Seán Patrick Donlan - The Laws and Other Legalities of Ireland, 1689-1850

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THE LAWS AND OTHER LEGALITIES OF IRELAND, 16891850

The Laws and Other Legalities of Ireland, 16891850

Edited by
MICHAEL BROWN
University of Aberdeen, UK
and
SEN PATRICK DONLAN
University of Limerick, Ireland

First published 2011 by Ashgate Publishing

Published 2016 by Routledge
2 Park Squre, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Michael Brown and Sen Patrick Donlan 2011

Michael Brown and Sen Patrick Donlan have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

The laws and other legalities of Ireland, 1689-1850.

1. Law--Ireland--History. 2. Law--Political aspects--Ireland--History. 3. Law--Social aspects--Ireland--History.

I. Brown, Michael. II. Donlan, Sen Patrick.

349.4'15-dc22

Library of Congress Cataloging-in-Publication Data

The laws and other legalities of Ireland, 1689-1850 / edited by Michael Brown and Sen Patrick Donlan.

p. cm.

Includes index.

ISBN 978-1-4094-0131-5 (hardcover)

1. Law--Ireland--History. I. Brown, Michael, 1972- II. Donlan, Sen Patrick.

KDK156.L39 2011

349.415--dc22

2011013781

ISBN 9781409401315 (hbk)

Contents

Michael Brown and Sen Patrick Donlan

T.C. Barnard

James Kelly

W.N. Osborough

Neal Garnham

Namh Howlin

Richard Mc Mahon

Lisa Marie Griffith

Jacqueline Hill

Eoin Magennis

Martyn J. Powell

Sen Patrick Donlan

Patrick M. Geoghegan

Michael Brown

Lesa N Mhunghaile

Kevin Costello

List of Figures

List of Tables

Notes on Contributors

T.C. Barnard has published numerous books and articles on Ireland and England between 1641 and 1782, the most recent of which is Improving Ireland? Projectors, Prophets and Profiteers, 16411786 (2008). The results of his researches while holding a Leverhulme senior research fellowship into the cultures of print in Ireland in the seventeenth- and eighteenth-century Ireland will soon appear. He is a fellow the British Academy and an honorary member of the Royal Irish Academy.

Michael Brown is a Senior Lecturer in History at the University of Aberdeen, and acting director of the Research Institute of Irish and Scottish Studies. A past general editor of Eighteenth-Century Ireland, he is the author of Francis Hutcheson in Dublin (2002). A co-editor of The Irish Act of Union, 1800 Bicentennial Essays (2003) and Converts and Conversion in Ireland (2005), he is completing a study of the Irish Enlightenment.

Kevin Costello is a Lecturer in the School of Law, University College Dublin. His work in the field of legal history has been published in the Journal of Legal History and the American Journal of Legal History. His study, The Court of Admiralty of Ireland 1575 to 1893, appears in 2011.

Sen Patrick Donlan is a Lecturer in Law at the University of Limerick. In addition to publishing work on law and history, he has edited Edmund Burkes Irish Identities (2006) and a reprint of F.S. Sullivans Lectures on the Constitution and Laws of England (2004 [1776]). A member of the executive of the European Society for Comparative Legal History and the Irish Legal History Society, he is currently researching the historical and comparative mixtures and movements of law.

Neal Garnham is a Senior Lecturer in History at the University of Ulster. He has published articles on the histories of sports, crime and the law in Ireland from the seventeenth to the twentieth centuries. He is the author of The Courts, Crime and the Criminal Law in Ireland, 16921760 (1996) and Association Football and Society in Pre-Partition Ireland (2004).

Patrick M. Geoghegan is Associate Dean of Research at Trinity College Dublin. He is the author of books on the Irish Act of Union, Robert Emmet and Daniel OConnell and is the presenter of Talking History on Newstalk 106108.

Lisa Marie Griffith completed her PhD in 2008 at Trinity College Dublin. Her thesis is entitled Social Mobility and the Middling Sort: Dublin Merchants 17601800, which was funded by the Irish Research Council for the Humanities and Social Sciences. She is a co-editor of the history blog Pues Occurrences and lectures in Irish and European history at Carlow College.

Jacqueline Hill is Associate Professor of history at NUI Maynooth. Her main research interests are eighteenth- and nineteenth-century Irish history, with particular reference to the history of political thought and the history of Dublin. She is the author of From Patriots to Unionists: Dublin Civic Politics and Irish Protestant Patriotism, 16601840 (1997). She is currently researching the political career of an Irish loyalist, John Giffard of Dublin (17461819).

Namh Howlin is a Lecturer in the School of Law, Queens University Belfast. Her research interests lie primarily in the area of jury trials, criminal procedure and the law of evidence. Her 2007 PhD, funded by the IRCHSS, examined the composition and operation of nineteenth-century Irish trial juries. Her recent publications on Irish juries appear in the Journal of Legal History (2009) and the Law and History Review (forthcoming, 2011).

James Kelly, MRIA, is Cregan Professor of History at St Patricks College, Drumcondra. His recent books include Sir Edward Newenham, MP (17341814): Defender of the Protestant Constitution (2004); The Liberty and Ormond Boys: Factional Riot in Eighteenth-Century Dublin (2005); Poynings Law and the Making of Law in Ireland (2007) and Sir Richard Musgrave, 17461818: Ultra-Protestant Ideologue (2009). His edition of The Proceedings of the Irish House of Lords, 17711800 (3 vols) was published by the Irish Manuscripts Commission in 2008.

Eoin Magennis is Policy Research Manager with InterTradeIreland, one of the North/South bodies, and Research Associate with the OECD. His research interests centre on the politics of economic development and crowd protest in eighteenth-century Ireland, a subject on which he has published various articles. General Editor of the journal

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