Barry Yelverton, 1st Viscount Avonmore

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Barry Yelverton, 1st Viscount Avonmore,

Act of Union 1800, which Yelverton supported. By doing so, he gravely harmed his reputation for integrity, which had already been damaged by his leading role in the conviction and execution for treason of the United Irishman William Orr, which is now seen as a major miscarriage of justice
.

Early life

Born at Newmarket, County Cork,[1][2] he was the eldest son of Francis Yelverton of Kanturk, County Cork, and Elizabeth Barry, daughter of Jonas Barry of Kilbrin (now Ballyclogh, County Cork).[3] His father died when Barry was only ten; his mother reached a great age, dying only a year before her son. He went to school in Charleville[3] and Midleton College, and attended Trinity College Dublin, where he took a degree of Bachelor of Arts in 1757 and of Bachelor of Laws in 1761.[1] His family lacked wealth and social position[4] and he was for some years an assistant master under Andrew Buck in the Hibernian Academy. This menial occupation was later a source of great embarrassment to him, as his enemies loved to ridicule him as "Buck's usher".[5]

In 1761, he married Mary Nugent (died 1802), daughter of William Nugent of Clonlost,

Irish Bar,[5] entering the Middle Temple
.

He was

took silk
eight years afterwards.

M.P.

He was elected to the Irish House of Commons as member for Donegal Borough from 1774 to 1776. In the latter year, Yelverton was elected for both Belfast and Carrickfergus. [6] He chose to sit for the latter constituency and represented Carrickfergus until 1784. Although few examples of his oratory survive, all contemporaries agree on his eloquence, which gave him a dominant position in the Commons. He also served as Recorder of Carrickfergus from 1778 until his death. This was not a Crown appointment: the Recorder was elected by a vote of the entire town corporation.

Judicial career

He became

courts of common law[7]
from three to four, on the practical ground that four-judge courts often divide evenly and thus cannot reach an effective decision. Despite this common-sense view, the new judges were eventually appointed.

William Orr

Main article: William Orr (United Irishman)

In 1797 he attained a degree of infamy for presiding over what was widely regarded as a "show trial" which led to the execution of the

perjured himself, but despite a superb defence by John Philpot Curran
, Orr was found guilty and hanged. Yelverton may have formed an early impression of Orr's guilt and acted on it - even his admirers admitted that as a judge he lacked impartiality.

Peter Finnerty, a journalist, was later convicted of seditious libel for publishing an attack on Yelverton over his conduct of Orr's trial: this did nothing to enhance the judge's reputation.

Death

Fortfield House, Terenure

He died in 1805 at his mansion, Fortfield House, Terenure, County Dublin, which he had built at great expense around 1785.[8]

Personality

To his colleagues at the Irish bar, Yelverton was a popular and charming companion:[5] even John Philpot Curran, despite their frequent courtroom clashes, seems to have liked Yelverton personally. Curran and Yelverton were co-founders of the popular drinking club called The Monks of the Screw. Being a man of insignificant physical appearance, he owed his early successes to his remarkable eloquence, which made a great impression on his contemporaries; as a judge, he was inclined to take the view of the advocate rather than that of the impartial lawyer.[5] Ball considered him one of the most learned judges of his time.[4] While Edward Cooke called him "a brute", this simply reflects Cooke's low opinion of all the Irish judges of his time.[9] Sir Jonah Barrington wrote that for all Yelverton's faults, and his lack of any real moral code, it was impossible not to like and respect him.

Politician

He gave his support to Henry Grattan and the Whigs during the greater part of his parliamentary career.[5] He was a strong supporter of the demand for an independent Irish Parliament, but later changed his stance.

Yelverton's Act

He played a crucial role in the reforms which are collectively called the Irish

Privy Council
for approval. Under Yelverton's Act, the role of the Irish Privy Council was abolished and legislation was commenced in the normal way in the Irish Parliament, which for the last 17 years of its existence enjoyed a wide measure of independence.

Act of Union

In his latter days, he became identified with the court party and voted for the

viscounty was a reward.[8]
For this he was never forgiven by many of his former friends. Sir Jonah Barrington, who continued to regard Yelverton with affection and respect, regretted that this action should have destroyed his reputation forever; but he argued that such a mistake of judgment was understandable in a man who lacked worldly wisdom, and despite his many good qualities, did not have a strong moral sense.

He became a member of the Royal Irish Academy in 1787.

Family

He had three sons and one daughter, and the title descended in the family.

Children of Barry Yelverton and Mary Nugent:

  • Hon.
    William Charles Yelverton, 2nd Viscount Avonmore
    (5 April 1762 – 28 November 1814)
  • Hon. Barry Yelverton (22 November 1763 – June 1824)[11]
  • Hon. Walter Aglionby Yelverton (26 January 1772 – 3 June 1824), married 1791, Cecilia Yelverton
  • Hon. Anna Maria Yelverton (28 September 1775 – 27 April 1865), married 1791, John Bingham, 1st Baron Clanmorris of Newbrook

References

Notes

  1. ^ a b Webb 1878.
  2. ^ O'Brien 2009.
  3. ^ a b Ball 1926, p. 219.
  4. ^ a b Ball 1926, p. 166.
  5. ^ a b c d e  One or more of the preceding sentences incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Avonmore, Barry Yelverton, 1st Viscount". Encyclopædia Britannica. Vol. 3 (11th ed.). Cambridge University Press. p. 67.
  6. ^ Chisholm 1911.
  7. ^ Ball 1926, p. 167.
  8. ^ a b Falkiner 1900.
  9. ^ Ball 1926, p. 169.
  10. ^ Ball 1926, p. 220.
  11. ^ "Barry Yelverton, 1st Viscount Avonmore". the peerage.com. 9 February 2011. Retrieved 1 January 2012.

Sources

Parliament of Ireland
Preceded by Member of Parliament for Donegal Borough
1774–1776
With: Richard Gore 1774–1776
James Cuffe 1776 		Succeeded by
Preceded by
George Hamilton
 Member of Parliament for Belfast
1776–1777
With: Hon. Henry Skeffington 		Succeeded by
Preceded by Member of Parliament for Carrickfergus
1776–1784
With: Conway Richard Dobbs 		Succeeded by
Legal offices
Preceded by Attorney-General for Ireland
1782–1783 		Succeeded by
Preceded by
Lord Chief Baron of the Exchequer for Ireland

1783–1805 		Succeeded by
Peerage of Ireland
New creation Viscount Avonmore
1800–1805 		Succeeded by
William Yelverton
Baron Yelverton

1795–1805
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