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The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the
Parliament of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdo ...
and the
Parliament of Ireland The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two chamb ...
which united the
Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of ...
and the
Kingdom of Ireland The Kingdom of Ireland ( ga, label=Classical Irish, an Ríoghacht Éireann; ga, label=Modern Irish, an Ríocht Éireann, ) was a monarchy on the island of Ireland that was a client state of England and then of Great Britain. It existed from ...
(previously in
personal union A personal union is the combination of two or more states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, would involve the constituent states being to some extent interlink ...
) to create the
United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great B ...
. The acts
came into force In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this t ...
on 1 January 1801, and the merged
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
had its first meeting on 22 January 1801. Both acts remain in force, with amendments and some Articles repealed, in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, but have been repealed in their entirety in
the Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
to whatever extent they might have been law in the new nation at all.


Name

Two acts were passed in 1800 with the same
long title In certain jurisdictions, including the United Kingdom and other 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 ...
: ''An Act for the Union of Great Britain and Ireland''. The
short title In certain jurisdictions, including the United Kingdom and other 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. Th ...
of the act of the British Parliament is ''Union with Ireland Act 1800'', assigned by the
Short Titles Act 1896 The Short Titles Act 1896 (59 & 60 Vict c 14) is an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom. It replaces the Short Titles Act 1892. This Act was retained for the Republic of Ireland by section 2(2)(a ...
. The short title of the act of the Irish Parliament is ''Act of Union (Ireland) 1800'', assigned by a 1951 act of the
Parliament of Northern Ireland The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended because of its inability to restore ord ...
, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.


Background

Before these Acts, Ireland had been in
personal union A personal union is the combination of two or more states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, would involve the constituent states being to some extent interlink ...
with England since 1541, when the Irish Parliament had passed the
Crown of Ireland Act 1542 The Crown of Ireland Act 1542 is an Act passed by the Parliament of Ireland (33 Hen. 8 c. 1) on 18 June 1542, which created the title of King of Ireland for King Henry VIII of England and his successors, who previously ruled the island as L ...
, proclaiming King
Henry VIII of England Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
to be
King of Ireland King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
. Since the 12th century, the King of England had been technical overlord of the
Lordship of Ireland The Lordship of Ireland ( ga, Tiarnas na hÉireann), sometimes referred to retroactively as Norman Ireland, was the part of Ireland ruled by the King of England (styled as "Lord of Ireland") and controlled by loyal Anglo-Norman lords between ...
, a papal possession. Both the Kingdoms of Ireland and England later came into personal union with that of
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
upon the
Union of the Crowns The Union of the Crowns ( gd, Aonadh nan Crùintean; sco, Union o the Crouns) was the accession of James VI of Scotland to the throne of the Kingdom of England as James I and the practical unification of some functions (such as overseas dip ...
in 1603. In 1707, the
Kingdom of England The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain. On 1 ...
and the
Kingdom of Scotland The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a la ...
were united into a single kingdom: the
Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of ...
. Upon that union, each House of the
Parliament of Ireland The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two chamb ...
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 Irish Parliament was both before then subject to a certain restrictions that made it subordinate to the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
and after then, to the
Parliament of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdo ...
; however, Ireland gained effective legislative independence from Great Britain through the
Constitution of 1782 The Constitution of 1782 was a group of Acts passed by the Parliament of Ireland and the Parliament of Great Britain in 1782–83 which increased the legislative and judicial independence of the Kingdom of Ireland by reducing the ability of ...
. By this time access to institutional power in Ireland was restricted to a small minority: the
Anglo-Irish Anglo-Irish people () denotes an ethnic, social and religious grouping who are mostly the descendants and successors of the English Protestant Ascendancy in Ireland. They mostly belong to the Anglican Church of Ireland, which was the establis ...
of the
Protestant Ascendancy The ''Protestant Ascendancy'', known simply as the ''Ascendancy'', was the political, economic, and social domination of Ireland between the 17th century and the early 20th century by a minority of landowners, Protestant clergy, and members of th ...
. Frustration at the lack of reform among the Catholic majority eventually led, along with other reasons, to a rebellion in 1798, involving a French invasion of Ireland and the seeking of complete independence from Great Britain. This rebellion was crushed with much bloodshed, and the motion for union was motivated at least in part by the belief that the rebellion was exacerbated as much by brutally reactionary loyalists as by United Irishmen (anti-unionists). Furthermore,
Catholic emancipation Catholic emancipation or Catholic relief was a process in the kingdoms of Great Britain and Ireland, and later the combined United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restricti ...
was being discussed in Great Britain, and fears that a newly enfranchised Catholic majority would drastically change the character of the Irish government and parliament also contributed to a desire from London to merge the Parliaments. According to historian James Stafford, an Enlightenement critique of Empire in Ireland laid the intellectual foundations for the Acts of Union. He writes that Enlightenment thinkers connected "the exclusion of the Irish Kingdom from free participation in imperial and European trade with the exclusion of its Catholic subjects, under the terms of the ‘Penal Laws’, from the benefits of property and political representation." These critiques were used to justify a parliamentary union between Britain and Ireland.


Passage

Complementary acts had to be passed in the Parliament of Great Britain and in the Parliament of Ireland. The Parliament of Ireland had recently gained a large measure of legislative independence under the
Constitution of 1782 The Constitution of 1782 was a group of Acts passed by the Parliament of Ireland and the Parliament of Great Britain in 1782–83 which increased the legislative and judicial independence of the Kingdom of Ireland by reducing the ability of ...
. Many members of the Irish Parliament jealously guarded that autonomy (notably
Henry Grattan Henry Grattan (3 July 1746 – 4 June 1820) was an Irish politician and lawyer who campaigned for legislative freedom for the Irish Parliament in the late 18th century from Britain. He was a Member of the Irish Parliament (MP) from 1775 to 18 ...
), and a motion for union was legally rejected in 1799. Only
Anglicans Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the l ...
were permitted to become members of the Parliament of Ireland though the great majority of the Irish population were
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
, with many
Presbyterians Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their nam ...
in
Ulster Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label= Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United King ...
. In 1793 Roman Catholics regained the right to vote if they owned or rented property worth £2 annually. Wealthy Catholics were strongly in favour of union in the hope for rapid religious emancipation and the right to sit as MPs, which came to pass only well after the religiously divisive
Napoleonic Wars The Napoleonic Wars (1803–1815) were a series of major global conflicts pitting the French Empire and its allies, led by Napoleon I, against a fluctuating array of European states formed into various coalitions. It produced a period of Fren ...
, namely under the
Roman Catholic Relief Act 1829 The Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, was passed by the Parliament of the United Kingdom in 1829. It was the culmination of the process of Catholic emancipation throughout the United Kingdom of Great Br ...
. From the perspective of Great Britain's elites, the union was desirable because of the uncertainty that followed the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...
of 1789 and the
Irish Rebellion of 1798 The Irish Rebellion of 1798 ( ga, Éirí Amach 1798; Ulster-Scots: ''The Hurries'') was a major uprising against British rule in Ireland. The main organising force was the Society of United Irishmen, a republican revolutionary group influence ...
. If Ireland adopted Catholic emancipation willingly or not, a Roman Catholic Parliament could break away from Britain and ally with the French, but the same measure within the United Kingdom would exclude that possibility. Also, in creating a regency during King
George III George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...
's "madness", the Irish and British Parliaments gave the Prince Regent different powers. These considerations led Great Britain to decide to attempt the merger of both kingdoms and Parliaments. The final passage of the Act in the Irish Commons turned on an about 16% relative majority, garnering 58% of the votes, and similar in the Irish Lords, in part per contemporary accounts through bribery with the awarding of
peerage A peerage is a legal system historically comprising various hereditary titles (and sometimes non-hereditary titles) in a number of countries, and composed of assorted noble ranks. Peerages include: Australia * Australian peers Belgium * Belgi ...
s and
honour Honour (British English) or honor (American English; American and British English spelling differences#-our, -or, see spelling differences) is the idea of a bond between an individual and a society as a quality of a person that is both of socia ...
s to critics to get votes.Alan J. Ward, ''The Irish Constitutional Tradition'' p.28. The first attempt had been defeated in the
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. The membership of the House of Commons was directly elected, but on a highly restrictive fra ...
by 109 votes to 104, but the second vote in 1800 passed by 158 to 115.


Provisions

The Acts of Union were two complementary Acts, namely: * The Union with Ireland Act 1800 (39 & 40 Geo. 3 c. 67), an Act of the
Parliament of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdo ...
, and * The Act of Union (Ireland) 1800 (40 Geo. 3 c. 38), an Act of the
Parliament of Ireland The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two chamb ...
. They were passed on 2 July 1800 and 1 August 1800 respectively, and came into force on 1 January 1801. They 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. It created a united parliament. ** In the House of Lords, the existing members of the Parliament of Great Britain were joined by, as
Lords Spiritual The Lords Spiritual are the bishops of the Church of England who serve in the House of Lords of the United Kingdom. 26 out of the 42 diocesan bishops and archbishops of the Church of England serve as Lords Spiritual (not counting retired archbi ...
, four bishops of the
Church of Ireland The Church of Ireland ( ga, Eaglais na hÉireann, ; sco, label= Ulster-Scots, Kirk o Airlann, ) is a Christian church in Ireland and an autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the second ...
, rotating among the dioceses in each session and as
Lords Temporal The Lords Temporal are secular members of the House of Lords, the upper house of the British Parliament. These can be either life peers or hereditary peers, although the hereditary right to sit in the House of Lords was abolished for all but n ...
28
representative peers In the United Kingdom, representative peers were those peers elected by the members of the Peerage of Scotland and the Peerage of Ireland to sit in the British House of Lords. Until 1999, all members of the Peerage of England held the right to ...
elected for life by the
Peerage of Ireland The Peerage of Ireland consists of those titles of nobility created by the English monarchs in their capacity as Lord or King of Ireland, or later by monarchs of the United Kingdom of Great Britain and Ireland. It is one of the five divisi ...
. ** The House of Commons was to include the pre-union representation from Great Britain and 100 members from Ireland. :: * Article V united the established
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
and Church of Ireland into "one Protestant Episcopal Church, to be called, The United Church of England and Ireland"; but also confirmed the independence of the
Church of Scotland The Church of Scotland ( sco, The Kirk o Scotland; gd, Eaglais na h-Alba) is the national church in Scotland. The Church of Scotland was principally shaped by John Knox, in the Scottish Reformation, Reformation of 1560, when it split from t ...
. * Article VI created a
customs union A customs union is generally defined as a type of trade bloc which is composed of a free trade area with a common external tariff.GATTArticle 24 s. 8 (a) Customs unions are established through trade pacts where the participant countries set up ...
, 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). The High Court of Northern Ireland ruled that parts of this Article as it applied to the UK were " impliedly repealed" by the passage of the European Union (Withdrawal) Act 2020. * 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 or Catholic relief was a process in the kingdoms of Great Britain and Ireland, and later the combined United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restricti ...
, allowing
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
MPs, who had not been allowed in the Irish Parliament. This was however blocked by
King George III George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...
who argued that emancipating Roman Catholics would breach his
Coronation Oath An oath of office is an oath or affirmation a person takes before assuming the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Such ...
, and was not realised until 1829. The traditionally separate
Irish Army The Irish Army, known simply as the Army ( ga, an tArm), is the land component of the Defence Forces of Ireland.The Defence Forces are made up of the Permanent Defence Forces – the standing branches – and the Reserve Defence Forces. The Ar ...
, which had been funded by the Irish Parliament, was merged into the larger
British Army The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...
.


The first parliament

In the first Parliament of the United Kingdom of Great Britain and Ireland, the members of the House of Commons were not elected afresh. By royal proclamation authorised by the Act, all the members of the last House of Commons from Great Britain took seats in the new House, and from Ireland 100 members were chosen from the last Irish House of Commons: two members from each of the 32 counties and from the two largest boroughs, and one from each of the next 31 boroughs (chosen by lot) and from
Dublin University The University of Dublin ( ga, Ollscoil Átha Cliath), corporately designated the Chancellor, Doctors and Masters of the University of Dublin, is a university located in Dublin, Ireland. It is the degree-awarding body for Trinity College Dubl ...
. The other 84 Irish parliamentary boroughs were disfranchised; all were
pocket borough A rotten or pocket borough, also known as a nomination borough or proprietorial borough, was a parliamentary borough or constituency in England, Great Britain, or the United Kingdom before the Reform Act 1832, which had a very small electorat ...
s, whose patrons received £15,000 compensation for the loss of what was considered their property.


Flags

The Union 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 The national flag of the United Kingdom is the Union Jack, also known as the Union Flag. The design of the Union Jack dates back to the Act of Union 1801 which united the Kingdom of Great Britain and the Kingdom of Ireland (previously in pe ...
. Called the
Union Flag The Union Jack, or Union Flag, is the ''de facto'' national flag of the United Kingdom. Although no law has been passed making the Union Flag the official national flag of the United Kingdom, it has effectively become such through precedent. ...
, it combined the flags of
St George's Cross In heraldry, Saint George's Cross, the Cross of Saint George, is a red cross on a white background, which from the Late Middle Ages became associated with Saint George, the military saint, often depicted as a crusader. Associated with the cru ...
(which was deemed to include
Wales Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
) and the St Andrew's Saltire of Scotland with the
St Patrick's Saltire Saint Patrick's Saltire or Saint Patrick's Cross is a red saltire (X-shaped cross) on a white field. In heraldic language, it may be blazoned "''argent, a saltire gules''". The Saint Patrick's Flag (''Bratach Naomh Pádraig'') is a flag comp ...
to represent Ireland (it now represents Northern Ireland). At the same time, the moribund
English claims to the French throne From the 1340s to the 19th century, excluding two brief intervals in the 1360s and the 1420s, the kings and queens of England and Ireland (and, later, of Great Britain) also claimed the throne of France. The claim dates from Edward III, who cla ...
were given up, so the
fleur-de-lis The fleur-de-lis, also spelled fleur-de-lys (plural ''fleurs-de-lis'' or ''fleurs-de-lys''), is a lily (in French, and mean 'flower' and 'lily' respectively) that is used as a decorative design or symbol. The fleur-de-lis has been used in the ...
were removed from the
Royal Standard of the United Kingdom The Royal Standards of the United Kingdom refers to either one of two similar flags used by Monarchy of the United Kingdom, King Charles III in his capacity as Sovereign of the United Kingdom, the Crown dependencies, and the British Overseas Te ...
.


References


Sources

;Primary:
Acts of Union – complete original text
* * * ;Secondary: * 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. , p7


Further reading

* Kelly, James. "The origins of the act of union: an examination of unionist opinion in Britain and Ireland, 1650-1800." ''Irish Historical Studies'' 25.99 (1987): 236–263. * Keogh, Dáire, and Kevin Whelan, eds. ''Acts of Union: The causes, contexts, and consequences of the Act of Union'' (Four Courts Press 2001). * McDowell, R. B. ''Ireland in the Age of Imperialism and Revolution, 1760-1801'' (1991) pp 678–704.


External links


Act of Union Virtual Library
from
Queen's University Belfast , mottoeng = For so much, what shall we give back? , top_free_label = , top_free = , top_free_label1 = , top_free1 = , top_free_label2 = , top_free2 = , established = , closed = , type = Public research university , parent = ...

Ireland - History - The Union,1800/Ireland - Politics and government - 19th century
index of documents digitised by Enhanced British Parliamentary Papers On Ireland
Digital Reproduction of the Original Act (39&40 Geo. 3 c. 67) on the Parliamentary Archives catalogue


Footnotes

{{DEFAULTSORT:Act Of Union (1800) Constitutional laws of the United Kingdom 1800 in law 1800 in Ireland Unionism in the United Kingdom Irish laws British constitutional laws concerning Ireland Great Britain Acts of Parliament 1800 Acts of the Parliament of Ireland (pre-1801) Repealed Irish legislation Unionism in Ireland Law about religion in the United Kingdom National unifications Ireland and the Commonwealth of Nations United Kingdom and the Commonwealth of Nations