Emmett is born in the Hammond’s Marsh area of Cork, County Cork, on April 24, 1764, the son of Dr. Robert Emmet from County Tipperary (later to become State Physician of Ireland) and Elizabeth Mason of County Kerry, both of whose portraits are today displayed at Cork’s Crawford Art Gallery. He is the elder brother of Robert Emmet, who is executed for leading the Irish Rebellion of 1803, becoming one of Ireland’s most famous republican martyrs. His sister, Mary Anne Holmes, holds similar political beliefs.
Emmet is a man of liberal political sympathies and becomes involved with a campaign to extend the democratic franchise for the Irish Parliament and to end discrimination against Catholics. He is called to the Irish bar in 1790 and quickly obtains a practice, principally as counsel for prisoners charged with political offenses. He also becomes the legal adviser of the Society of the United Irishmen.
When the Dublin Corporation issues a declaration of support of the Protestant Ascendancy in 1792, the response of the United Irishmen is their nonsectarian manifesto which is largely drawn up by Emmet. In 1795 he formally takes the oath of the United Irishmen, becoming secretary in the same year and a member of the executive in 1797. As by this time the United Irishmen had been declared illegal and driven underground, any efforts at peaceful reform of government and Catholic emancipation in Ireland are abandoned as futile, and their goal is now the creation of a non-sectarian Irish republic, independent from Britain and to be achieved by armed rebellion. Although Emmet supports this policy, he believes that the rebellion should not commence until French aid has arrived, differing from more radical members such as Lord Edward FitzGerald.
British intelligence infiltrates the United Irishmen and manages to arrest most of their leaders on the eve of the rebellion. Though not among those taken at the house of Oliver Bond on March 12, 1798, Emmet is arrested about the same time and is one of the leaders imprisoned initially at Kilmainham Gaol and later in Scotland at Fort George until 1802. Upon his release he goes to Brussels where he is visited by his brother Robert in October 1802 and is informed of the preparations for a fresh rising in Ireland in conjunction with French aid. However, at that stage France and Britain are briefly at peace, and the Emmets’ pleas for help are turned down by Napoleon.
Emmet receives news of the failure of his brother’s rising in July 1803 in Paris, where he is in communication with Napoleon. He then emigrates to the United States and joins the New York bar where he obtains a lucrative practice.
After the death of Matthias B. Hildreth, Emmet is appointed New York State Attorney General in August 1812 but is removed from office in February 1813 when the opposing Federalist Party obtains a majority in the Council of Appointment.
MacHale is born in Tubbernavine, near Lahardane, County Mayo on March 6, 1791, to Patrick and Mary Mulkieran MacHale. He is so feeble at birth that he is baptised at home by Father Andrew Conroy. By the time he is five years of age, he begins attending a hedge school. Three important events happen during his childhood: the Irish Rebellion of 1798, the landing at Killala of French troops, whom the boy, hidden in a stacked sheaf of flax, watches marching through a mountain pass to Castlebar, and a few months later the brutal hanging of Father Conroy on a false charge of high treason.
With his friend and ally, Daniel O’Connell, MacHale takes a prominent part in the important question of Catholic emancipation, impeaching in unmeasured terms the severities of the former penal code, which had branded Catholics with the stamp of inferiority. During 1826 his zeal is omnipresent. He calls on the Government to remember how the Act of Union in 1800 was carried by William Pitt the Younger on the distinct assurance and implied promise that Catholic emancipation, which had been denied by the Irish Parliament, should be granted by the Parliament of the Empire.
Oliver Kelly, Archbishop of Tuam, dies in 1834, and the clergy selects MacHale as one of three candidates, to the annoyance of the Government who despatches agents to induce Pope Gregory XVI not to nominate him to the vacant see. Disregarding their request, the pope appoints MacHale Archbishop of Tuam. He is the first prelate since the Reformation who has received his entire education in Ireland. The corrupt practices of general parliamentary elections and the Tithe War cause frequent rioting and bloodshed and are the subjects of denunciation by the new archbishop, until the passing of a Tithes bill in 1838. He also leads the opposition to the ProtestantSecond Reformation, which is being pursued by evangelical clergy in the Church of Ireland, including the Bishop of Tuam, Killala and Achonry, Thomas Plunket.
The repeal of the Acts of Union 1800, advocated by O’Connell, enlists MacHale’s ardent sympathy and he assists the Liberator in many ways, and remits subscriptions from his priests for this purpose. In his zeal for the cause of the Catholic religion and of Ireland, so long downtrodden, but not in the 1830s, he frequently incurs from his opponents the charge of intemperate language, something not altogether undeserved. In his anxiety to reform abuses and to secure the welfare of Ireland, by an uncompromising and impetuous zeal, he makes many bitter and unrelenting enemies, particularly British ministers and their supporters.
The Great Famine of 1846–47 affects his diocese more than any. In the first year he announces in a sermon that the famine is a divine punishment on his flock for their sins. Then by 1846 he warns the Government as to the state of Ireland, reproaches them for their dilatoriness, and holds up the uselessness of relief works. From England as well as other parts of the world, cargoes of food are sent to the starving Irish. Bread and soup are distributed from the archbishop’s kitchen. Donations sent to him are acknowledged, accounted for, and disbursed by his clergy among the victims.
The death of O’Connell in 1847 is a setback to MacHale as are the subsequent disagreements within the Repeal Association. He strongly advises against the violence of Young Ireland. Over the next 30 years he becomes involved in political matters, particularly those involving the church. Toward the end of his life, he becomes less active in politics.
MacHale attends the First Vatican Council in 1869. He believes that the favourable moment has not arrived for an immediate definition of the dogma of papal infallibility. Better to leave it a matter of faith, not written down, and consequently he speaks and votes in the council against its promulgation. Once the dogma had been defined, he declares the dogma of infallibility “to be true Catholic doctrine, which he believed as he believed the Apostles’ Creed“. In 1877, to the disappointment of the archbishop who desires that his nephew should be his co-adjutor, Dr. John McEvilly, Bishop of Galway, is elected by the clergy of the archdiocese, and is commanded by Pope Leo XIII after some delay, to assume his post. He had opposed this election as far as possible but submits to the papal order.
Every Sunday MacHale preaches a sermon in Irish at the cathedral, and during his diocesan visitations he always addresses the people in their native tongue, which is still largely used in his diocese. On journeys he usually converses in Irish with his attendant chaplain and has to use it to address people of Tuam or the beggars who greet him whenever he goes out. He preaches his last Irish sermon after his Sunday Mass, April 1881. He dies in Tuam seven months later, on November 7, 1881, and is buried in the cathedral at Tuam on November 15.
Thomas Pelham, the Chief Secretary for Ireland, introduces a bill for the foundation of a Catholic college, and this is enacted by parliament. It is built to hold up to 500 students for the Catholic priesthood of whom up to 90 are to be ordained each year. It is once the largest seminary in the world.
The town of Maynooth is the seat of the FitzGeralds, Earls of Kildare. The ivy-covered tower attached to St. Mary’s Church of Ireland is all that remains of the ancient college of St. Mary of Maynooth, founded and endowed by Gerald FitzGerald, 8th Earl of Kildare, and dedicated to the Blessed Virgin Mary. On October 7, 1515, Henry VIII grants licence for the establishment of a college. In 1518, the 9th Earl presents a petition to the Archbishop of Dublin, William Rokeby, for a license to found and endow a college at Maynooth, the College of the Blessed Virgin Mary. In 1535 the college is suppressed and its endowments and lands confiscated as part of the Reformation.
The present college is created in the 1790s against the background of the upheaval during the French Revolution and the gradual removal of the penal laws. The college is particularly intended to provide for the education of Catholic priests in Ireland, who until this Act had to go to Continental Europe for their formation and theological education. Many are educated in France, and the church and government are concerned at the Dechristianization of France during the French Revolution, and at the same time at the risk of revolutionary thinking arising from training in revolutionary France. A number of the early lecturers in Maynooth, are exiles from France. Also among the first professors is a layman, James Bernard Clinch, recommended by Edmund Burke. Also relevant is the enactment of the Roman Catholic Relief Act 1793.
The college is legally established on June 5, 1795, by the Maynooth College Act 1795 as The Royal College of St. Patrick, by act of the Parliament of Ireland, to provide “for the better education of persons professing the popish or Roman Catholic religion.” The college is originally established to provide a university education for Catholic lay and ecclesiastical students, the lay college is based in Riverstown House on the south campus from 1802. With the opening of Clongowes Wood College in 1814, the lay college is closed and the college functions solely as a Catholic seminary for almost 150 years.
In 1800, John Butler, 12th Baron Dunboyne, dies and leaves a substantial fortune to the college. Butler had been a Roman Catholic, and Bishop of Cork, who had embraced Protestantism in order to marry and guarantee the succession to his hereditary title. However, there are no children to his marriage, and it is alleged that he had been reconciled to the Catholic Church at his death. Were this the case, a Penal Law demands that the will is invalid, and his wealth is to pass to his family. Much litigation follows before a negotiated settlement in 1808 that leads to the establishment of a Dunboyne scholarship fund.
The land is donated by William FitzGerald, 2nd Duke of Leinster, who had argued in favour of Catholic emancipation in the Irish House of Lords. He lives nearby at Carton House and also at Leinster House. The building work is paid for by the British Government with the parliament continuing to give it an annual grant until the Irish Church Act 1869. When this law is passed the college receives a capital sum of £369,000. The trustees invest 75% of this in mortgages to Irish landowners at a yield of 4.25% or 4.75% per annum. This is considered a secure investment at the time but agitation for land reform and the depression of the 1870s erodes this security. The largest single mortgage is granted to the Earl of Granard. Accumulated losses on these transactions reaches £35,000 by 1906.
The first building to go up on the site is designed by, and named after, John Stoyte. Stoyte House, which can still be seen from the entrance to the old campus, is a well-known building to Maynooth students and stands very close to the very historic Maynooth Castle. Over the next 15 years, the site at Maynooth undergoes rapid construction so as to cater for the influx of new students, and the buildings which now border St. Joseph’s Square (to the rear of Stoyte House) are completed by 1824.
The Rev. Laurence F. Renehan (1797–1857), a noted antiquarian, church historian, and cleric, serves as president of St. Patrick’s from 1845 until 1857. Under Renehan, many of the college’s most important buildings are constructed by Augustus Pugin.
In 1876, the college becomes a constituent college of the Catholic University of Ireland, and later offers Royal University of Ireland degrees in arts and science. Even after the granting of the Pontifical Charter in 1896 the college becomes a recognised college of the National University of Ireland in 1910, and from this time its arts and science degrees are awarded by the National University of Ireland. However, during this time the Pontifical University of Maynooth continues to confer its degrees in theology, because until 1997 theology degrees are prohibited by the Royal University of Ireland and its successor the National University of Ireland.
In 1997, the Universities Act, 1997 is passed by the Oireachtas. Chapter IX of the Act provides for the creation of the separate Maynooth University. This new university is created from the college’s faculties of Arts, Celtic Studies and Philosophy, and Science.
In 1994, W. J. Smyth had been appointed to the position of Master of St. Patrick’s College Maynooth (NUI). In 1997, this position is converted into President of Maynooth University. After his 10-year term ends in 2004, he is replaced by John Hughes as president of Maynooth University and a new line of heads for the college.
By 2016, the number of resident seminarians has dropped from several hundreds to just 40 to 60. In August 2016, it is revealed that, due to frequent use of Grindr by college students, the then Archbishop of DublinDiarmuid Martin decides to transfer the students from his diocese to the Irish Pontifical College in Rome. According to Martin, “there are allegations on different sides,” one of which of an “atmosphere that was growing in Maynooth” of a “homosexual, a gay culture, that students have been using an app called Grindr,” which “would be fostering promiscuous sexuality, which is certainly not in any way the mature vision of sexuality one would expect a priest to understand.” Subsequently, the college trustees order a review of the college’s policy on social media use.
When appointed Lord Chancellor of Ireland in 1789, FitzGibbon is granted his first peerage as Baron FitzGibbon, of Lower Connello in the County of Limerick, in the Peerage of Ireland that year. This does not entitle him to a seat in the British House of Lords, only in the Irish House of Lords. His later promotions come mostly in the Peerage of Ireland, being advanced to a Viscountcy in 1793 and the Earldom of Clare in 1795. He finally achieves a seat in the British House of Lords in 1799 when created Baron FitzGibbon, of Sidbury in the County of Devon, in the Peerage of Great Britain.
As Lord Chancellor for Ireland, FitzGibbon is a renowned champion of the Protestant Ascendancy and an opponent of Catholic emancipation. He despises the Parliament of Ireland‘s popular independent Constitution of 1782. He is also personally and politically opposed to the Irish politician Henry Grattan who urges a moderate course in the Irish Parliament and is responsible for defeating Grattan’s efforts to reform the Irish land tithe system under which Irish Catholic farmers (and all non-Anglican farmers) are forced to financially support the minority Anglican Church of Ireland. These are not fully repealed until 1869 when the Church of Ireland is finally disestablished, although Irish tithes are commuted after the Tithe War (1831–1836).
FitzGibbon opposes the Irish Roman Catholic Relief Act 1793 personally but apparently recommends its acceptance in the House of Lords, being forced out of necessity when that Act had been recommended to the Irish Executive by the British Cabinet led by William Pitt the Younger. Pitt expects Ireland to follow the British Roman Catholic Relief Act 1791 and allow Catholics to vote again and hold public offices. At the same time, FitzGibbon apparently denounces the policy this Act embodies, so it is probably safe to say that FitzGibbon’s own beliefs and principles conflict with his obligations as a member of the Irish executive of the time.
FitzGibbon’s role in the recall, soon after his arrival, of the popular pro-Emancipation Lord Lieutenant of Ireland, William Fitzwilliam, 4th Earl of Fitzwilliam, is debatable. Although he is probably politically opposed to the Lord Lieutenant of Ireland, Fitzwilliam is apparently recalled, because of his own independent actions. Fitzwilliam is known to be friendly to the Ponsonby family and is generally a Foxite liberal Whig. His close association with and patronage of Irish Whigs led by Grattan and Ponsonby during his short tenure, along with his alleged support of an immediate effort to secure Catholic emancipation in a manner not authorized by the British cabinet is likely what leads to his recall. Thus, if anyone is to blame in the short-lived “Fitzwilliam episode” it is Henry Grattan and the Ponsonby brothers – presumably William Ponsonby, later Lord Imokilly, and his brother George Ponsonby — not to mention Lord Fitzwilliam himself. Irish Catholics at the time and later naturally see things very differently and blame hardline Protestants such as FitzGibbon.
Irish Catholics and FitzGibbon apparently agree on one point – Irish political and economic union with Great Britain, which eventually takes place in 1801. Pitt wants Union with Ireland concomitantly with Catholic emancipation, commutation of tithes, and the endowment of the Irish Catholic priesthood. Union is opposed by most hardline Irish Protestants, as well as liberals such as Grattan. FitzGibbon is a strong supporter of the Union since 1793 but refuses to have Catholic emancipation with the Union.
In the end, FitzGibbon’s views wins out, leading to the Union of Ireland with Great Britain to form the United Kingdom of Great Britain and Ireland without any concessions for Ireland’s Catholic majority, or for that matter, Catholics in the rest of the new United Kingdom. He later claims that he has been duped by the way in which the Act is passed and is bitterly opposed to any concessions during the short remainder of his life.
FitzGibbon’s role as Lord Chancellor of Ireland during the period of the 1798 rebellion is questionable. According to some, he supports a hardline policy which uses torture, murder and massacre to crush the rebellion, or that as Lord Chancellor, he has considerable influence on military affairs, and that martial law cannot be imposed without his consent. Others allege that as Lord Chancellor, he has no say in military affairs. His former side is displayed by sparing the lives of the captured United Irish leaders in return for their confession of complicity and provision of information relating to the planning of the rebellion. However, this willingness of the prisoners to partake of the agreement is spurred by the execution of the Sheares brothers on July 14, 1798.
In contrast to the leniency shown to the largely upper-class leadership, the full weight of military repression is inflicted upon the common people throughout the years 1797–98 with untold thousands suffering imprisonment, torture, transportation and death. Fitzgibbon ss inclined to show no mercy to unrepentant rebels and in October 1798 he expressed his disgust upon the capture of Wolfe Tone that he had been granted a trial and his belief that Tone should have been hanged as soon as he set foot on land.
FitzGibbon is quick to recognise that sectarianism is a useful ally to divide the rebels and prevent the United Irishmen from achieving their goal of uniting Protestant, Catholic and Dissenter, writing in June 1798, “In the North nothing will keep the rebels quiet but the conviction that where treason has broken out the rebellion is merely popish.”
FitzGibbon is noted by some as a good, improving landlord to both his Protestant and Catholic tenants. Some claim that the tenants of his Mountshannon estate call him “Black Jack” FitzGibbon. However, there is no evidence to support this claim, although there is little to no evidence on his dealings as a landlord. Irish nationalists and others point out that while he might have been interested in the welfare of his own tenants on his own estate, he treats other Irish Catholics very differently. Without further evidence, his role as a Protestant landowner in mainly Catholic Ireland is of little importance against his known dealings as Lord Chancellor.
FitzGibbon dies at his home, 6 Ely Place near St. Stephen’s Green, Dublin, on January 28, 1802, and is buried in the churchyard at St. Peter’s Church, Aungier Street, Dublin. A hero to Protestant hardliners, but despised by the majority Catholic population, his funeral cortege is the cause of a riot and there is a widespread story that a number of dead cats are thrown at his coffin as it departs Ely Place.
(Pictured: “Portrait of John FitzGibbon, 1st Earl of Clare,” painting by Gilbert Stuart, 1789)
The Disfranchising Act, an act of parliament of the Parliament of Ireland, is debated in 1727 and receives royal assent on May 6, 1728. One of a series of Penal Laws, it prohibits all Roman Catholics from voting in parliamentary elections. Its full title is “An Act for the further regulating the Election of Members of Parliament, and preventing the irregular Proceedings of Sheriffs and other Officers in electing and returning such Members” and its citation is 1 Geo. 2. c. 9 (I).
In the eighteenth century, elections are held at irregular intervals and at the beginning of a new reign. The Act follows the death of George I on June 11, 1727, but does not take effect until after the election of 1727, coming into force in 1728.
The Act is repealed by the Roman Catholic Relief Act 1793, which receives royal assent on April 9, 1793, allowing the franchise in Ireland to all men holding a property with a rental value of at least two pounds annually.
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)
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.
Stewart is born in 28 Henry Street, in Dublin’s Northside. He is the second and only surviving child of Robert Stewart (the elder) and his wife Sarah Frances Seymour-Conway. His parents marry in 1766. He has recurring health problems throughout his childhood, and is sent to The Royal School, Armagh, rather than to England for his secondary education. At the encouragement of Charles Pratt, 1st Earl Camden, who takes a great interest in him and treats him as if he is a grandson by blood, he later attends St. John’s College, Cambridge (1786–87), where he applies himself with greater diligence than expected from an aristocrat and excels in his first-year examinations. But he then withdraws, pleading an illness that he admits to Camden is something “which cannot be directly acknowledged before women,” i.e. something sexually transmitted.
Stewart organises and finances the alliance that defeats Napoleon, bringing the powers together at the Treaty of Chaumont in 1814. After Napoleon’s second abdication in 1815, he works with the European courts represented at the Congress of Vienna to frame the territorial, and broadly conservative, continental order that holds until mid-century. He blocks harsh terms against France believing that a treaty based on vengeance and retaliation will upset a necessary balance of powers. France is restored to the frontiers of 1791, and her British-occupied colonies are returned. In 1820 Stewart enunciates a policy of non-intervention, proposing that Britain hold herself aloof from continental affairs.
After 1815, at home, Stewart supports repressive measures that link him in public opinion to the Peterloo Massacre of 1819. Widely reviled in both Ireland and Great Britain, overworked, and personally distressed, he commits suicide on August 12, 1822. He is found in a dressing room seconds after he has cut his own throat using a small knife. He collapses and dies almost instantly.
(Pictured: “Robert Stewart, 2nd Marquess of Londonderry,” oil on canvas by Thomas Lawrence, National Portrait Gallery)
McNally is born in Dublin in 1752, the son of a merchant and wine importer. He is raised by his mother with the support of his uncle. He is born into a Roman Catholic family, but at some point in the 1760s he converts to the Church of Ireland. He is passionate about theatre, entirely self-educated and initially becomes a merchant in Bordeaux like his father.
However, in 1774 McNally goes to London to study law at the Middle Temple but returns to Dublin to be called to the Irish bar in 1776. After returning to London in the late 1770s, he qualifies as a barrister in England as well, in 1783. He practises for a short time in London and, while there, supplements his income by writing plays and editing The Public Ledger.
Returning to Ireland, McNally developes a successful career as a barrister in Dublin. He develops an expertise in the law of evidence and, in 1802, publishes what becomes a much-used textbook, The Rules of Evidence on Pleas of the Crown. The text plays a crucial role in defining and publicising the beyond reasonable doubt standard for criminal trials.
Not long after returning to Ireland, McNally becomes involved in radical politics, having already in 1782 published a pamphlet in support of the Irish cause. He becomes Dublin’s leading radical lawyer of the day. In 1792, he represents James Napper Tandy, a radical member of the Irish Parliament, in a legal dispute over parliamentary privilege. In the early 1790s, he becomes a founder member of the United Irishmen, a clandestine society which soon develops into a revolutionary Irish republican organisation. He ranks high in its leadership and acts as the organisation’s chief lawyer, representing many United Irishmen in court. This includes defending Wolfe Tone and Robert Emmet, the leaders of the 1798 and 1803 rebellions respectively, at their trials for treason. In 1793, he is wounded in a duel with Sir Jonah Barrington, who had insulted the United Irishmen. Barrington subsequently describes McNally as “a good-natured, hospitable, talented and dirty fellow.”
After McNally’s death in 1820, it emerges that he had for many years been an informant for the government, and one of the most successful British spies in Irish republican circles that there has ever been. In 1794, when a United Irishmen plot to seek aid from Revolutionary France is uncovered by the British government, McNally turns informer to save himself, although, subsequently, he also receives payment for his services. He is paid an annual pension in respect of his work as an informer of £300 a year, from 1794 until his death in 1820.
From 1794, McNally systematically informs on his United Irishmen colleagues, who often gather at his house for meetings. It is he that betrays Lord Edward FitzGerald, one of the leaders of the 1798 rebellion, as well as Robert Emmet in 1803. A significant factor in the failure of the 1798 rebellion is the excellent intelligence provided to the government by its agents. McNally is considered to be one of the most damaging informers.
The United Irishmen represented by McNally at their trials are invariably convicted and he is paid by the crown for passing the secrets of their defence to the prosecution. During the trial of Emmet, he provides details of the defence’s strategy to the crown and conducts his client’s case in a way that assists the prosecution. For example, three days before the trial he assures the authorities that Emmet “does not intend to call a single witness, nor to trouble any witness for the Crown with a cross-examination, unless they misrepresent facts… He will not controvert the charge by calling a single witness.” For his assistance to the prosecution in Emmet’s case, he is paid a bonus of £200, on top of his pension, half of which is paid five days before the trial.
After McNally’s death, his activities as a government agent become generally known when his heir attempts to continue to collect his pension of £300 per year. He is still remembered with opprobrium by Irish nationalists. In 1997, the Sinn Féin newspaper, An Phoblacht, in an article on McNally, describes him as “undoubtedly one of the most treacherous informers of Irish history.”
McNally is a successful dramatist and writes a number of well-constructed but derivative comedies, as well as comic operas. His first dramatic work is The Ruling Passion, a comic opera written in 1771, and he is known to have authored at least twelve plays between 1779 and 1796 as well as other comic operas. His works include The Apotheosis of Punch (1779), a satire on the Irish playwright Richard Brinsley Sheridan, Tristram Shandy (1783), which is an adaptation of Laurence Sterne‘s novel, Robin Hood (1784), Fashionable Levities (1785), Richard Cœur de Lion (1786), and Critic Upon Critic (1788).
McNally also writes a number of songs and operettas for Covent Garden. One of his songs, The Lass of Richmond Hill, becomes very well-known and popular following its first public performance at Vauxhall Gardens in London in 1789. It is said to be a favourite of George III and popularises the romantic metaphor “a rose without a thorn,” a phrase which he used in the song.
Nothing is known of McNally’s first wife Mary O’Brien, other than that she dies in 1786. In London in 1787, he elopes with Frances I’Anson, as her father William I’Anson a solicitor, disapproves of McNally. Frances, and her family’s estate, Hill House in Richmond, North Yorkshire, is the subject of a song with lyrics by McNally and composed by James Hook, The Lass of Richmond Hill. In 1795, Frances dies during childbirth at age 29 and is survived by only one daughter. In early 1799, McNally marries his third wife, Louisa Edgeworth, the daughter of a clergyman from County Longford.
When McNally’s son, who has the same and professions, dies on February 13, 1820, it is widely reported to have been McNally. The son is buried in Donnybrook, Dublin, on February 17, 1820, and McNally sends a letter on March 6, 1820, to the Proprietor of Saunders’s Newsletter seeking damages for the severe injury caused by the circulation of his death. In June 1820, McNally is on his deathbed, and although he had been a Protestant for most of his adult life, he seeks absolution from a Roman Catholic priest. He dies and is also buried in Donnybrook on June 8, 1820.
The Banishment Act or Bishops’ Banishment Act, which receives royal assent on September 25, 1697, requires most Catholicclergy to leave the kingdom by May 1, 1698, and bans Catholic clergy from entering the kingdom. The Act is never efficiently enforced.
The Banishment Act is a 1697 Act of the Parliament of Ireland which banishes all ordinaries and regular clergy of the Roman Catholic Church from Ireland. All “popish archbishops, bishops, vicars general, deans, jesuits, monks, friars, and other regular popish clergy” are required to be in one of several named ports awaiting a ship out of the country by May 1, 1698. Remaining or entering the country after this date would result in punishment as a first offence with twelve months imprisonment followed by expulsion. A second offence would constitute high treason.
The Act is one of the Penal Laws passed after the Williamite War to safeguard the Church of Ireland as the established church and from fears of Catholic clerical support for Jacobitism. It is foreshadowed by proclamations issued by the Dublin Castle administration in 1673 and 1678 with similar terms. The banishment is originally and most effectively applied to regular clergy, many of whom register under the Registration Act of 1704, as parish priests to be treated as secular clergy and avoid deportation. The ban on bishops may have been intended to prevent ordination of new priests, which, coupled with a ban on clerical immigration, would lead to their eventual extinction. Of the eight Catholic bishops in Ireland when the act is passed, two leave, one (John Sleyne)is arrested, and five go into hiding. The port authorities pay for the passage of 424 clerics who emigrate. Mary of Modena estimates that about 700 in total leave, of whom 400 settle in France. Priest hunters are active in subsequent decades. Maurice Donnellan, Bishop of Clonfert, is arrested in 1703 but rescued by an armed crowd.
The Act is gradually less stringently enforced as the eighteenth-century progresses. The Roman Catholic Relief Act 1782 provides that its provisions cannot apply to a priest who has registered and taken the oath of supremacy. The Act is explicitly repealed by the Statute Law Revision (Ireland) Act 1878.
seamus dubhghaill 