Thomas Molony
Encyclopedia
Sir Thomas Molony, 1st Baronet PC
, QC
(1865–1949) was the last Lord Chief Justice of Ireland
. He was also the only Judge to hold the position of Lord Chief Justice of Southern Ireland although he did not hold that position under that title.
in 1887 and became a Queen's Counsel
in 1899. He served as Solicitor-General for Ireland
(24 June 1912 to 10 April 1913) when he was appointed Attorney General for Ireland (10 April 1913 to 20 June 1913). Later in 1913, Molony was made a judge of the High Court for Ireland and from 1915 sat as a judge of the High Court of Appeal for Ireland. He was also appointed to several governmental inquiries, notably one on certain shootings including that of Francis Sheehy-Skeffington
in the wake of the 1916 Irish Easter Rising
.
In terms of his own politics, Molony has been described as “a Home Ruler of the old stamp”. He was opposed to the partition of Ireland. When the Government of Ireland Act was being drafted he declined an invitation to travel to London to advise on proposals relating to the creation of a separate judiciary for what was to be Northern Ireland
. In correspondence with government officials, he expressed his particular disappointment that unlike previous Home Rule
Bills, it was now proposed that the Irish judiciary would be divided. He opined that this would impose unnecessary expense, lead to duplication of administrative expenses and that the proposals were “detrimental to the dignity and authority of the Bench...and would tend to...prolong the separation of the two parts of Ireland, which it is hoped ultimately to re-unite”.
in 1918 under Letters Patent
from the King under the Great Seal of Ireland. At the time of his appointment, this was the second highest judicial posting in Ireland, second only to that of the Lord Chancellor of Ireland
. However, Molony’s position was shortly to be under attack. In 1920 the British Government began drafting Home Rule legislation which ultimately led later that year to the Government of Ireland Act. The draft legislation proposed that the Lord Chief Justice of Ireland would become the Lord Chief Justice of Southern Ireland. Molony “expressed disquiet at the apparent proposal to lessen the dignity and prerogatives of his own office”. He sought the retention of the title of Lord Chief Justice of Ireland, at the very least for as long as he still held that post personally. In a letter to the Chief Secretary for Ireland
, Molony sought an amendment to the legislation to insert a clause to provide that "nothing in the legislation shall affect the rank, title or precedence of the existing Lord Chief Justice of Ireland" (i.e. Molony). The Chief Secretary responded to the effect that it would be anomalous for there to be a Lord Chief Justice of Ireland and a Lord Chief Justice of Northern Ireland. Molony countered this by pointing to one such anomaly that was universally accepted:
Molony corresponded with a number of other prominent members of the British administration including Edward Shortt
, the Home Secretary
. He argued that the withdrawal of his title was "unconstitutional and unjust" and that his option to retire was no answer at a time when his “retirement would certainly be regarded as a triumph for the forces of disorder”. Later, in October, Molony travelled to London to address a Cabinet Committee on the matter but this was not a success and Molony bemoaned how little interest in Irish affairs was taken by the government. As the Government of Ireland Bill left the House of Commons in November 1920, Molony sought the support of a number of Law Lords. Finally, the government compromised on the matter: An amendment to the effect that the Lord Chief Justice of Ireland would if he consented become the first Lord Chief Justice of Southern Ireland but would keep his title and rank (as well as certain non-judicial offices) was accepted.
The exact provision in the Government of Ireland Act under which Molony personally retained his title was under Part III(1) of the Seventh Schedule which provided that:
came into being), the position of Lord Chancellor of Ireland
was abolished. The leadership of the judiciary in the emerging Irish Free State now fell to Molony. That same year, the Irish civil war
began. The Four Courts
were burnt down. It was not an easy time to be a judge with violence raging and a new Irish government coming into power whose members had themselves shortly before been rebels. Molony made an effective and dignified attempt to proceed with business as usual and uphold the laws of the land.
Molony adopted a tough stance. The penalty of capital punishment
was regularly handed down by his judiciary during the Irish Civil War. Indeed even after that War, Molony handed down more death sentences than would have been usual in peacetime - four such sentences were handed down in the four weeks towards the end of 1923, two on the same day, 12 December.
One of the more notable events of his judicial leadership was that he administered the Oath of Office to the first Governor-General of the Irish Free State
.
Molony retired to England but was made Vice-Chancellor of Trinity College Dublin in 1931. Molony died in 1949. His family consisted of his wife Pauline, only daughter of Mr. Bernard Rispin, of Dublin, and three sons and three daughters. His eldest son, Hugh Francis Molony, born in 1900, was a graduate in engineering of Trinity College Dublin and succeeded his father to the baronetcy.
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...
(1865–1949) was the last Lord Chief Justice of Ireland
Lord Chief Justice of Ireland
thumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
. He was also the only Judge to hold the position of Lord Chief Justice of Southern Ireland although he did not hold that position under that title.
Early career and politics
Molony qualified as a barristerBarrister
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...
in 1887 and became a 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. He served as 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...
(24 June 1912 to 10 April 1913) when he was appointed Attorney General for Ireland (10 April 1913 to 20 June 1913). Later in 1913, Molony was made a judge of the High Court for Ireland and from 1915 sat as a judge of the High Court of Appeal for Ireland. He was also appointed to several governmental inquiries, notably one on certain shootings including that of Francis Sheehy-Skeffington
Francis Sheehy-Skeffington
Francis Skeffington from Bailieborough, County Cavan, was an Irish suffragist, pacifist and writer. He was a friend and schoolmate of James Joyce, Oliver St John Gogarty, Tom Kettle, and Conor Cruise O'Brien's father, Frank O'Brien...
in the wake of the 1916 Irish Easter Rising
Easter Rising
The Easter Rising was an insurrection staged in Ireland during Easter Week, 1916. The Rising was mounted by Irish republicans with the aims of ending British rule in Ireland and establishing the Irish Republic at a time when the British Empire was heavily engaged in the First World War...
.
In terms of his own politics, Molony has been described as “a Home Ruler of the old stamp”. He was opposed to the partition of Ireland. When the Government of Ireland Act was being drafted he declined an invitation to travel to London to advise on proposals relating to the creation of a separate judiciary for what was to be Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. In correspondence with government officials, he expressed his particular disappointment that unlike previous Home Rule
Home rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....
Bills, it was now proposed that the Irish judiciary would be divided. He opined that this would impose unnecessary expense, lead to duplication of administrative expenses and that the proposals were “detrimental to the dignity and authority of the Bench...and would tend to...prolong the separation of the two parts of Ireland, which it is hoped ultimately to re-unite”.
Defending his title
Molony was appointed the Lord Chief Justice of IrelandLord Chief Justice of Ireland
thumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
in 1918 under Letters Patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
from the King under the Great Seal of Ireland. At the time of his appointment, this was the second highest judicial posting in Ireland, second only to that of 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:...
. However, Molony’s position was shortly to be under attack. In 1920 the British Government began drafting Home Rule legislation which ultimately led later that year to the Government of Ireland Act. The draft legislation proposed that the Lord Chief Justice of Ireland would become the Lord Chief Justice of Southern Ireland. Molony “expressed disquiet at the apparent proposal to lessen the dignity and prerogatives of his own office”. He sought the retention of the title of Lord Chief Justice of Ireland, at the very least for as long as he still held that post personally. In a letter to the Chief Secretary for Ireland
Chief Secretary for Ireland
The Chief Secretary for Ireland was a key political office in the British administration in Ireland. Nominally subordinate to the Lord Lieutenant, from the late 18th century until the end of British rule he was effectively the government minister with responsibility for governing Ireland; usually...
, Molony sought an amendment to the legislation to insert a clause to provide that "nothing in the legislation shall affect the rank, title or precedence of the existing Lord Chief Justice of Ireland" (i.e. Molony). The Chief Secretary responded to the effect that it would be anomalous for there to be a Lord Chief Justice of Ireland and a Lord Chief Justice of Northern Ireland. Molony countered this by pointing to one such anomaly that was universally accepted:
Molony corresponded with a number of other prominent members of the British administration including Edward Shortt
Edward Shortt
Edward Shortt PC KC was a British lawyer and Liberal Party politician. He served as a member of David Lloyd George's cabinet, notably as Home Secretary from 1919 to 1922.-Background and education:...
, the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
. He argued that the withdrawal of his title was "unconstitutional and unjust" and that his option to retire was no answer at a time when his “retirement would certainly be regarded as a triumph for the forces of disorder”. Later, in October, Molony travelled to London to address a Cabinet Committee on the matter but this was not a success and Molony bemoaned how little interest in Irish affairs was taken by the government. As the Government of Ireland Bill left the House of Commons in November 1920, Molony sought the support of a number of Law Lords. Finally, the government compromised on the matter: An amendment to the effect that the Lord Chief Justice of Ireland would if he consented become the first Lord Chief Justice of Southern Ireland but would keep his title and rank (as well as certain non-judicial offices) was accepted.
The exact provision in the Government of Ireland Act under which Molony personally retained his title was under Part III(1) of the Seventh Schedule which provided that:
Highest judge in the land
On 6 December 1922 (i.e. the day the Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
came into being), the position 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:...
was abolished. The leadership of the judiciary in the emerging Irish Free State now fell to Molony. That same year, the Irish civil war
Irish Civil War
The Irish Civil War was a conflict that accompanied the establishment of the Irish Free State as an entity independent from the United Kingdom within the British Empire....
began. The Four Courts
Four Courts
The Four Courts in Dublin is the Republic of Ireland's main courts building. The Four Courts are the location of the Supreme Court, the High Court and the Dublin Circuit Court. The building until 2010 also formerly was the location for the Central Criminal Court.-Gandon's Building:Work based on...
were burnt down. It was not an easy time to be a judge with violence raging and a new Irish government coming into power whose members had themselves shortly before been rebels. Molony made an effective and dignified attempt to proceed with business as usual and uphold the laws of the land.
Molony adopted a tough stance. The penalty of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
was regularly handed down by his judiciary during the Irish Civil War. Indeed even after that War, Molony handed down more death sentences than would have been usual in peacetime - four such sentences were handed down in the four weeks towards the end of 1923, two on the same day, 12 December.
One of the more notable events of his judicial leadership was that he administered the Oath of Office to the first Governor-General of the Irish Free State
Governor-General of the Irish Free State
The Governor-General was the representative of the King in the 1922–1937 Irish Free State. Until 1927 he was also the agent of the British government in the Irish state. By convention the office of Governor-General was largely ceremonial...
.
Retirement
In May 1924, together with most other members of the Irish judiciary associated with the ancien regieme, Molony retired as the Irish government established its own court system under The Courts of Justice Act 1924. The office of Lord Chief Justice of Ireland and indeed of Lord Chief Justice of Southern Ireland were abolished. His successor as leader of the judiciary was the first Chief Justice of the Irish Free State. Molony had an audience with The King on 14 July 1924 upon relinquishing his appointment as Lord Chief Justice of Ireland. He was created a Baronet, of the City of Dublin, in 1925.Molony retired to England but was made Vice-Chancellor of Trinity College Dublin in 1931. Molony died in 1949. His family consisted of his wife Pauline, only daughter of Mr. Bernard Rispin, of Dublin, and three sons and three daughters. His eldest son, Hugh Francis Molony, born in 1900, was a graduate in engineering of Trinity College Dublin and succeeded his father to the baronetcy.