90 



dames Ley, Earl of MarLoorouya. 



family of William of Westbury, 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 J ames 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. 



