Nobiliary Titles in the Republic

By Chevalier William F. Marmion, MA

First of all, the Constitution of the Republic forbids the grant of any title of nobility. Period. It also requires any Irish citizen who receives a title of nobility or knighthood from any foreign state to apply for permission to accept/use it. Obviously, very few citizens of the Republic would receive such foreign titles, excepting the many who have received papal knighthoods. Therefore, there is little discussion necessary with regard to anything an Irish government has done since 1922. The Republic grants no titles and few of its citizens have acquired a title from a foreign government.

While not granting any titles itself, the Republic does guarantee the protection of property in its constitution and, further, has never forbidden the usage of inherited titles by its citizens. Of course, any visiting person, such as Prince Charles, is free to use his title, so in this article we are dealing with the usage and legality of titles held by Irish citizens living in Ireland.

Property, in the sense of the Irish Constitution, includes nobiliary titles, as they are incorporeal hereditaments, that is, intangible property just as are family coats-of-arms granted by the Chief Herald of Ireland. Thus they are protected just the same as is any tangible property. The Chief Herald would be the responsible governmental officer in this whole area, though to my knowledge there has never been a court case concerning title usages since 1922. The whole area has not presented the Irish government with any legal problems.

What we quickly get down to is the matter of usages based on inheritance of what are historical titles associated with Ireland, and thus Irish in some sense. Let us try to specify what they are, which is somewhat complicated.

The invasion of Normans from England, starting in 1169, initiated the confusing overlap of English titles on top of Irish (native Gaelic) titles. The process continued until 1922. The residue of centuries continues the confusion. It is important to point out once again that no Irish government since 1922 has ever attempted to deny the validity of historic titles relating to Ireland, whether of Gaelic origin or those which emanated from the British Crown in its various personalities since 1169 (England, Great Britain, and the United Kingdom ). So, what are these titles and how may we try to classify them?

There are four categories of Irish titles operative within the Republic, accepted by courtesy and as property by the government. Three of these categories emanated from the British Crown in one of its personalities, and one is native Irish.

Category 1: Peers of England/Great Britain/UK who are also peers of Ireland

There are about 70 of these people, who hold Irish titles, but who sit in the UK House of Lords on the basis of holding a UK title. Thus, they are peers of the UK, hold UK passports, etc., much as if the Irish Free State had never happened. Some may still have homes or connections in Ireland and may regard themselves (or be regarded in England more likely) as Irish, but their governmental allegiance and nationality is British. Their family names are also British, with the exception of a few Norman-Irish names (e.g. Fitzgerald, Butler). Some examples of this category are the Marquis of Kildare (Baron of Kildare in the UK peerage), the Earl of Meath (UK title of Baron of Chatworth), the Marquis of Donegal (UK Baron of Fishbrook), the Duke of Leinster (UK title of Viscount of Leinster), and Viscount Gormanston (Baron Gormanston in the UK peerage). In the UK House of Lords these people would be addressed by their highest title even if sitting under a lower UK title.

Category 2: Peers of Ireland

There are also about 70 of these people, but they hold only an Irish Peerage and thus no longer sit in the House of Lords of the UK. With the proclamation of the UK in 1800, it was agreed that 28 Irish peers would be elected by the many more Irish peers, and sent to Westminster. It continued that way until the last representative Irish peer died in 1961 and, since 1971, Irish peers are specifically excluded from the House of Lords by law.

As with Irish peers who also hold UK peerages, this group largely received their titles since the Reformation. Given the situation since 1922 and an independent Republic, these Irish peers have largely been left in the wind by the British government. Each family has had to work out its own fundamental state of loyalties I suspect, but within this group would be those (unlike category 1) who truly regard themselves as Irish, live here and carry Irish passports. There is a sizeable number of Norman-Irish in this group, going back to the oldest extant peer, Lord Kingsale (deCourcey), who dates back to 1223; and there is one Gael in the group, Lord Inchiquin (The O'Brien). Some other title examples are the Earl of Mayo, the Earl of Ross, the Baron of Louth, the Baron of Dunboyne and the Viscount Doneraile.

Category 3: Feudal Baronies/Manorial Lordships/Miscellaneous

All of these honours also flowed from the British Crown, prior to 1500, and they are the most difficult to classify. This is because they have never been definitely listed and, indeed, exist in a bit of a desert in terms of law. However, they certainly have history on their side as most are ancient stemming from the early days of the Norman presence in Ireland.

Early on after 1169, several of the major nobles were granted palatine powers, which, simply put, meant that those fellows received the right to create barons, lords of manor, etc., beneath them, in the feudal pecking order. A few hundred at least of these were created. Some later became baronies etc. by specific letter patent starting in 1462 and thus are now, or were before extinction, in categories 1 or 2 preceding. But the vast majority were never listed in any official governmental roll and to this day the British Crown doesn't comment one way or another on their validity. They certainly existed, and were feudal. The holders are mostly those in categories 1 and 2 preceding who hold these feudal possessions as in effect junior titles of their houses. And they obviously believe that these honours pass to them by blood even though all feudal dues have been abolished since 1661.

The Manorial Society of Great Britain (a private organisation) is the representative society for these titles, and indeed the prime selling agent. These titles are exactly the ones bringing huge sums on the London market, so they are certainly perceived as legal. Indeed, the Chief Herald of Ireland has seen fit to refer to a number in confirmations of arms when sufficient proofs passed muster. Some examples of these titles would be baronies created by the then Earl of Desmond, e.g. Ballykealy, the Baron of the Island plus the knights of Glin, Kerry and the White Knight; by the Earl of Ormond, e.g. Burntchurch and Loughmoe; as well as those going back to de Lacy and other early Normans, e.g. Navan, Skreem, Rhebane, Ratoah, Galtrim of the Husseys, Kill, Kells, Costello, Mullingar.

A definite list of Irish feudal baronies emanating from the British Crown is what is needed. In that way there would be something similar to the definitive list of Scottish feudal baronies put down on paper once and for all. Again, the whole area is problematical; there is no longer any feudal due or obligation, and some have questioned the notion of selling irrevocably what is assumed in the blood. Yet they sell. It is also confusing as to which are lordships of manor and which are baronies that also being largely by classification of the owners.

Category 4: Gaelic Titles

The intellectual denigration of Gaelic titles has been the most successful depreciation of valid titles of nobility in history.

When the Gaelic order of things finally collapsed, primarily after the battle of Kinsale in 1602, and certainly by Limerick in 1691, the victors as always got to write the history books. For three centuries, therefore, until just recently, Gaelic kings, princes and lords were given little more than footnotes in British publications, and those mostly describing them as chiefs of savage clans. This, totally for propaganda purposes and prejudice, ignored the real truth that the Irish nobiliary structure was fully historical and fully grounded on Brehon Law, and fully operative within the various kingdoms of Ireland at Strongbow's arrival. And never relinquished.

Thus in spite of defeats, loss of de facto rule, the Wild Geese exiling, and even a freely chosen republican form of government, the Gaelic titles still exist in a titular manner, as family inheritances. This is accepted in international law and by the Irish Republic, and the titles are as real as those of any formerly reigning body, such as the descendants of the Tsar and Tsarist nobility, or the descendants of the Stuart kings of England and Ireland. The society is gone, but not the blood titles, which include royals who trace back farther than any others in the world.

In fact, in the past few years we have seen a Council of Chiefs arise, and that body now includes 20 hereditary Chiefs-of-Name (Chief-of-Name being the highest Gaelic title). This council is very active, contributing to the completeness of Irish history and has worked with the Chief Herald's office and Clan association. The Chiefs have been received by the President. In short, there is a role to be played by this council in a number of areas. After centuries of bad history, the Irish people are now informed that there are Gaelic titles which are not British inspired, but are rather indigenous to Irish history.

The Irish royals still extant are The MacCarthy Mór, Prince of Desmond, The O'Neill Mór, Prince of Ulster, The O'Neill of Clanaboy, The O'Brien, Prince of Thomond, The O'Conor Don, Prince of Connaght. Among the other Chiefs-of-Name extant are The Maguire, Prince of Fermanagh, The O'Donnell, The O'Callaghan, etc. Beneath some are various lordships which may or may not be Chief-of-Name, based on historic obligations within their own Gaelic houses. Gaelic titles given proof sufficient are now accorded the same rights of recognition and confirmation listing as are titles emanating historically from the British Crown.

It should finally be noted in terms of accepting foreign titles that no permission for acceptance/usage from the Irish government is necessary in the case of certain titles and knighthoods: titles from a non-reigning ex-sovereign (such as from the patrimony of the ex-King of Bulgaria, or an ex-king of Thomond) and knighthoods which are not from a totally sovereign government (such as awards from the Order of Malta, the Order of the Holy Sepulchre, the Order of St Lazarus, etc.). An Irish citizen may use those titles (such as Chevalier) as he sees fit. The requirement to secure Irish government permission only relates to awards from actual de facto governments.

In closing, it is important to point out that the Irish government in no way honours any old titles, Gaelic or otherwise. The recording or confirmation of an historic title by the Chief Herald is simply a courtesy, a recognition of something that exists which the Irish governments since 1922 in no way created. It is no different to the recording of any other piece of property, such as a deed, and in no way is a concession of a title.

It should also be pointed out that the practice of the British crown of giving titles to its royals and peers which bear Irish place names has ceased since the Irish Free State Act of 1922. Those who previously held titles associated with Ireland naturally kept them, e.g. the Earl of Munster, at origin a UK title though obviously also a province of Ireland. The father of the present Queen of the UK was at one time Baron of Killarney (1920-1936) but gave up that sub-title upon becoming king.

It is hoped that this article has helped a bit in shedding some clarity on what admittedly is a complicated subject. The subject has been compounded in difficulty due to very strong social and political opinions over the past 70 years as well