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The Popery Act 1704 Receives Royal Assent

An Act to prevent the further Growth of Popery, commonly known as the Popery Act or the Gavelkind Act, is an act of the Parliament of Ireland that receives royal assent on March 4, 1704. It is designed to suppress Roman Catholicism in Ireland (“Popery“). William Edward Hartpole Lecky calls it the most notorious of the Irish Penal Laws.

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.

Catholic gavelkind cements a tradition of farm subdivision, which persists beyond the act’s repeal and contributes to the Great Famine of the 1840s.

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.

The Popery Act is explicitly repealed as obsolete by the Promissory Oaths Act 1871, with the exception of section 25, which is made redundant by the coming into force in 1871 of the Irish Church Act 1869 and is repealed by the Statute Law Revision (Ireland) Act 1878.


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Opening of the Royal College of St. Patrick in Maynooth

The Royal College of St. Patrick in Maynooth, County Kildare, is established by the Maynooth College Act 1795 and opens on October 1, 1796. Today known as St. Patrick’s Pontifical University, Maynooth, the college and national seminary on its grounds are often referred to as Maynooth College.

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 Dublin Diarmuid 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.


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Birth of William Brownlow, MP and Landowner

William Brownlow, MP and landowner, is born on April 10, 1726, the son of William Brownlow (1683–1739), landowner and MP for County Armagh (1711–27), and Lady Elizabeth Brownlow of County Armagh, and grandson of Arthur Brownlow. His mother is a daughter of James Hamilton, 6th Earl of Abercorn. He inherits the family estates around Lurgan in 1739 and spends some of his youth in France and Italy with his mother.

Brownlow’s father, grandfather, and great-grandfather had been MPs, and in 1753 he wins a hotly contested by-election in which his opponents accuse him of papist and Jacobite sympathies. The unsuccessful candidate is Francis Caulfeild, brother of James, 1st Earl of Charlemont, his petition to parliament causing a furor and is defeated by only one vote in one of the most celebrated electoral struggles of the day. Brownlow represents the county for over forty years, from 1753 until his death. In 1753, he supports the government on the controversial money bill.

Brownlow marries Judith, daughter of the Rev. Charles Meredyth, Dean of Ardfert, of County Meath, on May 25, 1754. They have two sons. After her death in Lyon, France, in October 1763, he marries Catherine, daughter of Roger Hall of Newry, County Down, on November 25, 1765. They have two sons and five daughters, three who marry into the nobility. In 1758, he is one of the Wide Streets commissioners in Dublin and owns an imposing house in Merrion Square. He is a trustee of the linen board in Ulster, and makes many improvements to his estate, castle, and demesne, the local church, and the town of Lurgan. However, it is alleged that private roads in his demesne were built with public money. He is one of a few landowners in County Armagh who are believed to have misappropriated the unusually high county cess levied by the grand jury, of which he is a member. In 1758, he suggests that salaries be paid to government officials, and one official, Henry Meredyth, his first wife’s uncle, subsequently receives an annual salary of £500.

In June 1763, large numbers of Presbyterian farmers and weavers, calling themselves the Hearts of Oak, in a notable show of dissatisfaction with the privileges of landlords, march on the homes of the gentry to demand redress. Brownlow is in England and avoids a confrontation. Despite the allegations of abuse of public money, he is generally recognised as one of the more independent and reform-minded MPs of the day. He captains a Volunteer troop of dragoons which march from Lurgan to assist Belfast after the French commander François Thurot lands at Carrickfergus in 1760. As one of the supporters of Henry Grattan, he is prominent in the Volunteer movement of the 1780s. He is captain of the Lurgan Volunteer company and lieutenant-colonel of the northern battalion and backs the movement in parliament until displeased by the Volunteer national convention (November 10 – December 2, 1783), which seeks franchise reform and seems to challenge the authority of the existing parliament.

Brownlow subscribes £9,000 to help found the Bank of Ireland in 1783, and in parliament on February 7, 1785, vigorously opposes William Pitt‘s proposals on Ireland’s commercial relations with England, seeing in them the danger that Ireland would become a “tributary nation.” He is appointed a privy councilor in 1765. He organises horse races in his locality and is a talented harpsichord player. After his death on October 28, 1794, the Belfast News Letter prints an unusually long and glowing tribute, expressing admiration for his “incorruptible integrity” and patriotism, as well as two poetic elegies. He is succeeded by his son William Brownlow.

(From: “Brownlow, William” by Linde Lunney, Dictionary of Irish Biography, http://www.dib.ie, October 2009 | Pictured: Portrait of the Right Honorable William Brownlow, oil on canvas by Gilbert Stuart, circa 1790)


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The McMahon Murders

The McMahon murders occur on March 24, 1922 when six Catholic civilians are shot dead at the home of the McMahon family in Belfast. Police officers break into their house at night and shoot all eight males inside, in an apparent sectarian attack. The victims are businessman Owen McMahon, four of his sons, and one of his employees. Two others are shot but survive, and a female family member is assaulted. The survivors say that most of the gunmen wore police uniforms and it is suspected that they were members of the Ulster Special Constabulary (USC). It is believed to be a reprisal for the Irish Republican Army‘s (IRA) killing of two policemen the previous day.

Following the end of the Irish War of Independence in July 1921 and the signing of the Anglo-Irish Treaty in December 1921, the new unionist Government of Northern Ireland establishes the Ulster Special Constabulary (USC), a quasi-military reserve police force to the Royal Irish Constabulary (RIC), to counter the IRA.

The McMahon killings are believed to be a reprisal for the IRA’s killing of two USC policemen in Belfast. On March 23, 1922, USC officers Thomas Cunningham and William Cairnside are patrolling Great Victoria Street in the city centre when they are approached by a group of IRA members and shot dead. Two Catholics, Peter Murphy (61) and Sarah McShane (15), are shot dead in a suspected reprisal attack several hours later in the Catholic Short Strand area by unidentified gunmen. The McMahon family has no connection to any paramilitary violence.

At about 1:00 a.m. on March 24, 1922, two men wearing police uniforms seize a sledgehammer from a Belfast Corporation workman, who is guarding a building site at Carlisle Circus. A curfew is in place at the time, due to the daily violence in the city. At nearby Clifton Avenue they meet three other men and the party of five proceed to the home of Owen McMahon. Eight males and three females are in the house that night. The males are Owen, his six sons, and Edward McKinney, a parish just north of Buncrana in Inishowen, County Donegal. He works for the McMahons as a barman. The women are Owen’s wife Eliza, her daughter and her niece. At about 1:20 a.m., the gang uses the sledgehammer to break down the door of the McMahon residence.

Owen’s wife, Eliza, says that four of the men wore police caps and carried revolvers while another wore civilian clothes. John McMahon, one of Owen’s sons, says, “Four of the five men were dressed in the uniform of the RIC but, from their appearance, I know they are Specials, not regular RIC.” All of the men hide their faces. The four men in police uniform rush up the stairs and herd the males into the dining room. The women are taken into another room. When Owen asks why his family is being singled-out, one of the gunmen says it is because he is “a respected papist.” The gunmen say “you boys say your prayers,” before opening fire. The shooting continues for five minutes. Five of the men are killed outright and two are wounded, one fatally.

Owen McMahon (50), Gerard McMahon (15), Frank McMahon (24), Patrick McMahon (22) and Edward McKinney (25) are killed outright while Bernard McMahon (26) dies later. The youngest McMahon son, 12-year-old Michael, survives the attack by hiding behind furniture and pretending to be hit. John McMahon (30) survives despite serious gunshot wounds. Eliza McMahon raises the alarm by opening the drawing room window and shouting “Murder! Murder!” A matron at an adjoining nursing home is alerted and phones the police and an ambulance.

It is alleged that a group of policemen operating out of Brown Square Barracks in the Shankill Road area are behind the killings. This has never been proved, but historian Eamon Phoenix, of Stranmillis University College in Belfast, has said there is “strong circumstantial evidence” that District Inspector John Nixon was responsible. Historian Tim Pat Coogan believes the police were responsible. An inquiry is carried out by the Department of Defence of the Irish Free State, but not by the Northern Irish authorities. A 1924 Free State report alleges that twelve policemen, whom the report identifies by name, had carried out the McMahon murders, as well as several other attacks on Catholics.

The killings cause outrage among Belfast’s Catholic population and over 10,000 people attend the funerals of those killed.

David Lloyd George and Winston Churchill, worried that the violence could collapse the new Northern Ireland administration, organise a meeting in London between Irish republican leader Michael Collins and Sir James Craig, Prime Minister of Northern Ireland, both to try to stop the IRA violence which Collins has been tacitly encouraging and supporting, and to pressure Craig to provide more protection for Catholics. Craig denies the nationalist assertion that the McMahon killings were part of an anti-Catholic pogrom on behalf of state forces.

No one is ever prosecuted for the killings but District Inspector John Nixon of the Royal Irish Constabulary (RIC) is strongly suspected of being responsible. Nixon is later forced to step down from the Royal Ulster Constabulary, the force that succeeds the RIC in June 1922, albeit on full pension, in 1924 after being heard giving (in breach of police regulations) a political speech to an Orange Order meeting saying that, “not an inch of Ulster should be yielded” to the Free State.