Read on Twitter
This thread corrects errors in the ‘British Penal Laws' and window tax tweet (’the tweet’), with reference to primary and authoritative sources, and is expanded in my blog: http://bit.ly/3kVroxV .
Let the facts speak for themselves. When in doubt, research…properly. [1/28] https://twitter.com/IrishUnity/status/1291783588028067841
Let the facts speak for themselves. When in doubt, research…properly. [1/28] https://twitter.com/IrishUnity/status/1291783588028067841
In doing so, I aim to facilitate an understanding of Ireland – including of its laws and socio-economic history – which not only encourage further research into the window tax, but also of the accommodation and livelihoods of the majority of its people. [2/28]
1. ‘British Penal Laws’
Penal Laws did not place a tax on ‘window light’. They were introduced by England in the Elizabethan era to uphold the Church of England against Catholicism and Protestant non-conformists by imposing penalties, forfeitures or civil disabilities. [3/28]
Penal Laws did not place a tax on ‘window light’. They were introduced by England in the Elizabethan era to uphold the Church of England against Catholicism and Protestant non-conformists by imposing penalties, forfeitures or civil disabilities. [3/28]
The Penal Laws initially applied throughout England. They were introduced in Ireland in 1695, with the Education Act. They were repealed from the 1770s. The Government of Ireland Act 1920, s. 5(2) provided that any existing such law shall cease to have effect in Ireland. [4/28]
![The Penal Laws initially applied throughout England. They were introduced in Ireland in 1695, with the Education Act. They were repealed from the 1770s. The Government of Ireland Act 1920, s. 5(2) provided that any existing such law shall cease to have effect in Ireland. [4/28]](https://pbs.twimg.com/media/Efu9hohWoAEggvW.png "The Penal Laws initially applied throughout England. They were introduced in Ireland in 1695, with the Education Act. They were repealed from the 1770s. The Government of Ireland Act 1920, s. 5(2) provided that any existing such law shall cease to have effect in Ireland. [4/28]")
2. ‘Traditional Irish homes’
The concept of ‘traditional Irish home’ is questionable. The photo was taken in the Claddagh, 1913. Humans have lived on the island of Ireland for over 12,500 years, inhabiting various dwellings, including huts, cottages, and bungalows. [5/28]
The concept of ‘traditional Irish home’ is questionable. The photo was taken in the Claddagh, 1913. Humans have lived on the island of Ireland for over 12,500 years, inhabiting various dwellings, including huts, cottages, and bungalows. [5/28]
The design of the Claddagh cottages predates the introduction of the window tax legislation in Ireland; as can be seen in this example from County Monaghan, 1771. It was a design prevalent across Ireland. [6/28]
![The design of the Claddagh cottages predates the introduction of the window tax legislation in Ireland; as can be seen in this example from County Monaghan, 1771. It was a design prevalent across Ireland. [6/28]](https://pbs.twimg.com/media/Efu-pwuXsAEZEDL.jpg "The design of the Claddagh cottages predates the introduction of the window tax legislation in Ireland; as can be seen in this example from County Monaghan, 1771. It was a design prevalent across Ireland. [6/28]")
3. Very small and few windows
Many Irish homes in the 17th through 19th century had, quoting the tweet, ‘very small and few windows’ principally because of cost (including of installation/ repair/ replacement). I return later to who bore the cost. [7/28]
Many Irish homes in the 17th through 19th century had, quoting the tweet, ‘very small and few windows’ principally because of cost (including of installation/ repair/ replacement). I return later to who bore the cost. [7/28]
Such infrequency and size of windows in rural dwellings was not unique to Ireland; as evident in the following examples from different countries in the period. First, a weaver’s cottage on the island of Islay, Scotland, 1772. [8/28]
![Such infrequency and size of windows in rural dwellings was not unique to Ireland; as evident in the following examples from different countries in the period. First, a weaver’s cottage on the island of Islay, Scotland, 1772. [8/28]](https://pbs.twimg.com/media/Efu_s1CWsAYX2Ij.png "Such infrequency and size of windows in rural dwellings was not unique to Ireland; as evident in the following examples from different countries in the period. First, a weaver’s cottage on the island of Islay, Scotland, 1772. [8/28]")
This drawing by Ludvík Kohl, a Czech-Austrian painter and draughtsman, of a farmhouse in central Europe in the late 18th century, also shows few, and small, windows. [9/28]
![This drawing by Ludvík Kohl, a Czech-Austrian painter and draughtsman, of a farmhouse in central Europe in the late 18th century, also shows few, and small, windows. [9/28]](https://pbs.twimg.com/media/Efu_1S6XoAEGesa.png "This drawing by Ludvík Kohl, a Czech-Austrian painter and draughtsman, of a farmhouse in central Europe in the late 18th century, also shows few, and small, windows. [9/28]")
Similarly, in this drawing in 1772 by French painter and draughtsman Nicholas Pérignon, there is a rustic dwelling with few and tiny windows. It was probably drawn while he toured in Italy or Switzerland. [10/28]
![Similarly, in this drawing in 1772 by French painter and draughtsman Nicholas Pérignon, there is a rustic dwelling with few and tiny windows. It was probably drawn while he toured in Italy or Switzerland. [10/28]](https://pbs.twimg.com/media/Efu_7Q9WkAcBDTt.png "Similarly, in this drawing in 1772 by French painter and draughtsman Nicholas Pérignon, there is a rustic dwelling with few and tiny windows. It was probably drawn while he toured in Italy or Switzerland. [10/28]")
4. The ‘window tax’ - Ireland
‘An Act for granting to His Majesty certain Rates and Duties on Dwelling houses inhabited, according to the number of Windows or lights therein, respectively’ was passed by the Parliament of Ireland, receiving Royal Assent on 7 May 1799. [11/28]
![4. The ‘window tax’ - Ireland‘An Act for granting to His Majesty certain Rates and Duties on Dwelling houses inhabited, according to the number of Windows or lights therein, respectively’ was passed by the Parliament of Ireland, receiving Royal Assent on 7 May 1799. [11/28]](https://pbs.twimg.com/media/EfvAvOXWoAETiFr.png "4. The ‘window tax’ - Ireland‘An Act for granting to His Majesty certain Rates and Duties on Dwelling houses inhabited, according to the number of Windows or lights therein, respectively’ was passed by the Parliament of Ireland, receiving Royal Assent on 7 May 1799. [11/28]")
‘An Act for granting to His Majesty certain Rates and Duties on Dwelling houses inhabited, according to the number of Windows or lights therein, respectively’ was passed by the Parliament of Ireland, receiving Royal Assent on 7 May 1799. [11/28]
In general, tax was payable on and after 25 March 1799 by the occupiers of every inhabited dwelling of 5 or more windows at a rate indexed to the number of windows or lights in the dwelling on or after 1 January 1799. It was not a tax on ‘window light’. [12/28]
5. The date of the photo
The ‘British Penal Laws’ tweet states that the photo was ‘c. [about] 1890’. In fact, it was taken in May 1913 by French women Marguerite Mespoulet and Madeleine Mignon-Alba. [13/28]
The ‘British Penal Laws’ tweet states that the photo was ‘c. [about] 1890’. In fact, it was taken in May 1913 by French women Marguerite Mespoulet and Madeleine Mignon-Alba. [13/28]
6. The Claddagh Cottages
The cottages photographed in 1913 are not dissimilar in appearance to those in early 19th century drawings. An unfinished watercolour by William Evans titled ‘Spanish Arch, the Claddagh in Distance, Galway’, 1838, shows similar cottages. [14/28]
![6. The Claddagh CottagesThe cottages photographed in 1913 are not dissimilar in appearance to those in early 19th century drawings. An unfinished watercolour by William Evans titled ‘Spanish Arch, the Claddagh in Distance, Galway’, 1838, shows similar cottages. [14/28]](https://pbs.twimg.com/media/EfvByH0WAAEiBei.jpg "6. The Claddagh CottagesThe cottages photographed in 1913 are not dissimilar in appearance to those in early 19th century drawings. An unfinished watercolour by William Evans titled ‘Spanish Arch, the Claddagh in Distance, Galway’, 1838, shows similar cottages. [14/28]")
The cottages photographed in 1913 are not dissimilar in appearance to those in early 19th century drawings. An unfinished watercolour by William Evans titled ‘Spanish Arch, the Claddagh in Distance, Galway’, 1838, shows similar cottages. [14/28]
It is plausible that the design of the Claddagh cottages in 1913 is the same as, or at least not significantly different from, those that predated the introduction of the window tax (though caution needs to exercised regarding biases and stylistic influences in drawing). [15/28]
However, Hely Dutton noted in his ‘Statistical and Agricultural Survey of County Galway’ (1824) that the residents of the Claddagh ‘are exempt from the payment of all taxes whatsoever, by what law, except that their houses in general are not taxable, I am ignorant.’ [16/28]
7. Tax does affect building
Professor Meredith Conway of Suffolk Law School noted, in an article in the Columbia Journal of Tax Law, the unintended effects that taxes can have on architecture. It should come as no surprise that the evidence goes well beyond Ireland. [17/28]
Professor Meredith Conway of Suffolk Law School noted, in an article in the Columbia Journal of Tax Law, the unintended effects that taxes can have on architecture. It should come as no surprise that the evidence goes well beyond Ireland. [17/28]
Conway notes how people sought to avoid tax on their buildings, including in dwelling houses, throughout history: such as the growth in family monasteries during the Byzantine Empire due to the exemption given to monasteries in the first known fireplace tax. [18/28]
In the early 17th century, the Dutch government, concerned at the growth of house construction in Amsterdam, enacted a tax on houses based on frontage. This gave rise to construction of narrow houses which are a feature of parts of Amsterdam to this day. [19/28]
![In the early 17th century, the Dutch government, concerned at the growth of house construction in Amsterdam, enacted a tax on houses based on frontage. This gave rise to construction of narrow houses which are a feature of parts of Amsterdam to this day. [19/28]](https://pbs.twimg.com/media/EfvCiPAXYAEYxsc.jpg "In the early 17th century, the Dutch government, concerned at the growth of house construction in Amsterdam, enacted a tax on houses based on frontage. This gave rise to construction of narrow houses which are a feature of parts of Amsterdam to this day. [19/28]")
There is evidence that occupants of dwellings in Ireland did block up windows. In some cases, this is attributed to the window tax. In other cases, no explanation is provided. Dutton noted in his 1824 survey:
[20/28]
![There is evidence that occupants of dwellings in Ireland did block up windows. In some cases, this is attributed to the window tax. In other cases, no explanation is provided. Dutton noted in his 1824 survey:[20/28]](https://pbs.twimg.com/media/EfvCsgYX0AMDx3V.png "There is evidence that occupants of dwellings in Ireland did block up windows. In some cases, this is attributed to the window tax. In other cases, no explanation is provided. Dutton noted in his 1824 survey:[20/28]")
[20/28]
8. ‘Daylight robbery’
There's no evidence that the phrase ‘daylight robbery’ derives from imposition of ‘window tax’, as claimed in the tweet. The Oxford English Dictionary, an authoritative source, provides three definitions (two of which are relevant here). [21/28]
There's no evidence that the phrase ‘daylight robbery’ derives from imposition of ‘window tax’, as claimed in the tweet. The Oxford English Dictionary, an authoritative source, provides three definitions (two of which are relevant here). [21/28]
(1): ‘A robbery committed during daylight hours, often characterized as particularly conspicuous or risky; the action or practice of committing this type of robbery.’ (2): A colloquial use: ‘Blatant and unfair overcharging or swindling.’ [22/28]
The first record of the second usage occurs in print in 1863. There is no reference to windows in the Oxford English Dictionary definitions. Nonetheless, some non-authoritative sources perpetuate the linkage between the phrase and window taxes. [23/28]
9. Getting facts right
There were numerous falsehoods in the ‘British Penal Laws’ tweet. A second’s research would reveal the errors in that tweet and the fact that it was doing the rounds in August 2018 on Twitter (below) and corrected then. [24/28]
https://twitter.com/RareIrishStuff/status/1024658188275208192?s=20
There were numerous falsehoods in the ‘British Penal Laws’ tweet. A second’s research would reveal the errors in that tweet and the fact that it was doing the rounds in August 2018 on Twitter (below) and corrected then. [24/28]
https://twitter.com/RareIrishStuff/status/1024658188275208192?s=20
It’s important to get facts right, especially when talking about law. A risk in repeating falsehood is that not only is truth corroded but commitment to the pursuit of truth can be diminished. [25/28]
I’m concerned to see that a lawyer liked the tweet – not least because of involvement in a case where avoidance of anything that could be perceived to involve political bias is essential to avoid compromising the client and significant broader issues legal at stake. [26/28]
While some have challenged the tweet, few, however, have been willing to point out that the inadequate housing hinted at in the tweet had myriad constitutional, legal, political, fiscal, economic, and social causes as a result of governance over and in Ireland. [27/28]
Thanks to John Levin ( @anterotesis) for The Statutes Project (below), which helped me locate the 1799 Act. The Project’s primary aim is to put parliamentary law online, for free, in multiple and easily reusable formats. It’s an important aim. [28/28] http://bit.ly/3gLl89p
