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‘The radicals in these Reform times’: Politics, Grand juries, and Ireland’s Unbuilt Assize Courthouses, 1800–50

Published online by Cambridge University Press:  12 January 2016

Richard J. Butler
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Extract

It is the aim, in this article, to identify the reasons why certain designs for courthouses in early-nineteenth-century Ireland remained unexecuted, and to do so by analysing surviving drawings and placing them in the political context at this time of Irish local government and of the efforts of Westminster politicians to institute reform. The funding and erection of courthouses were managed by grand juries, an archaic form of local government which gave few rights to smaller taxpayers and was widely perceived as an unaccountable institution associated with the ancien régime. In addition to hosting court sittings, courthouses were used by these grand juries for their private meetings and functions. By exploring the agendas and pretensions of these bodies, and by looking at the fluctuating availability of funding sources that were needed to initiate building work, I will argue through a series of Irish case studies that a renewed focus on elite patronage and its associated politics allows a new insight into courthouse building, which places less emphasis than is often the case on, for example, the role played by the changing legal profession in the architectural development of the courthouse.

In nineteenth-century Ireland, courthouses demarcated the visible and tangible presence in the urban landscape of the law and state-sanctioned justice. Laws passed by the Irish parliament and then, after its abolition in 1800, by the Westminster government, were enforced in assize courthouses by travelling judges on established ‘circuits’, visiting each city or county town twice a year (in the spring and summer). These judges travelled with great splendour through the countryside, and were welcomed by a high sheriff at the county border and escorted with military pageantry, ritual, and procession to their destination.

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Research Article
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Architectural History , Volume 58 , 2015 , pp. 109 - 139
Copyright
Copyright © Society of Architectural Historians of Great Britain. 2015

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References

Notes

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21 Brett, C. E. B., Court Houses and Market Houses of the Province of Ulster (Belfast, 1973), pp. 15–20 Google Scholar; and Casey, Christine, ‘Courthouses, Markethouses and Townhalls of Leinster’(master’s thesis, University College Dublin, 1982), pp. 15–22 Google Scholar. For an overview of Irish courthouses, see Hurley, Livia, ‘Courthouses’, in Art and Architecture of Ireland: Volume IV: Architecture 1600–2000, eds Carpenter, Andrew et al. (Dublin, New Haven and London, 2014), pp. 181–84.Google Scholar

22 Graham, , Ordering Law, pp. 73–114 (especially pp. 91-93).Google Scholar

23 Figures for criminal indictments in Papers Relating to the Internal Judicature of Ireland (House of Commons papers 1818–19 (15), iii); and from 1823 onwards in the appendices to the annual reports of the Inspectors General of Irish Prisons (House of Commons papers).

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26 Dublin, National Library of Ireland, MS 10,770, Pakenham-Mahon Papers, Roscommon Courthouse, elevation and plan (undated). A clause in a 1796 act (36 Geo. III, c. 55, s. 97) allowed the County Roscommon grand jury to acquire the town’s market space ‘for the benefits of the court and the grand jury’. For Lifford, see Patton, Billy, The Court Will Rise: A Short History of the Old Courthouse, Lifford (Donegal, 2004).Google Scholar

27 For Gandon’s involvement in Waterford courthouse and the Four Courts, see Mulvany, Thomas J. and Gandon, James, The Life of James Gandon (Dublin, 1846), pp. 68–74 Google Scholar, and McParland, Edward, James Gandon: Vitruvius Hibernicus (London, 1985).Google Scholar

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30 From north to south: Derry, Omagh, Armagh, Dundalk, Trim, Athy, Naas, Portlaoise, Philipstown (now Daingean), Galway, Clonmel, Carlow, Wexford, Limerick and Cork.

31 Disused Public Buildings (Ireland) Act, 1808 (48 Geo. III, c. 113).

32 Hansard, 9 (20 April 1807), cc. 499–502; journal of the House of Commons, 64 (24 May 1809), p. 341; Hansard, 14 (24 May 1809), cc. 668–70; Journal of the House of Commons, 65 (21 February 1810), p. 113Google Scholar. A Bill To Amend the Laws In Ireland Respecting … Grand Juries (House of Commons papers, 1810 (118), i).

33 36 Geo. III c. 55. The problems with this act were first noted by Casey, ‘Courthouses, Markethouses and Townhalls of Leinster’, pp. 17–18.

34 London, British Library, MS 40223, Peel Papers, f. 121, John Leslie Foster to Robert Peel, 26 Febuary 1813.

35 Dublin, Irish Architectural Archive [hereafter ‘IAA’], Ace. 92/46.4-18, RIAI Murray Collection, drawings by Francis Johnston (15 in total). See also Dublin, Public Records Office of Northern Ireland, T1554, plans and elevations (mostly copies of the aforementioned Murray Collection drawings), 1805–07; and, for Spring Assizes 1810, T636/46, County Armagh Grand Jury Presentments, 1800–1810. For further analyses of this building and its early unexecuted designs, see Goslin, Bernadette, ‘A History and Descriptive Catalogue of the Murray Collection of Architectural Drawings in the Collection of the Royal Institute of the Architects of Ireland’ (master’s thesis, University College Dublin, 1990), pp. 44–47 Google Scholar; McKinstry, Robert, Oram, Richard, Weatherup, Roger and Wilson, Primrose, The Buildings of Armagh (Belfast, 1992), pp. 153–54Google Scholar; Brett, C. E. B., Buildings of County Armagh (Belfast, 1999), pp. 219–20; and Mulligan, Kevin V., The Buildings of Ireland: South Ulster, the Counties of Armagh, Cavan and Monaghan (New Haven and London, 2013), pp. 120–21.Google Scholar

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37 Stuart, James, Historical Memoirs of the City of Armagh (Newry, Co. Down, 1819), pp. 530–31.Google Scholar

38 IAA, Ace. 92/46.4–10, RIAI Murray Collection, Francis Johnston, elevations and plans for our Scheme ‘A’, February-March 1805.

39 Woolfe, John and Gandon, James, Vitruvius Britannicus, V (London, 1771), p. 8, plates 72–77Google Scholar. IAA, Ace. 92/46.11–15, RIAI Murray Collection, Francis Johnston, plans for our Scheme ‘B’, January 1807.

40 IAA, Ace. 92/46.16-17, RIAI Murray Collection, Francis Johnston, elevations and plans for our Scheme ‘C’, May 1807.

41 IAA, Ace. 92/46.18, RIAI Murray Collection, Francis Johnston, plans for our Scheme ‘D’, c. 1807

42 Francis Johnston to James Norris Brewer, 29 February 1820; in Henchy, Patrick, ‘Francis Johnston, Architect, 1760–1829’, Dublin Historical Record, 11, no. 1 (December 1949-February 1950), pp. 1–16 (pp. 12–13)Google Scholar. McParland, , ‘The public work of architects in Ireland during the neo-classical period’, 1, p. 241.Google Scholar

43 Londonderry Court House Act (Local), 1812 (52 Geo. III, c. clxxxii). Court House (Ireland) Act, 1813 (53 Geo. III, c. 131).

44 Report from the Select Committee on Grand Jury Presentments of Ireland, minutes of evidence and appendix (House of Commons papers 1814–15 (283),vi); Report from the Select Committee on Grand Jury Presentments (House of Commons papers 1816 (374), ix); Second Report from the Select Committee on Grand Jury Presentments (House of Commons papers 1816 (435), ix).

45 Journal of the House of Commons, 70 (28 April 1815), pp. 253 Google Scholar; 71 (29 April 1816), p. 317; and 72 (23 May 1817), p. 306.

46 Hansard, 36 (30 June 1817), c. 1277. For a more detailed analysis see Donoghue, Brendan O’, The Irish County Surveyors 1834–1944: A Biographical Dictionary (Dublin, 2007), pp. 6–9.Google Scholar

47 Hansard, 36 (30 June 1817), cc. 1270–75; Grand Jury Presentments (Ireland) Act, 1817 (57 Geo. III, c. 107).

48 Journal of the House of Commons, 73 (29 January 1818), p. 13; Grand Jury Presentments (Ireland) Act, 1818 (58 Geo. III, c. 2). See O’Donoghue, , The Irish County Surveyors, pp. 8–9.Google Scholar

49 Grand Jury Presentments (Ireland) Act, 1818 (58 Geo. III, c. 67).

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52 Public Works Loan (Ireland) Act, 1818 (58 Geo. III, c. 088); Employment of the Poor (Ireland) Act, 1822 (3 Geo. IV, c.34); Public Works Loans (Ireland) Act, 1822 (3 Geo. IV, c. 112).

53 Hansard, 7 (2nd series) (23 May 1822), c. 727. See Flinn, M. W, ‘The Poor Employment Act of 1817’, Economic History Review, 14, no. 1 (1961), pp. 82–92.CrossRefGoogle Scholar

54 Return Of All Sums Of Money… In Aid Of Public Works In Ireland, Since The Union (House of Commons papers, 1839 (540), xxxxiv), pp. 12–13. An Account (Since the Union) Of All Sums Of Money … For Public Works …In Ireland (House of Commons papers, 1847 (718), pp. liv), 3,18–27.

55 Ibid., pp. liv, 160–61.

56 Gash, Mr Secretary Peel, pp. 145–48; Brien, Gerard O’, ‘Robert Peel and the Pursuit of Catholic Emancipation, 1813–17’, Archivium Hibernicum, 43 (1988), pp. 135–41.CrossRefGoogle Scholar

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61 Gash, , Mr Secretary Peel, p. 210 Google Scholar; British Library, MS 40265, Peel Papers, f. 317, Resolution of the Dublin City Grand Jury, 14 May 1817.

62 A set of four drawings has survived: IAA, Acc. 96/68.5.1.1–4, Guinness Collection, Henry, Mullins & McMahon, Kilmainham Courthouse (Dublin), elevations and plans, 5 Oct. 1817. See also Brett, , Court Houses and Market Houses of the Province of Ulster, p. 88.Google Scholar

63 Something similar, although not entirely analogous,appears in the Green Street courthouse, built 1792–97 for the Dublin city grand jury; see Casey, Christine, The Buildings of Ireland: Dublin (New Haven and London, 2005), pp. 99–100.Google Scholar

64 Casey notes the only surviving pre-famine Dublin grand jury presentment books are for 1841 and 1849; see Casey, , ‘Courthouses, Markethouses and Townhalls of Leinste’, p. 15.Google Scholar

65 Nowlan, A. J., ‘Kilmainham Jail’, Dublin Historical Record, 15, no. 4 (January 1960), pp. 105–15 (p. 110).Google Scholar

66 An Account (Since the Union) Of All Sums Of Money … For Public Works …In Ireland (House of Commons papers, 1847 (718), liv), pp. 18–19.

67 Obtaining loans for purchasing land was explicitly prohibited: Public works loan (Ireland) Act 1820 (1 Geo IV c. 81), s.13.

68 Baker exhibited drawings at the Royal Hibernian Academy in 1826 listed as nos. 245, 253, 259 and 265. See also Return Of All Sums Of Money …In Aid Of Public Works In Ireland, Since the Union (House of Commons papers, 1839 (540), xxxxiv), p. 12. A plaque in the grand jury room gives the architect’s name and the date of opening — 2 October 1820. A mistake in Casey, The Buildings of Ireland: Dublin, p. 686, incorrectly gives the architect as Isaac Farrell, William Farrell’s brother (clarified in correspondence with Christine Casey). See also Harvard University, Houghton Library, RAN 1/N/4, William Farrell Album, Kilmainham Courthouse, Dublin, undated elevation (a photograph copy of which exists in the IAA).

69 Dublin, National Archives of Ireland, OPW 5HC/4/400, Office of Public Works drawings, Kilmainham Courthouse (Dublin), ground floor plans, 16 February 1920.

70 Hansard, 1 (3rd series) (9 December 1830), cc. 909-32.

71 Public Works (Ireland) Act, 1831 (1 & 2 Will. IV, c.33); see Dwyer, Frederick O’, ‘The Architecture of the Board of Works 1829–1923’ (doctoral thesis, Trinity College Dublin, 1996).Google Scholar

72 Grand Jury (Ireland) Act, 1833 (3 & 4 Will. IV, c. 78); see Meghen, , ‘The Administrative Work of the Grand Jury’, p. 261.Google Scholar

73 Civil Bill Courts (Ireland) Act, 1836 (6 & 7 Will. IV, c.75); Grand Jury (Ireland) Act, 1836 (6 & 7 Will. IV, c. 116); Public Works (Ireland) Act, 1839 (2 & 3 Vict., c. 50).

74 Cullen, , An Economic History of Ireland, pp. 105–12 and 119-22.Google Scholar

75 Hansard, 13 (3rd series) (30 May 1832), cc. 209–10; Cambridge University Library, King’s County Grand Jury Presentment Book, 1820, Thomas Bernard to Charles Grant, 15 March 1820. For a full account of this dispute, see Byrne, Michael, Legal Offaly: The County Courthouse at Tullamore and the Legal Profession in County Offaly from the 1820s to the Present Day (Tullamore, 2008).Google Scholar There were also disputes in Tipperary and Waterford; see Murphy, The Two Tipperarys.

76 King’s County Assizes Act, 1832 (2 Will. IV, c. 60).

77 IAA, Acc.92/46.1174, RIAI Murray Collection, letter from the overseers of the competition to select a design for the new courthouse at Tullamore to William Murray, 15 November 1832. Bury had earlier communicated with Robert Smirke (architect of the Gloucester courthouse) about his plans, but it appears this came to nothing; see Byrne, Legal Offaly, p. 32.

78 Goslin, , ‘A History and Descriptive Catalogue of the Murray Collection’, p. 338Google Scholar; IAA, Acc.92/46.1174–1193, RIAI Murray Collection, Tullamore Courthouse, Co. Offaly, plans, elevations, and sections, December 1832.

79 French haunched and segmental windows were used by C. R. Cockerell at around this time; see Watkin, David, The Life and Work of C. R. Cockerell (London, 1974), p. 228.Google Scholar

80 An objection from a ‘cess-payer’ to a proposed item of expenditure (a presentment) by the grand jury.

81 University of Nottingham, Manuscripts and Special Collections, My 454/1-4, Charles Brinsley Marlay Papers, Charles Bury to Catherine Bury, 17 January 1833; and My 463/1-3, Charles Brinsley Marlay Letters, Charles Bury to Catherine Bury, 3 September 1833.

82 Mordaunt Crook, J., The Greek Revival: Neo-classical Attitudes in British Architecture (London, 1995), p. 133.Google Scholar

83 IAA, Acc.97/107.3.1-4, Lismore Castle Collection, John B. Keane, Tullamore Courthouse, plans and section, 1833 (photocopy). An Account (Since the Union) Of All Sums Of Money … For Public Works…In Ireland (House of Commons papers, 1847 (718), liv), p. 3.

84 Tullamore (Co. Offaly), collection of Mr Michael Byrne, John B. Keane, Tullamore Courthouse, elevation, undated, c. 1833 (a photograph copy of which exists in the IAA).

85 Hill, Judith, The Building of Limerick (Dublin, 1991), pp. 51–52 Google Scholar; Lewis, Samuel, A Topographical Dictionary of Ireland, 2 vols (London, 1837), II, p. 272.Google Scholar

86 For crime figures, see the appendices to the annual reports of the Inspectors General of Irish Prisons (House of Commons papers); Freeman’s Journal, 8 March 1833; 2 August 1833; 17 July 1834; and 12 July 1836.

87 Hill, Henry H., ‘Diary of a tour in Cos. Waterford, Kilkenny and Tipperary, 29 Aug-6 Sep 1831’, Journal of the Cork Historical and Archaeological Society, 38 (1933), pp. 30–37 Google Scholar; see Riain-Raedel, Dagmar Ó, ‘“Rambles Throughout the South Of Ireland”: an Antiquarian’s Journey’, Journal of the Cork Historical and Archaeological Society, 113 (2008), pp. 40–52.Google Scholar

88 Shanagarry (Co. Cork), collection of the Allen family, Henry Hill, Limerick City Courthouse, plan and elevations, June 1834 (photograph copies in the IAA).

89 Ibid., Henry Hill, ‘Design for a Public Building’, undated (photograph copy in the IAA).

90 Dublin, National Archives of Ireland, CSORP 1827/1453, Henry Westenra to William Gregory, 25 July 1827.

91 Cunningham, , ‘“Compelled to their Bad Acts by Hunger”’, pp. 136–37.Google Scholar

92 Limerick Chronicle, 26 July 1843; Twenty-Third Report of the Inspectors General on … the Prisons of Ireland, (House of Commons papers, 1845 (620), xxv), pp. 69-70. The Board of Superintendence minute refers to an ‘original plan, alongside the county court-house’, likely Hill’s scheme; An Account (since the Union) of all Sums of Money …for Public Works … in Ireland, (House of Commons papers, 1847 (718), liv), pp. 40–41.

93 Craig, , The Architecture of Ireland, p. 266.Google Scholar

94 One study, omitted from this article, is of Charles Lanyon’s courthouse at Crumlin Road, Belfast, dating from the late 1840s, for which an unexecuted scheme exists, with an elevation altered in a later design (as built) in a manner very similar to Keane’s revisions at Tullamore. After the long stasis of the Famine we find courthouses at Sligo (in the 1870s) and after a fire at Roscommon (in the 1880s); an unbuilt scheme survives for the latter. For Belfast, see Brett, Court Houses and Market Houses of the Province of Ulster, p. 4. For Sligo, see Mulvin, Lynda, ‘Administering Justice in Gothic Revival Ireland: a Study of the Sligo Assizes Courthouse’, in Studies in the Gothic Revival, ed. McCarthy, Michael and O’Neill, Karina (Dublin, 2008), pp. 180–94Google Scholar; and Irish Builder, 16, no. 349 (1 July 1874), p. 189 Google Scholar. For Roscommon, see Irish Builder, 25, no. 569 (1 September 1883), pp.270 and 275.Google Scholar