December 3rd, 1745
John Toler, 1st Earl of Norbury PC, KC (3 December 1745 – 27 July 1831), known as The Lord Norbury between 1800 and 1827, was an Irish lawyer, politician and judge.
A greatly controversial figure in his time, he was nicknamed the “Hanging Judge” and was considered to be one of the most corrupt legal figures in Irish history.
Born at Beechwood, Nenagh, County Tipperary, Norbury was the youngest son of Daniel Toler, M.P., and Letitia, daughter of Thomas Otway (1665–1724), of Lissenhall, Nenagh, County Tipperary. His elder brother Daniel Toler was also a politician, serving as High Sheriff for Tipperary and also as M.P. for Tipperary. The Toler family was originally from Norfolk but settled in County Tipperary in the 17th century.
He was Chief Justice of the Irish Common Pleas between 1800 and 1827.
Legal and Political Career
Toler entered the legal profession and quickly gained recognition for his legal acumen.
He became the Solicitor-General for Ireland in 1783 and later the Attorney-General in 1789.
Judicial Appointments
In 1800, Toler was appointed as the Chief Justice of the Irish Common Pleas, a position he held until 1827.
During this time, he became known for his harsh and often controversial sentencing.
Peerage
In 1827, he was elevated to the peerage as the 1st Earl of Norbury.
Controversial Reputation
Toler earned a reputation for his eccentric behavior and his sometimes harsh and unsympathetic treatment of those who appeared before him in court.
“The Hanging Judge.”
Norbury’s tenure as Chief Justice lasted for twenty-seven years, despite the fact that, the Dictionary of National Biography opines
“his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance.”
This earned him the nickname the “Hanging Judge”. It has been said of him that he was “generally regarded as Ireland’s most notorious judge with a penchant for hanging that ran even the infamous Judge Jeffreys close.”
Irish Republican leader Robert Emmet
His most famous trial was that of Irish Republican leader Robert Emmet. Norbury interrupted and abused Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century.
Reputation Tainted
Norbury’s position eventually became untenable even to his strongest supporters, especially with the British government’s aim of establishing a better relationship with the Catholic majority. His reputation was tainted in 1822, when a letter written to him by William Saurin, the Attorney-General for Ireland, was discovered, in which Saurin urged Norbury to use his influence with the Irish Protestant gentry which made up local juries against the Catholics (Saurin was dismissed soon afterwards).
He found his greatest adversary in Daniel O’Connell, to whom Norbury was “an especial object of abhorrence”. At O’Connell’s instigation the case of Saurin’s letter was brought before the British Parliament by Henry Brougham. Norbury survived this as well as an 1825 petition drawn up by O’Connell, which called for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given.
However, it was not until George Canning became Prime Minister in 1827 that Norbury, then in his eighty-second year, was finally induced to resign. His resignation was sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King’s County, in the Peerage of Ireland. Unlike the barony of Norbury these titles were created with remainder to his second son Hector John (his eldest son Daniel was then considered mentally unsound).
Legacy
John Toler’s legacy is marked by his long and influential career in the Irish legal and political spheres. His tenure as Chief Justice was characterized by his strict interpretation of the law and the imposition of severe penalties.
John Toler, 1st Earl of Norbury, passed away on July 27, 1831. While remembered for his legal and political contributions, his legacy is also associated with controversy and criticism for his judicial style.
