Maolra Seoighe (English: Myles Joyce), is an Irish man who is wrongfully convicted and hanged on December 15, 1882. He is found guilty of the Maumtrasna Murders and is sentenced to death. Though he can only speak Irish, the case is heard in English without any translation service. He is posthumously pardoned in 2018.
Seoighe is the most prominent figure in a controversial trial in 1882 that takes place while Ireland is part of the United Kingdom. Three Irish language speakers are condemned to death for the murder of a local family (John Joyce, his wife Brighid, his mother Mairéad, his daughter Peigí and son Mícheál) in Maumtrasna, on the border between County Mayo and County Galway. It is presumed by the authorities to be a local feud connected to sheep rustling and the Land War. Eight men are convicted on what turns out to be perjured evidence and three of them condemned to death: Maolra Seoighe (a father of five children), Pat Casey and Pat Joyce.
Covering the incident, The Spectator writes the following:
“The Tragedy at Maumtrasna, investigated this week in Dublin, almost unique as it is in the annals of the United Kingdom, brings out in strong relief two facts which Englishmen are too apt to forget. One is the existence in particular districts of Ireland of a class of peasants who are scarcely civilised beings, and approach far nearer to savages than any other white men; and the other is their extraordinary and exceptional gloominess of temper. In remote places of Ireland, especially in Connaught, on a few of the islands, and in one or two mountain districts, dwell cultivators who are in knowledge, in habits, and in the discipline of life no higher than Maories or other Polynesians.”
The court proceedings are carried out in a language the accused do not understand (English), with a solicitor from Trinity College Dublin (TCD), who does not speak Irish. The three are executed in Galway by William Marwood for the crime in 1882. The role of John Spencer, 5th Earl Spencer, who is then Lord Lieutenant of Ireland, is the most controversial aspect of the trial, leading most modern scholars to characterise it as a miscarriage of justice. Research carried out in The National Archives by Seán Ó Cuirreáin, has found that Spencer “compensated” three alleged eyewitnesses to the sum of £1,250, equivalent to €157,000 (by 2016 rates).
As of 2016, nobody has issued an apology or pardon for the executions, though the case has been periodically taken up by various political figures. The then MP for Westmeath, Timothy Harrington, takes up the case, claiming that the Crown Prosecutor for the case George Bolton, had deliberately withheld evidence from the trial. In 2011, two sitting members of the House of Lords, the Liberal Democrat life peers David Alton and Eric Lubbock, request a review of the case. Crispin Blunt, ToryParliamentary Under-Secretary of State for Prisons and Youth Justice, states that Seoighe was “probably an innocent man,” but he does not seek an official pardon.
Seoighe’s final words are: “Feicfidh mé Iosa Críost ar ball beag – crochadh eisean san éagóir chomh maith. … Ara, tá mé ag imeacht … Go bhfóire Dia ar mo bhean agus a cúigear dílleachtaí.” (I will be seeing Jesus Christ soon – he too was also unjustly hanged … I am leaving … the blessings of God on my wife and her five orphans.)
On April 4, 2018, Michael D. Higgins, the President of Ireland, issues a pardon on the advice of the government of Ireland saying “Maolra Seoighe was wrongly convicted of murder and was hanged for a crime that he did not commit”. It is the first presidential pardon relating to an event predating the foundation of the state in 1922 and the second time a pardon has been issued after an execution. Seoighe’s case is not an isolated one, and there are strong similarities with the case of Patrick Walsh who was hanged in the Galway jail on September 22, 1882, just three months before Seoighe for the murders of Martin and John Lydon. The same key players and political factors are active in both cases and his conviction is just as questionable as that of Seoighe.
In September 2009, the story is featured on RTÉ‘s CSI programme under an episode entitled CSI Maamtrasna Massacre. A dramatised Irish language film regarding the affair, entitled Murdair Mhám Trasna, produced by Ciarán Ó Cofaigh is released in 2017.
Byrne is born on November 23, 1900, in the National Maternity Hospital, Holles Street, Dublin, the elder among one son and one daughter of Vincent Byrne, carpenter, of 33 Denzille Street (now Fenian Street), and his wife Margaret (née White). By 1911 the family is living with maternal relatives at 1 Anne’s Lane. Educated at St. Andrew’s national school, Westland Row, he is apprenticed as a cabinet maker under Thomas Weafer, a company captain in the Irish Volunteers, who is subsequently killed in the 1916 Easter Rising. At the age of fourteen, he joins the Irish Volunteers in January 1915, and is posted to the 2nd Battalion of the Dublin Brigade. His training includes lectures on street fighting by James Connolly. During the 1916 rising he serves with the 2nd Battalion in Jacob’s biscuit factory under Thomas MacDonagh. At the surrender he is slipped out a factory window to safety by a priest who is acting as an intermediary. Arrested in his home a week later, he is held in Richmond Barracks with other youngsters, all of whom are released after an additional week. Active in the post-rising reorganisation of the Dublin Brigade, he claims to have voted twenty times for Sinn Féin candidates in the 1918 United Kingdom general election in Ireland.
In November 1919, Byrne is recruited to an elite counter-intelligence squad of the Dublin Brigade, whose primary mission is the assassination of plainclothes detectives of the Dublin Metropolitan Police’s (DMP) political (‘G’) division. He participates in the attempted ambush of the Lord Lieutenant of Ireland, John French, at Ashtown, Dublin, on December 19, 1919, a combined operation of the Dublin and the 3rd Tipperary brigades. In March 1920, he leaves his civilian employment with the Irish Woodworkers, Crow Street, when the squad is constituted as a full-time, paid, GHQ guard, under direct orders from Michael Collins. Dubbed “The Twelve Apostles,” the squad also includes James Slattery, a workmate of Byrne since their apprenticeships. For the duration of the Irish War of Independence, Byrne takes part in the stakeouts and killings of police detectives and military intelligence agents. His witness statement to the Bureau of Military History recounts his participation in some fifteen such operations. On Bloody Sunday he commands an IRA detail that kills two of the “Cairo Gang“ agents in their boarding house at 38 Upper Mount Street on November 21, 1920. He takes part in The Custom House raid on May 25, 1921.
Owing largely to his devoted allegiance to Collins, Byrne supports the Anglo–Irish Treaty of December 1921, regarding it as a stepping stone to complete independence. Enlisting in the National Army, he serves in the Dublin Guard. Promoted five times from January 1922 to February 1923, he rises in rank from company sergeant to commandant. He is OC of the guard at the handover of Dublin Castle from British to Irish authority on January 16, 1922. During ensuing months he commands guard details at government buildings and the Bank of Ireland, College Green, Dublin. In March 1922, he foils an attempt by Anti-Treaty forces to seize the bank with the aid of mutinous soldiers within the building’s guard. Having displayed courage and presence of mind throughout the incident, he is promoted captain in the field. Resenting the role given to ex-British-army officers in the National Army, and feeling that the political elite of the Free State are betraying the national interest, he is among the group of officers involved in the failed army mutiny of 1924, and accordingly is forced to resign his commission on March 21. He then works as a carpenter on the industrial staff of the Office of Public Works (OPW), and in the post office stores, St. John’s Road, Kilmainham, Dublin, until his retirement.
Byrne is a founding member of both the Association of Dublin Brigades and the 1916–1921 Club. Long lived, and a willing raconteur with a colourful turn of phrase, he becomes probably the best known of Collins’s squad (of which he is the last surviving member), granting many interviews to journalists and historians. He expresses no misgivings about his role as a revolutionary hit man, arguing the necessity of the ruthless methods employed, which deterred potential informers, and eventually won the struggle by crippling British intelligence.
Byrne lives in Dublin at 59 Blessington Street, and later at 227 Errigal Road, Drimnagh. His last address is 25 Lein Road, Artane. His wife Eileen predeceases him. He dies on December 13, 1992, survived by two daughters and one son. He is buried at Balgriffin Cemetery, Balgriffin, County Dublin.
(From: “Byrne, Vincent (‘Vinnie’)” by Lawrence William White and Pauric J. Dempsey, Dictionary of Irish Biography, http://www.dib.ie, October 2009)
Humbert crosses the River Shannon at Ballintra Bridge on September 7, destroying it behind them, and continues to Drumshanbo where they spend the night – halfway between his landing-point and Dublin. News reaches him of the defeat of the Westmeath and Longford rebels at Wilson’s Hospital School at Multyfarmham and Granard from the trickle of rebels who have survived the slaughter and reached his camp. With Cornwallis’ huge force blocking the road to Dublin, facing constant harassment of his rearguard and the pending arrival of General Gerard Lake‘s command, Humbert decides to make a stand the next day at the townland of Ballinamuck on the Longford/Leitrim county border.
Humbert faces over 12,000 Irishmen and English forces. General Lake is close behind with 14,000 men, and Cornwallis is on his right at Carrick-on-Shannon with 15,000. The battle begins with a short artillery duel followed by a dragoon charge on exposed Irish rebels. There is a brief struggle when French lines are breached which only ceases when Humbert signals his intention to surrender and his officers order their men to lay down their muskets. The battle lasts little more than an hour.
While the French surrender is being taken, the 1,000 or so Irish allies of the French under Colonel Bartholomew Teeling, an Irish officer in the French army, hold onto their arms without signaling the intention to surrender or being offered terms. An attack by infantry followed by a dragoon charge breaks and scatters the Irish who are pursued into a bog where they are either bayoneted or drowned.
A total of 96 French officers and 746 men are taken prisoner. British losses are initially reported as 3 killed and 16 wounded or missing, but the number of killed alone is later reported as twelve. Approximately 500 French and Irish lay dead on the field. Two hundred Irish prisoners are taken in the mopping-up operations, almost all of whom are later hanged, including Matthew Tone, brother of Wolfe Tone. The prisoners are moved to the Carrick-on-Shannon Gaol. The French are given prisoner or war status however the Irish are not and some are hanged and buried in St. Johnstown, today known as Ballinalee, where most are executed in a field that is known locally as Bully’s Acre.
Humbert and his men are transported by canal to Dublin and exchanged for British prisoners of war. Government forces subsequently slowly spread out into the rebel-held “Irish Republic,” engaging in numerous skirmishes with rebel holdouts. These sweeps reach their climax on September 23 when Killala is captured by government forces. During these sweeps, suspected rebels are frequently summarily executed while many houses thought to be housing rebels are burned. French prisoners of war are swiftly repatriated, while United Irishmen rebels are executed. Numerous rebels take to the countryside and continue guerrilla operations, which take government forces some months to suppress. The defeat at Ballinamuck leaves a strong imprint on Irish social memory and features strongly in local folklore. Numerous oral traditions are later collected about the battle, principally in the 1930’s by historian Richard Hayes and the Irish Folklore Commission.
(Pictured: Watercolour plan by an I. Hardy of the Battle of Ballinamuck in County Longford on September 8, 1798, showing position of the English & French Armies previous to the surrender of the latter at Balinamuck)
The Royal Irish Constabulary (RIC), the police force in Ireland from 1822 until 1922, when all of the island was part of the United Kingdom, is disbanded on August 17, 1922, and replaced by the Garda Síochána.
A separate civic police force, the unarmed Dublin Metropolitan Police (DMP), patrols the capital and parts of County Wicklow, while the cities of Derry and Belfast, originally with their own police forces, later have special divisions within the RIC. For most of its history, the ethnic and religious makeup of the RIC broadly matches that of the Irish population, although Anglo-IrishProtestants are overrepresented among its senior officers.
The Peace Preservation Act 1814, for which Sir Robert Peel is largely responsible, and the Irish Constabulary Act 1822 forms the provincial constabularies. The 1822 act establishes a force in each province with chief constables and inspectors general under the United Kingdom civil administration for Ireland controlled by the Dublin Castle administration.
The RIC’s existence is increasingly troubled by the rise of the Home Rule campaign in the early twentieth century period prior to World War I.
In January 1922, the British and Irish delegations agree to disband the RIC. Phased disbandments begin within a few weeks with RIC personnel both regular and auxiliary being withdrawn to six centres in southern Ireland. On April 2, 1922, the force formally ceases to exist, although the actual process is not completed until August 17. The RIC is replaced by the Civic Guard (renamed as the Garda Síochána the following year) in the Irish Free State and by the Royal Ulster Constabulary (RUC) in Northern Ireland.
According to a parliamentary answer in October 1922, 1,330 ex-RIC men join the new RUC in Northern Ireland. This results in an RUC force that is 21% Roman Catholic at its inception in 1922. As the former RIC members retire over the subsequent years, this proportion steadily falls.
Just thirteen men transfer to the Garda Síochána. These include men who had earlier assisted Irish Republican Army (IRA) operations in various ways. Some retire, and the Irish Free State pays their pensions as provided for in the terms of the Anglo-Irish Treaty agreement. Others, still faced with threats of violent reprisals, emigrate with their families to Great Britain or other parts of the British Empire, most often to join police forces in Canada, Australia, New Zealand, South Africa and Southern Rhodesia. A number of these men join the Palestine Police Force, which is recruiting in the UK at the time.
Pirrie is educated at the Royal Belfast Academical Institution before entering Harland & Wolff shipyard as a gentleman apprentice in 1862. Twelve years later he is made a partner in the firm, and on the death of Sir Edward Harland in 1895, he becomes its chairman, a position he holds until his death. As well as overseeing the world’s largest shipyard, he is elected Lord Mayor of Belfast in 1896, and is re-elected to the office as well as made an Irish Privy Counsellor the following year. He becomes Belfast’s first honorary freeman in 1898, and serves in the same year as High Sheriff of Antrim and subsequently of County Down. In February 1900, he is elected President of the UK Chamber of Shipping, where he had been vice-president the previous year. He helps finance the Liberals in Ulster in the 1906 United Kingdom general election, and that same year, at the height of Harland & Wolff’s success, he is raised to the peerage as Baron Pirrie, of the City of Belfast.
In February 1912, after chairing a famous meeting of the Ulster Liberal Association at which Winston Churchill defends the government’s policy of Home Rule for Ireland, Pirrie is jeered on the streets of Belfast, and assaulted as he boards a steamer in Larne: pelted with rotten eggs, herrings, and bags of flour. In 1910, the Ulster Liberal Association, an overwhelmingly Protestant body, with a weekly newspaper, and branch network throughout Ulster, adopts (in opposition to the Ulster Liberal Unionist Association) an explicitly pro-home rule position.
In the months leading up to the 1912 sinking of the RMS Titanic, Pirrie is questioned about the number of life boats aboard the Olympic-classocean liners. He responds that the great ships are unsinkable and the rafts are to save others. This haunts him for the rest of his life. In April 1912, Pirrie is to travel aboard RMS Titanic, but illness prevents him.
During the war Pirrie is a member of the War Office Supply Board, and in 1918 becomes Comptroller-General of Merchant Shipbuilding, organising British production of merchant ships.
In 1921, Pirrie is elected to the Senate of Northern Ireland, and that same year is created ViscountPirrie of the City of Belfast, in the honours for the opening of the Parliament of Northern Ireland in July 1921, for his war work and charity work. In Belfast he is, on other grounds, already a controversial figure: a Protestant employer associated as a leading Liberal with a policy of Home Rule for Ireland.
Pirrie dies at sea off Cuba on June 7, 1924. His body is embalmed. On June 13, Ebro reaches Pier 42 on the North River in New York City, where Pirrie’s friend Andrew Weir, 1st Baron Inverforth and his wife meet Viscountess Pirrie and her sister. UK ships in the port of New York lower their flags to half-mast, and Pirrie’s body is transferred to Pier 59, where it is embarked on White Star Line‘s RMS Olympic, one of the largest ships Pirrie ever built, to be repatriated to the UK. He is buried in Belfast City Cemetery. The barony and viscountcy die with him. Lady Pirrie dies on June 19, 1935. A memorial to Pirrie in the grounds of Belfast City Hall is unveiled in 2006.
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.
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)
Barry seems to be an extreme example of an eighteenth-century rake, a man of quarrelsome and violent nature, and a heavy drinker. He is a member of the notorious Dublin Hellfire Club. The club’s reputation never fully recovers from the sensational publicity surrounding his trial for murder, although there is no reason to think that any of his fellow members knew of or condoned the crime. There are widespread rumours that he had committed at least one previous murder which was successfully hushed up, although there seems to be no firm evidence for this.
On August 9, 1738, Barry is drinking with some friends at a tavern in Palmerstown, then a small village near Dublin. Drinking more heavily than usual, he attacks a drinking companion but is unable to draw his sword. Enraged, he runs to the kitchen, where he chances to meet Laughlin Murphy, the tavern porter, and for no known reason runs him through with his sword. He then bribes the innkeeper to let him escape. Murphy is taken to Dublin where he lingers for several weeks, dying on September 25, 1738.
Although Barry is not immediately apprehended, there is no reason to believe that the Crown intends that he should escape justice. The authorities clearly aim not only to prosecute him but to secure a conviction. Even in an age when the aristocracy enjoys special privileges, the murder of Murphy, who by all accounts was an honest and hardworking man with a wife and young family to support, shocks public opinion, whereas Barry is regarded, even among members of his own class, as a public nuisance. In due course, he is arrested and indicted for murder. He demands, as the privilege of peerage, a trial by his peers. The trial, which takes place in the Irish Houses of Parliament on April 27, 1739, arouses immense public interest.
Bowes dominates the proceedings, and his speeches make his reputation as an orator. Thomas Rundle, Bishop of Derry, who as a spiritual peer is only an observer at the trial, says, “I never heard, never read, so perfect a piece of eloquence…the strength and light of his reason, the fairness and candour.” The Bishop is scathing about the quality of counsel for the defence, describing the performance of Barry’s counsel as “detestable.” The defence case is that Murphy had died not from his wound but from a long-standing illness (or alternatively a rat bite), but in view of the medical evidence produced by the prosecution this is a hopeless argument. According to Bishop Rundle, Barry’s counsel fails even to mention the possibility that Murphy, who lingered for six weeks after being stabbed, might have died through inadequate medical care. Given the overwhelming evidence of Barry’s guilt, however, any defence would probably have been useless, and despite what is described as their “looks of horror,” his peers have little difficulty in finding him guilty. Wyndham, who had conducted the trial with exemplary fairness, pronounces the death sentence. His retirement soon afterward is generally thought to be due to the strain of the trial.
King George II, like all British monarchs, has the prerogative of mercy, and a campaign is launched by Barry’s friends and relatives to persuade the King to grant a pardon. Their plea concentrates on the victim’s low social standing, the implication being that the life of a peer is worth more than that of a tavern worker, despite the victim’s blameless character and the savage and wanton nature of the murder. The King proves reluctant to grant a pardon, and for a time it seems that Barry will be executed, but in due course, a reprieve is issued. Popular legend has it that his uncle, Sir Compton Domvile, through whose estate at Templeogue the River Dodder flows, secured a royal pardon for his nephew by threatening to divert the course of the river, thus depriving the citizens of Dublin of what is then, and remains long after, their main supply of drinking water.
On June 17, 1740, Barry receives a full royal pardon and the restoration of his title and estates. Soon afterward he leaves Ireland for good and settles in England. He is said to have had a personal audience with the King and thanked him in person for his clemency.
Barry’s last years are wretched. Although he has a second marriage shortly before his death, he is abandoned by all his former friends, is in great pain from gout, and is prone to depression. He dies in Nottingham on March 22, 1751, and is buried at St. Nicholas Church, Nottingham. On his death the title becomes extinct. His estates pass to his cousin, Sir Compton Domvile, 2nd Baronet, who makes unsuccessful efforts to have the barony revived. His widow Elizabeth outlives him by many years, dying in December 1816.
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.
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.
Soon after Edward IV becomes king in March 1461, Plantagenet is made Duke of Clarence, and in 1462 he is appointed Lord Lieutenant of Ireland. However, around 1468, he falls under the influence of Richard Neville, 16th Earl of Warwick, who is losing the control that he had formerly exercised over the King. In defiance of Edward IV, he marries Neville’s daughter Isabel in Église Notre-Dame de Calais in July 1469. Then, in March 1470, he and Neville secretly support an armed uprising in northern England. When Edward IV discovers their treachery, they flee to France but return in September.
After Edward IV goes into exile, Plantagenet and Neville put the ineffectual Lancastrian monarch Henry VI, deposed in 1461, back on the throne. But Plantagenet soon becomes disenchanted with Neville’s management of the government. When Edward IV returns from exile in March 1471, the brothers become reconciled, and Plantagenet, who fights in the battles that lead to Edward’s restoration, is created, by right of his wife, first Earl of Warwick on March 25, 1472, and first Earl of Salisbury in a new creation.
After his wife dies on December 22, 1476, Plantagenet seeks to wed Mary, Duchess of Burgundy. But when Edward IV objects to that match also, the embittered Plantagenet once more begins scheming against his brother. Edward IV becomes convinced that his brother is aiming at his throne. Plantagenet is thrown into prison, and in January 1478 the King unfolds the charges against his brother to Parliament. He had slandered the King, had received oaths of allegiance to himself and his heirs, and had prepared for a new rebellion. Both houses of Parliament pass the bill of attainder, he is “privately executed” at the Tower of London on February 18, 1478, by tradition in the Bowyer Tower, and soon after the event, a rumour spreads that he had been drowned in a butt of malmsey wine.
The assault focuses on the English fort which sits at a bridge on the River Blackwater, marking the border between Counties Tyrone and Armagh. It is built by Walter Devereux, 1st Earl of Essex, in 1575 as an outpost of English military strength in the heart of Gaelic Ulster, but also to secure the power of the main Irish ally in the region, Hugh O’Neill, Baron of Dungannon. The fort is composed of a square earthwork bawn “twelve score yards in circuit” reinforced by two bulwarks and punctuated with gun loops in its ramparts. In one corner stands a wooden tower, four stories tall, topped with a wooden walkway and a slate-covered building. It is accessed by two doors, one leading out onto the ramparts, another leading to a cellar. Each story has defensive firing loops, also known as spike holes. This tower overlooks a road and bridge across the river. At the other side of the river, on the Tyrone side, is a stone tower. The stone tower controls access to the bridge, as the road runs through it via large wooden doors.
Hugh O’Neill, Lord of Tyrone, is thought an ally of the English Crown and he is supported by the English authorities in Dublin as a counterweight to the power of other native lords in Ulster such as Turlough Lynagh O’Neill. However, encroachment by English authorities on the liberties of the native Irish lords in Ulster during the 1580s and early 1590s causes O’Neill to create an alliance of Irish lords, which look to throw off English rule with the help of Philip II of Spain. From April 1593, O’Neill orchestrates a proxy war against the English using Hugh Maguire, Lord of Fermanagh, and Hugh Roe O’Donnell, Lord of Tyrconnell. They engage the English in the west of Ulster while O’Neill, outwardly still loyal to the Crown, strengthens his power base in Ulster and subdues the Crown’s Irish allies in the north. The Irish lay siege to Enniskillen Castle and defeat an English force sent to relieve it.
O’Neill’s alliance is not limited to Ulster as he is allied to Fiach McHugh O’Byrne in Leinster. He has come under increasing pressure from Lord DeputyWilliam Russell‘s military expeditions into the Wicklow Mountains. In desperation, Fiach McHugh asks that Tyrone offer help or at least raid the northern Pale to draw Russell out of Wicklow. O’Neill requests a meeting with Russell to discuss how to proceed but this is dismissed by the Lord Deputy as a ploy to draw him out of O’Byrne’s lands. Therefore, to help O’Byrne, O’Neill makes his first open move against the Crown.
On the morning of Sunday, February 16, 1595, Art MacBaron O’Neill approaches the fort from the direction of Armagh with 40 men, escorting what appears to be two prisoners. As they cross the bridge one of the English warders notices the match cords of the Irishmen’s matchlock calivers are lit, a sign that they are ready to fire. The English open fire and MacBaron’s men force their way into the stone tower, but the English withdraw to the upper stories and prevent the Irish from taking the tower. Meanwhile, on the other side of the river, 200 Irish soldiers sweep over the earth ramparts and take the bawn. The English soldiers and their families retreat to the wooden tower. Defensive fire from within keeps the Irish back and twice the warders thwart MacBaron’s attempts to burn the position. Fifteen of MacBaron’s men are killed attempting to storm the towers, and eight more later die of their wounds. The stalemate lasts until five o’clock in the evening when MacBaron calls for a ceasefire. He offers the garrison terms for their surrender. The English, led by Edward Cornwall, are critically low on ammunition but still prevaricate until MacBaron threatens to burn the fort to the ground with all in it. The ward’s surrender is agreed and MacBaron guarantees their safe passage to Newry.
The loss of the fort is doubtless a military setback for the Crown, but of more significance is the presence of the Earl of Tyrone in person. According to the English commander, O’Neill arrives after the surrender and is outraged at the losses suffered in taking the fort and is angry that the defenders had not been executed. After the English soldiers and their families leave, O’Neill looks on as the bridge is demolished and the fort’s defence slighted. Up until this point there is no concrete proof that O’Neill was active in the attacks by Maguire and O’Donnell in the west of Ireland. Now there is indisputable proof that the Crown was at war with O’Neill.
(Pictured: The Blackwater Fort at present-day Blackwatertown in County Armagh, built by the Earl of Essex during a foray into Ulster in 1575 and captured and destroyed by the Irish in 1595. This pen and ink sketch measures 22½ by 16½ inches and is dated March 27, 1587.)
seamus dubhghaill 