Sir Brian O'Neill, 2nd Baronet
Sir Brian O'Neill, 2nd Baronet (died 1694) was an Irish landowner, barrister and judge. He was one of the Roman Catholic judges appointed by James II of England in his efforts to "Romanise" the Irish administration. As such he and his fellow Catholic judges have been treated harshly by historians. However William of Orange, after he overthrew his father-in-law James II, also made use of his services for a time.[1]
Family
His branch of the O'Neill dynasty seems to have belonged to its Clanaboye line, but little is recorded of them prior to the English Civil War. Brian's father, also named Brian, fought at the Battle of Edgehill in 1642 and the following year was created a baronet for the courage and loyalty he displayed there.[2] There is conflicting information about his mother, who has been variously described as Jane Finch, a cousin of Heneage Finch, 1st Earl of Nottingham, or as Sarah Savage of Portaferry.[3] The main family estate was at Upper Clandeboye in County Down, and they also held lands at Backweston near Celbridge, County Kildare.
Early career
He entered Gray's Inn in 1664, and the King's Inn in 1674.[4] He succeeded to the baronetcy in 1670. He married Mary Plunkett, sister of Christopher Plunkett, 10th Baron of Dunsany;[5] her mother Catherine MacDonnell was a sister of the Marquess of Antrim,[6] who had been something of a favourite of Charles I of England and Henrietta Maria. His wife's connections may be one of the reasons why he escaped serious censure after the downfall of James II.
Judge
From 1687 a determined effort was mae by the English Crown to replace Protestant judges with Catholics, and O'Neill was apparently chosen to be a judge largely for his religion: Ball noted that he had only about fifteen years practice at the Bar.[7] He became a justice of assize in Ulster in 1687 and the following year was appointed justice of the Court of King's Bench (Ireland). He served for barely a year before the Glorious Revolution; but no action seems to have been taken against him and he is found acting as a judge of assize in 1689 and 1690.[8] He died probably in 1694[9] (Ball gives the date 1697) and was buried in his wife's family vault at Dunsany. His eldest son Henry succeeded as 3rd Baronet.
Reputation
All James II's Catholic judges were subjected to much criticism during and especially after their brief careers on the Bench, being accused of a lack of legal knowledge and integrity.[10] In particular the Jacobite writer Thomas Sheridan described them all as creatures of the Lord Deputy of Ireland, Richard Talbot, 1st Earl of Tyrconnell: "poor, indigent and scandalously ignorant of the law".[11] In judging this assessment, allowance must be made for Sheridan's deep hatred of his former employer Tyrconnell; and Ball notes that most of these men, including O'Neill, survived the Revolution with their reputations and estates largely intact.[12]