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Tag Archives: Statute Law Revision (Ireland) Act 1878


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The Banishment Act Goes into Effect

The Banishment Act or Bishops’ Banishment Act, which receives royal assent on September 25, 1697, requires most Catholic clergy to leave the kingdom by May 1, 1698, and bans Catholic clergy from entering the kingdom. The Act is never efficiently enforced.

The Banishment Act is a 1697 Act of the Parliament of Ireland which banishes all ordinaries and regular clergy of the Roman Catholic Church from Ireland. All “popish archbishops, bishops, vicars general, deans, jesuits, monks, friars, and other regular popish clergy” are required to be in one of several named ports awaiting a ship out of the country by May 1, 1698. Remaining or entering the country after this date would result in punishment as a first offence with twelve months imprisonment followed by expulsion. A second offence would constitute high treason.

The Act is one of the Penal Laws passed after the Williamite War to safeguard the Church of Ireland as the established church and from fears of Catholic clerical support for Jacobitism. It is foreshadowed by proclamations issued by the Dublin Castle administration in 1673 and 1678 with similar terms. The banishment is originally and most effectively applied to regular clergy, many of whom register under the Registration Act of 1704, as parish priests to be treated as secular clergy and avoid deportation. The ban on bishops may have been intended to prevent ordination of new priests, which, coupled with a ban on clerical immigration, would lead to their eventual extinction. Of the eight Catholic bishops in Ireland when the act is passed, two leave, one (John Sleyne)is arrested, and five go into hiding. The port authorities pay for the passage of 424 clerics who emigrate. Mary of Modena estimates that about 700 in total leave, of whom 400 settle in France. Priest hunters are active in subsequent decades. Maurice Donnellan, Bishop of Clonfert, is arrested in 1703 but rescued by an armed crowd.

The Act is gradually less stringently enforced as the eighteenth century progresses. The Roman Catholic Relief Act 1782 provides that its provisions cannot apply to a priest who has registered and taken the oath of supremacy. The Act is explicitly repealed by the Statute Law Revision (Ireland) Act 1878.


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The Registration Act 1704 Comes Into Force

parliament-of-irelandThe Registration Act 1704 (2 Ann c.7; long title An Act for registering the Popish Clergy), an Act of the Parliament of Ireland, comes into force on June 23, 1704 after receiving royal assent on March 4, 1704. It requires all Catholic priests in Ireland to register at their local magistrates‘ court, to pay two £50 bonds to ensure good behaviour, and to stay in the county where they registered.

The act is one of a series of Penal Laws passed after the Williamite War to protect the victorious Protestant Ascendancy from a church seen as loyal to the defeated Jacobites and to foreign powers. Its second section states that if an Irish Catholic priest is converted to the established Church of Ireland, he will receive a £20 stipend, levied on the residents of the area where he had last practised. Unregistered clergy are to depart Ireland before July 20, 1704 and any remaining after June 24, 1705 are to be deported. Any that returned are to be punished as under the Banishment Act of 1697 (as high treason). These are sought out by freelance “priest hunters.”

A 1704 act (4 Anne c.2) amends the Registration Act, Banishment Act and Popery Act, to close a loophole whereby they had not applied to priests ordained after the original act first came into force. The 1704 act, originally set to expire after the 1708–1709 session of Parliament, is made permanent in that session. The Roman Catholic Relief Act 1782 provides that these acts’ provisions cannot apply to a priest who has registered and taken an oath of allegiance. Daniel O’Connell drafts a comprehensive Catholic emancipation bill in the 1820s which would have repealed all these acts; in the event the Roman Catholic Relief Act 1829 is more limited and the acts are not formally repealed until the Statute Law Revision (Ireland) Act 1878 is passed on August 13, 1878.


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Enactment of Poyning’s Law

poynings-law-enactedPoynings’ 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 create 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.