Bowes epitomizes the severity of the 18th century Penal Laws against Irish Catholics when he rules, in about 1759, that: “The law does not suppose any such person to exist as an Irish Roman Catholic, nor could such a person draw breath without the Crown’s permission”. Such views, given that Roman Catholics make up more than 90% of the Irish population at the time, inevitably make him bitterly unpopular, and in 1760 he is assaulted during a riot outside the House of Commons.
In spite of his religious bigotry, Bowes is considered one of the outstanding judges of his time. In particular, he is a reforming Lord Chancellor, who is praised for making the Court of Chancery “a terror for fraud, and a comfort and protection for honest men”. As Attorney-General he shows considerable courage in going on assize during the Irish Famine (1740–1741) despite the infectious fever which is raging at the time, and which claims the lives of three other judges who decide to brave the dangers.
Bowes is considered one of the finest speakers of his time. His speech for the prosecution at the trial of Henry Barry, 4th Baron Barry of Santry, who is charged with murder in 1739, is described by those who hear it as a masterpiece of eloquence and logic, and leads to the Irish House of Lords bringing in a unanimous verdict of guilty against Santry.
Bowes dies in Dublin on July 22, 1767, his mental faculties fully intact despite his bodily infirmities. He is buried in Christ Church Cathedral, Dublin, where his brother raises a memorial to him. He never marries, and his title becomes extinct on his death. He lives at Belvedere House, Drumcondra. His estates passes to his brother Rumsey Bowes of Binfield, Berkshire.
O’Conor is the second of six sons of Denis O’Conor and Catharine O’Conor (neé Browne), who also have six daughters. The O’Conors are Catholic, descendants of a princely family in the west of Ireland. His grandfather is the historian Charles O’Conor, his brother the historian Matthew O’Conor.
O’Conor is educated at the Pontifical Irish College, Rome, from 1779 to 1791 and is appointed parish priest of Kilkeevan, County Roscommon, in 1789. In 1796 he prepares for publication a memoir of his grandfather, the historian Charles O’Connor, which highlights the efforts made by him and other Irish Catholics of substance to obtain the constitutional repeal of the penal laws. The first volume is suppressed as dangerous to the family and the manuscript of the second is burned by O’Conor before reaching the printer. He destroys what he believes to be the whole run of the first volume and ten folios of the second, by casting them into a sewer, which communicates with the River Poddle. However, copies of the first volume survive in Trinity College Dublin (TCD) and the Barrister at Law (BL).
In 1798 O’Conor is invited to become chaplain to Mary Nugent, the Marchioness of Buckingham, and to organize and translate a collection of Gaelic manuscripts at Stowe, Buckinghamshire, England. With him he brings papers of his grandfather to Stowe, including fifty-nine Gaelic manuscripts. There he writes Columbanus ad Hibernos (1810–13), a series of letters supporting the royal veto on Catholic episcopal appointments in Ireland. These are answered by Francis Plowden and see him suspended from duties of parish priest by John Troy, Archbishop of Dublin. In his duties as librarian, he edits the Annals of the Four Masters, and other chronicles from the Stowe Library as Rerum Hibernicarum Scriptores Veteres (1814–26), an edition regarded as unreliable.
O’Conor experiences mental illness and by 1827 is suffering from the delusion that he is deliberately being starved by order of the Marquess of Buckingham. He leaves Stowe on July 4, 1827. The Nation (March 26, 1853) claims that he is thereafter a patient at Dr. Harty’s asylum in Finglas, Dublin, apparently along with John Lanigan, whom he knew in the Irish College. His family twice unavailingly demands that the paper’s editor issue a correction.
O’Conor dies on July 29, 1828, in his family’s house at Bellanagare. He is buried in Ballintober Cemetery, Castlerea, County Roscommon.
Inheritance in traditional Irish law uses gavelkind, whereby an estate is divided equally among a dead man’s sons. In contrast, English common law uses male primogeniture, with the eldest son receiving the entire estate. The 1704 act enforces gavelkind for Catholics and primogeniture for Protestants.
Two separate bills “to prevent the further Growth of Popery” are introduced in the parliamentary session of 1703–04. One originates with the Privy Council of Ireland and is referred on July 4, 1703, to the Attorney-General for Ireland. The other is introduced as heads of a bill in the Irish House of Commons on September 28, 1703, and is sent to the Lord Lieutenant of Ireland on November 19. Under Poynings’ Law, both bills are transmitted to the Privy Council of England for approval. Formally, one bill is vetoed, and the other is returned to Dublin with amendments. A lack of surviving documentation makes it impossible to determine which of the two has which fate. The approved bill is engrossed on January 20, 1704, presented in the Commons on February 14, sent to the Irish House of Lords on February 25, and given royal assent on March 4.
Sir Theobald “Toby” Butler, the former Solicitor-General for Ireland, a Roman Catholic, makes a celebrated speech at the bar of the Commons denouncing the act as being “against the laws of God and man… against the rules of reason and justice.” Other eminent Catholic lawyers like Stephen Rice also denounce the measure but to no avail.
Charles Ivar McGrath says that while the Popery Act has “evident … negative effects,” specific research is lacking, and that it is intended more to prevent an increase in Catholic landholding than encourage further decrease. The Catholic share of land had already fallen from 60% before the Irish Rebellion of 1641 to 22% before the Williamite War in Ireland to 14% in 1704. The figure of 5% in 1776 given in Arthur Young‘s Tour in Ireland is probably an underestimate, although in 1778 only 1.5% of rent is paid to Catholics.
The act is “explained and amended” by a 1709 act, 8 Anne c. 3 (I), which specifies certain time limits left ambiguous by the original act, and closes some loopholes used by Catholics to remain beneficial owners of nominally Protestant property.
A 1719 act, 6 Geo. 1. c. 9 (I), indemnifies officials who have not hitherto subscribed to the oath required by the Popery Act. The time period for Dissenters subscribing to the oath is routinely extended, initially by an Indemnity Act at the start of each biennial parliamentary session. Similar acts are passed by the British parliament, and after the union the UK parliament continues the practice.
From the late 18th century Roman Catholic relief bills ease the Penal Laws, by explicit or implicit repeal and replacement. In 1772, Catholics are allowed to lease up to fifty Irish acres of bog-land for up to 61 years. The 1704 oath of allegiance for Catholics is replaced in 1774. Gardiner’s Act, the Leases for Lives Act 1777, implicitly repeals many other provisions of the 1704 act. Some are replaced with less onerous restrictions. The sacramental test is repealed for Dissenters in 1780. The Roman Catholic Relief Act 1782 repeals section 23 of the 1704 act. Another act of 1782 allows lay Catholics to be guardians of Protestants. Most restrictions on intermarriage are removed by the Roman Catholic Relief Act 1792. Many Penal Laws are repealed in general terms by the Roman Catholic Relief Act 1793. The sacramental test for Catholics is effectively replaced by the 1774 oath.
The Roman Catholic Relief Act 1829 abolishes the declaration against transubstantiation and specifies a new public oath for Catholics, explicitly permitting Catholics to hold Irish civil or military offices other than Lord Lieutenant and Lord Chancellor of Ireland, with the same oaths as required of non-Catholics (in addition to the new Catholic oath).
The Criminal Law Commission‘s 1845 report on oaths says sections 1, 3, and 6 of the 1704 act have fallen into disuse and should be repealed. The Religious Disabilities Act 1846, passed in consequence of the committee’s report, explicitly repeals provisions of sections 1, 3, and 4 of the 1704 act.
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.
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.
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.
O’Halloran is the third son of Michael O’Halloran, a prosperous farmer, and his wife Mary McDonnell. He is named after Sylvester Lloyd, the titular Catholic bishop of Killaloe (1728–39). His mother’s cousin, Sean Claragh McDonnell, teaches him much at an early age, including some Greek and Latin. He goes on to a Limerick school run by Robert Cashin, a Protestantclergyman, which is unusual at the time as the O’Hallorans are Roman Catholics during the difficult time of the Penal Laws.
O’Halloran and his brothers engage successfully in areas of life that work around the restrictions of the Penal Laws. Joseph becomes a Jesuit and holds chairs in rhetoric, philosophy and divinity at the Jesuit College at Bordeaux in France. George becomes a jeweler and in time a property-owner. O’Halloran goes to London to learn medicine at the age of 17, particularly studying the methods of Richard Mead, as well as the oculists Taylor and Hillmer. After further study at Leiden, and in Paris under the anatomist and academician Antoine Ferrein, he sets up practice as a surgeon in Limerick in early 1749.
O’Halloran writes several learned treatises on medical matters, and his fame is acknowledged by his membership of the RIA in 1787. He is a founder of the County Limerick Infirmary that starts with four beds in 1761 before moving to larger premises at St. Francis’s Abbey in 1765. The foundation stone of the original infirmary is now preserved in the Sylvester O’Halloran Post Graduate Centre at the Mid-Western Regional Hospital, Limerick.
While in France, O’Halloran is very impressed with the Académie Royale de Chirurgie, which had been founded in Paris in 1731 during the reign of Louis XV. He is subsequently instrumental in founding the Royal College of Surgeons in Ireland (RCSI), by writing its blueprint, Proposals for the Advancement of Surgery in Ireland, in 1765. In 1780, he is made an honorary member of the new Dublin Society of Surgeons and, when the RCSI receives its charter in 1784, is again elected an honorary member, equivalent to a Fellowship today.
As well as his scientific knowledge, O’Halloran’s interest in the arts begins with his collection of Gaelic poetry manuscripts and this leads on to an interest in Irish history. Given his background, he argues to validate the pre-Norman history of Ireland which had often been dismissed as a period of barbarism.
In 1789, Charlotte Brooke publishes the first English-language compendium of Irish poetry, the seminal “Reliques of Irish Poetry”, giving full due to O’Halloran for lending her his manuscript collection and for having written the essential history underlying her anthology.
In 1752, O’Halloran marries Mary Casey of Ballycasey, County Limerick, and they have four sons and a daughter. Their homes are in Change Lane and then on Merchants’ Quay. One of their sons is Major-General Sir Joseph O’Halloran, the father of Thomas Shuldham O’Halloran, after whom the Adelaide, South Australia suburb of O’Halloran Hill is named. Mary dies in 1782.
After a stroke, O’Halloran is infirm and confined to his chair for some time before his death on August 11, 1807, at his home on Limerick’s Merchant Quay. His is buried at St. Munchin’s graveyard at Killeely, which is now a suburb of Limerick.
Though politically restricted in his life by the Penal Laws, O’Halloran helps establish the county Infirmary, is elected President of the city’s Free Debating Society in 1772 and is elected to a committee in 1783 that examines the River Shannon navigation. Appropriately, a Limerick bridge over the River Shannon has been named after him.
MacManus begins writing while still teaching, first publishing a trilogy set in Penal times and concerning the life of the Gaelic poet Donncha Rua Mac Conmara comprising the novels Stand and Give Challenge (1934), Candle for the Proud (1936) and Men Withering (1939). A second trilogy follows which turns its attention to contemporary Ireland: This House Was Mine (1937), Flow On, Lovely River (1941), and Watergate (1942). The location is the fictional “Dombridge,” based on Kilkenny, and deals with established themes of Irish rural life including obsessions with land, sexual frustration, and the trials of emigration and return. Other major works include the novel The Greatest of These (1943), concerning religious conflict in nineteenth-century Kilkenny, and the biographies Boccaccio (1947) and Saint Columban (1963). In his last two novels, he descends into the depths of theological debate: The Fire in the Dust (1950) is followed by American Son (1959), a remarkable dialogue between conflicting modes of belief which reveals the strong influence of Roman Catholicism on the author.
Francis MacManus dies of a heart attack at the age of 56 in Dublin on November 27, 1965.
The RTÉ Francis MacManus Short Story Award is established in his memory in 1985. The competition is run by RTÉ, Ireland’s national broadcaster, and is open to entries written in Irish or English from authors born or resident in Ireland. The total prize fund is €6000, out of which the winning author receives €3,000. Sums of €2,000 and €1,000 are awarded to the second and third prize winners.
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 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 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)
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 