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Acts of Supremacy

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123-689: The Acts of Supremacy are two acts passed by the Parliament of England in the 16th century that established the English monarchs as the head of the Church of England ; two similar laws were passed by the Parliament of Ireland establishing the English monarchs as the head of the Church of Ireland . The 1534 Act declared King Henry VIII and his successors as the Supreme Head of the Church, replacing

246-454: A unicameral body, a bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons , which included knights of the shire and burgesses . During Henry IV 's time on the throne, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances", which essentially enabled English citizens to petition

369-585: A French invasion and unrest throughout the realm. For the first time, burgesses (elected by those residents of boroughs or towns who held burgage tenure , such as wealthy merchants or craftsmen) were summoned along with knights of the shire. Montfort was killed at the Battle of Evesham in 1265, and Henry was restored to power. In August 1266, Parliament authorised the Dictum of Kenilworth , which nullified everything Montfort had done and removed all restraints on

492-524: A base for attacks on Britain, resurrecting the idea of political union between Ireland and Great Britain. The British Prime Minister, William Pitt the Younger had the strong support of King George III for a union, with the king advising him on 13 July 1798 that the rebellion should be used "for frightening the supporters of the Castle into a Union". The Protestant Ascendancy was also seen as being unequal in

615-557: A certain new town" were summoned to advise on the rebuilding of Berwick after its capture by the English. Parliament—or the High Court of Parliament as it became known—was England's highest court of justice. A large amount of its business involved judicial questions referred to it by ministers, judges, and other government officials. Many petitions were submitted to Parliament by individuals whose grievances were not satisfied through normal administrative or judicial channels. As

738-640: A favoured position in Irish society while substantial numbers of Catholic nobles and leaders could no longer sit in parliament unless they took a loyalty oath as agreed under the Treaty of Limerick . Having proven their support for Catholic absolutism by their loyal support for James during the war, and because the Papacy supported the Jacobites after 1693, Irish Catholics increasingly faced discriminatory legislation in

861-473: A female leader of the Church of England . Elizabeth, who was a politique , did not prosecute nonconformist laymen, or those who did not follow the established rules of the Church of England unless their actions directly undermined the authority of the English monarch, as was the case in the vestments controversy . Thus, it was through the Second Act of Supremacy that Elizabeth I officially established

984-645: A fine for the restoration of their property that was identical to the tax requested by the King. At the Salisbury parliament of March 1297, Edward unveiled his plans for recovering Gascony. The English would mount a two-front attack with the King leading an expedition to Flanders while other barons traveled to Gascony . This plan faced opposition from the most important noblemen— Roger Bigod , marshal and earl of Norfolk , and Humphrey Bohun , constable and earl of Hereford . Norfolk and Hereford argued that they owed

1107-567: A group of Catholic barristers, most notably Daniel O'Connell , opposed the idea of union. For Protestants, the Presbyterians, who were largely involved in the rebellion of 1798 would shed no tears over the end of the Irish parliament. The Orange Order tried to be neutral on the issue of union, however thirty-six lodges from counties Armagh and Louth alone petitioned against the Union. The fear for some Protestants, especially those part of

1230-512: A justification for controlling the appointment of bishops. The conflation in the Crown of supreme lay authority over church and state made every secular subject of the Crown a spiritual subject of the Church as well; the Church was co-extensive with the State. Contemporary English theologian Richard Hooker described the situation thus: There is not any man of the Church of England but the same man

1353-635: A leader of the baronial reformers, ignored these orders and made plans to hold a parliament in London but was prevented by Bigod. When the king arrived back in England he summoned a parliament which met in July, where Montfort was brought to trial though ultimately cleared of wrongdoing. In April 1261, the pope released the king from his oath to adhere to the Provisions of Oxford, and Henry publicly renounced

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1476-518: A marriage could not simply be annulled because of a canonical impediment previously dispensed . Additionally, the emperor of the Hapsburg empire at this time was the nephew of Catherine of Aragon, and for the pope to declare that marriage invalid would be to separate the Church from the good favor of the emperor. Henry VIII subsequently passed the Treasons Act , which stated that to disavow

1599-555: A new Anglican establishment in Church and State. By 1728, the remaining nobility was either firmly Protestant or loyally Catholic. The upper classes had dropped most of its Gaelic traditions and adopted the Anglo-French aristocratic values then dominant throughout most of Europe. Much of the old feudal domains of the earlier Hiberno-Norman and Gaelic-Irish magnates had been broken up and given to Irish loyalists soldiers, and English and Scottish Protestant colonial settlers. Long under

1722-565: A new constitution in which the king's powers were given to a council of nine. The new council was chosen and led by three electors (Montfort, Stephen Bersted, bishop of Chichester , and Gilbert de Clare, earl of Gloucester ). The electors could replace any of the nine as they saw fit, but the electors themselves could only be removed by Parliament. Montfort held two other Parliaments during his time in power. The most famous— Simon de Montfort's Parliament —was held in January 1265 amidst threat of

1845-458: A permanent feature of English politics. Thereafter, the king ruled in concert with an active Parliament, which considered matters related to foreign policy, taxation, justice, administration, and legislation. January 1236 saw the passage of the Statute of Merton , the first English statute . Among other things, the law continued barring bastards from inheritance. Significantly, the language of

1968-412: A precedent that taxation was granted in return for the redress of grievances. In 1232, Peter des Roches became the king's chief minister. His nephew, Peter de Rivaux , accumulated a large number of offices, including lord keeper of the privy seal and keeper of the wardrobe ; yet, these appointments were not approved by the magnates as had become customary during the regency government. Under Roches,

2091-443: A regular boost to the city economy. The Parliament's records were published from the 1750s and provide a huge wealth of commentary and statistics on the reality of running Ireland at the time. In particular, minute details on Ireland's increasing overseas trade and reports from various specialist committees are recorded. By the 1780s they were published by two rival businesses, King & Bradley and Grierson. From 31 December 1800,

2214-532: A schedule rather than at the pleasure of the king. The reformers hoped that the provisions would ensure parliamentary approval for all major government acts. Under the provisions, Parliament was "established formally (and no longer merely by custom) as the voice of the community". The theme of reform dominated later parliaments. During the Michaelmas Parliament of 1258, the Ordinance of Sheriffs

2337-467: A son, the king tried for years to annul his marriage to her, having convinced himself that God was punishing him for marrying his brother's widow. Despite his close alignment with the Catholic Church and other papal annulments, Pope Clement VII refused to grant Henry VIII an annulment. Roman Catholic doctrine viewed a marriage contract as indissoluble until death, and the papacy argued that

2460-488: A tax on moveables. In reality, this grant was not made by a parliament but by an informal gathering "standing around in [the king's] chamber". Norfolk and Hereford drew up a list of grievances known as the Remonstrances , which criticized the king's demand for military service and heavy taxes. The maltolt and prises were particularly objectionable due to their arbitrary nature. In August, Bigod and de Bohun arrived at

2583-590: A time of transition for the great council. The cause of this transition were new financial burdens imposed by the Crown to finance the Third Crusade , ransom Richard I , and pay for the series of Anglo-French wars fought between the Plantagenet and Capetian dynasties . In 1188, a precedent was established when the great council granted Henry II the Saladin tithe . In granting this tax, the great council

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2706-517: A vassal to the King of France, English kings were suitors to the Parlement of Paris . In the 13th century, the French and English parliaments were similar in their functions; however, the two institutions diverged in significant ways in later centuries. After the 1230s, the normal meeting place for Parliament was fixed at Westminster . Parliaments tended to meet according to the legal year so that

2829-436: A vote was held which resulted in a defeat of the amendment by one vote (106 to 105), however the following day another motion against any union passed 111 to 106. Following these votes, Lord Castlereagh and Lord Cornwallis set about trying to win over as many Irish MPs as possible through bribery consisting of jobs, pensions, peerages, promotions, along with other enticements. These methods were all legal and not unusual for

2952-473: A year at Easter in the spring and after Michaelmas in the autumn. Under Edward, the first major statutes amending the common law were promulgated in Parliament: The first Statute of Westminster required free elections without intimidation. This act was accompanied by the grant of a tax on England's wealthy wool trade —a half- mark (6 s 8 d ) on each sack of wool exported. It became known as

3075-550: Is a member of the Commonwealth, nor a member of the Commonwealth which is not also a member of the Church of England. In 1560, the Parliament of Ireland passed " An Act restoring to the Crown, the auncient Jurisdiction over the State Ecclesiasticall and Spirituall, and abolishing all forreine Power repugnant to the same ". Parliament of England The Parliament of England was the legislature of

3198-459: The magna et antiqua custuma (Latin: ' great and ancient custom ' ) and was granted to Edward and his heirs, becoming part of the Crown's permanent revenue until the 17th century. In 1294, Philip   IV attempted to recover Aquitaine in the Gascon War . Edward's need for money to finance the war led him to take arbitrary measures. He ordered the seizure of merchants' wool, which

3321-569: The Blue Coat School (1729–31), and finally a purpose-built Parliament House on College Green . The main purpose of parliament was to approve taxes that were then levied by and for the Dublin Castle administration . Those who would pay the bulk of taxation, namely the clergy, merchants, and landowners, also comprised the members. Only the " English of Ireland " were represented until the first Gaelic lords were summoned during

3444-815: The Domesday survey was planned at the Christmas council of 1085, and the Constitutions of Clarendon were made at the 1164 council. The magnum concilium continued to be the setting of state trials, such as the trial of Thomas Becket . The members of the great councils were the king's tenants-in-chief . The greater tenants ( archbishops , bishops , abbots , earls , and barons ) were summoned by individual writ , but lesser tenants were summoned by sheriffs . These were not representative or democratic assemblies. They were feudal councils in which barons fulfilled their obligation to provide counsel to their lord

3567-541: The First War of Scottish Independence . This need for money led to what became known as the Model Parliament of November 1295. In addition to magnates who were summoned individually, sheriffs were instructed to send two elected knights from each shire and two elected burgesses from each borough. The Commons had been summoned to earlier parliaments but only with power to consent to what the magnates decided. In

3690-518: The Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain . Parliament evolved from the great council of bishops and peers that advised the English monarch . Great councils were first called Parliaments during the reign of Henry III ( r.  1216–1272 ). By this time, the king required Parliament's consent to levy taxation. Originally

3813-576: The Parliament of England was one of the first major events in the English Reformation . It granted King Henry VIII of England and subsequent monarchs royal supremacy and stated that the reigning monarch was the supreme head of the Church of England . The Act declared that the king was "the only supreme head on Earth of the Church of England" and that the Crown shall enjoy "all honours, dignities, preeminences, jurisdictions, privileges, authorities, immunities, profits, and commodities to

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3936-800: The Patriot movement , the Irish parliament's authority was greatly increased. Under what became known as the Constitution of 1782 the restrictions imposed by Poyning's Law were removed by the Repeal of Act for Securing Dependence of Ireland Act 1782 . Grattan also wanted Catholic involvement in Irish politics; the Roman Catholic Relief Act 1793 passed by the Irish parliament copied the British Roman Catholic Relief Act 1791 , and Catholics were given back

4059-573: The Penal Laws that were passed by the predominantly loyalist and Protestant Parliament from 1695. Nonetheless, the franchise was still available to wealthier Catholics. Until 1728, Catholics voted in House of Commons elections and held seats in the Lords. For no particular reason, beyond a general pressure for Catholics to conform, they were barred from voting in the election for the first parliament in

4182-758: The Pope . This first Act was repealed during the reign of the Catholic Queen Mary I . The 1558 Act declared Queen Elizabeth I and her successors the Supreme Governor of the Church, a title that the British monarch still holds . Royal supremacy is specifically used to describe the legal sovereignty of the king (i.e., civil law) over the law of the Church in England . The first Act of Supremacy, passed on 3 November 1534 ( 26 Hen. 8 . c. 1) by

4305-682: The Roman Catholic Relief Act 1793 . The Acts of Union 1800 merged the Kingdom of Ireland and Kingdom of Great Britain into the United Kingdom of Great Britain and Ireland . The parliament was merged with that of Great Britain ; the united Parliament was in effect the British parliament at Westminster enlarged with a subset of the Irish Lords and Commons. After the 12th-century Anglo-Norman invasion of Ireland , administration of

4428-543: The Second Barons' War . Montfort defeated the king at the Battle of Lewes in 1264 and became the real ruler of England for the next twelve months. Montfort held a parliament in June 1264 to sanction a new form of government and rally support. This parliament was notable for including knights of the shire who were expected to deliberate fully on political matters, not just assent to taxation. The June Parliament approved

4551-515: The baronage as the latter attempted to defend what they considered the rights belonging to the king's subjects. King John ( r.  1199–1216 ) alienated the barons by his partiality in dispensing justice, heavy financial demands and abusing his right to feudal incidents, reliefs , and aids . In 1215, the barons forced John to abide by a charter of liberties similar to charters issued by earlier kings (see Charter of Liberties ) . Known as Magna Carta (Latin for ' Great Charter ' ), it

4674-472: The landed gentry . The Irish Parliament was thus at a time of English commercial expansion left incapable of protecting Irish economic and trade interests from being subordinated to English ones. This in turn severely weakened the economic potential of the whole of Ireland and placed the new and largely Protestant middle-class at a disadvantage. The result was a slow but continual exodus of Anglo-Irish, Scots-Irish, and Protestant Irish families and communities to

4797-479: The shires and boroughs were recognised as communes (Latin communitas ) with a unified constituency capable of being represented by knights of the shire and burgesses . Initially, knights and burgesses were summoned only when new taxes were proposed so that representatives of the communes (or the Commons) could report back home that taxes were lawfully granted. The Commons were not regularly summoned until

4920-719: The social season , (January to 17 March) when the Lord Lieutenant presided in state over state balls and drawing rooms in the Viceregal Apartments in Dublin Castle. Leading peers in particular flocked to Dublin, where they lived in enormous and richly decorated mansions initially on the northside of Dublin, later in new Georgian residences around Merrion Square and Fitzwilliam Square . Their presence in Dublin, along with large numbers of servants, provided

5043-439: The 1290s, after the so-called Model Parliament of 1295. Of the thirty parliaments between 1274 and 1294, knights only attended four and burgesses only two. Early parliaments increasingly brought together social classes resembling the estates of the realm of continental Europe: the landed aristocracy (barons and knights), the clergy, and the towns. Historian John Maddicott points out that "the main division within parliament

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5166-473: The 15th century. The clerical proctors elected by the lower clergy of each diocese formed a separate house or estate in until 1537, when they were expelled for their opposition to the Irish Reformation . The 14th and 15th centuries saw shrinking numbers of those loyal to the crown, the growing power of landed families, and the increasing inability to carry out judicial rulings, that all reduced

5289-569: The 16th-century Tudor reconquest . Under Poynings' Law of 1495, all Acts of Parliament had to be pre-approved by the Irish Privy Council and English Privy Council . Parliament supported the Irish Reformation and Catholics were excluded from membership and voting in penal times . The Constitution of 1782 amended Poynings' Law to allow the Irish Parliament to initiate legislation. Catholics were re-enfranchised under

5412-622: The Act of Supremacy and to deprive the king of his "dignity, title, or name" was to be considered treason . Thus, the king's control over the English religion was absolute and those who held to Catholic beliefs were swiftly punished. The most famous public figure to resist the Treasons Act was Sir Thomas More , who was convicted of treason and executed by beheading. In 1537, the Act of Supremacy (Ireland) 1537 (28 Hen. 8. c. 5 (I), An Act authorising

5535-602: The Anglo-Norman Lordship of Ireland was modelled on that of the Kingdom of England . Magna Carta was extended in 1217 in the Charter of Ireland. As in England, parliament evolved out of the Magnum Concilium "great council" summoned by the king's viceroy , attended by the council ( curia regis ), magnates ( feudal lords ), and prelates (bishops and abbots ). Membership was based on fealty to

5658-679: The British Parliament's right to legislate for Ireland and the British House of Lords appellate jurisdiction over its courts. The effects of this subordination of Irish Parliamentary power soon became evident, as Ireland slowly stagnated economically and the Protestant population shrank in relative size. Additionally, the growing relative wealth of the American colonies , whose local authorities were relatively independent of

5781-535: The British Parliament, provided additional ammunition for those who wished to increase Irish Parliamentary power. When the British governments started centralising trade, taxation and judicial review throughout the Empire, the Irish Parliament saw an ally in the American colonies, who were growing increasingly resistant to the British government's objectives. When open rebellion broke out in the American colonies in 1775,

5904-539: The British Parliament. Additionally, later ministries moved to change the Navigation Acts that had limited Irish merchants' terms of trade with Britain and its empire. After 1707, Ireland was, to varying degrees, subordinate to the Kingdom of Great Britain . The Parliament of Ireland had control over only legislation, while the executive branch of government, under the Lord Lieutenant , answered to

6027-564: The British government in London. Furthermore, the Penal Laws meant that Catholics , who constituted the majority of Irish people, were not permitted to sit in, or participate in elections to, the parliament. Meanwhile, building upon the precedent of Poynings' Law which required approval from the British Privy Council for bills to be put to the Irish Parliament, the Dependency of Ireland on Great Britain Act 1719 declared

6150-770: The Catholic majority continued until the 1689 " Patriot Parliament ", with the exception of the Commonwealth period (1649–60). Following the general uprising of the Catholic Irish in the Irish Rebellion of 1641 and the self-established Catholic assembly in 1642–49, Roman Catholics were barred from voting or attending the Parliament altogether in the Cromwellian Act of Settlement 1652 , which

6273-434: The Commons, was the dominant political figure in the parliament. Speaker Conolly remains today one of the most widely known figures produced by the Irish parliament. Much of the public ceremonial in the Irish parliament mirrored that of the British Parliament. Sessions were formally opened by the Speech from the Throne by the Lord Lieutenant, who, it was written "used to sit surrounded by more splendour than His Majesty on

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6396-419: The Dublin and Westminster parliaments. There was strong support for it in Westminster, however Dublin was not as keen. An amendment was moved on 22 January 1799, seeking the House to maintain "the undoubted birthright of the people of Ireland to have a free and independent legislature". The debate which followed consisted of eighty speeches, made over the course of twenty-one uninterrupted hours. The next day

6519-458: The House of Commons of the Irish parliament at 7 a.m., after which he gave a two-hour speech against the union. Regardless, a motion against the union failed by 138 votes to 96, and resolutions in favour of the union were passed with large majorities in both chambers of parliament. The terms of the union were agreed on 28 March 1800 by both houses of the Irish Parliament. Two Acts with identical aims (but with different wording) were passed in both

6642-430: The Irish Parliament passed several initiatives which showed support for the American grievances. Fearing another split by Ireland, as rebellion spread through the American colonies and various European powers joined in a global assault on British interests, the British Parliament became more acquiescent to Irish demands. In 1782, following agitation by major parliamentary figures, most notably Henry Grattan , supported by

6765-448: The King, His Heirs and Successors, to be supreme Head of the Church of Ireland ) was passed by the Parliament of Ireland , establishing Henry VIII as the supreme head of the Church of Ireland , as had earlier been done in England. Henry VIII's Act of Supremacy was repealed in 1554 during the reign of his staunchly Roman Catholic daughter, Queen Mary I . Upon her death in November 1558, her Protestant half-sister Elizabeth I succeeded to

6888-544: The Lincoln parliament of 1301, the King heard complaints that the charters were not followed and calls for the dismissal of his chief minister, the treasurer Walter Langton . Demands for appointment of ministers by "common consent" were heard for the first time since Henry III's death. To this, Edward angrily refused, saying that every other magnate in England had the power "to arrange his household, to appoint bailiffs and stewards" without outside interference. He did offer to right any wrongs his officials had committed. Notably,

7011-469: The Model Parliament, the writ of summons invested shire knights and burgesses with power to provide both counsel and consent. By 1296, the King's efforts to recover Gascony were creating resentment among the clergy, merchants, and magnates. At the Bury St Edmunds parliament in 1296, the lay magnates and Commons agreed to pay a tax on moveable property. The clergy refused, citing the recent papal bull Clericis Laicos , forbidding secular rulers from taxing

7134-481: The Parliament of Ireland was abolished entirely, when the Acts of Union 1800 created the United Kingdom of Great Britain and Ireland and merged the British and Irish legislatures into a single Parliament of the United Kingdom after 1 January 1801. The idea of a political union between Ireland and Great Britain had been proposed several times throughout the 18th century, but was vehemently opposed in Ireland. The granting of legislative independence to Ireland in 1782

7257-416: The Protestant Ascendancy, was that Catholic emancipation would immediately follow any union. The artisans and merchants of Dublin also feared any union as it might have resulted in a loss of business. When William Pitt's idea of union and emancipation was revealed to the cabinet of the Irish parliament, the Speaker and Chancellor of the Exchequer both vehemently opposed it. The rest of the cabinet supported

7380-428: The Provisions in May. Most of the barons were willing to let the king reassume power provided he ruled well. By 1262, Henry had regained all of his authority, and Montfort left England. The barons were now divided mainly by age. The elder barons remained loyal to the king, but younger barons coalesced around Montfort, who returned to England in the spring of 1263. The royalist barons and rebel barons fought each other in

7503-451: The agenda. Beginning around the 1220s, the concept of representation, summarised in the Roman law maxim quod omnes tangit ab omnibus approbetur (Latin for ' what touches all should be approved by all ' ), gained new importance among the clergy, and they began choosing proctors to represent them at church assemblies and, when summoned, at Parliament. As feudalism declined and the gentry and merchant classes increased in influence,

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7626-455: The appointment of royal ministers, an action that normally was considered a royal prerogative . Historian John Maddicott writes that the "effect of the minority was thus to make the great council an indispensable part of the country's government [and] to give it a degree of independent initiative and authority which central assemblies had never previously possessed". The regency government officially ended when Henry turned sixteen in 1223, and

7749-660: The bishops themselves promised an aid but would not commit the rest of the clergy. Likewise, the barons promised to assist the king if he was attacked but would not commit the rest of the laity to pay money. For this reason, the lower clergy of each diocese elected proctors at church synods , and each county elected two knights of the shire . These representatives were summoned to Parliament in April 1254 to consent to taxation. The men elected as shire knights were prominent landholders with experience in local government and as soldiers. They were elected by barons, other knights, and probably freeholders of sufficient standing. By 1258,

7872-421: The body to address complaints in their local towns and counties. By this time, citizens were given the power to vote to elect their representatives—the burgesses—to the House of Commons. Over the centuries, the English Parliament progressively limited the power of the English monarchy , a process that arguably culminated in the English Civil War and the High Court of Justice for the trial of Charles I . Since

7995-478: The church without papal permission. In January 1297, a convocation of the clergy met at St Paul's in London to consider the matter further but ultimately could find no way to pay the tax without violating the papal bull. In retaliation, the King outlawed the clergy and confiscated clerical property on 30 January. On 10 February, Robert Winchelsey , archbishop of Canterbury, responded by excommunicating anyone acting against Clericis Laicos . Most clergy paid

8118-463: The colonies, principally in North America. Ironically, it was the very efforts to establish Anglicans as the primacy in Ireland which slowly subverted the general cause of the Protestant Irish which had been the objective of successive Irish and British Parliaments. The Irish Parliament did assert its independence from London several times however. In the early 18th century it successfully lobbied for itself to be summoned every two years, as opposed to at

8241-423: The control of de jure power of magnates, the far larger peasant population had nonetheless under the relatively anarchic and sectarian conditions established a relative independence. Now, the nobility and newly established loyalist gentry could exercise their rights and privileges with more vigour. Much as in England, Wales, and Scotland, the franchise was always limited to the property owning classes, which favoured

8364-412: The country, and did not affect the operation of parliament until after the papal bull Regnans in Excelsis of 1570. Initially in 1537, the Irish Parliament approved both the Act of Supremacy , acknowledging Henry VIII as head of the Church and the dissolution of the monasteries. In the parliaments of 1569 and 1585, the Old English Catholic representatives in the Irish Commons had several disputes with

8487-511: The country, in 1494, the Parliament encouraged the passing of Poynings' Law which subordinated Irish Parliament to the English one. The role of the Parliament changed after 1541, when Henry VIII declared the Kingdom of Ireland and embarked on the Tudor conquest of Ireland . Despite an era which featured royal concentration of power and decreasing feudal power throughout the rest of Europe, King Henry VIII over-ruled earlier court rulings putting families and lands under attainder and recognised

8610-402: The courts were also in session: January or February for the Hilary term , in April or May for the Easter term , in July, and in October for the Michaelmas term . Most parliaments had between forty and eighty attendees. Meetings of Parliament always included: The lower clergy ( deans , cathedral priors, archdeacons , parish priests ) were occasionally summoned when papal taxation was on

8733-497: The crown's authorities over the introduction of penal legislation against Catholics and over-paying of " Cess " tax for the putting down of various Gaelic and Catholic rebellions. For this reason, and the political fallout after the 1605 Gunpowder plot and the Plantation of Ulster in 1613–15, the constituencies for the Irish House of Commons were changed to give Protestants a majority. The Plantation of Ulster allowed English and Scottish Protestant candidates in as representatives of

8856-632: The crown's presence in Ireland. Alongside this reduced control grew a "Gaelic resurgence" that was political as well as cultural. In turn this resulted in considerable numbers of the Hiberno-Norman Old English nobility joining the independent Gaelic nobles in asserting their feudal independence. Eventually the crown's power shrank to a small fortified enclave around Dublin known as the Pale . The Parliament thereafter became essentially

8979-573: The exchequer protesting that the irregular tax "was never granted by them or the community" and declared they would not pay it. The outbreak of the First War of Scottish Independence necessitated that both the king and his opponents put aside their differences. At the October 1297 parliament, the council agreed to concessions in the king's absence. In exchange for a new tax, the Confirmatio Cartarum reconfirmed Magna Carta, abolished

9102-440: The excuse of his absence from the realm and Welsh attacks in the marches, Henry ordered the justiciar, Hugh Bigod , to postpone the parliament scheduled for Candlemas 1260. This was an apparent violation of the Provisions of Oxford; however, the provisions were silent on what should happen if the king were outside the kingdom. The king's motive was to prevent the promulgation of further reforms through Parliament. Simon de Montfort ,

9225-570: The forum for the Pale community until the 16th century. Unable to implement and exercise the authority of the Parliament or the Crown's rule outside of this environ, and increasingly under the attack of raids by the Gaelic Irish and independent Hiberno-Norman nobles, the Palesmen themselves encouraged the Kings of England to take a more direct role in the affairs of Ireland. Geographic distance,

9348-469: The government revived practices used during King John's reign and that had been condemned in Magna Carta, such as arbitrary disseisins , revoking perpetual rights granted in royal charters, depriving heirs of their inheritances, and marrying heiresses to foreigners. Both Roches and Rivaux were foreigners from Poitou . The rise of a royal administration controlled by foreigners and dependent solely on

9471-472: The idea from both Protestants and Catholics, and as such Catholic Emancipation would need to be delivered along with the union. Catholic Emancipation alone he knew would be enough to secure the stability of Ireland. The Catholic middle classes and the Catholic hierarchy, led by John Thomas Troy , the Archbishop of Dublin , were willing to support the union if Catholic Emancipation did indeed follow. Only

9594-440: The idea however were split on the issue of Catholic Emancipation, resulting in it being dropped from the proposals. Cornwallis observed: "I certainly wish that England could now make a union with the Irish nation, instead of making it with a party in Ireland". Any union between Ireland and Great Britain would have to be in the form of a treaty in all but name, meaning that any act of union would need to be passed separately in both

9717-483: The king military service in foreign lands but only if the king were present. Therefore, they would not go to Gascony unless the King went as well. Norfolk and Hereford were supported by around 30 barons, and the parliament ended without any decision. After the Salisbury parliament ended, Edward ordered the seizure of wool (see prise ) and payment of a new maltolt. In July 1297, a writ declared that "the earls, barons, knights, and other laity of our realm" had granted

9840-496: The king stirred resentment among the magnates, who felt excluded from power. Several barons rose in rebellion, and the bishops intervened to persuade the king to change ministers. At a great council in April 1234, the king agreed to remove Rivaux and other ministers. This was the first occasion in which a king was forced to change his ministers by a great council or parliament. The struggle between king and Parliament over ministers became

9963-432: The king, and the preservation of the king's peace , and so the fluctuating number of autonomous Irish Gaelic kings were outside of the system; they had their own local brehon law taxation arrangements. The earliest known parliament met at Kilkea Castle near Castledermot , County Kildare on 18 June 1264, with only prelates and magnates attending. Elected representatives are first attested in 1297 and continually from

10086-458: The king. Councils allowed kings to consult with their leading subjects, but such consultation rarely resulted in a change in royal policy. According to historian Judith Green , "these assemblies were more concerned with ratification and publicity than with debate". In addition, the magnum concilium had no role in approving taxation as the king could levy geld (discontinued after 1162) whenever he wished. The years between 1189 and 1215 were

10209-510: The king. In 1267, some of the reforms contained in the 1259 Provisions of Westminster were revised in the form of the Statute of Marlborough passed in 1267. This was the start of a process of statutory reform that continued into the reign of Henry's successor. Edward I ( r.  1272–1307 ) learned from the failures of his father's reign the usefulness of Parliament for building consensus and strengthening royal authority. Parliaments were held regularly throughout his reign, generally twice

10332-694: The lack of attention by the Crown because of the Hundred Years' War and the Wars of the Roses , and the larger power of the Gaelic clans, all reduced the effectiveness of the Irish Parliament. Thus, increasingly worried that the Irish Parliament was essentially being overawed by powerful landed families in Ireland like the Earl of Kildare into passing laws that pursued the agendas of the different dynastic factions in

10455-487: The later 14th century. In 1297, counties were first represented by elected knights of the shire ( sheriffs had previously represented them). In 1299, towns were represented. From the 14th century a distinction from the English parliament was that deliberations on church funding were held in Parliament rather than in Convocation . The separation of the individually summoned lords from the elected commons had developed by

10578-582: The magnates demanded the adult king confirm previous grants of Magna Carta made in 1216 and 1217 to ensure their legality. At the same time, the king needed money to defend his possessions in Poitou and Gascony from a French invasion. At a great council in 1225, a deal was reached that saw Magna Carta and the Charter of the Forest reissued in return for taxing a fifteenth (7 percent) of movable property. This set

10701-557: The maltolt, and formally recognised that "aids, mises , and prises" needed the consent of Parliament. Edward soon broke the agreements of 1297, and his relations with Parliament remained strained for the rest of his reign as he sought further funds for the war in Scotland. At the parliament of March 1300, the king was forced to agree to the Articuli Super Cartas , which gave further concessions to his subjects. At

10824-412: The newly formed boroughs in planted areas. Initially this gave Protestants a majority of 132–100 in the House of Commons. However, after vehement Catholic protests, including a brawl in the chamber on Parliament's first sitting, some of the new Parliamentary constituencies were eliminated, giving Protestants a slight majority (108-102) of members of the House of Commons thereafter. In the House of Lords

10947-626: The now reformed Church of England. This was a part of the Elizabethan Religious Settlement . Historian G. R. Elton has argued that, "in law and political theory the Elizabethan supremacy was essentially parliamentary, while Henry VIII's had been essentially personal." The royal supremacy was extinguished during the British Interregnum from 1649, but was restored in 1660. The Stuart kings used it as

11070-406: The number of petitions increased, they came to be directed to particular departments (chancery, exchequer, the courts) leaving the king's council to concentrate on the most important business. Parliament became "a delivery point and a sorting house for petitions". From 1290 to 1307, Gilbert of Rothbury was placed in charge of organising parliamentary business and record-keeping—in effect a clerk of

11193-407: The parliament of February 1305 included ones related to crime. In response, Edward issued the trailbaston ordinance. The state trial of Nicholas Seagrave was conducted as part of this parliament as well. Harmonious relations continued between king and Parliament even after December 1305 when Pope Clement V absolved the King of his oath to adhere to Confirmatio Cartarum . The last parliament of

11316-407: The parliaments . Kings could legislate outside of Parliament through legislative acta (administrative orders drafted by the king's council as letters patent or letters close ) and writs drafted by the chancery in response to particular court cases. But kings could also use Parliament to promulgate legislation. Parliament's legislative role was largely passive—the actual work of law-making

11439-451: The petition on behalf of "the prelates and leading men of the kingdom acting for the whole community" was presented by Henry de Keighley , knight for Lanchashire . This indicates that knights were holding greater weight in Parliament. The last four parliaments of Edward's' reign were less contentious. With Scotland nearly conquered, royal finances improved and opposition to royal policies decreased. A number of petitions were considered at

11562-430: The preamble describes the legislation as "provided" by the magnates and "conceded" by the king, which implies that this was not simply a royal measure consented to by the barons. In 1237, Henry asked Parliament for a tax to fund his sister Isabella's dowry. The barons were unenthusiastic, but they granted the funds in return for the king's promise to reconfirm Magna Carta, add three magnates to his personal council, limit

11685-555: The privileges of the Gaelic nobles, thereby expanding the crown's de jure authority. In return for recognising the crown's authority under the new Kingdom of Ireland, the Gaelic-Anglo-Irish lords had their position legalised and were entitled to attend the Irish Parliament as equals under the policy of surrender and regrant . The Reformation in Ireland introduced in stages by the Tudor monarchs did not take hold in most of

11808-412: The reign of George II . Privileges were also mostly limited to supporters of the Church of Ireland . Protestants who did not recognise the state-supported Church were also discriminated against in law, so non-conformists such as Presbyterians, Congregationalists and Quakers also had a subservient status in Parliament; after 1707 they could hold seats, but not public offices. Thus, the new system favoured

11931-466: The reign was held at Carlisle in 1307. It approved the marriage of the King's son to Isabella of France . Legislation attacking papal provisions and papal taxation was also ratified. Parliament of Ireland The Parliament of Ireland ( Irish : Parlaimint na hÉireann ) was the legislature of the Lordship of Ireland , and later the Kingdom of Ireland , from 1297 until the end of 1800. It

12054-671: The relationship between the king and the baronage had reached a breaking point over the Sicilian business , in which Henry had promised to pay papal debts in return for the pope's help securing the Sicilian crown for his son, Edmund. At the Oxford Parliament of 1258 , reform-minded barons forced a reluctant king to accept a constitutional framework known as the Provisions of Oxford : Parliament now met regularly according to

12177-609: The right to cast votes in elections to the parliament, although they were still debarred from membership and state offices. The House of Lords was presided over by the Lord Chancellor , who sat on the woolsack , a large seat stuffed with wool from each of the three lands of England, Ireland and Scotland. In the Commons, business was presided over by the Speaker who, in the absence of a government chosen from and answerable to

12300-457: The royal prerogative of purveyance , and protect land tenure rights. But Henry was adamant that three concerns were exclusively within his royal prerogative: family and inheritance matters, patronage, and appointments. Important decisions were made without consulting Parliament, such as in 1254 when the king accepted the throne of the Kingdom of Sicily for his younger son, Edmund Crouchback . He also clashed with Parliament over appointments to

12423-579: The said dignity." The wording of the act made clear that Parliament was not granting the king the title (thereby suggesting that they had the right to withdraw it later); rather, it was acknowledging an established fact. In the Act of Supremacy, Henry VIII withdrew support for the authority of the pope and the Roman Catholic Church and asserted the independence of the Ecclesia Anglicana . He appointed himself and his successors as

12546-557: The start of each new reign only, and shortly thereafter it declared itself to be in session permanently, mirroring developments in the English Parliament . As the effects on the prosperity of the Kingdom of submitting the Irish Parliament to review by the British became apparent, the Irish Parliament slowly asserted itself, and from the 1770s the Irish Patriot Party began agitating for greater powers relative to

12669-472: The status of fundamental law after John's reign. The word parliament comes from the French parlement first used in the late 11th century, meaning ' parley ' or ' conversation ' . In the mid-1230s, it became a common name for meetings of the great council. The word was first used with this meaning in 1236. In the 13th century, parliaments were developing throughout north-western Europe. As

12792-646: The supreme rulers of the English church. Earlier, Henry VIII had been declared "Defender of the Faith" ( Fidei defensor ) in 1521 by Pope Leo X for his pamphlet accusing Martin Luther of heresy. Parliament later conferred this title upon the king in 1544. Henry VIII was motivated to issue the Act for multiple reasons. He desperately wanted a male heir to continue his line, and after wars and succession crises, aimed to ensure that his dynastic lineage would continue without challenge. When Catherine of Aragon did not bear

12915-471: The task of governing Ireland, and that such a "corrupt, dangerous and inefficient system" had to be done away with. In June 1798, Lord Cornwallis was appointed Lord Lieutenant of Ireland, with one of his main tasks to be securing support in Ireland for a union. Cornwallis would report that "The mass of the people of Ireland do not care one farthing about the Union". For the idea to succeed, Pitt knew that he needed large scale public support in Ireland for

13038-480: The three great offices of chancellor , justiciar , and treasurer . The barons believed these three offices should be restraints on royal misgovernment, but the king promoted minor officials within the royal household who owed their loyalty exclusively to him. In 1253, while fighting in Gascony, Henry requested men and money to resist an anticipated attack from Alfonso X of Castile . In a January 1254 Parliament,

13161-481: The throne of England". The Lord Lieutenant, when he sat on the throne, sat beneath a canopy of crimson velvet. At the state opening, MPs were summoned to the House of Lords from the House of Commons chamber by Black Rod , a royal official who would "command the members on behalf of His Excellency to attend him in the chamber of peers". Sessions of Parliament drew many of the wealthiest of Ireland's Anglo-Irish elite to Dublin, particularly as sessions often coincided with

13284-567: The throne. The first Elizabethan Parliament passed the Act of Supremacy 1558 that declared Elizabeth the Supreme Governor of the Church of England and instituted an Oath of Supremacy requiring anyone taking public or church office to swear allegiance to the monarch as head of the Church and state. Anyone refusing to take the oath could be charged with treason. The use of the term Supreme Governor as opposed to Supreme Head pacified some Catholics and those Protestants concerned about

13407-470: The time. They also spent over £1,250,000 buying the support of those who held the seats of boroughs and counties. When parliament reopened on 15 January 1800, high levels of passion ran throughout, and angry speeches were delivered by proponents on both sides. Henry Grattan, who had helped secure the Irish parliament's legislative independence in 1782, bought Wicklow borough at midnight for £1,200, and after dressing in his old Volunteer uniform, arrived at

13530-421: The unification of England in the 10th century, kings had convened national councils of lay magnates and leading churchmen. The Anglo-Saxons called such councils witans . These councils were an important way for kings to maintain ties with powerful men in distant regions of the country. The witan had a role in making and promulgating legislation as well as making decisions concerning war and peace. They were also

13653-469: The venues for state trials , such as the trial of Earl Godwin in 1051. After the Norman Conquest of 1066, the king received regular counsel from the members of his curia regis ( Latin for ' royal court ' ) and periodically enlarged the court by summoning a magnum concilium (Latin for ' great council ' ) to discuss national business and promulgate legislation. For example,

13776-553: Was Parliament's main tool in disputes with the king. Nevertheless, the king was still able to raise lesser amounts of revenue from sources that did not require parliamentary consent, such as: Henry III ( r. 1216–1272) became king at nine years old after his father, King John, died during the First Barons' War . During the king's minority, England was ruled by a regency government that relied heavily on great councils to legitimise its actions. Great councils even consented to

13899-502: Was acting as representatives for all taxpayers. The likelihood of resistance to national taxes made consent politically necessary. It was convenient for kings to present the great council as a representative body capable of consenting on behalf of all within the kingdom. Increasingly, the kingdom was described as the communitas regni (Latin for ' community of the realm ' ) and the barons as their natural representatives. But this development also created more conflict between kings and

14022-454: Was based on three assumptions important to the later development of Parliament: Clause 12 stated that certain taxes could only be levied "through the common counsel of our kingdom", and clause 14 specified that this common counsel was to come from bishops, earls, and barons. While the clause stipulating no taxation "without the common counsel" was deleted from later reissues, it was nevertheless adhered to by later kings. Magna Carta would gain

14145-544: Was done by the king and council, specifically the judges on the council who drafted statutes. Completed legislation was then presented to Parliament for ratification. Kings needed Parliament to fund their military campaigns. On the basis of Magna Carta, Parliament asserted for itself the right to consent to taxation, and a pattern developed in which the king would make concessions (such as reaffirming liberties in Magna Carta) in return for tax grants. Withholding taxation

14268-457: Was given power to correct abuses of their officials. The Michaelmas Parliament of 1259 enacted the Provisions of Westminster , a set of legal and administrative reforms designed to address grievances of freeholders and even villeins , such as abuses related to the murdrum fine. Henry III made his first move against the baronial reformers while in France negotiating peace with Louis IX . Using

14391-534: Was issued as letters patent that forbade sheriffs from taking bribes. At the Candlemas Parliament of 1259, the baronial council and the twelve representatives enacted the Ordinance of the Magnates . In this ordinance, the barons promised to observe Magna Carta and other reforming legislation. They also required their own bailiffs to observe similar rules as those of royal sheriffs, and the justiciar

14514-552: Was less between lords and commons than between the landed and all others, lower clergy as well as burgesses". Specialists could be summoned to Parliament to provide expert advice. For example, Roman law experts were summoned from Cambridge and Oxford to the Norham parliament of 1291 to advise on the disputed Scottish succession . At the Bury St Edmunds parliament of 1296, burgesses "who best know how to plan and lay out

14637-854: Was modelled on the Parliament of England and from 1537 comprised two chambers: the House of Commons and the House of Lords . The Lords were members of the Irish peerage (' lords temporal ') and bishops (' lords spiritual '; after the Reformation, Church of Ireland bishops). The Commons was directly elected, albeit on a very restricted franchise . Parliaments met at various places in Leinster and Munster , but latterly always in Dublin: in Christ Church Cathedral (15th century), Dublin Castle (to 1649), Chichester House (1661–1727),

14760-402: Was only released after payment of the unpopular maltolt , a tax never authorised by Parliament. Church wealth was arbitrarily seized, and the clergy were further asked to give half of their revenues to the king. They refused but agreed to a smaller sum. Over the next couple years, parliaments approved new taxes, but it was never enough. More money was needed to put down a Welsh rebellion and win

14883-599: Was overthrown in England, he turned to his Catholic supporters in the Irish Parliament for support. In return for its support during the Williamite war in Ireland (1688–91), a Catholic majority Patriot Parliament of 1689 persuaded James to pass legislation granting it autonomy to and to restore lands confiscated from Catholics in the Cromwellian conquest of Ireland . The Jacobite defeat in this war meant that under William III of England Protestants were returned to

15006-603: Was reversed by the Restoration of Charles II in 1660. Following the death of Cromwell and the end of the Protectorate , the Stuarts returned to the throne thereby ending the sectarian divisions relating to parliament. Then, during the reign of James II of England , who had converted to Roman Catholicism, Irish Catholics briefly recovered their pre-eminent position as the crown now favoured their community. When James

15129-586: Was thought to have ended hopes of a union. Relations between the two parliaments became strained in 1789 during the illness of King George III, when the Irish parliament invited the Prince of Wales to become the Regent of Ireland, before Westminster had been able to make its own decision on the matter. The Irish Rebellion of 1798 saw a French expedition landing in Killala, causing alarm that Ireland could be used as

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