A History of the King's Serjeants at Law in Ireland


Book Description

Part One includes: The king's serjeant and the legal system of the Irish medieval lordship; The king's serjeant in Tudor Ireland, 1485- 1603; The serjeants in the Stuart era, 1603- 90; From the Boyne to the Union - The serjeants in eighteenth-century Ireland; and The serjeants in post-Union Ireland. Part Two includes the succession list of the serjeants at law; and Part Three includes biographical details of the serjeants at law.







Eighteenth Century Ireland, Georgian Ireland


Book Description

The 18th century tended to be neglected by Irish historians in the 20th century. Irish achievements in the 18th century were largely those of Protestants, so Catholics tended to disregard them. Catholic historians concentrated on the grievances of the Catholics and exaggerated them. The Penal Laws against Catholics were stressed regardless of the fact that most of them affected only a small number of rich Catholics, the Catholic landowners who had sufficient wealth to raise a regiment of infantry to fight for the Catholic Stuart pretenders. The practice of the Catholic religion was not made illegal. Catholic priests could live openly and have their own chapels and mass-houses. As was the law at the time, the ordinary workers, Catholic or Protestant, had no vote, and so were ignored by the political classes. Nor had they any ambitions in the direction of taking control of the state. If they had local grievances, and in many places they had, especially with regard to rents and tithes, they dealt with them locally, and often brutally, but they were not trying to overthrow the Government. If some of them looked for a French invasion it was in the hope that the French would bring guns and powder to assist them in their local disputes. It is a peculiarity, as yet unexplained, that most of the Catholic working classes, by the end of the century, had names that reflected their ancestry as minor local chiefs. The question remains where did the descendants of the former workers, the villeins and betaghs go? The answer seems to be that in times of war and famine the members of even the smallest chiefly family stood a better chance of surviving. This would explain the long-standing grievance of the Catholic peasants that they were unjustly deprived of their land. We will perhaps never know the answer to this question. Penal Laws against religious minorities were the norm in Europe. The religion of the state was decided by the king according to the adage cuius regio eius religio (each king decides the state religion for his own kingdom). At the end of the 17th century, the Catholic landowners fought hard for the Catholic James II. But in the 18th century they lost interest and preferred to come to terms with the actually reigning monarch, and became Protestants to retain their lands and influence. Unlike in Scotland, support for the Catholic Stuarts remained minimal. Nor was there any attempt to establish in independent kingdom or republic. When such an attempt was made at the very end of the century it was led by Protestant gentlemen in imitation of their American cousins. Ireland in the 18th century was not ruled by a foreign elite like the British raj in India. It was an aristocratic society, like all the other European societies at the time. Some of these were descendants of Gaelic chiefs; some were descendants of those who had received grants of confiscated land; some were descendants of the moneylenders who had lent money to improvident Gaelic chiefs. Together these formed the ruling aristocracy who controlled Parliament and made the Irish laws, controlled the army, the judiciary and the executive. Access to this elite was open to any gentleman who was willing to take the oath of allegiance and conform to the state church, the Established Church but not the nonconformists. British kings did not occupy Ireland and impose foreign rule. Ireland had her own Government and elected Parliament. By a decree of King John in the 12th century, the Lordship of Ireland was annexed to the person of the king of England. When not present in Ireland in person, and he rarely was, his powers were exercised by a Lord Lieutenant to whom considerable executive power was given. He presided over the Irish Privy Council which drew up the legislation to be presented to the Irish Parliament. One restraint was imposed on the Irish Parliament. By Poynings’ Law it was not allowed to pass legislation that infringed on the rights of the king or his English Privy Council. The British Parliament had no interest in the internal affairs of Ireland. The Irish Council were free to devise their own legislation and they did so. The events in Irish republican fantasy are examined in detail. The was no major rebellion against alleged British rule. The vast majority of Catholics and Protestants rallied to the support of their lawful Government. The were local uprisings easily suppressed by the local militias and yeomanry. Atrocities were not all on one side. Ireland at last enjoyed a century of peace with no wasteful and destructive wars within its bounds. No longer were its crops burned, its buildings destroyed, its cattle driven off, its population reduced by fever and famine. Its trade was resumed and gradually wealth accumulated and was no longer dispersed on local wars. Gentlemen, as in England, could afford to build great country and town houses. The arts flourished as never before. Skilled masons could build great houses. Stone cutters could carve sculptures. The most delicate mouldings could be applied to ceilings. The theatre flourished. While some gentlemen led the life of wastrels, others devoted themselves to the promotion of agriculture and industry. Everywhere mines were dug to exploit minerals. Ireland had not the same richness of minerals as England, but every effort was made to find and exploit them. Roads were improved, canals dug, rivers deepened, and ports developed. Market towns spread all over Ireland which provided local farmers with outlets for their produce and increased the wealth of the landlords. This wealth was however very unevenly spread. The population was ever increasing and the poor remained miserably poor. In a bad year, hundreds of thousands of the very poor could perish through cold and famine. But the numbers of the very poor kept on growing. Only among the Presbyterians in Ulster was there emigration on any scale. Even before the American Revolution they found a great freedom and greater opportunities in the American colonies. Catholics, were born, lived and died in the same parish. Altogether it was a century of great achievement.




Historical Dictionary of Ireland


Book Description

All places undergo change, but in few has this change been quite as sweeping as Ireland – both the independent Republic of Ireland and dependent Northern Ireland – so it is good to see where it is heading at present. Obviously, that has to be judged on the background of where it is coming from, not only over the past decade or so but over centuries and, indeed, millennia. This new edition of Historical Dictionary of Ireland is an excellent resource for discovering the history of Ireland. This is done through a chronology, an introductory essay, and an extensive bibliography. The cross-referenced dictionary section has over 600 entries on significant persons, places and events, political parties and institutions (including the Catholic church) with period forays into literature, music and the arts. This book is an excellent resource for students, researchers, and anyone wanting to know more about Ireland.




The Laws and Other Legalities of Ireland, 1689-1850


Book Description

While Irish historical writing has long been in thrall to the perceived sectarian character of the legal system, this collection is the first to concentrate attention on the actual relationship that existed between the Irish population and the state under which they lived from the War of the Two Kings (1689-1691) to the Great Famine (1845-1849). Particular attention is paid to an understanding of the legal character of the state and the reach of the rule of law, with contributors addressing such themes as: how law was made and put into effect; how ordinary people experienced the law and social regulations; how Catholics related to the legal institutions of the Protestant confessional state; and how popular notions of legitimacy were developed. These themes contribute to a wider understanding of the nature of the state in the long eighteenth century and will therefore help to situate the study of Irish society into the mainstream of English and European social history.




The Irish parliament, 1613–89


Book Description

The Irish parliament was both the scene of frequent political battles and an important administrative and legal element of the state machinery of early modern Ireland. This institutional study looks at how parliament dispatched its business on a day-to-day basis. It takes in major areas of responsibility such as creating law, delivering justice, conversing with the executive and administering parliamentary privilege. Its ultimate aim is to present the Irish parliament as one of many such representative assemblies emerging from the feudal state and into the modern world, with a changing set of responsibilities that would inevitably transform the institution and how it saw both itself and the other political assemblies of the day.







Notes and Queries


Book Description







Ireland 1603-1702, Society and History


Book Description

This book deals with Irish society and history at a turning point. At the beginning of the sixteenth century, Irish society was just had it always had been from time immemorial. It was not a state but a collection of warring states. Even that statement is not quite accurate for there were warring statelets within the warring states. The attempts by the kings of England from the twelfth century onwards to impose law and order had been little more successful than the attempts of various Irish chiefs before them to establish a single kingdom in Ireland. Yet the endeavours of the English kings were not without some improvements. They managed, chiefly in the eastern half of the island, to bring in improvements. By the end of the 16th century a Government had been established with a system of central administration based on Dublin and local government and administration based on shires or counties under sheriffs. Ireland might have developed into a centrally-managed state with regular parliaments and systems of courts, as the old ways were abandoned and forgotten. Unfortunaately, a civil war broke out in England which became mirrored in Ireland. In Ireland, in addition, the civil disputes between the king and the English Parliament were complicated by religious disputes. Ireland became polarized on sectarian lines. Though a peace of sorts was established after the restoration of the monarchy in 1660, the sectarian struggle broke out again, at the end of the century. Both sides sought the help of foreign armies, and the Protestant armies proved victorious. The Catholics paid the inevitable penalty. This might have been confined to the history books, if the Catholics, largely financed from the United States, in the 19th century tried to recover their dominance through political and violent means.