90 James Ley, Earl of Marlborough. 
family of William of hint a former Chief Justice of the 
Common Pleas. 
In 1605, two years after he had become a serjeant, Sir James 
vacated his seat for Westbury on his being appointed Lord Chief 
Justice of the King’s Bench in Ireland. Lord Campbell says that 
this was nothing better than the office of Chief Justice of Jamaica 
would be at the present time, but in saying this he takes no account 
of the exceptional circumstances under which Sir James Ley was 
sent to Ireland. King James had determined to civilize Ireland by 
the introduction of English law. Hitherto the laws of England . 
had no force beyond the English pale. Beyond this, ancient custom 
took the place of law, and amongst the ancient customs were many 
which prevented the progress of the nation. There was one especially 
which destroyed all fixity of tenure. The land of a Sept was held 
to be the common property of its members, and was allotted to 
each by its chieftain, and whenever one died the land was thrown 
into common again and a fresh allotment made. No one, therefore, 
was interested in improving land which any day might pass to 
another member of the Sept. The introduction of a law of in- 
heritance would give plenty of employment to law courts, which 
would have to decide between rival claims. Vast estates in Ulster 
had been confiscated after the rebellion of Desmond, Earl of Tyrone, 
and although Royal grants were freely made, some other claims 
arose, especially respecting lands which had formerly belonged to 
the Church. Naturally, therefore, would King James look out not only 
for a sound lawyer, but for a man whose high principle would enforce 
respect for his decisions ; and such a man was found in Sir James Ley. 
The King seems to have been very desirous that the Lord Chief 
Justice of Ireland should be a man of the highest character, for on 
his going over he charged him “ not to build an estate on the ruins 
of a miserable nation; but by the impartial execution of justice, 
not to enrich himself, but to civilize the people.” Sir James Ley 
might have found ample opportunity of founding an estate for 
himself, as most other English emigrants did at this time, but he 
faithfully kept the King’s charge, which was endorsed by his own 
conscience. 
