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.
In 1783 FitzGerald visits the West Indies before returning to Ireland, where his brother, William FitzGerald, 2nd Duke of Leinster, has procured Edward’s election to the Irish Parliament as an MP for Athy, a seat he holds until 1790. In Parliament he acts with the small Opposition Irish Patriot Party group led by Henry Grattan but takes no prominent part in debate. In the spring of 1786, he takes the then unusual step for a young nobleman of entering the Military College, Woolwich, after which he makes a tour through Spain in 1787. Dejected by unrequited love for his cousin Georgina Lennox, he sails for New Brunswick to join the 54th Regiment with the rank of Major.
In April 1789, guided by compass, FitzGerald traverses the country with a brother officer from Fredericton, New Brunswick to Quebec, falling in with Indians by the way, with whom he fraternizes. He accomplishes the journey in twenty-six days and establishes a shorter practicable route than that hitherto followed. The route crosses the extremely rugged and heavily forested northern part of the present state of Maine. In a subsequent expedition he is formally adopted at Detroit by the Bear clan of the Mohawk with the name “Eghnidal,” and makes his way down the Mississippi River to New Orleans, whence he returns to England.
Finding that his brother has procured his election for Kildare County, a seat he holds from 1790 to 1798, and desiring to maintain political independence, FitzGerald refuses the command of an expedition against Cádiz offered him by William Pitt the Younger and devotes himself for the next few years to the pleasures of society and to his parliamentary duties. He is on terms of intimacy with his first cousin Charles Fox, with Richard Sheridan and other leading Whigs. According to Thomas Moore, FitzGerald is only one of numerous suitors of Sheridan’s first wife, Elizabeth, whose attentions are received with favour. She conceives a child by him, a baby girl who is born on March 30, 1792.
His Whig connections, together with his transatlantic experiences, predisposed FitzGerald to sympathize with the doctrines of the French Revolution, which he embraces enthusiastically when he visits Paris in October 1792. He lodges with Thomas Paine and listens to the debates in the Convention. While in Paris, he becomes enamoured of a young girl named Pamela whom he chances to see at the theatre, and who has a striking likeness to Elizabeth Sheridan. On December 27, 1792, he and Pamela are married at Tournai, one of the witnesses being Louis Philippe, afterwards King of the French. In January 1793 the couple reaches Dublin.
Ireland is by then seething with dissent which is finding a focus in the increasingly popular and revolutionary Society of the United Irishmen, which has been forced underground by the outbreak of war between France and Britain in 1793. FitzGerald, fresh from the gallery of the Convention in Paris, returns to his seat in the Irish Parliament and immediately springs to their defence. Within a week of his return, he is ordered into custody and required to apologise at the bar of the House of Commons for violently denouncing in the House a government proclamation which Grattan had approved for the suppression of the United-Irish attempt to revive the Irish Volunteer movement with a “National Guard.” However, it is not until 1796 that he joins the United Irishmen, who by now have given up as hopeless the path of constitutional reform and whose aim, after the recall of Lord Fitzwilliam in 1795, is nothing less than the establishment of an independent Irish republic.
In May 1796 Theobald Wolfe Tone is in Paris endeavouring to obtain French assistance for an insurrection in Ireland. In the same month, FitzGerald and his friend Arthur O’Connor proceed to Hamburg, where they open negotiations with the Directory through Reinhard, French minister to the Hanseatic towns. The Duke of York, meeting Pamela at Devonshire House on her way through London with her husband, tells her that his plans are known and advises that he should not go abroad. The proceedings of the conspirators at Hamburg are made known to the government in London by an informer, Samuel Turner. The result of the Hamburg negotiations is Louis Lazare Hoche‘s abortive expedition to Bantry Bay in December 1796.
In September 1797 the Government learns from the informer Leonard McNally that FitzGerald is among those directing the conspiracy of the United Irishmen, which is now quickly maturing. Thomas Reynolds, converted from a conspirator to an informer, keeps the authorities posted in what is going on, though lack of evidence produced in court delays the arrest of the ringleaders. But on March 12, 1798, Reynolds’ information leads to the seizure of a number of conspirators at the house of Oliver Bond. FitzGerald, warned by Reynolds, is not among them.
As a fellow member of the Ascendancy class, the Government are anxious to make an exception for FitzGerald, avoiding the embarrassing and dangerous consequences of his subversive activities. They communicate their willingness to spare him from the normal fate meted out to traitors. FitzGerald however refuses to desert others who cannot escape, and whom he has himself led into danger. On March 30 the government proclamation of martial law authorising the military to act as they see fit to crush the United Irishmen leads to a campaign of vicious brutality in several parts of the country.
FitzGerald’s social position makes him the most important United Irish leader still at liberty. On May 9 a reward of £1,000 is offered by Dublin Castle for his apprehension. Since the arrests at Bond’s house, he has been in hiding. The date for the rising is finally fixed for May 23 and FitzGerald awaits the day hidden by Mary Moore above her family’s inn in Thomas Street, Dublin.
Tipped off that the house is going to be raided, Moore turns to Francis Magan, a Catholicbarrister and trusted sympathiser, who agrees to hide Fitzgerald. Making its way to Magan’s house on May 18, Fitzgerald’s party is challenged by Major Henry Sirr and a company of Dumbarton Fencibles. Moore escapes with Fitzgerald and takes him back to Thomas Street to the house of Nicholas Murphy.
Moore explains to Magan what had happened and, unbeknownst to her, Magan informs Dublin Castle. The Moore house is raided that day. Mary, running to warn the Leinster Directory meeting nearby in James’s Gate, receives a bayonet cut across the shoulders. That same evening Sirr storms Murphy’s house where FitzGerald is in bed suffering from a fever. Alerted by the commotion, he jumps out of bed and, ignoring the pleas of the arresting officers to surrender peacefully, he stabs one and mortally wounds the other with a dagger in a desperate attempt to escape. He is secured only after Major Sirr shoots him in the shoulder.
FitzGerald is conveyed to New Prison, Dublin where he is denied proper medical treatment. After a brief detention in Dublin Castle he is taken to Newgate Prison, Dublin where his wound, which has become infected, becomes mortally inflamed. His wife, whom the government probably has enough evidence to convict of treason, has fled the country, never to see her husband again, but FitzGerald’s brother Henry and his aunt Lady Louisa Conolly are allowed to see him in his last moments. He dies at the age of 34 on June 4, 1798, as the rebellion rages outside. He is buried the next day in the cemetery of St. Werburgh’s Church, Dublin. An Act of Attainder confiscating his property is passed as 38 Geo. 3 c. 77 but is eventually repealed in 1819.
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.
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.
Emmet is a 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 Bonaparte. 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.
John Toler, 1st Earl of NorburyPC, KC, Irish lawyer, politician and judge known as The Lord Norbury between 1800 and 1827, is born at Beechwood, Nenagh, County Tipperary, on December 3, 1745. A greatly controversial figure in his time, he is nicknamed the “Hanging Judge” and is considered to be one of the most corrupt legal figures in Irish history. He is Chief Justice of the Common Pleas for Ireland between 1800 and 1827.
Toler is the youngest son of Daniel Toler, MP, and Letitia, daughter of Thomas Otway (1665–1724), of Lissenhall, Nenagh, County Tipperary. His elder brother Daniel Toler is also a politician, serving as High Sheriff for Tipperary and also as MP for Tipperary. The Toler family is originally from Norfolk, East Anglia, England, but settles in County Tipperary in the 17th century. He is educated at Kilkenny College and at Trinity College, Dublin.
In 1800 Toler is appointed Chief Justice of the Common Pleas for Ireland and raised to the Peerage of Ireland as Baron Norbury, of Ballycrenode in the County of Tipperary. His appointment to the bench is controversial and John FitzGibbon, 1st Earl of Clare, the Lord Chancellor of Ireland, is said to have quipped, “Make him a bishop, or even an archbishop, but not a chief justice.” His tenure as Chief Justice lasts for 27 years, despite the fact that, the Dictionary of National Biography opines, “his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance.” This earns him the nickname the “Hanging Judge.” His most famous trial is that of Irish nationalist leader Robert Emmet. He interrupts and abuses Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant Ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century.
However, Toler’s position eventually becomes untenable even to his strongest supporters, especially with the British government‘s aim of establishing a better relationship with the Catholic majority. His reputation is tainted in 1822, when a letter written to him by William Saurin, the Attorney-General for Ireland, is discovered, in which Saurin urges him to use his influence with the Irish Protestant gentry which makes up local juries against the Catholics. Saurin is dismissed soon afterwards. He finds his greatest adversary in Daniel O’Connell, to whom Toler is “an especial object of abhorrence.” At O’Connell’s instigation the case of Saurin’s letter is brought before the House of Commons of the United Kingdom by Henry Brougham. Toler survives this as well as an 1825 petition drawn up by O’Connell, which calls for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given. However, it is not until George Canning becomes Prime Minister in 1827 that Toler, then 82, is finally induced to resign. His resignation is sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King’s County, in the Peerage of Ireland. Unlike the barony of Norbury these titles are created with remainder to his second son Hector John. His eldest son Daniel is then considered mentally unsound.
Toler marries Grace, daughter of Hector Graham, in 1778. They have two sons and two daughters. In 1797 Grace is raised to the Peerage of Ireland as Baroness Norwood, of Knockalton in the County of Tipperary, in honour of her husband. She dies in 1822 and is succeeded in the barony by her eldest son, Daniel. Toler survives her by nine years and dies at the age of 85 at his Dublin home at 3 Great Denmark Street on July 27, 1831. He is succeeded in the barony of Norbury by his eldest son Daniel and in the viscountcy and earldom according to the special remainder by his second son, Hector. In 1832 the latter also succeeds his elder brother in the baronies of Norwood and Norbury. He is considered to be the father of the astronomer John Brinkley.
(Pictured: John Toler, 1st Earl of Norbury, coloured etching by unknown artist, early 19th century, National Portrait Gallery, NPG D9303)
Ó Maolchonaire is born in the townland of Figh, civil parish of Tibohine, barony of Frenchpark, County Roscommon. His father and mother are Fíthil and Onóra Ó Maolchonaire. Two other sons survive to adulthood, Maoilechlainn and Firbisigh. They belong to a well-known family of historians and poets. He is brought up in the family profession.
Ó Maolchonaire studies for the priesthood at Salamanca, entering the Irish college founded in 1592. He first studies the liberal arts and philosophy. In 1593 he translates into Irish a short Castilian catechism by Jerónimo de Ripalda SJ. The original is a simple catechetical work written in Aristotelian master-pupil dialogue. According to Mícheál Mac Craith, Ó Maolchonaire’s translation pointedly refers to the Irish as Eirinnach rather than Gaedheal.
After five years at the Salamanca Irish college, Ó Maolchonaire leaves to join the Franciscan province of Santiago. Aodh Mac Cathmhaoil is among his classmates in the Salamanca Franciscan friary. They and nine of their peers in the Santiago province are later raised to the episcopacy, an unprecedented development in the history of the order.
At the height of the Nine Years’ War, Ó Maolchonaire sails to Ireland where he serves as a confessor and preacher to troops under the command of Hugh O’Neill and Hugh Roe O’Donnell. In 1601, they request a bishopric for Ó Maolchonaire “in recognition of his diligence, commending his sound judgment on Irish affairs.” After the disaster of Kinsale in 1601, he accompanies O’Donnell to Spain as his confessor and adviser, hoping to see a renewal of Spanish military intervention in Ireland.
In 1602, Ó Maolchonaire attempts to get approval for O’Donnell to meet Philip III in person, but they are kept at arm’s length by the Spanish court. During this time, they also drafted an official complaint against the Jesuit superiors of the Irish college at Salamanca over presumed discrimination in favour of Old English students at the expense of students from Connacht and Ulster.
While waiting for a response to his repeated calls for military support in Ireland, O’Donnell becomes seriously ill and dies at Simancas, being assisted on his deathbed by Ó Maolconaire. In keeping with his patronage of the order of friars minor in Donegal, O’Donnell is buried in the Franciscan habit. Ó Maolchonaire accompanies the remains to their last resting place in the Franciscan church at Valladolid. He continues to press for military support after O’Donnell’s death. He participates in an abandoned maritime expedition which reaches Achill Sound in 1603 but never lands in Ireland. He subsequently assists the Spanish councils of state and war to stem the flow of Irish military migrants and their dependents in Spain.
As adviser to Puñonrostro, the king’s appointee as protector of Irish exiles in Spain, Ó Maolchonaire helps to secure funds for widows, orphans and clerics. Trained as a chronicler and genealogist, he sponsors the entry of Irish soldiers into Spanish military orders and successfully calls for the promotion of Henry O’Neill, second eldest son of the earl of Tyrone, as colonel of Irish infantry units in Flanders, the O’Neill tercio in 1604.
In 1606, the Franciscan general chapter is held in Toledo where Ó Maolchonaire is selected as minister-provincial of the Irish friars minor. The most notable act of his tenure as provincial is the founding of a new Irish Franciscan college at Leuven in the Habsburg Netherlands. A year before his appointment, he begins his efforts in earnest with an appeal to the Spanish king. The loss of five Franciscan houses during the Nine Years’ War makes a new foundation essential. In response, Philip III instructs Albert VII, Archduke of Austria, to provide a perpetual grant for a new college in the university town of Leuven. Ó Maolchonaire’s part in founding the college clearly influences the Catholic pastoral mission to Ireland during the seventeenth century. The first and most active Irish printing press on the continent is long in operation at Leuven.
After Hugh O’Neill and Rory O’Donnell leave Ireland in 1607, Ó Maolconaire accompanies them from Douai to Rome as interpreter and advisor. Christopher St. Laurence, baron of Howth, implicates him in a plot to seize Dublin Castle and raises a new rebellion just before the Flight of the Earls. In recognition of his losses, Philip III and Paul V offer O’Neill the concession of Ó Maolchonaire’s promotion to the archbishopric of Tuam. On Sunday, May 3, 1609, he is consecrated archbishop by CardinalMaffeo Barberini in the centre of Rome at the Chiesa Santo Spirito in Sassia. He remains in Rome until his appointment as archbishop of Tuam before returning to Madrid on behalf of Hugh O’Neill.
In response to the 1613–15 Parliament of Ireland, Ó Maolchonaire writes from Valladolid a remonstrance to the Catholic members of the parliament, rebuking them for assenting to the bill of attainder that confiscated the estates of O’Neill, O’Donnell and their adherents. As Archbishop of Tuam, he never takes possession of his episcopal see, governing through vicars general. He continues to live in Madrid and Leuven, as is the case with many Irish clergy at the time. Like his fellow-Franciscan, Luke Wadding, and Peter Lombard, Archbishop of Armagh, he serves as a key intermediary and his influence in Irish matters is considerable. In 1626, a year after Charles I declared war on Spain, he makes the case for an invasion of Ireland under the joint leadership of the earls of Tyrone and Tyrconnell.
Ó Maolconaire dies at the Franciscan friary of San Francisco el Grande in Madrid on November 18, 1629. In 1654, two Irish friars bring his remains back to St. Anthony’s College in Leuven where he is buried near the high altar in the collegiate chapel.
seamus dubhghaill 