The Clerk of the Crown and Hanaper was a civil servant within the Irish Chancery in the Dublin Castle administration. His duties corresponded to the offices of Clerk of the Crown and Clerk of the Hanaper in the English Chancery. [1] Latterly, the office's most important functions were to issue writs of election to the Westminster Parliament, both for the House of Commons and for Irish representative peer in the House of Lords.
In 1859 commissioners investigating the Irish Chancery described the duties of the office thus: [2]
The office of the Clerk of the Crown and Hanaper in Chancery is regulated by the Act of 6 and 7 Wm. IV., cap. 74, which provides that the office shall consist of the Clerk of the Crown and Hanaper, and two clerks to be appointed by him.
The duties of the office are threefold:—first, those connected with the petty-bag or law side of the Court; secondly, preparing and issuing certain writs specified in the schedule to the Act of 4 Geo. IV., cap. 61; and thirdly, swearing gentlemen into office before the Lord Chancellor.
The business of the petty-bag or law side of the Court is confined to proceedings to enforce the performance of a recognizance entered into in the Court, and to proceedings in cases of debt against officers of the Court, there being an antiquated privilege appertaining to officers of the Court of Chancery, that they are not amenable in cases of debt to the ordinary tribunals of the country, but must be sued in their own Court.
Prior to the acts, enumerated thus in 1817 by commissioners into legal costs: [3]
Until 1836, the Clerk was appointed by letters patent, and could himself appoint a deputy. [4] There were no statutory qualifications required for the post. [5]
In 1868 the Public Record Office of Ireland catalogued the older records it archived from the Hanaper office thus: [6]
A mandate from Edward IV enumerates "that the Clerc of the Hanapier continuelly receive the fees of the sele of writts, comisssions, and patents, and also all suche fynes as shall be made in the Chaunsery, and thereupon pay the Chaunsellor his fees, wages and rewardes accustomed, and deliver the remnant unto the Kyng's Ex[checquer]. upon his accomptes, which he shall make yerly therof". [7] It also mandates the clerk to appoint deputies in the King's Bench and Common Pleas to collect the fees and fines from those courts. [7]
James Roderick O'Flanagan states: [8]
The offices of Clerk of the Hanaper and Clerk of the Crown in Chancery were originally separate but came to be held by the same person in the seventeenth century and were later formally merged. [9] From 1888 the holder was ex officio secretary to the Lord Chancellor of Ireland. [9]
In the early centuries, the Clerk was often a qualified lawyer. He might reasonably hope for promotion to the office of Attorney-General for Ireland, or to the Bench. At least five Clerks in the fourteenth and fifteenth centuries achieved judicial office, or the Attorney-Generalship. The office was an onerous one: in 1427 Stephen Roche, later Attorney-General, petitioned the Privy Council complaining of the great labours he had endured in the King's business, without reward "to his great impoverishment". The Council granted his petition and awarded him 10 marks.
In 1789, the Attorney-General for Ireland told the Irish House of Commons that it had "been a matter of necessity to purchase home the office of Clerk of the Crown and Hanaper to the court of Chancery; the person who had held that employment had been for twenty years an absentee, during which time the business had been done in such an irregular and slovenly manner, that a reform was indispensable". [10] The 1817 commissioners noted disapprovingly that the appointed Clerk was paid £1800 annually by a deputy who in return kept all the fees chargeable by the office. [3] They recommended that the Clerk should be paid a fixed salary and required to execute the office in person rather than by deputy; [3] this was mandated by the Court of Chancery (Ireland) Acts of 1823 and 1836. [11] The 1836 act formally abolished the existing patented office (compensating the holder) and established a replacement office on a statutory basis so that it could be subject to regulation. [4] The 1859 commissioners recommended that the office be abolished, its few functions transferred elsewhere in Chancery, and the prolix form of its documents be simplified to reduce the cost of scriveners. [2]
The last Clerk of the Crown and Hanaper was Gerald Horan, K.C. (1880–1949), [12] who issued the writs for the June 1921 Stormont election [13] and June 1922 Free State provisional parliament election, [14] and a royal charter in September 1922 to the Law Society of Northern Ireland. [15] His office was one of the parts of the Dublin Castle administration which had not been transferred to the Provisional Government by 27 September 1922. [16] [17]
In the Irish Free State, the offices of Chancery and Hanaper were presumed not to have survived the coming into force of the Free State Constitution on 6 December 1922. [1] Writs for the 1923 Free State election were issued by the clerk of the Dáil. [18] [19] The office's residual statutory election functions were formally transferred to the Department of Local Government and Public Health when that was established under the Ministers and Secretaries Act 1924. [20] The office was implicitly abolished by the Court Officers Act 1926. [9] [21]
In Northern Ireland, The Speaker of the House of Commons of Northern Ireland in March 1923 refused to allow the moving of a by-election writ because there was no official appointed to do so. [22] An order in council of 12 August 1924 transferred the Clerk of the Crown and Hanaper's election functions in Northern Ireland to the Clerk of the Crown for Northern Ireland. [23]
In the United Kingdom, representative peers were those peers elected by the members of the Peerage of Scotland and the Peerage of Ireland to sit in the British House of Lords. Until 1999, all members of the Peerage of England held the right to sit in the House of Lords; they did not elect a limited group of representatives. All peers who were created after 1707 as Peers of Great Britain and after 1801 as Peers of the United Kingdom held the same right to sit in the House of Lords.
The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.
Hanaper, properly a case or basket to contain a "hanap", a drinking vessel, a goblet with a foot or stem; the term which is still used by antiquaries for medieval stemmed cups. The famous Royal Gold Cup in the British Museum is called a "hanap" in the inventory of Charles VI of France of 1391.
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the Clerk of the Crown and Hanaper (Gerald Horan, Esq., K.C.) delivered to the said Arthur Irwin Dasent, Esq., a book containing a list of the names of the Members returned to serve in this Parliament
In compliance with Standing Order No. 3 of the Standing Orders of Dáil Eireann, I have to report that on the 9th August, 1923, immediately upon the issue of the Proclamation of that date summoning the Oireachtas to meet at Dublin on the 19th September, 1923, I issued my writs, pursuant to the relative provisions of the Electoral Act, 1923, to the following Returning Officers for the Constituencies named hereunder
I think I could hardly accept such a motion now, for the very good reason that, so far as I know, there is nobody to whom I could issue my warrant for the writ. From inquiries I have made, and information I have received, I am given to understand that there is no person at present in the North of Ireland representing the Clerk of the Crown and Hanaper, to whom my warrant would be issued, and therefore until such a person is appointed—no doubt it will be very soon—I do not see that I could accept a motion to issue my warrant when there is nobody of whom I have official cognizance to whom to issue it.
Appointment of William Fitzwilliam to the office of Clerk of the Hanaper of Chancery, during pleasure, vice Nicholas Wycombe. —Aug. 26, 24°.
Grant to Nicholas Stanyhurst and Thomas Alen; of the office of clerk or keeper of the hanaper, held by William Fitzwilliam. To hold to them and the longer liver, with such fees as Nicholas Wycombe or Richard Nangle had.—11 August, xxvii.
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ignored (help)What clinched matters was his father's appointment in 1815 as clerk of the hanaper, the Irish sinecure he had requested, worth £1,800 a year.