In October 1641, violence erupted in mid-Ulster that spread throughout the whole kingdom and lasted for more than a decade. The war was neither unpredictable nor was it out of step with the rest of the Stuart kingdoms, or indeed Europe generally. As with all wars, particularly the multi-national and multi-denominational, the Irish wars of the 1640s and 1650s had many complex and interrelated causes. Law, the legal system and the legal community played a vital role in the origins and the development of the conflict in Ireland that took it from a dependent kingdom to becoming part of a republican commonwealth. Lawyers also played a fundamental part in the return of the legal and political "normality" in the 1660s. This collection of essays considers how the law was part of this process and to what extent it was shaped by the revolutionary developments of the period. These essays arise from a conference held in 2014 in the House of Lords at the Bank of Ireland, Dublin, under the auspices of the Irish Legal History Society.
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.
This groundbreaking book provides the first comprehensive study of the remaking of Ireland's aristocracy during the seventeenth century. It is a study of the Irish peerage and its role in the establishment of English control over Ireland. Jane Ohlmeyer's research in the archives of the era yields a major new understanding of early Irish and British elite, and it offers fresh perspectives on the experiences of the Irish, English, and Scottish lords in wider British and continental contexts. The book examines the resident peerage as an aggregate of 91 families, not simply 311 individuals, and demonstrates how a reconstituted peerage of mixed faith and ethnicity assimilated the established Catholic aristocracy. Tracking the impact of colonization, civil war, and other significant factors on the fortunes of the peerage in Ireland, Ohlmeyer arrives at a fresh assessment of the key accomplishment of the new Irish elite: making Ireland English.
First performed in Dublin on St. Patrick's Day 1640, Henry Burnell's Landgartha was the last play produced before political unrest forced the closure of Dublin's only theatre. Staged the night before the Irish Parliament debated the introduction of laws against bigamy, the play weaves a complex tale of love and marriage. Norwegian Amazon Landgartha persuades the Swedish King to help overturn the Danish occupation of her homeland. As peace ensues, Landgartha reluctantly agrees to break the Amazon code and marry him, but Sweden proves unfaithful. The allegory is compelling: the strife between Norway, Sweden, and Denmark represents the brewing between Ireland, England, and Scotland. A robust Old English response to dominant colonial representations of Ireland, Burnell's Landgartha is a compelling fusion of English tragicomedy with Irish storytelling. (Series: Literature of Early Modern Ireland)
Historiography has highlighted Ireland's sixteenth-century rebellions and ignored its revolution. The transformation of the island's political personality in the course of the middle Tudor period must be the last remarked-upon change in its whole history. Yet it might be claimed to be the most remarkable. It provided Ireland with its first sovereign constitution, gave it for the first time an ideology of nationalism, and proposed a practical political objective which has inspired and eluded a host of political movements ever since: the unification of the island's pluralistic community into a coherent political entity. The reason for the neglect lies partly in another remarkable feature of the revolution itself, the circumstances of its accomplishment. it was engineered by Anglo-Irish politicians, in collaboration with an English head of government in Ireland, and by constitutional means, in particular by parliamentary statute.
Ireland was England's oldest colony. Making Empire revisits the history of empire in Ireland—in a time of Brexit, 'the culture wars', and the campaigns around 'Black Lives Matter' and 'Statues must fall'—to better understand how it has formed the present, and how it might shape the future. Empire and imperial frameworks, policies, practices, and cultures have shaped the history of the world for the last two millennia. It is nation states that are the blip on the historical horizon. Making Empire re-examines empire as process—and Ireland's role in it—through the lens of early modernity. It covers the two hundred years, between the mid-sixteenth century and the mid-eighteenth century, that equate roughly to the timespan of the First English Empire (c.1550-c.1770s). Ireland was England's oldest colony. How then did the English empire actually function in early modern Ireland and how did this change over time? What did access to European empires mean for people living in Ireland? This book answers these questions by interrogating four interconnected themes. First, that Ireland formed an integral part of the English imperial system, Second, that the Irish operated as agents of empire(s). Third, Ireland served as laboratory in and for the English empire. Finally, it examines the impact that empire(s) had on people living in early modern Ireland. Even though the book's focus will be on Ireland and the English empire, the Irish were trans-imperial and engaged with all of the early modern imperial powers. It is therefore critical, where possible and appropriate, to look to other European and global empires for meaningful comparisons and connections in this era of expansionism. What becomes clear is that colonisation was not a single occurrence but an iterative and durable process that impacted different parts of Ireland at different times and in different ways. That imperialism was about the exercise of power, violence, coercion and expropriation. Strategies about how best to turn conquest into profit, to mobilise and control Ireland's natural resources, especially land and labour, varied but the reality of everyday life did not change and provoked a wide variety of responses ranging from acceptance and assimilation to resistance. This book, based on the 2021 James Ford Lectures, Oxford University, suggests that the moment has come revisit the history of empire, if only to better understand how it has formed the present, and how this might shape the future.
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
Censorship profoundly affected early modern writing. Censorship and Conflict in Seventeenth-Century England offers a detailed picture of early modern censorship and investigates the pressures that censorship exerted on seventeenth-century authors, printers, and publishers. In the 1600s, Britain witnessed a civil war, the judicial execution of a king, the restoration of his son, and an unremitting struggle among crown, parliament, and people for sovereignty and the right to define “liberty and property.” This battle, sometimes subtle, sometimes bloody, entailed a struggle for the control of language and representation. Robertson offers a richly detailed study of this “censorship contest” and of the craft that writers employed to outflank the licensers. He argues that for most parties, victory, not diplomacy or consensus, was the ultimate goal. This book differs from most recent works in analyzing both the mechanics of early modern censorship and the poetics that the licensing system produced—the forms and pressures of self-censorship. Among the issues that Robertson addresses in this book are the workings of the licensing machinery, the designs of art and obliquity under a regime of censorship, and the involutions of authorship attendant on anonymity.
