This article needs additional citations for verification .(April 2021) |
Act of Parliament | |
Long title | An Act that the King of England, his Heirs and Successors, be Kings of Ireland. |
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Citation | 33 Hen. 8. c. 1 (I) |
Territorial extent |
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Other legislation | |
Amended by | Crime and Disorder Act 1998, Short Titles Act (Northern Ireland) 1951 |
Repealed by | Statute Law Revision (Pre-Union Irish Statutes) Act, 1962 (ROI) |
Revised text of statute as amended |
The Crown of Ireland Act 1542 [1] (33 Hen. 8. c. 1 (I)) is an Act that was passed by the Parliament of Ireland on 18 June 1542, which created the title of "King of Ireland" for monarchs of England and their successors; previous monarchs had ruled Ireland as Lords of Ireland. The first monarch to hold the title was King Henry VIII of England.
The long title of the Act was "An Act that the King of England, his Heirs and Successors, be Kings of Ireland". Among the 18th-century Irish Patriot Party it was called the Act of Annexation. [2]
The pope in 1171 abolished the High Kingship of Ireland (of 9th-century origin, successor to the Kingship of Tara) and devalued the ancient Kingdoms of Ireland.
Under Laudabiliter , a papal bull, the ancient realm was disestablished and turned into a feudal province of the Holy See of the Roman Catholic Church under the temporal power of the monarch of England who henceforth held the title Lord of Ireland, relinquishing to the papacy the annual tribute levied upon the nobility and people of Ireland.
The Act was passed in the Parliament of Ireland, meeting in Dublin, on 18 June 1542, being read out to parliament in English and Irish. [3]
The secession of various European rulers during the Protestant Reformation, including Henry VIII, prompted the papacy to initiate the Counter-Reformation. One consequence of this was that the papacy required all Roman Catholic rulers to consider Protestant rulers (and their loyal subjects) as heretics, thus making their realms illegitimate under customary Roman Catholic international law.[ citation needed ] Consequently, the title "King of Ireland" was not initially recognised by Europe's Catholic monarchs and the papacy. Instead, they remained committed in considering Ireland a feudal fief of the papacy, to be granted to any Catholic sovereign who managed to secure the island Kingdom from the control of its Protestant monarchs.
After the death of Henry VIII's only legitimate son, Edward VI, the throne passed to his oldest daughter, Mary I, who was a devout Roman Catholic. Mary shortly thereafter married Philip of Spain, who was also staunchly Catholic. The new monarch restored papal authority in both England and Ireland. However, the status of Ireland as a kingdom remained in question: would the papacy recognise Ireland's existence as a kingdom in its own right or maintain some fiction of temporal papal power in the land? To rectify this, Pope Paul IV issued a papal bull in 1555, Ilius, per quem Reges regnant, recognising Philip and Mary as King and Queen of England and its dominions including Ireland. Although this did not explicitly recognise Ireland as a kingdom, it represents the surrender of most of the papacy's declared authority over Ireland, elevating it from a mere province of the Holy See to one that united Ireland's and England's crowns in one person. [4]
Mary died without issue in 1558, and the thrones of England and Ireland passed to her half-sister, Elizabeth I, who was a Protestant. Once again, both Kingdoms were removed from papal authority. In reply, Pope Pius V issued a papal bull in 1570, Regnans in Excelsis , declaring "Elizabeth, the pretended Queen of England and the servant of crime" to be a heretic and releasing all her subjects from any allegiance to her and excommunicating any that obeyed her orders.
Over the course of the next two centuries, the papacy and Europe's Catholic rulers continued to recognise Ireland as a kingdom in its own right, whilst at the same time asserting its Protestant monarchy as illegitimate.[ citation needed ] Simultaneously, they would incite Catholic rebellion to Protestants in the island as a means of recovering Ireland to a Catholic sovereign, preceding the establishment of a Catholic sovereign on the English and Scottish thrones.[ citation needed ] In reply, British diplomacy concentrated on receiving the recognition of the sovereignty of Ireland from Catholic Europe in the hope of thereby ending future Catholic sovereign incitements of the larger Catholic peasantry and securing the western flank of Great Britain from Catholic invasion.[ citation needed ]
Until 1801, Ireland continued to exist as a Kingdom in its own right, with its own Parliament. The government of Ireland, however, remained exclusively Protestant, even after Grattan's constitution came into effect in the 1780s. Most of the country's population remained Catholic, but its Protestant minority remained socially, politically, and economically dominant; and even many Protestants were excluded from power as not being members of the established Church of Ireland. The Penal Laws preserving the position of the Protestant Ascendancy began to be dismantled in the 1780s and 1790s. However, fear of revolutionary violence in the wake of the French Revolution and the French Revolutionary Wars and subsequent republican Irish Rebellion of 1798 led the British government to seek the union of Ireland with Great Britain; this resulted in the formation of the United Kingdom of Great Britain and Ireland.
As a result of the Anglo-Irish Treaty that ended the Irish War of Independence, most of Ireland officially left the United Kingdom in December 1922 and became the Irish Free State, a mostly self-governing dominion that still retained the British monarch as its sovereign and head of state. Northern Ireland, having been partitioned from what would become the Irish Free State by the Government of Ireland Act 1920, remained in the United Kingdom, with its own parliament and devolved system of government. Despite these fundamental changes, the 16th-century act remained unamended on the statute books.
From a British perspective, the Irish Free State became legislatively independent with the passage in the British Parliament of the Statute of Westminster 1931. However, the Irish Free State considered itself legislatively independent before its passage and did not recognise its legal situation as having changed. The dominion thereafter shared the person of its monarch with the United Kingdom and the other dominions of the then-called British Commonwealth.
The Irish Free State adopted a new constitution in 1937 with a president, while the Irish monarchy, which had been retained for external relations, was abolished in Irish law by The Republic of Ireland Act 1948, which became law in April 1949. Though no longer effective, the Tudor act remained on the Republic of Ireland's statute books until formally repealed in 1962. [5]
The Act of Settlement is an act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. This had the effect of deposing the remaining descendants of Charles I, other than his Protestant granddaughter Anne, as the next Protestant in line to the throne was Sophia of Hanover. Born into the House of Wittelsbach, she was a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non-Catholic heirs. Sophia died less than two months before Queen Anne, and Sophia's son succeeded to the throne as King George I, starting the Hanoverian dynasty in Britain.
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers regulated by the British Constitution. The term may also refer to the role of the royal family within the UK's broader political structure. The monarch since 8 September 2022 is King Charles III, who ascended the throne on the death of Queen Elizabeth II, his mother.
Monarchical systems of government have existed in Ireland from ancient times. This continued in all of Ireland until 1949, when the Republic of Ireland Act removed most of Ireland's residual ties to the British monarch. Northern Ireland, as part of the United Kingdom, remains under a monarchical system of government.
The Acts of Union 1800 were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland. The acts came into force between 31 December 1800 and 1 January 1801, and the merged Parliament of the United Kingdom had its first meeting on 22 January 1801.
The Kingdom of Ireland was a dependent territory of England and then of Great Britain from 1542 to the end of 1800. It was ruled by the monarchs of England and then of Great Britain, and was administered from Dublin Castle by a viceroy appointed by the English king: the Lord Deputy of Ireland. Aside from brief periods, the state was dominated by the Protestant English minority. The Protestant Church of Ireland was the state church. The Parliament of Ireland was composed of Anglo-Irish nobles. From 1661, the administration controlled an Irish army. Although styled a kingdom, for most of its history it was, de facto, an English dependency. This status was enshrined in Poynings' Law and in the Declaratory Act of 1719.
The Laws in Wales Acts 1535 and 1542 or the Acts of Union, were Acts of the Parliament of England under King Henry VIII of England, causing Wales to be incorporated into the realm of the Kingdom of England.
The Lordship of Ireland, sometimes referred to retrospectively as Anglo-Norman Ireland, was the part of Ireland ruled by the King of England and controlled by loyal Anglo-Norman Lords between 1177 and 1542. The lordship was created following the Anglo-Norman invasion of Ireland in 1169–1171. It was a papal fief, granted to the Plantagenet kings of England by the Holy See, via Laudabiliter. As the Lord of Ireland was also the King of England, he was represented locally by a governor, variously known as the Justiciar, Lieutenant, Lord Lieutenant or Lord Deputy.
Defender of the Faith is a phrase that has been used as part of the full style of many English, Scottish, and later British monarchs since the early 16th century. It has also been used by some other monarchs and heads of state.
The words Popery and Papism are mainly historical pejorative words in the English language for Roman Catholicism, once frequently used by Protestants and Eastern Orthodox Christians to label their Roman Catholic opponents, who differed from them in accepting the authority of the Pope over the Christian Church. The words were popularised during the English Reformation (1532–1559), when the Church of England broke away from the Roman Catholic Church and divisions emerged between those who rejected papal authority and those who continued to follow Rome. The words are recognised as pejorative; they have been in widespread use in Protestant writings until the mid-nineteenth century, including use in some laws that remain in force in the United Kingdom.
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 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.
The Kingdom of England was a sovereign state on the island of Great Britain from the early tenth century, when it was unified from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain, which would later become the United Kingdom. The Kingdom of England was among the most powerful states in Europe during the medieval and early modern periods.
The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be treated as treasonable. The Oath of Supremacy was originally imposed by King Henry VIII of England through the Act of Supremacy 1534, but repealed by his elder daughter, Queen Mary I of England, and reinstated under Henry's other daughter and Mary's half-sister, Queen Elizabeth I of England, under the Act of Supremacy 1558. The Oath was later extended to include Members of Parliament (MPs) and people studying at universities. In 1537, the Irish Supremacy Act was passed by the Parliament of Ireland, establishing Henry VIII as the supreme head of the Church of Ireland. As in England, a commensurate Oath of Supremacy was required for admission to offices.
The Parliament of Ireland was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until the end of 1800. It 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 and 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, Dublin Castle, Chichester House (1661–1727), the Blue Coat School (1729–31), and finally a purpose-built Parliament House on College Green.
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.
The precise style of the British sovereign is chosen and proclaimed by the sovereign, in accordance with the Royal Titles Act 1953. The current sovereign, King Charles III, was proclaimed by the Privy Council in 2022 to have acceded to the throne with the style:
Charles the Third, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of His other Realms and Territories King, Head of the Commonwealth, Defender of the Faith
The Act of Supremacy 1558, sometimes referred to as the Act of Supremacy 1559, is an act of the Parliament of England, which replaced the original Act of Supremacy 1534, and passed under the auspices of Elizabeth I. The 1534 act was issued by Elizabeth's father, Henry VIII, which arrogated ecclesiastical authority to the monarchy, but which had been repealed by Mary I. Along with the Act of Uniformity 1558, the act made up what is generally referred to as the Elizabethan Religious Settlement.
The reliable sources of British history do not use the term "British Emperor," nor did the government. The term "British Empire" is an unofficial designation and does not imply there was a person called "emperor." The term "emperor" has sometimes informally been retroactively applied to a few mythical and historical rulers of Great Britain, Ireland or the United Kingdom. It was sometimes used informally to designate either Plantagenet and Tudor caesaropapism. The term "Emperor of India" was officially a title for Queen Victoria and her successors down to 1948. There was never an official entity named "Empire of India." See British Raj for the part of India that Britain controlled.
The formation of the United Kingdom of Great Britain and Northern Ireland has involved personal and political union across Great Britain and the wider British Isles. The United Kingdom is the most recent of a number of sovereign states that have been established in Great Britain at different periods in history, in different combinations and under a variety of polities. Historian Norman Davies has counted sixteen different states over the past 2,000 years.
The Reformation in Ireland was a movement for the reform of religious life and institutions that was introduced into Ireland by the English administration at the behest of King Henry VIII of England. His desire for an annulment of his marriage was known as the King's Great Matter. Ultimately Pope Clement VII refused the petition; consequently, in order to give legal effect to his wishes, it became necessary for the King to assert his lordship over the Catholic Church in his realm. In passing the Acts of Supremacy in 1534, the English Parliament confirmed the King's supremacy over the Church in the Kingdom of England. This challenge to Papal supremacy resulted in a breach with the Catholic Church. By 1541, the Irish Parliament had agreed to the change in status of the country from that of a Lordship to that of Kingdom of Ireland.
The history of the monarchy of the United Kingdom and its evolution into a constitutional and ceremonial monarchy is a major theme in the historical development of the British constitution. The British monarchy traces its origins to the petty kingdoms of Anglo-Saxon England and early medieval Scotland, which consolidated into the kingdoms of England and Scotland by the 10th century. The Norman and Plantagenet dynasties expanded their authority throughout the British Isles, creating the Lordship of Ireland in 1177 and conquering Wales in 1283. In 1215, King John agreed to limit his own powers over his subjects according to the terms of Magna Carta. To gain the consent of the political community, English kings began summoning Parliaments to approve taxation and to enact statutes. Gradually, Parliament's authority expanded at the expense of royal power.
The act of Henry VIII., commonly called the act of annexation, proves and ascertains what the member's arguments would deny, the existence, properties, and prerogatives of the Irish crown.; A Review of Mr. Grattan's Answer to the Earl of Clare's Speech (PDF). Vol. Part the first. Dublin: J. Milliken. 1800. p. 6.
What by a bold flight of imperialism we now denominate the Act of Annexation, (33d Hen. VIII. c. 1.) was in truth no more than an alteration in the Royal style.