Stephen Rice (judge)
Encyclopedia
Sir Stephen Rice was chief baron of the exchequer in Ireland, a supporter of James II.
, County Kerry
, by Phillis Fanning of Limerick
. Before the death of Charles II he had acquired a large practice at the Irish bar, known as counsel in revenue matters.
. Rice was made a privy councillor in May along with Richard Talbot, 1st Earl of Tyrconnell, Thomas Nugent
, Sir Richard Nagle, Justin MacCarthy, and Richard Hamilton
. He first sat as a judge at the beginning of June, being dispensed from taking the oath of supremacy, and afterwards went the Leinster circuit.
The exchequer was the only Irish court from which a writ of error did not lie in England; it was crowded with suitors. Rice supported the resolve of Tyrconnell and his supporters to change the Caroline settlement. He opposed the suggestion of a commission of grace, by which money might be raised and the position of existing landowners might at the same time be respected: in August Rice said ‘a commission would only serve to confirm those estates which ought not to be confirmed’, declined to say what should be done to those whose titles were doubtful, and declared that nothing could be done without a parliament. In November Rice took steps to prevent the court of common pleas, where John Keating
presided, from interfering in disputes between revenue officers and merchants. In April 1687 he was made chief baron, displacing Henry Hene
, and was knighted.
After Tyrconnell succeeded Henry Hyde, 2nd Earl of Clarendon
in the government (February 1687), Protestants were dismissed from civil and military employment. The charters of nearly all the corporations, about one hundred in number, were brought into the exchequer by writs of quo warranto
and declared void. The next step was the forfeiture of leases made by corporations; Rice gave out that in this and other matters the Protestants should have the strict letter of the law. He was one of the privy councillors who on 8 March 1686–7 signed Tyrconnell's proclamation promising that his majesty's subjects of whatever ‘persuasion should be protected in their just rights and properties due to them by law’. The corporation of Dublin was required to plead at short notice, and this led to a clerical error. The chief baron refused leave to amend the irregularity, and declared the charter forfeited. Protestant mayors and sheriffs were generally expelled, and at Limerick Rice refused to hold the assizes until Tyrconnell's nominees were admitted. Rice himself became one of the forty-two burgesses under James's new charter.
In August 1687 Rice was with Tyrconnell and Nagle at Chester
, where he dined with the bishop Thomas Cartwright
, and conferred with the king. Rice, accompanied by Chief-justice Nugent, was sent to London early in 1688 to procure James's consent to Irish legislation. On 25 April Clarendon noted in his diary that the two Irish judges that day began their homeward journey ‘with very little satisfaction, for I am told the king did not approve the proposals they brought him for calling a parliament.’
as soon as he reached Paris. Rice urged an immediate invasion, and returned to Ireland with James in the following March. He became a commissioner of the Jacobite treasury, and was in Limerick during the first siege
. After William III's repulse theere in August 1690, he went again to France, and returned with Tyrconnell. They brought some money, and landed at Galway
in January 1691.
After the final ruin of the Jacobite cause, Rice was adjudged to be within the articles of Limerick, and remained in Ireland in possession of his estate. He does not seem to have returned, to his practice as a barrister, but on 22 February 1703 he appeared without a gown at the bar of the Commons, and on the 28th at that of the Lords, to argue against the act to prevent the further growth of popery, and in favour of the articles of Limerick.
Rice died on 16 February 1715, aged 78.
, and had several children. His eldest son Edward conformed to the Church of England
, to save his estate from passing in gavelkind
.
Early life
He was a younger son of James Rice of DingleDingle
Dingle is a town in County Kerry, Ireland. The only town on the Dingle Peninsula, it sits on the Atlantic coast, about 49 kilometres southwest of Tralee and 71 kilometres northwest of Killarney....
, County Kerry
County Kerry
Kerry means the "people of Ciar" which was the name of the pre-Gaelic tribe who lived in part of the present county. The legendary founder of the tribe was Ciar, son of Fergus mac Róich. In Old Irish "Ciar" meant black or dark brown, and the word continues in use in modern Irish as an adjective...
, by Phillis Fanning of Limerick
Limerick
Limerick is the third largest city in the Republic of Ireland, and the principal city of County Limerick and Ireland's Mid-West Region. It is the fifth most populous city in all of Ireland. When taking the extra-municipal suburbs into account, Limerick is the third largest conurbation in the...
. Before the death of Charles II he had acquired a large practice at the Irish bar, known as counsel in revenue matters.
Judge under James II
In April 1686 James II appointed him baron of the exchequer, by the peremptory dismissal of Sir Standish HartstongeStandish Hartstonge
Sir Standish Hartstonge , 1st Baronet was an English lawyer who had a distinguished career as a judge in Ireland , but was twice removed from office.- Background and early career :...
. Rice was made a privy councillor in May along with Richard Talbot, 1st Earl of Tyrconnell, Thomas Nugent
Thomas Nugent (chief justice of Ireland)
Thomas Nugent was an Irish Roman Catholic barrister who became Lord Chief Justice of Ireland under James II of Great Britain, and held a 1689 title as Baron of Riverston .-Life:...
, Sir Richard Nagle, Justin MacCarthy, and Richard Hamilton
Richard Hamilton (officer)
Richard Hamilton was a Jacobite Irish army officer who fought on both sides during the Williamite War in Ireland.-Biography:...
. He first sat as a judge at the beginning of June, being dispensed from taking the oath of supremacy, and afterwards went the Leinster circuit.
The exchequer was the only Irish court from which a writ of error did not lie in England; it was crowded with suitors. Rice supported the resolve of Tyrconnell and his supporters to change the Caroline settlement. He opposed the suggestion of a commission of grace, by which money might be raised and the position of existing landowners might at the same time be respected: in August Rice said ‘a commission would only serve to confirm those estates which ought not to be confirmed’, declined to say what should be done to those whose titles were doubtful, and declared that nothing could be done without a parliament. In November Rice took steps to prevent the court of common pleas, where John Keating
John Keating (judge)
John Keating was an Irish judge who became Chief Justice of the Irish Common Pleas; despite a reputation for integrity, impartiality and benevolence, he fell from power after the Revolution of 1688, and committed suicide....
presided, from interfering in disputes between revenue officers and merchants. In April 1687 he was made chief baron, displacing Henry Hene
Henry Hene
Henry Hene or Henn was an English-born judge who had a distinguished career in Ireland, becoming Chief Baron of the Irish Exchequer.- Background and early career :...
, and was knighted.
After Tyrconnell succeeded 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:...
in the government (February 1687), Protestants were dismissed from civil and military employment. The charters of nearly all the corporations, about one hundred in number, were brought into the exchequer by writs of quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
and declared void. The next step was the forfeiture of leases made by corporations; Rice gave out that in this and other matters the Protestants should have the strict letter of the law. He was one of the privy councillors who on 8 March 1686–7 signed Tyrconnell's proclamation promising that his majesty's subjects of whatever ‘persuasion should be protected in their just rights and properties due to them by law’. The corporation of Dublin was required to plead at short notice, and this led to a clerical error. The chief baron refused leave to amend the irregularity, and declared the charter forfeited. Protestant mayors and sheriffs were generally expelled, and at Limerick Rice refused to hold the assizes until Tyrconnell's nominees were admitted. Rice himself became one of the forty-two burgesses under James's new charter.
In August 1687 Rice was with Tyrconnell and Nagle at Chester
Chester
Chester is a city in Cheshire, England. Lying on the River Dee, close to the border with Wales, it is home to 77,040 inhabitants, and is the largest and most populous settlement of the wider unitary authority area of Cheshire West and Chester, which had a population of 328,100 according to the...
, where he dined with the bishop Thomas Cartwright
Thomas Cartwright (bishop)
Thomas Cartwright was an English bishop and diarist, known as a supporter of James II.-Life:He was born and went to school in Northampton, and studied at the University of Oxford. He was first at Magdalen Hall, and then at Queen's College where he was tutored by Thomas Tully. He was ordained by...
, and conferred with the king. Rice, accompanied by Chief-justice Nugent, was sent to London early in 1688 to procure James's consent to Irish legislation. On 25 April Clarendon noted in his diary that the two Irish judges that day began their homeward journey ‘with very little satisfaction, for I am told the king did not approve the proposals they brought him for calling a parliament.’
After the Glorious Revolution
After James's flight, Tyrconnell sent Rice to France with Lord Mountjoy, and they left Dublin on 10 January 1689. Mountjoy's instructions were to say that any attempt on Ireland would be hopeless, but he was sent to the BastilleBastille
The Bastille was a fortress in Paris, known formally as the Bastille Saint-Antoine. It played an important role in the internal conflicts of France and for most of its history was used as a state prison by the kings of France. The Bastille was built in response to the English threat to the city of...
as soon as he reached Paris. Rice urged an immediate invasion, and returned to Ireland with James in the following March. He became a commissioner of the Jacobite treasury, and was in Limerick during the first siege
Siege of Limerick (1690)
Limerick, a city in western Ireland, was besieged twice in the Williamite War in Ireland, 1689-1691. On the first of these occasions, in August to September 1690, its Jacobite defenders retreated to the city after their defeat at the Battle of the Boyne...
. After William III's repulse theere in August 1690, he went again to France, and returned with Tyrconnell. They brought some money, and landed at Galway
Galway
Galway or City of Galway is a city in County Galway, Republic of Ireland. It is the sixth largest and the fastest-growing city in Ireland. It is also the third largest city within the Republic and the only city in the Province of Connacht. Located on the west coast of Ireland, it sits on the...
in January 1691.
After the final ruin of the Jacobite cause, Rice was adjudged to be within the articles of Limerick, and remained in Ireland in possession of his estate. He does not seem to have returned, to his practice as a barrister, but on 22 February 1703 he appeared without a gown at the bar of the Commons, and on the 28th at that of the Lords, to argue against the act to prevent the further growth of popery, and in favour of the articles of Limerick.
Rice died on 16 February 1715, aged 78.
Family
It had been James's intention to make him a peer. He married Mary, daughter of Thomas Fitzgerald of County LimerickCounty Limerick
It is thought that humans had established themselves in the Lough Gur area of the county as early as 3000 BC, while megalithic remains found at Duntryleague date back further to 3500 BC...
, and had several children. His eldest son Edward conformed to the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, to save his estate from passing in gavelkind
Gavelkind
Gavelkind was a system of land tenure associated chiefly with the county of Kent, but found also in other parts of England. Its inheritance pattern bears resemblance to Salic patrimony and as such might testify in favour of a wider, probably ancient Germanic tradition.It was legally abolished in...
.