Act of Union 1800
Encyclopedia
The Acts of Union 1800 (sometimes called the Acts of Union 1801) describe two complementary Acts, namely:
Passed on 2 July 1800 and 1 August 1800 respectively, the twin Acts united the Kingdom of Great Britain
and the Kingdom of Ireland
to create the United Kingdom of Great Britain and Ireland
. The union came into effect on 1 January 1801. Both Acts, though since amended, remain in force in the United Kingdom
.
In the Republic of Ireland
the Union with Ireland Act 1800 (that passed in Great Britain) was not finally repealed until the passing by the Oireachtas
of the Statute Law Revision Act 1983. The Act of Union (Ireland) 1800 (that passed in Ireland) was repealed in 1962.
had been in personal union
with England
since 1541, when the Irish Parliament had passed the Crown of Ireland Act 1542
, proclaiming King Henry VIII of England
to be King of Ireland
. Both Ireland and England had been in personal union with Scotland
since the Union of the Crowns
in 1603.
In 1707, England
and Scotland
– hitherto a personal union – were united into a single kingdom; the Kingdom of Great Britain
. The Kingdom of Ireland
was left out. In July 1707, each House of the Parliament of Ireland
passed a congratulatory address to Queen Anne, praying that "May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union". The British government did not respond to this, and an equal union between Great Britain and Ireland was not considered until the 1790s. When the union was finally passed in 1800, the British drove the process.
After centuries subordination to the English, and later, British Parliaments, the Parliament of Ireland gained a large measure of independence by the Constitution of 1782
. Many members of the Irish Parliament guarded its autonomy jealously (notably Henry Grattan
) and a motion for union was rejected in 1799. However, a concerted campaign by the British government overcame the reluctance of the Irish Parliament.
Only Anglicans
were permitted to become members of the Parliament of Ireland, though the great majority of the Irish population were Roman Catholic, with many Presbyterians in Ulster
. In the 1790s Roman Catholics gained the minimal right to vote.
From the perspective of Great Britain, the union was required because of the uncertainty that followed the Irish Rebellion of 1798
and the French Revolution
of 1789, which inspired the rebels; if Ireland adopted Catholic Emancipation
, willingly or not, a Roman Catholic parliament could break away from Britain and ally with the French, while the same measure within a united kingdom would exclude that possibility. Also the Irish and British parliaments, when creating a regency during King George III
's "madness", gave the Prince Regent different powers. These considerations led Great Britain to decide to merge the two kingdoms and their parliaments.
The final passage of the Act in the Irish Parliament was achieved with substantial majorities, achieved in part according to contemporary documents through bribery
, namely the awarding of peerage
s and honour
s to critics to get their votes. Whereas the first attempt had been defeated in the Irish House of Commons
by 109 votes against to 104 for, the second vote in 1800 produced a result of 158 to 115.
The Acts ratified eight articles which had been previously agreed by the British and Irish Parliaments:
Part of the attraction of the Union for many Irish Catholics was the promise of Catholic Emancipation
, thereby allowing Roman Catholic MPs (which had not been allowed in the Irish Parliament). This was however blocked by King George III
who argued that emancipating Roman Catholics would breach his Coronation Oath, and was not realised until 1829.
The flag, created as a consequence of the union of the Kingdom of Great Britain and Ireland in 1800, still remains the flag of the United Kingdom
. Called the Union Flag
, it combined the flags of England
(which included Wales
) and Scotland
with a "St Patrick's Cross" to represent Ireland
.
- the Union with Ireland Act 1800 (39 & 40 Geo. 3 c. 67), an Act of the Parliament of Great BritainParliament of Great BritainThe Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
, and - the Act of Union (Ireland) 1800 (40 Geo. 3 c. 38), an Act of the Parliament of IrelandParliament of IrelandThe Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
.
Passed on 2 July 1800 and 1 August 1800 respectively, the twin Acts united the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
and the Kingdom of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
to create the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
. The union came into effect on 1 January 1801. Both Acts, though since amended, remain in force in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
In the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
the Union with Ireland Act 1800 (that passed in Great Britain) was not finally repealed until the passing by the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
of the Statute Law Revision Act 1983. The Act of Union (Ireland) 1800 (that passed in Ireland) was repealed in 1962.
Background
Before these Acts, IrelandIreland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
had been in personal union
Personal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
with England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
since 1541, when the Irish Parliament had passed the Crown of Ireland Act 1542
Crown of Ireland Act 1542
The Crown of Ireland Act 1542 is an Act of the Parliament of Ireland , declaring that King Henry VIII of England and his successors would also be Kings of Ireland. Since 1171 the monarch of England had held the title Lord of Ireland...
, proclaiming King Henry VIII of England
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
to be King of Ireland
King of Ireland
A monarchical polity has existed in Ireland during three periods of its history, finally ending in 1801. The designation King of Ireland and Queen of Ireland was used during these periods...
. Both Ireland and England had been in personal union with Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
since the Union of the Crowns
Union of the Crowns
The Union of the Crowns was the accession of James VI, King of Scots, to the throne of England, and the consequential unification of Scotland and England under one monarch. The Union of Crowns followed the death of James' unmarried and childless first cousin twice removed, Queen Elizabeth I of...
in 1603.
In 1707, England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
and Scotland
Kingdom of Scotland
The Kingdom of Scotland was a Sovereign state in North-West Europe that existed from 843 until 1707. It occupied the northern third of the island of Great Britain and shared a land border to the south with the Kingdom of England...
– hitherto a personal union – were united into a single kingdom; the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
. The Kingdom of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
was left out. In July 1707, each House of the Parliament of Ireland
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
passed a congratulatory address to Queen Anne, praying that "May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union". The British government did not respond to this, and an equal union between Great Britain and Ireland was not considered until the 1790s. When the union was finally passed in 1800, the British drove the process.
Passing the Acts
Each Act had to be passed in the Parliament of Great Britain and the Parliament of Ireland.After centuries subordination to the English, and later, British Parliaments, the Parliament of Ireland gained a large measure of independence by the Constitution of 1782
Constitution of 1782
The Constitution of 1782 is a collective term given to a series of legal changes which freed the Parliament of Ireland, a Medieval parliament consisting of the Irish House of Commons and the Irish House of Lords, of legal restrictions that had been imposed by successive Norman, English, and later,...
. Many members of the Irish Parliament guarded its autonomy jealously (notably Henry Grattan
Henry Grattan
Henry Grattan was an Irish politician and member of the Irish House of Commons and a campaigner for legislative freedom for the Irish Parliament in the late 18th century. He opposed the Act of Union 1800 that merged the Kingdoms of Ireland and Great Britain.-Early life:Grattan was born at...
) and a motion for union was rejected in 1799. However, a concerted campaign by the British government overcame the reluctance of the Irish Parliament.
Only Anglicans
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
were permitted to become members of the Parliament of Ireland, though the great majority of the Irish population were Roman Catholic, with many Presbyterians in Ulster
Ulster
Ulster is one of the four provinces of Ireland, located in the north of the island. In ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial...
. In the 1790s Roman Catholics gained the minimal right to vote.
From the perspective of Great Britain, the union was required because of the uncertainty that followed the Irish Rebellion of 1798
Irish Rebellion of 1798
The Irish Rebellion of 1798 , also known as the United Irishmen Rebellion , was an uprising in 1798, lasting several months, against British rule in Ireland...
and the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
of 1789, which inspired the rebels; if Ireland adopted Catholic Emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...
, willingly or not, a Roman Catholic parliament could break away from Britain and ally with the French, while the same measure within a united kingdom would exclude that possibility. Also the Irish and British parliaments, when creating a regency during King George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
's "madness", gave the Prince Regent different powers. These considerations led Great Britain to decide to merge the two kingdoms and their parliaments.
The final passage of the Act in the Irish Parliament was achieved with substantial majorities, achieved in part according to contemporary documents through bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, namely the awarding of peerage
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
s and honour
Honour
Honour or honor is an abstract concept entailing a perceived quality of worthiness and respectability that affects both the social standing and the self-evaluation of an individual or corporate body such as a family, school, regiment or nation...
s to critics to get their votes. Whereas the first attempt had been defeated in the Irish House of Commons
Irish House of Commons
The Irish House of Commons was the lower house of the Parliament of Ireland, that existed from 1297 until 1800. The upper house was the House of Lords...
by 109 votes against to 104 for, the second vote in 1800 produced a result of 158 to 115.
The Acts ratified eight articles which had been previously agreed by the British and Irish Parliaments:
- Articles I–IV dealt with the political aspects of the Union which included Ireland having over 100 MPs representing it in the united parliament, meeting in the Palace of WestminsterPalace of WestminsterThe Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
. Ireland gained 100 seats in the House of CommonsBritish House of CommonsThe House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
and 32 seats in the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
: 28 representative peers elected for life, and four clergymen of the (Anglican) Church of IrelandChurch of IrelandThe Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
, chosen for each session. - Article V created a united Protestant church, the United Church of England and Ireland, but confirmed the independence of the Church of ScotlandChurch of ScotlandThe Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
. - Article VI created a customs union, with the exception that customs duties on certain British and Irish goods passing between the two countries would remain for 10 years (a consequence of having trade depressed by the ongoing war with revolutionary France).
- Article VII stated that Ireland would have to contribute two-seventeenths towards the expenditure of the United Kingdom. The figure was a ratio of Irish to British foreign trade.
- Article VIII formalised the legal and judicial aspects of the Union.
Part of the attraction of the Union for many Irish Catholics was the promise of Catholic Emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...
, thereby allowing Roman Catholic MPs (which had not been allowed in the Irish Parliament). This was however blocked by King George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
who argued that emancipating Roman Catholics would breach his Coronation Oath, and was not realised until 1829.
Union Flag
Flag of the United Kingdom
The United Kingdom of Great Britain and Northern Ireland uses as its national flag the royal banner known as the Union Flag or, popularly, Union Jack. The current design of the Union Flag dates from the union of Ireland and Great Britain in 1801...
. Called the Union Flag
Union Flag
The Union Flag, also known as the Union Jack, is the flag of the United Kingdom. It retains an official or semi-official status in some Commonwealth Realms; for example, it is known as the Royal Union Flag in Canada. It is also used as an official flag in some of the smaller British overseas...
, it combined the flags of England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
(which included Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
) and Scotland
Kingdom of Scotland
The Kingdom of Scotland was a Sovereign state in North-West Europe that existed from 843 until 1707. It occupied the northern third of the island of Great Britain and shared a land border to the south with the Kingdom of England...
with a "St Patrick's Cross" to represent Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
.
Sources
- Ward, Alan J. The Irish Constitutional Tradition: Responsible Government and Modern Ireland 1782-1992. Irish Academic Press, 1994.
- Lalor, Brian (ed). The Encyclopaedia of Ireland. Gill & Macmillan, Dublin, Ireland, 2003. ISBN 0-7171-3000-2, p7