Misplaced Pages

Laudabiliter: Difference between revisions

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
Browse history interactively← Previous editNext edit →Content deleted Content addedVisualWikitext
Revision as of 00:49, 22 June 2007 editThijs!bot (talk | contribs)470,128 editsm robot Adding: nl:Laudabiliter← Previous edit Revision as of 14:39, 27 November 2007 edit undoRannpháirtí anaithnid (old) (talk | contribs)6,688 edits fix linkNext edit →
(20 intermediate revisions by 5 users not shown)
Line 1: Line 1:
{{Template:UKFormation}}
In 1155, ] issued a papal bull '''''Laudabiliter''''' giving the ] King ] lordship over ]. Though it was mentioned by ], who was sent to Rome as an envoy to request it<ref>''ad preces mea'' writes John in ''Metalogicus'', noted by Kate Norgate, "The Bull Laudabiliter"''The English Historical Review'' '''8'''.29 (January 1893, pp. 18-52) p. 29.</ref> and by ]<ref>''Expugnatio Hibernica'' (1188), also noted by Norgate 1898:18.</ref> the authenticity of its text became the subject of academic dispute in the nineteenth century;<ref>With the publication in 1849 of an ''Apologia pro Hibernia adversus Cambri calumnias'' written about 1615 by an otherwise unknown Jesuit, Steven White. John Lynch, writing as "Gratianus Lucius", followed up the argument with ''Cambrensis Eversus''. The nineteenth-century scholars who followed these leads were refuted in detail by Norgate.</ref> As with many Church documents whose authenticity has never been questioned, the original document is no longer in existence:<ref>Compare '']''.</ref> when Cardinal ] published it as ''ex codice Vaticano'' the codex in question was a transcription of the chronicle of ].<ref>], ''Vetera Monumenta Hibernorum Historiae'', noted in Norgate 1898:20.</ref> only later copies exist. Ernest Henderson noted in 1896 that "in form and wording it differs from other papal bulls of the time"
'''''Laudabiliter''''' was a ] issued in ] by ] giving the ] ] of ] lordship over ]. The bull granted Henry, who requested it, the right to invade Ireland in order to reform the Church practices in Ireland, which up until that point, while being ] had been outside the bounds of the ]. The title of the bull, ''Laudabiliter'', means literally "it is praiseworthy" referring to Henry's intention "to extend the borders of the Church, to teach the truths of the Christian faith to a rude and unlettered people, and to root out the weeds of vice from the field of the Lord; ..." It is often remarked that Adrian was the only Englishman to be Pope.


The actual wording which gave authority to Henry to take possession of Ireland is as follows:
The wording of the copy of the bull that has survived by implication reinforces a papal claim to England equally with Ireland, as an island: "There is indeed no doubt, as thy Highness doth also acknowledge, that Ireland and all other islands which Christ the Sun of Righteousness has illumined, and which have received the doctrines of the Christian faith, belong to the jurisdiction of St. Peter and of the holy Roman Church."


{{cquote|You have signified to us, our well-beloved son in Christ, that you propose to enter the island of Ireland in order to subdue the people and make them obedient to laws, and to root out from among them the weeds of sin; and that you are willing to yield and pay yearly from every house the pension of one penny to St Peter, and to keep and preserve the rights of the churches in that land whole and inviolate.
Henry invaded Ireland in ], using the papal bull to claim sovereignty over the island, and forced the ] warlords and some of the ] ] to accept him as their overlord.


We, therefore, regarding your pious and laudable design with due favour, and graciously assenting to your petition, do hereby declare our will and pleasure, that, for the purpose of enlarging the borders of the Church, setting bounds to the progress of wickedness, reforming evil manners, planting virtue, and increasing the Christian religion, you do enter and take possession of that island, and execute therein whatsoever shall be for God's honour and the welfare of the same.
Adrian's successor, ] ratified the grant of Irish lands to Henry in ], and Irish bishops at the ], 2 February 1172, accepted the bull.

And, further, we do also strictly charge and require that the people of that land shall accept you with all honour, and dutifully obey you, as their liege lord, saving only the rights of the churches, which we will have inviolably preserved; ...}}

On merit of the bull, a ] took place in 1167 with the main body arriving in 1169. This invasion, as it happened, was at the request of an Irish provincial king, ], the ], and led by ] (''Strongbow''), a ] ] assisted by ] and ] forces. Henry followed in ], fearing the Cambro-Norman warlords would sieze control in his absence and, using the papal bull, claimed sovereignty over the island. A ] followed in 1175, with the Irish ], ], keeping lands outside of ], which had passed through Strongbow to the Henry on the ubexpected death of both Diarmait and Strongbow, ], the ] for the invasion, and ], the mediaeval ] of Ireland, and lordship over all Gaelic Irish. However, anarchy quickly followed and, with Ruaidrí losing authority in 1186, the title of High King of Ireland quickly became ineffective. Wanting to avoid anarchy, Henry awarded all of Ireland to his younger son ] with the title ''Dominus Hiberniae'' ('']'') in ]. When John unexpectedly succeeded his brother as ], the ] fell directly under the English Crown, the title of Lord of Ireland and King of England fell into ].

Henry's invasion was met with jubilation in ], and ] declared that when he heard that Henry, "instigated by divine inspiration," had successfully brought the Irish people within the borders of the Roman Church that he had "returned thanks to who had conferred so great a victory." Alexander's legate, Vivianus, at the synod of Dublin in 1172 "made a public declaration of the right of the king of England to Ireland" and threatened excommunication against all "who presumed to forfeit their allegiance." However within a century-and-a-half, English misrule in Ireland became so apparent that ''Laudabiliter'' was to be invoked again in the aid of Irish liberation. At the turn of the 14th century, the Irish, in alliance with the Scottish (and the Welsh), who were also fighting the English, invited ] to take the Irish throne in "a grand Gaelic alliance against England". ] writing to ] in 1311 reminded him of the responsibility that ''Laudabiliter'' put upon England to execute government in Ireland for the welfare of the Irish. He warned Edward II that:

{{cquote|... the kings of England ... have in direct violation of , for a long period past kept down that people in a state of intolerable bondage, accompanied with unheard-of hardships and grievances. Nor was there found during all that time, any person to redress the grievances they endured or be moved with a pitiful compassion for their distress; although recourse was had to you ... and the loud cry of the oppressed fell, at times at least, upon your own ear. In consequence whereof, unable to support such a state of things any longer, they have been compelled to withdraw themselves from your jurisdiction and to invite another to come and be ruler over them ...}}

The Bruce invasion failed and Ireland remained under English control under the authority granted by ''Laudabiliter'' until 1542, when ]'s split from the Catholic Church put England's authority in Ireland, based on ''Laudabiliter'', in legal jeopardy. In answer to this, Henry passed the ], which declared that the proper title of ''Lord of Ireland'' should really be that of '']'', owing to the authority it commanded in Ireland being as great as that of a ]:

{{cquote|Forasmuch as the ... Kings of England, have bin Lords of this land of Ireland, having all manner kingly jurisdiction, power, pre-eminences, and authoritie royall, belonging or appertayning to the royall estate and majestie of a King, by the name of ''Lords of Ireland'', where the King's majestie and his most noble progenitors justly and rightfully were, and of right ought to be, ''Kings of Ireland'' according to their said true and just title, stile, and name therein, ...}}

Although this declaration was not recognised by the Papacy or the Catholic countries of Europe, history would have it that Henry's Catholic daughter, ], would become ] in 1553, thus becoming ] in Irish law. In response to these developments, at Mary's request, ] issued a ] in 1555 declaring Mary and her ], ], to be the joint monarchs of Ireland.<ref></ref> When Philip made no claim to the Crown of Ireland on Mary's death in 1558, the 1555 bull had the effect of establishing the principle that the Crown of Ireland was in personal union with the Crown of England in both Irish and Papal law. Thus ''Laudabiliter'' was no longer necessary to justify English involvement in Ireland.

===Authenticity===

The bull is mentioned by ], who was sent to Rome as an envoy to request it<ref>''ad preces mea'' writes John in ''Metalogicus'', noted by Kate Norgate, "The Bull Laudabiliter", ''The English Historical Review'' '''8'''.29 (January 1893, pp. 18-52) p. 29.</ref> and by ]<ref>''Expugnatio Hibernica'' (1188), also noted by Norgate 1898:18.</ref>, a Cambro-Norman chronicler, and the authenticity of its text became the subject of academic dispute in the nineteenth century.<ref> with the publication in 1849 of an ''Apologia pro Hibernia adversus Cambri calumnias'' written about 1615 by an otherwise unknown ], Steven White. John Lynch, writing as "Gratianus Lucius", followed up the argument with ''Cambrensis Eversus''. The nineteenth-century scholars who followed these leads were refuted in detail by Norgate.</ref> As with many Church documents whose authenticity has never been questioned, the original document is no longer in existence.<ref>Compare '']''.</ref> When ] published it as ''ex codice Vaticano'' the codex in question was a transcription of the chronicle of ],<ref>], ''Vetera Monumenta Hibernorum Historiae'', noted in Norgate 1898:20.</ref> an ], and it is noted that "in form and wording it differs from other papal bulls of the time."<ref>Henderson, 1896</ref>

The authenticity was never questioned at the time. Adrian's successor, ], reconfirmed the grant of Ireland to Henry in ], and Irish bishops at the ], in the same year, accepted the bull. In 1317 Gaelic kings were driven to remonstrant to the Pope that ''Laudabiliter'' be revoked following decades of English misrule, indicating that they and their dynasties considered it valid.


Henry awarded his Irish territories to his younger son John with the title ''Dominus Hiberniae'' ("]"). When John unexpectedly succeeded his brother as ], the "]" fell directly under the English Crown.
==Notes== ==Notes==
<!--This article uses the Cite.php citation mechanism. If you would like more information on how to add references to this article, please see http://meta.wikimedia.org/Cite/Cite.php --> <!--This article uses the Cite.php citation mechanism. If you would like more information on how to add references to this article, please see http://meta.wikimedia.org/Cite/Cite.php -->
Line 15: Line 35:


==References== ==References==
*''Selected Documents in Irish History'', edited by Josef Lewis Altholz, M.E. Sharpe, Inc. 2000 * ''Selected Documents in Irish History'', edited by Josef Lewis Altholz, M.E. Sharpe, Inc. 2000
*: text of ''Laudabiliter'' asa reprinted in Ernest F. Henderson, ''Select Historical Documents of the Middle Ages'' (London : George Bell and Sons) 1896 with Henderson's note: "That a papal bull was dispatched to England about this time and concerning this matter is certain. That this was the actual bull sent is doubted by many". * : text of ''Laudabiliter'' asa reprinted in Ernest F. Henderson, ''Select Historical Documents of the Middle Ages'' (London : George Bell and Sons) 1896 with Henderson's note: "That a papal bull was dispatched to England about this time and concerning this matter is certain. That this was the actual bull sent is doubted by many".
* from Eleanor Hull, 1931, ''A History of Ireland'', Volume One, Appendix I


{{history-stub}}
{{ireland-stub}}
] ]
] ]
] ]
] ]
]
]
]

{{ireland-hist-stub}}
{{ireland-law-stub}}


] ]

Revision as of 14:39, 27 November 2007

Constitutional documents and events relevant to the status of the United Kingdom and its countries
          List per year
Treaty of Union1706
Acts of Union1707
Succession to the Crown Act 17071707
Septennial Act1716
Wales and Berwick Act1746
Constitution of Ireland (1782)1782
Acts of Union 18001800
HC (Disqualifications) Act 18011801
Reform Act 18321832
Scottish Reform Act 18321832
Irish Reform Act 18321832
Judicial Committee Act 18331833
Judicial Committee Act 18431843
Judicial Committee Act 18441844
Representation of the People Act 18671867
Reform Act (Scotland) 18681868
Reform Act (Ireland) 18681868
Irish Church Act1869
Royal Titles Act 18761876
Appellate Jurisdiction Act1876
Reform Act 18841884
Interpretation Act 18891889
Parliament Act1911
Aliens Restriction Act1914
Status of Aliens Act 19141914
Government of Ireland Act 19141914
Welsh Church Act1914
Royal Proclamation of 19171917
Representation of the People Act 19181918
Church of England Assembly (Powers) Act1919
Government of Ireland Act1920
Anglo-Irish Treaty1921
Church of Scotland Act 19211921
Irish Free State (Agreement) Act1922
Irish Free State Constitution Act1922
Ireland (Confirm. of Agreement) Act 19251925
Balfour Declaration of 19261926
Royal and Parliamentary Titles Act1927
Representation of the People Act 19281928
Eire (Confirmation of Agreement) Act 19291929
Statute of Westminster1931
HM Declaration of Abdication Act 19361936
Regency Act 19371937
Regency Act 19431943
British Nationality Act 19481948
Representation of the People Act 19481948
Ireland Act 19491949
Statute of the Council of Europe1949
Parliament Act 19491949
Regency Act 19531953
Royal Titles Act 19531953
European Convention on Human Rights1953
Interpretation Act (NI)1954
HC Disqualification Act 19571957
Life Peerages Act1958
Commonwealth Immigrants Act 19621962
Peerage Act1963
Royal Assent Act1967
Commonwealth Immigrants Act 19681968
Immigration Act1971
EC Treaty of Accession1972
NI (Temporary Provisions) Act1972
European Communities Act1972
Local Government Act1972
UK joins the European Communities1973
Local Government (Scotland) Act1973
NI border poll1973
NI Constitution Act1973
House of Commons Disqualification Act1975
Referendum Act1975
EC membership referendum1975
Interpretation Act1978
Scotland Act 19781978
Wales Act 19781978
Scottish devolution referendum1979
Welsh devolution referendum1979
British Nationality Act1981
Representation of the People Act 19831983
Representation of the People Act 19851985
Single European Act1985
Maastricht Treaty1993
Local Government (Wales) Act1994
Local Government etc. (Scotland) Act1994
Referendums (Scotland & Wales) Act1997
Scottish devolution referendum1997
Welsh devolution referendum1997
Good Friday Agreement1998
Northern Ireland Act1998
Government of Wales Act1998
Human Rights Act1998
Scotland Act1998
House of Lords Act1999
Representation of the People Act 20002000
Parties, Elections and Referendums Act2000
Constitutional Reform Act2005
Government of Wales Act 20062006
Northern Ireland Act 20092009
Lisbon Treaty2009
Constitutional Reform and Governance Act2010
Parl. Voting System and Constituencies Act2011
Welsh devolution referendum2011
Alternative Vote referendum2011
European Union Act 20112011
Fixed-term Parliaments Act2011
Scotland Act 20122012
Succession to the Crown Act 20132013
Scottish independence referendum2014
House of Lords Reform Act2014
Wales Act 20142014
HL (Expulsion and Suspension) Act2015
Recall of MPs Act2015
European Union Referendum Act2015
EU membership referendum2016
Scotland Act 20162016
Wales Act 20172017
EU (Notification of Withdrawal) Act2017
Invocation of Article 502017
European Union (Withdrawal) Act2018
EU Withdrawal Act 20192019
EU Withdrawal (No. 2) Act2019
Early Parliamentary General Election Act2019
EU (Withdrawal Agreement) Act2020
UK leaves the European Union2020
UK Internal Market Act2020
EU (Future Relationship) Act2020
Dissolution and Calling of Parliament Act2022
Elections Act2022

Laudabiliter was a papal bull issued in 1155 by Pope Adrian IV giving the Norman King Henry II of England lordship over Ireland. The bull granted Henry, who requested it, the right to invade Ireland in order to reform the Church practices in Ireland, which up until that point, while being Christian had been outside the bounds of the Catholic Church. The title of the bull, Laudabiliter, means literally "it is praiseworthy" referring to Henry's intention "to extend the borders of the Church, to teach the truths of the Christian faith to a rude and unlettered people, and to root out the weeds of vice from the field of the Lord; ..." It is often remarked that Adrian was the only Englishman to be Pope.

The actual wording which gave authority to Henry to take possession of Ireland is as follows:

You have signified to us, our well-beloved son in Christ, that you propose to enter the island of Ireland in order to subdue the people and make them obedient to laws, and to root out from among them the weeds of sin; and that you are willing to yield and pay yearly from every house the pension of one penny to St Peter, and to keep and preserve the rights of the churches in that land whole and inviolate.

We, therefore, regarding your pious and laudable design with due favour, and graciously assenting to your petition, do hereby declare our will and pleasure, that, for the purpose of enlarging the borders of the Church, setting bounds to the progress of wickedness, reforming evil manners, planting virtue, and increasing the Christian religion, you do enter and take possession of that island, and execute therein whatsoever shall be for God's honour and the welfare of the same.

And, further, we do also strictly charge and require that the people of that land shall accept you with all honour, and dutifully obey you, as their liege lord, saving only the rights of the churches, which we will have inviolably preserved; ...

On merit of the bull, a Norman invasion of Ireland took place in 1167 with the main body arriving in 1169. This invasion, as it happened, was at the request of an Irish provincial king, Diarmait Mac Murchada, the King of Leinster, and led by Richard de Clare, 2nd Earl of Pembroke (Strongbow), a Cambro-Norman knight assisted by Welsh and Flemmish forces. Henry followed in 1171, fearing the Cambro-Norman warlords would sieze control in his absence and, using the papal bull, claimed sovereignty over the island. A peace treaty followed in 1175, with the Irish High King, Ruaidrí Ua Conchobair, keeping lands outside of Leinster, which had passed through Strongbow to the Henry on the ubexpected death of both Diarmait and Strongbow, Waterford, the beachhead for the invasion, and Meath, the mediaeval seat of Ireland, and lordship over all Gaelic Irish. However, anarchy quickly followed and, with Ruaidrí losing authority in 1186, the title of High King of Ireland quickly became ineffective. Wanting to avoid anarchy, Henry awarded all of Ireland to his younger son John with the title Dominus Hiberniae (Lord of Ireland) in 1185. When John unexpectedly succeeded his brother as King of England, the Lordship of Ireland fell directly under the English Crown, the title of Lord of Ireland and King of England fell into personal union.

Henry's invasion was met with jubilation in Rome, and Pope Alexander III declared that when he heard that Henry, "instigated by divine inspiration," had successfully brought the Irish people within the borders of the Roman Church that he had "returned thanks to who had conferred so great a victory." Alexander's legate, Vivianus, at the synod of Dublin in 1172 "made a public declaration of the right of the king of England to Ireland" and threatened excommunication against all "who presumed to forfeit their allegiance." However within a century-and-a-half, English misrule in Ireland became so apparent that Laudabiliter was to be invoked again in the aid of Irish liberation. At the turn of the 14th century, the Irish, in alliance with the Scottish (and the Welsh), who were also fighting the English, invited Edward Bruce to take the Irish throne in "a grand Gaelic alliance against England". Pope John XXII writing to Edward II of England in 1311 reminded him of the responsibility that Laudabiliter put upon England to execute government in Ireland for the welfare of the Irish. He warned Edward II that:

... the kings of England ... have in direct violation of , for a long period past kept down that people in a state of intolerable bondage, accompanied with unheard-of hardships and grievances. Nor was there found during all that time, any person to redress the grievances they endured or be moved with a pitiful compassion for their distress; although recourse was had to you ... and the loud cry of the oppressed fell, at times at least, upon your own ear. In consequence whereof, unable to support such a state of things any longer, they have been compelled to withdraw themselves from your jurisdiction and to invite another to come and be ruler over them ...

The Bruce invasion failed and Ireland remained under English control under the authority granted by Laudabiliter until 1542, when Henry VIII's split from the Catholic Church put England's authority in Ireland, based on Laudabiliter, in legal jeopardy. In answer to this, Henry passed the Crown of Ireland Act, which declared that the proper title of Lord of Ireland should really be that of King of Ireland, owing to the authority it commanded in Ireland being as great as that of a king:

Forasmuch as the ... Kings of England, have bin Lords of this land of Ireland, having all manner kingly jurisdiction, power, pre-eminences, and authoritie royall, belonging or appertayning to the royall estate and majestie of a King, by the name of Lords of Ireland, where the King's majestie and his most noble progenitors justly and rightfully were, and of right ought to be, Kings of Ireland according to their said true and just title, stile, and name therein, ...

Although this declaration was not recognised by the Papacy or the Catholic countries of Europe, history would have it that Henry's Catholic daughter, Mary, would become Queen of England in 1553, thus becoming Queen of Ireland in Irish law. In response to these developments, at Mary's request, Pope Paul IV issued a papal bull in 1555 declaring Mary and her consort, King Philip II of Spain, to be the joint monarchs of Ireland. When Philip made no claim to the Crown of Ireland on Mary's death in 1558, the 1555 bull had the effect of establishing the principle that the Crown of Ireland was in personal union with the Crown of England in both Irish and Papal law. Thus Laudabiliter was no longer necessary to justify English involvement in Ireland.

Authenticity

The bull is mentioned by John of Salisbury, who was sent to Rome as an envoy to request it and by Geraldus Cambrensis, a Cambro-Norman chronicler, and the authenticity of its text became the subject of academic dispute in the nineteenth century. As with many Church documents whose authenticity has never been questioned, the original document is no longer in existence. When Cardinal Baronius published it as ex codice Vaticano the codex in question was a transcription of the chronicle of Matthew Paris, an English chronicler, and it is noted that "in form and wording it differs from other papal bulls of the time."

The authenticity was never questioned at the time. Adrian's successor, Pope Alexander III, reconfirmed the grant of Ireland to Henry in 1172, and Irish bishops at the Synod of Cashel, in the same year, accepted the bull. In 1317 Gaelic kings were driven to remonstrant to the Pope that Laudabiliter be revoked following decades of English misrule, indicating that they and their dynasties considered it valid.

Notes

  1. Documents on Ireland, Heraldica website
  2. ad preces mea writes John in Metalogicus, noted by Kate Norgate, "The Bull Laudabiliter", The English Historical Review 8.29 (January 1893, pp. 18-52) p. 29.
  3. Expugnatio Hibernica (1188), also noted by Norgate 1898:18.
  4. with the publication in 1849 of an Apologia pro Hibernia adversus Cambri calumnias written about 1615 by an otherwise unknown Jesuit, Steven White. John Lynch, writing as "Gratianus Lucius", followed up the argument with Cambrensis Eversus. The nineteenth-century scholars who followed these leads were refuted in detail by Norgate.
  5. Compare Unam sanctam.
  6. Augustin Theiner, Vetera Monumenta Hibernorum Historiae, noted in Norgate 1898:20.
  7. Henderson, 1896

References

  • Selected Documents in Irish History, edited by Josef Lewis Altholz, M.E. Sharpe, Inc. 2000
  • Lyttleton, Life of Henry II., vol. v p. 371: text of Laudabiliter asa reprinted in Ernest F. Henderson, Select Historical Documents of the Middle Ages (London : George Bell and Sons) 1896 with Henderson's note: "That a papal bull was dispatched to England about this time and concerning this matter is certain. That this was the actual bull sent is doubted by many".
  • "Pope Adrians's bull Laudabiliter and note upon it" from Eleanor Hull, 1931, A History of Ireland, Volume One, Appendix I
Stub icon

This Irish history article is a stub. You can help Misplaced Pages by expanding it.

Stub icon

This article relating to law in Ireland is a stub. You can help Misplaced Pages by expanding it.

Categories:
Laudabiliter: Difference between revisions Add topic