Paul Smith
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Introduction
The centrality of law
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This chapter provides the context for the themes explored in the book. It outlines how Catholics aspired to religious freedom and recovery of estates in the Restoration period, after 20 years of turmoil and oppression in the 1640s and 1650s. It also defines the scope of this book. It marks an important distinction. Legal history – the history of the law as it evolved – is not explored here. Rather the concern of this book is to show how the law actually operated for the majority Catholic population dominated by a Protestant administration. The origins and nature of the imposition of English common law in Ireland, most eloquently articulated by Sir John Davies, are explained against the background of the intractable problem of religion. The chapter also contextualises the Irish experience in the light of contemporary developments in the other Stuart kingdoms, England and Scotland. It contrasts the treatment of Dutch Catholics, a significant minority in an officially Protestant state. It examines how historians in Ireland have approached law in the Restoration period. Much of the work has been biographical, frequently studying the careers of Catholic lawyers, or the profession more generally. This book takes a wider perspective but does not attempt to be comprehensive. Rather it addresses some key aspects of a vast topic through a series of case studies, and this chapter sets out the key themes addressed and the sources used in exploring each topic.

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