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Irish judge
Gender:
Male
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Birth:
1621
Death:
1679
Education:
Trinity College
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Biography

Introduction

Sir John Povey (1621–1679) was an English-born judge who had a highly successfulcareer in Ireland, holding office asBaron of the Court of Exchequer (Ireland) and subsequently as. Lord Chief Justice of Ireland duringthe years 1673–9.

Background

He was born at Woodseaves, near Market Drayton, Shropshire, eldest son of John Povey. Thomas Povey, the friend of Samuel Pepys and John Evelyn, who featuresoften in Pepys' Diary, was hiscousin. He was educated at Trinity College, Oxford, and matriculated in 1636. He entered Gray's Inn in 1638 and was called to the Bar in 1645.

Market Drayton, Shropshire, Povey's birthplace, modern day

Career

He isfirst heard of in Ireland in 1658,when he was acting aslegal advisor to Sir John Barrington, 3rd Baronet,a politician and landowner who,although he was acousin ofOliver Cromwell, had refused to sit as one of the judgesat the trial of Charles I. Povey went on the Munster circuit, did well at theIrish Bar,and brought his familyto live in Ireland. He lived at Nicholas St. in Dublin, and later bought Powerstown House, Mulhuddart, outside Dublincity.

After the Restoration of Charles II, Povey continued to prosper:James Butler, 1st Duke of Ormonde, the Lord Lieutenant of Irelandthought well of him, while his cousin Thomas was now Treasurer to the future Catholic KingJames II. He sat in the Irish House of Commons as member for Swords and was a Commissioner of Revenue Appeals. He was appointed third Baron of the Exchequer in 1663. One of his more notable judgmentswas to allow the indictment of several persons foraiding and abetting murder during the Irish Rebellion of 1641.

In 1673 the office of Lord Chief Justice fell vacant. The most highly qualified candidates, although both had serious health problems, were Povey and Sir Robert Booth. Arthur Capell, 1st Earl of Essex, the Lord Lieutenant of Ireland, supportedBooth, but Charles II, who favoured toleration of Roman Catholics so far as possible, rejected him asbeing too strong a Protestant. Povey, with his connection to the future James II's household, was an acceptable compromise. He was knighted, and given the Freedom of the City of Dublin. He earned praise for his service as Chief Justice, and it was suggested that he bemight betransferred to the English Bench in 1675; but soon after his wife's death in 1677 his healthbegan to fail. He went to France in hope of a cure, but died at Bordeaux early in 1679. His body was brought back to Ireland, and he wasburied in St. Michan's Church, Dublin

Family

In 1648 he married Elizabeth Folliott, eldest daughter of Guthlake (or Guthlac) Folliott of Martin Hussingtree,Worcester, and his wife Elizabeth, and sister of Isabella FolliottTomkins, to whom her father-in-law, theWelsh composer Thomas Tomkins,dedicatedhis work Gaillard- the Lady Folliott's.

They had four children:

  • John Povey (c.1649–1715) M.P.
  • Charles, who has been tentatively identified as the writer and entrepreneur Charles Povey (c.1651–1743)
  • Richard
  • Mary, who married Dr. William Smyth (1638-1699),Bishop of Raphoe, and later Bishop of Kilmore. Their descendants were the well knownlandowning family of BarbavillaManor, County Westmeath.