Crown of Ireland Act 1542

Documents relevant to personal and legislative unions of the Countries of the United Kingdom
Treaty of Perth (1266) Statute of Rhuddlan 1284 Laws in Wales Acts 1535–1542 Crown of Ireland Act 1542 Union of the Crowns Treaty of Union 1706 Acts of Union 1707 Irish Constitution of 1782 Acts of Union 1800 Government of Ireland Act 1920 Anglo-Irish Treaty, 1921 Royal and Parliamentary Titles Act 1927 Government of Wales Act 1998 Northern Ireland Act 1998 Scotland Act 1998 Government of Wales Act 2006

The Crown of Ireland Act 1542 is an Act of the Parliament of Ireland (33 Hen. 8 c. 1) which created the title of King of Ireland for King Henry VIII of England and his successors. (The Kings of England had previously held only the title of Lord in relation to Ireland.)

The long title of the Act was "An Act that the King of England, his Heirs and Successors, be Kings of Ireland".

Background

Although one of the earlier Christian overkingdoms, the Holy See of Rome, since 1171, had abolished the High Kingship of Ireland (of 9th century origin, successor to the Kingship of Tara) and devalued the ancient Kingdoms of Ireland.

Under a Papal Bull, the ancient realm was disestablished and turned into a feudal Province of the Secretariat of State 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 annual the tribute levied upon the nobility and people of Ireland.

The Act was introduced in 1541 and was read out to parliament in English and Irish.^{[citation needed]}

Further developments in the 16th century

The secession from the Roman Catholic Church by various European rulers, including that of Henry VIII, inspired 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 married Philip of Spain, who was also staunchly Catholic. The new Queen restored papal authority in both England and Ireland. However, the status of Ireland as a Kingdom remained in question: Would the Papacy recognize 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 recognising Philip and Mary as King and Queen of England and its dominions including Ireland. Although this did not explicitly recognize Ireland as a Kingdom, it representws 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.

Mary died without issue in 1558, and the thrones of England and Ireland passed to Henry's younger daughter, Elizabeth, who was also a Protestant. Once again, both Kingdoms were removed from papal authority; in reply, the Pope declared King Phillip of Spain the rightful ruler, declared Elizabeth a whore and heretic deserving of assassination and death and Parliaments of both kingdoms dens of criminals and usupers equally deserving of death.^{[citation needed]} Philip made several attempts to conquer England, but after several disastrous defeats at the hands of the English, gave up his claim to the crowns of England and its dominions.^{[citation needed]}

Furthermore, because of the Papal Bull, at the least, the principle was established that the sovereign of Ireland was de facto the Crown of Ireland, through its personal link to the English monarchy. The success of the Queen Elizabeth in securing both her Irish and English thrones led all of Europe’s Protestant sovereigns to recognize the status of Ireland as a Kingdom.^{[citation needed]}

Subsequent developments

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. 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. In reply, Irish diplomacy was in receiving the recognition of the sovereignty of Ireland from Catholic Europe, thereby ending future Catholic sovereign incitements of the larger Catholic peasantry and securing the western flank of Great Britain from Catholic invasion. This recognition was eventually granted in 1755 by the Holy See when the last Catholic inspired invasion of England ended in failure during the Jacobite rebellion and in subsequent treaties with other Catholic sovereigns, following British global victories during the remainder of the century.^{[citation needed]}

Until 1801, Ireland continued to exist as a Kingdom in its own right, with its own Parliament; however, its government remained in English hands 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 Anglican 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 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.

The 20th century

As a result of the Irish War of Independence, most of Ireland became independent of the United Kingdom in 1922 as the Irish Free State. The remaining six north-eastern counties continued as Northern Ireland within the United Kingdom, but with their own parliament and system of government. Despite these fundamental changes, the 1542 Act remained unamended on the statute books.

The Irish Free State adopted a republican constitution in 1937, although its remaining ties with the British monarchy were not formally broken until 1949. However, the 1542 Act remained on the republic's statute books until formally repealed in 1962.

The Act today

As of 2011 Northern Ireland remains a constituent part of the United Kingdom; the 1542 Act remains law there. However, the offence in the Act making it treason to endanger the Sovereign or her possession of the Crown now carries only a maximum sentence of life imprisonment following the formal abolition of capital punishment in the United Kingdom in 1998.

See also

• Protestant Ascendancy
• Style of the British Sovereign
• High treason in the United Kingdom
• Treason Act

References

• The Rights of Persons, According to the Text of Blackstone: Incorporating the Alterations Down to the Present Time, Sir William Blackstone and James Stewart, 1839, p. 92.

External links

• Official text of the Crown of Ireland Act (I) 1542 (c. 1) as amended and in force today within the United Kingdom, from the UK Statute Law Database