Justiciar’s Courts The Justiciar and council exercised judicial functions. Over time, a specialised judiciary developed, and most judicial business became a matter for the courts of justice. There remained a number of cases still dealt with by the Justiciar and council. These concerned particularly, quarrels between magnates. Cases, where the common law provided no remedy, were attracted towards the Justiciar, although laterally, they moved […]
Local Courts In the early days of the Norman colony, the Justiciar’s court was the sole central court. Over time, the bulk of judicial came to be undertaken by county courts. Sometimes the Justiciar presided over county courts. The references to the King’s Courts in Ireland refer to courts held before the Justiciar. initially, justices were appointed from time to time in some cases to […]
Norman Conquest The struggle between internal dynasties within Ireland led to the political conditions in which King Henry II intervened and exercised his claim to a feudal Lordship. The King of Leinster exiled in 1166 and his direct appeal to Henry II for help, led to the royal licensing of an expeditionary force from Wales and the arrival of Henry II with a great army […]
Magnates 14th Century The central government attempted to extract formal submission from local lords on an ad hoc basis. Jurisdiction was exercised indirectly over individual lords to the extent practicable. Indentures sought an act of royalty to the King as overlord an undertaking to abide by the King’s peace and an agreement to render some modest tribute, generally military service. These arrangements did not limit […]
Nature of Tenure Until very recently the idea of tenure was an integral part of property law. Tenure refers to the concept of holding land from another. Originally under the Norman system introduced into Ireland following the Norman invasion in 1169, all land was held of the King. The King was Chief Lord. Landowners either held directly from him or indirectly from persons who held […]
Origins Initially, the justiciar was both the chief judge and governor. There was no clear-cut division between the judicial, administrative or government functions. The Irish justiciar’s court corresponded to that of the English court coram rege. Claims based on errors in the lower courts could be referred to the justiciar’s court. The court usually exercised its functions in Dublin. The justicar was not necessarily legally […]
The Norman Lordship of Ireland The struggle between internal dynasties within Ireland led to the political conditions in which King Henry II intervened and exercised his claim to a feudal Lordship. The King of Leinster exiled in 1166 and his direct appeal to Henry II for help, led to the royal licensing of an expeditionary force from Wales and the arrival of Henry II with […]
Division into Counties In England, the country had been divided into shires prior to the Norman Conquest. Each shire and each hundred had its own court. The shire court met twice a year and the hundred every month. The shire court was presided over by the local sheriff who was a president, not a judge. The Norman’s created shires in Ireland gradually. The Munster counties […]
King’s Revenue Irish revenue equivalent to English revenue comprised income from feudal rights, annual payments, rents of demesne lands, farm rents of towns, profits of county courts, profits of justice and customs. Customs were levied on wool and hides from ports in Ireland including those within the liberties. The escheator was responsible for lands temporarily in the King’s hands because of the minority of tenants-in-chief […]
English Background Liberties in England had developed in an attempt to enlist local magnates in the preservation of order by giving them a share of the profits of justice and the dues arising in larger liberties. They were administered by the hundred courts presided over by officials of the local magnates rather than by the royal officials. After the Norman conquest, feudal lord was given […]
Norman Government and Native Irish At the high point of Norman control, three-quarters of Ireland was at least nominally subject to the control of the Dublin government. Even outside of these areas, most Chiefs had some relationship with the Crown of a quasi-feudal nature. Later, in the 14th and 15th century the position changed. The Irish rulers obtained far greater independence. Many of the Anglo-Irish […]
Feudalism The feudal system reflected and represented a power balance and relationship between the Kings and Lords and was an integral part of the political and economic structure in England. This authority never fully held in Ireland in the medieval period and accordingly a dilute form only of the feudal system existed. It coexisted in particular with the Gaelic Brehon law system which took hold […]