This book focuses, from a legal perspective, on a series of events which make up some of the principal episodes in the legal history of religion in Ireland: the anti-Catholic penal laws of the late seventeenth and early eighteenth century; the shift towards the removal of disabilities from Catholics and dissenters; the dis-establishment of the Church of Ireland; and the place of religion, and the Catholic Church, under the Constitutions of 1922 and 1937.
Author(s): Kevin Costello, Niamh Howlin
Series: Palgrave Modern Legal History
Publisher: Palgrave Macmillan
Year: 2021
Language: English
Pages: 412
City: Cham
Acknowledgments
Contents
Notes on Contributors
List of Tables
Chapter 1: The Legal History of Religion in Ireland
Chapter 2: The Penal Laws: Origins, Purpose, Enforcement and Impact
1 Introduction
2 Origins
3 Purpose
4 Enforcement
5 Impact
6 Conclusion
Chapter 3: To “Elude the Design and Intention” of the Penal Laws: Collusion and Discovery in Eighteenth-Century Ireland—A Case Study
1 Introduction
2 Land Purchases, Trusts and Statutes Staple, 1709–15
3 Death, Executorship and Bequests
4 Legal Challenges
5 Collusive Discovery and a Letter of Complaint
Appendix 1: Alcock Family Tree
Chapter 4: Repealing the Penal Laws, 1760–95
1 Introduction
2 The First Attempts, 1760–74
3 Breakthrough, 1778–82
4 Challenging the Political Foundations of Protestant Ascendancy, 1783–95
5 Conclusion
Chapter 5: “Inoperative But Insulting:” Residues of the Penal Laws, 1829–1920
1 Introduction
2 The Restrictions on Catholic Orders
2.1 Landholding and the Laws Against Religious Orders
3 Ecclesiastical Titles and the Catholic Relief Act 1829
3.1 The Ecclesiastical Titles Code in Practice, 1829–1920
4 Exercising “Rites or Ceremonies” or “Wearing the Habits of the Order”
4.1 Wearing Any of the “Habits of His Order”
4.2 Exercising Any of the “Rites or Ceremonies of the Roman Catholic Religion”
5 The Catholic Relief Act 1829 and the Law of Charities, 1852 to 1916
5.1 Section 29 and the Law of Rating
6 The Abolition of the Penal Code of 1829
7 Conclusion
Chapter 6: The Legal and Constitutional Organization of the Catholic Church in Nineteenth-Century Ireland
1 Introduction
2 The Church and the State
3 Disestablishment
4 The Synod of Thurles
5 Conclusion
Chapter 7: Irish Presbyterians and the Quest for Toleration, c. 1692–1733
1 Introduction
2 Legal Situation and Presbyterian Grievances
3 Presbyterian Attempts to Gain Religious Toleration
4 Personnel and Efficacy
5 Conclusion
Chapter 8: “I Am Friends Wt You & Do Entertain No Malice”: Discord, Disputes and Defamation in Ulster Presbyterian Church Courts, c. 1700–1838
1 Introduction
2 The Process of Church Discipline
3 Discord and Disputes
4 Defamation
5 Conclusion
Chapter 9: Church Briefs and Charitable Relief: Reparations for Two Early Eighteenth Century Fire-Damaged Ulster Towns
1 Introduction
2 The Fire at Enniskillen, 1705
3 The Fire at Lisburn, 1707
4 Other Fires and Charitable Briefs
5 The Effectiveness of Charitable Briefs
6 Fire Legislation in England and Ireland
Chapter 10: The Disestablishment of the Church of Ireland
1 Introduction
2 The Meaning of Disestablishment
3 Legislating for Disestablishment
4 Reactions to Disestablishment
Chapter 11: Disendowment Under the Irish Church Act 1869
1 Introduction
2 Church of Ireland Property in 1869
3 Homage to the Draftsman
4 Automatic Effects of the Irish Church Act 1869
5 The Commissioners as Clearing-House
6 The Commissioners as a Court
7 Conclusion
Chapter 12: The Constitution of the Church of Ireland in Action: Ritualist Litigation in a Disestablished Church, 1871–1937
1 Introduction
2 The Legal Framework
2.1 The Constitution of the Church of Ireland and the Canons of 1871
2.2 The Courts
2.2.1 Structure and Constitution of the Courts
2.2.2 The Rules of Court
2.2.3 The Judges
2.2.4 Chancellors
2.2.5 Evidence
2.2.6 Jurisprudence
3 The Liturgical Litigation
3.1 All Saints’, Grangegorman
3.2 St. Bartholomew’s Ball’s Bridge
3.2.1 Grant v. Smith & Others
3.2.2 Chamney & Others v. Simpson
3.3 All Saints’ Blackrock
3.4 St. John’s Sandymount
4 Conclusion
Chapter 13: Religion and the Constitution of the Irish Free State
1 Introduction
2 The Constitution Committee
3 Alfred O’Rahilly and Draft C
4 Safeguards for a Religious Minority
5 The Evolution of the Constitutional Provisions on Freedom of Conscience and Religion
6 Additional References to Religion During the Drafting of the 1922 Constitution
7 The Catholic Church and the Enactment of the 1922 Constitution
8 The Catholic Church and the Drafting of the 1922 Constitution
9 The Emergence of a Secular Constitution
10 The Reference to God in the Preamble of the Constituent Act
11 Conclusion
Chapter 14: Article 44.1 and the “Special Position” of the Catholic Church in the Irish Constitution, 1937–1972
1 Introduction
2 Drafting Article 44.1
3 The Drive for Amendment in the 1940s and 1950s
3.1 Maria Duce
3.2 Westmeath County Council
3.3 The Liberal Ethic Debate
4 Judicial Developments
5 Aftermath to 1950 and Tuairim
6 The Turning Point: 1965 to 1967
7 The Abolition Debate 1969 to 1972
8 The Fifth Amendment
9 Conclusion
Index
