The Irish courts of law, 1801–1914

1957 ◽  
Vol 10 (40) ◽  
pp. 363-391
Author(s):  
R.B. McDowell
Keyword(s):  
Nineteenth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
Thirteenth Century ◽  
Common Law ◽  
The Other ◽  
James I ◽  
Charles I ◽  
Law Courts ◽  
Court Of Chancery

At the beginning of the nineteenth century there were six superior courts in Ireland—chancery, the three common law courts (king’s bench, common pleas and exchequer), the admiralty court and the prerogative court (an ecclesiastical court with jurisdiction over testamentary matters).Four of these courts were of medieval origin. The exchequer was probably in existence before the close of the twelfth century, the Irish chancery was founded early in the thirteenth century, the first Irish chancellor being appointed in 1244, and the antecedents of the courts of king’s bench and common pleas are to be found in the thirteenth century. The other two courts were comparatively modern. The court of prerogative and faculties based its rights to exercise jurisdiction on two sixteenth century acts and two seventeenth century patents, one of James I and one of Charles I. And though admiralty jurisdiction had been exercised in Ireland from medieval times, the Irish court of admiralty had been created by statute in 1784. From the court of chancery and the three common law courts there was an appeal to the court of error (known as the court of exchequer chamber) composed of the judges of the three common law courts, and in 1857 it was enacted that the court of exchequer chamber when hearing an appeal should consist of the judges of the two courts from which the appeal did not arise. From the admiralty court and from the prerogative court there was an appeal to delegates in chancery.

scholarly journals Dynamics of Continuity and Change: Shifts in Labour Relations in the Potosí Mines (1680–1812)

2016 ◽  
Vol 61 (S24) ◽  
pp. 93-114 ◽  
Author(s):  
Rossana Barragán Romano
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
The Other ◽  
Economic Sectors ◽  
Labour Relations ◽  
Continuity And Change ◽  
The One

AbstractLabour relations in the silver mines of Potosí are almost synonymous with the mita, a system of unfree work that lasted from the end of the sixteenth century until the beginning of the nineteenth century. However, behind this continuity there were important changes, but also other forms of work, both free and self-employed. The analysis here is focused on how the “polity” contributed to shape labour relations, especially from the end of the seventeenth century and throughout the eighteenth century. This article scrutinizes the labour policies of the Spanish monarchy on the one hand, which favoured certain economic sectors and regions to ensure revenue, and on the other the initiatives both of mine entrepreneurs and workers – unfree, free, and self-employed – who all contributed to changing the system of labour.

BEYOND THE PALE: JOHN CUSACKE AND THE LANGUAGE OF ABSOLUTISM IN EARLY STUART BRITAIN

1998 ◽  
Vol 41 (1) ◽  
pp. 121-149 ◽  
Author(s):  
LINDA LEVY PECK
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Political Thought ◽  
Domestic Politics ◽  
Common Law ◽  
Attorney General ◽  
James I ◽  
Charles I ◽  
Colonial Theory ◽  
Colonial Government

John Cusacke, an Irish gentleman who was educated on the continent and worked on the fringes of the court of wards, constructed a striking re-reading of kingship, law, colonial government, and parliament in a series of tracts written between 1615 and 1647. His writings provide insight both into seventeenth-century colonial theory and early Stuart political thought. Shaped in the cauldron of Irish land struggles and continental political thought, Cusacke rejected Old English constitutionalism, arguing instead that Ireland was a colonial dependency of England. Further, to gain royal favour for various projects, Cusacke recast contemporary conceptions of parliament and common law, rejecting the centrality of custom, insisting that the king was the law maker and vigorously attacking Sir Edward Coke. Cusacke's writings reached the libraries of James I and Charles I, and their officials Sir Robert Naunton, master of the court of wards, and attorney-general Sir Robert Bankes. Cusacke's tracts graphically demonstrate the existence of an absolutist political discourse in early Stuart Britain applied not to issues of theology or of international law but to domestic politics.

The Last Forty Years of the Irish Bar

1929 ◽  
Vol 3 (3) ◽  
pp. 365-375
Author(s):  
Serjeant A. M. Sullivan
Keyword(s):  
Common Sense ◽  
Common Law ◽  
Good Deal ◽  
The Other ◽  
Old Order ◽  
Other Hand ◽  
The Law ◽  
Law Courts ◽  
Court Of Chancery ◽  
The Doors

Forty years ago in my old country the legal world was in a state of transition. The old order was changing in a great number of ways. The Judicature Act had just got into swing and although four Courts still opened in the hall beside the Liffey they were soon to be fused into one. These were at that time the Court of Chancery, the Court of Queen's Bench, the Court of Exchequer, and the Court of Common Pleas, and the doors of these four opened on the Central Hall and their names stood over them. The Court of Chancery stood by itself, but it was thought in those days that you had your choice of three Common Law Courts in which to have your case tried. If you had some merit on your side but thought that the law was against you, you issued your writ in the Queen's Bench, which was presided over by Mickey Morris, as he was invariably called although he was a lord, because Mickey had a good deal of common sense, a great deal of humanity, but his ideas of jurisprudence were peculiarly his own. On the other hand, if you were strongly of opinion that however iniquitous your client was, he had the law on his side, you issued your writ in the Court of Exchequer, presided over by Christopher Palles, the greatest judge before whom I have ever appeared. Christopher Palles decided according to what he believed to be the law, and would pay no attention to any other consideration that might be advanced before him.

The Zoroastrian fire temple in the ex-Portuguese colony of Diu, India

2003 ◽  
Vol 13 (1) ◽  
pp. 1-20
Author(s):  
Mehrdad Shokoohy
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
Indian Ocean ◽  
The Other ◽  
South Coast ◽  
The South ◽  
The Indian Ocean ◽  
The Town

AbstractThe ex-Portuguese town of Diu on the island with the same name off the south coast of Saurashtra, Gujarat, is one of the best-preserved and yet least-studied Portuguese colonial towns. Diu was the last of the Portuguese strongholds in India, the control of which was finally achieved in 1539 after many years of futile struggle and frustrating negotiations with the sultanate of Gujarat. During the late sixteenth and seventeenth century Diu remained a main staging post for Portuguese trade in the Indian Ocean, but with the appearance of the Dutch, and later the French and British, on the scene the island gradually lost its strategic importance. The town was subjected to little renovation during the nineteenth century while in the twentieth century Diu was no more than an isolated Portuguese outpost with meagre trade until it was taken over by India in 1961. As a result, unlike the other former Portuguese colonies in India – Daman and Goa – Diu has preserved most of its original characteristics: a Portuguese colonial town plan, a sixteenth-century fort and a number of old churches, as well as many of the eighteenth and nineteenth-century houses.

The Musical Topic of the Mass in B Minor

2018 ◽  
Author(s):  
Daniel R. Melamed
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
Church Music ◽  
Sacred Music ◽  
The Other ◽  
Entire Spectrum ◽  
Giovanni Pierluigi Da Palestrina ◽  
Early Eighteenth Century

If there is a fundamental musical subject of Johann Sebastian Bach’s Mass in B Minor, a compositional problem the work explores, it is the tension between two styles cultivated in church music of Bach’s time. One style was modern and drew on up-to-date music such as the instrumental concerto and the opera aria. The other was old-fashioned and fundamentally vocal, borrowing and adapting the style of Giovanni Pierluigi da Palestrina, his sixteenth-century contemporaries, and his seventeenth-century imitators. The movements that make up Bach’s Mass can be read as exploring the entire spectrum of possibilities offered by these two styles (the modern and the antique), ranging from movements purely in one or the other to a dazzling variety of ways of combining the two. The work illustrates a fundamental opposition in early-eighteenth-century sacred music that Bach confronts and explores in the Mass.

Hymnody and Liturgy

2019 ◽  
pp. 491-506
Author(s):  
Jonathan Hehn
Keyword(s):  
Nineteenth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
North American ◽  
John Calvin ◽  
Church Of Scotland ◽  
Metrical Psalmody ◽  
History Of ◽  
The Church

This chapter outlines the history of Presbyterian worship practice from the sixteenth century to the present, with a focus on North American Presbyterians. Tracing both their hymnody and their liturgy ultimately to John Calvin, Presbyterian communions have a distinct heritage of worship inherited from the Church of Scotland via seventeenth-century Puritans. Long marked by metrical psalmody and guided by the Westminster Directory, Presbyterian worship underwent substantial changes in the nineteenth century. Evangelical and liturgical movements led Presbyterians away from a Puritan visual aesthetic, into the use of nonscriptural hymnody, and toward a recovery of liturgical books. Mainline North American and Scottish Presbyterians solidified these trends in the twentieth and twenty-first centuries; however, conservative North American denominations and some other denominations globally continue to rely heavily on the use of a worship directory and metrical psalmody.

Invisible Architectures

2000 ◽  
Vol 13 (1) ◽  
pp. 121-136 ◽  
Author(s):  
Hans-Jörg Rheinberger
Keyword(s):  
Nineteenth Century ◽  
Seventeenth Century ◽  
Historical Development ◽  
Basic Problem ◽  
Life Sciences ◽  
The Other ◽  
Modern Life ◽  
Historical Process ◽  
Strategy I ◽  
The Invisible

The ArgumentIn this essay I will sketch a few instances of how, and a few forms in which, the “invisible” became an epistemic category in the development of the life sciences from the seventeenth century through the end of the nineteenth century. In contrast to most of the other papers in this issue, I do not so much focus on the visualization of various little entities, and the tools and contexts in which a visual representation of these things was realized. I will be more concerned with the basic problem of introducing entities or structures that cannot be seen, as elements of an explanatory strategy. I will try to review the ways in which the invisibility of such entities moved from the unproblematic status of just being too small to be accessible to the naked or even the armed eye, to the problematic status of being invisible in principle and yet being indispensable within a given explanatory framework. The epistemological concern of the paper is thus to sketch the historical process of how the “unseen” became a problem in the modern life sciences. The coming into being of the invisible as a space full of paradoxes is itself the product of a historical development that still awaits proper reconstruction.

scholarly journals Stratigraphy of the wall paintings in the main church of the Praskvica Monastery

Zograf ◽  
2014 ◽  
pp. 153-163
Author(s):  
Dragan Vojvodic
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Wall Painting ◽  
The Other ◽  
Stylistic Analysis ◽  
Wall Paintings ◽  
The West ◽  
The Third ◽  
Technical Features ◽  
The Church

In the katholikon of the monastery of Praskvica there are remains of two layers of post-Byzantine wall-painting: the earlier, from the third quarter of the sixteenth century, and later, from the first half of the seventeenth century, which is the conclusion based on stylistic analysis and technical features. The portions of frescoes belonging to one or the other layer can be clearly distinguished from one another and the content of the surviving representations read more thoroughly than before. It seems that the remains of wall-painting on what originally was the west facade of the church also belong to the earlier layer. It is possible that the church was not frescoed in the lifetime of its ktetor, Balsa III Balsic.

Remedies for equitable wrongs

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Breach Of Contract ◽  
Turn On ◽  
The Supreme Court ◽  
The Common ◽  
Law Courts ◽  
Substantive Law ◽  
Court Of Chancery

Torts and breach of contract are termed common law wrongs because they were historically developed in the common law courts. Equitable wrongs are civil wrongs that historically were developed in the Court of Chancery. Despite the fusion of the common law courts and the Court of Chancery by the Supreme Court of Judicature Acts 1873–1875, much of the substantive law has not been fused. One example is the continued distinction between common law and equitable wrongs. In a rational fused system, nothing should turn on whether a civil wrong is common law or equitable. But that is not the present law.

The Authority of the Administration

2020 ◽  
pp. 45-66
Author(s):  
Janet McLean
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Radical Change ◽  
Public Trust ◽  
Administrative Law ◽  
Legitimate Authority ◽  
The Common ◽  
Theoretical Foundations

The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in office, as a means to limit the imposition of the King’s will and to secure the independence of officials, especially the judges. In the eighteenth century, virtue, property, and independence became the basis for office, and the common law sought to enhance such authority through notions of public trust. After the nineteenth-century transition to more centralised and bureaucratic hierarchy, democracy became the new source of authority for the administration, reinforced by the ultra vires doctrine. In each era, the authority claims of the administration have been reflected in the frameworks for judicial supervision. In this way the common law has simultaneously constituted and controlled authority. In the present day we are in the process of rethinking whence administrators derive their legitimate authority and the theoretical foundations of judicial review. Beginning with the authority claims of the administration and framing a juridical response which reflects and tests such claims would be a good place to start.

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