Paul Smith
Search for other papers by Paul Smith in
Current site
Google Scholar
PubMed
Close
Using the law
Catholics and the Court of Claims
Abstract only
Log-in for full text

In 1663, a unique opportunity arose to recover their estates in the Court of Claims and Chapter 4 explores how Catholics used the court against an overwhelmingly hostile administration. There is a significant body of material that records how Catholics fared. The principal record of the court, a MS in Armagh Robinson Library, is an exceptionally important source for the Restoration. Not strictly a court report, it provides a wealth of information relating to the mainly Catholic claimants. A record of the decrees of the court in the British Library complements the Armagh MS. It is challenging to assess the mass of evidence from the individual cases. The approach taken here is to examine the cases of some smaller landlords which are indicative of the processes followed by the court, and then to trace some of the larger judgments, which are significant in their own right, and frequently have related narratives showing how the Catholic owners fought to recover their lands before and after the sittings of the court. There is a risk that the selected cases are not representative, but they account for about 20 per cent of Catholic claims, and it is clear that some tentative conclusions can be drawn. A number of cases are examined to show how the cost of litigation was a significant deterrent to engaging with the courts, and how religious identity could be flexible, depending on the personal circumstances of the landowner. Finally, a statistical analysis provides some more general conclusions.

  • Collapse
  • Expand

All of MUP's digital content including Open Access books and journals is now available on manchesterhive.

 

Metrics

All Time Past Year Past 30 Days
Abstract Views 291 291 104
Full Text Views 1 1 1
PDF Downloads 3 3 3