Background There was relatively little legal legislative development in the period 1760 to 1830. Britain’s position in the world strengthened considerably despite the loss of the thirteen North American colonies in 1776 to 1783. Blackstone’s Commentaries exalted the stability and wisdom of common law. The British Constitution and the liberty of subjects appeared to be an example to the world. The settlement following the so-called […]
Early 19th Century A series of official and unofficial enquiries in the first decades of the 19th century presented a picture of widespread and severe deprivation. It has been claimed that the conditions in Ireland were the worst in Europe, although this is disputed. There is evidence of higher nutritional standards and well-being, but poorer housing and clothing than in other countries. Prior to 1838, […]
The Famine The famine affected all parts of the country, but the south and west were particularly badly affected. The majority of the population depended on the potato. When the potato blight first appeared, public works were established to provide employment and the addition of food supplies was imported. Relief committees were established under the Central Temporary Relief Commission in 1845. The poor law guardians […]
Medical Dispensaries After the famine, outdoor relief was abolished or reduced to minimum levels. The Poor Law Commissioners and guardians attempted to revert to their pre-famine role. The medical profession sought to limit the expansion of the Commission’s role in medical matters. The Medical Charities Act of 1851 established dispensaries funded by the Poor Law rate and administered by local committees. They comprised poor law […]
Grand Juries Counties are ancient divisions which date back to the 13th to 16th centuries. Originally, assizes were held on a regular basis, often quarterly, dealing with the adjudication of legal disputes. They sat as grand juries and were comprised of the local aristocracy and upper classes. They had a role both in the judicial and the early origins of the administrative and, in particular, […]
Establishment During the 18th century, the Irish Parliament passed a number of Acts relating to land drainage. They required the initiative of promoters. The works carried out were largely limited to the construction of canals. The Board of Inland Navigation continued to exist after the Union of 1800. The Board of Public Works was established in 1831 with a vote of £500,000 for use in […]
Succession to Crown In 1688 and again in 1714, the rules of succession to the Crown were altered so that a Roman Catholic monarch could not succeed to the throne. Catholics were accordingly incapable of inheriting, possessing or enjoying the Crown and government of the realm. The Act of Settlement 1701 provided that the throne would pass to Sophia, Electress of Hanover and her protestant […]
Home Rule Movement The Home Government Association was formed in 1870 by a small group of prominent figures. They sought to establish a federal system for the United Kingdom with an Irish Parliament dealing with Irish affairs. This was an attempt to challenge the misgovernment of Ireland. Isaac Butt had sat in Parliament from 1852 to 1868 as a Conservative MP for Youghal. He shared […]
Encumbered Estates Act A 1849 Act established the Encumbered Estates Court. It authorised sale of lands of mortgaged and insolvent estates so that the purchaser obtained clear title. In 1858 the jurisdiction was transferred to the Landed Estates Court and ultimately to the Chancery division of the High Court. The court facilitated the sale of estates which were encumbered and subject to settlements, thereby impairing […]
Position on Union Upon the commencement of the Union in 1801, the superior (higher) courts in Ireland comprised the Chancery Court, the Prerogative Court which dealt with testamentary matters, the Admiralty Court and three Common Law Courts, the King’s Bench, the Common Pleas and Exchequer. There was an appeal from the Chancery and Common Law Courts to the Court of the Exchequer Chamber. There was […]
Statute of Labourers In earlier times, much labour was forced labour, dependent on the powers of Lords or other persons with influence in the community. The first Statute of Labourers was passed on the 23rd year of the reign of Edward III. This was done in consequence of the Black Death which reduced the number of labourers to such an extent that they sought increased […]
Counties At the start of the 18th century, the only local authority entities that existed in England and Wales were the county governed by justices of the peace in Quarter Sessions, the borough with its Town Council and the Parish with its Vestry. The institution of the County had originally been largely representative. The earl, bishop and other magnates attended in their own right and […]
Sanitation No sanitary services legislation existed in 1800. Systems of sewers and drains were rare. Houses might have a cesspool below the kitchen floor or some form of onsite septic tank. Even large country houses commonly had no water closet at all. At common law, a nuisance which was injurious to health was indictable. A person may be fined for accumulation of sewage on his […]
Settlements Settlements were a dominant feature of 19th century property holding by persons of substantial means and in particular, landed aristocratic families. Significant land holdings were commonly settled on trust for the current holder for life for and on his death for his children. The objective was not to divide land but to keep it intact in a line of descendants generally male. There was […]
Succession The Inheritance Act 1833 changed and codified heirship. It removed anomalous ancient common law rules tracing entitlement from the last purchaser instead of last person seized. Lineal ancestors, as well as descendants, were admitted as heirs. Heirs of the half-blood were admitted. At the start of the 19th century, when a man died, with real estate held in fee simple, his widow was entitled […]
Financial Departments At the beginning of the 19th century there existed a number of historical and anomalous financial departments. The Exchequer was of ancient origin. The Revenue Board controlled a number of departments and had existed for several hundred years. Three auditing offices were created at the end of the 18th century. The Treasury, the Commission of Account and the Controller and Examiner of Army […]
Economic Departments The Directors of Inland Navigation originated in the mid-18th century and were reconstituted in 1799. £500,000 was provided for the promotion of canals. The Lord-Lieutenant appointed five directors. Canals constructed at public expense, were vested in the directors. They considered requests for grants for canals. They supervised works that were grant aided. The directors were responsible for existing waterways including the Tyrone and […]
Pre-1832 Franchise Prior to the Reform Act of 1832, counties sent knights of the shire to Parliament. Many boroughs had ceased to return members. Numerous new boroughs had been created in the Tudor era to return members at the direction of the Crown. With the exception of two new boroughs created by Charles I, no new boroughs were created between the death of James I […]
Central Government The 19th century saw an increase in the powers of the central government which was generally exercised through departments of government. However, the early 19th century was marked by traditional philosophy of laissez-faire, which held that most social work and regulation was best left to the free market. Central government supervised local authorities through the Board of Trade, the Board of Agriculture and […]
Lord Lieutenant / Viceroy The head of the Irish executive during the Union with United Kingdom was the Lord Lieutenant and governor general of Ireland. He was appointed by the sovereign and was responsible for the peace and security of the kingdom. The holder of the post, also commonly referred to as the Viceroy was a peer. The viceroy was commonly a former cabinet minister […]