Popery Act 1703
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Popery Act 1703
An Act to prevent the further Growth of Popery (2 Anne c. 6 (I); commonly known as the Popery Act or the Gavelkind Act)Andrew Lyall; Land Law in Ireland; was an act of the Parliament of Ireland that was passed in 1704 designed to suppress Roman Catholicism in Ireland ("Popery"). William Edward Hartpole Lecky called it the most notorious of the Irish Penal Laws. Inheritance in traditional Irish law used gavelkind, whereby an estate was divided equally among a dead man's sons. In contrast, English common law used male primogeniture, with the eldest son receiving the entire estate. The 1704 act enforced gavelkind for Catholics and primogeniture for Protestants. Enactment Two separate bills "to prevent the further Growth of Popery" were introduced in the parliamentary session 1703–1704. One originated with the Irish Privy Council and was referred on 4 July 1703 to the Attorney-General for Ireland; the other was introduced as heads of a bill in the Irish House of Commons on 28 ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster system, Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of act of Congress, Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be Legal citation, cited. I ...
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Legislative Session
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections. A session may last for the full term of the legislature or the term may consist of a number of sessions. These may be of fixed duration, such as a year, or may be determined by the party in power. In some countries, a session of the legislature is brought to an end by an official act of prorogation, in others by a motion to adjourn ''sine die''. In either event, the close of a session generally brings an end to all unpassed bills in the legislature, which would have to be introduced anew to continue debate in the following session. Common procedure Historically, each session of a parliament would last less than one year, ceasing with a prorogation during which legislators could return to their constituencies. In more recent times, ...
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Apostasy
Apostasy (; ) is the formal religious disaffiliation, disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous religious beliefs. One who undertakes apostasy is known as an apostate. Undertaking apostasy is called apostatizing (or apostasizing – also spelled apostacizing). The term ''apostasy'' is used by sociology, sociologists to mean the renunciation ''and'' criticism of, or opposition to, a person's former religion, in a technical sense, with no pejorative connotation. Occasionally, the term is also used metaphorically to refer to the renunciation of a non-religious belief or cause, such as a political party, social movement, or sports team. Apostasy is generally not a self-definition: few former believers call themselves apostates due to the term's negative connotation. Many religious groups and some states punish apostates; this may be the ...
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Praemunire
In English history, or ( or ) was the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England, against the supremacy of the monarch. The 14th-century law prohibiting this was enforced by the ''writ of '', a writ of summons from which the law takes its name. may denote the statute, the writ, or the offence. In classical Latin, it means 'to fortify' and also 'to safeguard' or 'to uphold' () 'in advance' or 'in preference' (). From antiquity, munire was also connected, by mistaken etymology, with munera, "duties", "civic obligations". In medieval Latin, was confused with and used for , to forewarn, as the writ commanded that the sheriff do () warn () the summoned person to appear before the Court. Another way of understanding the term, more revealing of its sense, and based on its proper meaning, is "to supply support for () something instead of, sooner than or before () its proper object", as someone, for instance, ...
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Stephen Rice (judge)
Sir Stephen Rice (1637–1715) was an Irish lawyer and judge, who served as List of Chief Barons of the Irish Exchequer, Chief Baron of the Exchequer in Ireland under James II of England, James II. He was noted for his close political association with Richard Talbot, 1st Earl of Tyrconnell and for his legal rulings in support of Catholic land rights in Ireland during his brief tenure. Early life Rice was born in Dingle, County Kerry in 1637. His parentage is uncertain; he was either the younger son of James Rice, or the heir of Edward Rice of Dingle, possibly by Phillis (née Fanning) of Limerick. He was born into an Old English (Ireland), Old English Roman Catholic family with large estates in Munster. Despite his Catholicism, in 1671 Rice entered the Middle Temple to train in law, a profession which at the time largely excluded Catholics. He became a member of King's Inns in 1674. By 1678 he had established a private practice of some size and counted many Catholic and Protesta ...
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Solicitor General For Ireland
The Solicitor-General for Ireland was the holder of an Irish and then (from the Act of Union 1800) United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. On rare occasions, there was also a Deputy Attorney-General, who was distinct from the Solicitor-General. At least two holders of the office, Patrick Barnewall (1534–1550) and Sir Roger Wilbraham (1586–1603), played a leading role in Government, although in Barnewall's case, this may be partly because he, was also King's Serjeant. As with the Solicitor General for England and Wales, the Solicitor-General for Ireland was usually a barrister rather than a solicitor. The first record of a Solicitor General is in 1511, although the office may be older than that as the records are incomplete; on the other hand, the equivalent English office is a relatively recent creation, dating from 1461. Early Solicitors almost always held the like of Ser ...
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Theobald Butler (solicitor–general)
Sir Theobald (Toby) Butler (1650–1721) was a leading barrister and politician in late seventeenth-century Ireland, who held office as Solicitor General for Ireland. He is mainly remembered for framing the civil articles of the Treaty of Limerick, and for his eloquent but unsuccessful plea to the Irish House of Commons against the passing of the Popery Act 1704 (2 Anne c. 6 (I)), which allowed any Protestant son of a Roman Catholic landowner to prevent his Catholic brothers from inheriting the family property.''Burke's Irish Family Records'' London 1976 p.193 He was a much loved "character" in Dublin, and his great popularity shielded him from the penalties that he might otherwise have suffered as a result of his religious beliefs. Only his few enemies attacked him for his willingness to come to an accommodation with the new regime in order to preserve his own property. Family He was born at Boytonrath, County Tipperary, second of the five sons of James and Mary Butler, who w ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who anno ...
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Irish House Of Lords
The Irish House of Lords was the upper house of the Parliament of Ireland that existed from medieval times until the end of 1800. It was also the final court of appeal of the Kingdom of Ireland. It was modelled on the House of Lords of England, with members of the Peerage of Ireland sitting in the Irish Lords, just as members of the Peerage of England did at Westminster. When the Act of Union 1800 abolished the Irish parliament, a subset of Irish peers sat as Irish representative peers in the House of Lords of the merged Parliament of the United Kingdom. History The Lords started as a group of barons in the Lordship of Ireland that was generally limited to the Pale, a variable area around Dublin where English law was in effect, but did extend to the rest of Ireland. They sat as a group, not as a separate House, from the first meeting of the Parliament of Ireland in 1297. From the establishment of the Kingdom of Ireland in 1542 the Lords included a large number of new Gae ...
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English Privy Council
The Privy Council of England, also known as His (or Her) Majesty's Most Honourable Privy Council (), was a body of advisers to the sovereign of the Kingdom of England. Its members were often senior members of the House of Lords and the House of Commons, together with leading churchmen, judges, diplomats and military leaders. The Privy Council of England was a powerful institution, advising the sovereign on the exercise of the royal prerogative and on the granting of royal charters. It issued executive orders known as Orders in Council and also had judicial functions. In 1708, the Privy Council of England was abolished and subsumed into the Privy Council of Great Britain along with the Privy Council of Scotland. Name According to the Oxford dictionary the definition of the word "privy" in ''Privy Council'' is an obsolete one meaning "Of or pertaining exclusively to a particular person or persons; one's own", insofar as the council is personal to the sovereign. During the reig ...
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Poynings' Law (on Certification Of Acts)
Poynings' Law or the Statute of Drogheda ( 10 Hen. 7. c. 4 (I) 'The Irish Statutes'' numberingor 10 Hen. 7. c. 9 (I) 'Analecta Hibernica'' numbering later titled "An Act that no Parliament be holden in this Land until the Acts be certified into England") was a 1494 Act of the Parliament of Ireland which provided that the parliament could not meet until its proposed legislation had been approved both by Ireland's Lord Deputy and Privy Council and by England's monarch (the Lord of Ireland) and Privy Council. It was a major grievance in 18th-century Ireland, was amended by the Constitution of 1782, rendered moot by the Acts of Union 1800, and repealed by the Statute Law Revision (Ireland) Act 1878 ( 41 & 42 Vict. c. 57). Background Poynings' Parliament was called by Sir Edward Poynings in his capacity as Lord Deputy of Ireland, appointed by King Henry VII of England in his capacity as Lord of Ireland. Coming in the aftermath of the divisive Wars of the Roses, Poynin ...
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Lord Lieutenant Of Ireland
Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the Kingdom of Ireland (1541–1800) and the United Kingdom of Great Britain and Ireland (1801–1922). The office, under its various names, was often more generally known as the Viceroy, and his wife was known as the vicereine. The government of Ireland in practice was usually in the hands of the Lord Deputy up to the 17th century, and later of the Chief Secretary for Ireland. Role The Lord Lieutenant possessed a number of overlapping roles. He was * the representative of the King (the "viceroy"); * the head of the executive in Ireland; * (on occasion) a member of the English or British Cabinet; * the fount of mercy, justice and patronage; * (on occasion) commander-in-chief in Ireland. * Grand Master of the Order of St. Patrick Prior to ...
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