{"id":105,"date":"2021-04-03T11:42:38","date_gmt":"2021-04-03T11:42:38","guid":{"rendered":"http:\/\/legalblog.ie\/?p=105"},"modified":"2021-04-03T11:52:16","modified_gmt":"2021-04-03T11:52:16","slug":"resurgence-of-crown-power","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/resurgence-of-crown-power\/","title":{"rendered":"Kingdom of Ireland"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Context\" title=\"Context\">Context<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Henry_VIII_King_of_Ireland\" title=\"Henry VIII King of Ireland\">Henry VIII King of Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Religious_Reformation\" title=\"Religious Reformation\">Religious Reformation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Kildares_Rebellion\" title=\"Kildare&#8217;s Rebellion\">Kildare&#8217;s Rebellion<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Suppression_of_Rebellion_and_Consequences\" title=\"Suppression of Rebellion and Consequences\">Suppression of Rebellion and Consequences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#International_Context\" title=\"International Context\">International Context<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Attainder_and_Forfeitures\" title=\"Attainder and Forfeitures\">Attainder and Forfeitures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Restoration_of_Crown_Government\" title=\"Restoration of Crown Government\">Restoration of Crown Government<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Suspension_of_Poynings_Law\" title=\"Suspension of Poynings Law\">Suspension of Poynings Law<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Ordinances\" title=\"Ordinances\">Ordinances<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Local_Government\" title=\"Local Government\">Local Government<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Ealrdom_of_Ormond\" title=\"Ealrdom of Ormond\">Ealrdom of Ormond<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Gaelic_Areas\" title=\"Gaelic Areas\">Gaelic Areas<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/resurgence-of-crown-power\/#Geraldine_League\" title=\"Geraldine League\">Geraldine League<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Context\"><\/span>Context<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The late 1530s is said to mark the end of the medieval and commencement of the modern phase of Irish (and European) history.\u00a0 In 1534, Fitzgerald\u2019s of the Kildare who had monopolised the role of Lord Deputy for over a half a century rebelled were defeated, attainted and tried for treason.<\/p>\n<p>It marked the end of a continuous line of Irish born Lord Deputies and commenced an unbroken line of English Lord Deputies, which lasted for centuries.\u00a0 It led to a significant increase in the English army in Ireland, and ultimately to a concerted attempt by King Henry VIII to assert control over the whole of the Ireland.\u00a0 This culminated in him being crowned King of Ireland in 1541.<\/p>\n<p>The period coincides with the renaissance and reformation and the opening of the Americas to trade and immigration.\u00a0 It marked a more powerful monarchy culminating the reformation. The reformation arose from the English crown\u2019s need to assert royal ecclesiastical supremacy.\u00a0 Loyalty to the Pope, a foreign prince or overlord came to be seen as incompatible with loyalty to the King.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Henry_VIII_King_of_Ireland\"><\/span>Henry VIII King of Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The King was proclaimed by the Irish Parliament as King of Ireland on 18<sup>th<\/sup> June 1541.\u00a0 Sovereignty was affirmed on a hereditary basis. The \u00a0kingdom was not separate but of this land as united, annexed and knit forever to the imperial crown of the realm of England.<\/p>\n<p>In constitutional terms, it was asserted that the Gaelic Irish were no longer beyond the law.\u00a0 The general policy against Irish dress, laws and customs remained.\u00a0 \u00a0Irish Chiefs sat in Parliament in a number of sessions bearing witness to the success of the Lord Deputy St Leger\u2019s policies.<\/p>\n<p>The policy of surrender and re-grant of lordships involved surrender of the Gaelic chief\u2019s estates and possessions to the King in return for a re-grant acknowledging him as the lord.\u00a0 This was intended to anglicise the Irish nobility.\u00a0 The Earl of Desmond was reconciled to the crown and O\u2019Neill was made Earl of Tyrone and O&#8217;Brien Earl of Thomond.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Religious_Reformation\"><\/span>Religious Reformation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Irish Act of Royal Supremacy declared the King and the successor, the supreme head on earth of the Church of Ireland, Hibernica Ecclesia. The \u00a0Church of Ireland is not a separate entity to the Church in England.\u00a0 The reforms shifted the centre of administration and authority from Dublin to London.\u00a0 It transferred the Dublin administration as \u00a0a regional government\/council.<\/p>\n<p>The Irish Reformation Parliament of 1534 passed legislation dealing with the religious reformation. The Parliament produced 42 statutes in two years.\u00a0 This exceeded the 25 statutes enacted in the previous 40 years.\u00a0 \u00a0\u00a0A campaign for the dissolution of the religious orders commenced and was pursued.<\/p>\n<p><strong>\u00a0<\/strong>The rejection of Papal jurisdiction involved the establishment of ecclesiastical machinery under the crown.\u00a0 Bills were prepared for the Irish parliament to enact the relevant machinery to match that in England.\u00a0 That appellate jurisdiction of papal realm was replaced with appellate jurisdiction to London.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Kildares_Rebellion\"><\/span>Kildare&#8217;s Rebellion<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The indentures entered with Ossory \/Ormond obliged the Earl to resist papal jurisdiction within his area,It was clear that it had been intended to cause Kildare to subscribe to an indenture along the same lines as Ossory.<\/p>\n<p>The strength of the Kildare and alliances in court encouraged him to resist.\u00a0\u00a0 In February 1534, Kildare was summoned to London to answer accusations of disloyalty and appointed his son his Deputy.\u00a0 He was then charged with offences and refused leave to return.\u00a0 He died of natural causes in 1535 and Sir William Skeffington was named Lord Deputy.<\/p>\n<p>The Earl of Kildare\u2019s son and deputy Silken Thomas FitzGerald was given information, that there was a commission to arrest him and his relatives and that they were to be tried and executed.<\/p>\n<p>He declared an open rebellion before the Irish Council denouncing the King as heretic and appealing to Irish men to abandon their loyalty to the King.\u00a0 Implicit in this \u00a0declaration was that Ireland was a demesne of England granted by the Pope and that \u00a0Henry\u2019s excommunication, ceased.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Suppression_of_Rebellion_and_Consequences\"><\/span>Suppression of Rebellion and Consequences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">The Lord Deputy Skeffington \u00a0put down the rebellion with a large force. The Geraldine \u00a0stronghold of Maynooth was captured and the rebellion \u00a0ended. \u00a0In 1537 the Earl of KIldare and five leading members of the FitzGerald family were executed for treason.\u00a0 After the Kildare rebellion, leadership amongst the Anglo-Irish magnets passed back to Piers Butler, Earl of Ossory.<\/span><\/p>\n<p>Control in Parliament passed to a new Anglo-Irish group who were determined to reverse the diminution in colonial rule over the previous two centuries.\u00a0 Old laws were reinforced including the Statutes of Kilkenny and laws prohibiting use of the Irish language and dress.\u00a0 Lord Deputyship was kept firmly in the hands of English appointees.<\/p>\n<p>The Kildare rebellion was a symptom of this new more assertive monarchy.\u00a0 The Kildare rebellion was a result of the crown\u2019s new more intense involvement in Ireland and not as sometimes portrayed its cause. It was clear that the first target of the proposed reforms was the Kildare Earldom.\u00a0 The recently established liberty of Kildare was abolished.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"International_Context\"><\/span>International Context<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Kildare rebellion occurred in a period of high tension between Henry VIII and Emperor Charles V.\u00a0 The Kings divorce from the Emperor\u2019s\u00a0 aunt Catherine of Aragon had asserted royal ecclesiastical supremacy. The Pope secured a ten- year truce between the Spanish Empire and French King and a bull of ex-communication was prepared against Henry VIII.<\/p>\n<p>The Emperor did not contemplate using Ireland as a steppingstone to invade England.\u00a0 Rather, he saw it in terms of nuisance value. Deputations from Kildare to the Spanish King while were received with courtesy did not meet with any substantial tangible assistance.<\/p>\n<p>The developments in Ireland paralleled an assertion of authority by the crown in Wales and Calais.\u00a0 The Council of the North in England which enjoyed a measure of autonomy was substantially reorganised.\u00a0 This reflected a principle of a unitary sovereign. A permanent English garrison was established, which should be primarily responsible for the defence of the crown government.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Attainder_and_Forfeitures\"><\/span>Attainder and Forfeitures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Attainder of the Earl of Kildare Act 1536 was passed to permit his execution and the confiscation of his property. \u00a0The Earldom and liberty of Wexford was confiscated.<\/p>\n<p>The rebels\u2019 property was confiscated, and compensation was demanded of their Gaelic allies. A special commission in 1537 \u00a0prohibited Brehon law and Gaelic exactions and procure that the levy of crown taxes in the Kildare lands.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Restoration_of_Crown_Government\"><\/span>Restoration of Crown Government<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The desire for change arose from a powerful source in the English administration, Thomas Cromwell. Cromwell set about implementing the King\u2019s agenda of reviving crown government in Ireland.<\/p>\n<p>There were significant reforms in central government.\u00a0 The revenue department, the\u00a0 Treasury was reformed.\u00a0 Provision was made for audit of the vice-treasurer&#8217;s account.\u00a0 A general audit was instituted in the tri-annual basis.<\/p>\n<p>The government was comprehensively reorganised with new appointments to the principal courts, the Chancery \u00a0and other key positions.\u00a0 The first English Lord Deputy in many years was appointed, together with a number of key English appointments to key offices.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Suspension_of_Poynings_Law\"><\/span>Suspension of Poynings Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ponying\u2019s law required prior license under the great seal of the Privy Council for parliament in\u00a0Ireland to be convened and for specific legislation to be proposed to it.\u00a0 This had been enacted to prevent political subversion in circumstances where the Fitzgeralds (Kildare) \u00a0were all powerful.<\/p>\n<p>Ponying\u2019s law was suspended, and authority was given to enact the program devised in England.\u00a0 The\u00a0 suspension did not lead to a restoration of the legislative powers and initiative of the parliament and was a temporary expediency.\u00a0 The program of legislation was certified by the Irish council.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ordinances\"><\/span>Ordinances<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ordinances were made to restore crown government to the colony and abolished the type of political organisation associated with the quasi-feudalism found in Ireland.\u00a0 The Ordinances attacked so-called abuses by which the crown\u2019s sovereign jurisdictions had been transferred to self-contained local political units akin to Gaelic lordships.<\/p>\n<p>The Ordinances targeted the large private army of the lords, the system of coyne (coign) and livery, and other traditional Gaelic exactions which maintained them.\u00a0 The second focus was the usurpation of the crown\u2019s political jurisdiction by the Lord&#8217;s exaction of protection from neighbouring lordships both Gaelic and feudal.<\/p>\n<p>The third was the supposed usurpation of the crown\u2019s function in local government with \u00a0the replacement of the crown by a local system of judicial and financial administration with elements of feudal and Gaelic systems.\u00a0 In essence, the ordinances sought to reassert the crown\u2019s English style of political organisation within Ireland.\u00a0 In place of armies, lords were to be allowed a small revenue according to their status.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Local_Government\"><\/span>Local Government<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local governments in the English style was to be restored.\u00a0 The Ordinances provided for the appointment of local officers of the crown, justice of the peace and the establishment of jails in each Shire.<\/p>\n<p>The central judges were to go on circuit hold quarter sessions and conduct gaol \u00a0delivery. Royal towns were to recognise the jurisdiction of the central court judges on circuit. A court of chancery along the English style was to be provided.<\/p>\n<p>The proposal attacked liberty jurisdiction and franchises which were autonomous of the crown.\u00a0 The liberty of Kildare was abolished.\u00a0 The liberty of Wexford was to be administered by crown officers.\u00a0 Shire administration was to be reinstated in South Carlow and Kilkenny which had been subject to the administration of the Earls of Kildare and Ormond.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ealrdom_of_Ormond\"><\/span>Ealrdom of Ormond<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Earl of Ormond had not participated in the rebellion and he temporarily ceded his title to Earl of Ossory in recognition of the fact <strong>t<\/strong>hat the Kings father-in-law laid claim to be the earl\u2019s heir genera .<\/p>\n<p>An indenture between the King and Ossory\/Ormand spelled out the Earls\u2019 agreement to bind themselves to the King and his heirs as any other nobles or peers within the realm of England.<\/p>\n<p>It upheld the Earl\u2019s status of leadership in his own locality but redefined it in a manner compatible with English lordship.\u00a0 His internal jurisdiction was reduced, and he agreed to the revival of crown government in Kilkenny, Waterford, and Tipperary.\u00a0 He agreed to the admission of judicial and revenue officers from the central administration.\u00a0 He agreed to stop exercising personal jurisdiction over local Gaelic lords.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Gaelic_Areas\"><\/span>Gaelic Areas<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Beyond the Anglo-Irish border, the government sought to enter a framework of indentures between the crown and individual great lords which sought to draw, combine and adhere to the King as many of the great Irish rebels as possible. The government proposed to grant status and title by patents to Lords who were willing to accept English law and the crown\u2019s sovereign jurisdiction.<\/p>\n<p>Land bordering Gaelic areas were allocated to men of assured loyalty and military strengths. Some were leased to captains of English garrisons or to local Anglo-Irish magnets.<\/p>\n<p>The reforms did not seek to conquer the Gaelicised areas.\u00a0 Their conquest would not have been financially feasible.\u00a0 The objective was to maintain a level of control consistent with available revenue.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Geraldine_League\"><\/span>Geraldine League<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The clear intent of parliament led to the reformation of the Geraldine League ostensibly to protect the surviving heir of the Kildare<strong>.\u00a0<\/strong>It was in effect a political alliance of Anglo-Irish and Gaelic magnets.Part of the League\u2019s justification and rationale was opposition to the reformation.<\/p>\n<p>The movement ultimately grew to encompass the goal of expelling the English from Ireland. The league had significant forces but ultimately were no match for the government\u2019s forces.\u00a0 A raid into the Pale in 1539 by O\u2019Neil lead to defeat with the crown army reaching Duncannon in the North and Galway in the west.<\/p>\n<p>The Geraldine League reached a certain accommodation with the crown \u00a0and succeeded in having the Lord Deputy Grey \u00a0removed and government \u00a0policy replaced with a more constructive policy of engagement.\u00a0\u00a0The League gradually dissolved over the course of the next few years with the arrival of a new Lord Deputy, Anthony St. Leger.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-105\" data-postid=\"105\" class=\"themify_builder_content themify_builder_content-105 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Context The late 1530s is said to mark the end of the medieval and commencement of the modern phase of Irish (and European) history.\u00a0 In 1534, Fitzgerald\u2019s of the Kildare who had monopolised the role of Lord Deputy for over a half a century rebelled were defeated, attainted and tried for treason. It marked the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[30],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/105"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=105"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/105\/revisions"}],"predecessor-version":[{"id":121,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/105\/revisions\/121"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=105"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=105"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=105"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}