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The Union with Ireland Act 1800 Receives Royal Assent

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

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Northern Ireland, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.

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

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

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

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

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

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

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

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

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


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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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Repeal of the Declaratory Act 1719

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

An Act for the better securing the dependency of the Kingdom of Ireland on the Crown of Great Britain (long title) is an Act passed by the Parliament of Great Britain which declares that it has the right to pass laws for the Kingdom of Ireland, and that the British House of Lords has appellate jurisdiction for Irish court cases. It becomes known as the Declaratory Act, and opponents in the Irish Patriot Party refer to it as the Sixth of George I, from the regnal year it is passed. Legal and political historians have also called it the Dependency of Ireland on Great Britain Act 1719 or the Irish Parliament Act, 1719. Prompted by a routine Irish lawsuit, it is aimed at resolving the long-running dispute between the British and the Irish House of Lords as to which is the final court of appeal from the Irish Courts. Along with Poynings’ Law, the Declaratory Act becomes a symbol of the subservience of the Parliament of Ireland, and its repeal is long an aim of Irish statesmen, which is finally achieved for Anglican Irish as part of the Constitution of 1782.

In 1709, the Irish Court of Exchequer hears a lawsuit between Maurice Annesley and his cousin Hester Sherlock over which of them have the right to possession of certain lands at Naas, County Kildare. The court finds in Annesley’s favour. Mrs. Sherlock appeals to the Irish House of Lords which upholds her appeal. Annesley then invokes the long-disputed jurisdiction of the British House of Lords to hear appeals from the Irish courts, and that house pronounces in his favour. The Court of Exchequer duly complies with the decree of the British House, but Mrs. Sherlock appeals again to the Irish house, which orders the Barons of the Exchequer to comply with its own decree and, when they refuse, imprison them for contempt of Court. The political uproar is out of all proportion to the importance of the lawsuit itself.

The bill has its second reading in the Commons on March 4, 1719, where it is chiefly opposed on the grounds that it appears to have no purpose beyond increasing the power of the House of Lords. Other objections include an argument that the preamble and the enacting section of the bill are contradictory, and that Ireland has historically had an independent judiciary. It is supported by Joseph Jekyll and Philip Yorke, and carries 140 votes to 83. It is then passed on March 26, 1719.

Section I of the Act notes that the Irish House of Lords had recently “assumed to themselves a Power and Jurisdiction to examine, correct and amend” judgements of the Irish courts, which it holds to be illegal. As such, it declares that the Kingdom of Ireland is subordinate to and dependent upon the British crown, and that the King, with the advice and consent of the Parliament of Great Britain, has “full power and authority to make laws and statutes of sufficient validity to bind the Kingdom and people of Ireland.” Section II declares that the House of Lords of Ireland has no jurisdiction to judge, affirm or reverse any judgement, sentence or decree made in any court within the Kingdom of Ireland, and that all proceedings before the House upon any such matter are declared to be null and void to all intents and purposes whatsoever.

The Irish House of Lords is understandably infuriated by the curtailment of its powers, and the Barons of the Exchequer, though they are soon released from custody, are subject to intense vilification. While many people think that the Irish House of Lords had brought about the crisis by its own high-handed behaviour, the “Sixth of George I” remains a source of grievance for decades.

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


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Edward Poynings Appointed Lord Deputy of Ireland

Edward Poynings, best known for his introduction of “Poynings‘ Law,” which prevents the Irish Parliament from meeting without royal permission and approval of its agenda, is appointed Lord Deputy of Ireland under King Henry VII of England on September 13, 1494.

Poynings is the only son of Sir Robert Poynings, second son of the 5th Baron Poynings, and Elizabeth Paston, the only daughter of William Paston. He is likely born at his father’s house in Southwark in 1459. His father is a carver and sword-bearer to Jack Cade and is killed at the Second Battle of St. Albans on February 17, 1461. He is raised by his mother.

Robert Poynings is implicated in Jack Cade’s rebellion, and Edward is himself concerned in a Kentish rising against Richard III, which compels him to escape to Continental Europe. He attaches himself to Henry, Earl of Richmond, afterwards King Henry VII, with whom he returns to England in 1485.

Poynings is employed in the wars on the continent, and in 1493 he is made governor of Calais. In the following year he goes to Ireland as Lord Deputy under the viceroyalty of Prince Henry, afterwards King Henry VIII. He immediately sets about anglicizing the government of Ireland, which he thoroughly accomplishes, after inflicting punishment on the powerful Irish clans who support the imposture of Perkin Warbeck.

Poynings then summons the celebrated parliament of Drogheda, which meets in December 1494 and enacts the “Statutes of Drogheda,” famous in Irish history as “Poynings’s law,” which make the Irish legislature subordinate to, and completely dependent on, that of England, until its repeal in 1782.

After defeating Perkin Warbeck at Waterford and driving him out of Ireland, he returns to England in 1496, and is appointed warden of the Cinque Ports. He is employed both in military commands and in diplomatic missions abroad by Henry VII, and later by Henry VIII, his most important achievement being the successful negotiation of the “holy league” between England, Spain, the emperor, and the pope, in 1513. In 1520 Poynings is present at the Field of the Cloth of Gold, in the arrangement of which he has taken an active part. He is also present at Henry’s meeting with Emperor Charles V at Gravelines on July 10.

Poynings dies at Westenhanger in October 1521. By his wife, Elizabeth Scot, he leaves no surviving issue, and his estates pass through a collateral female line to the Earl of Northumberland. He has several illegitimate children, one of whom, Thomas Poynings, is created Baron Poynings in 1545, but dies in the same year without heirs.


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House of Lords Votes for the Acts of Union

The House of Lords votes on February 10, 1800, for the Acts of Union which sees Ireland lose its own parliament, direct rule is imposed on Ireland, and the United Kingdom of Great Britain and Ireland is created. The acts come into force on January 1, 1801, and the merged Parliament of the United Kingdom has its first meeting on January 22, 1801. Both acts remain in force, with amendments, in the United Kingdom of Great Britain and Northern Ireland but have been repealed in the Republic of Ireland.

Before these Acts, Ireland had been in personal union with England since 1541, when the Parliament of Ireland had passed the Crown of Ireland Act 1542, proclaiming King Henry VIII of England to be King of Ireland. Since the 12th century, the King of England had been technical overlord of the Lordship of Ireland, a papal possession. Both the Kingdoms of Ireland and England later came into personal union with that of Scotland upon the Union of the Crowns in 1603.

In 1707, the Kingdom of England and the Kingdom of Scotland were united into a single kingdom: the Kingdom of Great Britain. The Irish Parliament at that time was subject to a number of restrictions that placed it subservient to the Parliament of England and, following the union of England and Scotland, the Parliament of Great Britain. Ireland, however, gained effective legislative independence from Great Britain through the Constitution of 1782.

By this time access to institutional power in Ireland was restricted to a small minority, the Anglo-Irish of the Protestant Ascendancy, and frustration at the lack of reform among the Catholic majority eventually led, along with other reasons, to the Irish Rebellion in 1798, involving a French invasion of Ireland and the seeking of complete independence from Great Britain. This rebellion was crushed with much bloodshed, and the subsequent drive for union between Great Britain and Ireland that passes in 1800 is motivated at least in part by the belief that the rebellion was caused as much by reactionary loyalist brutality as by the Society of United Irishmen.

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

Complementary acts have to be passed in the Parliament of Great Britain and in the Parliament of Ireland. The Parliament of Ireland had recently gained a large measure of legislative independence under the Constitution of 1782. Many members of the Irish Parliament jealously guard this autonomy and a motion for union is legally rejected in 1799.

Only Anglicans are permitted to become members of the Parliament of Ireland, though the great majority of the Irish population are Roman Catholic, with many Presbyterians in Ulster. In 1793 Roman Catholics regain the right to vote if they own or rent property worth £2 per acre. The Catholic hierarchy is strongly in favour of union, hoping for rapid emancipation and the right to sit as MPs, which is delayed after the passage of the acts until the passage of the Roman Catholic Relief Act 1829.

From the perspective of Great Britain, the union is desirable because of the uncertainty that followed the Irish Rebellion of 1798 and the French Revolution of 1789. If Ireland adopted Catholic Emancipation, willingly or not, a Roman Catholic Parliament could break away from Britain and ally with the French. Also the Irish and British Parliaments, when creating a regency during King George III‘s “madness”, gave the Prince Regent different powers. These considerations lead Great Britain to decide to attempt merger of the two kingdoms and their Parliaments.

The final passage of the Act in the Irish Parliament is achieved with substantial majorities, in part according to contemporary documents through bribery, namely the awarding of peerages and honours to critics to get their votes. Whereas the first attempt had been defeated in the Irish House of Commons by 109 votes against to 104 for, the second vote in 1800 produces a result of 158 to 115.

In the first Parliament of the United Kingdom of Great Britain and Ireland, the members of the House of Commons are not elected afresh. By royal proclamation authorised by the Act, all the members of the last House of Commons from Great Britain take seats in the new House, and from Ireland 100 members are chosen from the last Irish House of Commons: two members from each of the 32 counties and from the two largest boroughs, and one from each of the next 31 boroughs (chosen by lot) and from the University of Dublin. The other 84 Irish parliamentary boroughs are disfranchised, all being pocket boroughs, whose patrons receive £15,000 compensation for the loss of what is considered their property.

(Pictured: Coat of Arms of the United Kingdom from 1837 to 1952 used by Queen Victoria, King Edward VII, George V, Edward VIII and George VI)


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The Roman Catholic Relief Act 1829 Receives Royal Assent

coat-of-arms-of-the-united-kingdom

The Roman Catholic Relief Act 1829, the culmination of the process of Catholic emancipation throughout the United Kingdom, receives royal assent on April 13, 1829. In Ireland it repeals the Test Act 1673 and the remaining Penal Laws which had been in force since the passing of the Disenfranchising Act of the Parliament of Ireland of 1728. Its passage follows a vigorous campaign that threatens insurrection led by Irish lawyer Daniel O’Connell. The British leaders, starting with the Prime Minister, Arthur Wellesley, 1st Duke of Wellington, and his top aide Robert Peel, although personally opposed, give in to avoid civil strife. Ireland is quiet after the passage.

In 1778, English Catholics are relieved of the restrictions on land inheritance and purchase. A savage reaction to these concessions produces the Gordon Riots of 1780, and the whole history of Catholic Emancipation is one of struggle against great resistance. In 1791 the Roman Catholic Relief Act repeals most of the disabilities in Great Britain, provided Catholics take an oath of loyalty. In 1793 the army, the navy, the universities, and the judiciary are opened to Catholics, although seats in Parliament and some offices are still denied. These reforms are sponsored by William Pitt the Younger, who hopes thereby to split the alliance of Irish Catholics and Protestants. But Pitt’s attempt to secure a general repeal of the Penal Laws is thwarted by George III. Pope Pius VII consents to a royal veto on episcopal nominations if the Penal Laws are repealed, but the move fails. In Ireland the repeal of Poynings’ Law in 1782 is followed by an act (1792) of the Irish Parliament relaxing the marriage and education laws and an act (1793) allowing Catholics to vote and hold most offices.

The Roman Catholic Relief Act 1829 permits members of the Catholic Church to sit in the parliament at Westminster and to hold all but a handful of public offices. O’Connell had won a seat in a by-election for Clare in 1828 against an Anglican. Under the then extant penal law, O’Connell as a Catholic, is forbidden to take his seat in Parliament. Peel, the Home Secretary, until then is called “Orange Peel” because he always supports the Orange (anti-Catholic) position. Peel now concludes, “Though emancipation was a great danger, civil strife was a greater danger.” Fearing a revolution in Ireland, Peel draws up the Catholic Relief Bill and guides it through the House of Commons. To overcome the vehement opposition of both the House of Lords and King George IV, the Duke of Wellington works tirelessly to ensure passage in the House of Lords and threatens to resign as Prime Minister if the King does not give Royal Assent.

With the Universities Tests Act 1871, which opens the universities to Roman Catholics, Catholic Emancipation in the United Kingdom is virtually complete.


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The Octennial Act Receives Royal Assent

parliament-of-ireland

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

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

Since the end of the Seven Years’ War in 1763, the British government has wished to increase the size of Irish regiments, the part of the British Army charged on the Irish exchequer rather than the British. In 1767, the Chatham Ministry appoints George Townshend, 4th Viscount Townshend, as Lord Lieutenant of Ireland and instructs him to secure the support of the Irish parliament for an Augmentation Bill to effect this increase. The British consider several possible concessions to win over the Irish Patriot Party, and at his speech from the throne, Townshend promises judicial tenure quamdiu se bene gesserint and hints at a Septennial Act.

Lucas again introduces heads of a Septennial Bill on October 20, 1767. Barry Maxwell introduces heads of a judicial tenure bill the same day. In November, the appointment of James Hewitt, 1st Baron Lifford, as Lord Chancellor of Ireland alienates the Undertakers who had hoped for the post. In addition, the British Privy Council adds a wrecking amendment to the judicial tenure bill, which causes the Irish parliament to reject the bill once returned to Dublin. The council also makes three amendments to Lucas’ bill – to the preamble, to extend the limit from seven to eight years, thus an Octennial Bill, and to bring forward the date of the next general election from 1774 to 1768. According to Francis Plowden, the Privy Council insists on the modification to eight years as a wrecking amendment, expecting that the Irish parliament will reject the bill on principle once any amendment has been made to it, and is disappointed when its amended bill is passed. William Edward Hartpole Lecky calls this “without foundation,” stating the actual reasons for eight years are that the Irish Parliament only meets every second year, and to reduce the chance of Irish and British general elections coinciding.

The Octennial Act reinvigorates the Commons, both with newly elected reformers and with MPs made more active by the prospect of imminent re-election. Changes include more assertiveness over supply bills and Poynings’ Law, easing the penal laws, and securing the Constitution of 1782. There are unsuccessful attempts to shorten the maximum duration, in 1773 by Sir William Parsons and in 1777 by Sir Edward Newenham.

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


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Enactment of Poyning’s Law

poynings-law-enacted

Poynings’ Law, also known as the Statute of Drogheda, an Act of the Parliament of Ireland which provides that the parliament cannot meet until its proposed legislation has been approved by both Ireland’s Lord Deputy and Privy Council and by England’s monarch and Privy Council, is enacted on December 1, 1494.

Poynings’ Parliament is called by Sir Edward Poynings in his capacity as Lord Deputy of Ireland, appointed by King Henry VII of England in his capacity as Lord of Ireland. Coming in the aftermath of the divisive Wars of the Roses, Poynings’ intention is to make Ireland once again obedient to the English monarchy. Assembling the Parliament on December 1, 1494, he declares that the Parliament of Ireland is thereafter to be placed under the authority of the Parliament of England. This marks the beginning of Tudor direct rule in Ireland, although Henry VII is still forced to rely on Old English nobles (such as Gerald FitzGerald, 8th Earl of Kildare, despite his support for Lambert Simnel) as his deputies in Ireland through the intervening years.

The working of Poynings’ Law takes place in several steps. The first step is for the lieutenant governor and the Irish council, or Irish executive, to decide that a parliament is needed, usually for the purpose of raising funds. At this point the council and lieutenant write drafts of legislation to be proposed to the king and his council. After this has been completed, the lieutenant and council, according to the act, are required to certify the request for parliament “under the great seal of that land [Ireland],” and then forward it to England for approval. Once the request arrives in England, it is reviewed by the King and his council, and a formal licence approving the request for parliament and the draft bills are returned to Ireland. Once the licence is received in Ireland, the governor summons parliament and the bills are passed.

The two important aspects of the procedure presented by Poynings’ Law are transmission and certification. Both of these requirements place limits on various parties within the law-making process in Ireland. The combination of these processes creates a situation where bills can be sent, along with the request for parliament, and the king can amend and remove such bills as he wishes, however he cannot add new bills himself.

Furthermore, the two processes make it impossible for the Irish to add more bills or amendments to a request, after the initial licence request has been granted. This means that any additional bills or amendments that they wish to pass in parliament have to be re-sent along with an entirely new request for parliament. Clearly this creates severe inefficiencies in the legislative process and thus gives the executive in Ireland as well as the Crown an interest in relaxing procedure.

Poynings’ Law is a major rallying point for later groups seeking self-government for Ireland, particularly the Confederate Catholics in the 1640s and Henry Grattan‘s Patriot Party in the late 18th century, who consistently seek a repeal of Poynings’ Law. The Act remains in place until the Constitution of 1782 gives the Irish parliament legislative independence. The Acts of Union 1800 render most of the Constitution of 1782 and Poynings’ Law moot. Poynings’ Law is formally repealed as obsolete by the Statute Law Revision (Ireland) Act 1878.


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Birth of Irish Politician Henry Grattan

henry-grattan

Henry Grattan, Irish politician and member of the Irish House of Commons, who campaigns for legislative freedom for the Irish Parliament in the late 18th century, is born at Fishamble Street in Dublin on July 3, 1746.

Grattan is baptised at the church of St. John the Evangelist in Dublin. He attends Drogheda Grammar School and then goes on to become a distinguished student at Trinity College, Dublin, where he begins a lifelong study of classical literature, and is especially interested in the great orators of antiquity.

After studying at the King’s Inns, Dublin, and being called to the Irish bar in 1772, he never seriously practises law but is drawn to politics, influenced by his friend Henry Flood. He enters the Irish Parliament for Charlemont in 1775, sponsored by Lord Charlemont, just as Flood has damaged his credibility by accepting office. Grattan quickly supersedes Flood in the leadership of the national party, not least because his oratorical powers are unsurpassed among his contemporaries.

Grattan’s movement gains momentum as more and more Irish people come to sympathize with the North American colonists in their war for independence from Great Britain. By 1779, he is powerful enough to persuade the British government to remove most of its restraints on Irish trade, and in April 1780 he formally demands the repeal of Poynings’ Law, which has made all legislation passed by the Irish Parliament subject to approval by the British Parliament. Two years later the British relinquish their right to legislate for Ireland and frees the Irish Parliament from subservience to the English Privy Council. Despite these successes, Grattan soon faces rivalry from Flood, who bitterly criticizes Grattan for failing to demand that the British Parliament completely renounce all claims to control of Irish legislation. Flood succeeds in undermining Grattan’s popularity, but by 1784 Flood himself has lost much of his following.

From 1782 to 1797 Grattan makes limited progress in his struggle to reform the composition of the Irish Parliament and to win voting rights for Ireland’s Roman Catholics. The outbreak of the French Revolution in 1789 bolsters his cause by infusing democratic ideas into Ireland, but the subsequent growth of a radical Irish movement for Catholic emancipation provokes repressive measures by the British. Grattan is caught between the two sides. Ill and discouraged, he retires from Parliament in May 1797 and is in England when the Irish radicals stage an unsuccessful rebellion in 1798.

Grattan returns to Parliament for five months in 1800 and wages a vigorous but fruitless campaign against Prime Minister William Pitt’s plans for the legislative union of the Irish and British parliaments. In 1805, Grattan is elected to the British House of Commons, where for the last 15 years of his life he fights for Catholic emancipation.

In 1920, after crossing from Ireland to London while in poor health to bring forward the Irish question once more, he becomes seriously ill. On his deathbed he speaks generously of Castlereagh, and with warm eulogy of his former rival, Flood. Henry Grattan dies on June 4, 1820, and is buried in Westminster Abbey. His statue is in the Outer Lobby of the Palace of Westminster.

The building housing the faculty of Law and Government at Dublin City University has been named in his honour. Grattan Bridge crossing the River Liffey between Parliament Street on the south side of Dublin and Capel Street on the north side is also named in his honour.


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The Acts of Union 1800

On January 1, 1801, the Acts of Union 1800 goes into effect uniting the Kingdom of Great Britain and the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland. The Acts of Union 1800 consists of two acts with the same long title, An Act for the Union of Great Britain and Ireland. Both are passed in 1800.

Before these Acts, Ireland had been in personal union with England since 1541, when the Parliament of Ireland had passed the Crown of Ireland Act 1542 proclaiming King Henry VIII of England to be King of Ireland. Both Ireland and England had come in personal union with Scotland with the Union of the Crowns in 1603.

In 1707, the Kingdom of England and the Kingdom of Scotland were united into a single kingdom named the Kingdom of Great Britain. The Irish parliament at that time was subject to a number of restrictions that placed it subservient to the Parliament of England and, following the union of England and Scotland, the Parliament of Great Britain.

In the century that followed the union of England and Scotland, Ireland gained effective legislative independence from Great Britain through the Constitution of 1782. However, access to institutional power in Ireland was restricted to a small minority, the so-called Anglo-Irish of the Protestant Ascendancy. Frustration at the lack of reform eventually led to a rebellion in 1798, involving a French invasion of Ireland and seeking complete independence from Great Britain. The rebellion was crushed with much bloodshed and the subsequent drive for union between Great Britain and Ireland that passed in 1800 was motivated at least in part by the belief that the rebellion was caused as much by loyalist brutality as by the United Irishmen.

Each Act had to be passed in the Parliament of Great Britain and the Parliament of Ireland. The final passage of the Act in the Irish Parliament was achieved with substantial majorities, achieved in part according to contemporary documents through bribery, namely the awarding of peerages and honours to critics to get their votes.

Both Acts, though since amended, still remain in force in the United Kingdom but have been repealed in the Republic of Ireland.