Declaratory Act 1719

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Act of Parliament
6 Geo. 1. c. 5
Dates
Royal assent7 April 1720
Other legislation
Repealed byRepeal of Act for Securing Dependence of Ireland Act 1782
Status: Repealed

An Act for the better securing the dependency of the Kingdom of Ireland on the Crown of Great Britain (

final court of appeal from the Irish Courts. Along with Poynings' Law, the Declaratory Act became a symbol of the subservience of the Parliament of Ireland, and its repeal was long an aim of Irish statesmen, which was finally achieved for Anglican Irish as part of the Constitution of 1782
.

Background

In 1709 the Irish

contempt of Court. The political uproar was out of all proportion to the importance of the lawsuit itself: in the words of John Pocklington
, one of the imprisoned Barons, "a flame broke forth, arousing the country's last resentment (i.e. against the judges)".

Passage

The bill had its second reading in the Commons on 4 March 1719, where it was chiefly opposed on the grounds that it appeared to have no purpose beyond increasing the power of the House of Lords. Other objections included an argument that the preamble and the enacting section of the bill were contradictory, and that Ireland had historically had an independent judiciary. It was supported by Joseph Jekyll and Philip Yorke, and carried 140 votes to 83. It was then passed on March 26.[3]

Provisions

Section I of the Act noted that the Irish House of Lords had recently "assumed to themselves a Power and Jurisdiction to examine, correct and amend" judgements of the Irish courts, which it held to be illegal. As such, it declared that the Kingdom of Ireland was subordinate to and dependent upon the British crown, and that the King, with the advice and consent of the Parliament of Great Britain, had "full power and authority to make laws and statutes of sufficient validity to bind the Kingdom and people of Ireland". Section II declared that the House of Lords of Ireland had no jurisdiction to judge, affirm or reverse any judgement, sentence or decree made in any court within the Kingdom of Ireland, and that all proceedings before the House upon any such matter were declared to be null and void to all intents and purposes whatsoever.[4]

Aftermath

The Irish House of Lords was understandably infuriated by the curtailment of its powers, and the Barons of the Exchequer, though they were soon released from custody, were subject to intense vilification. While many people thought that the Irish House of Lords had brought about the crisis by its own high-handed behaviour, the "Sixth of George I" remained a source of grievance for decades.

The Declaratory Act 1719 provided a model for the

American War of Independence prompted a more conciliatory tone towards Ireland, and the Declaratory Act 1719 was repealed in its entirety by the Repeal of Act for Securing Dependence of Ireland Act 1782.[4]

References

  1. ISBN 9780199248247
    .
  2. ISBN 9780765605429
    . Retrieved 5 December 2014.
  3. ^ First Parliament of George I: Fifth session - begins 23 November 1719, The History and Proceedings of the House of Commons: volume 6: 1714-1727 (1742), pp. 198-218. Online copy Date accessed: 20 September 2006.
  4. ^ a b The Law & Working of the Constitution: Documents 1660-1914, ed. W. C. Costin & J. Steven Watson. A&C Black, 1952. Vol. I (1660-1783), p.128-9

Further reading

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