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The Union with Ireland Act 1800 Receives Royal Assent

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

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Northern Ireland, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.

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

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

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

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

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

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

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

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

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


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Repeal of the Declaratory Act 1719

The Declaratory Act 1719, which had given Great Britain the right to legislate for Ireland and had denied the appellate jurisdiction of the Irish House of Lords, is repealed on June 21, 1782.

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.

The Declaratory Act 1719 provides a model for the American Colonies Act 1766, which is also known as the “Declaratory Act” and is a similar source of grievance in the Thirteen Colonies. The British defeat in the subsequent American Revolutionary War prompts a more conciliatory tone towards Ireland, and the Declaratory Act 1719 is repealed in its entirety when the Repeal of Act for Securing Dependence of Ireland Act 1782 receives royal assent on June 21, 1782.


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Birth of Sir Richard Levinge, 1st Baronet

Sir Richard Levinge, 1st Baronet, Irish politician and judge who plays a leading part in Irish public life for more than 30 years, is born at Leek, Staffordshire, England, on May 2, 1656.

Levinge is the second son of Richard Levinge of Parwich Hall, Derbyshire, Recorder of Chester, and Anne Parker, daughter of George Parker of Staffordshire and his wife Grace Bateman. The Levinges (sometimes spelled “Levin”) are a long-established Derbyshire family with a tradition of public service. Through his mother he is a first cousin of Thomas Parker, 1st Earl of Macclesfield, Lord High Chancellor of Great Britain.

Levinge is educated at Audlem School, Derbyshire, and St. John’s College, Cambridge. He enters the Inner Temple in 1671 and is called to the Bar in 1678. He is a Member of Parliament (MP) of the House of Commons of England for City of Chester from 1690 to 1695. He is also, like his father, Recorder of Chester in 1686-87, but is summarily removed from this office by King James II of England.

Levinge is one of the first to declare for William III of England at the Glorious Revolution and is sent by the new Government to Ireland as Solicitor-General in 1689. In 1692 he is elected as a member of the Irish House of Commons for Belfast and for Blessington, but chooses to sit for Blessington, a seat he holds until 1695. During this time, he serves as Speaker of the Irish House of Commons. In politics he is a moderate Tory, noted throughout his career for his desire to conciliate. In an age of bitter political faction this earns him the uncharitable nickname “Tom Double.” Although he supports the Penal Laws, as no Irish officeholder then could do otherwise, he is very tolerant in religious matters and has several Roman Catholic friends, including his predecessor as Solicitor-General, Sir Theobald Butler.

Levinge later represents Longford Borough from 1698 to September 1713 and Kilkenny City from 1713 to November 1715 in the Irish Parliament. In 1713 he is also returned for Gowran but chooses to sit for Kilkenny. He is created a Baronet of High Park in the County of Westmeath, in the Baronetage of Ireland on October 26, 1704.

Levinge also serves as Solicitor-General for Ireland from 1689, from which office he is dismissed in 1695 following a quarrel with Henry Capell, 1st Baron Capell of Tewkesbury, the Lord Lieutenant of Ireland. He returns to office as Solicitor-General in 1705 through the good offices of James Butler, 2nd Duke of Ormonde, who has acted as his patron for some years past. History repeats itself when the Lord Lieutenant, Thomas Wharton, 1st Earl of Wharton, dismisses him from office in 1709 with what is regarded by many, including Jonathan Swift, as brutal suddenness. He once again becomes a member of the Parliament of Great Britain representing Derby from 1710 to 1711. He becomes Attorney-General for Ireland in 1711, after Ormonde replaces Wharton as Lord Lieutenant.

Levinge had expressed his interest in being appointed to the English Bench but meets with no success in his efforts to achieve office in England. Under George I of Great Britain, despite being of the “wrong” political persuasion, and his growing age, his famous moderation, and his 30 years’ experience of Irish public life make him acceptable as an Irish judge to the Government, in which he has a powerful supporter in his cousin Lord Macclesfield. In 1721 he becomes Chief Justice of the Irish Common Pleas for Ireland and a member of the Privy Council of Ireland. He complains bitterly of the poor quality of his junior judges, and asks for suitable replacements, although he complains equally about some of those whose names are put forward as possible replacements. Despite being in great pain from gout in his last years, he remains on the Bench until his death on July 13, 1724.

Levinge divides his time between his ancestral home, Parwich Hall, which he purchases from his childless elder brother, and his newly acquired property Knockdrin Castle, County Westmeath. Most of his estates passes to his eldest son, who extensively rebuilds Parwich.

(Pictured: Knockdrin Castle, County Westmeath, the main Levinge residence in Ireland)


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Birth of Lady Louisa Conolly

Lady Louisa Conolly, an English-born Irish noblewoman, is born on December 5, 1743, perhaps at Goodwood House in Westhampnett, Chichester, West Sussex, England. She is the third of the famous Lennox sisters and is notable among them for leading a wholly uncontroversial life filled with good works.

Born Lady Louisa Augusta Lennox, she and her sisters are portrayed in Stella Tillyard‘s book Aristocrats: Caroline, Emily, Louisa, and Sarah Lennox and in the BBC television series based on it. The Lennox sisters are the daughters of Charles Lennox, 2nd Duke of Richmond, and Lady Sarah Cadogan. The 2nd Duke’s father, Charles Lennox, 1st Duke of Richmond, is an illegitimate son of King Charles II of England.

Conolly is still a child when her parents die within a year of each other in 1750 and 1751. After this, she is brought up by her much older sister Emily FitzGerald, Duchess of Leinster, in Kildare. In 1758, at age 15, she marries Thomas Conolly (1738–1803), grand-nephew of William Conolly, Speaker of the Irish House of Commons. Her husband, a wealthy landowner and keen horseman, is also a successful politician who is elected to Parliament as early as 1759. The couple lives in the Palladian mansion Castletown House in County Kildare, the decoration of which she directs throughout the 1760s and 1770s. The Conolly summer residence, Cliff House, on the banks of the River Erne between Belleek, County Fermanagh, and Ballyshannon, County Donegal, is demolished as part of the Erne Hydroelectric scheme, which constructs the Cliff and Cathaleen’s Fall hydroelectric power stations. Cliff hydroelectric power station is constructed on the site of Cliff House and is commissioned in 1950.

The Conollys, themselves unhappily childless, at that point take up the welfare of young children from disadvantaged backgrounds as a lifelong project, contributing both money and effort towards initiatives which enable foundlings and vagabonds to acquire productive skills and support themselves. They develop one of the first Industrial Schools where boys learn trades, and she takes active personal interest in mentoring the students. In middle age, she also virtually adopts her niece Emily Napier (1783–1863), the daughter of her sister Lady Sarah Lennox. Emily, who spends long months with her aunt in Kildare, marries Sir Henry Bunbury, 7th Baronet, and moves to Suffolk, although she remains close to her aunt until her death.

Thomas Conolly dies on April 27, 1803. Upon his death, a major part of his estates, which includes Wentworth Castle, passes to a distant relative, Frederick Vernon. Conolly receives the Castletown House and estate, as also certain liquid investments and valuable urban properties, which enable her to live in comfort and continue her activities until her own death on August 6, 1821, of an abscess on her hip. She wills these substantial properties to a great-nephew, Edward Michael Pakenham, grandson of Thomas’ sister Harriet, later the MP for Donegal.

In 1999, a 6-part miniseries called Aristocrats, based on the lives of Conolly and her sisters, airs in the UK.

(Pictured: “Lady Louisa Conolly” by George Romney, 1776)


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John Asgill Expelled from the Irish House of Commons

John Asgill, eccentric English writer and newly elected Member of Parliament (MP) for Enniscorthy, is expelled from the Irish parliament on October 11, 1703, on account of a pamphlet he published in Dublin in 1698, arguing that man may pass into eternal life without dying. The pamphlet is burned by the common hangman and he spends much of the rest of his life in prison in England for blasphemy or for matters arising from land speculation in Ireland.

John Asgill is born at Hanley Castle, Worcestershire, England, on March 25, 1659, the son of Edward and Hester Asgill. Little is known of his early life but in 1686 he becomes a student at the Middle Temple and is called to the bar in 1692. He founds the first land bank in 1695 with Nicholas Barbon, which, after proving to be a profitable venture, merges with the land bank of John Briscoe in 1696. However, after profits drop, the bank closes in 1699. He is then elected that year as Member of Parliament for Bramber.

In 1700 Asgill publishes An Argument Proving, that … Man may be Translated, a pamphlet aiming to prove that death is not obligatory upon Christians. Within days of its publication, he leaves England to travel to Ireland, where he hopes to profit from the Williamite confiscation, acting on behalf of individuals affected by the 1699 resumption act. He is reasonably successful but is unable to gain the profits that he had anticipated. He becomes involved in lengthy litigation with the estate of the Jacobite Nicholas Browne, which continues until the early 1730s.

In an attempt to further his interests Asgill enters the Irish House of Commons in 1703, representing Enniscorthy. His Irish parliamentary career is to be short. On September 25, the first day of the session, his pamphlet on death is discussed and voted “wicked and blasphemous” and ordered to be burned by the common hangman. He is allowed to make a personal defence of his work on October 11, but this proves insufficient. He is expelled and the Commons order that “he be forever hereafter incapable of being chosen, returned or sitting a member of any succeeding parliament in this kingdom.”

While in Ireland Asgill is re-elected to the English House of Commons for Bramber in 1702 and so returns to England. On June 12, 1707 he is arrested and imprisoned at Fleet Prison for debt. He claims parliamentary immunity as a member of a current parliament despite the confusion whether the last English parliament and the first Parliament of Great Britain are the same body, and in December the House of Commons agrees. Nevertheless, two days after ordering his release from prison, he is expelled from the Commons both for his religious views and because he is a declared bankrupt.

Asgill falls on hard times and spends the rest of his life imprisoned in the Fleet or within the bounds of the King’s Bench but his zeal as a pamphleteer continues unabated.

Asgill dies on November 10, 1738, in the parish of Southwark, and is survived by his sister Martha.


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Birth of John Martin, Irish Nationalist Activist

John Martin, Irish nationalist activist, is born on September 8, 1812, into a landed Presbyterian family, the son of Samuel and Jane (née Harshaw) Martin, in Newry, County Down, in what is now Northern Ireland. He shifts from early militant support for Young Ireland and the Repeal Association, to non-violent alternatives such as support for tenant farmers’ rights and eventually as the first Home Rule MP, for Meath (1871–75).

Martin first meets John Mitchel while attending Dr. Henderson’s private school in Newry. He receives an Arts degree at Trinity College Dublin in 1832 and proceeds to study medicine but has to abandon this in 1835 when his uncle dies, and he has to return to manage the family landholding.

In 1847 Martin is moved by the Great Famine to join Mitchel in the Repeal Association but subsequently leaves it with Mitchel. He contributes to Mitchel’s journal, United Irishman, and then following Mitchel’s arrest on May 27, 1848, he continues with his own anti-British journal, The Irish Felon, and establishes “The Felon Club.” This leads to a warrant for his arrest, and he turns himself in on July 8, 1848. He is sentenced on August 18, 1848, to ten years transportation to Van Diemen’s Land.

Martin arrives on the Elphinstone with Kevin Izod O’Doherty in Hobart, Tasmania, in November 1849. He accepts a “ticket of leave” which allows him to live in relative freedom at Bothwell, provided he promises not to escape.

While in Tasmania, Martin continues to meet in secret with his fellow exiles Kevin Izod O’Doherty, Thomas Francis Meagher, William Smith O’Brien, and John Mitchel. He and Mitchel live together before the arrival of Mitchel’s wife, Jenny. He chooses not to join Mitchel when Mitchel revokes his ticket of leave and escapes. Instead, he remains in Tasmania until he is granted a “conditional pardon” in 1854. This allows him to leave for Paris, and he returns to Ireland on being granted a full pardon in 1856.

On return to Ireland Martin becomes a national organiser for the Tenant Right League. He begins to write for The Nation in 1860. He forms the National League with others in January 1864 – it is mainly an educational organisation but Fenians disrupt its meetings. He remains in contact with Mitchel in Paris through 1866. He opposes the Fenians’ support of armed violence, yet, together with Alexander Martin Sullivan in December 1867, he heads the symbolic funeral march honouring the Manchester Martyrs as it follows the MacManus route to Glasnevin Cemetery, Dublin. He is briefly arrested for these activities, but the charges are dropped.

Martin is in the United States in December 1869 when he is nominated by Isaac Butt and his nationalists as the Irish nationalist Home Rule candidate to oppose Reginald Greville-Nugent, who is supported by the Catholic clergy, in the Longford by-election. Greville-Nugent initially wins the vote, but the result is nullified by Judge Fitzgerald on the grounds that voters had been illegally influenced in the non-secret voting process. In the May 1870 re-run, Butt’s second candidate, Edward Robert King-Harman, like Martin a Protestant landlord, is also defeated, but this time legally.

Contradictions and factionalism are symptomatic of the struggle for influence and leadership at the time between the waning Church of Ireland and the rising Irish Catholic Church. Hence a secular Protestant land-owning, non-violent elite reformist nationalist who desires Home Rule like Martin, can find himself both sympathetic to and at odds with a militant organisation like the Fenians with their Jacobin– and American-influenced ideas of revolutionary republicanism and different social roots. Until Charles Stewart Parnell, the Isaac Butt-originated Home Rule forces could not obtain the support of the Catholic Church under the anti-Fenian Cardinal Paul Cullen or manage to achieve more than short-term tactical alliances with Fenians, leading to a split and uncoordinated opposition to British rule. Protestants such as Martin and John Mitchel, with their early political roots in Young Ireland, are, whatever their political ideals, not part of the majority Catholic mainstream, which consists largely of tenants rather than landlords.

In the January 1871 by-election, Martin is elected by a margin of 2–1 to the seat of Meath in the British parliament as the first Home Rule MP, representing first Isaac Butt’s Home Government Association and from November 1873 the Home Rule League. This is unusual for a Protestant in a Catholic constituency, and is a measure of the popular esteem Martin is held in. He retains his seat in the 1874 United Kingdom general election as one of 60 Home Rule members. He is commonly known as “Honest John Martin.” In parliament he speaks strongly for Home Rule for Ireland and opposes Coercion Bills.

Martin dies in Newry, County Down, on March 29, 1875, homeless and in relative poverty, having forgiven tenant fees during preceding years of inflation and low farm prices. His parliamentary seat of County Meath is taken up by Charles Stewart Parnell.

Martin marries Henrietta Mitchel, the youngest sister of John Mitchel, on November 25, 1868, after twenty years of courtship. She shares her husband’s politics, and after his death campaigns for home rule believing this to be a continuation of the Young Ireland mandate. After the split in the party, she sides with Charles Stewart Parnell. She dies at her home in Dublin on July 11, 1913, and is buried in Newry.


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Enactment of the Papist Act 1778

The Papists Act 1778, an Act of the Parliament of Great Britain, is enacted on August 14, 1778, and grants rights of leasing and inheritance to those who have taken the oath of allegiance, the first rolling back of the Penal Laws and the first Act for Roman Catholic relief. Later in 1778 it is also enacted by the Parliament of Ireland.

Before the Act, a number of “Penal laws” had been enacted in Britain and Ireland, which varied between the jurisdictions from time to time but effectively excluded those known to be Roman Catholics from public life.

By this Act, an oath is imposed, which besides a declaration of loyalty to the reigning sovereign, contains an abjuration of the Pretender, and of certain doctrines attributed to Roman Catholics, such as that excommunicated princes may lawfully be murdered, that no faith should be kept with heretics, and that the Pope has temporal as well as spiritual jurisdiction in Great Britain.

Those taking this oath are exempted from some of the provisions of the Popery Act 1698. Although it does not grant freedom of worship, it allows Catholics to join the army and purchase land if they take an oath of allegiance. The section as to taking and prosecuting priests is repealed, as well as the penalty of perpetual imprisonment for keeping a school. Roman Catholics are also enabled to inherit and purchase land, nor is an heir who conformed to the Established church any longer empowered to enter and enjoy the estate of his “papist” kinsman.

The passing of this act is the occasion of the Gordon Riots (1780) in which the violence of the mob is especially directed against William Murray, 1st Earl of Mansfield, who had objected to various prosecutions under the statutes now repealed.

This Act remains on the statute book until it is repealed by the Promissory Oaths Act 1871.

(Pictured: The royal coat of arms of Great Britain, 1714-1801, used by King George I, George II and George III)


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Adoption of the Constitution of the Irish Free State

The Constitution of the Irish Free State (Irish: Bunreacht Shaorstát Eireann) is adopted by Act of Dáil Éireann sitting as a constituent assembly on October 25, 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which comes into effect upon receiving the royal assent on December 5, 1922, provides that the Constitution will come into effect upon the issue of a Royal Proclamation, which is done on December 6, 1922. In 1937 the Constitution of the Irish Free State is replaced by the modern Constitution of Ireland following a referendum.

Shortly after the British evacuate their troops from Dublin Castle in January 1922, Michael Collins sets about establishing a committee to draft a new constitution for the nascent Irish Free State which would come into being in December 1922. Collins chairs the first meeting of that committee and at that point is its chairman, but is assassinated before the constitution is finalised. Darrell Figgis, the vice-chairman becomes acting Chair. The committee produces three draft texts, designated A, B and C. Draft A is signed by Figgis, James McNeill and John O’Byrne. Draft B is signed by James G. Douglas, C.J. France and Hugh Kennedy and it differs substantially from draft A only in proposals regarding the Executive. Draft C is the most novel of the three. It is signed by Alfred O’Rahilly and James Murnaghan, and provides for the possibility of representation for the people of the northern counties in the Dáil in the event of that area opting out of the proposed free state.

On March 31, 1922, an act of the United Kingdom Parliament called the Irish Free State (Agreement) Act 1922 is passed. It gives the force of law to the Anglo-Irish Treaty, which had been negotiated between the British government and Irish leaders in 1921. It also provides by for the election of a body to be called the “House of the Parliament,” sometimes called the “Provisional Parliament,” to which the Provisional Government establishes under that act will be responsible. The act gives no power to the Provisional Parliament to enact a constitution for the Irish Free State. In due course, “the House of the Parliament,” provided for by that act, is elected and meets on September 9, 1922, and calling itself Dáil Éireann, proceeds to sit as a constituent assembly for the settlement of what becomes the Constitution of the Irish Free State.

The Constitution establishes a parliamentary system of government under a form of constitutional monarchy, and contains guarantees of certain fundamental rights. It is intended that the constitution would be a rigid document that, after an initial period, could be amended only by referendum. However, amendments are made to the Constitution’s amendment procedure, so that all amendments can be and are in fact made by a simple Act of the Oireachtas (parliament).

Following a change of government in 1932 and the adoption of the Statute of Westminster 1931, a series of amendments progressively removes many of the provisions that had been required by the Anglo-Irish Treaty.

(Pictured: The Constitution Committee meeting at the Shelbourne Hotel, Dublin, 1922)


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Laying of the Foundation Stone of Parliament House

parliament-house

The foundation stone of Parliament House in College Green is laid on February 3, 1729, by Thomas Wyndham, 1st Baron Wyndham, the Lord Chancellor of Ireland. Parliament House is initially home to the Parliament of Ireland and later houses the Bank of Ireland. It is the world’s first purpose-built bicameral parliament house. The current parliament building is Leinster House.

The building is home to the two Houses of Parliament, serving as the seat of both chambers, the House of Lords and House of Commons, of the Parliament of the Kingdom of Ireland for most of the 18th century until that parliament is abolished by the Acts of Union 1800, when Ireland becomes part of the United Kingdom of Great Britain and Ireland.

In the 17th century, parliament settles at Chichester House, a town house in Hoggen Green (later College Green) formerly owned by Sir George Carew, Lord President of Munster and Lord High Treasurer of Ireland, which had been built on the site of a nunnery disbanded by King Henry VIII at the time of the dissolution of the monasteries. Carew’s house, named Chichester House after its later owner Sir Arthur Chichester, is a building of sufficient importance to have become the temporary home of the Kingdom of Ireland’s law courts during the Michaelmas law term in 1605. Most famously, the legal documentation facilitating the Plantation of Ulster is signed there on November 16, 1612.

Chichester House is in a dilapidated state, allegedly haunted and unfit for official use. In 1727 parliament votes to spend £6,000 on a new building on the site. It is to be the world’s first purpose-built two-chamber parliament building.

The then ancient Palace of Westminster, the seat of the English before 1707 and, later, British Parliament, is a converted building. The House of Commons‘s odd seating arrangements is due to the chamber’s previous existence as a chapel. Hence MPs face each other from former pews.

The design of the new building, one of two purpose-built Irish parliamentary buildings (along with Parliament Buildings, Stormont), is entrusted to an architect, Edward Lovett Pearce, who is a member of parliament and a protégé of the Speaker of the Irish House of Commons, William Conolly of Castletown House. During construction, Parliament moves into the Blue Coat Hospital on Dublin‘s Northside.

The original, domed House of Commons chamber is destroyed by fire in the 1790s, and a less elaborate new chamber, without a dome, is rebuilt in the same location and opened in 1796, four years before the Parliament’s ultimate abolition.

Pearce’s designs come to be studied and copied both at home and abroad. The Viceregal Apartments in Dublin Castle imitate his top-lit corridors. The British Museum in Bloomsbury in London copies his colonnaded main entrance. His impact reaches Washington, D.C., where his building, and in particular his octagonal House of Commons chamber, is studied as plans are made for the United States Capitol building. While the shape of the chamber is not replicated, some of its decorative motifs are, with the ceiling structure in the Old Senate Chamber and old House of Representatives chamber (now the National Statuary Hall) bearing a striking resemblance to Pearce’s ceiling in the House of Commons.

(Pictured: Architectural drawing of the front of Parliament House by Peter Mazell based on the drawing by Rowland Omer, 1767)


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The Octennial Act Receives Royal Assent

parliament-of-ireland

The Octennial Act, an act of the Parliament of Ireland which sets a maximum duration of eight years for the Irish House of Commons, receives royal assent on February 16, 1768. Before this, a dissolution of parliament is not required except on the demise of the Crown, and the previous three general elections were held in 1715, 1727, and 1761, on the respective deaths of Anne, George I, and George II. After the act, general elections are held in 1769, 1776, 1783, 1790, and 1798.

Limiting the duration of parliament is a prime objective of the Irish Patriot Party. Heads of bills are brought, by Charles Lucas in 1761 and 1763 and by Henry Flood in 1765, to limit parliament to seven years as the Septennial Act 1716 does for the Parliament of Great Britain. The heads are rejected by the Privy Council of Great Britain, which, under Poynings’ Law, has to pre-approve any bill before it is formally introduced in the Irish parliament.

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.

The act is rendered moot when the Parliament of Ireland is abolished by the Acts of Union 1800. It is formally repealed by the Statute Law Revision (Ireland) Act 1879.