Surrender and regrant
Encyclopedia
During the Tudor conquest of Ireland (c.1540-1603), "surrender and regrant" was the legal mechanism by which Irish clans were to be converted from a power structure rooted in clan and kin loyalties, to a late-feudal system under the English legal system. The policy was an attempt to involve the clan chiefs within the English polity, and to guarantee their property under English common law, as distinct from the traditional Irish Brehon law system.
(ruled 1509-47) in a bid to extend and secure his control over the island of Ireland. This policy started in the years between the Geraldine rebellion
(1534–39) and his subsequent creation of the Kingdom of Ireland
in 1541-42. Henry's problem was that many of the Irish clans remained autonomous and outside the control of his administration in Dublin.
Gaelic chiefs and some autonomous Norman-Irish
lords were actively encouraged to surrender their lands to the king, and then have them regranted (returned) as freeholds paying a "Chief Rent
" under a royal charter
if they swore loyalty to him. Those who surrendered were also expected to speak English, wear English-style dress, remain loyal to the Crown, pay a rent and follow English laws and customs, abjure the Roman Catholic Church, and convert to Henry's new Anglican Church.
In return they would be protected from attack and could organise local courts and enter the Irish parliament.
The initiative of "surrender and regrant" was launched in the 1540s under the new English Governor of Ireland, Anthony St. Leger
. Essentially St. Leger's idea was to transform and assimilate the more autonomous leaders of Gaelic Ireland into something akin to the political and constitutional system of England, where everyone was theoretically equal at law under the monarch.
from 1542. In 1543 the O'Briens of Thomond were created lords Inchiquin. The Mac Aonghusa / Magennis
clan in county Down
became knights, and the O'Byrnes of Wicklow
, the Kavanaghs of Wicklow, Cahir, Baron of Ballyane Lords of Ballyane, the O'Donnells of Donegal and the FitzPatricks of Ossory
(lords Castletown) were others who accepted the system. The O'Donnell chief was created an earl
briefly by James I of England
in 1603-07. The Clanricarde Burke took the title of earl in 1543. Theobald Burke
, alias Tibbott ne Long, the heir of "Lower MacWilliam Burke" lands in County Mayo
, and a son of Gráinne O'Malley, remained outside the system until 1593; he was knighted in 1603 and was created viscount Mayo in 1626. Gráinne herself accepted the system in 1576, in respect of her own lands, though she managed her lands with a high degree of autonomy over the next two decades. The O'Shaughnessy
s of Gort and the O'Driscolls of Corcu Loígde
also became knights.
Many of the regranted clan chiefs remained Roman Catholic after the death of Queen Mary
in 1558, which, after the final split between England and Rome
in 1570, meant that their new legal status was still rather tangential in the eyes of conformist officials.
Other clans such as the O'Mores of County Laois
and the MacMahons of County Monaghan
did not take part in the new system.
The O'Donovan
s of County Cork
declined under the Tudors, but later reconsidered and surrendered their territory to James I in 1608, receiving a regrant in 1615, but no English title. Their powerful overlords in the Barony of Carbery
, the wealthy MacCarthy Reagh
s, who surrendered in 1606, also never received any titles under this system. The prominent MacCarthys of Muskerry, a separate dynasty, were later created the Viscounts Muskerry in 1628 and Earls of Clancarty in 1658.
Because of the number of new lords in the Irish House of Lords
and the demise of the former Ireland King of Arms
, the office of the Ulster King of Arms
was founded in 1552, based at Dublin Castle
. Consequently a large number of ancient Irish family trees
were recorded and stored at the castle and later at Trinity College Dublin. Almost all Irish surname
coats of arms were granted in or after 1552, and are supervised now by the Chief Herald of Ireland.
elective kingship method in Gaelic law clashed with surrender and regrant, as male relations as distantly related as great-grandsons of a former chief or king were eligible to be elected to succeed as chief. Often this meant that several dozen men were eligible to be elected clan chief. This inevitably led to problems, as under the new policy it was only possible for these individuals to become tenants of their chiefly cousin who had adopted surrender and regrant. Often the latter had an elected tánaiste
, or deputy chief, who was pushed aside as the next chief by the son of the chief, under the system of primogeniture
. This caused internal feuding, which was often exploited by English officials based in Dublin, seeking to limit a clan's power or to take some or all of its lands.
This was a major cause of the ultimate failure of the policy of Surrender and Regrant in Ireland. These tensions within clans, and also the new religious division between Catholics and Protestants from 1570, intrusion by royal officials and the lack of royal protection from continuing raids by other clans that had not accepted the new system, all made the policy frequently unworkable. Given the wars of 1595-1603, 1641–53 and 1689–91, few of the surviving clans emerged with their lands intact by 1700.
Surrender and regrant, despite its initial success, ultimately failed in the long term because of religious differences; it had been a serious attempt to stabilize English rule by minimizing the cultural differences that had existed long before the 16th century.
Policy
Surrender and Regrant was led by King Henry VIIIHenry 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...
(ruled 1509-47) in a bid to extend and secure his control over the island of Ireland. This policy started in the years between the Geraldine rebellion
Thomas FitzGerald, 10th Earl of Kildare
Thomas FitzGerald, 10th Earl of Kildare , also known as Silken Thomas , was a figure in Irish history.He spent a considerable part of his early life in England: his mother Elizabeth Zouche, was a cousin of Henry VII...
(1534–39) and his subsequent creation of 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...
in 1541-42. Henry's problem was that many of the Irish clans remained autonomous and outside the control of his administration in Dublin.
Gaelic chiefs and some autonomous Norman-Irish
Old English (Ireland)
The Old English were the descendants of the settlers who came to Ireland from Wales, Normandy, and England after the Norman invasion of Ireland in 1169–71. Many of the Old English became assimilated into Irish society over the centuries...
lords were actively encouraged to surrender their lands to the king, and then have them regranted (returned) as freeholds paying a "Chief Rent
Chief Rent
Chief Rent also known as a rentcharge is an annual sum payable on some freehold property common in North West England, but found throughout the UK....
" under a royal charter
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
if they swore loyalty to him. Those who surrendered were also expected to speak English, wear English-style dress, remain loyal to the Crown, pay a rent and follow English laws and customs, abjure the Roman Catholic Church, and convert to Henry's new Anglican Church.
In return they would be protected from attack and could organise local courts and enter the Irish parliament.
The initiative of "surrender and regrant" was launched in the 1540s under the new English Governor of Ireland, Anthony St. Leger
Anthony St Leger (Lord Deputy of Ireland)
Sir Anthony St Leger was Lord Deputy of Ireland during the Tudor period.The eldest son of Ralph St Leger, a gentleman of Kent and Elizabeth Haut. He was educated abroad and at the University of Cambridge. He quickly gained the favour of King Henry VIII, and in 1537 was appointed president of a...
. Essentially St. Leger's idea was to transform and assimilate the more autonomous leaders of Gaelic Ireland into something akin to the political and constitutional system of England, where everyone was theoretically equal at law under the monarch.
First steps
It had begun successfully in the late 1530s, according to the Rev. James MacCaffrey, writing in 1914:- "Three years later (1537) MacGillapatrick [Fitzpatrick] of Ossory promised faithfully to abolish the usurped jurisdiction of the Pope, to have the English language spoken in his territories, and to send his son to be brought up with a knowledge of the English language and customs. In return for this he received a royal grant of his land and possessions, was created Baron of Colthill and Castleton, and was promised a seat in the House of Lords, a favour which he obtained in 1543, when he was appointed a peer with the title of Baron of Upper OssoryBaron Upper OssoryThe title of Baron Upper Ossory in the Peerage of Ireland was created on 11 June 1541 for Barnaby Fitzpatrick. This was in pursuance of the Surrender and regrant policy of King Henry VIII of England. Under the policy, Gaelic chiefs were actively encouraged to surrender their lands to the king and...
. Brian O’Connor of Offaly and his rival Cahir, Baron of Ballyane made their submission in March 1538. They renounced the jurisdiction of the Pope, agreed to hold their lands from the king, and to abandon all claims to tribute or black rent from their neighbours of the Pale. Brian O’Connor was created Baron of Offaly. He was followed in his submission by the Earl of DesmondEarl of DesmondThe title of Earl of Desmond has been held historically by lords in Ireland, first as a title outside of the peerage system and later as part of the Peerage of Ireland....
(1541), MacWilliam BurkeUlick na gCeann Burke, 1st Earl of ClanricardeUlick na gCeann Burke , 12th Clanricarde and 1st Earl of Clanricarde , was the son of Richard Mór Burke the 9th Clanricarde.-Biography:Born to Richard Mór Burke by a daughter of Madden of Portumna, Ulick succeeded to the...
, O’Brien of ThomondMurrough O'Brien, 1st Earl of ThomondMurrough O'Brien, 1st Earl of Thomond was the last King of Thomond.A member of the Irish nobility, he was the son of Turlough O'Brien, King of Thomond and Raghnailt McNamara and also brother of Connor O'Brien, King of Thomond, who was inaugurated King of Thomond in 1528...
, Manus O’DonnellManus O'DonnellManus Ó Domhnaill, anglicized Manus O'Donnell , was an Irish clan leader, son of Hugh Dubh O'Donnell. He was an important member of the O'Donnell dynasty based in County Donegal.-Early life:...
(Aug. 1541) and finally by Con O’NeillConn O'Neill, 1st Earl of TyroneConn O'Neill, 1st Earl of Tyrone King of Tír Eógain, c. 1480–1559.-Biography:A son of Conn Mór, King of Tír Eógain, grandson of Henry Ó Néill, the King of Tír Eógain, was the first of the Ó Néills whom the attempts of the English in the 16th century to subjugate Ireland brought to the front as...
(1542). All these, together with a host of minor chieftains and dependents, renounced the authority of the Pope, accepted re-grants of their lands from the king, begged for English titles, and did not think it beneath their dignity to accept gifts of money and robes. Con O’Neill became Earl of Tyrone, his son Matthew Baron of Dungannon, O’Brien Earl of Thomond, his nephew DonoghDonough O'Brien, 2nd Earl of ThomondDonough O'Brien, 2nd Earl of Thomond , also known as "the fat", was the son of Connor O'Brien, King of Thomond and Annabell Burke.O'Brien married Helen Butler, daughter of Piers Butler, 8th Earl of Ormonde and Lady Margaret Fitzgerald. Donough O'Brien died on 1 April 1553, after being attacked by...
Baron of Ibricken, MacWilliam Burke Earl of Clanrickard, while knighthoods were distributed freely among the lesser nobles."
Clan chiefs who surrendered
Clans who partook in the process included the O'Neills of Tir Eoghain who were created the earls of Tyrone and as such sat in the Irish House of LordsIrish House of Lords
The Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediaeval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union.-Function:...
from 1542. In 1543 the O'Briens of Thomond were created lords Inchiquin. The Mac Aonghusa / Magennis
Magennis
Magennis is an Irish surname, derived from or the Sons of Angus, sometimes also spelt as Maginnis. The most famous branch controlled west County Down, particularly the Iveagh baronies, and occasionally Dundrum Castle to the east. The Magennis, Lords of Iveagh, are descendants of the Uí Echach Cobo...
clan in county Down
Down
Down may refer to:* Relative direction, where down is the direction towards the centre of gravity of a celestial object.* Railroad directions, where down and up have locally significant meanings...
became knights, and the O'Byrnes of Wicklow
Wicklow
Wicklow) is the county town of County Wicklow in Ireland. Located south of Dublin on the east coast of the island, it has a population of 10,070 according to the 2006 census. The town is situated to the east of the N11 route between Dublin and Wexford. Wicklow is also connected to the rail...
, the Kavanaghs of Wicklow, Cahir, Baron of Ballyane Lords of Ballyane, the O'Donnells of Donegal and the FitzPatricks of Ossory
Ossory
The Irish geographical name Ossory can refer to:* Kingdom of Osraige* Roman Catholic Diocese of Ossory* Church of Ireland diocese of the Bishop of Ossory* A prophet of the Omnian religion in Terry Pratchett's Discworld...
(lords Castletown) were others who accepted the system. The O'Donnell chief was created an earl
Rory O'Donnell, 1st Earl of Tyrconnell
Rudhraighe Ó Domhnaill, 1st Earl of Tyrconnell was the last King of Tír Chonaill . An apparent original of the Letters Patent of the Earldom are in the possession of Graf O'Donell von Tyrconnell in Austria, although that family did not inherit the title, nor the related territorial Lordship of...
briefly by James I of England
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
in 1603-07. The Clanricarde Burke took the title of earl in 1543. Theobald Burke
Theobald Burke
Tiobóid na Long Bourke, , aka Theobald Bourke, was a clan chief of the MacWilliam Burkes of County Mayo in Ireland, and was later created first Viscount Mayo...
, alias Tibbott ne Long, the heir of "Lower MacWilliam Burke" lands in County Mayo
County Mayo
County Mayo is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the village of Mayo, which is now generally known as Mayo Abbey. Mayo County Council is the local authority for the county. The population of the county is 130,552...
, and a son of Gráinne O'Malley, remained outside the system until 1593; he was knighted in 1603 and was created viscount Mayo in 1626. Gráinne herself accepted the system in 1576, in respect of her own lands, though she managed her lands with a high degree of autonomy over the next two decades. The O'Shaughnessy
O'Shaughnessy
Ó Seachnasaigh, O'Shaughnessy, collectively Uí Sheachnasaigh, clan name Cinél nAedha na hEchtghe, is a family surname of Irish origin.The name is found primarily in County Galway and County Limerick...
s of Gort and the O'Driscolls of Corcu Loígde
Corcu Loígde
The Corcu Loígde , meaning Gens of the Calf Goddess, also called the Síl Lugdach meic Itha, were a kingdom centered in West County Cork who descended from the proto-historical rulers of Munster, the Dáirine, of whom they were the principal royal sept...
also became knights.
Many of the regranted clan chiefs remained Roman Catholic after the death of Queen Mary
Mary I of England
Mary I was queen regnant of England and Ireland from July 1553 until her death.She was the only surviving child born of the ill-fated marriage of Henry VIII and his first wife Catherine of Aragon. Her younger half-brother, Edward VI, succeeded Henry in 1547...
in 1558, which, after the final split between England and Rome
Regnans in Excelsis
Regnans in Excelsis was a papal bull issued on 25 February 1570 by Pope Pius V 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.The bull, written in...
in 1570, meant that their new legal status was still rather tangential in the eyes of conformist officials.
Other clans such as the O'Mores of County Laois
County Laois
County Laois is a county in Ireland. It is part of the Midlands Region and is also located in the province of Leinster. It was formerly known as Queen's County until the establishment of the Irish Free State in 1922. The county's name was formerly spelt as Laoighis and Leix. Laois County Council...
and the MacMahons of County Monaghan
County Monaghan
County Monaghan is a county in Ireland. It is part of the Border Region and is also located in the province of Ulster. It is named after the town of Monaghan. Monaghan County Council is the local authority for the county...
did not take part in the new system.
The O'Donovan
O'Donovan
O'Donovan or Donovan is an Irish surname, as well as a hereditary Gaelic title. It is also written Dhonnabháin in certain grammatical contexts, and Donndubháin, being originally composed of the elements donn, meaning lord or dark brown, dubh, meaning dark or black, and the diminutive suffix án...
s of County Cork
County Cork
County Cork is a county in Ireland. It is located in the South-West Region and is also part of the province of Munster. It is named after the city of Cork . Cork County Council is the local authority for the county...
declined under the Tudors, but later reconsidered and surrendered their territory to James I in 1608, receiving a regrant in 1615, but no English title. Their powerful overlords in the Barony of Carbery
Barony of Carbery
Carbery, or the Barony of Carbery, was once the largest barony in Ireland, and essentially a small, semi-independent kingdom on the southwestern coast of Munster, in what is now County Cork, from its founding in the 1230s by Donal Gott MacCarthy to its gradual decline in the late 16th and early...
, the wealthy MacCarthy Reagh
MacCarthy Reagh
The MacCarthy Reagh dynasty are a branch of the great MacCarthy dynasty, Kings of Desmond, deriving from the ancient Eóganachta, of the central Eóganacht Chaisil sept. The MacCarthys Reagh seated themselves as Princes of Carbery in what is now southwestern County Cork in the 13th century...
s, who surrendered in 1606, also never received any titles under this system. The prominent MacCarthys of Muskerry, a separate dynasty, were later created the Viscounts Muskerry in 1628 and Earls of Clancarty in 1658.
Because of the number of new lords in the Irish House of Lords
Irish House of Lords
The Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediaeval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union.-Function:...
and the demise of the former Ireland King of Arms
Ireland King of Arms
Ireland King of Arms was the title of an officer of arms to the King of England and Lord of Ireland from 1392 until the accession of Henry VII as King of England in 1485. A king of arms is the highest of the three levels of officers of arms, and usually enjoys heraldic jurisdiction over a...
, the office of the Ulster King of Arms
Norroy and Ulster King of Arms
Norroy and Ulster King of Arms is one of the senior Officers of Arms of the College of Arms, and the junior of the two provincial Kings of Arms. The current office is the combination of two former appointments...
was founded in 1552, based at Dublin Castle
Dublin Castle
Dublin Castle off Dame Street, Dublin, Ireland, was until 1922 the fortified seat of British rule in Ireland, and is now a major Irish government complex. Most of it dates from the 18th century, though a castle has stood on the site since the days of King John, the first Lord of Ireland...
. Consequently a large number of ancient Irish family trees
Genealogy
Genealogy is the study of families and the tracing of their lineages and history. Genealogists use oral traditions, historical records, genetic analysis, and other records to obtain information about a family and to demonstrate kinship and pedigrees of its members...
were recorded and stored at the castle and later at Trinity College Dublin. Almost all Irish surname
Irish name
A formal Irish-language name consists of a given name and a surname. Surnames in Irish are generally patronymic in etymology, although they are no longer literal patronyms, as Icelandic names are...
coats of arms were granted in or after 1552, and are supervised now by the Chief Herald of Ireland.
Conflict with Gaelic law
The Gaelic derbfineDerbfine
The derbfine was an Irish agnatic kinship group and power structure as defined in the law tracts of the eighth century. Its principal purpose was as an institution of property inheritance, with property redistributed on the death of a member to those remaining members of the derbfine...
elective kingship method in Gaelic law clashed with surrender and regrant, as male relations as distantly related as great-grandsons of a former chief or king were eligible to be elected to succeed as chief. Often this meant that several dozen men were eligible to be elected clan chief. This inevitably led to problems, as under the new policy it was only possible for these individuals to become tenants of their chiefly cousin who had adopted surrender and regrant. Often the latter had an elected tánaiste
Tanistry
Tanistry was a Gaelic system for passing on titles and lands. In this system the Tanist was the office of heir-apparent, or second-in-command, among the Gaelic patrilineal dynasties of Ireland, Scotland and Man, to succeed to the chieftainship or to the kingship.-Origins:The Tanist was chosen from...
, or deputy chief, who was pushed aside as the next chief by the son of the chief, under the system of primogeniture
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
. This caused internal feuding, which was often exploited by English officials based in Dublin, seeking to limit a clan's power or to take some or all of its lands.
This was a major cause of the ultimate failure of the policy of Surrender and Regrant in Ireland. These tensions within clans, and also the new religious division between Catholics and Protestants from 1570, intrusion by royal officials and the lack of royal protection from continuing raids by other clans that had not accepted the new system, all made the policy frequently unworkable. Given the wars of 1595-1603, 1641–53 and 1689–91, few of the surviving clans emerged with their lands intact by 1700.
Surrender and regrant, despite its initial success, ultimately failed in the long term because of religious differences; it had been a serious attempt to stabilize English rule by minimizing the cultural differences that had existed long before the 16th century.