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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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Birth of Thomas Spring Rice, 1st Baron Monteagle of Brandon

Thomas Spring Rice, 1st Baron Monteagle of Brandon, PC, FRS, FGS, British Whig politician who serves as Chancellor of the Exchequer from 1835 to 1839, is born on February 8, 1790, into a notable Anglo-Irish family which owns large estates in Munster.

Spring Rice is one of the three children of Stephen Edward Rice, of Mount Trenchard House, and Catherine Spring, daughter and heiress of Thomas Spring of Ballycrispin and Castlemaine, County Kerry, a descendant of the Suffolk Spring family. He is a great grandson of Sir Stephen Rice, Chief Baron of the Irish Exchequer and a leading Jacobite Sir Maurice FitzGerald, 14th Knight of Kerry. His grandfather, Edward, converted the family from Roman Catholicism to the Anglican Church of Ireland, to save his estate from passing in gavelkind.

Spring Rice is educated at Trinity College, Cambridge, and later studies law at Lincoln’s Inn, but is not called to the Bar. His family is politically well-connected, both in Ireland and Great Britain, and he is encouraged to stand for Parliament by his father-in-law, Lord Limerick.

Spring Rice first stands for election in Limerick City in 1818 but is defeated by the Tory incumbent, John Vereker, by 300 votes. He wins the seat in 1820 and enters the House of Commons. He positions himself as a moderate unionist reformer who opposes the radical nationalist politics of Daniel O’Connell and becomes known for his expertise on Irish and economic affairs. In 1824 he leads the committee which establishes the Ordnance Survey in Ireland.

Spring Rice’s fluent debating style in the Commons brings him to the attention of leading Whigs and he comes under the patronage of the Marquess of Lansdowne. As a result, he is made Under-Secretary of State for the Home Department under George Canning and Lord Goderich in 1827, with responsibility for Irish affairs. This requires him to accept deferral of Catholic emancipation, a policy which he strongly supports. He then serves as joint Secretary to the Treasury from 1830 to 1834 under Lord Grey. Following the Reform Act 1832, he is elected to represent Cambridge from 1832 to 1839. In June 1834, Grey appoints him Secretary of State for War and the Colonies, with a seat in the cabinet, a post he retains when Lord Melbourne becomes Prime Minister in July. A strong and vocal unionist throughout his life, he leads the Parliamentary opposition to Daniel O’Connell’s 1834 attempt to repeal the Acts of Union 1800. In a six-hour speech in the House of Commons on April 23, 1834, he suggests that Ireland should be renamed “West Britain.” In the Commons, he also champions causes such as the worldwide abolition of slavery and the introduction of state-supported education.

The Whig government falls in November 1834, after which Spring Rice attempts to be elected Speaker of the House of Commons in early 1835. When the Whigs return to power under Melbourne in April 1835, he is made Chancellor of the Exchequer. As Chancellor, he has to deal with crop failures, a depression and rebellion in North America, all of which create large deficits and put considerable strain on the government. His Church Rate Bill of 1837 is quickly abandoned and his attempt to revise the charter of the Bank of Ireland ends in humiliation. Unhappy as Chancellor, he again tries to be elected as Speaker but fails. He is a dogmatic figure, described by Lord Melbourne as “too much given to details and possessed of no broad views.” Upon his departure from office in 1839, he has become a scapegoat for the government’s many problems. That same year he is raised to the peerage as Baron Monteagle of Brandon, in the County of Kerry, a title intended earlier for his ancestor Sir Stephen Rice. He is also Comptroller General of the Exchequer from 1835 to 1865, despite Lord Howick‘s initial opposition to the maintenance of the office. He differs from the government regarding the exchequer control over the treasury, and the abolition of the old exchequer is already determined upon when he dies.

From 1839 Spring Rice largely retires from public life, although he occasionally speaks in the House of Lords on matters generally relating to government finance and Ireland. He vehemently opposes John Russell, 1st Earl Russell‘s policy regarding the Irish famine, giving a speech in the Lords in which he says the government had “degraded our people, and you, English, now shrink from your responsibilities.”

In addition to his political career, Spring Rice is a commissioner of the state paper office, a trustee of the National Gallery and a member of the senate of the University of London and of the Queen’s University of Ireland. Between 1845 and 1847, he is President of the Royal Statistical Society. In addition, he is a Fellow of the Royal Society and a Fellow of the Geological Society of London. In May 1832 he becomes a member of James Mill‘s Political Economy Club.

Spring Rice is well regarded in Limerick, where he is seen as a compassionate landlord and a good politician. An advocate of traditional Whiggism, he strongly believes in ensuring society is protected from conflict between the upper and lower classes. Although a pious Anglican, his support for Catholic emancipation wins him the favour of many Irishmen, most of whom are Roman Catholic. He leads the campaign for better county government in Ireland at a time when many Irish nationalists are indifferent to the cause. During the Great Famine of the 1840s, he responds to the plight of his tenants with benevolence. The ameliorative measures he implements on his estates almost bankrupts the family and only the dowry from his second marriage saves his financial situation. A monument in honour of him still stands in the People’s Park in Limerick.

Even so, Spring Rice’s reputation in Ireland is not entirely favourable. In a book regarding assisted emigration from Ireland, a process in which a landlord pays for their tenants’ passage to the United States or Australia, Moran suggests that Spring Rice was engaged in the practice. In 1838, he is recorded as having “helped” a boat load of his tenants depart for North America, thereby allowing himself the use of their land. However, he is also recorded as being in support of state-assisted emigration across the British Isles, suggesting that his motivation is not necessarily selfish.

Spring Rice dies at the age of 76 on February 7, 1866. Mount Monteagle in Antarctica and Monteagle County in New South Wales are named in his honour.

(Pictured: Thomas Spring Rice, 1st Baron Monteagle of Brandon (1790-1866), contemporary portrait by George Richmond (1809-1896))