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'''Charles Burton''' (1760 – 1847) was an English-born barrister and judge who spent the greater part of his professional career in Ireland.
{{Short description|English-born barrister and judge}}
{{Use dmy dates|date=April 2022}}
'''Charles Burton''' (1760–1847) was an English-born barrister and judge who spent most of his professional career in Ireland.


[[File:Aynho.JPG|thumb|150px|Aynho, Northamptonshire, Burton's birthplace]]
[[File:Aynho.JPG|thumb|150px|Aynho, Northamptonshire, Burton's birthplace]]


==Early life==
⚫
He was born at [[Aynho]] in [[Northamptonshire]], second son of Francis Burton and Anna Singer.<ref>Ball, F. Elrington ''The Judges in Ireland 1221-1921'' John Murray London 1926 Vol.2 p.341</ref> The Burton family were originally from [[Leicestershire]]. His brother Edmund, a [[solicitor]] who
practiced in [[Daventry]], had several children, including Sir William Westbrooke
⚫
Burton (1794-1888), a judge and statesman in Australia, whose second wife was Charles' granddaughter Maria West. He entered [[Middle Temple]], and subsequently [[Lincoln's Inn]]. Ball states that he was never called to the [[English Bar]], although he practiced as an [[attorney-at-law|attorney]] in the [[Court of King's Bench (England)|King's Bench]].<ref>Ball p.259</ref> He was befriended by the leading Irish barrister [[John Philpot Curran]], who persuaded him that his future lay in Ireland. He was called to the [[Irish Bar]] in 1792 and [[took silk]] in 1806.


⚫
He was born at [[Aynho]] in [[Northamptonshire]], second son of Francis Burton and Anna Singer.<ref name=Ball>Ball, F. Elrington ''The Judges in Ireland 1221–1921'' John Murray London 1926 Vol.2 p.341</ref> The Burton family were originally from [[Leicestershire]]. His brother Edmund, a [[solicitor]] who practised in [[Daventry]], had several children, including Sir William Westbrooke
⚫
He was a man of great erudition, who was described, no doubt with some exaggeration, as the most learned man ever to practice at the Irish Bar. He was also an exceptionally hard worker, and above all a superb [[advocate]]. He made his reputation with his speech for the defendant, which was described as "a masterpiece of eloquence", in the leading [[quo warranto]] case, ''R. v. Waller O'Grady'', in 1816, where the Crown challenged the right of the [[Chief Baron of the Irish Exchequer]] to appoint his younger son as a Court clerk.<ref>Ball p.341</ref>
⚫
Burton (1794–1888), a [[judge]] and statesman in Australia, whose second wife was Charles' granddaughter Maria Alphonsine West. He entered [[Middle Temple]], and subsequently [[Lincoln's Inn]]. Ball states that he was never called to the [[English Bar]], although he practised as an [[attorney-at-law|attorney]] in the [[Court of King's Bench (England)|King's Bench]].<ref name=judges>Ball pp.259–60</ref> He was befriended by the leading Irish barrister [[John Philpot Curran]], who persuaded him that his future lay in Ireland. He was called to the [[Irish Bar]] in 1792 and [[took silk]] in 1806.


==Career==
⚫
Thereafter his career advanced rapidly: he became [[Serjeant-at-law (Ireland)|Third Serjeant]] in 1817, Second Serjeant in 1818, and a judge of the [[Court of King's Bench (Ireland)]] in 1820. He was one of the last Englishmen to be elevated to the Irish Bench.<ref>Ball p.259</ref> He enjoyed a high reputation as a judge, being described as calm, dignified and impartial.<ref>''Annual Register 1847, obituary''</ref>


⚫
He was a man of great erudition, who was described, no doubt with some exaggeration, as the most learned man ever to practice at the Irish Bar. He was also an exceptionally hard worker, and above all a superb [[advocate]]. He made his reputation with his speech for the defendant, which was described as "a masterpiece of eloquence", in the leading ''[[quo warranto]]'' case, ''R. v. Waller O'Grady'', in 1816, where the Crown challenged the right of [[Standish O'Grady, 1st Viscount Guillamore]], the [[Chief Baron of the Irish Exchequer]] to appoint his younger son as a Court clerk.<ref name =Ball/>
⚫
His most memorable trial was that of [[Daniel O'Connell]] for [[conspiracy (criminal)|conspiracy]] in 1844: while other judges sat on the Court, it was Burton who passed the sentence of imprisonment, which was later quashed by the [[House of Lords]].<ref>Ball p.341</ref> Burton was by then a very old man and his mental and physical faculties may have been failing: several witnesses claimed that he was asleep during the trial.<ref>Geoghegan, Patrick M. ''Liberator- the Life and Death of Daniel O'Connell 1830-1847'' Gill and Macmillan 2010 p.169</ref>
However one obituary of the judge maintained that O'Connell, in general a stern critic of the Irish judiciary, actually admired Burton.<ref>''Illustrated London News'' Volume 11 p.404</ref> Burton was also described as a judge who was entirely free of party political bias.<ref>''Annual Register 1847''</ref>


⚫
Thereafter his career advanced rapidly: he became [[Serjeant-at-law (Ireland)|Third Serjeant]] in 1817, Second Serjeant in 1818, and a judge of the [[Court of King's Bench (Ireland)]] in 1820. He was one of the last Englishmen to be elevated to the Irish Bench.<ref name=judges/> He enjoyed a high reputation as a judge, being described as calm, dignified and impartial.<ref>''Annual Register 1847, obituary''</ref>
⚫
Just as Curran had been his mentor, so Burton acted as mentor to the young [[Gerald Fitzgibbon (author)|Gerald Fitzgibbon]], encouraging him to pursue a legal career, and thus helping to found one of Ireland's most remarkable legal dynasties.


==Judicial career==
⚫
He was a member of the [[Royal Dublin Society]], and renowned for his classical learning.<ref>Ball p.260</ref> He lived mainly in [[Dublin]], where he changed his residence several times, finally settling at Mount Anville. He also had a house at [[Eyrecourt]] in [[County Galway]]. He died in Dublin in 1847 and was buried in [[St. Peter's Church, Aungier Street, Dublin]] (the church was demolished in the 1980s).<ref>Ball p.341</ref>


⚫
His most memorable trial was that of [[Daniel O'Connell]] for [[conspiracy (criminal)|conspiracy]] in 1844: while there were several judges on the Court, it was Burton who passed the sentence of imprisonment, which was later quashed by the [[House of Lords]].<ref name =Ball/> Burton was by then a very old man and his mental and physical faculties were probably failing: several witnesses claimed that he was asleep during the trial.<ref>Geoghegan, Patrick M. ''Liberator- the Life and Death of Daniel O'Connell 1830–1847'' Gill and Macmillan 2010 p.169</ref> However one obituary of the judge maintained that O'Connell, in general, a stern critic of the Irish judiciary, actually admired Burton.<ref>''Illustrated London News'' Volume 11 p.404</ref> Burton was also described as a judge who was entirely free of party political bias.<ref>''Annual Register 1847''</ref>
He married in 1787 Anna Andrews, of whose parentage and background little is known. She died in 1822: they had one daughter, Eliza-Felicia,<ref>''Illustrated London News'', obituary</ref> who in 1819 married [[John Beattie West]], [[House of Commons of the United Kingdom|MP]] for [[Dublin City (UK Parliament constituency)|Dublin]],<ref>Ball p.341</ref> by whom she had a son, Charles Burton-West, and several daughters, including Anna Felicia, who married Sir Croker Barrington, 4th Baronet, Maria Alphonsine, who married her cousin, the [[Australian]] judge Sir [[William Westbrooke Burton]] (son of Charles' brother Edmund), and Charlotte,

⚫
who married Sir Henry Vansittart Stonhouse, 15th Baronet. <ref>Burke, John ''Commoners of Great Britain and Ireland'' London Henry Colburn 1836 Vol.3 p.270</ref>
⚫
Just as Curran had been his mentor, so Burton acted as mentor to the young [[Gerald Fitzgibbon (author)|Gerald Fitzgibbon]], encouraging him to pursue a legal career, and thus helping to found one of Ireland's most remarkable legal dynasties.

⚫
He was a member of the [[Royal Dublin Society]], and renowned for his classical learning.<ref name=judges/> He lived mainly in [[Dublin]], where he changed his residence several times, finally settling at Mount Anville. He also had a house at [[Eyrecourt]] in [[County Galway]]. He died in Dublin in 1847 and was buried in [[St. Peter's Church, Aungier Street, Dublin]] (the church was demolished in the 1980s).<ref name =Ball/>

==Family==

He married in 1787 Anna Andrews, of whose parentage and background little is known. She died in 1822. They had one daughter:

*Eliza-Felicia,<ref>''Illustrated London News'', obituary</ref> who in 1819 married [[John Beattie West]], [[House of Commons of the United Kingdom|MP]] for [[Dublin City (UK Parliament constituency)|Dublin]],<ref name =Ball/> by whom she had issue:
** Charles Burton-West;
**Anna Felicia, who married Sir Croker Barrington, 4th Baronet,
**Maria Alphonsine, who married her cousin, the [[Australia]]n judge Sir [[William Westbrooke Burton]] (son of Charles' brother Edmund),
⚫
**Charlotte, who married Sir Henry Vansittart Stonhouse, 15th Baronet.<ref>Burke, John ''Commoners of Great Britain and Ireland'' London Henry Colburn 1836 Vol.3 p.270</ref>


==References==
==References==
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[[Category:Justices of the Irish King's Bench]]
[[Category:Justices of the Irish King's Bench]]
[[Category:Serjeants-at-law (Ireland)]]
[[Category:Serjeants-at-law (Ireland)]]
[[Category:Irish King's Counsel]]
[[Category:Lawyers from County Dublin]]
[[Category:People from Eyrecourt]]

Latest revision as of 17:51, 6 March 2024

Charles Burton (1760–1847) was an English-born barrister and judge who spent most of his professional career in Ireland.

Aynho, Northamptonshire, Burton's birthplace

Early life

[edit]

He was born at Aynho in Northamptonshire, second son of Francis Burton and Anna Singer.[1] The Burton family were originally from Leicestershire. His brother Edmund, a solicitor who practised in Daventry, had several children, including Sir William Westbrooke Burton (1794–1888), a judge and statesman in Australia, whose second wife was Charles' granddaughter Maria Alphonsine West. He entered Middle Temple, and subsequently Lincoln's Inn. Ball states that he was never called to the English Bar, although he practised as an attorney in the King's Bench.[2] He was befriended by the leading Irish barrister John Philpot Curran, who persuaded him that his future lay in Ireland. He was called to the Irish Bar in 1792 and took silk in 1806.

Career

[edit]

He was a man of great erudition, who was described, no doubt with some exaggeration, as the most learned man ever to practice at the Irish Bar. He was also an exceptionally hard worker, and above all a superb advocate. He made his reputation with his speech for the defendant, which was described as "a masterpiece of eloquence", in the leading quo warranto case, R. v. Waller O'Grady, in 1816, where the Crown challenged the right of Standish O'Grady, 1st Viscount Guillamore, the Chief Baron of the Irish Exchequer to appoint his younger son as a Court clerk.[1]

Thereafter his career advanced rapidly: he became Third Serjeant in 1817, Second Serjeant in 1818, and a judge of the Court of King's Bench (Ireland) in 1820. He was one of the last Englishmen to be elevated to the Irish Bench.[2] He enjoyed a high reputation as a judge, being described as calm, dignified and impartial.[3]

Judicial career

[edit]

His most memorable trial was that of Daniel O'Connell for conspiracy in 1844: while there were several judges on the Court, it was Burton who passed the sentence of imprisonment, which was later quashed by the House of Lords.[1] Burton was by then a very old man and his mental and physical faculties were probably failing: several witnesses claimed that he was asleep during the trial.[4] However one obituary of the judge maintained that O'Connell, in general, a stern critic of the Irish judiciary, actually admired Burton.[5] Burton was also described as a judge who was entirely free of party political bias.[6]

Just as Curran had been his mentor, so Burton acted as mentor to the young Gerald Fitzgibbon, encouraging him to pursue a legal career, and thus helping to found one of Ireland's most remarkable legal dynasties.

He was a member of the Royal Dublin Society, and renowned for his classical learning.[2] He lived mainly in Dublin, where he changed his residence several times, finally settling at Mount Anville. He also had a house at Eyrecourt in County Galway. He died in Dublin in 1847 and was buried in St. Peter's Church, Aungier Street, Dublin (the church was demolished in the 1980s).[1]

Family

[edit]

He married in 1787 Anna Andrews, of whose parentage and background little is known. She died in 1822. They had one daughter:

  • Eliza-Felicia,[7] who in 1819 married John Beattie West, MP for Dublin,[1] by whom she had issue:
    • Charles Burton-West;
    • Anna Felicia, who married Sir Croker Barrington, 4th Baronet,
    • Maria Alphonsine, who married her cousin, the Australian judge Sir William Westbrooke Burton (son of Charles' brother Edmund),
    • Charlotte, who married Sir Henry Vansittart Stonhouse, 15th Baronet.[8]

References

[edit]
  1. ^ a b c d e Ball, F. Elrington The Judges in Ireland 1221–1921 John Murray London 1926 Vol.2 p.341
  2. ^ a b c Ball pp.259–60
  3. ^ Annual Register 1847, obituary
  4. ^ Geoghegan, Patrick M. Liberator- the Life and Death of Daniel O'Connell 1830–1847 Gill and Macmillan 2010 p.169
  5. ^ Illustrated London News Volume 11 p.404
  6. ^ Annual Register 1847
  7. ^ Illustrated London News, obituary
  8. ^ Burke, John Commoners of Great Britain and Ireland London Henry Colburn 1836 Vol.3 p.270
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