Concept

Surrender and regrant

During the Tudor conquest of Ireland (c.1540–1603), "surrender and regrant" was the legal mechanism by which Irish clans were to be converted from a power structure rooted in clan and kin loyalties, to a late-feudal system under the English legal system. The policy was an attempt to incorporate the clan chiefs into the English-controlled Kingdom of Ireland, and to guarantee their property under English common law, as distinct from the traditional Irish Brehon law system. This strategy was the primary non-violent method for Crown officials in the Dublin Castle administration to subjugate Irish clan leaders during the conquest. It was an unanticipated consequence to be required to pay fealty in currency instead of trade labor or commodities. The process of "surrender and regrant" thus created new, unfamiliar debt structures among the Irish, and these debts had social and political consequences. The policy of surrender and regrant was led by King Henry VIII of England (r. 1509–1547) in a bid to extend and secure his control over the island of Ireland. This policy started in the years between the Geraldine rebellion (1534–39) and his subsequent creation of the Kingdom of Ireland in 1541–42. Henry's problem was that many of the Irish clans remained autonomous and outside the control of his administration in Dublin. Gaelic chiefs and some autonomous Norman-Irish lords were actively encouraged to surrender their lands to the king, and then have them regranted (returned) as freeholds paying a chief rent under a royal charter if they swore loyalty to him. Those who surrendered were also expected to speak English, wear English-style dress, remain loyal to the Crown, follow English laws and customs, abjure the Roman Catholic Church, and convert to Henry's new Anglican Church. In return they would be protected from attack and could organise local courts and enter the Parliament of Ireland. The initiative of "surrender and regrant" was launched in the 1540s under the new English Governor of Ireland, Anthony St. Leger.

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