Denis Daly (judge)
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Denis Daly (), was an Irish landowner,
Judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
and Privy Councillor.


Early life

Daly was a son of James Daly of Carrownakelly, County Galway, and Anastase Darcy of Kiltullagh. Anastase was a niece (or grand-niece) of the leading Roman Catholic
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
Patrick D'Arcy Patrick D'Arcy (1598–1668) was an Irish Catholic Confederate and lawyer who wrote the constitution of Confederate Ireland. Background Born in County Galway, Ireland, D'Arcy was the youngest son of James Riabhach D'Arcy by his second marria ...
, with whom Daly began his career as D'Arcy's
clerk A clerk is a white-collar worker who conducts record keeping as well as general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include Records managem ...
. His great-grandfather, Dermot O Daly (died 1614), was a
Gaelic Gaelic (pronounced for Irish Gaelic and for Scots Gaelic) is an adjective that means "pertaining to the Gaels". It may refer to: Languages * Gaelic languages or Goidelic languages, a linguistic group that is one of the two branches of the Insul ...
- Irish supporter of the
Earl of Clanricarde Earl of Clanricarde ( ; ) is a title that has been created twice in the Peerage of Ireland, first in 1543 and again in 1800. The former creation became extinct in 1916 while the 1800 creation is extant and held by the Marquess of Sligo since 19 ...
. The family had risen from utter obscurity in the mid-16th century to become powerful landlords by the 1640s. Denis Daly was a member of the Carrownekelly (modern-day Carnakelly, Athenry) branch. The family were supporters of the
Stuart dynasty The House of Stuart, originally spelled Stewart, also known as the Stuart dynasty, was a royal house of Scotland, England, Ireland and later Great Britain. The family name comes from the office of High Steward of Scotland, which had been hel ...
and remained
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
until the early eighteenth century.


Mature career

During the reign of James II, Daly was made a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
of the
Court of Common Pleas (Ireland) The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is sti ...
and a Privy Councillor. In 1689 he was sent as a judge of
assize The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
to
Munster Munster ( or ) is the largest of the four provinces of Ireland, located in the south west of the island. In early Ireland, the Kingdom of Munster was one of the kingdoms of Gaelic Ireland ruled by a "king of over-kings" (). Following the Nor ...
. In the same year however, he was threatened with
impeachment Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...
by James's
Patriot Parliament Patriot Parliament is the name commonly used for the Irish Parliament session called by King James II during the Williamite War in Ireland which lasted from 1688 to 1691. The first since 1666, it held only one session, which lasted from 7 May ...
, after he allegedly insulted that assembly by comparing it to the mob incited by
Masaniello Tommaso Aniello (29 June 1620 – 16 July 1647), popularly known by the contracted name Masaniello (, ), was an Italian fisherman who became leader of the 1647 revolt against the rule of Habsburg Spain in the Kingdom of Naples. Name and place ...
, the
Neapolitan Neapolitan means of or pertaining to Naples, a city in Italy; or to: Geography and history * Province of Naples, a province in the Campania region of southern Italy that includes the city * Duchy of Naples, in existence during the Early and High ...
revolutionary leader of the 1640s. After the downfall of James II, he was dismissed from the Bench and
outlawed An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. ...
for a time. One of the terms of the pardon he received for supporting James during the
Williamite War in Ireland The Williamite War in Ireland took place from March 1689 to October 1691. Fought between Jacobitism, Jacobite supporters of James II of England, James II and those of his successor, William III of England, William III, it resulted in a Williamit ...
was his conforming to the
Protestant Protestantism is a branch of Christianity that emphasizes Justification (theology), justification of sinners Sola fide, through faith alone, the teaching that Salvation in Christianity, salvation comes by unmerited Grace in Christianity, divin ...
church. He did this in 1709: this precaution had the additional effect of protecting his extensive estates in mid-Galway. For this some "die-hard" Catholics never forgave him, and after his death, an enemy wrote that he deserved a place in
Purgatory In Christianity, Purgatory (, borrowed into English language, English via Anglo-Norman language, Anglo-Norman and Old French) is a passing Intermediate state (Christianity), intermediate state after physical death for purifying or purging a soul ...
for his
apostasy Apostasy (; ) is the formal religious disaffiliation, disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous re ...
. Daly and his brother,
Charles Charles is a masculine given name predominantly found in English language, English and French language, French speaking countries. It is from the French form ''Charles'' of the Proto-Germanic, Proto-Germanic name (in runic alphabet) or ''* ...
of Calla (M.P. for
Athenry Athenry (; ) is a town in County Galway, Ireland, which lies east of Galway city. Some of the attractions of the medieval town are its town wall, Athenry Castle, its priory and its 13th-century street-plan. The town is also well known by virt ...
in 1689), had accumulated a great deal of land purchased from the profits of their legal business. During the early years of the 18th century, the brothers spent some thirty-thousand pounds buying estates such as
Dunsandle Castle Dunsandle Castle is a 15th-century tower house near Athenry, County Galway, in Ireland. History Dunsandle Castle is referenced by Nolan, J.P. Galway Castles and Owners in 1574 (Barons of Kingestowne Athenry) the owner being Villig Osebeg o ...
, Raford and Quansbury; the price of Dunsandle alone was £9,450, which Denis obtained in 1708. Daly was also a patron of the local Catholic clergy, providing a refuge for Athenry's Dominican friars in Esker, close to his castle at Carrownekelly. The
monastery A monastery is a building or complex of buildings comprising the domestic quarters and workplaces of Monasticism, monastics, monks or nuns, whether living in Cenobitic monasticism, communities or alone (hermits). A monastery generally includes a ...
is still in existence. In decades to come, Daly's descendants would settle at Dunsandle, and from c.1760 to c.1820 effectively monopolised the mayoralty of the town of
Galway Galway ( ; , ) is a City status in Ireland, city in (and the county town of) County Galway. It lies on the River Corrib between Lough Corrib and Galway Bay. It is the most populous settlement in the province of Connacht, the List of settleme ...
. Daly's great-great-grandson was made a peer, Baron Dunsandle and Clanconel, in the 19th century.


Family

Daly married Mary Power, daughter of Thomas Power of Park,
Limerick Limerick ( ; ) is a city in western Ireland, in County Limerick. It is in the Provinces of Ireland, province of Munster and is in the Mid-West Region, Ireland, Mid-West which comprises part of the Southern Region, Ireland, Southern Region. W ...
, with whom he had four sons and two daughters. Through his daughter Mary, who married Peter Browne of
Westport, County Mayo Westport (, historically anglicised as ''Cahernamart'') is a town in County Mayo in Republic of Ireland, Ireland.Westport Before 1800 by Michael Kelly published in Cathair Na Mart 2019 It is at the south-east corner of Clew Bay, an inlet of the ...
, he was the grandfather of
John Browne, 1st Earl of Altamont John Browne, 1st Earl of Altamont ( – 4 July 1776), styled Lord Mount Eagle between 1760 and 1768 and Viscount Westport between 1768 and 1771, was an Irish Peerage of Ireland, peer and politician. He began the building of Westport House and t ...
.


Summation

In analysing Daly's successful career, Patrick Melville states ''There was ... a marked difference in how the various Irish families gained or preserved estates from the 17th to the 19th centuries. Loyalty and government service counted for much. More crucial was the preservation of property through the 17th century and the ability to take advantage of available land. The Clanricarde family's position as the greatest and most influential landowner in the county made relations with them particularly important. All these factors are illustrated in the history of the related Daly families. The most crucial factor in the rise of the Dalys was the ability and family ambition of Judge Denis Daly of Carrownekelly.'' (p. 15)


See also

*
Denis Bowes Daly Denis Bowes Daly PC (c. 1745 – 17 December 1821) was an Irish politician. Biography Daly was the eldest son of Hyacynth Daly of Dalystown, and his cousin Rose Daly of Raford, both of County Galway and educated privately in Dublin and at Trini ...
*
Dominick Daly Sir Dominick Daly (11 August 1798 – 19 February 1868) was a British colonial public servant and administrator during the 19th century, who held positions in British North America, History_of_Tobago, Tobago and South Australia. Born in I ...
* Charles P. Daly


References

*Ball, F. Elrington ''The Judges in Ireland 1221–1921'' London John Murray 1926 * ''Clare Bards, Galway Gentry'', Patrick Melvin, in ''The Irish Genealogist'', volume 11, part i, 2002, pp. 13–15. * ''Daly, Denis'', Eoin Kinsella, ''Dictionary of Irish Biography'', pp. 16–18, Cambridge, 2010 {{DEFAULTSORT:Daly, Denis Lawyers from County Galway 1630s births 1721 deaths Members of the Privy Council of Ireland 17th-century Irish judges