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The Union with Ireland Act 1800 Receives Royal Assent

The Union with Ireland Act 1800, which is one of the two complimentary Acts of Union 1800, receives royal assent on July 2, 1800, uniting the Kingdom of Great Britain and the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland. The act means Ireland loses its own independent Parliament and is now to be ruled from England. It will be 1922 before Ireland regains legislative independence.

Two acts are passed in 1800 with the same long title: An Act for the Union of Great Britain and Ireland. The short title of the act of the British Parliament is Union with Ireland Act 1800, assigned by the Short Titles Act 1896. The short title of the act of the Irish Parliament is Act of Union (Ireland) 1800, assigned by a 1951 act of the Parliament of Northern Ireland, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.

Before these acts, Ireland has been in personal union with England since 1542, when the Irish Parliament passes the Crown of Ireland Act 1542, proclaiming King Henry VIII of England to be King of Ireland. Since the 12th century, the King of England has been technical overlord of the Lordship of Ireland, a papal possession. Both the Kingdoms of Ireland and England later come into personal union with that of Scotland upon the Union of the Crowns in 1603.

In 1707, the Kingdom of England and the Kingdom of Scotland are united into a single kingdom: the Kingdom of Great Britain. Upon that union, each House of the Parliament of Ireland passes a congratulatory address to Queen Anne, praying her: “May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union.” The Irish Parliament is both before then subject to certain restrictions that made it subordinate to the Parliament of England and after then, to the Parliament of Great Britain; however, Ireland gains effective legislative independence from Great Britain through the Constitution of 1782.

By this time access to institutional power in Ireland is restricted to a small minority: the Anglo-Irish of the Protestant Ascendancy. Frustration at the lack of reform among the Catholic majority eventually leads, along with other reasons, to a rebellion in 1798, involving a French invasion of Ireland and the seeking of complete independence from Great Britain. This rebellion is crushed with much bloodshed, and the motion for union is motivated at least in part by the belief that the union will alleviate the political rancour that led to the rebellion. The rebellion is felt to have been exacerbated as much by brutally reactionary loyalists as by United Irishmen (anti-unionists).

Furthermore, Catholic emancipation is being discussed in Great Britain, and fears that a newly enfranchised Catholic majority will drastically change the character of the Irish government and parliament also contributes to a desire from London to merge the Parliaments.

According to historian James Stafford, an Enlightenment critique of Empire in Ireland lays the intellectual foundations for the Acts of Union. He writes that Enlightenment thinkers connected “the exclusion of the Irish Kingdom from free participation in imperial and European trade with the exclusion of its Catholic subjects, under the terms of the ‘Penal Laws’, from the benefits of property and political representation.” These critiques are used to justify a parliamentary union between Britain and Ireland.

Complementary acts are enacted by the Parliament of Great Britain and the Parliament of Ireland.

The Parliament of Ireland gains a large measure of legislative independence under the Constitution of 1782. Many members of the Irish Parliament jealously guard that autonomy (notably Henry Grattan), and a motion for union is legally rejected in 1799. Only Anglicans are permitted to become members of the Parliament of Ireland though the great majority of the Irish population are Roman Catholic, with many Presbyterians in Ulster. Under the Roman Catholic Relief Act 1793, Roman Catholics regain the right to vote if they own or rent property worth £2 annually. Wealthy Catholics are strongly in favour of union in the hope for rapid religious emancipation and the right to sit as MPs, which only comes to pass under the Roman Catholic Relief Act 1829.

From the perspective of Great Britain’s elites, the union is desirable because of the uncertainty that follows the French Revolution of 1789 and the Irish Rebellion of 1798. If Ireland adopts Catholic emancipation willingly or not, a Roman Catholic Parliament could break away from Britain and ally with the French, but the same measure within the United Kingdom would exclude that possibility. Also, in creating a regency during King George III‘s “madness”, the Irish and British Parliaments give the Prince Regent different powers. These considerations lead Great Britain to decide to attempt the merger of both kingdoms and Parliaments.

The final passage of the Act in the Irish House of Commons turns on an about 16% relative majority, garnering 58% of the votes, and similar in the Irish House of Lords, in part per contemporary accounts through bribery with the awarding of peerages and honours to critics to get votes. The first attempt is defeated in the Irish House of Commons by 109 votes to 104, but the second vote in 1800 passes by 158 to 115.


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Birth of James FitzJames Butler, 2nd Duke of Ormonde

James FitzJames Butler, 2nd Duke of Ormonde, KG, Irish statesman and soldier, is born into a Protestant family on April 29, 1665, at Dublin Castle. He is the third of the Kilcash branch of the family to inherit the earldom of Ormond. He serves in the campaign to put down the Monmouth Rebellion, in the Williamite War in Ireland, in the Nine Years’ War and in the War of the Spanish Succession but is accused of treason and goes into exile after the Jacobite rising of 1715.

Butler is the second but eldest surviving son, and one of eleven children, of Thomas Butler by his wife Emilia van Nassau-Beverweerd. His father is known as Lord Ossory. His father is heir apparent of James Butler, 1st Duke of Ormond but predeceases him and so never becomes duke. His father’s family, the Butler dynasty, is Old English and descends from Theobald Walter, who had been appointed Chief Butler of Ireland by King Henry II in 1177. His mother is Dutch. She descends from a cadet branch of the House of Nassau.

Butler is educated in France and afterwards at Christ Church, Oxford. On the death of his father on July 30, 1680, he becomes Baron Butler in the peerage of England and the 7th Earl of Ossory in the peerage of Ireland.

Butler obtains command of a cavalry regiment in Ireland in 1683 and having received an appointment at court on the accession of James II, he serves against the Duke of Monmouth at the Battle of Sedgemoor in July 1685. Having succeeded his grandfather as 2nd Duke of Ormonde on July 21, 1688, he is appointed a Knight of the Order of the Garter on September 28, 1688. In 1688, he also becomes Chancellor of the University of Dublin and Chancellor of the University of Oxford.

In January and February 1689, Butler votes against the motion to put William of Orange and Mary on the throne and against the motion to declare that James II has abdicated it. Nevertheless, he subsequently joins the forces of William of Orange, by whom he is made colonel of the 2nd Troop of Horse Guards on April 20, 1689. He accompanies William in his Irish campaign, debarking with him in Carrickfergus on June 14, 1690, and commands this troop at the Battle of the Boyne in July 1690. In February 1691 he becomes Lord Lieutenant of Somerset.

Butler serves on the continent under William of Orange during the Nine Years’ War and, having been promoted to major general, he fights at the Battle of Steenkerque in August 1692 and the Battle of Landen in July 1693, where he is taken prisoner by the French and then exchanged for the Duke of Berwick, James II’s illegitimate son. He is promoted to lieutenant general in 1694.

After the accession of Queen Anne in March 1702, Butler becomes commander of the land forces co-operating with Sir George Rooke in Spain, where he fights in the Battle of Cádiz in August 1702 and the Battle of Vigo Bay in October 1702 during the War of the Spanish Succession (1701–1714). Having been made a Privy Councillor, he succeeds Lord Rochester as Lord Lieutenant of Ireland in 1703. In 1704, he leases and rebuilds a property that becomes known as Ormonde Lodge in Richmond outside London.

Following the dismissal of the Duke of Marlborough, Butler is appointed Commander-in-Chief of the Forces and colonel of the 1st Regiment of Foot Guards on January 4, 1712, and Captain General on February 26, 1712. In the Irish Parliament he and the majority of peers support the Tory interest.

Butler plays a dramatic role at the notorious meeting of the Privy Council on March 8, 1711, when Antoine de Guiscard, a French double agent who is being questioned about his treasonable activities, attempts to assassinate Robert Harley, 1st Earl of Oxford, against whom he has a personal grudge for drastically cutting his allowance, by stabbing him with a penknife. Harley is wounded, but not seriously, due largely to the fact that he is wearing a heavy gold brocade waistcoat in which the knife gets stuck. Several Councillors, including Butler, stab Guiscard in return. Guiscard implores Butler to finish the deed, but he replies that it is not for him to play the hangman. In any case, he has the sense to see that Guiscard must be kept alive at least long enough to be questioned, although as it turns out Guiscard’s wounds are fatal, and he dies a week later.

On April 23, 1712, Butler leaves Harwich for Rotterdam to lead the British troops taking part in the war. Once there he allows himself to be made the tool of the Tory ministry, whose policy is to carry on the war in the Netherlands while giving secret orders to him to take no active part in supporting their allies under Prince Eugene. In July 1712, he advises Prince Eugene that he can no longer support the siege of Le Quesnoy and that he is withdrawing the British troops from the action and instead intends to take possession of Dunkirk. The Dutch are so exasperated at the withdrawal of the British troops that they close the towns of Bouchain on Douai to British access, despite the fact that they have plenty of stores and medical facilities available. Butler takes possession of Ghent and Bruges as well as Dunkirk, in order to ensure his troops are adequately provided for. On April 15, 1713, he becomes Lord Lieutenant of Norfolk.

Ormonde’s position as Captain-General makes him a personage of much importance in the crisis brought about by the death of Queen Anne and, during the last years of Queen Anne, he almost certainly has Jacobite leanings and corresponds with the Jacobite Court including his cousin, Piers Butler, 3rd Viscount Galmoye, who keeps barrels of gunpowder at Kilkenny Castle. King George I, on his accession to the throne in August 1714, institutes extensive changes and excludes the Tories from royal favour. Butler is stripped of his posts as Captain-General, as colonel of the 1st Regiment of Foot Guards and as Commander in Chief of the Forces with the first two posts going to the Duke of Marlborough and the role of Commander-in-Chief going to John Dalrymple, 2nd Earl of Stair. On November 19, 1714, Butler is instead made a member of the reconstituted Privy Council of Ireland.

Accused of supporting the Jacobite rising of 1715, Butler is impeached for high treason by Lord Stanhope on June 21, 1715. He might avoid the impending storm of Parliamentary prosecution, if he remains in England and stands trial but instead, he chooses to flee to France in August 1715 and initially stays in Paris with Lord Bolingbroke. On August 20, 1715, he is attainted, his estate forfeited, and honours extinguished. The Earl Marshal is instructed to remove the names and armorial bearings of Butler and Bolingbroke from the list of peers and his banner as Knight of the Garter is taken down in St. George’s Chapel.

On June 20, 1716, the Parliament of Ireland passes an act extinguishing the regalities and liberties of the county palatine of Tipperary; for vesting Butler’s estate in the crown and for giving a reward of £10,000 for his apprehension, should he attempt to land in Ireland. But the same parliament passes an act on June 24, 1721, to enable his brother, Charles Butler, 1st Earl of Arran, to purchase his estate, which he does accordingly.

Butler subsequently moves to Spain where he holds discussions with Cardinal Giulio Alberoni. He later takes part in a Spanish and Jacobite plan to invade England and puts James Francis Edward Stuart on the British throne in 1719, but his fleet is disbanded by a storm in the Bay of Biscay. In 1732, he moves to Avignon, where he is seen in 1733 by the writer Lady Mary Wortley Montagu. He dies at Avignon in exile on November 16, 1745, but his body is returned to London and buried in Westminster Abbey on May 22, 1746.

On July 20, 1682, Butler, then called Lord Ossory, marries Lady Anne Hyde, daughter of Laurence Hyde, who is then Viscount Hyde of Kenilworth but becomes Earl of Rochester in November. The couple has a daughter, Mary, who dies young in 1688.

Following the death of his first wife in 1685, Butler plans to marry again in order to secure a male heir. He gains permission from the House of Lords for the arranging of a jointure for another marriage in May 1685, and in August of that year, he marries Lady Mary Somerset, daughter of the Duke of Beaufort and Mary Capel. The couple has a son, Thomas (1686–1689), and two daughters, Elizabeth (1689–1750) and Mary (1690–1713). His second wife is a Lady of the Bedchamber to Queen Anne. Their younger daughter, Mary, marries John Ashburnham, 1st Earl of Ashburnham.

(Pictured: Portrait of James Butler, 2nd Duke of Ormonde, by Michael Dahl, National Portrait Gallery)


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Death of James Butler, 2nd Duke of Ormonde

James FitzJames Butler, 2nd Duke of Ormonde, KG, Irish statesman and soldier, dies in Avignon on November 16, 1745. He is the third of the Kilcash branch of the family to inherit the earldom of Ormond. He serves in the campaign to put down the Monmouth Rebellion, in the Williamite War in Ireland, in the Nine Years’ War and in the War of the Spanish Succession but is accused of treason and goes into exile after the Jacobite rising of 1715.

Butler is born into a Protestant family on April 29, 1665, at Dublin Castle. He is the second but eldest surviving son, and one of eleven children, of Thomas Butler by his wife Emilia van Nassau-Beverweerd. His father is known as Lord Ossory. His father is heir apparent of James Butler, 1st Duke of Ormond but predeceases him and so never becomes duke. His father’s family, the Butler dynasty, is Old English and descends from Theobald Walter, who had been appointed Chief Butler of Ireland by King Henry II in 1177. His mother is Dutch. She descends from a cadet branch of the House of Nassau.

Butler is educated in France and afterwards at Christ Church, Oxford. On the death of his father on July 30, 1680, he becomes Baron Butler in the peerage of England and the 7th Earl of Ossory in the peerage of Ireland.

Butler obtains command of a cavalry regiment in Ireland in 1683 and having received an appointment at court on the accession of James II, he serves against the Duke of Monmouth at the Battle of Sedgemoor in July 1685. Having succeeded his grandfather as 2nd Duke of Ormonde on July 21, 1688, he is appointed a Knight of the Order of the Garter on September 28, 1688. In 1688, he also becomes Chancellor of the University of Dublin and Chancellor of the University of Oxford.

In January and February 1689, Butler votes against the motion to put William of Orange and Mary on the throne and against the motion to declare that James II has abdicated it. Nevertheless, he subsequently joins the forces of William of Orange, by whom he is made colonel of the 2nd Troop of Horse Guards on April 20, 1689. He accompanies William in his Irish campaign, debarking with him in Carrickfergus on June 14, 1690, and commands this troop at the Battle of the Boyne in July 1690. In February 1691 he becomes Lord Lieutenant of Somerset.

Butler serves on the continent under William of Orange during the Nine Years’ War and, having been promoted to major general, he fights at the Battle of Steenkerque in August 1692 and the Battle of Landen in July 1693, where he is taken prisoner by the French and then exchanged for the Duke of Berwick, James II’s illegitimate son. He is promoted to lieutenant general in 1694.

After the accession of Queen Anne in March 1702, Butler becomes commander of the land forces co-operating with Sir George Rooke in Spain, where he fights in the Battle of Cádiz in August 1702 and the Battle of Vigo Bay in October 1702 during the War of the Spanish Succession (1701–1714). Having been made a Privy Councillor, he succeeds Lord Rochester as Lord Lieutenant of Ireland in 1703. In 1704, he leases and rebuilds a property that becomes known as Ormonde Lodge in Richmond outside London.

Following the dismissal of the Duke of Marlborough, Butler is appointed Commander-in-Chief of the Forces and colonel of the 1st Regiment of Foot Guards on January 4, 1712, and Captain General on February 26, 1712. In the Irish Parliament he and the majority of peers support the Tory interest.

Butler plays a dramatic role at the notorious meeting of the Privy Council on March 8, 1711, when Antoine de Guiscard, a French double agent who is being questioned about his treasonable activities, attempts to assassinate Robert Harley, 1st Earl of Oxford, against whom he has a personal grudge for drastically cutting his allowance, by stabbing him with a penknife. Harley is wounded, but not seriously, due largely to the fact that he is wearing a heavy gold brocade waistcoat in which the knife gets stuck. Several Councillors, including Butler, stab Guiscard in return. Guiscard implores Butler to finish the deed, but he replies that it is not for him to play the hangman. In any case, he has the sense to see that Guiscard must be kept alive at least long enough to be questioned, although as it turns out Guiscard’s wounds are fatal, and he dies a week later.

On April 23, 1712, Butler leaves Harwich for Rotterdam to lead the British troops taking part in the war. Once there he allows himself to be made the tool of the Tory ministry, whose policy is to carry on the war in the Netherlands while giving secret orders to him to take no active part in supporting their allies under Prince Eugene. In July 1712, he advises Prince Eugene that he can no longer support the siege of Le Quesnoy and that he is withdrawing the British troops from the action and instead intends to take possession of Dunkirk. The Dutch are so exasperated at the withdrawal of the British troops that they close the towns of Bouchain on Douai to British access, despite the fact that they have plenty of stores and medical facilities available. Butler takes possession of Ghent and Bruges as well as Dunkirk, in order to ensure his troops are adequately provided for. On April 15, 1713, he becomes Lord Lieutenant of Norfolk.

Ormonde’s position as Captain-General makes him a personage of much importance in the crisis brought about by the death of Queen Anne and, during the last years of Queen Anne, he almost certainly has Jacobite leanings and corresponds with the Jacobite Court including his cousin, Piers Butler, 3rd Viscount Galmoye, who keeps barrels of gunpowder at Kilkenny Castle. King George I, on his accession to the throne in August 1714, institutes extensive changes and excludes the Tories from royal favour. Butler is stripped of his posts as Captain-General, as colonel of the 1st Regiment of Foot Guards and as Commander in Chief of the Forces with the first two posts going to the Duke of Marlborough and the role of Commander-in-Chief going to John Dalrymple, 2nd Earl of Stair. On November 19, 1714, Butler is instead made a member of the reconstituted Privy Council of Ireland.

Accused of supporting the Jacobite rising of 1715, Butler is impeached for high treason by Lord Stanhope on June 21, 1715. He might avoid the impending storm of Parliamentary prosecution, if he remains in England and stands trial but instead, he chooses to flee to France in August 1715 and initially stays in Paris with Lord Bolingbroke. On August 20, 1715, he is attainted, his estate forfeited, and honours extinguished. The Earl Marshal is instructed to remove the names and armorial bearings of Butler and Bolingbroke from the list of peers and his banner as Knight of the Garter is taken down in St. George’s Chapel.

On June 20, 1716, the Parliament of Ireland passes an act extinguishing the regalities and liberties of the county palatine of Tipperary; for vesting Butler’s estate in the crown and for giving a reward of £10,000 for his apprehension, should he attempt to land in Ireland. But the same parliament passes an act on June 24, 1721, to enable his brother, Charles Butler, 1st Earl of Arran, to purchase his estate, which he does accordingly.

Butler subsequently moves to Spain where he holds discussions with Cardinal Giulio Alberoni. He later takes part in a Spanish and Jacobite plan to invade England and puts James Francis Edward Stuart on the British throne in 1719, but his fleet is disbanded by a storm in the Bay of Biscay. In 1732, he moves to Avignon, where he is seen in 1733 by the writer Lady Mary Wortley Montagu. He dies at Avignon in exile on November 16, 1745, but his body is returned to London and buried in Westminster Abbey on May 22, 1746.

On July 20, 1682, Butler, then called Lord Ossory, marries Lady Anne Hyde, daughter of Laurence Hyde, who is then Viscount Hyde of Kenilworth but becomes Earl of Rochester in November. The couple has a daughter, Mary, who dies young in 1688.

Following the death of his first wife in 1685, Butler plans to marry again in order to secure a male heir. He gains permission from the House of Lords for the arranging of a jointure for another marriage in May 1685, and in August of that year, he marries Lady Mary Somerset, daughter of the Duke of Beaufort and Mary Capel. The couple has a son, Thomas (1686–1689), and two daughters, Elizabeth (1689–1750) and Mary (1690–1713). His second wife is a Lady of the Bedchamber to Queen Anne. Their younger daughter, Mary, marries John Ashburnham, 1st Earl of Ashburnham.

(Pictured: Portrait of James Butler, 2nd Duke of Ormonde, by Michael Dahl, National Portrait Gallery)


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The Castle Hill Rebellion

castle-hill-rebellion

The Castle Hill Rebellion, a rebellion by convicts against the colonial forces of Australia in the Castle Hill area of the British colony of New South Wales, takes place on March 4, 1804. The rebellion culminates at Rouse Hill, dubbed the Second Battle of Vinegar Hill after the first Battle of Vinegar Hill which had taken place in 1798 in Ireland. It is the first and only major convict uprising in Australian history suppressed under martial law.

On March 4, according to the official accounts, 233 convicts led by Philip Cunningham, a veteran of the Irish Rebellion of 1798 as well as the mutiny on the convict transport ship Anne, escapes from a prison farm intent on “capturing ships to sail to Ireland,” In response, martial law is quickly declared in the Colony of New South Wales. The mostly Irish rebels, having gathered reinforcements, are hunted by the colonial forces until they are sequestered on March 5 on a hillock nicknamed Vinegar Hill. Under a flag of truce, Cunningham is arrested, and troops charge and the rebellion is crushed by a raid.

According to the official records of the day, around 230 are eventually brought in over next few days. Of the convicts directly engaged in the battle, 15 are killed and nine, including the ringleaders Cunningham and William Johnston, are executed, with two subjected to gibbeting. Two men, John Burke and Bryan McCormack, are reprieved and detained at the Governor’s pleasure, seven are whipped with 200 or 500 lashes then allotted to the Coal River chain gang, while 23 others are sent to the Newcastle coal mines. Another 34 prisoners are placed in irons until they can be “disposed of.” It is not known whether some, or all of them, are sent to the Coal River. Of the remaining rebels, some are put on good behaviour orders against a trip to Norfolk Island, while the majority are pardoned and allowed to return to their places of employment as having been coerced into the uprising.

Cunningham, badly wounded but still alive, is court martialed under the martial law and hanged at the Commissariat Store at Windsor, which he had bragged he would burn down. Initially, military officers are intent on hanging a token number of those captured having convened a military court at the Whipping Green but this is quickly stopped by Governor Gidley King fearful of the repercussions.

Martial law is eventually lifted on March 10, 1804, but this does not end the insurgency. Irish plots continue to develop, keeping the Government and its informers vigilant, with military call out rehearsals continuing over the next three years. Governor King remains convinced that the real inspirers of revolt had kept out of sight. He had some suspects sent to Norfolk Island as a preventive measure.