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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.


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William Conolly Resigns as Speaker of the Irish House of Commons

William Conolly, Irish politician, Commissioner of Revenue, lawyer and landowner also known as Speaker Conolly, resigns as Speaker of the Irish House of Commons on October 13, 1729, on grounds of ill health. Sir Ralph Gore is elected unanimously in his place. His name is spelled Conolly rather than the more familiar Connolly, derived ultimately from the Gaelic surname “Ó Conghalaigh.”

Conolly is born on April 9, 1662, in Ballyshannon, County Donegal, the son of an innkeeper, Patrick Conolly. His father is a native of County Monaghan, and a descendant of the Ó Conghalaigh clan of Airgíalla, who settles in County Donegal, embraces the Anglican Church, and has children William, Patrick, Hugh, Phelim and Thady. His father sets aside enough money that he is able to send Conolly to Dublin to study law. He qualifies as an attorney in 1685, aged twenty-three.

Conolly practises as a lawyer in Dublin and in 1694 he marries Katherine Conyngham, daughter of General Sir Albert Conyngham. The Conynghams are an Ulster Scots family who are originally from Mountcharles in County Donegal. The family later settles at Slane Castle in County Meath in the 1780s, where the Conynghams still reside. They have no children, and on Katherine’s death in 1752 the estates are inherited by William James Conolly, his nephew by his brother Patrick.

Conolly makes his fortune from land transfers, following the confiscations by the Crown of lands belonging to supporters of King James II, in the wake of the Glorious Revolution and the accession of William III and Mary II in 1688–91, known as the “Williamite War in Ireland.” About 600,000 Irish acres are confiscated to be sold to pay for the costs of the war, nearly 5% of the land area of Ireland. Conolly is the largest individual buyer, in particular buying 3,300 acres in County Meath that had been assigned to the Earl of Albemarle.

Conolly builds the first winged Palladian house in Ireland, Castletown House in Celbridge, County Kildare, starting in 1722, and specifies that every part of it has to be made from Irish materials. His Dublin townhouse is on Capel Street, then the most fashionable part of the city. He also commissions the former Customs House (now the site of the Clarence Hotel) and the Irish Houses of Parliament, the world’s first building specifically designed as a bicameral parliament.

Conolly is the most important of the “Undertakers,” the managers of Government business in the Irish House of Commons, in the early 18th century. He is associated with the moderate faction of Whigs and is opposed by the Brodrick faction from Cork. He is a Member of Parliament for Donegal Borough from 1692 to 1703 and subsequently for Londonderry County until his death in 1729. In 1703 and 1713, he is also elected for Newtown Limavady and in 1727 for Ballyshannon but chooses each time not to sit.

Conolly is Speaker of the Irish House of Commons and a Commissioner of the Revenue from 1715 to his death in 1729. He is re-elected as Speaker of the House of Commons in the first session of George II‘s parliament and continues to serve until he collapses in the Commons on September 26, 1729. He is eventually persuaded to resign the Speaker’s chair on October 13, and he dies at his house in Capel Street, Dublin, on October 30. He is buried in Celbridge following a spectacular public funeral, which sees the beginnings of the custom of mourners wearing linen scarves to promote the Irish linen industry.

On his death, the Archbishop of Armagh, Hugh Boulter, estimates Conolly’s income in 1729 at £17,000 p.a. His widow Katherine continues to live in style at Castletown until her death in 1752. She builds the Wonderful Barn and the Conolly Folly in the 1740s. Then their estates pass briefly to William’s nephew William junior, and then on to his great-nephew Thomas Conolly M.P., known as “Squire Tom,” who is married to Lady Louisa Conolly.

A pub in Celbridge, The Speaker’s Bar, is named in his memory. There is also a pub in Firhouse, Dublin, called The Speaker Conolly named after him.