{"id":99,"date":"2021-04-03T09:16:06","date_gmt":"2021-04-03T09:16:06","guid":{"rendered":"http:\/\/legalblog.ie\/?p=99"},"modified":"2021-04-03T09:16:29","modified_gmt":"2021-04-03T09:16:29","slug":"local-government-after-1650","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/local-government-after-1650\/","title":{"rendered":"Local Government after 1650"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/local-government-after-1650\/#Organisation\" title=\"Organisation\">Organisation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/local-government-after-1650\/#Manorial_Courts\" title=\"Manorial Courts\">Manorial Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/local-government-after-1650\/#Assizes\" title=\"Assizes\">Assizes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/local-government-after-1650\/#Sheriff\" title=\"Sheriff\">Sheriff<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/local-government-after-1650\/#Grand_Juries\" title=\"Grand Juries\">Grand Juries<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/local-government-after-1650\/#Justices_Magistrates\" title=\"Justices \/ Magistrates\">Justices \/ Magistrates<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/local-government-after-1650\/#Towns\" title=\"Towns\">Towns<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Organisation\"><\/span>Organisation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The administration of Ireland was based on that in England. The revenue and military enforced tax collection and order. There were juries, petty and grand constables, vestries, overseers of the poor, manorial courts, informal committees of villages.\u00a0There were officials of vestries, wards, manors, baronies and boroughs.\u00a0 There was thought to be approximately 3,500 working on behalf of the state in 1670.<\/p>\n<p>Until the middle of the 17th century, much of the local network of parishes, manors and baronies were manned by catholic incumbents. During the latter half of the century, Catholics re-entered local government.\u00a0 However, after the Battle of the Boyne, Catholics were excluded from national county and municipal offices.<\/p>\n<p>Thereafter, Catholics were supplanted by more reliable protestants as local magnates who had fought against parliament and later William of Orange suffered the consequences of their defeat.<\/p>\n<p>The Test Act 1704 in effect, \u00a0excluded \u00a0Catholics from the administration. It \u00a0exempted high constables responsible for baronies, petty constables, tithingmen, head-boroughs, poor overseers, church wardens and surveyors from the requirement to produce a certificate of having taken communion according to the rights of the established church.<\/p>\n<p>A middle-class of quasi-gentry of middleman evolved.\u00a0 They were widely seen amongst the catholic population as oppressors and petty tyrants. Some Catholics remained as agents and seneschal and maintained senior positions, even \u00a0throughout the 18th century.<\/p>\n<p>The established church had a pervasive role that extended beyond its religious functions. Townlands and parishes had secular responsibilities.<\/p>\n<p>The townland was the \u00a0smallest unit in Ireland in the 17th and 18th century.\u00a0 There were up to 62,000 townlands which varied from 2000 acres to 5 acres.\u00a0 There were approximately 2,300 parishes.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Manorial_Courts\"><\/span>Manorial Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Manor courts declined in number over the 17<sup>th<\/sup> and 18<sup>th<\/sup> Centuries. By the middle of the 19th century 204 \u00a0manor courts still existed.\u00a0 Their functions were both administrative and judicial below certain levels .Lords of the manor commissioned their agents as justice of the peace in order to discipline their tenantry.<\/p>\n<p>Manorial courts heard disputes between tenants.\u00a0 This could range from boundary disputes, land disputes, disputes over cattle, goods et cetera.\u00a0Within the towns, borough courts had similar powers.\u00a0Until the late 17th century, Brehon law was utilised in some courts and in some instances.<\/p>\n<p>The nobility sought to protect their manorial privileges against encroachment by the state.\u00a0 On occasions, sheriffs with their tourn \u00a0courts in each barony challenged manorial courts.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assizes\"><\/span>Assizes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The assizes exercised social, administrative and judicial functions in the early 18th century.\u00a0 They attracted magistrates, jurors, miscreants and notables from across society.<\/p>\n<p>The assizes were presided over by higher court judges on circuit. Itinerant higher court judges tried crimes.<\/p>\n<p>The assizes also transacted administrative and other business.\u00a0 By the 18th century, purpose-built \u00a0courtrooms were provided in which to \u00a0hold proceedings with greater solemnity, \u00a0formality and comfort.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sheriff\"><\/span>Sheriff<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Each county had a high sheriff.\u00a0 The lord lieutenant prepared lists from whom the sheriff was picked.\u00a0 The role was held for a year during the 17th century and was seen to be financially burdensome.<\/p>\n<p>The sheriff had the possibility of earning fees and commissions but had to account for monies \u00a0raised.\u00a0 It was a calculation as to whether it was profitable. Numerous former sheriffs failed to clear their accounts and fell into default, for which they were subject to prosecution. Bribery and corruption were widespread. Sheriffs were frequently accused of partiality and exceeding their powers.<\/p>\n<p>By 1679, the system of county governance, by the sheriffs was reasserted. It was extended from 13 shires to all 32.\u00a0 The governors were concerned principally with raising and maintaining the militia.\u00a0 They were assisted by deputies.<\/p>\n<p>The sheriff had judicial powers. The sheriff courts with limited jurisdiction survived. The sheriff and his deputies enforced decisions of the higher court.\u00a0 They also enforced the civil bill courts or decrees and received fees.\u00a0 They did not receive fees for enforcing criminal decision.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Grand_Juries\"><\/span>Grand Juries<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sheriffs chose grand jurors who acted as returning officers for parliamentary election.\u00a0 This enabled them to have a significant influence on the outcome of elections.\u00a0 Steps are taken to have allies named as sheriffs and grand jurors.<\/p>\n<p>The sheriff as presiding officer could determine the place, duration and time of the poll.\u00a0 He could assist a particular candidate.\u00a0 He judged whether a person qualified as a 40-shilling freeholder.<\/p>\n<p>The sheriff picked the grand jury members usually up to 23.\u00a0 They were picked form lists compiled by high constables in each barony.\u00a0 They must generally have had a freehold of a certain valuation or lease of a minimum length.\u00a0 Catholics were barred as of 1708.<\/p>\n<p>Through the 18th century, more powers were conferred on the grand jury.\u00a0 Grand juries are subject to pressures from their barony. They \u00a0had powers under Acts of parliament to direct public money into schemes. \u00a0The magistrates and grand juries were accused of being a self-interested clique.\u00a0 Many criticised their operations.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Justices_Magistrates\"><\/span>Justices \/ Magistrates<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Outside of Quarter Sessions, panels of justices had wide powers. In effect, Justices had significant discretion to what laws should be enforced. The range of criminal statutes increased significantly in the 18th century from the Irish and English parliaments.\u00a0\u00a0An ever-increasing range of statutory offences were placed within the \u00a0justice&#8217;s\/ magistrate&#8217;s jurisdiction.<\/p>\n<p>Justices of the peace were appointed by the central government on the basis of their political reliability.\u00a0 Catholics were barred by the end of the 17th century. By the middle of the 18th century, signed testimonials were required for persons \u00a0recommended for office, such as Justices of the Peace.\u00a0 A recommendations from the county governor was essential.\u00a0 This brought the magistry more into the spoils \u00a0system where connections and lobbying assisted appointment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Towns\"><\/span>Towns<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Many towns had long-established boroughs. Some boroughs were old and anachronistic, but yet retained power to return to members to parliament.\u00a0 Many new boroughs were established during the Stuart \u00a0period.<\/p>\n<p>Sixty parliamentary boroughs were established in the 17th century.\u00a0 Many of them returned members to parliaments.<\/p>\n<p>Municipal elections took place.\u00a0 The boroughs operated borough courts and corporations.\u00a0 The Test Act 1704 removed persons who were not member of the established church from office\/.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-99\" data-postid=\"99\" class=\"themify_builder_content themify_builder_content-99 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Organisation The administration of Ireland was based on that in England. The revenue and military enforced tax collection and order. There were juries, petty and grand constables, vestries, overseers of the poor, manorial courts, informal committees of villages.\u00a0There were officials of vestries, wards, manors, baronies and boroughs.\u00a0 There was thought to be approximately 3,500 working [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[30],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/99"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=99"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/99\/revisions"}],"predecessor-version":[{"id":100,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/99\/revisions\/100"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=99"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=99"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=99"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}