By Hans S. Pawlisch
This research examines the legislation reviews of Sir John Davies and litigation pleaded earlier than the principal Irish courts throughout the interval within which Davies served in eire as solicitor-general (1603-6) and attorney-general (1606-19). The author's major hindrance is to explicate the felony and jurisprudential matters concerned and to attract out their deeper political implications. He argues that, within the absence of a malleable parliament, judge-made legislations turned the device wherein the Jacobean regime consolidated the Tudor conquest. The ebook additionally touches at the effect of the implementation of the legislations at the Irish coinage, Gaelic tenurial customs and spiritual conformity. extra debatable topics comprise the origins of precedent within the Anglo-American felony culture, using continental civil legislation in universal legislations litigation and the connection of early smooth eire to the advance of an imperial jurisprudence.
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Extra resources for Sir John Davies and the Conquest of Ireland: A Study in Legal Imperialism
Thus the Dublin government set out to employ case law as authoritative policy guidelines in a variety of politically and constitutionally significant cases pending before the various Irish courts during the first decade of the seventeenth century. Nor, of course, can the English government be excused from complicity, for while most of the judicial resolutions issued from the Irish justices in the Privy Council Chamber in Dublin Castle, in some instances decisions were referred back to members of the English judiciary who ratified them with resolutions of their own decided in the Exchequer Chamber or in Serjeants' Inn in London.
The proceedings Sir John Davies: a biographical sketch of the parliament also show, incidentally, that by 1601, Davies and Martin were on friendly terms again, for they had collaborated in the battle against monopolies. There is one last intriguing element to consider in Davies' rise in Jacobean society. In March of 1609 Davies married Eleanor Touchet, the fifth daughter of an English peer, George Baron Audley, who received an Irish title on 6 September 1616 as the Earl of Castlehaven. It is difficult to reconstruct the social context that enabled Davies to marry the daughter of a peer.
82 He also published in 1622 a revised edition of his three major poems, Nosce Teipsum, Astrea and Orchestra, which contained a new dedication for Orchestra and a revised conclusion. 83 More significantly, Davies served in the parliament of 1621 as MP for Newcastle-under-Lyme, but unlike his earlier performance in the parliament of 1601, he failed to distinguish himself in the debates. In view of the outbreak of the Thirty Years War and a renewed attack on monopolies, this reticence is surprising.