Overlords, underlords and landlords: negotiating land and lordship in plantation Munster

IF 0.3 1区历史学 Q2 HISTORY

IRISH HISTORICAL STUDIES Pub Date : 2023-05-01 DOI:10.1017/ihs.2023.3

M. K. Smith

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引用次数: 0

Abstract

Abstract This article explores the legal strategies of negotiation employed by Gaelic lords in early modern Munster through a case study of the O'Driscoll lordship of Collymore, County Cork. The late sixteenth and seventeenth centuries produced an environment of intense legal contestation, as indigenous legal practices and hierarchies were methodically attacked by the colonial administration. But, as English administrators attempted to eradicate Irish legal precedent (and with it the legitimacy of the Gaelic aristocracy), Gaelic lords responded with new and often innovative legal strategies. The territory of Collymore presents a microcosm of the legal tensions produced by and under the Munster plantation, subject to competing claims by rival O'Driscoll heirs, MacCarthy Reagh overlords, ‘Old English’ neighbours and incoming planters. This article offers a reconstruction and analysis of the complex legal disputes surrounding Collymore. It argues that through otherwise routine legal interactions like inheritance disputes and chancery suits, Irish lords reframed their authority in the vocabulary of English law, trading tanistry for primogeniture and the language of overlordship for that of landlordship. Through these rhetorical and theoretical shifts, they attempted to redefine the very basis and nature of their authority.

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领主，领主和地主:明斯特种植园土地和领主的谈判

摘要本文以科克郡科利莫尔的奥德里斯科尔领主为例，探讨近代早期明斯特地区盖尔领主的法律谈判策略。16世纪晚期和17世纪产生了激烈的法律争论环境，因为土著法律实践和等级制度受到殖民政府的系统攻击。但是，当英国行政官员试图根除爱尔兰的法律先例(以及盖尔贵族的合法性)时，盖尔贵族们用新的、经常是创新的法律策略来回应。科利莫尔的领土呈现了明斯特种植园所产生的法律紧张局势的一个缩影，受到竞争对手O' driscoll继承人，麦卡锡·里根(mccarthy Reagh)领主，“古英格兰”邻居和新种植园主的竞争。本文对围绕科利莫尔的复杂法律纠纷进行了重构和分析。它认为，通过继承纠纷和衡平法诉讼等常规的法律互动，爱尔兰领主在英国法律词汇中重新确立了自己的权威，将“内阁”换成了“长子继承”，将“领主”的语言换成了“地主”的语言。通过这些修辞和理论的转变，他们试图重新定义自己权威的基础和本质。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

IRISH HISTORICAL STUDIES HISTORY-

CiteScore

0.70

自引率

7.10%

发文量

期刊介绍： This journal is published jointly by the Irish Historical Society and the Ulster Society for Irish Historical Studies. Published twice a year, Irish Historical Studies covers all areas of Irish history, including the medieval period. We thank William E. Vaughn of the management committee of Irish Historical Studies for his permission to republish the following two articles.