaugh Avenue and Rathoath Road in Cabra, Dublin
Cabra, Dublin
Cabra is a suburb on the northside of Dublin city in Ireland. It is approximately northwest of the city centre, in the administrative area of Dublin City Council. It was commonly known as Cabragh until the early 20th century.- Transport and access:...
.
Political and legal career, 1770-1800
After graduating from university Norbury entered the legal profession and was called to the Irish Bar in 1770. In 1781 he was appointed a King's Counsel. Norbury was returned to the Irish Parliament for TraleeTralee (Parliament of Ireland constituency)
Tralee was a constituency represented in the Irish House of Commons.-Boundaries and Boundary Changes:This constituency was the borough of Tralee in County Kerry....
in 1773, a seat he held until 1780, and later represented Philipstown between 1783 and 1790 and Gorey
Gorey (Parliament of Ireland constituency)
Gorey was a constituency represented in the Irish House of Commons to 1800.-History:In the Patriot Parliament of 1689 summoned by King James II, Gorey was represented with two members.-1689–1801:...
from 1790 until the Act of Union in 1801. In 1789 he was appointed Solicitor-General for Ireland
Solicitor-General for Ireland
The Solicitor-General for Ireland was the holder of an Irish and then United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. At least one holder of the office, Patrick Barnewall played a significant role in...
, which he remained until 1798 when he was promoted to Attorney-General for Ireland
Attorney-General for Ireland
The Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...
and sworn of the Irish Privy Council
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...
. In his role as Attorney-General he was responsible for the prosecution of those involved in the Irish Rebellion of 1798
Irish Rebellion of 1798
The Irish Rebellion of 1798 , also known as the United Irishmen Rebellion , was an uprising in 1798, lasting several months, against British rule in Ireland...
. According to The Dictionary of National Biography "his indifference to human suffering … disgusted even those who thought the occasion called for firmness on the part of government". In 1799 he brought forward a law which gave the Lord Lieutenant of Ireland
Lord Lieutenant of Ireland
The Lord Lieutenant of Ireland was the British King's representative and head of the Irish executive during the Lordship of Ireland , the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...
power to suspend the 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...
Act and to install martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
.
Chief Justice of the Irish Common Pleas, 1800-1827
In 1800 he was appointed Chief Justice of the Irish Common PleasChief 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...
and raised to the Peerage of Ireland
Peerage of Ireland
The Peerage of Ireland is the term used for those titles of nobility created by the English and later British monarchs of Ireland in their capacity as Lord or King of Ireland. The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are Duke, Marquess, Earl,...
as Baron Norbury, of Ballycrenode in the County of Tipperary. His appointment to the bench was controversial and Lord Clare
John FitzGibbon, 1st Earl of Clare
John FitzGibbon, 1st Earl of Clare PC , later known as Earl of Clare or Lord Clare, was Attorney-General for Ireland in 1783, then Lord Chancellor of Ireland in 1789, in which capacity he was first promoted to the Irish peerage.He was a controversial figure in Irish history, being described...
, the 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:...
, is said to have quipped: "'Make him a bishop, or even an archbishop, but not a chief justice'". Norbury's tenure as Chief Justice lasted for twenty-seven years, despite the fact that, the Dictionary of National Biography opines, "his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance." This earned him the nickname the "Hanging Judge". It has been said of him the he was "generally regarded as Ireland's most notorious judge with a penchant for hanging that ran even the infamous Judge Jeffreys
George Jeffreys, 1st Baron Jeffreys
George Jeffreys, 1st Baron Jeffreys of Wem, PC , also known as "The Hanging Judge", was an English judge. He became notable during the reign of King James II, rising to the position of Lord Chancellor .- Early years and education :Jeffreys was born at the family estate of Acton Hall, near Wrexham,...
close." His most famous trial was that of Irish nationalist leader Robert Emmet
Robert Emmet
Robert Emmet was an Irish nationalist and Republican, orator and rebel leader born in Dublin, Ireland...
. Norbury interrupted and abused Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century.
However, Norbury's position eventually became untenable even to his strongest supporters, especially with the British government's aim of establishing a better relationship with the Catholic majority. His reputation was tainted in 1822, when a letter written to him by William Saurin
William Saurin
William Saurin was an Irish lawyer and politician. He was Attorney-General for Ireland from 1807 to 1822, and for much of that period effective head of the Irish administration.-Background and education:...
, the Attorney-General for Ireland
Attorney-General for Ireland
The Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...
, was discovered, in which Saurin urged Norbury to use his influence with the Irish Protestant gentry which made up local juries against the Catholics. He found his greatest adversary in Daniel O'Connell
Daniel O'Connell
Daniel O'Connell Daniel O'Connell Daniel O'Connell (6 August 1775 – 15 May 1847; often referred to as The Liberator, or The Emancipator, was an Irish political leader in the first half of the 19th century...
, to whom Norbury was "an especial object of abhorrence". At O'Connell's instigation the case of Saurin's letter was brought before the British Parliament
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
by Henry Brougham
Henry Brougham, 1st Baron Brougham and Vaux
Henry Peter Brougham, 1st Baron Brougham and Vaux was a British statesman who became Lord Chancellor of Great Britain.As a young lawyer in Scotland Brougham helped to found the Edinburgh Review in 1802 and contributed many articles to it. He went to London, and was called to the English bar in...
. Norbury survived this as well as a 1825 petition drawn up by O'Connell, which called for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given. However, it was not until George Canning
George Canning
George Canning PC, FRS was a British statesman and politician who served as Foreign Secretary and briefly Prime Minister.-Early life: 1770–1793:...
became Prime Minister in 1827 that Norbury, then in his eighty-second year, was finally induced to resign. His resignation was sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King's County, in the Peerage of Ireland. Unlike the barony of Norbury these titles were created with remainder to his second son Hector John (his eldest son Daniel was then considered mentally unsound).