FitzGerald is born on March 13, 1749, in Arlington Place, Piccadilly, London, the second son of nine sons and ten daughters of James Fitzgerald, 20th Earl of Kildare and later 1st Duke of Leinster, and his wife, Lady Emily Lennox. He is educated at Eton College (1758–63). He is the elder brother of the 1790s revolutionary Lord Edward FitzGerald, and is a first cousin of the English liberal politician Charles James Fox.
In November 1775, FitzGerald marries Emilia Olivia Usher, daughter of the 1st Baron Saint George and Elizabeth Dominick and sole grand daughter of Sir Christopher Dominick. They have three sons and six daughters.
In 1770, FitzGerald is chosen Grandmaster of the masonicGrand Lodge of Ireland, a post he holds for two years. He is re-elected for another year in 1777. In 1783, he is among the first knights in the newly created Order of St. Patrick.
In 1788–89, FitzGerald is Master of the Rolls in Ireland. In theory a senior judicial office, it is then largely a sinecure, but so blatant a choice of a man who is wholly unqualified for it gives rise to unfavourable comment, and a few years later it becomes the rule that the Master must be a lawyer of repute.
FitzGerald’s homes are at Carton and Kilkea Castle in County Kildare, and at Leinster House in Dublin (now the home of the Oireachtas). He is a founder member of the Order of St. Patrick in 1783 and of the Royal Irish Academy in 1785, and is a large investor in the Royal Canal company launched in 1790. His family’s estates of 60,000 acres (25,000 Ha) in Kildare are in three main parts, around Maynooth, Rathangan and Athy. He rebuilds the main bridge in Athy over the River Barrow.
FitzGerald dies of strangury, a urinary tract disorder, at Carton House on October 20, 1804. He is buried in Kildare Abbey. His funeral is so well attended that the mourners reach across The Curragh. He is succeeded by his second, but eldest surviving, son, Augustus Frederick Fitzgerald, as 3rd Duke of Leinster.
An Act for the better securing the dependency of the Kingdom of Ireland on the Crown of Great Britain (long title) is an Act passed by the Parliament of Great Britain which declares that it has the right to pass laws for the Kingdom of Ireland, and that the British House of Lords has appellate jurisdiction for Irish court cases. It becomes known as the Declaratory Act, and opponents in the Irish Patriot Party refer to it as the Sixth of George I, from the regnal year it is passed. Legal and political historians have also called it the Dependency of Ireland on Great Britain Act 1719 or the Irish Parliament Act, 1719. Prompted by a routine Irish lawsuit, it is aimed at resolving the long-running dispute between the British and the Irish House of Lords as to which is the final court of appeal from the Irish Courts. Along with Poynings’ Law, the Declaratory Act becomes a symbol of the subservience of the Parliament of Ireland, and its repeal is long an aim of Irish statesmen, which is finally achieved for Anglican Irish as part of the Constitution of 1782.
In 1709, the Irish Court of Exchequer hears a lawsuit between Maurice Annesley and his cousin Hester Sherlock over which of them have the right to possession of certain lands at Naas, County Kildare. The court finds in Annesley’s favour. Mrs. Sherlock appeals to the Irish House of Lords which upholds her appeal. Annesley then invokes the long-disputed jurisdiction of the British House of Lords to hear appeals from the Irish courts, and that house pronounces in his favour. The Court of Exchequer duly complies with the decree of the British House, but Mrs. Sherlock appeals again to the Irish house, which orders the Barons of the Exchequer to comply with its own decree and, when they refuse, imprison them for contempt of Court. The political uproar is out of all proportion to the importance of the lawsuit itself.
The bill has its second reading in the Commons on March 4, 1719, where it is chiefly opposed on the grounds that it appears to have no purpose beyond increasing the power of the House of Lords. Other objections include an argument that the preamble and the enacting section of the bill are contradictory, and that Ireland has historically had an independent judiciary. It is supported by Joseph Jekyll and Philip Yorke, and carries 140 votes to 83. It is then passed on March 26, 1719.
Section I of the Act notes that the Irish House of Lords had recently “assumed to themselves a Power and Jurisdiction to examine, correct and amend” judgements of the Irish courts, which it holds to be illegal. As such, it declares that the Kingdom of Ireland is subordinate to and dependent upon the British crown, and that the King, with the advice and consent of the Parliament of Great Britain, has “full power and authority to make laws and statutes of sufficient validity to bind the Kingdom and people of Ireland.” Section II declares that the House of Lords of Ireland has no jurisdiction to judge, affirm or reverse any judgement, sentence or decree made in any court within the Kingdom of Ireland, and that all proceedings before the House upon any such matter are declared to be null and void to all intents and purposes whatsoever.
The Irish House of Lords is understandably infuriated by the curtailment of its powers, and the Barons of the Exchequer, though they are soon released from custody, are subject to intense vilification. While many people think that the Irish House of Lords had brought about the crisis by its own high-handed behaviour, the “Sixth of George I” remains a source of grievance for decades.
In 1783 FitzGerald visits the West Indies before returning to Ireland, where his brother, William FitzGerald, 2nd Duke of Leinster, has procured Edward’s election to the Irish Parliament as an MP for Athy, a seat he holds until 1790. In Parliament he acts with the small Opposition Irish Patriot Party group led by Henry Grattan but takes no prominent part in debate. In the spring of 1786, he takes the then unusual step for a young nobleman of entering the Military College, Woolwich, after which he makes a tour through Spain in 1787. Dejected by unrequited love for his cousin Georgina Lennox, he sails for New Brunswick to join the 54th Regiment with the rank of Major.
In April 1789, guided by compass, FitzGerald traverses the country with a brother officer from Fredericton, New Brunswick to Quebec, falling in with Indians by the way, with whom he fraternizes. He accomplishes the journey in twenty-six days and establishes a shorter practicable route than that hitherto followed. The route crosses the extremely rugged and heavily forested northern part of the present state of Maine. In a subsequent expedition he is formally adopted at Detroit by the Bear clan of the Mohawk with the name “Eghnidal,” and makes his way down the Mississippi River to New Orleans, whence he returns to England.
Finding that his brother has procured his election for Kildare County, a seat he holds from 1790 to 1798, and desiring to maintain political independence, FitzGerald refuses the command of an expedition against Cádiz offered him by William Pitt the Younger and devotes himself for the next few years to the pleasures of society and to his parliamentary duties. He is on terms of intimacy with his first cousin Charles Fox, with Richard Sheridan and other leading Whigs. According to Thomas Moore, FitzGerald is only one of numerous suitors of Sheridan’s first wife, Elizabeth, whose attentions are received with favour. She conceives a child by him, a baby girl who is born on March 30, 1792.
His Whig connections, together with his transatlantic experiences, predisposed FitzGerald to sympathize with the doctrines of the French Revolution, which he embraces enthusiastically when he visits Paris in October 1792. He lodges with Thomas Paine and listens to the debates in the Convention. While in Paris, he becomes enamoured of a young girl named Pamela whom he chances to see at the theatre, and who has a striking likeness to Elizabeth Sheridan. On December 27, 1792, he and Pamela are married at Tournai, one of the witnesses being Louis Philippe, afterwards King of the French. In January 1793 the couple reaches Dublin.
Ireland is by then seething with dissent which is finding a focus in the increasingly popular and revolutionary Society of the United Irishmen, which has been forced underground by the outbreak of war between France and Britain in 1793. FitzGerald, fresh from the gallery of the Convention in Paris, returns to his seat in the Irish Parliament and immediately springs to their defence. Within a week of his return, he is ordered into custody and required to apologise at the bar of the House of Commons for violently denouncing in the House a government proclamation which Grattan had approved for the suppression of the United-Irish attempt to revive the Irish Volunteer movement with a “National Guard.” However, it is not until 1796 that he joins the United Irishmen, who by now have given up as hopeless the path of constitutional reform and whose aim, after the recall of Lord Fitzwilliam in 1795, is nothing less than the establishment of an independent Irish republic.
In May 1796 Theobald Wolfe Tone is in Paris endeavouring to obtain French assistance for an insurrection in Ireland. In the same month, FitzGerald and his friend Arthur O’Connor proceed to Hamburg, where they open negotiations with the Directory through Reinhard, French minister to the Hanseatic towns. The Duke of York, meeting Pamela at Devonshire House on her way through London with her husband, tells her that his plans are known and advises that he should not go abroad. The proceedings of the conspirators at Hamburg are made known to the government in London by an informer, Samuel Turner. The result of the Hamburg negotiations is Louis Lazare Hoche‘s abortive expedition to Bantry Bay in December 1796.
In September 1797 the Government learns from the informer Leonard McNally that FitzGerald is among those directing the conspiracy of the United Irishmen, which is now quickly maturing. Thomas Reynolds, converted from a conspirator to an informer, keeps the authorities posted in what is going on, though lack of evidence produced in court delays the arrest of the ringleaders. But on March 12, 1798, Reynolds’ information leads to the seizure of a number of conspirators at the house of Oliver Bond. FitzGerald, warned by Reynolds, is not among them.
As a fellow member of the Ascendancy class, the Government are anxious to make an exception for FitzGerald, avoiding the embarrassing and dangerous consequences of his subversive activities. They communicate their willingness to spare him from the normal fate meted out to traitors. FitzGerald however refuses to desert others who cannot escape, and whom he has himself led into danger. On March 30 the government proclamation of martial law authorising the military to act as they see fit to crush the United Irishmen leads to a campaign of vicious brutality in several parts of the country.
FitzGerald’s social position makes him the most important United Irish leader still at liberty. On May 9 a reward of £1,000 is offered by Dublin Castle for his apprehension. Since the arrests at Bond’s house, he has been in hiding. The date for the rising is finally fixed for May 23 and FitzGerald awaits the day hidden by Mary Moore above her family’s inn in Thomas Street, Dublin.
Tipped off that the house is going to be raided, Moore turns to Francis Magan, a Catholicbarrister and trusted sympathiser, who agrees to hide Fitzgerald. Making its way to Magan’s house on May 18, Fitzgerald’s party is challenged by Major Henry Sirr and a company of Dumbarton Fencibles. Moore escapes with Fitzgerald and takes him back to Thomas Street to the house of Nicholas Murphy.
Moore explains to Magan what had happened and, unbeknownst to her, Magan informs Dublin Castle. The Moore house is raided that day. Mary, running to warn the Leinster Directory meeting nearby in James’s Gate, receives a bayonet cut across the shoulders. That same evening Sirr storms Murphy’s house where FitzGerald is in bed suffering from a fever. Alerted by the commotion, he jumps out of bed and, ignoring the pleas of the arresting officers to surrender peacefully, he stabs one and mortally wounds the other with a dagger in a desperate attempt to escape. He is secured only after Major Sirr shoots him in the shoulder.
FitzGerald is conveyed to New Prison, Dublin where he is denied proper medical treatment. After a brief detention in Dublin Castle he is taken to Newgate Prison, Dublin where his wound, which has become infected, becomes mortally inflamed. His wife, whom the government probably has enough evidence to convict of treason, has fled the country, never to see her husband again, but FitzGerald’s brother Henry and his aunt Lady Louisa Conolly are allowed to see him in his last moments. He dies at the age of 34 on June 4, 1798, as the rebellion rages outside. He is buried the next day in the cemetery of St. Werburgh’s Church, Dublin. An Act of Attainder confiscating his property is passed as 38 Geo. 3 c. 77 but is eventually repealed in 1819.
Since the end of the Seven Years’ War in 1763, the British government has wished to increase the size of Irish regiments, the part of the British Army charged on the Irish exchequer rather than the British. In 1767, the Chatham Ministry appoints George Townshend, 4th Viscount Townshend, as Lord Lieutenant of Ireland and instructs him to secure the support of the Irish parliament for an Augmentation Bill to effect this increase. The British consider several possible concessions to win over the Irish Patriot Party, and at his speech from the throne, Townshend promises judicial tenure quamdiu se bene gesserint and hints at a Septennial Act.
Lucas again introduces heads of a Septennial Bill on October 20, 1767. Barry Maxwell introduces heads of a judicial tenure bill the same day. In November, the appointment of James Hewitt, 1st Baron Lifford, as Lord Chancellor of Ireland alienates the Undertakers who had hoped for the post. In addition, the British Privy Council adds a wrecking amendment to the judicial tenure bill, which causes the Irish parliament to reject the bill once returned to Dublin. The council also makes three amendments to Lucas’ bill – to the preamble, to extend the limit from seven to eight years, thus an Octennial Bill, and to bring forward the date of the next general election from 1774 to 1768. According to Francis Plowden, the Privy Council insists on the modification to eight years as a wrecking amendment, expecting that the Irish parliament will reject the bill on principle once any amendment has been made to it, and is disappointed when its amended bill is passed. William Edward Hartpole Lecky calls this “without foundation,” stating the actual reasons for eight years are that the Irish Parliament only meets every second year, and to reduce the chance of Irish and British general elections coinciding.
The Octennial Act reinvigorates the Commons, both with newly elected reformers and with MPs made more active by the prospect of imminent re-election. Changes include more assertiveness over supply bills and Poynings’ Law, easing the penal laws, and securing the Constitution of 1782. There are unsuccessful attempts to shorten the maximum duration, in 1773 by Sir William Parsons and in 1777 by Sir Edward Newenham.
Poynings’ Parliament is called by Sir Edward Poynings in his capacity as Lord Deputy of Ireland, appointed by King Henry VII of England in his capacity as Lord of Ireland. Coming in the aftermath of the divisive Wars of the Roses, Poynings’ intention is to make Ireland once again obedient to the English monarchy. Assembling the Parliament on December 1, 1494, he declares that the Parliament of Ireland is thereafter to be placed under the authority of the Parliament of England. This marks the beginning of Tudor direct rule in Ireland, although Henry VII is still forced to rely on Old English nobles (such as Gerald FitzGerald, 8th Earl of Kildare, despite his support for Lambert Simnel) as his deputies in Ireland through the intervening years.
The working of Poynings’ Law takes place in several steps. The first step is for the lieutenant governor and the Irish council, or Irish executive, to decide that a parliament is needed, usually for the purpose of raising funds. At this point the council and lieutenant write drafts of legislation to be proposed to the king and his council. After this has been completed, the lieutenant and council, according to the act, are required to certify the request for parliament “under the great seal of that land [Ireland],” and then forward it to England for approval. Once the request arrives in England, it is reviewed by the King and his council, and a formal licence approving the request for parliament and the draft bills are returned to Ireland. Once the licence is received in Ireland, the governor summons parliament and the bills are passed.
The two important aspects of the procedure presented by Poynings’ Law are transmission and certification. Both of these requirements place limits on various parties within the law-making process in Ireland. The combination of these processes creates a situation where bills can be sent, along with the request for parliament, and the king can amend and remove such bills as he wishes, however he cannot add new bills himself.
Furthermore, the two processes make it impossible for the Irish to add more bills or amendments to a request, after the initial licence request has been granted. This means that any additional bills or amendments that they wish to pass in parliament have to be re-sent along with an entirely new request for parliament. Clearly this creates severe inefficiencies in the legislative process and thus gives the executive in Ireland as well as the Crown an interest in relaxing procedure.
Poynings’ Law is a major rallying point for later groups seeking self-government for Ireland, particularly the Confederate Catholics in the 1640s and Henry Grattan‘s Patriot Party in the late 18th century, who consistently seek a repeal of Poynings’ Law. The Act remains in place until the Constitution of 1782 gives the Irish parliament legislative independence. The Acts of Union 1800 render most of the Constitution of 1782 and Poynings’ Law moot. Poynings’ Law is formally repealed as obsolete by the Statute Law Revision (Ireland) Act 1878.
Walter Hussey Burgh, Irish statesman, barrister, and judge, is born in Kildare on August 23, 1742. Burgh sits in the Irish House of Commons and is considered to be one of its outstanding orators. He serves briefly as Chief Baron of the Exchequer at the end of his life.
Burgh is the son of Ignatius Hussey of Donore House, near Naas, and his wife Elizabeth Burgh. Elizabeth is the daughter of the leading statesman and architect Colonel Thomas de Burgh, who designs some of the most notable Irish buildings of his era, including Trinity College Library. Walter adopts the surname Burgh as a condition for inheriting the Burgh estate at Drumkeen, County Limerick, from his uncle Richard Burgh.
Burgh is educated at Mr. Young’s school at Abbey Street in Dublin, and then at the University of Dublin, where he graduates Bachelor of Arts in 1762. He is an accomplished classical scholar and has some reputation a poet. After studying at the Temple, he is called to the Bar in 1769 and within a few years becomes one of its leaders. He enters the Irish House of Commons in the same year, sitting first for Athy, later for the University of Dublin.
In Parliament he is a close associate of Henry Grattan and a supporter of his “free trade” programme. He becomes legendary for his oratory in support of the Irish Patriot Party. At the same time he prides himself on his independence of mind, preferring not to pledge support for any particular policy until he has examined its merits. He acquires as his patron Philip Tisdall, the immensely influential Attorney-General for Ireland, who calls him “the most promising of the rising young men.” At Tisdall’s request Burgh is appointed Prime Serjeant in 1776. He resigns the office in 1779, in protest at the continuing restrictions on free trade, after making the celebrated “England has sown her laws as dragon’s teeth” speech. After the removal of the restrictions, he agrees to accept office again and is re-appointed Prime Serjeant in 1782. A month later he is appointed Chief Baron of the Irish Exchequer, but he dies the following year at the assizes in Armagh, reportedly from gaol fever.
seamus dubhghaill 