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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Northern Ireland, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.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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Death of William Steel Dickson, Minister & United Irishman

William Steel Dickson, Irish Presbyterian minister and member of the Society of the United Irishmen, dies on December 27, 1824, in Belfast, in what is now Northern Ireland.

Dickson is born on December 25, 1744, the eldest son of John Dickson, a tenant farmer of Ballycraigy, in the parish of Carnmoney, County Antrim. His mother is Jane Steel and, on the death of his uncle, William Steel, on May 13, 1747, the family adds his mother’s maiden name to their own.

In his boyhood, Dickson is educated by Robert White, a Presbyterian minister from Templepatrick and enters University of Glasgow in November 1761. Following graduation, he is apparently employed for a time in teaching, and in 1771 he is ordained as a Presbyterian minister. Until the outbreak of the American Revolutionary War, he occupies himself mainly with parochial and domestic duties. His political career begins in 1776, when he speaks and preaches against the “unnatural, impolitic and unprincipled” war with the American colonies, denouncing it as a “mad crusade.” On two government fast-days his sermons on “the advantages of national repentance” (December 13, 1776), and on “the ruinous effects of civil war” (February 27, 1778) create considerable excitement when published. Government loyalists denounce Dickson as a traitor.

Political differences are probably at the root of a secession from his congregation in 1777. The seceders form a new congregation at Kircubbin, County Down, in defiance of the authority of the general synod.

In 1771 Dickson marries Isabella Gamble, a woman of some means, who dies on July 15, 1819. They have at least eight children, but he outlives them all. One of his sons is in the Royal Navy and dies in 1798.

Dickson enters with zest into the volunteer movement of 1778, being warmly in favour of the admission of Roman Catholics to the ranks. This is resisted “through the greater part of Ulster, if not the whole.” In a sermon to the Echlinville volunteers on March 28, 1779, he advocates the enrolment of Catholics and though induced to modify his language in printing the discourse, he offends “all the Protestant and Presbyterian bigots in the country.” He is accused of being a papist at heart, “for the very substantial reason, among others, that the maiden name of the parish priest’s mother was Dickson.”

Though the contrary has been stated, Dickson is not a member of the Volunteer conventions at Dungannon in 1782 and 1783. He throws himself heart and soul into the famous election for County Down in August 1783, when the families of Hill and Stewart, compete for the county seat in Parliament. He, with his forty-shilling freeholders, fails to secure the election of Robert Stewart. But in 1790 he successfully campaigns for the election of Stewart’s son, better known as Lord Castlereagh. Castlereagh proves his gratitude by referring at a later date to Dickson’s popularity in 1790, as proof that he was “a very dangerous person to leave at liberty.”

In December 1791, Dickson joins Robert White’s son, John Campbell White, taking the “test” of the first Society of United Irishmen, organised in October in Belfast following a meeting held with Theobald Wolfe Tone, Protestant secretary of the Catholic Committee in Dublin. According to Dickson himself, he attends no further meetings of the Society but devotes himself to spreading its principles among the volunteer associations, in opposition to the “demi-patriotic” views of the Whig Club.

At a great volunteer meeting in Belfast on July 14, 1792, Dickson opposes a resolution for the gradual removal of Catholic disabilities and assists in obtaining a unanimous pledge in favour of total and immediate emancipation. Parish and county meetings are held throughout Ulster, culminating in a provincial convention at Dungannon on February 15, 1793. He is a leading spirit at many of the preliminary meetings, and, as a delegate from the Barony of Ards, he has a chief hand in the preparation of the Dungannon resolutions. Their avowed object is to strengthen the throne and give vitality to the constitution by “a complete and radical reform.” He is nominated on a committee of thirty to summon a national convention. The Irish parliament goes no further in the direction of emancipation than the Roman Catholic Relief Act 1793, which receives the royal assent on April 9, and remains unextended until 1829. While the passing of Lord Clare‘s Convention Act, still in force, makes illegal all future assemblies of delegates “purporting to represent the people, or any description of the people.”

In March and April 1798, Dickson is in Scotland arranging some family affairs. During his absence plans are made for an insurrection in Ulster, and soon after his return he agrees to take the place of Thomas Russell, who had been arrested, as adjutant-general of the United Irish forces for County Down. A few days before the county is to rise, he is himself arrested at Ballynahinch.

Dickson is conveyed to Belfast and lodged in the “black hole” and other prisons until August 12 when he is removed to a prison ship with William Tennant, Robert Hunter, Robert Simms, David Bailie Warden and Thomas Ledlie Birch, and detained there amid considerable discomfort. On March 25, 1799, Dickson, Tennant, Hunter, and Simms join the United Irish “State Prisoners” on a ship bound for Fort George, Highland prison in Scotland. This group, which includes Samuel Neilson, Arthur O’Connor, Thomas Russell, William James MacNeven, and Thomas Addis Emmet, arrives in Scotland on April 9, 1799. He spends two years there.

Unlike the more high-profile prisoners like O’Connor and MacNeven who are not released until June 1802, Tennant, Dickson, and Simms are permitted to return to Belfast in January 1802.

Dickson returns to liberty and misfortune. His wife has long been a helpless invalid, his eldest son is dead, his prospects are ruined. His congregation at Portaferry had been declared vacant on November 28, 1799. William Moreland, who had been ordained as his successor on June 16, 1800, at once offers to resign, but Dickson will not hear of this. He has thoughts of emigration but decides to stand his ground. At length, he is chosen by a seceding minority from the congregation of Keady, County Armagh, and installed minister on March 4, 1803.

Dickson’s political engagement ends with his attendance on September 9, 1811, of a Catholic meeting in Armagh, on returning from which he is cruelly beaten by Orangemen. In 1815 he resigns his charge in broken health and henceforth subsists on charity. Joseph Wright, an Episcopalian lawyer, gives him a cottage rent-free in the suburbs of Belfast, and some of his old friends make him a weekly allowance. His last appearance in the pulpit is early in 1824. He dies on December 27, 1824, having just passed his eightieth year, and is buried “in a pauper’s grave” at Clifton Street Cemetery, Belfast.


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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 John FitzGibbon, 1st Earl of Clare, Lord Chancellor of Ireland

John FitzGibbon, 1st Earl of Clare PC (Ire), Attorney-General for Ireland from 1783 to 1789 and Lord Chancellor of Ireland from 1789 to 1802, is born near Donnybrook, Dublin, on August 23, 1749. He remains a deeply controversial figure in Irish history, being described variously as an old-fashioned anti-Catholic Whig political party hardliner and an early advocate of the Act of Union between Ireland and Great Britain (which finally happens in 1801, shortly before his death).

FitzGibbon is the son of John FitzGibbon of Ballysheedy, County Limerick, and his wife Isabella Grove, daughter of John Grove, of Ballyhimmock, County Cork. His father is born a Catholic but converts to the state religion in order to become a lawyer and amasses a large fortune. He has three sisters, Arabella, Elizabeth, and Eleanor. He is educated at Trinity College Dublin (TCD) and Christ Church, Oxford. He enters the Irish House of Commons in 1778 as Member for Dublin University, and holds this seat until 1783, when he is appointed Attorney General. From the same year, he represents Kilmallock until 1790. He is appointed High Sheriff of County Limerick for 1782.

When appointed Lord Chancellor of Ireland in 1789, FitzGibbon is granted his first peerage as Baron FitzGibbon, of Lower Connello in the County of Limerick, in the Peerage of Ireland that year. This does not entitle him to a seat in the British House of Lords, only in the Irish House of Lords. His later promotions come mostly in the Peerage of Ireland, being advanced to a Viscountcy in 1793 and the Earldom of Clare in 1795. He finally achieves a seat in the British House of Lords in 1799 when created Baron FitzGibbon, of Sidbury in the County of Devon, in the Peerage of Great Britain.

As Lord Chancellor for Ireland, FitzGibbon is a renowned champion of the Protestant Ascendancy and an opponent of Catholic emancipation. He despises the Parliament of Ireland‘s popular independent Constitution of 1782. He is also personally and politically opposed to the Irish politician Henry Grattan who urges a moderate course in the Irish Parliament and is responsible for defeating Grattan’s efforts to reform the Irish land tithe system under which Irish Catholic farmers (and all non-Anglican farmers) are forced to financially support the minority Anglican Church of Ireland. These are not fully repealed until 1869 when the Church of Ireland is finally disestablished, although Irish tithes are commuted after the Tithe War (1831–1836).

FitzGibbon opposes the Irish Roman Catholic Relief Act 1793 personally but apparently recommends its acceptance in the House of Lords, being forced out of necessity when that Act had been recommended to the Irish Executive by the British Cabinet led by William Pitt the Younger. Pitt expects Ireland to follow the British Roman Catholic Relief Act 1791 and allow Catholics to vote again and hold public offices. At the same time, FitzGibbon apparently denounces the policy this Act embodies, so it is probably safe to say that FitzGibbon’s own beliefs and principles conflict with his obligations as a member of the Irish executive of the time.

FitzGibbon’s role in the recall, soon after his arrival, of the popular pro-Emancipation Lord Lieutenant of Ireland, William Fitzwilliam, 4th Earl of Fitzwilliam, is debatable. Although he is probably politically opposed to the Lord Lieutenant of Ireland, Fitzwilliam is apparently recalled, because of his own independent actions. Fitzwilliam is known to be friendly to the Ponsonby family and is generally a Foxite liberal Whig. His close association with and patronage of Irish Whigs led by Grattan and Ponsonby during his short tenure, along with his alleged support of an immediate effort to secure Catholic emancipation in a manner not authorized by the British cabinet is likely what leads to his recall. Thus, if anyone is to blame in the short-lived “Fitzwilliam episode” it is Henry Grattan and the Ponsonby brothers – presumably William Ponsonby, later Lord Imokilly, and his brother George Ponsonby — not to mention Lord Fitzwilliam himself. Irish Catholics at the time and later naturally see things very differently and blame hardline Protestants such as FitzGibbon.

Irish Catholics and FitzGibbon apparently agree on one point – Irish political and economic union with Great Britain, which eventually takes place in 1801. Pitt wants Union with Ireland concomitantly with Catholic emancipation, commutation of tithes, and the endowment of the Irish Catholic priesthood. Union is opposed by most hardline Irish Protestants, as well as liberals such as Grattan. FitzGibbon is a strong supporter of the Union since 1793 but refuses to have Catholic emancipation with the Union.

In the end, FitzGibbon’s views wins out, leading to the Union of Ireland with Great Britain to form the United Kingdom of Great Britain and Ireland without any concessions for Ireland’s Catholic majority, or for that matter, Catholics in the rest of the new United Kingdom. He later claims that he has been duped by the way in which the Act is passed and is bitterly opposed to any concessions during the short remainder of his life.

FitzGibbon’s role as Lord Chancellor of Ireland during the period of the 1798 rebellion is questionable. According to some, he supports a hardline policy which uses torture, murder and massacre to crush the rebellion, or that as Lord Chancellor, he has considerable influence on military affairs, and that martial law cannot be imposed without his consent. Others allege that as Lord Chancellor, he has no say in military affairs. His former side is displayed by sparing the lives of the captured United Irish leaders in return for their confession of complicity and provision of information relating to the planning of the rebellion. However, this willingness of the prisoners to partake of the agreement is spurred by the execution of the Sheares brothers on July 14, 1798.

In contrast to the leniency shown to the largely upper-class leadership, the full weight of military repression is inflicted upon the common people throughout the years 1797–98 with untold thousands suffering imprisonment, torture, transportation and death. Fitzgibbon ss inclined to show no mercy to unrepentant rebels and in October 1798 he expressed his disgust upon the capture of Wolfe Tone that he had been granted a trial and his belief that Tone should have been hanged as soon as he set foot on land.

FitzGibbon is quick to recognise that sectarianism is a useful ally to divide the rebels and prevent the United Irishmen from achieving their goal of uniting Protestant, Catholic and Dissenter, writing in June 1798, “In the North nothing will keep the rebels quiet but the conviction that where treason has broken out the rebellion is merely popish.”

FitzGibbon is noted by some as a good, improving landlord to both his Protestant and Catholic tenants. Some claim that the tenants of his Mountshannon estate call him “Black Jack” FitzGibbon. However, there is no evidence to support this claim, although there is little to no evidence on his dealings as a landlord. Irish nationalists and others point out that while he might have been interested in the welfare of his own tenants on his own estate, he treats other Irish Catholics very differently. Without further evidence, his role as a Protestant landowner in mainly Catholic Ireland is of little importance against his known dealings as Lord Chancellor.

FitzGibbon dies at his home, 6 Ely Place near St. Stephen’s Green, Dublin, on January 28, 1802, and is buried in the churchyard at St. Peter’s Church, Aungier Street, Dublin. A hero to Protestant hardliners, but despised by the majority Catholic population, his funeral cortege is the cause of a riot and there is a widespread story that a number of dead cats are thrown at his coffin as it departs Ely Place.

(Pictured: “Portrait of John FitzGibbon, 1st Earl of Clare,” painting by Gilbert Stuart, 1789)


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The Disfranchising Act 1728 Receives Royal Assent

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.