{"id":20121,"date":"2022-11-06T23:23:16","date_gmt":"2022-11-06T23:23:16","guid":{"rendered":"https:\/\/legalblog.ie\/?p=20121"},"modified":"2024-02-09T22:06:11","modified_gmt":"2024-02-09T22:06:11","slug":"grattans-parliament-i","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/grattans-parliament-i\/","title":{"rendered":"Constitution 1778-1791"},"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\/grattans-parliament-i\/#Easing_of_Penal_Laws\" title=\"Easing of Penal Laws\">Easing of Penal Laws<\/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\/grattans-parliament-i\/#1782_Constitution\" title=\"1782 Constitution\">1782 Constitution<\/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\/grattans-parliament-i\/#Key_Freedoms\" title=\"Key Freedoms\">Key Freedoms<\/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\/grattans-parliament-i\/#Political_Developments\" title=\"Political Developments\">Political Developments<\/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\/grattans-parliament-i\/#Commercial_Treaty\" title=\"Commercial Treaty\">Commercial Treaty<\/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\/grattans-parliament-i\/#French_Revolution_Influence\" title=\"French Revolution Influence\">French Revolution Influence<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Easing_of_Penal_Laws\"><\/span>Easing of Penal Laws<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The \u00a0Papacy had stopped recognising the Jacobite cause on the death of the &#8220;Young Pretender&#8221; in 1766. The authorities feared that the American rebellion of 1775 might inspire a rebellion by Catholics in the Kingdom of Ireland.<\/p>\n<p>The Catholic Relief Act \u00a01778 was passed by the British Parliament was the first Act for Roman Catholic relief. Later in 1778 it was also enacted by the Parliament of Ireland.<\/p>\n<p>By this Act, an oath was imposed, which besides a declaration of loyalty to the reigning sovereign, contained an abjuration of the Pretender, and of certain doctrines attributed to Roman Catholics, such as that excommunicated princes may lawfully be murdered, that no faith should be kept with heretics, and that the Pope had temporal as well as spiritual jurisdiction in Great Britain<\/p>\n<p>Those taking this oath were exempted from some of the provisions of the Popery Act 1698. Although it did not grant freedom of worship, it allowed Catholics to join the army and purchase land if they took an oath of allegiance.<\/p>\n<p>The provisions for taking and prosecuting priests was repealed, as well as the penalty of perpetual imprisonment for keeping a school. Roman Catholics were also enabled to inherit and purchase land, nor was an heir who conformed to the Established church any longer empowered to enter and enjoy the estate of his &#8220;papist&#8221; kinsman.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"1782_Constitution\"><\/span>1782 Constitution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The so-called &#8220;Sixth of George I&#8221; in response to the Irish declaration of independence was at first accepted by the Patriots as an acknowledgment of the incompetence of Britain to legislate for Ireland.\u00a0 Some in \u00a0Parliament claimed that a formal renunciation of claim of superiority was required.<\/p>\n<p>In the aftermath of the American revolution, there was profound redefinition of the constitutional relationship between Britain and Ireland.\u00a0 In an attempt to pacify Ireland, the Constitution of 1782 took effect by the amendment of Ponying\u2019s law by Yelverton&#8217;s law, Yelverton&#8217;s law provided that the Lord Lieutenant or other chief governors shall certify such bills and none other as both House of the Parliament&#8217;s shall judge expedient without alteration.<\/p>\n<p>Following further pressure , an Act of the British Parliament in 1783 affirmed the complete legislative and judicial independence of Ireland would be established and ascertained forever and at no time hereafter to be questioned or questionable.\u00a0 The renunciation added little to the existing independence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Key_Freedoms\"><\/span>Key Freedoms<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Legislation was\u00a0 enacted that provided that judges were to hold office during good behaviour.\u00a0 The jurisdiction of the English courts over the Irish courts was removed by two British statutes.<\/p>\n<p>Irish bills required the Royal assent given by the British Privy Council.\u00a0 The Council\u00a0 retained power to reject bills even after Yelverton&#8217;s Act.\u00a0 Some bills were delayed and some purported to be altered.<\/p>\n<p>Two Catholic Relief Acts were passed in 1782, which modified penal legislation on land, education, residence of bishops, regular clergy and the registration of priests.\u00a0 The most pressing \u00a0question was whether Catholics should be granted political rights.\u00a0 The Volunteer movement was split on the issue of Catholic rights.<\/p>\n<p>The Lord Lieutenant was still nominated and responsible to the British cabinet.\u00a0 He controlled the Irish executive. This power survived the constitutional changes of 1782.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Political_Developments\"><\/span>Political Developments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Due to British politics of the time , there was a succession of \u00a0cabinets and viceroys with very short tenure of office.\u00a0 Parliamentary sessions became annual, and the business of Parliament increased significantly.<\/p>\n<p>The executive sought to control and \u00a0modify legislation given the option of its rejection by the Privy Council in England had been removed.\u00a0The means for rewarding and purchasing support in the House of Commons was extended through creation of new offices and pensions as well as increasing salaries.<\/p>\n<p>Lucrative offices which were formerly held by absentees were restored to Ireland. It was said that the cost of pensions and offices required to maintain the government majority, rose significantly on the grant of parliamentary independence.<\/p>\n<p>It was considered necessary to have in government Irishmen of standing and ability, familiar with the country.\u00a0 The administration become too complex to be managed by the Lord Lieutenant, Chief Secretary and a number of subservient office holders.\u00a0 Many of the key offices passed to Irish appointees.<\/p>\n<p>Although such officers might be regarded as a Cabinet in some sense, there was no collective responsibility and independent basis of authority.\u00a0 When its advice was rejected by the British Ministry, the Cabinet remained in office and executed the policy decided in London.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Commercial_Treaty\"><\/span>Commercial Treaty<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Pitt, the British Prime Minister sought to frame a commercial treaty between Britain and Ireland.\u00a0 It proposed free trade in foreign and colonial goods without the imposition of additional duties.\u00a0 Neither country was to prohibit the import of the goods of the others and the duty if any levied on articles should be seen in one country as the other.<\/p>\n<p>Where existing duties differed, the higher was to be reduced to the level of the lower.\u00a0 There was to be mutual preference for the produce of either country over foreign imports.\u00a0 In any year in which the hereditary revenue of Ireland exceeded a fixed sum, the surplus was to be devoted to the maintenance of the Navy. The proposal was amended so that the contribution was not to be paid in a year in which revenue fell short of national expenditure in time of peace.<\/p>\n<p>The provisions were introduced in both Parliaments in 1785.\u00a0 They were amended in the British Parliament under powerful influence from trade interests. When represent to the Irish Parliament as amended, the proposals were rejected by reason of the changes made in the British Parliament which were perceived to undermine the recently gained independence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"French_Revolution_Influence\"><\/span>French Revolution Influence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The French Revolution of 1789 and the following years affected Ireland on the number of levels.\u00a0 Belfast radicals drew their inspiration from the French Revolution.\u00a0Outside Parliament, revolutionary enthusiasm gave new life to the declining Volunteer movement who linked it with the American Declaration of Independence and Irish Constitution of 1782.<\/p>\n<p>In the North, the Volunteer movement remained strong especially among Protestant dissenters and they expressed republican sentiments most clearly.\u00a0 Although, Roman Catholics did not share the Presbyterian enthusiasm for the revolution, due to the treatment of the French Church, there was a strong element which sought to press for its full civil rights, favoured parliamentary reform and was prepared to ally with the Presbyterians against the government.<\/p>\n<p>In 1791, the Catholic Committee appointed the Theobald Wolfe Tone who had recently attacked the penal laws as its Secretary.\u00a0 His aim was to bring together Irishmen of all creeds to establish complete religious equality and effect a radical reform of Parliament. \u00a0He had helped found the Society of United Irishmen in Belfast as an instrument to carry out his policies.\u00a0 Similar societies were established in Dublin and throughout Ireland.<\/p>\n<p>Pitt\u2019s desire to conciliate Catholic opinion which reflected in Great Britain by the repeal of most British penal legislation in 1791.\u00a0 In both cases, the object was to strengthen unity against possible danger from revolutionary fronts.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-20121\" data-postid=\"20121\" class=\"themify_builder_content themify_builder_content-20121 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Easing of Penal Laws The \u00a0Papacy had stopped recognising the Jacobite cause on the death of the &#8220;Young Pretender&#8221; in 1766. The authorities feared that the American rebellion of 1775 might inspire a rebellion by Catholics in the Kingdom of Ireland. The Catholic Relief Act \u00a01778 was passed by the British Parliament was the first [&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":[31],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20121"}],"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=20121"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20121\/revisions"}],"predecessor-version":[{"id":31585,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20121\/revisions\/31585"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20121"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20121"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20121"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}