seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA

Tag Archives: Early Irish Law


by Leave a comment

Birth of Eoin MacNeill, Gaelic Revivalist, Nationalist & Politician

Eoin MacNeill, Irish scholar, Irish language enthusiast, Gaelic revivalist, nationalist and politician, is born John McNeill in Glenarm, County Antrim, on May 15, 1867.

MacNeill is one of five children born to Archibald McNeill, a Roman Catholic working-class baker, sailor and merchant, and his wife, Rosetta McNeill (née McAuley), also a Catholic. He is raised in Glenarm, an area which “still retained some Irish-language traditions.” His niece is nationalist and teacher, Máirín Beaumont.

MacNeill is educated at St. Malachy’s College and Queen’s College, Belfast. He is interested in Irish history and immerses himself in its study. He achieves a Bachelor of Arts degree in economics, jurisprudence and constitutional history in 1888, and then works in the British Civil Service.

MacNeill co-founds the Gaelic League in 1893, along with Douglas Hyde. He is unpaid secretary from 1893 to 1897 and then becomes the initial editor of the League’s official newspaper An Claidheamh Soluis (1899–1901). He is also editor of the Gaelic Journal from 1894 to 1899. In 1908, he is appointed professor of early Irish history at University College Dublin (UCD).

MacNeill marries Agnes Moore on April 19, 1898. The couple has eight children, four sons and four daughters (though the 1911 census entry for MacNeill notes eleven children, seven of whom are still alive).

The Gaelic League is from the start strictly non-political, but in 1915, a proposal is put forward to abandon that policy and become a semi-political organisation. MacNeill strongly supports this and rallies to his side a majority of delegates at the 1915 Oireachtas. Douglas Hyde, a non-political Protestant, who had co-founded the League and been its president for 22 years, resigns immediately afterward.

Through the Gaelic League, MacNeill meets members of Sinn Féin, the Irish Republican Brotherhood (IRB), and other nationalists and republicans. One such colleague, The O’Rahilly, runs the league’s newspaper An Claidheamh Soluis, and in October 1913 asks MacNeill to write an editorial for it on a subject broader than Irish language issues. He submits a piece called “The North Began,” encouraging the formation of a nationalist volunteer force committed to Irish Home Rule, much as the unionists had done earlier in the year with the Ulster Volunteers to thwart Home Rule in Ireland. In July 1915, he comments on the threat that the unarmed nationalists in Ulster might face: “…a demented…English driven Orange Army would be let loose upon the helpless Catholic people of Ulster, who would be driven out of the province or massacred where they stood.”

Bulmer Hobson, a member of the IRB, approaches MacNeill about bringing the idea to fruition, and, through a series of meetings, MacNeill becomes chair of the council that forms the Irish Volunteers, later becoming its chief of staff. Unlike the IRB, he is opposed to the idea of an armed rebellion, except in resisting any suppression of the Volunteers, seeing little hope of success in open battle against the British army.

The Irish Volunteers have been infiltrated by the Irish Republican Brotherhood, which plan on using the organisation to stage an armed rebellion, to separate Ireland from the United Kingdom and establishing an Irish Republic. The entry of the UK into World War I is, in their view, a perfect opportunity to do that. With the cooperation of James Connolly and the Irish Citizen Army, a secret council of IRB officials plan a general rising at Easter 1916. On the Wednesday before Easter, they present MacNeill with a letter, allegedly stolen from high-ranking British staff in Dublin Castle, indicating that the British are going to arrest him and all the other nationalist leaders. Unbeknownst to MacNeill, the letter—called the Castle Document—is a forgery.

When MacNeill learns about the IRB’s plans, and when he is informed that Roger Casement is about to land in County Kerry with a shipment of German arms, he is reluctantly persuaded to go along with them, believing British action is now imminent and that mobilization of the Irish Volunteers will be justified as a defensive act. However, after learning that the German arms shipment has been intercepted and Casement arrested, and having confronted Patrick Pearse, who refuses to relent, MacNeill countermands the order for the Rising by sending written messages to leaders around the country, and placing a notice in the Sunday Independent cancelling the planned “manoeuvres.” This greatly reduces the number of volunteers who report for duty on the day of the Easter Rising.

Pearse, Connolly and the others agree that the uprising will go ahead anyway, but it begins one day later than originally intended to ensure that the authorities are taken by surprise. Beginning on Easter Monday, April 24, 1916, the Rising lasts less than a week. After the surrender of the rebels, MacNeill is arrested although he has taken no part in the insurrection. The rebel leader Tom Clarke, according to his wife Kathleen, warns her on the day before his execution, “I want you to see to it that our people know of his treachery to us. He must never be allowed back into the National life of this country, for so sure as he is, so sure will he act treacherously in a crisis. He is a weak man, but I know every effort will be made to whitewash him.”

MacNeill is released from prison in 1917 and is elected Member of Parliament (MP) for the National University and Londonderry City constituencies for Sinn Féin in the 1918 United Kingdom general election. In line with abstentionist Sinn Féin policy, he refuses to take his seat in the British House of Commons in London and sits instead in the newly convened Dáil Éireann in Dublin, where he is made Secretary for Industries in the second ministry of the First Dáil. He is a member of the Parliament of Northern Ireland for Londonderry between 1921 and 1925, although he never takes his seat. In 1921, he supports the Anglo-Irish Treaty. In 1922, he is in a minority of pro-Treaty delegates at the Irish Race Convention in Paris. Following the establishment of the Irish Free State, he becomes Minister for Education in its second (provisional) government, the third Dáil. He strongly supports the execution of Richard Barrett, Liam Mellows, Joe McKelvey and Rory O’Connor during the Irish Civil War.

In 1923, MacNeill, a committed internationalist, is also a key member of the diplomatic team that oversees Ireland’s entry to the League of Nations.

MacNeill’s family is split on the treaty issue. One son, Brian, takes the anti-Treaty side and is killed in disputed circumstances near Sligo by Free State troops during the Irish Civil War in September 1922. Two other sons, Niall and Turloch, as well as nephew Hugo MacNeill, serve as officers in the Free State Army. One of his brothers, James McNeill, is the second and penultimate Governor-General of the Irish Free State.

In 1924, the three-man Irish Boundary Commission is set up to settle the border between Northern Ireland and the Irish Free State. MacNeill represents the Irish Free State. He is the only member of the Commission without legal training and has been described as being “pathetically out of his depth.” However, each of the Commissioners is selected out of political expediency rather than for any established competence or insight into boundary making. On November 7, 1925, a conservative British newspaper, The Morning Post, publishes a leaked map showing a part of eastern County Donegal (mainly The Laggan district) that is to be transferred to Northern Ireland, the opposite of the main aims of the commission. Perhaps embarrassed by that, especially since he said that it had declined to respect the terms of the Treaty, MacNeill resigns from the commission on November 20. Hus performance in the Boundary Commission has been deemed highly negative in a 2025 study The Root of All Evil: The Irish Boundary Commission.

On November 24, 1925, MacNeill also resign as Minister for Education, a position unrelated to his work on the commission.

On December 3, 1925, the Free State government agrees with the governments in London and Belfast to end its onerous treaty requirement to pay its share of the United Kingdom’s “imperial debt” and, in exchange, agrees that the 1920 boundary will remain as it is, overriding the commission. This angers many nationalists and MacNeill is the subject of much criticism, but in reality, he and the commission have been sidestepped by the intergovernmental debt renegotiation. In any case, despite his resignations, the intergovernmental boundary deal is approved by a Dáil vote of 71–20 on December 10, 1925, and MacNeill is listed as voting with the majority in favour. He loses his Dáil seat at the June 1927 Irish general election.

MacNeill is an important scholar of Irish history and among the first to study Early Irish law, offering both his interpretations, which at times are coloured by his nationalism, and translations into English. He is also the first to uncover the nature of succession in Irish kingship, and his theories are the foundation for modern ideas on the subject.

MacNeill is a contributor to the Royal Irish Academy‘s Clare Island Survey, recording the Irish place names of the island. His disagreements and disputes with Goddard Henry Orpen, particularly over the latter’s book Ireland under the Normans, generate controversy.

MacNeill is President of the Royal Society of Antiquaries of Ireland (RSAI) from 1937 to 1940 and President of the Royal Irish Academy (RIA) from 1940 to 1943.

MacNeill retires from politics completely and becomes Chair of the Irish Manuscripts Commission. In his later years he devotes his life to scholarship and publishes several books on Irish history. He dies in Dublin of natural causes, aged 78, on October 15, 1945. He is buried in Kilbarrack Cemetery.

MacNeill’s grandson Michael McDowell serves as Tánaiste, Minister for Justice, Equality and Law Reform, TD and a Senator. Another grandson, Myles Tierney, serves as a member of Dublin County Council, where he is Fine Gael whip on the council.


by Leave a comment

The Popery Act 1704 Receives Royal Assent

An Act to prevent the further Growth of Popery, commonly known as the Popery Act or the Gavelkind Act, is an act of the Parliament of Ireland that receives royal assent on March 4, 1704. It is designed to suppress Roman Catholicism in Ireland (“Popery“). William Edward Hartpole Lecky calls it the most notorious of the Irish Penal Laws.

Inheritance in traditional Irish law uses gavelkind, whereby an estate is divided equally among a dead man’s sons. In contrast, English common law uses male primogeniture, with the eldest son receiving the entire estate. The 1704 act enforces gavelkind for Catholics and primogeniture for Protestants.

Two separate bills “to prevent the further Growth of Popery” are introduced in the parliamentary session of 1703–04. One originates with the Privy Council of Ireland and is referred on July 4, 1703, to the Attorney-General for Ireland. The other is introduced as heads of a bill in the Irish House of Commons on September 28, 1703, and is sent to the Lord Lieutenant of Ireland on November 19. Under Poynings’ Law, both bills are transmitted to the Privy Council of England for approval. Formally, one bill is vetoed, and the other is returned to Dublin with amendments. A lack of surviving documentation makes it impossible to determine which of the two has which fate. The approved bill is engrossed on January 20, 1704, presented in the Commons on February 14, sent to the Irish House of Lords on February 25, and given royal assent on March 4.

Sir Theobald “Toby” Butler, the former Solicitor-General for Ireland, a Roman Catholic, makes a celebrated speech at the bar of the Commons denouncing the act as being “against the laws of God and man… against the rules of reason and justice.” Other eminent Catholic lawyers like Stephen Rice also denounce the measure but to no avail.

Charles Ivar McGrath says that while the Popery Act has “evident … negative effects,” specific research is lacking, and that it is intended more to prevent an increase in Catholic landholding than encourage further decrease. The Catholic share of land had already fallen from 60% before the Irish Rebellion of 1641 to 22% before the Williamite War in Ireland to 14% in 1704. The figure of 5% in 1776 given in Arthur Young‘s Tour in Ireland is probably an underestimate, although in 1778 only 1.5% of rent is paid to Catholics.

Catholic gavelkind cements a tradition of farm subdivision, which persists beyond the act’s repeal and contributes to the Great Famine of the 1840s.

The act is “explained and amended” by a 1709 act, 8 Anne c. 3 (I), which specifies certain time limits left ambiguous by the original act, and closes some loopholes used by Catholics to remain beneficial owners of nominally Protestant property.

A 1719 act, 6 Geo. 1. c. 9 (I), indemnifies officials who have not hitherto subscribed to the oath required by the Popery Act. The time period for Dissenters subscribing to the oath is routinely extended, initially by an Indemnity Act at the start of each biennial parliamentary session. Similar acts are passed by the British parliament, and after the union the UK parliament continues the practice.

From the late 18th century Roman Catholic relief bills ease the Penal Laws, by explicit or implicit repeal and replacement. In 1772, Catholics are allowed to lease up to fifty Irish acres of bog-land for up to 61 years. The 1704 oath of allegiance for Catholics is replaced in 1774. Gardiner’s Act, the Leases for Lives Act 1777, implicitly repeals many other provisions of the 1704 act. Some are replaced with less onerous restrictions. The sacramental test is repealed for Dissenters in 1780. The Roman Catholic Relief Act 1782 repeals section 23 of the 1704 act. Another act of 1782 allows lay Catholics to be guardians of Protestants. Most restrictions on intermarriage are removed by the Roman Catholic Relief Act 1792. Many Penal Laws are repealed in general terms by the Roman Catholic Relief Act 1793. The sacramental test for Catholics is effectively replaced by the 1774 oath.

The Roman Catholic Relief Act 1829 abolishes the declaration against transubstantiation and specifies a new public oath for Catholics, explicitly permitting Catholics to hold Irish civil or military offices other than Lord Lieutenant and Lord Chancellor of Ireland, with the same oaths as required of non-Catholics (in addition to the new Catholic oath).

The Criminal Law Commission‘s 1845 report on oaths says sections 1, 3, and 6 of the 1704 act have fallen into disuse and should be repealed. The Religious Disabilities Act 1846, passed in consequence of the committee’s report, explicitly repeals provisions of sections 1, 3, and 4 of the 1704 act.

The Popery Act is explicitly repealed as obsolete by the Promissory Oaths Act 1871, with the exception of section 25, which is made redundant by the coming into force in 1871 of the Irish Church Act 1869 and is repealed by the Statute Law Revision (Ireland) Act 1878.


by Leave a comment

The Flight of the Earls

On September 4, 1607, Hugh O’Neill, Earl of Tyrone, and Rory O’Donnell, 1st Earl of Tyrconnell, and about ninety followers depart from Lough Swilly for the European continent. It is known in Irish history as the “Flight of the Earls.” Their permanent exile is a watershed event in Irish history, symbolizing the end of the old Gaelic order.

After the defeat at the Siege of Kinsale in 1601, Hugh Roe O’Donnell of Tyrconnell travels to Spain to seek support from Philip III. Unsuccessful, he dies in Spain and is succeeded by his younger brother Rory O’Donnell.

The O’Neills and O’Donnells retain their lands and titles, although with much-diminished extent and authority. However, the countryside is laid bare in a campaign of destruction in 1602, which induces famine in 1603. Hugh O’Neill, Earl of Tyrone, is pardoned under the terms of the Treaty of Mellifont in March 1603 and submits to the crown.

When King James VI and I takes the English throne in 1603, he quickly proceeds to issue pardons for the Irish lords and their rebel forces. Already reigning as king of Scotland, he has a better understanding of the advantages from working with local chiefs in the Scottish Highlands. However, as in other Irish lordships, the 1603 peace involves O’Neill losing substantial areas of land to his cousins and neighbors, who would be granted freeholds under the English system, instead of the looser arrangements under the former Brehon law system. This is not a new policy but is a well-understood and longstanding practice in the Tudor conquest of Ireland.

On September 10, 1602, the Prince of Tyrconnell has already died, allegedly assassinated, in Spain, and his brother succeeds him as 25th Chieftain of the O’Donnell clan. He is later granted the Earldom of Tyrconnell by King James I on September 4, 1603, and restored to a somewhat diminished scale of territories in Tyrconnell on February 10, 1604.

In 1605, the new Lord Deputy of Ireland, Sir Arthur Chichester, begins to encroach on the former freedoms of the two Earls and The Maguire, enforcing the new freeholds, especially that granted in North Ulster to the O’Cahan chief. The O’Cahan had formerly been important subjects of the O’Neills and required protection; in turn, Chichester wants to reduce O’Neill’s authority. O’Cahan has also wanted to remove himself from O’Neill’s overlordship. An option is to charge O’Neill with treason if he does not comply with the new arrangements. The discovery of the Gunpowder Plot in the same year makes it harder for Catholics to appear loyal to both the crown and the papacy. A lengthy legal battle however finds in O’Neill’s favor.

By 1607, O’Neill’s allies the Maguires and the Earl of Tyrconnell are finding it hard to maintain their prestige on lower incomes. They plan to seek Spanish support before news of the Battle of Gibraltar arrives. When their ship drops anchor, O’Neill seems to have joined them on impulse. He had three options:

  • Flee with his friends and hope for a reinvasion by Spain
  • Go to London and stay at court until his grievances are redressed
  • Do nothing and live on a reduced income as a large landowner in Ulster

Fearing arrest, they choose to flee to Continental Europe, where they hope to recruit an army for the invasion of Ireland with Spanish help. However, earlier in 1607 the main Spanish fleet in Europe had been defeated by the Dutch in the Battle of Gibraltar. But the oft-repeated theory that they are all about to be arrested contradicts writer Tadhg Ó Cianáin, the main historical source on the Flight, who says at the start of his account that O’Neill heard news of the ship anchored at Rathmullen on Thursday September 6, and “took his leave of the Lord Justice (Chichester) the following Saturday.” They had been meeting at Slane for several days, and there is no proof that warrants for his arrest have been drawn up, nor is it a hurried departure.

Also, as the Anglo-Spanish War (1585–1604) has been ended by the Treaty of London in 1604, King Philip III of Spain wants to remain at peace with England under its new Stuart dynasty. As a part of the peace proposals, a Spanish princess is to marry James’ son, Henry, though this never happens. Spain had also gone bankrupt in 1598. Tyrone ignores all these realities, remains in Italy, and persists with his invasion plan until his death in exile in 1616.

The earls set sail from Rathmullan, a village on the shore of Lough Swilly in County Donegal, with some of the leading Gaelic families in Ulster. Several leave their wives behind, hoping either to return or retrieve them later. They travel down Lough Swilly on a French ship. Their departure is the end of the old Gaelic order, in that the earls are descended from Gaelic clan dynasties that had ruled their parts of Ulster for centuries. They finally reach the Continent on October 4, 1607.

Their destination is Spain, but they disembark in France. The party proceeds overland to Spanish Flanders, some remaining in Leuven, while the main party continues to Italy. Tadhg Ó Cianáin subsequently describes the journey in great detail. While the party is welcomed by many important officials in the Spanish Netherlands, he makes no mention of any negotiations or planning between the earls and the Spanish to start a new war to regain the earls’ properties.

James I soon plants the O’Neill and O’Donnell lands with Protestant settlers, helping to sow the seeds of the present “Troubles.” O’Donnell dies in Rome in 1608 and O’Neill dies there also in 1616.

Ó Cianáin’s diary is important as the only continuous and contemporaneous account of the Flight. Its original title, Turas na dTaoiseach nUltach as Éirinn – the departure of the Chiefs of Ulster from Ireland – has been changed since the creation of the more dramatic phrase “Flight of the Earls” to the latter’s modern literal translation, Imeacht na nIarlaí.

The Flight of the Earls is a watershed event in Irish history, as the ancient Gaelic aristocracy of Ulster goes into permanent exile. Despite their attachment to and importance in the Gaelic system, the Earls’ ancestors had accepted their Earldoms from the English-run Kingdom of Ireland in the 1540s, under the policy of surrender and regrant. Some historians argue that their flight is forced upon them by the fallout from the Tudor conquest of Ireland, while others that it is an enormous strategic mistake that clears the way for the Plantation of Ulster.

From 1616, a number of bards outside Ulster have a poetic debate in the “Contention of the bards” and one of the arguments celebrates King James’s Gaelic-Irish Milesian ancestry through Malcolm III of Scotland. So, it is debatable whether the Gaelic order has ended or is evolving.

(Pictured: A bronze sculpture commemorating the Flight in Rathmullan, County Donegal)


by Leave a comment

Death of Philologist Eugene O’Curry

eugene-ocurry

Eugene O’Curry, philologist and antiquary, dies of a heart attack in Dublin on July 30, 1862.

O’Curry is born at Doonaha, near Carrigaholt, County Clare, the son of Eoghan Ó Comhraí, a farmer, and his wife Cáit. Eoghan has spent some time as a traveling peddler and has developed an interest in Irish folklore and music. Unusual for someone of his background, he is literate and is known to possess a number of Irish manuscripts. It is likely that Eoghan is primarily responsible for his son’s education.

Having spent some years working on his father’s farm and as a school teacher, O’Curry moves to Limerick in 1824 and spends seven years working there at a psychiatric hospital. He marries Anne Broughton, daughter of John Broughton of Killaderry near Broadford, County Limerick on October 3, 1824. He is a supporter of Catholic emancipation and in 1828 writes a poem congratulating Daniel O’Connell on his election as an MP.

During this period O’Curry is establishing a reputation for his knowledge of the Irish language and Irish history, and, by 1834, is in correspondence with the antiquary John O’Donovan. He is employed, from 1835 to 1842, on O’Donovan’s recommendation, in the topographical and historical section of Ordnance Survey Ireland. O’Donovan goes on to marry O’Curry’s sister-in-law, Mary Anne Broughton, in 1840. O’Curry spends much of the remainder of his life in Dublin and earns his living by translating and copying Irish manuscripts. The catalogue of Irish manuscripts in the British Museum (1849) is compiled by him for a fee of £100. He is responsible for the transcripts of Irish manuscripts from which O’Donovan edits the Annals of the Four Masters between 1848 and 1851.

In 1851 O’Curry is elected a member of the Royal Irish Academy and, on the founding of the Catholic University of Ireland in 1854, he is appointed professor of Irish history and archaeology. He works with George Petrie on the Ancient Music of Ireland (1855). In 1852, he and O’Donovan propose the Dictionary of the Irish Language, which is eventually begun by the Royal Irish Academy in 1913 and finally completed in 1976.

O’Curry’s lectures are published by the university in 1860, and give a better knowledge of Irish medieval literature than can be obtained from any other one source. Three other volumes of lectures are published posthumously, under the title On the Manners and Customs of the Ancient Irish (1873). His voluminous transcripts, notably eight huge volumes of early Irish law, testify to his unremitting industry. The Celtic Society, of the council of which he is a member, publishes two of his translations of medieval tales.

Eugene O’Curry dies of a heart attack at his home in Dublin on July 30, 1862, and is survived by two sons and two daughters. He is buried at Glasnevin Cemetery in Dublin. O’Curry Road in the Tenters area of Dublin 8 is named in his honour.