Alan Brodrick, 1st Viscount Midleton
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Alan Brodrick, 1st Viscount Midleton PC (Ire)
(c. 1656 – 29 August 1728) was an Irish lawyer and politician.
in County Cork
, by his wife Alice (d.1696), daughter of Laurence Clayton of Mallow, County Cork
and sister of Colonel Randall Clayton M.P., of Mallow. Brodick's father had received large land grants during the Protectorate
, and thus the family had much to lose if the land issue in Ireland
was settled to the satisfaction of dispossessed Catholics.
He was educated at Magdalen College
and the Middle Temple
, being called to the English bar
in 1678. Brodrick and his relatives fled Ireland during the Glorious Revolution
. They were attainted
under the rule of King James II
in Ireland. In exile in England, Brodrick argued for a speedy reconquest.
. He also became Recorder
of Cork. As a prominent Whig
supporter of the outcome of the Glorious Revolution he was not always in agreement with court policies in Ireland, which he considered too lenient on the Jacobites
. Despite this he often held Irish government offices and aspired to manage the Irish Parliament
for English ministers. He represented Cork City
in the Irish Parliament, which met in 1692 and held this seat until 1710. He was a vocal opponent of court policies, until a new Whig Lord Deputy of Ireland
decided to appoint him Solicitor-General for Ireland
. He promoted penal laws against Catholics, whilst also supporting greater powers for the Irish Parliament.
He was Speaker
of the Irish House of Commons from 21 September 1703. After promoting resolutions critical of the Lord Lieutenant of Ireland
he lost his post as Solicitor-General in 1704. He was Attorney-General for Ireland
1707–1709. He became Chief Justice of Ireland
1710–1711 and was replaced as Speaker on 19 May 1710, but again held the office in the next Parliament 25 November 1713 – 1 August 1714, where he also represented Cork County
. He was appointed Lord Chancellor of Ireland
in 1714 and was ennobled in the Peerage of Ireland in 1715, as the 1st Baron Brodrick. He was advanced to the rank of 1st Viscount Midleton in 1717.
The most celebrated case in his time as Lord Chancellor was Sherlock v Annesley; on the face of it an unremarkable dispute over possession of lands in Kildare, it raised the sensitive question whether the Irish or British House of Lords was the final court of appeal from Ireland, and ultimately put an effective end to the independence of the Irish Parliament until 1782. The parties ended up with conflicting orders from the two Houses entitling each of them to be put in possession; when the Barons of the Irish Exchequer enforced the decree of the British House, the Irish House committed them for contempt. This however was against the advice of Midleton , who though normally hot-tempered did his best to calm matters down. The committal proved to be a disastrous mistake: the British Parliament retaliated with a statute of 1719 , the celebrated "Sixth of George I " which not only removed the right of appeal to the Irish House of Lords
but asserted the right of the British Parliament to pass laws concerning Ireland.
Midleton feuded with his successor as Speaker William Conolly
, as they were rivals to be the leading figure in Irish politics. Despite intrigues in England (where he was Member of the British Parliament for Midhurst
1717–1728), Midleton lost out and resigned as Lord Chancellor in 1725. He left a legacy of bitterness and ill-will for which he was not entirely to blame: the Irish peers chose to blame him for the loss of their powers under the statute of 1719, rather than their own mis-judgement in committing the Barons.
He led the opposition in the next session of the Irish Parliament, but then let others take the lead.
In 1713 he purchased a substantial estate at Peper Harrow, in Surrey
, from Philip Frowde.
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...
(c. 1656 – 29 August 1728) was an Irish lawyer and politician.
Background
He was the second son of Sir St John Brodrick of Ballyannan, near MidletonMidleton
Midleton, historically Middleton , is a town in south-eastern County Cork, Ireland. It lies some 22 km east of Cork City on the Owenacurra River and the N25 road, which connects Cork to the port of Rosslare...
in County Cork
County Cork
County Cork is a county in Ireland. It is located in the South-West Region and is also part of the province of Munster. It is named after the city of Cork . Cork County Council is the local authority for the county...
, by his wife Alice (d.1696), daughter of Laurence Clayton of Mallow, County Cork
Mallow, County Cork
Mallow is the "Crossroads of Munster" and the administrative capital of north County Cork, in Ireland. The Northern Divisional Offices of Cork County Council are located in the town....
and sister of Colonel Randall Clayton M.P., of Mallow. Brodick's father had received large land grants during the Protectorate
The Protectorate
In British history, the Protectorate was the period 1653–1659 during which the Commonwealth of England was governed by a Lord Protector.-Background:...
, and thus the family had much to lose if the land issue in 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...
was settled to the satisfaction of dispossessed Catholics.
He was educated at Magdalen College
Magdalen College, Oxford
Magdalen College is one of the constituent colleges of the University of Oxford in England. As of 2006 the college had an estimated financial endowment of £153 million. Magdalen is currently top of the Norrington Table after over half of its 2010 finalists received first-class degrees, a record...
and the 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...
, being called to the English bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
in 1678. Brodrick and his relatives fled Ireland during the Glorious Revolution
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...
. They were attainted
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
under the rule of King 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...
in Ireland. In exile in England, Brodrick argued for a speedy reconquest.
Career
In 1690 he returned to Dublin and was given the legal office of Second SerjeantSerjeant-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...
. He also became Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Cork. As a prominent Whig
British Whig Party
The Whigs were a party in the Parliament of England, Parliament of Great Britain, and Parliament of the United Kingdom, who contested power with the rival Tories from the 1680s to the 1850s. The Whigs' origin lay in constitutional monarchism and opposition to absolute rule...
supporter of the outcome of the Glorious Revolution he was not always in agreement with court policies in Ireland, which he considered too lenient on the Jacobites
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
. Despite this he often held Irish government offices and aspired to manage the Irish Parliament
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
for English ministers. He represented Cork City
Cork City (Parliament of Ireland constituency)
Cork City was a constituency represented in the Irish House of Commons to 1800.-Boundaries and boundary changes:...
in the Irish Parliament, which met in 1692 and held this seat until 1710. He was a vocal opponent of court policies, until a new Whig Lord Deputy of Ireland
Lord Deputy of Ireland
The Lord Deputy was the King's representative and head of the Irish executive under English rule, during the Lordship of Ireland and later the Kingdom of Ireland...
decided to appoint him 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...
. He promoted penal laws against Catholics, whilst also supporting greater powers for the Irish Parliament.
He was Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Irish House of Commons from 21 September 1703. After promoting resolutions critical of 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...
he lost his post as Solicitor-General in 1704. He was 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...
1707–1709. He became Chief Justice of Ireland
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
1710–1711 and was replaced as Speaker on 19 May 1710, but again held the office in the next Parliament 25 November 1713 – 1 August 1714, where he also represented Cork County
Cork County (Parliament of Ireland constituency)
Cork County was a constituency represented in the Irish House of Commons to 1800.-Boundaries and Boundary Changes:This constituency was the borough in County Cork. It returned two members to the Parliament of Ireland to 1800.-History:...
. He was appointed 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:...
in 1714 and was ennobled in the Peerage of Ireland in 1715, as the 1st Baron Brodrick. He was advanced to the rank of 1st Viscount Midleton in 1717.
The most celebrated case in his time as Lord Chancellor was Sherlock v Annesley; on the face of it an unremarkable dispute over possession of lands in Kildare, it raised the sensitive question whether the Irish or British House of Lords was the final court of appeal from Ireland, and ultimately put an effective end to the independence of the Irish Parliament until 1782. The parties ended up with conflicting orders from the two Houses entitling each of them to be put in possession; when the Barons of the Irish Exchequer enforced the decree of the British House, the Irish House committed them for contempt. This however was against the advice of Midleton , who though normally hot-tempered did his best to calm matters down. The committal proved to be a disastrous mistake: the British Parliament retaliated with a statute of 1719 , the celebrated "Sixth of George I " which not only removed the right of appeal to the Irish House of Lords
Irish House of Lords
The Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediaeval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union.-Function:...
but asserted the right of the British Parliament to pass laws concerning Ireland.
Midleton feuded with his successor as Speaker William Conolly
William Conolly
William Conolly , also known as Speaker Conolly, was an Irish politician, Commissioner of Revenue, lawyer and landowner.-Career:...
, as they were rivals to be the leading figure in Irish politics. Despite intrigues in England (where he was Member of the British Parliament for Midhurst
Midhurst
Midhurst is a market town and civil parish in the Chichester district of West Sussex, England, with a population of 4,889 in 2001. The town is situated on the River Rother and is home to the ruin of the Tudor Cowdray House and the stately Victorian Cowdray Park...
1717–1728), Midleton lost out and resigned as Lord Chancellor in 1725. He left a legacy of bitterness and ill-will for which he was not entirely to blame: the Irish peers chose to blame him for the loss of their powers under the statute of 1719, rather than their own mis-judgement in committing the Barons.
He led the opposition in the next session of the Irish Parliament, but then let others take the lead.
In 1713 he purchased a substantial estate at Peper Harrow, in Surrey
Surrey
Surrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...
, from Philip Frowde.