ltur<
 
 HIST ORY 
 
 or THE 
 
 ICING'S INN-S 
 
 
 ACCOUNT OF THE LEGAL BODY 
 
 r:; 
 
 IRELAND, 
 
 OM ITS CONNEXION WITH ENGLAND, 
 
 IN THREE PARTS, 
 
 TO. THE DEATH OF 
 
 ELIZABETH. 
 
 . 
 
 BARTHOLOMEW THOMAS DUHIGG, Eft* 
 
 BARRISTER AT LAW. 
 
 ASSISTANT BARRISTJ:H FOR THE COUXTV OF YVEXFORD;, 
 
 LIBRARIAN TO THE KOXOURAF.LK SOCIETY CF KING'S INNS, 
 
 c .i in foro c?.u!"a.s I'iccntibys r il.xci\m, videtur. eile, null.l 
 
 priefationc fafta, Judici rem e.':poneve, quanto majis interprt'tattontni 
 promitt'intibus inconvenier.O trit, (.ir.iCi.i in : teis, atque rrijine : 
 itcjue illotio ut ita di > 
 
 -=. 
 
 ??INTEt> EY JOHN I'.ARLOV/, E J !. T X-S T Rt 
 
 ___ 1805. _ 
 [KNTEUC3 AT -. A'S BAI1.1
 
 HIS ROYAL HIGHNESS THfi 
 DUKE OF KENT. 
 
 SIR, 
 
 THAT delicacy which prevents me from paying; 
 proper perfonal compliments, cannot fupprefs feel- 
 ings fuitable to the high honor of being permitted 
 to infcribe to your Jloyal Hignefs the HISTOP. Y of the 
 KING'S INNS; a Work, which originated in an anx- 
 ' ious wifh to uphold the joint Conftitution of both 
 Llands, and to preferve to my native country the 
 undiminifhed bleflings of Englilh La\v. 
 
 Animated by the preceding principle, I toiled 
 through a dark, untrodden path, uncountenanced by 
 the foftering fmiles of Government, and dreaded by 
 every legal jobber, as an avowed reformer, whofe 
 object was rather to check future abufes, . than to 
 animadvert on former malpractices. By the influ- 
 ence of fuch men, the King's Inns Remembrances 
 were reprefented as dangerous criticifms, \vhich muft 
 inevitably lead to an immediate modern review. 
 Meantime, honed" men flood aloof j pleafed at my 
 progrefs, but indifpofed to give the novel 1 Vile in any 
 imprudent fandlion, or perfonal fupport. Thus, 
 unexpected delay led to a fortunate accident, which 
 gives to my feeble efforts a Royal Patron. 
 
 One 
 
 2040561
 
 SV DEDICATION. 
 
 One painful circumftance accompanies the plead- 
 ing even! : I am precluded, in a perfon?.! addref?, 
 from doing juftice to your public fpirit and profef- 
 fional talents. Thus, what fecures humble devo- 
 tion, and faithful attachment through life, enforces 
 filence at the prefent moment. However, the mili- 
 tary habits of Irimrrien, combined with the temper 
 of the times, render your fervices completely under- 
 ftcod. My countrymen know how to appreciate 
 the firmncfs \vitli which a Prince, in the bloom of 
 youth, exchanged the allurements of London, an'd 
 pleafures of family connexion, for frozen climes or 
 tropical heats ; nor probably will they lefs revere 
 that difpofition which leads your Royal Highnefs to 
 a patronage and protection of Irifli Law. 
 
 But, Sir, yourf amily are, at all events, national 
 property ; legal habits, therefore, bind and warrant 
 me to conned the Houfe of Brunfwick with the 
 Conftitution of Ireland. It would bs affectation to 
 ground loyalty on flfonger principles than patriot- 
 iim and felf-intereft ; but though fuch feelings form, 
 the foh'd ground-work, gratitudeand perfonal affection 
 may grace th fiiperftruclure. My characters of 
 George I. and II. fland confirmed by hiftoric evi- 
 dence, and form a general opinion among the Irifli 
 people. Can any circumftance more ftrongly dif- 
 play a national greatncfs of characler, than this af- 
 fectionate reverence for bravery, honeily, end a lovs 
 'of juftice in their Kings? Poflibly a portion of 
 patriot feeling pervades profeffional habits, when I 
 , ni, that it would not be my wifh to fee com- 
 mercial
 
 DEDICATION 
 
 r.iercial purfuits, however lucrative, (mother the 
 martial fpirit of my countrymen. Thus fortified, I 
 am proud that my only fon is fuftaining the flandard 
 of EngKih Empire on the fcorched foil of Sicily. 
 Should he even fall in that interefting contefl: ; Nature 
 fliall* feel ample confolalicn, \vhilft revealed religion 
 thus far rivals the philofcphy of paganifm, as to en- 
 able a father to thank Heaven for fanctifying his life 
 by a glorious death. 
 
 Under new rifen q'rcumftances, and with an eye 
 to the permanent ftrength of the Britifli Empire, 
 the continuance of a general military temper ought 
 to be encouraged, Thus, the different parts of the 
 body politic will referable the human frame, and by 
 feparate, but correfpor^dent exertions, contribute to 
 general fymmetry and ftrength. Without any in- 
 tended offence to Britifh fellow-fubjects, or even fo- 
 reigners, let me allure your Royal Highnefs, that 
 the Irifh peafantry are as brave, as intelligent, and 
 as capable of labour or induftry, as any people in 
 urope. If a coward* can be found in this court- 
 
 - 
 
 * I muft be permitted to illuilrate tin's trrr.per of Irifhmen 
 by tliii , : 'ffgf, a n| i pofTibly from the ol-fcr^atfon, af- 
 
 certain the original motto of the Princes of Wales. The Irifii 
 cxprefs courage by the word gooJ, or, as it fpells ip ih.it hr.- 
 guage, howi:.::, qt'.iefcent le'.te-^. render it, //>,-.. 
 as unintelligible to an Ir'ifb fc.bolar, ?.s French treated in the 
 fame manner would be to a native of Paris or of Bh'n. V 
 a coward is defcribed, the Aftlefarts, or ancient Irijk, fay, ons 
 Fairc Moiickaun te ea, that is, he is a gu:ef, w tame man ; for the 
 perfection of gocd'i'fe, in the opinion of fuch warriors, confided 
 
 in
 
 VJ DEDICATION. 
 
 try, it is not among the lower clafs ; with them cow. 
 $age is, indeed, a vulgar virtue. Their peaceful 
 
 paflimes 
 
 }n military talents, and tamenefs or quietnefs was fuppofcu to 
 flow from a want of animal courage. 
 
 The tomb of the Black Prince has the words Ich, Die,:, &: 
 iiontoat ; the two former were well explained by a poor Welch- 
 man : See ike man. The affinity of the Welch and Irifh 
 tongues, if they are not of an original foci, often give to the fame 
 words a flmilar meaning in Irifli. Homout was miftaken for 
 German. Mr. Gouph, in his Sepulchral Monuments', accurately 
 ftates thefe matters, but ventures on no opinion of his own. 
 The Welchman was right in the general application, yet gave 
 no explanation for homout. As it was not in Welch dictionaries, 
 that word baficd the a/faults oj critical etymology. My illuftratiorf 
 is appofite, confident, and natural, well known at the fairs of 
 Ballynajloc and Tippcrary. Thus, " the rude fwain treads daily 
 on it with his clouted fboon " but when difplayed in Roman 
 letters, or barbarifed by found., plain language feems to require 
 |he aid of an antiquarian, and Ifnguift. 
 
 All Trifli v/riters, of Ev^ltjh defcznt, have hitherto laboured 
 tinder a radical ignorance of /he Ir'ijlj tongue, whilft Milefian chro- 
 piclers darken undoubted truths by the blended tiffue of vanity 
 and folk. Solar advice is therefore ufeful, in media TutiJJimii; 
 His : fiich at kaft fnall be my fteady pursuit in the Third Part of 
 this Work, which is intended to make Uiflory and Law illuf- 
 trate each other, and refer for authority or explanation to the 
 niixed languages of our different ancellors. 
 
 Vinegar-hill, 1:1 the Co:i:ity of WetforJ, (at the fvOot of which 
 I have fo often adminiftered jufticc) bears a root of derivation 
 unknown to any native, with ivhor.i I truer con-verfed. Flowing 
 from Englifl), it \s,Jlatn.onfenJJe, or has no intelligible meaning. In 
 Irifh, clearnejs and corretlnefs mark its derivation, and mean OIL'- 
 noch the SLarp Hill of the River; variation into 
 
 Engl^h,
 
 DEDICATION. MU 
 
 paftimes bear an image of war. Seafoned by cli- 
 mate to an happy healthfulnefs of conftitution, and 
 by (late of life to vigorous toils, they are enabled, 
 with equal eafe and fecurity, to endure the fcorch- 
 ing heats of Egypt, or the chilling colds of Canada. 
 
 This clafs of men completely referable what 
 Vegetius would wifh a Roman army to confift of, 
 " Ruftica Plebs, Chias fub divo & in laboribur. 
 enutritur, folis patiens, umbrae negligens, balne- 
 arum nefcia, deliciis ignara, limplex animi, parvo 
 Contenta, duratis ad omnem laborum tolerantiam 
 membris." Such were the foldiers which an ex- 
 perienced ancient defcribed, as enabled to fuftain or 
 extend empire. Had that man known this country, 
 fagacity would direct him to recommend large drafts 
 from IriJJj hurlers, as the fitteft (in the opinion of 
 Marmal Saxe) to efleft a retreat, or to take and 
 deftroy a routed foe. 
 
 Such 
 
 -Engh'ih forms it in an indant ; the former part leeo:nlng, by an 
 eafy tranfition, Vinegar, and Knock is Hill. The courfe of the 
 Sidney, and its local pofition, put the matter dill more beyond 
 doubt. Let me add, that the Irft language is totally unknown 
 among the Wexford pwfantry, who even afFcA to defpife the 
 ancient fri/Jj. But the Romax CathaTu religion is firmly adhered 
 to, and appears to the inqm'fitive or attentive obferver in a 
 thoufand indanccs; one muft however, for the prefer.t, fttjfice : 
 The patron faint of the diocefc of Ferns is a commoner Chrif- 
 tian name than Patrick, and even in that word the variance of 
 found frorn letters mud aftonifh the Englifh fcholar ; it is com- 
 pofed of the following fyllables : Maiilongecb, but founds, by 
 quicfcence, fit/ague, and people perfeftly ignorant conceive, that 
 is its correil Englifh tranflation, which is not the cafe.
 
 DEDICATION. 
 
 Such alfo were the habits, exercifes, and forbear* 
 ances, which entitled a man in the opinion, of art 
 Irifli annalift and lawyer, to rank as a warlike 
 foldier. "Bellicofus quidem ille miles haberi debe- 
 tur, qui fado & udo easkvaptus eft, qui ad omnes 
 labores impiger invemtur, qui famem pro condi- 
 mento-, nafturtium pro cibo, humum pro cubili a 
 arbuftum pro rabernacuio habet. 1 * If national tem- 
 per is meaiured by the joint feelings of writers and 
 inhabitants, the Jrifli character {lands confeit ; 
 though party malevolence has fo often exhibited 
 the inhabitants of this country in different and de- 
 grading colours. Let experienced generals and 
 enlightened itatefmen mould fuch machinery to 
 proper purpofes. and the wife fydeni will give tQ 
 our empire ettcreafed and immortal fbcngth, . 
 
 Ho vv ever, yo,ur Highnefs, and your Royal Bro- 
 thers, muft take the lead in this great movement 9 
 the reft of his Majefty's fubjecls way become joldkr:^ 
 but it is the fixt inheritance of Britijh Princes, and 
 peculiarly applicable to the Houfs vf ^ Brunfwick, 
 Animated by fuch feelings, a brother of the preferit 
 I)uke felt froni a mortal wound no greater- pain, 
 than that a premature death precluded him from 
 indulging a full meafure of military exertion, . That 
 gallant Prince had a true relifh tor tame, and merits 
 to be refcued from oblivion, Let his glory then 
 go,jfor as thefe feeble pages may reach, and 'animate per* 
 fans of inferior rank tofiriiilar herolfm. Britifli Princes 
 need not look abroad for example, every period of 
 pyr Hiftory exhibits their predeceffo.rs fupporting 
 
 national
 
 DEDICATION. j< 
 
 national independence, or bravely perifhing in its 
 juft defence. 
 
 Edward theFirfl and Third, thus repeatedly rifqued 
 Hfe ; and the former in the field refcued his father 
 from captivity. As if wifdom and courage formed 
 the joint attributes of a Britifh monarchy, the 
 reigns of thefe great Frinces are remarkable for the 
 wifdom of ci-vil inftitutions, and thus prefent a joint 
 mftrudiqn to the. Lawyer, Statefman, and Soldier. 
 Edward the Third was from youth unable to dif- 
 charge a like duty to. his haplefs father ; however, 
 the name of Kent mines through that affecting fcene s 
 with a lultre untarnijhed by; m'ufdrtune ; which cir- 
 cumftance fuggefts an ardent wifh, that with equal 
 virtue, but an happier fate, you may long prop a 
 father* S) and finally^ a brother's throne, 
 
 Edward the Third, refembles in length of 
 excellence of private as well as public character, 
 and number of children, your Royal Father. Each 
 too was equally fortunate in an eldefl fon. A 
 Prince of Wales then prefented at the foot of aa 
 Englifli throne, a conquered King, in our time, his 
 fuccefior humbly folicited, in fuitable rank, to refift 
 the approach of invafion; from, which he might 
 return with complete victory, or meet a glorious 
 death. This exertion of family feeling, and per- 
 fonal pofition, has fecured the refpecl of foreign, 
 nations, and the grateful affections of all his fellow 
 fubjects, 
 
 Th<
 
 The wifdom of Englifh law attaches to princely 
 yank dignified danger, or political toils. His 
 Majefly's conduct in the difpofal of fons, illuftrates 
 the principle by ,2 permanent commentary. The 
 honorable defence or extenfiori of empire is con- 
 figiied to them, v/hereby perfect filial duty becomes 
 coincident with the pureft patriotifm. Yet Ireland 
 feems deprived -of a gratification, ir. r.:y humble 
 opinion, highly merited by the courage, generofity 3 
 and loyalty of her inhabitants. Are the prejudices 
 of dark ages to influence us by hereditary vifitation? 
 Shall no Prince of the Blood be allowed to hold 
 fupreme military command, or become the repre- 
 fentative of Majefty in this infulted country ? Yet 
 what fellow fubjecl: could difcharge the duties of 
 cither ftation with more independence, eafe, or effecT:. 
 An added collateral grievance alfo threatens us under 
 the Union Aft, whereby it feems doubtful, whether 
 the fons of our Sovereign can vote for reprefentative 
 Peerc. However, "the Houfe of Lords will (1 hope) 
 not render a legislative enactment neceiTary, but 
 vindicate the Spirit and known fenfe of both coun- 
 tries againfi inaccuracy or cmijfion. 
 
 ': 
 
 This circumflance naturally leads me to. remark 
 in. what manner the heir * and younger branches of 
 
 , your 
 
 ^ As ray firil \vlfh lias been, ancl fliall be through life, to 
 
 uphold the charader of the King, or Us defendants , the nief- 
 
 !;!ge relative to the younger branches of the Royal Family, 
 
 merits explanation or fupport, even in this d'ljlant and fiilordinaic 
 
 ./. Fivft, as to the Prince of Wales : The landed revenue 
 
 of
 
 DEDICATION. Xl 
 
 your auguft Houfe, have been treated or recog^ 
 aifed by the law of Ireland, in point of property* 
 
 I can 
 
 of that great Perfonage Is ftated to be, in the $oth Edward I IT* 
 Dutchy of Cornwall, 3415!. 1 8s. 5d. The Earldom of Chef- 
 ter, 1694!. 95. 8d. and the Principality of Wales, 4681!. 12s. 5d. 
 Total, 9792!. os. 6d. In 1766, Blackftcne ftates, as an 
 tllufiration of forty Jhiliing freeholls, that fuch fum in Henry 
 Vlth's time, was equal to twenty pounds at the time he wrote j 
 by this moderate calculation, the Prince's hereditary income 
 was, or fliould be, worth in 1766, the annual fum of 97,920!, 
 53. Sd. Let that be but doubled at this moment, aud his juft 
 claim can. be afcertained at a net income of 105,840!. |s, 
 
 Compare alfo the difference between, a naked annuity, and 
 power arifing from ancient landed property. Had his Royal 
 Highnefs the Cornt/h influence as it Jlood in Ed-ward's time, its 
 operation (were he capable of felicitation) would throw great 
 light 'upon the fubjedl in a Minifler's eye as to the confequence 
 of the Welch ov Chefhire inheritances, (exclufive of parliamen- 
 tary ftrength) Baron Price's fpeech (flowing from an L>onejl 9 
 enlightened and patriotic native) may be confultcd for illuftration 
 or additional ftrength. As to the right of his Royal Highnefs 
 to the accumulated amount during a minority, let me fpeak az 
 a Lawyer with the freedom of lifioric truth, and therefore, I 
 hope, without offence. The Stat. of Henry VI. recites hio 
 charter to the Prince, in which there is a claufe, That the Kiii 
 fhould have the revenues, until the Prince attained the age of 
 fourteen years. In further confirmation of eziiling law, the 
 Charters of Henry VI. and VII. give livery to the Princes of 
 the Dutchy, at the day of their nativity, as if of full age, 
 and the King is bound to make them livery thereof. Even 
 when the Sovereign aliened any part of faid, Dutchy, landa 
 given and confirmed in exchange. 
 
 Tie preceding olfervations need no comment, they arc lid unrebeat- 
 td Ldw of England, were the meafure a lovn'y, and regulated, 
 
 by
 
 Xil DEDICATION. 
 
 J can trace but one appearance of fuch attachment 
 to a Prince of Wales in the perfon of Edward the 
 Black Prince, which grant was perfonal, and not to 
 him as heir of the Crown. A power of alienation 
 therefore, enabled his unfortunate fon, to confer 
 the property on De Vere Duke of Ireland. This 
 jpmiflion may be however accounted for by our de- 
 
 feftivc 
 
 by the comparative price of neceffaries, a few extracts, from 
 accurate authors, will prove it perfectly juflifiable. In 1379, 
 two years after the jo//; Edward III. Wheat was four fallings ptr 
 quarter, White Vf ins ft? pence a gallon, Red Wine 4^. In 1382^ 
 a tun of Wine not to be more than 4!. In 1504, Wheat 53. Sd* 
 per quarter. Edward I. promifes loooi. dowry to his wife 
 Eleanor, fliould he die whilft Rrisce ; and if {he comes to be 
 Queen, adds 500 Marks more. Edward I. pvomifes to his 
 daughter-in-law, Ifabella, 45007. per annum. In 1330, Joan of 
 Oxford, nurfe to the Black Prince, had a penfion of lol. per 
 annum. The prefent Prince of Wales's nurfe, has 200!. a 
 year for fimilar fervices ; nor do I deOre a fuller compenfatiojj 
 for the Royal Heir, ' 
 
 This great Perfonage facrificed his rights to the public. 1 
 can admire that nobjenefs of mind ; but think it both legal 
 and honeft to ascertain the amount. Were the meafure a matter 
 of conteft, it could be further defended by allowances to inter- 
 vening Heirs of the Crown. As to fituation, the Prince ot 
 Wales is bound by dignity of ftation to regard Indigent >worth 9 
 to relieve or lighten unmerited misfortujie, to encourage arts, manu* 
 faftures, and literature, and to promote national intereft through 
 -various channels productive of extenfive expence ^. embarraffmenta 
 yefulting from fuch exertions difplay purer perfonal merit, an J 
 correfpond more ftron'gly with the political duty of that gre^t 
 Perfon, than the moft fuccefsful purfuit of commerce, or bound- 
 |efs accumulation of wealth.
 
 DEDICATION. 
 
 fecYive legal provifions, and the particular fituatioft 
 of Ireland. 
 
 Until the reign of Henry the Eighth, the title of 
 Lord only appertained to the Sovereign; it was 
 therefore improper that the name of Prince fhpuld 
 occur among the acknowledged ranks of fociety. 
 Since that period, no Sovereign, fave James I. faw 
 his fon attain the full age of manhood, until the 
 year 1714. This may account for the iieglecT: with 
 ivhich the heir apparent has been treated by the 
 Legiflature of Ireland, or fuperintending influence 
 of an Englifh Cabinet. The Irifh pofition. of that 
 great character refembled internal taxation as 
 enforced by a foreign Legiflature it was indirett^ 
 but fe^re ; yet no part of his Majeftfs dominions 
 would feel more manly zele to uphold in proper 
 independence the reprejlntathe of his name, his 
 honors y or his fortune* 
 
 From the acceffion of the houfe of Tudor, no 
 fecond fon of an Englifh Monarch graces the hif- 
 toric page, until the reign of Charles II. ; James II. 
 Is then prcfented to our view, whofe mifcondutl 
 was equal to his misfortunes ; and appears with un- 
 common guilt in the acquifition of Irifh property* 
 Meantime, from the accefiion of the Houfe of 
 Brunfvvick, penfions extremely moderate indeed form 
 (he Irt/b appennage* of Princes of the blood. A 
 
 parliamentary 
 
 * Every well framed conflitution contains within itfelf, a 
 principle of renovation jSnd review, v/hich perfection (hineg 
 
 with
 
 XIV BEDICAttON. 
 
 parliamentary mtereft often extorts from the diffi- 
 culties of Government ampler and more, permanent 
 
 provifion ^ 
 
 with peculiar Iuflre in the Englifh code, whether we cpnfider 
 its operation with foreign nations, or in domeftic concerns. A 
 ueglefk of the Royal line would be a great anomaly, whilfl 
 the rank and intereft of every other olafa is watched with fuch 
 anxious care. Refident Princes muft be thereby in a more de- 
 graded pofition, than thofe whofe convenience Jed them to re- 
 fide in foreign, countries. But neither Englifh Hiftory nor 
 Law warranted the variation by precedent or fad. 
 
 Ireland affords an Jnftance in the fettlement of this country 
 upon John 3 whofe acceflion to the Englifh Crov/n worked a great 
 kingdom to its original political pofition. A matter, plain in 
 itfelf, is darkened by applying the maxims of one age to the 
 pra&ice of another ; but I believe it is pretty clear, that a 
 Prince who pafled to the Crov/n by usurpation, would not part 
 \vith Ireland but by conqueft. Such was the provifion made 
 by a brave and wife King for a younger fon. Henry III. was ex- 
 tremely bountiful, and by permanent property to bis fon. Edward 
 1. not lefsfo ; and Kent's daughter w<:s fo \vealthy, as to bear 
 the name of the Fair Maid of Kent. An intermarriage with 
 fellow-fubje&s formed another fource of e:-:tenllve wealth. I 
 am merely ftating fafts, ?.nd not prefuming to direct or arraign 
 the counfels of my Sovereign, but fo far to jullify his patriot- 
 ifra, wifdpm, and goodncfs, in affuring to the Royal Family a 
 adequate income. 
 
 The Tudors could not manifeft their own or the national 
 temper in the provifion of younger branches who had reached 
 the age of maturity. Charles II, allowed, or permitted the 
 Duke of York to poflcfs an income of i6o,oool. per annum. 
 Queen Anne, when Princefs, had 50,000!. per annum, but 
 ihe was prefumptive Heir -fo are all the younger branches, to a 
 certain degree. William Duke of Cumberland had 1 5,000 per 
 annum j previous to the battle of CuUoden. How inadequate
 
 DEDICATION. :;v 
 
 provifion ; I muft therefore explain, by ancient hif- 
 tory, in what manner the pecuniary eafe and perfo- 
 nal honor of thofe diflinguifhed fubjefts was at- 
 tended to. In this view, the reign of Edward III. 
 obtrudes itfelf iipon obfervation: whilft his heir 
 was upholding the flrength of Government at home, 
 or rendering it illuftrious upon the Continent, 
 younger fons of that great Monarch were configned 
 to tiizfupreme, civil, or military admiriiftration of Ire- 
 land. Nor is any page of domeftic hiflory more 
 ftrongly marked for the purity and vigour of internal 
 
 govern- 
 
 the propofed provtfion ! which I do not mean to criticife, but to 
 exhibit its moderation as a matter of joint merit in his Majef- 
 ty, the Princes, and Minijlers. An advocate for political ceco- 
 nomy I have ever been, but not upon points which would 
 either difgrace our Nation, or degrade the Government. It 
 muft be therefore my wifh to fee a million raifcd, and its intereft 
 applied in equal portions to the Royal Dukes ; fuch income 
 Jhould be annexed to the inheritors. Be the above fum the 
 Irifh feparate quota. Lands were To fettled by the rules of 
 ancient Law, and annuities by the wifdom of modern Parlia- 
 ment on particular titles. 
 
 A legal education can alorie enable Britons or trifimen to af- 
 certain, with accuracy and preciflon, the various fources of 
 ancient Royal revenue, and the eafe which accrues to the fub- 
 jet from the Crown's abandonment of fuch prerogatives, by 
 the adoption of a Civil Lift income. Thefe are my fentiments 
 as a Lawyer, and a refident in Ireland. But Londoners can 
 unite an honeft felf-intereft with juftice and patriotifm ; among 
 them the income is to be fpent, by which fo many indi- 
 viduals of an opulent clafs will be benefitted, and the comforts 
 of independence and eafe admin iftered to a multitude of the 
 poorer fort, tbvs refeutd from Insiiltalle idltnefi or want.
 
 government, or the humans gallantry of warlike i 
 
 Shall the remote dependencies of empire 
 fionally enjoy the falutary protection of our Princes, 
 and be animated to heroifm or loyalty by Royal pre~ 
 fence, precept', or example? whilft a great and ancient 
 kingdom meets profcriptiori from that great benefit. 
 ThuSj Sir, we fee, that ouf fuperior and beaded ci- 
 vilifa'tion yields, in the preceding inftance, to the 
 ceremonious fuper/litionj and irregular legiflation of 
 Edward's days. Yet one permanent connexion was 
 formed at that period, which gives to your Royal 
 Higtme'fs the antiquity of Milefian defcent. Your fa- 
 mily lineage can be thus traced through every foil 
 in Europe, for your veins are filled with the Blood of 
 all her Kings. Errors of policy are never more over- 
 looked by a brave people, than when they proceed. 
 from a fpirit of conqued. Thus, the fucceffes cf 
 Edward and Henry muft confirm the fervitude or 
 dependence of England^ though' an attention to Ire- 
 land and its inhabitants would unite, by induToluble 
 ties, the frame of an infular empire, which (thank, 
 Heaven!) is capable of exercifing the mod unbounded 
 commerce, or of Curtaining permanent and . indepen- 
 dent Strength from internal refources* 
 
 But Ireland feemed doomed to a diverfified poli- 
 tical fcenery, and to oppreflion or deceit in each 
 mofaic movement. Unwarranted and unfufpended 
 war ftains the period of Plantagenet chivalry. Re- 
 Kgious dhTention inflamed the temper of the Tu- 
 
 dors'
 
 DEDICATION*. 
 
 dors, vvhilfl nnremitted attacks upon chil freedom 
 and private property milled the milder genius of the 
 Stuarts. This melancholy fucceflion fcarcc admit- 
 ted of variety or aggra-va;i--n ; however j unfeeling 
 commercial monopoly, and illegal legiflative fupre- 
 macy completed the full meafure of human poverty 
 and fervitude ; a tame acquiefcence to the preceding 
 practices could not be relied upon ; fufpicion on the 
 part of Government enforced tyrannic devices; La\v 
 \vas perverted, and Religion ftained with perfecu- 
 don j internal diflentions compofed and confirmed 
 flate practices, which unerring political caufes pro- 
 duced riot, revo'lf, or rebellion. Mark the fucccj' 
 refult as to internal political f/ecdom or eftablijhed law. 
 The loyalift's fingiilar and ievere reward was a de- 
 gradation of his country, and a legiflative denial of 
 thefe principles which form the heartftrings of 
 Englifli law, or are the ancient and undoubted in- 
 heritance of this ajllicbd people. 
 
 But, Sir, let me turn from this gloomy fcene, 
 equally ruinous to the ftrength of empire, and dif- 
 graceful to the honor of both countries, to the 
 reign of your bone/! and u lather. The vices 
 of former times huve been wifely abandoned, and 
 Englifli lawi the Sapient nurfe of arts and arms, re- 
 ibrted to and revered. Where abufes exiil, tiu-:v 
 can be accurately traced to particular incidental 
 caufes, and contradict not the general fpirit or. 
 his Government. BeHdc?, Heady perfeverance will 
 mildly abolifh fuch aberrations, and inicnfibly ; 
 milate the feelings of every fii^j'-rt to a common 
 b
 
 XV111 DEDICATION. 
 
 intereft. \Vith undoubted good \viihes to ev 
 part, the feat of nativity or refidence is the ; 
 fphere of a man's duty. Under ibis 'nnpreffion, I fee 
 the flrength of Government, and profperity of Ire- 
 land move in focial contact, and this regeneration 
 has commenced, and continued from the accef- 
 fipa of George III. His Majefly alfo meets an 
 adequate reward in improved finance, increafmg 
 population, and confirmed loyalty. 
 
 Republica'nifm. has had a full flruggle, its deluded 
 or interefted votaries fesm heartily cured of their 
 attachment or hopes. Yet amid the fury of an in- 
 veterate foreign war, and the progrefs of domeftic 
 difaffection, due homage was paid to perfonal virtue, 
 and no ilanderous reflexion ever directed againfl 
 bur Sovereign. It has long been my humble opini- 
 on, that as a fon, hit/band, and father, his worth 
 tranfcends all foflibk praife $ however offenfive the 
 verfatile craft, or prefumptuous corruption of minif- 
 ters may occafionally exhibit the Government, 
 Therefore \vhen loyalty animated me, in early life, 
 to report and criticife an unanimous dccijion of the 
 King's Bench, and, according to folemn conviction., 
 arraign the Judges of perfonal cot *'ntptibn or legal igno- 
 rance, that fituation rather led me to vie^v the Sove- 
 reign with added refpecl: : For oppofition appears 
 a defenfive armour, which ought equally to ihield 
 the Monarch and the Conflitution, and ever enforce 
 this falutary precept, " That the one cannot be liruck 
 at without wounding the other" 
 
 "Wifhe?
 
 DEDICATION. XIX 
 
 Wifhes expreffed in the fervour of manhood re- 
 ceive undoubted ftrength from the reflexions of 
 twenty years. Such fettled fentiments mud be 
 therefore applied with peculiar propriety upon the 
 prefent. occafion. " May his Majefly long live to 
 exercife with undiminifhed dignity, the prerogatives 
 annexed to his exalted ftation; prerogatives which, 
 like the refreftiing dews from Heaven, ilied benefi- 
 cence around, and contribute to the fecurity of our 
 deareft rights. But when Providence (hall ordain 
 that an end be put to his anxious toils for the pub- 
 lic good, may his fuccelfor, mature in years, and 
 emulous of fo endearing an example, feel the cares 
 of Royalty a facred delegated truft ; and let Irifri- 
 men confound the abettors of anarchy or defpotifm, 
 by (hewing their Prince how far fuperior, in 
 ftrength and fteadinefs, is the grateful animated 
 attachment of fortunate freemen, to the conftrained 
 and treacherous profeflions of trampled flaves." 
 
 Your Highnefs can quickly perceive how natural 
 the tranfition from dutiful affection towards my 
 Sovereign to a fincere regard for his fon. I truft 
 that impartiality and truth will fhield this Hiftory 
 from a fevere criticifm fuited to its defects. The 
 fubjecl: was confined, which enforced frequent di- 
 greffion ; it was important, and therefore involved 
 a tranfient difcuffion of civil and religious principles; 
 it related to the Legal Profeffion, and thus became 
 infeparable from the deareft interests of Great Britain 
 and Ireland; finally, it was addreffed to your Royal 
 hnefs, which bound me to blend Loyalty with 
 b 2 Freedom,
 
 XX DEDICATION. 
 
 Freedom, and not to leffen the great privilege, of 
 thus approaching you, by fear, flattery, or fraud. This 
 Dedication aflumes an original air in being directed 
 to public principles, without any material attention 
 to peribnal compliments. If, as afubjefl and lawyer y 
 I am correct in legal, or political applications, 
 They will undoubtedly meet your approbation, and 
 exhibit the bed proof, in my power, of grateful 
 gittacfcment and faithful regard, 
 
 I have the honor to be> 
 
 Sir, 
 With the higheft refpeft, 
 
 Your Royal Highnefs's. 
 Much obliged and devotee} 
 
 H. ' < 
 
 Humble Servant, 
 
 King's Inns, B. T. DUHIGO, 
 
 nij Aug. i, 1806.
 
 TO THE 
 
 PRACTICERS 
 
 IRISH LAW, 
 
 I SHALL not provoke your perufal of the fol- 
 lowing Work with affected anxiety or concern the 
 infirmity of an afflicting difeafe is not introduced to 
 deprecate enlightened criticifm, or lettered juftice. 
 Intimates or friends merit more refpectful treatment. 
 Such fituation however gave a clofer image of death 
 than opening the cafement of tombs, or reviving 
 by awful remembrances, images of departed perfonsj 
 a mind fo circumftanced was brought to that har- 
 mony of temper which holds communion v/ith God. 
 An indulgence of felfifh or turbulent pafiions would 
 be ill directed to Heaven, to which Patriotifm, 
 Charity, and Truth, form thefurefl paflport. Such 
 were my feelings, whilft the Hiflory of the King's 
 Inns has been at the Prefs. 
 
 The importance of the fubject is univerfally 
 acknowledged, and its originality cannot be denied, 
 
 for
 
 TO THE READER.. 
 
 for materials drawn from a dark and hitherto uft- 
 Known recefs, affect legal fituation, and, as an in- 
 feparable accompanyment, the national character. 
 The whole range of literature could not fo well 
 enable me to give to your accomplilhed body a 
 novel production^ which yet comes home to your 
 bufmefs and bofoms, nor to my fellow fubjects at 
 large, Prolem fine matre creaiam. The purfuit has 
 been pleafmg from novelty, and interefting as it 
 formed a legal link between hoftile kingdoms, 
 now happily confolidated into a great Empire. Each 
 Irifh reader may fo far refemble me, as to find 
 among anceftors, natives of England, Scotland, and 
 Wales; where that is not the cafe, liberality of 
 manners, and attention to public intereft, will fupply 
 the defect. Ireland can be thus appreciated as our 
 native land, without weakening a becoming refpect 
 and affection for fellow fubjects through the Britifh 
 empire; the prevalence of fuch a fentiment knit 
 divided countries under the Roman government 
 with impregnable ftrength, and the fteady adoption 
 of it nvuft allure to remote pofterity the full bleHim; . 
 pf our prefent fortunate fituaticn. 
 
 The call of Government in 1804, required an 
 account of the funds of the Kings Inns, the application 
 thereof, and an ejiimate of future expenditure-, it is un- 
 neceflary to enquire how far this folemn order was 
 obeyed with accuracy or truth ; but the Society 's 
 ancient Hiftory, or exifting modern rules, merited 
 equal confideration yet leemed objects neither of 
 curiofity nor care. Preceding abufes afforded am- 
 ple
 
 to THE REAbtK. X\iii 
 
 pie inflriiclion to check or counteract a continuance 
 of concealment, corruption, or jobbing. For vices 
 of this fort are almoft perpetual, and can only be 
 rooted out by a fi/m, impartial exhibition of the 
 difhoneft fchemes and ruinous confecjuences which 
 flowed from governmental tyranny, judicial perjury, and 
 national fer-vi tuck. My refearch and obfervations are 
 directed to correct hereditary contagion, and ex- 
 tract, by legal chymiftry, revived foundnefs and 
 political health. Such an exertion, upheld by 
 truth, may arreft public attention, and create an 
 imperial controul over projected plans. To a coni 
 viction of this fort the King's Inns liiftory owes 
 
 us origin. 
 
 The mod refpettable praclioners alfo folicited the 
 meafure, as equally dictated by patriotifm and pro- 
 feflional correclnefs. My judgment was governed 
 by that powerful application ; the compilation was 
 thus undertaken, as ulefui to Prac~tifers, and necef- 
 fary for future Members; Meantime, a fubfcription 
 was opened to hinder an numble* but public fpirited 
 effort, from becoming a perfonal lofs ; for I appeal 
 with confidence to cotemporaries, whether forward 
 prefuniption, or an afcendancy of avarice over the 
 reft of Ireland, form leading features in my pro- 
 fdlional character ? At that period the propofed Pu&- 
 'irtili^n was limited to four hundred pages t and com- 
 pleted previous to Hilary Term, 1^5. A proper 
 return of n^m&^jujjicient in </-y/v/v // L::^C:ICC^ would 
 inflantly feir 
 
 .
 
 TO THE READER. 
 
 Meanwhile a report was circulated, that the legal 
 Cabinet expected a previous review of the Work, 
 and that it fhould be conveyed to the world after a 
 folemn ordeal, under fuch important patronage. This 
 fingular overture was made to me by a weak, well- 
 meaning friend, with an added hint, that a well- 
 timed Dedication would be received with great kind- 
 nefs, and lead to immediate perfonal promotion. I 
 refpecled the mefTenger, even of a mean embaffy, 
 too much, not to give a calm and fmcere anfwer, 
 that no work of mine mould ever meet the public 
 eye fubjeft to official arrangement, mif-Jlatcment, or 
 fupprejfion. Thus, whatever faults cr merits fuch 
 may have, they muft be original, and entirely my own, 
 As to Dedication, I added, as an infurmountable 
 proof of perfonal independence, that I refolved not 
 to inferibe it to any of my old, tried, and mo/i ref- 
 f enable friends, left it may appear a flippery engage- 
 ment of their particular intereft in any poffible mi- 
 nifterial change. My refolution was, to addrefs it 
 to an accomplifhed Englim Barriiler, who retired 
 from practice and minifterial fituation, but with lite- 
 rary talents, and perfonal integrity, fufficient to dif- 
 charge with dignity the mofi important duties of 
 either. What difmterefted regard fuggefted to me, 
 will, I am convinced, meet a fimilar return on his 
 part, and that refpeclable man feel added pleafure 
 that accident gave to rny legal compilation a -Royal 
 Patron. 
 
 The preceding refufa!, and my well known Whig 
 principles, redoubled the rage of certain men, whole 
 
 influence
 
 TO THE READER. , XXV 
 
 influence was exerted in every pollible mode to dif- 
 courage the publication. Three months elapfed 
 without any proper return of names, therefore a 
 collateral work irTued from the Prefs, with a Poil- 
 fcript expreffive of the (late of the Hiftory, and the 
 reafon which withheld it from public view. The 
 incumbent cloud of fervitude or tyranny overhung 
 that attempt perfonal good will and public fpirit 
 were awed by an apprehenfion that the Subfcribers 
 names would be annexed. Thus, the ufual encourage- 
 ment of other works became an impediment to 
 mine, whilft pride prevented, from fuch perfons, a 
 communication of the fingular motive. My deter- 
 mination then was, to await a feafon when the hand 
 of power would not be directed againft me, or, at 
 all events, print the Hiilory in London* 
 
 During this fufpence the King's Inns Remem- 
 brances, without my knowledge, fell under the Pe- 
 nifal of the Duke of Kent. The approbation of a 
 fellow-fubject, more exalted by perfonal worth than 
 public lituation, was flattering indeed ; I was even 
 thereby animated to the refolution of foliciting per- 
 miflion to dedicate the Hiftory to his Royal Hio-h- 
 nefs. My plan was unaltered, but elevated and en- 
 larged, for I wifhed to convey to that great Perfon- 
 age fuch Irifh matter as may be ufeful or agree- 
 able, or confident with Liberty and Truth. The po- 
 litical movements, or official practices of remarkable 
 Irifh Judges, are prefented to public view with a con- 
 tinued criticifm on Minifters, Parliaments, and Kmo-s. 
 Similar variety may mark the remainder of this 
 
 c Work,
 
 XXVI TO THE READER. 
 
 Work, for imperial interefl fhall fuperfcde peifonal 
 or national views. If feeble, but well meant ef- 
 forts, contribute to remove the film of prejudice 
 from Britons and Natives, or fortify his Royal High- 
 nefs's well known attachment to Ireland, its inhabi- 
 tants, and laws, I fhall conceive that I have not 
 lived in vain, or neglefted that firft and nobleft mo- 
 ral virtue the Love of my Country. 
 
 Legal Students may alfo be benefttted by a com- 
 pilation adapted to the plained capacity, yet fuffi- 
 cient to furnifh new motives of attachment to an 
 excellent King, and unrivalled frame of Govern- 
 ment. This fpecies of ambition is exempt from 
 cenfure, untinctured by avarice, permanently fupe- 
 rior to the craft or convulfions of party, yet melio- 
 rates the calm quiet of private life, or fixes legal 
 celebrity impervious to the perifhable frown of pow- 
 er. The Third Part is ready for the Prefs, and fhall 
 be printed during the courfe of next Winter. 
 Though the matter has been nearly doubled, no en- 
 creafe of Subfcription is demanded, which precludes 
 any interefted view of that fort. Amid more im- 
 portant matters a minute attention fhall be paid to 
 exifting or new rules ; whereby a correct reference to 
 ancient acts fhall be connected with an accurate mo- 
 dern account, by which a complete refemblance can 
 be preferved, or adapted to the parent Societies in 
 London, 
 
 With refpeft to cctemporary Remembrances it is 
 extremely natural, that fuch mould be preferred to 
 
 the
 
 PO i.ADER. X2V1J 
 
 the more ancient, however authentic, or even well 
 drawn. Legal experience of thirty years may 
 flrengthcn perfonal acquaintance, and enable me to 
 wound myfdf or others by making correct and accurate 
 criticifms'of that fort ; wherefore, though I cannot 
 rival Lord Chefterfield in genius or compofition, 
 his good fenfe merits imitation, and ihall preclude 
 me from being the fatirift or flatterer of men, whom. 
 I muft confider as equals, whether they move in the 
 higheft legal orbits, or adorn an inferior fphere. I 
 know but one Irifh Barrifter with whofe perfonal o? 
 profefiional career fuch a freedom could be honora- 
 bly taken, or who has hitherto given me permiffion*; 
 that perfon has not rank to controul public judg- 
 ment, yet much legal information, and fome ufeful 
 pbfervations may be bottomed on his movements. 
 The profefiion abounds with fuch characters, where- 
 by a fuccefsful furmife is prevented, and intervening 
 difcretion may enable me to determine whether Re- 
 membrances, completely modern, ought under any 
 circumfiances be publifhed, and not referved for 
 promifed poflhumous publication. The King's Inns 
 Hiftory mud exhibit me to flrangers, but the Legal 
 Body of Ireland require no fuch medium ; their long 
 and intimate acquaintance can anticipate ins proba- 
 ble contents, and how far the promifed Fart will af- 
 fimilate with the prefent Publication. 
 
 " Servctur ad imum," 
 *' Quails ab incaspto proce'rerit, et fibi conftet," 
 
 Ireland and its legal eflablifhment do not form an 
 exclufive claim to the faithful difcharge of hiftoric 
 
 duty
 
 XXV1H TO THE H.EADER. 
 
 duty a wider circle is embraced, as will appear by 
 the Lift of Subfcribers to be publifhed at the clofe of 
 this Work. But the great condefcenfion of an il- 
 luftrious Prince, in receiving the addrefs of an un- 
 known perfon, \vhere Irim Liberty and Law feemed 
 to require protection, fuperfedes, by a becoming 
 afcendaiicy, every inferior fentiment. Lord Kaimes 
 gravely aflures the reader, that whilft compofing his 
 elaborate Principles of Equity, he always had Lord 
 Mansfield in his view, and conceived that the fancy 
 enlivened and improved his compofition. Such idea 
 alfo animated my late labours in a variation from 
 the original plan, whereby I rofe fuperior to the fe- 
 verity of illnefs, or other obftruftions. Similar 
 firmnefs mail uphold me to the conclufion of the 
 promifed Work; happy, fupremely happy, if the whole 
 compilation be confidered ufeful, interefting, or 
 honeft, by Ireland's real fiend the Duke of Kent. 
 
 B. T. DUHIGG. 
 
 July 24, 1806.
 
 HISTORY 
 
 OF TH 
 
 KING'S INNS; 
 
 OR, 
 
 AN ACCOUNT OF THE LEGAL BODY 
 
 IN 
 
 IRELAND, 
 
 FROM ITS CONNEXION WITH ENGLAND. 
 
 WHENEVER any branch of Irifli Hiftory is re- 
 viewed from an anxious wifli to uphold the unity or 
 ftrength of the Britifh Empire, and to extend or 
 perpetuate the bleffings of its well poifed Conftitu- 
 tion, the Writer muft affume an independent fpirit 
 of criticifm fuperior to religious or political preju- 
 dice. 
 
 The wifdom or folly, the virtue or vice of every 
 age, is juftly meafured by cotemporary manners. 
 Thus, the nations of Europe can contemplate their 
 refpeclive anceflors with a fuitable fenfation of filial 
 piety and patriotifm in every period of fociety, whe- 
 ther the fyftem be illuftrated by a difplay of early 
 barbarifm, intermediate improvement, or modern 
 
 civilifation. 
 
 B In
 
 HISTORY OF THE 
 
 In this extenfive refearch, Iriihmen may chTpenfe 
 with doubtful or fabulous periods, and confign to 
 contempt and oblivion fuch a portion of domeftic an- 
 nals as ftrengthen .fuperilition or countenance civil 
 difienfion. 
 
 Under the preceding impreflions, I have deter- 
 mined to record thofe regulations which guide the 
 legal profeflion in this ifland, and form the confli- 
 tutional link between both kingdoms, whofe inha- 
 bitants are deeply interefted by common language,, 
 lineage, and laws, to preferve the Letter and Spirit 
 pure and unimpaired in every direction. 
 
 To our legal- fyftem, we owe a decided fuperiority 
 over neighbouring nations in extent of commerce, 
 greatnefs of wealth, and certainty of freedom ; there- 
 fore gratitude to Heaven and attachment to Govern- 
 fnent mull reftilt, whether we confider the dignified 
 pofition which that code has created and confirmed, 
 or the impoverished and convulfive fituation of for- 
 mer times : the patience and public fpirit of our 
 common anceflors counteracted fevere difficulties, 
 and left to fortunate defendants an enjoyment of 
 extenfive empire, and unbounded commerce, with 
 a fecurity for each, unexampled in the annals of 
 mankind. 
 
 . An attentive review of the Hiftory of Europe 
 confirms the above pofition, but it is rendered evi- 
 dent, when, the domeitic ftate of either ifland is pro- 
 
 . greffively
 
 KING S INNS. 
 
 greflively analyfed j readers muft, however, pre- 
 pare themfelves in the manner recommended to law- 
 ftudents on entrance into that profeffion ; they will 
 be bound to forget the popular acceptation of cer- 
 tain words, or meafure their meaning with a preci- 
 fion correfponclent to legal accuracy and hiftoric 
 truth. This fimple principle may enable fellow fub- 
 jets of moderate talents, or limited education, to 
 unravel the party fpirit of each age, and the elabo- 
 rate fophiflry exhaufted in its fupport. Leffons of 
 \vifdom, and maxims of morality, will thence arife, 
 equal law, and general liberty be felt as not refult- 
 ing from the place of nativity, the pride of family, 
 or influence of extenfive wealth, but a general 
 bleffing coceval with the Conftitution, and infepara- 
 Jble from its legal code. 
 
 The inhabitants of each ifland attained fuch emi- 
 nence of character by perfonal courage and politi- 
 cal freedom, even in an uncivilifed period, as to me- 
 rit the refpeft and attention of pofterity. The pureft 
 principles of public fpirit or national wifdom, will 
 therefore be exhibited in adhering to their legal max- 
 ims, and cloiely adapting neceflary improvements 
 to the edablimed fyflem. 
 
 All political herefies on either fide of the channel 
 are completely done away. The fun of freedom, 
 warming Britain with meridian beams, no longer 
 hangs in fullen eclipfe over this ill-fated ifle. Let 
 Irifhmen then partake of the liberal blefjing, and af- 
 B 2 certain.
 
 4 HISTORY OF THE 
 
 certain the ftream of jufuce, from that confined 
 fountain whence it fprung, to the general expanfe, 
 which at this moment enables it, like another Nile, 
 to fertilife our land. 
 
 . No circumftance in fociety affords a more con- 
 clufive proof of imperfect civilifation, than when 
 Law has not become a particular profeffion, or its 
 maxims are concealed and unknown ; in an adop- 
 tion of thofe important points, the Englifli code 
 precedes every other in Europe ; it was reduced to 
 a regular fcience and line of life, ages previous to 
 the difcovery of the civil Law, and the clafies of its 
 practifers rife as high as authenticated Hiftory and 
 -Records can reach. Their line of ftudy and mode 
 of appointment correfpond with the fpirit of Bri- 
 tilri freedom ; felf-appointed and voluntary affocia- 
 tions form the ground- work, whilft collegiate inftitu- 
 tions with governmental profeficrs lead to the ftudy 
 of the civil and common Law. 
 
 A limilar diftinction alfo marks their commence- 
 ment of practice : a Barrifter affumes his gown with- 
 out the neeeflary confent or acquiefcence of Govern- 
 ment, but the Civilian or Canonift undergoes an 
 ordeal of approbation from the executive authority: 
 thus ftudents enter upon, and purfue the profeffion y 
 on a fcale fuited to perfonal and national indepen- 
 dence. The internal management of Inns of Court 
 has been from time immemorial equally liberal : 
 The members are divided into Students and utter 
 
 Barrifters j
 
 ICING'S INNS. . $ 
 
 Barrifters ; from which latter clafs, Benchers are 
 chofen : from this mixed body of praftifers, the 
 King raifes fome by his royal Writ, to the ftate and 
 degree of Serjeant it is obfervable, that perfons 
 thus dignified emigrate into a different eftablimment, 
 which leaves the remaining members of the Parent 
 Society free as the Laws they praftife, or the prin- 
 ciples which gave themprofeflional ftation; for a Judge 
 is no degree in the Law, but an office only^ or room 
 of authority. Yet by common Law, it is only 
 from the body of Barrifters, or Serjeants, that the 
 Sovereign can make Judges ; and if felefted from 
 the former, they are, previous to judicial appoint- 
 ment, received into the rank of Serjeant, and mult 
 take the ftatutable oath before they enter upon exe- 
 cution of duty. 
 
 The wifdoni of this limit, or rather politic direc- 
 tion to prerogative, is too obvious to need illuftra- 
 tion or comment : " The Benchers and utter Bar- 
 " riders .alfo at certain times in the year refort to- 
 " gether, and confult and advife with each other 3 
 * c concerning the caufes of their houfe, and make 
 " decrees and orders concerning fuch things as they 
 " think meet to be reformed in the houfe ; and that 
 " they call a Parliament." Thus authority in that 
 .country is wifely filtered through different or con- 
 trouling channels, to prevent or difcourage an abufe. 
 The legal profefiion has adopted the national prin- 
 ciple j each Inn of Court is a feparate college, with 
 communicating privileges and concurrent jurifdic- 
 
 tions,
 
 HISTORY OF THE 
 
 tions, to one of which every Irifh Barrifter muft be- 
 long. 
 
 The government of thofe voluntary aflbciations 
 bears a refemblance in miniature to the Conflitution 
 of the realm. Thus an annual Treafurer, Benchers 
 for life, and the body occafionally reprefented by a 
 parliament, governs the eftablifhment, as a Chief 
 Magiftrate, Aldermen, arid ( ommon Council, 
 guide the affairs of Corporations. However, as 
 power becomes an unerring incentive to vice, evil 
 practices can never be completely eradicated, nor 
 correctly cured, but by a tribunal unconnected with 
 either complaining faction, and iepai ated from any 
 benefit by the decifion. Thus the Court of King's 
 Bench regulates and limits the legal orbits of corpo- 
 rators, whilft Chancery, which creates them, has 
 no fuperintending controul with equal legal wif- 
 dom, the Judges of England have been, from 
 time immemorial, vifitors of the Inns of <- ourt j 
 nor can human ingenuity devife a more dignified or 
 adequate tribunal : trained to legal diicipline, armed 
 with the habits which profeffional experience can be- 
 ftow, zealous for the purity or perpetuity of that 
 fyflem of which they are the fworn interpreters, and 
 feparated from the bufy buflle of mankind by fanc- 
 tity of ftation : fuch are the vifitors of the legal 
 body in England, and, by parity of reafon, through 
 this kingdom. The interference of thefe grave Ma- 
 giftrates is alfo confined to the fingle point under 
 review j for on tranflation to the rank of Judge or 
 
 Serjeant,
 
 KING S INNS. 7 
 
 Serjeant, the'Barrifler ceafes to have an a&ive exift- 
 cnce .in his Inn of Court, and is only complimented 
 with the privilege of dining there as an aflbciate ia 
 purfuance of this fettled principle, the Chancellor 
 f Great Britain, or Mailer of the Rolls, conti- 
 nue members, if they ha\?e not been called to the 
 degree of a Serjeant, of office of a Judge. 
 
 The flate and fitualion of Attornies further illuf- 
 trate the excellence ,of our legal Conflitution : that 
 refpectable and ufeful body are, in profeflional ap-r 
 pointment and exercife of fuch duty, under the di- 
 rect authority of their feveral Courts, but it is only 
 by an open, judicial deciflon, that they are fubject 
 to any controul ; for as the privilege of an Attorney 
 forms a mofl valuable portion of public and perfo- 
 nal Law, the nation is deeply interefled in its exill- 
 ence and fupport ; therefore no acl: of intemperate 
 or concealed tyranny can be exercifed with effecl, 
 which does not flrike at the freedom and happinefs 
 of the fuhje.cl. How attentive that provifion, which 
 thus fecures to the fuitors a reprefentative of -com- 
 petent ikill and correfpondent integrity! 
 
 Legal publication has been alfo equally a-ttended 
 to, not only by the public praclice of fuperior 
 Courts, but by promulgation from Parliament, at 
 county Courts, and through other ancient jurifdic- 
 tions. Legal works alfo undergo a popular ordeal, 
 and are only fanclioned by general ufage or folemn 
 judicial decifion. It muft be a refined exertion of 
 
 fanciful.
 
 8 
 
 fanciful, or interefted, ingenuity, which can en- 
 graft on the preceding fyftem, anarchy or defpot- 
 ifm. 
 
 Under other governments the people are neither 
 warranted by fituation, nor enabled by education, 
 to under/land the true principles of fociety. And 
 this happy ignorance, until the prefent revolutionary 
 period, gave to civil and religious defpotifm a fecure 
 repofe, our well framed Conftitution finds its 
 ftrongefl fupport in profound criticifm ; thus enlight- 
 ened foreigners feel an enthufiafm in its favour, 
 fcarce exceeded by thofe who enjoy its moll benefi- 
 cial effects. Montefquieu did not imagine that an- 
 cient learning or modern eftablimments could fub- 
 Hme his judgment to the true Ipirit of Laws, except 
 he reviewed at length and leiiure, that bold and 
 boifterous people, whofe courageous conduct, and 
 complex code of Laws, ftrike foreigners with ter- 
 ror and furprife ; in collifion with Englifh wifdom, 
 he could not but take fire ; in reading their Hiftory 
 he reviewed their Laws in perufing their Laws he 
 difcovered the national genius. 
 
 Yet among all the fingularities by which Englifh- 
 frien are diflinguimed, nothing appears to have 
 ftruck him more forcibly, than the animated attach- 
 ment with which they fupport the Laws and unim- 
 paired form of a mixed government. If the preced- 
 ing pofition requires hiftoric illustration or conclu- 
 five proof, the melancholy ?era of Charles I. is a 
 
 (landing
 
 KING S INNS. 
 
 {landing teftimony to the prefent, and all fucceeding 
 ages. Though every inflrument of government- 
 was employed for an undifguifed eftablimment of 
 defpotifin ; though a knowledge of the Law in fer- 
 vants of the Crown (I admit their profound in- 
 formation) was only evidenced by ikill in counter- 
 acting its benign influence, or perverting its genuine 
 fpirit ; though churchmen, urged on by attention 
 to their temporal interefls, encouraged thefe violent 
 abufes, and thereby drew a vengeful ruin on the 
 epifcopal clergy ; notwithftanding thefe concurring 
 caufes, when the inftruments of tyranny were re- 
 moved, and a repetition of their offences prevented, 
 the people panted for areftoration ot peace and or- 
 der, and were eager to fhelter themfelves under the 
 falutary {hade of their ancient Laws. 
 
 However, amidft thefe unfortunate convuifions, 
 feparate interefts had grown up in the State, and 
 over-ruled the ftrong inclination of the public mind ; 
 a (landing army knew that its immediate dilfolution 
 would be the effeft of peace : its leaders were (till 
 more flrongly affected ; pride, power, and intereft^ 
 combined to annihilate their refpect for the Laws, 
 and the well known perfidy of Charles enabled 
 them to cover thefe felfifh defigns with a fpecious 
 zeal for the public good. Under an union of fuch 
 circumftances, it is not wonderful that the Conftitu- 
 tion funk. Princes, Magistrates, and People, may 
 draw from that period an inftruftive leflbn, and in- 
 |tcad of pufliing principles to extremes, preferve a 
 
 moderation
 
 1< HISTORY OF THE 
 
 moderation efiential to the exiflence of every go- 
 rernment, and particularly neceflary to a fupport of 
 the mixed form. 
 
 If the enviable fituation of Eritons were not the 
 ftrongeft tefts of the benefits of monarchy, tem- 
 pered by a fpirit of freedom, the flruggles fubfe- 
 ment to (Charles's murder mud be a decifive argu- 
 ment : yet, during the bloody cloud which then 
 darkened the face of Britain, a majority of the peo- 
 ple fighed for their ancient Laws. Cromwell availed 
 himfelf of this principle, and the necefiity of a Mo- 
 narch wasfo vifible, that he determined to eftablifh 
 at leaft a refemblance of it. Hence, the Protector- 
 ate which was to reprefent the majefly of the na- 
 tion to foreign powers, and to execute the duties of 
 a limited prince at home. Thus inverted, Crom- 
 well was ftill frequently obliged to violate the Laws 
 in fupport of his unconftitutional authority. From 
 this fource fprung high Courts of Juftice, arbitrary 
 imprifonrnent, and a violation of the facred rights 
 of Jury. Yet fuch was the attachment of even, a 
 fanatical army to the ancient Laws, that the impe- 
 rious ufurper was compelled to juilify thefe pro- 
 ceedings by the frequency of real, and the affedta- 
 tioii of pretended plots. 
 
 The model of their ancient Parliament was fo re- 
 vered, that he prefumed at one moment to create an 
 entire Houfe of Lords, and to reform the reprefen- 
 tative fyftem of both iilands. If the- national 
 
 Church
 
 KING'S INNS. ii 
 
 Church was not re-eftablifhed, it was becaufe it 
 ceafed to be fuch, on account of the ftrength of 
 contending feh, of the remembrance ilill freili of 
 Laud's unchriftian adminiftration, and of the weight 
 of Church property, then divided among the parti- 
 zans of power. The reigns of Charles and James 
 II. give additional ftrength to this pofition, that a 
 love for "the Laws is the ruling paffion of Englifn- 
 men. No party, however oppofite in principle, in- 
 flamed by perfonal hatred, or diftrafted by the fury 
 of the times, ever affected to difregard the Laws, 
 or their facred palladium trial by Jury. From, 
 this fortunate coincidence of municipal Law and 
 general learning, of eftablifhed perfonal freedom, 
 and firm political authority, Englifhmen have been 
 enabled to refifl the civil deipotifin of Rome, and 
 the artful prbgrefs of its ecclefiaftical tyranny : a 
 more ample detail, as far as relates to that celebrat- 
 ed iflaiid, falls not within my propofed plan ; its 
 progrefs and effects in this kingdom fhall be however 
 explained. 
 
 The patriotifin which animates a Briton at home, 
 directs his conduct in every foil he is deftined to in- 
 habit, which wholefome prejudice is upheld with 
 untainted purity, and forms the dignified heirloom 
 of Britilh defcent. Hence an imitation of Englim 
 Law becomes the leading feature of coalition, or 
 conqueft. In this manner Ireland has been gradu- 
 ally led to that practical freedom, which at this mo- 
 . ment encourages induftry, protects property, and 
 
 preferves
 
 12 HISTORY CF THE 
 
 preferves perfonal fpirit the jealous guardian of 
 both. 
 
 The early intercourfe between both ifiands re- 
 flects little credit on the inhabitants of either, ex- 
 cept in the exercife of a martial fpirit. r> s I confine 
 my obfervations to our connexion with England, 
 the reader fnall not be bewildered in the mazes of 
 Milefian (lory. " 1 he (late of fociety under that 
 fyltern precluded a progrefs of national improve- 
 ment, fupported an undignified fpirit of warfare, 
 inflamed, and not corrected an illiberal fuperftition, 
 trampled upon perfonal liberty, and tore up by the 
 roots every idea of private property, or induftrious 
 acquisition : its diflblution, however fevere to fuffer- 
 ing individuals, led to the happinefs of pofterity, 
 forming, from a few difunited clans, a brave, a 
 powerful, and a populous nation. Exercifmg an im- 
 partial criticifm on the paft Government of Ireland, 
 I muft affuine the privilege to affirm, that the early 
 mode by which Englim Minifters managed this coun- 
 try, difplayed a barbariim almoil equal to what they 
 profefied to correct ; it is not my difpofition to def- 
 cant on the difgufling 'detail, though fufficient mat- 
 ter occurs even from the barren chronicles and ma- 
 lignant memoirs which difgrace our ilory. 
 
 The following quotation from a native hiftorian 
 will illuftrate the above remark ; " how gladly 
 " would I draw a curtain over the dlfmal thirtieth of 
 (l January ! that I could fay they were Irifhmen who 
 
 " did
 
 KlKO'S INNS. 13 
 
 ** did that 'abominable fttft ! But It is certain, it was 
 " done by others" Profound, indeed, mud be that 
 malignity, which wantonly facrifices perfonal and 
 lettered integrity. What opinion did the wretch 
 form even of" party, if its interefled tools could pe- 
 rufe with fympathy, this outrage upon national ho- 
 nour and hiftoric truth, fo emblematic of the au- 
 thor's fervility and bafenefs. Did this virulent libel 
 obftruft profeffional promotion ? That crafty wri- 
 ter well knew what incenfe was required by the Eng- 
 lifli Cabinet, and a fervile Irifh faction : experience 
 taught him that treachery and treafon to his native 
 .country operated as a pafiport to power, which fu- 
 perfeded the neceiiity of perfonal virtue. Thus, by 
 unceafmg acrimony, unprincipled policy, and un- 
 blufhing petulance, the mifcreant rofe to the rank of 
 Lord Chancellor, and Chief Governor, ftations ac- 
 quired by flagitious party zeal, and a profligate abufe 
 of legal talents. Principles of jurifprudence formed 
 the only barrier to the verfatile corruption of his 
 character, though they could not prevent the ceafe- 
 lefs virulence of a timid and vindictive mind from 
 pouring its venom on obnoxious parties and prac- 
 ticers ; whilft upfhirt vanity miflook the devotion of 
 interefled fycophants for the approbation of a learned 
 profeffion, and the feelings of a free people. As a 
 (. lhancellor and Statefman, legal fraud, official fer- 
 vility, and brutal tyranny alternately marked his 
 conduct; in the Cabinet the betrayer of national 
 rights ; in Parliament a fervile tool of the reigning 
 faction ; in Council the enemy of chartered free- 
 dom j
 
 14 HISTORY OF THE 
 
 dom ; on the Bench a rude partyman. To 2ft 
 Irifhman of the preceding (lamp, the laft deluded 
 Stewart entrufled the Great Seal : on his tomb then 
 be this impartial epitaph engraved a forward and 
 corrupt Whig in the reign of King William, a ply- 
 ant and venal Tory under Queen vnne, but during 
 the honeft government of the Brunfwick line, a de- 
 graded Statefman, wafting the lengthened remnant 
 of exiftence in reflecting on the frauds which paved 
 his way to office, and the perjuries which marked 
 his continuance in it. 
 
 By a feries of fuch publications, Ireland prefented 
 a phenomenon in the hiflory of mankind. A por- 
 tion of its degenerate natives became the uniform 
 afperfers of unlettered peafants, and falfely imputed 
 popular errors or crimes to an immutable difpofition, 
 and not to tfye political fituation, or prevalent cuftoms 
 of the times; forgetful, that countries do not differ 
 more (Irongly from each other in policy, religion and 
 law, than defcendants from their anceftors. Interefted 
 falfhood thus became current, and the natives of 
 each iiland were arrayed in habitual hoflility againfi 
 each other. 
 
 Yet the genius of Irimmen often rofe fuperior to 
 envenomed afperfion, and arrefted the refpeft of 
 calm and enlightened obfervers. In the following 
 manner Sir John Davis commits himfelf in confi- 
 dential intercourfe with a keen and fagacious Minif- 
 ter : " There is no nation under the fun that doth 
 " love equal, and indifferent juftice, better than 
 
 " the
 
 KING S INNS. 15 
 
 i 
 
 " the Irifli, or will reft better fatisfied with the exe- 
 " cution thereof, although it be a^ainlt themfelves, 
 " fo as they may have the protection and benefit of 
 " the Law, when upon juft caufe they do defire 
 " it." For centuries that bleffmg was denied, and 
 the natives neceffitated to live under the tyranny of 
 feparate and difuaited chieftains; which fyftem, how- 
 ever, fortunately prevented an union, or a force fuited 
 to general population a^ainfl invading antagonifts ; 
 whilft the latter, allured by general heroifm, pre- 
 ferred a ftate of hofHJity to regular colonifation. 
 Civil diffenfion in this manner precluded a firm ex- 
 ercife of political wifdoni, or a proportioned pro- 
 grefs of legal improvement. One clafs of the inha- 
 bitants conceived an adoption of Englilh Law as 
 the ftigma of conqueft, and the other declined to 
 make fuch offer, as its neceffary influence muil lead 
 to fimilitude of manners, and fmcerity of friend- 
 fhip. 
 
 This feparation of the civil fyftem had (till more 
 fatal effects upon the ecclefiaftical eftabliihment ; 
 each iiland profefle i the Roman Catholic religion. 
 The united and independent fenfe of Englifli lay- 
 men was feconded by an enlightened portion of 
 their clergy. To refift papal ufurpations, they held 
 communion with the P. Mniili fee in matters of faith, 
 without furrenderiny; (he fupreme patronage of the 
 Church, or the tem;x>r,ii interefl of the nation. The 
 Irifli people, divided and diilreffed, could neither ex- 
 ercife nor concentrate a ftrength of opinion or le- 
 
 giflation
 
 l6 HIST02.Y OF THfi 
 
 giflation furled to this formidable and unceafmg foe. 
 Thus at the dawn of the reformation, whilft Englifh 
 clergymen fhook to its foundation the papal throne, 
 the Irifh priefthood took an oppofite part, to which 
 criminal attachment they were encouraged by chief- 
 tains of every defcent, who forefaw in the joint pro- 
 grefs of civil and religious reformation, a downfal 
 of ufurped power, the poffeflion of which, feemed 
 preferable to that fettled fecurity and rational equa- 
 lity recommended by the pure precept of the Pn> 
 teftant faith, and enforced by the juft interpreters of 
 Englim Law. 
 
 It is not wonderful that with fuch powerful aid, 
 and under that fan&ified authority, a majority of 
 Irifhmen adhered to the ancient fyftem, which 
 feemed to fecond perfonal freedom, and fanclion na- 
 tional independence. The Proteilant government 
 had to ftruggle, not merely with floating fanatical 
 opinions, but with the fettled interefts of a warlike 
 ariftocracy, and an united hierarchy. Thus deprived 
 of that powerful fupport which landed intereft con- 
 fers, or religious zeal infpires, peaceable and perma- 
 nent dominion could only be extended by the pa- 
 tronage and protection of municipal Law. In what 
 manner, under what circumftances, and with what 
 effect that fyftem was introduced, forms the object 
 of our prefent inquiry. 
 
 The reader is now folicitcd to adapt his opinion 
 to a defcription correfpondent with ancient periods, 
 
 howe-
 
 KING'S INNS. 27 
 
 however "it may differ from the prefent fituation of 
 either ifland. For centuries after Strongbow's de- 
 fcent, Dublin did not exceed in fize the modern town 
 of Wexford: the other feaports of the kingdom 
 in the hands of the invading colcnids exifted on a 
 fimilar fcale. The entire fea coaft of the kingdom 
 was not in their occupation. Even in 1533, the 
 fept of O 'Byrnes fubmitted (by an indented treaty 
 of allegiance with Henry VIII.) to the condi- 
 tion of fubjects, and furrendered to that Prirfce 
 the town and cattle of Wicklow. But the Irifh Ca^ 
 binet from habitual felf-interefl counteracted the in- 
 tended integrity of their Sovereign ; a defcendible 
 fecurity to landed property was withheld, and no 
 protection given to active induftry by legal freedom : 
 practices fuch as thefe, were finally completed by 
 territorial confifcation and perfonal plunder. 
 
 This tranfaction is typical of Iriih Government to 
 that period. The King was reprefented by Grace 
 and Mercy through all his dominions, whilft the ex- 
 cellence of his legal and perfonal character was de- 
 nied to Irifh fubjects : how pleafmg the contraft at 
 this time exhibited to our brave and honed peafants,. 
 whofe perfons are protected, and induftry encourag- 
 ed, with a certainty that their pofterity haveaconftitu- 
 tional right by merit to attain profeffional rank or 
 minifterial flation. Mud not felf-intered fecond loy- 
 alty in difpofing them to adhere to the throne of 
 George III. and uphold his mild dominion ? In this 
 manner Prince and People? can review the vice or mi- 
 
 C fery
 
 fery of diftant ages, and improve the national hap- 
 pinefs. By preceding impolicy the rude chieftain 
 of a narrow diftricl was linked in league with his 
 Sovereign, whkh, however, continued during the 
 reigns of the Tudor line ; for the interior part of 
 Wicklow did not become fhire-ground until the ac- 
 ceffion of James I. 
 
 Previous to the feventeenth century an intercourse 
 between Irim cities was kept up by fea, or through 
 ' defiles and paffes occupied by an envenomed and op- 
 preffed foe, with whom the legiflation of the flaJe 
 forbad either coalition or friendihip : any acquired 
 portion of inland country was unwifely erected into 
 Palatinates, whofe chieftains preferred independent 
 dominion to the falutary reftraints of regular Law. 
 Sage chroniclers imputed this to degeneracy of man- 
 ners, but the principle flowed from that appetite for 
 power, to which human nature, untamed by art or 
 education, is for ever prone. 
 
 The priefthood may exercife their calling in every 
 ftage of fociety, and enjoy proudefl dominion, or 
 mod extenfive influence, in barbarous periods, Law 
 is, however, the child of civilifation, and thereby 
 becomes the parent of an ufeful and powerful pro- 
 feffion. Such a body in any confiderahle number, 
 could not then exift in Ireland. There were no cir- 
 cuits for centuries after the introduction of Englifh 
 Law. Superior Courts alone afforded any encou- 
 ragement or reward ; within each precinct local 
 
 I jurifdic-
 
 S INKS. 
 
 varifdlctiohs determined civil caufes, and martial 
 guided by Strongbownian Palatines or Taniflical chiefs* 
 formed the criminal code. The pure fpirit and perfect 
 procefs ofEnglilh Law was thus confined tothecapi* 
 tal and a narrow portion of the Pale. An arrange- 
 ment of legal officers had been regularly kept up, 
 and Courts conftantly held, which employed a few 
 Barriflers, who expected, after a practice more la- 
 borious than lucrative, to attain judicial ftation : 
 from this motive fuch inhabitants as refolved to pre- 
 pare by legal {kill for profeffional eminence, reforted 
 to the Inns of Court in London, where Englifh Law 
 \vas cultivated in the higheft perfection. Great be- 
 nefits accrued hereby to individuals, and to the 
 country. Barriftcrs acquired an intimacy with le- 
 gal profeflbrs in England, and that attachment to 
 the feat of youthful education, which is feldom era- 
 dicated from feeling or. honeft minds; they were 
 equally bound by pride and felf-intereft to uphold a 
 connexion uieful to both countries, and which gave 
 them exciufive emolument and rank. To this lead- 
 ing principle Ireland owes the bleifings of a confo- 
 lidated Union, and that zele for equal law and li- 
 berty, which has through ages diflinguimed the 
 praclicers of Irifli Law. 
 
 The legal profeflion did not fuflain a rank fo ex* 
 alted in England as in this kingdom there it. funk 
 under the fuperior and furrounding afcendancy of 
 Parliament and Peers here rs of a muicnal 
 
 Senate required the continual aid of legal talents to 
 C 2 render
 
 JO HISTORY OF THE 
 
 render them permanent or fecure. With indepen- 
 dant nobles, pofiefied of regal dominion, the la\T 
 of the land became a kind of law of nations be- 
 tween them and their Sovereign, of \vhich fyftem 
 Judges and Barriflers were the real interpreters ; but 
 above all, the Pale was nearly encircled by hoftilefepts, 
 defperate from profcription, and dangerous to the 
 laft degree by habitual courage, therefore, Lawyers 
 were kept in continual alarm, and trained to every 
 national exercife. 
 
 As diftinguimed defcent marked the early invad- 
 ers of Ireland, they were fmgularly anxious to fuf- 
 tain a correfpondent character in their new fettle- 
 ments, and thus rival the vanity or rank of Mile- 
 fian chiefs. Merit alone could not effect, what is 
 fo common in modern times, the elevation of a man 
 of mean birth to high or fupreme command. Feu- 
 dal principles forbad the traafition, nor could royal 
 authority, or popular influence, fuddenly fap or make 
 that fyftem, fo deeply interwoven with pride, pow- 
 er, and felf-intereft. From the preceding high- 
 minded clafs, uniformly fprung the profeifors of 
 Irifh Law at that period. A mixture of military 
 fkill, and legal talent, was neceiTary to attain indivi- 
 dual eminence ; nor can we doubt that genius, or 
 even unabated induftry, fecured fuccefs for we have 
 feen in the ranks of Volunteers and Yeomen, men 
 of the fame profeffion, eminently Ikilled in techni- 
 cal and military tactics, 
 
 Englifli
 
 KING S INNS. 21 
 
 Englifli focieties, comparatively large, and dif- 
 perfed, could not keep fo ftricT: or conftant a furvey 
 upon their members as the Irifli Afibciation was en- 
 abled to do. Thus the law of opinion bore redou- 
 bled fway, and feconded every honourable incentive 
 to correct conduct by perfonal policy. The occa- 
 fional appointment of Englifli Deputies, or Judges, 
 rendered praclifers inceflantly folicitous to unite ta- 
 lent with integrity ; fuch acknowledged qualities 
 led to an intimate intercourfe with men in power, 
 and became an unerring paflfport to official promo- 
 tion, regular parliamentary parties did not divide fo- 
 ciety, nor had the Government of Ireland continual 
 convenience or neceflity to ilander refpectable per- 
 fons, from a wifli to promote minions of inferior 
 capacity, induflry, or integrity. 
 
 The Palatine Peers indulged an imitation of royal 
 authority, and for that purpofe prelerved inviolate 
 the legal fyftem, their military tenants could correct 
 any flagrant abufe, not by a doubtful revolt, but an 
 immediate appeal to the government of their com- 
 mon Sovereign, as the impolicy of granting Palati- 
 nate power was deeply and fmcerely regretted, the 
 flighted complaint afforded a pleafing pretext for in- 
 terference or oppreffion. Thus there exifled an in- 
 ceiTant motive to appoint firm and upright Judges 
 in thefe local .diftricls. The feudatories were even 
 indulged in tyrannifmg, or at lead exercifing arbi- 
 trary authority over inferior clafles, from an hope 
 of ftrengthening their perfonal attachment, and 
 thereby iecurrng military fidelity and zde. The re- 
 cords
 
 21 HISTORY OF THE 
 
 "cords of Palatinate Courts affure us of the regular 
 practice, though filent as to the political motive. 
 Such documents invariably prefent a correct epitome 
 of Englifh Law, whilft the royal courts in the capi- 
 tal preiented the fame fyftem on a more enlarged 
 fcale. 
 
 No Inn of Court, it is true, had ever been ef- 
 tablimed in Ireland" for elementary fludy, or legal 
 degrees, nor was any idle dream of national inde- 
 pendence in early ages echoed through this king- 
 dbm, but as extremes ever produce their oppofite, 
 that legal prefumption fprung from a principle equaU 
 ly unfounded, external legifiative fupremacy. Un- 
 der the preffure of the latter pofinon anomalous to 
 general liberty and Englifh. Law, the form and fub* 
 fiance of a transferred legal model mud be conli- 
 c'iered as fubordinate and infecure, though enjoyed 
 by the blended coalition of gallant adventurers, or 
 privileg,ed natives. 
 
 Wealth and Commerce are, to a certain degree, 
 extremely valuable ; the former difpenfes perfonal 
 comfort, and the latter extends national civilifation. 
 But patriotifm cliiTolves thefe powerful ties, when in,. 
 confident with national honor, or, what is more 
 juftly dear to the human race, the permanent inte- 
 reft of defendants. Our predeceiTors were fortu- 
 nately unacquainted with fuch corroding queflions, 
 and faw nothing in the practice of Englifh Law, but 
 a juft object of imitaiion, with a cpnftitutional claim 
 to its full enjoyment,* Even Milefian natives rofc ft- 
 
 perior
 
 KING'S INNS. 23 
 
 perior to the prejudices of- local education, and jufl- 
 ly attraft the admiration of our time, by a repeated 
 felicitation of Englifh legal privileges, and a fettled 
 regret or difcontent at its rejection, by an unwife 
 and corrupt Government. 
 
 Succeeding policy feemed equally abfurd, which 
 could hope for the grateful or animated attachment 
 of Irimmen, and yet infult their judgment and loy- 
 alty, by giving a different extent or conftru&ion to 
 legal principles and maxims, in the two kingdoms. 
 Altered manners will have a fuitable effect, and Eng- 
 land be revered as the common temple of legal free- 
 dom, whilft the fubjecls of its extended Empire are 
 permitted to enjoy equal and acknowleged privi- 
 leges as their undoubted and inalienable inheritance. 
 Without this fixed fentiment at the feat of govern- 
 ment, fplendid conquefls, or extended -commerce, 
 would accelerate public ruin, and involve Englifh 
 freedom in the melancholy wreck. Surrounding 
 nations of Europe in the preceding manner ex- 
 changed feudal independence for a defpotifm fanc- 
 tioned and fupported by the comments and autho- 
 rity of external legal codes, 
 
 ' Whilft Irifli and Britons, foreign Laws defpis'd, 
 
 " Still kept unconquered, though uncivilis'd, 
 
 " Attached to native rights, and uncontroul'd, 
 
 They ftill defied tbe Romans as of old." 
 
 But nothing fortified national freedom more than 
 the flrength of Monarchy which hud fortunately 
 
 been
 
 4 HISTORY OF THE 
 
 been eftablimed in England from the death of Ste- 
 phen, with power fufficient to awe ariftocracy, con- 
 troul facerdotal craft, and fupprefs popular infur- 
 reclion : legal pradicers thus became the referved 
 guard of national freedom, and created or extended 
 thofe falutary comments which preferve inviolate the 
 refpeclive rights of King, Nobles, and People. 
 Many of thofe ancient maxims were incorporated in 
 our Statute Book under Edward I. but the common 
 Law attained the pinnacle of collegiate perfection in 
 the reign of Edward III. ; as its principles and prac- 
 tice uniformly prevailed through an extenfive king- 
 dom, an opulent and powerful body was fuftained 
 in public ftation, or by the active exercife of pri- 
 vate profeffion. 
 
 Befides, an infular fituation gave occafional inter- 
 miffion to military exertions, during which periods, 
 a confiderable acceflion accrued, of perfons digni- 
 fied by hereditary rank, family, and fortune. Thus 
 a tafte, for legal knowledge was diffufed through the 
 realm ; and national councils enlightened, not by 
 an inconfiderate adoption of foreign Law, but a 
 calm review and melioration of Britifh legal maxims 
 under the fanction of appropriate comments, or fta- 
 tutable authority. 
 
 This fortunate coincidence fecured to the Mo- 
 narch an exemption from papal power, and to the 
 great body of the people the ineftimable bleffing of 
 civil freedom ; the legal body even acquired an ad- 
 ditional incentive to underftand and improve their 
 
 par-
 
 KING'S INNS. 55 
 
 particular ftudy, and thereby elevate the national 
 code beyond the cavils or criricifm of Canoniits and 
 Civilians. The free fpirit of Englifii Law prevented 
 any engagement of its profilers in tfate affairs, or 
 any courtly commentaries fubverfive of general pri- 
 vileges. The human mind, confined to one pro- 
 fefiiuiial purfuit, exercifed unfpent ftrength in its il- 
 luftration and fupport. Peribnal freedom, and trial 
 by Jury, which were unknown to the Civil or Canon 
 La\v, became from that motive, as well as their in- 
 trinfic excellence, the favourite theme of common 
 Lawyers ; fiction was rendered auxiliary to fact, and 
 fophiltry to reafon, in {lengthening thefe great 
 bulwarks. National vanity alfo contributed to cir- 
 culate the unadulterated ufages of England, and to 
 reject as a badge of dominion, the gloifes of foreign 
 fyflems. 
 
 Among the few men who united a complete 
 knowledge of the three codes, the Common Law 
 preferved a proper afcendancy over the mind j thus, 
 the fuperior regularity of the two former was prefled 
 into the fervice of the latter, and the principles, as 
 well as maxims of defpotifm, foftened and rendered 
 fubfidiary to the caufe of freedom ; we even fee the 
 claffic language of each, not only incorporated with- 
 out mischief, but to important ule. 
 
 The reader mull here permit me to pay that re- 
 fpecl fo well deferved to the venerable made of Brae- 
 ton. That great Lawyer and honed man ranged 
 through the civil Law, untainted by its doctrines, un- 
 moved
 
 i6 HISTORY OF THE 
 
 moved by the fafhionable folly of his time, " Among 
 the many faithlefs, faithful found,'* he had the 
 fenfe to difcern, and the fpirit to reject, the gilded 
 bait of defpotifm : if he imitated cotemporary prac- 
 tice in quoting that celebrated code, his genius fur. 
 rufhed an antidote to the poifon, his comment cor- 
 rected the text : like an able chymift, he extracted 
 healing medicines from the moil deadly roots. In 
 fubfequent periods, Lyndewode and Smith, equally 
 learned in foreign codes, reviewed the legal polity of 
 England, in works alike fraught with Roman fpirit, 
 .and Britifh freedom. 
 
 The reign of Edward III. is therefore as memora- 
 ble for an illustration of Englifh Law, the prohibi- 
 tion of improper exports, and a due encouragement 
 of infant manufacture, as for chivalrous gaiantry, 
 and unconquerable military fpirit. The genius of 
 thefe great Moriarchs was infufed into the councils 
 of Ireland, and remaining records attelt the purity 
 and perfection of legal practice in each period. 
 The Statute Book, however, appears a blank, not- 
 vvithftanding the frequent Parliaments held, and fe- 
 veral Statutes enacted in each reign. But hiftory, 
 in that refpect, fupplies the chafm, and authenticates 
 legiilative provifions of a fmgular kind, 
 
 Be it fufficient here to remark, that Irifli prac- 
 ticers felt the full force of Englifh habits and infli- 
 tutions, and therefore, as early as the reign of Ed- 
 ward I. adopted a collegiate connexion, which was 
 
 extended
 
 KING'S INNS 27 
 
 Extended and confirmed in the time of his illuftrious 
 grandfon. 
 
 No account has reached our time, though -fuch 
 may exift among the concealed or mutilated records 
 of the realm, whether the Crown gave the legal bo- 
 dy any fcite for collegiate refidence during the 'go- 
 vernment of the Plantagenets. In truth, an oppo- 
 iite prefumption arifes, as no recital of that kind 
 occurs in the grant of the King's Inns. -However, 
 convenience, as well as imitation, ted Irifh Judges 
 and Practicers to a voluntary aflbciation, wherein, 
 with becoming integrity, they adopted as much of 
 the original inflitution, as correfponded with their 
 local flarion : fmallnefs of number forbad a fepara- 
 tion of Judges and Barriflers, which was alfo un 
 neceifary, as no legal degrees were conferred in thi 
 country. The whole body Mill continued a 'part of 
 the Eugliih focieties, and their conduct as to inter- 
 nal propriety was lubjetl to that infpeclion, with a 
 right of appeal to the prefcriptive vifitorial authori- 
 ty of the Judges at Weftminfter. 
 
 The preparatory courfe of ftudy in that country 
 fecured a fimilirude of fentiment on this important 
 point : had any jtortion thereof been aflig-ned to Ire* 
 land, a popular prefumption muft gain ground, that 
 the completion hrre would be equally ufeful. The 
 procefs or interpretation of law may be thus infen- 
 fibly varied, and a reparation of the kingdoms ef- 
 fected, whenever public calamity or mifgovernment 
 gave rife to defpondence or diicontent. It was wor- 
 thy
 
 23 HISTORY OF THE 
 
 thy of Engliih uifdom and Irifh loyalty, to avoid that 
 
 dangerous rock. 
 
 An Irifn Inn of Court was therefore eflabliflied 
 in the reign of Edward I. for this laudable purpofe, 
 and fubordinate connexion ; it was called ColleU's 
 /;///, and lay outfide the walls of the city, where 
 Exchequer and South George's-ftreet now (land. 
 In that precinct the fuperior Courts of Juftice were 
 alfo held, furrounding Palatinates or Irifh Chiefries 
 rendered the active duties of the King's Bench and 
 Common Pleas very trifling. The equitable jurif- 
 dicHon of Chancery did not then exift, or at leaft 
 had no extenfive fubjecl: matter to operate upon - 
 whilfl an appetite for revenue gave to the Exchequer 
 ample and conftant bufmefs. 
 
 An incident extremely natural to the exifling go- 
 vernment of Ireland, and its profcribed opponents, 
 difturbed the peaceful dhTonance of this legal tribe 
 a band from the Wicklow mountains watched an 
 opportunity, whilil the Deputy and a greater part 
 of the garrifon were on a military tour, and con- 
 cealing themfelves in thick woods to the fouthward 
 of Dublin, unexpectedly entered, plundered the 
 Exchequer, burnt the Records, and flew the un- 
 armed and unprepared inhabitants. This fmgular 
 3 iid lucceisful attack will remind the ckiilic reader 
 that about the fame period an equal misfortune af- 
 ftcled the profeilion at the Temple, and in France 
 deitroyed every veilige of civilifation and fcience at 
 the provincial feminaries t of juridical learning. For 
 
 military
 
 KING'S INNS. 29 
 
 military marauders and mobbifh rioters have \vith 
 uniform acrimony, in every age or country, borne a 
 rooted hatred to literary muniments and legal efta- 
 blimments. However, the capital of each kingdom 
 fortunately efcaped the general mock. 
 
 By the preceding event, legal Praclicers were dri- 
 ven within the walls of the city, and fuperior Courts 
 of Juftice held at the Caftle, and even at Carlow, 
 which was then confidered an impregnable fortrefs, 
 on the fouthern frontier of the Englifh Pale. This 
 removal of fupreme national Courts from the capi- 
 tal, and each other, mutt have fatal effects upon the 
 legal habits and the collegiate connexion of Judges 
 and Practicers. Correct arrangement of judicial 
 decifion would fhortly evaporate from the Bench, 
 and fettled ignorance, upheld by loquacious pre- 
 fumption, fuperfede claffic tafte or profeffional talent 
 at the bar. In this manner municipal barbarifm 
 muft be ancillary to monkifh craft, in refitting the 
 movements of civil or religious reform under Henry 
 VIII. Yet Ireland owes its efcape, not to the po- 
 litic forecalt of an irregular and corrupt govern- 
 ment, for the mifebief was fuperfeded and fiipprefied 
 by the judicial influence and revered character of an 
 enlightened individual. Thus there fortunately arofe 
 in the profeffion one of thofe eminent men, who 
 with unerring certainty arreft the applaufc of poftd- 
 rity, and appeal to irs impartial verdicl: from the in- 
 terefted neglect or miftful errors of cotemporaries. 
 This is the true triumph of perfonal merit ; what 
 bears its iieetirtg image cannot be long upheld by 
 
 flattery
 
 IB 
 
 flattery or power, whilft the fterling ftam'p tnefio 
 rates by time, and becomes immortal. In this ^me- 
 morable clafs Sir kobert Prefton, Chief Baron of 
 the Exchequei under Edward III. deferves a fettled 
 ftation. Profoundly learned in his, profeffion, in- 
 flexibly juft in the exercife of judicial duty, and 
 highly heroic in defence of the country, wealth, 
 power, and rank, were only eflimable in his eye, a* 
 they adminiftered to the luxury of doing good. 
 This honeft, brave, and enlightened patriot, difln-* 
 tereftedly affigned to the legal body his roomy refi- 
 dence, which thence took the name of Prefton's Inn, 
 It occupied thatfpace of ground whereon the Royal 
 Exchange and adjacent houies in Parliament-ftreet 
 now ftand, and extended very near to the Liffey,- 
 In this pofition Judges and Barrifters were lodged 
 for two centuries, tjie buildings modified at their 
 private expence, and the fociety upheld in collegiate 
 form without* external oflentation or internal cor- 
 ruption. 
 
 A difturbance arofe, which was not forefeen by 
 the generous donor ; he left a certain part of the re- 
 fidence to his brother, (Sir Robert died without 
 iflue) whofe family were raifed to the peerage, Dif- 
 putes arofe about this undivided property ; for 
 though ground in the country fcarce bore any pro- 
 portioned value or income to what it produces at 
 this time, Pontage, Murage, and above all, the fecu- 
 rity of a walled town, gave an higher price to the 
 fcite of houfes within that protected circuit, fuch as 
 n a fuperfkial view mufl appear extravagant, or 
 
 even
 
 KING 3 INNS. 31 
 
 even furprifmg thus, political problems are clearly 
 explained, and apparent contradictions reconciled 
 by an accvirate companion of the flate of fociety in 
 different periods. 
 
 Government lent its aid to the noble Peer, and 
 even the public voice declared, that if the limits 
 were doubtful, Prefton's heir was intituled to the 
 debateable ground ; that invisible body, called the 
 legal profeffion, had a fucceffion of feeble iupporters 
 within itfelf 5 the leading members preferred the fpe- 
 cious friendmip of wealth, rank, and power, to 
 the ftern and unbending integrity of perfonal honor 
 or public fpirit. By fuch criminal complaifance, en- 
 croachments were made, and the legal precinct gra- 
 dually narrowed, thus making a precedent to fanc- 
 tion the' more atrocious corruption of fucceeding 
 times. 
 
 Public evils, however, fometimes referable private 
 misfortunes, which frequently lay the foundation of 
 permanent improvement, and perfonal profperity. 
 State policy rendered it inconvenient to hold the 
 Courts of Juftice within the Caftle, as thefe cham- 
 bers were required for military refidents a;id their 
 necefiary accommodation. This circu.nitance led to 
 that great meafure \\nr.h was n.doprcd in 154-2. The 
 termly feffions of rb- ;re removed 
 
 to the diflblved n or i the Dominicans on, the 
 
 northern fide of the LifTey. The private apartments 
 of that wealthy brotherhood often hospitably accom- 
 modated illuflrious foreigners, and were deerru'd 
 
 fuitable
 
 32 HISTORY OF THE 
 
 fuitable to the legal eftablimment. Thus, as if by 
 an ominous concurrence of caufes and events, that 
 learned body which firfl read leclures on foreign 
 laws in England, and introduced them into Ireland, 
 funk under the more ufeful afcendancy of the com- 
 mon Law, and its enlightened profeflbrs. In the 
 fame memorable year, the Lord of Ireland affumed 
 the more congenial title of King. For though no 
 enlarged power accrued, perfonal pride was flattered, 
 and national prejudice indulged. As the principles 
 of human nature never vary, however diverfified or 
 fugacious its manners, we fee at this moment, the 
 arrogant feelings of Auftrian pride, and profound 
 diflimulation of Italian policy, bending to a fimilar 
 end. 
 
 Government made it an implied condition with 
 the fociety, to releafe to the Prefton family its re- 
 maining or interrupted rights. Gratitude combined 
 uith policy in complying with that proportion. The 
 public voice affumed the legal habit of both iilarids, 
 and gave to, the newfcite an appropriate appellation 
 of its founder, and in this manner termed it King's 
 Inns. Gray's Inn, parcel of a diffolved monaflery, 
 was granted in the fame year to the legal body in 
 England, whereby that learned feminary exchanged 
 the fituation of Tenant for that of Proprietor. Thus, 
 Law which is fo generally the humble handmaid of 
 religious fyftems, and the energetic organ of exift- 
 ing power, was enlifted in both kingdoms by the po- 
 licy of Tudor, to uphold his civil authority, and 
 perpetuate his religious creed. 
 
 That
 
 I7-K3. 33 
 
 That magnanimous Prince had beams of good 
 Fenfe which conflantly dontrouled his rough and 
 boifterous temper, and enabled him to confult a pro- 
 per political intereft in every great crifis of his reign. 
 The ufurpatiofts of papal power were more odious 
 to him than any principles inculcated by the Roman 
 Catholic religion ; he knew that the latter were con- 
 fidered merely as an inftrument of Government by 
 the papal cabinet, a motive more permanent and 
 perfevering, than what flows from religious bigotry 
 or zele. England exhibited ftrong difcontent, and 
 created confiderable alarm by repeated infurreftions. 
 Such was the deluded attachment of its inhabi- 
 tants to papal fupremacy, and the exiftence of reli- 
 gious houfes* This country required (till nicer ma- 
 nagement, with a delicate regard to its civil fitua- 
 tion, and the fettled influence of an Irifh prieft- 
 hood. 
 
 The uniform current of Englifh chronicles or an* 
 rials had founded the Plantagenet claim to Iriih do- 
 minion on a papal grant. Government, fatisfied 
 with the exercife of regal right, did not difavow that 
 infclent transfer. There was an equal foundation in 
 Law or Juflice for -the revocation as the original 
 gift. The' impudent practice of that crafty Court 
 did not efcape Henry's fagacity ; , he therefore natu- 
 rally expected refinance in a nation whofe fervile 
 devotion could not be (hook by the Bull of Adrian. 
 
 The joint Government of England and Rome 
 \v;i '}' agreeable to popifli pridts, whih't each 
 
 D Cabinet
 
 34 HISTORY OF THE 
 
 Cabinet feconded the domeftic influence of the 
 Church. The Proteftant religion counteracted this 
 ancient and eftablifhed union, and was likely to 
 change a great majority of clergymen, from being 
 the willing inftruments of order "or fervility, into 
 active miilionaries of fedition and treafon. 
 
 Exclufive of the interefled zele of fecular priefts, 
 there were at that time ten thouland regulars in the 
 ifland, a fmgular and celebrated order of men, 
 whofe education and conduct appears to contradict 
 their apparent inftitution and end, Precluded from 
 the pofleffion and enjoyment of property, their ava- 
 rice ceafing to be perfonal, acquired a corporate 
 ftrength. Separated from the bufmefs of fociety, 
 an unabated ardour animated them to direct the ex- 
 ertions of mankind. On the reformation, monks 
 ilarted from the fomnolence of centuries, and aflum- 
 ed an activity fuited to the new order of things ; a fu- 
 perflitious, warlike, and unlettered nation afforded 
 them ample materials to work upon with what fuc- 
 cefsful effect, Irifli Hiftory furnimes a melancholy 
 proof! The fair fex alfo added four thoufand imprerTed 
 or deluded innocents to the preceding catalogue: even 
 when"infulted nature vindicated her rights," andfuch 
 victims were thereby led to the altar of Hymen, the 
 prejudice of education and profeffion generally in- 
 duced them to atone for apoflacy by inflilling into 
 their children an awful obedience to the Roman 
 Pontiff, and fealing fmcere repentance by a death- 
 bed relapfe. Such was the advanced guard of Tu- 
 dcr's religious enemies, a body too numerous to be 
 
 allured
 
 KITTYS INNS. 35 
 
 tillured by intereft, and too bigoted to be influenced 
 by reafon, voluntary flaves to the author of their 
 ruin, papal fupremacy has been upheld by nuns and 
 monks with a zele equal to what animates eunuchs 
 in defence of an eaftern feraglio. 
 
 A feceffion equally ardent and extenfive in the 
 legal line would give Government its mod formida- 
 ble internal enemies, the miniflers of religion and 
 Law. Henry was aware of this double danger^ 
 therefore wifely determined to weaken and divide 
 the blow. A fuppreffion of abbeys enabled him to> 
 reward the wants or avarice of courtiers in his fer- 
 vice, and thereby animate them by felf-intereft to 
 fupport the riling policy of his reign ; fimilar wif- 
 dom fuggefted, that it was proper in public, as in 
 private life, to anticipate and defeat the projected 
 deiigns and malignancy of enemies by early and 
 energetic activity. In afluming a name correfpon- 
 dent to his rank, he mewed furroundirig nations his 
 influence over Iriihmen ; in ftrengthening the ac- 
 cuftomed habit of their legal education by flatuta- 
 ble authority, he pointed to all his fubjects the ex- 
 pected meafure of their obedience, that Englifh 
 Law was to be known, practiced, and enjoyed 
 through all his dominions. Whilfl his manly fpirit 
 proved to civil and religious tyrants on the continent, 
 that thus armed and animated, an Englifh Monarch 
 has inexhauftible refources and unfhaken ftrength ; 
 to effectuate thefe politic and generous purpoies, 
 that wife and warlike King approached an Irifh Par- 
 D 2 liament
 
 36 HISTORY OF THE 
 
 liament thus refpefting its legal confb'tution, and 
 recognifing the national independance. 
 
 In this manner the public voice declared, that the 
 hereditary Lord of Ireland was, and of right ought 
 to be, its King, A pretended conqueft^ or the 
 more oppreffive ufurpation of a papal title, were 
 hereby trampled under foot. The Statute alfo con- 
 demned with equal precifion and energy the fubfe- 
 quent treafons which flowed from either fource. 
 Wife and confiderate men will not impute it to pro- 
 feflional pedantry, if I affirm, that the uniformity 
 of legal education in both ifiands was equally im- 
 portant to the immediate ftrength of his Govern- 
 ment, and the growing profperity of both king- 
 doms. Such alfo was the opinion of an Englim Ca- 
 binet, and Irifh Parliament. To prevent a perver- 
 fion of Common Law,, that declaratory Statute was 
 made, by which perfons intituled to practice at the 
 Irifh Bar muft be, previous thereto years refiant 
 at an Englim Inn of Court ; for it was not thought 
 fit, that any man mould profefs the Law in Ireland 
 under an inferior or different courfe of ftudy from 
 the Englifh Barrifter, in which country no man can 
 be admitted to pra&ife as a Lawyer, before he hath 
 been called to the Bar ; it has therefore been ruled 
 by folemn judicial decifion, " that by the courfe of 
 the common Law, a man may not give council or 
 advice, until he hath been called to the Bar, not 
 even though he hath letters patent enabling him to 
 do fo, as fully as if he had been called to the Bar," 
 And all the cufloms and ufages of making Barrif- 
 
 ters,
 
 .KING'S INNS. 37 
 
 ters, Benchers, Serjeants, and Judges, are part of 
 the common Law of the land, fanftioned by the 
 moft early writers, recognifed by fuch intermediate 
 fages as Fortefcue, Phwden, Coke, Dyer, S el den. 
 Bacon, Noy, and Hale, and uncontradi&ed by any 
 of its numerous, fanciful, hardened, and impudent 
 mi [interpreters. 
 
 Not is ar.y rule of civil right and order in the 
 Englifh code more agreeable or conforiant to that 
 perfoft reafon, which it is the glory of the common 
 Law to refemble. It accords with Juftice, upholds 
 the Monarchy, flrengthens Parliament, and fecures 
 tht liberty of the Subject. As a juft difplay of na- 
 tional pride be it alfo affirmed, that there is not any 
 country in Europe, where any fpecial degree is given 
 in the municipal Law, but only the realm of Eng- 
 land. And though there is no Inn of Court in Ire- 
 land upon Englifh principles, nor degrees conferred 
 of Benchers, Serjeants, or Barrifters, yet the prin- 
 ciples of the common Law extend to Ireland, and 
 are the inalienable inheritance of all its inhabi- 
 tants. 
 
 Until the 28th of Henry VIII. no oath, except 
 that of allegiance, was required from the fubjecl, 
 nor was that neceflary to official lituation, as the 
 Law prefumed it engraven on the heart of every 
 fubjecl: : but it was doubtful whether an Englifh 
 Barrifter had a right to be called to the Irifh Bar 
 without leave from the State, and it alfo was affumed 
 as an appennage of the Irilh Viceroy and Council 
 
 to
 
 3g HISTORY OF THE 
 
 to admit perfons to legal practice without having 
 been members of an Englifti Inn of Court to cor- 
 rect the former doubt, and fupprefs the latter ufur- 
 pation of common Law authority, the above Sta- 
 tute was enacted, by a violation of which, an Iriili 
 Viceroy or Chancellor would incur impeachment, 
 imprifonment, or death, in which folemn difcuffion 
 the pooreft Corniili borough would be a fortrefs of 
 Irifh freedom, and its honeft or enlightened repre- 
 fentative the vengeful opponent of a public wrong : 
 for what could be greater than a mifconflruclion of 
 this well weighed and ufeful Statute, by which a 
 fucceffion of practicers has been fecured for the 
 common benefit of both countries, verfed in the 
 Laws, and attached to the Government of Eng- 
 land. 
 
 A legal fyftem, thus improved and protected, me- 
 rited the countenance of a wife and learned Prince. 
 Henry therefore granted to its profeflbrs for refi-r 
 dence, the faid monastery of Friars Preachers, with 
 the grounds appurtenant thereunto in the following 
 form, as faithfully tranflated from the original 
 grant : " In the 33d year of Henry VIII. the King 
 demifed to - John Allen, Chancellor ; Sir Gerald 
 Aylmer, Chief Juftice of the King's Bench ; Sir 
 Thomas Luttrell, Chief Juftice of the Common 
 Pleas ; Patrick Whyte, fecond Baron of the Ex- 
 chequer ; Patrick Barnewall, Serjeant of the King ; 
 Robert Dillon, Attorney General ; Walter Cowley, 
 Solicitor of the King ; and to the other Profeffbrs of 
 the Law, the monailery or houfe of Friars Preacher 
 
 nea
 
 KING'S INNS. 39 
 
 near Dublin, and the fite, circuit, ambit, and 
 precinct of the iaiu monaftery and church, with the 
 ileeple and cemetery of the fame, -together with 
 all the mefiuages, edifices, mills, orchards, gardens, 
 lands, tenements, and other hereditaments whatfo- 
 ever, with the appurtenances of the faid monaftery 
 or honf" ; likewile fifteen mefluages, with the ap- 
 purtenances, in the parim of St. Michan's, within 
 -the franchifes of the city of Dublin. One 
 meffuage, with the appurtenances, in- the flreet 
 called Patrick-ftreet ; one mefluage, with its appur- 
 1 nances, in the ftreet called New-ftreet, and the 
 i ioiety of a certain meadow called Ellenhorfe-mead, 
 ocherwife Gibbet's-mead, with the appurtenances, 
 L: 'he county of Dublin, and all other profits, pof- 
 feiMons, and hereditaments whatfoever, with the 
 appurtenances in Dublin, and the fuburbs of the 
 jfaid city. 
 
 This grant refembled the Statute : it was tempo- 
 rary and experimental, being but for a term of 
 twenty-one years ; however, the Society was there- 
 by interefted iu the eftablimment of the Proteftant 
 religion, and a complete fuppreffion of religious 
 houfes. The preceding mode was conformant to 
 found policy, which mult ever direct an enlightened 
 government to give eafe and dignity to legal pro- 
 fefibrs, and to continue the bounty, until fo impro- 
 bable a circumftance may occur, as that the body at 
 large mould, by perfonal or general ignorance and 
 corruption, juftify a forfeiture. The effect ought 
 alfo to be tried upon a temporary, and not a perpe- 
 tual
 
 4O HISTORY OF THE 
 
 tual plan, left a fettled inheritance may induce lead- 
 ing men in the profeflion to anticipate the profli- 
 gacy of fubfequent times, and divert to family for- 
 tune, or friendly patronage, the politic bounty of the 
 Sovereign. 
 
 As every age is marked by peculiar manners, the 
 Court affumes the general tinfture, often acquiring 
 inordinate power, and frequently finking into un- 
 fuitable diftrefs. Henry's reign was diflinguimed by 
 an uncommon acceffion of property, which was as 
 profufely distributed, as it had been profligately ob- 
 tained. Jutlice exacts an acknowledgment that ma- 
 ny fplendid and ufeful foundations thence arofe in 
 the fitter kingdom, in which active induftry and ex* 
 tenfive learning fuperfeded fettled floth and gloomy 
 fuperftition. Private perfons alfo benefited the 
 State by fuccefsful felicitation. Such grants were 
 more promptly and permanently improved, than if 
 they remained in the hands of the Crown, and the 
 balance of the Conftitution reftored in favour of its 
 original fundamental part the Commons. Had the 
 Stewarts wifely weighed this return, and thereto 
 adapted their admiriiftration, fimilar blefFmgs might 
 await that ill-fated race to what has adorned the 
 Houfe of Brunfwickj or at this moment elevates the 
 character of George III. and gives to him the legi- 
 timate defpotifm of a Britim Monarch a right to 
 reign in the hearts of a Free People. 
 
 The civil and religious fituation of - Ireland for- 
 bade its receiving equal advantage from the bounty 
 
 or
 
 KING'S INNS. 41 
 
 or beneficent difpofition of a wife or heroic Sove- 
 reign. The interefted views of a Viceroy, and his 
 venal cabal, monopolifed for temporary profit, or 
 permanent provifion, the Crown's immenfe acquifi- 
 tions. The patriot purppfes which in England ge- 
 ijerated important and encreafmg improvements were 
 obftructed or neglected in Ireland, where courtly 
 craft directed partial patronage, to fatiate the ava- 
 rice of hungry courtiers, or unlettered military ad- 
 venturers. Such impolitic and indifcriminate bounty 
 engendered difcontent, encouraged ufurpation, and 
 difpofed many fettlers to look for landed property 
 through the medium of public convulfions, and 
 amid all the horrors of civil wars. 
 
 Political principles require certain time to ripen, 
 and then produce an unerring effecl:. Thus, the 
 Stewarts funk under the evil practices which were 
 fanctioned by the Plantagenets, or the defpotifm 
 refuldng from the impolicy and mifgovernment of 
 the Tudors, but which that ill-fated line had neither 
 courage to controul, nor wifdom to foften. A Govern- 
 ment and Nation materially differs as to political 
 events ; the former, if weakly conducted, yields 
 to the growing temped ; whilft the latter, Itrength- 
 ened by population and courage, braves the inju- 
 rious preilure, and finally weathers the incumbent 
 ftorm. In this manner Ireland has grown to a corn- 
 par advely gigantic ftrength, though the munificent 
 bounty of the Crown has been often unwifely with- 
 held, and (till more frequently mifapplied. 
 
 An
 
 HISTORY OF THE 
 
 An eftablifhment of the King's Inns Society, with 
 a concurrent Statute, enforcing Irifh legal education 
 at Engliih Inns of Court, forms a folid bale for the 
 character of Henry to reft uppn as King of Ireland. 
 This (lately monument, impervious tc the corrofivc 
 malignity of religious hate, or the perilhable fickle- 
 nefs of political fyftems, muft prefent him to impar- 
 tial pofterity, as an enlightened Legiilator, profound 
 Statefman, and patriot Prince. From that refined* 
 though remote fource, alfo flows the ineftimable 
 bleffing, which Iriihmeii now enjoy in an acknow- 
 leged legal participation of the Britim Conftitution, 
 Yet this communion of legal maxims and legiflative 
 privilege will be incomplete and uncertain, if the 
 feat of education for Law Students be not 
 exciufively and irrevocably fixed in London. Mo^ 
 dern King's Inns innovation, equally hoftile to ex- 
 iiling Law or permanent imperial Union, exhibits 
 a prominent political vice in prefuming to deviate 
 from that falutary plan. 
 
 Jhe reader muft again revert to the flate of Ire- 
 land and the fituation of this capital in the fixteenth 
 century, or he will not fufficiently appreciate the 
 value of the Royal grant, and its profeflional conve- 
 nience. A facerdotal annalift has been cenfured for 
 farcaftic exaggeration, when he affirmed Dublin to 
 fwarm with friars, as Egypt in plague time did 
 with frogs ; but no offence can be given to the 
 friends of decency or truth by reprefenting the cle- 
 rical body as greater in number than the merchants 
 then relident in the Irifii Metropolis. If the honeft 
 
 pride
 
 KING'S INNS. 43 
 
 pride of patriotifm feels humbled at this infant ap- 
 pearance of Irifh trade, the legal eftablifhment at 
 leaft bore a proportionable fcale to the comparative 
 fize of each kingdom, and was greatly fuperior to 
 any fuch fixture in Scotland. 
 
 In that ancient and warlike country, its enlight- 
 ened inhabitants did not at that period attain as ex- 
 tenfive a profeffional fettlement nor a judicial fyfteni 
 equally correct. The Court of Seffion was but re- 
 cently conilituted upon the model of the Parifian 
 Parliament, and had not been practically or poli- 
 tically purified to that perfection of legal fymme- 
 try and judgment which gives it at this moment an 
 high and merited character among the judicial in- 
 flitutions of mankind. But as Criminal Juftice is 
 necefifury to preferve and perpetuate the bleffings of 
 property, the Scots Court of Judiciary favoured at 
 that time too much of feudal barbanfm, to fecond 
 Royal duty, by an impartial and vigorous execution 
 of Law ; nor was the Sovereign constitutionally en- 
 abled to difpenfe equal protection to the great body 
 of his people. 
 
 Ample amends have, however, been made, for 
 original defects by national wifdom and the profef- 
 fional exertions of Scots advocates. No legal body 
 in Europe has produced a greater number of en- 
 larged and elaborate works, though an attentive and 
 impartial perufal mud make an English or Irifli 
 Lawyer feel and lament, that the Scots code is not 
 entirely uninfedted with maxims of feudal vaflalage 
 
 or
 
 44 ' HISTORY OF THE 
 
 or imperial defpotifm. Yet the genius of that peo- 
 pie and their eminence in arts or arms, have not 
 (at lead fince the Union under Queen Anne) there- 
 by felt any material injury or depreffion. Such is 
 the natural effect upon a wife or warlike race of 
 fettled national independence, or an equal and ac- 
 knowleged incorporation. 
 
 Ireland, from a fimilar temper in its inhabitants, 
 muft have made a proportioned progrefs ; but a Go- 
 vernment alternately feeble or tyrannical, conflantly 
 bent under the preflure of corruption, fervirude, or 
 independence, and prefented to the inhabitants a 
 premium for partial fupport, without difpenfmg cor- 
 refpondent encouragement to legal integrity, liberal 
 policy, or perfevering patriotifm : thus, the vices of 
 the people flowed from a barbarifm in Government, 
 and became refponfive thereto. Thefe principles 
 forcibly illuftrate the reigns of the Tudors, and 
 prevent fuch an heroic race from exhibiting the full 
 luflre of their character in the Hiftory of Ireland, 
 \vhilft a feebler line of fucceeding Princes merely 
 manifefted craft and courage fufficient to involve 
 Irifh degradation with their own. 
 
 Meantime our oppreflfed countrymen were only 
 enabled to ufe, underftand, and explain the genuine 
 fpirit of Englifh Law from the acceflion of King 
 William, or have fucji exercife acknowleged and 
 upheld by furrounding fellow fubjefts in the reign 
 of our prefent amiable and excellent Sovereign. 
 Under the influence of fuch hereditary mal-praclice, 
 
 the
 
 KING'S INNS. 45 
 
 the reigns of Edward VI. and his fifter Mary, equally 
 difplay a total difregard to Englifli Law in Ireland ; 
 and prove, that religious tenets were circulated from 
 a paffion for property, with an appetite for plunder, 
 whilft hypocrify concealed its pretences under ma- 
 lignant zele, and upheld among trampled peafants 
 or felfifh adventurers the unintelligible jargon of 
 feftarian difputes, by the permanent tenure of pro- 
 perty and power which hung thereon. 
 
 The firmnefs of Henry's character in Ireland ap- 
 pears evident by the general and inftant revolt which 
 threatened the dawn of a Minor's reign. Elective 
 chiefs of Milefian race were feduced or awed by 
 Henry to accept the defcendible rank of nobility, 
 whereby paternal feelings fuperfeded family pride, 
 and a power derived from Brehon law or native 
 cuftoms was wifely directed to its complete fubver- 
 fion. Such alfo was the progreflive flrength of that 
 principle, that the government of the young Prince, 
 aided. by thofe interefted nobles, quickly enforced a 
 general obedience. It alfo affamed a legal pofition, 
 highly meriting notice in an hiftory of this kind, 
 and which partook alike of the policy and jurtice of 
 Englifh Law. The Privy Council or Superior 
 Courts encouraged the complaints, and redrelfed the 
 grievances of dependan' Jrifh. fepts. This fagacious 
 fyftem rent alunder the link of Milefian union, 
 and enlifted, at no expence, inveterate enemies to 
 its continuance : perfons acquainted with the habits, 
 prejudices, and language of the inferior clafles, were 
 thereby interefled to exercife all fuch influence in 
 
 exploding
 
 4.t> HISTORY OF THE 
 
 exploding cuftoms variant from, or hoftile to, the 
 Common Law. 
 
 Had preceding Monarchs adopted a fmiilar fyftem 
 and fuftained the practice with good faith or huma- 
 nity, Ireland would be completely connected with 
 England under the Plantagenets, and an uniformity 
 in religion, flrengthen the legal union of both 
 iflands at the reformation. A weaknefs and vice, 
 limilar to that of Milefian manners, relulted from 
 the power given to Strongbownian chiefs, who., 
 upon a change in the religious fyftem, trembled for 
 their landed property, or the continuance of politi- 
 cal rank, and therefore oppofed the legal eftablifh- 
 ment with determined firmnefs, or feparated there- 
 from with contemptuous difdain. 
 
 One fcene in Edward's reign confirms the pre- 
 ceding remarks : the Lord Treafurer, Defmond, 
 refufed to attend the government in Dublin, and the 
 Viceroy was obliged to invade his territories, and 
 arreft his perfon. The applaufe which attended 
 this fuccefsful enterprife, equally exhibits the power 
 of that feudal chief, and the weaknefs of Govern- 
 ment, with its uncertain reliance upon furrounding 
 Palatines. The event alfo correfponded ; for that 
 nobleman was rather foothed than punifhed, and 
 remitted to his principality in full pofleffion of office. 
 Thus, as in later times, the legal conftitution of 
 Ireland was trifled with, and an high judicial cha- 
 racter permitted to counteract, by oppofition or ab- 
 
 fence,
 
 KINO'S INNS. 47 
 
 fence, the duties of an important and laborious 
 ftation. 
 
 Religious difputes did not, during this reign, en- 
 force any material variation from exilling Law, or 
 much inflame the civil diforders of the country ; 
 but a new Sovereign affumed the fceptre, whofe per- 
 fonal honor and prefumed education clamed with 
 Edward's religious creed. Her zele alfo, was likely 
 to be inflamed by prieftly felf-intereft, and the man- 
 ners of a bigoted hufband. Property, however, 
 remained confirmed and fecure amid the alarming 
 mutations in Religion, Policy, and Law j even the 
 King's Inns grant held its deftined ftation, though 
 an order of friars, remarkably numerous and 
 learned, had previoufly enjoyed that fite. This 
 decifion of a crafty Pontiff and popifh Queen, forms 
 a leading precedent to fanclify property in future 
 times ; befides, power refulting from landed eflates 
 bears no refemblance in the prefent age to the feudal 
 sera. A numerous, enlightened, and independent 
 population, feels uninfluenced by the degrading 
 trammels of vaflalage or villenage. The landlords 
 of the Britim Empire (thank Heaven!) can no longer 
 lead obfequious tools to refift a juft Prince, or bury 
 legal freedom in a military grave. 
 
 Oppofite principles have been inculcated by felf- 
 intereft or fear, but upon proper reflexion melt un- 
 der the purifying union of hiftoric experience and 
 exifting policy. The landed proprietors form a few 
 refpectable individuals, whofe power inftantly ceafes 
 
 on
 
 43 
 
 on confifcation, and the return of which property 1 
 to fuch perfons or their defendants, is neither felt 
 nor defired by the community. Villenage or domeftic 
 fervitude fo far degraded or perverted human under- 
 handing as to maVeits wretched inftruments the de- 
 voted adherents of outlawed rebels or revolutionary 
 infurgents. But the preient (late of focicty has cor- 
 rected that flagrant mifchief, and Ireland contains a 
 farming body more capable or inclined to affume the 
 pofition of feudal inheritors by purchafe, than to 
 fecond the crimes or ambition of men, who have 
 commuted the pofleffory rights of ground for a fli- 
 pendiary income. 
 
 Even under the reign of Mary, and a compara- 
 tive dawn of.profeffional, commercial, and manufac- 
 turing (kill, to its complete prefent eftablifhment, the 
 preceding principles were acknowleged and underftood. 
 ,The property of fupprefled monafteries was not di- 
 verted from the new grantees, nor the heirs of ori- 
 ginal founders felecled or difcovered to aflert a legal 
 claim, barred only by legiflative innovation. Papal 
 wifdom was regulated in this remote ifiand by un 
 altered maxims of policy. He craftily confirmed 
 the change of Mary's title to Queen of Ireland, 
 but a femblance of feudalifm marked Church pro- 
 perty, which was not fuperfeded by religious zele. 
 Thus, whilft the mafs of mankind acled from a fm- 
 cere but impolitic fpirit, clerical guides were gene- 
 lally influenced by vanity or felf-intereft. 
 
 Perfecution
 
 KING'S INNS. 49 
 
 f*erfecut!on flowed from thefe fatal fprings, and 
 Cver-ruled in Mary the humane fenfations. of her 
 fex, or the dignified feelings which directed an art- 
 1'efs addrefs to an Eriglifh Chief Juftice. Her fyf- 
 tem of Irifti policy did not, however, in other re- 
 fpects, v'ary from her predecefibr. Miiefian chiefs 
 lelt no afylum for their property in a profeffion of 
 the Roman Catholic faith, and the ftandard of Go- 
 vernment was fixed in their foil with . perfevering 
 fuccefs, when Providence gave to the Britiih Em- 
 pire an iliuurious Sovereign, who refembled Mary 
 only in fimilitude of fex, 
 
 The name of Elizabeth {hall not, however, be 
 profaned by an hafty or imperfeft (ketch. Though 
 legal materials occur in that reign, of mod extenfive 
 import, and in uncommon variety, the leading maxim 
 of her long and gloridus Government was to enforce 
 with fteady aim, and perfevering counfels* every 
 meafure which tended to extend or confirm a com- 
 plete model of the Englifli Conftitution, with the full 
 benefit of ks common Law in this ifland. The 
 King's Inns Society was attended to as an arrange- 
 ment ancillary to that important end ; a new term 
 of twenty-one years' was granted, and a further 
 leafe of forty-one years, to commence on the expi- 
 ration of the former. The Statute regulating the edu- 
 cation of Irifh Students at Englifh Inns of Court, 
 was alfo re-enacled, and rendered perpetual. Eli- 
 zabeth's opinion is thus united with Henry as to the 
 ufefulnels of the entire fyflem. 
 
 E
 
 50 HISTORY OF THE 
 
 The reader may conceive a fituation granted to ar 
 great national eftabiifhment, which was not even 
 ihook by the convulfions of a Protectorate, or re- 
 voked during the reign of that bigoted Papift, 
 Mary, would be fecure from felicitation under the 
 politic and Proteftant Elizabeth no fuch thing ; the 
 lingular attempt therefore merits notice, not more 
 from its neceifary connexion with this Hiftory, than 
 as it forcibly illuftrates the courtly genius of that 
 age. 
 
 The Earl of Ormond obtained a grant, plaufibly 
 including the legal fite with all its appendages ; and 
 apparently lenfible of the" 'fraud, that nobleman im- 
 mediately afligns fuch title for valuable confideration 
 to a third perfon. Deep foundation was thus laid, 
 and in the molt fecret manner, for future litigation 
 and doubt : perfonal indolence began to yield to ac- 
 tivity, and the genius of Commerce reared its head 
 on the ruins of fuperftition. The value of the Lif- 
 fey's northern bank became vifible, and the King's 
 , Inns ground extended nearly from Efiex-bridge to 
 the weftern extremity on both fides of the river, the 
 ftrand of which at that time approached the fame 
 end of Bachelor's- walk. The fubfifting grant pre- 
 .yented an immediate di^urbance from Ormond or 
 his affignee. This necelfary inter million only paved 
 the way for an interference equally alarming, and 
 more powerful, which alfo became uncommonly 
 .dangerous, from aiTuming the garb of public inte- 
 reft. 
 
 The
 
 kifrc s iM-,\3. 51 
 
 The Lord Deputy affected to enlarge the ordonnance 
 eltablifhment within the Caftle, and fix granaries 
 for corn to fupply the city and fupport the garrifon 
 at the King's Inns. This pretence blended charity 
 with policy, and feconded military ftrength by 
 popular clamour : attractions, it was therefore 
 imagined, fufficiently ilrong to feduce the legal bo- 
 dy into acquiefcence, or jufiify their removal with 
 national approbation : nor were they to be plundered 
 in a new fettlcnient \vithout enjoying a fimilar pofi- 
 tion extorted from a more ancient and venerable 
 body. The Cathedral of St. Patrick was to be con- 
 "verted into a Temple of Legal Juftice, and the Supe- 
 rior Courts held therein, whilft the Prebendal and Ca- 
 nonry-houfes would form fuitable refidences for the 
 Judges and Lawyers. 
 
 I will anfwer for it, that a fimilar fcheme does not 
 mark the minifterial movements or legal Hiitory of 
 Great Britain. But an Irifh Deputy could not be 
 deterred by antiquity or fanctity from interested in- 
 novation, for the reader mud underftand, and will 
 readily believe, that the outlying portions of the 
 friary or cathedral property was to remain for difpo- 
 fal, and would form an iinproveable douceur in the 
 family of the Chief Governor or fome fubordinate 
 minilteriai minion. The legal body were in an he- 
 reditary habit of maintaining themfelves, and a gra- 
 nary of corn required no food. Fortunately for the 
 character of our country, and the prefervation of a 
 iuituble cathedral eilablifliment in the Metropolis, a 
 Prelate prefided over that Church and the La\v, ani- 
 E 2 mateti
 
 52 HISTORY OF THE 
 
 mated with vigour of mind fufficient to refift the il- 
 legal and irreligious transfer, and favoured with the 
 Sovereign's confidence fo far, as to crown the honeft 
 endeavour with becoming fuccefs. 
 
 Tyranny feldom liftens to the fuggeftions of good 
 fenfe : this unfeemly fcheme was not therefore fmo- 
 thered on this fide of the water repeated refufals 
 were necefTary on the part of Elizabeth : the firft 
 fuggeflion was, that Dublin did not require two ca- 
 thedrals, St. Patrick and Chrift Church. This 
 feemed fully anfwered by obferving, that the fee of 
 London fuperintended under fimilar circumftancet; 
 St. Paul's and Weftminfter, and that there exifted 
 a ftronger neceility for fecuring an able and inde- 
 pendent Proteftant priefthood in Dublin than Lon- 
 don. At all events, the addition of Chrift Church 
 cathedral was warranted by the wifdoni of Henry 
 VIII. the founder, and Elizabeth who eftablimed 
 the collegiate church of Weflminfter for a fimilar 
 purpofe. Beaten from this ground, the Deputy 
 flared, that the Archbifhop had a fecond cathedral, 
 named Glande Loch, that was a feparate fee, which 
 had no reference to the progrefs of the Proteftant 
 religion in Dublin, nor juft refemblance to the ec- 
 clefiaftical eftablifhments united under the fee of 
 London. There was, however, a pleafant malig- 
 nity in the latter fuggeftion, which almoft atones for 
 the fraud. The fchemer of difhonefty, or its avowed 
 abettor, honors a public fpirited opponent with an 
 hatred equal to what animates unprovoked enemies. 
 Had the Chief Governor obtained an order from 
 
 the
 
 KING S INNS. 53 
 
 the Queen to enforce a vifitation of Glende Loch by 
 Loftus, official malignity would be fated with fuc- 
 cefsful cunning and murderous revenge. 
 
 This fingular town lies but twenty miles from 
 Dublin, and was for better than a century nominally 
 annexed to the fee of Dublin. The diftrict was not 
 at that time reduced to a regular connexion with the 
 pale, yet during the fole influence of the Roman 
 Catholic religion, the Prelate of Dublin might 
 fafely officiate or exercife epifcopal authority therein; 
 for though the Byrnes and Tooles ruled over one 
 territory, and the Plantagenets or Tudors reigned in 
 the other, facerdotal influence, by an uniformity of 
 ecclefiaftical fentiment, equally governed both, 
 This communion of friendship ceafed on the refor- 
 mation, and with all the virulence of religious dif- 
 fenfion. A Proteftant Prelate muft therefore clofe 
 the ceremony of confecration by preparation for 
 martyrdom, and flumber with St. Kevin in his flony 
 couch. Loftus wifely conceived, that the intereit 
 of religion was fuiftcjently protected by official a,cli- 
 vity 9 without an unnccefTary facrifice of life. Un- 
 der fuch influence he refigned Armagh, and ac- 
 cepted the inferior See of Dublin. Profefiional ha- 
 bit protected this manly churchman from precipi- 
 tate peribnal outrage, whereby pracliled legal ta- 
 lents were at leaft an equal match for the Deputy 
 or his fecret advifers. 
 
 Glande Loch was at that period equally protected 
 from a Proteflant vilitation or Vice Regal tour by 
 
 impenetrable
 
 54 HISTORY OF THE 
 
 impenetrable faftnefles and forefts, whence hardy 
 Kernes would iflue to affoil with hereditary courage, 
 perfons whom they confidered, no matter how un- 
 juftly, alike enemies to Ireland, and perfecutors of 
 their religion: This obftinate Chief Governor fhould 
 feel the force of the preceding fentiment, from the 
 difafter which befel Lord Grey in a fimilar attempt, 
 xvhofe guilty imprudence facrificed the flower of a 
 gallant army in that new, but dangerous warcfare. 
 
 The legal body, thus protected, continued a ( col- 
 legiate connexion for 165 years in their eflablifhcd 
 refidence, and were enabled to enjoy the privilege 
 of every private fpend thrift a dffpofal of its entire 
 outlying inheritance. A conelufive bar finally arofe 
 from what, in any other country, mufl cnfure their 
 re-eftablimment-*-an erection of New Four Courts 
 on the ancient fite, and a revived income in the 
 Society from parliamentary taxes and perfonal ai- 
 feffments. By this deep planned mifmanagerrient 
 the King's Inns Society having efcaped the Poddle's 
 muddy ftream, feems fixed by architecture almoft 
 as permanent as their tenure on Braidoge's falubri- 
 ous banks. 
 
 Let us now tranfiently enquire, whether the pre- 
 ceding attack upon the profeflion at head quarters, 
 was not almoft equalled by the impolitic tyranny of 
 the fame Lord Deputy in its feparate detachments 
 and rural cantonments. 
 
 Provincial Prefidencies may have a momentary 
 necefiity and permanent ufe, whilft confined to mi- 
 litary
 
 KING'S INKS. 55 
 
 iitary duty or fubordinate exertions. When civil 
 power was fuperadded, defpotifm extended the mi- 
 iery of a rebellious period to feafons of peace ; obe- 
 dient induftry, whofe independence fhould be fof- 
 tered, withered under this double preflfure for pa- 
 tronage, the bane of Hibernian comfort, influenced 
 mod Chief Governors to deceive their Sovereigns, 
 and libel or plunder this ill-fated land. Under this 
 impreflion, the eftablifhe-d and unimpeached legal 
 Praclicers of Munfter were to be fuperfeded by two 
 imported Attornies from Wales. Such inftru&ors 
 were to form the rifmg generation for this fingular 
 union, and the venerable legal fyftcm of England 
 muft be thereby, among Irimmen, moulded into a 
 fubfervient rclemblance with the newfangled Seffions 
 of Wales. 
 
 Whilft .thefe criminal and ill-confidered innova. 
 lions were to be upheld in the Provinces by Vice 
 Regal influence and Martial Law, an unexampled 
 pofitiori was folicited for the Deputy's judicial mi- 
 nion in the capital. Such man was to be not only 
 Chief juftice of her Majefty's Bench, but an overfeer 
 of the reft of the Courts, to bring them to better 
 order ; for that dignified libeller fuggefted, that the 
 Law was out of courfe there, and divers of the 
 Judges, Lawyers, and Officers corrnpr, efpecially 
 in religion. The crafty Deputy admits, that fuch 
 as were members of the Privy Council were honell 
 and good, thus blending cautious flattery to a clafs 
 who may fuccefsfully oppofe him, with general flan? 
 4er againfl private or unprotected perfons, but ha 
 
 wifhed
 
 5> HISTORY OP THE 
 
 wifhed to know this from a profeflional perfon, pro 
 found in learning, and free from partiality ; there* 
 fore he prayed that his friend may be fcnt over, as 
 a man pofiefled of thefe great qualifications, and no 
 doubt intituled to the character by the unerring cer* 
 tificate of an illiterate flatefman, 
 
 The wholefome regulations of the virtuous SuiTcx 
 and enlightened Sidney, could not pleafe this petty 
 meddling politician, who appears barely to pojicfs 
 ingenuity and ardent zele to overturn legal lyitems, 
 without any talent to reform incidental mifchicrs, or 
 to fubflitute ufeful plans in their place. As the ge- 
 nius of tyranny can equally difgrace every fpecies of 
 Government, though in none, thank Heaven ! will 
 its aftive energy or permanent eftsblimment n-,ect 
 lefs encouragement than ' under the Englifh legaj 
 fyftem, we trace in the conduft of this ferocious 
 and corrupt hypocrite, an innovating model for 
 Cromwell's fuccefsful enterprife, and the defeated 
 projects of cotemporary criminals, 
 
 The reader has feen the eminence which the legal 
 body attained qn the grand epoch of religi- 
 ous reformation, by the names alike refpeclable 
 for learning and defcent, who then filled the chief 
 judicial offices in Ireland. Nor can we doubt that a 
 fuitable number of fimilar characler graced the pri- 
 vate walks of the Bar. The generality of Irifh 
 Chief Governors quickly imbibed local malprac- 
 tice, and feemed abfolved from legal reftraints, 
 whilft arbitrary authority was inceifantly exercifed 
 
 to
 
 KING'S INNS. 57 
 
 to undermine the property, and harrafs the perfons of 
 honeft and loyal fubjefts. The manners and policy 
 of modern Viceroys f*cm fuch a complete contraft 
 to the vicious fchemes of predeceflbrs, as to render 
 hifloiic evidence necefiary to fupport the former re- 
 flexions. 
 
 When an Irifh Cabinet thus daringly defigned to 
 deceive the great Elizabeth and her fagacious MiniL 
 ters, the reader will perceive the grofs mif-informa- 
 tion which was directed to the weaker Sovereigns 
 of our Empire. By this fatal indulgence, the mif- 
 government of Ireland became hereditary, and a 
 mismapen fyftem of Law added the corrofion of ty- 
 rannic authority to the fanftifted cruelty of religious 
 feuds, and the fanguinary exertions of military con- 
 tefts. Englifh Minifters, who determined to knit 
 both iiiands in a natural and indiflbluble union, were 
 conftrained to exercife political wifdom, not in fe- 
 conding the views of an Irifh Cabinet, but in fepa- 
 rating, with proper precifion, between fuch parts as 
 flowed from public feeling, and what was the fug- 
 geftion of interefted virulence or party defign. 
 
 Fortunately for the permanent profperity of both 
 kingdoms, the Cabinet of England, during the glo- 
 rious reign of our Virgin Queen, was guided by 
 men of cool judgment, deeply verfed in the laws 
 of the realm, and who well knew to bottom expe- 
 dient alterations upon ufeful and ancient founda- 
 tions j that bufy period required fuch a complete 
 union of legal learning and ilate talent. 
 
 Religious
 
 58 HISTORY OF THS 
 
 Religious opinions .contributed to loofen the 
 tical relations of fociety, by which means C ;vern- 
 ment was doomed to ftruggle with the double cur- 
 rent of exploded fuperflition and growing ranaticifm. 
 This tafk required rare and delicate managemen<- 
 it was deeply connected with clerical felf inifef!, 
 and the wildeft emotions of human vanity. To crown 
 the crifis with fuperadded danger, the wealth of a 
 new hemifphere was exhaufted to feconcl a gloomy 
 tyrant in fchemes of converfion or conquefl : the 
 Continent afforded no natural ally, except in the ar- 
 dent, but feeble zele of revolted fubjech an expe- 
 riment of equivocal benefit, as it encouraged and 
 juflined fmrilar exertions in a fierce and unforgiving 
 foe, 
 
 Ireland prefented that vulnerable part, and the 
 continued maladies of mifgovermnent dun IT* pre- 
 ceding periods confirmed the new arifen mifchiefs of 
 that day. Popular virtue and vice is r c ;y re- 
 
 fponfive to the conduct of exifting Gov: rr .nt, or 
 forms part of its inheritance. This ^ jabedi's 
 
 calamity, but her courage and JMcl^i:.- r r extracted 
 from apparent ruin, perfonal glory iu;d national 
 flrerigth : thus, her long life was fully occupied '" a 
 iupprefTion of inteftine war, and affords few fV--. :r 
 materials for legal obfervation or criticifrn 
 zele created and confirmed an union among rebels : 
 foreign powers lent them aid, an lie moment 
 feemed to approach, which was ro - xtinguifli, or 
 eflablifh our prefent Languag -\ Religion, and Law. 
 During this afiecling druggie, civil fuits wereleflenecl, 
 
 the
 
 KING'S INNS. 39 
 
 the practice necefiarily narrowed, and a military fpi- 
 rit pervaded the land. 
 
 Profeflional {kill did not, however, fink under 
 that lengthened mh r chief ; legal ranks had been fuf- 
 ficicntly recruited to form a refpectable corps on the 
 death of Elizabeth. The internal (late of Ireland 
 forbade the exertions of that great Princefs from 
 attaining an immediate fuccefs equal to her wifdom : 
 her heroic temper ilill flood unbroken and unde- 
 terred, which at lafl enabled her to crufh domeflic 
 rebellion, and at the fame time give to infurrection 
 affecting a malignant enemy, fuccefsful effect. 
 
 Irifh Hiflory entitles Elizabeth to this unfading 
 memorial, " that the entire ifland was bent to legal 
 obedience by fuch exertions :" the foundation of a 
 general fetHement eflablifhed ccm-ienfurate with the 
 national extent, and a legal protection proffered to the 
 peoph through all their ranks. Hiftoric cridcifm 
 may detect in that ufeful purfuit, particular oppref- 
 fiori, but fuch painful inflances .muft be forgiven or 
 forgot in the folid foundations thereby laid for the 
 improved Conftitution, commercial extent, and efla- 
 blifhed power, which at this moment exhibits the 
 Britifh Empire as a political mirror to an aweftruck 
 world. 
 
 The preceding concife account may probably 
 convince difpafiionate readers that Trim Inhabitants 
 of every defcent thoroughly undcrilood, and pro- 
 perly appreciated the legal fyflem of England. Its 
 
 full
 
 60 HISTORY OF, &C. 
 
 full enjoyment was the beft pledge for perfonal loy- 
 alty and general peace. 
 
 Amid every fhifting, to which ambition, avarice, 
 or religion could feduce Irifhmen, the Engliih Con- 
 ftkuiion was the rallying point. A claim to its full 
 enjoyment covered, at moll difaftrous periods, the 
 concealed fchemes of fuperftition or tyranny. To 
 enforce the preceding pofition, and give the fyflem 
 ancient and authentic flrength, I have attempted to 
 elucidate the Laws of Ireland, as exercifed by cuf- 
 tom, regulated by Parliament, or diltributed by its 
 profeifors. Did a trilling compilation merit illuf- 
 tration from Hiftory, Statutes, or Records, I could 
 fortify the purity and perfection of preceding prin- 
 ciples by legal quotations which would fwell to a 
 folio. Enough, however, has been written upon a 
 fubjeft no longer the fubjecl: of ftate management 
 or political controverfy, but which required a tran- 
 fient review in an Hiftory of the Legal Body. 
 
 The palm of legiflation, like the cap of conqueft, 
 cannot be wrefted from Elizabeth or her wife and 
 fuccefsful Viceroys : compare the enlightened and 
 heroic placemen of her time with their corrupt fuc- 
 cerTors, and it will thence appear, that firmnefs 
 in proper legal practice, tends to give the fyftetn 
 perpetuity and eifect. 
 
 END OF PART I. 
 
 PART
 
 PART II. 
 
 FROM THE ACCESSION 
 
 OF 
 
 JAMES I. 
 
 TO THE DEATH OF 
 LORD CHANCELLOR BOWES, 
 
 IN 1767. 
 
 Non ut aliquid novi attulerim, fed ut ea quaz in infinite pene oc- 
 currunt, fub uno afpeclu ponerentur. 
 
 Cic. De Pet e . Cons : 
 
 Innovations in Law and confequently in Government, creep in 
 like herefies in Religion, flyly and flowly ; pleading in the 
 end, a (awcy and ufurped legitimacy, by uncontrouled pre- 
 Iciiption. 
 
 Audley Mervyn's Speech on the impeachment 
 of Lord Chanc. Bolton. 
 
 - H E acceffion of James I. was marked by pecu- 
 liar bleffings fuited to a timid, peaceful temper : ex- 
 ternal fecurity and internal ftrength had been con- 
 firmed through England and Ireland by his wife and 
 warlike predecefTor. Such influence even enabled him 
 to counteract tle Religion and Conftitution of Scot- 
 land, which, in James's opinion, too ftrongly fanc- 
 tionoi the independence of the fubjecl. The foun- 
 der
 
 62 HISTORY OF THE 
 
 der of each preceding line won a doubtful fceptre 
 amid the thunder of -battle, and obtained a kipgdom 
 rent by inteftine faction and civil war 4 in which a 
 powerful party for a long period looked to revenge 
 and refettlement. Sound policy and cool courage 
 \vere continually exercifed to counteract fuch fevere 
 alarms, but James was completely deftitute of thefe 
 eminent qualities fo neceflary to fupport or adorn a 
 Throne. His powerful fituation fupplied the defect, 
 and enabled him to indulge exertions more corref- 
 pondent to his genius, the management of fcholaf- 
 tic difputes and political innovation. The Englifli 
 code could not meet in fuch a man a fincere or de- 
 termined defender, his reign is therefore marked by 
 practical hoitility to its letter and fpirit. 
 
 Ireland lay more expofed to thefe attacks, from 
 habitual milmterpretation of Law, and the great 
 weight of property which by extenfive treafon be- 
 came vefled in the Crown. A confifcaticn of the 
 northern counties prefented a new and unexampled 
 precedent, which a perfect knowlege of Englifli 
 Law, unfupported by the corruption of Irifti prac- 
 tice, would difable an honeft man from carrying 
 into effect. Thus, the election of an Irifh Chief- 
 tain was not allowed to have any weight in Irifli 
 Courts againit the defcendiblc quality of fee fimple 
 eftates, yet the treafon of fuch leader was confidered 
 conclufive proof of a right fufficient to defeat all 
 derivative interefts, and veft the fame without fur- 
 ther inquifition in the Crown ; living within a rebel- 
 lious diftrict was held evidence itrong enough to 
 
 conflitute
 
 KING'S INKS. 63 
 
 conflitute the guilt of treafon againfl the party fo 
 circumftanccd, and enforce from him proof of ac- 
 tive 1'V iity. ' Being (lain in battle or executed, 
 
 jlagranie btilo, was deemed rebellion, and conftituted 
 an immediate attainder, in which inftance, the heir 
 was irrevocably bound, and could not fuccefsiuliy 
 fupport his right by mewing that his anceftor aded 
 under compulfion, or fufFered by martial kw. The 
 preceding practices are anomalous to common LaWj 
 and were, however, enforced by the tyranny of Go- 
 
 vernment, and the corruption of Irifli Judges. 
 
 The Boundaries and claims of church lands and 
 monallciial poffeffions alfo afforded an extenfive field 
 for litigation and doubt : add to thefe, the decep- 
 tious and contradictory grants of the Crown, with 
 the artful and fraudulent claims of exifting and re- 
 verfiona v y ifignees j fuch a legal ftate Icarce needed 
 the additional abufe of that ancient prerogative of 
 the Englifh Crown, which prefumes all landed pro- 
 perty to flow from that fountain, and throws (when 
 demanded) the necefiity of mewing a title on the pof- 
 feffor. The preceding legal harvefl afforded -ample 
 room for profeffional dikuffion, in arranging the* 
 ftruggling rites o f " complaining natives, unprinci- 
 pled courtiers, and designing adventurers. 
 
 Such was the a'.nal fituation of Ireland on, or 
 ihortly after, thed...h of Elizabeth. It undoubt- 
 edly forms the un-i i -;uted glory of her fucceifor, 
 that he firmly dete^'ined to reduce this political 
 haos to a regular fettlement, and Providence per- 
 mitted
 
 64 HISTOa.Y~OF THE 
 
 mitted him to fee thofe humane and public fpirited 
 endeavours crowned with complete fuccefs. In fur- 
 therance of this great defign, James feated on the 
 Irifli Bench men alike eminent for talents and inte- 
 grity : Law Servants of the Crown bore a fimilar 
 character : Barriflers and Attornies alfo exhibited, 
 in fuitable proportion, a body of Praclicers diflin- 
 guifhed for family defcent, perfonal character* and 
 extenfive learning. 
 
 The Deputy or Privy Council were wifely difa* 
 bled from privileging perfons unfuitably educated to 
 exercife the legal profeflion, an ufurpation irtcef- 
 fantly attempted in Ireland, until put down by Sta* 
 tute Law, and which has required authority to con- 
 troul in more modern times through the foreign go- 
 vernments of our extenfive empire. The certificate 
 of an Englifh Inn of Court was the fole guide to 
 Irifh Judges, who, like their Englifh brethren, mufi 
 be bound to uphold the Common and Statute Law 
 of both realms, and govern official conduct by 
 technical rules and conftitutional conftruclion. 
 
 A voluntary aflbciation fubverfive of thefe fettled 
 principles could not be binding upon the contracl- 
 ing parties, much lefs poflerity, even though en- 
 tered into with unanimous confent. Irifh common 
 Lawyers, whether in office or unconnected with the 
 State, profited by a fubordinate union, and fuf- 
 tained profeffional connexion '.vithout prefcriptive 
 immemorial authority, or an enactment of modern 
 Law. In whatever manner the concealed defign 
 
 mav
 
 KING'S INKS, 65 
 
 \ 
 
 may differ from the oftenfible motive, it was a poli- 
 tic acl in Government to countenance the eftablifh- 
 ment, and coalefce therewith. Influence may thus 
 effect, what precipitate interference could never efta- 
 blifli. 
 
 An original document of this entire tranfaftion 
 has efcaped the hand of time, which record enables 
 us to authenticate, that, in the year 1607, the Lord 
 Deputy,, Sir Arthur Chichefter, enrolled himfelf a 
 member of the King's Inns at the requeft of the 
 Judges and Praclicers, and thereby encouraged the 
 re-eftablifhrrient of that Society, among- its ancient 
 members, by Vice Regal rank and authority. The 
 entry merits infertion, as it explains the intrinfic 
 ftate of the Society, whofe members, previous there* 
 to, re-amimed an united pofition without any autho- 
 rity to make it co-extenfive with either profeffion, 
 but the rank and influence of fuch a member may 
 finally and fuccefsfully effect that defirable object 
 For this falutary purpofe, a previous meeting of the 
 legal body was undoubtedly held, and an addrefs or 
 petition prefented on that head to the Deputy. The 
 forward framer of this fingular compofition found 
 no precedent in the Englifli Inns of Court ; he yet 
 prepared an entry palatable to Sir A rthur Chichef- 
 ter, the courtly itile of which furvived the muta- 
 tion of language, and even the final abeyance of 
 the Society. 
 
 " Prxnobilis Vir, Arthurus Chichefter miles, Do- 
 minus DcputaUis & Gubernator Generalis hujus 
 
 F Regni
 
 66 
 
 HISTORY OF THE 
 
 Regni Hibernian, ad humilem petitionem jufticiari- 
 orum & aliorura jurifperitorum, Decimo Oclavo die 
 Junii, ano illuftriflimi Regis Jacobi, Dei Gratia, 
 Regni fiii Anglias, Francis, & Hibernise, quinto, 
 & Scotiae quadragerimo, dignatur fe inter focios hu- 
 jus hofpitii Regis Dublinii enumerari. 
 
 No pecuniary bounty accompanied that folemn 
 al, nor even an immediate enlargement of the fub- 
 fifling Royal grant. No attempt to create or recog- 
 nife a corporate right, ftill lefs to make the Society 
 a theatre of introductory ftudy, or to arm exifting bre- 
 thren, either on the Bench or at the Bar, with an 
 immediate or arbitrary authority over the admiflion 
 of Barriflers or practice of Attornies. 
 
 The object and intent of this revival is not fubject 
 to miftake or mifreprefentation : it was bottomed on 
 the principle of all voluntary aflbciations among 
 wife and honeft men, public intereft, and peribnal 
 convenience. 
 
 The reader mall have a faithful copy of the ori- 
 ginal entry. " Imprimis it is ordered, that foraf- 
 much as the prefent reftauration of the Society of 
 the King's . Inne doth require an admiffion of the 
 . Pradifers, Officers, Attorneys, and others of the 
 feveral Courts, whofe auncientye is not yet fuffi- 
 ciently known ; it is therefore this day ordered, that 
 the admittances mall be received and entered in the 
 Book of Admittances, as they fhall appear and 
 A fire tbe fame j yet, notwithftanding, that each of 
 
 the
 
 KING'S INNS. 67 
 
 the feveral Prafticers at Law, Officers, Attornies, 
 and others, mall enjoy the precedence of their an- 
 tiquity, their feveral admittances in the faid book 
 notwithftanding." The Lord Deputy had figned 
 the book for himfelf, the Chief Judges, and Mafter 
 of the Rol's, on the eighteenth day of June. The 
 Puifrie Judges were admitted on the twenty-firft, 
 feveral Barriflers on the twenty-fecond, and the 
 above rule was entered at the firfl Council, which 
 was he\i on the twenty-fourth day of June. Seve- 
 ral Larriflers and Attornies joined the Afibciation 
 on that day, without any diftinction of internal au- 
 thority, fave proieffional precedence. No forming 
 members of a Jaw chib, in modern times, have af. 
 fumed a more mild, and therefore dignified inde- 
 pendence of gentlemanly connexion. The Society 
 was thus rendered fo liberal and refpeftable, as 
 fcarce to need the aid of felf-interefl: to encourage or 
 enforce its adoption. 
 
 Be it alfo remembered, that the Judges, Barrif- 
 ters, and Attornies of that day, were'as refpeftable 
 for legal talent, family defcent, or perfonal honor, 
 as the Rolls of the Society can exhibit at any fub- 
 fequent period. Such perfons were equally indif. 
 pofed to afiume illegal and unbecoming authority, 
 or to brook to ufurpation and defpotifm : they would 
 mndder at any abufe variant from the liberal prin- 
 ciples and correct integrity of Englifh Inns of Court. 
 Such fentiments uniformly guided the leading mem- 
 bers during James's reign in every inflance fave one, 
 in which Government diigraced itfelf by a .corrupt 
 
 F 2 *nd
 
 68 HISTORY OF THE 
 
 and tyrannical influence. After fome minute orders 
 relative to repairing the Hall, and purchafing furni- 
 ture, wood, and coal, the attending members eleft- 
 ed Baron Ellyot, Treafurer, and Mr. Jacob New- 
 man, a Six Clerk in Chancery, and Deputy Matter 
 of the Rolls, Under Treafurer, each to remain un- 
 til further orders. 
 
 The next meeting was on the roth day of No- 
 vember, 1607, when thefe Officers had not been a 
 full Term in office, therefore the attending mem- 
 bers ordered, " that the Treafurer before appointed 
 fhall continue his place, and the Sub-treafurer alfo, 
 for one whole year more." Thus early an intent ap- 
 pears to uphold an annual election, and imitate the 
 Englifh Inns of Court, in a clofe fuperintendance of 
 thefe Officers, by adding, " that the Treafurer mall 
 receive the admittances, fines, and forfeitures, as 
 fliall accrue in that time to the ufe of the houfe, to 
 be difburfed by him by fpecial warrant, and not 
 ctherwife." 
 
 <; It is ordered, that there fhall be a Penfioner 
 chofen yearly each Michaelmas Term, of the Aun- 
 tients of the Bar, and if any fhall refufe the accep- 
 tance of that place, for the behoof of the houfe, 
 he fo refufmg to be fined at the difcretion of the 
 houfe." 
 
 " It is ordered, that Mr. Chriftopher Lynch be 
 the Penfioner for this year, and that he fhall receive 
 ef eacli one of the Society of this houfe, twelve 
 
 pence
 
 KIKG'S INNS. 69 
 
 pence fterling each Term, for his penfion each 
 Term, the fame to be difpofed of by the appoint- 
 ment of the houfe to the payment of the Officers 
 wages, and other neceffary uies." 
 
 The preceding rules, with the appointment -of a 
 Steward, conclude the Second Council or meeting 
 
 a 
 
 of the members. Hitherto we fee that every mem- 
 ber of either profeflion was permitted to enroll his 
 name, which was a matter of real benefit in the 
 accommodation of Commons and Chambers. An 
 unfolicited and uncontefted rank accompanied age 
 and Ration : this elevation needed no rule among 
 men of education or honor, and was lecured to ve- 
 nerable or dignified perfons by their affable and un- 
 afluming manners. 
 
 The imitation of an Englifli Inn of Court is viM- 
 ble by an appointment of Officers to an unneceflary 
 number ; there was a Treafurer and under Trea- 
 furer, for fuch have been time immemorial in Eng- 
 land ; a Penfioner alfo mud be chofen. from a fimi- 
 lar caufe. No emolument attended the former fitu- 
 ation, but as the collection of termly penfions or 
 other aflefTments mud be troublefome, a fine was 
 thought requifite to enforce acceptance, a meafure 
 fo frequently reforted to by private clubs^ and un- 
 likely to create a fufpicion or alarm among gentle- 
 men. 
 
 4 
 
 Upon the s^th tlay of June, 1608, another meet- 
 ing or council was held, in which falaries are fixed 
 
 for
 
 70 HISTORY OF THE 
 
 for the fervants of the houfe, with other petty re- 
 gulations, and then the following order as to Com- 
 mons : " It is ordered, that the Commons at the 
 Bench table mall be feven millings each week, the 
 Bar, and Gentlemen of the Focicty, five fbifl ^s 
 fterling, the Clerks three millings It: rung each 
 week, and fo to continue until fun her order Ihall 
 be taken therein at fome other Council." 
 
 The preceding order will excufe a. few : 
 the price at each table appears amp'.? ac, or^ii'T to 
 the rate of provifions, for wine WL- .lot : : c! i led, 
 the price of which appears, by flibk-r 1 mis, 
 
 to be, claret fix-pence, different; kirvls >f -vhite 
 wine fix-pence a quart, aad fack ope fhilling "> '. 
 Weft India trade did not ther exift, and t! vil 
 wars of France forbad the introuu^iori y, 
 
 at leaft in any confiderable quantity. j>.>iv a, 
 ..brew-houfe attached to the Inns, which fuppHeo tn-at 
 native liquor. No. entry, however, ftr'.- . ier 
 
 home-made fpirits graced the com ] r ':\ board. 
 
 The reader muft notice, that two of the preced- 
 ing tables were laid for the Bencii, Bar, and Gen- 
 tlemen of the Society ; by the latter, undoubtedly 
 Attornies were meant. At that period no quantum 
 of property warranted the ufurpation of an Elquire's 
 title ; the College of Arms, or that lively inftru- 
 ment of tyranny, the Star Chamber in England, or 
 Caftle Chamber in Ireland, would interfere, and 
 punifh the prefumption of vanity in its peccant part 
 by perfonal degradation and public difgrace ; the 
 
 Rolls
 
 KING'S INNS. 71 
 
 Rolls of Parliament and its Journals thus adhere to 
 the eftablifhed rule ; appropriate additions accom- 
 pany each name, aid as the rank of Efquire has 
 from time immemorial been legally attached to the 
 Barrifter, it does not merely fupport the eftima- 
 tion in which that profeflion \vas held, .but juflifies 
 the obfervation of honeft Fortefcue, who affirms, 
 " that Inns of Court were crowded with the fons of 
 Noblemen and Knights, and fuch were in legal ac- 
 ceptation either born Efquires, or entitled to claim 
 that flate and degree." 
 
 The preceding obfervations warrant me to think, 
 that Attornies formed an integral part of the King's 
 Inns Society, and were not preffed into the groupe 
 for purpofes of taxation or fervitude. 
 
 We find perfons at a future period taxed for a 
 parlour or retiring room for themfelves, the Bar, 
 and the Judges. A Mr. John Cheevers, an Attor- 
 ney, of ancient and honorable family, filled the 
 office of Treafurer, and fucceeded a Chief Juftice 
 of the King's Bench in that fituation. The Officers 
 of the feveral Courts, many of whom appear to be 
 Attornies, were among its earlieft members, and 
 fuch have been eleded Benchers in the fubfequent 
 century, whether Barrifters or not. No argument 
 can be drawn from the practice of Englifh Inns, if 
 Attornies, in fuch Societies, form no permanent part 
 of the body, neither do Benchers affect to govern 
 them, or regulate their practice. With what afto- 
 nifhment then, muft an Englifhraan hear of this af- 
 
 fumed
 
 72 HISTORY OF THE 
 
 fumed power over Irifh Attornies ! the innovation is 
 indefenfible upon any poflible ground, unwarranted 
 by precedent, unfupported by legal principle, and 
 pregnant with obvious and extenfive evils. 
 
 It is the intereft of the fuitor, and in that refpecl 
 of the community, to fever any criminal complai- 
 fance which accident may produce between Biirrit 
 ters and Attornies. Unlimited and concealed pow- 
 er, exercifed with fanciful and unfworn dlfcretion, 
 muft engender either fervility or refinance; if the 
 latter exertion be hopelefs, the former vice will pre- 
 vail. Far different is the constitutional authority of 
 the Judges over that body : it refembles their dele- 
 gated power over all his Majefty's fubjefts, and muft 
 be exercifed in a folemn, public, judicial manner, 
 where the party is empowered to vindicate or ex- 
 plain his conducl, which, when completely proved, 
 filences the whiiper of private friendfhip, or any re- 
 ference to perfonal character ; beiides, the decilion 
 forms a fixed juridical memorial, open to the obfer- 
 vance of a learned profeffion, and the review of ei- 
 ther Houfe of Parliament, When the fame perfon 
 acls as a Barrifter and Attorney, there is no proper 
 check upon the delay, mifconducT:, or expence of 
 legal bufinefs. An infant or narrow fociety may 
 tolerate the practice, but when the extent or prof. 
 perity of a flate emerges from that early and con- 
 fined fphere, an adherence to the fyflem becomes a 
 public curfe. 
 
 Ancient ard modern ftafes reccgnifs this principle, 
 and England, with that integrity and wifdom charac- 
 
 teriftic
 
 KING'S INNS. 73 
 
 teriflic of its Inhabitants, has confirmed it by ancient 
 ufage, and unaltered adherence. Each clafs is fepa- 
 rated by diftinft narks, and the community feels a 
 fecurity in legal practice, equal to what upholds mo- 
 narchy, ariftccracy, or reprefentative freedom. 
 
 But if the Irifli variation muft continue, how de- 
 graded the flate of Attornies ! They have not a fin- 
 gle member from their body among the Benchers. 
 Extreme fervitude is thus defcribed under the Britim 
 Conftitut'ion, and muft be fully merited by fuch fel- 
 low fubjects as would patiently fubmit to it. Con- 
 nected as the Attornies aye with the Bar by the ties 
 of bufmefs, blood, and friendfhip, a feparation of 
 the preceding kind adds a cruel and envenomed fling 
 to the illegal dominion, as if a bafenefs accompanied 
 the exercife of that profeilion, which no gentlemanly 
 intercourfe could cure. 
 
 The founders or reflorers of the King's Inns acted 
 with more dignity and wifdom ; as fuch, they did 
 not interfere with the management of apprentices, 
 nor affect to regulate the practice of Attornies. If 
 there was a difference from the Englifli fyftem in 
 the coalition of both profeffions, the approach was 
 mutual, manly, and liberal ; the door of the King's 
 Inns was opened at the time, and in the manner 
 which agreed with the admiffion of Barriiters. Ap- 
 prentices were left to the accuftomed inftruclion, 
 and Students confined with equal wifdom and pa- 
 triotifin to the Engliih Inns of Court. 
 
 Clerks were a fubordinate legal body, which ex- 
 ifled under the Judges and leading Barriilers. La- 
 borious
 
 74 HISTORY OF THE 
 
 borious refearch and extenfive profeffional learning 
 marked the judicial and barrilterial body under the 
 reigns of the Tudors and the Stewarts ; their youth- 
 ful affiftants therefore improved by the dignified 
 connexion, which was alfo confidered an ufeful pre- 
 paration to young men of excellent education, and 
 undoubted gentility. The practice continued even 
 in Ireland through that century. Thus, we find, 
 that Denis Daly had been in early life a Clerk to 
 his uncle, the famous Patrick Darcy ; and Mr. Da- 
 ly, animated by fuch example, afterwards became 
 a mofl able Lawyer, and .-.diftinguifhed Judge. We 
 alfo find, in Cromwell's time, that a fimilar order 
 was made, to permit the fix fenior Barrifters Clerks 
 to dine with the Judges Clerks in the Hall. 
 
 But in the neighbouring kingdom, this fpecies of 
 legal ailiftant was permanent and univerfal. The 
 great Earl of Cork tells us, that he had been Clerk 
 to Chief Baron Manwood ; the regicide Cooke af- 
 firms, that he was employed in a fimilar manner by 
 Mr. Brickendon ; and we know, that the virtuous 
 and immortal Somers was Clerk to Sir Francis Win- 
 nington. Having fixed the legal tribe in regular 
 array at their different tables, I muft folicit the rea- 
 per's patience in preparing Chambers, or faithfully 
 defcribing thofe which they once pofiefled. 
 
 A Council was held on the twentieth day of June, 
 1609, in which the following order, relative thereto, 
 was made : '' It was this day by the Judges, and 
 the whole Bench, and likewife aflented to by the 
 Bar, that the chambers in the King's Inns fliall be 
 divided in the manner following." 
 
 The
 
 KING'S INNS. 75 
 
 The mode of King's Inns meeting, upon folemn. 
 occafions, is afcertained by that early precedent, 
 which alfo recognifes a right in the legal body at 
 large to difpofe of its property. The whole Bench 
 means perfons who were not Judges, nor yet prac- 
 ticers ; fuch was the Deputy, the Matter of the 
 Rolls ; Sir John Everard, and Mr. Sedgrave, who 
 had been Juftices, but did not refume legal prac- 
 tice ; Sir Richard Shea, an ancient and refpectable 
 Lawyer, who died in the fucceeding year ; Sir Ri- 
 chard Aylward, who had been Second Juftice of 
 Munfler, which ftation he quitted without return- 
 ing to the Bar befides the Officers of Superior 
 Courts. None of thefe were regularly elected 
 Benchers, though matters of much lefs importance 
 occupy the Black^Book than an appointment of that 
 fort. The probable reafon of the change will en- 
 gage our fubfequent difculfion. The chambers 
 were, however, divided in the following manner : 
 
 * e Sir Humphry Wynche, Knight, Serjeant at 
 Law, an4 Lord Chief Juftice of the .King's Bench 
 within the realm of Ireland, was this day admitted 
 into that chamber, which lately did belong to Sir 
 James Ley, Knight, fometimes known to be the 
 Juftice Bathe's chamber." 
 
 " Sir Nicholas Walihe, Knight, Lord Chief Juf- 
 tice of his Highnefs's Court of Common Pleas 
 within the realm of Ireland, was this day admitted 
 into that chamber which of late was enjoyed by Sir 
 
 Robert
 
 HISTORY OF THE 
 
 Robert Dillon, Knight, fotrie time Chief JuiUce of 
 that Court." 
 
 " Sir John Denliam, Knight, Serjeant at Law, 
 and Lord Chief Baron of his Majesty's Court of 
 Exchequer in the realm of Ireland, was this day 
 admitted into that chamber xvhich of late did belong 
 to Sir John Ellyof, Knight, one of the Barons of 
 laid Court." 
 
 The reader will neceffarily take notice, with what 
 becoming accuracy the preceding additions are ea- 
 tered. The Chief Juilice of the King's Bench, and 
 Chief Baron, were Englishmen, and had been 
 called to the ftate and rank of Serjeants in that coun- 
 try ; but Sir Nicholas \Valfhc was an Irifhman, and 
 though he palfed through the profcflion with emi- 
 nent integrity and applaufe, did not attain the rank 
 of Serjeant, no legal degree having ever been con- 
 ferred in Ireland, nor any eftablifhment for element- 
 ary education thought confonant with loyalty. 
 
 " Chriftopher Sibthorpe, Efq. one of the Judges 
 of the King's Bench, is admitted into the weft end 
 of that place where the Chancery was lately kept, 
 ibmetirnes known to be the Fryers Hall, his chamber 
 being a fourth part of that room," 
 
 " William Talbot, and Henry Nngeat, Efqrs. 
 leai ned in the Laws, were this day admitted in ano- 
 ther fourth part of that room which lyeth in the 
 eaft end of the Fryers Hall." 
 
 " Patrick
 
 KING S INNS. 77 
 
 " Patrick Sedgrave, Efq, is admitted to a fourili 
 part of the dormitory next unto Sir John Ellyot, 
 and a companion to be afligned to him fuch as the 
 Bench fhall appoint, who is to contribute to the 
 charges of the building." 
 
 * c John Meade, andTnorrms Doyle, Efqrs. are ad- 
 mitted into another fourth part of that room of the 
 dormitory next to Sir John Davies, Knight, his 
 Majefty's Attorney General." 
 
 " Sir John Ellyot, Kaight, one of the Barons of 
 the Exchequer, his fons Thomas and Henry Ellyot 
 being of this Society, and the firft that began to 
 build his chamber after the reftauration of the King's 
 Inne, is this day admitted into a fourth part of the 
 dormitory, in that place where the Exchequer was 
 lately kept, and next to the Lord Chief Juftice's 
 chamber," 
 
 " Sir John Davyes, his Majefty's Attorney Gene- 
 ral, was this day admitted into another part of the 
 dormitory, in that place where his Majefty's Court 
 of Common Pleas was kept, and in the north end 
 of the dormitory." 
 
 " Walter Scurlocke, and Chriftopher Verdon, 
 Efqrs. are admitted into a fourth part of the Fryers 
 Hall, where fometimes the Chancery was kept, and 
 in that part thereof next adjoining to 'Mr. Juftice 
 Sibthorpe." 
 
 Richard
 
 78 HISTORY OF THE 
 
 <c Richard Butler, and Michael Cowley, 
 are admitted into another fourth part of the Fryers 
 Hall, where fometimes the Chancery was kept, and 
 in that part thereof next adjoining unto Mr. Talbot 
 and Mr. Nugent." 
 
 " Sir John Everard,^JCnight, and his fon, were ad- 
 mitted this day into the place where lately the King's 
 Bench was kept, fometimes Sir Robert Dillon's 
 chamber." 
 
 " Patrick Archer, and James Bryver, Efqrs. 
 learned in the Laws, were this day admitted into the 
 next chamber to Sir John Everard, fometimes Mr. 
 BurnellV chamber." 
 
 " Chriftopher Lynch, and Edward Dowdal, Efqrs. 
 learned in the Laws, were this day admitted into 
 that chamber in the cloyfter, which fometimes be- 
 longed to Mr. Martin Blake, and Chriftopher Shaftf- 
 bury ; names which mew the refidence of Barrifters 
 therein in preceding times." 
 
 " Robert Barnewall and Nicholas Fitz-Williams, 
 Efqrs. learned in the Laws, were this day admitted 
 into the next chamber in the cloyfter, fometimes be- 
 ing Mr. Cantwell's Chamber." 
 
 " Richard 
 
 . 
 * No fuch name appears after the revival of the Society, 
 
 though in early ages a molt opulent, warlike, and powerful legal 
 name,
 
 KING'S INNS. 79 
 
 " Richard Wadding, and David Rothe, Efqrs. 
 learned in the Laws, were this day admitted into 
 that chamber in the cloyfler, fometimes belonging 
 to Thomas Dillon, and Robert." 
 
 Such were the Barrifters between whom thefe 
 chambers appear to have beeri divided : we find 
 among them, not the reprefentativcs of rotten bo- 
 roughs, but delegated guardians *of extenfive and 
 warlike diftricls, or opulent and ilourifhing cities. 
 Tipperary, Kildare, Louth, and Meath, fent them 
 to the Parliament of 1613. * Waterford and Kil- 
 kenny claim a iimilar diftinftion. Their conduct 
 juftified the 'choice, as fome of them refigned high 
 and lucrative ftations from confcientious fcruples, 
 and others encountered imprifonment, exile, or 
 death, in upholding the political rank of this 
 country, and extending thofe principles which form 
 the balls of that legal fyftem under which the in- 
 habitants of both iilands are at this moment go- 
 verned. 
 
 On the 2 8 1^ of January, 1609 10 > " Sir Francis 
 Aungier, Knight, Mailer of the Rolls, was this day 
 by the Judges, and the confent of Sir John Davies, 
 Knight, his Mayfly's Attorney General, admitted into 
 part of that chamber 'which was formerly aHigned 
 to Sir John.'* 
 
 Little doubt can be entertained as to the conve- 
 nience refulting from the pofleflion of chambers, 
 when two Banifters of advanced age and ample for- 
 tune
 
 So HISTORY OF THE 
 
 tune were fatisfied with a fmgle fet, and fubmitted 
 to live like junior Students in a crowded Univer- 
 fity. 
 
 Sir Francis Aungier alfo, though the monaftery 
 of White Friars on the fouth fide of the city was 
 granted to him, condescended to take a part of his 
 countryman's fettlement in the Black Friars. Un- 
 doubted documents prove him an able Lawyer and 
 judicious Antiquarian ; the preceding circumftance, 
 therefore, neither gave him difguft or furprife. He 
 was a Gray's Inn man, and had read that Sir Tho- 
 mas Neville acquainted that Society, that he would 
 accept of Mr. Attorney General to be his bed. 
 fellow in his chamber, which was entered on their 
 Rules the gth of July 21 H. 8. In another Eng- 
 lifli Society, an Attorney General was obliged to 
 take one of the members of the houfe, not as a 
 chamber, but a bed-fellow. 
 
 Whenever our projected chambers are finilhed, 
 (which is a matter, in my opinion, ufelefs, uncer- 
 tain, and 'at all events, very remote) I make it my 
 humble requeft, that if a fimilar order be enforced, 
 the Knight, or Attorney General, may be allowed 
 to fele& an agreeable companion from the profeflion 
 without any reference to antiquity or rank. 
 
 Another Meeting or Council was held upon the 
 29th of January, 1609 Io > in which the follow- 
 ing order was entered : " A ftrong pale is to be 
 made between Lord Wai (lie's chamber and the cor- 
 ner
 
 KINO'S INNS, 81 
 
 ner of the garden wall, wherein fliall be made a ftile 
 and convenient paflage for all men, and thereout to 
 bar all manner of cattle, and that a fmall door fhall 
 be made in that part next the garden to lead in and 
 out horfes upon any occafion, with a lock and key 
 to the fame door, and that the door of the brew- 
 houfe mail be flopped up." 
 
 Some illuftration may be necefTary to fatisfy a 
 modern Inm-Quay lounger of the authenticity of the 
 preceding provifion ; fuch perfon muft be informed, 
 that at that time there was no enibankment, except 
 for a garden iriclofure on the northern fide of the 
 Liffey, or where the ancient bridge of the city com- 
 municated with the adjacent diftricl: of Fingal. The 
 whole fpace of ground from the fite of the monaf- 
 teries of Black Friars or St. Mary's, to the prefent 
 King's Inns, was covered with feparated tenements, 
 held under the brotherhood of each Society, which 
 had continual difputes arifmg from the felfimnefs, 
 and fuftamed with the artful perfeverance peculiar 
 to holy Fathers. 
 
 As the Dominican order was infinitely more 
 learned, pe:fons of rank, tafte and talents, were 
 generally influenced by their mode of managing the 
 conteft, whilft their opponents had recourfe to mi- 
 racles, or a comparifon of their tutelar faint, with 
 the devout, but inferior St. Dominick. They were 
 alfo the elder houfe, an important circumftance in 
 the eyes of the populace. Thefe druggies are only 
 mentioned to mew the unaltered habits of a prieil- 
 G hood
 
 82 HISTORY OF THE 
 
 hood amid the varying manners of mankind" : in one 
 temporal point they feemed to agree ; each claimed 
 exemption from the jurifdidion of the city, and en- 
 forced its obfervance by occafional riots, and a fet- 
 tled excommunication, an alarming procefs of Canon 
 law, among a people fufficiently befotted to believe, 
 that the agency of nature could be controlled by 
 the management of monks. A fimilar game was 
 played on the fouthern fide of the city, fome of 
 which fubfift to this day. They had no charter, 
 nor cculd prefcription on Irifh ground warrant the 
 ufurpation. The fyflem was, however, upheld for 
 ages by clerical terrors, and the Corporation acqui- 
 efced for fuch a length of time as to give it in the 
 eyes of unprofeilional men, an appearance of lega- 
 fity. 
 
 Even the new proprietors, for purpofes of au- 
 thority or lucre, difpenfed with a legal maxim, and 
 profited by the wrong. A Senefchal was therefore 
 appointed until after the year 1640, when the laft 
 entry of that fort appears in the following words : 
 
 " Memorandum quod apud Confilium tentum 
 apud de Kings inne de Court juxta Dublin, Thomas 
 Bringhurft Gen. eleclus eft ut Senefchallus hujus 
 Libertatis, habendum gaudendum & tenendum quam 
 diu fe bene gefierit." Stocks and a cucking ftool 
 were exhibited as marks of local and independent 
 jurifdiclion. A pillory even exifled for criminals 
 within the precincl:, and on which John Veldon, 
 an Under Treafurer of the Society, in the year 
 
 16165
 
 INNS. 83 
 
 i6i6, fuffered the penalties annexed to the heinous 
 offence of perjury. We have, however, no cor- 
 n-eft tradition whether criminal proceedings or civil 
 proceis were determined as in the neighbouring dif 
 trifts. 
 
 A transfer of the monaftery to Judges- and Prac- 
 ticefs contributed to the abolition of that monkifh 
 privilege. Their attachment to other Courts, poffi- 
 bly confined fubfequent authority to fummary pu- 
 nifhme ;t for trifling offences . Good fehfe at lad 
 concurred with public and perfonal convenience, and 
 the Society permitted ah illegal ufufpation to fmk 
 into dcfuetude as fiiently and imperceptibly as it 
 tofe. 
 
 Streets in this manner, and by fuch encourage- 
 ment, covered fields, and the terraces of gardens 
 have" been turned into commercial quays. Thus, 
 by an tmforeieen, but uniform round of events a 
 Pnefls and Lawyers acquire fuperior income and 
 profeflional wealth by that population which poflef- 
 fes their ancient property. Thofe events, however 
 fmgular or fevers, can be recorded by a legal pen, 
 as terminating in the general profpefity of this king- 
 dom : but other parts of the Society's income have 
 yielded to notorious negbct, the prefer vation of 
 which would neither fmother trade, nor check po- 
 pulation, 
 
 For a flip near Bridge-ftreet continued to pay the 
 
 Society rent during the greater part of that century. 
 
 G 2 We
 
 84 HISTORY OF THE 
 
 We do riot, however, find that the legal body de- 
 manded a toll from paifengers over the bridge, 
 though their predeceflbrs the friars undoubtedly did: 
 thus, verifying the obfervation of Lord Coke, who 
 applauds the regular clergy for their attainment of 
 legal knowlege, or their uniform engagement of 
 eminent Lawyers. This toll fucceeded to the right 
 of ferry, and was enforced with pious and perpe- 
 tual zele. 
 
 If, as Lord Coke fays on a fimilar occafion, the 
 preceding claufe or order has not been darkened by 
 excefiive ilkrftration, I will, in the words of the 
 fame great Author, once for <?//, recall the reader's 
 attention to the fmgular, but appropriate addition 
 given to the Chief Jultice therein. He is called 
 Lord, in the fame manner as Coke, Hale, Hobart, 
 and Holt, in Englifh Law Books, though none of 
 thefe great Lawyers were raifed to the peerage, nor 
 indeed any Chief Juftice in either country until long 
 after the acceilion of James I. But the addition 
 was ufual, and is noticed to mark the accuracy of 
 that age in fuch matters. 
 
 A fecond order was made at the faid Council, 
 " That Mr. Fitz-Harris, and Mr. James Bryver mall, 
 in the prefence of the Treafurer, call before them 
 Mr. Chriftopher Lynch, late Penfioner, and Mr. 
 John Meade, laft Penfioner, and upon view of their 
 accompt, to fhew their difcharges of their feveral 
 difburfements, and then to deliver over their feveral 
 Rolls to the new Penfioner, Mr. Patrick Archer." 
 
 This
 
 KINGS INNS. 
 
 This appointment of private Barrifters as Audi- 
 tors of Bench Accounts, does not fhew that they 
 were Benchers, but that the whole body had an 
 equal right to attend meetings or vote therein. 
 
 When corrupt, felf-interefted, and prefumptu- 
 -ous innovators aflert matters unfupported by prece- 
 dent, principle, or fact, they deferve to be dragged 
 to the altar of public juftice, and expofed to the de- 
 lifion and conlempt of an enlightened empire, . 
 
 What opinion can the reader have of the Letter, 
 fent by order of the Bench to Secretary Pelham, 
 now Earl Chichefter, \vhen an ejectment was ferved 
 for the ground of the King's Inns Society, occupied 
 by the Courts and public Offices ? It llrangely, but 
 craftily ftates, that King James granted the old 
 King's Inns in fee to the Bencfters and their fuccef- 
 ibrs. Government may be deceived, butitmuftbe 
 from want of enquiry. If the pretended record 
 contained fuch words, it would fatisfy my mind as 
 to the forgery or interpolation.. 
 
 In the fame manner, Sir Edward Coke detected 
 a monaflerial impoflure in his day. The grantee 
 of fuch property relied upon a certain document as 
 an ancient and authentic deed, when lo ! on pc- 
 rufal, it recognifed a legal practice not known at 
 the period of its date. But Coke's talents or re- 
 fearch are not neceflary to evilcerate this modern 
 fraud : it mail be counteracted by an authority, fee- 
 
 ble
 
 86 HISTORY OF THE 
 
 ble and weak in other refpefts, but fully conclufive 
 to the intended effect. 
 
 A petition was prepared for Parliament under the 
 fame authority, and committed to print, with the 
 preceding Treafurer's name annexed therein. In 
 this petition it is truly dated to be granted as a reii- 
 dence for the Profeffbrs of the Law. The reader 
 may make his election, which defcription to idy up- 
 on : at all events, it will prepare him to exercife a 
 proper refearch and impartial judgment in preference 
 to a Bench publication, or even that of their Bifto- 
 rian. In the preceding inflance, a view of the g/ant 
 could remove thofe doubts, and can be eaiily re* 
 forted to by the protected favourites ol : Govern- 
 ment, though fuch an indulgence has ao- beea 
 within my reach. Should that privilege be ever ex- 
 tended to me for national purpofes, the truft ikill 
 be confecrated to public good, and fellow-fubi .Is 
 rely upon humble profeflional indufrr) to soitheD& 
 cate and illuftrate legal or hiftoric facts, whillt in 
 fairnefs and freedom of opinion I expect from men 
 of talents or integrity, countenance and approba- 
 tion. 
 
 . In a fubfequent Council the Judges and other 
 Members of the Society obtain chambers on the 
 condition of repairing the premifes ; and if fuch 
 were not difpofed of to any of fhe Society, then 
 the fame to be left to the Bench to give confider- 
 ation in their difcretion. Similar orders were made 
 
 where
 
 KIKG'S INNS. 87 
 
 where Members refigned their half of the cham- 
 ber. 
 
 A rule by which the chambers of Sir William 
 Jones, Chief Juftice, were affigned to Sir Henry 
 Bourchier, Knight, marks their ufe and neceflity. 
 It Mates, " that they were Commiffioners for the 
 affairs of this realm." On the former going to Eng- 
 land, the latter was elected a member of the Soci- 
 ety, to enable him by iuch fituation to accept of the 
 transfer. 
 
 A want of income to fupport the yearly proviiioii; 
 of articles for the houfe required an additional tax : 
 four-pence is added as an enlargement to the termly 
 penfion of each Term, and continued unaltered for 
 a century, 
 
 At the fame Council, the following mild and ufe^ 
 ful order was made: " That from henceforth all 
 and every gentleman of this houfe (hail be in Com- 
 mons in this houfe. one whole week, or two half 
 weeks in every Term, and in .default thereof, to 
 pay to the Treafurer for the time being, five (hil- 
 lings fierling, for the ufe of the houfe.' 5 
 
 If the modern buildings had been fixed in a pro-, 
 per fituation, and the taxes, however heavy, faith- 
 fully and frugally applied, a regulation of the pre- 
 ceding import: would not only be complied with, 
 but received with 2 tenvpelt of national applaufe. 
 
 The
 
 88 HISTORY OF THE 
 
 The reader has feen, by the divifion of chambers, 
 that fome of the Judges were left deftitute of fuch 
 accommodation, which was certainly unreafonable ; 
 for though the individual may be unpopular, and 
 intituled, from perfonal or official bafenefs to no re- 
 fpet, rank and public flation claimed from a legal 
 body fuch compliment : befides, it was a matter of 
 public convenience that they mould attend near each 
 other in Term time, and not diftract a Suitor or 
 Attorney by a purfuit after them in different parts of 
 the Metropolis. This principle would at leaft induce 
 Pradicers to fupport the regulation, which was en- 
 tered into in 1632. 
 
 " For that the Judges of this Society cannot re- 
 pair thither as often as they othenvife would for 
 want of chambers ; it was therefore ordered, and 
 agreed on that day, That the Judges mail have and 
 enjoy the upper chambers in this houfe, and every 
 of them as they mail happen to become void ; and 
 that every Judge, from time to time, be admitted 
 into fuch chamber that mall be void, refpeclively, 
 according to his precedence or antiquity." 
 
 The preceding rule gave to thefe Magiflrates the 
 entire pofleffion of the monaftery, as the refpeclive 
 occupiers died or ftruck their names off the Rolls 
 of the Society. For that fuch cuftom did prevail, we 
 have two indubitable proofs ; Mr. John Mead, and 
 Mr. Thomas Geoghe, were original Members in 
 1607, and are re-admitted in 1628, as appears by 
 the remark at the end of the latter name, for both 
 
 gentlemen
 
 KING'S INNS. 89 
 
 gentlemen had in the intervening period attained 
 the honor of Knighthood. 
 
 It is a painful neceffity refulting from modern in- 
 novation, which makes me prove that the practice of 
 a Society of gentlemen was correct and liberal in 
 former times j but the unmerited and unexampled 
 degradation which has been meted out to Attornies 
 by unprecedented ufurpation, enforces this illuftra- 
 tion, as an imperious duty. A Mr. Cheevers, a Mr. 
 Nicholas Lowther, and other gentlemen of that pro- 
 feffion, obtained moieties of chambers in the fame 
 manner and on the fame terms with-Barrifters, and 
 had a full privilege of mixing with the legal body 
 upon terms of perfonal or official equality, ' within 
 the King's Inns Society. 
 
 I fee, however, a very good reafon why they did not 
 frequently folicit the tenure their bufmefs materially 
 differs from the Bar, both in attainment and execu- 
 tion ^ a crowd of clients forms the ufeful train of an 
 Attorney, for whom they muft have time and place, 
 and be entrufted with fecrets unfit or unfafe for a 
 third perfon to hear ; whereas, the Barrifters talent 
 is exercifed in the folitude of a fludy, or on a 
 crowded, but unconnected theatre, in which pofi- 
 tions the bufmefs is prepared or completed with the 
 moft powerful effect for official record, or public 
 execution. 
 
 However, no further obfervations mail be made 
 on this part of our fubjecl, until it becomes necef- 
 
 fary
 
 HISTORY OF THE 
 
 fary to date the. motives which lecl to a fubiequent 
 practical change. For the prefent I merely fubmit 
 to the reader's integrity and common fenie, \vhether 
 Iriih Barriflers and Attornies are fuch fenfelefs, fpi~ 
 ritlefs beings, as to enter into a voluntary Society 
 for the exprefs purpofe of fervitude and habitual 
 clifgrace. The truth fee.ms to be, all the Members 
 had a common imereiU and as the rules and ma- 
 nagement, except in a few inflances, evidently bore 
 that way, there was no ftruggle for fituation ;. 
 neither wealth, rank, patronage, nor power, awaited 
 the attainment, ?.nd where fuch accompaniments are 
 wantirvg, aflairs move in an uniform fphtre of in- 
 tegrity and indolence. 
 
 The account of Sir John Ellyot, the firfl Trea- 
 furer, was taken on the id of February, 1610, in 
 the following terms : " Imprimis, the laid Accompl- 
 ant itands charged \vith one cupp. of filver double 
 ^ilr, woiuhing iorty-four ounces, given by Lord 
 Deputy, Sir Arthur Chichefter ; item, fix fiiver 
 i'poonb, ;;iven by Sir Thomas Afue, Knight, one of 
 the fellov;;* of this 
 
 <* Money received for admittances ^85: 19: 2- 
 From Mr. Patrick Archer, Penlioner, one of the 
 fellows of this houfe, >^H." 
 
 However, even at this early period, there was 
 either negligence or default in King's Inns Officers, 
 for the learned and honed Earon received no col- 
 lectiou from the other Pensioners, Mr. Chriftoph; r 
 
 "Lynch,
 
 KINGS INNS. 
 
 kynch, or Mr. John Meade, and describes it in cor- 
 red legal language by the return of Ni/jilt. 
 
 " DUburfements under his infpection, with au* 
 thority horn the Society, amount for .the feme pe-f 
 riod to 64 19:8 fterling. Money imprefted (fuch 
 is the legal phrafe of entry) to the Steward, 
 19:9:0. By like warrant to the Under Trea- 
 furer, 3:0:0. Like money imprefted to the 
 Steward fince the 2d of February, 4:0:0 fter- 
 ling. He demanded allowance for fraall repairs, 
 0:17:6. Sununq Tot alls, (fuch is the entry) 
 82: 16:2. And fo remaineth due unto the 
 houfe in the hands of this Accomptant, 11:3: o," 
 
 This account was taken before Sir John Blenner- 
 halfet, one of the Barons of the Exchequer, and 
 Gerard Lowther, Efq. one^ of the Judges of the 
 Qourt of Common Pleas, Auditors appointed there- 
 unto by the Judges and Bench. Such was the ftate 
 in which a moft learned, fpirited, and numerous 
 body fatisfied their ambition. How fmall a balance 
 in the hands of the Xreafurer, with what prompti- 
 tude and integrity arranged, to borrow the legal 
 phrafe of old Plowden, " a notable precedent for 
 fucceeding times." 
 
 This appears the correct moment to compare the 
 commencement of our modern eftablifhment as to 
 finance, in point of extent, necefiity, or ufe, with 
 the revival of the King's Inns, in the , reign of 
 James I. 
 
 In
 
 92 HISTORY OF THE 
 
 In Trinity Term, 1789, fines of admifiion and 
 compofition for Commons amounted to the fum of 
 127 : 5 : 7, and (lamps 160 : o : o, making the 
 whole receipt for that Term 287 : 5 : 7. The dif- 
 burfements of the fame Term for advertifements, 
 bonds, &c. 7:5:2. Poundage 14:17:0, 
 which left a balance in the Treafurer's hands of 
 265:13:5. 
 
 The receipts of Michaelmas Term, 1789, 
 amounted to 222: 16:2, and the expenditure 
 15:0:3, of which 11:2:6 were the Treafu- 
 rer's poundage fees. Thus 473 : 9 : 4 remained 
 in that Officer's hands of the Society's money. 
 
 Receipts in Hilary Term, 1790, 1760 : 17:8, 
 and the expenditure 1866: 3 : 7, leaving a fmall 
 balance in hand of 368 : 3 : 5!. A purchafe of 
 Government Securities occafioned the preceding 
 large difburfements, as a fmgle milling was not laid 
 out in any literary or profeilional improvement. 
 
 We muft, however, proceed with clerklike in- 
 tegrity, and arithmetical accuracy. The receipts of 
 Eafter Term, 1790, amounted to 228 15:4, and 
 the expenditure, including poundage, 16 : 8:0. 
 
 Where no vifible objecl appeared for the pre- 
 ceding income, taxation would fcarcely be reforted 
 to in any other country to double or increafe it ; 
 however,, the meafure was adopted without any 
 previous notice or general alarm. 
 
 The
 
 KING'S INNS. 93 
 
 The fubjeft aflumes more importance in point of 
 wealth, as well as its fingular management; 
 580 : i : 9! now dignities the page as a balance in 
 the Treafurer's hands. The receipts of Trinity 
 Term, 1790, amounted to ^275 : 15 : 4!, and the 
 expenditure, confiding entirely of poundage or cha- 
 rity, was 18 : 1 6 : o. The effects of great and 
 growing refources already appear in an item of in- 
 tereft upon Government Securities, which increafed, 
 was increafing, and promifed to accumulate to a 
 boundlefs amount. 
 
 But to proceed 837 : 7 : 2 in Michaelmas 
 Term, 1790, was the Treafurer's balance, the 
 receipts 364:6:2, and the expenditure 
 976:6:4. Good news for legal profefforsJ 
 more Government Securities purchafed. 
 
 Under the preceding principle, with an indul- 
 gence of charity, fome ufelefs expences may be 
 overlooked, and the fmall balance of 126 : 7 : o 
 in the Treafurer's hands riot difpleafe the reader. 
 
 He mall, however, have ample compenfation in 
 fucceeding Terms. The receipts of Hilary Term, 
 1791, amounted to 341 : 17 : 6, and the expen- 
 diture only 43 : 8 : 3. The managers feemed alfo 
 to adopt a fharpneis fuited to profperity, and de- 
 nounced the Receiver General of the Stamps as 
 having received 224 : o : o of the Society's mo- 
 ney, and remaining to that amount in their debt. 
 
 Balance
 
 $4 HISTORY OF THE 
 
 Balance in the Treafurer's hands in Eafter Term, 
 1791, 42-4:16:3. Receipts in Eafter Term, 
 1791, 233:10:8. Expenditure during faid 
 Term, nothing, fave poundage, and that only 
 11:13:6. 
 
 Balance in Trinity Term, 1791, 646:13:5. 
 Receipts 470: 18 : 10, and the expenditure, in- 
 cluding poundage, 33 : J i : o* 
 
 Balance in Michaelmas Term, 1791, 1084: 1:3. 
 Receipts in faid Term 256 : 8 : o. Expenditure, 
 including poundage, 25 : 7 : 2. 
 
 Balance in Hilary Term, 1792, 1315:2:1. 
 Receipts in that Term, 4452 : 18 : 9!, and expen- 
 diture during faid Term, including poundage, 
 217: 13 : 6, amounted to 664: 16: if. 
 
 Whereby a balance of 5003 : 4 : 9, exclufive 
 of Government Securities, remained in the Trea- 
 furer's hand. The Receiver General's (lamp arrcar 
 no longer incumbers the page, though th :re is no 
 credit given for it, nor any infolvency. avowed. 
 
 In the year 1792, a front of one hundred and 
 fifty feet, and upwards, prefer, red iifelf for building 
 an hall, chapel, and library, which fite was then 
 vacant, part of the Society's eftate, and ranged in 
 front of the Inns-Quay, adjacent to the New Courts 
 and Public Offices, with a fpacious rere, fuited to 
 the jpipprtance or dignity of public buildings. Even 
 
 ground
 
 KING S INN6. 95 
 
 ground could be then cheaply acquired for a fm'all 
 furroundin^ fqunre. Thither t!;e profellion would 
 mofl cheerfully relbrt, aij<] -.uaiime the appearance 
 of a corporate eflabJifhinent without any power to 
 excrcife internal corruption, or perpetuate the mif- 
 chief by an abufe of Royal privileges. A pecu- 
 niary fund alfo exifled fufficient to commence the 
 improvement upon a fcale commenfurate with na- 
 tional and profeffional dignity. But a minute dif- 
 cuflion of thcfe principles more properly falls within 
 the concluding part of this Work. 
 
 The sera of George or James could not, it feems, 
 differ more in legal maxims, or conftitutional cuf- 
 toms, than in the interior management of the King's 
 Inns in thefe feveral periods. 
 
 Commons immediately commenced on the revi- 
 val in 1607. Eleven years preceded that meafure., 
 from the Statute ifc 1782, before a fimilar mftitution 
 took place. Voluntary fubfcrJJ^ious equally levied 
 upon all the members, upheUTthe former connex- 
 ion, and were faithfully applied to the common con- 
 venience of all parties, whilft parliamentary taxa- 
 tions feconded aift-ffments in modern days, one penny 
 of which was not paid by the planners themfelves, 
 nor expended for the benefit of the perfons upon 
 whom it was levied. 
 
 Seniors or Dignitaries under James aflumeddifm- 
 terefled trouble, and fubmitted within the pale of 
 the Society, their rank and flation, to an equality 
 
 with
 
 96 fclTORY OF THE 
 
 with other ordinary members. On the late revival, 
 a marked reparation formed a preliminary to unde- 
 fined authority and chartered fervitude. 
 
 In the former period, unanimity appeared to go- 
 vern the Society, and rival factions did not arife in 
 an inftitution, alike deftitute of power or wealth. 
 
 In our time the evil fpirit of party influenced 
 every movement, and extended the allurements of 
 profit, whereby the Society funds were expended 
 alternately to fuftain and deprefs hoflile or friendly 
 connexion. The preceding innovations had no pre- 
 cedent in former King's Inns practice, nor in the 
 legal eftabliftiments of other countries* 
 
 But the reader mall not be longer detained by a 
 comparifon of the fyftems ; the obfervations arofe 
 from the flrong diflimilitude of finance which graced 
 each revival, and has therefore beeft conceived wor- 
 thy of the reader's attention, it may alfo help to re- 
 gulate his judgment as to future difcuffions. I have, to 
 borrow the words of old mafter Littleton, given him 
 atafte in the preceding extracts, to provoke an appe- 
 tite for the fuller repaft which mall be prepared to 
 fatisfy his curiofity in the courfe of this Hiflory. 
 
 From obvious caufes the inftitution increafed in 
 political confequence, and gave added luftre to its 
 Members in the fcale of Society, therefore every 
 perfon whofe rank or fituation entitled them to the 
 diflinftion, folicited admifiion into the King's Inns. 
 
 The
 
 KING S INNS. 97 
 
 The Irifh Chancellor, Dr. Jones, Archbifhop of 
 Dublin, became a member on the twenty-fifth day 
 of February, 1609 10, and dignified his approach 
 by the introduction of a more illuftrious churchman, 
 James Umer, afterwards Archbifliop of Armagh. 
 The Society alfo mewed fuitable difcernment and 
 integrity by appointing Umer to be their Chaplain 
 or Preacher. With the Chancellor, Dr. Adam 
 Loftus, then a Privy Counfellor, and Mafter in 
 Chancery, was admitted : he was an able and emi- 
 nent man, who attained the rank of peerage, and 
 held the Great Seal with dignified fii;mnefs, and dif- 
 tinguiflied legal (kill. 
 
 There is an heartfelt pleafure in recording honed 
 deeds, or public fpirited perfons, which indulgence 
 forms fome atonement to a Writer's feelings for the 
 awful neceflity whereby he is bound by hiftoric duty 
 or patriotifm to expofe the evil motives and corrupt 
 practices of others, who abufe profefiional rank and 
 official ftation, to the oppreiliou of cotemporaries, 
 and the lading injury of their country. 
 
 The Society moved in progreffive dignity, and on 
 the fird of May, 1610, Donough, Earl of Tho- 
 mond, folicited an admillion, and gave an hogfhead 
 of wine to the houfe. On the fame day, Lord But- 
 ler of Tullow Phelim, (fon-in-law and heir to Lord 
 Treafurer Ormond) became a Member. This 
 young Nobleman, with a fpirit fuited to his age, be- 
 dowed two hogmeads of wine. Other refpectable 
 perfons courted the connexion, and attained it with 
 
 H more
 
 98 HISTORY OF THE 
 
 more frugality ; fuch as Sir Henry Harrington, and 
 Sir Gerald Moore, of Mellefont. On the twen- 
 tieth of June, in the fame year, Maurice, Lord Vif- 
 count Roche and Fermoy, and Sir Richard Mori- 
 fon, Vice Prefident of Munfter, became Mem- 
 bers. 
 
 In the fame groiipe we find Sir Richard Boyle, 
 afterwards the great Earl of Cork, who was not 
 prevented by an acquiring difpoiition from prefent- 
 ing to the houfe a filver cup. 
 
 On the twenty -feventh of January, 1611 12 5 
 an illuftrious Prelate, Dr. George Montgomery, 
 Bifhop of Meath and Clogher, became a Fellow of 
 this houfe, and with his accuflomed liberality of cha- 
 racter, bellowed a filver cup. Anxious as I muft 
 ever be to exhibit, in a prominent point of view, the 
 proper conduct of our legal Society, it is an eafy 
 and natural prefumption to believe, that the known 
 public fpirit and clerical merit of Montgomery at- 
 tracted, the attention of fuch a wife and learned bo- 
 dy, who therefore paid him this merited compli- 
 ment, which, except in that point of view, could 
 not be a fubject of attention, much lefs folicitation^ 
 to the modeft and unafluming churchman. 
 
 I mall clofe thiY lift of Members allied to the So- 
 ciety, not by profeiTional purfuit, but honorary or 
 interefted admiflion by a Member of our Inn, whom 
 the Parent Societies in England cannot rival.
 
 KING'S INKS. 99 
 
 Roger Boyle, Efq. fon and heir apparent of 
 Richard Boyle, Knt. is admitted into the Society 
 on the i2th of June, 1612, and his fine was re- 
 mitted by unanimous confent. This boy was born 
 in the year 1606, and died in 1615. He had a bro- 
 ther of the fame name, born in 1620, who is well 
 known as a claflical, courageous, and politic cha- 
 racter, under the titles of Broghill and Orrery. Well 
 might the King's Inns Society merit excufe for an 
 harmlefs variance from the Englifli legal fyftem, 
 when an Irifli Cabinet and Chancellor fo far abufed 
 official duty as to call to the rank of peerage two 
 minor fons of this favoured Courtier the preceding 
 annals of England did not produce a fimilar prece- 
 dent, nor has the illegal indulgence been folicited 
 or fandioned by our prefent amiable Monarch in 
 favour of thofe diflinguifhed children of the State, 
 his accomplifhed fons. His Majeily has thus far imitat- 
 ed the great hero of CrefTy j for in Cotton's Abridg- 
 ment, p. 94, we find that Edward III. declared toParli- 
 ament, by his Chancellor, an intent to create fuch of 
 his fons as were of full age to the rank of peerage. 
 In fo folemn a manner did the conqueror of France 
 recognife the rules and principles of Englifli Law. 
 An cnterprifing colonial adventurer, however, un- 
 hefitatingly obtained from the colluiive corruption 
 of Irifli Government, patents and privileges, dif- 
 claimed by Kings, and equally fubverfive of com- 
 mon fenic or eitabiifiied freedom, but which fpriiig- 
 ing from trifling motives, and confined to narrow 
 circles, extended in the end io national Councils, and 
 II 2 turned
 
 /CO HISToKi OF THE 
 
 turned the found maxims of Irifli Law into worm- 
 wood and rapine. 
 
 Even this King's Inns precedent probably led to 
 the fubfequent peerages, though that compliment 
 was merely intended to confer legal rank, and con- 
 fine its effects to a new created^ voluntary inftitu- 
 tion : for the wife and prudent father forefaw that 
 Law was likely to fuperfede military habits in this 
 country : in fuch cafe, its profeiTbrs mud aflume a 
 correfpondent rank, and as Ant'mity was more ufeful 
 'in the legal line than in any other purfuit. Young 
 Roger would, before manhood, attain that ufeful 
 fituation, and thus far refemble the Duke of York, 
 who has been for many years the fenror prelate of Eu- 
 rope, at leafl fince the death of that expatriated Stu- 
 art, who affumed a fimilar title. 
 
 The peaceful and inglorious reign of James may 
 be fully explained in the legal Hiftory of either 
 ifland. Its leading feature and principal vice lay in 
 an unbecoming apprehenfion of Parliament, and 
 unfuccefsful attempts to miflead or controul that 
 constitutional organ of national will ; Ireland af- 
 forded a fair field for this difgraceful enterprife, and 
 every effort of the Cabinet was directed to that end. 
 
 The regular reprefentation of the country was 
 not relied upon, though the late grants of the Crown 
 were fo enormous as to interefl a great portion of 
 the landed proprietors in fupport of prerogative, 
 
 which
 
 10. 
 
 which was alfo directed to render the remaining te- 
 nure of eftates fervile and infecure. 
 
 Religious phrenfy was likewife made ufe of to up- 
 ,hold courtly humour. Law was to be alternately 
 relaxed or enforced, as thefe hoftile parties exhibited 
 rival fymptoms of complaifance and fubiniffion. In 
 this manner a fmothered flame was formed in each 
 kingdom, which ripened during the reign of James, 
 but blazed with unequal, yet unabated fury, to 
 fcorch or confume his unfortunate fucceflbrs. By 
 political prefumption, repugnant to Englifli Law or 
 national habits, Fjlmer and James contributed more 
 to t the revolution than Hamden or Sidney. 
 
 This Monarch did not combine the Study of mea 
 .with books, and therefore failed in the moll eiTential 
 quality of a ftatefinan. The timidity of his temper 
 alfo urged him to aft from momentary impulfe, and 
 not direct his judgment to remote political projects. 
 "Had not this been the cafe, he would not, for the 
 trifling fervice of one Parliament, create forty new 
 Boroughs, and enable families, as by hereditary fuo 
 ceffion, to ufurp reprefentative fituations, and thus 
 form an interefted phalanx, equally dangerous to 
 the Crown, as the Nation. .Selfifb courtiers alone 
 received a real benefit and fixed inheritance, whilft 
 the Royal character was difgraced by employing le- 
 gal forms to fubvert the Conftitution. 
 
 A corrupt domeftic Government cxergifeJ cor- 
 refpondent malpraclice, and permitted or encou-r 
 
 raged
 
 102 HISTORY OF THE 
 
 raged returning Officers to violate their truft in the 
 moil bare-faced manner. Irifh Lawyers were, how- 
 ever, too fpirited and learned to yield to fuch inno- 
 vation : by their exertions the nation was roufed to 
 a fenfe of its legal rights, and James found, in the 
 firmnefs and zele of deputed members, a fpirit not 
 inferior to the (late puritans of England. That weak 
 Prince had alfo the mortification to feel that this 
 new acceffion fprung from his own partiality and 
 mifmanagement. 
 
 It is unneceiTary minutely to enquire how far the 
 feveral returns were legal, but as there appear many 
 authenticated complaints of arbitrary acts, and 
 courtly practices, a concife and general review or 
 commentary cannot be entirely ufelefs or ill-fuited 
 to an account of the Irifh legal body ; befides, it 
 may contribute to the main object of my defign, 
 which is, to exalt and ftrengthen the character of 
 exilting monarchy, parliamentary reprefen ration, 
 and judicial practice, by the contrail which each ex- 
 hibits to the enormous abufes committed in former 
 periods, or even under the peaceful and inglorious 
 reign of James. 
 
 Members elected by pretended Corporations ; re- 
 turning Officers exerciilng fimilar partiality in favour 
 of themfelves, or difpenfing injuftice at their elec- 
 tion Courts, formed a mafs of complaint, highly 
 intituled to parliamentary enquiry. Such difcudion 
 was, however, counteracted by courtly influence, 
 and referred by James to a motley Commiffion, 
 
 compofed
 
 KING'S INNS. 1*03 
 
 compofed of the Deputy, an Irifii Chief Judge, and 
 three Englifh Courtiers. 
 
 The bufmefs was conducted and concluded as 
 may be expected from this preparatory ftep. Mem 
 bers for the New Corporations were confirmed in 
 their feats, not merely from an error in judgment, 
 but in direct oppofition to the refolution of Englifli 
 Judges, as reported by Coke in the Dungannon 
 cafe,^ for James promptly confulted that fage body 
 to ianctify Cabinet meafures, and yet deviated from 
 jheir decifion at the fuggeftion of prejudice or felf- 
 mtereft. This temporary turn fucceeded, and ille- 
 gal reprefentatives profaned the Temple of Legif- 
 Jation. 
 
 The King then feemed willing to cancel thefe 
 newfangled Corporations, which he admitted, re- 
 fembled by their poverty or want of population, the 
 ancient ruined towns of Ireland. \Even Dungannon, 
 the Deputy's property, contained in 1619, but nine 
 {tone, and fix timber houfes built, and fix ftone and 
 fix timber houfes ready to be roofed. When fuch 
 was the 'ilate of a borough town, favoured by Vice 
 Regal patronage and refidence, the reader will eafily 
 perceive the profperous pofition of rival or fur- 
 rounding communities. 
 
 Legal mifchiefs, however, rife from trifling vari- 
 ations, but are extended by felfifh malignity to col- 
 lateral purpofes, and thereby difpenfe incalculable 
 jnifchief to remoteft pofterity. Little did James 
 
 forefee
 
 104 HISTORY OF THE 
 
 forefee that he created a weight of corporate cor- 
 ruption, equally hoftile to Royal prerogative, or 
 popular rights, and which malady continuing for 
 ages, has been in our time confidered a grievance 
 not demanding fuppreflion, but entituled to perpe- 
 tuity or purchafe. It may well be imagined, that 
 Sheriffs, or fimilar corporate miniflers, returning 
 themfelves, exhibited fuch a contradiction to com- 
 mon fenfe, and common law, as to meet general 
 approbation in an immediate abolition of the fihgu- 
 lar prefumption. Cabinet pride, however, fup- 
 ported the glaring wrong, and Doclor, afterward 
 Sir William Temple, (though Provoft, and as fuch, 
 returning Officer) gravely returned himfelf and 
 another Civilian for the Univerfity of Dublin, in 
 the year 1613. The fyftem of voting, authorifed, 
 or at lead praftifed, alfo varied from the principle 
 eftablifhed either at Oxford or Cambridge, whereby 
 thai incorrupt feminary, by the youth or paucity of 
 fuch voters, has been periodically fubjecl to party 
 difturbance, and improper internal influence among 
 its refident members. 
 
 The glorious sera of Elifabeth afforded, for the 
 preceding abufes, an appropriate precedent, enti- 
 tuled to immediate adoption. For Sir Henry Syd- 
 ney corrected fimilar grievances without any refer 
 rence to an Englifti Cabinet, or his enlightened So- 
 vereign. But James and his Ad mini ft ration ex- 
 ceeded Elifabeth or her advifers as much in perfo- 
 nal obftinacy, as they receded from the great ori- 
 ginal in political wifdom. Where fuch glaring vari- 
 ations
 
 KING'S INNS. 105 
 
 t 
 
 aliens from Englifh eftablifhed Law were upheld by 
 the hand of power, it requires neither fact nor il- 
 luftration to prefume, that returning Officers exer- 
 cifed a wild riot of corrupt difcretion, according to 
 the dictates of Vice Regal influence or party prin- 
 ciples. By the preceding practices the Houfe of 
 Commons fwarmed with hackneyed courtiers or 
 hungry expectants. 
 
 / 
 
 An extenfive expected attainder afforded anxious 
 fpeculation, with an ample premium for active fervi- 
 lity, whilft threatened religious perfecution prefented a 
 further profpect for growing difloyalty. The nation, 
 however, felt a fecurity from the latter unchi iftian 
 fyftem, by James's timidity, which directed him ra- 
 ther to rely upon Elifabeth's Statutes, than difturb 
 the mafs of lower claffes by progreffive feverity or 
 reftraint. Scholaftic vanity alfo feconded this natu- 
 ral difpofition. That preiumptuous pedant affumed 
 the novel, but difficult tafk, of converting obftinate 
 religionifts, and confounding Papal fupremacy by 
 literary efforts. Bellarmine or Suarez were, how- 
 ever, held in no greater deteftation than Vorftius or 
 Calvin, and Popery was no further abhorred by 
 James, than as it claimed fuperiority over his abfo 
 lute Regal dominion. 
 
 Fortunately the fupreme Pontiff did not tempo- 
 rife ; otherwife the true fpirit of reformed religion 
 would be moulded by James's complaifance into a 
 clofe refemblance with the Roman Catholic fyftem. 
 
 Royal
 
 IO6 HISTORY OF T.HE 
 
 Royal grants foirned a more interefting ftabject 
 to cotemporaries, though the prefent age is no fur- 
 ther engaged in the difcuffion, or the rights of flrug- 
 gling parties, than as the meafure tended to melio- 
 rate or improve national profperity. 
 
 Whatever may be the motives of individuals at that 
 period, private wealth, political ftrength, and per- 
 fonal peace, fprung from that rich fource. A fpe- 
 cies of feudal fyftem, equally hoftile to national 
 ,dignity or liberty, has infenfibly been moulded 
 through Ireland, into a complete fimilitude with 
 Englilh property, and muft progreffively improve if 
 Law receives in this country a profeffional interpre- 
 tation, equally correct, and from other claffes of 
 people a cordial and animated fupport. 
 
 The refiftance of Parliaments under the Stuarts 
 principally fprung from exacting unlimited obedi- 
 ence, inilead of permitting internal factions to 
 \veaken each other by rival attacks, and thus oblige 
 them to apply for occafional fupport to the courtly 
 balance. But a ftrift obfervance of legal forms, 
 and obedience thereto, mould be the condition at 
 leail of governmental favouritifm. 
 
 Whereas the general nabit was to abfolve the mi- 
 nions of a Viceroy from fuch an unpleafant reftrainf, 
 forgetful, that oppofition became propcrticnably 
 violent, and feemed juftifiable in its warmeft excels, 
 whilft upholding civil and religious freedom from 
 
 finking
 
 KING'S INNS. 107 
 
 finking beneath the preffure of corruption or ty- 
 ranny. 
 
 Under the influence of fuch principles or preju- 
 dices, James found that in- defpite of all previous 
 management, there was q, very clofe contefl for the 
 fituation of Speaker. 
 
 The rival candidates muft appear equally remark- 
 able to impartial pofterity. Sir John Everard was 
 an Irifhman of ancient Englifh defcent, extenfive 
 landed eftate, and who had held a judicial office 
 with integrity and talent. Sir John Davis was an 
 Englifhman, of lively genius and universal know- 
 lege, but unknown in this country beyond the circle 
 of the Cattle or Four Courts, and a legal adventurer, 
 whcfe pr jperty confided of abbey grants, or a por- 
 tion of conrifcated lands. 
 
 Thus, Fellows of the King's Inns took a lead in 
 parliamentary movements, as did other members of 
 the legal profeffion through all the fubfcquent de- 
 bates. If the Court determined to uphold their fa- 
 vourite by weight of prerogative, or the admiffion 
 of improper votes, oppofition feemed to forget, by 
 a premature act of '! : -ilion, the parliamentary ob- 
 jection which lay to the admiffion of an Attorney Ge- 
 neral, at that time, as a private Member: lor in 1614, 
 it was refolved in England, that the Attorney fliall 
 in that Parliament remain, but no fuch Member to 
 ferve as a Member after. In Ireland the preceding 
 indulgent practice had never been adopted by any 
 
 Parliament ;
 
 !OO HISTORY OF THE 
 
 Parliament-; and Sir Lucas Dillon, an Trim Attor- 
 ney General, did not fit in Sydney's time, but at- 
 tended as an affiftant to the Upper Houfe, and when 
 called upon as an advifer to the Commons. 
 
 An appeal was made to the King, who precipi- 
 tately iind obftinately adhered to Minifters, though 
 his affecied enquiry favours of a doubt as to the 
 greater number of voters. His fecond reference is 
 characteriftic of James. An examination was to be 
 had, whether any, and how many, of Everard's 
 voters fpoke no Englim, or underilood the Bible. 
 Had Nelfon lived under fuch a Monarch, the Sound 
 or the Nile would not recommend him to employ- 
 ment more certainly, than a mixed portion of court- 
 ly and fcholaftic craft. 
 
 The preceding ftruggle involved Courts and Se- 
 nates ; it alfo exhibits the firft authentic record of 
 King's Inns fervility and corruption. A copy of 
 this fingular and degrading document is therefore 
 fubmitted to the reader with becoming accuracy : 
 
 " A Council holden in the King's Innes the i 
 of November, in the year 1614, in the year of the 
 reign of our Sovereign Lord James, &c. concern- 
 ing a Letter received from the Right Honourable 
 the Lord Peputy, the copy whereof enfueth : 
 
 " To my honourable friends, the Lords Chief 
 Tuftices of the King's Bench and Common Pleas, 
 the Lord Chief Baron of the Exchequer, Matter of 
 
 the
 
 KING'S INN 4. 
 
 the Rolls, and the reft of the Members of his Ma- 
 jetty's Inne of Court, 
 
 " After my verye heartye commendation unto 
 your Lordfhips, &c. Whereas Sir John Everard has 
 been heretofore required toforbeare the Commons and 
 Affociation of the Houfe, which from the firft ereclion 
 thereof he has enjoyed, untill it was of late tyme 
 that he fell into fome diflike 'with his Majefty and this 
 
 / / J 
 
 State, and as much as we have again heard a very 
 good and conftant report of his late dejneanour in this 
 prcfcnt Parliament, and that toward his Majejly's 
 Service, and fuch like objects, he doth regaiiie unto 
 himfelf an opinion of much fmcerity and ablenefs 
 to ferve. Thefe are therefore in confideration there- 
 of, to praic and require you to accept of him a^ain 
 into Commons amongft you, and not only ib, but al- 
 ib when you have fit occafion and means, tofurni/h 
 him with a convenient lodging within the fame, accord- 
 ing to his worth and the good abeiring he hath givtn of 
 himfelf in every thing, faving his opinion in fome mat" 
 Icrs of Religion. But with this refervation, that this 
 favour extended towards him mall be no precedent 
 for others to expect and labour for the like without 
 the like merit and approbation. So not doubting of 
 your kind refpecl in this, I bid you heartely fare- 
 well, and reft your Lordfliip's, &c. 
 
 Very afTured Friend, 
 ARTHUR CHICHESTER." 
 
 We
 
 1IO HISTORY OF THE 
 
 We have thought fit upon confideration of this 
 Letter, in defire of obfervance of the fame r to. re- 
 ceive the fame gentleman within written, with all 
 graces intended to him by the fame Letter, 
 
 Such was the patronage extended to the legal pro- 
 feffion by the fapient Cabinet of Ireland, and the 
 concealed object of the Deputy's interference on its 
 revival. Sir Edward Coke frequently illuftrates 
 Englilh Law, by a commentary on ancient, obfcure, 
 and reprehenfible records. The impartial or enlight- 
 ened reader will excufe me, if, in humble imitation of 
 our great matter, I endeavour to give the foregoing 
 King's Inns Extract, or State Paper, an explanation 
 or comment. 
 
 Even the Deputy recognifes an equal and general 
 right in all the Members, the modern erection of 
 this voluntary Alfociation, and confines the extent 
 of its mean and malignant abufe, not to a preven- 
 tion from practice, but to expulfion from Commons, 
 and a re-enfry upon chambers held by no Ic^al title. 
 What man of honefly or fpiric would not feel him- 
 felf honored by a feparation from fuch impotent 
 tyrants and fubmiffive Haves ? 
 
 We cannot trace in what manner the meafure was 
 moved, or the irr'ority which carriea it, nor enjoy 
 the ftill greater gratification of recording thofe illuf- 
 
 trious
 
 KING S INNS. It! 
 
 trious names, who probably oppofed the original bafe 
 refolve. 
 
 Amid the party zeJe of tnglifh factions, no fimilar 
 act has ftained their legal body, I therefore humbly 
 recommend, that thelrim Student may form himfelf 
 to profeffional habits, extenfive learning, and con- 
 flitutional integrity, by a fteady perufal of Englifh 
 Hiftory, Records, and Law Books. When forti- 
 fied by that profound refearch to a juft abhorrence 
 of exercifing tyranny, or fubmitting to fervitude, 
 it will not be time mifspent to fcrutinife with eagle 
 eye, the fanciful variations and practical corruptions 
 of Hibernian growth. This happy union may ena- 
 ble him with energy and effect to purify the fyftein 
 in his native country, and thereby extend unmuken 
 loyalty with well regulated freedom through the 
 realm. 
 
 The terrors of the Council Table and Caftle 
 Chamber refcue Sir John- Everard from imputed 
 meannefs 'in accepting the proileied terms j for as 
 human conduct muft be ever meafured by the fitu- 
 ation of fociety, he would not have even the fupport 
 of public opinion to confecrate perfonal fufferirigs. 
 
 But as acts of tyranny at all times merit detefta- 
 tion in an empire of freemen, fo the guilty infl.ru- 
 ments mould not be protected by the hypocrify of a 
 monkifti aphorifm : it is the opinion of a great and 
 
 yirtuous Author, 
 
 \ 
 
 " That
 
 m HIStORY ofr THE 
 
 I 
 
 " That if it were poiTible to cut tyrants out of 
 all hiftory, and to extinguim their very names, it 
 ought to be done ; but fmce they have left wounds 
 too deep to be ever clofed without a fear, at leaft, 
 let us fet fuch a mark upon their memory, that men 
 of the fame wicked inclinations may be no lefs af- 
 frighted with lafting ignominy, than enticed by mo- 
 mentary glory." 
 
 In correfpondence herewith, I mean to exercife a 
 few obfervations : Sir Arthur Chichefter poflefled 
 power fufficient to crufh mod men uncjer legal 
 forms. A confirmed inferiority of early education, 
 prevented that exercife of the underftanding, which 
 gives to a ftatefman the hiftoric flrength of ages, or 
 to perfonal intercourfe, polifhed mildnefs of man- 
 ners. This perfection was wanting to his military 
 character in that line he never attained, even in 
 his own age, the fame of a confummate commander. 
 However, Fortune favoured, in a fingular manner, 
 his promotion. The progreflive fuccefles of heroes 
 and politicians for half a century, contributed to 
 give him the flation of Viceroy. The period alfo 
 gave to his perfonai dominion, impregnable ftrength, 
 and expofed his vanity to extravagant flattery. 
 
 Many adventurers owed an encreafed patrimony 
 to this feductive art, and gave it a direction until 
 that time unknown. Go/fipred and Fofterage formed 
 a link of union fo remarkable, among the ancient in- 
 habitants of Ireland, as to baffle the boafted faga- 
 city of hiftorians : it reached beyond the records of 
 
 literature,
 
 KINGS INNS. 
 
 literature, and may be ranked among the fmgulaf 
 cuflonis of mankind. Thus, that practice fancti- 
 fied by our Britifh anceftors 3 of ten men and ten 
 women feparately married, yet living together in 
 rival harmony, and rearing children in common, 
 or that growth of artificial feeling which influenced 
 their German cotemporaries to love nephews more 
 ardently than children^ might puzzle fpeculation, 
 and warrant fcepticilVn, were not the fa5ts authen- 
 ticated by fage and uncontradicted Hillorians* 
 
 In like manner, it was much eafier to feel the 
 unfocial vice of goflipred and fofterage, than t<> af- 
 certain its origin of caufe. Such fingular attach- 
 ment cettainly merited national difcountenance, and 
 juftly attracted legiflauve extinction. But a foftened 
 imitation of the reprobated principle foon met the 
 public eye, and is juilly referred to the time of Sir 
 Arthur Chichefler. Many perfons connected with 
 him by friendfhip, common intereft, or dqmefHc 
 fervitude, gave the whole of his powerful name to 
 children at baptifm, and looked for proteubii, or 
 patronage, from this empty fource. The craft has 
 crept through modern times, and at this moment 
 diftinguifhes Ireland from the other nations of 
 Europe. A luccellion of ages will thm afford a 
 new fubject for heraldic fkill, not in afcenaining the 
 defcent of diftinguimed men, but in feparating au- 
 thentic lineage from impudent impofture* 
 
 The judicial and parliamentary Hiflory of Ire- 
 
 land forms a molt interdting fubject to. natives or 
 
 I
 
 114 HISTORY OF THE 
 
 foreigners, yet neither has been hitherto fufficientl'y 
 furveyed by legal and conftitutional (kill, or calm 
 and dignified integrity, whilfl immoral feftarifrri 
 and petty warfare occupy fo large a portion of our 
 degraded annals. I fhall not dwell on either in a 
 more copious manner than feems adapted to a pro- 
 gremve illuflration of the King's Inns Society, and 
 the legal body at different periods of time. The 
 fubjecl is extremely feducing, and would be mate- 
 rially conducive to the permanent ftrength and con- 
 nexion of both iflands. The detail muft alfo exalt 
 the Conftitution of our empire, by fhe\?ing, that 
 in a full obedience to our legal code, like the Di- 
 vine will, confifts perfect freedom. This feeble 
 fketch may, however, be the precurfor of a more 
 perfecl; work, for though a want of health, leifure, 
 or talents, deters me from fo weighty a purfuit, I an- 
 ticipate the hope, that Providence 
 
 " To fuch bright taflc may an Irifli Lawyer raife, 
 * With powers furpaffing even a Livy's praife, 
 " Through that wide field his fteady fteps infpire, 
 ' And make Truth's radiant lamp, his leading fire, 
 " Guide his keen eye, and comprehenfive foul, 
 *' To mark each meaner part, yet grafp the whole ; 
 " Whilft freedom's fignet ftamps the manly page, 
 " And glory guards the Work from age to age. 
 ** Thus, Irifh youths from that rich fource may draw 
 " Senfe of their Rights, and Pnffion for the Law$ 
 Wifdom that loves, and Virtue that afpires 
 ' To reach that honor which adorn'd their fires." 
 
 Meantime the reader will permit me to be an hum- 
 ble pioneer to Genius, and authenticate the legal 
 Hiftory of Ireland by accurate quotation. 
 
 One
 
 KING'S INNS. 115 
 
 One material circumftance occurs from a com-' 
 parifon of the Journals of Parliament \vith the 
 King's Inns Entries : many Lawyers, marked by 
 official ftation, or deftitute of it, were either never 
 Fellows of that voluntary Aflbciation, or entered 
 therein at different periods; though they exercifed 
 profeflional, and even judicial flation, in the inter- 
 vening time. Henry Gcfnold) fecond Juilice in the 
 Prefidency Court of Munfter, and Member for 
 Cloghnakilty ; Thomas Hibbots, Recorder, and 
 Member for Carrickfergus, who was afterwards a 
 Knight, and even Chancellor of the Irifh Exche* 
 quer j Andrew Barret, afterwards created a Baro- 
 net, a man of mod ancient Englifh lineage, and 
 Reprefentative for that opulent and extenfive dif- 
 tridt,, the County of Cork ; George Cafy< Re- 
 corder of Derry, though his colleague, Thomas 
 Crewe, was entered in the King's Inns j Domyan 
 Peck, Member for Tuam, and Attorney General 
 for the Province of Connaught; John Sutton, 
 Member for the County of Kildare, and colleague 
 with William Talbot of Cartovvn ; James Galway, 
 Member for the City of Limerick, though a Mr. 
 Geoffry Galway from the fame plaee is an original 
 Voluntary Member on the revival in 1607. 
 
 The" preceding gentlemen were never on the Rolls 
 of the King's Inns. The following appear Members 
 of that Society years after they fat in Parliament, 
 and were avowed as Barrifters by indubitable t\i- 
 dence : Thomas Crooke, Member for Baltimore, 
 afterwards a Baronet, and entered on the King's 
 
 1 2 Inns,
 
 Il6 HISTORY OF THE 
 
 Inns, even his fon became a Member the fucceed- 
 ing year ; William Crofton, Member for Donegall, 
 and others in fubfequent Parliaments. 
 
 This Companion of the Journals with the Black 
 Book, confirms me in an opinion, that at that pe- 
 riod a prac"Hfmg Barrifter or Attorney, and a Mem- 
 ber of the King's Inns, were not fynonymous, though 
 it is obvious, how eager perfons muft be to affociate 
 with their dignified brethren. Several Attornies 
 were in the Parliament of 1615, fome of whom 
 were Members of the King's Inns, and others not. 
 
 Among the former we find a Mr. John Warren, 
 Member for Navan, a gentleman of rnofl ancient 
 land refpectable family, anceftor to our gallant 
 countrymen, Sir Peter Warren, and Sir William 
 Johnfon, nephew to that Admiral,- AVere that gen- 
 tleman, or the firft Under Treafurer, Jacob New- 
 man^ fo degraded in rank or fpirit, as to furrender 
 their perfonal and profeffional independence by a 
 voluntary engagement, dyet and lodging would not 
 be purchafed in that manner by the bafefl outcaft 
 of our legal tribe. 
 
 I conceive, however; that it is wifer to confide? 
 the above point as fettled, and gradually defcribe 
 the progrefs of the change. If fads did not thus 
 glaringly (tare me in the face, my feelings are un- 
 concerned upon the fubjecl, but perfonal character 
 exacts an adherence to truth and fincerity of 
 fentiment, without bending to k any private intereft 
 
 or
 
 KINGS INNS. 
 
 or perfonal humour. It furprifes me not a little, 
 that no Irifh Civilian, /during James's reign, fave 
 Sir Adam Loftus, became a Member of the King's 
 Inns, efpecially as that learned body never formed 
 a collegiate connexion in this kingdom. 
 
 In modern times, molt Irifh Pra&icers of Civil 
 Law, are alfo Common Lawyer?, which was not, 
 however, the cafe in 1615, when three or four emi- 
 nent Civilians fat in Parliament. Thefe gentlemen 
 had been educated in Oxford or Cambridge ; for 
 but one degree in Civil Law was conferred ki Dub- 
 lin Univerfity, until the year 1614, to which pe- 
 riod the total number [of graduates amounted but 
 to one hundred and nine. 
 
 Let the reader calmly refleft on. its fubfequent 
 progrefs, nor confine his view thereto, but extend 
 the patriot vifion through every avenue of national 
 purfuit. An Irifhman, animated by fuch reflex- 
 ions, will probably thank Heaven for being born 
 a fubjecl of the Britifh Empire, and under the reign 
 of George III. 
 
 This Parliament repealed fome Statutes, which 
 marked the barbarifm of Government much more 
 Arongty than the clans profcribed thereby. Though 
 this wife enactment was countenanced by the Crown, 
 and fupportsd with all its influence, fuch was the 
 hereditary and interefted prejudice of that day, that 
 three Irifh native Members oppofed the meafure. 
 With what malignant plcafure would fuch legiila- 
 
 tors
 
 IlS HISTORY OF THE 
 
 tors enjoy a field of civil war, and anticipate an 
 harveil of confifcation ! 
 
 As a prefumed derangement, or improper expen- 
 diture of King's Irms revenue, influenced a publi- 
 cation of what was originally compiled from motives 
 of private curiofity, I mall clofe the King's Inns 
 account of this reign, by a concifc, but correcl: ex- 
 planation and comparifqn cf the fyftem, as it ftood 
 immediately previous to James's demife, and on the 
 revived or improved arrangement in 1792, which 
 the reader will probably neither think uriimerefling 
 or fuperfluou.s. 
 
 The account of Michaelmas Term, 1622, flan.d^ 
 thus : Received of Mr. Nicholas Lowther, Under 
 Treafurer, for penflons due this Term, ^2:0:0, 
 and arrears formerly due, /? : 12:0. More re- 
 ceived, 0:12:0. Paid unto Hugh Weft, due 
 unto him for wages for him and his kitchenners, 
 and for warning, and for other moneys laid cut for 
 the houfe in two years lad pad, more than received, 
 13 : 4 : 2, viz. unto the baker, /'8 : o : o, unto the 
 brewer, ^3 : 10:0, and unto himfelf the remain- 
 der, being i : 14: 2. Paid to the butler for his 
 wages, the fame Tearme, 0:16:8. To the por, 
 ter, for his wages, i : o: p. For necefTaries in 
 the houfe, 0:3:2. 
 
 Payment
 
 KIKG'S INNS. 
 
 Payment this Tearme, - 15 : 14: <s 
 Receipts, - 10: 4:0 
 
 So refts due to the accountant, $: 10 : o 
 
 As .our ,age may be termed financial, it is the 
 more necefiary to aflert and encourage a ftricl ob- 
 fervance of order, integrity, and correfpondent 
 ceconomy. Private foeieties and corporate efta- 
 blifhments reprefent the nation on a confined fcale : 
 a fenatorial ipirit therefore becomes every fubjecl: 
 of our empire, in honeft enquiry, and (when pre- 
 fumptive mifmanagement appears, by concealment 
 or fufpecled.jobs) cenforial critic.ifm, With this fixed 
 principle, to compenfate thanklefs toil, and regu- 
 late faithful refearch, the reader mail be indulged 
 with termly receipt, and expenditure for an equal 
 period in modern time, as it is intended to exhibit 
 from ancient and uncontefted authority. 
 
 In Michaelmas Term, 1792, brought as a ba- 
 lance from the preceding Term, 1227:4:31. 
 Fines, 308 : 17 : 6. Stamps, 450 : o : o. Cham- 
 bers, i 103 : 7 : 6. Library, 5 : 13:9. Total, 
 
 The difburfements of the faid Term, Moore's 
 .quarter's penfion, 2 : 10 : o. Sweeping the Courts 
 one quarter, 5 : o : o. Alterations, repairs, fur- 
 niture, iron cheit, bottles, &c. 505 : 8 : 10. Ser- 
 vants clothes, gowns, printing, advertifing, &c. 
 
 60:4: i..
 
 I2O HISTORY OF "THE 
 
 4 : if. Rent for Hall, and quit rent, 
 51 11^4. Government" Securities porchafed, 
 (viz. i(5 Debentures) 1467; 12:4. Poundage, 
 93 : 7 : o. Carried forward to the el-edit of the 
 fucceeding Term, 909 : 19:6. Total amount, 
 ;Co95 3 " ^' Such is the firnilitude of the So- 
 ciety's funds in James's reign, and our happier time. 
 
 If fuperior income appears proportioned to na- 
 tional wealth, the comparative portion of the Trea- 
 furer and Under Treafurer mult attract equal fut- 
 prife, 
 
 In the former period, two refpeifhblc Members 
 of the Society, a Chief Judge, arid an Attorney, 
 whc T yas brother to a Judge of the Common Pleas, 
 and a Baron of the Exchequer, filled "thefe offices. 
 This diitinguimed legal pair laboured for a year, 
 and finally appeared to be out of pocket, \vhilft the 
 modern Trcafurer received in poundage for one 
 Term, nearly one hundred pounds, exclufive of 
 other newly efiablimed fees, making for that time 
 jointly, 304 : 3 : 8. The Deputy alfo, though 
 forgot in the article of poundage, had fees which 
 averaged nearly three hundred pounds annually. If 
 the reft of the profeffion avow their ignorance of 
 the preceding circumftances, as honeftly as I declare 
 mine at that 'moment, this publication will at leaft 
 have novelty to recommend it, and as far as the 
 profeffion or its proper fixture appears interefting to 
 the Members or their cotemporaries, the dignity of 
 
 the
 
 KING'S INNS. 121 
 
 the fubjeft will refcue a defective execution from 
 criticifm or contempt. 
 
 Left the reader may imagine that I have felefted 
 a particular Term, in different centuries, from anv 
 improper motive, the companion mail be continued 
 for two years at each time. It will not, however, 
 be requilke to fpecify each item, fave when fmgu- 
 larity 'attracts remark. 
 
 In Hilary Term, 1622 3, Difburfements, 
 16 : 1 1 : 1. Receipts that Term, ^5:10:0. So 
 refts due to the Treafurer, 11:1:2. 
 
 In Hilary Term, 1793, including /Vjop : 19:6, 
 brought from the former Term to credit, the receipts 
 are /i 424 : 12 : 3, the fame fum expended, fave 
 the balance carried forward. The Treasurer's fees, 
 
 77' l 7-4- 
 
 Eafter Term, 1623, 15: 19: 2. Receipts for 
 the fame time, /5 : 16 : 8. Due to the Treafurer, 
 10:2:6. la Eafler Term, 1793, including 
 929 : 13 : tfi, from lafl accounts credit, the receipts 
 are ^,'1465 : 3 : 3^. Expenditure fame fum, fave 
 the fum of 665:0:111, carried to the next 
 Term's credit. Treafurer' s fees, ^65 : 1 1 ; 8. 
 
 Trinity Term, 1623, Difburfements, 15 : 2 : 2. 
 Receipts, 3 : 1 1 : 10. L/ue to the Treafurer, 
 11 : 10:4. In Trinity Term, 1793, Receipts, 
 including the ufual balance from the preceding 
 
 Term,
 
 122 HISTORY OF THE 
 
 Term,; /i 568 : 6 : 4*. Expended faid fum, ex- 
 cept 96 : 2 : 7!, carried to fucceeding credit. Trea- 
 furer's fees for this Term, 152 : 13:0. 
 
 
 Michaelmas Term, 1623, Difburfements, 
 17:13:8. Receipts, 6 : 13 : o. Due to the 
 Treafurer, 11:0:8. Michaelmas Term, 1793, 
 Receipts, including the ufual balance, 1779:4: 8i. 
 Expended faid fumjfave the balance of 58 : 15:6? 
 carried forward. Treafurer's fees, 298 : 16 : 4. 
 
 Hilary Term, 1623- 4, the DifburCements, 
 16:8:8. Receipts, 8:6:8. Due to the 
 Treafurer, 8:2:0. Hilary Term, 1794, Re- 
 ceipts, including the fum brought forward, 
 1551 : 19: 5. Expended faid fum, favc 
 403 : 16:2, carried forward. Treafurer's fees, 
 
 Eafter Term, 1624., the Difburfements, 
 12 : 14 : o. Receipts, 5 : 16 : 8. Due to the 
 Treafurer, 6 : 17:4. Eafter Term, 1794, Re- 
 ceipts, including the fum of 403: 16 : 2, brought 
 forward, 4799 : o : 3. Expended faid fum, fave 
 the balance of 3423 : n : 2, 'carried to the credit 
 cf the following Term. Treafurer's fees, 
 373 : 5 : 4- 
 
 Trinity Term, 1624, Difburfements, 10 : 14:0. 
 Receipts, 10 : 13 : o. Due to the Treafurer, is. 
 
 How
 
 KING'S INNS. 123 
 
 How amply would my. feelings be indulged, if 
 this dull, but faithful detail, mall animate fellow 
 Praftkers to review paft miftakes, for the purpofe 
 of wholefome correction ! Timely attention to that 
 important point will enable them to exhibit King's 
 Inns account with the lofs only of what mull be 
 Submitted to, an improvident, perpetual bargain, a 
 remote and inconvenient fituatibn, an ill-fuited fcale 
 of architectural expence, and an.ufelefs wafte of 
 pad expenditure. Thus, a total negleft of inter- 
 nal management may be fucceeded by order and in- 
 tegrity ; the profeiiion re-aflume a ftation in fociety 
 correipondent to its rank, and its eflabliihment be 
 acknowleged. by Prince, Parliament, and People, 
 net to be more ancient than ufeful. 
 
 Meantime the accounts of Trinity Term, 1 794, 
 and its expenditure, mall clofe the prefent compa- 
 rifon. Receipts of that Term, including the above 
 balance of 3423 : 1 1 : 2, amount 10/10483 : 2 : 4. 
 Diiburfements during the faid Term, 1836 : 7 : i li. 
 Treafurer's fees id 'Trinity Term, 1794, .amount- 
 ed to /54-I '.9*6. Government Securities, 
 jCi 1358 : o : o, with a cam balance in Treafurer's 
 hands of 8646 : 14 : 4*. An unufual expenditure 
 appears in Eafter and Trinity Terms, which merits 
 explanation, as it was not employed in the purchafe 
 of Government Securities. 
 
 / 1 695 : 4: 9? was laid out on the intended Inns 
 of Court, without any order or authority from the 
 Bench, and, as the event proved, in a manner en- 
 tirely
 
 124 HISTORY OF THE 
 
 tlrely ufelefs. This apparent imprudence received at 
 counterpoife in the proud profit which ilowed from 
 itamps in Eafler Term, 2824 : 17 : i, and in Tri- 
 nity Term, 1794, the fum of ^3619 : o : o is alfo 
 ac knowleged to have been then received for the to- 
 tal additional amount of (lamps on Attornies for 
 two years, ending the 25th of March, 1794. 
 
 Such are the words of entry in the printed ac- 
 counts. Thus, at an early period, doubt, inde* 
 cifion, and obfcurity, pervade a plain numerical 
 fyftem, which required more ingenuity to puzzle or 
 darken, than to elucidate and explain. For t ie tax 
 was afcertained by the Statute, without cavil or 
 complaint, and the number of perfons admitted inta 
 the Society Rolls as Attornies, became a. matter of 
 unerring record, unlefs King's Inns official pages 
 refemble perifhable libels of fraud and malignity. 
 
 Let an immediate and active Committee be form- 
 ed : I thus pledge myfelf to give them (if called 
 upon) unpurchafed uid, and u-ith equal truth can 
 affirm, that three months ihall conclude fuch la- 
 bours without encroaching upon domefHc arrange- 
 ments, literary piirfuits, or profeflional bufinefs. 
 As well might youthful genius be deterred from Lit- 
 tleton's luminous p:ige by a black letter, or obfolete 
 French. Let not then indolent integrity recede 
 from an enquiry, without which, Government nor 
 Parliament will neither be juftified nor inclined to 
 give to the legal body better than /5,ooo, due for 
 
 their
 
 KING'S INNS. 125 
 
 their eftate, now occupied by the Record Offices, 
 and Four Courts. 
 
 One baneful acquifition, however, blackens the 
 faid Term. 1774: 18:3, was received as a line 
 from their new tenant on the Inns-Quay, and a per- 
 petuity given. A jobbing partifan would much eafier 
 conceive the motive for this extraordinary act, than 
 an honefl man approve or defend it. 
 
 Could James I. ftsrt from the grave, he muft: ad- 
 mire that national zele or public fpirtt which admi- 
 niftered with fuch celerity and eafe, taxation and 
 afleflnient, fuperior to what Great Britain ever paid 
 for a fimilar purpofe. Affuming a manly merit in 
 being the peaceful fettler of Ireland, and thereby the 
 parent of her progreffive profperity, his indignation 
 muft affume correfpondent ftrength on finding a 
 ciafty, but determined feverance of the legal con- 
 nexion between both iflands. 
 
 Thus, in five years from the revival in 1789, in 
 defpite of all former plunder, or furrounding mif- 
 management, a principal mm of twenty thoufand 
 pounds graced King's Inns coffers, with a large an- 
 nual income, greater than what poflibly fuftains any 
 public legal body in Europe. Hiftoric evidence 
 however afcertains, that the joint amount was;fupe- 
 rior to that expenditure which enabled Lewis XIV. 
 to patronife the general literature of his time, and 
 thereby attain an univerfal and imperifhable fame* 
 
 which
 
 126 HISTORY OF 
 
 which was in vain looked for by diplomatic craft, 
 or deftructive conquefts. 
 
 As the landed fettlement of Ireland required an 
 enlightened legal eftablillifnent, the judicial charac- 
 ter through James's reign correfponded with the 
 Royal engagement at the commencement of his Go- 
 vernment. The Judges were, without exception, 
 able men, and merited general refpeft for unbiaflect 
 integrity. A folemn conviction of their diftinguiihed 
 worth, induced me to prefent to public view a 
 (hort (ketch of each perfon, under- the title of King'f 
 Inns Remembrances. That was an enlargement of 
 Dugdale's plan, but there appeared a neceffity of 
 convincing cotemporaries, how confcientious Jamcsr 
 was in appointment of Judges. 
 
 The keened flatefman may be deceived in a man's 
 integrity ; however, learning is not merely a prop 
 to correct conduct, but a conftant check upon dif- 
 honeft intentions. That internal monitor can be 
 feldom filenced or fmothered, whereas, ignorance 
 feels no furrounding alarm, and is contrbufled 
 merely by an apprehenfion of puniftiment : for to 
 fuch perfons glaring error is no added difgrace, 
 therefore, the nobleft exertion of Royal power, and 
 in which an human being can neareft refemble his 
 Creator, is by the appointment of learned and ho- 
 ned Lawyers to the judicial Bench. Nor is the be- 
 nefit confined to their own time, or to fuitors and 
 prifoners, for that theatre becomes the bed fchool of 
 
 profefiiona!
 
 KING'S INN'S. 127 
 
 profefllonal talent, and enfures a fucceflion of fimi- 
 lar Practicers. 
 
 Trim Students had at that time the fmgular benefit 
 of attaining elementary or juvenile inftruction under 
 as able fages as ever graced Weflminfler, and were 
 able to uphold and confirm the improvements under 
 enlightened guides in their native Courts. The 
 profperity of the country kept an equal pace, and 
 much exceeded the comparative growth of Englifh 
 grandeur during the fame period. 
 
 But the habits of the lower clafies received a pe- 
 culiar polim fuited to their condition. The delufive 
 equality of clannifh defcent quickly fuccumbed un- 
 der the felfifh habits which protected and acquired 
 property encourages or juftifies ; a lively inftance of 
 this principle occurs amid the unwife enforcements 
 or extended mifapplications of particular Statutes. 
 
 The Act of Supremacy only affected perfons in 
 official ftation ; and Barriiters were confidered as 
 Minifters of the Law, otherwife they would not be 
 fubject to the Letter of that important bulwark to 
 Royal and National independence. But peafants 
 or artifans feemed, to wife or impartial men, uncon- 
 nected with either its caufes or effects. Probably 
 the added experience of two centuries proves, 
 that abflract principles of Religion and Law befl 
 fupport the State, whilft a decent veil covers them in 
 the Temple of Legiflation or Religion. 
 
 However,
 
 S2$ HISTORY OP TH 
 
 However, James was advifed to enforce the oath 
 of fupremacy upon the cottagers or labourers in the 
 new plantations. Such perfons promptly replied, 
 that they had no objection, provided they got leafes 
 of their petty holdings, and that their title, purfu- 
 ant to Royal promife, was rendered permanent and 
 fecure. This Archimedean prop to Government 
 fhould never be forgot : it requires fanatical or 
 fcholaflic art to difcufs religious tenets ; and (ludious 
 toil, accurately to underftand the complex codes 
 xvhich internally or externally regulate the Britifh 
 Empire. But the bleflings of liberty and property 
 are felt by all men, and breed an attachment to 
 their real protectors. This felf-interefted incentive 
 to peaceful habits is not lightly mook, and feldom 
 entirely fub verted. 
 
 James feemed to feel the force of this reafoning, 
 and did not in either kingdom exceed a fanciful va- 
 riation from the ancient legal eftablifhment. The 
 number of Judges in each Irifh Court was fixed to 
 three, and in England, occafionally to five, that an 
 uneven number may prevent the delay or interrup- 
 tion of bufmefs. The falaries of Irifh Judges were, 
 however, too trifling, and looked for occasional in- 
 creafe to the bounty of the King. Yet eminent 
 Englifh Lawyers were induced to fill fuch ftations ; 
 but landed grants from the Crown made ample 
 compenfation. When this redundancy was difpofed 
 of, we find in fubfequent reigns, perfons fent occa- 
 fionally from that country, of an inferior caft and 
 character. 
 
 James
 
 KING'S INNS. 129 
 
 James (lands free from fuch reproach, and in truth, 
 except in .notions of prerogative or Regal power* 
 he felt fincerely for the comfort and happinefs of ?J1 
 his fubjects, which Sentiment judly intitules him to 
 the character of an humane and honed mam. That 
 is the boundary .of his merit, which ends where the 
 virtue of a Monarch mould only begin. Dignity of 
 manners, firmnefs of mind, and deadinefs of con- 
 duel, were unknown to him, whereby the vices of 
 Minifters became confecrated -by .prerogative, and 
 oiEcial defpotifm was encouraged by their manage- 
 ?aent of a weak mafter. Such a difpofition is {hewn 
 xvith mod efiecl in the extremities of an empire, and 
 rendered the Royal demife a matter of little con- 
 cern in England, and much lefs in Ireland, or Scot- 
 land. 
 
 We are now entering upon a reign of fingular art 
 an4 misfortune, in which druggies for pdwer were 
 conducted by men, in different .parties, memorable 
 for eminent .talents. However, a majority of them, 
 in each ifland^ were trained to legal purfuits, or ac- 
 quired no fmall proficiency therein: during the pe- 
 riod which led to this fanguinary fcenery, there was 
 an active prefident in the Englifh and Irifh Cabinet, 
 who invigorated the whole, and paved the way for 
 an exteniive and inveterate civil war. 
 
 Charles I. affords a melancholy indance, in what 
 manner a lull for power, and imperious controul 
 over the civil and religious rights of mankind, can 
 .blacken an honed mind, and degrade a dignified 
 
 K temper.
 
 I3O HISTORY OF THE 
 
 temper. This prince had many qualities attra&ive 
 of refpeft and affection j but courage, learning-, and 
 morality, formed in a perverted mind, an ufeful 
 machinery to attain that idol of his imagination, 
 imperial defpotifm. Practical vice was courted tq 
 fuftain this horrid attempt, by which he became a 
 confirmed hypocrite, and continued the fyflem to ths 
 laft moment of exiftence. The three kingdoms could 
 not furniih that unfortunate Prince with an apter in- 
 ftrument to fecond thefe vaft defigns, than the im- 
 perious Strafford.- Eloquent, refolute, politic, and 
 per fevering, he was charmed with that authority of 
 which he was to be the delegated inftrument ; thus 
 patiently fubmitting to a tranfient perfonal fervility s 
 from the gratification which a permanent indulgence 
 of fettled legal tyranny infpired. 
 
 As law was to be moulded to new purpofes, its 
 profeffors and their imputed principles were to Straf- 
 ford and Charles, objects of conftant folicitude and 
 care. An hereditary famenefs marked the mem- 
 bers, as well as the legal fyftem, in England Ire- 
 land was habited in a different manner, and its new 
 Viceroy inceifantly laboured to diftjnguim this iilan4 
 by tyrannic variations 'alien to Englifh Law, or 
 fubverfive of its acknowleged or eftablimed princi- 
 ples. He found the Society of King's Inns arrayed 
 in. the following form : A voluntary Afifociation, 
 with no legal authority over each other, but what 
 arofe from an annual election, or the inalienable 
 rank attached to perfonal character and official fta- 
 tjon, which therefore needed no refolution to efla- 
 
 blifh,
 
 KING'S INNS; ^31 
 
 blifli, for an extravagant and unaltered adherence to 
 power, forms an hereditary {tain in the legal cha- 
 racter, and prepares the generality of its Pradifers 
 by juvenile and habitual fervility, fpr aged and un- 
 relenting tyranny. 
 
 There were two modes by which Irifh Barrifters 
 and Attornies may be prepared for the preceding po- 
 fition ; and enflaved themfelves, make a merit of 
 extending the galling chain over trampled fellow- 
 fubjeds. A dired ad of power would be unpre r 
 cedented, odious, and certain of not meeting una- 
 nimous fubmiffion. Such a fufpicion, circulated by 
 men of known influence and talent, nmft obftrucl 
 or retard the concealed defign. 
 
 There was a plan, focial in appearance, pleafing 
 in execution, and extremely well adapted to the 
 temper of Irimmen ; it alfo was fandioned by an- 
 cient and uninterrupted ufage in the Englim Inns of 
 Court. Reprefentative and diftind feparations of legal 
 Members took place at certain periods. The body, 
 thus divided, exercifed a free and feparate judgment 
 in forming joint refolves for the better order, and 
 lafting government of each Society. Thefe meet- 
 ings were marked by fplended exhibitions and hof- 
 pitable feftivity ; they ajfo bore, from a femblance 
 of fituation or profeflional pedantry, the popular 
 name of Parliament. 
 
 An adcption of this kind, by the new eftablifhed 
 
 Society of King's Inns, flruck the fugacious eye of 
 
 K 2 Strafford 5
 
 13? HISTORY OF THE 
 
 Strafford ; his favourite object would be thereby 
 covered with a Ipecious veil. To effect the imita- 
 tion, even in miniature, there muft be a divifion of 
 ranks : this once reduced to practice, 1 enfured a lad- 
 ing divorce between the original union, and unaf- 
 fected equality of the different Members, as Fellows 
 of that Society. 
 
 The pride and intereft of a few individuals, was 
 naturally directed to its continuance. Thus, Go- 
 vernment enliited, at no expence, and without any 
 wafle of patronage, a felect and refpectahle body of 
 partifans. During the intervals of Parliament, they 
 were to the Society at large, what the executive au- 
 thority is to the nation in fimilar periods, the known 
 oftenfible manager of public concerns. Even if 
 any murmurs arofe among the general body of Prac- 
 ticers with reipect to any corruption, mifmanage- 
 ment, or abufe of iuch authority, it was an excufe 
 for the interference of Government, which was thus 
 certain of approbation and fupport from the party 
 in whofe .favour it inclined the trembling balance. 
 In this manner an abfolute eontroul over the exift- 
 ing Members of the King's Inns was fecured to the 
 Viceroy and Council, whofe next object it was to 
 make that Society co-extenfive with the profeT- 
 fion. 
 
 The reader has been, (I humbly prefume,) already 
 convinced by authentic extracts, undoubted practice, 
 and Statute authority, that previous hereto, an 
 Irifh Barrifter may have been a Member of the 
 
 King's
 
 KING'S INNS. 133 
 
 King's Inns, but that fuch a connexion was not necef- 
 fary. The refpeftful confequence refulting there- 
 from is obvious, and muft ftrike the dulleft capacity 
 from the eagernefs with which admiffion into any 
 modern, well regulated law club is can varied for, 
 and purfued. Its comparative convenience has been 
 alfo concifely explained. The mode in which Bar- 
 rifters were hitherto interrupted, was by tendering 
 them the oath of fupremacy. This feverity, befides 
 the known unpopularity of the meafure, was only 
 occasionally exercifed againft obnoxious individuals. 
 
 Many fpirited and enlightened Pra&icers difap- 
 pointed their enemies, and took the oath, wifely 
 difcriminating between the principles of the Roman 
 Catholic religion, and the fuperftru&ure . of Papal 
 power engrafted thereon. E^en the Parliament of 
 1613, though hoftile to that feel:, not more ftrongly 
 from fuch precepts, than by the prefumed fecurity 
 of landed property which hung thereon, yet foli- 
 cited the Lord Deputy to relax the practical rigour 
 of that Law. 
 
 There were in every period, many Proteftant 
 Pradicers, fuperior to the influence of courtly arti- 
 fice, or religious hate. This fmall, but feleft band, 
 with unceafmg finnnefs, refilled and refuted every 
 exercife of perfecution as an impious fcandal to 
 Chriftianity, and each aft of projected defpodfm as 
 an undoubted mif interpretation of Euglifh Law. 
 The known loyalty of fuch men countenanced 
 
 their
 
 T34- HISTORY OF THE 
 
 their principles, xvhich integrity expofed them to 
 the vengeance of corrupt or crafty Governors. 
 
 Strafford was extremely eager to punim obftinate 
 patriotifm with inflexible feverity. They were not 
 ftartled at an oath of fupremacy which was meanly 
 tendered to Roman Catholic Barrifters as a retalia- 
 tion for the firm exercife of profeffional talent or 
 faithful difcharge of fenatorial duty. But the King's 
 Inns Society, under the preceding alteration, may 
 be rendered ancillary to his views ; at all events, a 
 Society, which it was thus rendered neceflary to en- 
 ter, muft have the natural power of expulfion, xvhich 
 apparently innocent refolve, rmy reft for a certain 
 period in the archive of defpotifm, and pofterity feel 
 it as a precedent equally ftrong to either purpofe. 
 
 The exifting members who voted the refoliition,, 
 exercifed a fpirit of exclufive dominion, but they 
 poflibly did not forefee that in obftru&ing the prac- 
 tice of others they were alfo rendering their own in- 
 fecure ; likewife, that this courtly and ill confidered 
 job may be the laft which a parliament of the King's 
 Inns would be convoked to execute. * c 2oth day of 
 November, 1634 At a parliament of the King's Inns 
 it is ordered, That none mall be allowed to practice 
 as a Counfellor at Law, but fuch as mall be firfl 
 admitted of this Society, and that the fee of adinif- 
 fion mail be four marks fterling. It was then alfo 
 further ordered, That the Steward of this houfe 
 fhall henceforth collect all the penfions due unto this 
 houfe by all the Members of the faid houfe, The above 
 
 order
 
 fclNG's INNS. 135 
 
 order removes all preceding doubt \vhich can be 
 urged, or may be imagined, of Irifh t'.arrifters be- 
 coming Members of the King's Inns before they 
 were intituled to praftice. 
 
 The refolution only imports an arbitrary and ille-i 
 gal prevention of fuch exiiting Barrifters from pur- 
 fuing their profefiion, as were not Fellows of the 
 King's Inns Society, and an enforcement of a fimi- 
 lar rule to their fucceffors. It was much eafier and 
 wifer to enter ?.s Members, than apply for a manda- 
 wus, which would be legal, if the ftation of Barrifter 
 could be confidered an. Office, under which con- 
 ftru&ion alone, the aft of lupremacy at that time 
 afFefted them ; or the party may appeal to the 
 Judges of England as vifitors of the Inns of Court, 
 or their fubordinate Members. But the reader will 
 believe, that the domeftic inquiry would, however 
 \vell warranted, be overruled, whillt corrupt and 
 felecled minions of power difgraced the Irifh Bench. 
 Englifh Judges may poffibly determine the matter 
 with their accuftomed integrity and judgment, mean- 
 time evil betide that Iriihman who furvived to re- 
 turn ! Caflle Chamber mutilation or torture would 
 asvait the guilty patriot ; for where conscientious ju- 
 rors fuffered fuch dilcipiine, Government may^ 
 with lefs noife or alarm, in Sift it upon a difobe- 
 dient, but comparatively unprotected Barriften 
 
 If an order be, however, binding to all poffible 
 extent, and on the remotefl poiterity, our cotem- 
 poraries Jiave no bounds to aiTumed power, but per- 
 
 fonal
 
 536 HISTORY OF THE 
 
 fonal virtue or public opinion. The latter has been 
 ever held fo powerful, that a general Bar Meeting 
 can difrobe any pradtifing Barrifter , an auful at- 
 tainder ! which no brilliancy of talent could coun- 
 teract, or perfonal courage remedy. Every well- 
 conducted man of honor (fuch only mould be Bar- 
 kers) refts eafy under this falutary controul, fatis- 
 fied that guilt alone will attract infamy, and that 
 the juft decifion cannot be overborne by govern- 
 mental influence or the molt mamekfs perfonal im- 
 pudence* 
 
 An indulgence of this national opinion will ba 1 - 
 nim from Irifh Courts that fcene of fingular, but 
 honorable irregularity which was exercifed in Weft- 
 jninfler, where a protected minion of the Court, 
 having fuifered, by infamous fervice in that line, the 
 punimment of pillory, {till prefumed to appear in a 
 Bar gown, which roufed the indignation of grave 
 and honed brethren to fuch an height, as to com- 
 mit an overt act of riot and aflault, by pulling that 
 robe over his moulders^ and degrading him on the 
 fpot. It has efcaped my reading or recolledtion if 
 the unhappy man prefumed to vindicate this breach 
 of the peace by a legal complaint. 
 
 It is further obfervable, that the order was not 
 extended to Attornies, which to me proves two cir- 
 cumftances firft, that they were equally freed from 
 an obligation of becoming Fellows of the King's Inns 
 Society and fecondly, that Strafford thought him- 
 felf certain of their fervitude by an abufe of judicial 
 
 authority.
 
 KING'S INNS. 137 
 
 authority. The unfortunate clafs of Irifh Judges 
 had many difficulties to encounter : an haily and in- 
 difcriminate compliance with the Caftle laid them 
 at its mercy, and prevented the well known power 
 of directing an occafional connexion therewith to 
 family convenience. Stern and unbending integrity 
 enfured difmiflal, and expofed* an unprotected indi- 
 vidual to exertions of perverted prerogative., and un- 
 qualified tyranny. 
 
 Stretches fuch as thefe laid the legarprofeffion at 
 the feet of this imperious Viceroy. The Irifh nation, 
 can appreciate by the tremendous confequences, how 
 necefTary an enlightened, protected, and indepen- 
 dent body of legal Practicers is to the common fup- 
 port of Prince, Parliament, and People. The landed 
 property of the realm was mook by a legal earth- 
 quake commercial induftry paralyfed by minifterial 
 monopoly perfonal freedom fmothered by arbitrary 
 imprifonrnent and martial law, with unbridled li- 
 cence, executed the horrid difcipline of Caitle Cham- 
 her mutilation and torture, or indulged its own. 
 
 If in the myfterious round of human events, a 
 fimilar meafure was meted out to thofe original op- 
 preilbrs by upftart innovators and republican regi- 
 cides, were the mifchief thus confined, pofterity 
 may excuie the deed, and juftify the fentiment by that 
 well known legal apophthegm, nee Lex juftior u!/a, 
 quajii necis artifices arte pcrire Jui. But political evils 
 are of wider extern and more lading duration. Such 
 alfo was StrafFord's opinion, vvhofe vanity led him to 
 
 think,
 
 13 HISTORY OF TrfE 
 
 think, that the effect of his principles would make 
 Ireland to lading ages a conquered kingdom, an in- 
 troductory theatre for fuccefsful tyranny, and a 
 firong military poft to awe and reprefs Britifh free- 
 dom. 
 
 As an example to 'men of inferior weight and ta- 
 lents, he commenced his career with two judicial 
 Members of the King's Inns, the Lord Chancellor j 
 and the Great Earl of Cork. By this a double point 
 was gained \ legal men of honedy and courage 
 tvere humbled, and ?.n encouragement held forth to 
 profeiEonal apoitacy and vice. This oppreffive 
 Viceroy well knew that Government mud divide 
 the fpoil of plundered fubjectswith the criminal Mi- 
 liiders, who executed thefe horrid plans. If firm 
 or honed Judges met reprobation and punifhment., 
 the complaifant and tyrannic feemed intituled to en- 
 couragement or reward. Four fhiiiings in the pound 
 on a compofition for defective titles was given to 
 the Chief Judicc of the Common Pleas$ and the 
 Chief Baron, which Strafford, a fldlful balancer of 
 judicial trade, declares was well laid out. Encou- 
 raged by this fuccefsful precedent, the fame bounty 
 was held out to the Court of Exchequer in intended 
 exactions upon recufants. 
 
 Can we be furprifed that treafon and civil war fooix 
 afilicted the realm, when a Viceroy thus fapped the 
 unfading pillars of Royal authority, humanity, ancf 
 juftic^ and influenced legal prieds to dam law's con* 
 fccrated altar with the property and blood of inno- 
 cent
 
 KING'S INNS. 139 
 
 cent fellow-fubjefts. The Chief Juftice of the 
 King's Bench, and two other Judges, were proof 
 againft all his aflaults ; and though honored with 
 hearty caftle hatred, the tyrant was afraid to re- 
 move them, an innocent triumph which gladdened 
 the people's hearts ; for let me afTure the unprofef- 
 fional reader, that three fuch Magiflrates can at all 
 times, if fufficiently active and learned, uphold the 
 principles of law pure and unadulterated, though 
 they may be unable to protect the fubjecl: againft 
 particular or fyftematic oppreffion. The pride of pa- 
 tronage induced him to import a complete colony of 
 dependant minions, in the civil, clerical, legal, and 
 military line fuch perfons proved the fincerity of 
 their principles by becoming fuccefsful adherents tor 
 Oliver Cromwell. Thus, Stafford's miftaken, but 
 arbitrary policy, contributed to lead Charles to the 
 block, and continue his children in exile. 
 
 No circumftantial account of the preceding King's 
 Inns parliament has reached my refearch, nor iii 
 what particular refpefts it varied from, or refembled^ 
 the Englim model. This affords no matter of fur- 
 prife to a reviewer of Irifh Literature : many more 
 important documents have perifhed amid the convul- 
 fions of this haplefs country, or are lodged in the 
 repofitories of the fitter ifle. The reader can, howe- 
 ver, review the folemnity, fplendor, and variety of 
 legal feftivals in Fortefcue, Coke, and Dugdale, 
 for, however ill fuited t'o modern ideas, and there- 
 fore unfit for revival, they prove the attachment of 
 our ancoftors to eftablimed ufages and ancient law. 
 
 Such
 
 I4O HISTORY OF THE 
 
 Such folemnities even originated in Norman jurit 
 prudence, and were upheld by equal zele in rival 
 kingdoms, ftill, however, governed by a confider- 
 able portion of fimilar cuftoms. In France the ce- 
 remony continued until the late eventful Revolu- 
 tion, and is thus defcribed by an Author of that 
 country : 
 
 " Cette jurifdi&ion Bafoche, compofu de Clerecs 
 Du Parliament inftituee en 1302, fut etablie pour 
 connoitre, tant en Matiere civile que Criminelle les 
 differens qui naiflbient entre les Clercs & centre les 
 Clercs. Les Audiences fe tenoient, les Mercredis 
 & Samedis, dans la Chambre de Saint-Louis. Les 
 Arrets qui s'y rendoient t etoient fans appels ; iis 
 commencoient ainfi, La Bafocbe regnante & triotn- 
 fhante & titre d'honneur, Salut. Us fe terminoient 
 par cette formule ; fait Audit Royaume Le 9 &c. Un 
 Arret Du Parliament de Paris dil 7 Aout, 1771, fit 
 exprefies defenfes de fe pourvoir par Appel des Ar- 
 rets de la Bafoche. Thus was a vifitorial power 
 over its Members folemnly allowed by the Supreme 
 National Tribunal to that fingular legal body, un- 
 der the eccentric title of Lords of Mifrule. Philippe 
 le Bel voulut que la chef de la Bafoche portat le 
 titre de Rot. Ce Roi de la Bafoche, dans une re- 
 volte qu'il y'eut in Guienne, ofirit a Henry II. le fe- 
 cours de fes fujets, qui etoient au nombre de fix 
 mille Clercs. L'offre fut acceptee : & a leur retour 
 Henry voulut les recompenfer de leurs bons fervi- 
 ces j ils remercierent, en repondant qu'ils etoient 
 toujours difpofcs a fervfr fa Majefte. Le nombre 
 
 des
 
 KING'S INNS. 141 
 
 Clercs de la.bafoche alloit jufqu'a dix mille. Ce 
 Roi de la Bafoche avec fes dix mille fujets, epou r 
 vanta la timide politique du Roi de France 'Henry 
 III j il revoqua le titre dc Roi. 
 
 " Cette jurifdi&ion n'eut plus de Roi a fa tete : 
 Le Chancelier la prefida des lors, Elle etoit com- 
 posee de pluficurs m litres des requetes, d'un Grand- 
 Audiencier, d^un referendaire, d'un Procureur Ge- 
 neral & d'un Avocat General, de quatre trefo- 
 riers, d\m greffier, de quatre notaires, &c. elie 
 portoit pour armes trois tcritoires. Regions of fla- 
 very bow to the legal body like the land of free- 
 dom, but from different motives terror fyftema- 
 tifes hypocrify in the former, whilft ielf-intdreft fuf- 
 tains the ?ele of loyalty in the latter. " Les Ba- 
 fochiens ont forme pendant la revolution, un corps 
 de troupes fuus un uniforme particulier ; habit 
 rouge, epaulette, & bouton en argent. Us ont 
 rendu de grands fervices a la chofe publique; ils 
 ont furtout iignalie leur zele, en fe foumettant, fans 
 aucune refiflance, au dCcret qui aneantit leur cor- 
 poration." 
 
 Whatever pretences graced the outfet of Gallic 
 innovation, a fuppreflion of legal immunities was 
 an ominous and natural prelude to the extinction 
 of the ancient code, and a lively precedent which 
 has led to military defpotiim and the eftablifhment 
 of an iron Crown, 
 
 This
 
 J42 HISTORY OF THE 
 
 This fingular body fubfifled for centuries, and 
 held a court of honor over all its members, an ex- 
 pulfion from which operated like Cain's mark, upon 
 the individual, who became thereby an outcafl of 
 fociety. Fortefcue alfo records, that his cotempo- 
 raries felt an equal horror at amotion from the Inns 
 of Court, and dreaded fuch fentence as an heavier 
 punimment than chains, impriibnment, or exile. 
 This natural, but powerful fentiment will only 
 ceafe to operate, when public opinion has convicted 
 the tribunal itfelf of an innovating or .corrupt de- 
 cifion. 
 
 A 
 
 There was alfo a library for the legal profeflion 
 at Paris. Elle fut fondee par Etienne Gabriau, 
 Seigneur De Riparfond, Avocat au Parlement, qui 
 legua, en 1704, fa bibliotheque, & des fonds pour 
 Pentretenir. Les fonds n'etant pas fuffifans, uri 
 Arret du Parlement du 3 1 Aout, 1712, augmenta 
 d'un cinquieme la fomme de 20 livres qui fe pay- 
 oit pour droit de Chapelle a la reception des Avo- 
 cats & procureurs, et attribua cette augmentation 4 
 1'entretien de cette Bibliotheque. 
 
 Un ufage honorable diftinguoit cette Bibliotheque 
 jie plufieurs autres. Un jour de chaque Semaine, 
 huit ou neuf Avocats s'y raflfembloient pour y faire 
 des confultations gratuites en faveur des pauvres. 
 Tous les Quinze jours il s'y tenoit des Conferences 
 fur des matieres de jurifprudence, auxquelles pre- 
 fidoient ou M. M. les Gens du Roi, ou le Batto- 
 njer : les conferences de Charite s'y tenoient le Mer- 
 
 credi ;
 
 KING'S TKJJS. 
 
 credi ; & celles qui avoyent rapport a I'mftruftioq 
 des Avocats, le Samedi. Cette Bibliotheque eft 
 decoree de plufieurs portraits d'avocats celebres, 
 aii milieu defquels efl celui du fondateur. 
 
 The old connexion between France and Scotland 
 thus appears, not only in their Courts of Juftice, 
 but in the interior collegiate management of their re- 
 fpeftive legal profeiTors. Learning and charity moved 
 hand in hand, and t,he exerciie of both has been, 
 perpetuated by judicial modefty, and aii abhorrence 
 of jobs. With iuch folicitucie honed arid wife men 
 have acted in other kingdoms to promote and im- 
 prove a learned brotherhood in the legal line. 
 
 Nor was the haplefs Charles or his favourite 
 Btrafford infenfible to this national object. The 
 former gave inflrucliohs, that Praclicers at the Irifh 
 Bar fhould, previous to call, fulfil the complete 
 period required for an Englifh Barriller. This was 
 not only a wife, but public fpirited meafure, and 
 faithfully recommended by the fagaeious StrafTord : 
 for every public object, concurrent with arbitrary 
 authority, attracted their notice anii regard, 
 
 There appears a ftriking fimilitude between 
 Charles and his unfortunate defcendant Louis XVI : 
 the genius of each rofe fuperior to adverfity, whilfl 
 dbftinacy, irreiolution, and a furrender of judg- 
 ment to perfons of inferior fenfe, marked their 
 profperous days, an equal misfortune feemed alfo 
 to affect them ; Charles loft a tower of ftrength 
 
 in
 
 144 HISTORY OF THE 
 
 ui the death of Strafford, and Louis had not a fm* 
 gle courtier, who, tempering military talents with 
 civil {kill, was enabled by fidelity, witdom, and 
 courage to prop a tottering throne, or dignify its 
 fall. The death of thefe monarchs feemed alfo 
 pregnant with fimilar events : the great body of the 
 people was enflaved by fuccefiive faftions, who 
 fcreened Ichemes of plunder under plaufible pre- 
 tences of returning royalty or foreign attack, until 
 a military hypocrite in each country affumed fove- 
 reign power, and exercifed every abufe complained 
 of under the exploded fyftem, or introduced by 
 fubfequent convulfions. Thus, as political caufes 
 produce unerring effects, the Britifh Cabinet owe 
 unceafmg attention to the progrefs, management, 
 and uniformity of the legal profeffion in both iflands, 
 and will not therefore confider its fituation in the 
 ieffer kingdom with indifference or negleft. 
 
 The Statute Book was loaded under Stafford's 
 viceroy alty with a fmgular exhibition of legal fur- 
 plufage. Englishmen were naturalifed by Trim Acts 
 of Parliament, There was in this movement either 
 grofs ignorance, or a deep and deftructive defign to 
 fap the peace, happinefs, and property of both 
 countries. As fyftematic tyranny was the order of 
 the day, I conceive the novelty to flow from that 
 fource, for were the principle, thus coniecrated by 
 Parliament, enforced by a fimilar judicial decifion, 
 landed property delcending upon ilich difqualitied 
 perfons, or inconfiderately acquired by them, be 
 came inftantly veiled in the executive authority. 
 
 Irifh-
 
 KING'S INNS. 145 
 
 Irifh abfentees transfer thefe difabilities to chil- 
 dren, and Englifhmen intituled to Iriih eftates were 
 fimilarly circumfranced. What a theatre for calm 
 and extenfive transfer of landed income from the 
 Subject to the Crown ! Servility alone could diflblve 
 the Gordian knot, under which preflure the politi- 
 cal Conftitution muft perifh. This profpe&ive of 
 courtly power and wealth vanifhed with the removal 
 of Strafford, and amid more alarming convulfions, 
 This obfolete principle is not difcufled to illuftrate 
 ancient Law, but to roufe fellow- fubjefts in both 
 iflands again ft legiflative innovations, efpecially of 
 the declaratory kind, for popular flappers are often 
 neceflary to honeft, fomnolent reprefentatives. The 
 precedent extract proves, that Ireland could not be 
 fhook in property or freedom, without difpenfing 
 to Great Britain fomewhat beyond the evil of ex- 
 ample, but under prefent circumflances, general le- 
 gal variations equally affet our united Empire. 
 
 Strafford did not difcominue his infpection or ma- 
 nagement of the King's Inns amid the higher con- 
 cerns of his ftation ; we therefore find, that in the 
 year 1634, he prevailed upon that obfequious 
 Bench to releafe the right of the Society to houfes 
 enjoyed by Mr. Robert Meredith near the Inns. 
 The reader may wifh to know who this gentleman 
 was, and what marked his fubfequent career : he 
 was a native of this country, but ftrengthened by 
 the patronage of that Viceroy. Under fuch influ- 
 ence he acquired confiderable property, by dividing 
 the fpoil with litigants whofe title was doubtful, by 
 
 L felling
 
 J4& HISTORY CF THE 
 
 felling Court protection, and obtaining grants of 
 delinquents' effects. Thus arrayed he entered the 
 Parliament of 1639, with the modeft addition of 
 Gentleman, which his active fervility and ambition 
 foon exchanged for the rank of Knighthood, and 
 Chancellor of the Exchequer, an office at that time 
 of tank, and reafonable emolument, but little duty, 
 from the management of the Irifh Treafury, by the 
 perfonal authority of the Viceroy, and a total want 
 of equity bufinefs in the Court of Exchequer- 
 
 On the fall of Straffofd, he was too well known 
 fcy the ruling powers to receive from them difmiifal 
 or difgrace. With an equal difpofition to tyranny 
 and plunder, he pafTed with active and obfequious 
 fiypocrify through the political changes of his time. 
 The evening of his life was dignified by this confol- 
 ing reflexion, that he had been the active tool of 
 StrafFord, and every fucceflive tyrant xvith whom 
 Ireland was curfed for thirty years. In the year 
 1635, James Barry,, fecond Baron of the Exchequer, 
 was appointed Treafurer; with an equal portion 
 of prudence and perfonal virtue as Meredith, he 
 pafled through a fimilar fcenery, and on the reftora- 
 tion was raifed to the peerage, whilft forme of his ju- 
 dicial colleagues were conveyed to Tyburn. This 
 minion of Strafford was well qualified to be a 
 fpy upon the Society, and execute the mandates 
 of his mailer, or report the default. 
 
 That Viceroy Increafed the number of Serjeants 
 at Law, which rank in preceding reigns was con- 
 fined
 
 KING'S INNS. 147 
 
 fined to one Lawyer, as that order was never con- 
 ferred in this country in the ordinary way, nor any 
 limitation to Prafticers of that clafs in the Irifli 
 Court of Common Pleas. The ancient name of 
 King's Serjeant was then difufed, and^the Prime and 
 Second Serjeant became the accuftomed diflinction 
 of title. The precedence of the former remained, 
 however, untouched, and he was constantly cotifi- 
 dered as a Circuit Judge; for we find, that about 
 this time Prime Serjeant Catlyn died on Circuit at 
 Trim. Strafford immediately ordered the Second 
 Serjeant (then raifed to the rank of Prime) to finifli 
 in Catlyn's room, and this in oppofitiori to the 
 Chancellor's fly recommendation of another. It is 
 true, he did not flander the Second Serjeant, (after- 
 wards the well known Sir Maurice fcuftace) but 
 merely faid, that he had not neceifaries to go, and 
 the other gentleman lived r near Trim, Now Euf- 
 tace's refidence at 'Caftle Martin was not 30 miles 
 from that affize town ! To fuch awkward fhifts 
 does a lufl of patronage and appetite for jobbing re- 
 duce even an able man 1 
 
 Stratford pqrfevered, arid upon principles in which 
 I heartily agree with him, as that fagacious (latef- 
 man added, that Euftaee was equipped with the in- 
 difpenfable necefiaries of a Circuit Jud<;e, * 6 learning 
 and integrity" Thus that rank flood, and was con- 
 ilantly filled by accomplifhed men. In the year 
 1726, the new office of Third Sorj...int was added 
 in the perfon of an able and honeit Lawyer Mr* 
 afterwards Lord Chancellor Jocelyn, a promotion 
 
 L a Jfaid
 
 I4& ' HISTORY OF THE 
 
 faid to be effected by his youthful companion, the 
 well known Earl of Hardwicke, That noblemaa 
 refifted, in 1755, an attempt to put down, by Aft 
 of Parliament, the Englifh order of Serjeant, and 
 open their Court to the Bar at large j a decifive 
 proof what advice he would give his grandfon on 
 the late arrangement. Similar fentiments operated 
 on my late dear, and ever honored friend, Lord Vii- 
 count Avonmore, who often mentioned to me his 
 wifh, that fuch order, as at Common Law, mould 
 be eflablimed in this kingdom, and King's Ser- 
 jeants felecled from that body as in England. Nor 
 had I any reafon to differ from that great man, but 
 a conviction that the union of both iilands was ce- 
 mented by- the want of an original Inn of Court in 
 Ireland. His- Solicitor General was an unprincipled 
 native, who was obliged to acl under an Englifh- 
 man imported by Strafford. Richard Ofbaldefton 
 became Attorney General of Ireland, and died in. 
 that office. His fucceiTor, Thomas Temped, fuc- 
 ceeded in 1640. The fon of the former, George 
 Went worth, a near relation of Strafford, and the 
 heir of his favourite prelate, Bramhall, were called 
 to the Bar under Cromwell's ufurpation, cunningly 
 concealing an hatred to the ruling powers, from at- 
 tention to property, or a profpect of perfonal pro- 
 motion. 
 
 A clear and critical hifiory of this ifland is pe- 
 culiarly adapted to a Lawyer's pen. In mod coun- 
 tries revolutions flow from a combination of eaufes, 
 and may be accurately traced to different fources. 
 
 In
 
 KING'S INKS. 149 
 
 In this country a denial or mifmterpretation of Law 
 led to all its convulsions. The former vice marked 
 the reigns of the Tudorg and Plantagenets, and the 
 lutter, weakly directed -to abfolute power, difgraced 
 and dethroned the Stuarts. In every warfare of 
 Irimmen, adivity, ftrength, and courage, have 
 been eminently difplayed, and thus far may animate 
 pofterity to funilar exertions, but the fcenes have 
 been too limited for military improvement, or ex- 
 ertions of exalted genius, even whqre they -led to 
 moft important events. 
 
 Thefe obfervations apply to that period when the 
 mifgovernment of Charles, and maladminiftration of 
 Strafford, conducted the inhabitants of Ireland, of 
 every feel and party, into the moft general, lad- 
 ing, and fanguinary civil war recorded in domeftic 
 annals. The King's Inns Society clofed on. the ap- 
 proach of that ftruggle. 
 
 The prefent, therefore, appears the proper period 
 to defcribe a legal conteft which the Society^ had, 
 about the grant of the King's Inns, and to it may 
 be principally imputed ,the decayed ftate of that 
 monailery, and a total want of proper improvement 
 correfpondent to the growth of the capital, .or the 
 judgment and wealth of its kgal inhabitants. This 
 impediment -hung over the inftitixtion from its re- 
 vival until the clofe of Charles IL's reign, and was 
 occafionally brought into public exhibition in pro- 
 portion as the claimant had pecuniary refources or 
 minifterial influence to fecond the attack. 
 
 Along
 
 IjfO HISTORY OF THE 
 
 A long conteft was laid before Strafford, and from 
 the fmgularity of the parties concerned, was tranf- 
 mitted to England. The complainant Walter Ufhv 
 an Alderman of Dublin, derived under Thomas 
 Earl of Ormond, who obtained a grant from the 
 Crown. The mutual pleadings recognife our pre- 
 ceding defcription, and particularly a grant to the 
 Chief Judges, and other prof effort of the Law. The 
 point in difpute was the validity of the grant to the 
 Earl, on account of deceiving the Crown, and be- 
 ing in direct oppofition to a refervatipn therein, 
 Whilft U/her denying the preceding charges, im- 
 puted a fimilar defect and deceit to the tenure of the 
 Society, who derived under ir John Pavis, to 
 whom the Crown had conveyed the premifes, and of 
 which he had enfeoifed the then Judges, and di-vers 
 others, pj-ofeffcn of the Law., to the ufe, and upon con- 
 fidence that the premifes mould for ever be a place 
 for the " residence for the Judges of his kingdom, 
 and other profiffirs of the Law near the citye of 
 Dublin." The ani\yer further ftates, " that for that 
 the Judges and other profeffors of the Law, v;titnoc 
 body corporate ', nor capable cf any donation in fee fitn- 
 pie." It was demifed to certain Members of the 
 Society for a term of 2 1 years, with an intent on 
 the part of the Crowri to renew tl)e fame. The lat- 
 ter iuggeilion was xvarranted by iact, and in other 
 refpefts would be but a becoming compliment to 
 the prefamecl wiidom of the Crown. 
 
 This caufe v/as prefented, and the pleadings ad- 
 dre/Ted to the Deputy, not merely becaufe t4ie Judges 
 
 were
 
 KING'S INNS. 151 
 
 were parties concerned, but as it was the recognife4 
 cuftom of that day. Sir Henry Sydney expreflfes a 
 particular pleafure on the appointment of Do&or 
 Wefton, an eminent Civilian, and Dean of the 
 Arches, to the Great Seal of Ireland. That wife 
 and honeft Deputy adds, " he will be thereby eafed 
 from the ufual drudgery of hearing private caufes, 
 and enabled to direct his unwearied attention to the 
 general concerns of the kingdom.' 3 Tiie reader 
 muft, however, tremble for the fituation of the 
 fubjec~l ; Irishmen lay expofed, not to the imperious 
 mandate of a Viceroy alone, they fek permanent 
 eftablimmenu in the Prefidency Courts with fimilar 
 authority, and in which the Officers of Juftice by 
 regular fucceflicn acquired great landed property. 
 
 No final decifion appears to be tranfmitted from 
 England. But a pathetic appeal clofes the defence, 
 which, though it ought not to avail againft the juft 
 claim of an individual, merits refpect and remenv 
 brance, as pregnant alike with wifdom and public 
 fpirit. " It recites the necerTity that provifion be 
 made for a place, in which all the Judges may re- 
 fide together in one Society, not to force them to 
 divide and difperfe themfelves into feveral places, 
 but herein to obferve the courfes taken in England, 
 and to conform thereto as near as may be. " 
 
 I am fufficiently recompenfed for an obfcure, la- 
 borious, and unprofitable refearch, by the coinc^- 
 dence of fuch men ; their opinion mall alfo animate 
 me to fix the profeflian on a f9Qting correfpondent 
 
 with
 
 T$2 HISTORY OF THE 
 
 with Ehglifh Liberty and Law ; and above all, to 
 tear from the flrufture the newfangled fcaftblding 
 of corruption or tyranny. During the ufurpatinn 
 we hear no complaints about the title. U flier was 
 a loyal, and therefore a profcribed name. Apoftates 
 from every party, who formed the regicidal court- 
 of Cromwell, were not to be diflurbed in their pof- 
 feflion. In this period alfo, many extenfive en- 
 croachments were made on the grounds by iuch 
 men, and which property to a great annual income 
 is enjoyed by their defendants or aflignees. 
 
 The leading feature of this monafterial plunder 
 followed the Viceroy's mandate, that the Society's 
 right to a confiderable part of their ground mould 
 be releafed to a courtly minion. I have even traced 
 the devoted fite, or holdings built thereon, on both 
 fides of the yiver through derivative interefts to pre- 
 fent friends of mine : fome defcended from Judges 
 of that period, and others enjoying under a legul 
 purchafe. 
 
 Of fuch evil example was the arbitrary and cor- 
 rupt interference of Government, that leading mem- 
 bers, in looking to future peculation or fraud, on- 
 ly gave to the courtly fyftem, continuance and 
 effeft. 
 
 An order was made on the loth of November, 
 1637, empowering the three Chief Judges to re- 
 ceive propofals for the outlying ground, and leafe 
 the ground (in the words of the order} for the good 
 
 f
 
 KING S INNS, 
 
 of the loufe^ and of their fo doing therein fhall 
 certificate to the Society, that thereupon they, or 
 tht greater number of them, may make fach fur- 
 ther order therein as mall be thought fitting. The 
 feparation of ranks, though fo lately arifen, pre- 
 vented any reference to the Society at large, for no 
 King's Inns parliament was convoked ; the filent 
 faring of future mifmanagement was in this man- 
 ner prevented from executing a falutary controul. 
 Thus, the ruin of King's Inns property may be af- 
 cribed to the preceding plaulible protection. No 
 reference was made, nor general concurrence -foli- 
 ated, by which means the eftute was diftributed as 
 corruption or patronage directed. The value is af- 
 certained in fubfecjuent pleadings. 
 
 For in 1672, one Patrick timer renewed the fa- 
 mily claim by petition to Charles II. who referred 
 the fame to the Lord Lieutenant for enquiry or re- 
 port. It palTed without determination in that quar- 
 ter, and was a fecond time tranfmitted to England- ; 
 finally, Ufher failed in his proof. The Society have 
 no perfon or corporation to difpute or doubt their 
 title fmce that period, except the Crown itfelf. Pa- 
 trick Ufher flates the annual value of the matter in. 
 conteft to have been, even at that time, fifteen hun- 
 dred pounds : the reader will therefore eafily con- 
 ceive what the income would be at this day under 
 proper management. However, the property at- 
 tached to that monaftery, and granted to the King's 
 Inns Society, reached both fides of the river. What 
 lies on the fouthern bank has been long fmce built up.- 
 
 on.
 
 154 HISTORY OF THE 
 
 on, and confidered as part of this city, under th- 
 appellations of UJher's->uay, and I/land, \vhilft the 
 northern portion bears the names of fuccefsful foli- 
 citors or grantees. 
 
 Lord Strafford wifhed to govern the Members by 
 abfolute authority, and under fuch influence to di- 
 recl; their learning in fupport of his civil and reli- 
 gious principles : yet architectural improvements 
 xvere .meditated on a fcale adequate to his magnani-- 
 jnous difpofition. The Four Courts were to be 
 newly built upon that fite, with a fuitable repofitory 
 for national Records, an Admiralty, Star Cham- 
 ber, and Prerogative Court, together with a Par- 
 liament Houfe, and a furrounding Square to ac 
 commodate legal Praclicers of every clafs. 
 
 The patient and enlightened reviewer of his ad? 
 miniftration mufl frequently fufpend a deteflation of 
 atrocious and unremitting tyranny in juft admira- 
 tion of the profound and politic ideas which flowed 
 from his genius difpenfing immediate benefits to the 
 nation, and extending them to remoteft pofterity, if 
 monopoly plundered the inhabitants, or paralyfed 
 competition : yet new fources of trade were opened, 
 and crippled branches of commerce revived. 
 
 Strafford feemed thoroughly to underfland the 
 nature of the Irifa foil, and the concealed, as well 
 as the oftenfible materials for manufacture or wealth 
 which grace this fmgular ifland. That enterprising 
 Deputy perfonally embarked in thefe laudable pur- 
 
 fuits,
 
 KING'S INNS. 155 
 
 fuits, and by the blended weight of prerogative or 
 purchafe, acquired an unmeiiie landed eltate in Ire- 
 land. In proportion a> enlightened iagacity induced 
 him to think highly of the country, a ipirit of ty- 
 ranny, feconded by official pride, urged him to hate 
 or defpife the inhabitants. pifgufted with the 
 fawning fertility of courtiers, or inflamed by the per. 
 fevering fpirit of opponents, his conduct feemed to 
 \vaver amid the preceding extremes, whereby ac- 
 knowleged talents were ufelefs to his Sovereign, and 
 ruinous to the peace of both countries. In unceaf- 
 ing attempts to controul political freedom, he was 
 cruel, capricious, and corrupt, yet the volume of 
 internal legifiation owes to him a great and rapid 
 improvement, which is well worthy the perufai and 
 attentive obfervation of real patriots, 
 
 In an adoption of beneficial Englifh Statutes, the 
 two preceding reigns muft yield the palm to Straf- 
 fbrd's fmgle adminiftration. It is my intention 
 merely to encourage enquiry, and not make a com- 
 mentary, but where angularity occurs iome notice 
 merits excuie. 
 
 It feems laws, hoftile to public peace or perfbnal 
 fecurity, Hill diigraced the Statute Book, though 
 the Deputies of Elifabeth or James gave to the fub- 
 jecl an apparently lincere, but partial or tranfient 
 review. One circumftance merits peculiar and per- 
 manent attention : Statutes are referred to in 
 James's repealing Aft, which are not in print, yet 
 nearly two centuries have elapfed without removing 
 
 the
 
 f$6 HISTORY O? THE 
 
 the national difgrace by an authorifed and accurate 
 mfpection of the Parliament Rolls. 
 
 Stafford's legiflation is not without blemim, nor can 
 it boaftof profoundor original ideas; however, its hum- 
 ble imitation, and ufeful variety, merits confiderabje 
 approbation. His immediate management of the 
 people violated every hereditary or acquired habit, 
 which could refult from Englifh Liberty or Law. 
 Under fuch dominion, what reafonable hope of na- 
 tional induftry or union ? To be thus a patron of 
 commerce or learning, is a contradiction in terms ; 
 though his great perfonal boaft was to extend both, 
 the real object inclined to encreafe taxation, and 
 make learning among Irimmen an inftrument of na- 
 tional iervitude. The ufual operation of each would 
 be thus counteracted, and fociety bereaved of their 
 befl effects. Without fatiguing the reader by a par- 
 ticular or lengthened illuilration, two alterations in 
 the Dublin Univerfity were peculiarly ill fuited tQ 
 that time, arid have contributed to check the pro- 
 grels -of general learning, and the jProteftant reli 
 gion in Ireland. 
 
 The native language was forbidden, and its types 
 became a fubject for fejfure, or punifhment of thole 
 who concealed them. Fellpwfliips were alfo granted 
 for life, which prevented a difperfion of clergymen 
 remarkably learned through the nation. Such per- 
 fons ought alfo to receive the peculiar favour of Go- 
 vernment. In our time the preceding meafures tend 
 to no general mifchief, though they exhibit a fpirit 
 
 of
 
 KING'S INKS. 157 
 
 of tyranny counteracting at that period found poll- 
 tical judgment. The King's Inns Society yielded 
 to the external prefiure of Vice Regal authority and 
 craft, yet the interior concerns were managed with 
 moderation, integrity, and ceconomy. An authen* 
 tic extract mall be given to juftify the preceding re- 
 mark: 
 
 Die Veneris tredecimo die Aprilis, 1638, compo- 
 tus Mauricii Euftace armigeri, primarii fervientis 
 domini regis, ad legem infra regnum fuum Hiber- 
 nise, ac thefaurarii hujus hofpitii de denariis per ip- 
 fum receptis, virtute dicti officii fui thefaurarii ad 
 ufum di6ti hofpitii, tempore quo officium illud tene- 
 bat, fcilicet a vicefimo fecundo die Novembris, anno 
 regni dicli domini regis duodecimo, ufque ad deci- 
 mum tertium diem Apriljs, anno quatuor decimo 
 regni ejufdem domini Regis. 
 
 Idem Mauritius fefe oneravit cum viginti duobus 
 libris undecim folidis et fex denariis flerlingis, per 
 ipfum receptis, a Jacobo Barry armigero, fecundo 
 barone laccharii domini Regis Hibernian, nuper 
 Thefaurarii hofpitii predicti, vicefimo fecundo die 
 Novembris, anno 1636, pro denariis in mariibus 
 fuis exiftentibus de remanentia compotus fui 
 22!. i is. 6d. Et fubter oneravit fe cum feparalibus 
 d,:;iariorum fummis fubfcriptis, quibus in termini's 
 fubfequenribus, recepit pro admiffione perfonarum 
 fubnominatarum & fuper rotulum penfionum, 
 viz. In termino S:. Michaelis 1636, curia de banco, 
 De Richardo Denny generofo, los. De Jacobo 
 
 Darcy,
 
 158" HISTORY OF TH 
 
 Darcy, Armigero, 2!. 135. 4d, fuper rotulum pen- 
 fionum termino predi&o 61. i6s. 4d. In termincr 
 Hilarii, 1636 7, De Thomas Proctor, Armigero, 
 i\. 133. 4d. De Roberto Ardagh, Generofo, 
 i os. De Thoma Mara, Armigero, 2!. 135. 4d.- 
 De Geraldo Fitz- Gerald, Generofo, ics. 28 Jan. 
 De Richardo Talbot, Armigero, 2!. 135. 4d. 30 
 Jan. De Johanne Kelly, Generofo, ios. De Chrif- 
 tophoro Turner, Generofo, ids. De Richardo 
 Ofbaldifton, Armigero, Atturnato, (Domini Re- 
 gis, General)') 2!. 133. 4d. 31 Jan. De Jacobo 
 Walle, Armigero, al. 135. 4d. i Feb. De Philip- 
 po Percival, Milke, 2!. 135. 4-d. 3 Feb. De Patri- 
 ck) Chamberlin, Armigero, 21. 133. 4d. 6 Feb. 
 De "Willielmo Ryves, Armigero, 2!. 135. 4d. 3 
 Mar. De Willielmo -Plunket, Armigero, 2!. 135. 4d. 
 De Jacobo Cufack, Armigero, 2!. 135. 4d. ' 
 Super rotulum penfionum iflius termini, 61. 175. 
 
 In termino Pafchac, 1637, 2 ^ ^P r - ^ e 
 pho Lebentrop, Arraigero, 2'. 135. 4d. 6 May, 
 De Johanne Daly, Armigero, 2!. 135. 4d. 27 
 Jilay, De Willielmo Sambach, Armigero, fecimdo 
 Serviente Domini Regis ad legein pro admifftone 
 jCul .ad menfam jufticiariorum il. 6s. 8d. Super 
 Rotularn Penfionum ill. ter. 61. 5s,~In termino 
 Trinitatis, 1637, idemque computans oneravit fe 
 cum .quinquaginta libris fterlingis per ipfum receptis 
 de Randall Beckett, Generofo, quos prediftus Ran- 
 dall falvit ad ufum hujus hofpitii, pro fine pro ter- 
 mino annorum fibi fafto in reddittione de gprdina 
 ct domo m qua jnodo inhabitat, 50!. Super Ro- 
 
 tulum
 
 KING'S INNS. 159 
 
 tulum penfionum iftius termini, 81. In termino St. 
 Michaelis, 1637, De Patrick) Kirwan, Armi- 
 gero, 2!. 13$. 4d. De Galfrido Brown, Armigero, 
 z\. 135. 4d. De Hugone Dudley, Generofo, IDS. 
 De Thoma Lovelock, Generofo, is. De Ter- 
 mino Hilarii, 1637 8, De Phiiippo Fernfley, Ar- 
 migero, 2!. 135. 4d. De Eugenio Dun, Geaerofo, 
 i os. De Samuel Muliyneux, Generofo, IDS. 
 Summa totalis receptionum did. comp, 148!. 
 19$. icd. 
 
 Ex quibus denariorum fummis, idem Mauritius 
 petit allocationem feparalium fummarum fubfcrip- 
 tarum, qwas per mandatum jufticiariorum predic- 
 tor um folvit perfoais fubnominatis modo & forma, 
 fequenti, viz. Solutum per ipfum computantem. 
 Randall Beckett 15 Decembris, 1637, 5!. 2d. 
 ^- Solutuin diclo R. Beckett, 2 die Maii, 1637, 
 jol. Solutum per ipfum computantem 4. die Julii, 
 -1637, Albone Leverott, pro novo libro admiffio- 
 num, i ol.-^ Solutum per ipfum prefatum compu- 
 lantern Randall Beckett quimo decimo die Julii, 
 1637,* folutum per ipfum computantem Martino 
 Bladen towgnfffo) pro libro admiiiionum predicto, 4!. 
 folutum per ipfum Computantem prcfato Ran- 
 dall Beckett, feptimo die Novembris, 1637,* Solti- 
 turn prefato R. Beckett, 10. die Novembris, 1637,* 
 Solutum dicto R. Beckett, 7. die Feb. 1637,* 
 131!. 175. fumma totalis ad folutionem dicli corn- 
 putantis lie remanct in i:;anibus didi computantis, 
 17!. 28. lod. ^Et remanet in manibus didi Ran- 
 dall Beckett ad ufum hujus hoipitii ultra ordinaria 
 
 demanda 
 * The fums in the original arc effaced or torn.
 
 l60 HISTORY OF THl; 
 
 demanda fua, allocator, per. Geo. Shirley, Ri. Bol* 
 ton, Sa. May art Wm. Ryves. 
 
 Memorandum quod apud confilium tentum apud 
 le Kinge Inns De Courte juxta Dublin, tredecimo 
 die Aprilis, Anno regni Domini Regis nunc Carol! 
 decimo quarto, Willielmus Ryves miles unus jufti* 
 ciariorum capitalis placise ejufdem Domini Regis, 
 regni fui Hiberniae, norninatus & eleftus fuit, ut 
 Thefaurarius hujus hofpitii pro uno anno integro 
 fequenti. 
 
 Die veneris feptemdecimo die Maii, i639-*-com* 
 potus Willielmi Ryves militis, unius jufticiariorum 
 curise capitalis placias, domini Regis, regni fui Hi- 
 bernias Armigero, Thefaurarii hujus hofpitii, de dena- 
 riis per ipfum receptis, virtute officii fui predifti ad 
 ufum difti hofpitii, tempore quo officium iliud exe- 
 quebatur, fcilicet a tredecimo die Aprilis anno Re- 
 gis, Caroli nunc Anglian, Scotiae, Francias, .& Hi- 
 berniae quatuordecimo, ufque ad feptem decimum 
 diem Maii anno regni difti Domini Regis, nunc 
 decimo quinto. Idem Willielmus fefe oneravit in 
 feptemdecim, libris, duobus folidis, et decern 
 denariis, per ipfum receptis, a Mauritio Euflace, 
 Armigero, nuper Thefaurario hujus hofpitii^ trede- 
 cimo die Aprilis, pro denariis in manibus fuis exif- 
 tentibus de remanentia compotus fui, 17!. 2S. zod. 
 Et fimiliter oneravit fe cum feparalibus denario- 
 rum fummis fubfcriptis, quibus in terminis fubfe- 
 quentibus, recepit fuper Rottula penfionum et pro 
 admiffione- perfonnrum fubnominatarum. 
 
 TermiDo
 
 Kino's IN: i6i 
 
 Termino Pafchee, 1638, De Johanne Taylor, 
 Armigero, 2!. 133. 4<d. Super Rottulum penfio- 
 num ejufdem termini, 61. 75. 4cl. Termino Trini- 
 tatis, 1638, De Roberto Bradford, ' -enerofo, los. 
 De Georgio Turner, Generofo, los, De Ca- 
 rolo Smith, Generofo, los. De Thoma Richard- 
 fon, Generofo, los. Super Rottulum penfionumt 
 ejufdem termini, 7!. is. Sd. Termino Michaelis, 
 1638, De Willielmo Hore, Armigero, 2!. i3s/4d. 
 De Bartholomoeo Fitz-Gerald, Arm". 2!. 133. 4d, 
 De Rogero Brereton, Armigero, 2!. 133. 4d. 
 De ; livero Jones, Armigero, al. 135. A.d De 
 Thoma Bennet pro redditu cervifiarii debito termino 
 predicto, il. 6s. 8d. Super Rottulum Penfionum 
 fjufdem termini, 81. Termino Hilarii, 1638 9, 
 De Gulielnio Brent, Armigero, St. 2!. 133. 4d. 
 De Philippo Yorke, Armigero, Sr. 2!. 135. Ad. 
 De Thoma Bennett, Generofo, pro redditu cervifi- 
 arbrum debito termino predicto, il. 6s. 8d. Sdper 
 Rottulum penfionum ejufdem termini, 61. 35. 4d. 
 Recepium a Randall Beckett pro denariis per ipfum 
 receptis ad ufum hofpitii a Abrahamo Moyes, 
 81. i2s. Summa totalis receptionum dicli compu- 
 tnntis, 76!. 135. lod, 
 
 Ex quibus vero denariis idem Thefaurarius petit 
 allocationem fcparalium denarioru.n fuminis fub 
 fcriptis quas per mandatum jufticiaricrum i7-K r el>at 
 perfonis fubnominatis modo & forma, ffqin.n i, viz. 
 Solutum per ipfum computantem Randall primo die 
 Februarii, 1639, 20!. Solutum per ioiiirn compu- 
 tantem dicto Kandall Beckett, 16. die Maii, 1639, 
 M 36!,
 
 l62 HISTORY OF THE 
 
 36!. 48. 4d. Sic Remanet in manibus dicti compu* 
 tantis, 20!. 93. 6d. 
 
 Memorandum quod apud eonfilium tentum apud 
 le King's Inns de Courte, juxta Dublin, feptemde- 
 eimo die Maii, 1639, anno Regni Domini Regis 
 nunc Caroli, Scotise, Francias, et Hiberniae quin- 
 decimo, Jacobus Donellan, Armiger, unus jufti- 
 ciariorum communis banci ejufdem Domini Regis, 
 regni fui Hibernias prasdi&as nominatus & eleftus 
 fuit, ut Thefaurarius hujus hofpitii pro uno anno 
 mtegro fequente-die veneris vicefimo Junii, anno 
 1640. 
 
 Compotus Jacobi Donellan, Armigeri, umis juf- 
 tlciariorum Domini Regis Curice fuce de Banco ac 
 Thefaurarii hujus hofpitii de denariis per ipfum je- 
 ceptis virtute didi officii ad ufum predicli hofpitii 
 fempore quo officium illud exequebatur, fcilicet a 
 ieptemdecimo die Maii, anno Regis Caroli nunc 
 1 5 ir -i ufque ad vicefimum diem Junii anno regni dicli 
 domini Regis nunc fexdecimo. Idem Jacobus fefe 
 oneravit cum viginti libris novem folidis fex denariis- 
 per ipfum receptis, a Willielmo Ryves milite nuper 
 Thefaurario hofpitii predifti, feptemdecimo die 
 Maii, 1639, pro denariis in exiflentibus de rema- 
 nentia compotus fui, 2ol, 95. 6d. Et fcilicet one- 
 ravit fe cum feparalibus denariorum fummis fub- 
 fcriptis ad ufum dicti hofpitii, viz. Pro admiffione 
 Termini Pafchas, 1639, DeThoma Browne, Gene- 
 rofo, i os. De Thoma Bennet, pro redditu eodem 
 termino, il. 6s, 8d. De Gofny Molloy, IGS. Su- 
 per
 
 KING'S INNS. 163 
 
 per Rottulum penfionum termino pred. 61. Ter- 
 mino Tfinitatis, 1639, De Thoma Bennet pro red- 
 ditu .cervifiarii eodem termino, il. 6s. 8d. De 
 Georgio Carlton, Armigero, 2!. 135. 4d. Super 
 Rottulum penfionum eodem termino, 5!. i6s. 
 Termino St. Michaelis, 1639, De Thoma Spring- 
 ham, Generofo, los. De Patricio Boyton, Ar- 
 rnigero, 2!. 135. 4d. De Johanne B'.kef, Gene- 
 frofo, i os. De Johanrie Hely, Armigerd, 2!. 135. 4d 
 Super Rottulum penfionum termino pred. 61. 
 
 Termino St. Hilarii, 1639 40, De Thoma Ben- 
 net pro prima folutione per ipfuni dat). pro cervifi- 
 ario et fuper rotul. penfionum termino predicto, 
 151.6$. Termino Pafchse, 1640, De Thoma Ben- 
 net pro fecunda & plena folutione confiderat 3 . per 
 ipfum datum pro cervifiario predicto, iol. Super 
 Rottulum penfionum termino predifto, 4!. i is. 
 Termino Trinitatis, 1640, De Johanile Forfter, 
 Generofo, IDS. De Richardo Shee, Armigero, 
 ill. 135. 4cl. Super kottulum penfionum termino 
 predifto, 5!. <;s. Summa totalis receptionum dili 
 computantis, 89!. 45. 2d. 
 
 Ex quibus idem computans folveSat feparalee 
 
 fmnmas fequentes per mandatum jufticiariorum hu- 
 
 jus hofpitii. .Soluturii per ipfum R. Beckett, 12. 
 
 julii, 1639, 2ol. 78. lod. Solutum per ipfum pre- 
 
 foto R. Beckett, 2. Dec. 1639, lol c olurum per 
 
 ipfum prefato R. Beckett, 12. Feb. 1639 40, iol. 
 
 Solutum per ipfiim prefato R. Beckett, 10. die Junii, 
 
 r6 N 0^ 30!. 5?. 4d. Surnma totalis folurionum dicli 
 
 M 2 computantis,
 
 164 " HISTORY OF TK 
 
 computantis, 70!. 135. 4d. Sic remanet in manx* 
 bus dicli computantis, i81. ics. icd. Poftea re* 
 eepit fuper rottul. pens. Term. Trin. 1 640, 5!. 
 
 Die veneris vicefimo die Junii, 1640, memoran- 
 dum, quod apud confilium tentum apud le Kings 
 Innes De Courte juxta Dublin vicefimo die Junii 
 anno regni domini regis nunc Caroli, Anglias, Sco- 
 tise, Franciae, et Hiberniae, predido, Willielmus 
 Hilton, Armiger, unus baronum faccharii di&i 
 domini Regis, Regni fui Hibernian praediclse nomi- 
 natus & electus fuit, ut Thefaurarius hujus hofpitii 
 pro uno anno integro fequenti. 
 
 Nono die Notfembris, 1640, Memorandum quod 
 Thomas Tempeft, Armiger, Atturnatus domini 
 Regis nunc Generalis eodem die admiflus eft in fo- 
 cietatem hujus hofpitii, & folvit pro admiffione fua, 
 fumma, al. 138. 4d. Memorandum, quod Michael 
 Jones, Armiger, hodie admiffus eft in focietatem 
 hujus hofpitii, et folvit pro admiffione fua, fumma, 
 al. 135. 4d. Memorandum, qucd Johannes Bry- 
 ver, Armiger, eodem die admiffus eft in foe. hujus 
 hofp. et folvit pro admiffione fua, 2!. 135. 4d. Solu- 
 tum Tho. Bringhurft, permandatum 9. Novembris, 
 1640, 5!. Solutum fibi, 21. Novemb. 1640, 81. 
 Solutum fibi, 17. die Decembris, 1640, 5!. 6s. 8d. 
 Memorandum qucd Georgius Barnewall, Armi- 
 ger, eodem die admilfus eft in focietatem hujus hof- 
 piti, et folvit pro admiffione fua, fumma, 2!. 135. 4d. 
 -Memorandum quod Thomas Dongan, Armiger, 
 
 eodem
 
 KING'S INXS. . 165 
 
 eodem die admirtus eft in focietatem'hujus hofpkii, & 
 folvit pro admiffione fui, 2!. 13$. 4d. 
 
 The entries from the revival in 1607 (fave one) 
 are in Latin, and. unite a mafs of moft diftinguifhed 
 national remembrances, to elucidate which, in the 
 anceftry or defendants of the King's Inns Fellows, 
 would form a long, but interefting work, irifli 
 Hiflory could not receive a more .correct commen- 
 tary, nor our legal fyftem a more extenfive or ac- 
 curate illustration. Let us try fome of the perfons 
 admitted from 1636 to 1640, and mentioned in the 
 preceding extract : their fituadons and families will 
 jfupport, in fome degree, my pofition. Firft, as to 
 fimc of the Barri/iers James Parcy was nephew to 
 Patrick Darcy, arid engaged with him in the mili- 
 tary and political field of Irifh diftraction. Richard 
 Talbot, uncle to the famous Duke of TyrconneL 
 Sir Philip Percival. anceftor to the houfe of Egrnont. 
 William Sambach, Second Serjeant, an aclive and 
 bufy actor in fubfequent fcenes againft the unfor- 
 tunate Charles. GeofFry Browne 3 faid .to be exe- 
 cuted at Limerick by Jreton, but ichkb h a grofs mif- 
 iake. William Hore of - Dungarvan. Bartholo- 
 mew Fitz-Gerald, anceftor to Prime Serjeant Ro- 
 bert Fitz-Gerald. Oliver Jones, afierwurds Second 
 Juftice of Connaught, and a Judge of the Common 
 Pleas. George Carlton, Clerk of the Crown and 
 Hanaper, anceftor to our gallant countryman, Sir 
 Guy, Lord Baron Dorchejhr. Patrick Boyton, 
 Member for Cafhell in 1639. John Hely, father 
 to Lord Chief JvJ?ice He/y. Richard Shee, grand' 
 
 fon
 
 j66 HISTORY OF 
 
 foa to Sir Richard, the Kilkenny benefactor in 
 1605. Thomas Tempeft, an Englifhman, then ap- 
 pointed Attorney General in. the room of Sir Ri- 
 chard Ofbaldefton, deceafed. 
 
 Let us now review fome of the Aliormcs before- 
 inentioned, by a fimilar fcale. Robert Ardagh, an 
 evidence produced on the trial of Lord Strqffbrd. 
 Chriftopher Turner, father to Judge Turner. Sa- 
 muel Molyneux, father to the great Molyneux. John, 
 Forfter, grandfather to Chief yujlice Forjler^. and 
 Gofny MoHoy, father to the refpeclable Author of 
 the treatife De jure Maritime & Navali. Even Wil- 
 liam Bladcn, the printer of the book of admiflions, 
 was Strafford's and Cromwell's ftate printer, and 
 fo continued by Charles II. He filled the office of 
 Lord Mayor in Dublin, and was the anceftor of a 
 diftinguimed Irifhman, Colonel Martin Bladen, 
 the Trati/lator of Char's Commentaries, and his gal- 
 lant nephew, Lord Haivke. .There is no perjod 
 from the year 1607 fo barren of fingular characters 
 on the King's Jnns Roll, as from 1636 to 1640, as 
 if the Society was preparing for its temporary fup- 
 preflion amid the fucceeding troubles. Leverott the 
 Herald at Arms has efcaped my refearch, and the 
 reader will think he deferves it, for filling a ftation. 
 under Government, and leaving no memorial of 
 official induflry to perpetuate his own name, or i!~ 
 luftrate the exiflence of others. The King's Inns. 
 Society does not, however, appear more obfcure in 
 its ancient hiilory, than in the cloudy tranfaclions^ 
 
 of
 
 KING'S INNS. 167 
 
 jf the lafl feventeen years, which mall be faithfully 
 laid before the public in the third part of this Work. 
 
 Baron Hilton does not appear to -have accounted, 
 and is perhaps the only Treafurer who has a fuffi- 
 cient excufe in the preflure of national misfortuneo 
 A few more admiffions clofe the legal lift, until the 
 year 1654. The new Attorney General applied, on 
 the fifth day of December, for a paffage through 
 his garden into that of the Inns, on his Majefty's 
 -bufmefs, which, however, this petty official ftatef- 
 man foon deferted, and fled from Ireland under the 
 alarm occafioned by the death of Wandesford, and 
 the awful attainder of StrafFord. The minions of 
 that unfortunate Viceroy were determined to perfe- 
 vere in felfifh purfuits and tyrannic defigns. King or 
 Country funk under this baneful afcendancy ; there- 
 fore the Republic and Cromwell met in them pre- 
 pared inftruments for mifgoyernment or ufurpation 
 of every kind. 
 
 Let us, however, turn from official time-fervers 
 and impudent traitors, to men fertile in great and 
 honed qualifications. The reader has marked in 
 the preceding extracl, the admiffion of Patrick Kir- 
 wan to the rank of Barrifter. Whilft the misfortunes 
 of Ireland encouraged and increafed the vices of 
 other perfons, Kirwan's character has received an 
 immortal and unfading memorial from that black 
 period. Such was his aftive, inceflant, and un- 
 common humanity, that upon the final fettlement of 
 the kingdom in 1653, the ancient eitate was not 
 
 only
 
 l68 HISTORY OF THE 
 
 only preferred inviolate, but diftinftions of perfonal 
 fafety and public refpect fuperadded. We thus 
 clearly fee, that Chriftians of every feel properly 
 appreciate human virtue, when a iuft for power, 
 wealth, or proielytifm, does not imother iuch gene- 
 rous inftiiict, or induce deluded fanatics " to kill 
 for the truth, and muruer for God's fake." Crom- 
 well's fanguinary government not only releafed Mr. 
 Kirwan from religious difability, but confirmed every 
 ufual or preceding immunity attached to his ftation 
 as a magiftrate or a man. The fcripture blefling 
 feems alib to crown his name iji the luflre of a de- 
 fcendant. 
 
 Richard Kirwan is that gentleman's heir at law, 
 and alfo a Fellow, or Member of the King's Inns. 
 The throne of philofophy fhall not feparate fuch a 
 man from our Society, any more than exile could 
 in the opinion of Lewis XIV. expatriate the enlight- 
 ened Bayle. The law has lent Kirwan to irradiate 
 other fpheres, to attemper climates, purify air, and 
 extend God's comforts by a rnanurage of earth : 
 but ibciety feels its laft and greateft blefling in a mild 
 well managed Government, of which the Englifh 
 code is the firmeft and mod permanent prop. Then 
 let me add, without a fear of contradiction or im- 
 puted falmood, that my revered and amiable 
 friend exceeds in extenfive legal reading, and thofe 
 patriotic feelings which fhould accompany fuch per- 
 fection, almoft all his cotemporaries. Corrected from 
 the ilernnefs or avarice of practice, that fcience is 
 mellowed in Kirwan's mind, and exhibits alternately 
 
 refinedt
 
 KING'S INNS. 169 
 
 refined traits of morality and public fpirit. I (hall 
 folicit no excufe from Iriflimen or Britons for thus 
 uniting, by a refemblance of equal but uncommon 
 virtue, two remarkable Members of the Society. 
 The preceding quotations alfo prove that regular 
 King's Inns Remembrances (if at all worthy of pub- 
 lic attention) fhould not be confined to official or 
 judicial characlers, .for the body at large refers to 
 the moil diftinguimed individuals and families who 
 have adorned Irifh annals, or been tranfplanted by 
 exertions of heroifm and wifdom to that fertile 
 foil. ' 
 
 The preceding King's Inns account clofes at the 
 dawn of a civil war, and has, independent of every 
 other fmgularity, the grace of a claflic language to 
 recommend a perufal that circumftance induced 
 me to incorporate it with this compilation ; another 
 novelty mail alfo accompany the original extract, 
 and the reader be prefented with a ftatement of the 
 Society's receipt and expenditure for an equal pe- 
 riod within the laft ten. years, and until the final 
 traniportation or transfer of the Irilh legiflature 
 from the feat of its duty. Nor can the Union be 
 deemed at all improper, though extremely different 
 in point of time, each iyftem of afleiTai^atfor expen- 
 diture feems to the legal body of Ireland, but mod 
 certainly to Iriflimen however difperfed, equally un- 
 known : befides, lettered curiofity can only refult 
 from the former, whiht profelfional correftnefs, and 
 the permanent intereft of 'poflerity may flow from 
 the latter. 
 
 Balance
 
 Balance immediately previous to Michaelmas 
 Term, 1796, in the Treafurer's hands 3 ioo81. 45. 6d. 
 Receipts in that Term, 3566!. i6s. old. Dif- 
 burfements, 3348!. 175. At the fame time there 
 \vere in the Treafurer's hands, one hundred and fix- 
 debentures at 3?1. per cent. One hundred and 
 jtwenty eight debentures at 5!. per cent, and twenty- 
 four treafury bills at 5!. per cent, annual intereft, 
 of which large property the Society had no poflef- 
 fion, nor could, without the Treafurer's good will, 
 afcertain die identity or amount, for no printed 
 ftatement of accounts then exifled, nor was any 
 knowlege of the Society's pecuniary concerns com- 
 pletely known to any man in the profeflion uncon- 
 nected with the King's Inns cabinet. 
 
 Receipts of Hilary Terra, 1797, with the pre- 
 Ceding balance, 5732!. 93. 5d. Expenditure > 
 3869!. 95. ioid. 
 
 Receipts and balance for Eafter Term, 1797, 
 3553!. I2S. 6id. Expenditure, 6881. 153. lid. 
 
 Receipts and balance for Trinity Term, 1797, 
 2589!. 6s, 7d.' Expenditure, 1120!. los. 6d. 
 o 
 
 Receipts and balance for Michaelmas Perm, 
 1797, 2656!. 8s. 5fd. Expenditure, 632!, is. id. 
 
 Hilary Term, 1798, receipts and balance, 4199!, 
 j6s. 4id. Expenditure, 3191!. 9* 7d. 
 
 Eafter
 
 KING'S INNS. 171 
 
 Eafter Term, 1798, receipts and balance, a68oL 
 jjs. ii^d. Expenditure, 766!. us. 4d. 
 
 Trinity Term, 1798, receipts and balance a 
 2272!. 1 8s. 6id. Expenditure, ^91 81. 195, 6d. 
 
 Michaelmas Term, 1798, receipts and balance, 
 1483!. i2S. 9fd. Expenditure, 836!. I2S. fd. 
 
 Hilary Term, 1799, receipts and balance, 2510!. 
 1 8s. icj-J. Expenditure, 830!. 55. 9d, 
 
 Eafter Term, 1799, receipts and balance, 2844!, 
 135. 8|.d. Expenditure, 836!. os. lod. 
 
 Trinity Term, 1799, receipts and balance, 
 39061 55. 7fd. -Expenditure, 1459!. los. 4d. 
 
 Michaelmas Term, 1799, receipts and balance, 
 3506!. is. old. Expenditure, 2540!. 135. Sd. 
 
 Hilary Term, 1800, receipts and balance, 1865!, 
 i os. 3 id. Expenditure, 1485!. 7$. 3d. 
 
 Eafter Term, 1800, receipts and balance, 3845!. 
 175. Sfd. Expenditure, 1032!. i6s. 7d. 
 
 Trinity Term, 1800, receipts and balance, 345 il. 
 jis. o|d. Expenditure, 3404!. 93. 3d. 
 
 The piercing eye of Wentworth would be flart- 
 led at the above companion, which exceeds the 
 
 relative
 
 1/2 HISTORY OF THE 
 
 relative amount of national revenue at thcfe differ- 
 ent periods of time. Moderns are better armed 
 v/ith financial precedents than that great ftatefman, 
 iind as phyficians often augur difeafe from extreme 
 good health, fo bankruptcy fometimes treads on the 
 heels of mod extended revenue. 
 
 No account or entry appears of Straffbrd's admif- 
 fion into the Society, nor even of Secretary Wan- 
 desford, who was Matter of the Rolls $ but his 
 friend Sir George Radcliffe poflefled chambers, and 
 that prime favourite, Bifhop Bramhall became 
 King's Inns chaplain or preacher. Thefe circum- 
 ftances induce me to think, that many, and the moft 
 valuable documents, have been deflroyed, either by 
 ijegligence or defign. The latter principle mod 
 certainly contributed to complete fuch fcene. How 
 many corrupt and jobbing members felt an interefl 
 in fupprefling a coteniporary evidence of guilt, or 
 what mud form a pofthumous proof to their difho- 
 110 r an expenfive volume of admiflions decorated 
 by armorial bearings, marks the preceding Latin 
 extract, of which curious and original work not 3 
 trace remains. 
 
 I alfo firmly believe, that the fyfteinalic plan of 
 rnodern innovation has equalled in concealed, but 
 efteclual craft, rebellious convulfions or the lapfe of 
 time. The preceding prcofs flow from an obfcure, 
 irregular, and almoft illegible book, which feemed 
 equally calculated to baffle lettered fagacity or labor, 
 lious refearch. That appearance, like the hlindnefs 
 
 of
 
 KING'S INNS. 173 
 
 of a Perfian prince, poffibly preferred it m exift- 
 ence amid a general deftruction; fuch as it is, it 
 fhall be preferved in the King's Inns Library for pub- 
 lic curiofity and proteliional infpection. 
 
 But I am leading the reader reluctantly to the 
 precipice of a civil war, in which religious pre- 
 tences feemed to farictify uncommon crimes, and a 
 zele for freedom, unreftrained by integrity or order, 
 buried in one common ruin ancient law, eftablifhed 
 government, and focial happinefs. To fuppofe the 
 King's Inns Society exifting or profperous amid fuch 
 a fcene, would be a grofs and unfounded libel upon 
 a body of men who have in the mofl trying feafons 
 fupported the birth-right of their fellow-fubjeclsi 
 and in every great crifis of the Conftitution flood 
 forth the undaunted affertors of limited monarchy, 
 faithfully directing their influence and learning in 
 fupport of Religion, Liberty, and Law. Even Crom- 
 well admitted, that in all confultations for new mo- 
 delling the Government, Lawyers were for fupport. 
 ing the mixed fern, a few corrupt or, crafty indivi- 
 duals verging .to defpotic monarchy, or republican 
 extremes, uphold a collateral exception, which ra- 
 ther tends to confirm, than weaken, the general ac- 
 knowleged rule. 
 
 As hiftoric events inftrucl: poflerity with unerring 
 effect . nd inoffenfive impartiality, a few obferva- 
 tions on the (late of both iflands at that period me- 
 rit excule. In each kingdom contending parties 
 profdfed an attachment to the ancient Gonflitution, 
 
 but
 
 174 HISTORY OF THE 
 
 but preifing principles to extremes, they fubverted 
 that venerable fabrick. Providence permitted an 
 obfcure faction of felfifh hypocrites, and unprinci- 
 pled fanatics, to fcourge an humbled community; 
 and render fervitude itfelf more galling by the mean 
 inftruments employed in its fupport. 
 
 "When Great Britain groaned under this difgrace- 
 ful yoke, Ireland, weakened by factions more nu- 
 merous and inveterate, continued the ftruggle for a 
 longer period, but could not weather the furround- 
 kig ftorm, during which the Society of King's Inns 
 poured forth enterprifmg Members into military 
 ranks. Cromwell, Fairfax, Ireton, and Ludlow, 
 had been either called to the Bar, or iffued from 
 Inns of Court to fuftain military banners. Ireland 
 alfo produced many legal profeffors or ftiidents who 
 affumed a fmiilar garb. 
 
 The firm, courageous, and difinterefted Patrick 
 Darcy, who derived his defcent from the nobleft 
 blood in Normandy, Britain, or Ireland, and di- 
 rected his learning or principles to the inceflant ex 
 ercife of every generous virtue which can dignify 
 human character ; Geoflry Brown, a man of equal 
 integrity and bravery, but of inferior literary ta- 
 lents ; the corrupt and cruel Sir Phelim O'Neil ; the 
 patient and perfevsring Sir Nicholas Plunket ; the 
 furious and fanatical Hugh Rochford j the ardent 
 and romantic Sir Audley Mervin ; the mild and benf- 
 volcnt Sir Richard dealing, became active foldierar 
 and practical ftatefmeiit 
 
 At
 
 KING'S INNS. 
 
 At this melancholy period, Religion and Law, 
 the ruling links of fociety, were wrefted from their 
 ordinary pofition. Thus, public peace was fab- 
 verted by its ufaal fupporters, which enlifted under 
 fuch feducing banners, every Fellow of the King's 
 Inns, who could trail a pike, or pen a pamphlet. 
 
 Even on the loth of November, 1640, an Eng- 
 lifhman was admitted as Attorney General, and the 
 well known Michael Jones called to the I rim Bar. 
 Little did the imperious Strafford, or courageous 
 Ormond forefee, that whilft the public profecutor 
 was in exile or prifon, a junior Fellow of the King's 
 Inns would crufli the arms of a Viceroy, and fuc* 
 cefsfully mftain a republican flag in the Irifli Metro- 
 polis. The youthful, learned, and fpirited Members 
 Were thus employed in different pofitions, whilft the 
 aged, ignorant, and feeble, had leifure to reflect 
 on public misfortunes refulting from an union of 
 caufes beyond their influence to refift or delay. Irt 
 the end, a group of republican regicides ufurped 
 the Government, who preferred the indulgence of 
 free quarters, with the aid of torture a-nd martial au- 
 thority, to an exercife of common law, or its whole* 
 fome difcipline. 
 
 Nor did Ireland feel an appearance of the latter 
 &lefling until Cromwell ftrangled that political mon- 
 jfler. The ufurper's criminal code was as little cal- 
 culated to difpenfe juftice with mercy, as his adopt- 
 ed civil fyftem to unite protection with liberty. In 
 trials of either kind, that firfl and eternal rule of 
 
 juftice,
 
 i;6 HISTORY 6F THE 
 
 juftice, which prefumes innocence, was exploded^ 
 and perlbns whofe lives or properties were attacked, 
 flood preemptively guilty from religion, refidence, 
 or connexions. The common law, however, me- 
 rits this memorable applaufe: no court could be 
 conftituted under its forms, efficient to enable the 
 mod abandoned Judges fully to execute the preced- 
 ing fchemes. Commiffioners were therefore ap- 
 pointed iri a civil and military line, with indefinite 
 powers to exercife criminal equity, under which plau-- 
 fible, but deceitful term, life was fuccefsfully at- 
 tacked, and property rendered completely infecure. 
 
 We find the criminal advifers of StrafFord in the 
 foremofl rank ; wretches, whofe crimes provoked 
 impeachment in 1640, were fo fuccefsful in apofta- 
 cy and treafon, as to hold fimilar or higher offices 
 under the republican government, and the ufurpa- 
 tion of Cromwell. Such was the conduct of felf- 
 iih and flippery flatterers, whilft Hyde, Palmer, and 
 Vaughan, in the beginning of the long- Parliament, 
 refifted the meafures. of arbitrary Minifters, and 
 with equal integrity rifqued life and property in 
 counteracting the encroachments of a levelling ban-, 
 ditti ; an unerring proof of the ftrength and fteadi- 
 nefs which ufually animates a friendlo limited monar- 
 chy and legal freedom. Thus, fovereigns may be. 
 equally certain, that the traitor to his country will 
 be alfo faithlefs to his prince* 
 
 If fuccefsful rebellion renders refinance hopelefs, 
 fubjefts mould not at leaft court a guilty connexion 
 
 therewith.
 
 KING'S INNC. ' 177 
 
 therewith. Society is even interefted in a detection 
 of fuch conduct, and marking it with proper dif- 
 grace. No remarkable circumftance diftinguifhes 
 the revival of the King's Inns under Cromwell, ex- 
 cept that his adminiilration was more liberal than 
 that of the Stuarts. One hundred pounds a year 
 was ordered from the treafury to difcharge the ex- 
 pence of neceffary repairs, and a grofs funi granted 
 in addition thereto for immediate expenditure. 
 
 . That venal body of apoftate Judges and crimi- 
 nal Courtiers, joined to their general duty a parti- 
 cular attention to the Srate ufurper. Cromwell's 
 family arms were elevated in the dining-hall with 
 public pomp, and at a coniiderable expence, whilft 
 thole of the new republic flood in the back ground, 
 and on a more economical icale. As Law thus cor- 
 ruptly practiced anticipates the wiflies of Govern- 
 ment with forward and obfequious zele, whilft 
 martial law prevailed, or military commifiioners 
 tried civil caufes, we find fome of the Members ad- 
 iniited into the Society of King's Inns, and even 
 Chambers affigned to an Adjutant General, 
 
 " 26th July, 1654, William Allen* K/i/. Adjutant 
 General, &c. is" admitted into the Society of the Inns 
 of Court, Dublin^ without fine." The reafon of 
 this application and admiffion is declared to be on 
 account of his necefiary attendance on the Court of 
 Claims, which fhews that he was a comrnifil jner or 
 profecutor of forfeited eilates. He had alfo an houfe 
 near the Inus, built upon the eflale of the Society, 
 N and
 
 HISTORY OF THE 
 
 and rented from that crafty time-ferver Sir Robert 
 Meredith, to which ground the Members releafed, 
 by the mandate of Strafford, their confidential 
 right. 
 
 Our legal body had few Fellows of their houfe 
 who more juflly merited an exemption from ordinary 
 oblivion, or to have his name revived for the falu- 
 tary purpofe of public infamy and example. Allen 
 fprung from the dregs of the people, and had early 
 fignalifed himfelf by brutal intrepidity amid the 
 commotions cf London. This conduct attracted 
 the patronage of leading men, whereby he was en- 
 abled to attain the rank of Major at the time of 
 Charles's murder. His known principles made 
 Cromwell eager to engage him as a confidential fer- 
 vant. Under fuch guidance he came with a power- 
 ful patton into Ireland, and even ferved in the war 
 againft Scotland, An intimate connexion and long 
 fervice under that profound ftatefman completed his 
 perfonal manners and political education. 
 
 This afflicted country alfo furnifhed a theatre for 
 ihe active and continued exercife of all his vice. Nor 
 was Cromwell indifpofed to acquiefce in Allen's de- 
 fire to fettle in Ireland. An ufeful fatellite was 
 thereby provided for, and an intelligent fpy fixed in 
 a proper and necefiary fituation. His cruelties did 
 not difable him from that fervice, as his bufmefs lay 
 not with the natives, but the republican Commif- 
 fioners and Generals ; crimes at which the furious 
 temper cf Ireton, and humane zele of Ludlow, re- 
 volted.
 
 KING'S INNS. 
 
 tolted, were rendered familiar to the public eye by 
 this protected ruffian. 
 
 The haplefs Papifts were hunted like wild beads 5 
 nor was the confcientious loyal Proteftant treated 
 with lefs feverity. Free quarters did not give to the 
 Ibldiery food or raiment, (the attainment of which 
 in that manner will be ever abhorred by humane and 
 gallant men) but accumulated property to the com- 
 mander by the terrors of its infliction. Allen fo 
 far refenibled Kirk or Jtffiryes as to make the indul- 
 gence of cruelty an inftrument of wealth. His 
 views of property are thus fairhfully defcribed by a 
 private letter : 
 
 ; . : . , . ( i . '. 
 
 " We have here a great General Council to fa- 
 tisfy the arrears of our army. Pray for its, that 
 now we come to poffefs houfes we have not built, 
 and vineyards we have not phmted^ we may not for- 
 get the Lord and his goodneis to us in the day of 
 6iir diftrcfs." The reader can determine v tpon Al- 
 len's official integrity as a Conirniffiorter of forfeited 
 eftates, by the tranfport which accompanies fuch en- 
 joyment, and the religious hypocrify interfperfed 
 therewith. 
 
 His fellow foldiers, according to their refpeftive 
 difpofitions, eyed him with envy, jealoiify, or ab- 
 horrence. By this means individuals *were en- 
 couraged to complain, and on undoubted and mul- 
 tiplied evidence be was ca/kitrfd. This fentence in- 
 volved in its caufe and confequences too many per- 
 
 N 2 fons
 
 r?0 HISTORY OF THE 
 
 fons to render the fubjecl: fit for further difcuf-' 
 fion. 
 
 Cromwell therefore, vvivh his ufual art, yielded a 
 favourite to State neceffity, and confdled the party' 
 by a civil office in England. A fufficient compli- 
 ment was paid to judgment and cunning in the dei- 
 tined employment. The department of fpies was 
 entrufled to him, which revived and extended the 
 terror of his name through Great Britain. 
 
 This circumftance gave rife to as powerful' and 
 fuccefsful a device as ever diftinguifhed a pamphlet. 
 When Titus publimed Killing no Murder , that inge* 
 nious and public fpirited Author gave it to the world 
 under the name of William Allen* This enfured im- 
 mediate and extenfive circulation, and fharpened 
 with a keener edge the dagger which it prefented to 
 the imperious ufurper. The firft interview after its 
 perufal between Cromwell and Allen muft occafion 
 a fingular embarraffment, even among practiced hy* 
 pocrites. 
 
 It is, however, an acknowledged truth, that Crom- 
 well from that time affumed a gloom which baffled 
 all dilguife, and became the timid expectant of that 
 
 flrokc which h'e fo often braved in the field of battle. 
 
 i 
 
 T his precious and claffictra6l has emerged from unme- 
 rited bbftJhrily, and is at this moment well understood 
 and commented upon in countries where aflaffina- 
 tion has for centuries formed a leading feature in 
 State policy. On the fucceeding day the King*s 
 
 Inns
 
 . KING'S INNS. 181 
 
 1 
 
 Inns Roll received another Member famous for 
 great acquifitions, but who is intituled to perpetual 
 remembrance for the depth and energy of literary 
 exertion, and Hill more for unabating patriotifm,. 
 Calm, enlightened, and philofophic Sir William 
 Petty felt the public pulfe with profeflional fkill ; 
 in e.aeh exercife he wifely took the nature of man as 
 his guide, and thereby infufed the true fpirit of phyfi- 
 cal refcarch- into political effays. Thefe fplendid 
 productions did not attract popular or party notice, 
 for they were unpolluted with fyftematic craft, and 
 directed folely .to tl\e national good. 
 
 JMontefquieu appreciated their worth by quotation, 
 and thus proved them works fit for the perufal of 
 patriots, philofophers, and flatefmen. Petty's dif- 
 ijnguifhed merit is locally and permanently fixed by 
 an original act to the Irifh foil. The Down furvey 
 is the only monument of that criminal period, the 
 mutilation of which is a fubject of juft and general 
 regret. Modern fubflitution has hitherto proved as 
 uniuccefsful as the laboured compofition of Frien- 
 fliemius, or the claffic flrength of Brotier, to fupply 
 :he chafms in Livy's and Tacitus's immortal works. 
 
 Having faithfully laid before the reader the two 
 honorary Members appointed under the Proteclor, 
 Jt is my duty to reinstate the regular legal Society in 
 its ordinary habitual pofition : " Ordered, That Sir 
 John Temple, Mailer of the Rolls, {hall be the 
 Jreafurer for one year, next eniuing." 
 
 " That
 
 12 HISTORY pF 
 
 " That the Treafurer for the time being mall ac- 
 quaint the Bench with the names of all fuch per- 
 fons as defire to be admitted into the Society, and have 
 ihcir confcnt before the admiflicn be entered. That 
 every ad million entered in the book be fubfcribed 
 by the Treafurer. That the entry of every admif- 
 fion into the book be made in Englifh. That all 
 Officers belonging to the Four Courts, all that plead 
 at the Bar, and all Attornies that practice, mall be 
 admitted. Memorandum : It is ordered, That Sir 
 John Temple doe confider of the feveral chagibers 
 in the Inns, and prefent unto the Bench fuch as be 
 convenient to be fett out, for the Lord Chancellor, 
 the Lord Chief Juftice of the Upper Bench, and 
 the Lord Chief Baron.' 3 
 
 It is obfervable, that the fame liberal fpirit and ge- 
 neral privilege marked the preceding rules as diftin- 
 guifhed the revival in 1607, except as far as party 
 venom or republican prefumption varied the rule. 
 Pra&icers were not obliged to become Members or 
 Fellows of the King's Inns. ]5ut the dignified privi- 
 lege hung on the will of Courtiers, to whom the 
 ancient fite feems reftored, and for whofe particular 
 benefit the bounty of Government was certainly di- 
 rected. 
 
 If corrupt or mifguided men felt an appetite for 
 dominion, or a difpofition to abufe authority, it 
 could not be exercifed within the body with confift- 
 ency and effect, though the chief judicial offices 
 were filled by the guilty minions of StrafFord, now 
 
 metamorphofetf
 
 KINGS INNS. 
 
 metarnorphofe4 .into crafty Minifters of a C'romwel- 
 lian Court. 
 
 At a fecond Council, application is ordered to be 
 made to Government for one hundred pounds for 
 the ufe of the houfe, to be particularly beftowed in 
 making up the lodgings ordered for the Lord Chan- 
 cellor and the Lord Chief Juftice. At a third 
 Council, Commons were fettled. 
 
 " Ordered, That the Bench table do pay fifteen 
 Shillings each, by the week, for themfelves and their 
 men, Mr. Wootton's Commons being caft in." 
 
 " That the Bar table doe pay feven millings each 
 by the week, and that the Saboath day be included." 
 
 " That the place lately ufed for the Court of 
 Claims, and the chambers within the fame, be 
 made ready for lodgings for the Lord Chancellor." 
 
 " 2ift April, 1657, Ordered, That Mr. Wootton 
 may be defired to attend here to give thanks during 
 the Term time, when the Judges meet in Com- 
 mons. 5 * 
 
 A leafe of the Hanaper Office is confirmed to 
 Mr. Carlton, the Clerk thereof, for fixty-one years. 
 " gth November, 1657, Sir James Barry, Knt. 
 and John Byfle, Efq. do take the account of Sir 
 John Temple, as Treafurer of this houfe." " 131!! 
 November, 1657, Ordered, That fix of the oldeft. 
 
 Barritters
 
 184 HISTORY OF THE 
 
 Barrifters Clerks be admitted to fit in Commons at 
 the fame table with the Judges Clerks." On the 
 29th January, 1657 $> kS Ordered, That George 
 Carr, and John Sanchy, Efqrs. be admitted to fit at 
 (he Bench table in Commons, as aflbciates unto 
 the Judges." The preceding connexion had been 
 in ufe immediately after the revival in 1607, and 
 continued during the reigns of James and Charles. 
 Thus, a clofe imitation of the Englifh Inns of Court 
 was adopted at different periods by the Irifii Society, 
 and what muft ftrike the reader with equal ailonifhment 
 and indignation, an entire variance or independence 
 from thofe venerable eftablimments has been created 
 and cherifhed by modern hopeful innovations. Mr. 
 Carr was Clerk of the Crown during the ufurpation, 
 in the Prefidency of Munfter, and Sanchy corifolcd, 
 for an unfuccefsful felicitation of the Solicitor Gene- 
 ral's place, by being appointed a puifne Baron of 
 the Exchequer. On the reftoration lie was removed 
 from the Bench, but left in the undifturbed poiTef- 
 fion of ample landed acquifitions, which became the 
 principal eftate of his defcendant, through a female 
 heir, the late Lord Annaly. " The Judges taking 
 notice that feveral of the Judges due abfent thern- 
 felves from Commons, whereby they cannot enjoy 
 their fociety as they defire, they do therefore think 
 fit to order that each Judge frail., for time to come, 
 pay ten millings each Term for his cafl Commons 
 unto the Steward of this houfe." 
 
 The reader will pleafe to notice, that this grave 
 and frugal Society commenced like young houfe- 
 
 keepeis.
 
 KING S INNS. 
 
 keepers, with a greater number of attendants than 
 experience finds necefTary : A Treafurer, Under 
 Treafurer, and Penfioner, marked their outfet For 
 many years the two latter offices were difcontinued 
 as uf clefs The humbler fituation of Steward fup- 
 plicd their place. Had the doftrine of taxation 
 be L as well underftood as in our time, fuch fervanu 
 mi^ht be deemed fully and properly employed in the 
 collection of newfangled imports and their fubfe- 
 quent mifapplication. " Miles Corbet, Chief Ba- 
 ron, Treafurer, 2yth November, 1657." 
 
 " Thomas Wale petitions to be appointed butler 
 with a falary of ten pounds a year. There appear 
 no other appointments in the Society during the 
 ufurpation, either by deaths or removals, fave a re- 
 introduction of Randall Beckett. That forafrnuch as 
 his Highnefs hath caufed conveniences to be made 
 at the Four Courts, for xemanding the Records of 
 the Upper Bench, Common Pleas, and the Exche- 
 quer, (now in the Inns,) unto the faid Four Courts, 
 it is though-, fit, and ordered by the Bench, that the 
 Chief Officer in each Court, or fome other trufted 
 Officer appointed by him, be prefent, to fee them 
 carefully fecured." 
 
 On the fame day two remarkable applications were 
 made for leave to practice as Barrifters. Thomas 
 Robinfon ftates his ferving many years in the Pro*. 
 thonotary's Office of the Englilh Court of Com- 
 mon Pleas, being admitted of Clement's Inn, &c. 
 John Brampton to the fame effect ; That he had 
 
 been
 
 l86 HISTORY OF THE 
 
 been a Student and Praclicer of the Law of Eng- 
 land, (he muft mean in an Inn of Chancery) for qt 
 production of a certificate from one of the Four 
 Inns of Court would entitle him to admiflion. Each 
 gentleman ftates the civil wars as s.n excufe for defecl 
 of . ftrift regularity, and appeals to the want of 
 Barrifters through the kingdom. 
 
 In whatever contempt cr dcteftation the reader 
 may be inclined to view the actors in fuch guilty 
 fcenes, certain refolves fhew how difficult it is to 
 eradicate from the human brealt a reverence for vir- 
 tue, and an attachment to exifting Law. cc Mr. 
 Juftice Dongan furvived his brethren on the Irifh 
 King's Bench in 1 648." 
 
 When the republican flag was boldly unfurled, 
 and the profcription of one king followed the mur- 
 der of another, this man refigned his ftation, though 
 the Chief Jufticefhip was offered to him, (for his 
 talents and integrity were univerfally acknowledged,) 
 and the new Government wifhed to avoid the ilur 
 which the retreat of an undoubted Patriot and un- 
 tainted Judge muft occafion. Wealth and power 
 were balanced againft poverty and its attendant train. 
 The former loft their ufual attractions when in- 
 compatible with perfqnal honor. But Pongan was 
 doomed, by fines for political delinquency, to feel 
 the preflure of want. 
 
 Thus circumftanced, on the 7th of February, 
 1658, a republican Bench refolved, " That 
 
 taking
 
 KING'S INNS. 187 
 
 taking into confideration the povertye of Mr. Ju- 
 tice Dongan, the Bench are pleafed to let him con- 
 tinue his chambers in the Inns, and to excufe him 
 from paying his penfions and caft Commons." The 
 youthful reader, vvhofe generous mind is uncon- 
 trouled by habitual hypocrify, unfeduced by politi- 
 cal craft, may wifh to know Charles's treatment to 
 this man on the reftoration. Whilft Cromwellian 
 apoftates were continued or promoted, Dongan was, 
 after a year's delay, made a puifne Baron of the Ex- 
 chequer, without one acre of land to reward his Item 
 unbending virtue j yet as 
 
 " Virgil to Onto psid one honefl" line, 
 
 *' O.' let ppor Dongan's name illumine mine," 
 
 The preceding indulgence feemed to revive a refpedl 
 for iategrity and law, for the decifjon of the Bench 
 on the preceding memorials was dignified, uniform, 
 and correct, " they find that by the Statute of Ire- 
 land, that they may not admit them to practice as 
 Counfellors at Law in the Four Courts, Dublin, but 
 they judge fit, that they fhall have liberty to practice 
 in the feveral other Courts of this nation." 
 
 This difpofition correfponded with the legal fyf- 
 tem, and mewed that they merely transferred alle- 
 giance from a Stuart to a Cromwell. There are 
 fome regulations relative to Commons in the ufual 
 ordinary method, but accompanied with wh?t ought 
 tp mark legal Praclicers in this country j therefore, 
 
 the
 
 iSS HISTORY OF THE 
 
 the extract will have more weight with the reader 
 than any feeble reafoning of mine. 
 
 The Bench wifely add, " To the end the cujlomt 
 and obfervaticns here may be reduced to thofe of the Inns 
 of Court in England." A clofe attention to that im- 
 portant principle in its full extent will difpenfe per- 
 feel freedom to Iriflimen, and elevate this long de- 
 prelfed country to its propel 1 rank in fcience, arts, 
 and arms, 
 
 We mud naturally fuppofe that an year and an 
 half was occupied in repairing the ruined chambers 
 of the Judges ; the Chaplain was not therefore ac- 
 commodated until the 2cth of June, 1658, when 
 it was Ordered, " That Mr. Henry Wootton be Rip- 
 plied with a Chamber in the buildings of Mr. George 
 Carlton, and that the faid Mr. Carlton be allowed 
 fourteen pounds per annum, to be paid him by the 
 Treafurer of thisSocietyforthefaid Chambers, during 
 fuch time as the faid Mr. Wootton holdeth the fame." 
 "As we find the Deputy, Henry Cromwell, entered 
 a Member of the Inns, his office naturally entitles 
 him to precedence. Ten pounds is allowed Chief 
 Baron Corbett to buy plate for the houfe, a further 
 irurentiye to future embezzlement or plunder, 
 
 William Bafil was Attorney General previous to 
 Cromwell's ufurpation, continued during the Pro- 
 tectorate, and fucceeded Pepys as Chief Juflice. 
 His entry on the King's Inns Roll is Attorney Ge- 
 iic-ral to the State. It can fcarce be called a blemifh 
 
 to
 
 KING'S n-:.\'s. 1^9 
 
 tb transfer allegiance from fuch a government to 
 Oliver Cromwell. His fervices and fituation ena- 
 bled him to acquire large property, a confiderabls 
 part of which was reclaimed by the legal owners at 
 the reftoration. Thus, the village of Donnycarney 
 reverted to the Corporation of Dublin, and which 
 Bafil obtained as a bribe, on the fettlement in 1653. 
 He even refided on that part of the ground fmce 
 rendered dear and interefting to Irimmen, as the 
 rural retreat of the immortal Cbarlcmont, " That man 
 to whom the appellation of patriot may be more 
 properly applied than any perfon whom this country 
 ever produced." Steele was Lord Chancellor of Ire- 
 land ; he had been Recorder of London, Chief 
 "Baron in England, and was appointed Counfel at 
 the trial of the unfortunate Charles. Some of his 
 fpeeches prove him a Lawyer of competent . ability, 
 \vhilil his perfonal character was that of a proud, 
 crafty, infmcere man. He was raifed by Cromwell 
 (if it be not a contradiction in terms) to the rank o 
 a republican Lord. The , confifcated eftates had 
 been completely difpofed of before this man came 
 to Ireland, and Chancery had fcarce any bufmefs 
 but what flows from the Common Law fide, fo that 
 Steele could not enrich himfelf even by the property 
 of luitors through the medium of furroiinding fa- 
 tellites ; his ambition and avarice were therefore 
 bounded by State confidence and ialary. This gave 
 him a timely view of the reiteration, and he fecurcd 
 his perfonai fafety by betraying the fecrets of Henry 
 Crcinwrll to Clarendon and Ormond. Pepys was 
 Chief jufiice of the Upper Bench, to which fima- 
 
 tion
 
 190 HISTORY CF TH 
 
 tion he had been removed from the ftation of puifne 
 Judge in England. Obicurity is merit in a period 
 teeming with every vice which can flow from irre- 
 ligion or hypocrify. We do not hear of Pepys as A 
 judicial blood-hound, foliciting the properties of 
 convicted criminals; let us therefore prefume hint 
 reafonably innocent, and transfer forrie refpeft to 
 the father of Pepys, Secretary to the Admiralty. 
 Sir Gerard Lowther$ Chief Juftice of the Common 
 Pleas, died in April, 1 660 ; he acquired a large 
 landed property by fteering with unprincipled craft 
 through the boifterous ocean of cotemporary trou- 
 bles, and dying without iffue, left it to relations or 
 friends. A portion of the King's Inns was added 
 to the plunder. Ke was fucceeded by Cooke, the 
 Solicitor for the Commons on the trial of Charles. 
 Cooke's firft Irifh deflination was that of a Provin- 
 cial Juftice, then puifne Judge, from which office 
 he was raifed to the rank of a Chief Juftrce, on the 
 eve of the reftoration. 
 
 Chancellor Steele made his peace with the nctf 
 Government by betraying his wretched colleague, 
 who had offended beyond the poflibility of forgive- 
 nefs by the ftrength and fincerity of his 2ele agamfl 
 the Royal caufe ; he was therefore fele&ed as an ob- 
 ject meriting capital punimment. The theatre of his 
 early treafons was reviewed by him for this melan- 
 choly purpofe : accident alfo gave a companion at 
 tri?.l and execution fit to fecond hi enthufrafm 
 fuch perfon was the famous Hugfr Peters, whom' 
 Cooke thus difintereftedly defcribes in a: pamphlet 
 
 publifherf
 
 KING'S INNS. 
 
 published about the year %6$6 : eg A man of pure 
 evangelical fpirit, who goeth about doing good, and 
 may be deemed a looking glals for others." &ui op- 
 time merlins eft dr. regfto. i hefe fellow-fufferers did not 
 forget the good things of this life in purfuit of reli- 
 gious or political vifions. St> early as the 20th of 
 November, 1646, a confiderable eftate in the parifh 
 of Church Honnyburn, and County of Worcefter,* 
 was granted by ordinance of Parliament to Hugh 
 Peters, Minifter of God's Word, and his heirs. 
 Cooke was probably animated by the fuccefs of Pe- 
 ters to fimilar practices. It remained, however, for 
 this diftracled country to afford him a landed fet- 
 tlement j hither he came, under the patronage of 
 Ireton, and as that ftaunch republican condefcended 
 to become Lord Prefident of Munfler, Cooke 
 deigned to be a Provincial juftice in that Court. 
 Though confifcated lands were to be fold for public 
 debts, or given to debentures, and the faith of Par- 
 liament pledged thereto, regicidal merit fuperfeded 
 the rules of public law, and private honefty. An 
 houfe in Waterford, and two plowlands and an half 
 within the liberties of that city, formed part of his 
 reward ; nor did he limit his ambition to the banks 
 6f the Suir, the harbour of Cork feemecl better 
 fuited to his expanded genius ; I therefore find, that 
 the three pbwlands of Barnehely (the beautiful re- 
 treat of my friend ard cotempofary, ( ounfellor 
 Thomas Warren) were added to the traitor's fpoil, 
 It will be in my power on a vifit, to unite focial plea- 
 fure with reflexion on the mi "erabie ftate of fociety, 
 Tvhen a fenfelefs rabble enabled crafty aflbciates to 
 
 trample
 
 tgz HISTORY OF THE 
 
 trample upon Religion and Law, and abufe the name 
 of God to_fuch deftructive purpofes. As the fpirit 
 of Chriflianity combines with the genius of Free- 
 dom in reprobating any meafure but mild and un- 
 forgiving juftice againft the greateft criminal, I 
 muft condemn in unqualified terms the taunts and 
 farcafms which Cooke's Judges practiced againft 
 their former colleague and ailbciate. Such an ex- 
 hibition may fuit, and yet difgrace the executioner* 
 Even the latter has been branded for that bafenefs 
 by a learned Law Lord in our day ; I am therefore 
 warranted to mark with animadverfion, a conduct 
 ufelefs to exifting Government, and highly difgrace- 
 ful to judicial character. 
 
 The reader will not conceive it improper to re- 
 view this traitorous Judge as an author. During the 
 preceding troubles ancient Law and efiabhfhed 
 Religion gave great difgufl to arrogant innovators. 
 It required fome delay and difficulty to attain a per- 
 fect knowledge of either, though little learning, and 
 lefs judgment, was fufficient to exaggerate the promi- 
 nent abufes or prefumed imperfections of thefe fo- 
 cial fyftems. A (hallow and vulgar appeal of this 
 fort was publifiied againft the practice and profeffion 
 of the Law. Cooke anfwered the virulent libel in 
 a tract, which for legal depth, claffic tafte, and 
 extenfive learning, would not difgrace Selden, So- 
 mers, or Hale. 
 
 Authors, however, referable other men in afium- 
 ing the tinge of cotemporary manners, and adopt 
 
 the
 
 KING'S INNS. 193 
 
 the fully with that fervour which genius infpires. 
 Such was the cafe of this unhappy man ; religious 
 enthufiafin tarnimes every page, and finally led him 
 into courfes of difloyalty and treafon, 
 
 The Chief Baron lad attracts our attention ; 
 a wretch memorable for corruption and tyranny, 
 without any perfonnl good quality or literary talent 
 to balance fuch enormous crimes. This obfcure and 
 infamous man was regularly bred to the legal pro- 
 feilion, but long difcominued its practice; His 
 broken fortune required a iituation, and the party 
 gratified that neceifity ; he therefore moved early in 
 a fubordinate military line, and rofe therein with a 
 tolerable character for courage and ikill. Crom- 
 well's piercing eye obferved by his conduct, fitua- 
 
 i, and talents, that he would become a proper 
 aflbciate to thofe outcafls of every party; with whole 
 aid and exertion he hoped to ftrengthen his pofttion 
 in a fecondary line, or even attain the full meafure 
 of a boundlefs and criminal ambition. 
 
 Ireland feemed the hereditary feat of courtly ad- 
 it urers, and lay expofed at this period to the re- 
 publican band. Miles Corbet was therefore per- 
 mitted to repofe from military toils in the important 
 .Nation of Commiffioner for civil affairs. The king- 
 dom and its inhabitants having been tried, furvcyedj 
 and reviewed through every claf?, and in its re- 
 moteil diftri&Sj the office was abolifhed, and a fet- 
 tled peace as to pad crimes or confifcated property 
 led by authority cf Government. Com- 
 O penfation
 
 194 HISTORY OF THE 
 
 perifation had not then been fan&ioned by the Legif- 
 lature, or reduced on common occafions to fyfte- 
 matic practice. Corbet's keen judgment fupplied 
 that defect, arid blends in one luminous aft the craft, 
 corruption, and unexampled preemption of thofe 
 upftart and innovating ufurpers ; he therefore mo- 
 deftly folicited and obtained the ftation of Chief Ba- 
 ron, even in oppofition to the irifh Lord Deputy 
 for in 1655, wnen the Four Courts were to be re- 
 eftablifhed, Deputy Fleetwoed fagacioufly remarks, 
 that, in his opinion, two courts of juftice, the 
 Chancery, and tipper Bench, would be fufficient, 
 and caufes formerly cognizable in the Common 
 Pleas, be tried in the latter. The legal reader muft 
 fupprefs his indignation in the furprile which this 
 extravagant propofal may fuggeft. He adds, with 
 fuitable official modefly and luft for patronage, that 
 he could offer fix, or more, fit Judges for the courts 
 of juftice. The Common Pleas- and Exchequer 
 were to be buried by the fiat of this arbitrary enthu- 
 iiaft. the lock of the Common Law, and the 
 eftablifhed key of the Treafury, (to borrow the 
 phrafe of Lord Coke) muft melt beneath the pref- 
 fure of a republican talifman, nor leave a trace be-* 
 hind. The Deputy ihewed fiimfelf a w-eak ftatef- 
 man, and his employers treated the advice with fuit- 
 able contempt. Corbet became Chief Baron, Trea- 
 furer, and plunderer of the King's Inns. He in- 
 dulged the cuftomary appetite for the Society's 
 ground, and was exercifmg fuch fchemes until the 
 moment of his neceffary retreat, 
 
 The
 
 KING'S INNS. 195 
 
 Ifhe laft legal effort of this extraordinary man 
 was to puzzle the -Judges about the do&rine of pe- 
 remptory challenges, and the regularity of the form 
 by which the attainder was brought into the Court, 
 of King's Bench. He was led to the one point by 
 the authority of fome ancient and ill-confidered 
 cafes, and on the other it may be doubtful whether 
 the Law, as it then flood, was not with him. An 
 intelligent people were, however, fully fatisfied of 
 two things that he was the perfon named in the 
 attainder, and that his crimes merited death ; which, 
 adds an eye withefs, who reported his cafe, the pri~ 
 foner met with as little concern as he mewed in the 
 Court^ or at the perpetration of the treafonable 
 deeds. The fuccefsful acquifitions of Corbet ex- 
 ceeded considerably the grants awarded to Cook. 
 The former had been a regicide Judge, whilft the 
 latter was a private Practiler in that fingular Court. 
 The rewards feeined alfo fuiied to their feveral 
 ranks. The modern town of K-lworth, and the ad- 
 jacent diftriclt of the Condon's was divided between 
 Lord Deputy Fleetwood and this Chief Baron. 
 1 ~efe political rivals had even a difpute about the 
 change of its trifh appellation, Ologbhigh. Finally, 
 the Lord Deputy triumphed, and the feat of his na- 
 tivity prevailed. Thus, a Leicefterfhire plain feems 
 transferred to an Irifli mountain, and the crimes of 
 tw-.. traitors exhibit a permanent record to the wea- 
 ned traveller and wandering highwayman. The 
 other Judges were either continued and promoted 
 by Charles, or permitted to enjoy the fruits of trea* 
 fon in private life. Cromwell's adminiitration fup- 
 O 2 prefied
 
 196 
 
 preffed the rank of Serjeant in Ireland. King's Ser- 
 icant bore too emphatical a reference to an abdicated 
 title, for innovators or regicides to uphold it as a part 
 of the legal fyftem j no fuch Officer appears during 
 the ufurpation, though engrafted on the Irifli Confti- 
 tution from our earlieft records. Surely modern 
 Lawyers and an enlightened nation can fee no rea- 
 fon why that fupreme rank in the Common Law- 
 collegiate degrees, mould be funk or fullied in this 
 kingdom. It may correfpond with the blackened 
 adminiflration of a regicide, but not with the go- 
 vernment of a patriot king, whofe pride and prac- 
 tice it has been to preferve, extend, and improve 
 the full iimilitude of Englifh Law in his ancient and 
 loyal kingdom of Ireland. The Attorney General- 
 Jhip was vacant, and an amnefly granted to Shep- 
 cott the Solicitor General. Having thus difpofed of 
 the principal figures in Cromwell's legal drama, I 
 may be allowed to difmifs the lefler fatellites under 
 the clafs of mutes or mefifengers. 
 
 As mankind are familiar ifed to an asra of ufurpa- 
 tion by the tranfadions of a neighbouring kingdom, 
 and the continental convulfions of Europe, it can 
 never be ill-timed, and feldom unufeful, to re- 
 view the ftruggles which fucceeded the murder of an 
 Englifh King ; the reader mufl therefore indulge 
 me with a few profeffional remarks upon the inno- 
 vations which fubverted Englifh Law in both iflands. 
 Whilft general hiflorians exercife eloquence or art 
 in explaining the principles of Government, and 
 party writers indulge perfonal enthufiafm in afcrib- 
 
 ing
 
 KING'S INNS. 197 
 
 anarchy or defpotifm, as befl fuit interefled 
 views, or temporary popularity, be it the fairer duty 
 of a legal compiler to limit argument by faft, and 
 prefume the happinefs of mankind to flow from a 
 mild fpirit of legiflation. The horrors of civil war 
 .will thus bear an afpeft of double mifchief, dealing- 
 out mifery of every kind in the immediate move- 
 ment, and difperling, with unerrhig certainty, fet- 
 tled tyranny to the rifmg generation. 
 
 Without wafting time about the comparative me- 
 rits of parties, let us mark the refult : Two branches 
 of the Conftitution were completely cut off; the 
 one exifting in an impoverimed exile, the other ftill 
 more degraded by an enflaved refidence within its 
 native land. Did this depreflion of fuperior clafies 
 elevate the people to a fcale of fettled and well-ba- 
 lanced freedom ? Nothing lefs ; human events com- 
 bined with the will of Providence to bereave them 
 of their ancient legal privileges, without any power, 
 to fubftitute a new arrangement in their place. 
 
 The triennial law was confidered as a dead letter, 
 for no new election presented itfelf, either upon the 
 old fyftem, or according to any theory (however de- 
 lufive) of reprefentative reform. In this manner 
 was the Legiflature upheld in defpite of a new made 
 remedial law, whilft a foreign war, aided by general 
 domeftic difcontent, furnimcd a plaufible pretext for 
 the continuance of a powerful army, whofe members 
 confidered themfelves the real Spartans of an helo- 
 tic government. Were the ancient laws permitted 
 
 to
 
 198 HISTORY OF THE 
 
 to fhed their falutary influence over a people thus 
 deprived of political freedom ? Where the fences 
 of criminal law are broken down, property lofes 
 half its value, and the heartilrings of induftry are 
 tent afunder. In former periods, when fuccefsful 
 ufurpation difgraced the monarchy, or peerage, the 
 fword of war became quickly a peaceful inftrument, 
 and Common Law trials fuperfeded the martial 
 fyftem. 
 
 The peculiar aggravation of republican power 
 confifted in an abrogation of Trial by Jury, by which 
 the national integrity was calumniated, and an hap- 
 lefs Briton or Irimman immediately and entirely con- 
 figned to tools or minions, of executive magiflracy 
 for exile, torture, or death. As life was thus ren- 
 dered infecure, pecuniary punifhments fcarce deferve 
 consideration j yet how entirely did they vary from 
 the well-tempered Englifh code ! Criminal Courts 
 of Equity were created and eftablifhed in different 
 diftrifts, without any reference to exifling or ancient 
 law : the prefiding CommhTioners exerciied a civil 
 inquiiition, and by fecret or unfworn evidence, fa- 
 lisfied their confciences in awarding fines for active 
 political delinquency, or a neglect of proper party 
 ^ele. Under fuch a fentence the entire property was 
 fequeftered, and fubjecl to added expence of novel 
 and extraordinary legal cofts, 
 
 Did the impoverished proprietor feel any relief 
 from the exercife of Chriflianity ? That confoling 
 refuge became an additional malady, and if, as an 
 
 ancient
 
 KING'S INNS. 199 
 
 Ancient father conceived, malady be the true Hate 
 of a Chriftian, government confirmed this ortho- 
 doxy by aggravated oppreflion. The eftablifhed 
 Church was profcribed, aijd its votaries or priefts 
 felt perfecution, whilft felfifhnefs or vanity enabled 
 republican enthufiafts to mould fcripture to the mod 
 fmgular purpofes, and join to the ftren^th of hu- 
 man authority, the vifionary influence of evangelic 
 infpiration. Such was the ftate of England in ref- 
 pecl to Religion and Law ; the reader will proba- 
 bly believe morality not exalted by the depreffion of 
 legal freedom, but that the genuine fpirit of both 
 evaporated under felfrfk innovation. 
 
 Scotland and Ireland may well excufe a partici- 
 pation in the preceding pofition, and feel no humi- 
 liation from jiot joining the republican band. But 
 they' had crimes of a deep dye to atone for adhe- 
 rence to their King, and after his murder, to the 
 heir of monarchy, diftinguifhed a mod refpeclable 
 portion of each. That loyal body underwent the 
 horrors and confequences of unfuccefsful war. The 
 triumph of envenomed foes was embittered by a re- 
 flexion that internal treachery completed that fad 
 difafter. An extenfive attainder and military diC- 
 cretion ruined, or afflicted Scots Preibyterians, who 
 felt that political zele, and not religious enthufiafm, 
 extended to a neighbouring kingdom their famous 
 Covenant. 
 
 i 
 
 Amid this melancholy gloom I fee no refemblance 
 0f general or particular franchifes, fave in the eman- 
 cipation
 
 200 HISTORY OF THE 
 
 cipadonof dependant clans from the power of t! 
 chief. But if motives difpenfe the true merit of 
 a&s, little applaufe can remit therefrom. It was a 
 fignal for military and family difunion, and not a 
 regular call to equal laws, or general freedom. In. 
 that refpect, and under fuch a government, Scotland 
 was a blank among furrounding nations. 
 
 The full meafure of human calamity uas meted to 
 Irifhmen, and extended, though in a different de- 
 gree, to all claffes. A complete exemption could only 
 arife from trealbn to regular ellablimed Law, and by a 
 violation of every engagement which bound patriots 
 to their King or Country. As if the furrouncling 
 fcenery was not fufficiently afBidive to humane and 
 confcientious Proteflants, fuch character not only 
 covered men with temporary difgrace, but became a 
 fettled fource of diftrefs and poverty. No amnefly 
 was promifed or publifhed to prridtifed loyalty or 
 active courage, but upon paympnt of two years in- 
 come, and a third part of the entire perfonal pro- 
 perty. Let us look into the annals of arbitrary 
 taxation or Turkifh tyranny, and the preceding le- 
 giflative aft is without a parallel. In a country 
 breathing from the fcourge of eleven years invete- 
 rate war, and. utterly defutute of any fpecies of 
 wealth, fave the produce of the foil, the haplefs 
 proprietor was to feel his income meaiured, not by 
 the exifling value, bur what it might produce pre- 
 vious to the year 1 640, a period pf internal peace 
 and national profpcrity. \virb equal juflice the 
 South Sea Stockholder, in 1720, could be called
 
 KING S INN$: 2OJ 
 
 upon to pay ia proportion to its marketable cur- 
 rency previous to the well known fall. Such an im- 
 pofition rendered impoverii'hed landholders dependant 
 flaves to Government, or enforced an immediate fale 
 of eftates. 
 
 I do not dwell on the meafure dealt out to Papifts 
 for imputed crimes, or religious principles. The 
 reader can, without legal refearch, make a compa- 
 rative eftimate by the zele with which bad men fyfle- 
 matifeperfecution, when it is productive of property or 
 plunder ; befides, my objecl: is to illuflrate the pro- 
 tection which a fanatical crew gave to h on eft and 
 honorable followers of the reformed religion. As 
 republican ideas firft flowed from the Proteftant 
 quarter, the difcuflion may lead to a lading caution 
 againft fimilar innovation. If fo fangumary and 
 corrupt a government became fettled or permanent, 
 a patriot would be almofl excufed for thinking with 
 the Stoic, that human mifery admitted of no reme- 
 dy but poifon, no relief but death. The political 
 monfter, however, fuddenly funk tinder the coura- 
 geous afcendancy of a praclifed pupil, the beft and 
 braved action of whofe life was that manly exer- 
 tion. 
 
 It exceeded even the impudence of Cromwell's 
 .craft, to refufe a new iegiflative Aflembly. Let us 
 review the principles upon which it was eftabiifhed ; 
 The right of franchife was wrefted from legal pro- 
 prietors, and confined to political zealot* or merce- 
 nary partiiaiiSo Military interrerence became an elec- 
 tioneering
 
 HISTORY OF THE 
 
 tioneering order of the day ; and we have evidence, 
 that where corruption could not influence, terror 
 was directed, or direct force exercifed. Under fuch 
 practices elections were held ; the returns appear 
 fubject to a controul, equally novel and illegal a 
 Commiflion authorifed the executive power to en- 
 quire into the perfonal qualifications previous to ad- 
 miffion. By this ordeal, the temple of legiflation. 
 could not be approached under the molt unanimous 
 expreffion of popular will. 
 
 The independence of monarchy was aflailed by 
 unwife or difhoneft innovators in the long Parlia- 
 ment ; but reprefentative freedom was thus render- 
 ed fubfervient to executive authority. The out- 
 works of tyranny were alfo ftrengthened by another 
 ufurpation, variant from ancient eftabiifhed law, and 
 utterly fubverfive of democratic rights. Electors 
 became fubject for abufe or improper claim of iuch 
 right to a fpecific penalty -recoverable, by whom 
 the Government itfelf. If an informer appeared, half 
 the fum rewarded his patriot zele, however a mi- 
 nion of power may attend at the poll, and by well- 
 timed collufion fanctify improper votes ; for Parlia-j 
 ment had no internal authority to correct the mif- 
 chief, or to vacate the entire election. Where fuch 
 undifguifed fraud was fuccefsfully practifed in Eng- 
 land Scotland and Ireland were allowed no exer- 
 tion which did not contribute to the mantle of gene- 
 ral flavery j the latter Kingdom did not even enjoy 
 a femblance of representation adequate to its afleff-
 
 KING'S INN?. 
 
 ments. To crown the fyftem with fuperadded ridi- 
 cule, uniformity was not even upheld during the fhort 
 period of the Protectorate' Parliaments were ele&ed 
 pnder contradictory conftitutions. 
 
 Meantime that Executive was completely abfo- 
 lute, and in iis public meafures equally abfolved 
 from ancient law, or modern improvements if a 
 prime was imputed to the fubject, law books were 
 confulted to afcerlain his guilt ; but that venerable 
 depofitary became infufficient to protect innocence. 
 Property alib feemed deftitute of its ufual aid no 
 hereditary judicial v body blended its own fecurity with 
 fellow-fubjecls on ai> uniform perr^anent plan. Thus, 
 whilft judges faded or bloomed under the breath of 
 an ufurper, a fingle corrupt or inadequate court may 
 commit an injury of the mod alarming or extenfive 
 nature, without the poffibility of review or reverfal. 
 This defect became fo glaring as to meet univerfal 
 reprobation. Patient flaves united, with furious fa- 
 natics, in a claim for redrefs the relief was per- 
 feftly inadequate, but gave added itrength to ufur* 
 pation. 
 
 A fpecies of mongrel peerage was created, defti- 
 tute of its nobleft chara&eriftic hereditary feeurity. 
 By this means each member became bound to conti- 
 nue the vafTal of Adminiflration, from a wifh of 
 continuing the fuccellion in his family a more in- 
 cumbent fear alfo opprefied him ; he was not releaf- 
 ed from the double terror of a trial by commoners, 
 un4er a new-fa.ngled Court of Juitice. In this 
 
 manner
 
 204 
 
 manner the people, equally by their ferviiity or dif r 
 content, were paving the way to a limited mo* 
 uarchy. 
 
 Cromwell differed, by a double Singularity, from 
 the Sovereigns of his time his affumed power was 
 not only bottomed upon ufurpation, but progreilive 
 opprefjion rather led to an hereditary fettlemem% 
 than to his dethronement or death. I will not infult 
 the reader's judgment by afking, could legal liberty 
 flow from fuch a fyftem ; nor folicit excufe for 
 affirming, that if national manners, or Chriflian 
 principles., had not formed a ftrong counterpoife to 
 its complete operation, a Turkifli government 
 would gradually, but inevitably, emerge from that 
 rank foil. 
 
 Even during Cromwell's ufurpation, every veftige 
 of Englifh liberty feemed removed. The Habeas 
 Corpus melted under arbitrary imprifonment 
 Judges were releafed from the drudgery of delay or 
 deceit, by a refufal, on the part of executive magif- 
 trates, to obey the writ. The nation was cantoned 
 into military diftricb, and civil authority rendered 
 Subordinate ; crimes were not merely punifhed, but 
 fufpicion warranted enquiry, and court hatred in- 
 fured conviction. The Government did not fupport 
 itfelf by open vigilance, or concealed information, 
 but recruited exhaufted finance by partial plunder 
 and difpenfed, by this melancholy example, a 
 !ar appetite through all its partifans. 
 
 If
 
 KING'S INNS. 20"5 
 
 If an added gloom could pervade fociety, or di- 
 vide the members by encreafed and inveterate hatred, 
 religion prefented, in monflrous and impaffioned. 
 abufes, ample ingredients the reprobated vices of ex- 
 ploded fyitems were rigoroully adhered to ; and, as 
 preceding perfections flowed from felf-intereft, va- 
 nity was now fuperadded. Each einthufiaft united the 
 privilege of explaining Scripture with an ardour to 
 circulate and enforce the favourite novelty. Govern- 
 ment profited by the epidemic madnefs, and exer- 
 tions which could not be warranted by human au- 
 thority, were confecrated as fpringing from divine 
 infpiration. 
 
 Even the law muft recede from old foundations* 
 and its principles be new moulded to fuftain felfifti 
 innovators, or humour a brainlefs populace. How- 
 ever, that fyftem was infeparably interwoven with 
 ancient limited monarchy^ independent hereditary 
 nobility, and well balanced national freedom ; each 
 crude attempt was therefore rebutted by its majeftic 
 principleSj whilft cruel and unrelenting tyranny 
 proclaimed laws lafting triumph in the awful exhi- 
 bition, that property, liberty and life, are only iecure 
 and valuable, as the legal Conftitution is underftood, 
 attended to, and revered. 
 
 Such criminal and convulfive events afford induc- 
 tion, equally (Inking to the loyal and difaffecled.* 
 
 The 
 
 * Immediately after the Thoims-ftreet infurreftion, in 1S03, 
 Unknown to Government, and uninfluenced by its patronage, I 
 
 addrcfled
 
 1O6 HISTORY OF THE 
 
 The preceding ftatement fully proves that Monarchy 
 is not more congenial with our law, than with the 
 eflablifhed habits of the people. Influenced and 
 emboldened by this fentiment, Cromwell revived itg 
 abolifhed authority ; but that found ftatefman was 
 prevented, by the vices neceflary to fupport ufurped 
 power, from completely refembling an Englim King ; 
 which embarraflment equally operated againft the 
 free exercife of his wifdom, and the natural indul- 
 gence of family feelings, or perfonal ambition. 
 That fmgular fituaticn gave a new edge to Killing no 
 Murder ; it flrengthened fufpicion, and encouraged 
 cruelty. Such feelings confounded bravery, and 
 clouded with difcontent his private life. Thus the 
 alternate feeblenefs and tyranny of Cromwell's go- 
 vernment led, with an equally unerring effect, to? 
 the reftoration of Charles. It is nof my intention 
 to brand that monarch with unbecoming feverity, or 
 exalt him with a partial and devoted zele. 
 
 Yet the Government of this country entitles him 
 to confiderable applaufe. The preceding century,? 
 almoft without intermiffion, exhibited Irifhmen of 
 
 every 
 
 addrefled (under the fignature of Molyneujc} four Letters to the? 
 people of Ireland . The laft was a criticifm on the Republican Mani- 
 fe/fo, and publifhed in the Dublin Journal on the 13th of September. 
 .1 only mention this circumitance, to prevent any limilitude to that 
 Letter from being confidered ai Plagiarifm.\ promifed one on 
 the Legal Conftitution of Ireland- it is unpubliflied, though' 
 
 finifhed ; and may probably, with others, fee the light on my 
 death.
 
 KING'S INNS. 207 
 
 every defcent and religion in a fhte of civil war. 
 Pagan perfecution did not engender more cruelty 
 than Chriftian feftarifts; and kindred or country- 
 men praclifed againfl each other$ whilft the landed 
 property was (hook in every quarter. Charles felt 
 for fuch calamities, and as the natives of this king- 
 dom did not wound his feelings by a difplay of rights 
 or grievances, he became affe&ionate to them. His 
 published correfpondence and communication with 
 Minifters, does equal honor to his head and heart. 
 It has, I confefs, foftened my diflike of his conceal- 
 ed hoPtility to our civil and religious creed. 
 
 Unaffected affability of manners gave this Monarch 
 a powerful afcendancy over the higher, and a fettled 
 popularity with the lower claffes of his fubjefts. His 
 opinion of the purity, perfection, and permanence 
 of Law, widely differed from his prejudices on the 
 fubjeft of political freedom. His judgment on the 
 former was juft, folid and profound . on the latter, 
 narrow, fuperlicial and felfifh. Our prefent review 
 iSj however, confined to the legal management of 
 Ireland. 
 
 When the preceding victims were felefted, policy 
 coinbi-ned wirh humanity in leaving matters nearly 
 on the old looting. Charles knew by experience, 
 how arduous a tafk it is to overturn an eftablifned" 
 Government, and wilh what e'afe legal praclicers 
 eonform to a fyfleni fanclified by time and precedent, 
 
 in
 
 2O8 HISTORY OF THE 
 
 in preference to plaufible innovation, or the crude 
 fuggeuions of interefted ufurpers. Mountrath, Or- 
 rery, and Sir Maurice Euftace, were at the outfet 
 Lords Juftices, and Ormond finally appointed Lord 
 Lieutenant. Difcordant parties at that time difap- 
 proved of an Adminift radon, bottomed on the bafis 
 of a general union. Time confecrates its wifdom, as 
 bell calculated to heal preceding divifions, or to call 
 for the undivided energies of a free people, 
 
 The perfonal temper of Charles confirmed the 
 adopted fyftem ; he is not to be ranked among thofe 
 weak princes, who furrender their perfons and power 
 to fecond the views, and fupport the felfifhnefs of 
 Minifters. His private regards feldom interfered in 
 the choice of fervants the name of a favourite, 
 does not,- therefore, difgrace his reign. The legal 
 fervants of the Crown in England did honor to his 
 difcernment, and reflect lafting credit on the great 
 Earl of Clarendon. Bridgman, Hale, Palmer^ and 
 Finch, were men calculated to difpenfe Englifh law 
 with untainted integrity and enlightened fkill ; nor 
 was the interefl of Ireland unattended to in a fimilar 
 arrangement. 
 
 Sir Maurice Euftace, a man of refpeftable family, 
 tinblemimed reputation, and extenfive connexions, 
 was appointed Chancellor. Sir James Barry, a Ba- 
 ron of the Exchequer, an experienced Judge and 
 able flatefman, was appointed Chief Juftice of the 
 King's Bench, and created a Peer by the title of 
 
 Lord
 
 KIKG'S INK;. 209 
 
 Lord Santry. Sir John Temple the Cromwellian, 
 IVlafler of the Rolls, was continued in faid office. 
 
 Notwithftanding my partiality to the father of the 
 cb.flic and accomplifhed Sir William Temple, I muft 
 brand this man with active and felnfh difloyalty : his 
 connexion with Dr. Hammond gave him an eafy ac- 
 cefs to Charles I. who honored him with confiden- 
 tial intercourfe. The battle of Nafeby cured . Sir 
 John of an obfequious but interefted attachment j 
 and when the Cabinet of that unhappy Prince was 
 publifhed with malignant comments in the fame 
 year, and with a purpofe equally cruel and deftruc- 
 tive, Temple's ttiftory of. the Irifh Rebellion reach- 
 ed the light. This completed the ruin of the Royal 
 Martyr, and enabled a republican party to avow its 
 exiftence as rfeceffary for national vengeance and 
 freedom. Where a man forgets his bounden allegi- 
 ance, fubordihate political members muft prepare for 
 treachery at the call of private interefl or fafety. I 
 therefore willingly believe that Temple rendered ef- 
 fential aid to the Reftoration, and merited amnefty, 
 but not confidence, 
 
 Charles feemed to be of my opinion, as to the 
 object and effect of the preceding book ; for hear- 
 ing that a new addition was to come out in his reign, 
 lie wimed to prevent it, by letter to the Viceroy, 
 from a full conviction that a revival of the calum- 
 nies directed againfl his unfortunate father muit ere- 
 a firriiiar fnfpicion againfl himfelf. King's Inns 
 P property
 
 2:0 HISTORY OF THE 
 
 property feemed always a fair profdHonal purfuit, 
 Sir John, and his foil the Solicitor General, for 
 two generations enjoyed the fuccefsful traffic. Juf- 
 tice Donnellan was created Chief Juftke of the 
 Common Pleas. Byfle, Recorder of Dublin, ap- 
 pointed Chief Baron a man ufeful to every party 
 which employed him, and by no means fcrupulous 
 in the exertion. He obtained in the late troubles a 
 part of Prcjlon's Inn, near Cork-Hill., whereon he 
 built a refidence, known by the name of the Chief 
 Baron* s Houfe^ until fubfequent city improvements 
 caufed its demolitions 
 
 The law fervants of the Crown were all Iriftimen, 
 as were a majority of the preceding judicial charac- 
 ters. Englishmen of the firft clafs did not look for 
 fuch fituations, and Miniilers adhered too ftrongly 
 to the intereft of their mafter to comply with the fo- 
 licitations of inferior perfons. An early and ap- 
 plauded aft of the new Government was to reftore 
 the Firfl and Second Serjeant to their accuftomed 
 rank. The ancient fymmetry of the Irifh Condi. 
 tution required this correction of republican inno- 
 vation, and the name of Prime, or King's Serjeant, 
 was endeared to royalifls by its appearing infepara- 
 bly interwoven with the exiilence of Monarchy. 
 Sir Andky Mervin, ihs new Speaker, was appointed 
 to that flation : his tried talents in a civil and mili- 
 tary line entituled him to fuch a place, an office al- 
 ready filled by three Speakers, and which had been 
 held (until the ufurpation) by Sir Maurice Euftace, 
 the new Lord Chancellor. Since that period, if a 
 
 few
 
 KING'S INNS. ail 
 
 few weak or worthlefs men have been Prime Ser- 
 jeants, Be it remembered, that the legal talents of 
 a Bernard, and Singleton, the eloquent powers of 
 an Hutciiinfon, and a Burgh, were difplayed in that 
 official fituation, and the full union of both perfec- 
 tions in th} pfirfon,' O all accompIHhed Malone ! 
 A man who would be entituled to a complete com- 
 petition vvith Cicero, if he united philofophic refearch^ 
 or lettered co'iipcfltion. to profc/lional exertions and /- 
 
 / */ J J fct* / 
 
 natori'al talents. The Second Serjeant's (alary was at 
 this time alfo encreafed, and permanently fixed upon 
 the eftablifhment. A peaceful union did not long 
 mark the King's Inns, which arofe from a trifling 
 incident, but was attended with fmgular events. 
 
 Among the Judges were Sir Jerome Alexander? 
 Second Juftice of the Common Pleas, and Sir Wil- 
 liam Afton, Second Juftice of the King's Bench : 
 the ft niggle was about precedence. The i^.ig's 
 letter for the latter bears an earlier dali. thai! 
 that for Sir Jerome. Patents pafs on the fame day, 
 and both are fworn together. Sir Jerome Alexan- 
 der was a'ncient in the Englifh Inns of Court, and 
 publifhed the cafe in a guarded, polite, and learned 
 manner, with his name annexed tru-rcio- To this 
 an anonymous and acrimonious anfwer was given. 
 It was imputed to Sir William, as his fide of the 
 queftion was not only vindicated, butfomt pr^unied 
 converiaiion between thefe legal knights intv 
 and animadverted upon. The well known Patrick 
 Darcy was fcnt to demand an explanation, and a 
 'ar challenge focceeded, on Sir William's refufal to 
 P i make
 
 212 HISTORY OF THE 
 
 make the flighted conceffion, or even to explain the 
 fuft. Though A (Ion figured as a Colonel during the 
 late uftirpation, he declined the combat, and even ap- 
 plied for an information agamft Darcyv 
 
 This application was refufed by his brethren, as 
 Sir William did not deny in his affidavit, that he 
 wrote the libe?, or \vas privy to the publication. 
 Thus, the breach was drawn wider, and this infa- 
 mous Judge brought Darcy upon his moulders. 
 Official robes operated like a confe crated cover to 
 ihicld the wretch from an horfewhip, but he T .vas 
 difabled from vifiting his native country until Dar- 
 cy's death, by the terror of fuch infiielion. This 
 iingular event operated like a patent of indem- 
 nity for duels 3 and covered attempts to puniih fuch 
 provocations ?'n younger' perfons with ridicule,. 
 Charles, notwith (landing his contempt for the cow- 
 ardly libeller, refolved to remove them botlv and 
 was with difficulty prevailed upon tS withhold fuch 
 juft refenfment. With refpe^l to- the character of 
 thefe remarkable men, Afton will appear in this Hif- 
 tory a profligate rogue, and deceitful Treafurer ; 
 and Alexander w?.s undoubtedly a man of ftrong 
 paffion, but great integrity, and known public fpi- 
 rit. He even left his library,, ?.mong other boun- 
 ties, to Trinity College, being probably too wife to 
 fruft fuch a bequeft to King's Inns aflbciates, or ju- 
 dicial brethren. 
 
 The foregoing trial by battle, the reader may 
 , fettled the law and practice of precedence 
 
 among
 
 KING'S INKS. 2tj 
 
 Judges for fucceeding generations ; when lo! 
 an equally fingular difpute arofe in James's reign 
 between two fimilar perfpns, in which the claimant 
 neither (hewed perfonal fpirit, nor legal judgment. 
 He was appointed a Judge of the King's Bench in, 
 the room of its fenior puifne^ and demanded prece- 
 dence a$ fuch, without allowing the exifting Judge 
 to advance thereto. Had the v/retch not .been as 
 deficient in profeflional learning,, as in gentlemanly 
 manners, the point was explained in Law Report- 
 ers, and mud be obvious to every man of common 
 fenfe. The conteft was managed with correfpon- 
 dent decorum they tore each other's robes in, 
 mounting the Bench, and -ieconded the affault with 
 ianguage as brifk, adds my Author, as could hap- 
 pen among women. 
 
 A Parliament was fummoned, and having conti- 
 nued for fome few years, fuch an aflembly was not 
 convened during the remainder of his reign : it trai- 
 toroufly fettled hereditary revenues -upon the Crown, 
 and thereby feakd its own extinclion ; even in aa 
 act of revenue, which the Crown had a juft right 
 to expecl: in perpetuity, it being a compenfation for 
 the hereditary feudalifm of wards and liveries j a 
 grofs fraud was committed againft the peafantry of 
 the land. To them no privilege was granted; no re- 
 demption of income conceded ; eflated men alone 
 felt the benefit, whilfl the burthen was laid on the 
 nation at large, and the labourer obliged to work 
 eight days for the privilege of an hearth, with ano- 
 her week exhaufted in ilatute or road labour. 
 
 Thus,
 
 214 HISTORY OF THE 
 
 Thus, a review of ancient Law exhibits the fuperior 
 comfort and juftice enjoyed by the cottager or arti~ 
 fan of our time. Thefe refpectable and honeft claf- 
 fes of fociety are releafed from the latter grievance, 
 and the former modified in fuch manner as nearly to 
 do away the original wrong. The nation encreafecl 
 in population and commerce^ fo as to repair in 
 twenty years the miichiefs of a preceding century. 
 The King's Inns Society moved on in noifelefs lan- 
 guor, merely reviving the preceding orders and pe- 
 nalties about Commons, for it was not thought de- 
 cent to adhere to any regulation under Cromwell, 
 though fome certainly merited imitation or continu- 
 ance, 
 
 In September, 1662, the following order was 
 made : " That the rooms, late the Records cf the 
 Court of Exchequer, be lett unto Sir George Lane, 
 Knt. for the ufe of the Cajtle Chamber, at fuch rent 
 as the Steward of this houfe and he mall agree up- 
 on." It may flartle fuch readers as prefer the fettled 
 fecurity of eflablifhed Law to the benevolent or po- 
 litic difpofttion of tranfitory adminiflratipns., when 
 I afiure them, without the fear of refutation, that 
 the Court Starchamber (or, as it xvas called, Cq/lls 
 Chamber in Ireland} both by Common Law and un- 
 repealed Statute authority, ftill exiils in this ifland. 
 I am not fearful of its practical revival, but legal 
 fafety mould not hang on the frail virtue or fleeting 
 exiftence of any man. Irifhmen will not bear to 
 hold their fra.nchifes by a bafe tenure, not even at 
 the will of Majefty. 
 
 Our
 
 KING'S INNS. 215 
 
 Our union enforces an affimilation of Irifh with 
 Englifh Law in all pollible points. Meaning, to lay a 
 fall comparifon before the public in a fhort time: 
 the reader fhould not be thus troubled by the reci- 
 tal, but the meafure fell in my way, and it would be 
 impiety to overlook it. The reader will even find, 
 that in 1669, Charles II. with a proper family fpirit, 
 inftrucled a new Irifh Viceroy to extend and improve 
 the practice of this Court in the following -manner : 
 We are informed, that fmall profit hath heretofore 
 come to our Exchequer by Caflle Chamber fines, 
 .though mifdefmefnors proper for punishment ir* 
 that Court are many. It was therefore earneftly re- 
 commended to refettle and uphold the honor and ju- 
 rifdiclion of that Court for the repreffing exorbitant 
 offences, wherein the learned Council were to do 
 their duty faithfully. Thus, Charles upholds my 
 opinion, that k was not legally diffolved. Even in 
 1692, heads of a bill were introduced to abrogate in 
 Ireland the Caftle, or Starchamber, whereby the 
 reader can perceive that a Chief Governor who 
 would introduce its practice, could not be convicted 
 of doing an illegal att, though proper principles of 
 policy or humanity may revolt at the revival. On 
 fuch foundation a King's Bench Judge probably 
 bottomed his opinion, when he faid, that Caftle 
 Chamber authority and difcipline merged in the 
 King's Bench. 
 
 November 28th, 1663, the following order is 
 made : " That all Benchers, Counfellors, Officers, 
 /Lttornies, and other Members of this Society, (hall 
 
 pay
 
 2l6 HISTORY OF TH 
 
 pay their caft Commons and P'enfions according fcq 
 the former order, upon the penalties therein ex- 
 prefled." The above equal and juft refolution de- 
 ferved enforcement by expulfion from the Society, 
 which would be an ample and adequate punifhmerit. 
 An attempt to fupport fuch rule by a prevention 
 from practice, were it ever fo legal, defeated the ob- 
 ject by the extravagance of the meafure., and was 
 therefore never acted upon. 
 
 In the year 1664, a petition was preferred to the 
 Duke of Ormond by the Steward of the Society, 
 that foldiers were quartered in the King's Inns, and 
 Jie affeiTed on account of refidence there. It was 
 referred to the Lord Mayor and Sheriffs, who de- 
 nied that they gaye any fuch orders, flowever, to 
 remove all doubts upon the fubject, Government 
 made an order, That the fite of the King's Inns, 
 or in the pofiefiion. of the Judges, or any other of 
 the Society, mould be privileged from fuch impofi- 
 tion. I record the preceding circumftance from a 
 conviction, that whenever the intended chambers are 
 fmifned, the Iriih Viceroy will revive and fanctify the 
 ancient exemption. 
 
 The reader mud at lad be relieved from the lan- 
 guid dullnefs of King's Inns extracts, and the ob- 
 fervations which accompany them, by an illuftra- 
 tion of a matter which afcertains the birth of as 
 great a genius, and as unbending a patriot, as ever 
 graced this country. It alfo recognifes the account 
 given by that em.in.ent man of his family and pa- 
 rentage^
 
 Kite's INKS. 217 
 
 ^entage, fupported by an undoubted document of 
 his father. In 1665, Jonathan Swift memorials the 
 Bench for the office of Steward, or Under Treafu- 
 rer, modedly flaiing, that he wus qualified for the 
 employment by being an affiilant to Mr. Wale, who 
 lately filled that fituation. He further fet forth, 
 that his father and whole family were loyal, and 
 faithfully ferved his Majcfty, as well as Charles I. 
 by which -they were great fufferers. That gentle- 
 man was admitted an Attorney and Member of the 
 King's Inns, Hilary Tenn, i6C$, in the following 
 terms: " Jonathan Swift, Gent, was admitted into 
 the Society of this houfe, and hath paid for his ad- 
 miflion (the ufual fee) 138. 4d. on the twenty-fixth 
 of January, 1664 5." On the 251.11 of January, 
 1665 6, he was appointed Steward, or Under 
 Treafurer, and afterwards authorifed to receive from 
 the Members the Petitions and call Commons for 
 the benefit of Mrs. Wale, widow to the preceding 
 Steward. 
 
 On the 25th of April, 1667, Mr. Swift's un- 
 timely death caufed a fimilar application from his 
 airlifted widow to the Bench, that they may autho- 
 riie her brother-in-law, Mr. William Swift, to col- 
 lect the arrear due to her hufband : her requefl 
 was acceded to with becoming promptitude. Such 
 prder had a proper efrVct ; however 12!. and up- 
 wards remained upon fettlement due from her huf- 
 band to the Society, and icol. from the Members 
 of that Society to Mr. Swift, of which 76!. and up- 
 wards, was due by the perfons who dined at the 
 
 Bench
 
 !5l8 HISTORY OF THE 
 
 Bench table. The legal reader will blufli to hear 
 the rule of that grave, learfied, and religious body 
 it was not to advance the lool. to this unfortu- 
 nate woman, nor manfully to difcharge the acknow- 
 ledged debt of their own defaulters, but to choofe 
 out of the arrears due from the Bench table a fum 
 to balance her account of 12!. and to recommend a 
 further payment from the body at large. 
 
 The birth of our great countryman mall be now 
 afcertained beyond cavil or doubt. He was born on 
 the thirtieth of November, 1667, and in the fol- 
 lowing month of January his mother renews a com- 
 plaint of arrears to the Bench, with a pathetic re- 
 prefentation of her necefiary diftrefs. How many 
 contradictions were heretofore reconciled to make 
 him a native of Lekefter ! His mother muft be pre- 
 fumed to travel poft, and at eafe, for the purpofe of 
 appearing at the King's Inns in five weeks from her 
 lying-in. All this is to be believed in preference to 
 his own account, or the attestation of a refpeclable 
 friend. However, fancy or falfhood muft, I be- 
 lieve, yield to recorded truth, which would be fet- 
 tled beyond contradiction, if abltra&s of King's 
 ]nns accounts* had been printed during the Dean's 
 
 life, 
 
 * On the \%th of Marc^, 1797, an order -was made to print 
 the Accounts. Had not this been the cafe, I would not be able 
 t,o prefent the reader with any ftatement of fuch, nor to have 
 them completely fettled, as they are, in mypofleflion. My rea- 
 fpn for not publifhing the whole at this moment, or with the 
 third part of the Work next Winter, arifes from delicacy, as I 
 
 underftand
 
 KIVG'S TNNS. 2:9 
 
 jife, which laudable cuftom has been only adopted 
 from the year 1797. Let an integrity, fmiilar to 
 Swift's mark future' anecdotes, and the preceding 
 circumftances afcertain his birth, the profeflion of 
 his father, and hpneft, but unmerited adverfity of 
 the furvjving parent It was her aggravated mis- 
 fortune to folicit an unfeeling groupe,- whofe fable 
 records atteft a more prompt difpofition to fupport 
 frauu, and encourage tyranny, than to render juf- 
 tice, or to relieve with fenfibility the orphan and wi- 
 dow's forlorn 
 
 Meantime perfonal diftrefies multiplied, and de- 
 prived her illultrious offspring of maternal care ; for 
 we are told, in the Life of Swift, that he was nurfed 
 
 by 
 
 .understand that a fuit has been ordered, and is inftantly to be 
 inltiruted a^unit the Reprefentatives of the i .re Trealurer. Let 
 me affure the reader, that many nice and important points will 
 aiife in that inveiligation, which will make a report of it per- 
 fedly criminal and unprecedented. // / live, I pledge n:yftlf 
 to ^i\e it to the Public with an appropriate commentary, and an- 
 nex t'lereh t'e entire Accounts from 1789. Meantime let me 
 obferve, that from Trinity Term, 1803, there has been no 
 termly flatcinent of King's inns accounts printed for the life and 
 information of the Benchers, qr Society at large, a me^fure ra- 
 ther more neceffary ; for fince 1803, the office of Tre.ifurer has 
 been annual, and the bufinefs not perfonnlly managed by that 
 Officer, as in the time of Mr. C.nldlak. I prefume the order 
 foigot, .md therefore thus apprife the Society and all parties, 
 of its exOf^nce , for to fufpofe it evaded, would be reviving, 
 amid a pretended reform, and without any proper authority, a 
 more inveterate abufe than affe&ed the Society in any preceding 
 period.
 
 220 HISTORY OF THE 
 
 by a Whitehaven woman, who was not paid by his 
 impoverimed parent, but feeling the accuftomed af- 
 fection attached to her fituation, carried the infant 
 with her to England. This authentic memorial may 
 fatisfy the doubts, or remove the fcepticifin fo art- 
 fully raifed, and induftrioufly circulated, about the 
 time and place of his birth, or the fituation of the 
 family. Ireland is fatiated with the brave, honed 
 and enlightened natives who have undoubtedly 
 adorned her calendar. Swift had neither vanity nor 
 meannefs fufficient to deny his country ; his claflic 
 and accomplished friend, Dr. Sheridan, has confirm- 
 ed this fat an authority fufficient to outweigh, by 
 character and fituation, an hod of venal or interefted 
 biographers. 
 
 When &n Irifhman commences his career, it may 
 Ibe ufeful to affume the pretended accident of Englifh 
 birth. This circumftance will contribute to the me- 
 rited popularity of young Rofcius, and correct the 
 probable inconvenience of a Mile/tan furname ; but 
 when age or accident have fixed irrevocably the rank 
 of an individual, the continuance of fuch an artifice 
 is an added difgrar.e to the party, and a premeditated 
 infult to the community. Congreve practifed the 
 preceding fraud to the clofe of life neither ifland 
 ihall druggie for his birth, nor fhield an old bache- 
 lor's vanity from the fatyric pen of Voltaire. 
 
 I find alfo that the King's Inns record fanctifies 
 the account given by our ingenious countryman, Sir 
 Richard Steele, of his father. For on the nth of 
 
 June,
 
 KING S INNS. 221 
 
 June, 1667, " Richard Steele, Efquire, was admit- 
 ted of the Society, and paid an admiffion fee of 
 2.1. 133. 4d." an undoubted proof of hisftationas 
 a Barrifter. The reader will excufe me for adding, 
 that the toil of refearch has been lightened, and ren- 
 dered agreeable, by a reflexion that this Hiitory or 
 Account, explained a concealed fyftem, in which 
 the darknefs of crime, or ruggednefs or" vice, may 
 occafionally interrupt perfevering progrefs j but 
 through the gloom viftas opened, difplaying views of 
 furrounding genius, integrity, anJ covrage, fuch as en- 
 titule Ireland to an high' rank among furrounding na- 
 tions , and peculiarly adapt her to an equal \ legal, and 
 kgiflative Jiation with Great Britain. 
 
 The Benchers began to exercife a becoming cau- 
 tion as to the title and property of the Koufe, by 
 ordering Lord Santry to bring the Patent, and the 
 Chief Ear on to bring with him the filver Bowl, and 
 riher Plate appertaining to the Houfe. On the fame 
 day, being the 25th of January, 1665, Michael, 
 Archbimop of Dublin, and Chancellor of Ireland,- 
 beflowed a piece of plate on the Society, which was 
 delivered to Sir William AJlon, the Treafurer. The 
 fufpecled diflioneity of privileged perfons produced . 
 an order to the following effect, on the yth of May, 
 1666: 
 
 " It is Ordered, That the Treasurer for the time 
 being, doe call upon the former Treafurers, and fuch 
 other perfons as have the Letters Patent of this 
 Houfe, or any other writings, evidences, plate or 
 
 goods
 
 222 HISTORY OF THE 
 
 goods belonging to this Society, and dctnand and 
 receive the fame into his cuflody, and ;j'vc an account 
 thereof before the end of Commons." i 6th No- 
 vember, 1666. The preceding order was repeated, 
 and the Treafurer examined as to his compliance 
 therewith That officer declared, that he waited 
 upon Lord Saniry for the Letters Patent, and the 
 plate mid other goods of the Society to' which his 
 Lordfhip returned an evdf.ve anfwer, 
 
 On the 2 jth of April, 1667 " Ordered, That 
 Sir William Aflon, Treafurer, do apply to Lord 
 Santry, and, in the name of this, Society, demand 
 of his Lordfhip the Letters Patent and other writ- 
 ings, money i flate or other goods^ yet in his Lordmip's 
 hands belonging to this Society, and that the Trea- 
 furer receive arid keep the fame" The Treafurer was 
 ordered to report the effect of his Addrefs, which 
 Sir William did in the following terms : " The 
 Chief Juftice fays he will hiwfelf give anfiver to the 
 Bench herein." The Bench t'heti requefted that his; 
 Lordihip would give them a meeting upon Wednef- 
 day next, which mefTage the Treafurer delivered 
 but his Lord/hip came not. 
 
 On June" 16, 1669, the faid Sir William Adon 
 delivered a note of what pewter, brafs, linen and 
 other goods belonged to this honorable Society -not 
 a word of the Plate which had been delivered to this 
 worthy Judge. The Society alfb preferved a necef- 
 iary filence, fbf the preceding delinquents died fooii 
 after. 
 
 The
 
 KING'S INHS. 223 
 
 The fcite of the King's Inns feems to engraft a fm- 
 gular, and pppofite difpofition upon its inhabitants. 
 The friars inceifantly deceived mankind to enrich 
 the Society. Their legal fucceffofs conflantly plun- 
 dered the houfe of its eftate or goods to aggrandize 
 gracelefs defendants. Santry's town-houfe was 
 where Mr. Finlay's Bank has been lately held, and 
 which then belonged to the Society. This accounts 
 for a detention of the Letters Patent, 
 
 If thefe foul deeds were recofded by Sir Edward 
 Coke, his zele for the honor of our profeffion 
 would prophefy vengeance on their race, as he pro- 
 nounces this fmgular blefling upon honeft Barrifters, 
 that they feldom die inteftate, or without iflue. 
 What would be counted in that great man zele or 
 fagacity, muft be deemed in me an impudent or 
 infane effufion, Yet a" fmgular fate attended their 
 refpeclive heirs each became convifted of High" 
 Treafon ;^ the fon of Sir William in rhe year 1686, 
 and the defcendant of Santry in the year 1739. A 
 fymptom of Providence, however, may be admited 
 in the accident which led to this review, and enables' 
 m^ to give the detail with an accuracy equal to Egyp- 
 tian annals ; where the acts of Monarchs were de- 
 pofited in their grave, and only opened for infpec- 
 tion after the lapfe of a century. For co-temporary 
 King's Inns deeds, and the motives of individuals, 
 when the acting parties and their Hiflorian are laid in 
 dud, patriotifm extorts a wiih, that firmnefs and in- 
 tegrity may mark the difcuffion. 
 
 On
 
 22 I HISTORY OP THE 
 
 On the i 3th of June, 1667, " Ordered, That 
 John Wilfon, Efquire, Barrifter at Law, be and is 
 admitted of this Society, he firft taking the oath of 
 Supremacy in Chancery, and afterwards entering into 
 Commons, and conforming to the rules and orders' 
 of the Society." 
 
 The preceding rule tended to proteftantife the So- 
 ciety, but fr.il! mewed, that profeffional pofition did 
 not hang on being a Member of the King's Inns. I 
 therefore find in 1661, Mr. Cadogan, father to our 
 gallant countryman, the Earl Cadogan, a prac- 
 tifmg Barrifter, and Member of Parliament, but ne- 
 ver entered on the Rolls of this Society. In 1692, 
 and fubfequent years 3 the following Earrifters appear 
 as Members of Parliament, and Pleaders before the 
 Houfe of Lords, on Writs cf Error and Appeals, but 
 grace not the King's Inns Roll : Robert Ormjly, 'John 
 Blenncrhqffst, ytfepb Coghlan, Henry Lang ford, even 
 Mr. Thomas., (afterwards) Jujiice Ciote, was King's 
 Council, and Recorder of Dublin, but not admitted 
 in the King's Inns until his elevation to'fhe Bench. 
 His fucceffbr in the city promotion, Mr. William, (af- 
 terwafdsj Sir William Handcock, was never of it. To : 
 fwell the catalogue upon fo clear a pom*, would re- 
 femble bringing any collateral authority, befidcs Coks 
 Littleton., to prove an elded fon heir at law to his fa- 
 tbcr. Indeed fubfequent ftatutes enforced certain 
 oaths, an obfervance of which Judges were bound 
 to attend to, and Barriilers, previous to practice, ob- 
 liged to conform with. This alteration probably led 
 to the miflake as to any necefiary union of both 
 
 fituationso
 
 KINGS INNS, 
 
 filiations. Thus the interior authority of the So- 
 ciety has the fame bottom with many legal reports, 
 in which the decifion is right, though Judges may 
 miftake the true principle, or deviate jfrom it in 
 pronouncing their unbiaffed opinions. 
 
 As duty impels me to explore the ancient property 
 of our Society, and afcertain its exifling amount, 
 an Order of the 2d of June, 1676, requires, " That 
 the keys of the feats in the Church of St. Michan, 
 heretofore ufed by this Society and the fervants, 
 be delivered to the cuflody of the porter of this 
 houfe, who was to attend every Sunday and open 
 the fame." Length of time operates in this inftance 
 as a bar ; for I pvcfume, that 'continual claim has 
 not been kept up by an annual entry upon the pre- 
 mifes, nor ev.-n proof of an approach as far as ter- 
 ror would admit. Benefit may, however, arife from 
 the recital by imitation. Though the new fituaticn 
 lies within the fa"me parifh, we need not diflurb our 
 neighbours, but contribute to thtir convenience, and 
 pay that refpedt to the eftablifhcd religion, which 
 next to its immediate Mmifters, members of the le- 
 gal body, ought always practice and profefs. Pray- 
 ers may be immediately had in the Library or Din^ 
 ing-hali 1 can provide a fund for the new chaplain, 
 and the reader mud agree with me, that His Grace 
 of Dublin will fecomi the good defign with a zele 
 becoming a confcientious diocefan, and zealous pa* 
 tron of the Irifh Chuich. 
 
 Q.
 
 226 HISTORY OF THE 
 
 No particulars appear on the King's Inns Records 
 during the fubfequent part of this reign, which can 
 illuftrate the fituation of the legal body, or the gene- 
 ral hiftory of Ireland. 
 
 It appears by entries, particularly in 1674, that 
 Barrifters were not called on one day in Term, nor 
 by a previous meeting of the Judges, but on any day 
 agreeable to the individual. The right to admiffion 
 flowed from the Englifh certificate, agreeable to 
 Statute Law. Subfequent connexion fprung from 
 taking the eftablifhed oaths, and fupporting the cha- 
 rafter fuited to an honorable profeffion an obliga- 
 tion which fhould be always equally binding upon 
 members of every age or rank. This fymmetry up- 
 held the dignity of the Society, and enabled legal 
 prafHfers to diffufe juftice, peace and loyalty through 
 the kingdom. 
 
 Thus, whilft Great Britain was convulfed by rival 
 factions, whom Government with difficulty prevent- 
 ed from rifing in arms againfl each other, Ireland 
 enjoyed unexampled repofe. Not that it was defti- 
 tute of parties,' or of civil and religious principles to 
 roufe and animate their zele ; but Charles wifely 
 kept this difpofition in check, by profeffing the efta- 
 blifhed religion, and appearing to patronife its cler- 
 gy ; Proteftants were fatisfied, whrlil Roman Catho- 
 lics had a full confidence in his partiality for their 
 politics and creed. 
 
 The
 
 KING'S INNS. 227 
 
 The eyes of Europe and of mankind turned with 
 tremulous anxiety to the acceflion of James II. An 
 unexampled phenomenon was to appear on a throne 
 a Monarch differing in religion from the eftablifh- 
 ed Church, and who countenanced fuch principles 
 with the fury of a bigot and apoftate. Hereditary 
 and elective Sovereigns, as in France arid Poland, 
 were obliged to become conformifts. Even Ruffia 
 (hewed more political wifdom, in this inftance, than 
 Great Britain was blefled withme obliged Princef- 
 fes, oh marriage, to profefs the Greek faith; whereas 
 an oppofite practice completed thofe evils to which 
 an appetite for arbitrary power led the Houfe of 
 Stewart. 
 
 The clofe of Charles's reign prefents an ufeful 
 tommentary in fupport of law, and an awful leflbn 
 to a Eritifli Monarch. That Prince's natural good 
 fenfe was nearly equal to his acknowledged convivial 
 talents ; yet, a concealed apoftacy from the efta- 
 blifhed religion, and a continued ha'ted to the free 
 principles of Englifh law, led him into courfes finally 
 fubverfive of perfonal honor, or private happinefs. 
 The flave of hypocriiy became its merited victim 
 univerfal diftruil accompanied public engagements j 
 thus Irilhmen and Britons were reviewed with fufpici- 
 on or diftruft, and affection or loyalty only looked for 
 by the rules of felf-intereft. Mutual and repeated 
 plots flowed from and accompanied the checquercd 
 fcene, in mod of which Charles figured as a fan* 
 guinary perfecutor, or perjured partlfan. At too late 
 a period, and when his character was ruined at 
 
 (^ i home,
 
 228 H1STORV OF l^HE 
 
 home, and upon the Continent, he felt and acknow- 
 ledged that potent fpell of Englifh defpotifm to be 
 ihe King of his People. Under a full conviction that 
 fie forfeited that noble claim, the rude afTault of 
 open or concealed treafon was merely forgot, by the 
 firm conviction of a flronger national diilike againfl 
 his degraded fiiccefibr. 
 
 James was charmed with public appearances on 
 . his acceflion all parries feemed to receive him with 
 enthufiafm and confidence. It required, however, 
 a fleadier and fiftceref temper to confirm and extend 
 fiich difpofifiori thaii this' Prince was blefied with. 
 Ireland was the preparatory theatre for Britifh fubjec- 
 tion mifgovernment in that quarter ought imme- 
 diately to diflufe an alarm through the neighbouring 
 kingdom, as Britons mud Be fenfible that the flaver^ 
 of this country will infure to them a fimilar doom. 
 This fcntiment is felt at the prefent moment, but 
 like many political truifins at that period, was nei- 
 ther acceded to, nor understood. 
 
 The legal fyilem has been ever too flrong net 
 to form a principal. link in the Government, which, 
 feparated from its practice, mufl alfo have great in- 
 fluence over the community. Its profeflbrs afford, 
 in every age, perfons competent to dilpenfe Lav? 
 \vkh mildnefs, judgment, and integrity, or to per- 
 vert its principles with craft, cruelty, and impu- 
 dence. Whatever reliance James may have in the 
 verfatile principles of Judges appointed by his bro- 
 ther, his feelings fuggefted the great reluctance with 
 
 which
 
 KING'S INKS. 229 
 
 which men exercife Politics or Law to fubvert their 
 religion. The Bench mud therefore undergo a 
 change nearly as extenfi ve as what was deemed ne- 
 ceffary at the reftoration. The Chancellor was a. 
 JProteftant Prelate fuch fervi.ce .could not therefore 
 be expected from him; bis mild manners and acknow- 
 ledged integrity, far from fecuring him in, office, 
 rendered a removal the more neceffary. The feleftion 
 of a fuccejGTor was not from the eminent men of 
 either kingdom, The Kurig appointed a loyal gen- 
 tleman of agreeable and focial manners, but equally 
 deflitute of legal talents or private fortune. The 
 former defect, it was thought, muft render him fub- 
 jecl io .the management of Popifli Judges, and -the 
 latter necefllty enfure an acquiefcence to the mod 
 criminal meafures. IJis integrity, however, proved 
 Superior to perfonai diftrefs, and once more made 
 him a poor and private man. 
 
 The fuccefibr was a Roman Catholic, and a reli- 
 ance was had thereon, coupled with a knowledge o/ 
 his perfonai character. A majority of the Popifh 
 Judges, then appointed, were eminent for legal 
 knowledge, and irreproachable in private .character. 
 Had their duties been confined to the proper ftation, 
 it may be confidered a proud rera in Iri(h junfpru- 
 dence, but their Sovereign exacted different fer.- 
 vices, whereby he tarnilhed their characters and 
 ruined his own. 
 
 His firft attempt was to initiate them in Cabinet 
 iliyfteries at home, and then degrade his policy by 
 
 fending
 
 3 HISTORY OF THE 
 
 fending for them as Ambafiadors upon State affairs. 
 Even the Englifh populace fhewed, amid the irre- 
 gularity of riot, the feelings and difcernment of a 
 free and enlightened people : they purfued the trai- 
 torous millionaries, and fattening potatoes upon 
 poles, exclaimed, with merited derifion, "Make 
 way for the potatoe ambafladors !'< This lively ridi- 
 cule encreafed in their progrefs from the Tower to 
 Whitehall to the mo.ft fettled abhorrence, fo that it 
 was with the utmoft difficulty civil and military au- 
 thority could protect them from national fury and 
 hatred. 
 
 Such was their fuccefs and merited popularity in 
 the fitter ifle ; in their own country (as ftatefmen) 
 they afted with unceafmg vigour to fftake the pro- 
 perty, undermine the legal freedom, and fubvert the 
 religion of Protettants. 
 
 In their judicial decifions no authenticated act of 
 cruelty or corruption remains upon record. If ad- 
 ditional evidence were neceflary, the three princi- 
 pal Judges, for rank or talents, River/town^ 
 Rice, and Daly, remained within the kingdom 
 in pofleffion of large properties, and armed in 
 confcious innocence, fet their perfonal or political 
 enemies at defiance. Two of the Judges were 
 Proteftants, Mho furvived the revolution ; even 
 one of them was continued in office by King Wil- 
 liam ; another an Englifh Papitt, removed, previous 
 to James's abdication, to Weftminfter, only memo- 
 rabk for being an incumbrance to this country, and 
 a difgrace to his own. There were indeed two 
 
 Irilhmen
 
 KING S INNS. 231 
 
 irifhmen among the groupe, not indifpofed to cru- 
 elty in criminal trials, or corruption in civil fuits. 
 However, that bale and forward difpofition funk un- 
 der the fuperior afcendancy of honed and enlight- 
 ened brethren. 
 
 But the great ornament of our Trim Bench during 
 two reigns, inimical to Englifli Law, both in their 
 iurbulence or calms, was John Keatinge^ Chief Jttf- 
 tlce of the Common Pleas : a great Magiftrate, who, 
 in a flippery or ftormy period s exerciled official fla- 
 tion with mild manners, and untainted integrity. 
 This Irifliman was calm, patient, and humane, in, 
 the trial of prifoners j clear, laborious, and confif- 
 tent, in the difcuflion of civil fuits ; faithful to his 
 JCing and Country in the indulgence of political 
 principles, and attached to God in the exercife of 
 Chriftianity. Thus, perfecuting Proteftants charged 
 him with being a concealed Papift, whilfl furious 
 Roman Catholics were confounded #t his firm at- 
 tachment to the efiabliflicd religion. Connected 
 with no party, and dignifying ftation by defpifmg its 
 tenure, he equally renfted the interefled views of 
 Clarendon or Tyrconnel. But the concluding act 
 of an illuftrious life mud endear his name to civit- 
 Jifed fociety in every age or clime. 
 
 When James, cloyed with the advice of a pliant 
 Chancellor^ and perjured Chief ^iiftice^ confulted 
 Keatinge, (though that great man well knew what 
 would be palatable to a deluded prince) he adminif- 
 fered honed and falutary advice. James had even 
 
 fufficient
 
 HISTORY OF THE 
 
 fufficient good fenfe to feel and refpeft it ; but that 
 King was, from fituation, neceffitated to repeal the 
 Ad of Settlement. Whilft Keatinge's firm and un- 
 bending integrity entitles him to an high rank in, 
 the temple of Irifh worthies, a place to which, I 
 truft, -.every legal Student will direct his fteauy Heps, 
 and finally attain a merited ftation therein, 
 
 " Hie Manns, ob patriam pugnando vulnera paifi, 
 " Quique facerdotes cafti, dam yita manebut, 
 " Quique pii vates, & Phoebo digna locuti, 
 " Inv^ntas aut qui vitam excoluere per artes, 
 c Quique fui meniores alfos fecere merendo," 
 
 Irifhmen muft, however, prepare for the folemn 
 alteration of religion ; the King's Inns was there- 
 fore decreed to channe its proprietors, and revive 
 the memory of monafteries by affixing a Popifh 
 chaplain in the new eftablifhment. On the 7th of 
 June, 1686, Sir Charles Porter, Lord Chancellor, 
 \vas admitted to his lodgings, lately occupied by his 
 predeceflbr, Michael Archbifhep of Dublin. The 
 apartments were not very extenfive or commodious, 
 for I remember it afcertained in a brief of mine, 
 that Lord Chancellor Porter lived in the remoteft 
 houfe of Abbey-ftreet, with a field adjacent thereto, 
 and as the Archbimop had, for the twenty preced- 
 ing years, enjoyed the palace in Kevin- ftreet, we 
 may imagine the flate in which Sir Charles found 
 them. 
 
 On the 2oth of ApriJ, 1687, the faid chambers 
 were, by the like rule, transferred to Sir Alexander
 
 KING S INNS. 
 
 233 
 
 Pitton, Knt. the fucceffor of Sir Charles. On the 
 lame day, and on the i$tb of November, 1687, his 
 Popiih colleagues were admitted into the fame con- 
 venticle, and a cLiplain of ancient family and un- 
 exceptionable peribnal character elected by the rul- 
 ing parry ; he was alfo a learned divine, and diftin- 
 guinV.u do&or of both laws. The Government 
 and Country (hewed an equal difcernment by fuita- 
 ble promotions. A Mafterjhip of Chancery, the 
 Deanry of Cbriji Church, and a feat in Parliament ', 
 were his rewards. On" the $th of February, 1687 8, 
 fct Doctor Stafford was invited to the Bench table, 
 and that chambers fhould be provided for him." 
 
 Thefe are the regulations or changes which ap- 
 pear upon the remaining King's Inns Records during 
 the fliort, but eventful reign of this unfortunate 
 prince. Bigotry had fo narrowed a proper fenfe of 
 peribnal engagement, that in Ireland the mafk. was 
 entirely withdrawn, which hypocrify kept up in 
 England. James not only departed from the ufual 
 wifdorn of Englifh Councils, but adopted the vicious 
 practice of an Irifh Cabinet ; Judges were felefted 
 as ftatefmen, and priefts became fecret advifers of 
 the Crown. Christianity and Law were thus per- 
 verted from ufeful purpofes to pernicious defigns, 
 
 Roman Catholic Lawyers, however, mewed that 
 deluded tyrant the hopelefs purfuit of entirely fub- 
 verting eflabliflied Law, or reducing liberty and pro- 
 perty to arbitrary will and pleafurc. Perfonal inte- 
 reil and profeilional prejudice combined to uphold 
 
 civil
 
 334 HISTORY OF THE 
 
 civil freedom under ah intended change of religion, 
 A Proteftant univerfity was quickly converted into 
 a barrack, but no fuch invafion was exercifed on 
 the refidence of Popifh Lawyers ; their councils 
 were held, and meetings continued, without innor 
 ration or controul. The banner of pontifical power 
 was, indeed, difplayed by the fupremacy of his 
 religion within the Society. However, the national 
 independence was not abrogated even by that Par- 
 liament, whofe general proceedings have been fwept 
 from our Statutes and Journals by an undiftinguifh- 
 ing attainder ; a tranfient review may therefore af- 
 ford fome hiitoric life and entertainment. 
 
 James had fuch an hearty hatred to the improve- 
 ment and protection of the civil rights of his fub- 
 jects, that the Roman Catholic insurgents at Runnymede 
 would enforce an apoftacy from their faith. That 
 unhappy man miftook the principles of religion, as 
 much a,s political freedom he conceived that a de- 
 penda.nt and afcendant feet would adopt fimilar fen- 
 timents. The hiftory of mankind might, however, 
 convince him, that toleration or perfecution, fer vi- 
 lify and independence, hang on relative fituation. 
 
 James had, from motives of political neceffity, aflem- 
 bled aParliament in Scotland and England, and met in 
 them unespe&ed unanimity and fupport. That ufe- 
 fui turn obtained in the true fpirit of his anceftors, 
 he determined to guide his future government with- 
 out fuch aid or interference. The reader will natu- 
 rally be anxious to hear his management of this 
 
 country,
 
 KINc's INNS. 
 
 country, \vhcre a religious fympathy of fentiment 
 ought to cement his public duty with a double tie 
 of royal regard. No Parliament was, however, 
 held, nor any intention exprefied in favour of the 
 inhabitants. Catholics were, in his opinion, to 
 exchange their civil for religious freedom. Misfor- 
 tunes alone led to any appearance of public prin T 
 cipie in the houfe of Stuart ; it is alfo an aggravar 
 tion of their guilt, that no Sovereigns exercifed ftu- 
 perior talents in a defence of juft prerogative, or 
 better underflood the rights and privileges of Bri- 
 tifh fubjects, 
 
 The Jrifh foil was not trod by James until Wil- 
 liam was feated upon the throne of Britain ; then 
 indeed this country was curfed with his prefence, 
 and its extravagant loyalty abufed to reitore an ab- 
 dicated tyranny in England and Scotland, or to con- 
 firm it here. Such were James's view* in calling 
 a Parliament, to arm or tax fubjetts, and employ 
 that union at his will and pleafure, forms his only 
 title to Irim gratitude and affection, 
 
 There, however, arofe one man in that affembly? 
 who had a perfect knowledge of, and an ardent at- 
 tachment to, the legal Conltitutjon of his country. 
 The Great Charter, Petition of Right, or Bill of 
 Rights, would have met in him an sfole framer, and 
 intrepid defender. Bleffed as Irifhmen are in their 
 legal and acknowledged enjoyment of the Englifh 
 Conftitution, praife, extorted by manly talents, or 
 fhjeir honed exertion, tends to fupport Government 
 
 by
 
 236 HISTORY OF 
 
 f>y animating cotemporaries, and the rifing geneu- 
 ion to fimilar conduct. James's Attorney General^ 
 Sir Richard Nagle, dignified that fituation by ex- 
 jchanging its ufual character for that of a (tern, inflex- 
 ible patriot. He carried meafures fimilar to thofe 
 of 1782, and thus paid homage to the excellence of 
 JEnglifh Law by transferring its full and complete 
 enjoyment to his countrymen. 
 
 Two dreadful Statutes blacken the catalogue, 
 which have been artfully felecled to give a com- 
 plexion to the whole. Let me affure the reader, 
 that the Statute repealing the Aft of Settlement 
 was purfxied with ardent rapidity. I have feeii a 
 bill for relief under it, which was filed in the month 
 of May, j6Sy, a few days after its enactment. 
 Thus, had not the arms of King William fupprefled 
 the principle, a mifchief equal to confifcation would 
 in one year^ffeft the ifland, and the greatefl part of 
 landed property be inimerfed in an ocean of equity. 
 The attainder of abfent or innocent perfons was not 
 unknown in Ireland, but improved civilifation felt 
 an horror at the meafure, which nothing but James's 
 malignity coujd countenance or adopt. Perfonally 
 to him this horrid meafure is to be imputed ; he had 
 practiced in England legal and legiilative vices, fu- 
 perior to what flained the Irifli foil. Even the un* 
 happy MonmojUth was irregularly executed, and a 
 fimilar meafure would be meted out to profcribed 
 Jrimmen. 
 
 Tht
 
 KING'S I'NXS. i^i 
 
 The prefcriptive rights and humane principles of 
 Englifh Law were equally violated by thefe a'fts, 
 which fentlment was not unknown to the Irifh Par- 
 liament ; but the vicious habits of party, felt and 
 fupported, as a meafure of felf-defence, what plun- 
 dered opponents of property, or rendered their ex- 
 iftence infecure. This principle was unhefitatingly 
 admitted, which (hews that both Statutes originated 
 in a fcheme of feparation, under a profpecl of civil 
 war. The precedent merits perpetual remembrance, 
 by pfefenting, upon a Imall fcale, the envenomed 
 cruelty a'nd extehfive confiication which muft refult 
 from either. 
 
 In every movement of this country, King's Inns 
 Members form a leading and interefHng part. A 
 faithful account of that inftitution is therefore infe- 
 parabiy interwoven with the general hiftory of Ire- 
 land. James was foon roiifed from prieftly craft, 
 and political hypocrify by the warlike banner of his 
 illuftrious rival. Irimmen had then a fecure privi- 
 lege of adhering to either fcrince, as mod fuited 
 their civil wifdom, or religious creed. Neceffity or 
 choice armed every rank and profeffion ; on both 
 fides the natives affumed fuperior activity to their 
 brethren in arms j they poflefied an equal courage, 
 which the keerinefs of civil war nerved with redou- 
 bled ftrength. 
 
 Happy at the fuccefs of the defenders of Derry, 
 hiftory binds a Limerick man by impartial juflice to 
 record the difmtercflcd heroifm of his immediate 
 
 fellow
 
 HISTORY OF THE 
 
 fellow citizens. The natives of that ancient town 
 conducted themfelves with a bravery which mufl 
 atone for political prejudices, were they even of a 
 dangerous or deftrucliive nature ; but toleration on 
 religious points, and liberty in civil matters, was 
 their profefled objec~l. Leland fays, " At the fiege 
 the Irifli defended it with a rage of valour ; even 
 their women mingled with the men^ encouraged 
 them, advanced before them, defied the befiegerSj 
 and aflailed them." The applauded patriotifm of 
 Roman matrons or Spartan dames fupports a fee- 
 ble comparifon with this authenticated fpecimen of 
 Irifli female exertion and courage. A formidable 
 foreign force, aided by the untamed bravery of na-i 
 tive ProteftantSj was unable to fubdue or feduce 
 them, without the plighted faith of royalty to pre- 
 ferve the civil and religious rights of Irimmen. No 
 narrow fyflein, no partial views, impeded that great 
 defign : they rejected a treaty in which the protec- 
 tion of their countrymen at large was not included.- 
 Thus, Derry and Limerick mine rival companions 
 in hiflory, unfading monuments of Irifh integrity* 
 generofity, and courage. 
 
 Even the gallant Walker meets, in a King's Inns 
 preacher, a clerical rival, who bravely feil in the 
 oppofite ranks. Dr. Stafford merits that high fla- 
 tion by difmterefted zele and perfonal heroifm, no 
 matter how mifguided, difplayed in defence of civil 
 and religious partifans. Having feconded, during 
 the war, every effort to fupport James's declining 
 mtereft, he became, from fuch motive, chaplain td 
 
 The
 
 KING'S INKS. 239 
 
 The Royal Regiment of Foot, and followed its for- 
 tunes through a fevere and doubtful campaign, to 
 the fatal plains of Aghrim. There the genius of 
 his country triumphed over profeffional habits ; a 
 peaceful preacher became a warlike chief; the aw- 
 ful ceremonies of religion were difpenfed to a fub- 
 miflive flock, and their courage ftrengthened by art 
 animating harangue. Then, with the crucifix in 
 his hand, Stafford pafled through the line of battle, 
 and prefied into its foremofl tanks, loudly calling 
 on his fellow foldiers to fecure the bleflings of reli- 
 gion and property, by fteadinefs and attention to 
 difcipline on that critical day, Succefs crowned 
 thefe manly efforts, until death interrupted his glo- 
 rious career ; then, indeed, the infantry was panic 
 flruck. Superftition fanctified fear : vulgar minds 
 conceived that heaven frowned on the caufe by this 
 awful event. The fource of enthufiafm became a 
 ftieafure of defpondence when the champion who 
 gave it vigour and exiflence was laid in the duft. 
 
 This movement, added to the prefTure of a gal- 
 lant enemy, occafioned confiderable diforder, which 
 St. Ruth, by a change of flation, wifhed to remove, 
 but perifhing in the great attempt, thereby occafion- 
 ed a general defeat. Thus, the fate of a King 1 *? 
 Inns Chaplain fealed the revolution, and left an ani- 
 mating example with what zele and fmcerity fuc- 
 ceeding members ought to uphold a frame of Go- 
 vernment more protective of foeial happinefs, and 
 a fyftem. of religion better fuited to the mental dig- 
 nity of mankind.
 
 24 HISTORY OF THE 
 
 No greater alteration occurred in the fegal efta- 
 blifhment ; for though an eagernefs was manifefted 
 to erect a feparate and independent Inn of Court 
 within this kingdom, whereby an undoubted ieve- 
 ranee between both iflands would be finally effected* 
 yet James firmly withftood the infidious attempt 
 and is thus far entituled to the thanks of pofterity^ 
 But amid all the forced or fanciful changes hazarded 
 by hoflile parties during that century, no innovat- 
 ing effort was exercifed to make the King's Inns 
 ail introductory theatre for legal ftudy, much lefs 
 to controul Attornies from taking apprentices, but 
 at the will of Judges and practicing Barrifters. A 
 Angularity which not only varies from ancient legal 
 lifage in both kingdoms, an'd the fubfifling cuflom 
 of England, but from the Civil, Canon, and Scot's 
 codes, or any fyftem recognifed in Europe. 
 
 It may feem ill fuited to moderation or humanity 
 to fligmatife an unhappy man, who atoned to fociety 
 for the indulgence of religious phrenfy, or political 
 Vice, by a forfeiture of empire. Therefore,- my 
 criticifrn mail flow from fact, and be bounded 
 by legal propriety. On his retreat from Ireland 
 James looked for refuge to religion, and became en- 
 amoured of the caufe for which he fuffered. Liberty 
 of confciencej and the rights of property, he affected 
 to hold facred. The former was, however, to hang 
 on the good will of Jefuits, and a repeal of the Act 
 of Settlement gave a lively fpecimen of national 
 diftraftion in a fcramble for the latter j befides, an- 
 horror at Parliaments enfured to his fubjefts the no- 
 vet
 
 KING'S INNS. 341 
 
 Vel pofition of being taxed without popular repre- 
 fentation. 
 
 Superftition, however, frequently failed to flill 
 the alarms of coiifcience, iior could die foul deeds 
 of this life be buried in dreams of another. Thus, 
 
 " Guilt's black forms did his private walks invade, 
 " And Roll's murder haunts him in the fhade 1"* 
 
 James's aftivity in that black tranfaftion prefled it- 
 felf upon memory, and RuJJell was the only martyt 
 to Liberty and Law, whole virtues this obflinate 
 Prince unhefitatingly admitted 5 he alfo well knew 
 that Charles would have yielded to policy or juf- 
 tice, and remit an illegal fentence but for his inter- 
 ference. By the fame fiu'geftion a venal and elo- 
 quent prelate was employed to realife a doubtful 
 plot, to implicate Ruffell (herein, and itain pofthu- 
 
 R mous 
 
 * T have feen Memo'rs (in tnanufcript) of Iving James, re- 
 Vifed by himfelf, and compiled by his Jri)h Ckanctllar Re'tlly. 
 A great regret is therein exprefied for the death of Rufiell, and 
 a reliance on what fervices he would be abV to render at the re- 
 volution. Therefore RufTe!l fpoke with a prophetic fpirit, in 
 faying, that his death Would fefve Erriland more, than living 
 to the mod protrarled old age. Willing to unite impartiality 
 with ftrid truth, let me inform the reader, that he will find 
 an aft of jultice riflidled by James on a delinquent Barrilter, 
 (in the third volume of Modern Reports, pagt- 68,) and which 
 feflefts great honor upon that Prince. In the above curious Work 
 Mary's death, and Anne's <:hildlcfs fituation is imputed to their 
 difobcdience or oppofition A vein of malignant piety (if I 
 may ufe the exprefiion) pervades the above Memoirs, which, ia 
 other refpects, contain much interefting infonnatioru
 
 2-4* ' HlS'TokY OF THE 
 
 rftous fame by imputing as motives to popular exer- 
 tion, a guilty appetite for property, and not a pure 
 attachment to the Laws and Religion of England, 
 Time combined with misfortune to foften James's 
 temper, and convince him that RufTell was a proper 
 objecb for royal mercy. But whilft guilty fchemes 
 or fanglrinary counfels moved in triumphant pro- 
 grels, the hardened fpirit of a fuperftitious tyrant 
 tould not adopt fo manly a fentiment, nor receive 
 fuch an impreffion of tendernefs and found fenfe, 
 
 Enough has probably been already explained of 
 the acls, motives, and intentions, which actuated 
 James II. to juftify our Proteftant and Whig ancef- 
 tors in renouncing Him as the Defender of their 
 Faith, or conftitutional guardian of national privi- 
 leges. Fart of his condufl remains ftill unfolded 3 
 a meafure not to be palliated by State neceffity, and 
 too authentic for party prejudice to deny. Charles- 
 and James may be excufed for yielding 1 to political 
 expedients in continuing, with apparent good will, 
 the landed acquifitions, even of republican adven- 
 turers. But unappropriated or confifcated lands fhould 
 naturally be given to faithful adherents or fuffering 
 friends. In this inflance the conduce of both was 
 as deftitute of perfonal honefty, as- their general ad- 
 miniftration of patriotifm or public fpirit. James 
 meanly folicited this plunder, to which, with un- 
 feeling bafenefs, Charles confented. The reader 
 fhall have that account in the unadulterated language 
 - an expatriated Iri/h Papift. 
 
 " Miles-
 
 INNS. 243 
 
 " Miles Corbet, et quelques autres regicides ay- 
 2nt paFc en iflando, obtinrent de Cromwell des 
 yait.es terres ; leur mcrite ttoit d'ayoit afliite comme 
 CommifTaires ou Juges a la condamnation de 
 Charles I. & d'avoir protionci la feritence. execrable 
 de mort contre ce ma'lheureux Prince ; ils furent 
 pcndus auffito't la reftauration de Charles II. on 
 donna au Due cPYork les terres confifqiKes des ces 
 ififames, pouvoit on tra'nsferer a ce Prince un droit 
 <]ue ces iifurpateurs n*avoyent pas? ils avoien,: pofTede 
 ces terres en virtu de la donation que Croir-\ : '\ leur 
 n avoit faite, poifr recdmpenfe de leur psrncide. 
 Ce tyran en avoit depouifli quelques fci^neius 
 Irlandois pour la raifon oppofce, leur droit eoit par 4 
 Tonlcquent injxifte. Ne femble-f-(l pas que ces ter- 
 res devroient plutcst etre reftituees aux anciens 
 proprietaires, que de fervir d* appanage au frere 
 du Roi ?" 
 
 Confcientious and liberal Roman Catholics will 
 j*gree in thinking that man merited the lofs of a 
 hingdom, part of which WP.'S acquired i'ri fu'ch a dif- 
 honeft and exceptionable manner. But a$ the blef- 
 fings of civil freedom are more valuable than an 
 indulgence of prieflly pride or religious afcendancy, 
 their wifdont is called upon to recolleft that a tem- 
 porary depreflion of the latter Avas from the charac- 
 ter of that King," and the fituation of this country 
 ancillary to the quiet and permanent enjoyment of 
 the former. It is manifefl that the arms or King 
 William were neccffary to enforce fuch fcttlement, 
 whereby the King's Inns only received new inhabi- 
 
 R. 2 tants,-
 
 244 HISTORY F THE 
 
 tants, who practiced the ancient legal fyflem, and 
 were equally difpofed to give it perpetuity and ef- 
 
 There was one meafure of the late reign which 
 required ir.ftant and effectual imitation, and that 
 confided in an immediate removal of prefumed trai- 
 tors from the Bench. Such Judges as had been dif- 
 carded by James, and furvived the abdication, were 
 entituled to inftant re-appointment ; the Chancellor 
 alfo defer ved to be reinftated. William's firft act, 
 after the fubmiiTion of Ireland, was directed to this 
 object. The mifconduct or ignorance of the Judges 
 in an important branch of Law excites furprife, and 
 would exceed belief, were not the abufe authenti- 
 cated on the Records of Parliament. Cm/ bills ori- 
 ginated in the Provincial Prefidency Courts, and 
 were upheld merely by prerogative, in violation of 
 Common Law, and without Statute authority. The 
 practice was cheap and expeditious, and, though 
 hatched in the chamber of defpotifm, has been wifely 
 upheld and confirmed in times marked by a proper 
 refpect for freedom.' But what had Judges to do 
 with Sta ie policy ^ or arbitrary improvements? Befides, 
 the motive becomes doubly fufpicious, when large 
 fees to themfelves, and their Clerks, accrue from 
 malpractice. Poiilbly fome of tliefe grave Magif- 
 trates may conceive, that the ufurpations of illegal 
 or aboli/hcd jttrifdiftiom revert to the Four Courts 
 as a lapftd inheritance^ and thus give a fcreen to ju- 
 dicial perjury, by crafty or ignorant prefumption. 
 Such was the profligate ailertion of the late Judge 
 
 Robinfon
 
 KINGS fx\ T s. 245 
 
 iloblnfon in the memorable Attachment Cafe of Ste- 
 vens Rei/ly. 
 
 However, an Trifli Parliament thought differently, 
 and voted, in 1692, " That the trials and proceed- 
 ings by Civil Bills, as of late, and now practiced hi 
 .this kingdom, are arbitrary, illegal^ and a burthen is 
 the fubjcft" They were more fecure from detec- 
 tion, when that corrupt and profligate Chief Gover- 
 nor, Lord Sydney, confulted them on the proper 
 tonjlrudion of Poyrimgs Law. An opinion was given 
 correipondent to State policy ; but here an error in 
 judgment may be pleaded, unfettered by precedent 
 and not in oppofition to eftablifhed Law. The fuc- 
 ceeding faft affects (thank Heaven !) only fome 
 Judges, and not the whole body ; but the mifinter- 
 pretation is peculiarly awful, as it arofe from .an ap- 
 petite for human blood. Benefit cf clergy was inter- 
 cepted by handing the book of a language not au- 
 thorifed by Law, and when that device failed of 
 fuccefs, they fined the Ordinary, if that Officer 
 made a return according to the truth and reality of 
 the facl:, and not according to their pleafure and di- 
 rection. Habitual perjury and murder fo overfha- 
 dow King's Inns jobbing or corruption, that I fear 
 the reader will be drawn too far from that fubjed 
 by the commentary which has been deemed requifite 
 toilluftrate and flrengthen an account of its interior* 
 management. The ufual admiflion to chambers for 
 ' the new Judges marked the King's Inns Records, 
 for the reader will perceive that no additional houfes 
 were built to be laid out in a collegiate form, 
 
 and
 
 HISTORY OF 
 
 and the Judges became the exclufiye and hereditary 
 inhabitants of the old apartments from that period 
 in James Ps reign, when, under a plaufible pre- 
 tence, iuch monopoly was obtained. The late 
 Judges even (looped fo low as to difplace the Stew- 
 ard of their houfe, and on the 5th of February, 
 !68; S ? elecied and appointed Peter Reilly to 
 thai office. It was therefore a natural adl of retali- 
 ation in the triumphant party to turn him put, and 
 replace an adherent. 
 
 1 . - . . 
 
 A petition of Mr. Juftice Lyndon iiludrates the 
 freedom of belonging to, or retiring from, the houfe 
 as a voluntary arTaciatiqn. He llates his chambers 
 IP be ruincus, the great expence of repairing them, 
 and folicitp a leafe rbr his own Ijfe, ^nd that of his 
 fon pdward, whp, he adds, is a Member of the 
 liins of Court, and he hopes will be> and con- 
 
 tinue a Member of this honorable Society* At this 
 
 - . ' i _ ' . ' . 
 
 time alfo the cuftgm revive.d of appointing the Go- 
 
 vernors of the kingdom, and other eminent men, 
 Members of the King's Inns. It is alfo remarkable 
 that fuch perfons attended councils, and fubfcribed 
 their names thereto, Nor was it until Queen Anne's 
 reign that any man was admitted a Bencher by that 
 name. The whole Society enjoyed the undoubted 
 pght, but non-attendance feemed to operate as the 
 bye-law of a Corporation, and actually, tJipugh ii- 
 Jently, fuperfeded for a century that original right. 
 
 Even within theie fifteen years, when a full Trea- 
 fury flowed upon the King's Inns, a fimilar praftice 
 
 hasj
 
 IKNS. 
 
 2ias, to my perfonal knowledge, continued. In the 
 Jaft Term, on the appointed day of admiflion for 
 Students, and apprentices .of Attornies, a neceflary 
 number of Benchers did not attend. To prevent 
 .the lofs of a Term, two of the body acted upon the 
 occafion, and neceffity juftified the violation of e/ta- 
 bliflied cuftom ; Yior have four reafonably full meet- 
 ings occurred fince the revival in 1789. This dere- 
 liction dictated a plan to a very inconfideraWe num- 
 ber of guiding King's Inns bufinefs, (notwithftand- 
 ing the refpectability of their brethren and the bo- 
 dy at large) as if it were a venal and corrupt cor- 
 poration, 
 
 On the i Qth of January, 1694, an order, defcrip- 
 tive of the ruinous ftate of the King's Inns Cham- 
 bers, was entered into ; and to encourage, as well 
 as indemnify refidents in neceflary repairs, it was 
 wifely refolved, " That two thirds of fuch afcertained 
 expenditure mould be paid by the fucceflbr to the 
 executors, adminiftrators, or afligns of the preced- 
 ing occupier, and a Letter proportional fum on every 
 transfer; thefe improvements to be defigned and 
 approved by three of the body, and the expence 
 correctly eftimated." Some readers may imagine 
 that the mode .of building glebe and fee h.oufes, and 
 reimbursing the builder, was borrowed from the 
 preceding plan. The rules of common fenfe and 
 jiiftice dictate, without communication, fimilar prac- 
 tices to men of clear understanding. A fingular 
 conclufion marks the order, which makes me think 
 pore highly of the fliarpnefs, than honefty, of the 
 
 parties
 
 14$ HISTORY OF THE 
 
 parties concerned. The roof of thofe buildings was 
 to be kept in continual repair at the cotl of the Soci- 
 ety. This accounts for the reluctance and tardinefs 
 with which penfions and caft Commons were paid by 
 the body at large. Mifapplkation roufed dilcontent, 
 and by that juit fentiment the inftitution was finally 
 fmothered. 
 
 In the prefent and preceding reigns, repeated or- 
 ders are made to enforce regular attendance for a 
 proper time at the Englifh Inns of Court. This was 
 warranted by ancient precedent, and would be felt 
 by real Irifh patriots as a proper deqifion ; it even 
 reflects honor on fuch Sovereigns or Viceroys a 
 deigned to recommend the practice. One glaring 
 neglect accompanies all fuch rules no indulgence 
 was given to a Dublin degree an overfight in wife or 
 public fpirited men, even where no impure motive 
 carf be prefumed to influence their conduct. 
 
 A legiilative provifion was never necefiary to eft a* 
 blifh that important privilege ; but where fuch enact- 
 ment took place, the repeal could only flow from 
 the blended influence of prefumptuous ignorance, 
 and profpective corruption. The claflic compliment 
 can be therefore extended by an internal rule of the 
 King's Inns, and the graduates of our Univerfity 
 elevated to an equal rank with their brethren of Ox- 
 ford or Cambridge in Englifh Inns of Court. Should 
 this humble page lead to that important end, my 
 feelings muft be amply gratified by fixing a clofer 
 union between the King's Inns and that learned fe- 
 
 minary
 
 KINp's INNS. - 
 
 minary ^the meafure will alfo materially encourage 
 literature, confirm loyalty, and exalt the national 
 
 character. 
 
 * 
 
 Dublin Univerfity was founded fhortly anterior to 
 the reviva; of the King's Inns, and from the vicious 
 domeftic abufes in policy or religion, was never co- 
 extenfive with the Irifh nation. Its provifion has alfo 
 been confined, and no addition made thereto as pro* 
 pofed under the Stuarts, or as might be hoped for, 
 amid extenfive forfeitures, from the great King 
 "William. However, let the literary efforts of its 
 members be meafurecj from Ufher to Toung its ex. 
 terns will not be diigraced ; nor need the nine hun- 
 dred Fellows fuftained by Oxford or Cambridge, dif* 
 <Lia a coalition with twenty-three Irifh brethren. 
 The prefs does not frequently teem with their lar 
 bo.irs, becaufe extenfive learning indifpofes men to 
 publication, except where ufe or importance marks 
 an ufeful defign. Such is the juft character of its 
 fenior train, but undergraduates are endeared to 
 their country, even by its misfortunes. 
 
 When rebellion reared its horrid ftandard, and in- 
 vafion (impotent without internal aid) threatened 
 ruin to the realm, that gallant body was permitted 
 to affume a military array, To the untamed fire of 
 youth was added the energy of manhood, and the 
 coolness of age zele, corrected by good fenfe cou- 
 rage, tempered with humanity ; and fteady 4ifcipline 
 directed by public principle, has uniformly diitin- 
 guifhed the College corps. The metropolis witnefT-
 
 15^ HISTORY OF THE 
 
 ed, with fuitable pride and enthufiafm, fuch digni- 
 fied behaviour. 1 hough melancholy neceffity re- 
 laxed Univerfity difcipline, perfonal honor rendered 
 it more firm literary improvement was upheld by 
 regularity and the exertions of active exercife. Did 
 not the principle fupport itfelf by Englifh precedent 
 and intrinfic propriety, it ought to be conceded to 
 youthful merit at this aufpicious moment. Let two 
 years attendance -be conceded to a Dublin degree. 
 Wife and honed men will readily feel that a colle 
 giate courfe of education forms the mofl correct pre- 
 paration for legal knowledge. The repeal of Stamps 
 lately enacted, or the more affecting defalcation of 
 office fees, is not expected, nor demanded to effectu- 
 ate this ufeful intent. The graduated collegian will 
 be fatisAed to pay fuch, and therefore juftly claims, 
 that an attendance, as heretofore, for two years at 
 an Englifh Inn of Court, may qualify him for a call 
 to the Irifh Bar. 
 
 The fpirit which actuated the Dublin refidents s 
 appears in the following extract : " Attprnies who 
 live in the country, and at the affifes, generally de- 
 prive thofe who conftantly attend in Dublin of their 
 practice.** The declared defign of thefe partial or 
 exelufive orders, is to counteract that effect. An 
 Englifliman will eafily believe how difficult it would 
 be for the officers of the Inns of Court to enforce 
 payment of a Termly Tax from their fcattered rural 
 brethren ; and how the Herculean talk would be in- 
 creafed, if a legion of Englifh Attornies flrengthened 
 ffte legal brigade. In this, as in mofl: other inftances, 
 
 affecting
 
 affecting Iriflimen, the fault of non-compliance or 
 refinance will be found in the folly, corruption and 
 tyranny of men in power, when fuch perfons over- 
 look or counteract the intereft of thofe whom they go- 
 vern. 
 
 In 1698, we meet a fmgular legal anecdote: A 
 difpute arofe relative to county taxes an.d arfefTments, 
 between the town of Youghal and .the county of 
 Cork. This was left to the determination of the 
 Judges, as the order tells us, in their private capacity, 
 and fuch decifion was, by confent of partier, ro be 
 conclusive. This proceeding mull be confidere4 a 
 pregnant proof of Irifh politenefs, as, I firmly be- 
 lieve, it would be impofiible to obtain a fimilar meet- 
 ing at Serjeant's Inn, or to perfuade that grave body 
 to act in a double capacity. In the next page the well 
 known name of Sir John Temple is prefented to our 
 view. This man was ion to the famous Author of 
 the Irifh rebellion, and had been Solicitor-Ge- 
 neral under Charles II. Grants from the Crown did 
 not latiate his avarice the King's Inns was ilill de-. 
 yoted ground ; for fifty preceding years a confidera- 
 ble pare of it had been encroached upon by this fa- 
 mily, and even a long outstanding term in exiflencq 
 againfl the Society. 
 
 An application was, however, made for a rfineiy- 
 nine year's leafe from the March preceding. The 
 reader need not doubt that a prompt compliance was 
 made with this fmgular propofition. Thus, the 
 high green walk of the Inn's garden, and the adjacent 
 
 iva/te
 
 HISTORY OF THE 
 
 wqfte ground) was finally difpofed of; for I have not 
 heard whether this valuable and extenfive lot of 
 ground, and which was to be out of leafe in 1798^ 
 has been re-let by the Society. 
 
 In the fucceeding term, Dorothy Winftanly, wi- 
 dow, applied for a renewal of a fmall tenement, 
 thirty-four fat by twelve. She ftates, tc That her huf- 
 band had, to the time of his death, been a fervant 
 to leading members of the houfe for many years- 
 that me had three helplefs children, and folicited fuch 
 renewal for any term, and at whatever rent their huma- 
 nity and juftice mould pleafe to direct." She did not, 
 like the preceding hardy knight, dictate terms her 
 modefty met a fate not uncommon before a legal tribu- 
 nal ; for the Bench, with Roman firmnefs and Stoi- 
 cal apathy, refufed the prayer of her petition. The 
 fucceeding page contains a requeft from Colonel Boif- 
 rond, for permiffion to open two windows on the 
 Inn's garden from his houfe in Pill-la rie. On. the 
 fame day an admiflion is entered in a language pro^ 
 fcribed from the time of Cromwell : 
 
 Memorandum quod Henricus Shere miles ad- 
 inhTus fuit hujus hofpitii focius, die Veneris deci- 
 mo quinto die Novembris, Anno Domini, 1700, 
 Sir Henry was not a Barrifter, but an Englilh Baro- 
 net, who held an high and lucrative fituation in 
 Ireland ; however, the entry favours ftrongly of an 
 attention to precedent on the books of the Society, 
 and in that refpecl marks the profeflion of the writer. 
 gome other entries are alfo in Latin, particularly 
 
 Chief
 
 KING'S INNS. 
 
 Chief Governors and Lords Juftices during this and 
 the fucceeding reign. Modern Latiriity may difgull 
 a mere collegiate fcholar ; let me, however, defend 
 the legal body when its members apply and extend 
 a dead language to living purpofes, and the varied 
 ufes of mankind is not this the boalied perfection 
 of the Englifh tongue, and a decifive proof of the 
 wifdom which charaderiies the inhabitants of that, 
 kingdom ? 
 
 Even Ireland may contain fome Barrifter who does 
 not know, that old Lyttleton has been within thefe 
 fifty years tranflated (if I may ufe the expreffion) 
 into riwdern French fo great has been the change o 
 Gallic dialect from a century pofterior to Comines, 
 and on a fubjecl: fo fettered by precedent or techni- 
 cal terms as municipal law. Let old Irifh be compar* 
 ed by a fmiilar ilandard under this unerring teft, 
 perfons who affect to ridicule it to excefs, will incur 
 the riicjue of having fuch opinions bottomed upon 
 prejudice and ignorance ; but the ftrength and anti- 
 quity of Ireland merits a kinder criticifm on its lan- 
 guage and inhabitants. The hardy legions of Rome 
 felt their moil ufeful recruits from the Danube or the 
 Rhine, and a great empire was fuflained by thefe 
 rude but warlike clans. In like manner the Irifli 
 dialed: did not difqualify Milefian foldiers from fuc- 
 ceis fully defending Cremona ; and will even, I trull, 
 animate Irifhmen, at the prefent moment, to 
 preferve Sicily from conqueft* 
 
 Let
 
 HISTORY OF THE 
 
 Let Ir'fhmen or Britons enjoy modefn bleifmgs m* 
 law, learning, or language ; and reverence, with 
 filial piety, the folirce and humble origin fromf 
 whence the Brrtifh empire emerged- (till hold- 
 ing, in faithful remembrance, the tremendous" 
 prophecy of Montefquieu that if ever enflaved,, 
 " they will be the moft miferable nation upon 
 earth, and lofe, m my opinion, as by an 
 earthquake, every remnant of their ancient gran- 
 deur." The preceding entry lofes all records of, 
 6T concerning the ground for the feventeenth cen- 
 tury, and with it the reign of the great and good 
 King William. 
 
 The reader will naturally expect, in conformity to' 
 preceding practice, fome allufions to the effects 
 of his government in this ifland. Let me then af- 
 firm, that where his illuftrious name was abufed to 
 !ts injury, the favourite of Irdand can be defended 
 with integrity and truth". A fyirit of unfeeling mo- 
 nopoly had fo blinded the Englifh Parliament, as to> 
 treat Scotland like an hoftiie country, and Ireland as' 
 if it were conquered. It was therefore, impofiible 
 for the wifdorh or benevolence of th<<j iCing to coun- 
 teract this fordid and impolitic principle, without en- 
 dangering his fceptre, and probably plunging the" 
 three kingdoms into all the horrors of a civil war 
 Envenomed factions furrounded his throne, who,' 
 oattieleon-like, would ^- v ne every (hape, and ar- 
 dently violate morality or patriotiim to dilhirb or 
 jtubvert it. 
 
 Ireland^
 
 KING'S INNS. 
 
 Ireland, however, owes to him the legislative 
 image, no matter how imperfectly difpenfed, of the 
 Englifh Conftitution ; his ad mini ft ration alfo Hand? 
 unftained with the fufpicioh of fabricated plots, the 
 infufion of religious difcord, or an abufe of acknow- 
 ledged prerogative. For the prejudices of Parlia- 
 ment, or miftaken feelings of his fubjecls; fhat ac- 
 complimcd prince is not juftly refponfible ; thefe er- 
 rors were not rembved, even in a partial mariner,' 
 for near a century. The Irifh Senate, in particular, 
 varied to a fatal extent (by the number of fts rotten 1 
 boroughs) from the conftituted freedom of an Eng- 
 Jifh Parliament partial remedies, therefore, failed' 
 of the expected erTecl. She laboured under a' 
 political atrophy the legal nutriment of our State 
 was converted, by this vicipus habit, into a caufe of 
 dilTolution. 
 
 William's hefitation, on taking the Scot's Corona- 
 tion Oath, left he mould be thereby pledged to per- 
 fecute any clafs of his fubjech, reflects unfading luf- 
 tre on his memory, Minifters cannot divide thisr 
 glory with their King it was the artlefs effufioh of 
 an honed mind, and wfll receive the undivided ap- 
 plaufe of mankind, as long as pure Chriftianity, po- 
 litical freedom, or perfonal veracity exilt among-' 
 them. Hi's character, in every point of private or 
 domeftic life, has rifen fuperior to-ven^l or inte- 
 refted calumny, arid forms a correct counter- 
 part to the wifdom uric! patriotifra of his -public 
 conduft. 
 
 The
 
 HISTORY OF TflE 
 
 The irrefiftible ftrength of both has extorted /forii 
 the apologiftof the Stuarts, the following juflandcom- 
 prehenfive eulogium : " The Prince of Orange was 
 peculiarly happy in the fituations in which he was 
 placed-^-he faved his own country from ruin- he re- 
 ftored the liberties of* thefe kingdoms- he fupported 
 the general independency of Europe, and thus if 
 will be difficult to review any perfon, whom we meet 
 with in hiftory, whofe actions and conduct have con- 
 tributed more eminently to the general interefts of 
 fociety, and the permanent happinefs of mankind.*' 
 The fpirit of this great Monarch did not perifh 
 with him^the genius of the next reign was tinged 
 therewith, and owes to that infufion its civil and mi- 
 litary glory* 
 
 Anne was too kind a wife and mother to exercife 
 thofe mafculine qualities, which at the fame time 
 ftrengthen a throne, and difgrace a female charac- 
 ter. Tories forgot for a moment in their pleafure at 
 the death of William, the interruption of hereditary 
 right, or affe&ed to believe that James had no fur- 
 viving male iffue. Such fentiments fuited the inte* 
 reft and prejudices of the new Sovereign^ As 
 mod material changes were to be wrought in Ireland., 
 Ormond was appointed Lord Lieutenant ; his per- 
 fonal acquaintance, extenfive property, and heredi- 
 tary luftre of name, feemed neceffary to effectuate 
 that important purpofe. The legal body required 
 peculiar management in that political movement ; 
 the Viceroy, therefore, quickly became a Fellow of 
 *he King's Inns Society, and added that humble 
 
 nam
 
 KING S INNS. 257 
 
 name to the number of high appointments which 
 diflinguiflied him. The entry will give a copious 
 ipecimen of legal Latinifm, and be at leaffc forgiven 
 by the Irifh reader : " Memorand, quod decimo 
 octavo die Novembris Anno Dorninx noftrse, Annse 
 Dei gratia Anglire, Scotias, Francise & Hyberniae 
 Reginse fecundo, Praenobilis Jacobus Dux, Mar- 
 chio, & Comes de Ormondia, Comes de OlTbria & 
 Brechinio, Vice Comes de Thurles & Dingle, Baro 
 de Arklow et Louthenia, Archi P^iverna Hybernise, 
 Dominus regalitatum & libertatum, Comitatus Typ- 
 peraryenfis, Dux exercitus Regia^ Majeftatis in An- 
 glia i'ummus, Cancettarius Academiarum Oxonii & 
 Dublinii, Dominus fummus Senefchallus Weftmonaf- 
 terienfis, Dominus Locum tenens Regni Hyber- 
 niae, Comitatus Somerfetienfis, Civitatis & Comita- 
 tus Briflolii, Civitatum Bathonii & Wells, fummus 
 Senefchallus civitatis Exonias, Procurator & Guber- 
 nator Monafterii Londinieniis Carthufianorum. E fe- 
 cretioribus confiliis Reginse in Anglise & Hyberni^ 
 nee non illuftriffimi ordinis perifcelidis eques, ad hu- 
 jnillimam petitionem totius hujus- Societatis, fe inter 
 focios hujus hofpitii dignatur connumerari." Such 
 was the folemnity of admiifion into a country where- 
 in he was afterwards profcribed, and in which active 
 purfuit King's Inns aflbciates took a lively and pow- 
 erful lead. Accident, however, contributed to pre- 
 ferve the ancient earldom to collateral heirs : that at- 
 tainder was effectuated by an Ac~l of the Englifh 
 Parliament, and heads of an Irifh Bill to the fame 
 intent, therefore fupprefled in England. Fortunate- 
 ly the claim was heard during the crazy period of 
 
 S our
 
 258 HISTORY OF THE 
 
 our Independence the fuppreffed Bill was an incon= 
 clufive bar, and the Englifh Statute a perfect nullity. 
 Thus, the revered title of Ormond preferves its 
 Plantagenet rank. 
 
 Anne's mild manners claim refpect, though her 
 political principles merit execration ; they gave to a 
 Jacobite faction, and high-church party, an afcen- 
 dancy which nothing but perfonal favouritifm could 
 correct or cure. In forward flattery or real igno- 
 rance, the Legal Society exceeded their predeceflbrs 
 in the days of Cromwell, and equalled the corrupt 
 or fervile proftitution of our time. The ancient 
 fcite received a new and courtly appellation of 
 Queens Inns, as if there had been any analogy be- 
 tween its inftitution or object, and that of the Court 
 ef King's Bench. 
 
 In May, i 704, it was Ordered, " That noe per- 
 fon be admitted to the Barr, and practice as Barrif- 
 ter, until he mail produce an authentick certificate of 
 his receiving the Sacrament, according to the ufage 
 of the Church of Ireland, as by law eftablifhed, be- 
 fore his faid admittance purfuant to the late Act." 
 Though the profefled object of that laXv was to affix 
 an infurmountable barrier to Roman Catholics, the 
 reader fees, that by the extent of the preceding rule, 
 many clafles of dhTenters were thereby excluded ex- 
 cept they difgraced themfelves by occafional confor- 
 mity a practice to which, if Roman Catholics fub- 
 mitted, the boafted bulwark would be ufelefs. This 
 rule has never been directly repealed, but merely re- 
 laxed,
 
 'KING'S INNS. 259 
 
 lafced, and Proteflants are generally admitted with- 
 out the production of a Sacramental Certificate. 
 
 Let us, however, move from the gloom of reli- 
 gious criticifm, or difqualifying ftatutes, to a reflex- 
 ion upon courtly feafls and victorious joy : I find, 
 that at that period, the Viceroy, and oh his depar- 
 ture, the Lords Juftices, ufually got a ftate dinner 
 from the Society. Marlborough's conquefts alfo 
 made thefe grave veterans forget the law itlelf, but 
 from a laudable motive. Money is charged in the 
 accounts for fupplying bonfires and beer to the po- 
 pulace. Certainly that was the only table to which 
 they could invite fuch guefts ; yet, the entertainment 
 favoured of an overt aft of riot ; and the legal reader 
 will findj under the authority of a well-con fidered - 
 cafe in Blackftone's Reports, that a party injured 
 amid the tumult-, by fquibbs or crackers, could le- 
 gally fupport an Action againft the fapient providers 
 of fuch hurtful materials* 
 
 Ormond had a worthy afTociate in Sir Richard 
 Cox, who became an intereiled apoftate from Irifli 
 Whiggifm, and exerted official influence to circulate 
 the courtly fyftem of that day. The corrupt fpirit 
 of domeftic faction feconded and ex landed Eriglifh 
 Toryifm. To effectuate this important purpofe,- the 
 new Chancellor claimed the exclul ve patronage of 
 Sheen's Inns. ( ox's feelings fuggefted, that the ge- 
 nius of felf-intereft governs mankiiid, whereby ho- 
 nor and virtue become victims to that grim idol he 
 conceived that the 'legal body would, therefore, anx- 
 S 2 ioufly
 
 260 HISTORY OF THE 
 
 ioufiy follow, and fteadily fupport the distributor of 
 profeffional fame, fortune, and honor. As no pre- 
 fumption exceeded his arrogance, neither was inno- 
 cence or infignificance beneath the preiTure of his 
 malignity. Unlike the mild and accomplished Eng- 
 lifhman who fucceeded him, he meddled with every 
 matter within the Society, or through all the 
 Courts. 
 
 The Steward of the Queen's Inns was difplaced, 
 and a minion of the Chancellor's fixed in his room. 
 To render that place profitable, orders were ilTued 
 and repeated to enforce arrears of every kind. Caji 
 Commons formed an extenfive fund, and were to be 
 traced as far back as the year 1690. One pound a 
 year thus attached upon each Member. The demand 
 extended to every ruftieated pra&ifer, and operated 
 with an electric touch like civil free quarters upon 
 the legal community. What prudent man would 
 not prefer the payment of ten or twelve pounds, ra- 
 ther than encounter the licenfed flander of a pro- 
 tected dependent, or the relentlefs fury of a ruffian 
 armed with minifterial power, and by no means 
 fcrupulous in the exercife of it? Cox's vilion of 
 abfolute and lengthened dominion vanimed as foon 
 as the councils of Churchill, Godolphin, and So- 
 mers, gained their due afcendancy in the Engli/h 
 Cabinet. The kingdom was refcued from the fangs 
 of this apoftate, and a man, who needs no higher 
 character than that he was the bofom friend of So- 
 mers, was raifed from the ftation of Chief Baron, 
 and became Chancellor of Ireland. 
 
 " A Com-
 
 KING'S INNS. 261 
 
 ct A Committee was then appointed to take the 
 Steward's accounts from his acceffion to the fayd of- 
 fiae to the prefent Term, and to report to this Society 
 how they find the fame at their meetings in the next 
 Term. Dated January, 1707 8." The book 
 furnifhes no report on that fubjecl, nor whether 
 any, or what default appeared. But his continu- 
 ance for nearly five years without any demand of 
 accompt, furnifhes proof next to holy writ, how 
 that matter flood, and what was the motive of his 
 appointment. 
 
 If there be degrees in official infamy or guilt, ,a 
 greater attaches to the opulent patron, than the ne- 
 ceffitous or interefted Officer. Is not the exercife of 
 friendfhip fufiicient without an indulgence of plun- 
 der? Affected ignorance, upon fuch occafions, 
 forms a feeble fcreen ; were it even the commence- 
 ment of a bad character, it mufl fix an indelible 
 ftain, which renders a man in judicial ftation a fcan- 
 dal to Government, and a curfe to the country. 
 Under fuch circumftances the reader may almoft 
 imagine an independent tenure of judicial office 
 hurtful or ill advifed ; but as political pofitions fel- 
 dom admit of perfect good, the evil on one fide can 
 be but cafual or tranfitory, but on the other, fixed 
 and immoveable. 
 
 On the 1 5th of June, 1 7 1 o, a correct and fenfi- 
 ble alteration was made by the following rule : 
 " That every Barrifler, Six Clerk, or Attorney, 
 admitted to practice, be obliged previously to give 
 
 bonds
 
 HISTORY OF THB 
 
 bonds in twenty pounds, with fufficient fureties, to 
 the Treafurer for the time being, to perform and 
 obferve the rules, orders, and directions of the So- 
 ciety." If the indulgence of tyranny had not al- 
 ways been congenial with the legal practice of Ire- 
 land, the doubtful, abfurd, and cruel attempt to 
 deprive gentlemen of practice for the default of felf- 
 created and arbitrary dues, would not {lain the 
 King's Inns Records. Englifh focieties prefentecl 
 the above regular, mild, and conflitutional mode, 
 fuited to the genius of their Law, and the humane . 
 honefly of that country. It required a century to 
 convince arrogant and unprincipled Irilh placemen 
 of its aptitude and propriety, and even then it 
 needed fupreme legal ftation in the friend of Somers 
 to propofe it with a fuccefsful effect. This difmter- 
 efled and dignified act clofed that Lord Chancellor's 
 connexion with the King's Inns Society, and Irifh 
 Government. Freeman refembled his great friend, 
 by foftening the afperity of Law in Court, and me- 
 liorating its flatutable fpirit for future ages. Nor 
 can the reader be difpleafed on finding, that under 
 the fame honed Administration, Mr. Addifon was 
 enrolled a Member of the King's Inns, and became 
 an Irifh placeman. 
 
 The Steward was refloredby the Tory Adminif- 
 
 tration, together with his honed friend. However, 
 
 the fubordinate plunderer, and that abandoned affo- 
 
 ciate, graced the acceffion of George I. by a fecond 
 
 . and final difmiflal." In 1710, the Great Seal had 
 
 been given to Sir Conflantine i'hipps, and Cox con- 
 
 deicended
 
 K!NG*S INNS. 263 
 
 defcended to become Chief Juftice. The entry of 
 that Chancellor on the King's Inns Roll took place 
 whilft he was o"ne of the Lords Juftices, and in the 
 following terms, it is alfo the laft which appears in 
 the Latin tongue : 
 
 " Termino Hilarii, 1710, Memorandum quod Ex- 
 cellentiffimus, Conftantinus Phipps, miles unus 
 Dofifinorum Jufliciariorum hujus regni liibernias, et 
 Dominus Cancellarius ejufdem regni, ad humilem 
 petitionem jufliciariorum et aliorum jurifperitorum 
 hujus focietatis, dignatur fe inter focios hujus ho 
 pitii connumerari." The precedent appears a tran- 
 fcript of Chiehefter's in 1607, fo attentive are legal 
 Praclifers to flatter pride and official rank. We find, 
 however, that even high judicial flation might be un- 
 connected with the Society, and required a felicita- 
 tion or eledion to entitule the party to fuch place, 
 though the oppofite do&rine has been craftily in- 
 filled upon, and enforced in our day. 
 
 How humbled this Englimman muft feel, when. 
 the Great Seal was wrefled from his hand, and the 
 imperious prefumption of an Irifh flatefman dwin- 
 dled, into a (-hancery Clerk. They were too wife 
 at that period to give a difcarded Chancellor (who 
 had been fcarce four years in office) an ample pen- 
 fion for Jife, and enable him, in a comparative de- 
 gree of independence, to harrafs Government by 
 mean complaints, or an unprincipled oppofi tjon. 
 
 As Phipps v/as not raifed to .the peerage, he re- 
 fumed his ftation at the Englifh Bar, and became a 
 
 prime
 
 264 HISTORY OF THE 
 
 prime favourite with Jacobites and Tories. Under 
 fuch influence, refpedable legal talents enabled him 
 to attain general bufinefs, and encreafed, if poffible, 
 his political petulance. The habitual indulgence of 
 this vice led him into a difgraceful miftake. Phipps 
 feemed to confider official ft at ion as ilill encircling 
 him, and violated profeflional decorum at the Bar 
 of the Houfe of Lords, for which that auguft af- 
 fembly ino.ft juflly gave the offender a public repri- 
 mand. Thus difficult is it for an obfcure En^lifh- 
 man, difplaced from vifions of legal or political def- 
 potifm in Ireland, to refume the dignified correft- 
 nefs of public character, or the calm quiet of pri- 
 vate gentlemanly manners. 
 
 The Tory party had, however, the mortification 
 to fee the difcarded Chief of the King's Bench elect- 
 ed Speaker of the Irifh Parliament, not meaning to 
 retire even with that high rank, he returned to prac- 
 tice as a Barrifter, 
 
 In England, and before the modern ftation. of 
 King's Counfel exifted, precedence in the Courts 
 was attached to the office of Speaker. That right 
 might be unknown in this country, at lead no no- 
 tice is taken of it in a printed collection of Irifli 
 Cuftodiam Cafes, where the Speaker's name occurs. 
 Blackftone does not mention the Speaker in his clafs 
 of precedence. It is not necefiary to defend my 
 pofitionby quotation; I will rather account for the 
 omiffion of that profound and accurate writer no 
 Speaker had pratti&d for near a. century before he 
 
 wrote,
 
 KING'S INNS. 265 
 
 wrote, nor was the cafe likely to happen in future 
 time. 
 
 Little further matter occurs in the internal con- 
 cerns of the Society. It is, however, obfervable, 
 that in Anne's reign for the firft time, the word 
 Bencher appears. Even under this inftitution a cen- 
 tury had elapfed without its exiftence. Were it not 
 rather matter of pleafantry than Law, I may add, 
 that Sir Edward Coke would not defire a flronger 
 authority agaiuft the claim ; if non ufer is to have 
 weight againft the body at large, how many indivi- 
 duals mud yield to its force ? It is to a general non- 
 attendance that a few mifguided or defigning per- 
 fons owe the power of fanciful innovation and irre- 
 gular authority. 
 
 The Society, however, poured from its bofom 
 firm fupporters to the Hanover fucceffion at that try- 
 ing and eventful period, for no perfon can, in my 
 humble opinion, doubt the intention of Anne and 
 her Tory Minifters to fet on the Britim throne an 
 attainted Pretender. The childlefs Queen did not 
 enter into the motives which actuate politicians ; me 
 felt as a Stuart and a woman. Superftition even 
 rendered her the more zealous : The death of all 
 her children was attributed to the vengeance of Hea- 
 ven for difobedience to her father. An important 
 reparation, adequate to the fuppofed offence, flowed 
 from fecret and fuccefsful exertions in favour of an 
 unfortunate brother. It was eafy for an artful and 
 ambitious prelate or ftatefman to confirm this natu- 
 ral
 
 266 HISTORY OF THE 
 
 ral prejudice, by which their rank, wealth, and 
 power, would receive boundiefs flrength. Hale and 
 Monk were at leaft as fmcere Chriftians as Atter- 
 bury or Bolingbroke, yet neither felt any qualm at 
 a violation of their feparate fworn engagements to 
 the Englim Republic and Oliver Cromwell. 
 
 Though the flatefman and prelate are fcarce ref- 
 cued by mo ft eminent talents from national detefla- 
 tion, Anne's family feelings claim apology, and her 
 fuperflitious prejudice merits excufe. Did not fuch a 
 convulfed pofition diftract her reign, excellence of 
 perfortal character would compenfate for a defect of 
 political talents, and the dignity of royal flation be 
 fufficiently upheld to arreft the refpect of poflerity. 
 This amiable CXueen, and the Stuart line, feem to 
 merit the compliment paid by Pope to her natural 
 relation, the lad Duke of Buckingham, - 
 
 t( In whom a race for courage fam'd, or art, 
 " Ends in the milder merits of the heart ; 
 " And chiefs or fages long to Britain given, 
 *' Pay the laft tribute of a faint to Heaven." 
 
 The preceding obfervations are merely introduced 
 to juftify the wifdom and integrity of George I. in 
 a reliance upon, and employment of the Whig in- 
 tereft through his empire. That principle kept Ire- 
 land quiet during the rebellions which agitated Great 
 Britain, and encreafed her progreflive prosperity in 
 defpite of commercial restrictions or conltitutional 
 defects. The King's Inns Society felt the ufual pur- 
 gation
 
 KINGS INNS. 
 
 gallon in its leading Members. The judicial Benches 
 were cleared from prefumecl traitors and practiced 
 politicians, 
 
 Judicial guilt, at the clofe of Anne's reign, was 
 not merely uncommon, but general. Such as were 
 of the Privy Council figned a report contrary to evi- 
 dence, which was laid before them at that board. 
 The puifne Judges concurred in this falfity without 
 the warrant of any document. One of that body 
 folicited the caufe in England, and exhibited to 
 flatefmen a proof, that though Irifh commerce was 
 reftricled, its Judges made a lucrative traffic to the 
 Crown, and, by parity of reafon, to private parties, 
 of the property, liberty, and lives of fellovy-fub- 
 je6l?. Nor had thefe hardened criminals, or their 
 partifans, any excufe to offer, but merely pleaded 
 great zele againil the Pope and Pretender, though 
 nothing was more likely to introduce thefe foreign- 
 er , tharr the cruelty cr corruption of P rot eft ant 
 yudges. However, the whole groupe would be re- 
 moved on the acceffion of George i. had not one 
 man among them, made ufeful difcoveries, and to 
 the original crime of judicial corruption, fuperad- 
 ded the balenefs of an informer. 
 
 I will not exercife the feelings of a Proteftant or 
 Whig in fp partial a manner as to give an exclufive 
 merit to all the new Judges. Similar vices flained 
 many of them with thofe of their degraded and 
 timeferving predeceflbrs : in particular, an equal dif- 
 pofition to haunt the Cattle, and receive its oracular 
 
 affiflancs
 
 2 63 
 
 HISTORY OF THE 
 
 affiftance in popular or criminal trials. Thefe fuf- 
 picions have been confirmed (were proof neceflary) 
 by the confidential correfpondence of Primate 
 Boulter. 
 
 As this compilation is principally directed to the 
 legal Students, who are the growing hope of our 
 country, 1 mail feel ample recompenfe if they are 
 thereby animated to the perufal of the legal and ge- 
 neral hiftory of our Empire through all its variety. 
 In this clafs Ireland claims peculiar and diftinguifhed 
 precedence almoft every acre of it has been mark- 
 ed by confifcation, and the different principles of its 
 acknowledged law tarniflied by mifmterpretation or 
 tyranny. 
 
 The profound Montefqiiieu affirms, that Hiftory and 
 Law illu (Irate each other with a fpirit equal to his 
 \vifdom he inculcates the precept, and exhibits the 
 example. Let my young countrymen alfo imitate 
 his literary perfeverance, and " though wrapt in 
 admiration at the works of others, yet neither fink 
 into hebetude or floth." C'ourage will not then be 
 the leading feature of Irifhmen they muft take a 
 pofition equally advanced and dignified in the philo- 
 fophy of Hiftory, Science and Law. The firft Prince 
 of the Brunfwick line met in Irilh loyalty a return 
 fuited to the honefty of his intention and perfonal 
 character fuch an hiftory may be comprifed in a 
 concife political aphorifm, that the Prince was f/eafcd, 
 and his People happy. 
 
 Two
 
 KINO'S INNS: 269 
 
 Two memorable circumftances, however, occur- 
 red in his reign relative to Ireland j they do not 
 weaken the virtue of that Monarch, though each 
 powerfully marks the fingular misfortune of a Sove- 
 reign's living in a country, whofe Senate claims an 
 exclufive and paramount judicial or legiflative autho- 
 rity over the neighbouring State. Time has confe- 
 crated, with jufl oblivion, thefe corroding queftions. 
 A legal critic may amufe himfelf in the clofet with 
 fuch review, as accompanying reflexions upon ob- 
 folete branches of cur law, fuch as attaint, appeal, 
 or wager of battel ; but patriotifm and policy alike 
 forbid the ufelefs difcuffion of fubjects, which at any 
 time engendered heat between kingdoms, whofe in- 
 habitants are equally bound by public principle and 
 perfonal interefl to fupport, according to the motto 
 of old Lyttleton, one Law, one God, and one 
 King! 
 
 In 1721*, the Steward appointed in 1714 was re- 
 moved. The order appointing his fucceflbr, and the 
 memorial of that perfon, mew that complaints had 
 been made, and defaults proved againfl him this af- 
 fords an added inftance of the abufe of patronage in 
 this country, and that pride encourages fuch guilt. 
 The fecondary knave hangs upon his principal, and 
 roufes perfonal pride to intereft itfelf in the protec- 
 tion c-f official wrong. Private friendihip and public 
 principle require neither art nor hypocrify to dif- 
 chargc thefe facred duties, or uphold their hondt 
 claim. The patron need not blufh when he fupports 
 a proper individual againft competitors, however 
 
 meritorious;
 
 276 HISTORY OF THE 
 
 meritorious ; and the dependent or candidate who 
 expects more, gives a lively fymptom of intended 
 difhonefty, which ought to make :-is pardfans Ihrink 
 from the contagious contact of approaching dif- 
 honon 
 
 The Black Book concludes with an order of the 
 6th of January, 1721, to the following effect : 
 " That the firft Monday in the Term be the day ap- 
 pointed for Commons the Steward engages to ac- 
 cept of four millings and fix-pence for each Term 
 from e&chprafliticnet- for Cqft Commons., inftead of five 
 ihillir.gs formerly paid." The Order was made to 
 that effect, and that he demand no more. Two 
 days previous to the day of providing Commons, 
 gentlemen intending to be in Commons are to give 
 notice thereof to the Steward ; and to enforce the 
 above rule, all Barnf'ers and Attornies who have 
 not already entered into Bonds, are defired fo 
 to do. 
 
 An audacious and fingular forgery concludes the 
 above order, and is fymptomatic of the fraud and 
 tyranny conftantly fchemed^ and occafionally exer- 
 cifed againft the great body of the profefiion by pro- 
 fligate Minifters, or perjured Judges and their de- 
 pendent tools. I have delivered the fubltance of the 
 order . but, reader, mark, learn^ and inwardly digcft 
 the j'quel : In a different hand and iuk from the pre- 
 ceding part, or the correfponding pages, the follow- 
 ing lively addition is made : " and alfo Ordered, 
 That all perfons in arrear for co?nmom and -penfions^ 
 
 forthwiih
 
 KING'S INNS. 271 
 
 forthwith pay the fame, or they mall not be admit- 
 ted to pra&ice." 
 
 In ancient times Statutes were left at the end of 
 the Seflion for the Judges to reduce into form ; and 
 they have been charged by grave and fapient writers 
 \vith having foifted in new matter. Eighty years 
 have elapfed fince the preceding entry the foul 
 charge cannot, therefore, be brought home to any 
 individual or party in the Society ; but when this is 
 compared with the guilty intereft of fome, the reader 
 will readily believe that many documents have been 
 wilfully deftroyed, and that this mutilated book has 
 efcaped that wreck, merely becaufe its appearance, 
 texture and irregularity, would, it was hoped, deter 
 even patient dullnefs from a clofe and critical 
 perufal. 
 
 How long are the lights of the nation to be thus 
 fcbufed ? Are novelties not merely to be tolerated, 
 but the induilry of monks revived in gracing the in- 
 vention with ancient and correfponding imppfture ? 
 were fuch practices fuccefsful, profefibrs of Irifh law 
 could expedl no fecurity but in a flavifli fubmiffiou 
 triumphant tyranny would cover with its broad 
 mantle prefumptuous ignorance,- and malignant hy- 
 pocrify. Such fchemers feem to treat, by artful con- 
 cealment, the youthful or inexperienced part of their 
 brethren as Herodotus records the Scythians, who 
 put out the eyes of flaves left attention may be 
 diverted by that faculty, whilfl churning milk for 
 their inhuman oppreflbrs. 
 
 I find
 
 $72 HISTORY OF TH 
 
 I find the name of Chief Baron Gilbert figned td 
 that order. To whatever length his zeal for the 
 fubverfion of Irifh independence might lead him, my 
 mind is firmly convinced, that fuch abfurd and ille- 
 gal tyranny would be oppofed by that learned and 
 accomplifhed Judge, as variant from Englifh ufage, 
 and for a default which the Society had corrected by 
 an adequate and correfpondent remedy. The opi- 
 nion of Gilbert as to the benefit refulting from an 
 appeal to the Englifh Houfe cf Peers, muft alib be 
 confirmed by his perfonal knowledge of the igno- 
 rance, corruption or party-prejudices of his judicial 
 brethren ; for the roar of an interefted cabal in this 
 country has been generally miftaken as the found of 
 fenfe, and in almofl every change the judicial ftation 
 was confidered a party premium, and not a juft of- 
 fering to general learning, legal refearch, and unble- 
 mifhed integrity. There were few other places in 
 this kingdom to fatisfy a Miniflerial movement the 
 vices of the country have thus flown from the faults 
 of Government, and will totally difappear when the 
 juftice and purity of the Englifh fyftem has become 
 habitual at the Caflle. 
 
 The Great Seal was taken from Lord Midleton 
 in 1723. This event flowed from an attack in Par- 
 liament on account of an abfence in England, though 
 with leave from the Crown. This lafl and longefl vi- 
 fit was for fixteen months, and had been folicit- 
 ed on the fcore of ill health. If example could 
 fanclify an evil precedent, the Chancellor had many 
 to produce, in the perfons of two Englifhmen, Porter 
 
 and
 
 KINGS INNS. 
 
 and Methuen ; however, fome refolutlons were 
 voted, reflecting on his Lordfhip for not ftating 
 to his Sovereign the injury which the abfence 
 of fuch an officer muft occafion, both in the Courts 
 of Chancery and Exchequer Chamber. The plea 
 of known ill health, or being an Englifh Commoner, 
 did not avail as a defence ; which circumflance feem- 
 ed a fignal for his Lordmip to retire, as he could 
 not (moft probably) remove the former affliction, 
 and the fhield of fenatorial fituation was wreited 
 from him. 
 
 I will not guefs into the motives of individuals, 
 whether they originated in zele for the public good, 
 or in a concealed movement of Ministerial ma- 
 chinery ; though it is but juftice to add, that his 
 Lordfhip's official integrity and gentlemanly beha- 
 viour feem confirmed by this parliamentary ordeal ; 
 forfuch grounds, properly fupported, would fatiate 
 perfonal malignity, and fix upon the culprit indelible 
 difgrace. Broderick's family feemed to overtop the 
 houfe of Boyle in the county of Cork ; and his 
 Lordfhip oulted the Duke of Newca/Ue in a Sitffex 
 borough offences not to be palliated by official cor- 
 reftnefs, nor overlooked from companion to corporal 
 infirmity. His Lordfliip retired with fullen dignity, 
 but untainted character he even gave a pattern to 
 Englifh Chancellors of fuperior independence, with 
 refpeft to place or penfion ; for in that country fuch 
 an officer was in 1725 convidted of corruption and 
 tyranny ; yet, every part of the fentence, fave the 
 ignominy, operated as a dead letter the delinquent 
 
 T
 
 274 HISTORY OF THE 
 
 was continued a penfion, and his fon enjoyed a moft 
 lucrative fmecure. Sir Richard Cox in retirement 
 became confoled by this depreffion of his countryman 
 and rival, whilft another imp of Irifh party became 
 deeply mortified, 
 
 Chief Juftice Whitfhed conceived that the Great 
 Seal of Ireland was his defcendible right. Exclufive 
 cf parliamentary fervices in early life, he had merit 
 of a later date, and in a different line, to fecond 
 fuch claim perjured zele, and prefumptucus tyran- 
 nical practice in criminal trials. The Irifh Cabinet 
 expreffed a regret at not being able thus to fanclify 
 qualities congenial with their own. This memorable 
 man might efcape poflhumous remembrance, and 
 direct craft or corruption to temporary convenience, 
 and perfonal malignity, if his judicial profligacy did 
 not juftly provoke the fatyric pen of Swift. When 
 that great man mod loyally attempted to roufe torpid 
 Irimmen to a prefervation of property againft fraud 
 ftnd indirect robbery or to fuflain their private for- 
 tunes and ftarving artifans by an ufe of domeflic ma- 
 nufacture, honeft and nervous publications were con- 
 fidered libellous. 
 
 The Attorney-General, however, dared not fyle 
 an Information, and look for conviction. Indidmcnts 
 were therefore reforted to, in which entire bufmefs 
 Whitfhed became an intereftcdand envenomed partifan. 
 Each recorded tranfcript of Englifh mal-practice was 
 exercifed, whilft the plain principles of that code 
 were exploded or denied. If judicial purity mould 
 
 referable
 
 fcUffO'l KCN3. 2/5 
 
 referable female honor, we need not doubt, that 
 Whitfhed became foon callous to the call of c onfc ience, 
 and exercifed, without fcniple or even pecuniary 
 bribes i party hatred and perfonal malevolence in 
 many private caufes. His acquaintance was extenfive$ 
 and included a circle of fimilar characters. Their 
 cowardice or crimes often provoked animadverfion, 
 which evil pailions required indulgence, and fome- 
 times a fcreen. The pliant Chief Juftice was ever at 
 hand, fil'tciicd or encouraged patties, and courted this 
 infamy with fuch a forward approach, that his aflb- 
 ciates, or dependent minions, did not tremble or blufh 
 when they avowed Whitfhed's previous knowledge of 
 criminal bufmefs, and a pre-concerted judicial deter- 
 mination. Such rnal-pradice mud often fail of fuc- 
 cefs, if the Chief Juftice had not a fuitable affbciate. 
 and humble friend in Brother Boate. Thus, fe- 
 cure of a majority, the virtuous Caulfield was difabled 
 from effectuating any thing, except a difplay of un* 
 doubted integrity, and found legal knowledge. Even 
 Swift has not been fufHciently juft in this inftance 
 for the approbation of honeft Judges is full as nfeful 
 in a public point of view, as the keeneft cenfure of 
 fuch as are impudent or corrupt. 
 
 Since the practical abolition of the CafHe or Star- 
 chamber in tliis kingdom, the Court of King's Bench 
 is of mod material importance, and its decifions me- 
 rit a conflant review as aflfting life, or rendering 
 exijlence mifsrable by arbitrary and fevsre punifhmenis. 
 Without fuch firmnefs :md precaution novelty may 
 creep in, and at a proper diftance of time aflume the 
 T 2 appearance
 
 2j6 HISTORY OF TUB 
 
 appearance of legal precedent. Thus, in our time, a 
 capital convicl failed in arrefl of Judgment upon 
 points, which it was admitted would fuccefsfully 
 avail him at Weftminfter, fo powerful was Irifh inno- 
 vation againft Englijh jujlice. The well-known cafes 
 of Steevens Reil/y, and Magee, further illuftrate the 
 preceding attempt, though defuetude juflly marks the 
 reprobated extravagance of the former, and the Le- 
 giflature mildly abolifhed the malignity of the latter; 
 but the Judges met no appropriate cenfurefor either abufe. 
 Fiats and Attachments being thus allayed, the doc- 
 trine of Informations alone remains to erect party va- 
 riations or perfonal malignity upon a fubject too clear 
 for the dulleft legal blockhead to-miftake, and too 
 material for Parliament to overlook. Whitfhed fmifh- 
 ed his career by an implied avowal of guilt he foli- 
 cited the Great Seal, and on difappointment de- 
 termined, to fever himfelf from further proftitution, 
 by becoming Chief "Jujlice of the Common Pleas. The 
 fiat of an Engllfn Minider did not feel for the mu- 
 tual regrets of a corrupt Judge and obfcure Statef- 
 man ; the Great Seal was therefore given to a pam- 
 phleteering partifan, who died in fo fhort a time after 
 arrival, that his fervices would be totally forgot in 
 this country, but for the penfion fo long paid to his 
 family he was, however, a man of confiderable le- 
 gal talent, and unexceptionable perfonal character 
 whofe name has been rendered flill more refpeclable 
 by the cldiTic genius of one relation, and the naval 
 merit of another. 
 
 Chief
 
 KING'S INNS. 277 
 
 Chief JufHce Windham was raifed from the Com- 
 mon Pleas to the Chancery Bench.; a perfon whofe 
 conduct, as Chief Judge of an Irifli Court, gave a 
 good earned to the kingdom of the propriety of fuch 
 promotion. Unlike mod of his predeceflbrs, or fome 
 of his fucceffors, he tempered a natural difpoiition to 
 juftice with a correcl knowledge of general equity, 
 as exercifed through Europe, or ingrafted on. the 
 fyftem of Engliih Law ; his Court therefore became 
 an enlightened fchool, in which a mild ,and benevo- 
 lent Magidrate, by praclice and example, animated 
 the Bar to legal fkill ; he further fatisfied the nation 
 by a- marked difcountenance of party views, or the 
 perfonal interference of official attendants in any 
 matter fubmitted to his decifion. 
 
 The miniderial fituation of this country enabled 
 ftim to exercife another quality equally correfpon- 
 dent to the purity and moderation of his temper. 
 A leading commoner managed the lower Ho-ufe, and 
 upheld adminiflration with vigour and integrity, 
 whilft the link of official connexion with the Eng- 
 lifli Cabinet was upheld by a prelate highly entituled 
 to notice in an hiflorical review of the legal pro- 
 feffion. He too was a 'Member of the Kings Inns 9 
 and grafped in the vortex of his ambition, the ma- 
 nagement ff clergy and laity. My opinion of the Pri- 
 mate's private virtues and public talents is guided by 
 drift impartiality. The vices of a ftatefman be- 
 come the more dangerous when clothed with exterior 
 decorum, and an exercife of perfonal benevolence. 
 'jThus, feudal ruffians confecrated jcrimejs by dona- 
 tions
 
 2)8 HISTORY OF THE 
 
 tions to the Church, and clerical timefervers or tyv 
 rants, a Woo/fey, an Ximincs, a RichUeu, and a Boul- 
 ter, affected to atone for injuries in each country, 
 \vhich they managed, by an encouragement of par- 
 ticular charities or poflhumous foundations. The 
 reader (hall be gratified by the Primate's pen \vith 
 authentic proofs of his perfonal and miriifterial in- 
 tegrity. A few quotations from that un'exceptiona- 
 ble authority will juftly fuperfede the fallible affer- 
 tion of any man. P. 3. The independency of this 
 kingdom is a very popular notion, ib. The Par- 
 liament may fear the madnefs of the people. P. 1 1, 
 Whenever the Archbifhop dies, it is necefiary that 
 an Englifhman mould fill it. P. 12. As many Eng- 
 lifhmen to be fent, as may be with decency. P. 17. 
 The Englifh intereft to be thoroughly fupported. 
 Us from England, ivbofe hearts are ftill ivitft cur coun- 
 try. The only way of keeping things quiet is to 
 fill the great places from England. P. 1 9. No one 
 for the future but Englifhmen to be in great places. 
 The Chief Baron to be an Englifhman. P. 49. I 
 muft own we deferve no favour here. P. 64. Irifh 
 Lawyers inferior in fkill and experience to the Eng- 
 lifh. However, the patriot prelate deigns to con- 
 fult, on a law point, the Archbifhop of Canterbury. 
 P. 90. The two Chief Juftices to be Englifhmen. 
 P. 93. If an Englifh Bifliopbe fent, let it not be for 
 being good for nothing there. 
 
 If fo good a man could forget his duty as a pre- 
 late and minifter to the people with whom he refi- 
 fied, what confidence ought Irifrnnen have in in- 
 ferior
 
 INNS. 279 
 
 fcrior characters ? Similar fentiments operated upon: 
 the general clafs of imported placemen, who, by 
 mifmterpretation, fraud, and felf-intereft, upheld 
 the barbarifm and hoftility of- both countries in their 
 mutual administration. To fuch a man Lord (Chan- 
 cellor Windham cheerfully refigned the corrupt pa- 
 tronage and fyftematic fupport of an Irifh Cabinet. 
 In this manner the nation and its legal body was 
 ^governed during the reign of George I. upon whofe 
 demife the fceptre fell to his fon without any judicial 
 or minifterial movement in either kingdom. In par* 
 ticular, Ireland felt the natural reiult of peace an 
 encreafe of materials for food or manufacture cor- 
 refpondent to the fertility of her foil, and fuch ad- 
 dition to population as may be expected from the 
 temperate habits of an healthful and vigorous pea-i 
 fantry. But this honed Prince feems unfairly dealt 
 with by domeftic parties. Whigs enjoy a favourite 
 political pofition without an acknowledgment fuffi- 
 ciently ftrong in favour of the Monarch. Minifters 
 and felf-interefted followers are eager to transfer 
 the luftre of political meafures from the royal brow 
 to their own, whilft the great body of the nation 
 feldom enquire into remote caufes, provided they 
 are bleffed with beneficial effects. But the difcern- 
 ment of -George I. in a choice of Minillers, and his 
 undifguiied adoption of that party who unequivo- 
 cally acknowledged and adhered to the principles 
 which feated William on the Britilh throne, equally 
 prove bis fkill in the fcience, and integrity in the 
 management of Government. If he was ignorant 
 -of Englifh Law, his good fenfe at lead led him to 
 
 revere
 
 HISTORY OF THE 
 
 revere it. Though an ungrateful Courtier (from 
 motives of apparent ridicule) likens his qualities to 
 thofe of a plain German country gentleman, let me 
 add, that no character was more likely to make a 
 good Britifh King. The events of his reign cor- 
 refponded with this prefumption, which were in ge- 
 neral peaceful and profperous, whilft the Royal cha- 
 racter for bravery, candor, and humanity, flood un- 
 impeached. But Ireland owes him peculiar regard, 
 as her people were wifely encouraged to induflry, by 
 ^.withdrawing from practice, the progreffive feverity 
 of penal flatutes. Thus, George I. feems fully en- 
 tituled to be the parent of an illaflrious dynafty of 
 Kings, and may merit, from grateful poflerity, the 
 Roman's application to a living Prince, " That in 
 bravery, honefty, and humanity, he may refemble 
 George I. and govern an empire with equal profperity 
 and fuccefs." 
 
 King's Inns corruption or tyranny no longer 
 wound the reader's integrity or public fpirit. No 
 benefit was likely to refult from attempts at the lat- 
 ter, and there was no ground left to exercife the 
 former vice upon. Even the chambers of the 
 Judges became too ruinous for refidence or occa- 
 fional vifits ; nor were thefe grave characters dif- 
 pleafed thereat ; it furniihed them with a plaufible 
 excufe of declining evening attendances on judicial 
 bufmefs. The indulgence of hofpitable habits in 
 private houfes was more congenial with the national 
 character; this variation was therefore not only 
 overlooked, but popular. 
 
 The
 
 KING'S INNS. 281 
 
 The northern fide of Dublin had been increafing 
 in fize from the reign of James I. a long and regular 
 quayage marked that fide of the Liffey. Mer- 
 chants moved from the confinement of a walled 
 town to this convenient fituation, and refidents of 
 rank preferred new and airy ftreets to the fixed and 
 confined avenues of the ancient city. This influx of 
 inhabitants added to the number of parimes, and 
 neceffarily made the fite of houfes more valuable. 
 Members of the legal body were therefore eager to 
 convert temporary chambers into a fixed inheritance, 
 or obtain a vacant fpot for the erection of fuitable 
 town houfes. By this purfuit the polfcffipn of a 
 confiderable portion of the old Monarchy was 
 wrefted from the profeffion ; feveral families have 
 therefore no better evidence that their anceftors 
 were Members of the King's Inns, than the enjoy- 
 ment of fuch property. 
 
 Nor was the collufive jobbing confined to outlying 
 portions of the royal grant ; its pernicious fpirit 
 entered the precinct, and houfes have been built 
 where the walks and gardens of the Society were 
 formerly laid out. Whatever portion efcaped this 
 profeilional plunder has been filently encroached 
 upon by the neighbouring inhabitants, or forms the 
 fite of the Four Courts, and public offices, with a 
 few adjacent houfes. However, the rifing profper 
 rity of the nation did not contribute to ftrengthen 
 or beautify the King's Inns. The profeffion attained 
 an adequate advance in perfonal refpect and national 
 
 importance,
 
 HISTORY OF THE 
 
 Importance, whilft the manfions of its early fettle- 
 ment were finking into infignificance and ruin. 
 
 An alteration had not only taken place in public 
 manners, but in the conveniencies of private life. 
 A biennial Seflion of Parliament gave to Dublin the 
 leading expenditure of the nation, which city was 
 changed from a conventicle of monks, or garrifon 
 of military adventurers, into a populous, powerful, 
 and polifhed metropolis. The rifmg hope of the 
 country was there fixed for univerfity accomplilh- 
 ment, and enabled to feed dawning genius, not 
 merely with ancient learning, but an immediate re- 
 view of whatever was diftinguifhed at the Bar, or 
 eminent in the Senate. Many perfons, for the fur- 
 therance of fimily education, took fettled refi- 
 dences in Dublin, which cuftom became peculiarly 
 prevalent in the legal line. Where that was not the 
 cafe, accommodations for diet and refidence had fo 
 encreafed as to render collegiate habits not only un- 
 neceffary, but inconvenient. Above all, the Judges 
 lived in different parts of the town, and did not, even. 
 in Term time, attend King's Inns Chambers, as their 
 Englifh brethren do at Serjeant's Inn. 
 
 The preceding circumflances fully account for the 
 gradual decay of the buildings, and why no applica- 
 tion was made to Parliament for aid to repair or beau- 
 tify them. The only remaining mark of fuch a fitua- 
 tion confifts in the ufual clamor about caft Com- 
 mons and Penfions, a confiderable portion of which, 
 at different periods, funk into the pocket of the 
 
 Steward, *
 
 KING'S INNS. 283 
 
 Steward, or Under Treafurer, who was generally 
 the protected minion of fome leading member. Such 
 officers as efcaped the official contagion are there- 
 fore entituled to double credit. For the Steward's 
 benefit and roofing this judicial conclave, the con- 
 nexion feems to be continued. 
 
 We find, however, in 1732, that Doctor Caleb 
 Cartwright, a junior Fellow ot Trinity College, was 
 appointed Chaplain to the Society in the room of 
 Mr. Gibbons ; yet fach is the carelefs or mutilated 
 ftate of the latter exiting documents, that no entry 
 of Mr. Gibbons's appointment appears therein, nor 
 whether the fituation became vacant by that gentle- 
 man's promotion, removal, or death. This year 
 was alfo memorable for an attempted abufe of au- 
 thority, as flagrant, as unjuflifiable, and as infamous 
 as what affected the Society in the preceding cen- 
 tury, with refpect to Sir John Everard. 
 
 9 
 
 Mr. John Fitzgibbon applied for a call to the 
 Bar, with a moral and literary character not only 
 fufficient for the purpofe, but a fcrutiny into which 
 mu(t attract attention and refpect. Though de- 
 fcended from Popim parents, he underftood the 
 Law too well to apply without removing the effec^ 
 of fuch impediment. For this alfo a recent prece- 
 dent occurred in the cafe of a Mr. James Roche, 
 who was admitted a Barrifter in 1729. His educa- 
 tion in a French univerfity could not be a matter df 
 regular enquiry, as a college degree was neither 
 refpected nor required. 
 
 With
 
 384 HISTORY OF THE 
 
 With the preceding protections and qualifications 
 the reader may feel impatient to know what ground 
 of rejection could be fairly adduced againft him ; 
 it feems, ambition or lucre urged him to take and 
 publifh notes of cafes determined in Weftminfter 
 during a five years refidence in England ; they bear 
 flrong teftimony to his induflry and diligence, and 
 g.re worthy the imitation of Students. The want of 
 a judicial fiat was confidered indecorous, and even 
 induced Lord Hardwicke to confider them as no 
 authority, though, with the candor infeparable from 
 great ability, and the knowledge of a cotemporary, 
 he admits their accuracy. The preceding aifertion 
 of that great man proves the propriety of caution 
 in judicial diflums, 
 
 The Chancellor did not forefee that his intimate 
 friend, Sir Michael Fofter, would avow an indiffe* 
 rence for fuch certificate, and that an Officer of the 
 King's Bench, not deigning to publifli his Lordfhip's 
 decifions, exercifed a fimilar privilege, not only 
 with impunity, but applaufe. 
 
 An Irifh, and even a Munfter faction, circulated 
 with active malignity the propriety of marking a, 
 man by rejection, who had thus, in their opinion, 
 committed a direft contempt againft the Judges of 
 England, and which merited the vengeance of 
 their fubordinate and fubfervient brethren in this 
 Jdngdom. 
 
 This
 
 KING'S INNS. 285 
 
 This concealed and fudden attack \vas even car- 
 ried, and the' Chancellor left in a minority. Had 
 that great officer been a petulant, unprincipled, un- 
 feeling party-man, or an arrogant upitart, of vain 
 and innovating manners, he would gratify fuch a 
 difpofnion by a cruel and inconfiderate afifent to this 
 horrid ineafure. What would avail the complaint 
 of a young man, no matter how meritorious, rather 
 obnoxious to Government and Parliament from li- 
 neage and mode of education, alfo equally defti- 
 tute of connexion or public character to vindicate 
 the wrong. 
 
 In this eittire tranfaclion Lord Windham had the 
 cordial fupport of Chief Juftice Reynolds. They 
 refifted, from motives of Juftice, the attempt, and 
 agreed in thinking, that a perfon performing the 
 legal requifites enforced by modern Statute Law, 
 and the ordinances enjoined by prefcriptive autho- 
 rity of the Englifh Inns, had a right to be called to 
 the Irifli Bar ; that the Statute of Henry was a Di- 
 rectory Statute, ancillary to the preceding forms, 
 and which made the Chancellor an inftrument of its 
 obfervance, without giving a difcretion to a 1 elf- 
 created Irifli Society completely modern, of oblig- 
 ing the keeper of his Majefly's confidence to obey, 
 or refill the call. 
 
 At fir ft. the party ftrove to affect popularity, by 
 proclaiming the propriety uf confidering the King's 
 Inns ;\s equal to the Englifh Inns of Court without 
 paying any attention to the difference of its rife, 
 
 progrefs,
 
 HISTORY OF THE 
 
 progrefs, and management, or reflecting upon the 
 inalienable privilege of Irifhmen to enjoy the fuli 
 benefit of the Englifh Common Law, unlefs where 
 controuled by Statute authority; but they finally 
 and filently yielded to the Chancellor and Chief Juf- 
 tice. When the reader reflects on the excellence of 
 Mr. Fitzgibbon's perfonal, political, and legal cha- 
 racter, it mufl infpire him through life with an ad- 
 ded abhorrence of concealed, unfworn, and tyran- 
 nic difcretion. 
 
 In this inftance the voters have not been afcer- 
 tained. The junior Serjeants were, however, the 
 avowed, but fubordinate- leaders ; men, whom the 
 teader will find damned to merited infamy upon 
 legal and hiiloric record by the bafenefs of their own 
 acls one as a vindictive aflaffin, and the other as a 
 Popifli difcoverer. 
 
 No regular trace of the above abortive innova- 
 tion difgraces the King's Inns books, nor was it their 
 mode when a Student was poflponed. This altera- 
 tion was referved for the verfadle craft and malignant 
 effro-itery of our time. lam entituled to credit for 
 the preceding account, as delivered to me by a 
 gentleman well known, and juftly refpecced in his day 
 as an able Barrifter, and perfon of untainted honefty, 
 which information arofe in the following manner : 
 
 In my juvenile dsys I was weak enough to ima- 
 gine, that legal induftry a ! id general learning form- 
 ed a {hanger's undoubted recommendation to judi- 
 cial
 
 KING'S INNS. 287 
 
 cial countenance and favour. Such attributes I 
 thought attached to Mr. Fitzgibbon from his reports 
 and collegiate character. Mr. Dwyer Lyfter, to 
 whom I mentioned that circumflance as one caufe of 
 his rapid rife in profeffion, removed the illufion by 
 the foregoing detail. 
 
 If I have not paralifed the reader's purfuit after 
 literary fame, he will be curious to know whether 
 Irifli legal writers, or their works, underwent a fi- 
 milar ordeal, or by what concurrence of accident 
 they avoided the trying fcene ; the anfwer will be 
 concife and fatisfactory. No private Irifli Lawyer 
 ever incurred the penalty by publifhing a legal re- 
 port. Sir John Davis, and Chief Baron Gilbert, 
 deciphered with fmgular ability, and by a copious 
 commentary, the leading decifions of their day. 
 The cafe of tenures was alfo compiled by Baron 
 Barry. The two former were Englishmen, who 
 either had the countenance of Government, or the 
 protection of rank and character, to circulate their 
 works, and the laft was a ftate compilation. I am 
 far from thinking a multiplication of cafes ufeful, 
 but when circumflances occur of intricacy or no- 
 velty, and the determination has- been had after fo- 
 lemn and elaborate argument by a learned Judge or 
 Court, fuch a report becomes highly valuable ; it 
 does not form the lumber of a Law library, bnt elu- 
 cidates and confirms a doubtful poi- it, or eradicates 
 eftabliflied error, and fanctifks the change. 
 
 Even
 
 288 
 
 HISTORY OF 
 
 Even Englifli Courts will always refpeft fuch 
 
 well-weighed Irifh decifions, and fupport, under 
 
 proper limits, our conftruction or interpretation of 
 
 received maxims and acknowledged Law. There 
 
 have been, however, cafes which in no poffible pofi- 
 
 tion could be referred to Englifh jurifdiction ; fuch 
 
 have always been the trials of Peers. Irifh nobies 
 
 have not been exempt from human frailty or ciirnes 
 
 four have therefore within the two lad centuries 
 
 been tried for murder. In each, new, fmgular, and 
 
 original legal points, may be prefumed to come un- 
 
 der debate. The firit cafe was before the Revolu- 
 
 tion, in the perfon of Lord Dunboyne. The law of 
 
 peerage was then the fame in both countries. Lord 
 
 Netterville was tried during the fitting of Parlia- 
 
 ment, in the reign of George II. Lord Santry's 
 
 conviction alfo occurred a fhort time after, but dur- 
 
 ing a prorogation of Parliament. No regular ac- 
 
 count has been publifhed of the preceding impor- 
 
 tant matters. 
 
 Another nobleman was tried for murder in 1798, 
 a memorable year in Irifh annals, when the triumph 
 of legal authority over the higher ranks, ought to 
 be fully and faithfully difplayed to the lower claffes. 
 This bufmefs was, however, fmothered for want of 
 an authenticated publication. The reader mud al- 
 low me to ftate fome points which appear on the 
 Journals : There was no profecution ; a notice 
 figned by the noble .Earl was fworn to be ferved on 
 the widow of the deceafed, and alfo on his fon and 
 daughter. ~ They refidcd in London. The notice did. 
 
 not
 
 KING'S INNS. 
 
 hot flare that the party was in cuftody, but that he 
 would, forthwith. No evidence was given to af- 
 certain whether the fon or daughter were children, 
 or grown up. The parties were, however, to take 
 the word of an indifted felon, and crofs the fea, or 
 fail in the profecution, 
 
 Another curious circumftance occurs, which il- 
 luftrates our (late of juflice A notice was ferved 
 upon the Attorney General: What! had he no- 
 thing to do with the imputed crime ; or did that cri- 
 tical year fo overwhelm him with Cuftle intrigues, 
 or the punifhment of Commoners, as to fuperfeJe 
 an official review cf the peerage ? This trial, thus 
 fceglecled by the law fervants of the Crown, might, 
 in the opinion of the noble triers, be a cafe fit to be 
 put off until the thrown was able to arrange the pro- 
 fecution^ and due vigilance exercifed to bring for- 
 ward that evidence. After the noble prifoner plead- 
 td not guiliy^ how great the embarraffment ! By 
 what principle or precedent could the trial be then 
 delayed for the purpofes of fu'oftantial juflicc ? 
 Haftings's cafe would not apply either in the effect 
 of the profecution, or its management. I merely 
 fubmit the preceding pofitions to the reader's re- 
 flexion; if they appear new or extraordinary, the 
 trial mould be publimed according to modem 
 ufage* 
 
 The Union Act has, in this point of view, fixed 
 a double character on the Irifh Peerage whilil 
 Members of the lower Hoiife of Parliament, they 
 
 U are
 
 HISTORY OF THE 
 
 are fubjeft to the ordinary trial of a Commoner. Let 
 us enquire whether there be any cafus omifji in the 
 double viewed provificns of that celebrated Statute. 
 If an Irifli Peer flood in the fhoes of Sir Francis 
 Burdett, and pending the Biennial Petition for Mid- 
 dlefex, was charged with felony or treafon, it would 
 be mercy to the public or the party, to difpofe of the 
 bufmefs in an expeditious legal way. No adequate 
 anfwer arifes from the obfervation, that until oufted 
 by petition, the Irifh Peer is to be treated as a Com- 
 moner. But, fuppofe him arraigned on a charge of 
 High Treafon, before the Englifii or Iriih Court of 
 King's Bench, and the Prifoner and Crown thus at 
 iffue ; mould an expulfion, or oufter by petition, oc- 
 cur between that day and the time appointed for trial, 
 in what manner is the ferpentine coat of Hibernian. 
 Peerage to be eluded or controuled ? Is that a ftage 
 for the removal of criminal procefs by Certiorari ? If 
 old eflablifhed law cannot reconcile this contradic- 
 tion, does the Union Aft, in any or what manner, 
 folve the riddle ? Has the lively farcafm of Swift 
 been realifed ; and is Ireland, in fac\ become the 
 floating ifland of law ? That ternpeftuous whirl- 
 wind has difturbed it for feveral preceding centuries 
 the late memorable movement ought, therefore, 
 to fix our (late at anchor. 
 
 I fear, that when patience and impartiality have 
 guided Irifhmen or Britons to an accurate review of 
 its various provifions of finance, commerce, or ma- 
 nufactures, explanatory ftatutes will be neceffary to 
 fortify or perpetuate an equal fyftem of benefits to 
 
 both
 
 KING'S INNS. 
 
 291 
 
 both iilatids. Let us mark an apparent omiffion, 
 equally hoftile to acknowledged prerogative, or the 
 proper progrefs of the eftablifhed Church. The 
 union of bifhopries is a mere creature of policy, 
 vefted in the Crown from time immemorial, or at 
 lead annexed to the royal character as Head of the 
 Church. The feverance of Sees hangs equally on 
 the Sovereign's will, and may be exercifed with 
 great wifdom, according to extent of population, or 
 other exifling circumftances. Did the improvements 
 of Clonmell fuggcft for its See of Lif?ncre an infu- 
 lated renovation ? or extent of territory occafion a fe- 
 verance of the Kingdom of Kerry from the dioc-sfe of 
 the bifhop of Limerick? or was Ardagh, already fepa- 
 rated by locality from Tuam, to be reinftated as afole 
 Bijlioprick ? Would not his Majefty, as a nurfing 
 Father of the Church, merit applaufe for the preced- 
 ing alterations ? Is he retrained by the Union Ad, 
 which, however, limits the number entitled to peri- 
 odic.'/ i; ats to eighteen? Are the preceding ancient 
 bifhopries to enjoy baronies without the ufual legal 
 privileges? nor would it be a grievance -of much 
 lei's magnitude, were a corrupt Mmifter to accumu- 
 lare epilcopal unions, with intent to fecure pliant 
 voters. 
 
 I merely advert to flatutable omiffions, and do 
 Hot enter into criticifms upon the political object, 
 method of attainment, or variations from the Scot's 
 Union, with the motives of individual voters. Even 
 fince the preceding obfervations were wrote, a new* 
 and uncxpc&ed occurrence bears againit the appa- 
 U 2 jent
 
 292 HISTORY OF THE 
 
 rent accuracy of the Union provifions. Had Mrv 
 Ponfonby* refolved to continue in the Commons 
 
 Houfe,. 
 
 * When MefTrs. Erfldne and Ponfonby were appointed to 
 their refpe&ive Chancellorfhips, it was ftated, that the former 
 was the fecond Scotfman who held the -Seals of Great Britain ; 
 and alfo added, that the latter gentleman was the fecond native 
 of Ireland who prefided in its Chancery Bench. Let us try, 
 whether the beft mode of combating profcriptive or impudent 
 fal/Joood, be not an adoption of firmnefs and undoubted truth. 
 On the revival of the King's Inns in 1607, a Vv'elchman held' 
 the Great Seal of Ireland; bat as it is my determination to 
 niete out csnfure or praife, with impartiality, to the men of 
 every country, that learned and incorrupt prelate has already met 
 fuch confecration in the King's Inns Remembrancer^ publifhed laft 
 year. Since that Chancellor's deceafe, a period of 187 years, 
 ihe IriiH Great Seal has been held by natives for upwards of a 
 century- No nationality can be fufpe&ed in criticifms upoa 
 Irifhmen< they were (fome at leaft) ftained with mmfterial ver- 
 fati'lity, or courtly vice ; but, without exception, men eminent 
 for perfonal jirmnefs, clcijjical learning^ legal judgment, and polili- 
 f at talent. Whereas fome of our Anglo-Irim Chancellors feem 
 to be fent Hie Bfinps from England that is, (according to Dr. 
 .Boulter ) for being goo d for nothing at home. Their Memoirs mufe 
 form an original and inftru&ive Work, though the materials 
 would be often mean r and moftiy vicious , 
 
 I acknowledge perfonai'ob'ligatJons'to Mr. Ponfonby, which 
 are meafured by refpeft for him, and not their actual extent. 
 They were alfo received with double pride, from an humble 
 hope, that th-e kindnefs was partly a fceiHtnony to political pu- 
 rity ; but fuch favours muft be jnftly cancelled on the altar of 
 public juftice. The defcendant of Cavendi/h and Rujfell, how- 
 ever, gives better hope, and will faithfully explain, as well as 
 firmly uphold, that unrivalled Legal Conjlitution, which the for- 
 mer ftruggled for with unjhaken courage, and the latter ce* 
 ttiented with bit imidant Hood. Should a melancholy neceifity 
 
 enforce
 
 KING'S INNS. 293 
 
 Houfe, and unite fuch fituation with his high office, 
 In what manner could that gentleman be obftru&ed 
 from holding fuch feat ? He is no yudge ef either 
 Kingdom, nor the Chancellor cf Great Britain ; but 
 the latter is ex officlo Speaker of the Houfe of Peers, 
 though a Commoner, and upon that account inca- 
 pable, from time immemorial, of fitting in the Houfe 
 of Commons. But this circumftance does not affect 
 an Irifh Chancellor in the Imperial Parliament. If 
 the fpirit of a Statute can fupply omiffiori, there 
 would be an end both of Liberty and Law. Let 
 me, however, illuflrate the criticifm 'with conclufive 
 legal ftrength, on a Writ of Error or Appeal : When 
 the Chancellor of Great Britain is a Commoner, 
 the Houfe of Lords would violate the law, and fo 
 far fubvert the Conftitution, if they referred to him 
 any point upon either, or blended an alien opinion 
 (however able) with the Judges of the Land. 
 
 But it may be faid, that the Houfe may refufe to 
 receive him. What ! brand a man by expuljion or 
 incapacity, diflinguifhed by noble dcfcent, legal genius, 
 parliamentary talent, and perfonal integrity. Such a 
 vote would revive Wiikes's cafe with a malignant 
 comment ; befides, no reafon could be offered from 
 analogy, which did not- apply to the Irifh Chancel- 
 lors, Mcthuen, Weft, and Midlctvn, who refpec- 
 
 k lively 
 
 enforce the choice, I will forget my friend, but remember the 
 country ; and in fuch cafe, adl as Lord Rujfcll would by bis 
 father, 
 
 " Ad panam pulchra pro lilertatc vocabo "
 
 HISTORY OF THE 
 
 lively fat as Commoners, whilft they held the Great 
 Seal of Ireland, and were fuppofed, hy Englifli Se- 
 nators, to hold a fubordinate but connected judicial 
 feat. I am not fearful that Mr. Ponfonby will bring 
 the point into difcuflion; he has already attached 
 hinifelf, v.iih unabated diligence, to difcharge an 
 Herculean tq/k the increafed and accumulating arrear 
 of Chancery bufmefs. That gentleman alfo declar- 
 ed a determination to fit a confiderable time previous 
 to Term---a meafure never adopted by any predecef- 
 for for the Jaft thirty years. The convenience of 
 practicers merits every attention, but the national in- 
 tereft fuperfedes that fedu&ive plea, and powerfully 
 marks the Chancellor's official motive. 
 
 I do not offer the preceding ebullitions of Union 
 inaccuracy, as an apology for thu engaging to write 
 an Hiftory of that great meafure, with an appropriate 
 preliminary difcourfe. Honeft fellow-fubjefts will 
 overlook many defecls from integrity of defign, and 
 ufefulnefs in the fubjccr.. Accuracy of legal quota- 
 tions, or extent of refearch through the Statutes of 
 England, Scotland, and Ireland, may be relied upon 
 that laborious drudgery is within my power, and 
 rendered amufive by conftant habit even a compi- 
 lation, bottomed on fuch principles, may be in- 
 flructive, and a faithful guide to a future philoibphic 
 hiflorian. 
 
 " Ergo fungar vice cotis, acutum, 
 <f Reddere quae ferrum valet, excors ipfa fecandf." 
 
 The
 
 KING'S INNS. . 295 
 
 The proceedings of the Trim Bench were generally 
 tinctured by the leaven of party, and an hereditary 
 difpofition to tyranny. The model of Englifh milJ- 
 nefs or regularity, made but a feeble impreffion ; re- 
 currence mutt be had to unpra&ifed rules, pregnant 
 alike with malignity and legal ignorance. The dif- 
 tincl: name of Bencher had, in the reign of George 
 II. become familiar and well knbwn a voluntary 
 legal alfociation, degenerated into a perfect refem- 
 .blance with a clofe or rotten Corporation. The 
 Members afiumed interefted political vices, without 
 any ufeful pretence for a connected continuance. No 
 part of the ancient Monaftery remained in the imme- 
 diate poffeflion of the Society, except the moulder- 
 ing Chambers of Judges, with a few in the occu- 
 pancy of clerks in the public offices, -or abandoned 
 by them to the fojournment of proftitutes and thieves. 
 Preceding plunderers had legalized, by length of 
 time, the outlying ground againft every title but the 
 Crown. The rulers were reduced, as in our time, 
 to the mere mifmanagement of exifting income, or 
 the concealed embezzlement of eftablifhed afleff- 
 menu. 
 
 Parliament did not indifcreetly affix taxes, and flu r 
 dioufly exclude them from the review of national ac- 
 countants ; thus, there wanted any fufficient pledge 
 for perpetuating a flagrant job, which fuperfedes by 
 comparifon the craft of monkifh legends, or legal 
 mal-praclice. Even under the preceding degrading 
 difadvantages, Commons continued. About the year 
 1736, we find the Chancellor's Termly charge,
 
 fig6 HISTORY OF THE 
 
 / 
 
 fil. is. 4d. a Chief Juftice, il. 135. 4d. ^a 
 puifne Judge or Bencher, i6s. 8d. a Barrifter or 
 Attorney, 8s. 4d. Notwithstanding thefe moderate 
 fums, the Hall feems to have been fo flenderly at- 
 tended, that the old orders were revived the lafl 
 to that effect, appears in Trinity Ternij 1736. 
 
 The correct, adequate, and conftitutional mods 
 of enforcing thefe arrears, through the medium of 
 the bond, was overlooked or abandoned ; to difbar a 
 Daly, a M alone ^ or an (FCallagban, for not paying 
 arbitrary penfions or attending collegiate Commons, 
 (could it legally be done) may correfpond \yith the le- 
 giflative or executive habits of a pertain clafs of Judges j 
 who are thus deicribed by the late Mr. Juitice Ro- 
 binfon, in that well-known pamphlet \vhich occafi- 
 oned his elevation to the Bench : " Whofe hiflory, 
 in a judicial capacity, would furnifh more atrocious 
 barbarities than any robbers in Jiory but parTed unnQ- 
 1'iccdy uncenfured^ to the fcandal of all ciiil fociety" 
 Such were the fendments of a learned co-temporary 
 Barrifter, from which defcription it would be arro- 
 gant and unfounded in the reader or me to diflent. 
 This laft arbitrary, though impotent movement, 
 routed the indignation of the Bar ; for we find that 
 they were refulved to afcertain their rights, or thofe 
 of the Benchers. 
 
 Profefllonai or perfonal fervitude is doubly galling 
 in a nation of freemen ; and to have it eftablifhed 
 among praclifcrs, who, with a few dignified excep- 
 tions, view each other with envy, jeahufy or diftrujl 
 
 p converts
 
 KING'S INNS. 
 
 -converts a private mifchief into a national evil, 
 Under fuch circumftances, flaves alone would attend 
 the Courts who muft fubfcribe to every interefted 
 and time-ferving doctrine iffulng therefrom, or even 
 degrade ingenuity in its illuftration and fupport, 
 Theie obvious confequences led the Bar t,o demand 
 n infpe&ion of the King's Inns books, as even the 
 prefumption of ignorance could not impute prefcrip- 
 tive tyranny to Englifh law, cr the practifers of that 
 celebrated code. The Benchers acceded to the rer 
 queft with becoming promptitude, in the following 
 terms ; 
 
 " November, 1736, Ordered, That Mr. Parkinfon 
 or Mr. Marihall, on the part of the Utter Bar, have 
 liberty to infpel the books," We do not find any 
 refult of this infpeftion ; it is more than probable 
 that Wlndham and Reynolds fmothered the virulent 
 malignity of a few degraded Benchers, and alfo 
 prevailed upon the legal body not to perpetuate the 
 fcandal by a publifhed report. 
 
 The reader may feel furprife, that Irifli Attornies 
 (a moft independent clafs of men) did not provoke 
 a fimilar enquiry. Their refer ve did not flow from 
 the felfiflmefs of permitting others to fight their bat- 
 tles, and availing themfelves of the event it arofe 
 from a popular miftake as to their ftate and profef- 
 fion. Judicial difcretiou in this afflicled land, has 
 been reprefented as the law of tyrants, and becaufe 
 Judges are enabled to admit Attornies in their feve r 
 ral Courts and bound to remove fuch as are clearly 
 
 convicte4
 
 29 HISTORY OF THE 
 
 convicted of practical delinquency. It has bceft 
 vainly imagined that they have no meafure to be 
 guided by in the exercife of either, but an arbitrary 
 and unfworn difcretion. To relieve honed magif- 
 trates from fuch an imputation, and reinftate the re- 
 prefentatives of fuitors in a, full firmnefs of here- 
 ditary right, can never be an ill-timed or improper 
 aft. 
 
 They are as indepen4ent of the Judges, as the lat- 
 ter are of Parliament fome evil deed muft be prov- 
 ?d, to warrant judicial or fenatoriai cenfure. When 
 innocence or honor (mould that melancholy cafe ever 
 happen) is wounded by fuch bafe attack, in a Court 
 of Juftice, or by either Houfe of Parliament, my 
 fellow-fubjects will, I truft, vindicate the wrong, 
 and feel, in the manly language of Lord Holt, the 
 intended oppreffion of an individual as an injury to 
 them all. In 1738, Mr. Marfhall was created a Ser- 
 jeant, and in 1754, a Judge. A feleclion of that 
 gentleman was extremely judicious ; he had an ac- 
 tive perfevering mind, a warm intrepid temper, and 
 a judgment fufficiently fevere, to diftinguim between 
 hollow profeflions and practical inclinations to tyran- 
 ny. Such perfon was well calculated to deprefs a 
 guilty groupe, not more by perfonal courage, than 
 wndifguifed contempt. In the fucceeding year, Lord 
 Wyndham refigned, to the regret of every honefl 
 or inttlligent Irifhman, having rendered a name, me- 
 morable in England for wifdom, public fpirit and 
 eloquence, a fubject of grateful regret to the Iriih 
 nation. His retreat was alfo unmarked by penfion, 
 
 place
 
 KING'S INNS; 299 
 
 place or reverfion ; not that I think fuch rewards 
 ill-iuited or unbecoming the quietus of an able and 
 impartial Judge ; but the puifuit, whilft in office, 45 
 not only difgraceful, but criminal. 
 
 Robert Jocelyn, Attorney General, became Chan- 
 cellor j a gentleman of unimpeached political cha* 
 racier, amiable private manners, and diftinguiilie4 
 legal ability. Thefe paffports to poflhumous fame 
 are, however, often unfuccefsful in the Four Courts. 
 But an youthful acquaintance and profeffional inti- 
 macy with the Earl of Hardwicke fecured his pro- 
 motion. Lord Jocelyn has higher, and more laft- 
 ing merit, than obfcure Chancery Records ufually 
 convey. He united lettered tafte with official in- 
 tegrity, and wifhed to redeem the darkened annals 
 of this country from fable or falfhood. With this 
 view he became the patron of Harris, whofe induf- 
 try was unabated, but which failed of fuitable fuc- 
 cefs from an anxious attention to the influence of 
 exifting power, and a proportioned negfecl: of pof- 
 terity. Had the Chancellor met a Lawyer of fupe- 
 rior merit, turning from lucrative allurements to 
 lettered purfuits, fuch an enlightened individual 
 would probably be encouraged, and rewarded with 
 fuitable care ; yet the preceding exertion forms a 
 monumental foliage, and throws a lading luftre 
 r ound that nobleman's character. 
 
 Thus, -Chancellor Ellefmere is remembered with 
 refped, not for his argument, entitled the Cafe of 
 Poft Nat!, or an impotent criticifm on Coke's Re-. 
 
 ports,
 
 5OO HISTORY OF THE 
 
 ports, but as the patron of Sir John Davis. The 
 political verfatility, or imputed crimes of Shaftfbury, 
 are forgot, when we .reflect, that an Author was 
 formed under his fhade, who made " the whole in- 
 ternal world his own." Chancellor Bathurfl's pe- 
 rimable imbecility is atoned for by directing official 
 ftation and influence to the protection and promotion 
 cf Sir William Jones ; 
 
 " Of that fond Spirit whom th' Afian Mufe 
 " So deeply fteep'd in all her fragrant dews, 
 " And o'erwhofe early work his mental feaft, 
 " She pour'd the fweetnefs of the rifled Eaft." 
 
 Chief Juflice Reynolds was alfo removed fliortly 
 after, and thereby enabled to exhibit, on the Eng- 
 lifli Bench, thofe profeffional talents and accom- 
 plifhed manners which endeared him to the malig- 
 nant and unprincipled parties of this diffracted 
 land. Henry Singleton, an Irifhman of fuperior 
 legal talent, and 'equal perfonal virtue, filled 
 that vacant ftation. This gentleman was the laft 
 Treafurer, during whofe official ftation Commons 
 were held ; a circumftance not otherwife to be ac- 
 counted for, than that the univerfal fenfe of the 
 profeffion and nation was againfl their neceffity or 
 Dfe. About this time two p.uifne Judges were ap- 
 pointed from England, equally deftitute of proper 
 legal knowledge, but different indeed in every other 
 refpecl:. The one, eminent for claffic tafte and fci- 
 entific knowledge ; the other, an illiterate hackney 
 clerk, bred in an Equity Office, and incapable, 
 
 from
 
 KING'S INNS. 30^ 
 
 from the confirmed meannefs of early habits^ to 
 diiplay profeffional (kill, or. gentlemanly manners,' 
 King's Inns accounts are interrupted, and arreft a 
 further regular progrefs. I did not, however, limit 
 obfervations by law, nor fetter attention to Coun- 
 cils or Commons, the reader will therefore permit 
 me that continued privilege, and thereby uphold a 
 connexion of narrative, until the late revival, by oc- 
 cafional occurrences, till innovation at lafl led to 
 princely ftruftures and unexampled expence. I 
 may alfo be now indulged in a greater latitude, for 
 no internal document appears until the year 1754, 
 when Chief Baron Bowes is entituled the Treafurer. 
 The reader will probably expect a detail of its per- 
 icnal property at the time when the Society funk 
 into abeyance j no fuch, however, appears. Thus, 
 the craft or impudence of latter times has baffled my 
 refearch. "W nat a pity that fymmetry was not given. 
 to the defign, and the preceding memorial funk with 
 its authors I 
 
 From the inftitution in 1 607, the office of Trea- 
 furer was annual ; it -partook of no emolument, nor. 
 could it be attended with any material trouble, which 
 may incommode the mod felfifh mind; for an Under 
 Treafurer was elected from the Society at the no- 
 mination of thre Treafurer, to continue during his 
 time, and aid the principal in thofe necefifary, but in- 
 figiiificant duties. A Penfioner was added by a fimilar 
 election, from, and by the body at large, wliofe em- 
 ployment it was to collect the termly penfion<; affelTed 
 each other by this felf-created and fub;. 
 
 Society.
 
 3C2 HISTORY Of 
 
 Society. This office became peculiarly trouble- 
 fome a Barrifter, or Attorney, was to folicit from 
 his fellow Practicers in either line, trifling dues, or be 
 accountable for the negleft. Hence it was eafily 
 forefeen, that a fine was requifite to enforce its ac- 
 ceptance. On a fimilar principle we find, that the 
 dignified Ihrievalty of London and Dublin is fhield- 
 ed from declenfion, by a competent penalty. 
 
 There was no flruggle nor canvafs for either of 
 the Treafurerfhips. However, good fenfe yielded 
 to the vanity of imitation, and the latter offices 
 were fupprefled or difcontinued early in the reign of 
 Charles I. The more ufeful office of Steward fup- 
 plied their place. His fituation was fubordinate and 
 ancillary to that of the Treafurer. A Member of 
 the Society fometimes difcharged this duty, as ap- 
 pears from undoubted authority in Mr. Thomas 
 Bringhurft, the father of Dean Swift, and Mr, 
 John Smyth, and more frequently an extern of in- 
 ferior character. The Society, though vifibty en- 
 tered into on a frame of apparent democracy, verged 
 to ariflocracy, and terminated in the deteftable pofi- 
 tion of an oligarchy. The ftriking features of def- 
 potifm are vifible in every variation. 
 
 The original reftoration is marked by freedom, 
 honefly, public intereft, and perfonal convenience. 
 When the legal body aflented to the Union, lead- 
 ing members took advantage of an expected non- 
 attendance, and ufurped by improper, but con- 
 cealed entries upon the books, a language of fepa- 
 
 ration,
 
 KING'S INNS. 30^ 
 
 ration, which did not confine the indulgences given 
 to age or ftation to acknowledged confent, but to 
 the prefumption of fettled authority and prefcriptive 
 right. This attempt was craftily entered upon and 
 practifed by forne Judges prefuming to affign and 
 change chambers without permiffion from the col- 
 lective body of Barrifters and Attornies. The pre- 
 fumptuous perfidy was promptly and perfectly cor- 
 rected, and we have feen the diviiion of chambers 
 correfpondent to Freedom and Law. Rank and fta- 
 tion were reipected by their junior and gentlemanly 
 brethren, and the interference exerted to ftrengtlren 
 public principles, without any view to private or 
 perfonal intereft. Beaten from the ground of pub- 
 lic attack, craft feems to guide every future defign. 
 Chambers were necefTary for judicial accommo- 
 dation at that period ; the demand for fuch pre- 
 occupancy was therefore folicited on a. ground of 
 national good, and aflented to by profeflional inte- 
 grity, as an ufeful and popular meafure. The 
 whole fyftem feemed guided by the rules of an or- 
 dinary club, in which a few members merit thanks 
 in the outfet, by apparent zele and attention, but 
 provoke abhorrence in their progrefs, by a devia- 
 tion from the known principles of probity or ho- 
 nor. 
 
 When the chambers were confined to the circle 
 of leading members, there was no neceflity for any 
 new arrangement of general building, fuited to the 
 growing profperity of the nation ; fuch defign was 
 even effectually obilructed thereby. Satisfied with 
 
 the
 
 3^4 HISTORY OF f 
 
 the exifting chambers, the adjacent ground feemed 
 more defifable as the fite of houfes in their refpec- 
 tive families. Thus far they refembled a Corpora- 
 tion, and continued the mutual complaifance until 
 the entire furrounding property was completely dif- 
 pofed of. In every vicious or corrupt movement of 
 this kind, the exifting Government gave them fecret 
 encouragement and aid. To attack fubjects by an 
 hope of plunder, or awe them by a fyftem of ty- 
 ranny, was the unvaried feature of Irilh politics un- 
 der the detefled race of Stua'rt. In profligacy of 
 this fort they were not exceeded even when the three 
 kingdoms yielded to the tyranny of the faints, or 
 their active apoftle Oliver Cromwell. 
 
 The legal body was never fo funk in fervitude 
 and vice as not to produce dignified diflenters to a 
 confiderable number. Such perfons were objects of 
 malignant j'ealoufy to evil minifters, a'nd honored 
 with the peculiar hatred of their ovvn fal'fe brethren. 
 However, the Society neve? dared to interfere with 
 {he private, political, or religious conduct of any 
 man. The inflance of Sir John Evcrard ra'thef 
 confirms, than contradicts this general practice. 
 That r;blo Lawyer had been a! Judge, and refigned 
 f: i religious fcruples, yet on: every other point 
 J t . ies refpected his character, and bore teilimony 
 t<> it. He was admitted on the re-union of Irifli 
 Barrifters and Atfornies. His vigour and firmnefs 
 ronfed the vengeance of a Deputy, who' was juft 
 able to influence judicial took and pliant placemen 
 to remove him from Chambers and Commons. 
 
 ProfefHonal
 
 KING'S INNS. 
 
 Profeflional rank remained untouched, and no man 
 can doubt that party venom would move fo far, if 
 the aft was confidered confonant to Practice or Law ; 
 for the arrogance of a Viceroy, who had been a 
 felon, and of his Cabinet, who were alternately ty- 
 rants or flaves, did not prefume to confider his rank 
 as a Barrifter, affected thereby : had that been the 
 cafe, with all their pretenfions to Proteftantifm, they 
 would adopt one principle of papal policy, and re- 
 new a privilege which may afford a plaufible prece- 
 dent for abolifhing it upon a proper occafion. 
 
 At that period the practice of the Englifh Inns of 
 Court would be immediately reforted to, and the il- 
 legal ufurpation poffibly lead to an appeal from the 
 error or corruption of Irifh practice, to the wifdom 
 and integrity of Englifh Judges. A Coke, a Bacon, 
 or an Hobart, could, without much refearch, rival 
 the inferior emigrants from their country, and flat- 
 ter national pride by mewing to their Sovereign, and 
 all his fubjects, the fupremacy of legal learning in 
 England. My bed apology to the reader for any 
 occafional remarks will be a full and faithful account 
 of the Society's progrefs, equally in its (late of in- 
 nocent fomnolence, as of ferpentine activity. 
 
 In 1734, we find Lord George Sackville, then a 
 minor., not only chofen a Member of the Irifli Par- 
 liament, but elected a Bencher of the King's Inns.- 
 That diftinguifhed man was educated, during his 
 father's Viceroyalty, in the Univerfity of Dublin, 
 and the preceding petitions flowed from dignity of 
 
 X birth,
 
 306 HISTORY OF THE 
 
 mJ 
 
 birth, or paternal ftation. However, if the dawn-* 
 ing of youthful genius anticipated the lettered full- 
 nefs of maturer life, neither Senate nor Society are 
 degraded by this deviation from ordinary rule. 
 
 In 1745, we find Lord Chefterfield, his Secre- 
 tary, and Aids-du-camp, admitted Members, and a 
 new portion of Hate talent, gentlemanly manners, 
 and juvenile courage, infufed into its withered uni- 
 formity. In 1749, application was made to Parlia- 
 ment for an Ad to fettle the King's Inns, and fuch 
 pa{fed in 25th G. II. as a private one, whereby the 
 King's Inns was vetted in certain Officers of the 
 Court, and their fuccefibrs, for the purpofes therein 
 mentioned. Ten pounds each was advanced by fe- 
 veral members to defray fuch expences ; an aid ren- 
 dered unneceflary by the parliamentary and felf- 
 created taxes of our day. In 1754, a gratuity is 
 given to Mr. Belcher, the Solicitor of thofe acts, and 
 in that order Chief Baron Bowes is recognifed as 
 Treaiurer. 
 
 We alfo find, that the cuftom continued of en- 
 xolling the chief officers of the Four Courts Mem- 
 bers or Benchers; for in Trinity Term, 1757, 
 James, then commonly called Lord Vifcount Lime- 
 rick, having fucceeded Lord Palrnerfton as Chief 
 Remembrancer, was elected a Bencher, as his pre- 
 decefibr had been, though neither were bred to the 
 legal prcfeffion. Same Term alfo, Barry Maxwell, 
 afterwards Earl of Farnham, as Prothonotary of 
 the Common Pleas, became a Bencher. It is true 
 
 this
 
 KING'S INNS. 307 
 
 this nobleman was called to the Bar, but no utter 
 Barriiter, however eminent for talent or integrity, 
 was, ever fmce the feparation of ranks in the Soci- 
 ety, elecled to fuch ftation. 
 
 Old O'Callaghan, Malonej and Fitzgibbon, ne- 
 ver met that co-optation, though minifterial offices 
 obtained it for their refpeftive fons, and indeed for 
 every man fo circumftanced, even though he were 
 a difgrace to the Bench, or a blemiih to die Bar. 
 On the nth February, 1758, a Committee was ap- 
 pointed to report what anfwer mould be given to 
 the Surveyor General, purfuant to the order of Go- 
 vernment of the 1 2th of Auguft, 1757. A little 
 previous to this time Lord Chancellor jocelyn died, 
 and was fucceeded in office by Chief Baron Bowes. 
 Thus, Lord Hardwicke, in addition to his perfonal 
 and family fortune, was enabled to recommend to 
 the Great Seal of Ireland, fucceffively, two friends, 
 with whom he had been bred together in a Special 
 Pleader's office. The Court of Exchequer found 
 in Willes a feeble and inadequate Chief Judge, who 
 was but little aided by the claflic tafte of Mountney, 
 or the lively wit of Dawfon. 
 
 A fmgular political juncture fupplied this folemn 
 and extenfive defeft by the Herculean talent of An- 
 thony Malone. This extraordinary man had fo unl- 
 verfally read, and accurately retained, the whole lyf- 
 tem of Englifh Equity and Law, that its mod intri- 
 cate principles, or infignificant rules, were equally 
 familiar to him. A natural and nervous eloquence 
 X 2 -enf
 
 3OJ HISTORY OF THE 
 
 enforced each commentary on this profound afTem- 
 blage with fiich dignity, fluency, and eafe, that or- 
 dinary hearers felt furprife, when fentiments, claf- 
 fically delivered, and clearly underftood, thus flowed 
 from a legal code, ignorantly reprefented as defti- 
 tute of lettered ornament or hiftoric ftrength. Pro- 
 vidence added to fuch profeflional perfection a figure 
 peculiarly expreflive of judicial dignity. 
 
 Whilft Malone acted as Chancellor of the Exche- 
 quer, his colleagues nearly enjoyed a judicial fine- 
 cure, at leaft, in the equity line ; and might be pre- 
 pared, by his deeifions, for fubfequent able exertl- 
 tions, if in old age idlenefs or hebetude had not for- 
 bad improvement. During the Prefidency of this 
 great man, the Government refembled the King's 
 Inns Society : at that period, neither owed a foil- 
 lingi though each may be fubjeft to internal mifma- 
 nagement or plunder. Malone is alfo remarkable for 
 recommending Sallow's Treatije on Equity, then al- 
 jnoft unknown, to profeflional perufal and protec- 
 tion ; his piercing eye inftantly appreciated its merit, 
 as mellowing and methodifing the principles and pre- 
 cedents which muft permanently govern the fyftem 
 of our Equity Courts. Ju/linian, Lyttleton, or 
 Black/lone, cannot be more ufeful to the Students of 
 Civil or Common Law, than Ballow * is to the Prac- 
 
 licer 
 
 * The Reader will find in a life of Johnfon, (I believe Haw- 
 kins's) an account of an intended duel between another gen- 
 tleman and Mr. Ballow. It, however, did not take place. 
 One of the parties made a foleran vow, never to fight after din- 
 
 ocr ;
 
 KING'S INNS. 
 
 309 
 
 ticer m llat particular line, wherein principles are 
 fortified, and the judgment fixed without fatigue 
 to the memory ; but had this Irimman perufed Mr. 
 Fonblanque's Commentary, he would be equally 
 profufe in praife of its profejfional depth, and corrctt 
 arrangement. 
 
 Singleton then filled, the office of Matter of the 
 Rolls ; had pafled through the profefiion with me- 
 rited fuccefs, and continued fuch excellence of cha- 
 racter in a judicial ftation : here was an opportunity 
 of juftifying Carter's removal, by affimilating the 
 duty to Englifli practice, and difpenfing that blefling 
 to Ireland ; but no fuch falutary principle influenced 
 public councils. Thus, when the Irifh Mafler of 
 the Rolls died, the nation felt the ufual neglect of 
 Englifli Adminiflration, and the arrogance of its de- 
 puted Government. That high office was given to a 
 
 known 
 
 ner ; and the antagoniil, by an equal fingularity, had refolved 
 not to run the rifque of a wound upon an empty ftomach. This 
 infurmountablc bar prevented an immediate interview common 
 fenfe reviewed the caufe of offence, and poffibly preferved to 
 fociety the ingenious Ballow. It is matter of aftonilhment how 
 his Treatife could pafs fo long without fuitable celebrity It 
 would feem that literary gratitude did not diftinguifti the legal 
 tribe or that fub.ordiria.te and lucrative practice fmothered the 
 fenfibility of clafiic tafte. There are two Editions of Bailor/ in 
 the King's Inns Library, printed in the year 1737 ; they were 
 the property of the late Judge Rolinfon, and that laborious 
 Lawyer marked the margin of each, with moft of the illuf- 
 trative authorities then extant, from the Civil or Englifh Books 
 of Equity. The Author's furname is alfo added, for Jadg*: 
 Robin/on had been a ftudent of Lincoln's Inn, and called to the 
 Irifh Bar in 1737,
 
 3IO HISTORY OF THE 
 
 known abfentee, and by a tenure for life, in defiance 
 of an unrepcaled ftatute, and without even the af- 
 fumption of a difpenfing power ; yet in 34 Henry 
 VIII. a non-objiants claufe was inferted in Sir Tho*- 
 mas Cufack's patent for the fame office. 
 
 Thus, Tudor feemed to bow to the Majefty of Irifh 
 law, according to his ideas of prerogative ; for he 
 acknowledged its perpetuity, whilft he eluded the 
 operation. Certainly fucceeding Sovereigns profited 
 by that precedent, and indulged Court favourites in 
 a finiilar manner. Were our Conftitution unpuri- 
 fied by the glorious Revolution, I would defend its 
 principles againft judicial mifmterpretation, or mi- 
 niilerial abufe, by that found legal aphorifm, judi- 
 candum eft kgibus non cxcmplis, and under that fhield 
 refift an exifling practice of tyrannic ufurpations. 
 Yet, illegal patents for this office flained the reigns 
 of two humane and upright Monarchs, William III, 
 and George II. for the former bottomed his govern- 
 ment on an abolition of the difpenfing power, and 
 the latter made it the habit of a long and glorious 
 life to preferve inviolate the laws of the land. 
 
 The delinquent Chancellors, who fealed thefe 
 grants, had not even thq excufe of a Royal Man- 
 dare (could it be any) to palliate the mifdeeds j cor- 
 rupt minifterial influence mud be, therefore, relied 
 upon for concealment or impunity. The guilt of 
 Sir Charles Porter was great ; but if official perjury 
 can admit of aggravation, Bowes (lands ftill more 
 without example or excufe j for the two intervening 
 
 Patents
 
 KING'S INNS. ^u 
 
 Patents to Carter and Singleton were during pleafure, 
 and in that important inflance, correfpondent with 
 -Statute Law. 
 
 A little fubfequent to this period, his late Majefly 
 died, during whofe reign, as well as that of his fa- 
 ther, Ireland enjoyed an internal tranquillity, and 
 progreffive profperity, unequalled for fix preceding 
 centuries. This Prince proved himfelf a worthy fuc- 
 cefTor to George I. and his conduct confirmed an 
 ufeful character for future Kings. He was warm in 
 manner, but honed in mind fteady to attachments, 
 but placable in refentments. His zele for juftice 
 was guided by public fpirit, and tempered with hu- 
 manity. As a fmcere Proteftant, he abhorred perfe- 
 cution ; and as a wife Statefman, blunted the venom 
 of penal laws. Thefe qualities were felt and revered 
 in his life-time, by enlightened foreigners, and 
 grateful fubjefts. God feemed alfo to recognize fuch 
 tranfcendant worth, by the blefimg of a long reign, 
 and arrefting his exiftence in the fullnefs of political 
 and military glory. 
 
 If the Reader conceives my impartiality marked 
 with too much freedom in the preceding Royal re- 
 view, let him remember, that I write under the 
 reign of a King, who refembles a great Roman Empe- 
 ror in the following refpect : Lkcret Hits de mails im- 
 peratoribus quotidic vindicari, et futuros fub cxcmplo 
 pramoncrc, nullum locum, nullum cjfc tcmpus, quo funef- 
 forum pnncipuni manes a po/lcrorum exccrationibus con- 
 yuiefcant. Was the fpirit of legal or hiftorical com- 
 
 pilation
 
 312 HISTORY OF THE 
 
 pilation to bend under an oppofite apprehenfion, in- 
 famy mud mark the Author, and this juft fatyr af- 
 fect the reigning Prince : Cum de malo principe pof- 
 teri tacent, mamfeftum eft eadem facer e prafentem. 
 
 The fun of Englifh freedom extended its (liadow 
 to this afflicted land ; we were not blefled with the 
 fubftance. Our Common Law rights were acknow- 
 ledged they refled however in Law books, unpu- 
 rified from the political vices which led to the Revo- 
 lution. No added penalties enforced the prompt and 
 vigorous execution of that great remedial Writ, the 
 .Habeas Corpus, which, like a meffenger from God, 
 pierces the dungeon's folitary gloom, and by enlarge- 
 ment or trial, cleanfes it from every crime. It is 
 true, "we had it at Common Law, but fubjecV to all 
 the delays of fucceffive returns, which were upheld 
 even in England to the reign of Charles II. whilft: 
 corrupt and unfeeling Judges in each kingdom 
 adopted a different rule in the Writ of Replevin ; 
 thus, giving a fpeedy releafe to prifoners of the 
 brute creation, which was craftily delayed in the cafe 
 of their fellow-fubje&s, 
 
 Irifh Judges were alfo removable at the will of the 
 Crown. Men of reflection faw, with pain, that 
 whilft fimilar perfons in England were fecured, even 
 in cafe of a royal demife, no improvement was ex- 
 tended to Ireland. I do not at prefent move deeper 
 in the difcufiion than what properly refers to an 
 hiftorical progrefs of the King's Inns and its Mem- 
 bers, 
 
 Legal
 
 KING'S INNS. 313 
 
 Legal variations have, however, a natural tenden- 
 cy to explain Irifh fituation and character, and above 
 all, the views or defigns of Englifh Miniflers in their 
 government of this country. As the change of fta- 
 tion from Attorney to Barrifter has been fo frequent 
 in our time, both in England and Ireland, it mud be 
 proper to mark its rife in this kingdom. I can af 
 certain, by an attentive perufal of King's Inns 
 entries, that it commenced in the reign of George 
 II. and in the perfons of two Limerick men, Mathew 
 M'Namara and Thomas Maunfdl, Thefe Attornies 
 fhook off that profeffion, and became Barrifters. The 
 former was a man of great talents, and moft amiable 
 manners, but long precluded, by ill health, from 
 attending the Four-Courts. The latter added to pub- 
 lic and popular purfuit, the fecondary line of Bar- 
 rifterial profit, a feat in Parliament, whereby he ob- 
 tained a filk gown, moved on Circuit as an aflbciate 
 Judge, and finally died in pofieffion of a new created 
 legal office.* Similar changes were more frequent 
 in fubfequent time, and ended in the promotion of 
 many fuch perfons to high and lucrative legal fla- 
 tions. Thus, at the time of obtaining the new 
 
 Charter 
 
 * I heard the late Lord Clonmell boaft, that this new place 
 was carved out for him. Columbus could not be more vain of 
 having, by judgment and enterprife, doubled the terreftrial 
 globe Harvey, of protecting human exigence by a difcovery 
 of the circulation of the blood or Newton, of balancing Na- 
 ture upon a fcale of original genius, and experimental phtlofo- 
 phy, than this mode/I, unajfuming Lawyer leaned to enjoy, by 
 fixing primitive courtly rank in a itatioa which was directed to 
 perfonal fervitude, and created by parliamentary'corruption.
 
 314 HISTORY OF THE 
 
 Charter in 1792, three Judges and one Serjeant had 
 been Attornies. We can alfo judge of its extent 
 and fuccefs in a neighbouring kingdom, by Lord 
 Redefdalt's original Jit nation, who was removed to 
 this country, after having held higher offices in 
 England than any imported legal placeman ever en- 
 joyed. 
 
 Almoft immediately after his Majefty's acceffion, 
 but with a fufficient interval to borrow advice from 
 the Englim Cabinet, on the 2yth of November, 
 1 760, the following Order appears : " That a Com- 
 mittee report what anfwer mould be given to Mr. 
 John Mornfon, Crown Solicitor, and to prepare a 
 draft of a proper leafe to his Majefty." This confe- 
 crates the Society's right to the ground now occupied 
 by the public olfices and Four-courts, and entitules 
 the Body to full compenfation for that property 
 from the period when it was converted to thofe great 
 national ufes. 
 
 Could 1, for a moment, forget my fituation or 
 duty as a fubjeft, and confider his Majefty as a pri- 
 vate man, it niufl. be from motives of reverence and 
 efteem for the continual and unfullied perfonai vir- 
 tues which have marked his progrefs through life. 
 Let me then prefume, that he would fpurn from his 
 prefence and councils any evil advifer, who may 
 fuggeft diflance of time as a reafon to deny juftice 
 or right. The fite of the King's Inns has been, 
 however, conceded to his Royal political character, 
 and difpofed of with correfpondent integrity. From 
 
 the
 
 KING'S INNS. 31$ 
 
 the public purfe, therefore, compenfation fhould 
 arife, and as the joint eye of Government and Par- 
 liament will fuperintend its expenditure, there can 
 be no doubt of correclnefs and frugality in the com- 
 pletion of any approved plan. 
 
 The Reader muft be curious to know what honors 
 or emoluments accompanied or .followed Malone's 
 unrivalled fame, efpecially as tirles and collateral 
 places, or reverfions, have attached in modern times 
 to doubtful talents and tainted character. That 
 great man was difmhTed from the exercife of judi- 
 cial duty for parliamentary integrity. The rapacious 
 Secretary was for a moment awed, and did not im- 
 mediately invert himfelf with the office. But a fuf- 
 ficient infult was offered to this degraded country by 
 the intervening fucceflbr : he was a fuperannuated 
 Judge, who had nothing legal about him but the 
 name. The Exchequer Bench was not curfed with 
 his attendance ; its legal management was left to the, 
 guidance of another Englishman of equal imbeci- 
 lity, but whom Truth records to be deftitute of that 
 judicial prefumption, which unmerited elevation, 
 and confirmed ignorance, fo generally aflumes. The 
 -mmuterial fcenery was, however, exhibited at the 
 clofe of the parliamentary campaign; the new Chan- 
 cellor penlioned, and the Secretary's retreat re- 
 warded by the judicial appointment, rendered as per- 
 manent as an illegal patent for life could make it. 
 
 Thus, the clofe of one reign, and the dawn of ano- 
 ther, was tarniihed by miniflerial rapine extended 
 
 to
 
 3.* HISTORY OF THE 
 
 to the -Four Courts, and which dared to divert two 
 great Common Law Officers from their original in- 
 ftitution and end. Legal hiftory in England fur- 
 nimes no iimilar precedent, but deviations from Juf- 
 tice or Law are familiar to Irifh readers, and will 
 confecrate juridical mifchief, except the Conflitution 
 and Country be defended by legal maxims and ap- 
 propriate comments. 
 
 A Deputy under Queen Elifabeth complains, that 
 one man filled the feveral offices of Matter of the 
 Rolls, Chancellor of the Exchequer, and Chief 
 Baron ; he does not, however, add, whether a zele 
 for public juftice, or an intended provifion for two 
 neceflitous minions, directed his pen. We are alfo 
 told, that the other Judges were feeble. The rea- 
 der may adopt his conclufion as to the fact being 
 warranted by truth, or merely a fcreen for the in- 
 creafe of patronage. The conclufion mufl furprife 
 fuch perfons as are fatisfied with cotemporary, legal, 
 or hiftoric compilations. We are gravely told, that 
 for the preceding reafons the Deputy was peftered 
 with caufes, from which I will anfwer for it there 
 -were few Writs of Error or Appeal. No miniver 
 or fur conveyed fuch a femblance of recondite fapi- 
 ence and judicial integrity to the anxious fuitor as 
 the official fringe of Cattle Chamber difcipline and 
 fnartial law. 
 
 In 1761, Sir Richard Afton was appointed Chief 
 Juftice of the Common Pleas, which had been (it 
 jfeems) declined by the Vinerian Profefibr. About 
 
 this
 
 KING'S INNS. 317 
 
 this time a Royal Profefibrfhip of Common, or Feu- 
 dal Law, was eftablifhed by his Majeity in the Uni- 
 verfity of Dublin. I mention the circumftance to (hew 
 our Sovereign's unwearied and paternal care for the 
 inhabitants of this kingdom. Nor was the foundation 
 lefiened by its new ProfeiTor : That learned femi- 
 nary, ever fertile in honeft and accomplifhed Fel- 
 lows, elected to the important duty Francis Stough- 
 ton Sullivan. As the 'general line was pre-occupied 
 by the labours of Blackftone, he varied his efforts, 
 and explained the feudal fyftem of England with 
 claflic tafte and legal judgment. An untimely death 
 difabled Government from the credit of fixing him 
 in a fimilar fituation with the Oxford Commentator, 
 and fruftrated an honeft defign of giving to the world 
 a general hiftory of this infulted ifland and its flan- 
 dered inhabitants. 
 
 The labours of a Livy or a Tacitus would imper- 
 fectly pourtray Roman greatnefs, if legal fludy had 
 not formed their growing talents. As perfonal con- 
 duct muft always, and political principles occailon- 
 ally, be referred for excufe or applaufe to an apti- 
 tude with the legal fyflem, the reviewer of national 
 fcenes mould be an adept in fuch fcience, or the pro- 
 jected work muft add to the pofiible influence of 
 party and felf-intereft, effufions of inaccuracy and ig- 
 norance. 
 
 Sir Richard did not retire '\vith compofure from 
 this country. Grand Juries and private Magiftrates 
 had frequent difputes with him on different circuits. 
 
 Juftice
 
 318 HISTORY OF THE 
 
 JufHce however, warrants me to affirm, according to 
 authentic report, that in all fuch inflances the Judge 
 was right, and though his manner may be rude and 
 difgufting, that the preceding attacks appear to flow 
 from party prefumption, legal ignorance, or provincial 
 corruption. Parliament was not reforted to, yet Sir 
 Richard's fituation became difagreeable ; he there- 
 fore folicited a removal to Weftmmfter, which was 
 effected in the year 1765. There indeed he prac- 
 ticed a conduct, and was detected in a tranfaction al- 
 moft equally profligate. 
 
 On a Motion relative to a Libel in the Court of 
 King's Bench, a Barrifter zealoufly, but impru- 
 dently, made an affidavit, that he believed it to be no 
 libel. This, being matter of opinion, pafled unnoticed 
 and uncenfured by Mansfield or his other brethren ; 
 but Afton's forward and corrupt malignity embol- 
 dened him to declare, " that he would not believe 
 fuch a man's oath." The ruffian was protected 
 from perfonal refentment, action, or indictment, by 
 official fituation ; however, that fhield covered him 
 with added infamy. The Barrifter, though defti- 
 tute of the preceding privileges, watched the 
 Judge's fecret movements, and faccefsfully detected 
 Afton in a fale of lottery tickets, prefumed to be re- 
 ceived as the wages of judicial proilitution in the 
 memorable trials about Wiikes and Junius. This 
 internal evidence of guilt was proclaimed by a man- 
 ly pamphlet, and believed by every reader. Pru- 
 dence awed the legal, but valorous knight, into fi- 
 lence, and juflly exhibits him to poflerity as an
 
 KING'S INNS. 319 
 
 official tyrant, and corrupt Judge. Thus, at the dif- 
 tance of a century, two Englifhmen of the fame 
 name (lain the King's Inns Roll, and merit the 
 contempt or deteflation of the legal tribe in both 
 kingdoms. 
 
 o 
 
 " On the i Qth of June, 1762, a Committee of 
 the Judges recommend to reprint, in the intended 
 new Edition, all public acls which have been print- 
 ed, and to attend with becoming care the correc- 
 tions of the prefs." Thefe obvious principles exceed 
 not the ordinary care of Printers, but it is a mat- 
 ter of ferious furprife, that the refearch and ativice 
 did not equal the important fubjecl, which nlfo re- 
 quired particular care in Ireland ; for in Sydney's 
 Edition there was a fludicd feleclion, and not an im- 
 partial or general publication. The fucceeding 
 Editor, Sir Richard Bolton, avows that -fad, and 
 adopts an imitation, lint even monkifh annals and 
 party chronicles record Statutes not yet authenti- 
 cated by State authority, of which the Parliament 
 Rolls are deftroyed, and whofe copies only exifl: in 
 the fiflcr kingdom. With evidence thus folemn, 
 fmgular, and affecting, judicial indolence could not 
 be roufed to becoming rcil irch. The temple of 
 Trim legiilation flill continues prophaned by falfe or 
 imperfect records, and its degraded page proclaims 
 the national fcandal. 
 
 To the jufl grief *.vith which a patient perufal 
 of Irim Hiftory muft affect every native, added me- 
 lancholy envelopes the legal Student. -In the Eng- 
 
 lifh
 
 32O HISTORY OF THE 
 
 lifh Code he difcovers the theoretic perfection of hu- 
 man fociety, and afcertains by its practice the pro- 
 rnifed bleffing ; whilft the abufe or mifmterpreta- 
 tion of Irifh Law has engendered in this haplefs ifle 
 religious zele hojllle to morality r , political power alien t9 
 patriotifm, and judicial declfiom anomalous tojujllce or 
 humanity. 
 
 This boundlefs exercife of vice has even tended 
 to circumfcribe human genius, and fetter its active 
 talents. Senates and legal councils have been there- 
 by habituated to fettled fubfervience or humble imi- 
 tation, whilft the great principles of national policy 
 have been held objefts beyond their authority or 
 care. We find on the 27th of November, 1762, 
 " the old Committee enlarged to review the pro- 
 ceeding relative to the building public offices, and 
 what is proper to be done in them." On the third 
 of July, 1770, " we find that old Committee em- 
 ployed touching the building a Repofitory for the 
 public Records on the fite of the King's Inns." On 
 the twenty-third of June, 17/1, that Body reports 
 to the Lord Lieutenant the opinion of this Society, 
 " That fuch Repofitory is much wanted, and offer 
 the ground of the King's Inns as an appropriate fitu- 
 ation for the fame." 
 
 The unfading fcenery of Shakefpear was feigned, 
 formed, and finimed, in a fhorter period than the 
 plan of thefe Buildings could be created or con- 
 firmed, fo fuperior is the vivid genius of an indivi- 
 dual to the protracted dulnefs of a numerous body 
 
 when
 
 KING'S INNS. 321 
 
 u-hen unallured by intereft or ambition. Marquis 
 Townihend retired from the Government of Ireland 
 in 1772. The Society in January 1773, authorifed 
 their Treafurer to return thanks to the new Lord Lieu- 
 tenant for his early attention to erecting offices for the 
 reception of public records in this kingdom, and to 
 aflfure his Excellency of the hearty concurrence of 
 this Society in an object of fuch great national con- 
 fequence, fo long wanted^ and fo umverfatty dcftred. 
 In this manner Iriih improvements take place ; 
 irrefolution and tardinefs mark the outfet, party 
 jobs or perfonal intereft attend the progrefs, and 
 improper variations, or a defective plan, crowns the 
 conclufion. The character of the country was, in 
 the preceding infcance, involved with its neareft and 
 mod permanent rights. 
 
 For all governments, ancient or modern, apply a 
 fuitable attention, in proportion to the progrefs of 
 ovilifation, to public muniments and records. The 
 ruinous political fyftem of Ireland fubjefted it to 
 periodical convullions, and prevented an improve- 
 ment correfpondent with the fifter ille. That de- 
 fect did not eicape the piercing eye of Sydney and 
 Straabrd, nor even the romantic genius of ill-fated 
 Effex. Thefe iiluftrious Viceroys ftrongly recom- 
 mended the meafure, and were only prevented by 
 removal or misfortune from effectuating that great 
 defign. Even Cromwellian ufuvpers refpected the 
 principle, and avowed a fimtlar intent. The reigns 
 of Charles II. and James II. were too much occupied 
 in temporary plunder, or profpeclive tyranny, for 
 
 Y ' fuch
 
 322 HISTORY OF THE 
 
 fuch an enlarged and difinterefled view. It is, how- 
 ever, furprifmg that the revolution did not enforce 
 more conflitutional principles and wifer maxims of 
 policy. After a lapfe of forty years Parliament 
 deigned to notice the fituation which perfonal and 
 national evidences lay. 
 
 A Committee was appointed by the Houfe of 
 Lords, whofe report warranted an alarm, which in 
 Britain would deeply affect all its inhabitants, but 
 neither novelty nor importance made a proper im- 
 preffion upon the Irifli nation, or either branch of 
 its legiflature. Yet in this country how fmall a por- 
 tion of prefcriptive property or rights can be claim- 
 ed ; its landed fettlement has been alfo equally fhook 
 by the prerogative of the Crown, as by repeated 
 civil wars. A confiderable portion of perfonal ac- 
 quifition is confidered a legal lien upon land from 
 the reftriction of commercial purfuits by a befotted 
 fyftem of legiflation, the blended offspring of in- 
 ternal corruption and external tyranny. 
 
 ' i 
 
 Did the preceding powerful circumflances give 
 promptitude and effect to this neceffary bufmefs? 
 Half a century intervened before any fuch were 
 built, and even fome remain dill in an unfinifhed 
 ftate. No fatisfaclory account has been given whether 
 thefe buildings are as well calculated to preferve as 
 to contain records. The fituation is extremely low, 
 clofe to the river, and certainly fubjecl: to gradual 
 injury from high floods, if not to the immediate im- 
 preffion. However, other repofitories, not directly 
 
 connected
 
 KING'S INNS; 323 
 
 connected with the Four Courts, have been neglected, 
 both in the capital and through the kingdom. The 
 Prerogative Office, for inftance, is. at this moment 
 kept in an old wainfcotted houfe, belonging to the late 
 Primate Robinfon. The Regifter is not anfwerable 
 for this danger ; // is even to him an added expence ; 
 but the nation and empire aie deeply interefted in the 
 awful event of an accidental fire ; a cinder <wench 
 may even unknowingly confume materials of incal- 
 culable value, and exceed in melancholy remem- 
 brance the vicious vanity of a Delphic incendiary. 
 
 In what manner could Courts of Juftice or Par- 
 liament remedy and adjuft the feveral rights of heirs 
 at law, and devifees ? In fuch a cafe no integrity or 
 talent could enable a Judge or Senator to make an 
 unalterable decifion with a mind perfectly at eafe. 
 Local teftamentary jurifdiclions, and county Crown 
 ofiices are liable to fimilar mifchief. Thus, the 
 rights of property or precedents of public juftice 
 are rendered equally infecure, and royal hereditary 
 revenue, with popular protection, buried in a com- 
 mon grave. Has any parliamentary care been taken 
 of thofe important objects ? Yet in what manner 
 could loyalty or public fpirit be more ufefully em- 
 ployed ? 
 
 National muniments are to an honed Govern- 
 ment, what family evidences appear to dignified in- 
 dividuals. The preiervation of each fuflains perfo- 
 nal honor, and public pride ; allegiance and protec- 
 tion are .thereby rendered more refpcdable and reci- 
 Y 2 procal,
 
 HISTORY OF THE 
 
 procal, and the union of both countries ufeful and 
 indiffoluble. A concife and obvious remedy offers 
 itfelf for this defirable object. Let buildings be 
 planned impervious to fire, and calculated with all 
 poflible care for the lading prefervation of records. 
 Meantime fuch Irifh documents as relate to Govern- 
 ment and private property, but which are kept in 
 Britim archives, mould be infpected by a competent 
 perfon or perfons, and correct copies or abftracts 
 brought to this country. 
 
 Britim wifdom lately adopted, under a lefs urgent 
 neceflity, a laborious and extenfive fcheme, directed 
 to this imperial benefit. Irifh Government mould fol- 
 low, where it cannot originate a patriot plan, and 
 balance other doubtful deeds by active zele in fup- 
 port of a meafure unconnected with party, and cer- 
 tain of undifputed applaufe. An attentive perufal 
 of the elaborate Englim compilation animated me 
 to addrefs Mr. Abbot, then Minifter of this cmntry^ 
 upon the fubject. His approbation, and that of 
 every leading fenator or judicial character, (with 
 whom I converfed) may fatisfy perfonal feelings, but 
 an effort dictated by difmterefted public duty, can 
 only be fatisfied in complete fuccefs. 
 
 I therefore form an humble hope that Irifli fena- 
 tors will affume becoming credit by calling for a 
 Committee, whofe labours mail be directed to a 
 fimllar end. Great Britain \vill thus fee, that an 
 Hibernian claim to fixed freedom and equal law is 
 bottomed on deep, folid, and ancient foundations, 
 
 and
 
 INNS. 325 
 
 and not more upheld by natural reafon, than ftatu- 
 table flrength, and immemorial records.* 
 
 The 
 
 * It is my fixed opinion, that the internal convulfiona of Ire- " 
 land, and its degraded external pofhion, may be afcribed to 
 a. concealment, mutilation, or dellruction of legal and confti. 
 tutional evidences. Such alfo was the fentiment of the late 
 Burton Conyngham, who wifhed to have the Records of Ireland 
 explored, authenticated, and explained, after tlie manner of 
 Rymer, and at the public expence. Government even counte- 
 nanced the meafure, whilfl it was directed to provide for an 
 Engiifhman nol bred to the Law, yet pofUbly a great irafter of 
 ancient and modern learning, but radically ignorant of the Irtflt, 
 language, as a dead or living tongue, and therefore a ttranger to 
 the minute -habits or prejudices of the Irifh name and nation. 
 That gentleman was fixed in a more eafy and affluent fituation : 
 then my intercourse with Mr. Conyngham commenced, but his 
 influence was put down by the following accident, and our joint 
 efforts bla (led during the official exiftence of Earls Clonrnell and 
 Clare. On hearing' my name, the letters of V/lU'ivn RitffcU on 
 Reilly's cafe were recollected. (Tbefe are the 'words of Conyng- 
 bam.) The noblemen then jointly faid, that I would ftrive to 
 fix the Irifh Conftitution on as firm a foundation (nor were 
 they miftaken) as the Englifh. The Union has put an end to : 
 the fuccefsful effect of fuch filly, malignant jargon, and the 
 circumftarice is merely mentioned to fiiew my early and conti- 
 nued habit. But had Mr. Conyngham feen the labours of a 
 Britiih Parliament, it would encreale his chagrin at the fomno- 
 lence of Irifh Senators. Many tracts lie by me ; I will, howe- 
 ver, publifh one relative to the Irifh Parliament ; the printed 
 Journals rife no higher than James I. ' ',- ?.r,d Perron's 
 
 have been extracted from the Rolls ; thefe fhall be given v.-itli 
 feme Remembrances, which may illuflrate national or family 
 anecdotes, and explain the origin or effect of. feveral Irgal 
 This extent of cbfervation is promised with an ac- 
 count
 
 326 HISTORY OF THE 
 
 The laborious Prynne authenticates our Conftitu- 
 tion even by partial efforts to circumfcribe or fub- 
 vert it. Where fo much was extracted by improper 
 zele, what may not be effected by fair and enlight- 
 ened refearch ? Is not this the aufpicious moment, 
 when fimilar laws, and national rights equally ac- 
 knowledged, form the governing principle of both 
 countries ? Did not the father of Lord Grenville 
 add a new wreath to his minifterial fame, by order- 
 ing the ftate documents in the Englifh paper office tq 
 be arranged and preferred ? 
 
 What honors ought not then await that Mimfter 
 or Irijh Viceroy who would adopt and encourage a 
 fimilar plan ? Inftead of incumbering my page with 
 quotation, or darkening a point, clear in itielf, by 
 lengthened and laborious argument, let the reader 
 perufe Mr. Collier's Effay on the Law of Patents ; 
 the Index to the National Reports ; and the Calendar 
 of ancient Charters. If modern ingenuity fails to 
 awake a proper fenfe of patriotifm, antiquity prefents 
 the enlightened pages. of Bacon^ Ccke, and Doddridge; 
 and foreign countries, a Du Cange, Montcfquieu, 
 Guianone, and Montfaucon. Should this mafs of con- 
 curring evidence not roufe to a fupport of the propofed 
 benefit, one appeal flill remains : let Irifh Senators 
 
 review 
 
 count of difcontinued boroughs before and at the Union, and to 
 what perions in the latter cafe compensation was given. uch 
 venerable memorials ought not to melt into oblivion, but be 
 held up to the nation in a full and diverfified point of view.
 
 KING'S INNS. 327 
 
 view our repertories for national and perfonal evi- 
 dences, or reflect how many Irifh documents ought 
 to be copied from Englim archives, and transferred 
 hither ; they will thus clearly fee, what an advan- 
 tage mufl refult from improving the one, and fecur- 
 ing the other. This is no digreflive matter, but a 
 proper engraftment upon a legal compilation ; for a$ 
 Liberty cannot fubfift without Law, fo Law cannot be 
 permanent, or completely fecure perfonal or landed 
 property, without the aid and illuftration of public 
 Records. 
 
 On the 3d of June, 1763, " The King's Inns 
 Committee are ordered to report what buildings are 
 neceflary for the ufe of this Society, and the expence 
 thereof, and report their opinion thereon to the 
 Board." It does not appear whether the Committee 
 ever performed this duty. Much ufelefs expence 
 has, however, been incurred by a departure from 
 the preceding plan, and what is ftili more grievous, 
 a fituation has been felefted fo remote from the 
 courts and public offices, as not to anfwcr the pur- 
 pofes of public policy or profeffional convenience, 
 even though the ground were their original eftate, 
 or the fite (as in ancient time) bellowed by a public 
 fpirited individual. Bound as I am, to convey cen- 
 fure or approbation on meafures and perfons with 
 firmnels and impartiality, a fufficient excufe offers 
 for the Committee, for not making an im- 
 mediate report. They could not forefee how much 
 of the ground v/ould be required for the Four 
 
 Courts j
 
 3*8 HISTORY OF THE 
 
 Courts ; how far from the river they would be built ; 
 or the extent of area ; (till lefs the variety or fcale 
 upon which public offices mull be ere&ed. 
 
 Shortly fubfequent thereto, a new Chief Juftice 
 for the Common Pleas was fcrit from England, who, 
 by authentic report,' was as great an original as ever 
 iflued from a legal cell. Heaven help poor Ireland 
 if the Great Seal were committed to him, or its Par- 
 liament and Peerage guided by fuch a character ! 
 The refources of trade and manufacture, finan- 
 cial, geographic, hiiloric, naval, and military fitu- 
 ation were to him alike unknown. He was, howe- 
 ver, a tolerably fkilful Common Lawyer, and a 
 blunt, honed, undefigning man but it would be a 
 libel upon truth to call him a ftatefman. The rea- 
 der will excufe two anecdotes illuftrative of that cha- 
 racter : Having taken a houfe, and dined with moft 
 of his brethren, he was much furprifed at his ad- 
 miffion to Chambers, and inftantly told the attend- 
 ing Members, that as he was a bachelor, his houfe 
 mould be immediately difpofed of, for the Chambers 
 were even more agreeable to him ; nor was his dif- 
 appointment inconfiderable, when convinced that 
 fuch accommodation exifted only by King's Inns 
 intendment and Irifh fiction of Law. 
 
 On the death of Lord Bowes the Great Seal was 
 committed to perfons who were not profeffional 
 men ; Court duty was therefore performed alter- 
 nately by the Judges. In his turn, having com- 
 pletely difpofed of all interlocutories, and motions 
 
 which
 
 KING'S INNS. 329 
 
 which were offered, he gravely rofe, and hoped 
 that the auditory were pleafed with his mode of do- 
 ing bufmefs ; adding, If the choice fliould fall upon 
 me, don't you think, gentlemen, that t wiil make 
 a good Chancellor ? The novelty of this afiecling 
 addrefs provoked a fmile from veterans, but juniors 
 received it w.ith a tempeil of applaufe, whilft the 
 Author, unccnfcious of its fingularity, retired like 
 a Roman actor, having proclaimed, " vos plauditc, 
 inquam." ^ 
 
 He was the laft Englimman who filled the flat ion 
 of a Common Law Judge in this country, (fave the 
 late Judge Hewitt) and retired in 1770; whereas 
 his predeceflbr was removed into the flation of a 
 puifne Judge in the Englifh Court of King's Bench 
 without any penfion. Iriih falaries would, howe- 
 ver, render fuch an exchange in our time a pecu- 
 niary lofs ; though fimilar removals had been ihe 
 conftant ufage between both countries rrum the 
 reign of James I. The next event connected with the 
 King's Inns was the death of irs aged Treafurer, the 
 Lord Chancellor, in July, 1767. The Great Seal 
 was granted in Commiffion, and fo held until the ar- 
 rival of his fuccefibr in January, 1768. 
 
 On the 1 9th of February, 1768, the Benchers 
 to whom it was referred, report, " That Lord 
 Bowes, as Treafurer, received from Eafter Term 
 1745, to Michaelmas Term, 1/65, the fum c 
 1283!. 93. 2d.; and that his difburfements for the farr 
 period amounted to the fum of 674!. us. 4d. Ic- 
 ing
 
 330 HISTORY OF THE 
 
 Ing a balance againft his Lordmip's reprefentatlves 
 of 6o81. 175. lod." They alfo find, that Mr. John 
 Robinfon, \vlio was appointed Steward in. 1752, 
 regularly paid his balances to Michaelmas Term, 
 1765, inclufive, and that eighty pounds only remained 
 In his hands for the year 1766, which he was ready 
 to pay over to the new Treafurer. The preceding 
 balances are acknowledged by Lord Liffbrd to have 
 been paid upon the 25th of April, 1768. What 
 will the reader conceive of the accuracy or integrity 
 of the preceding Committee, when he hears of 
 an authentic extract in my poflefiion, copied an 
 original rental in the hand writing of that honefl 
 and unailuming Steward, or Under Treafurer ? 
 
 The annual rents of the Society thereby appear 
 to be 420!. 95. 6d. by which undoubted evidence 
 his Lordfhip received in twenty-five years, the pe- 
 riod of his Treafurerfhip, the fum of 9251!. 178. 6d. 
 for the charge, which made up his debit , flowed 
 merely from an admiffion to the rank of Benchers, 
 Barrifters, or Attornies. The preceding rent formed 
 in earlier times a fund for upholding the public 
 buildings, or was expended in aid of the Penfions 
 or caft Commons, towards the payment of fervants' 
 wages, Commons in the hall, and the other inciden- 
 tal houfhold expences. Neither Commons nor 
 Servants exifted from 1 742 ; the buildings were alfo 
 mouldering into decay, nor was any charge for them 
 Allowed in account. 
 
 The
 
 KING'S INNS. 
 
 The Treafurerfhip by the preceding mafterly ma- 
 noeuvre became a iinecure of moderate profit, and 
 was kept vacant until the arrival of the new Chan- 
 cellor. The Bench had no pretence to divide the 
 amount among themfelves, and were deftitute of 
 public fpirit to enforce its application in favour of 
 the profeffion. The dead, though defplfed or forgot- 
 tcn y Hood protected from flattery to the living, and 
 a Common Law Serjeant added to the Keeperihip of 
 his Majefty's Irifh Conference, the ancient and lucra- 
 tive abbacy of the Kings Inns. 
 
 The reader will probably expect fome dbferva- 
 tions on the Chancellor's perfonal, political, and ju- 
 dicial conduct, which mall be executed procul ira 
 aut odio, and with a full fenfe that nos & nojlra de- 
 bcmur mortl. Thefe remembrances may alfo have 
 their ufe ; for though the legal profeflion is fo gene- 
 rally bound by precedent as to fetter, fave in a few 
 enlightened individuals, genius and political judg- 
 ment, I know no body of men who attain fo 
 ftrong and imitative an hue of its leading members. 
 Lord Bowes caine to this country in the train of 
 Chancellor We/I. That gentleman having died the year 
 after his arrival, Bowes had but two modes of attain-, 
 ing an independent flation, each, however, fuffi- 
 cient to enfure him fuccefs, were he deftitute (which 
 was not the cafe) of legal talents. He was an Eng- 
 lifhman, and might return thither, where he had a 
 powerful patron in Sir Philip Yorke, then Attorney 
 General of that kingdom, or under that banner fo- 
 licit Irifh promotion. 
 
 We
 
 352 HISTORY OF THE 
 
 We therefore find him called to our Bar in Mich- 
 aelmas Term, 1725; and fucceeding Jocelyn, as 
 third Serjeant, in Trinity Term, 1727. In a mort 
 time he was returned to Parliament, without any. in- 
 tercourfe with conftituents, or injury to his purfe ; 
 Government having given to the borough-monger 
 official compenfation. Jocelyn preceded him in all 
 fubfequent promotions, until his elevation to the 
 Bench. As Chancellor Bowes alfo fucceeded Jccelyn, 
 his ability, as a Lawyer, was very refpec"lable, and 
 bis powers of eloquence by no means contemptible. 
 We hear much of both from the pens of party-men, 
 who are, however, filent on Malone's tranfcendant 
 merit. If this partiality contributed to Bowes's for- 
 tune, it alfo confirmed his perfonal vice. 
 
 The minion of party became its judicial flave, and 
 fuitors exulted or trembled, as their connexions, 
 policy and religion moved in unifon with his preju- 
 dices or interefted views. The minor fatellites round 
 his perfon, powerfully profited by this jufl and ge- 
 neral fufpicion ; in authenticating fuch vices, they 
 circulated a correfpondent corruption of collateral 
 official influence, and degraded their mafler's judicial 
 character to improve private fortune. Irifh Hiftory 
 and uncontradicted precedent, gave to the mod un- 
 tutored inhabitant full information on thofe import- 
 ant heads; nor can the infamy of Boives receive 
 greater (trength, than that molt of his predeceflbrs, 
 and his immediate fuccefibr, efcaped, with a full 
 knowledge of particular failings, a fimilar ftigma. 
 Hiftoric truth reluctantly atteils, that he imbibed 
 
 every
 
 KING'S INNS. 
 
 every practical or political vice of this country, and 
 added to the black catalogue crimes of a foreign 
 and deeper dye. 
 
 His vanity, partiality and pride, would operate 
 as a malignant national, curfe, if nature had blefled 
 him with intrepidity of temper, correfpondent to 
 the venom of his difpofition. He rivalled Jefferyes in 
 a brutal precipitancy of judicial cenfure, and refera- 
 bled that ruffian in an hafty and incontinent con- 
 tradiction to profefled tyranny, when it met digni- 
 fied correction and manly controul. In fhort, this 
 profligate and unprincipled Judge added ridicule to 
 the fettled meannefs of his conduct by affecting the 
 character of a ftatefman. Cotemporaries excufed 
 the vanity, as neither Bowes nor any preceding 
 Irifh Chancellor, was indulged with the exercife of 
 fuch power. Two natives funk, in daring to uphold 
 the flagitious attempt j and a ftranger could not, un- 
 der the forms of our Government, meet the flip- 
 port which a French Chancellor of fimilar charr. 
 received from a defpotic government, when he- wrote 
 a treat! fe exprefsiy In favour of affiffinathn, . 
 countenanced a minion in defending the legal doctrine of 
 torture. 
 
 I have attempted with humble and patient care 
 to prefent to the reader the ftate and progrefs of the 
 legal profefiion in Ireland ; it has appeared refpec- 
 table, even when the light of learning was funk 
 through Europe, and the Law itfelf obfcured by 
 furrounding barbarifrn. In fucceeding periods par- 
 
 ticular
 
 334 
 
 ticular practicers powerfully imbibed the reviving 
 improvements of fociety, and added its diverfified 
 polifh to profeffional talent. The beft pleaders of 
 Greece or Rome would meet rivals on Irifh ground, 
 and furrounding cotemporaries, according to their 
 refpective tempers, generouily or reluctantly attefted 
 the important fact. 
 
 As a body, they are by no means entitled to fimi- 
 lar praife. I have painfully fhewn, that the con- 
 duct of the Society was generally capricious, often 
 illegal, and fometimes corrupt. A felf-interefted and 
 fervile connexion with Government tainted its gene- 
 ral proceedings ; and where the Irifh Cabinet did 
 not interfere, habit directed and confirmed legal 
 rulers in arbitrary practices. Had not this been the 
 cafe, fome manly imitation of Englifh order, fruga- 
 lity, and integrity, would be adopted. Nor need 
 the King's Inns look further, though France, Ger- 
 many, and Scotland, prefented refpectable plans. 
 An imperfect civil Conftitution formed no conclu- 
 five bar to fuch improvement, for the preceding- 
 kingdoms laboured under that awful defect ; yet 
 their legal eftablimments have been extended, pro- 
 tected, and perpetuated by the pureft public fpirit. 
 The fixed defpotifm of France yielded to the na- 
 tional benefit. Even the irregular government 
 which harraffed Scotland in the fixteenth century 
 did not preclude that enlightened and patriotic na- 
 tion from a fteady, temperate, and dignified mode 
 of internal management, or leflen a correfpondent 
 zele in favour of general and profefiional learning. 
 
 Thus,
 
 k KING'S INNS. 
 
 Thus, the body of Scots advocates annually elect 
 a Dean, who prefides in all their meetings. Fru- 
 gality, upheld by correcl fubfcription or generous 
 donations, fupplies the faculty with a common flock, 
 which is faithfully applied to the cncreafe of their li- 
 brary r , and the maintenance of decayed members, or 
 fuch of their widows and children as Hand in need of 
 education and fupport. Advocates are even annu- 
 ally named at their general meeting to ferve the 
 poor, who are permitted to the benefit of a Gratis 
 Warrant by the Lords of SefTion ; fuch fuitors are 
 alfo admitted upon general circumftances. The 
 adoption of this praclice would form a dignified im- 
 provement in Englifh or Irifh Law, which ought 
 alfo to be purged from its greateft blemifh, the 
 threat of ignominious punimment held out to thefe 
 unfortunate perfons. 
 
 Though their library was confumed by fire, a 
 Phamix has arifen from its afljes. in which almoft 
 every ufeful or entertaining book may be found, 
 with various documents which can facilitate profcf- 
 fional refearch, or explain and authenticate national 
 records. The body at large alfo (hews itfelf worthy 
 of fuch lettered aid by an acknowledged excellence 
 of claffic tafte and legal learning. The purity of 
 official appointment has been fully exhibited to Eu- 
 rope in its fucceflive Librarians, a Ruddimaji, and 
 an Hume. 
 
 The Lords of Sefiions are immediately uncon- 
 nefted \vith the interior management of faculty con- 
 cerns,
 
 356 HISTORY OF THE 
 
 cerns, but with a refemblance to Englifh Judges, a3 
 to their" Inns of Court, exercife in cafes of com- 
 plaint, a corrective vifitorial controul. The 
 Clerks of the Signet are alfo admitted after a trial 
 of iufhciency before Commiflioners ; but in their ap- 
 proach to the profeffion, or practice therein, this 
 body is wifely confidered independent, or freed 
 from any government of the Advocates, and fo far 
 imitate Englifh Attornies. The reader will calmly 
 compare the wifdom or public fpirit of Iriih inno- 
 vations in ancient and modern times by the preced- 
 ing concife ftatement of Englim eftabliihments, and 
 foreign inftitutions. 
 
 He has already feen the craft of peaceful coun- 
 cils, equally deitructive with the rude rage of out- 
 lawed rebels or internal foes : the bounty of a gene- 
 rous benefactor neglected or betrayed, and the grant 
 of a great Prince diverted from public purpofes into 
 private property. Meantime arbitrary taxation Rip- 
 plied a petty and harrafling income, which anfwered 
 no ufe to thofe on whom it was levied. No wonder 
 that it was felt, not from its intrinfic preiTure, but 
 known mifapplication. In the druggies between the 
 Society and a private family, the annual income is 
 alledged to be fifteen hundred pounds a year, during 
 the reigns of the Stuarts. If managed with fuitable 
 care, the reader can appreciate its poffible improve- 
 ment by the prefent value of the adjacent precinct 
 of Mary's Abbey. 
 
 Waving
 
 KING'S INNS. 337 
 
 Waving further "notice on th!s head, did the 
 Society even releafe to the Truftees of Sir Patrick 
 Dunn, for charitable purpofes, the houfe in which he 
 lived, being part of their cftate, and fo warmly re- 
 commended in the well known will of that illnftrious 
 Scotfman ? At the fame time, with what eafe and 
 indifference were the families and minions of tem- 
 porary rulers invited to, and protected in, the dif- 
 honeft divifion ? We have feen one Chief Ju/licc 
 bending to the grave, and laden with ill-gotten opu- 
 lence ; add thereto the fee fimple and perfonal pro- 
 perty of an ufeful, but impoveriflied Society. Was 
 the family of this hoary criminal charmed or fhamed 
 into reftitution ? No fuch thing. However, his 
 grandfon, of a different profeffion, is admitted as 
 an honorary Member, or Bencher. 
 
 Whilft the Society was in the preceding manner 
 diffolved, or in abeyance, meetings were confined 
 to the admiflion of Barrilters, enrollment of Attor- 
 nies therein, or other incidental matters relative to 
 the remaining fite of the King's Inns. On this point 
 truth obliges me to declare, that no account remains 
 in what manner any part of its chatties, during the 
 meetings, or on the fubverficn in 1742, were dif- 
 pofed of: yet fome of its carlieft and mod refpefta- 
 ble Members, Sir Arthur Chiche/lcr, the Ear! rfCo'k, 
 Bijhop Montgomery^ Sir Thomas Aftc, Primate Boyle, 
 and others, bellowed different articles of plate. 
 Nor is there even any evidence of an unfuccefsful 
 enquiry* 
 
 Z This
 
 33* HISTORY OF THE 
 
 This neglect is accounted for by the conftant fuc- 
 ceffion of leading Members as Trcafurers. Such 
 perfons, when capable of fo bafe a fraud, muft be 
 fufEciently powerful and artful to conceal it. Thus, 
 there exifted example within the Society to juftify 
 and enforce order, ceconomy, and integrity, on any 
 revival, of which, however, there did not appear 
 the fmalleft likelihood during the Treafurerfhip of 
 Lord Chancellor Bowes. Yet Irifh Hiftory cannot 
 produce an equal period of time, when public prof- 
 perity and private happinefs moved more fteadily 
 hand in hand, or Law was practiced with more judg- 
 ment, talent, and integrity. The King's Inns admi- 
 niftration of that Nobleman was declared by an ig- 
 norant or fervile Committee, perfonally honeft, and 
 perfectly correct. His mifconduct, however, evinces 
 the weaknefs or corruption which refults from alter- 
 ing an ancient and eftablifhed fyftem. 
 
 An annual election of Treafurer enforced a regu- 
 lar ftatement of accounts. The appointment of a 
 Deputy, under fnnilar reitrictions and refponfibility, 
 fecured a faithful execution of duty. It was allb 
 highly proper that the latter officer mould be a Bar- 
 rifter, or Attorney, as profeffional fituation enabled 
 him to execute the truft with more dignity, eafe, 
 and effect, whilft it formed an additional pledge to 
 the Society for a faithful performance. 
 
 Such annual election of officers was not only the 
 ancient rule, until 1633, but has this irrefiftible re- 
 commendation, that during its continuance no fraud 
 
 was
 
 KING'S INNS. 
 
 339 
 
 was praftifed, no plunder fu/pefltd, nor per final cre- 
 dit falfely eftablimed on official foundation ; grievances 
 which neceflarily arofo from the oppofite practice, 
 and finally became ancillary to extenfive mifchief. 
 The preceding principles, pregnant with general ufe, 
 mould be peculiarly attended to in a legal eftablifh- 
 ment, or voluntary affociation. Experience and ha- 
 bit may improve human capacity for other fituations, 
 but little preparatory ftudy is requifite to arrange So- 
 ciety accounts, which could be fettled in two days 
 after every Term. Had the myflerious fcreen of 
 jobbing been removed, all the preceding matters 
 could be confirmed or unravelled with integrity and 
 eafe. The attention of King's Inns Accountants 
 ought to be confined to accuracy and plain dealing, 
 and official views be bounded by a certain and efta- 
 bliflied. removal. 
 
 As a neceitary and moft ufeful improvement, a lead- 
 ing judicial character, much lefs thefirft man in the pro- 
 fefflon^ mould not be allowed to fill that office, it 
 became an injury by probable non-attendance^ or a. 
 fource of Jinn ami unbecoming patronage. Mankind 
 are too prone to fycophancy and fervile complai- 
 fance to refift or counteract perfons in high flatiou 
 whenever they deviate from official correclnefs. An 
 hiftory of the legal tribe juftilies no departure from 
 this unerring rule, which has therefore been adopted 
 in moll legal, clerical, and collegiate eftabliflnnents 
 through Great Britain, or on the Continent. At 
 whatever time a different fyftem has been adopted 
 in Ireland, 1 will thus far vindicate the national cha- 
 'L 2 racier
 
 340 HISTORY OF THE 
 
 rafter as to affirm, that it did not arife from want 
 of judgment, but a difpofition to difhonefty. 
 
 The legal body upheld a collegiate connexion 
 from the reign of James I. until the fufpenfion in 
 1742, without any mention of a repofitory for ma- 
 nufcripts or books. I have fuccefsfully traced thetranf- 
 fer of landed eftate, and embezzlement of perfonal 
 property, to leading members in a judicial or minif- 
 terial line; which detection, however unequal to effec- 
 tuate redrefs againft the property of fuch mifcreants, 
 or their defcendants, muft operate at leafl for an 
 equal period as an antidote againft fimilar plunder. 
 
 Public fufpicion, properly roufed, cannot be eafily 
 allayed ; interior defects will not be fcreened by 
 myfterious management, nor rank join to an impu- 
 nity from punijhmcnt an exemption from difgrace. The 
 honeft pride of patriotifm muft feel humbled at this 
 awful exhibition, but the national voice alone can 
 make public intereft triumph over private defign, 
 if it difpenfes perfonal contempt to hardened job- 
 bers, and a proportioned refpect to men of honor 
 who may condemn and detect fyftematic fraud or 
 profefTional plunder. 
 
 We have already feen, that neither the feats of 
 juvenile education in London, nor the example of 
 Scots neighbours, could animate the degraded Go- 
 vernors of our King's Inns to found a library ; ri- 
 val factions were too vain or felfifh to attract the re- 
 verence of pofterity by an enlightened eftablilhinent. 
 
 They
 
 KING S INNS. 341 
 
 They needed not, however, to pafs the circuit of 
 the Irifh capital, \vithout obferving, in the other 
 learned profeflions, an incentive to proper conduct, 
 and the encouragement of a fimilar plan. An illuf- 
 trious Englim ecclefiaftic founded a refpeftable li- 
 brary, and marked his gratitude to the country 
 which fuflained him, by infcribing it to its favourite 
 Saint. An enlightened Scots phyfician, even a te- 
 nant of the Kings Inns, devoted an ample portion 
 of his property to the improvement and perpetuity 
 of profefTional learning, whilft his valuable collec- 
 tion of books was dedicated to the fame honorable 
 purpofe. Unfeduced by fuch examples, the King's 
 Inns Proprietors feemed to confider ignorance "as ap- 
 propriated to a monkifli inheritance, and that civil 
 tyranny or corruption ought to fucceed fuperflitious 
 hypocrify and prefumption. 
 
 " A fecond deluge learning thus o'erran, 
 
 " And Judges finifh'd what the Monks began." 
 
 Particular Members, and the Society, refembled 
 the Roman Empire in its extreme period of decline. 
 The former were rich, and even refpectable, whilft 
 the latter were funk into infignificance and diftrefs. 
 In like manner the King's Inns fprung from poverty, 
 fwelled into opulence, and re-affumed its original 
 ftation by internal treachery. The reader probably 
 will feel impatient to perufe the reviving fyftem, pu- 
 rified, as it ought to be, from the ignorance or cor- 
 ruption of earlier days. If the preceding review ex- 
 hibits any traits of refearch or patriotifin, flronger 
 
 ties
 
 342 HISTORY OF THE 
 
 ties enforce the obfervance of fuch duties to the 
 completion of this Work. Nor can I be milled by 
 the opinions of third perfons, the latter period fall- 
 ing within collegiate or profeflional obfervation. My 
 judgment alfo has not been warped by active inter^ 
 ferenct with any of the enfuing fcenes. 
 
 Regard to perfonal honor, and love for Ireland 
 or its legal eftablifhments, form no trifling pledge, 
 that I will not, from mean or interefted views, haf- 
 tily ftain the one, or abandon the other, but rather 
 hold in remembrance, as a model for fleady imita- 
 tion, the proud fentiment of a favourite Author, who 
 wrote, fpoke, fought, and finally bled, in defence, 
 of Liberty and Law. Nee magls intuperandus eft 
 Creditor patHa, quam communls libertatis aid falutis 
 ^ propterfuam uiilitatem airt falutcm, 
 
 As it is my determination to complete the period 
 to 1767, the reader (hall be prefented with the dif- 
 ferent Officers of the Society from its revival in the 
 time of James I. Tre&furers, Under Treafurers, 
 and Pen/toners were regularly elected until the year 
 1628, and the reader will fee, by the annexed ///?, 
 that they were Members of the Society, and, except 
 one criminal, (the Under Treafurer^ John Vddon) 
 all men refpectable in rank and character. From 
 the year 1628, the Steward afTumed a new ftation, 
 and was alfo Under Treofurcr ; the receipt of rents, 
 termly pen/ions, and caft commons was configned to 
 him. That Officer alfo provided Commons for all 
 the Members, It appears, that he boarded not only 
 
 the
 
 KING S INNS. 243 
 
 the Clerks of attending Commoners, but even their 
 fer-vants and grooms. Of this an indubitable evir. 
 dence appears, by a charge in the accounts for Mi- 
 chaelmas Term, 1634. 
 
 Carriages were not then much in ufe, but vanity 
 combined with convenience in making peribns move 
 on horfeback to the Courts.* The reader will even 
 find that an Englifli Chancellor, ab ut forty years af- 
 ter, wiihed to revive the ancient judicial cuftom of 
 riding to Weftmimter Hall ; but that fcene became 
 nearly tragical, for judge TwyfJen was unhorfed, 
 and received a violent injury by the fall. A legal 
 recorder of that event fays, the accident proceeded 
 from a want of proper gravity in the horfe, and too 
 much gravity in the rider. Englifh good fenfe was 
 
 corrected 
 
 * In the laft month, a (table was creeling ( I prejume by an 
 order of the Society) to accommodate equdlrian Members of 
 the King's Inns, and afford an Afyhm for their bcrfes and grobms. 
 This was a lively and eccentric innovation, which wo.uld totally de- 
 range any building plan, and tbereby make thnfd legal mews ftand 
 the Society in j6oo a year. Belide's, the building was infinitely 
 too fmall for general ufe, as it could contain but three or four 
 horfes, and mull be thus midaken for a private convenience. 
 Much praife is certainly due to the proftrdter of this intended n>.:l- 
 fance ; but it i& highly piopcr to mention the matter, and mew, 
 that a watchful eye ought to be indantly and inccflTar.tly ex- 
 tended to the interior movements of the Society. King's Inns 
 thus far refemble the Roman confular governn.fiit, or papal da- 
 minion though different the rulers, the maxims and practice 
 appear uniform and permanent.
 
 344 HISTORY OF THE 
 
 corrected by that difplay, and inexpedient ancient 
 practices juftly buried in the grave of time. 
 
 . Had the preceding flight circumftance been re- 
 collected or underflood, many difgraceful innova- 
 tions could not be exhibited (as hiftoric truth mud 
 enforce) in the third part of this Work. I pre- 
 fume that Members ceafed to aft as annual Under 
 Trcafurers or Penfioncrs, when the King's Inns, by 
 a crafty rule, and deviation from original practice, be- 
 came the exclufive refidence of Judges, and other 
 governmental placemen. This feparation was alfo 
 perfectly palatable in the Courts, and at the Cctjlle 
 Independency of fituation was exchanged for atten- 
 tion to lucre, and an occafional provifion carved out 
 for an humble friend. 
 
 Eecket does not appear a Member, but was proba- 
 bly an imported dependent of Strafford, and feems 
 to tread in the footfteps of all his partifans. Two 
 centuries nearly fanctify the known antiquity of 
 King's Inns Stewards, or Under Trcafurers, there- 
 fore, to borrow Lord Coke's pb>afe about copyholders, 
 if the hoitfe be mean, it is alfo ancient. The indivi- 
 duals are chequered in a variety fufficient to merit 
 not only a lift, but flight remembrances of them. 
 The Chaplains or Preachers do not red for a record 
 on the King's Inns page ; they are enrolle'd as 
 writers or prelates in an high and dignified clafs. I 
 will only feel it neceffary to add .to each name fome 
 illuilration or criticifm, which has efcaped any pre- 
 ceding review j the arrangement fhali alfo refemble 
 
 the
 
 KING'S INNS. 
 
 the policy of our Conflitution, and the Church in 
 this Hiftory precede the Law. 
 
 PREACHERS OR CHAPLAINS. 
 
 AS the full meafure of Irifh patriotifm fhould be 
 ever directed to fuftain or extend the Common Law 
 of England through this Kingdom, the King's Inns 
 Society attracts additional refpect, by engrafting a 
 Preacher on the Eftablifhment. We fee a clofe re- 
 femblance to the parent Societies in London, on the 
 revival in 1607; and the moft untutored Irimman 
 can appreciate the propriety of fuch imitation, by the 
 high and merited rank which the legal body of 
 England fuflains among that brave, humane and en- 
 lightened people. 
 
 Equal as Irimmen are to Britons in mental or cor- 
 poral perfection, it will not ba difficult to rival them 
 in calmnefs, legal integrity, and public fpirit pat- 
 terns to imitate, as well as examples to deter, copi- 
 oufly prefent themfelves among the legal tribe. Stu- 
 dents, however, are called upon by peculiar and un- 
 common ties, to prepare in a manner fuited to the 
 profeflion. Let that intelligent body refpect the fage 
 und wife conduct of preceding times, but impute 
 abufes to the fleeting vices of individuals, and not to 
 any radical fault in the legal fyflem. Progreflive 
 
 liudy,
 
 34" HISTORY OF THE 
 
 ftudy, combined with perfonal integrity, will afcer- 
 tain that folemn fact, whilft the following lift exhi- 
 bits a love for learning, and difcernment of talent, 
 in former Members or Fellows of the King's Inns. 
 
 Jacobus Ulher, Baccalaureus Theologian admifius eft 
 ut Ciericus hujus Societatis, 25 die Februarii, 
 1609 10. 
 
 The nature of this compilation precludes a gene- 
 ral criticifm on the character of this great man ; it 
 would be much more ufeful to refer the reader to bi- 
 ographers, or his own correct and clafiical works. 
 Let me obferve, that a fpecies of legal defcent feem- 
 ed to entitule Umer to this new fituation, as the Sta- 
 nyhurfts and Ufliers filled, for centuries, high and 
 lucrative {rations in that profeffion ; . and his imme- 
 diate anceftors were diftinguifhed both for integrity 
 and talent, which muft render their defcendant an 
 object fit for patronage or promotion in the revived 
 Society of King's Inns. 
 
 Uflier continued Preacher, until his elevation to 
 the epifcopal Bench in 1620 ; and was probably ad- 
 mitted, from his King's Inns office, an honorary 
 Member of Lincoln's Inn, previous to 1626. 
 Though folly or obftinacy has imputed to the Pri- 
 mate a fpirit of prophecy, he did not then forefee, 
 that the Englifii feminary would give an afylum to 
 his declining years, and fallen fortunes, by a fimilar 
 fituation. This circumftance alfo proves that the le- 
 gal body in each kingdom generally rife fuperior to 
 
 local
 
 KING'S INNS. 
 
 547 
 
 local or national prejudices, and meafure merit, not 
 by a cad of nativity, but tried literary talent, and 
 experienced perfonal integrity. Ufher was too much 
 in earned: to be a tolerant or philofophic Chriftian ; 
 to which prejudice his vivid genius contributed, and 
 fuch warmth feemed well fuited to the Irilh foil in 
 that day. This temper provoked the obftinacy of 
 opponents, and prevented a reception of that learned 
 prelate's opinions, with a readinefs fuited to their im- 
 portance or wifdom. 
 
 Theodorus Pryce, Sacrse Theologian ProfefTor, unus 
 Commiffionariorum Domini Regis, admiffus eft, 
 ut Clericus, per judiciaries, hujus hofpitii, 
 fexto die Octobris, Anno Domini, 1622. 
 
 This man only merits notice, as armed with a per- 
 fecuting power over Proteftants, and being, at the 
 fame time, a concealed papift, as well as prime fa- 
 vourite of Archbifhop Laud. Prynne thus defcribes 
 him, a profeffed wpreacking Arminian and Papift ; 
 yet Pryce was Subdean of Weftminfter^ with other 
 clerical promotions, and nearly obtained a Bimopric. 
 But an union of hypocrify and fertility were at that 
 time unerring recommendations to Lambeth, and a 
 becoming pciffport to Ireland. 
 
 Johannes
 
 HISTORY OF THE 
 
 Johannes Bramhall, Sacrce Theologize Profeffor, ad- 
 mirTus eft, ut Clericus, hujus Societatis, per juf- 
 ticiar : hujus Hofpitii, decimo die Novembris, 
 
 l6 33- 
 
 The reader fhall be referred to Harris's Edition 
 of Ware, for an account of this powerful prelate, 
 without any material criticifm of mine. His firm- 
 nefs and talents are unqueftioned ; he was alfo able 
 to leave a large eftate, acquired in Ireland a fuffi- 
 cient proof in itfelf of the caufe and effeft of profef- 
 fional activity. This prelate furvived until Charles's 
 Reftoration, and was appointed Archbifloop of Ar- 
 magh ; but he fecured the eflate ; for his fon and 
 heir became a Barrifler and Member of the King's 
 Inns in 1658, and took the ufual oath or engage- 
 ment to be true to the Government without a King 
 or Hottfe of Lords. Yet Bramhall was enabled to act 
 more correfpondent to inclination, when he fwore 
 allegiance to Charles II. and accepted the rank of a 
 Baronet from that Monarch. 
 
 Hugo de Crefiy, Artium Magifter, admiflus eft ut 
 Clericus jhujus Societatis, per Judiciaries hujus 
 hofpitii, vicefimo fecundo die Novembris, 1634. 
 
 This remarkable man was fon to Judge CrefTy, 
 and came recommended by that clofe reviewer of 
 clerical merit, Laud. However, the prelate's faga- , 
 city materially failed him j for Crefly attained the 
 
 Deanry
 
 KING'S INNS. 
 
 Deanry of Leighlin, and other Church preferments ; 
 yet became about the year 1646, a confirmed papi/t, 
 and even a Bened'rftine Monk afterward his zele or 
 duty moved him on a million to England, where he 
 laboured for better than twenty years to illuminate 
 his countrymen. 
 
 The next perfon who appears as Chaplain to the 
 King's Inns, is Mr. Henry Wootton, to whom cham- 
 bers appear afligned during the ufurpation. He was 
 alfo invited to Commons j but we are left to free 
 conjecture as to his former or fubfequent fituation ; 
 but his name is rendered familiar, by a recollection 
 of the learned Provoft of Eton, and has been enrol- 
 led among the peerage. 
 
 The next King's Inns Preacher, or Chaplain, is 
 Doctor John Parry, who was appointed in 1661. 
 He continued until his elevation to the See of Oflbry, 
 in which fituation he appears as a learned, public 
 fpirited and orthodox prelate. It is feldom the cuf- 
 tom of biographers to infert doubtful difgraces againib 
 perfons whofe actions they record ; yet, Parry has 
 not efcaped fuch a fmgular attack : He is charged, 
 by tradition, with having effaced, from the monu- 
 ment of an obnoxious individual, a flattering infcrip- 
 tion. For the honor of human nature, I hope the 
 fact did not happen ; at all events, it proves, that 
 where malice, arifing from motives merely human, 
 is charmed into oblivion, fuperftition can ftill retain 
 its fcorpion Ming. 
 
 Anthony
 
 350 HISTORY OF THE 
 
 Anthony Dopping (Parry's fucceffbr) merits every 
 eulogium, which zele for civil freedom, clerical ta- 
 lent, or perfonal firmnefs, can poflibly claim ; he 
 might alfo be confidered a child of the King's Inns 
 for his father was an Attorney, whofe entry on that 
 Roll appears in the following terms : " Eodem Die 
 et Anno (fcilifcet fecundo die Februarii, 1626) An- 
 thonius Dopping, Gen. admiflus eft in Societatem 
 hujus Hofpitii." Such was the father of this emi- 
 nent man, whofe ardor for the Conftitution of Ire- 
 land is evinced by his publication of the Modus tc- 
 nendi Parliamentum ; his clerical talent by a Treatife 
 De Vifit. Epifcopalibus, and his perfonal firmnefs, by 
 an eloquent refiftance to the repeal of the Aft. of Set- 
 tlement. To counterbalance fuch extraordinary ac- 
 complifhments, one error can only be produced, 
 but which merits double cenfure when traced to fo 
 excellent a man. Dopping, fmarting under a fenfe 
 of recent wrongs, difgraced the pulpit by a political 
 fermon. I am too well acquainted with the fccnery 
 of a Wexford rebellion, not to make allowances for 
 ebullitions of political zele or religious fury. A civil 
 war engenders fuch fentiments to a criminal excefs, 
 even in honefl minds, which neceffary confequence 
 gives an added horror to public convulfions, as amid 
 them a Dopping could not be permanently wife or 
 virtuous. 
 
 The next King's Inns Chaplain, or Preacher, John 
 Worth, never afcended the epifcopal Bench, but 
 filled the Deanry Chair of St. Patrick's. No regu- 
 lar life of him has been publimed, and his Works
 
 KING'S INNS. 3^c 
 
 (if he wrote any) have efcaped my refearch. I pre- 
 fume him to be fon to Dr. Edward Worth, Bifhop 
 of Killaloe, and younger brother to William Worth, 
 Baron of the Exchequer in the reigns of Charles and 
 James II. This family produced many public fpirited 
 men ; the preceding prelate founded and endowed 
 an hofpital called St. Stephen's, in the city of Cork, 
 with an ample landed eftate for its perpetual fup- 
 port, and other charitable purpofes. A phyfician, 
 of the fame name and family, annexed his library to 
 Steevens's Hofpital in this city, but a remote fituatioti 
 renders it of little public ufe, and probably induced 
 the Truftees to think of felling that collection, and 
 Aiding the inflitution by its pecuniary produce. Un. 
 der fuch an impreflion I viewed the Library, con- 
 ceiving that the King's Inns Society may become 
 purchafers ; but architecture was deftined to abforb 
 Law's mental feaft^ and fucceffi<ve jobs permitted ,to 
 rival each other in extravagance or abjurdity. 
 
 Doclor Alexius Stafford fucceeded to Worth ; 
 and there can be no doubt (bad Popery triumphed) 
 but a mitre or Cardinal's cap would have adorned his 
 brow. General abufe has been dealt out againfl 
 him in co-temporary pamphlets, but no particular 
 difgraceful act is either charged or fubflantiated. A 
 quaint 'legal aphorifm inftrutts me, that Dolofus ver- 
 fatur gcneralibus. Befides his voluntary ferviccs and 
 heroic death exact, even from a firm opponent to 
 his political or religious creed, a ready belief of Staf- 
 ford's perfonal virtue and humanity. 
 
 Dr.
 
 352 HISTORY OF THE 
 
 Dr. John Hartflonge, afterwards Bifhop of OfTory 
 and Derry, \vas appointed King's Inns Preacher after 
 the Revolution. This gentleman was younger fon 
 to Baron Hartftcnge, and fo far previoufly connected 
 with the Society. The only obfervation on this life 
 will be an attempt, and probably a fucccfsful one, to 
 prove him my countryman, and a native of the 
 County of Limerick. He is ftated to be born in Nor- 
 folk in 1659, in which year his father was an Irifli 
 Barrifler, having been called to that flation about 
 ten months before the alleged birth ; but fome bio- 
 graphers conceive that neither a fucccfsful man, nor 
 apcrfon of genius, ought to be a native of Ireland ; at 
 lead fuch was the prevalent fentitnent in that sera of 
 fallen national character, and virulent party preju- 
 dice. 
 
 Ezekiel Burridge, Mafter of Arts, fucceeded 
 Hartftonge in 1693, and merited that rank by aftive 
 zele during the late troubles, and his known literary 
 eminence. In this perfon we have fomething more 
 to remark than accidental birth-place, or tranfitory 
 and unfubflantial fortune. Ke was a clerical Whig, 
 and fuflained the political combat with infuriate zele. 
 No Englifh Writer equalled him in a dcfcription of 
 the public crimes or perfonal bafenefs of James II. 
 Ho\\ ever, fortunately for that Monarches fame, and 
 the feelings of his partifam, it was buried in the dark- 
 nefs of an ancient and foreign language. Burridge's 
 attack upon an Irifli Chief Juftice was neither mark- 
 ed by decorum nor probability. A tranflation of 
 Locke's Eflay into Latin, proves correct claflical 
 
 (kill,
 
 KING'S INNS. 
 
 (kill, and a ftrong attachment to the opinions, whe- 
 ther philofophic or political, of that great Author. The 
 latter were, however, Burridge's favourite purfuit, 
 yet perfonal fituation feemed often to create and di- 
 reel them. 
 
 As Vicar -General of Down and Connor , he had an 
 active concern in the fentence againft Lemuel Ma- 
 thews^ and proudly vindicates the exiftence of a re- 
 ligious fyftem of tyranny in Ireland^ which he admits 
 was wifely abolifhed in England. I merely mention 
 this circumftance to illuflrate the genius of Irifli 
 Whiggifm at that day ; it generally flowed from an 
 appetite for power or property, and mufl have been 
 therefore exercifed againft innocent and trampled op- 
 ponents ; it alfo added to this particular glaring crime, 
 an avowed degradation of national character. Party 
 negleft did not bury this Author in the angle of a 
 northern diocefe ; a King's Inns fituation led, by fre- 
 quent precedent, to a Bifliopric ; and in 1697, when 
 St. Michan's, the fole parifh on the north fide of 
 Dublin, was carved out into three, Burridge was 
 appointed the firft clergyman of St. Paul's ; but a 
 premature death deprived him of a biographical rank 
 among Irifli prelates, vvhilft literary exertions enfure 
 him a fituation tolerably exalted among the Writers 
 of this kingdom. 
 
 Doctor Peter Brown, in 1^03, filled this Ration ; 
 he was afterwards Provoft of Trinity College, and 
 Bifhop of Cork. Singularity and obttinacy have 
 given a kind of perpetuity to tin's man's lettered 
 
 A a character.
 
 354 HISTORY OF THE 
 
 character. He took the oaths to Government, 
 was yet fufpe&ed of rank difafFeclion. Probably 
 that conftraint flrengthened his difloyalty, which ap- 
 peared in a pamphlet againfl drinking memories, as 
 f avoiding of paganifm or infidelity. No Treatife could 
 roufe feverer criticifins ; it was prefented by Grand 
 "juries^ proscribed by corporals meetings^ and difgrace- 
 iully too/led at convivial clubs. The Bifhop replied > 
 rejoined, and complained^ in two other pamphlets, 
 without making a fingle convert to his opinions, for 
 fociability and Whiggifm triumphed over fobriety and 
 jacobitifm. 
 
 A moil refpeclable clergyman, Doctor John. 
 Sterne, Bifhop of Clogher, fucceeded in 1709. He 
 was then Dean of St. Patrick's, and had for his fuc- 
 ceiTor the i&cll known Jonathan Swift. This man is 
 entituled to lafting remembrance for his many ex- 
 cellent qualities. A few fuch characters would make 
 prelacy popular, even among dij/enfers^ animate civil 
 freedom by religious fupport, and confecrate literary 
 eftablimments by public bounty or perfonal encou- 
 ragement. 
 
 George Berkeley, fenior Fellow of Trinity College, 
 filled the office in 1713. As Bifhop of Cloyne, he- 
 is well known, both by his writings and practical 
 virtue even Pope's verfe would eternife his fame. 
 Let us, however, afcertain, if pojjible, what led to 
 the King's Inns appointment. Prudence or princi- 
 ple induced Berkeley to afiume the humour of that 
 day, and illuflrate political tenets in religious dif- 
 
 ourfes.
 
 KINGS INNS. 
 
 ctmrfes". Three ferrtions delivered at the college cha- 
 pel were, in 1712, publifhed under this courtly Tory 
 Title, " Pa/five Obedience vindicated upon the Prin- 
 ciples of the Law of Nature" Paganifm was called 
 in to fuftain the fyftem by an appropriate motto, 
 from the page of a republican, nee vero, aut per fe- 
 natum^ aut per populum^ fohi hac legs pojjumus. For- 
 tunately, for Berkeley's promotion, he was in Italy 
 on the acceilion of George I. and did not return 
 until party venom had fo far fubfided, as not to pre- 
 clude great literary talents, and mod amiable per- 
 fonal manners, from attaining their due afcen- 
 dancy. 
 
 Doctor Charles Carr, a Fellow of Trinity Col- 
 lege, and Chaplain to the Lord Lieutenant, in 1716, 
 filled the fame fituatiori at the King's Inns. He be- 
 came Bilhop of Killaloe, and left a vacancy for ano- 
 ther courtly prieft. 
 
 Doctor Robert Howard, from a fimilar collegiate 
 and Caflle pofition, attained the vacant feat, and 
 foon exchanged thefe fubordinate promotions for an 
 epifcopal See. Thefe prelates may be "friends to 
 learning though too wife to ivriic. The latter had a 
 brother recorded by Walpole, to whom he became 
 heir. His name has been alfo ennobled, for he was 
 grandfather to the Earl of Wicklow. 
 
 The next Chaplain, or Preacher, contrafted with 
 the preceding, appears an emblem of King's Inns 
 Tcenery, in which indolence and aflfaity, lettered eafe 
 
 A a 2 tr
 
 HISTORY 'OF THE 
 
 or laborious refearch take their refpecli-ve turns. Do&or 
 Robert Clayton, afterwards the memorable Bifhop 
 of Clogher, fucceeded to Howard in the King's Inns 
 Society. He was a man of great and univerfal 
 learning, with an excellence of perfonal character 
 fuited to fuch rank, yet his relationihip to Lord Sun- 
 don probably led him with more expedition, than 
 the preceding qualities, to an episcopal throne. 
 
 I mall not convert King's Inns remembrances into 
 a controverfial page, but give to the reader what 
 has, fora Ipng time, been -the folemn conviction of 
 my mind. I conceive, that Dr. Clayton retired in 
 1758, from an apprehenfion that he would be degra- 
 ded. He had an independent private fortune, with 
 a nice fenfe of feeling. What flrengthens my opi- 
 nion, is the continuance of an upper and confiden- 
 tial fervant under his fucceffor. I have converfed 
 with fome relations, intimates, and even fervants, 
 of this remarkable man ; all confpire,to confirm my 
 ultimate belief. The reader {hall not be further 
 perplexed, or foliated to aflume a fimilar opinion ; I 
 only recommend to him to perufe the Cafe of Sir 
 Orlando Bridgman, as reported (to borrow legal 
 terms) in the Biographia Britannica. Let him then 
 determine whether an anxiety about perfonal fanis 
 may not at lead lead a man as far as a difpofition to 
 defraud creditors. 
 
 A Mr. Gibbons appears to have been King's Inns 
 -Chaplain, or Preacher, immediately previous to 
 1732. No account remains of his appointment, 
 
 or
 
 KING S INNS. 
 
 357 
 
 or of his removal, whether occafioned by abfence, 
 promotion, or death. We may prefume him aper- 
 fon of refpeftable connexions, from the character 
 of his predeceflbrs, as no literary monument remains 
 to juftify the appointment. 
 
 In 1732, Dr. Caleb Cartwrigbt, junior Fellow -of 
 Trinity College, Dublin, flands on the King's Inns 
 Roll, not only as Chaplain, or Preacher, ,but Trea- 
 furer. This gentleman went out on a College liv- 
 ing, and died in Auguft, 1763, with which prefer* 
 ment he alfo held a prebend in the Cathedral of St. 
 Patrick. We muft conceive, from collegiate fitua- 
 tion, that Dr. Cartwright was an excellent fcholar, 
 and that fome particular merit led to the preceding 
 appointments. 
 
 No veftige of any allowance remains upon re- 
 cords, fave Chambers and Commons ; yet we cannot 
 doubt that fome flipend was added in conformity to 
 ancient ufage, and Englifli precedent. I believe 
 the unbiaifed patronage of fo learned a body formed 
 its principal benefit in the eye of die Nation and 
 Government. However, I {hall fo far ufurp the 
 official fituation of a former intimate, Sir John 
 Newport, (who is alfo a Member of the King's 
 Inns) as to propofe Ways and Means for the future 
 provifion of our Chaplain, or Preacher, and annex 
 the fame to the conclufion. of ihls Work. This ac- 
 count clofes as abruptly as the general Iliftory, com- 
 mencing with the luminous Ufljer, and clpfing with 
 tbeobfcure Cartwright; thus, refembling the progrefs 
 
 of
 
 358 mSTORY OF THZ 
 
 of the Rhine, which rifmg in Alpine mountains, 
 and fevering two great kingdoms by its rapid flood, 
 yet dwindles into a rivulet ere it mixes with the 
 ocean. 
 
 The Chapel of the King's Inns Society lay in that 
 part of the monafterial diftrift called,//? 0r //>, Mais- 
 lane ; it was mod probably one of the ancient cha- 
 pels in the Dominican friary, and merely converted 
 into a place for reformed feryice. James II. reflored 
 'it to the ancient ufe, and attended Mafs therein. On 
 the Revolution, King William prefented it, with the 
 Society's confent, to French Huguenots, who wanted a 
 place of prayer. As that fmall, but brave, body 
 contributed to the national triumph, it was due both 
 to their fervices and fufferings. The fite is now un- 
 der a fimilar ufe, by a difTenting congregation, and 
 the legal body feem equally unacquainted with their 
 ancient property, or its modern management, 
 
 On the 1 8th of June, 1607, the Society was reviv- 
 ed by the Lord Deputy's entry on its Roll, and on 
 the 24th of June, Mr. Baron Ellyot was chofen 
 Treafurer, and Mr. Jacob Newman, Sub-Treafurer, 
 until further order. Now, as Eafter Sunday in that 
 year was on the Jjfth of April, the twenty-fourth of 
 June was almoil in the end of Trinity Term. It 
 was therefore natural that the preceding officers, af- 
 ter long vacation, fhould be continued, as the Order 
 of the loth of November imports, for one year more. 
 Then alfo a Penfioner was elected ; their names mall 
 be now laid before the reader, with fome accounts. 
 
 June,
 
 KING'S INKS: 259 
 
 June, 1607, 'Baron Ellyot, Treafurer ; Jacob 
 Newman, Under Treafurer. November, 1607, 
 Baron Ellyot, Treafurer ; Jacob Newman, Under 
 Treafurer ; Chriftopher Lynch, Penfioner. No- 
 vember, 1608, Sir James Ley, C. J. K. B. Trea- 
 furer ; Nicholas Reilly, Under Treafurer ; John 
 Mead, Penfioner. 1609, Sir Nicholas Walfh, 
 Treafurer; George Robinfon, Under Treafurer-, 
 Patrick Archer, Penfioner. 
 
 Baron Ellyot accounts for the preceding period, 
 wherefore I prefume (though there is no remark to 
 that effecl) that Sir James Ley, who was removed 
 to England, fubftituted the Baron to acl for him, 
 and that Sir Nicholas Walfh, from advanced age, 
 and growing infirmities, was obliged to folicit fimi- 
 lar affiftance. This may be alfo a reafon why, for 
 feveral fucceeding years, younger perfons w-ere 
 elected to ferve faid office. His account was thus : 
 Receipts by him and the Penfioner, 93!. 193. 2&. 
 Expenditure, 82!. i6s. 2d. ^Balance, ul. 35. 
 
 1610, Robert Barnewall, Treafurer ; John Ve!- 
 ;don, Under Treafurer ; Michael Cowley, Pen- 
 fioner. 1611, John Blennerhaffet, Treafurer; 
 John Southwell, Under Treafurer ; Geoffry Gal- 
 way, Penfioner. 1612, Edward Fitz-Harris, Trea- 
 farer ; Nicholas Brady, Under Treafurer ; George 
 Lea, Penfioner. 1613, William Talbot, Treafu- 
 rer ; John Johnfon, Under Treafurcr ; Peter De 
 Lahoyde, Penfioner. 1614, John Warren, Treafu- 
 ler; John White, Under Treafurer ; David Rothe, 
 
 Penfioner.
 
 360 HISTORY OF THE 
 
 Penfioner. 1615, William Marwood, Treafurer ; 
 Thomas Ellyot, Under Treafurer ; John Cotteil, 
 Penfioner. 1616, Sir, Gerard Lovvther, Knt. Trea- 
 furer j Jofhua Downing, Under Treafurer ; Peter 
 Ailward, Penfioner. 1617, Richard Farewell, 
 Treafurer ; Nicholas Gernon, Under Treafurer ; 
 Nicholas Fitz- Williams, Penfioner. 1618, William 
 Crowe, Treafurer ; George Lowe, Under Treafu- 
 rer j James Bry ver, Penfioner. 1619, Jacob New- 
 man, Treafurer ; William Shiel, Under Treafurer ; 
 James Sherlock, Penfioner. 1620, Robert Roth, 
 Treafurer ; Harmontus Jacob, Under Treafurer j 
 Samuel Mayart, Penfioner. 1621, William Spark, 
 Treafurer j Chriftopher Ellyot, Under Treafurer j 
 Richard French, Penfioner. 
 
 No account appears fettled from the foundation, 
 except Baron Ellyot's, until this year, when Mr. 
 Mayart accounts with Mr. Andrews on the part of 
 the Society, and acknowledges a receipt of 61. is. 4d. 
 a difburfement of 3!. 45. and a balance of 2!. 1 73. 4d. 
 From this period an annual audit appears. Poffibly 
 the preceding years were inferted in fome book not 
 now extant. 
 
 In November, 1622, Sir George Shirley, Chief 
 Juftice of the King's Bench, appears as Treafurer ; 
 Nicholas Lowthcr, Under Treafurer, and Gerald 
 Aungier, Penfioner. The feveral items and termly 
 ftatements appear in the Black Book, from which 
 two years have been extracted, and appear in the 
 1 1 8th, and fubfequent pages of this Hiflory. To 
 
 re-infert
 
 KING'S INNS. -61 
 
 9 
 
 re-mfert fuch, or add the remaining fix years, feems 
 equally improper. Let us, however, name the an- 
 nual officers: 1623, John Cheevers, an Attorney, 
 Treafurer ; John Paris, Sub-Treafurer ; William 
 Latham, Penfioner. 1624, Henry Andrews, an 
 Officer of the King's Bench; Emanuel Downing, Sub- 
 Treafurer ; John . Pollexfen, Penfioner. 1625, 
 Nathaniel Catlyne, Treafurer ; Henry Bringhurft, 
 Sub-Treafurer; John Sibthorpe, Penfioner. 1626, 
 Sir Laurence Parfons, Baron of. the Exchequer, 
 Treafurer ; Nicholas Browne, Sub-Treafurer ; Fran- 
 cis Mathevv, Penfioner. 1627, Sir George Shirley, 
 Chief Juflice of the King's Bench, Treafurer; 
 Wafhington Reynolds, Sub-Treafurer ; the Pen- 
 fioner's name in the following year appears to be 
 (effaced, and in 1628, Sir Rjchard Bolton, Chief 
 Baron, is dated to be elected Treafurer, and to have 
 appointed John Cheevers, Under Treafurer. Tha 
 Receipts in this year were 59!. os. 4d. Difburfe- 
 ments, 50!. 173. 8d. Balance, 81. 2S. 8d. to the 
 houfe. 
 
 Memorandum : " That at a Council helde at the 
 King's Inns the 28th day of January, in the year of 
 the refgne of our Soverayne Lord, King Charles I. 
 Anno Domini^ 1629, Sir Chrillopher Sybthorpe, 
 Knt. his Majefty's Second Juflice of his Court of 
 King's Bench, was elected Treafurer for this houfe, 
 to continue unto the firft day of the next Michael- 
 mas Term. Receipts, 24!. 135. 4d. Difburfements, 
 27!. os. 4d. Due to Accountant, 2!. 73. Memo- 
 randum : That at z Council held in the King's Innes 
 
 the
 
 32 HISTORY OF THE 
 
 the yth day of November, in the year of the reigne of 
 our Soveraigne Lord, King Charles, the 6th,AnnoDo- 
 mini, 1630, Mr. Baron Lancelot Lowther, Efquier, 
 one of the Barons of his Majefty's Court of Ex- 
 chequer, \vas elecled Treafurer of the houfe, to con- 
 tinue for one whole year.'* N. B. The former a 
 faithful copy . Receipts, 25!. 155. 8d. Diiburfements, 
 17!. 8s. 4d. Due to the houfe, 5!. 73. 4d. 
 
 Memorandum : That at a Covmcill held in the 
 King's Innes the i ith day of November, in the 
 year of the reigne of our Soveraigne Lord, King 
 Charles, that now is, of Engl, Scotl, France, 
 and Ireland, the 7th, and in the year of our Lord 
 God, 1631, John Philpot,* Efq. one of his Majef- 
 
 * Johannes Philpot, Armiger, unus Jufticiar. Com. Banci, 
 sdmiffus eft in Societatem hujtis hofpitji oftavo die Mail, Anno. 
 Domini, i6?2. 
 
 This gentleman was afterwards knighted, and died in 
 He was an Englifmnan of ancient family, and filled the judi- 
 cial feat with talent and integrity ; his name mud therefore ap- 
 pear rcfpeftable to the reviewers of juridical hiftory, and has 
 been rendered familiar, in our time, by the unrivalled talents of 
 my friend, John Phtlfot Curran, whofe eloquence re fembles the 
 great Ronian in that claruc variety which enabled both, vetuftis 
 dare novi'Jtem, obfil-jtis nlicrzm, olfcuns lycem, fajlidllis gratiam. ' 
 Such were my remembrances, and I have merely anticipated the 
 intended publication to hail the elevation of a pcrfon nvhctn I 
 conftdcr as my oldejl affociaie in ike Four Courts ,- ive eat our Jirjl 
 dinner at the Ternpls together, and wsre called on the fame c/jy >v 
 the Iri/i) Ear. Our ficuations at the prefent moment are differ- 
 ent, but equally awful he distributes equity to fellow fubje&s, 
 
 whilft
 
 KING'S INNS. 363 
 
 iy's Juftices of his Court of Common Pleas, was 
 elected Treafurer, to continue for one whole year. 
 
 Receipts, 31!. 193. DHburfements, 37!. 135. 5d. 
 Due to Treafurer, 5!. 14$. 5d. More received 
 Afterwards;, 2!. 
 
 Memorandum : That at a Council held at the 
 King's Innes, the 8th day of November, inthe^yeare 
 of the reigne of our Soreraigne Lord, Charles, by 
 the grace of God, King of England, Scotland, 
 France, and Ireland, Defender of the Faith, &c. 
 
 the 
 
 whilfl I am exercifing juftice upon delinquent Judges, and have 
 been told, that the dread of my promifed pofthumous Remem. 
 branceshas already revived that ancient difeafe, called the //*/- 
 *" Jicknt/s, upon certain individuals. Of each guilty wretch \ 
 can only fay, with merited contempt, 
 
 " Rode, caper, vitem, tamen hie cum ftabis ad aram, 
 f In tua quod, Spargi, Cormia Pofiit, erit. 
 
 Let me mention another Irifh Judge, (the intended fuccejjbr 
 flf Philpot,} William Fletcher, a Reader of the Inner Temple, 
 Straffor'd offered the judicial vacancy to his own brother, who 
 declined it ; he then recommended Fletcher, whom Lord 
 Keeper Coventry thus defcribes ; A man well learned In his pro- 
 fejji'tn, and icry honejl. The Chancellor of Ireland, and the 
 Hiftorian of the King's Inns, can juitly apply fimilar terms to 
 the prefent rcfpedtable namefake of that old Judge. Thus, 
 another friend meets merited promotion, and if more aflociates 
 of mine are thought of, they will be found karned and humane, 
 brave and upright ; for from early yoyth I thought it a murder 
 of time to loiter with blockheads, and a degradation of perfonal 
 charaSer to form a friendship with iimeferwrt or tyrants, bypi' 
 (rites ovjlaves.
 
 364 HISTORY. OF THE 
 
 the 8th, and in the ysere of our Lord God, 1632, 
 Sir Edward Harrys, Knt. one of the Juftices of his 
 Majefty's Court of Chief Place, was elefted Treafu- 
 rer of the faid houfe, to continue |br one whole 
 year. 
 
 Receipts, 33!. 43. Difburfements, 27!. IDS. 6d. 
 Balance, 5!. 135. 6d. 
 
 Memorandum : At a Council held at the King's 
 limes the 8th day of November, 1633, and in the 
 ninth yeere of his Marie's reigne, that now is; 
 Sir Samuel Mayart, Knt. one of the Juilices of his 
 Mats. Court of Common Pleas, was elected 
 Treafurer of this houfe, to continue for one whole 
 year. 
 
 Receipts, io61. us. lod. Difburfements, 62!. 
 135. 5d. Balance, 48!. i8s. J 5d. and il. fmce re- 
 ceived. 
 
 Memorandum : That at a Council helde at the 
 King's Inns, the yth day of November, 1634, and 
 in the tenth yeare of the reigne of our Sovaraigne 
 Lord, King Charles, Hugh CrefTye, Efq. one of the 
 Juftices of his Maties Court of Chief Place, was 
 elecled Treafurer of this houfe, to continue for one 
 whole yeare. 
 
 Receipts, 74!. 123. 91!. Difburfements, 6;1. 
 io,s. n d. Balance, 61. 12$. lod. 
 
 Memo-
 
 KING'S INNS. 
 
 Memorandum : That at a Counfell held at the 
 King's Innes, the I3th day of November, 1635, 
 and in the i ith year of the reigne of our Sovaraigne 
 Lord, King Charles, James Barry, Efq. Second 
 Baron of his Majefly's Court -of Exchequer, was 
 elected Treafurer of this houfe, to continue for one 
 whole year. 
 
 Receipts, Sol. 155. Difburfements, 58!. 33. 6d. 
 Balance, 22!. us. 6d. 
 
 Barry was young in office, and had not fufficiently 
 hardened his front with judicial hypocrify or pre- 
 fumption, he therefore promptly and honeflly paid 
 over his balance to Sir Maurice Euftace, the fuc- 
 ceeding Treafurer ; but when that crafty timeferver 
 publifhed the Cafe cf Tenures, and dedicated the cor- 
 rupted and venal page to StrafFord, courtly connex- 
 ions encreafed, and he became a Cajilefpy^ and hack- 
 neyed remembrancer in the Four Courts. An interefl- 
 ed abandonment of his Sovereign explained repub- 
 lican myfteiies, and finally led him to King's Inns fraud 
 and plunder. The above Receipts and Difburfe- 
 ments are entered in Englifh, but the Balances in 
 Latin, thus : fie / emanet fuper ipfum compv.tantsm. 
 
 Sir Maurice Euftace, Ryves, Donnellan, and 
 Hilton, are to be found in page- 157, &c. of this 
 compilation; the republican Treafurers are alfo 
 mentioned. After the reiteration they were fome- 
 times re-elecled. 1 heir motive appears pretty plain, 
 from Sanlry'-s an>/ljlotfi conducV as well as other 
 
 Treafurers
 
 3&& HISTORY OF THE 
 
 Treafurers alluded to, but net named. Several 
 with great difintereftednefs and integrity , though pofll- 
 bly too great a complaifance appears in letting the 
 ground, a practice which mud ever continue, until 
 men are fworn. Scattered accounts appear during 
 Charles IPs reign, but none during James's or Wil- 
 liam's. Whenever the annual election of a Trea- 
 furer was mentioned, after the lafl revival, like all 
 other legal mi/interpretation^ it was admitted to be the 
 practice of England, and fit for that country, but not 
 fuited to Ireland. 
 
 Had not the Under Treafurer been a dependant 
 of Chancellor Bowes, the annual rent would have 
 been talked of, or if the circumftance efcaped, if 
 was, na doubt, accumulating to uphold a revival. 
 But even a greater mifchief often arifes from pre- 
 tended reform ; fchemes are varied, whilft prin- 
 ciples continue. Almoft every other year,, within 
 ray experience, has produced fome device, more re-' 
 prehenfible than the former, to which nothing has 
 contributed more effectually, than permitting per- 
 fons to interpofe their feelings as a fcreen againft re- 
 gularity and honejly : thus, whiifl one account is 
 publifhing, another is preparing for exhibition. Let 
 us, however, folemnize thefe facis, that the King's 
 Inns Society was defrauded by the Treafurerfhip of 
 Lord Chancellor Bowes, of 9251!. 175. 6d. and 
 that a fuit is now on foot on a fimilar ground. 
 
 " A Council holden in the King's Inne, the 24th 
 of June, 1608 : it is ordered, u That Robert Ly- 
 
 nacre,
 
 KING'S INNS. 367 
 
 fcacre, at his humble fuit, preferred to the Bench 
 this day, mall be eftablifhed in the office of Steward 
 of the King's Inne." 
 
 " A Council holden in the King's Inns the feven 
 and twentyeth day of January, Anno Domini, 1620, 
 We have thought fit to entertain Hugh Weft into 
 the place of Steward in the King's Inne, and to re- 
 ceive the like wages, and other allowances, as the 
 late Steward, Robert Lynacre, deceafed, hath done 
 in the faid place and office of Steward and Cooke." 
 
 " A Council holden at the King's Inne the fuctb 
 day of July, Anno Domini, 1622, 
 
 " It is agreed and ordered, That Thomas Hu- 
 leatt be Steward in this houfe from henceforth, in 
 the place of Hugh Wcft^ and that the faid Thomas 
 fhall have and receive fuch wages, and other allow- 
 ances, as is allowed unto the faid Weft, or any 
 Steward heretofore" 
 
 It is not afcertained, whether the preceding ap- 
 pointment took place on the death or removal of 
 Weft, but from the words any Steward heretofore, 
 it plainly appears, that Commons were held long 
 previous to 1607, at the King's Inns, and we had 
 evidence thereof in the divifion of chambers, by a 
 rderence to perfons who occupied them previous to 
 the civil wars under Qiieen Elifabeih. Our next 
 mode of afcertaining the fucceflion is by a payment 
 to Mr. John Grafon, as Steward, in Hilary Term, 
 
 1 1628 o,
 
 368 HISTORY OF THE 
 
 r628 9, in the accounts for that Term; but no 
 rule for Grafon^s appointment appears on the books. 
 A fimilar fmgularity attends his fucceffor, Mr. 
 Maude, whofe fituation is only evidenced by the 
 petition of Randal Beckett to fucceed upon the death 
 of the Steward Maude. 
 
 Beckett's appointment runs in the following 
 words : 
 
 " We are pleafed to grant the petitioner his re- 
 queft, and do hereby elect and admit him to be our 
 Steward in the Inns, and do require him to make 
 provifion againft the next Term. Dated this twenty- 
 third day of July, 1633, Anno Caroli Regis nono" 
 
 The preceding Stewards acted in the double ca- 
 pacity of Steward and Cook, and had no interfe- 
 rence with the moneyed concerns of the Society; they 
 were therefore faithful, humble, and honeft. But the 
 King's Inns adminiflration began to exhibit a new 
 fcenery : A corrupt and tyrannical Government ne- 
 ceflarily protected cruel and perjured fudges, and 
 thefe minifters of jultice fcreened from a luft for pa- 
 tronage, or fimilitude of fentiment, fubordinate mi- 
 nions and plunderers. The legal profeffion difdained to 
 fupply difmterefted annual Under Treafurers and 
 Penfioners, or to act under Strajfordian innovation as 
 inferior, and not co-ordinate minifters. Neither the 
 Caftle nor King's Inns junto were difpleafed at this dig- 
 nified retreat, whereby places were united and di- 
 rected to perfonal profit j and above all, future ac- 
 
 compts
 
 KING'S INNS. 369 
 
 compts wi apt In myfterious concealment, or manag- 
 ed by a pliant Government Committee. 
 
 Becket foon aflfumed an activity fuited to his pri- 
 Vate views, and th's new order of things. He ob- 
 tained a leafe of King's Inns ground, .Jufficteritfyfra* 
 clous to erect thereon an bcufe, with a garden, thus, 
 forming a city rural retreat, which future improve- 
 ments may change into permanent ground renfs. The 
 Pen/tons and Caft Comment formed a fpecies of cajual 
 revenue, which may be either compounded for, or 
 received in full, and in either cafe prudently fupprejfid. 
 In a mixed career of open impudence or concealed fraud, 
 this man moved, until June, 1640. The political 
 horizon portended an awful change, and Strafford's 
 power feemed on the wane. This profpecl probably 
 emboldened a King's Inns oppofition to infpect with 
 becoming accuracy Becket' s accounts, and general 
 official deportment. lie flood convicted of a fraud 
 in an alleged exchange of light gold, with the added 
 bafenefs of pawning the Society's plate; 
 
 An immediate removal took place, and on the 
 third of July, 1 640, Thomas Bringhurft fuccee Jed 
 the delinquent as Steward, Under Treafurer, ur 
 Seneichal of the King's Inns liberty. The mifcon- 
 duct of an extern, probably -led the Society to re- 
 turn to the exploded mode, and appoint a Member 
 of their body (when fuch a pciTon could be found) 
 as receiver of their rents and duties. Nor was any 
 meafure fo likely to fecure a faithful performance of 
 the truft, for profeilional fit nation hung upon it j 
 13 b whereas,
 
 HISTORY OF THE 
 
 whereas, the fraudulent extern could hide his guilty 
 head from the legal tribe, and move in a different 
 fphere, with the reputation of afmart, knowing fel- 
 low, in having fuccefsfully cheated all the Judges, 
 Barrifters, and Attorn'tes, in the Jfland. 
 
 Mr. Bringhurft was an Attorney of fome {land- 
 ing, and, I doubt not, of correct character ; for 
 reformers abandon their permanent intereft, or the 
 final bearings of public opinion, if they do not 
 mod carefully attend to proper perfons in the room 
 of difplaced criminals. Thus, in fuch a period, a 
 legal genius, and tried patriot, mould fucceed 3. judicial 
 blockhead, or knave, and a man of known honejiy, a 
 defaulting accountant. The new Steward, or Under 
 Treafurer's entry is : 
 
 " Thomas Bringhurft, Generofus, admiffus eft 
 in Societatem hujus hofpitii octavo decimo die Junii, 
 1632, et folvit decem. folidos." This gentleman 
 vaniflied with the Irifh Conftitution in the approach- 
 ing troubles of 1 640 ; nor can I trace his exiftence 
 further, but prefume him to be a Connaught man, 
 as a Mr. Henry Bringhurft of Kilkeran, in the 
 County of Mayo, was a witnefs on the trial of the 
 unfortunate Peer who bore that title. 
 
 In 1656, the Commons re-commenced, and, can 
 the reader believe it, on the zjth of November, 1657, 
 ihs unblujking Becket appears to have acted in the in- 
 tervening time as Under Treafurer, and was fo con- 
 tinued by the mild and modeft Corbet t. The union of 
 thefe fingular characters was cemented by that fym-
 
 37* 
 
 f}ftthy of fentiment which enabled them to bury in 
 a pleafmg and profitable oblivion, every proper re- 
 gard due to their King or Country. " We even 
 find, that on the twenty-third of November, 1657, 
 William Becket, Efq. was admitted into the King's 
 Inns Society as a Barrifter, but the Reftoration 
 blafted Randal's official hopes for ever." That awful 
 event led Gorbett to Tyburn, and buried his aifociate 
 in original obfcitrity. 
 
 Yet in 1678, his fort William, modeftly prays for 
 a leafe in reverfion, for fixty-one years,- to com- 
 mence after the expiration of his father's fubfifting 
 leafe for eighty-one years. The Bench, on the 13101 
 of November, 1678, " granted tjie reverfionary be- 
 nefit at five pounds annual rent." 1 y fuch conniv- 
 ance or corruption, the heir of a convicted and guilty 
 \Jndcr-T reafurer obtained tire continuance of his leafe 
 to the year 1778 ; and what is (till more furprifing, 
 there appears no trace of the inheritance,, at that 
 time, falling in, and adding to the Society's in- 
 come. 
 
 Under-Treafurers cln only attract public notice, 
 or emerge beyond the circle of the Society, by for- 
 \varclneis and vice. We are not, however, warranted 
 to pafs e--om fuch pcrfons without animadverfion, left 
 impunity may add to the contagion of bad example. 
 The reader will find himfelf confoled for the infamy 
 of Bccket and I eldon, by feveral proper pcrfons who 
 filled thct Jlaiion. A Mr. Thomas Crow wa; ap- 
 pointed firft during the Umrpation to affiil Becket, 
 B b z and
 
 3/2 HISTORY OF THE 
 
 and enjoyed, after the Reftoration, the full profits* 
 To him fucceeded, in 1663, Thomas Wale, of 
 tvhom I cannot give a better chara&er, than that 
 the father of Dean Swift did bufmefs with him, and 
 was his friend. Mr. Swift has been removed, 
 by the merit of his fon, into the body of this Work, 
 and illuftrates, by that information, even the colla- 
 teral benefit which mud have refulted from an earlier 
 printed Account of the King's Inns. 
 
 On the 25th of April, 1667, Mr. Stephen Pflk- 
 ington fucceeded Mr. Jonathan Swift, deceafed. 
 This man has not emerged by knavery or vice from the 
 fober made fuited tohisftation,andprefumedintegrity : 
 his name does not even appear on the books as an 
 Attorney. I find that the Steward or Under-Trea- 
 furer always tuore a gov;n within the Inns, or whiffi on 
 official duty. Three pounds is charged in the ac- 
 counts to the Society, as the appearance was to up- 
 hold the Jlation, and not perfonal 'vanity. Such was 
 and is t&t'pfattice in England ; the revival, therefore, 
 of this national fymmctry ought to take place, but, as 
 in the preceding period, b& paid for out of the Society 
 funds. 
 
 A Mr. John Abbott filled this fituation in 1681 j 
 he even got a leafe, nearly in perpetuity, and fince 
 re-leafed to his family on George's-hill. I have not 
 traced any official impropriety, and am indifpofed to 
 cenfure him for accepting a benefit where he was not 
 the truflee. Befides, his being removed under King 
 
 James
 
 KING'S INKS. 373 
 
 James mews, that he was no temporifer, but mod pro- 
 bably a conftlcntioiis Piotcjlant^ and Jinccre patriot. 
 
 To Abbott fucceeded Peter Reilly, an Attomev, 
 then Deputy to his brother Hugh, Clerk of the Pri- 
 vy Council, and after the abdication, Chancellor to 
 James. The principal caufe of the meeting on the 
 1 5th of February, 1687 8, is faid to be for his elec- 
 tion. He retreated with his brother to France, and 
 left the flation open for any fucceflbr. 
 
 On the 1 5th of June, 1691, Richard Darling was 
 elected Steward, and to ferve the Society as fuch. 
 Thus the King's Inns underwent a purgation, even 
 before the battle of /Ighrim, or furrendcr of Limerick. 
 The reader will find this gentleman in King's State of 
 the Protcftants^ page 290, certifying an Ad of Parli- 
 ament in the following terms : Copia vera. Richard 
 Darling, Cleric, in Qjfi-c. Mri. Rot. He continu- 
 ed in office until the i&tb of Match, 1 703 4, when 
 Jofeph Alhbury, Gent. (Purfe-bearer to Sir Richard 
 Cox) was elected to faid office with all the fees, per- 
 quifites, profits and advantages thereof, during pica- 
 fure ; and Richard Darling is required, with all con- 
 venient fpeed, to give Afhbury poffeflion of the houfe 
 and garden with the appurtenances j and all furni- 
 ture, utenfils, books, records, and papers thereun- 
 to, or unto the faki office belonging. 
 
 Afhbury was a protected m!ni< n and difhoneft 
 tool of Sir Richard Cox ; orders are thereKmi re- 
 peated to enforce payment of Pcnfions and Cajl Com- 
 
 nuns
 
 374 HISTORY OF THE 
 
 mom from Members, but none on the Under 
 rer to furnifo his own accounts, whereby the ufual 
 meafure of King's Inns fraud continued, and the fe= 
 condary knave remained in office until the final re- 
 moval of his difnoneft patron. 
 
 Thus, on the 3d of March, 1715, Richard 
 Blair, Gent, is appointed in the room of Jofeph 
 Alhbury, Gent. The order is a literal tranfcript of 
 the former, The mind feels fome partial relief in a 
 traniition from forward, fcheming, or difhoneft cha- 
 racters, to perfbns of lettered habits, poliflied man- 
 ners, and unblemimed name fuch moll certainly 
 \vas Blair's fucceffor. 
 
 We find, that on the 5th of February, 1721, 
 Mr. Thomas Elrington is appointed, and as the or- 
 der requires Richard Blair, late Steward, to furrcn- 
 der in the ufual form, we have evidence that Blair 
 was turned out for perfonal ill manners^ or official 
 difoonefty. I cannot trace whether Mr. Elrington 
 belonged to the legal body, for no Attorney appears 
 entered on the Black Book of Admiflions from the 
 death of Charles II. ; moft probably they were con- 
 tained in a different roll, as has been the cuftom for 
 the lad century, but fuch lift never fell into my 
 francls. Whatever fituation or connexion led to the 
 appointment, regularity, integrity, and order,' feem 
 to mark his official continuance. 
 
 Mr. Elrington promptly and honeflly propofed 
 to accept four millings and fix-pence each Term 
 
 for
 
 KING'S INNS. 375 
 
 for Caft Commons , and confine the charge to Practiti- 
 oners. Such moderation and integrity marked the pre* 
 ceding meafure, as form an irrcjiftible proof that in 
 the collection of penfions and rents he was faithful and 
 incorrupt. Whilft official ftation, as arbiter elegantia- 
 rwn to the Vice-regal court, and theatric tafte 
 equally fatisfy us, that interior management was dp- 
 corous and correfl. Commons did not long fur vive 
 Mr. Elrington, whofe death is thus announced in the 
 London Magazine for the year 1732, and month of 
 July : " Mr. Thomas Elrington, Deputy Mafter of 
 the Revels, Steward of the Inns, and Chief of his 
 Majefty's Company of Comedians in Ireland" From 
 the official pofition and profefiion of Mr. Elrington, 
 we may prefume that exterior ;polifli and pleafantry 
 of manner diflinguime.d the Steward or Under-Trea- 
 furer, though gracelefs gravity might mark a majo- 
 rity of his employers. Even this appearance is often 
 affumed, and particularly among the legal tribe. 
 This exterior myftery of the body does not merely 
 cover, according to Rofhcfaucault, the interior defects 
 of the mind, but often leads to profeffional bufmefs, 
 and official rank. If a bud be affixed to the New King's 
 Inns, the likenefs fliould not be taken from a head of 
 genius, but a brow of fomnolent dullnefs, and hol- 
 low hypocrify. Pope's juft and lively ridicule was 
 not confined to the Temple, but often tranfplanted 
 to the Hibernian more, where 
 
 " The King's Inns, late two brother Benchers faw, 
 * Who deem'd each other, oracles of Law; 
 ' When met together, thefe congenial fouls, 
 One lull'd th' Exchequer, and one ftunn'd the Rolls j 
 
 " Each
 
 376 HISTORY OF THH 
 
 Each had a gravity would make you fplit, 
 
 " Ad fliook. his head at Curran as a wit. 
 
 " 'Twas, Sir, your Law, and, Sir, your Eloquence, 
 
 " Your's Burgh's manner, and your's Y f lverton''s fenfe.' 1 
 
 Ey a prevalence of the preceding opinion, Camden 
 was pining in brieflefs poverty through Weilminfler s 
 and feenied to deferve it, for being able to illumi- 
 nate and illuftrate a legal report by an oppofite quo- 
 tation from Lucan. What a different fate awaited 
 a vain, prefumptuous, illiterate Chancery Practifer 
 on that famous ground ! Ireland alfo can produce 
 its legal phcenomenon. A man has enjoyed full 
 bufmefs, and became incompetent when on the 
 Bench, for a very obvious reafon : he pofiefied great 
 natural fagacity, and a moft retentive memory, 
 without lettered habits, or legal learning. Such a 
 pofition can only make a furface Judge. General 
 practice precludes intenfe reading, unlefs that pre- 
 cious (lore is accumulated at an early period, or in 
 a feaion of leifure, the legal code will never be re- 
 viewed with energetic accuracy, or im'Hnctive 
 {trength. Government may as well hope for a 
 Bce/haaveor Linnteus, from the noify toil of a pcftle 
 and mortar ', as a judicial Hale or Somers, from perfons 
 confined to the preceding habits, 
 
 In 1732, John Smith was appointed in the room 
 of Mr. Elrington ; he refigned after a continuance 
 of four Terms, and had intereft fufficient to obtain 
 a premium of 70!. This gentleman was then ap- 
 pointed Clerk, or Regiiter, to Solicitor General 
 
 Bowes,
 
 KINQ'S INNS. 
 
 377 
 
 Bowes, was afterwards his Secretary, and a private 
 favourite with that bafe man. All Bowes' s depen- 
 dants governed him with fmgular impudence, and 
 in many memorable inftances, for they were the 
 prefumed allocates of his perfonal or judicial crimes, 
 and were thereby enabled at a moment to deprive, by 
 difcovery, their wretched patron of liberty and life, 
 In 1734, William Battely filled the office; he was 
 an officer in the Court of Exchequer, and therefore 
 may be prefumed to be an Attorney. 
 
 In 1739, Mathlas Reily fucceeded Mr. Battely. 
 This man haa been Clerk in faid office, and indulg- 
 ed the laudable ambition of leaving ufeful memorials, 
 and arranging the irregular or imperfect records of 
 the Society. Had fimilar induflry marked preced- 
 ing officers, the King's Inns concerns would at lead 
 be eafily explored, and ready for publication at all 
 times. 
 
 Michaelmas Term, 1752, John Robinfon became 
 Steward, or Under Treafurer, and had an order to 
 get the garden and houfe at the King's Inns, ufually 
 belonging to that officer. This man will be pre* 
 fented to our view on the fecond revival in 1789, 
 upon the death of Lord Lifford. 
 
 The reader will (I truft) conceive it proper to have 
 jnferted the preceding account, as of double ufe, for 
 whilft the ancient Hiftory is thereby correctly clofed, 
 an uleful precedent for future guidance becomes en- 
 rolled. The Society will be enabled by a reference 
 
 thereto
 
 3"& HISTORY OF THE 
 
 thereto to unite paft experience with exiting wif- 
 dom, and direct every future Under Treafurer, in 
 what manner to conduct hirafelf, fo as to merit 
 public and profeflional refpect by pcrfonal mode/ty, 
 becoming politencfs, and official integrity. Such man- 
 ners will elevate the fituation beyond its natural 
 rank ; a circumflance proper at all times, but indif- 
 penfibie at the prefent moment, when by a Handing- 
 rule, (in my opinion a mo (I improper one) that 
 officer cannot be a member; were that cafe however 
 otherwife, his line of talent or ftation muft be ex- 
 tremely fubordinate, and difable him from indulg- 
 ing any material interference or perfonal prefump- 
 tion in King's Inns concerns. Mean time mild 
 manners, and unafluming honefly will be always 
 attended to by enlightened men, and probably con- 
 firm fuch Under Treafurer by a regular annual re* 
 election in the place for life. 
 
 There would be an apparent want of gratitude 
 after the ufe which it has afforded me, if I did not 
 give a few extracts from the Black Book. They 
 may illuftrate by comparifon, the relative prices of 
 articles at that time and irf our days ; or exhibit 
 minute circumflances of interior management, which 
 mark with precifion and impartiality, the habits, 
 petitions, and prejudices of men in an early period, 
 now nearly forgotten, or not thoroughly under* 
 flood. 
 
 Anno 1628, Baron Gerrard Lowther (after C. J, 
 Common Pleas) pays 5!. fine for his chambers, 
 
 Steward's
 
 KING S INNS. 
 
 379 
 
 Steward's Term wages, il. 53. 'Butler's il. alb. 
 of Candles, 8d. InEafter, 1629, two board cloths 
 for the bench table, il. 183. 6hd. ditto for the bar 
 table, 135. In 1629, fiates were ten {hillings per 
 thoufand. Eafter Term, 1630, Mr. Serjeant 
 Barry, for his admittance, 2!. This man was after- 
 wards Lord Santry, a native of Dublin, fon and 
 heir to Alderman Barry, member for that city, in 
 the parliament of 1613, anc ^ practiced for many 
 years, yet only became a member of the King's 
 Inns, or fubmitted to its penfions and rules, when 
 dignified with official ftation He was however an 
 a&ive planner of every fubfequent improper 
 change. 
 
 Trinity Term, 1630, parchment to make the 
 penfion rolls for this and the laft term is. id. 
 I only infert the preceding article to mew the fimi- 
 litude between our revived Society, and the Englifh 
 Inns of Court. Two carpenters, two days work, 
 and an half day, 73. 6d. In Hilary 1630, paid 
 the players for the grand day, 2!. It is not afcertain- 
 ed whether this was for mufic, or a dramatic ex- 
 hibition ; I mould rather think the former: Though 
 England had its Beaumont, Fletcher, Johnfon, 
 Meffinger, and Shakefpeare before this period. 
 Ireland had no theatre until 1 640, more ancient 
 mews were difplayed in convents or temporary 
 booths erected at tournaments, fairs, and markets. 
 Hilary, 1631, wine and fugar, the grand day 
 1 6s. 6d. the mixture of liquors forms a tolerable 
 proof that the wines of Portugal or Guienne, were 
 
 not
 
 380 HISTORY OF THE 
 
 not then much in life ; indeed the trade of Ireland 
 lay principally with Spain and Italy. 
 
 Hilary Term, 1632, on Candlemas Day two 
 quarts of faqk, two quarts of claret, two quarts of 
 white wine, a pound of fugar, oranges, and lemons, 
 7$. On this item I may borrow an obfervation from, 
 Johnfon as to the falary given to the Scots Profeflbr 
 Boethius, that it would puzzle a modern wine mer- 
 chant or grocer, to divide or imagine the preceding 
 prices. Eafler Term, 1633, paid the Steward's 
 wife for \valhing the table linen, 5$.- a proof of 
 the inferior rank of the Steward ; but when an im- 
 proved income afforded a fund for peculation, per- 
 ibns of a fuperior clafs affumed the office, and finally 
 the profits funk into his or the Treafurer's pocket. 
 Becket came into office on the 28th July, 1633. 
 For mending two filver4)owls, 6s.-r-A labourer for 
 two days, is. 6d. 
 
 Hilary Term, 1633 4' ^ or g ran ^ day: f u g ar 
 cs. ; two lemons, a Jhilling ; four quarts of white 
 vine, two millings j five quarts of claret, 2S. 6d. ; 
 and five quarts of fack, 55. Auguft, 1634, to 
 the Butler for his fer.vice in the Parliament time, 
 i6s. 8d. ; to the Porter for the fame, il. j to the 
 Carpenter for building the (table, il. i is. The lia- 
 ble which was erecting in the laft Term would cofl 
 better than one hundred guineas, yet poffibly not 
 five Eenchers in the kingdom knew one word about 
 that matter ; even this publication may be the firfl 
 notice given to fome of them about it, fo Angularly 
 
 concealed
 
 KING S INN*. 
 
 concealed ffr unwarranted are many proceedings ef 
 the Society. About the year 1634, the Porter, Walter 
 Lewes, petitions for leave to admit into his houfe a 
 Barber Cbirtirgeon, who was an Englifhrnan, and a 
 Proteftant. Lewes got his fituation (I prefume) for 
 enjoying both characlers,and thought no other perfon 
 could be a good neighbour,, or fit to {have a fapient 
 judicial head, and adorn its exterior. Lewes's pre- 
 decefTor was a Milefian, O'Brennan, and fo entered 
 on the books, of a name well known in Iriih an- 
 nals, and refidcnt about Cattle Comber. Michael- 
 mas Term, 1634, for a bag to hold the money, 
 6d. ; to table cloths for ihe grooms, 93. 6d. Can- 
 dlemas Term, 1634, To two pound and an half of 
 fugar on the lail grand day, five millings. This was 
 a tremendous fum on a comparative fcale of money 
 with our times. If a knowledge of commerce does 
 not accompany the reader's "judgment, ftudy will 
 engender and confirm obflinacy of opinion. Whilft 
 fingular facts or obfolete cuftoms furhim to the philo- 
 fophic mind political conclusions, and in that man- 
 ner contribute to national wifdom or popular con- 
 tent. For a pound and an half of fugar, (in the 
 year 1634) 58. 6d. A proof not of the general 
 confumption, even among higher claries, but of 
 its great fcarcity through the nation. 
 
 For two years and an 'half's rent to the King, in 
 1634, 1\. 12S. 6J. As I do not fee, in the . 
 King's Inns accounts, rents regularly paid to his 
 Majefty, nor a charge for its purchafe, the circun:- 
 j'tance either proves a general irregularity in thofe 
 
 printed
 
 HISTORY OF THE 
 
 printed ftttemente, or that the Growl! has been 
 treated like the Members at large. For a box to 
 keep the houfe writings in, (the year 1634) is. A 
 fufficient fecurity in ancient times, but not ufefully 
 adequate to counteract modern devices, or in an 
 office where a permanent placeman could fpeculate 
 on Society money, as if it were private property. 
 
 There has been a more curious ftrorrg box than 
 the preceding, and may be termed Pandoras legal 
 theft. This machine had three diftinct locks and 
 keys ; one was delivered to each feparate Truflee. 
 The cheft, or ftrong box, was alfo apparently locked 
 in the prefence of all parties, but by fome leger de 
 main one key only was turned in its lock, and the 
 ftrong box happened to be in that perfon's keeping 
 who had the key j this happened in a well-known 
 kingdom, and among men emphatically termed a 
 Friendly Society. No reafon is affigned for cha'ng-- 
 ing the annual accounts in 1636, from the ufua! 
 mode, Er.glijh' into Latin : but whether it was the 
 fafte of the writer, of a loft rule of the Society ,- 
 though the entries and grofs turns are in Latin, the 
 minute items are in Englifh. 
 
 On the 22d November, 1636, Treafufer Barori 
 Barry, not only paid his balance, but gave his fuc- 
 ceffbr a gilt bov;I, a box, a bundle of writings ; yet 
 fuch is the chequered fcenery of human life, that, 
 1 forty years after ^ in 1666, he ftands convicted of 
 official fraud, and died without reftitutlon^.or probably 
 icpentancc. An Englifh entry appears thus on the 
 
 4th
 
 KING'S INNS. 383 
 
 4th of July, 1636: Paid to the herald at arms, 
 ^Albon 1/evereth) for the book of admiflions, lol. 
 Paid to the Printer (William Bladen) for the book 
 itfelf, 4!. On the 25th July, 1639, for repairing 
 the clerk's feat in the church, 95. This must be in 
 the Society's private chapel, for the feats belonging 
 to them in Micharfs church, are charged in another 
 part of the book ; poffibly the reafon of neglecting 
 an occafional attendance at the parifli place of wor- 
 /hip, flowed from having a private chapel ; but now, 
 and I mention it with real chagrin, the King's Inns' 
 Society have neither fituation to exefcife religion 
 in. 
 
 In 1639, we find two coops for poultry,- charged 
 in the account ; Onnond Market was then their 
 eftate, and part of the King's Inns garden, when laid 
 to its prefent life after the reftoration ; its original 
 and emphatical name was New-market ; but when 
 the river was quayed in, the Viceroy's name ex- 
 tended to both. About the year 1634, the fummer 
 houfes were new built, and at an expence of 
 46!. 6s. 3d. it thus refembled the Temple garden 
 towards the river, and Gray's Inn^ where it fronted 
 Cuckoo-lane^ and the adjacent villages of Grange 
 Gorman y and GlaJJinainoge. In Hilary Term, 1639 
 40, upon Candlemas-day, for wine, fugar, lemons, 
 and oranges, 3!. is. This was a grand gala according 
 to the price of wines ; and farther bears a refem- 
 blance to Englifli Inns of Court, in ibme of which 
 Candlemas is unformly their grand day.
 
 HISTORY OF THE 
 
 On the 5th of May, 1640, Bench Commons 
 were raifed five fhillings per week above the old 
 charge, and it was then alfo ordered, That no officer 
 of the court mail have his fervant in Commons, 
 unkfe their mafters be in Commons we fee by this indul- 
 gence, \vhat a convenience the King's Inns afforded, 
 and the extreme difference between that period and 
 the prefent. In Hilary term, 1656, Pewter was 
 bought at 4di per Ib. a labourer is. per day, a car- 
 penter 2S. a bricklayer per day 2s. 6d. bricks were 
 then ten millings per thoufand. From 1640 to 
 1656, there remains no trace of Treafurer's accounts 
 or Commons; yet fome entries mew a refidence there, 
 and an occafional transfer of chambers. A Mr. 
 Lewis is entered in 1647. Dwgan is flated to refide 
 in 1648, and be the only furviving Judge in the 
 Court of King's Bench. William Bafil, the repub- 
 lican Attorney General, in the next year obtains ad- 
 mittance and Chambers. 
 
 On the 23d June, 1654, " William Olbaldefton, 
 of Hunmanby, in the. county of Yoike, Efq. foil 
 and heir of Sir Richard Ofbbaldefton, Knight, late 
 Attorney General of Ireland, is admitted into the 
 Society, of the Innes of Courte, Dublin, and hath 
 payd for his admittance, for the ufe of the faid 
 Society, the fum of 2!. 135. 4d. On the 26th and 
 27th of July, in the fame year, Allen and Petty 
 grace the books. On the 3d day of Auguft, 1654, 
 Thomas Birche of Gray's Inn, is admitted as a 
 Barriiter, into the Society. On the fecond day of 
 October, 1654, Thomas Weft of Dublin, Gent,
 
 KIWG'S iis T ws. 
 
 $n Attorney is admitted a member, on the payment 
 of the ufual fine ; and on the twentieth of October, 
 1654, Theophilus Eaton of Dublin, Gent, another 
 Attorney, is admitted. Here the entries conclude, 
 until the declared revival before mentioned ; thefe 
 admiilions are in Englifh, though the rule was not 
 then altered ; and on different days in the long; 
 vacation, an irreiiilible proof that a legal man may 
 or may not at the fame time be a member of the 
 King's Inns. 
 
 In Eafter Term, 1657, two diaper table cloths, 
 and four 'dozen of diaper napkins, coft 73. 6d. 
 fifteen yards of Holland, for two table cloths, 
 il. 73. 6d. ; in our time the Society arms have been 
 interwoven in the table linen; but why do I fay 
 arms ? The ancient appear almoft defaced from the 
 Black Book, yet bear evident marks of being the 
 Royal Arms, which were poffibly granted by the 
 munificent donor of the King's Inns. The motto 
 feems alfo firaple, but extremely appropriate, and 
 what pleafes me moft, irrefiflibly expreffive of per- 
 fonal and profeiTional gratitude the words were, 
 L'ofpitium Regis. The modern forgery, as well as 
 the motive which led to it, muft form a juft fubjeft 
 for criticifin In the third Part of this Work, and 
 %11 not be anticipated. In Eafter Term, 1657, 
 paid Mr. Bellingham, goldfmith, for plate article?, 
 12!. 195. more materials to amufe the feiiir.ivc 
 official fingers of Under Treafurers, for corrupt Trea- 
 JTurers flew at weightier game. Site of kwfes, high 
 C c
 
 3#6 HISTORY OF THE 
 
 green walks, patents, rcverftonary grants, with & 
 general fwecp cfperfonal property. 
 
 For a long cufliion for the mace to reft upon 7 
 2!. i os. : this fhews that the Chancellor not only dined 
 frequently at the hall, but alfo, fonie times in the 
 proper regalia of official dignity. I therefore hope 
 that our prefent worthy Chancellor will -revive that: 
 felutary euftom: his prefence^ and animating influ- 
 ence would infufe a new portion of health into the 
 King's Inns difordered frame; he may alfo rely upon 
 my humble but unremitted affiftance* to " inform him 
 
 J dj / 
 
 of all- its mfmanagements, concealments, or defects'* 
 Such mould be my path, when I act for the intereft 
 of Ireland, and in fupport of unfliaken political 
 principles* 
 
 Trinity Term, 1657, for the Commonwealth's 
 arms in the hall, 61. ; for Lord Henry Cromwell's 
 arms in the book and admiffion therein, ill. 58.- 
 Until thefe few years, Olkier Cromwell, was a more- 
 favourite toaft in this country with a certain clafs, 
 than our Great Deliverer. Gallic crimes have 
 taught that party more referve. " Let me recom- 
 mend them to take legal advice before they get 
 drunk, and enquire whether it is not a rank riiifdcf- 
 mcfnor, toMrink the memory of an attainted traitor." 
 It was landed property and not hereditary gratitude, 
 \vhich infpired this focial glow. Thus Sylla (aa 
 honefter man) fecured a retreat among the affoci- 
 ates of his crimes, and the partakers of nation?.! 
 plunder. 
 
 ' Michaelmas-
 
 KING'S INNS: 3$7 
 
 Michaelmas Term, 1657, removing the record 
 preffes of Upper Bench and Exchequer to the Four 
 -Courts, 4!. 1 2s. *~an hopeful pofition for national 
 -muniments or record* ; -yet the -prefent enlighten- 
 -ed period {lumbers over 'this great national object.- 
 In Hilary Term 1657 8, to fix black drinking pots, 
 $d. a fufficient proof of the fcarcity of glafs. Same 
 Term reiterates the care of the poultry. Mr. Oibald- 
 eftone's rent 4!. Society ground probably brought 
 jiim over, for his father could not be -the 'friend or 
 Protege of Strafford, without feeling an appetite to 
 poffefs the property of others. Di(burfemen,ts from 
 Eafler Term, 1659, toEafter Term, 1661, fliew 
 how undifturbed the Society was amid furroundmg 
 troubles. 
 
 Two tons of coals il. i8s. burned in the Inns, at 
 meetings in December and January, 1659; thefe 
 were confutations to plan the reftoration, as appears 
 by the parties who met in that fecret manner, and in 
 ihe vacation. For candles for the faid meetings, 
 is. 6d. In Hilary Term, 1662, there is Neta bmc> 
 that the Judges were not in Commons that Term. 
 Many Terms could I record in my time, with a 
 jimilar remark. Paid for wine for the Chancellor 
 .and Judges, continuing in Hilary T^rm, 1662 3, 
 two weeks and an half in Commons, 4!. 2S. A 
 note is to be given of all fuch pradicers as are not 
 of this Society T-an added proof, if neceflary, that 
 King's Inns Members, and the Profeflion were noc 
 o-extenfive. 
 
 . C c 2 Eafler
 
 388 HISTORY OF THE 
 
 Eafter Term, 1664, 36 yards of paving, ai' 
 2S. 6d. per yard. Eafter Term, 1665, Staples and 
 Lccks put on the King's Bench Treafury, for non- 
 payment of rent, lyth November, 1663. 
 Ordered, That no families remain in the Cham- 
 bers of the Society, and if any be, that they remove 
 immediately.'"' I recollect, but forget the page, that 
 a Mr. Tynte, who was a refpe<Tcable man, received 
 a mandate to quit his temporary refidence in the 
 Chamber of a member.- Trinity Term, 1665, paid 
 Lieutenant Farleigh and Serjeant Cook for quarters 
 at Sir John Stephens's houfe in this Inns, 5!. 4cL 
 This was a tolerably fmar,t tax, and by a mere mili- 
 tary flrength, grounded on fome aft of ftate, or 
 flar-chamber decree : For there was at that time no 
 Mutiny AS: in either kingdom. Tjiere were feveral 
 references on this bufmeft, and a replevin of the, 
 goods ; but the wifdom of Government fmothered 
 the bufmefs, whereby ancient privilege was re? 
 ftored, and no perion allowed to plunder the King's 
 Inns, except a dignified mc>iibcr^ pr confidential 
 ftrvant* 
 
 The Commons continued one week and an half 
 this Term, a practice not very intelligible, nor con- 
 fonant to Engiifh practice, mort^ning the dining 
 period ieemed to anfwer one King's Inns principle, 
 it threw call Commons upon the Members, and 
 thus extended a tax by fraudulent mifmanagement. 
 In Eafter Term, 1666, paid Lady Donnellan by 
 order, il. of 2ift June preceding, on the oppofite 
 page this is charged a fecond time, a proof of the 
 
 Treafurer's
 
 KING'S INNS. 
 
 Treasurer's mean but fyftematic knavery. Bind- 
 jmg the Biack Book, 48. 6d. Hilary Term, 1667. 
 415 yards of paving, at 4d. per yard. Michaelmas 
 Term, 1668, exchanging fix filver fpoons, zl. Thus 
 vanity was acquiring materials for official embezzle- 
 ment. Same Term, a flied for furze, and new 
 coops for fowl, 2!.; it may be inferred from this 
 en*:y that the Society baked, and reared, or at kajl 
 fattened -poultry. 
 
 
 
 Michaelmas Term, 1670, for the Stev/ard or 
 Under Treafurers gown, 3!. very fit to be revived, 
 as pointing out fuch officer to perfons on bufmefs. 
 Four tons of coals, 3!. is. 4d. Trinity Term, 1676, 
 the Porter's gown, 3!. 1 53. We fee by this diffe- 
 rence, that plainnefs mould mark a gentleman's 
 drefs, and tawdrinefs a fervant's. Paid James 
 Nixon, 45. Qd. which he paid the Lord Lieutenant's 
 clerk, for feveral copies relating to Patrick UJher's 
 pretences to the King's Inns. Modern equity, or law 
 bulmeis, has been more coftly than even the value 
 of money comparatively exhibits. Hilary Term, 
 1677, a paper book coft ps. ; this, among others, 
 loft. Eafter Term, 1678, to the Porter's wife, to 
 a quarter's wages, for nurfing the -child, il. ics. 
 I find that this foundling was called Betty Cloj/iers. 
 Did the King's Inns continue a monaftery, the 
 Monks would be more difcreet in an appellation. 
 
 Let me here clofe the Black Book, and remark, 
 That in a Bench order, the writer figns the names 
 of attending members, which appears on a compa- 
 nion
 
 HISTORY OF THE 
 
 rifon jof their fignatures in different places ; but aa 
 irregularity of writing, interlineation, and tranfpo-. 
 fition, marks every part cf it many leaves have 
 been loft it ends about the year 1729. After the 
 entries of 1636, the fubfequent page prefents thofe 
 of 1674, whilft a prior and intervening period oo 
 cupies the remainder. Thus, the reader has bee a 
 presented with what is obfcure, and fnnilar accu- 
 racy mall (I trull) diftinguilh the fequel. 
 
 There are two or three other books of the Society 
 ivhich underwent my perufal ; as they are not in my 
 poffeffion, memory mufl be relied upon. In Mi- 
 chaelmas Term, 1714, Government (fuch I believe 
 Us the word of entry) dined with the Society. In 
 Commons, wine 61, .At the fame -time there ap- 
 pears a charge for bonfires, and alfo in 17.06. In 
 Eafter Term, 1715, gentlemen to appear in their 
 gowns on circuit. This is the only order extant, to 
 lecommend or enforce fuch change. In that m.em.0* 
 vable moment of floating opinions, 1782, when 
 every fimilitude with England was hoped for or ex- 
 pected, a provifion to fuch ef&cl was looked for-^- 
 The late lamented Chi.^f Baron Burgh, and the Se* 
 cretary of State, Hcly Huichinfon, were zealous for 
 the adoption ; each had (I well remember) a long 
 toiiverfation with me upon the fu eject. The reader 
 will not bd furpiifed that I knew no I rim precedent, 
 when neither the eloquent and ambitious Burgh, nor 
 tl>e accompli/lied and inqutfitrue Hutchinjln, mentioned 
 the above entry ; for in addition to their perfqnal 
 \viflies, they, merely added, that to their certain 
 
 knowledge
 
 KING S INNS. 
 
 knowledge the alteration would be agreeable to a 
 great pcrfonage, whofe wifh it was that the 7r//Z> Bar 
 fliould referable the Englijh Body in every refpect a 
 fentiment fit to be engraven upon his tomb, and 
 meriting perpetual remembrancZBinong Liftmen. 
 
 In Trinity Term, 1715, R everend Charles 
 appointed (Chaplain. In Eafter Term, 1716, Charles- 
 Baldwin, Deputy Keeper of the Records, to pay 
 rent, or remote the Records^ and give up the pof* 
 feffion for the ufe of the Society, to whom it be-. 
 iongfc This preparatory itep to dlftrcfs or ejettmenl 
 probably led to that fixture by a new building in the 
 Caftle. Mr. Addifon was at that time Keeper of 
 the Records in this kingdom, and feconded^ or ori- 
 ginated the improved plan ; for that amiable man's 
 conduct, as keeper of Irifii Records, corresponded 
 with previous character ; and as official correctnefs 
 has fo rarely affected Ireland, merits additional re- 
 membrance or refpe6L Mr. Chetham, about the 
 year 1668-, collected thefe valuable materials, though 
 it may be doubtful whether fiich exifl at.prefent; at 
 all events, proper refearch is requifite, and ought to 
 awaken the wifdom of Government, or rouie the 
 integrity of Parliament j nor can I anticipate fo 
 mean an opinion of my countrymen, as to fuppofe 
 them indifferent to a fiibjccT: which mud have an un- 
 erring tendency to purify Law, protect property, and' 
 exalt the national character- 
 
 After the deceafe of Mr. Chetham, neglect, dif- 
 crder, and embezzlement, affected thefe precious 
 
 remains
 
 39* 
 
 remains ; but the friend of Somers imderftood, and 
 valued public freedom too well not to fix, in order 
 and a decent garb, its firmed foundation. Thus, 
 Mr. Addifon left his own inimitable works to con- 
 firm the growing virtue of Irim youth, and fecured 
 legal muniments, or public records, with the fame 
 honeft defign. 
 
 In the year 1720, Commons 'week is fo mentioned, 
 as if there was but one week of that fort in each 
 Term. However, I believe that Commons conti- 
 nued through the whole Term, but that a Mem- 
 ber's attendance for one week was fufficient to excufe 
 him from the affeffment of Caft or /ibfcnt Commons, 
 In Hilary Term, 1721, Duke of Graf ton, L. Lieu- 
 tenant, figns as a Bencher, yet no entry of his ad- 
 iniffion appears. Thus, irregularly are the entries of 
 the Society arranged, or preferved, by the pcca- 
 fional carelefjnef^ corruption^ or -ignorance of Under 
 Trcafurers^ whilfl principals from rank and weighty 
 bufmefs neglected the duty. In Hilary Term, 1726, 
 Robert Jocelyn was appointed to the new created 
 office of Third Serjeant at Law. Trinity Term, 
 
 1726, Hugh Archbimop of Armagh, one of the 
 Lords Juftices, was admitted a Bencher, This juf- 
 tifies my mention of that prelate as a Member ; no 
 Fellow of the King's Inns ever feemed to feel a 
 greater thirfl for patronage or power. In November, 
 
 1727, the orders of i2th June, 1683, and ipth 
 May, 1698, for Jive years attendance at an Englifii 
 Inn of Court, are renewed, and to have future 
 foice. The time fpent in England was feldom for a 
 
 Shorter
 
 KING'S INNS, 
 
 fhorter period. No legal or political Quixote had; at 
 that time, the hardihood to propofe introductory 
 ftudy in this country, though by degrees the Statute 
 was confidered fulfilled by two years, which at lad 
 became the. fettled, \yutmifchievous practice. H. Term, 
 1732 3, John Smith, an Englifli Barrifter, was 
 admitted to the Trim Bar, on evidence that he was 
 called to the Englifli Bar without any Certificate. I 
 believe a propofal that he fhould become a Student 
 would mock the Lawyers of both countries. In. 
 moving from one Inn of Court to another in Eng- 
 land, no fuch fcenery appears, and fubfifts here on- 
 ly by a late decifion, for I know that the gentleman, 
 alluded to upon that occafion did not pay as a Stu- 
 dent, nor do I think He ought. Mr. Caldbeck told 
 me, he did not, whofe motive for fuch conduct will 
 belt appear in the third part of this Work ; but I 
 have the account of that Term now before me the 
 fum is not charged ; poflibly it may be fufpected that 
 Mr. Cook* the Under Treafurer, received and em- 
 bezzled it. That young gentleman had it not in his 
 power the Principal was too wife and wnry no 
 Butler, Porter, or Extern, could miftake Mr. Cook 
 for a King's Inns Governor he never indulged the 
 preemption, nor could meet any Member fo g 
 or profligate as to fecond the impudent alien 
 payments were rarely made by him, and never, - 
 lieve, in his own name. This properly appen 
 to the third part of the Work, but is inferted 
 for two reaibns to reinitiate, in proper rank, the 
 memory of an honeft and unaiiuming young man - 
 and that the public may know in what manner 
 D d
 
 394 
 
 fmefs was, at that time, tranfa&ed. Written proofs 
 and perfonal obfervation will enable me (God wil- 
 ling) to make the tranfaclions of the lafh feventeen 
 years, not merely Hiftory, but, in point of au- 
 thenticity, legal matter of record. On Lord George 
 Sack-villas ele&ion in, 1734, the three Lords Juf- 
 tices attended. In 1 72 1 , four (hillings, and not five mil- 
 lings, were fixed (we have feen) for Caft Commons j 
 but in 1734, without any affigned reafon, i8s. 6d. 
 appears the annual charge. In 1736, James Gled- 
 flanes wanted a Term, which was difpenfed with, 
 at the reqtiejt of Judge Gore. This was, I fuppofe., 
 from the five years attendance, for it would be ju- 
 dicial perjury \.Q difpenfe with two years, purfuant to 
 Henry's and JLlifabeth's Statute. About this time 
 Lord Palmerjlown, (Chief Remembrancer) and Sir- 
 Compton Domvilte, (Clerk of the Crown and Hana- 
 per) al as Benchers, though no entry of their ad- 
 miffion has met my eye. In 1728, Mr. Rowan, a 
 Fellow of the King's Inns, and alfo of the Univer- 
 fity of Dublin, applied for a Profefformip of the Law 
 of Nations, without any falary but what may arife 
 from pupils. Even on fuch a plan the privilege was 
 not granted j alfo the bounty of Sir Patrick Dunn 
 was fo jobbed, as to prevent Dublin from becoming 
 a great fchool of phyfic. In 1728, afire, which con- 
 fumed his houfe on the Inrfs-guay, was fuppofed to 
 originate in a wifh to conceal domeflic embezzle- 
 ment, fo contagious was the fite, or tpfpeak more in- 
 telligibly, fo general the fyftem of jobbing. Until 
 that pernicious habit is beaten down, or becomes 
 unpopular, Ireland will not enjoy the full benefit of
 
 KING'S INNS. 
 
 J95 
 
 her fituation. As fuch is my fixed opinion, I pro- 
 fefs it a principal motive for compiling or explaining 
 King's Inns Rules, and marking their origin, objeff^ 
 and end. Similar zele mall animate further progrefs 
 in a fubject upon which I cannot poflibly have a per- 
 fonal intereft, except as far as it muft concern the 
 honor of Ireland, or welfare of its inhabitants, 
 
 ' Nil aftum reputans, fi quid fupereflet agendum.'? 
 
 END OP TtJE SECOND PART,
 
 ERRATA. 
 
 ?age 4, line 19 for Common, read Canon Law. 
 
 Page 66, line 3 'for Ana, read Anno. 
 
 Page 197, line 8 for difperfing, read difpenfing. 
 
 Jrage 208, line 9 read forth, inftead of for. 
 
 Page 249, line 17 for ufe, read novelty. 
 
 Page 322, line 5 infert in, after Jituatlon. 
 
 Page 330, line 12 mferifrom, after copied, 
 
 Same page, lail line but one, read or any charge for them wasj 
 
 Page 349, line 12 for But, read ?W. 
 
 Page 365, line 22 for Balances, read BalatiK is. 
 
 To be had at the PRINTER'S hereof, 
 
 Price Half- a- Crown, 
 
 KING'S INNS REMEMBRANCES; 
 
 OR, 
 
 An Account of IRISH JUDGES on the Revival of the KING'S 
 INIIS SOCIETY, in 1607, 
 
 BY B. T. DUHIGG, 
 
 Alib to be had at the fame Place, 
 
 Price Is. Id. 
 
 Mr. Borneo's Letter to Mr. ABBOT, fthe prefent 
 Speaker) on the Affimiiatipn of ENGLISH and 
 IRISH LAW, and the Prefervation of IRISH 
 
 RECOPxDS.
 
 PART in. 
 
 FROM THE pEATflf OF 
 LORD CHANCELLOR BOWES, 
 
 IN 1767, 
 
 TO MICHAELMAS TERM, 1806. 
 
 Hoc occultum, inteftinum, domefticuirt malum, non mod6 
 r-xiftit, verum etiam opprimit rempublicam. 
 
 Cicero. 
 
 There is a time when men will not fuffer bad things becaufe 
 heir anceftors have fuffered worfe. There is a time when the 
 roary head of inveterate abufe will neither draw reverence* nor 
 btain reljjedt. 
 
 B'urke's Speech \lpon Economical Reform. ; 
 
 /&. -CoTr.MPORARY writer ought to fubftitute ac- 
 curate detail for extenfive refearch, and indulge fel- 
 low-fubje^s with freedom of opinion^ by condenf- 
 ing into proper brevity his own. If this happy me- 
 dium be prefcrvcd, the Work will become more in- 
 telligible, and avoi'd the extremes of prolixity or 
 barrennefs. 
 
 The legal body refembles its particular profef- 
 fional fyilem in calm or enlightened periods, an he- 
 reditary famenefs contributes to rymmetry, and com- 
 >ientators uphold eflablimed Government with a
 
 j(;3 HISTORY OF -THE 
 
 zele and integrity equal to what animates divines in 
 defence of fcripture. Revived civilifation, or en- 
 croaching defpotifm, are difplayed in violent and 
 fanciful variations, by which mankind muft be 
 moulded to the general purpofes of ambitious or de 
 figning leaders. 
 
 Iriih Hiftory flrongly illuflrates the preceding 
 principles. Another leading feature of national po- 
 fition prefents itfelf to our view. The untarnifhecJ 
 Engiim code was withheld by a lull for conqueft, or 
 perverted from religious rancour in preceding pe- 
 riods. An union of both rnifchiefs feemed to affect 
 that sera which fucceeded the reign of William III. 
 The inhabitants enjoyed a pure civil Government 
 without fixed political freedom, or an acknowledged 
 equality of rights with the filler kingdom ; by this 
 means Irifh legal Students received profeffional im- 
 provement from Englim Judges and Law Books, ufe- 
 ful indeed, as an engine for ihrewd argument, or inftru- 
 ment of promotion, but little confonaht to the legal 
 policy and judicial practice of Ireland. A departure 
 from perfonal virtue and pure patriotifm was fuper- 
 added to imputed craft or mercenary habits, if they 
 afpired to fenatorial eminence or judicial Ration. 
 
 The general imbecility of Judges afforded no in- 
 centive to unite correct practice with extenfive theo- 
 ry, and blend both to the ufe of clients, or the per- 
 manent improvement of Statute Law ; yet parlia- 
 mentary fituation was neceffary to attain or divide 
 profeilional promotion with the imported natives of 
 
 England,
 
 KING'S INNS. 
 
 England. Here was no rivalry of genius, nor dig- 
 nified competition; men of fecond-rate talents 
 feemed the pre-deftined brethren of Irilh placemen, 
 equally confined in their views of Religion, Policy, 
 or Law. This degraded fixture of the Senate and 
 Bench infected the Four Courts, and guided Bar- 
 riders in perfonal piirfuits. One clafs defpaired to 
 derive froni Government the flighted encourage- 
 ment ; religious connexion or defcent enfured fuch 
 exclufion, and the other clafs would not be confided 
 in by litigants under ibo Popery Laws, a dreadful fpe- 
 cies of fuit, which was principally carried on between 
 relations, and upheld by perjury or fraud. Nothing 
 could partially correct the preceding fingular evil, 
 except an apparent zele in the profcribed party to 
 exifting Government, and a prefumed abhorrence 
 in the courtly tribe to the penal code. General pro- 
 feflional hypocrify was engendered and confirmed 
 by this ufeful craft* 
 
 Amid fuch degraded fcenery, a few enlightened 
 individuals, by fuperior talents and unblemifhed in- 
 tegrity, vindicated national character. Thefc ,nien 
 fanned the generous flame of freedom, and to an 
 hifcory, crouded with Warlike exploits, added ani- 
 mating examples .of political fkill, and legal talent. 
 The exiiling Conilitution of Ireland counteracted 
 the progrefs of improvement, and refembled, though 
 from an oppofite caufe, the exploded fyftem. If 
 the legal code became unpnrified or unimproved 
 from the rare affcmblage of Parliament, by the Stu- 
 ^ i 1 2 art$3
 
 4 OG) HISTORY OF 
 
 arts, it ran a fnnilar rifk from the fengfhen'ed'ioir- 
 tinuance under the Houfe of Hanover. 
 
 The long reign of George II. deadened national 
 ambition, whilfl Englifh exertion exhibited the luf- 
 tre and benefit of a limited feriatorial eftablifhment. 
 Hence an added gloom pervaded the public mind in 
 1761. If thirty-three years marked the exiftence 
 of the late Parliament, an half century was antici- 
 pated as the duration of the new. Juft affection for 
 a patriot King ftrengthened this political fentiment 
 by its becoming a general national wiPn. Thus, an 
 asra of BritHh pride and glory encreafed the difcon- 
 tent of reflecting Irifhmen, who juftly confidered a 
 general election not the refurrection, but grave of 
 public freedom. Ireland flood in the prececiing fitu- 
 ation in 1/67, during ivhith memorable year the S&- 
 .nate of each kingdom, and the Britifh Cabinet, fane- 
 tioned two laws, which have been the fruitful pa- 
 rents of every fubfequent revolution which has af- 
 fected the Brkrfh Empire, or, ,by its potent influ- 
 ence, the Continent of Europe. 
 
 Let us now, with firm impartial temper, review 
 fuch immediate influence on the Conftitution of Ire* 
 land, and its legal profeifors, efpecially as the. latter 
 have powerfully contributed to alter and improve 
 the former, whilft by an unaccountable fatality they 
 overlooked, or fubverted, the internal management 
 and conftitutional pofition of the King's Inns. 
 
 James
 
 KING'S INNS. 40.1 
 
 James Hewitt, fourth Juflice of the Ehglifh Court 
 of King's Bench, was appointed to fucceed Lord 
 Eowes as Chancellor of Ireland, and took his feat 
 in Hilary Term, 1768. The reader will perceive 
 that I am approaching my own period of time, by 
 : :viii an authenticated account of Lord Liflbrd's 
 
 "O O 
 
 promotion, which refts upon the authority of hi$ 
 jbn, my late friend, Judge Hewitt, 
 
 When Mr. Pitt became Prime Minifies: and Earl 
 of Chatham, the exprefs announcing that important 
 event, and his own elevation to the Great Seal, 
 reached Lord Camden whiift in a court of juflice. 
 Having adjourned with all poflible expedition, he 
 called Serjeant Hewitt to his lodgings, and offered 
 that gentleman the Judge's place which was to be 
 vacated by Wilmot's fucceeding him as Chief Juf- 
 ticer Hewitt hefitated at accepting the proffered 
 kindnefs, obferving, that a parliamentary fituation 
 might be ufeful in the promotion of fons a pro- 
 fitable market, "which rauft be clofed by the pofttion 
 of a Common Law Judge, whofc feclufion from 
 political purfuits or connexions forbad (according to 
 Englifh ui'age) any feinlly promotion. He, howe* 
 yer, added, that the Chancellor of Ireland was up- 
 wards of feyenty, and if his Lordfhip's friendmip 
 guarantied that office, the place of puifne Judge 
 would be taken as an intermediate ftep to the ex- 
 pe&ed elevation. 
 
 Camden replied with prompt and manly frieiid- 
 Jhip, that if in office, he might rely upon it, or the 
 
 Great
 
 O2 HISTORY PF 
 
 Great Seal of Britain would be open to his ambi- 
 tion. Events correfponded nearly \vith the forego- 
 ing afTertion,|for Solicitor General Willes had inte- 
 refl of the higheft fank, and would have been ap- 
 pointed, did not Camden declare, that in fuch an 
 event he muft reilgn. This well-timed threat had 
 its full effect ; the Jrifh Great Seal was given tq 
 Hewitt, and Willes configned as a puifnc Judge for 
 further improvement to Mansfield and Tales. The 
 preceding arrangement of men, alike diflinguifbed 
 for mildnefs of manners and mediocrity of talent,, 
 gave official fituation to the immortal Dunning ; a, 
 Barriiler, who united tp the mod perfect profeffionai 
 powers, tranfcendant parliamentary talent, and will 
 be admired by lateft poilerity as the reputed 
 of Jwiius, and friend of Sir William 
 
 +f / * . - . d| , J 
 
 Lord Lifford was elected a Bencher, and in 
 ter Term, 1768, his Lordihip was pleafed, at the re- 
 quell of the Society, to accept the office of Treafu- 
 rer, to continue until further crdcr. The new Chan-- 
 cellor did not imitate his fucceflbr, or a few of his 
 predecefibrs, in attempting to guide the State ma- 
 chinery of this kingdom ; fuch prefump'ion would 
 not be tolerated by the Viceroy, nor leading parlia- 
 mentary interefts 5 befides, Chancery gave him fuf- 
 ficit-nt employment. That noblen-ian never prac- 
 tifed in an Equity Court, nor received a (orid claffic 
 education, whence he might extract thofe literary 
 powers, which render profound legal refearch a 
 matter of real amufement, and enable Barriiiers to 
 unravel and retain kaw's (ubtitit intricacies with 
 
 elccliic
 
 KING'S INNS. 40^ 
 
 electric rapidity and philofophic ftrength. His hum 
 ble ambition was confined to judicial and technical 
 accuracy, which ufeful attainment, combined with 
 patience, poljtenefs, and untainted integrity, highly 
 entituled that amiable man to public efteeni. When 
 the line of, particular ftation was rendered familiar 
 or intelligible, Lord LifTord's ikill, as a common 
 Lawyer, gave ftrength and luftre to many deci- 
 fions, 
 
 Englifh and Irifh equity is not the wild licence oi ? 
 enlightened difcretion ; it is collateral to, and not 
 variant From, Common Law; in many inftances 
 controlled by precedents as uniform and ftable. 
 However, its corrective principle is more extenfive 
 .in an application of proofs, concurrent jurifdic- 
 tions, or maxims from different codes, to the full 
 and final attainment of juftice ; which united talent 
 renders an accurate and complete knowledge of 
 Common Law ancillary to eyery benefit Equity can 
 aiTume or afford. T he political movements of State 
 did not originate with Lord Liftbrd ; that wavering 
 and fiippery fame reded on different fhoulders, whilit 
 his neceflary fubfervieace to exjfting adminiftration 
 was overloqked or forgot in acknowledged purity of 
 judicial character a blefllng truly merited by Irifh- 
 men, from the hereditary attachment and reverence 
 which they bear to fuch quality. 
 
 The Octennial Bill was enabled foon after his ar- 
 rival, and received applaufe not ill-fuited to its im- 
 portance, but unjuftly applied to the Cabinet, which 
 
 entrapped
 
 HISTORY CF THE 
 
 entrapped itfelf by a defign to render the leading; 
 interelts of Ireland unpopular, fhould they reject 
 this great national meafure, or adopt alterations un- 
 der Poymngs Law. The latter were fanttified to 
 the immediate diifolution of Parliament, at the clofc 
 of the Seffion. A refident Viceroy then commenced 
 a regular attack upon the great refident connexions, 
 that the Irifh Senate may become immediately de- 
 pendant upon Englifh Minifters, without any inter- 
 vening control. The Cabinet formed in 1766, 
 ibon terminated its unprincipled career, whereby 
 'Lord Lifford was left in office an infulated placeman, 
 in a Itrange country, rather obnoxious from known 
 attachment to his patron, and merely permitted to 
 exercife judicial duty, but without any authority to 
 circulate or fupport any felf-created political or reli- 
 gious opinion. This humble, but ufeful drudgery, 
 itill further corrected perfonal defects, and enabled 
 him to exchange the doubtful character of a ftatef- 
 man, for more appropriate and permanent fame. 
 
 So averfe was this amiable man to innovation, 
 that King's Inns abeyance never provoked his foll- 
 citude or care. Legiflative principles, protective of 
 commercial integrity, parliamentary purity, and na- 
 tional interefts, met his concurrence and fupport. 
 The Bankrupt Law was enacted, Mr. Grenv; 
 election fyftem transferred to this country, and a 
 foundation laid for public offices, and the preferva- 
 tion of records, within the capital. It is rather fur- 
 priiing, that no agitator of fubfequent alterations 
 to his Lorufhip the propriety of attending 
 
 to
 
 KING'S INNS. 405 
 
 to the Bench Order of the 3d of June, 1 763, or 
 to demand a report thereon. Thus, a plan of pro- 
 per buildings, with an eftimate of their expence, 
 might precede taxation, an^ the legal body re-aiTume 
 ancient pofition correfpondeiit to the judgment of 
 the Tudors or Stuarts, with the full approbation of a 
 patriot Prince, and enlightened community* His Lord- 
 fhip's mild and unaiTuming manners would, 1o my 
 perfonal knowledge, enfure a patient hearing and rea- 
 dy reception of any meafure, provided it did not 
 entrench upon his pecuniary intereir.. " As to official 
 or llate patronage, a domeftic Parliament gave to 
 its Members an unconnected and exclufive claim. 
 The Chancellor's utmoil hope, in that line, was to 
 obtain for his fon, at an early period, a feat on the 
 Irifh Bench. My intimacy with that fon, and with 
 Lord Lifford, afcertains this fmgular fact. 
 
 Variation of patronage marks courtly or cabinet 
 manners in each kingdom, at different periods, and 
 forms a leading feature in well-authenticated hiitory. 
 A Chancellor of Great Britain appointed his Lord- 
 lliip to the Irifh Great Seal, and Lord Hardwicke 
 fuccefsfully feconded two friends in fuch purfuit ; 
 one, whil it he was in office, and another, after his 
 refignation ; but in no preceding indance was fuch 
 interference mfpeeted or avowed. Ellcfmere and 
 Bacon confined .their ambition to inferior ftations. 
 The Bankruptcy Bill, however, added to the Irifh 
 Chancellor's official income and patronage, over 
 which appointments the ufual weight of party hung 
 with HiicrniiM ffifl, and exhibited a motley mix- 
 
 turp.
 
 4CO HISTORY OF THE 
 
 ture of profeflional talents, or fuccefsful ignorance. 
 The antiquities of Ireland, doubtful or authentic^ 
 were purged by lettered men of different profeflions, 
 A refpeclable and indefatigable Attorney took the 
 Jead in legal refearch, and even chofe his Lordfliip 
 as a patron. An experienced foidier aflumed a fmii- 
 Jar line, but the King's Inns was doomed to imper- 
 vious darknefs ; of fuch evil effect is the appoint- 
 ment of a Chancellor, in either kingdom, deftitute 
 pf lettered tafte, however accomplished he may be 
 jji perfonal planners, or even judicial accuracy. 
 
 The gradual progrefs of the Octennial Bill began 
 fully to develope itfelf in the new Parliament of 1/76. 
 The ftruggles of the preceding feven years expanded 
 and encouraged political exertion j fuch quality was 
 alfohighly appreciated by public fame or perfonal pro- 
 fit. In a country \yhofe reprefentation referred more to 
 private property than popular feeling, fuch arrange- 
 ment was long and anxiouily purfued ; which gave 
 to this pernicious internal commerce, an exteniive 
 and extravagant advance. The American war com- 
 menced about this period ; its folemn difcufiion led 
 to an immediate review of the Irifh Conftitution, 
 whence an evident proof arofe, that the Britifli war 
 party avowed a right of taxation over this country, 
 and upheld the confiflency of tranfatlanfic preten* 
 fions by this undifguiied claim, 
 
 The reftrictions on Irifh trade operated as a finan- 
 cial gangrene, which weakened the fources whence 
 taxation fhould flow j but time rendered national 
 
 fervitude
 
 KIMQ'S INNS. 
 
 fervltude familiar, befldes its horrid extent was veiled 
 by a legiflative mantle from ordinary view. A col- 
 Jateral grievance arofe from the preceding pofition, 
 and exhibited in a luminous point its origin., extent^ 
 tnd appropriate cure. A military defence was with- 
 drawn, and the nation left expofed to external at- 
 tack, or internal convulfion. This tranfient evi! 
 produced permanent good ; the habitual courage 
 of Iriihmen was roufed into action 'military afibci- 
 ations covered the land. Under fuch array they af- 
 fumed civil wifdom, and were thereby enabled to 
 diflinguim the Englifh, Conflitutiqn froni its degrad? 
 td Irifh image. 
 
 Loyalty aflumed undifguifed and irrefiflible 
 ilrength. A zele for freedom and attachment to 
 monarchy moved in focial contact, and exhibited 
 Ireland with unexampled dignity to furrounding na- 
 tions. Even a venal Parliament fek the preffure of 
 public opinion ; felf-elecled Senators, felecled by 
 pui-chafe, feceded from ordinary habits, and by a. 
 dignified apoftacy 3 became the exprefs image of the 
 riatior,. Members of the King's Inns (till upheld 
 their hereditary afeendancy as to the affairs of Ire- 
 land, and leading members of that profeiTion ac- 
 quired a powerful influence over the Chancellor. 
 As Treafurer of the King's Inns he became their 
 paflive inftrument, 
 
 The following order was entered on the 1 2th of 
 February, *779 : "That gentlemen fliould have 
 their names in an Englifla Inn of Court for five
 
 HISTORY OF THE 
 
 years, and fhould keep eight Terms Common? 
 therein before admifiion." Such wholefome r. 
 were recognifed and enforced in Ireland under the 
 reign of the Stuarts, and confirmed by fimilar refo- 
 lutions fmce the acceflion of the Houfe of Brunf- 
 \vick. As this is the firft entry ancillary to the call 
 of Irifh Barrifters engrafted on this part of the 
 King's Inns Hiitory, I ihall not diftraft the reader 
 from immediate attention thereto by collateral cri- 
 
 , j 
 
 ticifm, but comprefs the fmgular and important fub- 
 jeft within as much concifenefs as is confident with 
 clearnefs, that the legal body and their fellow-iub- 
 jec~ls may calmly determine how far exiiting 'varia- 
 tions are ufeful, and to what extent the ancient efta- 
 blimment mould be revived, or well-confidered im> 
 provements be further applied, 
 
 On the iith June, 1683, it had been refolded, 
 "That noBarrilter mould be called without attending 
 Commons for five years in an Englifh Inn of Court, 
 and during fuch time to have been each Term in 
 Commons, and to have performed all due exercifes 
 during that time, unlrfs a Barrijhr there c ailed ^ and 
 that this Order be fet up in the fcreen of tbis hall, 
 and in the 'Four Courts, the firft day at leaft, or 
 longer, every Term hereafter." Moft of the entries 
 correfponded with fuch clofe attendance, and the 
 certificates afcertain the different exercifes, whether 
 commuted for money, or performed in the ancient 
 literary way. The few pubiifjied tracls of our early 
 law \viiters form a complete commentary to the pre- 
 ceding ufeful defign, and fuch ancient records as k 
 
 has
 
 XIN-C'S .IN:;?. 
 
 been in my power to review, exhibit an indeli- 
 ble memorial of judicial accuracy and talent. The 
 firft legal characters of England filled ftations in this 
 country, and ascertained their judgment and libera- 
 lity by doing juftice to Irilh Judges and Barrifters. 
 In later times, and factious or corrupt periods, mean 
 perfons attained high ftations, and feemed to juflify, 
 as by precedent, fimilar promotions; 
 
 The Revolution purified, in England, this alarm- 
 .ng change, and feparated Judges from that clafs of 
 placemen whom parliamentary intereft may create 
 or confirm. Ireland, however, felt an oppofite ef- 
 fect ; fenatorial' fituation fuperfeded every other 
 chiim ; yet immediately after that great event the 
 preceding caution was revived on the iqth day of 
 .,. May, 1698, and a relaxation from its full execution 
 imputed to the late troubles, which variation, the 
 Judges wifely add, may be prejudicial in time to come. 
 In 1727, this ancient, and nearly prefcriptive order, 
 was re-affirmed, and refcued from defuctude. Thus,- 
 from the moft early legal ePcablifhment, Englifn Inns 
 were the exclufive feminaries for Irifa Students, 
 which circumftance, far from weakening native free- 
 dom, rendered it impregnable by a connexion with 
 unadulterated Englifh Law. It is true, two periods, 
 ominous to Jriih pfofperity, prefent a claim for a na- 
 tive Inn of Law ; even fuch propofers ha\;e an ex- 
 cufe which cannot be offered by our cotemporaries. 
 The horrors of civil war, and an apprehenfion of 
 threatened rnuifhment fuggefled the baneful pTinci- 
 
 ple
 
 HicfoRY OF HE 
 
 pie under a profpectire hope of feparatioil between 
 the two kingdoms. 
 
 We have already feeh mtereft overbearing the te- 
 gular attendance at Englifh Inns, and gentlemen ab- 
 folved from a complete compliance, provided the 
 Statute was literally adhered to. In this manner 1-ivo 
 years, or eight Terms Commons only were required, 
 whilft twelve were neceffary for an Englifh call, with 
 an entry of five years, if the party had not taken 
 an univerfity degree. But no refpect was paid to 
 Dublin Univerfity by the Irifh Bench in the rule of 
 1779; nor twelve Terms Commons at an Englifh Inn 
 exacled. It is remarkable, that Chief Baron Kurgh, 
 and Earl Clare, never produced a certificate of eight 
 Terms actual Commons, but were fcreened from 
 that defect even Under the eye of Lord Lifford. I 
 have heard of fimilar indulgences fince the memo- 
 rable eftablimment*of Students in this king'dom 
 private friendfhip finoothed the way an intelligent 
 fiat was given the official Cerberus was filent, and 
 the parties think it no legal mifprifion to profit by, and 
 conceal this fraud upon the King's Inns. Authen- 
 tic anecdote thus forcibly illuftrates the intended ef- 
 fect of fanciful or defpotic reftraints, which have 
 been chiefly directed to extend patronage, or fatiate 
 avarice under the fpecious mafk of lettered improve- 
 ment, or national independence. 
 
 Prom 1779 to 1782, Ireland became an awful 
 and interefting fpectacle. An armed nation and 
 united people baffled the fpeculations of policy, or 
 
 influence
 
 KING'S I^N 3. 
 
 Influence of corruption. In the foremolt rank, and 
 "with an activity fuited to their talents; flood the 
 Lawyers Corps. Under an aftefted mafque of equa- 
 lity -and public fpirit, crafty individuals were fpurred 
 on by intereft and ambition to manage and controul 
 it. Such, however, was the learning and fagacity 
 of that learned body, that projected improvements 
 could alone effect their defign. An affimilation of 
 independent Englifh and I rim eftablifhments was the 
 leading feature of that day. This country mud be- 
 come a miniature of the fitter kingdom without fuf- 
 ficiently adverting to the origin, object, or elfecl: of 
 each. Every pofition which did not aiiume an ori- 
 ginal air, appeared difguftful, and external tyranny 
 met a fuitable return in an intended fubverfion of 
 every enactment flowing from fuch fou.rce. 
 
 The Seflion of 1781, commenced and continued 
 with an indirect rejection, or remote poftponemeni: 
 of all popular motions, whilfl authentic correfpon- 
 Jence ailures usj that the Iri{h Cabinet recommended 
 a prompt compliance with national demands. Simi- 
 lar duplicity marked the leaders of oppofition, whofe 
 mealures could only meet popular fupport in an ac- 
 knowledged ufefulnefs, or minillerial countenance, 
 from correfpondence with ancient habits. Legal 
 improvement was the favourite topic, and its prO- 
 ft'ilbrs equally admired for the rare union of courage, 
 integrity, and learning. Thus, an unremitted care' 
 of future Members iliittered every branoh of the 
 community. So liitlo was the Kirig ? s Inns- Society 
 nnderitood at that period a? to its origin y object, or 
 eors
 
 HISTORY OF THE 
 
 cfiinexiob iviffr England^ that I freely acquit all par- 
 ties from any evil defign, much lefs full forethought 
 of the tremendous confequences which have already 
 reful ted, or are likely to cncreafe from this djflojal 
 innovation, and deftructive fpirit of reform. 
 
 An array of Irifii legal Students diiTeminated an. 
 active and intrepid aflbciation through the realm 
 youth, rank, and learning, knit them to the com- 
 munity by the tendereil ties a new attendance was 
 fuperadded, irrefiftibly flattering to national pride, 
 If Irilh independence was withheld for a longer pe- 
 riod than the druggie with America continued, na- 
 tional fpirit would effect: this important change 
 that Irijhmen 'were not bound by Henry's or Elifabeth's 
 Statute. The legal link would be thus diifolved ; or 
 if a fchifm arofe, irrefiftible popularity would attach 
 to the fupporters of innovation, and domeftic Law 
 become a favourite manufacture. Thus, by the ne- 
 gtefl or ignorance of minifterial men, an unforefeen 
 inftrument was added of national difunion or difcon- 
 tent. This memorable inftance fully proves, that 
 every movement of legiflation mould be attended to 
 or fcrutinifed ; for an apparently harmlefs meafurc 
 prefented a double afpect, equally improper, and 
 alien from the Irifh Conflitution, whether it tended 
 to fecure the management of legal Students, or to 
 prepare the public mind for a feverance of its Inn 
 of Court from England. The ufefulnefs of a col- 
 lateral pofition widely differed from a feminary of 
 original legal education ; fuch effects cannot be 
 doubted, from fubfequent attempts, and the known 
 
 impreffion
 
 KING'S 
 
 iTripreffion which fuch novel inftitution has made up- 
 on honefl unfufpecling loyalty. 
 
 The feafon of its enaclment was too ftormy not 
 to bury in concealment or oblivion inferior meafures. 
 Thus, the joint wifdom of both countries is partially 
 vindicated j America engaged Britifh attention, 
 whilft Irifhmen, determined to perifh or be free, dif- 
 dained to fcrutinife, with proper feverity, any mea- 
 lure which did not immediately look to political fet- 
 tlement and legal reform. A Statute was brought 
 in by the Law Officers of the Crown, and fome Bar- 
 rifters in -opposition, which affected to provide that 
 perfons mould not in future be called to the Irifli 
 Bar without -proper qualifications ; as if the accu- 
 mulated wifdom of ages mould yield to the tranfient 
 impulfe of prefumption. The reader may prepare 
 himfelf for legiflative fituation by the falfhood of the 
 preceding paragraph. The Irifli Bar was never in 
 a more exalted Mate of merited popularity, or pro-, 
 feifional learning. 
 
 Let us calmly review the profeffed improvement : 
 ^r the Statute ordains, that perfons muft be five 
 5?cars entered in an Englifti Inn of Court, and 
 obliged to attend twelve Terms between fuch Soci- 
 ety and the King's Inns, previous to admiflion to 
 the Irifli B.ar. No le'giflative interference was necef- 
 fary for that enlargement, as far as related to Eng- 
 lifh attendance. Such regulation was enforced from 
 the earlieft sara, and formed part of the perfonal 
 mftru&ions to fticceffive Viceroys j a complete 
 ,Ff Englifh
 
 HISfOBLY OF THE 
 
 fcnglifh education feemed fo neceffary a link In the 
 Connexion of both countries, and fuch a firm prop 
 of Irifh loyalty and juftice. It is true, indolence or 
 partiality unaccountably relaxed that falutary provi- 
 fion; and equally remarkable, that a'lmofl every per- 
 fon concerned in framing that Bill, patted through 
 this modern fcreen into the pr'ofeflion; an event 
 which a fenfe of perforial talent, or the fmcerity of 
 felf-lave, would prevent the patties alluded to from 
 confidering an evil, which demoded ftatutable cor- 
 rection* 
 
 Thdre lurked, however, a principle which neither 
 Irifli Law nor practice would warrant, or a wife go- 
 vernment in either ifland fanction or fupport. The 
 intended innovation required a legiflative enactment, 
 ss it was variant from ancient ufage, and fuperadded 
 to Tudor's Law. Political craft rendered it alfo in- 
 difpenfible to blend the exceptionable matter with 
 harmlefs or unnecefiary refolves, in order to prevent! 
 detection or defeat 5 a practice frequently adopted iri 
 popular afiemblies, but peculiarly prevalent in the 
 Irifli Senate. In the preceding ominous manner a Stu- 
 dent's connexion with the King's Inns was intro- 
 duced in union or oppofttion to the Englifli Inns of 
 Court. 
 
 The trim Society, from its foundation, received 
 gentlemen entituled to practice, but did not affect to 
 qualify perfons for the profeflion ; fuch only became 
 Members when enabled by attendance in England to 
 demand a call to the Irifh Bar : with equal correft- 
 
 nef?,-
 
 KING'S INNS. 
 
 , Attornlcs 'when fwcrn ; their preceding admif- 
 Fion and inftrudion, as apprentices, having been 
 wifely left to the ancient and immemorial manage- 
 ment of profeffional matters, as their fubfequent con- 
 duel: fhould be to the fole a"nd conftitutional control 
 of the Judges. By the fmgular movement of our 
 day, an Attorney may be brought before the Bench, 
 and acquitted by the Judges in whofe Court he is a 
 Praclicer ; yet be condemned in oppofition thereto 
 by perfons not authorifed nor guided by an official 
 oath to difpenfe juftice or right therein. However, 
 four Terms were to be attended by Students in Dub- 
 lin, and their names entered in the Treafufer's bookj 
 with the payment of one guinea for each Term. ; 
 
 The mode was as curious as the vicioiis novelty 
 which introduced it. No Commons were prepared 
 or intended to be giveri ; no attention to the bufmefs 
 of the Pour Courts recommended or required. A 
 .perfonal appearance before the Steward was fiiffi- 
 cient, with the indifpenfible fee of a guinea. Thus, 
 any full grown apprentice may pafs mufler, as a fub- 
 ftitute ; or if the Student attended, he was very 
 early initiated in that fyfleni of ficlion, for which 
 the legal profeffion has been famed. The Bill met, 
 in its pafiage through the Houfe of Commons, an, 
 important, but unneceiTary improvement ; a claufe 
 was added, aflimilating the privileges of a Dublin 
 degree, to what has for ages attached in an Englifli 
 Inn of Court to a Member of Oxford and Cam- 
 bridge, and which has been extended by Englifh 
 F f 2 Benchers
 
 4l6 HISTORY OF TftE 
 
 Benchers with dignified liberality to the Irifh Uni 
 verfity. 
 
 ufeleflnefs of 4 that Statute appears by an ac- 
 knowledged authority in the King's Inns to fix a time 
 of attendance in London, and to temper fuch regu- 
 lation with a fuitable preference and refpeft for uni- 
 verfity education. The mifchief of parliamentary 
 interference to for ct a previous entry in Ireland \?as 
 very obvious ; a principle became thereby admitted, 
 which filently tended to fever the conftitutional con- 
 nexion of this country with England. The legal 
 Education of Irimmen in London gave prefcriptive 
 ftrength fo o'ur common union. An oppofite prin- 
 ciple began to gain ground, and it was fuitable to 
 the prevalent fpirit of that time to extend Irifh at- 
 tendance, and declare, that -no entry at an Englffi 
 Inn of Court was mcejfary. Henry's Statute required 
 a refiance in an Engli/h Inn of Court, and was fat is- 
 fied therewith. Its fpirit was, however, not merely 
 reflected upon, but in one important inftancc < !; 
 reftly repealed. 
 
 The moft eminent: Englim Pracl:icer could not ? 
 
 as heretofore, be called to the Irifli Bar without z 
 
 previous entry as a Student of the King's Inns ; he 
 
 muft even, under the fubfequent charter, fubmit as- 
 
 . a mooting pupil in our tfew legal aca'dcmy^ ere ac- 
 
 knowledged talents or practiced learning could ena- 
 
 ble the harajjed veteran to boh or indulge in pervi*- 
 
 fes at the Irifh Bar. A private writer may hefitate' 
 
 t commenting upon cxiiting afts, though fettled 
 
 filencc
 
 KING'S INNS. 417 
 
 fiience mull be fubverfive of general freedom ; but 
 the preceding Statute has been purged from the 
 Temple of Legiflation, yet, by a fingular pertina- 
 city, tranfient King's Inns rulers have confirmed 
 what legiflative wifdom has condefcended to repeal, 
 and proved their fettled neglect of claflic tafte or 
 collegiate eflablifliment, by an abrogation of theprl- 
 yilege annexed to a Dublin degree.. t 
 
 It has been neceflary to difcufs and criticife the 
 principles, object, and effect of that ill-confidered 
 law, as its condemnation may - prevent an interfe- 
 rence upon a partial or confined view of a legal fub- 
 ject, and juftify Government in a vigilant oppofition 
 to rules variant from the wifdom of ages, or the 
 eftablifhed habijts of both countries. Such attempts 
 may not always proceed from an appetite, for power, 
 or party fpirit, but they inevitably Lead to corruption, 
 embezzlement, an<$ private jobbing ; which practices 
 taint the manners, and degrade the characters of fe- 
 niors in the profeflion, and encourage, by evil ex- 
 ample, a fimilar difpofition through the rjfjng gene- 
 ration, even to remoteft pofterity. Lawyers have 
 ridiculed Game Laws, as framed by fportfmen 4ef- 
 titute of profeflional fkjll ; . and naval heroes, fearlefs 
 of foes or waves, fh udder at a legal trade wind. 
 But eafe and uniformity can fecond legiflative provi- 
 fions, if interefted innovation meets wholefome de- 
 lay, and plainnefs of language in each Statute fu- 
 perfedes hypocrify of defign. Many rnifchievous 
 conftructions and precipitate explanations flow from 
 Jegiflative vanity j but when Lawyers indulge the 
 
 vice,
 
 4*8 HISTORY 0V r i'H 
 
 vice, Parliament feels a fault at head quarters, xvhicll 
 no fecondary talents can cure. 
 
 Public fpirit requires a revival of primitive legal 
 yules : let profefiional Senators then firft confider a 
 
 WLV Statute, as the fubjecT: Hands at Conniion Law ; 
 calmly reflect upon th$ remedy which that fyflem ap- 
 plies, and extend or circumfcribe projcftcd improve- 
 ment as befl correfponds, with temporary convenience 
 and general jufiice. There could be no Law in which 
 the innocence of the framers more (Irongly counter- 
 acted any apparent perfonal or political guilt. I wa$ 
 intimate with them all, and cannot be confidered a 
 flatterer in affirming, that fuch was their jcaloufy or 
 deleftatinn cf each other , as not to agree in any matter 
 which did not appear generally juft^ or cb-'doujly infig- 
 wjicant. Were the propofecl meaiure confined to an 
 Hail, Library, and Chapel, it would megt every 
 approbation which could rcfult from integrity or 
 good fenfe, and receive from the Government and 
 ParUament unaniinous encouragement and fupport. 
 With a view to this plaufible pretence, and an appa- 
 rent confinement to a dining-hall, a ftarnp of five 
 pounds was affixed to the call of earh perfon to thq 
 Bar, and the admifijon of a Student from Eafter 
 Term, 1782. Though the Irifh Revolution at that 
 awful moment led to every future movement of our 
 times, and Laws or Lawyers openly guided, or fi- 
 J'cntly conducted the irUjereftmg i'cenes ; a particu- 
 lar account of their body precludes that clofe, cor- 
 yeO, and general review, which the importance of 
 Irilh exertion, feems entituled to at that tremendous 
 
 crifis*
 
 KING'S INN?. 419 
 
 jcrifis. An apparent unanimity accompanied the 
 mod fyftematic hypocrify ;^ the Englifli Cabinet and 
 Irifh Parliament were undoubted mifreprefentatives 
 of their refpectiye nations. The filter kingdom did 
 not cordially confent, nor this country fmcerely be- 
 lieve, that legal chains or commercial monopoly 
 were finally refigned. The .temporary benefit was,, 
 however, ufurped by the legal body in Ireland, an4 
 uncommon rank and emolument fecured to ignorant 
 or unprincipled individuals at an heavy and unexam- 
 pled expence to the country. 
 
 We fee, about .this time, the firft attempt to re- 
 gulate Attornies in their approach to profeflion, by 
 a King's Jnns order; for on the nth of May, 1782, 
 Clerks to be admitte4 Attornies mud write Court 
 and Text hand. I find np fault with the preceding 
 regulation j as a Judge, I would recommend or en- 
 force it ; as an Examiner, attend to and obey it j 
 and if the father of an apprentice, applaud the inte- 
 grity and wifdpm of its propofers. Yet from a fa- 
 tality attending Irifh inftitutions, many matters, right 
 in themfelves, are liable to cenfure from the mode 
 of introduction. What had the Bcncben to do with 
 the praftke or learning of Attornies? Did 'even their 
 own partial or contradictory archives furnifli a fingle 
 felfifh or prefumptuous precedent to juftify theyTy in* 
 novation. 
 
 The artful and ftudied confufion of blending 
 what Judges ought to do, as fuch, with their cha- 
 ra&er a's honorary guardians of a voluntary affocia- 
 
 tion,
 
 420 HISTORY OF THE 
 
 fcion, was the concealed defign. Thus, refemblihg 
 the morality of an inquifition, and the fettled craft 
 of a papal cabinet, in whofe records harmlefs pre- 
 cepts or ufeful doctrines are cafually entered to juf- 
 tify or ftrengthen fubfequent felf-intereft arid tyran- 
 ny. Amid the miftings of internal adminiftration, 
 or preflure of external dominion, King's Inns inno- 
 vation has preferved a fteady and unaltered ftep ; for 
 on the 8th July, 1783, " aperfon memorialling for a 
 call, mufl fet forth his parents' names., their additions, 
 abode, occupation, and religion, their own courj'e of 
 education, and former occupation of life, (if they fol- 
 lowed any) and alfo their ftanding in England." 
 This order, fo minute and extenfive in its object of 
 enquiry, exceeded any precedent in theEnglim Inns, 
 but was well calculated to create and confirm an in- 
 fernal party fyftem, 
 
 1 From the acceffion of James I. very few adven- 
 turers approached the Irifli Bar, and in earlier times 
 men of the moft refpectable defcent, or ample pro- 
 perty, exclusively filled that ftation. Where the ir- 
 refiftible impulfe of genius animated well educated 
 men, .of narrow mean?, to encounter this great dif- 
 ficulty, their original good conduct correfponded with 
 final fuccefs. It was therefore unwife to add new 
 obftructions to the approach of fuch perfons, though 
 extremely natural to find, that this fpirit of exclu- 
 fion met fupport from that quarter. 
 
 The flate of fociety was ib completely changed 
 from the death of Eliiabeth, thqt ttte' order of James 
 
 I. to
 
 KIKG'S INNS. 4,>| 
 
 I r to Engljfh Inns of Court fell into becoming defu- 
 stude. That Monarch, in the firit year of his reign, 
 commanded that none ihould be admitted as Stu- 
 dents, but genileniCn of defcent, until his pleafure 
 were known. In compliance y.'ith the Royal man- 
 date, each Society ordered, " That the name be 
 firil put into the Penfion Roll, and dejayed- until the 
 next Term, if he were fit.'* lime co-operated 
 with common fenfe in furthering the fanciful novel- 
 ty of a lettered Prince ; profeflional talent was fub- 
 i'tituted for heraldic vanity, and Law permitted to 
 run a collateral career with phyfic or divinity. Thus, 
 men of mean defcent, or laborious younger bro- 
 thers, form the advance guard of legal dignity and 
 fcience; a preclufion of fuch would deprive the Stu- 
 dent of Saunders's elaborate pleadings, and accu- 
 rate reports the iiate of Somers's virtuous talents, 
 und private friendfhip or public -charity, feel no aid 
 from Qa&e's gratitude and bounty, 
 
 Had the order afiumed the fpirit of an ex 
 fatlo Law, and exiiting Members been called to ac 
 .count' for falfiiying public records, au'hoflile party 
 among the Benchers m^y not accept it as a fufficient 
 apology from tb -'f olfcure perjlnx t that they 
 
 entered Englilli Inns as the ions of _j quires, merely 
 becaufe their fathers were not gentlemen. The Irifh 
 order went tp an unnccctTary length., aud favoured 
 more of curiofity than/uie, 
 
 That portion of youth who "are emphatically called 
 natural children, were thus obliged to authenticate 
 
 their
 
 422 HISTORY OF THE 
 
 their own illegitimacy, run the rifque of future ex* 
 pulfion by fubfcribing a known falfhood, or be pre- 
 cluded from that profefljonal career to which bril- 
 liant talents and perfevering induftry inevitably lead. 
 ,et not the reader imagine that I am arguing upon 
 an extreme poilible cafe, though legiflative provifions 
 or well-confidered Bench rules ought to provide for 
 fuch. The grievance has frequently happened, and 
 feverely afflicted both parent and child. Its firft in- 
 ftance affected the expected heir of a large fortune 
 fuch perfon was naturally protected by the Chan- 
 cellor and Trcafurer. I was apparently confulted for 
 advice upon the occafion, as they well knew that it 
 could not efcape my notice. The precedent thus efta- 
 blifhed, was enforced on every fubfequent occafion, 
 which came to my knowledge. I thus converted 
 the decifion of particular partiality, into an inftru-. 
 jnent of general liberality, and the mother's name 
 Altogether fupprefled, does not preclude admiflion. 
 
 About this time, three Judges were added to the, 
 Common Law Courts, and as two died in Autumn 
 of 1783, five perfons together mounted the judicial 
 feat a number only to be equalled in modern time 
 by the arrangement which took place immediately 
 after the union. A fymmetry with the exterior 
 forms of Englifh Government was fpecioufly held 
 out, and in moil inftances became a veil for exten- 
 five and increafed patronage. Twelve Judges thus 
 graced annual Seffions, and aided by legal accu- 
 racy the active energies of an Irifh peerage. That 
 ^uguft body compenfated for a long abeyance by an 
 
 interference
 
 KING'S INNS. 423 
 
 interference on appeals more minute and particular 
 than what diilinguifhes their Bnulh brethren. The 
 five pound {lamp formed an impediment to further 
 improvement ; an ufeful arrear was thereby accu- 
 mulated in the hands of the noble Treaiurer, who 
 need not ferioufly apprehend the claim of an ac- 
 count- 'Judges or leading Barriftsrs would not be fo 
 uncivil. Thus, a beneficial debt accrued, on which 
 his Lordfhip might traffic, like an Executor, with 
 paying intereft ; and finally, (is jbc event proved., iuo- 
 peed thereto as a Legatee, 
 
 Inferior Receivers profited by this anticipated 
 fpoil no regular entries were kept, whereby a fub T 
 fequent mifchief attached to the Society and inno- 
 cent Students. Even in 1786, when the foundation 
 of New Four Courts was laid in the centre of the 
 public offices, no idea occurred of an Hall, Chapel^ 
 and Library ; but the feafon was not ripe for fuc- 
 cefsful defpotifm or jobbing, Engliflimen, like Lif* 
 fcrd or Ruthtnd, would borrow the lijjht from our 
 filler kingdom, and not counteract its genius or wif- 
 dom. King's Inns innovation was thus delayed, un- 
 til the Chancellor's death diflolyed official union. 
 This interesting event opened to one perfon a prof- 
 peel of the Great Seal, and to others, equally am- 
 bitious, the humbler view of guiding the profeffion ? 
 and managing its internal concerns. 
 
 The reader mud now prepare for revolutionary 
 fcenes, in the formation of which little attei;: 
 was paid to public fpirit, or legal precedent. 
 
 all
 
 HISTORY OF THE 
 
 alkfion will henceforward be made to the genera} 
 ftate of the country, or its movements ; legal vari- 
 ations or King's Inns concerns iliall occupy the fuc- 
 ceeding pages. Exifling vanity or departed vice are, 
 alike intituled to abhorrence and oblivion; whilft 
 fads, too recent for doubt or denial, prefs forward 
 to purify Liberty and Law, by roufing Prince and 
 People to jheir amendment or repeal. My perfonal 
 intereft meets fuppert in their extent or continuance, 
 befides, every tyrant or fycophant among the legal 
 tribe will execrate me for interrupting favourite prin- 
 ciples, or interefted purfuits. I can thus apply the 
 language of an irritated Roman patriot, to opprefied 
 cotemporaries : .*' Multa me Dehortantur a vobis 
 amici, ni Stadium patriae fuperet, nam ilia quidem 
 piget dicere, his annis quindecim quam ludibrio 
 f ueritis fuperbise paucorum, ita quam quifque pef 
 fume fecit, tam maxirne tutus fuit, metum a feclere 
 fuo ad ignaviam veflram tranftulere, quos omnes, 
 eadem cupere, eadem Metuere in unum coegit. 
 quod fi vos tain libertatis curam haberetis, 
 quam illi ad dominationeni accenfi funt ; profeclo 
 neque Regis bofpitium ficuti nunc vailaretur, & be- 
 neficia veftra penes optimos, non audacifiimos forent, 
 certe ego libertatenij quse mihi tradita eft, experiar, 
 verurn id fruftra, an ob rem faciam, in veftra manu 
 fitum efl.' J It was obvious, that if a Treafurer was 
 not appointed during the vacancy of the Great Seal, 
 matters would move in the preceding manner, and 
 the new Chancellor ofcupy the vacant office. With 
 becoming promptitude and judgment, it was de- 
 clared, on the 23d May, 1789, forthwith expedient 
 ;o proceed to the election of a Treafurer 5 it was 
 
 alfo
 
 KING'S INNS. 
 
 atfo ordered, " That the Treafurer, for the time 
 being, do lay before the Society, on the firft day of 
 every iffuable Term, an account of the receipts, dif- 
 burfements, and balance due to this Society, remain- 
 ing in his hands." " That faid balance be paid into 
 the Bank of Ireland, on account of this Society." 
 " That it is expedient to appoint a Committee to in- 
 fpect the Treafurer's account on the firft day of every 
 ifiuable Term." " That William Caldbeck, Efq. 
 be decked Treafurer for one year, ending the lail 
 day of E.after 7'erm next." Such were the pre- - 
 paratory fteps which led to moil important events ; 
 i he feveral refolves feemed protective of official pu- 
 rity, and profeffional decorum. If practical inte- 
 grity be equal to prefumed talent, a ftormy or turbu- 
 lent period renders fuch hiftory extremely intereft- 
 ing, as pofterity muft look thereto for honeft and 
 enlightened precedents. 
 
 The activity of this new adniflration was for a 
 Tome time checked, from a want of pecuniary re- 
 fources to exercife its genius for innovation or ex- 
 penditure. Students on entry^ and Barrifters a: 
 their call, paid a ftamp of 5!. each to the Society. 
 The ancient fine of Barriicers on admiilion was 
 2Li3S.4d.; and each Attorney, 135. 4d. .in the 
 fucceeding Seilion, the preceding ftamp duty was 
 doubled. This, with the Aim of 1527!. due at the 
 Stamp Office, r.;id received by the new frealur^r, 
 formed a new and increafmg t'und. The fucceeding 
 "ierm gave a regular determination to Mr. Cald- 
 beck's official fituation, and itrongly bound his par - 
 tieular friends, by perfonat honor and public fj-
 
 426 HISTORY OF THE 
 
 to enforce its jufl obTervance. That principle aban- 
 doned, every impudent pretenfion, on their part, toi 
 the preceding manly qualities is completely done 
 away. 
 
 Hiftorians muft, however, take mankind accord- 
 ing to their conduct, and impartially difpenfe cen- 
 fure, or applaufe. The motive of revival already 
 commences to appear^ and will enable the reader to 
 judge with proportioned precifion as to fucceeding 
 events. It is a merited compliment to the general 
 clafs of Benchers, that they were unapprifed of the 
 projected fchemes^ and therefore unfolicitous of the 
 vacant fituation. On this fubject innovators were* 
 perfectly filent ; feveral gentlemen, then prefeht, af- 
 fured me, that they had no forethought of the fub- 
 fequent profit attached to the office of Treafurer. 
 Such aflertion can meet the more eafy credit, as thd 
 magnitude and variety of the defign required incef- 
 fant cunning to arrange, mature, and bring to per- 
 fection, a circumftance which renders thd defcrip- 
 tion of its progrefs a matter of profeffional intereft^ 
 and national benefit. 
 
 But it is the firft effort of hiftoric ufe and impor- 
 tance to adjiift the Treafurer's accounts, and do 
 equal juftice to him and the Societyj by a timely 
 difcharge of the balance; An honed and intelligent 
 reader would fuppofe fuch matters fo regularly ar- 
 tanged, as to occafion little delay or trouble ; but 
 there always exifts a fludied confufion in difhoneft 
 ascounts, which proves that public jobbing requires 
 
 detection
 
 KING'S INNS. 
 
 detection and difgrace^ before protected party feeta 
 a blufli, or perfonal plunder yields to national inte- 
 reft. Britain exercifes this powerful principle with 
 a fpirlt congenial to the integrity of its Government^ 
 and the hereditary patriotifrn of enlightened inhabi- 
 tants. 
 
 Irifh adminiftration, generally adverfe to the inte- 
 freft of the country, encouraged a different conduct 
 in their degraded dependants ; even extorted im- 
 provements are thereby rendered narrow, partial^ 
 and incomplete. Thus, the effects of the South Sea 
 Scheme corrected in Englifh courts what a fimilar 
 neceflity introduced into Ireland iixty years after* 
 With us, reform reluctantly extends to the peccant 
 part, whereas in England a particular ufeful prin- 
 ciple becomes an univerfal operative rule. 
 
 Lord Lifford filled the office for twenty-one years 5 
 even avarice was fufficient to awaken his curiofi ty, by 
 that rmgular appointment, as to the difference in many 
 Irifh plans from Englifh practice. No man knew bet- 
 ter the value of money, or the progreffive power of 
 intereft. 
 
 let us now fee the acknowledged receipt j next 
 review the allowed expenditure ; and laftly, record 
 what remains unaccompted for, and undifcharged : 
 Balance of Lord Bowes' s account was 6o81. 175, 
 led. Received from John Robinfon in Eafler* 
 1768, 129!. Admiffion of Benchers, 1 681. 13-8. 4d. 
 Of Barrifters, 1360!. of which latter perfons one 
 
 hvndr"*!
 
 HISTORY OF THE 
 
 hundred and ninety-fix paid a ftamp ' duty of 5?; 
 tach, on admiffion to the Bar. One hundred and 
 eighty-four Students admiffion fees, 490!. 135. 4d<, 
 with a 5!. ftamp on each, amounting to 920!. 
 Compofition for one hundred and eighty-one termly 
 Commons, at 4!. us. each, 823!. us. Eleven 
 hundred and forty-feven Attornies, whofe admiffion 
 tees amounted to 764!. 135. 4d. Rents' received to 
 1788, inclufive, 2164!. 138. 2d. Materials of old 
 houfes fold,. 187!* 1.3$. 3d.; making in the whole 
 the fum of 8597!. 153. 3d. The difcharge of the 
 preceding account received every interruption which 
 could arife from evafion, fubtraclioii, and delay ; 
 nor was it until two years and an half after his Lord- 
 fhiffs death, that a final fettlement and balance was 
 ftruck; for I find, on the zgih of November, 1791, 
 that a King's Inns Committee allowed for the Trea- 
 furer's expenditure on behalf of the Society, 3881!. 
 os. d. and pronounced the remaining debt 
 1 6s. 
 
 Which balance was paid over to the Treafurer in 
 Hilary Term, 1792, and is acknowledged in the 
 printed account, by an entry of the following re- 
 markable import : " The Treafurer having had much 
 trouble in fcarching the books of the Society, and 
 other documents, to form and eftablifh a charge 
 againfl the reprefentatives of the late Treafurer, and 
 to ftate and fettle the accounts of the Society for up- 
 wards of twenty years, and a balance of 4040!. 
 1 6s. 3hd. appearing on the account due to the Soci- 
 ety, and being paid over to the Treafurer, he is, in 
 
 confideratioi^
 
 fconfideration of fuch trouble allowed upon his ac- 
 count, afum of 202!. being at the rate of one ihil- 
 ling in the pound on faid fum received." If fuch 
 was the prompt pecuniary reward of official duty, 
 the reader may indulge me with the cheaper tribute 
 of approbation for difmterefted accuracy, and more 
 extenfive refearch. 6^9!. 153. was deducted from 
 thetermly compofition for Commons;, on an allega- 
 tion that the remainder had not been received. Stu- 
 dents, or their friends, are generally very eager to 
 prevent pecuniary defaults from obftructing profef- 
 fional purluits. My mind would be eafier fatisfied 
 that Students did not regularly appear each Term, 
 than that the fee was forgot, or unpaid in a grofs 
 fum, on the party's admiffion to the Bar. 
 
 Irregular or concealed accounts can be quietly li- 
 ty ,'ied by an admiffion of fmgular or incredible 
 r lefts. Under fuch defalcations, or allowances, 
 the account was finally fettled ; but one material re- 
 mark remains : the rents received in his Lordfhip's 
 time are faid to be 2164!. 135. ; but the old annual 
 rents of the Society appear to be 420!. 95. 6d. by 
 which that nobleman received from April 1768, to 
 April 1789, on that head,, 8809!. 195. od. by which 
 means a fair and clear debt of fix thoufand pounds, 
 and upwards, remained unfatisfied. Thus, the an- 
 cient mifmanagement or frauds upon our Society are 
 clofed. If refpect for the dead prevented a legal 
 fuit, or national alarm, mould not fome regard be 
 had to cotemporaries, or unoffending pofterity, in 
 fubfequent innovating practices. 
 
 G g It
 
 43 HIStoRY OF THE 
 
 It is a melancholy truth, that tnis part of the 
 Hiftory will exhibit a fable tiflue of deeds which it 
 rnufl be my wifh to bury in obHvion, but that feel- 
 ings of loyalty and pairiotifm claim the difcuffion. 
 Perfcnal honor equally exacts fimilar exertions from 
 each reader, and particularly fuch perfons as unite, 
 with competent power, correfpondent wimes for the 
 public good. The reader will conceive that I have 
 armed him with two appofite precedents, in the cafes 
 of Bowes and Lifford, to enforce an annual appoint- 
 ment, and regular ftatement of accounts, by Kings 
 Inns Trcafurers; and alfo, that private Members are 
 the propereft perfons to fill fuch offices, as being 
 deftitute of fufficient weight to fcreen mal-practice, 
 or of vanity to claim profeilional patronage. My 
 opinion on the preceding alarming facts may be con- 
 ceived by every honed man. I will-, for the honor of 
 human nature, hope that their Lordfhips looked no 
 further than the ufe of the Society's money, with- 
 out any view to defalcation or plunder. The event., 
 however, afforded an irrefiftible argument to a ivifc* 
 learned^ and hone/I body, to hold a different hand 
 with fucceedlng Trcafurers^ particularly where pro* 
 jefted improvements and new taxes rendered a regular 
 and extcnjive expenditure ufeful or neceffary. 
 
 As to Lord Lifford's legal, political, and perfonai 
 character, I was pleafed, in my commentary on Rei~ 
 ly's cafe, to declare him a magiflrate diflinguifhed 
 for benevolence of heart, amiablenefs of manners, 
 unrivalled patience, and profound legal knowledge. 
 UIs avarice was known, but drew upon him no fuf- 
 
 picion
 
 KING S INN'S. 431 
 
 plclon of judicial corruption. As I am convinced 
 of his purity upon that head, and doubtful of any 
 deliberate defign to defraud the King's Inns, let his 
 Lordfnip's memory be graced by the teflimony of 
 an independent man j whilft minions, parafites,- 
 and flatterers, to my certain knowledge, never 
 penned a paragraph to fuflain his mild and honeft 
 name, 
 
 As a glaring fymptom of fucceeding jobs, and 
 preconcerted malverfation, the Treafurer hung in 
 office, without re-appointment or removal, until 
 Hilary Term, 1791, when he was confirmed, in 
 defpite of exifting rules, until further order. Crom- 
 well was thus folicited to continue military command 
 for one campaign, which that fandtified patriot not 
 only kindly complied with, but fuperadded thereto 
 civil authority, and with fuitable public fpirit re- 
 tained both for the remainder of his life. General 
 eftablifhed principles mould not depend upon parti- 
 cular appointments ; therefore the Bench flood 
 pledged to recent rules, protective of integrity, order, 
 and (Economy. Yet that grave body neglected an in- 
 fpection of accounts, though feveral iiTuable Terms 
 elapfed ; it alfo overlooked a payment of the balance 
 into the Bank of Ireland. Government Securities 
 were productive, but the houfe of a private perfon 
 could not be a fafe fituation for the property of a 
 public Society, and particularly when there was no 
 Correct evidence to authenticate its identity or 
 amount. Accumulating income and undefined po- 
 (ition attended oflicial appointment j power only 
 
 G g 2 wanting'
 
 HISTORY OF THE 
 
 wanting to extend party influence, and confirm new 
 eftablifhed flrength. 
 
 No cenfcife flams the King's Inns Rolls, except 
 m the Well known cafe of Sir John Everard. But 
 that bafe refolve reflects equal difhonor on an un- 
 principled Viceroy, and fubfervient tools, which: 
 fcandal has been confirmed by their revoking the 
 act, in compliance with his imperious mandate. 
 Examples, popular in themfelves, and certainly un- 
 exceptionable, mud lead to an ufeful latitude, and 
 fanctify projected tyranny by correct precedents ; for 
 though the iriftances may be unneceflary, the prin- 
 ciple mint lead to recognife and eflablifh new-fangled 
 authority. Two unfortunate Attornies had been 
 guilty of perjury, and fuiFered the legal penalties 
 attached to conviction, one of which was an imme 
 diate difqualifkation from profeffional practice. 
 There was, therefore, no added neceffity for exclud- 
 ing fuch men from a voluntary Society of gentle- 
 men j their evidence would be as foon admitted in 
 a court of juftice, as their prefence tolerated by Irifli 
 Barrifters or Attornies. In that in (lance prerogative 
 itfelf would be flayed ; for though, in our time, a 
 pillored perjurer has, by the effect of a royal par- 
 don, (as to its fubfequent effects) aiferted his right 
 to fit in the Englifh Senate, more difficulty may oc- 
 cur in a prefumed affbciarion with a felf-created le- 
 gal fcciety. 
 
 King's Inns Rolls were, however, difgraced 
 a nominal expulfion j which act, for the preceding
 
 KING'S INNS. 433 
 
 i' eafons, our unafTuming predeceflbrs would confider 
 as an ebullition of legal furplufage. Two other 
 Members were alfo treated in a fimilar manner : 
 One gentleman had been called to the Englifh Bar, 
 but it having been reprefented, . that an indictment 
 for perjury lay againit him in this kingdom, and 
 that having entered into a recognifance with furedes 
 to fiand his trial, the recognifance became, for want 
 of attendance, eftreated. The Englifh Benchers, 
 with profefilonal accuracy, and correfpondent inte- 
 grity,- received an official document from Ireland, 
 and bottomed fubfequent proceedings thereon. Per- 
 fonal notice was ferved upon the party ; he even 
 appeared by Attorney upon the appointed day, de- 
 nied the truth of the charges, and prayed time to pro- 
 duce evidence to difprove the fame. It was, howe- 
 ver, moft properly ruled ? " That no fuch partial 
 difcuffion mould be admitted, and as the default was 
 neither denied nor accounted for, his call to the Bar 
 was vacated, and a copy of faid order tranfmitted to 
 the Chancellor, Matter of the Rolls, and the twelve. 
 Judges at Weftminfter." 
 
 This profcribed perfon had not been for many 
 years refident in Ireland, and feemed equally ba- 
 nifhed by perfonal circumftances, and imputed 
 crime. The reader may therefore feel furprife at 3, 
 name, thus chilly dcad> being erafed from our Soci- 
 ety. If the foregoing reafons do not fdtisfy him, I 
 will illuflrate the principle, by the practice of a ce- 
 lebrated body, which exceeds the Irifh Bench in an 
 oftentatious profeflion of Chri/itan mraliij 9 and 
 
 weffi,
 
 HISTORY OF TH 
 
 welt-tempered juftlce. The tribunal of inquifition 
 was determined not to reft its authority on the deci- 
 fions of other courts, or weaken an holy zele by 
 fuch a vulgar appeal. Its firft trials had a reference 
 to the dead; and as convictions were neither attend- 
 ed with the confifcation of real or perfonal property, 
 furviving relations, and the people at large, held 
 themfelves uninterefled in the event. By this torpor 
 principles were adopted, and maxims became preva- 
 lent, variant from the civil , or even canon law, which 
 however formed fettled precedents, and were eiier- 
 cifed with unbending energy, and to an unbounded 
 extent, to torture and deflroy the living. 
 
 The charge againil the preceding perfon was 
 quickly brought forward. Not fatisfied with the 
 dome'ftic record, the Society expended money in 
 obtaining copies of what orders or papers were deter- 
 mined upon in England. His long abfence being 
 well known, the Dublin Gazette contained a no- 
 tice for attendance upon a given day. The party 
 concerned did not probably expect an official fitua-.- 
 tion, therefore might be in the habit of reading that 
 obfcure, but important national paper : as was 
 fortfeen, on the appointed day he neither appearedi 
 in perfon, or by Attorney. Here exifled added 
 room for caution in the Benchers ; they had no 
 better authority for the fact than the Irifli record or 
 Knglifh refolution. Did they ftate either to juftify 
 the decifion? No fuch thing. Thus, from premifes 
 unauthenticated or unproduced, an honorable and 
 appropriate principle accidentally refalted. How- 
 ever,
 
 KING'S INNS. 
 
 t cr, neither the record nor decifion Is mentioned as 
 ihe caufe of expulfion. The party may have gone 
 abroad with a full intention to Hand trial, and be 
 arrefted for debt, with a continuance in imprifon- 
 ment, as happened in .die welLknown cafe of an 
 Englifh Duke, and was vifible in the fame year by 
 .the return of an Iriftj Earl 9 after a fimilar reftrain.t 
 of twenty years? I am far from fuppofing the cen- 
 fure infected without a thorough .conviction on the 
 mind of every voter as to the truth of the fact ; but 
 Bench dec.ifions fliould correfpond in accuracy and 
 precifion with their prefumed integrity and indepen- 
 dence. However, an hiftoric detail demands an 
 union of ufeful principles with recorded events. 
 
 The fecond expulfion related to the native of a 
 ififter country, who became a legal adventurer in 
 this. He laboured under a fufpicion of bigamy, 
 and had no ftronger proof of recorded innocence 
 to mew, than that he was acquitted from a charge 
 of being a principal in poifoning a fellow-prifoner. 
 With fuch recommendations to popular influence 
 and perfonaj refpeft, he met the judgment of his 
 profeffion for the following fadl : An appeal to the 
 Houfe of Lords was figned by him ; he had not 
 been concerned in the caufe in the court below ; it 
 was therefore a dire<5l contempt againfl that tribunal, 
 and merited from the Members an adequate punifh- 
 ment ; to them alfo, of right, belonged the ce;i- 
 fure ; I even conceive it an infult upon that noble 
 body for the King's Inns to take a lead or interfere 
 ^herein j it may not be, however, fo unneceifary to 
 
 eftablifli
 
 HISTORY OF THi! 
 
 eftablifli fuch a precedent in that houfe, as in our 
 Society. The matter was therefore taken in iran* 
 Jitu, and the unhappy man called to anfvver the com- 
 plaint. He attended ; pleaded ignorance of the 
 rule, its reafon, or effects, which his Judges no 
 doubt relied upon ; for the judicial diforders of the 
 Houfe of Lords, and the central part of Coke Littleton. 
 were moil probably equally unknown to him. He 
 pledged himfelr to perpetual banifhmenr, and only 
 deprecated the public difgrace, as barring to his fu- 
 ture induftry every poilible avenue of life. Expul- 
 fion enfued, and a regular amputation was given to 
 an already mortified Member. 
 
 The reader can form a ready conclufion how far 
 previous character operated to fwell into a legal at- 
 tainder the matter under review ; and whether the 
 'Houfe of Lords, as men of conjcietice, honor, and hit' 
 inanity, would affix to a profeffional error fuch a fe- 
 \ r ere and irrevocable tftigma. The preceding deci- 
 fions merit as perpetual remembrance, as the mo- 
 tives leading thereto : they prove, that in the flatter- 
 ing dawn of abfolute power and party zele, the moll 
 rigorous and minute enquiry could not find more 
 ii'jinerous viaims. The three iirft feemed already 
 fevered from the profeflipn, by public puninhment 
 or imputed crime ; and the latter laboured under the 
 joint malady of personal infamy and profeffional ig- 
 norance. The great, but mafked objecl of men 
 who confidered themfelves leaders in the Society., 
 and wiihed to be incircled by venal or voluntary vaf- 
 falsj was feconded by the preceding fingular cafes, 
 
 A con-.
 
 KING S INNS. 437 
 
 A concealed, imfworn, and irrefponfible mode of 
 voting may enable malignant individuals, or a con- 
 federated faction, to erect themfelves into a court of 
 criminal equity, " which, by a liberal conftruction 
 in the afcertainment of prefumed offences, and a 
 difcretionary mode in their punifhment, would deal 
 yengeance to perfonal or political foes." 
 
 As fixed wealth by encreafed duty, and con- 
 firmed pov/er by crafty refearch, feemed in happy 
 union to blefs the inftitution, its concealed Cabinet 
 was determined to give to the revived novelty a cor- 
 .porate air and form. There was fome difficulty in. 
 the enterprife, which would arrefi the progrefs of 
 lefs interefted or prefumptuous characters. Englifli 
 Inns of Court never accepted nor affumed fuch a 
 privilege. The King's Inns Society was an acknow- 
 ledged emanation from the original flock ; its Mem- 
 bers continued a portion of that body, which had 
 no intercourfe with the nation, or each other, but 
 what was founded on perfonal and profeffional ho- 
 nor ; nor with Government, fave in accepting the 
 bounty of the Crown, and adapting the benefit to 
 common protection and ufe. From found legal rea- 
 fon Parliament conceived a Statute neceffary to vefl 
 the. ground, \vhether for improvement or transfer, 
 in certain officers of the court and their fucceffbrs. 
 But a feal was an innocent bauble, which required 
 neither heraldic fkill to emblazon, nor claffic talent 
 to record. A new unauthenticated device was fram- 
 ed ? \vhich enabled fervile hypocrify to blend appa- 
 rent
 
 HISTORY OF I HE 
 
 rent gratitude to departed greatnefs, with profitable 
 praife of exifling power. 
 
 The Society had now continued ten years upon 
 the plan fuggefted by the ill-confidered Statute of 
 1782, and no vifible internal ufe refulted from the 
 adoption, whilft it prefented, to a reflecting mind, 
 an approaching feverance of legal education in the 
 inhabitants of each ifland. Hitherto young Barrif- 
 trs and Students alone were affe&ed, and that in a 
 flight pecuniary manner, which did not attract the 
 general notice of the profeffion. The afiumptiori 
 of a corporate character gave no internal ftrength^ 
 and excited no external alarm. The dealings of the 
 Society were confined to the Members or Officers 
 of its own body ; but legal authority was neceifary 
 to effect a fyftem of tyranny and terror, as ancillary 
 to fchemes of corruption and jobbing. A charter 
 was therefore obtained from the Crown, and con- 
 firmed by Aft of Parliament. The Royal difpofi- 
 tion to protecl and encourage ufeful plans, tending 
 to give permanence or dignity to legal eftabiifhments, 
 was acknowledged and revered. The reader will 
 therefore naturally prefume, that calmnefs, mutual 
 communication , and mature reflcdion, animated every 
 branch of Practicers to frame a model fuited to the 
 general intereft of cotemporaries, and the lading 
 Benefit of polterity, 
 
 Can it, therefore, create more furprife than inclig- 
 nation, that neither the Utter Bar^ nor Attornles^ 
 were acquainted with the defign which fo materially 
 
 affected
 
 KING'S INNS. 
 
 affected their perfonal independence, and what mud 
 be equally dear to honeft and brave minds the pu- 
 rity of law, and* the pride of national character. 
 That blended body was treated like thofe fhadowy 
 beings which ftart into form to fortify legal fiction, 
 and give antiquated maxims effect. Yet it was not 
 difficult to perfuade wife men to follow their proper 
 intereft, or approve a public fpirited fyftem which 
 would benefit that country of which they were an 
 acknowledged ornament and fupport. 
 
 The charter, thus furreptitioufly obtained^ pro- 
 fefled to be fought by the Profeflbrs of Law, and 
 calculated to reform abufes, which had no exiftence 
 but in the fchemes of felfifh innovators. The So- 
 ciety was thereby created a corporation, and its con* 
 flitution entirely changed. The Chancellor and 
 Judges were to be vifitors ; and if that truft was dif- 
 charged with firmnefs and integrity, an ample field 
 for jurifdiction was likely to occur. The remaining 
 Benchers were to be the immediate Governors, and 
 enabled to fupply occafional vacancies. Thefe re- 
 fpectable perfons folicited and fucceeded in an attain- 
 ment of legal authority to make rules, orders, and 
 affeffmtnis, upon the whole body of Barriers, Stu- 
 dents, and Attornics, by fines, forfeitures, fitfpenfion, 
 cr cxpulfion. Power, thus extenfive, becomes doubly 
 dangerous in the hands of equals. The legal profeffion 
 would infenlibly al'fume the manners of perfons op- 
 prcffed by civil or religious defpotiftn. Silence, mvf- 
 iery, and referee, muft throw additional gloom over 
 every countenance ; perfons unconnected with the 
 
 Society
 
 44 HISTORY OF THE 
 
 Society could not confider it in a different point of 
 view. With what firmnefs could bufinefs be prac- 
 ]tifed., purfued, or perfected j or legal reports be 
 occafionally criticifed, and poffibly with juftice> con- 
 demned. 
 
 The benefit to the minifters of fuch authority, in 
 a profeffion^l point of view, is obvious, and would 
 fecure to the mod confirmed praftifmg blockhead, 
 no infignificant quantum of fecond-rate bufmefs ? 
 \vhilfl Judges indulged an abfolute dominion or con- 
 trol. From the afts of Benchers there lay an ap- 
 peal to the vifitors, but fo limited in point of time, 
 and vague in mode of enaflment, as to render almoft 
 jllufory every exertion of their juftice or integrity, 
 however bleifed with either. But what redrefs could 
 be ferioufly expecied from men who clandestinely 
 folicited, and obflinately adhered to power thus ob- 
 tained. It affords a lively fpecimen of legiflative 
 art and activity, \vhen the reader is confidently in- 
 formed, that feveral'Benchers, who \yere Members . 
 of Parliament, diiavowed any knowledge of the 
 Charter, or Statute. And other Barrifters, inveft- 
 ed with a fimilar character, gave a determined oppo- 
 iition to the innovation ; thus, proclaiming with ir- 
 refiilible energy, their entire ignorance of that pro* 
 ceeding. 
 
 Meetings were inftantly convened, and each pro- 
 feifion refilled its continuance with vigour 9 integrity- 
 and talent. The Utter Bar prefented a memorial 
 upon the fubjcd to each of the Benchers, which it 
 
 was
 
 KING'S 
 
 ivas certainly much eafier to difapptotCj tha'n an- 
 fwer. That folemn act defcribes their unanimous 
 fenfe with f'uch temper, judgment, and moderation , as 
 to render its re -publication a conclufive criticifm up- 
 on a Charter and confirming Statute, which were 
 equally fraught with treachery to the profejfion, infutt 
 to the nation^ and difrefpeft to Majefty : " We, the 
 Members of the Utter Bar, defiroas that our mo- 
 tives for declining to accept the Charter, purporting 
 to have been granted to the Profeflbrs of the Lavr 
 by his prefent Majefty, may not be mifconceived or 
 mifreprefented, have thought fit to fubmit the fol- 
 lowing reafons for our fo doing : " To .the Right 
 Honourable and Honourable the Benchers of the 
 Ancient Society of King's Inns. 
 
 " We object to the faid Charter, becaufe, in its 
 recital, it calumniates the Society by falfe imputa- 
 tations, of encouragement and increafe of barratry 
 and flrife ; of neglect of the fludy and practice of 
 the Law ; and of irregularities difadvantageous and 
 difcreditable to the profeflion, and detrimental and 
 injurious to the public : 
 
 " Becaufe, the recitals allege, as a colour for 
 the grant, that the ProfefTors of the Common Law 
 have been a Society immemorially enjoying fran- 
 chifes, which implies a corporation ; whereas, it 
 appears to us, that the Society has been a voluntary 
 afibciation, and this, it mould feem, was done with 
 the view that an arbitrary interference might bear 
 the femblance of a mere act of regulation : 
 
 " Becaufe.,
 
 HISTORY OF THE 
 
 " Becaufe, the Chatter profeffes to have been 
 granted at the defire and inftance of the Society in 
 general ; whereas it was privately folicited and ob- 
 tained by a few unauthorifed individuals, without 
 the general confenr or knowledge of the Society, 
 or, as far as we can learn, of any of its conftituent 
 parts : 
 
 " Becaufe, the Charter commits the government 
 of the Society irrevocably, and by Law, to a fmall 
 body, arbitrarily appointed without the confent of 
 the governed, and vacancies in that body are to be 
 filled up by its own Members ; a mode of appoint- 
 ment notorioufly tending to introduce, encourage, 
 and perpetuate mal-adminiftration : 
 
 " Becaufe, the Charter purports to create an ar- 
 bitrary power of impofing unlimited fines, and of 
 inflicting unafcertained punifhments, for undefined 
 offences: 
 
 " Becaufe, the Charter introduces an intermediate 
 body, of lefs competency than the Society at large* 
 and of lefs oflenfibility and refponfibiiity than the 
 Judges, on which it confers the power. In the firfl 
 mftance of cenfure or fine, with confequent impri- 
 fonment, fufpenfion, and expulfion: 
 
 " Becaufe, while the Charter confers thofe def- 
 potic powers, of creating and punifhing offences, 
 it prefcribes no conflitutional or juft mode of trial, 
 as to the fact of their commnTion j but unites all the 
 
 powers
 
 KING'S INNS. 443 
 
 powers which the juftice and prudence of our con- 
 ititution, and of all free governments, anxioufly 
 feparate : 
 
 " Becaufe, the powers, which the Charter confers 
 on the Benchers^ are peculiarly dangerous to men 
 engaged in the fame pirrfuits with therrifelves, and 
 may be productive of collufive practices, diflionour- 
 able to the profefiion of the Law, and injurious to 
 the public : 
 
 " Becaufe, the mifchief that may refclt from the 
 abufe of thofe formidable powers veiled in the 
 Benchers, is not fufficiently guarded againft by the 
 injtitutiori of Vifitors, (even if that inflitution could, 
 nnder any circumftances, be adequate to fuch a 
 purpofe) it not being mandatory on the Vifitors, 
 but difcretionary in them to hear complaints, and 
 redrefs grievances ; and the Benchers having it in 
 their power, by critically timing their proceedings, 
 to render morally impracticable a deliberate invefti- 
 gation, or an effectual redrefs by the Vifitors : 
 
 " Becaufe, the Charter purports'to transfer from 
 the body at large to a few, the whole property of 
 the Society ; and to veft in them, irrevocably, and 
 by Law, the abfolute difpo&l thereof : 
 
 tc Becaufe, the Charter irivefts certain individuals 
 of the Society with a power of taxation, not refult- 
 inj from bye laws^ confented ,to by the body, but 
 unconftitutioj^aily granted directly by the Crown ; 
 
 and
 
 444- HISTORY OF THE 
 
 and this, we conceive, is not rendered lefs unconfti- 
 tutional, or lefs grievous, by the Statute purporting 
 to confirm the Charter : 
 
 " Becaufe, there is juft reafon to apprehend, from 
 fome expreffions in the Charter, that vfelefS) burthen- 
 fome, and obfoleie exercifes^ distinctions, and inftitu- 
 tions will be introduced, which would conduce to 
 the ridicule and difgrace of the profeffion of the 
 Law in this kingdom, and may be employed as the 
 means of favouring fome individuals, and of perfe- 
 cuting and oppreffing others : 
 
 " Becaufe, the Charter points at duties which, in 
 fimilar focieties in England, have fallen into difufc, 
 or have been retained only to be commuted for 
 fines : and which feem calculated for the increafe of 
 revenue, rather than for the advancement of learn- 
 ing : 
 
 " Becaufe, the Statute of 1782, which gave 
 preference to academic degrees^ being now repealed* 
 and nothing adequate fubdituted in its place ; the 
 Charter makes no provifion whatfoever^ for a liberal 
 education, preparatory to the ftudy of the Law, 
 xvhich muft prove highly injurious to the reputation, 
 dignity, and integrity of the future Bar : 
 
 " Becaufe, the whole fyftem introduced by the 
 Charter, affords, by its patronage, its arbitrary prin* 
 ciples, and the means of oppreilion which it fur- 
 nifhes, an opportunity of eftablifhing an undue in- 
 fluence
 
 RING'S INKS. 
 
 fluence over the Members of the Society, tending 
 to control them not only profeflionally as fuch, but 
 alfo civilly, and politically, as members of the com* 
 munity at large i 
 
 " Becaufe^ the Charter holds out a temptation and 
 means to the perfons vefted with authority under 
 it, to promote and fcreen peculation, and to intro- 
 duce and maintain a fyflem of corrupt jobbing." 
 
 The materials of the preceding memorial furnifli 
 principles pregnant with obvious ufe, and perpetual 
 benefit to human fociety under every pofllble variety 
 of government. Thus, the flippant forwardnefs of 
 interefted tyranny provokes profound reflexions of 
 extcnfive learning, and enlightened patriotilm. To 
 the pedantry of Salrrrafius, Englifhmen owe an. 
 additional piece of claflic latinity by Milton. Fil- 
 mer's folly gave exiftence to a Sydney and a Locke, 
 and the unlettered barbarity of Jefferyes, Scroggs, 
 and Wythens, animated to a defence of the EngliilV 
 Cbnftitution an Haivles, an Ho/t, and a Somers* 
 
 A period of nine months, however, elapfed with 
 a profpecl of national abhorrence, and even Parlia- 
 mentary defeat, before the guilty framen would con- 
 ient to vacate the Charter, or filently acquiefce in 
 the repeal of that obnoxious Statute, which con- 
 firmed it. During that folemn fufpenfe the genius 
 of defpotifm was bufily employed in forging chains 
 to ftrengthen its tottering throne. This bafe fyitent 
 \VHS not even referved for fubfequent or general con- 
 H h fideraiion j'
 
 HISTORY OF THE 
 
 fideration ; it was *agreed to by the Bench, as ?C 
 draft of bye laws relative to the admiflion of Barrif- 
 ters, fenior and junior Readers, and for the better 
 government of the Society. 
 
 That grave and learned body even ordered them to 
 be printed for the public good, and a fair copy to 
 be laid by the Treafurer before the Vifitors for their 
 approbation. No entry of vifitorial concurrence ap 
 pears, which may be accounted for by the pending 
 conference between the Benchers, titter Bar, and 
 Attornies, about the Charter and its confirming 
 
 * o 
 
 Statute. But their previous felicitation and fupport 
 of each renders a doubt upon that point remote and 
 improbable ; befides, we are gravely told, that one 
 great authority among the Vifrtors declared, that the 
 Ferrije, upon profecuting feigned actions to judg- 
 ment, mould be the exercife of Barriflers for the 
 firfl three years. Thus, if a degraded profeflion 
 could continue to produce men of talent, that pre- 
 cious quality mu-ft be exhaufted in mean mummery, 
 ci illiberal pedantry, for a considerable portion of 
 human life. 
 
 This fcheme coft tne authors no inconfiderable 
 trouble ; it was extracted partly from antiquated 
 ufages of Englifh Inns, and monkifh obfervances in 
 Spanifh convents. The principles of each were, 
 however, overcharged ; fo that the abrogated folly 
 of the former, and the fettled hypocrify of the lat- 
 ter, fiione through this legal mofaic. An atonement, 
 'however, remained for the claflic refearch in the an- 
 
 ticipation
 
 KINGS i!vNs. 
 
 ticipation of that abfolute power which awaited its 
 fuccefs. Thirty-eight perfons were to govern legal 
 Practicers with firm and unlimited fvvay. The full 
 obvious abufe of fiich authority was likely to be ex- 
 erted againft cotemporaries, who muft naturally feel 
 impatient at the galling yoke of profeffional equals, 
 and fuccefsiul time-fervers. > Dignified rebels and vir- 
 tuous mutineers were to punifhed with fines, plun- 
 dered by forfeiture, infulted by fufpenfion, buried in 
 imprifbnrnent, or honored with expuliion, from a 
 Society no longer worthy the affociation of honed 
 and independent men. 
 
 Exclufive of the zele with which framers gene- 
 rally uphold innocent innovation, aflumed power 
 gives a fettled .malignity to tyrants, and will lead 
 them or their abettors to fortify intended oppreflion 
 by (lander, perjury, and every artful malevolence. 
 Mankind are therefore wifer and more fecure in 
 adapting rules to counteract the vicious habits of 
 our nature, than in looking for a remedy in idle 
 hopes or extravagant wimes. 
 
 The reader nuiii naturally expecl that I will con- 
 tkift him through this eccentric maze into the pro- 
 ielfion. Each Student on admiffion was immedi- 
 ately to choofe from the Barrifters a private tutor to 
 aid his elementary ftudy, and prepare him for fuch 
 public examinations as the Bench would, from time 
 to time., appoint. 
 
 II li 3 Thus,
 
 HISTORY OF THE 
 
 Tnus, the legal profeflion was metaniorphofed 
 into a degraded corps of impreffed iijhers. Under 
 fervitude, fo fingular, folemn 9 and fever c, what a 
 fhort period would extinguifh an Hibernian claim to 
 Roman fpirit, r to attic wit ! The proverbial pe- 
 dantry of a pedagogue would foon infect individu- 
 als, and unite arrogance to pupils, with fervile hy- 
 pocrify to defpotic governors, 5 and the Irilh Bar, be 
 no longer refpected for gentlemanly manners, pro- 
 feffional purity, or calm courage, the graceful guar- 
 dian of each. If fuch was the fb'ed ftation of the 
 haplefs Barrifter, what inuft be the movement of his 
 hopeful pupil ? At the clofe of four Terms (if ap- 
 proved by the Bench) he was admitted to the clafs 
 of Mootmen. A fimilar probation, for an equal 
 period, entituled him to a teftatum of his ancienty, 
 and a recommendation to an Englifli Inn of Court. 
 The Student may then, African like, feel that he 
 trod the foil of Liberty and Law, which Irifh Bolts, 
 Pcr-viJ'esy or Moots, would not give him any pecu- 
 liar aptitude to underftand. If family feelings or 
 pecuniary neceffity reflrained him from fettling in 
 that famous country, whofe excellent government 
 grants an equal protection to the ftranger, or the 
 Have, as to its native fubje&s, our youthful MOON 
 man mud recoiled the parting mandate of his impe- 
 rious mafters.- 
 
 The Courts of King's Bencli or Common Picas 
 muft be attended with clerk-like care, and certifii 
 cate's to that effect obtained from their refpeftwe 
 rrothonotaries," Cafes may,- in our time, be eafily 
 
 acquired,
 
 KING'S INN.S. 
 
 acquired, by a proper news-paper fekcYion in fuffi- 
 cient ftrength to control the correction, and with- 
 ftandthe criticifin of an Irifli Bench. Chancery and 
 ibe Exchequer are implyedly prohibited,, by no atten- 
 tion being paid to cafes reported from thence, or 
 certificates from their officers. Yet their Court of 
 Exchequer may be employed (as ours is at prefect) 
 ;n a difcu-iHon on t,he writ of Habeas Corpus, in which 
 a new fubject may deeply iniereft the generous feel- 
 ings of youth, and animate fixture improvement by 
 a difplay of eloquence equal to what has readied 
 our time from the wreck of Grecian cr Roman 
 literature. Thefe preliminaries adjufled, a new do- 
 meftic ordeal mud fucceed, in which ctofe curiofity 
 and political party would take a lead. If an ap- 
 probation from the Bench attended him, he mud be 
 lent to the tribunal of Vifitors, 
 
 The reader quickly perceives the difference be- 
 tween this intended call, and that practiced in Eng- 
 land. The Judges there cannot prevent admiilion 
 fo the Ba.r. This correfponds with legal principles, 
 and is upheld by Britifli integrity ; fcr it is contrary 
 to the nature of vifitorial power to originate ads ; it 
 may in that manner become a party in novelty^ and 
 confirm the interefted cr accidental error by abfoliite 
 power. What renders the Irifh regulation more cri- 
 minal is, that it was introduced under a fpecious air 
 of improvement, and yet materially differed from 
 the liberal principles of Englifh Inns. The fubfe- 
 ijuent rank of Barrifters hung on the arbitrary fiat 
 pf Benchers j a pofition which, in proportion to ta- 
 lent,
 
 HISTORY OF THE 
 
 lent, leads to income, and fecures, everi to 
 yanity or wealth. 
 
 The ftatipn of junior Reader mutt flow from 
 Bench indulgence. Thus, the ufual habit of pro- 
 fefTional precedence was obflrucled, and Nature it- 
 felf proclaimed ftationary ; xyhilft innocent perfons, 
 bending under its weight, flood expofcd to malig- 
 nant facers, or unjuft fufpicions from prefurned per- 
 fonal delinquency, or profeflional ignorance. A 
 fuperadded and fingular impediment was oppofed to 
 further progrefs ; no junior Reader could enter that 
 fenior clafs, except three of his pupils were certified 
 by the Bench as fit for lludy in an Englifh Inn of 
 Court. Thus, by an unexampled precedent, a 
 fcholar's idienefs, or hebetude, checked a matter's 
 lettered promotion. A malignant blockhead may 
 eafily avenge his hatred to literature and its inter- 
 preters,' though the tutor were as virtuous and en- 
 jightened as Qumctilian, Buchanan, or Blackftone. 
 
 This expected fcale of promotion opened a per- 
 fpeftive to the rank of Bencher, and to which can- 
 didates, trained by the preceding difcipline, mufl 
 have the irrcfijlibk claims of feriii^de and bypocrt/y. 
 In this election voters are directed by a parade of 
 inorality fimilar to what Dominicans preach to the 
 (Court of Inquifition, previous to an s/uto DC Fe 
 Candidates are deterred from any direct or indirect 
 felicitation in the purfuit. It is not, however, af- 
 certained in what manner, whether public or pri- 
 vate, nor before which tribunal of Benchers or Yi- 
 
 fitors,
 
 KIXC's INNS. 
 
 fitors, the doubtful election was to be determined. 
 The reader will probably be more attached to a free 
 and mixed Conftitution, with all its imputed errors, 
 when he iinds that defpotic innovations are neither 
 iyflematic nor precife. It may be hoped, that Bar- 
 riders previoufly called, would efcape the ridicule 
 or difgrace of the preceding fubferviency. 
 
 Hear, however, the energetic language of the 
 Bench cabinet upon that head : " Whereas it is 
 fitting that every benefit and advantage of the prefcni 
 fyftem and ordinances fhould extend to all who have 
 heretofore been admitted to the Bar" Gentlemen of 
 three years {landing may therefore,' by reading, at- 
 tain the junior rank j and perfons of eight years 
 (landing, or upwards, in a fnnilar manner move in- 
 to the fenior clafs. Without fuch exhibition, a 
 Scldcn, a Vaughan, or a Dunning, (ungraced as they 
 were with filk gowns) would remain in a merited 
 pofition of perfonal pupillage, and profefftonal m'mo 
 rity. An honed or fpirited reader mult feel flrong 
 difguft at the minute difcuffion of a fyftem fo ano- 
 malous to Engliih Learning, Liberty, and Law. 
 Let him, however,, remember, that greater varia- 
 tions arofe between the legal fyflem and Practicers 
 of both countries from the year 1789 to 1800, than 
 in the whole period of time fmce their original con- 
 nexion. -Befides, the regulations parted the Bench, 
 and have been only fufpended as to their entire ex- 
 tent, from want of legiflative authority to enforce 
 fjiem. 
 
 Nor
 
 4.2 HISTORY OF TIi.2 
 
 Nor has the fyftem become partially abortive 
 \vithout a ferious concern on feme countenances., 
 and an obflinate wifh for their re-enactment, or vo- 
 luntary revival. Leaving fuch perfons to a canvafs 
 upon that head, the reader mall now be informed 
 Low Attornies have been treated by thefe boafted 
 innovations ; They efcaped the infult of public de-- 
 grading forms, but private and fubitantial dominion 
 was exercifed over them. Without any fuitable 
 caufe, or legal right, and certainly for no wife na-' 
 tional purpofe, or correct profeffional arrangement, 
 the ordinary privilege aflumed by the pooreit tradef- 
 men has been denied to thefe ancient legal officers ,- 
 even the EnglifH" Parliament, extending an humane 
 protection to the forlorn apprentices of iweeps, did 
 Hot difpenfe fimilaj: feverity to their Jojty inq/lers. 
 Men of refpe&abie rank, and undifputed integrity, 
 are not allowed to take apprentices without leave of 
 the Bench ; and what is more fingular, this princi- 
 ple is (till upheld in defpite of the declared opinion 
 of King and Parliament. Thus, Attornies upou 
 every fuch application, tremble for their character, 
 left a fecret wound may be infiicled from caprice, 
 corruption, or refentmetit ; to which Praclicers may 
 give rife from. a faithful attention to the intereft of 
 clients, in the diltribution of profeffional bufinefss 
 or execution of legal procefs t 
 
 The refufal of an apprentice to the matter foon 
 becomes public, which impreffion cannot be removed 
 by a proper enquiry or trial, as would be the cafe, 
 were the Judges of any court to exercife a fimilar 
 
 difcretion.
 
 KING'S 
 
 To that body fuch power of right be- 
 longs; with them it continued for ages, and thither, in 
 Conformity to Englifii practice, and the general legal 
 iyitem of Europe, the authority mould return. 1 he 
 change alfo commenced at an inaufpicious period. 
 In no preceding age was that ufeful body compofed 
 of perfons mor.e eminent for /capacity, integrity, 
 public fpirit, and perfonal honor. A diftinguilhed 
 proof of this general profeiTional chara&er has been 
 exhibited to public view ; they have even affociated 
 to preferve becoming purity among their brethren., 
 and in cafe of delinquency, to exercife the fame 
 felt-created and original power, immemoriaily ex- 
 erted by the Bar. Nor was this ftate of Attornies 
 .unknown to the framers of the Charter, Statute, or 
 New Rules. However, a fyftein of arbitrary tax- 
 ation required a fettlernent of ufurped power for its 
 continuance and fuppcrt, 
 
 Such an indulgence is not more repugnant to the 
 principles of Englifh Law, than to the moft obvious 
 rules of honefty and commen fenfe, and will never 
 be created or fetched but from a fixed determina- 
 tion for its a&ive exercife. The fcheme may be de- 
 layed, under fqme falfe or fiirnfy pretence, until in- 
 novation ripens by time, ana Is rendered familiar to 
 the public mincj, A folemn vow of fecrefy clofed 
 the crafty fyftem, and was exacted from every 
 Bencher, as to any man's opinion given in their 
 Councils. The legiflature had branded with proper 
 cenfure and punifhmeiit, a fimilar fcheme in lower 
 and the il/uminati were on fuch account 
 
 oclioua
 
 454 BisronV OF T.>/. 
 
 pdious on the Continent. No alleged innocence of 
 intention can warrant this preparatory fence. Were 
 the framers impervious to corruption and tyranny, 
 the principle was fo pregnant with each, that no col- 
 lateral caution could prevent its fubfequent intro- 
 duclion. InofFenfive poflerity muft brook to this 
 double dominion, whilfl men of ardent or indepen- 
 dent fpirit would fhrink from a code of iervitude^ 
 and feek legal purfuits in other countries, or aban- 
 don adopted profeffion for more independent lines 
 of life. 
 
 Under fuch circumftances Law itfelf could not 
 Jong fuftain the habitual or hereditary character in a 
 nation of freemen. If the preceding plan portended 
 fuch alarming evils to national dignity and legal in- 
 dependence, let it not be faid, that the pernicious 
 lyftem has been beat down, or its guilty fpirit eva- 
 porated. Unfanctioned by royal or parliamentary 
 authority, the whole procefs is nearly upheld by the 
 pbftinacy of private perfons. Though the Charter 
 has been cancelled, and the accompanying Statute 
 buried in the grave of legifiation, Barrifters alone 
 have felt that partial emancipation. Attornies, Stu- 
 dents, and even Apprentices, flill wear the galling 
 chain. The wife Laws of Henry and Elifabeth are 
 obftru&ed in operation by kjtntplt vote cf lie Bench. 
 Under new rules, attendance at an Engliih Inn is 
 held infufficient for a call to the Irfo Bar. If minif- 
 terial influence enforced fuch unconftitutional inno- 
 vation, the mifchicf might provoke, and would cer- 
 tainly warrant parliamentary impeachment. Can it 
 
 then
 
 KIXG S INNS. 
 
 ih'en be iefs ccnfurable when enforced by a body of 
 men, prefumed to pofiefs legal knowledge, and 
 bound from honor or oath to enforce Statute Law by 
 precept and example. 
 
 The Britifli Government and Parliament frequent- 
 ly evince their refpective wifdom and integrity by 
 a review and repeal of occafional errors. Nor is the 
 Bench engaged to fupport fancied novelties with ob- 
 flinacy. Few of the cxijiing Benchers took an alii<? 
 part therein, and many avowed and fuggefled a firm 
 rcjijlance to -the whole defign, Even that clafs of the 
 profemon were bereaved of their accuftomed inde- 
 pendence, and a proof exhibited to mankind, that 
 one broad mantle of flavery was to cover, under 
 different forms, the entire profefTion. The frame 
 of projected tyranny was imperfect, if Benchers 
 enjoyed a fee lire or independent feat. It was well 
 known how fe\v of that refpectable body gave any 
 active fupport to the preceding meafures, which 
 were confidered the vacation exercifes of bufy^ meddling 
 men, but who were not even fufpected of planning 
 a fyjlun vfjerviiudf. 
 
 An. important movement ancillary to the general 
 object was, however, introduced. The attendance 
 of Benchers was hitherto unconftrained, and under 
 as little control as their prefumed conduct. Thus 
 men, unconnected with the Society by frequent in- 
 terference, formed the refer ved guard of indepen- 
 dence, and conftitutcd no Ilight check upon the pof- 
 Tible growth or continuance of an interfiled inter- 
 
 nal
 
 H-isroRY OF THK 
 
 nal faction. To this great end, they were protec- 
 tors, of the enure profeffion, and received a fui.table 
 return in perfonal refpecl:, and general popularity, 
 It was therefore determined to render a Bencher's 
 official tenure difgraceful and infecure. Wilful ab- 
 fence for two Terms, without licence, became in it- 
 felf an abfolute amoxion. Here was an ample lati- 
 tude for fraud and partiality. Was the rule gene- 
 ral ? No fuch thing ; an exception was made to pro- 
 tect perfons who, even by the Charter, ought tp 
 be Vifitors, and were enabled in that manner to 
 feparate themfelves, without an adoption of the ty- 
 ranny, or new-fangled exercifes fo juftly exploded. 
 
 The (Chancellor, or Keeper of the Great Seal., 
 and the Common Law Judges, were exempt from 
 the fingular attack, and under no danger of remo- 
 val. Thus, that grave and reveren4 group formed 
 an impenetrable phalanx of houjhold troops, whilft 
 infulated Members (loocj. expofed to a fteady and 
 well-dire&ed fire. Tluough I do not oblige the rea- 
 der to halt at every irregular ftep, yet one grofs 
 omiffion in the Charter (were it otherwife unexcep- 
 tionable) muft ftrike his eye. That great and ancient 
 Law officer, the Matter of the Rolls, was totally 
 omitted. It is no anfwer to fey, that the practical 
 corruption of Irifti Government marie it a kind of 
 hereditary fmecure ; nor that in the year 1792, two 
 refpectable noblemen jointly filled that office, whofc 
 pofition in fociety rendered them more capable to 
 ferye their Sovereign in the cabinet or the field ? than 
 
 to
 
 
 KING'S INN^. /rr-7 
 
 io difpenfe Law, or correct its harmhefs with tech- 
 nical accuracy", and profeffional fkill. 
 
 The reader may rely upon it, that the new prin- 
 ciple was not permitted to grow obfolete. A lift of 
 defaulters was with all poflible expedition entered 
 upon the Treafurer's Rule Book, Not with more 
 vicious activity have baplefs freemen been attainted in 
 abfence during the reigns of Charles or James. 
 Rank and talents mould entitle the profcribed per* 
 fons to exemption ; but an independent vote, occa-' 
 fionally given, may create alarm in a certain quar- 
 ter, and it was juftly apprehended, that impartial 
 conduct would influence honorable men. The pre- 
 fumed forfeiture was therefore made matter of re.' 
 cord, which concealed inflrument may be produced 
 at a critical moment, and meet fupport from a ve- 
 nal and unprincipled majority. 
 
 About this time, the fine of Barrifters and Stu- 
 dents was raifed from al. 135. 4d. to cl.- 6s. 8d. 
 rach. Then alfo a depofit for Chambers was claimed, 
 and enforced ; twenty guineas from each Barrilter, 
 and ten guineas from each Attorney, at the time of 
 their refpecHve calls. The fines of the latter clafs 
 was alfo raifed from 155. to il. 6s. 8d. Better than, 
 nineteen thoufarrd pounds have been received on ac* 
 count of thefe Chambers to Trinity Term, 1 803, 
 inclufive, and as an allowance was promifed in the 
 purchafe or rent of fuch accommodation, whenever 
 provided, the accruing intereft alone was prefumed 
 ro be funk. Many perfons of each profefllou <!icu~ 
 
 in
 
 v HISTORY OF THE 
 
 ki the intervening time, who were either bachelors, 
 or at leaft whofe reprefentatives neglected to apply 
 for the fum then withheld, apparently againft the 
 original engagement. At laft a diftrefifed widow 
 prefered her claim. This affecting appeal forms a 
 leading cafe, in which an unforefeen conftruction 
 was given, and the real meaning declared to be, that 
 the party mutt live until Chambers are fmi(hed, or 
 the money becomes a forfeit. 
 
 The Society feem in the preceding inftance to la- 
 bour under a fimilar difficulty with that well-known 
 and famous Vizier, Cuperglf, and to fupport the 
 fyftem with equal ingenuity. The words of a Turk- 
 ifh law bore in favour of a merchant who mildly 
 prefled the glaring fact ; his modefty fo far attracted 
 the miniiter's refpect, as to provoke the following 
 reply : " You are an Englifhman, and only confider 
 the cuftoms of that country. But it is our rule, never 
 implicitly to follow the words of a law, when fuch 
 conflruction would injure the revenue." Attornies 
 apprentices were fo entirely forgot, that Students 
 preceded them by ten years. This new order of 
 beings were now introduced, not indeed into the 
 Society, but to the Treafurer's office, in which they 
 were dignified by a greater fee than their matters. 
 When thus feafoned to the new fituation, further 
 legal myfteries were imparted to them, their age and 
 parentage afcertained and explored, and literary im- 
 provement confirmed, not by public examination, but 
 perfonal Qatb
 
 KING'S IN: 
 
 The genius of our age can better bear a wealthy 
 fmecure, than an honorable aud unprofitable place. 
 The Treafurer's fees were enlarged to a confiderable 
 amount, exclufive of poundage, fo lately eitablifhed. 
 England was to be imitated in every point but intc- 
 ,qr/Vy, order, and (Economy ; therefore an Under Trea- 
 fhrer was engrafted upon the parent flock, and 
 named by his principal. 
 / 
 
 " Sic divifum impei ium, Orefar cum Joye habet." 
 
 Whilft an office clerk arranged the principal official 
 duties of both, and which fuiliced in preceding 
 iimes to uphold the Society, and preferve its un- 
 tainted benefits to every legal Praclicer. 
 
 The year 1/93 appeared in contraft a as to King's 
 inns management, to the profcriptive or penal prin- 
 ciples which influenced a portion of the legal body, 
 and Iriflf Senate, in 179?. The Statute of 1782 
 had been repeated to make way for a tyrannic Char;- 
 ter, which was alfo abrogated in this Sellion ; 
 its lingular materials have become- a ground- work 
 for the prefent exifting rules, unfupported, as they 
 certainly are, by prefcriptive authority, analogy to 
 Englifh Inns of Court, or profeilional aiTent. The 
 Englifh Parliament fiill further relaxed the opera- 
 tion of penal laws againft Roman Catholics, which 
 precedent was thought worthy of adoption by feveral 
 Irifli Senators. However, the meafhre \vas fcouted 
 with furious zele from the Houfe of Commons ; a 
 r>tnilar fpiiit paflcd through mofl of the Grand . i
 
 4fo HISTORY OF THE 
 
 ties, who lent to a continuance of that fyflem their 
 weight and influence ; whilft fuch perfons as thought 
 the propofed indulgence a wife and falutary mea- 
 fure, reprobated Grand Jury refolutions. Amid 
 this alarming difcord, minifterial influence proved 
 all-powerful, and pronounced to each party, " Thus 
 farfualt tbougo, and no further." A change of fen- 
 timent, equally fmgular and unforefeen, exhibited 
 the Irifh Parliament, as the wavering pendulum of 
 contradictory decifions. 
 
 After ah exclufibri from the revolution in i68 3 
 Roman Catholic fellow-fubjefts were admitted to the 
 rank of Barrifters. For better than a century afts 
 of State, or Cattle Chamber decrees, excluded 
 them, as the Statute of Supremacy affefted Pra&i- 
 cers only by an indirect, and poflibly, over/trained 
 conftrufl!ion. Superadded impediments oppofed 
 their admiflion after the acceflion of King Willianij 
 and difabled rriiniflers or kings from giving the 
 flighted partial or temporary relief. Several gentle- 
 men, however', occafionally qualified themfelves for 
 conveyancing, or chamber practice, and even be- 
 came Members of the Inns, whereby an inflant ac- 
 ceflion of able and eminent men was added to rfie legal 
 tolll of each kingdont. 
 
 Commons were inftituted in Hilary Term of the 
 fame year ; but even that revival could not be ex 
 empt from the ufual fate attendant upon the Society 
 partial 'view, precipitate engagement, and needlefs 
 expenditure. The Mufic Hall in FifhamJble-ftreet 
 
 was
 
 KING'S INNS. 461 
 
 Ivas taken, and furrendered at a confiderable lofs. 
 The Tennis Court in Townfend-ftreet was 
 finally fitted up ; cliiFerent tables were arrayed in 
 a fuitable manner for junior and fenidr Rea- 
 ders, junior and fenior Mootmen, Attornies, -and 
 officers of the different Courts. Thefe feveral marks 
 \vere affixed to each, and the wifhed for diflinction. 
 anticipated. When the great Charter of legal fer- 
 intude fell, the faded emblems became iifelefs, and 
 the Hall affumed a lefs intricate divifion, with a 
 more dignified appearance. After the difufe of half 
 a century, it may be prefumed that politenefs would 
 mark the planners, and novelty produce an uncom- 
 mon attendance : but the eftablifhment ceafed to be 
 popular, when the tyranny, in which it was enve- 
 loped, became vifible, 
 
 An oppreflive or infulting principle will meet re- 
 luftant fupport in an enlightened age, or among a 
 nation of freemen ; fuch attempt can alfo be put 
 down with equal promptitude and effect. Barrifters 
 were not publicly affronted, though unbecoming 
 and unfounded cenfure was directed againfl their 
 oppoTition, as if {here was no intention to enforce 
 improper rules, or revive antiquated exercifes ; but 
 that indifcriminate authority was necefiary to ma- 
 nage Attornies, and the new Members of each pro- 
 feflion. With this pretended view the attendance 
 of the latter at Commons was infiftcd upon with 
 great vehemence. Under the Civil Bill Ad, it was 
 thought neceflary to fecure (for the benefit uf kuit- 
 ors) Practitioners from the fuperior courts, wi 
 
 1 i honorable
 
 462 HISTORY OF TI-HB 
 
 honorable conduft and legal {kill are prefumed tp 
 move in focial contact ; therefore, perfons only were 
 allowed to act as Attornies in fuch caufes, who ap- 
 pear every ifiuable Term in one of the faid Four 
 Courts, and pay their Commons, and other duties, 
 to the Stezvard of ths Inns. 
 
 This paragraph of a Law, which led to fuch a ty- 
 rannic exertion, and baneful effect, might, under a 
 ikilful review, enlighten ignorance, and revive public 
 principle. Commons had ce? fed for half a century, but 
 the fubfidiary regulation was overlooked, and no evi- 
 dence held necefiary of a flatutable attendance by 
 Pra&icers in iffbable Terms. However, during the 
 exiflence of a dining hall, it was not neceffary to at- 
 tend Commons; Caft Commons fupplied the place, 
 though perfons frequently preferred the trifling addi- 
 tional expence, which enabled them to convert a mode- 
 rate tax into convivial union. The other duty confided 
 of a Termly Penfion of fixteen-pence, a fum too 
 trifling for profeflional poverty to feel, or perfonal 
 avarice to revolt at. 
 
 The whole enactment was confined to one line of 
 bufmefs, and eould not be extended to perfons in 
 no manner concerned therein. It affords a dignified 
 proof how defective our legal fyflem is in tyrannic 
 precedents, when ambition, lucre, and pride, could 
 not, in extenfive refearch, find a more appofite ex- 
 ample. Literary wifentsrpretation, and -petulant pr:.- 
 fuwption, extracted from the preceding law a genera/, 
 ancient, and unaltered authority, to enforce an obe-
 
 INNS. 
 
 dient mufter of Attornies at dinner. Venerable 
 age, unblemifhed chara&er, and independent for- 
 tune, afforded no exception. It was folemnly,- fre- 
 quently, and publicly declared, that abfence fhould 
 not be confined to the ancient cenfure of fereenittg ; 
 defaulters were threatened to be forejudged their pro- 
 feflion. Some Judges were fuppofed ib malleable 
 to the purpofes of innovation and intereft, that it 
 ivas hoped every public or political movement of 
 Attornies would appear within their jurifdiclion. 
 Under this impreffion, a lift of attending Common- 
 ers was made out, and handed to thofe Judges who 
 were fo fingularly fapient as to originate or fecond 
 the preceding defign. 
 
 Ordinary ftruggles for power are conduced upon 
 more equal terms ; though intrepidity marks the at- 
 tack, moderation guides the movements, as the un- 
 certainty of fuccefs makes threatened opprefTion un- 
 wife. Benchers, however, treated the profeflion 
 with anatomical Ikill. The fubjeds feemed incapa- 
 ble of motion or refiflance, whilft lively vigour and 
 unfeeling ingenuity directed the experiments. Nor 
 has an ultimate failure produced the proper effect iri 
 cither party ; tyrants familiarly mix in the company 
 of intended flaves, and with vulgar hypocrify affeft 
 to bury malignant defigns in meaner profefiions. 
 
 The Hall was, hovrever, thinned by infobrice 
 
 and mifmterprctation an illegal and impudent at- 
 
 tempt met juft correction in general contempt. Al- 
 
 fred manners will produce a different effect, and 
 
 I i 2 correct
 
 HISTORY OF THE 
 
 correct Benchers become abfolute and populiiTy 
 when calm wifdom and public fpirit diftinguifh their 
 proceedings. The nation is (if poflible) more inte- 
 refted in the completion of that patriot plan, than 
 the fleeting Members of the King's Inns. Every 
 ancient family in Ireland, even its tradefmen and 
 peafants, are irrefiftibly bound to uphold the honor, 
 protect the independence, and extend the learning 
 of a legal body. Their kindred or defendants wiH 
 fhift pofition with the pofterity of the prefent Prac- 
 ticers, and feel the comfort or preflure of thofe prin- 
 ciples which it has been my laborious duty to detail 
 and delbribe. 
 
 Accidental power or uncommon talents may cre- 
 ate a great perfonal interefl in the Society, which 
 will as fuddenly vanifh, as it has imperceptibly arofej 
 but. family authority can never continue. Mod pro- 
 bably there was not among the chartered Vifitors or 
 Benchers of 1 792, a fmgle relation or defcendan<: 
 of the original aflbciates in 1607. Has not the in- 
 fluence of a Clare and Clonmell completely perifhed 
 with their peribns j though the one poflefied more 
 power, .and the other enjoyed a larger income than 
 ever fell to the lot of an Irifn Lawyer. When a fevr 
 years gather fufviving veterans into the fame group, 
 the King's Inns Society will be equ-ally ungoverned 
 by their legal reprcfentatives. Under the impreflion 
 of this acknowledged truth, Iriibmen may fairly 
 hope, that an sera of moderation, integrity, and 
 public fpirit, will fucceed to a period of designing 
 oufm y and which gave rife to the alternate dif- 
 
 tinclioi*
 
 KING'S INNS. 
 
 cinclion of criminal neglecl, or avowed miimauage- 
 aient. 
 
 Plighted faith attached to hiftoric duty, could 
 alone fuftain .the fevere drudgery of commenting 
 upon zfyftem bafc as it 'was novel. Let me now en- 
 quire, with a temper equally calm and impartial^ into 
 the internal management of the Society's revived 
 income., and afcertain how far it has been difpenfed 
 with integrity, order, and ceconomy. An opinion 
 had been induftrioufly circulated, that in addition to 
 an Hall, Chapel, and Library, a fquare of houi^s, 
 built upon a collegiate plan, would fuit profeilional 
 convenience. The motive for this innovation was 
 more honeft, than well considered. Such would 
 not at this time originate in England ; but celibacy 
 is not fo much the fafhion of profeflional men in 
 this country, as in the fifter kingdom. Where that 
 is not the cafe, feparate fituations correfpond more 
 with perfonal purfuits. Attornies do not practice 
 in general concert ; nor Barriflers unite in ftudy. 
 Clients would, however, feel fuch an adoption a 
 grievous curfe, and -be deprived of that eafe and 
 freedom which they now enjoy, by moving for legal 
 advice to different parts of the town. This circiua- 
 ftance may frequently arTedt opulent men, but an 
 embarrafled Suitor muft endanger perfonal fafcty, 
 and increafe i^mjly diftrefs, by abandoning well- 
 founded legal claims. 
 
 The profeffion, however refpeftable, is carried 
 |U in this kingdom on fo clofe a fcale, that Practi- 
 
 cert
 
 46$ HISTORY OF THE 
 
 cers are generally known to each other. If fucU 
 perfons be refident together, clients will become 
 equally known, and their approaches or movements 
 Carefully watched. This lafti'ng difcouragement 
 mud effectually counteract any cheapnefs which the 
 well managed funds of the Society may enable 
 Chambers to be held under. Official apartments 
 for the Judges, in which evening or out-court bufi- 
 iiefs may be executed, upon a plan fimilar to Ser- 
 jeants Inn, are already attached to the feveral Courts^ 
 and if the Hall had not been unfortunately fevered 
 from that neighbourhood, it may introduce and efta- 
 ^lifli that ufeful practice. But the prefent fituation 
 feems to preclude that hope, and even renders fuch 
 attendance at the Four Courts more ufeful. 
 
 This part of my fubjecl: is the more ftrongly dwelt 
 ppon, as projeded Chambers have hung heavily upon 
 the profperity of the eftablimment, and obitrucled 
 other more important improvements. However, the 
 perfonal convenience or architectural taile of a few 
 crafty perfons over-ruled all adverfe obferyations, or 
 even the obvious propriety of building an Hall, 
 Chapel, and Library near the New . Courts, and 
 confining the revival to that ufeful eftablifliment. 
 The eftate pf the Society prefented, in that pofuion, 
 a clear front to the Quay of 153 feet, with an am, 
 pie rear for further buildings ; even ground could 
 be at that time cheaply acquired for a fmall fur- 
 rounding fquare. Making full allowance for the 
 rent now received by the Society, and the fine then 
 paid by the tenant, a clear fum of twenty thoufand 
 
 pounds
 
 KING'S INNS. 467 
 
 pounds would have been faved, fufficient to build 
 an Hall, Chapel, and Library, with proper profef- 
 fional dignity, architectural tafte, and internal con- 
 venience. But the Inns-C)uay ground was leafed in 
 perpetuity, poflibly to fmo'ther with more complete 
 erlect, any fixture of fuch fpot for the preceding 
 purpofe. That leale, and thofe executed for the 
 ground near Henrietta-ftreet, forcibly prove the dou- 
 ble pofition then neceflarily aiTumed by the Bench. 
 The former was figned by the fucceffors of thofe in 
 whom the eftate was vefted by the Statute of 25. 
 . II. j the latter by the Treafurer, as if he were 
 the known reprefentative of a corporation, 
 
 That aft was therefore illegal, and the defecl well 
 known to the leffors. The Society honorably, or 
 in fubfervience to jobbing leaders, upheld the im- 
 provident bargain, and landlords, acquiring eight 
 hundred pounds a year more than the intrinfic va- 
 lue, could be eafily bound to a folvent tenant by a 
 rope of fand. No Committee was authorifed to re- 
 view and report on the Inns-Quay ground, or to look 
 out for a new fituation. The Treafurer, however, 
 amufed himfelf, and two or three official confidants, 
 with a perambulation of the city, and confulted at 
 pleafure about the new movement. Two pieces of 
 ground were viewed, and reported to the Bench ; 
 one called Galway's Walk, the other our prefent 
 fite. A little reflection might have fhewn that nei- 
 ther was equally proper with the Society's ancient 
 remaining eftate, then in their hands, though of the 
 two the former was infinitely more convenient, and 
 
 much
 
 HISTORY OF THE 
 
 much cheaper j it had even met a precedent appro- 
 bation, biu a full confirmation was fufpended. During 
 this interval, and accidental delay, the ground oi 
 the Society, flili imlet, may have been adopted. 
 
 Qn the 5tfi of February, 1795, the Treafurer, 
 peffifyly. to defend his own condutt, records, that pre- 
 vious to November, 1793, he defcribed Galway's 
 Walk-as an healthy fite, near to the Courts of Juf- 
 tice and public offices, with convenient avenues be- 
 tween them, and eafy approaches to and from other- 
 parts of the town. On the 2 ill Jujy, 1792, the 
 ground at Gal way's Walk was approved of, and 
 the Treafurer ordered to purchafe. It appears from 
 the fame authority, that the Treafurer was, in Oc- 
 tober, 1793, firlt fhewn the prefent'fituation, and 
 it is not lefs remarkable, that from 311!; January, 
 1793, to the 1 7th of November, in the fame year, 
 there is no entry on the r reafurer's book, though 
 feveral meetings neceliarily intervened ; a matter 
 which proves that regularity does not mark that im- 
 portant volume. However, the preceding order of. 
 25th July, 1/92, was on that day implyedly re- 
 > voked. -The prefent fite then cams into play, with- 
 out any previous notice or deliberation ; a majority 
 of attending Members ordered the Treafurer to treat 
 for the fame. 
 
 As the only benefit from this publication (if it has 
 any) is directed to poilerity, and fuch principles of 
 King's Inns accuracy and management as may lead 
 to future and permanent improvement^ I am bound , 
 
 contrary'
 
 contrary to habitual temper, to review with criti- 
 cifm, innovations flowing from more enlightened 
 ininds ; but which, with adverfe obfervations, are 
 calmly fubmitted for rejection or adoption. Whilft 
 my mind is convinced how many of the legal pro- 
 feffion dignify wjfdom, not more by unbending in- 
 tegrity, than a manly difpofition to correct pad er- 
 rors, and counteract a pofiible repetition; profef- 
 fpnal induftry becomes a fubfidiary instrument to 
 fiiitoric refearch, As truth accompanies the execu- 
 tion, framers or advocates of ili-confidered fyi- 
 tems can fhift petition, and exercifs fimilar zele in 
 . fupport of fimpler and more correct; defigns. Should 
 thefe undifguifed fentiments be neither felt nor ref- 
 pected, the reader may rely, that I regard the views 
 of exiding jobbers with philofophic indifFerence s or 
 fettled contempt. Idem, Ville, & idem Nolle, ea de- 
 muni Summa amicitia eft : fuch is my confirmed opi- 
 i;ian. It is therefore only from foes to fervitude or 
 tyranny, unpurchafed friends of Irilli freedom, and 
 firm claimants or ardent admirers of Englifh Law, 
 that I look for approbation and fupport, Under 
 fuch hope, I have puriued with humble induftry an 
 yfeful tafk of dullnefs, and will pofUbly render fa- 
 miliar or intelligible the rules of a great national SQ- 
 hitherto equally ancient and unknown, 
 
 In the preceding rejection of Galway's Walk, and 
 Adoption of the prefent fite, two obvious and precipi- 
 tate improprieties equally occur; no notice announced 
 the former intent, and no precedent or honeft practice 
 could warrant the latter. It is immaterial, under 
 
 fuch
 
 4/Q HISTORY OF TH 
 
 fuch glaring circumftances, to review the poifib'e 
 motives of individuals ; they can be beft explained 
 by fubfequent acls. If legal delay marked former 
 refolves, military difpatch diftinguifhed the latter, 
 which led to fingular movements. The event mufl 
 prove to pofterity, that a corrupt and unprincipled 
 King's Inns faction inflicted on the legal Society of 
 Ireland, \vith a common detriment to the Britifh 
 Empire, a mifchief nearly as fevere as what con- 
 inilfed Nature directed againft Berytus. The Trea- 
 furer foon difpofed of the matter; and on the i4th 
 of December, in the name of the Society, took a. 
 leafe from Richard Trench, (now Earl Clancartyj 
 as Truftee of the late Lord Mountjoy) of one part, 
 at the annual rent of 514!. This was no fmall 
 charge upon the Society j Jet me therefore defcribe 
 the preinifes : 
 
 On three fides it was impervioufly protected from 
 architectural improvement ; yet fuch was the appa- 
 rent view under which it was taken. The northern 
 fide was the eftate of Lord Palmer flown, and as his 
 Lordfhip's title is juftly fecured by length of time 
 againft every claim, not refulting from prefcriptive 
 prerogative, I am the more ready to pronounce it 
 part of the ancient eilate of the King's Inns, granted 
 to his famous anceftor, the Majler of the Rolls, an4 
 releafed to his fon, the then Solicitor General. How- 
 eyer that ground, with an open avenue on every 
 other fide, pays at this moment fifteen guineas an 
 acre, whilfl 5 1 4.!. for a fimilar quantity graces the 
 King's Inns Rental. The plunder arifmg from this 
 
 leaie
 
 KING'S INNS. 
 
 kale merits added ridicule : part of the ground 
 without Lord Mountjoy's wall is excluded from the 
 tenure. The reader may wifh to know the reafon ; I 
 fhall not, however, incur the judicial reproach of tel- 
 ling truth, but fupporting it by wrong arguments. If 
 that ground ever affumed a building air ? it muft be 
 from the intended improvement. 
 
 His Lordfhip therefore wiflied to extend his ad- 
 joining ground, and enable himfelf to difpofe of the 
 houfe and land in the rear to legal Prafticers or pro- 
 ferTed Builders. In truth, he would be in this 
 manner fo completely benefitted, that were the 
 ground taken bellowed to the Society, a fufficient 
 indemnity would arife to his ]Lordfliip. The weftera 
 jide confided of houles towards Glaffmainoge road ; 
 thefe, which muft rife centuple by the intended pro- 
 ject, it would be necefiary to purchafe. The eaft- 
 crn fide was bounded by Lord tylountjof s boufc and 
 ffifts. That amiable nobleman yoas as -prudent as he 
 was brave, and predicted extravagant benefit from 
 the King's Inns. The fouthern front confided of a 
 narrow paffage from Henrietta-ftreet to Ghffinainoge 
 road; a fit eafement to enter the ground, but not 
 as a ftreet, fquare.,, or inagnificent public building. 
 
 Juftice, however, binds me to add, that an ad- 
 joining piece of ground was then in th contempla- 
 tion of. the Treafurer and other Benchers, and even 
 taken by a previous concealed agreement ; it thus 
 becomes neceflary to defcribe the circumflances with 
 pqual accuracy and minutenefs. Though the prefent 
 
 age
 
 47* HIBTOH.Y OF THE 
 
 age and pofterity muft feel furprife that the preceding 
 agreement with Lord Mountjoy was finally conclude 
 ed, before the latter, relative to the Primate's gar- 
 c, , was oftenfibly confirmed. InliilaryTerm, 1794, 
 a Bench Rule authorifed the Trealurer to treat with 
 a certain gentleman for this fecond piece of ground, 
 whenever he made out a proper title thereto j yet a. 
 quarter's rent is paid, in the printed accounts, from 
 the preceding December, Thus, by an early and 
 active mifmanagement, fraud and concealment 
 marked one bargain, and unblufliing extravagance 
 diftinguifhed the other. 514!. annual rent was pro- 
 inifed for a piece of ground, cerrainly over-rated at 
 thirty pounds, and in itiMf utterly unfit for the So- 
 ciety's ufe. The adjoining lot, or Primate's gar- 
 den, was alfo taken at 650!. annual rent, and leales 
 executed in February, 1794. 
 
 Thus, 1 1 64!. was pledged in perpetuity for the 
 prefent fite. Let me now flate the fituation, anc} 
 probable value thereof: The Primate's garden cer- 
 tainly had advantages, not merely in fize, over Lord 
 Mountjoy's ground ahnoft equal to the difference of 
 the rent ; for it extended completely to Glaffmainoge 
 road ; and as a few old houfes fronting thereto were 
 held on determinable leafes, fome improvements 
 may be in time looked for in new buildings fuited to 
 that avenue. This, however, coqld not .be an in- 
 ducement for the Society's taking it, though there was 
 nearly an infuperable bar to the propriety of freat- 
 ing in the firfl inftance about ground fo circum- 
 (lanced. Some part of its front that way was leafed 
 
 under
 
 KING'S . 
 
 under claufes of Mies quoties, which ftill fubfift, and 
 forbid a complete fquare without a purchafe, now 
 rendered, from neceffity or convenience, incalcula- 
 bly extravagant. 
 
 The fouthern fide was bounded by the Linefi- 
 hall, and permitted no poilible open through that 
 line. The buildings of that national inftitution had 
 been even too confined, and part of the Primate's 
 garden, at a preceding period, was by proper con- 
 fent added thereto. At all events, fuch an impor- 
 tant eftablifliment merited more attention than what 
 profeflional partiality could fuggeft in the erection 
 of a new, and poffibly unneceflary fquare. The 
 improvident bargain has in that refpecl worked * 
 double injury, to the Society by an heavy perpetual 
 rent ; and to the public by precluding any enlarge- 
 ment to the Linen-hall, correfpondent to the increafe 
 of our moft ufeful export, and the wiflied for fupe- 
 riority of that flaple manufacture. The entire eaftern 
 fide was bounded by the Primate's houfe and offices. 
 Its only open front lay to the weft ward, and con- 
 Hied of a poflible paiTage, cart wide, which may b<$ 
 opened from Honrietta-ltrcet to Glaflmuinoge road. 
 
 Thefe were the fevernl pounds which a few active 
 individuals acquired for the renovation of the King's 
 Tnns, and an expanllon of architecture in which a 
 legal Dicck/ian ipay waite declining years, undiflurbed 
 by the fur rounding tumult of policy or profcjjwn. Yet 
 a Itill more curious circumllance accompanied this 
 tlemife : the Primate had a fubailing intereft and 
 
 poiTeilioia
 
 474 HiSTour OF THE 
 
 poffeffiori for the term of his own life. Had that 
 venerable and virtuous prelate lived to this moment, 
 no buildings could be proceeded upon without his 
 Grace's confent. His ftate of health and inclina- 
 tion forbad any hope of his return as a refident to 
 Ireland, yet what reafonable man would make a 
 propofal for an immediate furrender, and hope for 
 compliance ? The pooreft tenant muft conceive fuch 
 an approach as an infult added to treachery. Could 
 the principle be lefs provoking, or cenfurable, when 
 exercifed by a learned, honorable, and opulent Society, 
 againft a man of high rank, and ftill more exalted vir- 
 tue. Perhaps the reader will feel furprife at the de- 
 iriand of fuch an unreafonable rent, or an acqui- 
 cfcence therein by a keen and ceconomical body., 
 and afcfibe the fingular bargain to preconcerted and 
 fyftematic jobbing. Let me, however, foften any 
 precipitate imputation, and fuggeft the greatefl pof- 
 fible improvement which that ground could receive 
 in a general building fpeculation. Irimmen can 
 thus, with appropriate accuracy and integrity, 
 calmly determine whether any profpeclive rent could 
 afford a plaufible pretence for the preceding exorbi- 
 tant claim. 
 
 The only line of houfes fuited to the fituatiofl/ 
 arid likely to produce largeft income, would arife 
 from the proprietors blending their feparate intercuts, 
 fo as to fecond a common advantage. By this com- 
 munion, Henrietta-flreet could be continued nearly 
 to Glaflinainoge road, and fimilar houfes built there- 
 on. If, by purchafing the Racket Court and adja-
 
 KING'S INNS. 
 
 cent tenements, it was fully open thereto, a gi 
 depreciation in value muft arife ; the exifting beauty 
 and convenience would inftantly vanilh, and a place 
 of fafhion degenerate into a crouded and vulgar ave- 
 nue, through which people and cattle would move 
 into the heart of the Metropolis. A few houfes 
 only could be built in fuch manner as to preferve an 
 find or place fimilar to the prefent, and with a pai- 
 fage under an houfe of either fide to the ftables. 
 By the preceding mode, an annual profit of about 
 three hundred and fifty pounds may be made. But 
 my real opinion is, that the united fite would never 
 become defirable ground for building, in preference 
 to Mountjoy-fquare with its furrounding ftreets, or 
 the famionsible additions on the fbuth fide of the 
 jjfiey. 
 
 4 
 
 Allowing, however, three hundred a'nd .fifty 
 pounds a year for its poflible value under the utmolfc' 
 improvement, the Leflors gained an income of SooJ. 
 or a grofs fum of fixteen thoufand pounds from the 
 funds of the Society for .ever. This inaufpicious 
 dealing was no fooner clofed, than the Treafurer's 
 paflion for architecture began to difpiay itfelf in a 
 fmgular manner. That extraordinary man formed 
 the eccentric defign of planning, fuperintendingj 
 and completing the Hall and Library, with 
 the projected fquare. Having feconded rival and 
 oppofite intereits in the preceding demifes, heconfi- 
 clentty hoped, that fuch perfons would give him a, 
 joint fupport in the indulgence of this favourite 
 
 .7ine. An excavation \vns quickly made, mare-
 
 4)6 HISTORY OF tHZ 
 
 rials -prepared, and fuperintendants appointed. In 
 July, 1794, that gentleman's plan and elevation of 
 a Dining-Hall and Library was approved in Coun- 
 cil ; nor is it eafy for me to forget the tranfport 
 with which he communicated the intelligence) and 
 the fatisfa&io'n apparently vifible, when I hailed hini 
 as the legal Vitruvius, a character more permanent 
 and refpedable, than what accrued from the fleet- 
 ing rank of artillery Captain^ or Squire of St. Pa* 
 trick, 
 
 A day was even fixed, and nearly approached, for 
 laying the foundation (tone ; but fudden and fable 
 clouds frequently interrupt ambitious profpeds, the 
 feemingly unalterable order yielded to over-ruling 
 influence. I was prefent at the interefting oppofi- 
 tion, when a young Bencher, Mr. Marcus Beres- 
 ford, joined to his opinipn the ftrength of an af- 
 cendant party. In vain the Treafurer and his par- 
 tifans pointed out the ceconomy of his approved 
 plan ; in which architectural profit was difchimed,' 
 and a recompence only looked for in the generous 
 commendations of cotemporaries, and the jufter ap- 
 plaufe of pofterity. In the true fpirit of profeffionat 
 debate, thefe reafonings formed a bafis for opinions 
 of the oppofite party : that of difmterefted ceco- 
 nomy was ridiculed, as the harbinger of ruin ; if 
 fuch a building fhould be committed to any per- 
 fon's guidance, who was not a profefied archi* 
 left. Why, it was added with warmth, vary in an 
 expenditure of large amount, and public truft, from 
 the eftablifhed practice of mankind. Though an una- 
 nimous
 
 ! ::':c's IXNS. 477 
 
 himous a/Tent was not given to the apparent inte- 
 grity, and obvious good fenfe of the preceding ob- 
 fervations, the Treafurer's building party mrunk 
 into a di mini Hied minority, and in that refpeft 
 blafted his official aftivity for ever, 
 
 This rejeclion of an internal plan delayed the 
 progrefs for fix years, and opened a profpeft of de- 
 figns and offers from men engaged in that particular 
 purfuit. The preceding adoption occafioned a lofs, 
 to the Society of two thoufand pounds, and the fub- 
 fequent delay added thereto the accruing ground rent 
 of fix thoufand guineas. The Treafurer's choice of 
 fituation has been juflly and univerfally condemned. 
 I muft, however j leffen that cenfure by obferving, 
 that the Primate was then living, and on his garderi 
 no experiment could be made ; fuch part rriay there- 
 fore remain unbuilt for many years, which muft 
 render any fyrnmetry of defign, or correftnefs in 
 execution, perfectly incomplete ; I therefore confi- 
 der every intervening attempt as the effulion of va- 
 7//7v, party ', or fclf-inicrejl ; principles certainly fuf- 
 ficient to exhaufl King's Inns taxation or revenue 
 without any profcffionai ufe or permanent benefit, 
 
 There is, however, no trade wind in the com- 
 merce of jobbing ; it is fubject to party fqualls, and 
 the dull calm of hypocrify. The invoice does not 
 always afcertain its dedination, nor the profeifion of 
 a peaceful coalition fecure its fuccefs. I conceive it 
 neceflary to prepare th-e reader by thefe collateral re- 
 marks for a new and unexampled pofition, other- 
 
 K k wife
 
 HISTORV OF THE 
 
 \vife he may miftake the preceding defcrlption as in* 
 eluding a title fufficiently legal. An incumbent 
 cloud* however, inftantly overhangs, and fanclifies 
 that popular aphorifm, \vhich only refpecls the le- 
 gal judgment of Barrifters, when thefe fage charac- 
 ters are paid for intellectual exertion. 
 
 One immediate Leflbr was a Bencher ; and on a 
 fuppofition that he took the ground under a pre- 
 vious contemplation of the fubfequent agreement, a 
 fpirited corrector of the Common Law may confider 
 him as a Truftee, and decree fuch intermediate pro- 
 fit to the Society's ufe. It is in this inftance alone 
 that the benefit of the legal body feems to be attended 
 to. Yet added aftonifhment muft affect the reader, 
 for even were that prefumed principle fuccefsful, the 
 holding would be by feveral thoufand pounds too 
 dear. But the coy goddefs of equity could not be 
 feduced to fuftain fuch an unprecedented attack 
 without ftrong evidence. The Treafurer indeed re- 
 cords, that fuch perfon mewed him, in October, 
 1793, -the Primate's garden, as a fit fituadon, when 
 united with Lord Mountjoy's ground, for the New 
 King's Inns. I mail notfo far fhift the hiftoric into the 
 profeiiional character, as to obtrude upon the reader 
 my opinion, how far fuch proof would fupport the 
 preceding intended fuit. 
 
 It is, howevsr, my bounden acl to enforce cer~ 
 tainty from doubt, and convert the poffible abufes 
 of Law into a correvition of malpractice, and the 
 exaltation of national character. Had the prejudice 
 
 of
 
 KI:CG*S INKS. 479 
 
 of counfel or madnefs of party brought fuch a quef- 
 tion under judicial cognifance, and a corporate cha- 
 racter attached to the King's Inns, no eftablifhed 
 equity court could investigate the fmgular queftiorij 
 for in fucb cafes all our Judges were intercjlcd parties. 
 This proves the abfurdity of affecting to imitate 
 Englifh eftablifhments without a fixed obfervance of 
 Englifil principles, and affords a decifive example, 
 that any Irifli deviation flows not from precipitancy 
 of decifion, or inferiority of intellect ; but a fpirit 
 of jobbing, perfonal malignity, or interefted fervi- 
 lity. The preceding vifionary fcheme hung over the 
 eftablifhment for three years, and its principle was 
 relumed in various fhapes. 
 
 When the former attack was defeated by a want 
 of foundation in fact or juflice, a Bench Order 
 of the 5th June, 1795, contains the report of the 
 Treafurer's letter of 23d of April, 1795, to the 
 Leffors of the New King's Inns, with the anfwers 
 thereto. The oppofers of that agreement now, for 
 the firft time, feemed to conceive the title under the 
 demife invalid, yet were willing to furrender the 
 ground, and give reafonable compenfation for any 
 injury done to it. Lord Moimtjoys anlwer was fully 
 expreflive of the improvident bargain. Bdldes a 
 refufal to accept the proffered furrender, his Lord- 
 ihip added, that compenfation would exceed the 
 conception of gentlemen ; thus plainly intimating, 
 that the real value of the ground was fo trilling, as 
 to make any difference between it and the rent pay- 
 able by the Society almoft equal to a purcli 
 
 K k 2 The
 
 HISTORY OF THE 
 
 The other anfxver correfponded with his Lordfhip's 
 general principle, but was couched in profefiional 
 form. It pronounces the Benchers' doubt as utterly 
 unfounded in Law, and gives notice, that fo far from 
 accepting a furrender, the payment of the rent, if 
 unpaid, will be regularly enforced ; concluding with 
 this flrong remark that the party knew of no ade- 
 quate compenfation for blowing upon a title to Dub- 
 lin building ground by fuch a Society. 
 
 Opinions of Trim counfel were then had, whether 
 the preceding leafe had been valid from the begin- 
 ning ; next, whether the Leflbr of the Primate's 
 garden was bound to buy in the under-tenants 
 kafes, and give the premifes clear from fuch charge 
 to the Society. This fharp meafure formed a mafter- 
 piece of vengeance, as the entire profit would bs 
 fwallowed in ks vortex; -yet in point of common 
 honefty it was a ftrange attempt, for. both parties 
 were well acquainted with thefe concurrent leafes, 
 which are even aiiigned, accepted, and fo far made 
 matter of record in the leafe to the Society. Upon 
 thefe apparently interefling occafions, the opinion of 
 an Er-glifh Attorney and Solicitor General was or- 
 dered to be taken.- The reader may, however, pre- 
 fume the refult unfavourable from fubfequent filence 
 upon that head. In this manner the ground re- 
 mained for four years, not merely unimproved or 
 unbuilt upon, but an added expence to the Society^ 
 exclufive of a lofs by its annual rent of one thou- 
 fand guineas. 
 
 the
 
 KING'S INNS. 48 r 
 
 The reader has feen it offered to the Letters ; 
 *vhich propofal was confidered fo grofs, and the re- 
 compenfe. if adequate, fo large, that no particular 
 fum has been mentioned by eirlier party. The next 
 flep was to advertife it for building ground. My 
 early fufpicion in .that refpeft was j unified by the" 
 event. Notwithftanding a public and avowed eager- 
 nefs to part with the premifes for- the intrinfic value, 
 and at a great lofs, a remote and unprofitable fitua- 
 tion baffled the attempt, ancl deterred builders from 
 offering a fingle propofal. This fufpenfion fro.u 
 building, and determination to difpofe of the King's 
 Inns, created another lively and fingular defign. 
 A fituation for an Hall and Library was felecled to 
 .the rear of the Four Courts, and all idea of Cham- 
 bers, or a Unrounding fquare, wifely abandoned and 
 condemned. Such a ftrufture would, it feems, 
 then fatisfy that humbled pride which fpurned 
 the open, healthful, and airy fituation of the Inns- 
 Quay. 
 
 " Teleplius & Peleus, cum pauper & exul uterc 
 " Pn-jicit ampullas, & ScfquipedalJa verba." 
 
 This interval enabled the Society to accumulate, 
 amid unneceffary expence, a large capital from 
 {lamps and depofits for Chambers. The itate of the 
 funds during war would enable active Members to 
 turn this income to an immenfc increafing advan- 
 tage, and the profefiion be thereby confoJed for pr - 
 ceding mifmaiiagement by. preferit prudence and 
 profpective advantage. 1'hc fees received by the 
 
 Treafurer
 
 HISTORY OF THE 
 
 Treafurer from Rafter Term, 1792, exceeded the 
 annual firm of one thoufand pounds j yet the rea= k 
 der will probably think legal integrity and learning 
 as little benefited by that enlarged eftablimmertt, as 
 the foups of an Englilh Archbiihop by having for 
 his patent cook an Earl of Warwick. The new cre- 
 ated office of Under Treafurer, by a fimilar fiat of 
 fees, exceeded the annual average of two hundred 
 and fifty pounds. The Treafurer named to that 
 office his eldeft fon. This gentleman dying in 1790, 
 or 1791, his ftep-fon, then under age, was named 
 in a fimilar manner ; both ailifted by an office-clerk 
 alfo appointed by the Treafurer. 
 
 Such profit and patronage did not efcape the 
 piercing eye of party ; its rapid rife and progrefs 
 appeared perfectly revolutibnal ; the poundage 
 feemed worthy of national adoption, and would 
 probably be introduced by a corrupt Cabinet, if 
 equal fecrefy could mark the growing fyflem, and 
 fhield parties from the lynx-like eye of oppofition. It 
 certainly operated upon a new and uncommon fcale; 
 money, when paid into the office, or iiTuing from 
 it, even what verged thither for a moment, and by 
 a tranfitory tangent, was fubject thereto. This 
 official gangrene deferved eradication, in which 
 every attention might be paid to the/freafurer's per- 
 fonal character or prefumed iervices ; whilfl an offi- 
 cial continuance, upheld in oppofition to ancient 
 practice and modern rules, mould be terminated 
 with a correction of improper profit in the fucceffor. 
 Fpr this falutary purpofe an ancient and appofite 
 
 precedent
 
 KIKG'S INNS. 483 
 
 precedent preferred itfelf, adhered to for better than 
 a century in this kingdom, and fuftained amid every 
 mutation of Manners, Religion, and Law, by the 
 unerring vuifdwi and untainted integrity of the Englifli 
 nation. The remedy confided in an annual election 
 of Treafurer, and an appointment of the Deputy 
 by his principal, to be approved of by the Society, 
 and continued by the poflibility of an annual re-elec- 
 tion during pleafure. 
 
 Thefe obvious fuggeftions were counteracted by 
 active dexterity, and fecret 'party management, in. 
 which entire tranfaction the Treafurer is a feparate 
 character from his brother Benchers. Power, pa- 
 tronage, and perfonal intereft were involved, which 
 in the prefent age, and in a legal Society, it would 
 be facrilege to furrender. No inference can there- 
 fore be formed, what would be that gentleman's opi- 
 nion, had it been folicited on neutral ground, and 
 in an independent form. Thus, the fapient pricfts 
 cf paganif?n fubmitted to luxurious income, and often- 
 fibly inculcated a corrupt and vulgar fitper/tiliou, 
 which their keen genius and polifoed learning, reviewed 
 with contempt. 
 
 The reader will concc.'ve me diftracted by a vari- 
 ety of matter, or forgetful of the leading principles 
 which led the Treafurer to office, and its inofl ob- 
 vious benefit an arrangement of accounts each if- 
 fuable Term, and payment of cam balances into 
 the Bank of Ireland. Seven years of eventful vari- 
 ety had elapfed, and the frame of the King's Inns 
 
 Sodt?ty
 
 HISTORY OF THE 
 
 Society was nearly a much altered from its original 
 conftitution, as the Government cf France from the lan- 
 guid reign of the innocent Lewis to the fanguinary vi- 
 gour of a Republican Directory. In May, 1791, 
 the Treafurer's accounts were audited by two Judges, 
 found to be juil and right, and Government Secu- 
 rities acknowledged to belong to the Society, and 
 amounting to about 3900!. in his bands. On the 
 5th of June, 1792, a fecond audit took place, be- 
 fore two Benchers, who certified that the fame was 
 fair and juft, and that they faw (their own expref- 
 fion) the Securities fpecifted on the other leaf in thz 
 Treafurer's hands. Fifty-four debentures marked 
 the intervening time. 
 
 Here let me call the reader's attention to the ftata 
 of the Society. Returning 54!. which had been re- 
 ceived in Eafter Term, 1792, for Chambers, there 
 remained in hands a clear furn of eight thoufand fe- 
 yen hundred pounds after all preceding frauds ; from 
 which furely a decent Hall and Library, with fuita- 
 ble furniture, could be built. The ground was ad- 
 jacent, and offered itfelf. Though the pureft reve- 
 rence for God always appears in a difinterefted love 
 of our country, an added tribute may, in fuch a fitu- 
 ation, be humbly offered, and the altar of Chrljl uni- 
 ted to a Temple of Ji;Jii;e by the erection of a Chapel. 
 But if the preceding fum ftartles profeffional pride, 
 and architectural tafte, there was a growing refource 
 in the funds of the Society to fuftain any moderate 
 added expence, exclufive of the legal claim for that 
 ground occupied by the. Four Courts and Offices j 
 
 a dif ?
 
 KING'S INN T S, 485 
 
 a difcharge of which furn would, for fuch a great 
 national purpofe, be promptly conceded to by Go- 
 vernment, Parliament, and People. 
 
 The immediate effect refulting from prudent ar- 
 rangement and integrity mufl be, that the Benchers 
 would be confidered as the difpenfers of all this 
 good. Such men need only exhibit an example, 
 and it would become even a popular aft to fecond 
 the defign ; the Dining-hall would be conftantly and 
 fully attended ; the Library become a place of ge- 
 ijeral refort, even during the fitting of the Courts ; 
 future Barrifters poffibly perfect profellional litera- 
 ture, and perfonal improvement, by the well-known 
 rules of Bacon " clofe Jludj^ free conference^ and 
 an occafional exercife of the pen" Chambers would 
 indeed be wanting, and' the profeflion as uninjured 
 thereby, as they feem to be at prefent. Some per- 
 fons may however regret, that fuch a convenient 
 cover for the diffipation of bachelors, and the more 
 criminal infidelity of married men, could not grace 
 the eftablifhment. The reader will probably be rea- 
 dy to purfue the neceiTary dullnefs of accounts, from 
 an humble hope, that fteady rules, and public fpi- 
 rited tnanagement, may in future mark the Society, 
 and remedy or remove the baneful elkxt of precedv 
 ing partiality and corruption. 
 
 A third audit was had upon the i4th of June, 
 1794, which was declared juii and fair, and one 
 hundred and Jut debentures and /r-d: ""Ircjfury bills were 
 allowed to be exhibited to view, Tlu-y alib find 
 
 thref
 
 486 HISTORY OF THE 
 
 three thoufand three hundred and fifty-fix pounds 
 five (hillings and one penny, ilerling, to the credit 
 of the Society, not in their name, but fo acknow- 
 ledged by the Treafurer. The reader muft accept 
 of my affiftance in all future obfervations upon that 
 head, as no fimilar ordeal aiietled the Treafurer for 
 the nine fubfequent years of his life. Official fituation 
 was not, however, permitted to glide in dignified 
 repofe j further attacks (fucb ivqs the language of that 
 day) were made upon him ; for on the third of De- 
 cember, 1796, it was ordered, " That the Treafu- 
 rer lodge the Government fecurities, the -property of the 
 Society, in the Bank of Ireland forthwith." Alfo, 
 " That the Treafurer print abjlratts of his accounts 
 for the ufe of the Members of the Society, and an ac 
 count of the amount of his poundage and fees" 
 
 The reader will perceive, that almoft every order 
 of the Bench fuggefts reflexions as envious and ex- 
 tenfive as the refined morality of Rochefaucault, or 
 jfaorite/fufafs profound policy. If I mentioned the 
 preceding circumftances as fubjects of general fuf- 
 picion, not undefervjng hjftoric notice, the authen- 
 ticity may be doubted, for they are not more repug- 
 nant to principles of honefly and common fenfe, 
 than to the fixed unrefcinded rules of the Bench. 
 The wife alteration was folemnly recognifed in 1789, 
 as a corrective to that unexampled corruption and 
 jobbing, which deprived the Society of an ample 
 eftate, and added thereto a complete plunder of per- 
 fonal property. Correct and immutable principles 
 ought to prevail on the reitoration or enlargement 
 
 of
 
 KING'S INNS. 487 
 
 of any inftitution ; nor fhould an imceafing encou- 
 ragement to flattery and fraud be admitted by a per- 
 petual reference to perfonal character. Every job- 
 bring vice or political corruption which has pervaded 
 corporate and felf-created afibciations in Ireland, ap- 
 pears to flow from that fatal fource. 
 
 The improvements of our time, and permanent 
 profperity of poflerity., hang on the immediate adop- 
 tion and enforcement of an oppofite principle. An- 
 cient Romans and modern Britons attained unri- 
 valled eminence in arts and arms by an adherence 
 thereto. If patriot zele can fugged a more appo- 
 fite example, be it remembered^ that an oppofite prac- 
 tice has powerfully contributed to the deprefiion of 
 Irifo ingenuity and excellence. The Treafurer has re- 
 corded, that he informed a deceafed Bencher by 
 letter of the feventh of December, of an applica- 
 tion to the Bank of Ireland, whofe Directors de- 
 clared, they would only receive the debentures and 
 Treafury bills as a fealed parcel, and not make 
 themfelves accountable for the contents. On the 
 sift January, 1797, "A Bench Order was made, 
 to make a fimilar application to the houfe of Mefi". 
 Latouche, purfuant to which it was declared on the 
 28th of January, that 128 Government, debentures 
 of one hundred pounds each, at 5!. per cent, and 
 1 06 debentures of the fame amount, at 3!. los. per 
 cent, with twenty Treafury bills at 5!. per cent, were 
 lodged in that bank, and an accountable receipt 
 given for the fame." 
 
 Thus,
 
 438 HISTORY OF THE 
 
 Thus, for the firfl time, twenty five thoufand four 
 hundred pounds was handed over to the real credit 
 of the Society, and permanent fecurity given for 
 the lame. Hitherto they were not only in the cuf- 
 tody of the Treafurer, but in his private houfe,. 
 without any lift or duplicate to aicertain their iden- 
 tity ; the principal of fome received, and in that 
 conftant mutation which fuch a fpecies of property 
 encourages, and fometimes requires. If a fudden 
 death or violent difeafe difpofed of the Treafurer, 
 what evidence had the Society to juftify a claim ? 
 To which Bencher would fo impertinent a meflage 
 be delivered, as to demand a review of all his papers ? 
 Or what family in Ireland fubmit its effects to fuch a 
 ridiculous invefligation ? The event does not render 
 thefe obfervations unneceflary, though it contributes 
 to confirm the Treafurer's official integrity, and has 
 refcued King's Inns rulers from the farcafms of pub- 
 lie ridicule, or pleafantry of fcenic exhibition. 
 
 The reader "has been informed that poundage was 
 allowed upon the fum of 4040!. received from Lord 
 Liffbrd's reprefentatives to the Treafurer, in confi- 
 deration of his trouble in eftabliming fuch charge ; 
 a remark which Benchers ought to recoiled with a 
 double point of view ; firft, to render future ac- 
 counts clear, by an half-yearly audit ; and fecondiy, 
 to fupprefe poundage In future. I reluctantly, but fo- 
 lemnly, pronounce a departure from each j for 
 poundage appears in the abflra&s, until finally fup- 
 prefled in Hilary Term, 1797, amounting in the in- 
 tervening period to fixtecn hundred pounds and up-
 
 KING'S INNS. 489 
 
 Thefe preparatory fteps may end in a revi-; 
 val of the ancient rule, or an enforcement of fuch 
 order as accompanied his appointment. But pru- 
 dent management and proper compliance counter- 
 acted that juft effect ; due homage was paid to the 
 fhrine of power, and plighted fervility met certain 
 fupport. It was therefore ordered, " That the pre- 
 fent Treafurer mail receive all fees payable to him as 
 Treafurer, according to a table formerly fettled to 
 his own ufe ; and if the fame mall not amount to 
 I25/. in each Term, or five hundred pounds in four 
 Terms, whatever may be deficient of faid fum mail, 
 be made up out of the funds of this Society. The 
 faid fum of 500!. to be in lieu of all poundage or 
 compenfation." 
 
 " That upon the death, refignation, or removal 
 of the prefent -Treafurer, a Treafurer fliall be elected 
 from among the Benchers, who fliall at in that 
 office without fee or falary ; ihall continue in it but 
 one year, and fhall not be capable of being again 
 re-elected into it until two years after the expiration 
 of that year in which he acted." By this means a 
 net income to a refpee~bble amount was fecured to 
 that gentleman for life* Had the office been at- 
 tended with confiderable trouble, impropriety was 
 affixed to the fubfequent part of the rule ; it may 
 therefore be fairly inferred, that Benchers confi- 
 dered it an honorable Jlnccure, except where bufmefs 
 is craftily courted or created for purpofes of interejl 
 or ambition* 
 
 the
 
 49 HISTORY OF THE 
 
 The office of Under Treafurer, created and dif- 
 fohible at bis p/eqfure, was not even recognifed but 
 by the table of fees, it therefore pafed unnoticed 
 during the preceding ftorm ; nor can there be a 
 doubt, that if an annual election of Treafurer took 
 place, fuch officer would aflume the privilege of his 
 predeceflbr, and name a deputy. An implied fix- 
 ation for life being fecured to the principal, contra- 
 ry to rule and right, a. faving hand was lent 
 to uphold the Under Treafurer, poffibly after the 
 death of his principal. For that purpofe the follow- 
 ing artful rule was entered into : " That a Sub- 
 Treafurer aifo mall then be elefled, who mall not be 
 a Bencher, Barrifter, or Attorney, fnall continue 
 in that office during pleafure, and fhall receive a 
 falary of two hundred founds, but no fee or other 
 emolument." 
 
 A new Treafurer may, according to ancient 
 ufage, and exifting practice, claim the nomination, 
 and would, from friendlhip or felf-intereft, find fuch 
 a perfon in the legal profeffion. If the office was 
 left open to a canvafs, a Member of the King's Inns 
 had the mod natural claim, and the mod probable 
 profpeft of fuccefs. By excluding fuch, a great 
 leading intereft was put down, and this prudent fore- 
 thought fecured the fucceffion. The reader is thus 
 relieved from indignant reflexions upon official inte- 
 reft, or innovation by admiration of the fyftematic 
 perfeverance, which was exercifed in its ftipport. 
 
 The
 
 KING'S INNS. 491 
 
 The preceding rule furnlfhes ample proof of the 
 connexion and fubordinate pofition of the Under 
 Treafurer, with that of his principal ; appointed by, 
 accountable to, and exifling only during the official 
 tenure of the Treafurer. I confider the refignation 
 of the latter officer, or its pofiibility, as a Kings 
 Inns pleafantry, whilft the awful word removal mud 
 indelibly Inform him what particular Bencher could 
 lead an hofl of dependent voters into Bench Coun- 
 cils, and enforce due fealry at his fhrine. This fen- 
 fation converted the Society's fervant into a collate- 
 ral officer of Chancery, and rendered the fenior 
 part of each profeflioji perfectly inattentive to its- in- 
 terior management of pecuniary concerns. 
 
 As the correct diftribution of juftice, and the in- 
 dependent fituation of its interpreters interefts the 
 nation, it rnufl on that account merit an incorpora- 
 tion with the Hiftory of King's Inns. From the ac- 
 ceffion of James I. until the reign of his prefent 
 Majefty, the three Chief Judges had equal falaries, 
 with the exception of one hundred additional 
 pounds to the Chief Jufh'ce of the King's Bench. 
 The fix puifne had no difference in their public in- 
 come, fave the fenior puifne of the King's Bench. 
 There was no particular payment until the year 
 1656 or 60, for circuit, until which period their 
 perfonal expences and entertainment was borne by 
 Sheriffs and Corporations. This became very bur- 
 thenfome to' the latter, without being fufficiently 
 convenient to the former, By an order from Go- 
 Termnent the practice was clifcontinued, and 507. 
 
 ecicb
 
 492 HUfORY OF HZ 
 
 each circuit given in lieu thereof, which was after-, 
 wards railed to lool. each circuit, and to two hun- 
 dred pounds with equal conformity to the progreflive 
 value of the articles of life. 
 
 By an Ad of this reign the Chief Judges were to 
 receive, one 1700!. annually, and the two other i6ocL 
 each, and the fix puifne Judges 1200!. each, exclu- 
 five of 400!. for the two circuitSj with the other 
 ancient fees infeparably annexed to thofe offices. 
 There was a fee, firiall in itfelf but valuable, which 
 refulted from Civil Bills, a fpecies of fuit entirely 
 unknown in England : here a fhilling was given to 
 each Judge on a decree or difmifs, and taxed againft 
 the lofing party. This profit was to be diverted into 
 another courfe, and I pointed out fuch an alteration 
 fome years before the year 1796, in the letters of 
 William RujJelL " Since the neglect of county courts, 
 the jurifdiclion and practice of (Quarter Sellions 
 mould be better fupported ; thereby juftice would 
 be brought home to the fubjecl, and more frequent- 
 ly, Civil Bills may be determined there, with an ap- 
 peal to the Judge of Affize ; poor men cannot beat- 
 delay, and dealing principally with each other, have 
 but tottering fecurity. To effect this plan, a Bar* 
 rifler mould be appointed to prefide as in the County 
 of Dublin." Thus, men in oppofinon often throw 
 out hints which the pride of a Cabinet does not dif- 
 dain to adopt. Affiftant Barrifters were appointed^ 
 apparently in correfpondenee with the preceding 
 publication; but to complete that plan, the com- 
 mon Law Judges mud be rendered as independent in 
 
 income,
 
 KING'S INNS. 493 
 
 income, as the Statute Law had already confirmed 
 them by tenure. 
 
 Four thoufand pounds a year was aftigned to the 
 Chief Juftice of the King's Bench, and three thou- 
 fand five hundred pounds to the other Chief Judges, 
 while the puifne judges were fixed at an equal falary 
 of two thoufand five hundred pounds, which offi '. 
 cial patronage was overlooked from the great princi- 
 ple whence it arofe. Thus, if judicial integrity be 
 encouraged by the refpect which attends it, Irifhmen 
 ftill fuftain their ancient and acknowledged 
 character of being zealoufly attached to an im- 
 partial adminiftration of Law, and fmcerely de- 
 voted to its jufl interpreters. 
 
 Another incident happened about the fame time.} 
 illuftrative of the genius which governed the Soci- 
 ety of King's Inns. The old Courts were as con- 
 venient as thofe at Weftminfter ; it had, however^ 
 been thought proper to change the fituation, by a 
 New Building on the King's Inns eftate, between 
 the Public Offices. It muft add furprile to indigna- 
 tion, that a fimilar reafon did not operate to erect 
 an Hall, Chapel, and Library, where alone fucll 
 buildings could be completely and generally ufeful, 
 and by which laudable ceconomy the Society would 
 be enabled to maintain, as in the preceding century, 
 a Chaplain, to lighten (if thought expedient) the 
 expencc of Commons, and to furnifli a well chofen and 
 cxtenji-ve Library, with an indulgence of profeflional 
 charity upon a fcale fuited to the tfignity and prcfumc.. I 
 L 1 integrity
 
 494 HISTORY OF tHE 
 
 integrity of a legal eftabl foment. Even the original 
 plan of New Courts was bottomed on the intent of 
 adding buildings for the Society adjacent thereto, 
 and is ftrongly fu'ggefted in a rule of near forty 
 years (landing. 
 
 However, the New Courts were opened iri Mi- 
 chaelmas, 1796, and for tlie firft two days attracted 
 fiich an afiemblage of female youth p , beauty r , and 
 fajhion, as banifhed difcord, diftrefe, and dljhoncflj 
 from their ufual abode ; legal bitfmefs returned to the 
 common track. The preceding flight incident, fo 
 natural, in it/elf, only merits an infertion in this Hif- 
 tory for the heavy charge thereby affixed upon an 
 income lately created, and avowedly for fuch diffe- 
 rent purpofes.' The Englifh Inns of Court do not 
 feel themfelves warranted or bound to provide fervants 
 for the Judges., nor fweepers for Weftmlnfter-Hall ; to 
 the Sovereign that arrangement exclufively and irri- 
 memorially belongs ; it forms part of the dignity 
 and expence of the Royal houfliold. Nor can there 
 be any doubt, that through his Empire mihifters, 
 \vhen apprifed thereof, will remove any obftruCtion, 
 or irilroduce any meafure which tends to the propef 
 eafe of Judges, or the more regular difpatch of le- 
 gal bufmefs. No application was however made 
 in that quarter ; it muft lead to enquiry, and at all 
 events give rife to ceconomy which would fmother t 
 projected general job. 
 
 A large annual income had been accumulating in 
 ckfpite of every fanciful mifmanagement. The pro- 
 
 lent
 
 KING'S INNS. 
 
 fent fite was advertifed for fale, and it afforded no 
 Jligbt pleafantry, that a fad andfapient legal body foli- 
 cited bidders for an intereft which no perfon would 
 take off their hands for twelve thoufand guineas, 
 and architects to rent or build on ground, the title 
 of which they confidered as doubtful. At that mo- 
 ment the ftrufture of an Hall, Chapel, and Library^ 
 even at the rear of the New Courts, appeared re- 
 mote, and the romantic project of Chambers en- 
 tirely abandoned, A lively Bencher therefore faid, 
 that it would be indecent to divide among them- 
 felves the accumulated principal ; but to divert the 
 growing intereft to temporary convenience mud ex- 
 cite neither furprife nor alarm. It was therefore or- 
 dered, " That thirteen tipftajfs mould be added to 
 thofe already in office, with a falary of twenty-five 
 pounds each" A fimilar allowance was made to 
 three exifting perfons* for zfecond was provided to 
 each Chief 
 
 This unprecedented appointment refembled every in- 
 
 novation of power or jobbing, under which Ireland 
 
 has groaned. A plaufible pretext was afforded iri 
 
 -the unufual croud of every fex, age, and rank, 
 
 which feemed to ufurp the Courts for the firft and 
 
 fecond day of Term. But equal attention mould 
 
 be paid to the voluntary alTeflments and parliament- 
 
 ary taxes impofed on the junior part of the profef- 
 
 fuon, and to which Benchers did not contribute zfingle 
 
 foilling. However, the new officers were deter- 
 
 mined, by afiutning a fpirlt du corps, to juftify the 
 
 appointment. To an unneceflary activity was arl.tal 
 
 L 1 2 continual
 
 HISTORY OF THE 
 
 continual interruption, perfonal infolence, arid fre- 
 quent arrefls. 
 
 Thus, for a couple of Terms, they became 3 
 greater nuifance than what the inftitution aiTected to 
 correct; Time, ivith well applied ridicule ', has in 
 that refpect produced ample amendment ; the par- 
 ties therefore feem to underftand the motive which 
 created that eftablifhment, and ilumber on a fine- 
 cure, or confine their activity to domeftic fervitude. 
 Thefe interior fervants pointed an equal necefiity for 
 an extern job ; the hallowed precincts have therefore 
 two tipftaves to regulate the furrounding fquares, 
 by whom the cries of poverty or plays cf children may 
 be banifhed from Jlern or unfeeling minds. About 
 five hundred pounds has been thus annually funk 
 for the lail ten years, and is likely to continue for 
 the lives of the prefent poffeffors, or rather for their 
 mailers' official exiftence ; for it has been hinted, 
 that as judicial changes happen, no fuccefllon o*-' 
 the preceding fort will take place. 
 
 My bounden duty, however, requires that each 
 paft or exifting movement of the Society be fully 
 and faithfully difplayed ; befides, I am convinced 
 that this publication will contain truths overlooked 
 by ancient, and unknoivn to modern Benchers, but 
 which as men of honor they ivlll never approve* In 
 this year an ejectment was ferved for the ground on 
 which the New Courts and Record Offices ftand. 
 The order imports, that it was done merely to pre- 
 vent the operation of the Statute of Limitation ; in 
 
 my
 
 KING'S INNS. 497 
 
 my /jumble opinion an unneccjfary caution, as there can 
 be no doubt, that the Sovereign and his fervants 
 will ever, in the exercife of beneficence, or difpen- 
 fation of juftice, voluntarily convert that ancient 
 maxim of prerogative, null urn tcmpus occurrit regi, 
 into a protection of the fubjecl, 
 
 The Bench ordered the Treafurer to apprife the 
 Lord Lieutenant's Secretary of their intent and mo- 
 live. That gentleman's letter upon the occafion is 
 only memorable for one miftatement, a material one 
 in the trial of a title, if fuch an event was appre- 
 hended, and an equal deception upon the Govern- 
 ment, and ancient Society of King's Inns. The 
 grant is [hid to be from James L in fee, as a perpe- 
 tual refidence for the Benchers and their fucceffors. 
 Now the word Bencher does not occur even on the 
 books of the Society until the reign of Anne. But 
 this fmgular falfhood has been already decyphered, 
 and is only infifted upon to explain the fettled fyf- 
 tem of making an unprincipled oligarchy, dcfpctk 
 rulers, and official plunderers, whilft the legal body of 
 Ireland was to be chained to the new-modelled Bench 
 by the united link of taxation and feryitude. 
 
 About the fame time a letter came from the Lords 
 of the Treafury, to lay before them a llaternent of 
 the expenditure of the former fums iifued to the 
 Society for (lamps. A concife anfwer was given, 
 ." That the Treafurer difpofed of the money purfu- 
 ant to Statute, and was to account with the Soci- 
 ety." A miilake in both points no part of it had 
 
 been
 
 HISTORY OF THE 
 
 keen then difpofed of, and the receipt of it is not 
 yet accounted for with the Society. When I dif- 
 cufs fubfequent matter, however necefTary it may 
 be to elucidate the movements, and render authen- 
 tic this Hiftory of the King's Inns, the reader will 
 not expect a minute attention to dates, which fhall 
 (I truft) be compenfated by a clofe obfervance of 
 accuracy and truth. 
 
 The Lord Lieutenant's Secretary feems to be go- 
 verned by the Treafurer's letter, and anfwers as if 
 the fubject related to the Benchers in a feparate or 
 corporate capacity. Thirty additional Treafury 
 bills were purchafed by order of the Bench from the 
 growing accumulation in the hands of the Treafu- 
 rer. Thefe >vere the halcyon days of the Society ; 
 near thirty thoufand pounds capital, in defpite of 
 an ufelefs annual rent of 1 164!. and a wafte of its 
 perfonal property to an indifputable amount of 
 twelve thoufand pounds. Taxes only affected an 
 entry into either profellion, and were paid by pa- 
 rents, or by the parties, with almoft as much plea- 
 fure as marriage licences are purchafed by youtbfid 
 courtiers* 
 
 The Bar certainly broke down the Charter and 
 its accompanying Statute, but extended not their 
 difcuflion or aftive interference to any interior con- 
 cern, whereby new rules were promulged and af- 
 fented to, in no manner variant from the old flock, 
 except in legal exercifes ; for expence, delay, and in- 
 terference equally dillinguifhed the exiting code. 
 
 Proud
 
 KING'S INNS. 499 
 
 Proud in an encreafmg income, the Society then 
 refembled this kingdom as it flood in 1753 an un- 
 difpofed furplus in their Exchequer ', 'with no exi/ling 
 funded or unfunded debt. Similar policy feemed alfo 
 neceflary to complete the companion, which has 
 been already effectuated by unmceffary grants and /'//- 
 confidered expenditure* 
 
 The reader need not, however, fear that the na- 
 tion, or Society of King's Inns, will, for a long 
 period, be able to exhibit a fnnilar account : fea- 
 {bns of profpcrity and danger give equal diftinction 
 to public flations. As the Benchers feern to have 
 patted the former line, they fhould exercife patience, 
 integrity, and unbending firmnefs, in counteracting 
 the prefent depreffion, and difpenfing to the pro- 
 feffion the intended benefits of Royal bounty, and 
 parliamentary wifdom, 
 
 Allured by the found of reviving confequence 
 and furrounding affluence, the father of the Bench 
 breaks through the fcreen of retirement, and writes 
 to the Treafurer to know whether he was a Mem- 
 ber or Bencher, flating, that a letter, mentioning 
 that he had been elected, was wrote to him about 
 thirty years before, by the Steward of the King's 
 Inns. There was no miftake in the preceding (late- 
 ment, but what the reader will naturally excuie in 
 a man confiderably advanced in life ; he was in fact 
 forty years, and not* thirty a Bencher of the King's 
 
 Inns,
 
 50O HISTORY OF THE 
 
 Inns, and marked as fuch on the Roll, and in Wat- 
 ion's Almanack. 
 
 The Treafurer laid the letter before the Bench, 
 and withal informed them, that fearch had been 
 made into the books, and no entry found of his 
 Lordfhip's admiffion, though the books ftate the 
 reverfe, and even the Charter recognifes him as a 
 Bencher.. The hiftorian of cotemporary fads is oc- 
 cafionally fhook from proper vigour by the partiali- 
 ties of acquaintance. In this inftance I cannot ac- 
 quit the Bench from an intended fraud, but by an, 
 imputation of fixed ignorance, or inadvertent mil- 
 take. Lord Clanbraffil was elected in the year 
 1757, under the title of Lord Limerick. It was the 
 cuftom to elecl: leading officers in every Court 
 Benchers, and was not difcontinued in this cafe. 
 But an acknowledgment of error often hurts official 
 pride, and may lead to further enquiry. That in- 
 novation by which the number of Benchers was li- 
 mited to 45, would thus appear irregular, as Lords, 
 Brillol and Howth Hood in a fimilar fnuation, of 
 whom no notice was taken in the preceding mode oi* 
 election, nor even in the Charter. 
 
 The reader mud determine which meafure led to 
 the preceding unwarranted anfvver. The Treafurer 
 was Squire to Lord Clanbraffil on that nobleman's 
 inftallation as a Knight of St. Patrick, but feerns to 
 have forgot the fixed duty of chivalrous ftation in 
 not recognifing, with precifion, the ieveral titles of 
 his principal. This year is remarked by a new ac- 
 cident
 
 KING'S INNS. 501 
 
 cident which interrupted Commons. The Hall in. 
 Townfend-ftreet became overflown with water, and 
 was utterly unfit for the accommodation of Mem- 
 bers. Students were to pay one guinea each Term, 
 as a compofition, until Commons were re-aflumed. 
 There was no neceflity for this paltry tax, nor did 
 becoming fairnefs mark the payment ; attendance 
 would not be more expenfive. However, the young 
 gentlemen were relieved from a perfonal mufler, fo 
 gravely infilled upon by the rule of 1782. 
 
 Early in 1/98, fome Barrifters memorialled to 
 have their depofit for Chambers refunded, as they 
 underftood the building of Inns of Court was aban- 
 doned or fufpended for an indefinite time. It feems 
 the Bench did not at that time conceive a rule fimi- 
 lar to what a later moment difpenfed to an afflicted 
 widow ; that the rule of payment was abfolute, and 
 the fubiequent allowance of the principal an encou- 
 ragement to taking or building Chambers. My 
 motive for exhibiting a contraft of decifion within a 
 ihort period, is to roufe the Bench to an entire re- 
 vifion of the fyftem introduced within feventeen 
 years. Let wifdom uphold what is warranted by 
 integrity, and correfpondent to the legal fyftem or 
 conftkutional connexion of both kingdoms, whilft 
 it covers with becoming oblivion cotemporary no- 
 velties of intereft or ambition. 
 
 The preceding remonftrance difpenfed to legal 
 rulers a iimilar principle to what political oppofuion 
 frequently infufes into Government j it rouied them 
 
 from
 
 j$O2 JHISTORY OF THJE 
 
 from torpid inactivity, and enforced an order of the 
 day. It was then refolved, " That the Bench would 
 immediately endeavour to obtain an Aft of Parlia- 
 ment, empowering the proper parties to demife the 
 prefent fite, now in the pofleflion of the Society, for 
 ever, and that the fame being obtained, the Society 
 will proceed to build upon the fame ground." 
 
 This rule gave to the Irifh Statute Book the mod 
 original compofition which marks that fingular com- 
 pilation. The only confolation which a writer feels 
 for the fatigue and dullnefs of a lengthened review, 
 i$ the interfperfion of decifions refponfive to patriot- 
 ifm, and dire&ed to animate the literary exertions 
 of a rifing nation. The Bench generoufly voted a 
 large fubfcription to the widow of a deceafed Bar- 
 rider, for an ufeful practical book. It may aid the de- 
 fetts of memory -, but could not give to men of fcience 
 added information. However, laudable induflry and 
 extenfive talent were thereby exhibited, yith which, 
 in my humble opinion, amiablenefs of manners and 
 integrity of character marked its refpeclted author. 
 On the fame aufpicious day it was ordered, " That 
 a fum of 5000!. that is to fay, 2000!. in cafli, and 
 30 Treafury bills, of loci, each, be_ paid by' the 
 Treafurer to the Teller of the Exchequer, as the 
 voluntary contribution of this Society, to the de- 
 fence of the country at this important crifis. 
 
 Though the preceding vote patted the Bench with 
 apparent unanimity, fome of that body gave it in- 
 ternal oppofition, and have repeatedly lamented to 
 
 me
 
 KING'S INNS. 
 
 me this mtfdirs&hn of money from its original object. 
 As perfonalrefpecl or private friendfhip has not ( thank 
 Heaven !) hitherto warped my public opinion, the 
 reader fhall know mine without attempting to feduce 
 him into a fimilitude of fentiment. I admit that 
 the juft jealoufy which animated our anceftors 
 againft the projected and practical defpotifm of the 
 Stuarts would feel ajarm at the fupport of thp 
 executive power, without the confent of Parliament. 
 Exclufive of the altered manners which at each pe- 
 riod guide.d or governed Prince and People, this vo- 
 luntary contribution was fubject to fenatorial con- 
 trol ; the meafure can therefore be juftiried by the 
 conftitutional right which Britifh fubjects mould feel 
 of difpenfing property againfl foreign or domeftic 
 foes, with legal pleafure. 
 
 The juft jealoufy of patriotifm need not appre- 
 hend that fuch excefs will ever lead a defigning Mi- 
 m'fter or mifguided Monarch to alfume independent 
 power ; courtly minions may ftrengthen tyrannic 
 fchemes, or promote perfonal intereil at the expence 
 of the public purfe ; but a brave, a free, and en- 
 lightened people, will not exhauft the exuberance 
 of hereditary income, or laborious induftry in up- 
 holding the traitorous traffic ; befides, nothing can 
 fhew more ftrongly to furrounding nations internal 
 concord, or acquiefcence under necelfary taxes, than 
 fuch an occafwnal burJL Under thele impreffions, 
 let me only add, that if every milling voted by the 
 pociety for the laft ten years extended to fuch a na- 
 tional
 
 504 HISTORY OF THE 
 
 tional purpofe, the expenditure fhould meet my 
 livable approbation and warme/tfupport. 
 
 There was a tolerable attendance at Commons s 
 even under the preceding difcouragement, but aged 
 Practicers gave it no countenance j nor was its con- 
 venience felt in fuch a manner as to provoke from 
 any part of the profeffion' a folicitation for its re- 
 eftablifhment. As a furrender of the premifcs in 
 Townfend-ftreet had been given, a homeftall was 
 neceflary for the books and furniture. The Bench 
 therefore ordered, " That a temporary building be 
 erefted on the prefent fite, for the accommodation 
 of the Society." Whatever faults may be juftly 
 found with the Treasurer's former plan, this erec- 
 tion unites fo much convenience with ceccnomy, as 
 to prove (if it needed any) that corruption and dif- 
 honefty prevented the revived eftablimment from 
 being fixed on the ancient eftate of the Society, and 
 that eight or ten thoufand pounds would execute it 
 pn a proper fcale. 
 
 The daily view of this temporary Hall, whilfl it 
 gave to the man of honor, who felt for his country or 
 profeffion, blended fentiments of furprife and indig- 
 nation, alfo infufed a general delire to expend an 
 heavy fyliem of taxation, and an extorted depofit 
 on fuitable and lading improvements. In Michael- 
 mas Term the names of five Members were flruck 
 off the Society's Rolls in the following words : 
 " They and each of them being of a feditious and 
 traitorous fociety of men 3 ftyling themfelves United 
 
 Irimmen,
 
 KING'S IK. 
 
 Irifhmen, and having confefied themfelves guilty of 
 high treafon." No perfon can be furprifed at the 
 expulfion of felf-attainted traitors. It is, however, 
 the duty of a loyal fubject to prevent their mode of 
 fentence from giving a wound by a King's Inns pre- 
 cedent, to conftitutional freedom. From the laxity 
 of the preceding words, poftefity may doubt whe- 
 ther the expulfion was not founded on a proof, or 
 even fufpicion, of feditious practices ; by which 
 principle, in turbulent times, the minions of def- 
 potifm or anarchy may overwhelm thofe moderate 
 and unafiuming fellow-fubjects, who, with well- 
 balanced integrity, preferve the equilibrium of a 
 mixed government. 
 
 A Member of the legal body may be thereby fub- 
 ject .to amotion for political connexions or writings, 
 not only innocent in themfelves, but which may re- 
 fult from dignified difmtereflednefs, and enlightened 
 patriotifm. If innovation, fuited to the vicious mo- 
 ment, or the preceding practice, degraded Englifh 
 Inns of Court, the champions of King William 
 would be thus treated for refilling the tyranny of 
 Charles^ or ridiculing \\~\Qfuperflition of James. Were 
 this a doubtful conjecture, the mandate which eject- 
 ed Locke from Oxford forms a decifive proof. The 
 expelled Members made a confefiion of treafon, on 
 condition of banifliment and pardon. To expunge 
 fuch names from a legal lifl v. r as the natural confe- 
 quence. Craft, however, fcizcd on that act as a 
 fit moment to fanclify \viih an holy mantle exten five 
 and ufurped authority. Acknowledged traitors lay 
 
 at
 
 HISTOP..Y OF THE 
 
 at their feet ; to make their punifliment an mf!rui 
 rnent of dominion over independent loyalift-s 
 was the concealed defign ; otherwife an unproved 
 charge of fedition would not be added, by legal fur- 
 f) to the acknowledged guilt of treafon. 
 
 Though I fmcerely hope and confidently antici- 
 pate that King's Inns Rolls will be, for fucceeding 
 centuries, as free from fimilar ftains as they were 
 from the revival in 1607, to the dece"afe of Lord 
 LifFord ; yet the chief end of this publication is to 
 roufe Irifh Pra&icers to a fenfe of perfonal dignity, 
 and the lading benefit of pofterity. Unaided by 
 that great prop, the voice of an individual will have 
 as little effect as a whifper in the midft of an hurri- 
 cane. Flattery does not impute to them feelings of 
 uncommon honor or extravagant integrity, but le- 
 gal liberty is the fubjecYs nobleft inheritance, and 
 ought to be fupported by civil wifdom, and, if ne- 
 ceflfary, by warlike courage. In that refpect our 
 profeffion is bound to take a lead, and manifeit a 
 due refpecl: for national freedom, by upholding inte- 
 rior independence. 
 
 Preceding pages have fatisfied the reader with 
 what caution power is to be intruded to early ac- 
 quaintance or intimate friends. In an ordinary cor- 
 poration mifmanagement gave hereditary influence, 
 and led to parliamentary fituation. Such can, how- 
 ever, never exift in the legal body ; the mod crafty 
 tyrant whom King's Inns annals exhibit, well knew 
 the uncertainty of official influence, and that no ac- 
 
 cident
 
 KING'S INN 3. 
 
 fcident could transfer it as a family inheritance ; the 
 proper legal path is therefore fafe, eafy, and honor- 
 able. Difmterefted conduct, even when de- 
 feated, fecures perfonal refpect ; and when fuccefs- 
 ful, obtains unpurchafed influence. 
 
 The fucceeding year appears nearly a blank in the 
 legal and national hiftory, but was followed by a 
 feafon peculiarly memorable for an enadment of the 
 Unlon^ and the foundation of the Kings Inns Hall and 
 Library. On the 231! January, a Committee of fix 
 was appointed for that important purpofe. Thtf 
 Treafurer was ordered to write to two refpectable. 
 architects, who were faid txrhave made defigns for 
 faid buildings, to fend them to his office. A third 
 alfo fent in defigns, After fo many miftakes and 
 mifmanagements, which a painful, but becoming 
 reverence for truth, has obliged me to decypher, 
 the reader will anticipate with what cautious inte- 
 grity an irrevocable meafure ought to be planned, 
 forwarded, and executed. 
 
 The firft obvious ftep would be to encourage zt 
 rivalfhip between architects, by advertifing for de- 
 figns fuitable to the finances of the Society, and the 
 fituation of the ground ; next, to have the refpec- 
 tive merits afcertained in the mod unfufpicious man- 
 ner. Nor could it be ill-fuited to the acknowledged 
 gravity and prefumed integrity of the Bench, it" 
 fuch models were for fome time, previous to final 
 approbation, publicly hung up for the infpection of 
 all legal Practicers. There may be, by ufage, a 
 
 monopoly
 
 50$ HISTORY OF THE 
 
 monopoly of interior management, but it muft ex- 
 ceed the ordinary currency even of legal fiction to 
 fuppofe a felf-chofen body pofiefled of the like title 
 to tafte, genius, and learning ; but in the preceding 
 inftances, the whole legal body and architects were 
 treated with equal neglect. The former were left 
 totally in the dark, and the latter entirely ignorant 
 of the circumftances attending the apparent fite, the 
 exifling funds, or growing refources of the Society, 
 
 However, under the preceding want of correct 
 arrangement, a report from the Committee was 
 made to the Bench upon the 1 3th of June, in the 
 following Terms : " That they had examined cer- 
 tain plans and elevations laid before them by James 
 Gandon, architect ; that they approved of the fame, 
 and recommended that the faid buildings mould be 
 carried into execution with all convenient fpeed." 
 Which report was then confirmed and agreed to, 
 As no premium was given to difappointed candi- 
 dates, nor their defigns even reviewed, the reader 
 will naturally conceive that the approbation was 
 preconcerted, and the Society of Benchers gravely 
 alfembled to fan&ify fuch refolution. The report of 
 the Committee conclusively afcertains that important 
 facl: ; nor was the prefent refpeclable architect fully 
 informed on the preceding indifpenfible fubjefts, 
 whereby a princely ftruclure has been planned, dif- 
 proportioned to necefiary ufe, and fuperior to any 
 expenditure which the income of the Society could 
 fuggeft or warrant. Whether that concealment was 
 premeditated or accidental, the error was extremely 
 
 natural.
 
 KIKG'S INNS. 5-09 
 
 iiatural. An univerfal opinion prevailed, that 
 where fo much money was vifibly mifapplied, the 
 income muft be great, and capable of immediate in- 
 
 creafe. 
 
 Many perfons of high political rank and general in- 
 formation frequently apply to me for an explanation 
 t>f its rife, progrefs, and prefent pofition ; I could 
 therefore offer to th_> public an ample and original 
 excufe for this publication, in a defire thus to rcleafe 
 myfelffrom further folicitation upon that head. The 
 reader already knows that the front of the Primate's 
 garden, which extends to GlafTmainoge road, is not 
 entirely in the Society's poffeflion ; fome part of it 
 is even held by a tenure^ with a covenant for re- 
 newal, and which the Aft of Parliament renders ra- 
 ther more firm, as there is no further apparent ne- 
 ceffity for the immediate tenants obtaining new leafej 
 from the Dean and Chapter, 
 
 The complete weflern front, which bounds the 
 mod northerly houfe, may be opened whenever it 
 Is thought neceflary to give an approach to the ncvr 
 Hall, in which it is intended to keep Commons' 
 during the enfuing Michaelmas Term. The lower 
 part of the fame front, adjoining the Linen-hall, is 
 alfo in the immediate poffeflion of the Society, and 
 may be opened in a fimilar manner. The interme- 
 diate part has two divilions ; one held by the pre- 
 ceding perpetual tenure the other at the will of th-j 
 Society : the portion in their power is thus ren- 
 dered ufelcfs for the intended original purpoie. It 
 M m is
 
 5'0 .HISTORY OF IKE 
 
 is much enfigr to defcribe the weftern front of Lord 
 Mou'ntjoy's ground, as no part of it belongs to tlie 
 Society. The time to acquire either portion on a~ 
 reafonable valuation,- was from 1794 to 1798, and 
 not at the prefent moment, when imperious neceffiry 
 feeins to demand it for a removal of that deformity 
 which muff ever attend trie prefent Hall and Library, 
 \vhilft fuch buildings are confined in front to th<J 
 
 O 
 
 ground now belonging to the Society. 
 
 The Treafurer was adverfe to the appointment of 
 Mr. Gandon, and needed no inftruclion from the 
 keeneft ftatefman how to render enquiries from fuch 
 a man, fo far troublefome, as to make the informa- 
 tion incomplete. The fituation of the weftern fide 
 was entirely unknown to the architect, who con- 
 ceived it to belong to the Society, or to be reducible 
 to immediate pofTefTion by the nature of its tenancy. 
 Under this impreflion the front has been moved 
 fo far to the weft ward, as to approach within a few 
 yards of cbw-houles, a Racket Court, and a few 
 obfcufe terrementSj inhabited by the poorefl clafs of 
 people. 
 
 Let not the reader precipitately hop>e that they 
 will, upon that account, be purchafed with the 
 greater eafe ; -the wealthy owners permit fuch a 
 tenantry to occupy thefe mean manfions, that they 
 may be ever ready to meet the Society's offer, and 
 difpofe thereof upon extravagant terms. This has 
 been already fo fully felt, that the Bench have re- 
 folved to fufperid any intention of fuch purchafe un- 
 til
 
 Ktxc's INNS. j;tt 
 
 til the three remaining fides of the fquare are built 
 upon, and completely fmifhed. Under the prefent 
 ifefources, and that extenfive project already pro- 
 pofed, the preceding order nearly amounts to a le- 
 gal adjournment fine die. If the acquired fituation 
 needs any added circumftince to mark its inconve- 
 nient avenues, I unhefitatingly declare that the 
 weftern front will receive no material benefit from 
 a completion of this plan. It is a part of my pre- 
 fcribed duty to unite, with accuracy of fact, well- 
 founded comments of explanation or excufe, and 
 with equal firmnefs to meafure criticifin or cenfure 
 where truth or honor provoke the remark. 
 
 In this entire bufmefs Mr. Gandon's conduct is 
 not merely faultlefs, but intituled to approbation* 
 The Bench already knew that he could frame a de- 
 fign "upon a confined and convenient fyftem, as he 
 has in the prefent inftance upon a great and magni- 
 ficent fcale. A plan for an Hall and Library, with 
 correfpondent offices, remains among their archives, 
 and equally exhibits his attention to proper orders, 
 and to meet the known refoufces of the Society. 
 That gentleman has alfo furnifhed different fchemes 
 fuited to the exifHng ftate of their ground. One 
 can be circumfcribed in fuch a manner, as to ex- 
 clude the entire weftern front, except in a necefiary 
 open which is fortunately within the Society's pow- 
 er ; the other forms a fquare, one fide of which 
 will have for its boundary Glafifmainoge road j within 
 either defign houfes of a finaller or larger dimenfiou 
 can be uniformly built. 
 
 M m 2 An
 
 HISTORY OF THE 
 
 An oblong inclofure, including the weftern front? 
 may be built round the New King's Inns, which will 
 contain twenty-two houfes, and form an elegant in- 
 terior of 497 f eet by 22 4 > eacn hcmle may be fifty- 
 three feet eight inches in front, by thirty-feven feet 
 iix inches, and from three to four (lories high, with 
 apartments under ground. This plan gives fix rooms 
 on each floor ; the landing leads to a final 1 lobby, a 
 door from which enclofes three apartments. The 
 above houfes will have rears. But if the adopted 
 plan be to build Chambers without fuch conve- 
 niences, nine additional houfes may be erected on 
 the fouth and north fides. Should Glaffmainoge 
 road be entirely excluded from the intended inte- 
 rior, an iron railing is to form the wcftern boun- 
 dary. 
 
 A plan of one houfe has been given in, and is 
 eflimated to be built for five thoufand five hundred 
 pounds ; thus, one hundred and twenty one thoufand 
 pounds would be requifite to build the fquare. 
 
 Let me now flate the probable convenience re- 
 fulting from this proud improvement. Allowing a 
 floor to two legal Practicers, whether working in 
 feparate fituations, or by couples ; one hundred and 
 feventy-fix perfons Would meet accommodation. A 
 building interefl of eight per centutn for the money 
 expended is not held unreafonable ; eacli houfe 
 would, under a continual tenancy, pay an annual 
 rent of four hundred and forty pounds, and leave 
 each fioor at an average of one hundred and ten 
 
 pound*,-
 
 KIXG'S INKS. 513 
 
 pounds, to which one or two perfons (as the cafe 
 may be) would be fubjeft. 
 
 Now let the reader meafure by the price of lodg- 
 ings through this town, the eagernefe with which 
 a young Barriller or Attorney would take two un- 
 furnifhed reception rooms and a bed-room at nearly 
 fifty guineas a year. The under ground apartments 
 would form a fcanty partition for four or eight fer- 
 vants. If the preceding fituation does not deter 
 married perfons, they mud at lead be allowed a 
 larger fuit of apartments. But families may ob- 
 tain an houfe in the town for lefs than two floors, 
 or two hundred and twenty pounds a year,y/<7V7///W, 
 its taxes paid, and without a fne. Poffibly the old 
 Treafurer's well-known artillery and explu>ftve ma- 
 nufafture could not diffipate the eftablifhment with 
 more certainty than the preceding concife detail, 
 
 Let fancy, however, take its wilJefl fling, a'id 
 fuppofe, by the adoption of a mofl extravagant le- 
 gal ficlion, the Tquare completed, and its apartments 
 equally divided between grateful hiifbands and lively 
 bachelors. The regular fite and eftablifhrnent .f 
 each clafs may frequently interrupt focial harmony 
 or domeflic eafe ; the fquare would become a per- 
 fect barrack, without the efficacy of military autho- 
 rity to fuperintend or control it. This intended go- 
 vernment gave rife to the- Charter, by which rcli- 
 dent Benchers, in legal retirement, may enjoy that 
 defpotifm (within the precinft) fo palatable to molt 
 jnen, but of which ths Law fo cruelly deprives 
 
 them.
 
 5H HISTORY OF T.HE 
 
 them. If the ground be advertifed for common 
 builders, the rate muft be fo moderate as to allow 
 reafonable profit, and yet induce fuch fpeculators to 
 fubmitto covenants prefervative of uniformity, and 
 to fee lire the houfes to profefiional men. 
 
 The ufual collegiate care of the buildings mud be 
 taken into confideration. After all this exhaujl of 
 time and cxpencc, it mult be admitted that an Hall, 
 Chapel, and Library, are alone proper or neceflary j 
 let,lhe ground be therefore difpofed of in buildings 
 of forne fort at the leaft poflible lofs, referving but 
 a fuiFicient Ate for a King's Inns Chapel, in which a 
 clergyman of the eitablifhed Church may officiate 
 for the Society, as its Chaplain or Preacher. Were 
 the idea new, it merits countenance ; but fuch ap- 
 pointment exifled in the reign of James I. ; even 
 Cromwell's government revived it, notwithstanding 
 the variety of fefts which at that time ftruggled for 
 civil and fpiritiial dominion. 
 
 This ufeful and honorable meafure, equally due 
 to Religion and Law, ought to be untarnifhed by a 
 fpirit of jobbing. When the reader confiders what 
 honor the legal body in England has derived from 
 the lettered character of their Chaplains or Preach- 
 ers, and how ftrongly thefa'cction of UJhsr difplays a 
 fimilar zele in the revivers of -the King's Inns, he 
 muft join with me in an humble hope, that becom- 
 ing caution may mark the election, and thereby 
 {tamp the flation as an unerring reward to diilin- 
 
 guifhc4
 
 KING'S INNS. 515 
 
 gui-flied clerical talent, and a certain paflport to 
 higher promotion, 
 
 I fear that the reader may feel uneafy at the in- 
 tended expenditure, if an hard bargain was not at 
 leafl moulded into a good title. An Act of Parlia- 
 ment was folicited on .behalf of the Society, and 
 obtained by an added annual rent of fifty pounds, 
 and at an expence of fix hundred pounds. Every 
 rno.vemeij.t of the King's Inns, for the lafl fifteen, 
 years, is .pregnant with pleaiantry or \vifdom ; if 
 leading principles of Law are not thereby illuftrated, 
 petty points of practice are constantly inculcated - 9 
 even the claufes of this Statute extend beyond their 
 profeffed object. Modern Benchers recognife the 
 ancient Profeffors of Law as the known name under 
 which the Tudors and the Stuarts made their feveral 
 grants ; then flate all the ancient fite to be difpofed, 
 (not faying it was by themfelves-or their predeceffors) 
 and that it will be equally convenient ("which no man 
 can believe) to erect buildings on this devoted foil. 
 
 The Dean and Chapter received for the Pri- 
 mate's garden and Lord Mountjoy's ground about 
 twenty-feven pounds annual rent, with a leafe of 
 about 36 or 37 years againft them : for confenting 
 to convert fuch a revtrfion into a perpetuity, no lefs 
 than 205!. yearly is to be paid by the Society. The 
 Dominicans in ancient time would not be Jo impru- 
 dent as their legal fucceflbrs. It is true, the Soci- 
 ety's intermediate landlords make an abatement ; 
 two for the Primate's garden, 20!. each; one 
 
 from
 
 HISTORY OF THE 
 
 from a referved annual rent of 400!. ; the other 
 frsm 22ol. ; Lord Mount joy about Sol. from about 
 five hundred pounds yearly. Thefe fuccefsful adven- 
 turers were extremely right to convert the King's 
 Inns rent into a perpetuity ; for inftance, if Lord 
 Mountjoy's immediate landlord declined to renew, 
 or if the Dean and Chapter raifed the renewal in a 
 proportion to the known rent paid for the premifes 
 by its occupycr, the King's Inns Society, it might not 
 be worth his attention to fwallow a trifling profit in 
 that exorbitant charge. 
 
 Lord Mountjoy's intereft would thus lapfe, and re- 
 leafehis tenant from an annual lofs of four hundred 
 and fifty pounds. The reader can amufe himfelf with a 
 fimilar calculation for the Primate's garden, and 
 charge the united mifchief to the account of the an- 
 cient Society of King's 'Inns. The concluding fectioii 
 gives to the Society the privilege of managing the 
 fubfeq:icnt buildings, and all dealings relative thereto, 
 by tbe legal name of Society of King's Inns. 
 
 This removes all doubt (if there was any) as to 
 the corporate pofition fo often pretended to, and 
 craftily afuuncd. It is furprifing that an awkward- 
 r.ei's did not ftrike feme peribns at enrolling the 
 mode of k-afe. To the Treafurer of a voluntary 
 afibciation in trufl for the fame, if it was not legal, 
 the reader may conceive it the eilect of fimplicity or 
 perfcnal honor. When fryars, the old proprietors, 
 evaded the I aw, they were refilled by Statute; Bar- 
 lifters, their fuccefiors, folicit a fimilar authority to 
 
 fanclify
 
 KING'S INNS. 
 
 fanftify errors, and perpetuate the evil effefts. At 
 the moment of palling this Act of Parliament, 
 twenty thoufand pounds was loft by the bargain, 
 and an encouragement given thereby of doubling 
 the injury, by ill-confidered or expenfive erections. 
 
 The Dean and Chapter were perfectly right in 
 meafuring the value of their ground by the rent of 
 an occupying tenant ; nor could fo great a facrifice 
 of felf-love be hoped, as that the parries concerned 
 in taking the leafe mould inform their landlords of 
 the groi's and fingular overcharge in the rent, and 
 that the premifes were not truly worth two hundred 
 pounds a year, or under the bed poffible improve- 
 ments, above 400!. The Members of King's Inns 
 at large leeni, during the entire tranfadion, to be 
 held in a Mate of vafialage or minority, and in that 
 refpet to referable haplefs wards under feudal tyran- 
 ny, or during the old fornnolent quiefcence of our 
 Irifh Chancery ; but the benefit refulting from a 
 voluntary aflbciation can be refigned with indifference 
 or contempt, whilft the plunder of real or perfon- 
 al property enfures diftrefs through life. 
 
 The period now approached when the legiilation 
 of this country was rendered one and the fame with 
 that of Great Britain. Irifh flatefmen expected 
 tranfplantation, and modelHy hoped to extend their 
 politic protection and habitual couiiiels to Great 
 Britain. In this ardent ambition they had obitacles 
 to encounter, which' nothing but the illufions of 
 felf-love, feconded by oiiicial preemption, could 
 
 enable
 
 HISTORY OF THE 
 
 enable them to overlook. The pride of the higher ? 
 and prejudices of the lower claffes, in the filler 
 kingdom, forbade even Iri/Jj ajjurance to take that 
 itation, or obtain an afcendancy in imperial coun- 
 fels. Thefe preparatory fymptoms, however, led to 
 the foundation of the New King's Inns, 
 
 The floating mirror was proclaimed ftationary, and 
 jlhe new fite dillinguifhed by a fingular and expen- 
 sive ftruclure. The firft ftone \vas laid upon thq 
 firft of August, iSco; a day rendered grateful to 
 Irifhmen by the acceflion of a line of Princes equally 
 diflinguimed for perfonal courage and political inte- 
 grity : it has alfo become memorable in legal an- 
 nals by the preceding event, and an enactment of 
 the Union. This year does not refemble the year 
 1799 in a barrennefs of juridical events; the part- 
 ing wifdotn of Irifii legiilation expended itfelf in the 
 difficult and contradictory pofition of fenatorial an4 
 diplomatic talent, 
 
 Tlie model of Scotch union did not bound the ar- 
 dent and active invention of Irifli flatefmen. In that 
 refpecl: our Law may be exhibited, againft its pro- 
 totype, as nearly a complete contrafr. The entire 
 arrangement left Britifli fellow-fubjects in their for- 
 mer fituation, whilft in this country it worked a ra- 
 dical change ; even the preparatory fymptoms au- 
 gured moft important events. As if imperial legif- 
 lation could not be confided in, new laws fupplied 
 imagined improvements, or removed exifting de- 
 fects. Thus, a new court of error, an original
 
 KING S INKS. 
 
 laard of compcnfation, and a variety of fubordinatc 
 tribunals, were eftablifhed ; the legal reader thereby 
 enjoys important fubjefts for companion or review. . 
 
 That refearch will, however, only qualify him, 
 for an extenfive difcuffion on the taxes, refources, 
 raw mater lah) and fnifocd manufactures of each ijland; 
 on a perfect knowledge of which, their vital inte- 
 reft and permanent connexion depend. Members 
 of the King's Inns may, in that wide field, mark 
 their characters as fiatefmen, and exert fuch enlight- 
 ened efforts in defence of the country. The Eng- 
 lifh Bar is fmothered by a furrounding fuperiority of 
 ftate talent, and therefore wifely pins its fame and 
 fortune on profeflional purfuit. Ireland afforded a 
 different fchool, and in every period poured from 
 the Society of King's Inns its mofl eminent ftatef- 
 men ; whether armed with official power, fortifie4 
 in oppofition armour, or in dignified retirement 
 planning more impartial and permanent benefits for 
 the community, 
 
 This nation was entrufted to the general guar 
 dianfhip of an imperial Parliament in 1801. Pre- 
 fuming (as it becomes me) Irifli Unioniils fmcere in 
 their political creed, and happy in its enlargement, 
 as a meafure which difpenfes equal and permanent 
 benefits to both lilands, I can vouch for the follow- 
 ing general fentiment among the opponents of that 
 meafure : That the adive exertions of Britilh Se- 
 nators, in Irilh affairs, will form the great balm to 
 Jieal and eradicate their ftrong difcontent f What ! 
 
 M
 
 HIST;J?.V OF THE 
 
 /hall the enlightened guardians of Britifh freedom 
 review with genius and capacity the diverfified con- 
 cerns of a great empire, from its moft extended 
 interefts to the minuted detail, and affect indiffe- 
 rence or ignorance when Ireland or the date of its 
 inhabitants forms a fubject for debate ? If a fearlefs 
 and faithful difplay of native legal eftablifoment has 
 been iincerely devoted to the common interefl of 
 both kingdoms, and their perpetual connexion, I 
 am intituled to excufe for the following impartial 
 opinion : That the moft foftening feature of the 
 Union, and its only palliative in the eyes of difmter- 
 efted men, will be the active exertion and common 
 intereft affumed by Britifli Senators in the internal 
 management cr ftatutable improvement of Ireland. 
 
 On the latter point I can allure unprofeffional 
 readers, that legiflative provifions have been already 
 enacted in favour of this country, hoflile to our 
 degraded ariftocracy^ and that fettled fyftem of cor- 
 ruption, which it was their private intereft tofupport. 
 As the firft effect of fuch attention was extended to 
 confer a lading benefit on the King's Inns, I con- 
 ceive it an aufpicious omen towards the progrefs of 
 our neceflary works,' and truft that Parliament will 
 immediately enable Government to difcharge its juit 
 debt to the Society of King's Inns for their eftate, 
 now occupied by the Four Courts and Public Offices. 
 The erection has been permitted at the defire of 
 Government, and the national faith is pledged for 
 a recompence ; nor can any difburfement be more 
 popular, as the expenditure will not only be within
 
 KING'S INNS. 521 
 
 the kingdom, but directed to its lading benefit. 
 Such, however, is my confidence in the benignity 
 of our Sovereign, and the wifdom of Parliament, 
 that if the Society had no jud or acknowledged 
 claim, each would fanction this great meafure of le- 
 gal fymmetry through both kingdoms 5 which, bot- 
 tomed upon Englim practice, will give a lading ce- 
 ment to the Union, and drengthen imperial fafety 
 by the fdlutary prejudice of an equal education* 
 
 When, literary copyright was to meet equal pro- 
 tection through the united Kingdom, (in which in- 
 dance the provifions of the Union tended mod un- 
 doubtedly to an encouragement of literature, and a 
 common imperial benefit) a Law was brought into 
 Parliament for that great end. OiTicial duty and 
 profefiional zele equally impelled me to arred the 
 palling momentj and fecure (if poflible) a partial 
 but permanent iupply to the Society of King's Inns^ 
 and its new Library. Unwilling to excite jealoufy 
 among Irifh friends, by a communication to a few 
 in exclufion of othersj or the delay which a 'f oleum 
 reference to Benchers would occafion, I conveyed the 
 requed to the prefent Speaker* That refpectable gen- 
 tleman conceived it a meafure which merited imme- 
 diate fupport ; nor has his kind attention been li- 
 mited even to that lading benefit. 
 
 \yhild the M'mifter of Ireland, he added a valu- 
 able prcfent to our Library, and, fince his return to 
 England, has determined to enlarge it by books of 
 great value in the legal and conditional hi/lory of 
 
 our
 
 522 HISTORY OF TH 
 
 our empire. Such are certainly thofe compilations 
 publifhed under the authority of the Houfe of Com- 
 mons. With blended fentiments of gratitude and 
 patriotifm I avow the preceding facts as appofite to 
 my fubject, and affording a decifive proof, that Mr. 
 Abbot was the faithful guardian of Ireland before 
 he touched its more, and has continued its con- 
 cealed, but fteady friend, fince his elevation to the 
 higheft office in the power of the people to beftow. 
 The hoftile parties of this diftrafted land felt and 
 acknowledged his perfonal adminift ration as digni- 
 fied by ceconomy, integrity, and perfeverance. 
 
 Such a man was calculated to feal the Union, and 
 remove refulting difcontent, by calling into imme- 
 diate action the promifed benefit of Englifh improve- 
 ment. The Irifh nation alfo mewed itfelf deferving 
 of faithful arid upright mlnlftcf^' by the firm popula- 
 rity which was attached to fueh activity, and that 
 unaffected regret which accompanied his unlocked 
 for departure. Truth obliges me to admit that he 
 had a numerous corps of malignant and unforgiv- 
 ing foes ; jobbers, and their entire fuit ; public de- 
 faultets, with their interefted and pampered depen- 
 dants, bore him a rooted, unrelenting hatred. The 
 luftre of his public character would be incomplete, 
 if its fpirit had not provoked fuch refentment, and 
 fet the malignity of flander at defiance. 
 
 No fellow-fubjedt is more exempt than I am from 
 any official favour received through that channel ; 
 the tribute may be trifling, but flows from public- 
 feeling j
 
 KING'S INNS. 523 
 
 feeling ; for liifhmen know, that the unremitted la- 
 boufs of my life have been directed to national 
 good j and as Providence has not favoured me with 
 a fituation to render important fervices, faithful in- 
 duflry mall be exerted impartially to applaud official 
 integrity, and what is often more ufeful to drag 
 forward myfterious or preiumptuous placemen, and 
 facrifice them on the altar of public juftice. 
 
 As the King's In'ns Library has been thus confe* 
 crated to the profeffion by ftatutable notice, and the 
 flattering protection of an imperial Parliament, the 
 reader may naturally expect, from my fituation, an, 
 account of its foundation and exifting Hate. No 
 evidence appealed that a Law Library was 'at any 
 time eftablifhed in the King's Inns, nor does the Sta- 
 tute of 1782, incorporate fuch hope with that of a 
 projected Hail. As the convulfions of nature often 
 lead to ufeful difcoveries, fo the genius of jobbing 
 occafionally gives birth to a public fpirited efiablim> 
 'luent. 
 
 Mr. Juflice Robinfon died in 1787, pofleffed of 
 a large and valuable library. At that period a con- 
 fiderable annual fum accumulated in the Treafurer's 
 hands, not only without interefl, but fubject to an 
 uncertainty of re-payment* The Judge's friends 
 \vifhed toafiift'his family by an immediate purchafe. 
 The Society had alfo fome liberal and enlightened 
 Members, who looked forward, through a trifling 
 lofs, to- a great national benefit. By this united 
 ftrength, the profeflional part was fecnred, whilffc 
 fuch portion was left to his reprefentatives, as would 
 
 meet
 
 524 HISTORY OF THE 
 
 meet a profitable fale at an Irifh market. However^ 
 the collection relerved for the King's Inns, formed 
 a more general Law Library than exifted in this 
 kingdom. An excellent aflbrtment of Civil, Ca- 
 non, and Scotch Law books, compofe that felec- 
 tion, with the ufual mafs of Equity and Common 
 Law. Ccnfiderable additions have been made ; it 
 cannot, however, boaft of many fcarce or valuable 
 books ; lettered tafte has not materially corrected 
 felfifh defigns, or fuperfeded architectural extrava- 
 gance* 
 
 A complete fet of the Byzantine Hiflorians fell 
 in my way. That central arch between ancient and 
 modern hiftory has been acquired, which exhibits 
 an unfading monument to the honor of the Bourbon 
 line, who encouraged and rewarded the legal and 
 clerical tranilators, or annotators. But as public 
 repositories have their principal ufe in furnifhing the 
 ftudious with fcarce books, a valuable collection of 
 pamphlets graces the King's Inns /helves. This fpe^ 
 cies of writing is fubject to immediate deftruCtion, 
 and confidered by proprietors or readers as adapted 
 only to the fpur of an occafion, therefore undeferv- 
 ing further notice or care; Yet the prefervation of 
 thefe nervous productions, forms not merely an ob- 
 ject of literary curiofity, but national importance. 
 When meafures are fully felt by a reftive or tame 
 populace, fuch eiTays arreft the pafTmg ftorm, catch 
 the manners of men, and difcufs, with promptitude 
 and vigour, cotemporary topics. Their rancour or 
 party fpirit thus evifcerate every national fubjed 
 
 which
 
 KING'S INKS. 525 
 
 which interefls or alarms a free people. Such is their 
 hierit at the moment, whilii they prefent to pofterity 
 a diverfified model of the times, and furnifh ample 
 materials to an enlightened and philofophic hifto- 
 rian. 
 
 The King's Inns Library is furniflied With this 
 well-chofen fupply of valuable trafts, in which may 
 be feen anonymous, but unadulterated etfufions of 
 the mod eminent men, and upon every meafure 
 tohich occurred in their time, exclufive of intrinfic 
 inerit, the names of a Robin/on and Corners (who 
 were attached to fuch compofitions) entitle them to 
 the notice or perufal of a legal reader, tinder this 
 impreffion, I have difpofed the pamphlets for a par- 
 ticular catalogue, and a facility of accefs by hav- 
 ing them marked and lettered on the back. In what- 
 ever manner the wild and ill-ccnfidered fpeculation. 
 of Chambers may terminate^ {lability feems to attach 
 to the King's Inns Library, and even a gradual en- 
 Creafe under the Copyright Act, fufficient to encou- 
 rage a full completion of the original defign from 
 the funds of the Society. 
 
 A material judicial arrangement took place in this 
 year, and under a fimibr authority. For near two 
 centuries the Englifh Mafter of the Rolls has deter- 
 mined caufes, and been, in that refpeft, a collateral 
 judicial affiftant to the Lord Chancellor. In Ireland 
 no fimilar duty was performed previous to the 
 Union. That great meafure, however, led to the 
 alteration, and has in that refped operated to a. bene- 
 
 N n
 
 526 HISTORY Of' THE 
 
 ficial effect. It was conceived, that the Irifh Chan- 
 cellor would feel it neceflary, or pleafant, to fpend 
 ibme part of each Seflion hi London. The iacreafef 
 of equity bufmefs bore a proportioned correfpond- 
 ence, not merely, to improved wealth of indivi- 
 duals, but to practical fraud y and intended injuilice 
 or delay ; therefore two Courts of concurrent 
 Chancery jurifdiction were requifite to keep pace 
 with multiplied fuits, and adminifter relief here as 
 in England, 
 
 Every modern correction of Irifh adminiftratiori 
 or judicial practice, clearly exhibits ancient and in- 
 veterate abufe. The legal tenure of a Matter of 
 t'he Rolls is admitted, by the repealing Statute, td 
 be during pleafure, and the" Sovereign enabled td 
 give the new pofTefifor proper judicial permanence. 
 What a complete legiflative anfwer does this enact- 
 ment exhibit to the prefumption and tyranny with 
 which Mr. Rigbfs patent was fhielded from fenatc/- 
 rlal cenfure, or legal attack ! Similar reafons feflored 
 the office in two fubfequent grants to fhitutable pro- 
 priety parliamentary influence was fuflained there- 
 by. Thus, corruption fucceeded to barefaced pre- 
 rogative, which baneful principles illuflrate with al- 
 ternate, but unerring effect, the full features of our 
 blemiihed Conftitution. The late Duke of Leinfter 
 fucceeded to Mr. Rigby, and a Peer of both king- 
 doms dwindled into an officer of Chancery, who 
 had, however, as a predeceflbr, an Engltfh Peer, 
 Lord Berkley of Stratton. On his Grace's removal, 
 this lucrative fmecure was divided between two 
 
 Irifh
 
 KING'S INNS. 
 
 Jrifh noblemen, to whom, on this ftatutable fettle- 
 ment, adequate compenfation was given. The office* 
 thus Altered, -was conferred upon a Baron of the 
 Exchequer, whofe retreat from public ftation met 
 every poffible refpect which a learned body owed to 
 a moft accomplished brother, and to which expref- 
 fion I fubfcribe with fmcere and difmterefted re- 
 gard. 
 
 As Variations from Common Law authority mark 
 the Statute, and give added jurifdiclion to the Maf* 
 ter of the Rolls, it may be doubtful whether it 
 would not be more ufeful to fuitors, and better an* 
 fwer the ends of modern juftice, to give this great 
 officer a complete and independent judicial power, 
 with an immediate right of appeal to the Houfe of 
 Lords. Nor need this militate with his fubordinate 
 Chancery pofition in other refpects, and particularly 
 in preferving and arranging thofe national evidences, 
 of which that ancient magiftrate, and the Lord 
 Chancellor of Ireland, are the conftitutional guar* 
 dians, and fworn interpreters. 
 
 Thefe important offices are now rilled by Irifh- 
 men, whofe perfonal friendfhip is cemented by poli- 
 tical union. Similar fentiments warrant my free- 
 dom, which combines private regard with public 
 principle. Laborious induftry and legal capacity 
 may fatisfy fuitors, or the limited ambition of an 
 ordinary Equity Judge^ but the countfy exads from 
 Ponfonby and Curran more permanent fervices, and 
 extenfive duty* A fortunate moment enables them 
 N na t
 
 KiSTORY OF THE 
 
 to knit judicial fame with the law^ literature, ancf 
 improved property of Ireland.* The mutilated re- 
 cords, and infecure private or perfonal evidences, 
 imperiouHy call for an immediate, acccwate, and ex- 
 tenfive review. The arrangement and prefervation 
 of fuch invaluable materials is attached to their care 
 and control ; let me then roufe them, as by Ireland's 
 united voice, not to overlook this interefting bufmefs. 
 England and Scotland have fet the example, whilil 
 
 preceding 
 
 * A friend applied in this firft week of September, for direc- 
 tion or advice relative to an enrolment of an ancient title; the 
 Aeceffary answer was difcouraging indeed. This led to reflex- 
 ions on the ftate of exitting muniments of records ; on which 
 he informed me, that Sub^comniiffioners from England are in 
 Dublin on this important embaiTy. Thefe gentlemen may af- 
 certaia fadls, but an Iri/Kman alone can illuftrate local or native 
 records. 
 
 Many fuch are in Englifn archives, where the' fef vices o 
 preceding perfons might originate; a few are alfo in the IrifH 
 language, and would probably be as unintelligible as Plautuis' 
 Play. The Union operated with fudden and incredible effect, 
 if Englishmen feel as ardent or difinterefted /tie for the legal 
 luftre of Ireland as natives; but what is extremely Ihigulary 
 Iri/Kmen of every clafs feem to be profcribed by fuch miifion. 
 Could a new commiflion from the Crown originate in that man- 
 ner? Th*' authority of 1800 Was confined to Great Britain; it 
 even preceded the Union, and does nor ex tend to Ireland. Sub^- 
 raiilion thereto may not operate as an implied repeal of that im- 
 portant Statute, but is certainly an infalt to national honor and 
 independence. As an humble guardian of the IrifliConftitution^ 
 it would be freafon in me to overlook fuch innovation, which 
 can be eafily remedied or improved in a legal manner,- and thus 
 reflect honor on the adminhlration of Rnficlh
 
 KING'S INNS. 529 
 
 preceding neglects raufl enhance prefent exertions ; 
 nor can it be doubted, that grateful pofterity will 
 properly appreciate the enlightened deed. 
 
 As the pure adminiftration of juftice, and re- 
 fpe&ful attention to its minifters, merits public legal 
 notice, it naturally forms a part of this Hiftory. 
 Then be it remembered, that a Statute which ena- 
 fries Sheriffs to pay for the lodging of fuch Commif- 
 fioners, was enacted in this Seflion. Thefe officers 
 are to be allowed, by a certificate from the Judges, 
 fuch expence, fo it exceed not twenty pounds each 
 Affizes. 
 
 On the introduction pf circuits into this kingdom ? 
 Sheriffs, from policy, vanity, or a fenfe of duty, 
 went to an extraordinary expence in entertaining 
 Judges and their fuit. The reader has feen the 
 manner jn which that abufe was mildly corrected in 
 the reign of Charles II. much to the credit of that 
 Monarch's good fenfe, and the public fpirit of his 
 Minifters. Irifh hiftory or cuflom, when faithfully 
 related, appears like a tranfcript from an Englifh 
 record ; with fuch clofe fimilitude do the inhabi- 
 tants of each country act. under equal circumstances. 
 Let us therefore view bow this matter flood in the 
 fifter kingdom. Ilie reader muft know, that the 
 mifchief grew to fuch an height in England, pre- 
 yious to 1573, as to merit the interference of Queen. 
 Pfabeth. ' 
 
 That
 
 53 . HISTORY OF THE 
 
 That Princefs ordered her Privy Council to fend 
 a circular letter to the Sheriffs of England, ftating, 
 " That the great burden and coft of faid office, by 
 the large dyets of the Juftices of Azzize yearly in- 
 creafing, have obliged many gentlemen meet for the 
 office to make ftrong felicitations to avoid that bur- 
 den ;" and it appearing that the petitions of She- 
 riffs for fuch expence to her Majefty's Exchequer, 
 mewed that more was charged than in reafon ought 
 to be allowed. The Queen therefore determined to 
 fuflain the Judges from her coffers, and notice 
 was given, that in future Sheriffs mould forbear fur- 
 ther diet, but to affifl the Juftices fervants in all fuch 
 matters. As this mandate may lead to a neglect of 
 proper exterior fliew or real attendance, that has 
 beeij enforced by national \y;fdom ; whereas in Ire- 
 land there exifts no fuch fpecific provision, and fome 
 Sheriffs have been weak enough to think that fpecies 
 of refpeft a perfonal degradation ; as if Royal com- 
 niiflions could be well execuxfl, except every per* 
 fbn concerned therein felt an animation of loyalty 
 and good manners by a prompt difcharge. 
 
 Elifabeth's wifdom recommends and juflifies an 
 honorable and favourable ufage to Judges and their 
 train, for their painful and, careful admimftration of 
 jujllce fentiments which out to r?e engraven upon 
 every Irifh mind, and never forgot by judicial inter- 
 .preters. On the 5th of June the Trcafurer ftated, 
 tc That feveral perfons intruded into houfes 14 
 Mountrath-flreet belonging to the Society, and that 
 a cpmmunkaticn was opened at the rear of the 
 
 Court
 
 IUN.S. 531 
 
 Courts of Juflice, between the ground of the Socir 
 ety and the White Crofs Inn." Notice was ordered 
 by the Bench to be ferved on'faid feveral intruders 
 to quit the fame immediately, and if they refufe, 
 to ferve them with ejectment^. The door of com- 
 munication from the White Crofs Inn was alfo to be 
 flopped up. Subfequent filence upon that head 
 makes us prefume that obedience was paid by the 
 intruders to the preceding mandate. However, it 
 feems thofe houies were in a completely ruinous 
 ftate, fo as to warrant an apparently vacant poflef- 
 fion ; yet from the nearnefs of the Four Courts, a 
 reafonable rent may be expected. 
 
 Our new fite near Henrietta-ftreet is in truth IQ 
 remote, and utterly incapable of a general or uni- 
 form improvement, that many wife and reflecting 
 readers will conceive an enquiry ought to be made 
 whether ground, fufficient for an Hall, Chapel, and 
 Library, ftill remains near the Courts j and further, 
 In fuch cafe calmly to determine on the propriety of 
 pulling down the prefent ftructure, and applying the 
 materials on that adjacent fpot. The lofs on the 
 prefent ground muft be borne, and will probably be 
 fufficient, without adding thereto its fixed and in. 
 curable fituation. Should builders decline to take 
 it, an experiment of Chambers may even be tried, 
 which can never rife materially in value from the 
 mere propinquity of an Hall and. Library. 
 
 On the 23d January, an order afcertains that th; 
 J3.cciety had ftill fome ground at the eafl end of the
 
 532 HISTORY OF THE 
 
 Law Offices on the Inns-Quay ; for the Commit 
 fioners of Wide Streets applied to the Bench, that 
 whenever they fliould lay out that ground for build- 
 ing, it may be according to a red line laid down 
 pn the CommhTioners map, with a view to open the 
 quay between Charles-ftreet and the Four Courts. 
 The Bench moil properly complied with this re- 
 queft. If this ground remains unlet, it could not 
 be inconvenient, and affords proper fronts. Pur- 
 fuant to an order of 6th November, 1801, the 
 Treafurer made a report of falaries paid to the offi- 
 cers of the Society, and on the 23d of January., 
 1802, he was ordered to print his faid report, along 
 with an abflracT: of his accounts. 
 
 The Irifli Lord Chancellor attended the memora- 
 ble Seffion of 1 80 1, but his death took place in Ja- 
 nuary, 1802. The Britim Cabinet determined with 
 promptitude, and did not give much confideration to 
 the ftruggles of Irifh party. 
 
 The new Chancellor was not more remarkable 
 than the office from whence he was removed. That 
 gentleman fhifted from the fituation of Attorney 
 General, in the preceding year, to that of Speaker, 
 though the office of M after of the Rolls was then 
 vacant, and could not poffibly be refuied to his foJi- 
 citation. But I prelume that the new adminiftration 
 conceived him Hi 11 better adapted for the fenatorial 
 chair, and prefled a favourite into that fervice. By 
 this iingular movement he exchanged the certain 
 prbfpect of a lucrative and permanent, equity peti-
 
 KING'S INNS. 533 
 
 fcion, for the fiJppery and 'ftormy rank of Irlfh Chan- 
 cellor. Unknown parties and a ftrange country 
 were alfo to be tried, inftead of experienced friends 
 in his native land. 
 
 The period alfo required confumrnate talent, with 
 a complete abhorrence of paffion, prejudice, or lo- 
 quacioufnefs. Envenomed internal factions indulged 
 unufqal malignity., whereby Religion, Policy, and 
 Law, were directed as inftruments of perfonal pow- 
 er or increafmg emolument. His public conduct 
 exhibited an ambiguity which might, with propri- 
 ety, induce him to confine attention to Chancery 
 buliriefs, and unite, by this wife but unambitious 
 conduct, national approbation of acknowledged 
 equity experience, and technical accuracy. An 
 ufeful P! actical treatiic anticipated judicial {kill, with 
 an indiipolition to, and ignorance of, State bufmefs. 
 Befides, the Union rendered an Irifn Cabinet unne- 
 ceffary, and, in the opinion of many intelligent Irifli- 
 men, pernicious. Such hitherto fubfitted as a fcreeii 
 between the Englilh Government and this kingdom, 
 to which may be attributed much domeftic tyranny 
 and difcontent. 
 
 The preceding fyftem diffufed an anxious fpirit 
 of enquiry, and rendered the leading traits of his 
 Lordfiiip's character tolerably well known. It was 
 a matter of legillative record, that he moved and 
 fupported the Statute for relaxing and repealing 
 certain Popery Laws. This afforded exceifive joy 
 to the Roman Catholics, whilfl Orangemen were 
 
 convinced
 
 HISTORY OF TKi 
 
 convinced that further or complete indulgence couU 
 not be granted by the new Minifters, as their official 
 fituation originated and hung upon that fingular te ? 
 nure. The peifonal or political foes of the late 
 Chancellor were highly pleated at the difappoint- 
 ment of any fatellite of his j for oppofition did not 
 expect that fuch a li tuition would be offered to a 
 member of their party. The Chancellor's approach 
 was in that quarter remarkably popular, and could 
 only be {hook or fubverted by fubfequent events. 
 
 The wifdom of our Confutution annexes to great 
 offices certain ancient fees, which, whether 
 exifling under Common or Statute Law, fo far 
 lighten the Royal eilablimment, and give a recom- 
 pence to the individual in proportion to his prefumed 
 perfonal labour. Places have thus, by the flux of 
 time, fhifted in emolument to incpnfiderable value, 
 whilil rank and precedence remain unaltered, The 
 Chancellorfhip is, however, tfyat high and laborious 
 flation, which, when confdentioufjy difcharged, 
 claims an ample and eafy recompense. That officer 
 is not more bound to keep his Sovereign's confcience, 
 than to preferve, by precept and example, a fpirit 
 of juftice through the land. This forms no impe- 
 diment to private friendships or perfonal regards, and 
 only difcourages an indulgence; of pailion or preju- 
 dice. 
 \ 
 
 The Union Act exhibits another irtftance of pre- 
 cipitancy or omiffion, with refpeft to the Great 
 Seal ; the poflefibr was amply recompenced as 
 
 Speaker
 
 INNS. 535 
 
 Speaker of tie lloufe of Lords, and not delayed for 
 fuch fpecific provifion, or referred to a board of 
 commiffioners. Equal reafon applied to prefervc 
 the office in adequate independent. A clear in- 
 come of jOjOool. Britifh money was fecured, from 
 the appointment of Lord Redefdale, to him and bis 
 fuccejjor ; nor can the falary appear difproportioned 
 to the exifting wealth of the country, or a fair coin- 
 parifon with earlier times. 
 
 On the revival of the King's Inns in 1607, Itj 
 emoluments are afcertained to be four hundred ancj 
 twenty pounds, exclufive of ancient and eftablifhed 
 fees a greater fum than the prefent, whether we 
 confider national finance, or the real value of mo- 
 ney at each period. Had the office been filled by 
 an Irifhman, this enlargement or permanence of 
 income might not be bargained for or obtained ; 
 at leaft thofe on this fide of the water who applied 
 for that fituation, bottomed their hopes of fuccefs 
 on the neceflary curtailment of official income. But 
 the alteration was ufeful and well-timed, as by it 
 the fymmetry and dignity of the Irifh Conftitutioi) 
 is preferred, 
 
 As far as opponents to Lord Redefdale's Appoint, 
 ment exifted, party jargon could only reft upon his 
 temporary retreat from adive profeffion, and by that 
 means prefume him diiqualified for the new itation. 
 Confiderable induftry in this circulation failed of 
 any fuccefsfui effect ; for it was generally and juflly 
 Ipelievedj that where a branch of fcience is cxten- 
 
 fively
 
 |3o HISTORY o THE 
 
 fively read, and not confined to the fmartnefs of 
 /hallow practice, judgment will contribute tc 
 (Irengthen memory, and render fuch knowledge in- 
 delible. Ignoraiit Judges may, however, become 
 private gentlemen in the evening of life, and if vul- 
 gar malignity imputes vice to legal {kill, it is in 
 their power, fortunately, to bury both in qne com* 
 mon grave. 
 
 But the profound erudition of an elevated clafs 
 cannot fo eafily evaporate, A Malone, a Tifdall, 
 or a Pery, could not, in the preceding manner, 
 fhake off clofe connexion with the Society of King's 
 Inns. Abeunt Studia in mores, confirmed early ha : 
 bits would infedl conversation, and become the fa~ 
 vourite purfuit of old age. Every learned profef- 
 fion affords fimilar examples of perfeverance with- 
 out the allurements of iritereit or ambition. Thus, 
 from lengthened retirement and lettered eafe, 
 Vaughan, when called into aftion, adorned the ju- 
 dicial feat with highefi talent, whilfl Somers, Hard- 
 \vicke, and Wilmot, dignified declining life by a 
 difmterefted attention to polifli paft precedents, im- 
 prove exifting praclice 3 or perpetuate both bleffings 
 by a melioration of Statute Law, The craft of fub- 
 ordinate legal men was directec} to watch the new 
 Chancellor's pride, vanity, or party feelings. Pro- 
 feilional patronage may be thus acquired at fecond 
 hand, and the regular power or alfumed influence 
 of a ftranger, become an original inflrument and 
 final victim of Irifh prejudice or pafiion. The entry 
 \>y which Lord Redefdale is enrolled in the Admif- 
 
 fiou
 
 KING'S INNS. ,37 
 
 lion Book of the King's Inns, conclufively illuf 
 trates that fyftem of innovation which animated the 
 managers fmce the year 1782, and became a prac- 
 tical grievance from the death of Lord Liffbrd. 
 
 His Lordfhip is firft admitted a Member generally 
 of the Society, and in the fucceeding paragraph 
 defied a Bencher of this Society, and admitted to his 
 Chambers. Were that nobleman to enquire into the 
 Variation of our Society from Engiiih Inns, how 
 fraudful his mode of information, if he relied upon 
 the preceding authority. No Aich double admifliort 
 had ever previoufly been made ; the intent v/ns to 
 counteract the fimple mode of formef admiffion, 
 and intimate that Member, did not mean Bencher, 
 in ancient time. Concealed documents, myfterious 
 management, and fraudful entries^ muft form an 
 hallowed union to fuppoi t a tyrannic charter. After 
 a proper period of time fach men would have their 
 hiitorian,and prepare the venal fatellite byfuppreflien, 
 mifhiteinents, and aflertion, to cover the blulhing 
 and maiden impofture with a literary veil. 
 
 At this moment the reader is roufed by the found 
 of Chambers-^ his Lord/hip was not obliged to make 
 a depofit ; the Treafurer more generoufly, and with- 
 out iblieitation, bellowed the fame. That gentle- 
 man well knew this munificent prcfent would not 
 delay or obftrucl the defign ; he mould, however^ 
 have given the new Chancellor credit for declining 
 a remote, improbable, and unnecelTary convenience. 
 But had the money already mifapplied been prcferved 
 
 witK
 
 OF tHS 
 
 with proper care and ceconomy, Henrietta-ftreet 
 itfelf might by this time be purchafed, and the pre- 
 fent ground form a cheap garden annexed thereto. 
 The general building was to that period well fup- 
 plied with money, and exhibked a fuitable appear- 
 ance, to the great difcontent of the Treafurer, and 
 the particular partifans of Chambers. But during 
 the late Chancellor's life, filence and fubmiffion, 
 were neceflary. No fooner was that nobleman, 
 united to the departed fages of the profeffion, than 
 the expelled fchifm broke out, which operated dur- 
 ing the Treafurer's exiftence, and will moft proba- 
 bly delay each ftrudure for an unknown period of 
 -time. 
 
 On the day of Lord Redefdale's enrolment jjnto 
 the Society, a young gentleman, in every refpeft 
 unexceptionable, after the clofeft and moft malig- 
 nant fcrutiny, was poftponed in his intended call to 
 the Bar, for a reafon unheard before in the Britifh 
 Empire. Objected " That he had been expelled 
 the Univerfity, and had been guilty of feditious 
 practices." Thefe joint reafons require a feparate 
 confideration. Univerfity difcipline has no necef- 
 fary connexion with the Society of King's Inns, and 
 in that refpecl is intituled to no further confideration 
 than as an authentic record of a well-regulated, 
 grave, and reverend body. The caufe of expulfion 
 is 'not even recited in that aft ; it may alfo occur for 
 an error incident to youth, and affix upon the future 
 man no pofiible.ftain.
 
 INN 
 
 A female companion detected in his chambers, o* 
 ^n youthful quarrel, the effect of inconfideracy and 
 drunkennefs, may lead to, and juftify amotion from 
 College. I do not mean to palliate the immorality 
 of growing manhood, or the high-minded excefs of 
 honorable feelings, by the inveterate example of 
 tnalignant old age ; my objection is to affecting fuch 
 conduct by a difproportioned and double punim- 
 rnent, of flrengthening party venom and profpeclivc 
 tyranny by the fatal precedent. The expulfion may, 
 however, be founded on a generous principle, 
 whence mild and well mannered minds would fore- 
 bode unfliaken honor and public fpirit. Suppofe a 
 collegian, at a future viihation, to refufe the ex 
 cfficio oath, or to render it intelligible an obliga- 
 tion to criminate himfelf or other perfons, by ex- 
 pofing the effufions of focial confidence, and thereby 
 obtain through life the name of informer. With- 
 out inquiring how many eminent Lawyers difap- 
 prove of that oath, as a remnant of clerical craft, 
 equally hoftile to prefumed innocence or the com- 
 
 mon law, what fenfible Irimman would, after fuch 
 ' 
 
 amotion, doubt the party's firmnefs or integrity. 
 
 Suppofe a Vifitor or Provofl to interfere in an 
 election for Parliament, (as Vifitors and Provofts 
 have done in former times) and that juft indigna- 
 tion or warm friendihip dealt .mmeafured abufe to 
 either delinquent. In a collegiate point of view this 
 conduct ranks among the majora crlmlna ; the iva- 
 der need not therefore doubt expulfion would be the 
 immediate confequence - : or to clofe the argument, 
 
 had
 
 54 &I3TORY OF THE 
 
 had the father of the late Ear! Clare held the Great 
 Seal of Ireland, or an high judicial office, when 
 that nobleman canvafled for the Univerflty 5 if a 
 duel was conceived necefTary, and a fatal event took 
 place, (as the father of an only fon, I can appreci- 
 ate the affliflion of fuch a man) how many fur 
 rounding fycophants would fugged or fupport im- 
 mortal vengeance ? If they t ecemmended the hap- 
 Jefs furvivor to bar his entry into an Inn of Court, 
 Englilh Benchers would impute the application to 
 iixed infanity, and probably exerdfe inflant activity 
 to obtain the vacant fituation. 
 
 It is my wim, and fhall be an unceafmg exertion, 
 that the Society of King's Inns may, to future ages, 
 exhibit an equal degree of wifdom with their Eng- 
 lifh brethren, and a correfpondent integrity. I mufl 
 therefore folicit the reader's patience for the fecond 
 charge, or imputed guilt of feditious practices. Un- 
 der a well-balanced government, this is the heredi- 
 tary cant of party ; 
 
 " Which mixes in Its feverifh fchemes 
 
 *' Credulity, ana doubts moft wild extremes 5 
 
 ". Prefents a glafs, whofe different ends 
 
 ** Debafe our foes, and magnify our friends." 
 
 When carried beyond the Courts of Law, an at- 
 tempt to punifh political zele, or even indifcretion, 
 mud be confidered as treafon to the true fpirit of 
 ur Coaftitution, and therefore merits the appella- 
 tion
 
 KING'S INNS. ff+i 
 
 fioa of folly or villainy in the extreme. In fuch a 
 ftate of things, \vhat honed man would be fate. 
 
 When Mr. Pitt and Chief Juflice Mansfield op. 
 pofed each other for Cambridge Univerfity, fuch of 
 their partifans as were either vulgar or venal, ban- 
 dyed the hackneyed phrafes of fcdition or corruption, 
 and applied them to eithef gentleman as intereft 
 led, or malevolence fuggeded. Did thefe afper- 
 fions fix any lading ftain upon eminent character, 
 would it warrant Lincoln's Inn Benchers to podpone 
 Mr. Pitt's call in 1781, becaufe he was politically 
 linked with the /editions opponents (harfher delcrip- 
 tions were even applied) of Lord North ? Yet that 
 ill udrious youth bore a name equally revered by the 
 Britifh nation, and remembered by her foes. Such 
 wasj however, an empty acceflion of political 
 flrength, compared to his perfonal talents. The 
 awful mantle of paternal eloquence formed an heir- 
 loom in his inheritance, which precious gift enabled 
 him, with the vigour of lightening, to melt corrup- 
 tion on her gilded throne, or fpread diflention 
 through a maddened land. 
 
 In 1/82, Mr. Mansfield, on a change of admi- 
 niftration, was removed from the office of Solicitor 
 Genera!. As there was no reafon ailigned for his 
 clifmiifal, brother Benchers may prefume it for lUli- 
 tious practices, and originate a malignant party c! 
 fion to thatdreadful eileft. Names alike eminent for le- 
 gal capacity and date talent are thus invoked to form a 
 faving precedent for the growing hope of my coun- 
 O o try j
 
 HISTORY OF THE 
 
 try; \\hilft I humbly implore God, as with the lad. 
 gafp of expiring nature, that his outftretched and 
 almighty power may ever uphold the legal genius 
 arid free Conftitution of Ireland againfl the errors 
 of ignorance, and hypocrify of tyrannic defigns. 
 
 Iliftoric duty would be> however, feebly dif- 
 charged, if the event and motives which led thereto 
 were not concifely explained. After a Term's in- 
 terval, the young gentleman's affidavit accompanied 
 a petition ; he therein difclaimed all traitorous or 
 feditious practices', and challenged his envenomed, 
 but concealed accufers, to adduce the flighted proof. 
 Some Benchers and Barrifters teftified to his good 
 eonduct and character. Under all the preceding 
 circumflances, and after fo folemn a delay, he was 
 admitted to the flation of Barrifler. Bacon wifely 
 obferves, that precedents which blend various mat- 
 ter, take deep root, and difpenfe lading benefit or 
 mifchief. The foregoing attempt partook of that 
 complex cancerous quality ; it was therefore requi- 
 fite that every fibre mould be eradicated to complete 
 the cure. Why were voluntary affidavits demanded, 
 or charges deftitute of original proof perfevered in ? 
 Ha'd fuch a fcvere trial been exacted from John 
 Fitz-Gibbon, in what manner could that refpefta- 
 ble gentleman produce Proteftant vouchers ? Edu- 
 cation in a foreign college was a ftatutable offence ; 
 its avowal would fubjecl the father and fon to fe- 
 vere diiabilities, whiift the refuial of an affidavit 
 might juftify partymen in barring his entry to the 
 King's Inns. No act fo fubverfive of legal liberty 
 
 appears
 
 KING'S INNS. 54.3 
 
 appears to have been then expected ; fiich malignant 
 practice was referved for modern tyranny, and its 
 abandoned effrontery. 
 
 When the firnggle terminated according to my 
 warmed wifhes, I mentioned to the Treafurer, with 
 apparent indifference, that expulfion from an Inn of 
 Court was not unknown, as in the cafe of Sir John 
 Davis, who was for fuch conduct banifhed the Mid- 
 dle Temple* This concealment was declared to be 
 unkind, notwithstanding my known defire that the 
 young gentleman mould be admitted. It was even 
 added, no mention would be made of it until the 
 bufmefs had been over, and then merely to fupport 
 interior authority, and infpire Students with a falu- 
 tary terror. But how widely did the circumfrances 
 differ ! Sir John's outrage was in the Dining Hall* 
 In the prefence of the Benchers, without foliciting 
 an explanation, and for which he obftinately refufed 
 to make an apology. 
 
 There was full proof of the fact, and the amo- 
 tion was to be continued only until he made gentle- 
 manly reparation : the Englifll Chancellor even per- 
 fonally interfered to reflore general harmony fo 
 rare was infolence or opprem'on at that period in 
 Inns of Court* llis Lordfhip met in his own time 
 a fuitable reward, by the credit which a fubfequent 
 patronage of Sir John attached to his name ; and as 
 topoflerity, he is known to them merely as a Law- 
 yer, Statefman, or Writer, by Davis's immortal 
 page. Methinks the preceding anecdote fhould cau- 
 O O 2
 
 5H HISTORY OF THE 
 
 iion College or King's Inns Governors to difpeftfe ac- 
 knowledged authority with paternal tendernefs to- 
 wards the future pillars of Religion, Liberty, and 
 Law. 
 
 If feeble but faithful efforts have been directed to 
 give equal and impartial protection to legal Practi- 
 cers in every clafs^ I may be excufed in avowing a 
 predilection for Univerfity Students ; an unfhaken 
 friend is intituled to add, that regular and corred 
 conduct at College fupplies a defect of genius ; but 
 guided by good fenfe, and graced with general 
 learning, forms an irrefrflible claim to perfonal rank 
 and refpecl : I may emphatically term it, the mbility 
 ff the people* Profperity thereby receives added 
 pleafure, and misfortune is difarmed of half its 
 terror. Under this impreflion I feel a College ex- 
 pulfion, even a family affliction, and, until properly 
 explained, a great perfonal difgrace. However, in 
 my opinion, injuftice alone could fuperadd a Khig't 
 Inns attainder. 
 
 This movement to ftrengthen Univerfity expu!- 
 fion by a legal edge, refembled moft modern inno- 
 vations. The extenfive evH was hid from ordinary 
 view, and tended to injure that authority which it 
 fcemed to fupport. Were the preceding meafure 
 Carried, and tamely fubmitted to by the individual 
 or nation, no fenfible parent or fpirked fcholar 
 would run the rifque of this union of defpotifm, or 
 enter into one Society, where accident and honor 
 Hiay preclude or cancel the admiffion of another. 
 
 England-
 
 KING'S IM:C.S. 545 
 
 England and Scotland prefent their foflering arms to 
 Irim youth at as moderate an expence as Dublin can 
 exhibit ; nor would the change be confined to per 
 fons intended for the Law ; it muft include three 
 fourths of the Irifh Univerfity, 
 
 Whilft fafhion would confecrate and perpetuate a 
 practice which fprung from peifonai honor and pub- 
 lic pride, be it remembered, that fuch a theatre of 
 education was the conftant cu'tom for four centu- 
 ries. The King j s Inns Fellows nV 1607 were bred 
 at Englifh colleges j for at that period univerfity im- 
 provement uniformly preceded a fludy of Law, and 
 our Irim feminary was merely in its infancy. But 
 tyranny and paflion counteract the reflexions of pa- 
 triotifm or wifdom, otherwife fo horrid and inconfi- 
 derate a propofal as the preceding would never Main 
 the Rolls of our Society. The reader's good fcnfe 
 can aprly fimijar reafoning to ether attempts, and 
 be thereby further fortified in every pofition of lif",-, 
 to refift the inroads of ufurpation, and condemn 
 the moft plaufible approaches of difcretionary 
 power. 
 
 The Chamber tafte had been merely fufpcndeJ 
 during the late Chancellor's life, and his chofen or 
 confidential friends did not conceive perfonai influ- 
 ence or political power to hang thereon. A new 
 Committee was therefore appointed on the iSih 
 Jujie, 1802, "To report what buildings niay be 
 jna.de for the purpofe of Chambers, and how fur it 
 r ,viil be necelfary to purch:ife the ground of tcniiits." 
 
 The
 
 546 
 
 The reader will at this time conceive, that it may be 
 wifer to enquire whether fuch were at all necefTary, 
 and as to the tenants interefls. That prudent moment 
 was paiTed ; the Society funds rapidly leflened, whilil 
 the boundary towards GlafTmainoge road unaccount- 
 ably arofe ; nothing but the inability of the Soci- 
 ety to purchafe, or an exprefs determination to that 
 effect, can reduce this enhancement to its proper 
 level. 
 
 There was no c|elay in the refolve, for on the /th 
 July, 1802, " The Committee reported that the 
 plan laid down includes ground of which the Soci- 
 ety is not feized or porTtffed, and do not recom- 
 mend the Society to purchafe it, but to lay out fo 
 much of the ground as is convenient according 
 thereto, and give notice to perfons willing to bui!4 
 conformably to fai4 plan and elevation, to be pre- 
 pared by Mr. Gandon." Such was the refult fub- 
 mitted by the Committee, and acceded to by the- 
 meeting, In the year 1794, the Treafurer's archi- 
 tectural defigns were offered, considered, approved, 
 and fufpended in four fhort months. The reader 
 will not find a fimilar expedition exercifed to effec- 
 tuate the preceding order. Meantime near ten 
 thouuind pounds for rent and collateral expences a:- 
 tended the ground. 
 
 However, the Chamber party was preferved in 
 high fpirits and good humour; for though the fum- 
 rner was fpent in inaction, the fubject was relumed 
 on the firft meeting after lortg vacation, and on the 
 
 6th
 
 KING'S INNS. 547 , 
 
 6th November, 1802, " Enquiry was made whe- 
 ther Mr. Gandpn furniflied to the Treafurer, for 
 the ufe of the Society, fuch plans, elevations, and 
 feftions, for building Chambers, with notice for him 
 to bring in the fame," The Treafurer was well ac^ 
 quainted with my opinion as to the motives which 
 generally lead to, and the elfecls which always at- 
 tend ill-confidered reform. Neither power, friend- 
 Ihip, nor felf-intereft, controled my avowed condem- 
 nation of every innovation fubverfive of our con- 
 nexion with the filler kingdom, or refpect for its le- 
 gal body. 
 
 The ancient and undoubted right of Englifli Bar- 
 riders to be called to a fimilar rank in this kingdom, 
 was founded on immemorial ufage and exi fling rules 
 of our Society. Such privilege was covertly re- 
 pealed by the ill-confidered Statute of 1782, which 
 created the new-fangled pofition of Students in Ire- 
 land. The King's Inns Society was a molt honora- 
 ble but voluntary affociation for Irifli Practices ; 
 but without any defign or authority to prepare youth 
 for legal rank or profeflional flation. If a lufl for 
 lucre, patronage, or dominion, be not referred to 
 as the caufe of fuch innovation, no other object 
 can appear, fave an aifecled independence, or in- 
 tended feparation from England. 
 
 Irrfh attendance at Englifli Inns of Court was 
 eftablifhed by the earlieft cultom of our Law,, and the 
 connexion of both iflands thereby confirmed. Thus, 
 Judor's Statut was not the enactment of a novelty, 
 
 but
 
 54$ HISTORY OF THE 
 
 but a declaration of ancient and exiting Law. 1 he 
 name of Lord was altered to that of King of Ire- 
 land, and merely recognifed the antecedent ties of 
 allegiance. With a fnnilar view, Students who had 
 been refiant for years at Engliih Inns, had an exclu- 
 five right to practice at, qr be called to, the Irjfii 
 Bar. 
 
 Majefly itfelf was precluded from directing any 
 other approach, or preventing, under proper qua- 
 lifications, the fubjecl's inalienable privilege. 'The 
 new rules were formed without any chartered or 
 ftatute authority, and merited reprobation as equally 
 hoflile to Prerogative, Liberty, and Law. Two or 
 three Engliih Barrifters did not meet an inflant call, 
 and were too indignant to iblicit as a favour, what 
 v r as a known hereditary right, much lefs to mould 
 themfelves into the habit of Students. In this man- 
 ner the queftion was talked of, buf never met a re- 
 gular difcuflion or vote. My view of the fubjecl: 
 was uniform and unfading ; a moment alfo ap- 
 proached, when Law and Juflice wre likely to be; 
 
 Lord Redefdale's nephew was an Englifh Barrif 7 
 ter, and on his removal to this kingdom, very 
 jultly expected and claimed an immediate call to the. 
 Lim Bar. On the ufual cay, to the complete and 
 praife worthy, fubverfipn of a criminal innovation, 
 without any reference or poftponement, his Englifh 
 fituation rr.tt proper relpect and uudifpute4 
 $d million. This mgafure fulrillej my preced- 
 
 ing
 
 KING'S n.'Ns. 549 
 
 ing private efforts ; far from fullying the inde- 
 pendence of Ireland, procul abfit infamia, this Work 
 upholds national ftatute law, hereditary cuftom, 
 and ufeful pradice. Opponents can only defend 
 exifting innovation by an abandonment of the pre- 
 ceding falutary provifions. The confequences to 
 the connexion of both kingdoms are alfo alarming 
 whether an exploded Charter be reviewed, or our 
 prefent poiition confidered. 
 
 A writer who feels more for permanent perfonal 
 Dignity, or the public good, than tranfient popular 
 approbation, or the protecting fmile of power, mult 
 often approve of a meafure, and yet withhold a fi- 
 inilar teitimony from its fupporters. In the preced- 
 ing inftance known connexion fmoothed the way ; 
 for had the Irifh Chancellor been an importation of 
 inferior rank ? or did the Jkitim Cabinet, as in for- 
 mer times, tranfport a bkmijhcd Praclicer or broken 
 Tapfter to fill that high and venerable fituation, 
 King's Inns Hiftory allures us, that the follower 
 would meet a ready reception. 
 
 Two gentlemen have fmce been admitted without 
 any attendance, as Students at the King's Inns. 
 Though in the laft inftance the full expence of fuch 
 admiflion was fuperadded, the amendment of the 
 prefumed prohibition forms a plealing omen of ufeful 
 alterations in internal concerns. The Bench may 
 be deemed inactive, but not vicious, whillt vanity 
 and intereft exhaullcd the ingenuity of a few in a 
 lull for dominion, maiked under a ipirit of reform. 
 
 I*
 
 HISTORY OF THE 
 
 Let the habitual dignity, integrity, and wifdom of 
 legal Practicers openly and firmly unite : our Society 
 will then afiimilate to Englifh Inns of Court in popu- 
 larity and merited refpect. Thefe obfervations pre- 
 cede, with peculiar aptitude, afmgular andunwarrant? 
 ed change, equally variant from acknowledged an- 
 cient ufage, or eilablifhed modern practice. 
 
 The public mind cannot be better prepared for a 
 calm consideration of the important fubjeft, than 
 by a recital of the memorial from the refident At- 
 tornies of Cork : " It dates Cork to be a city opu- 
 lent, commercial, and populous. That there 
 are generally thirty refident Attornies, who are all 
 admitted of the Superiour Courts ; the greater 
 number of whom ferved apprenticeships to Attor- 
 ines refident in Cork. That there is a Court of Re- 
 cord which fits once a week, the jurifdiction of 
 which is unlimited in perfonal actions. That Quar- 
 ter Seflions fit to try mifdeinemors weekly, whereby 
 apprentices have an opportunity of practical im- 
 provement in civil and criminal bufmefs, That 
 much conveyancing is done in the City of Cork, 
 which they go through with the afliftarice of their 
 apprentices, but except refident Attornies are per- 
 mitted to take apprentices, it will be impoffible fq 
 to do." 
 
 Were there no other object in detailing the pre-* 
 ceding authentic voucher, than exhibiting to the 
 Brinfli reader that jullice is admiaiftered in an em- 
 porium of Irifh trade, with a regularity and promp- 
 titude
 
 KING'S IN 551 
 
 titude equal to the extent and importance of its con- 
 cerns, it would require no apology : but four years 
 have ekpfed, and yet the bufmefs hangs undecided ; 
 no apprentices can be taken by Cork refideuts, 
 whereby that ancient city may be laid to lye in a ftate 
 of legal blockade. Let us now calmly enquire how 
 this matter flood in ancient time ; next, its pofition 
 under King's Inns authority ; and laftly, the fettle- 
 ment by that body fmce the year 1789. 
 
 I have perufed the entries on the revival in 1 607, 
 at which time Barrifters and Attornies aie defcribed 
 by their places of refidence. Not a fmgle Attorney 
 appears from Cork as enrolling his name in the 
 King ? s Inns, nor even through the entire reign of 
 James I. except one gentleman of ancient and ref- 
 pectable family in that diftrift, a Mr. Thomas Goold. 
 The reader will hardly believe, that no fuch order 
 of men exifted as Cork Attornies in the reigns of 
 Elifabeth or James. The Prefidency Court of Mun- 
 fler was then held in that city, though occafionally 
 adjourned to Waterford or Limerick ; it was even 
 moved, upon extraordinary calls only, into Kerry 
 or the Palatinate of Ormond, 
 
 The wealth of that diftrift has, from time imme- 
 morial, uniformly flowed from a fertile foil, unaided 
 fry manufacturing induftry ; whilfl Conaught trod 
 clofe on its heels from fimilar aptitude of ground, 
 and famous harbours j a provincial legal eitablifh- 
 ment marked the latter province. The King's Inns 
 4oes not enroll a fingle Conaught Attorney during 
 
 the
 
 5? HISTORY OF THE 
 
 the reign of James. Conftant and mofl important 
 appeals were, however, brought to the capital from 
 Prefidency Courts, and certainly managed, in the 
 Attorney line, by an union of provincial Practicers 
 with refident brethren in Dublin, 
 
 Caftle fchemes, or perverted prerogative, afforded 
 a quick fucceflion of landed fuits, and eminent Bar^ 
 riders were thus animated by ambition and lucre to 
 improve, with all poflible perfection, legal talents. 
 The trade of Ireland almoft entirely confifted of 
 fouthern exports, and fupplied no fmall number of 
 legal contefts. Is there any further proof neceflary 
 of refident Pradicers who never moved in profef- 
 fional purfuits from ihefe remote provinces , ? The- 
 remainder of Ireland was in a different pofition both 
 as to Trade and Law. Lsinfter, deditute of any ca- 
 pacious port, merely fupplied the capital or the neigh- 
 bouring ifland ; whilft Ulfter added to comparative 
 barrennefs of foil every horror incident to an un- 
 fettled government, or recent theatre of civil war. 
 Thuj, Commerce and Law generate a.nd protect 
 each other ; by their united force a thriving manu- 
 facture has elevated the northern part to a level with 
 Leinfter, and rivalled the natural advantages of the 
 foutliern or weftern frontier. 
 
 The focial effeft of trade extends, a peculiar irite- 
 reft, but combines therewith national wealth and 
 the happinefs of mankind. As the fubjeft is clofely 
 linked with the growing 'greatnefs of Ireland, truth 
 binds me to affirm, that no country has a greater 
 
 variety
 
 res ISX;T. 
 
 variety of unexplored or extenfive materials for peri 
 manent and progreflive opulence or ftrength. Let a 
 political Archymedes mould fuch machinery to State 
 purpofe, and the country will afford a wide field for 
 diversified induflry, in giving food or raiment to 
 diflant nations, and receiving in return eflential com- 
 forts or innocent luxuries. Under exifting circum- 
 ftances or imagined improvement, Cork, from its 
 fit nation and furrounding territory, mull take a lead 
 in any approaching danger of invafion, or arrange- 
 ment of imperial defence- 
 
 A diffufion of legal knowledge has been ever felt 
 in the province of Munfter, and with peculiar ener- 
 gy at its head quarters, or capital town. Refident 
 Attornies have therefore from the acceffion of James 
 I. received and inftrucled apprentices, who after- 
 wards became Praclicers, alike eminent for profef- 
 fional talent and perfonal integrity. Two Chancel-' 
 lors of Ireland were natives of that country ; men 
 oppofed to each other in ambitious purfuits, and 
 eager to give added nerves to King's Inns authority. 
 Did not a century fucceeding the revolution juPtify 
 adherence to the eftabliflied fyllem ? 
 
 Until the famous Charter of 1792, no innova- 
 tion upon this point was looked for or expected. 
 Did the nobility, clergy, and landed or commer- 
 cial mtereft of that diftricl make any complaint as 
 to legal abufes or the comparative inferiority .of reii- 
 dent Cork Attornies ? AVas it net the conflant cuf- 
 tom for gentkmea of that profelHon to refide occa- 
 
 fiona'ly
 
 54 HISTORY OF THE 
 
 fionally in either city, and appoint perfons living in 
 Dublin to attend office bufmefs ? Does not a fimilar 
 practice prevail through the fifter kingdom ? And 
 who can juftifiably arraign the good fenfe of Eng- 
 lifhmen, or the purity of their legal fyftem ? When 
 the Benchers confented to a repeal of the reprobated 
 Charter, and thereby prevented the Barrifters' peti- 
 tion from being prefented to Parliament, was there 
 any referve as to the new rules of admiflion that 
 abufes crept into Irifh practice, which called for 
 King's Inns management or control ? But it is ob^ 
 fervable, that even during the exiflence of that ar- 
 bitrary power, and when the framers conceived the 
 fyftem fuccefsfully braving profeflional refiftance and 
 public ^indignation, a Committee of Benchers war 
 authorifed to confer feparately with a Committee of 
 Barrifters and Attornies concerning fbch rules for 
 the better government of the Society as relate to 
 thefe refpective profeffions. Such were the fenti- 
 ments of a ruling faction in the plenitude of ima- 
 gined defpotifm. 
 
 When that fabric was demolimed by profeffional 
 zele and parliamentary wifdom, did the corrected 
 and humbled planners aflfume moderation or inacti- 
 vity from recent defeat ? The reader will feel a fur- 
 prife fuited to King's Inns incidents, when it appears 
 that abandoning or forgetting the communion of a 
 Bench Committee with Barrifters or Attornies, the 
 prefent rules originated without order j were reported 
 on the 21 ft of November, and on the 5th of De- 
 cember, 1793, confirmed by a council of ten Mem- 
 
 ben.
 
 INKS. 
 
 bers. On this fingular, contratiiclory, aud eccentric 
 pofition do the fubfequent proceedings hang. 
 
 Cork Attornies may calmly fubmit to the national 
 humiliation, and not dare to enquire who were their 
 particular oppreflbrs. But new rules did not merely 
 affect perfonal independence or pride of character ; 
 they ftruck at profeifional confequence and intereft. 
 It was meanly imagined that Dublin Practicers 
 would feel a partial pleafure by the exclufion of 
 Cork refidents : that, however, was not the cafe i 
 at no period did the general conduct of all Practi- 
 cers merit more public efteem than by this indifpo- 
 fition to accept the benefit of fervility, as. a premium 
 for confenring to the depreflion of brethren in pro- 
 feffion. Ufurpation, though defthute of collateral 
 ftipport, enforced the novel defign. 
 
 -An obflfuction as to apprentices was introduced 
 with fingular activity, and perfevered in with un- 
 bending obftinacy. Two moft refpectable refidents 
 of Cork applied under fuch an avowal for permif- 
 fion, according to the new rules, to take appren- 
 tices. Thus, King's Inns ambition or avarice were 
 equally fatisfied ; the former by this tame fubinifliori 
 to a fingular innovation, and the latter by a ready 
 acquiefcence in the parties to official taxation. The 
 reader will pleafe to nnderftand, that the young 
 gentlemen were to be for two years of their appren- 
 ticefhip attending Terms in Dublin, under the eye 
 of thtir matters, or the partners of thofe Pradicers* 
 indeed the parents or guardians would demand and 
 
 expect
 
 fUSf ORY OF THE 
 
 expect fuch a meafure without any exertion or aft 
 fumption of King's Inns authority ; and fatisfied 
 therewith, had full reliance that the remaining pe- 
 riod of apprenticefhip muft be as ufefully fpenf in 
 Cork, with refpeft to profeflional experience, gen 
 tlemanly manners, or moral chara&er. 
 
 The meafure was folemnly debated in an ex- 
 tremely full Council,* and after a patient hearing of 
 
 all 
 
 * 'This quedion would not have originated, produced any 
 difcufiion, or at all events hang undetermined, if Lord Carle - 
 ton (the Recorder of Cork) held his judicial ftation, or conti- 
 nued to refide in Ireland. I have abftained from official compli- 
 ments ; for what has been mentioned of the IrifK Chancellor, 
 Mafter of the Rolls, or Mr. Fletcher, 1 arofe from previous in- 
 tercourfe and folemn conviction. As to prefent charafter, if 
 elevation alters or debafes their conduct, an incitement to virtue 
 becomes only an added reproach, whilft the national intereft is 
 certainly the prime object of my purfuit. Abfence however, 
 like death, confecrates connexion; therefore the language of 
 truth, and dictates of frieadiriip, mud not meltibeneath the pref- 
 fure of cautious reftraint. A long, and, let me add, uninte- 
 rupted acquafntance with Lord Carleton enables me to appreci- 
 ate his public and private, character with tolerable precifion. 
 The profeflional walk of a Barrifter merits only o'bfervation, 
 when fuch perfon has never afcended a judicial feat, where an 
 independent fituation frees the man from any neceflary duplicity 
 or difguife. If induftry joined to talent, a fpirit of juftice tem- 
 pered with mildnefs, and gentlemanly manners dignifying both, 
 form an undifputed claim to refpeft, the late Chief Juftice of 
 our Common Pleas is fully intituled thereto. He quitted this 
 country to the general regret of legal Pradicers, and without 
 having a fmgle perfonal enemy among its hoftile parties. Such 
 h the final triumph of correct tempet and conduct even amid the 
 
 baftle
 
 KING'S INNS. 5-7 
 
 till its opponents, determined upon with almoft una- 
 nimous confent. In ordinary focieties this point 
 would be confidered fettled ; but in a fage and fa- 
 pient conclave, fecure from precipitate and unpro- 
 voked revocation. New-fangled power and irre- 
 fponfible authority were confined within fuch limits ; 
 matters went oil in the new but acknowledged man- 
 ner from May 1795 to June 1802. Time was con- 
 fecrating the acquiefcence of the former body, and 
 the authority of the latter began to ripen into ufage, 
 when lo ! an unexpected oppofition gains ground. 
 On the 2jth June, 1802, a gentleman refident in 
 that city applied for leave to take an apprentice, but 
 the meafure was postponed without any aflignable 
 caufe, as the entry terms it, until the rules by the 
 Bench thereon be examined. 
 
 King's Inns malignant craft, and profcriptive ty- 
 ranny could alone fugged a novelty fo unexampled, 
 P p and 
 
 buftleof political and judicial conduct; But his Lordfliip is not 
 loft to Ireland or die Empire ; fenatorial fituation enables hi.n 
 to continue thofe Cervices which every man owes to I i> ountrv; 
 and profeflional talents have an exalted and moft ufeful exercifs 
 In the difcufTion of Irifli appeals. Englifli Judges, however ho- 
 neft and learned, (qxialicics which they moft certainly polTefs) 
 nmft often find it neceilary to attend to an Iriin legal conduc- 
 tion upon particular fubjecls. Their Court of King's Bench has 
 for ages adopted that fulutary maxim * even the local equity of 
 Ireland has been fometinies /hook, and property irregularly di- 
 vefted by inattention thereto in the Englifh Supreme Tourt of 
 Appeal. The purity of that auguil allc-iiMy I acknowledge anA 
 7'evcre, therefore only add, that a Peer bred in Irirti Courts 
 inuft, in fuch cafes, inateri;!lly aid or fuggeft accurate and ei* 
 "lightened decifions-,
 
 and a delay fo abfurd. A clofe review of ftatutabte 
 authority and Common Law principles combines 
 with a full recollection of Bench entries from the revi- 
 val in 1607, when I affirm, that no previous precedent 
 warranted the reflraint or innovation of 1795. This 
 jftream of information was not, however, neceflary 
 to fortify memory, or guide judgment to a proper 
 deciiion. The King's Inns page, alike eminent for 
 negligence or furplufage, furnifhed a full and recent 
 regulation. In May 1795* two refident Attornies 
 of Cork were admitted to take apprentices. Mark 
 the words of the Bench Order : " Though they d<? 
 not refide in Dublin" 
 
 Earl Chatham, and Mr. George Grenville, quoted 
 the fame Statute to fupport and abolifh that Stamp 
 Act which taxed America ; it will require equal ta- 
 lents in the abettors of the preceding attack to ex- 
 tract fimilar principles from the ftudied contradic- 
 tion of modern orders. If folemn cautioR and aw- 
 ful delay exhibit proofs of fixed integrity or profef- 
 fional wifdom, this meafure affords a fufficient ex- 
 ample ; for a further poftponement took place. On 
 the 24th of January, 1803, the fubject again ap- 
 pears. Was it determined ? No fuch thing. With a 
 fpirit not ill fuited to a German dyet, the matter was 
 referred to five Benchers. That Committee have 
 not to this hour made a report ; the preceding ftate- 
 ment may therefore direct the judgment of honed 
 and honorable men.
 
 KING'S INKS. 
 
 General principles can be ftrengthe'ned by a par- 
 ticular example, and the worth of refident Cork 
 Attornies meaftired under that impartial flandard. 
 A more eminent Attorney, or accomplimed Clerk 
 of the Crown cannot be reviewed, among the hal- 
 lowed dead, than Thomas Chatterton. He may be 
 prefented as an official pattern in either department, 
 for profeflional (kill, imblemifhed integrity, and 
 perfonal politenefs. Hiftoric truth is not in this in- 
 flance facrificed to feelings of friendfmp, and the 
 tomb which has clofed upon his perfon enables me to 
 record diftinguimed worth without an imputation of 
 flattery; 
 
 The reader can eafily fee, in numerous inftanceS, 
 that the provincial character of Munfter, in our 
 time, upholds its hereditary name for Law and 
 Learning for Genius and 'Courage* The preceding 
 correct flatement will be (I truftj fufficient to pro- 
 tect refpectable legal Practicers from an unwarranted 
 ftigma, and continue to a powerful, opulent, loyal 
 and enlightened diftrict its cuftomary convenience. 
 Four years have, however* elapfed fince that hafty 
 fufpenfion took place, which I have (hewn not to be 
 more variant from ancient and approved practice, 
 than from a modern, well-confidered, and exifting 
 order. 
 
 A momentary inspection of the King's Inns Rule 
 
 Book will not merely juftify, but enforce from men 
 
 of honor a report in favour of the Cork Attornies. 
 
 Minutenefs is excufable upon this important fubject, 
 
 P p 2 in
 
 560 HISTORY Ot THE 
 
 in Xvhich purfuit patriotifm combines with gratitude. 
 My profeflional exertions were iirft known or en- 
 couraged by the people of Cork : nor am I more con- 
 necled with them by corporate freedom than per- 
 fonal feelings.- The legal Praclicers of that city re- 
 femble the great body of its inhabitants ; they are 
 as refpectable as any fuch clafs of men in the Bri^ 
 tifh Empire, and highly intituled to King's Inns en- 
 rolment and protection. 
 
 Did not accident dictate the propriety of prefent- 
 ing this interruption to acknowledged and hereditary 
 practice, as the laft rule of that fort which itains 
 this modern book of entries, its intrinfic weight 
 would juflify fuch conclufion. For what can be 
 more extraordinary than all the drcumftances which 
 accompany it ? Four years elapfe, and no report* 
 a great difbict is legally profcribed, not merely 
 withqut any foundation, but in defpite of an exift- 
 ing, unrefcinded, modern order. If King's Inns 
 rules had been publimed, malignity could not fiag- 
 geft the attempt, nor fecret influence enforce it* 
 From that moment no- material novelty occurs 
 either of affected external regulation, or real inter* 
 nal control. 
 
 Enough, however, has appeared to roufe gene- 
 ral enquiry, direct fuitable caution, and confirm le- 
 gal Practicers in a fober fteady purfuit of fixed in- 
 dependent eftablimment. For that purpofe I have 
 not drawn the reader's attention from Society con- 
 cerns by an hiftoric commentary, nor interefted his 
 
 pailions
 
 RING'S INNS. 
 
 paflions by the introduction of any individual as the 
 particular framer of the preceding fmgular fcenery. 
 The prefent page leaves that legal problem to public 
 conjecture and perfonal refearch, but what is mate- 
 rial to the intereft of empire or the honor of Irifh- 
 snen, has been faithfully pourtrayed. This full flate. 
 nient may lead to calm profefiional difcufiion, and 
 prevent party influence or private regards from ob- 
 taining an improper afcendancy. A detail of the 
 lafl three years would obflrucl that defign, though 
 many movements of the Benchers within the Soci- 
 ety, and legal body at the Four Courts., have been 
 eccentric, original, and interefling. Thefe inci- 
 dents claim equal attention with more ancient times ; 
 but fuch defcription mail, ivben further materials 
 occur, form a fupplement to this Hiflory. 
 
 As I have drawn to a conclufion of extracts from 3 
 or comments on the entries and Benchers orders, 
 the reader mall have my opinion upon that fmgular 
 compilation, for the Society ought to be benefited 
 by a regular publication of exiting rules ; fuch has 
 been the mode adopted in Englifli Inns of Court, 
 and Dugdale in that branch of refearch merits the 
 name of their hiftorian. Nothing could heretofore 
 roufe Iriili Benchers to a manly rivalry or generous 
 imitation ; by that neglect many documents, which 
 time would render valuable, have perifhed for want 
 of care, or through defign. 
 
 Where the interior authority of the legal Society 
 {lifappointed my refearch, the recollection of gene- 
 ra!
 
 HISTORY OF THE 
 
 ral reading, or collateral props of parliamentary and 
 juridical records fupplied that defect. Thus, the; 
 beft grounded part of this compilation is entirely 
 unindebted to the induflry of the King's Inns So- 
 ciety, or any of its Members. Succeeding times 
 may, however, profit t>y preceding defects,* and 
 the King's Inns Treafury be equally refpefted for 
 
 officia.1 
 
 * When Lord Chancellor Ponfonby obtained a filk gown, an 
 accident arofe \vhich led to the following attempt, fo characler- 
 iftic of that troubled IriiK period, and its projected party move- 
 ments ; He WHS elected a Bencher, in the ufual courfe, on be- 
 ing appointed King's Counfel ; yet fuch was the negligence of 
 King's Inns entries, that his name, as fuch, does not appear 
 upon the books. The Tr.eafurer's refearch equalled this detec- 
 tion, who reported it to the Chancellor, and told n;e with appa- 
 rent exultation, that Mr. Ponfonby's bencher/hip hung on their 
 pleafure, but at the fame time added, that it fheuld not be en- 
 forced for any difference in political opinion?:. I cautioned the 
 Treafurer againft a circulation of fuch an imagined party ma- 
 noeuvre, as it mull lead to a parliamentary review of the Soci- 
 ety. Poffiblya pliant fenate may decline the difcuffiori; but fuch 
 refufal would operate like an electric fpark upon the Prefs, and 
 roufe the united powers of Law, Satire and Eloquence, to vin- 
 dicate a glaring wrong, which ftruggle might alfo weaken or 
 change his fuuafion. Cerberus could not be moreeafily charmed 
 into fomnolence; for whenever partifans relumed the fubjecTt, 
 the Treafurer warmly declared, that a clerk's negligence fhouljl 
 not deprive any Member of a known right, or operate a^ainft 
 an hereditary practice. My political and perfonal attachment to 
 the prefeat Chancellor poflibly injured the Society more than 
 20,0001. ; for the interior of the King's Inns would be then in- 
 ilantly exhibited to the Britifli Empire; but the labour of this 
 lengthened compilation may operate as a penance for tha^ well 
 mifiake.
 
 KING'S INNS. 563 
 
 fBcial accuracy, financial integrity, and literary ar- 
 rangement. 
 
 In the latter eflential quality truth obliges me to 
 affirm the preceding book to be extremely defective ; 
 its entries ieem to be the vacation exercifes of their 
 venerable author, narrowed and amplified as me- 
 mory ferved, or inclination and leifure directed ; ma- 
 ny are therefore totally omitted. In this inftance I 
 will treat the reader as profeflional duty would bind 
 me towards an enlightened Judge ; one proof mail 
 be adduced, concife, appofite, and authentic. There 
 is no entry from the 31(1 of January, 1793, to the 
 1 7th of November, 1793, two complete Terms, in 
 v/hich there mud have been meetings for the admif- 
 fion of Barrifters, Students, and Apprentices ; be- 
 fide, three thoufand pounds were received within 
 that period, and better than one thoufand pounds 
 expended on incidental and new expences, without 
 any recognifed authority from the Bench. Two if- 
 fuable Terms alfo interfered without notice or ac- 
 count, as if the {landing rule of 1789 had became 
 an illegible ancient record? 
 
 If defective entries merit fuch animadverfion, im- 
 proper furplufage is entitled to equal cenfure : ob- 
 jections, poftponements, and enquiries are exhibited 
 in unnecellary length ; then brought to an abrupt 
 conclufion, and the reafons for final decifiqn en- 
 tirely withheld from view. In the preceding in- 
 fiances the names of gentlemen need not be conii- 
 pued, where the object was contradicted, defied, 
 
 or
 
 564 HISTORY OF THE 
 
 or completely trampled under foot ; but favourite 
 principles and perfons mud be protected from pro- 
 phane expofure, or the laboured machinery might 
 be rendered ufelefs, \vhilfl baneful precedents are 
 exhibited, which juftice mull confign to the con- 
 tempt of impartial and enlightened poiterity. 
 
 Yef \vhat credit ought an interefted entry or un- 
 publifhed record have againft peribnal freedom, pre- 
 fcriptive practice, or Statute Law ? It would be a 
 bafenefs well deferving fervitude, in legal Praclicers, 
 to fubmit to fuch {hallow defigns. Where antiquity 
 lent a doubtful, or even reprobated example, it was 
 to have biblical weight ; but principles of reafon, or 
 the practices of heroic anceftors were to be treated 
 as innovation or romance. The internal concerns 
 of the Society refembled the pofidon of the nation 
 at large ; every accidental abufe of the Englifii fyf- 
 tern became a recorded authority ; even words re- 
 ceded from their ordinary meaning to fupport tax- 
 ation, and fanclify jobbing. The reader has already 
 ieen vhe motive for every variation, with the corref- 
 ponding eflect ; he will therefore fee} no difficulty 
 in a transition from intereiled mifreprefentation to 
 the pen of indifference and truth. The Treufurer 
 \vas at all times the principal officer of this voluntary 
 atfociation, which fituation was no further profitable 
 than than the party often contrived to obtain a leafe of 
 King's Inns ground, and transfer the fame to pof- 
 terity, as was the cafe with 6Vw/ry, Tuvple., Lowthcr, 
 Meredith , and other Trealurers. \Vhen the eihite 
 |iad been completely i^^xpf^d of, all patronage or 
 
 profit
 
 KINGS 
 
 profit ceafed, for the few remaining rents were bare- 
 ly fujficient, with termly penfions and admiffion 
 fines, to uphold collateral houfhould expences. la 
 this manner matters flood until the fufpenfion of 
 Commons and abandonment of Chambers in 
 1742. 
 
 An event then arofe, credible only ia an Hiilory 
 of the King's Inns : As the Society funk into a de- 
 cline of poverty, its management became more pro- 
 fitable. Chancellor Bowes, fatisfied with official 
 attention to his Sovereign's confcience in this in- 
 ftance, neglected his own. This Treafurer conti- 
 nuing twenty-five years, and to his death, contri- 
 buted to ilrengthen a popular and professional mif- 
 take, that the office was an apennage to the Great 
 Seal, To that fentiment, or a difpofition to flat- 
 tery, the reader will impute holding that ftation 
 open until the appointment and arrival of Lord Lif- 
 ford. That nobleman had no literary tafte, nor in- 
 deed did he render himfelf contemptible by an af- 
 fectation of it. The track of office was, however, 
 eafily attained. The Steward gave him the humble, 
 but ufeful inftruction of receiving the rents, or 
 other profits, and being fatisfied therewith. No al- 
 teration diflurbed this quiet, until the well-known 
 Statute of 1782 threw in added fees, and rendered 
 the receipt more lucrative, without any benefit to 
 the profeifton, or ufeful national object, 
 
 The reader cannot forget with what promptitude 
 a Treafurer was elected on the death of Lord Lif- 
 
 fordc
 
 HISTORY OF THK 
 
 ford. Dignified refolves accompanied that change^ 
 and operated as a temporary atonement for preced- 
 ing malpractices. Vices often referable poifons, 
 and as powerful medicines are extracted from the 
 latter, ialutary principles flow from the former. No 
 theory fo guarded can protect King's Inns manage- 
 ment with more powerful effect than an authentic 
 exhibition of its fyftematic progrefs. Each ruling 
 party profeffed reform, and made it the fcreen of 
 concealed enquiry or further peculation. Let us 
 fortify thefe awful, but ufeful principles, by modern 
 and undoubted facts. 
 
 Since the death of Lord Lifford, better than 
 100,000!. has been raifed by difcretionary affefU 
 ments or legal ftamps, of which fum full 40,000!. 
 has been wafted or mifapplied, and an expenfive, 
 doubtful, fingular fuit, inflituted to afcertain the 
 remaining expenditure. An extorted publication of 
 accounts afcertains that folemn fact. Without fuch 
 added light, dominion would appear a fyilem of 
 myftery, and men of fenfe be destitute of any clue 
 to unravel its object or end. A fimilar income Hill 
 fubfifts, and requires equal notoriety as to its necel- 
 fary application or ufe, whiift an enlightened body 
 feem called upon to afcertain legal rights, and make 
 inltitutional rules or internal management afiimilate 
 with the profeffional focieties in Great Britain. 
 
 I have exhibited ancient, exifting, or approach- 
 ing abui'es ; but with a more ardent defire to ap- 
 plaud diftinguiflied worth and unfuliicd integrity ; 
 
 the
 
 KING'S INNS. 567 
 
 the former exertion, however, is necefTary to give 
 weight and confiftency to an indulgence of the lat- 
 ter. Under the influence of fuch fentiments, the 
 reader will naturally expect my undifguifed opi- 
 nion on the operation of preceding practices, and 
 what fpecies of improvement is moll likely to give 
 permanent dignity and acknowledged integrity to 
 the Society of King's Inns, yefpecially as that body 
 fanctioned for the laft fifteen years fo many repre- 
 
 1% sir\ 4i Vv I v-i ,- y"Vr* 
 
 Such continued and verfatile variation has pro- 
 duced a fingular and unexampled appearance ; new 
 and heavy taxation finks under the preifure ; build- 
 ings have been in forwardnefs, whofe beauty cannot 
 atone for the expence ; ground has been taken, and 
 the mifchief perpetuated at a rent fo extravagant as 
 to mock, by comparifon, all furrounding jobs j the 
 old eftate artfully and precipitately leafed ; whilft a 
 fituation is fubflituted, diftant from the Courts and 
 Public Offices, and in no refpecl central or conve- 
 nient to Praclicers and Suitors j the. ancient and 
 conftitutional connexion of the Irifh Society with 
 the parent Hock weakened, if not -entirely dif- 
 iblved. 
 
 The profeffion of Attornies blemimed by a pre- 
 fumption that they are difmclined to take proper 
 apprentices, and indifferent to perfonal charac- 
 ter or profeffional dignity ; . which innovation has 
 been productive of a double mifchief, for the judi- 
 authority is removed to a greater dirtance, 
 
 whereby
 
 568 HISTORY OF THE 
 
 -whereby an ancient and beneficial principle of Law 
 is nearly fubverted, whilft the folemn public opinion 
 of fvvorn miniiters of juftice is anticipated or coun- 
 teracted by the concealed votes of a mixed body> 
 imguided by fimilar rules, and irrefponfible to any 
 known tribunal for the due exercife of difcretionary 
 authority. 
 
 The Royal character has been in every part of 
 this fyltem defrauded of fe ancient influence ; and 
 acknowledged prerogative through both hlands 
 trampled under foot. This novelty favours of de- 
 mocratic craft or an oligarchic defign, and has fane- 
 lined fchemes equally hoflile to the dignity of the 
 Crown* and the intereft of the fubject ; for a bar- 
 rier 
 
 * Let us fee how prerogative has beqn {"mothered by crafty 
 rnen, for the purpofe of narrowing Society management into 
 party control. Mr. Ifaac Corry is a Barrifter, and was for fonie 
 years Chancellor of the Exchequer; Sir John Newport, the 
 prefent pofleflbr, is alfo a Barrifter. The ulual compliment due 
 to that high judicial ftation has been withheld by this abfurd 
 limitation. Earl Donoughmorc is a Barrifter, whom legal de- 
 fcent might introduce, and Exchequer fituaticn entitle, to fimi- 
 Jar rani:. Earl Buckinghamshire is heir to as great a Judge as 
 ever graced Weftminfter-hall. Mr. Wefley Pole, a defcendanf 
 of many ancient Irifli Judges, and even of an original Grantee 
 in 1542. Earl Limerick, heir to that true Patriot Lord Vif- 
 count Pay. Earl Granard, heir to the rr.ofl fpirited pppofer of 
 Jair.es II. and what operates with me as a great collateral merit, 
 brother-in-law ro Earl Moira. Would the preceding lit! repub- 
 licanife a legal Society, or tarnifli an honorable roll? In the Char- 
 ter we fee the Seymours, yet they as well as the Knoxes, oin" 
 pcrs of King's Bench and Common Pleas, whether disfranchifed
 
 KING' 
 
 Tier is oppofed to his Majefty, and the profcffion 
 by the limitation of Benchers ; cooptatkm confirms 
 the malady, and creates a mutual interefl to protect 
 fuch abufes as accident or defign may introduce even 
 into the bcft regulated fyftem. The introduction 
 of Attornies apprentices did thefe young perfons no 
 fervice, and fixed an improper ftigma upon their 
 matters. The ad minion and termly attendance of 
 Students imply edly repealed exifling Statute 
 Law, and tended to a future feverance of both kin^ 
 
 o 
 
 doms, prefenting to that horrid principle a precedent 
 and apparent excufe. 
 
 If any part of the community mould cling to a 
 conftitutional union of both iflands with added vi- 
 gour or energy, it muft be the legal body. Was 
 King's Inns management to be purchafed at fo fe- 
 vere an expence ? Yet without fuch a view, what 
 could be fo befotted as the change of fituation for 
 youthful fludy ? Nor were the periods of adoption 
 and revival lefs alarming than the principle itfelf. 
 At the former moment, in the year 1782, the con- 
 nexion of this country with England had almoft be- 
 come merely fcederal j preceding legal mifmterpre- 
 
 tation, 
 
 without caufe and entry, or not defied, both fcetn to lye un- 
 der fimilar profcription, with about twelve of his Majefty's 
 eounfel, two Serjeants, the Solicitor Genera], a Mailer in Chan- 
 cery, and the Utter Bar. If King's Innj innovators were equally 
 refpeftable for birth, courage, fortune, or talent, fuch a cata- 
 logue might relieve the feelings of vain perfons, as if the Soci- 
 ety's internal tyranny nnd plunder received an adequate counter 
 poife in the- luftrcof dignified oppreflbrs.
 
 57 HISTORY OF THE 
 
 tatioft, and afiumed fupremacy of Eriglifh Govern- 
 ment, threatened its utter fubverfion. In the year 
 1792, republican maxims were circulated with an 
 infane induftry, and the legal links between both 
 kingdoms branded with 'the harfli and unmerited 
 names of Englifh tyranny and Irifh fervitude ; nor 
 was my fear without foundation, or the principle 
 permitted long to ilumber in abeyance. 
 
 In Hilary Term, 1793, three Students applied 
 for a call to the Irifh Bar, merely by anfwering the 
 new created attendance at the King's Inns. Peffons 
 unfworn may wilfully or unknowingly overlook an an- 
 cient Statute, and even affect to confider it obfolete ; 
 whilft the Chancellor and Judges are bound to re- 
 member and obferve the entire exifting code. The 
 prevalence of public fentiment was thereby exhi- 
 bited with an inconfiderate vanity in the individuals 
 to create a new legal precedent, which mifchief, 
 however, originated from obliging Students to at- 
 tend at King's Irms in defiance of ufeful practice and 
 Statute Law. Interefted innovation and eccentric 
 claims mark, in chequered variety, different Mem- 
 bers for the lail fifteen years. The mild or quiet. 
 fpirit of calm and difmterefted men was unequal to 
 uphold habitual and correct principles againil the 
 active perfeverance of vain or defigning reformers^ 
 
 But if the profeflion rs roufed into action, inter- 
 ference mould be exercifed with cool wifdom and 
 public fpirited views : fuch conduct forms the only 
 fpecific which can radically correct or remove thefe 
 
 fingular
 
 fmgular and irregular variations. Let ancient cuf- 
 toms meet proper refpect without fervile adherence, 
 and neceffary alterations be adapted to the benefit of 
 future generations without attending to the tranficnt 
 humour of the prefent time. Legal fludy, unie- 
 duced by avarice or ambition, inclines men to che- 
 rifh order and well-balanced authority. Such is the 
 fyftem which the Engliih code exhibits in theory, 
 and enforces by practice ; it mufl therefore be a 
 folecifm that legal Practicers fliould not, within their 
 own circle, eftablilh that integrity and freedom of 
 which, through fociety^ they are the kmown inter- 
 preters. 
 
 The King's Inns, as a voluntary afibciation, . can 
 fanclify correct arrangement, and if an Act of Par- 
 liament be requifite, the whole body may concenter 
 their judgment, and poffibly anticipate the voice of 
 national wifdom. Let an attainment of power or 
 feparate rank ceafe to be the chief object, and the 
 Society will no longer fuftain a blemifh by rules 
 which are either unknown, or when publilhed ex- 
 cite alarm and difcontent. Preceding evils may 
 thus operate as an ufeful leflbn, and fanciful orders, 
 which have loofened our connexion with the filler 
 kingdom, yield to new bonds of internal concord, 
 and fettled refemblance to the Engliih iyftem. 
 
 The mod ruinous vice of cur . time is an hafty 
 and felftfh fpirk of reform. Camelcon-like, it af- 
 fumes every fhape, and affects to relieve mankind 
 from the trouble of taking care of their proper in- 
 
 tereft.
 
 572 HISTORY OF THE 
 
 tereft. \Vere all exifting Benchers examined^ and 
 deceafed brethren invoked for the awful purpofe, 
 how few would avow, or even recollect, the feveral 
 novelties collected in the preceding pages. The rea- 
 der mud excufe me for adding, though recent the 
 period, and authentic the documents, my fituation 
 frequently refembled that of the painter who trem- 
 bled at his own drawing, merely becaufe the pic- 
 ture was natural. In whatever country revolutions 
 prove fuccefsful, or innovations become the ruling 
 order of the day, the aftor in fuch bufy, and gene- 
 rally guilty fcenes, will feel a fimilaf furpfife if he 
 furvives to perufe that hiftoric page ; whilft authen- 
 tic facts mud favour of romance, when compared 
 to the profeifed fchemes of parties on the outfet. 
 
 By \vhat enchantment could Makme or Tifdall 
 anticipate the exifting Situation of the King's Innsy 
 if the profeffion exhibited an uncommon elevation 
 of obfcure men, an unblufliing forwardnefs com- 
 bined with an ardent appetite for power> and an un 
 difguifed purfuit of felf-intereft with a perjured de- 
 nial of fuch intention, an awful change wonld be 
 predicted ; but mould the fearful event be verified 
 by a variation of liberal rules, and gentlemanly cuf- 
 toms for tyrannic mandates and pedantic exerdfes, 
 indignation muft fmother furprife. Even in that 
 hot-bed of legal or political reform, the Gallic na- 
 tion, a greater third for dominion, a more arrogant 
 difpofition to abufe it, or a more concealed manage- 
 ment for the attainment, has not been difcovered or 
 difplayed* 
 
 Fortunately
 
 KING'S INNS. 573 
 
 Fortunately the means to ftrettgthen or perpetu- 
 ate this mifchief are on the decline. Our incorpo- 
 ration with the fifler kingdom mud bring the influ- 
 ence of local faction or growing reparation into ad* 
 ded difrepiite. , The Britifh Empire is interefted in 
 this great meafure ; honor or infamy muft therefore 
 proportionably attend individuals who re-eftabiifli 
 former order, or confirm the difloyal change* Prin- 
 ciples require adoption which do not lead to an in- 
 dulgence of power, partiality, or jobbing, but the 1 
 permanent benefit and juft protection of all legal 
 Practicers. 
 
 Be it remembered, that heavier taxation has 
 teen levied in Ireland for the King's Inns within the 
 laft fifteen years, than Great Britain exacted or ex- 
 pended for fimilar purpofes in half a century. Mean- 
 time, has affected reform led to improvement ? whe- 
 ther referred to projected Chambersj legal lectures, 
 claffical learning, or conflitutional inflruclion. Have 
 the promifed rules been fteadily adhered to, or only 
 upheld and receded from as felf-intereft or party 
 principles infpire ? As the fpirit of innovation ex- 
 tends its mod powerful operation over future Mem- 
 bers, in what manner will the morality of youth^ 
 among a free people, be affected by a vifible abufe 
 of ufurped power, a negligent abandonment of con- 
 fidential duty, a direct breach of truft, or an obili- 
 nate adherence to detected error. 
 
 The inftitution merits perpetual eftablifliment; and 
 when alterations correfpondent with our imperial 
 
 connexion,
 
 574 HISTORY OF THE 
 
 connexion, and aflimilating thereto, are adopted, 
 there can be no doubt of a genera? concurrence in 
 the ufeful defign. The firft movement to this great 
 end will be an immediate publication and proper dif- 
 tribution of the termly accounts ; to the obfervance 
 of which, an exifling and mod ufeful rule binds 
 the proper parties ; otherwife King's Inns concerns 
 will be as unknown in Dublin, as at Madrafs. Go- 
 vernment and Parliament may then encourage the 
 inftitution by the payment of a jufh debt, for up- 
 wards of 50,000!.* attaches as compenfation for 
 
 the 
 
 * Let me concifely fcate the extent and foundation of this im- 
 portnnt claim j however, previous to a final fettlenient or -full 
 Compenfation, the real amount can be afcertained with integrity 
 and precifion. Six hundred and thirty-four feet, or upwards, of 
 King's Inns eftate has been occupied and built upon by Govern- 
 ment for great national purpofes, under the exprefs direction of 
 Parliament. One guinea and an half per foot could be eafilr 
 got for this front ground, which alfo extends one hundred and 
 lixty feet in depth. A rude eftimate makes the annual income 
 one thoufand pounds. Thus, fince the year 1776, 30,0001. h~s 
 become due. 
 
 Government fliall have their election to pay this moderate 
 perpetual rent, or to become the proprietors bypurchafe. Where 
 fuch an honeft folvent tenant is in poifelfion, and under extremely 
 moderate terms, I cannot rate the inheritance at lefs than twenty 
 years purchafe. Thus, 50,0001. remains due to the Society of 
 King's Inns. The value of many hundred fquare feat are 
 not included, but which have been attached round faid buildings 
 to render them fecure from fire ; this would curry correct calcu- 
 lation to nearly double the above fum. The kingdom at large, 
 and Dublin in particular, will ctnfider full and intrant compen- 
 kuua a wife, an honeft, and popular act. Such a legal fixture
 
 KTXG'S INNS. 
 
 the ground now under the Four Courts and Public 
 Offices. Tiiis%und will remove every embarraff- 
 ment. 
 
 As the reader muft be fatisfied that it is equal tc> 
 the completion of the Public Buildings, with the 
 addition of a proper place for prayer, and a confi- 
 derable furplus towards the erection of Chambers, 
 that fund will alfo afford an immediate fupply ta 
 the Library, whenever that part of the building ap- 
 propriate thereto is ready for the reception of books. 
 Were the -whole grant a voluntary effufion of Royal 
 munificence and parliamentary wifdom, it muft re- 
 fleft honor dn both,- and be gratefully felt as a po- 
 pular meafure by every friend to his King and Coun- 
 try. It will form a dignified epoch in Irifh Hiftory, 
 that after the political convulfions of the laft fifteen 
 years, a Temple was erecting in this favoured ifle, 
 confecrated to Liberty and Law 5 and that the pref- 
 fure of war fo little affefted public peace or profpe- 
 rity, in a national or financial point of view, as not 
 to abrogate or fufpend the execution ; whilil the 
 Continent groaned under hereditary tyranny, or the 
 more degrading dominion of felfifli innovation and 
 hypocritic reform. 
 
 The great preparatory ftep to this King's Inns 
 iflabliUiment will be a correct arrangement of pre- 
 
 2 ceding 
 
 not only pleafe loyal and learned Tnfluncn of an elevated 
 rlafs, but gratify the laudible prejudices of an hi^h-mind.d po- 
 jnilace, and furnifli thein with a new uwtivc to revere am. 
 Law, eftablilhed Monarciiy, and acknowledged Freedom,
 
 57O HISTORY OF THE 
 
 ceding management and exifting accounts. The 
 fyftem of the laft fifteen years exhib* a prominent 
 feature of the times, and (it mufl be added with in-* 
 dignant grief) of the country, in the unfettled ftate 
 of pecuniary concerns between the late Treafurer 
 and the King's Inns Society at the time of his death. 
 His receipts and difburfements were not audited for 
 the nine preceding years. Such neglect was highly 
 Criminal in itfelf, though no lofs mould refult there- 
 , from. This fable memorial forms an original pre- 
 cedent fuited to a fingular hiftory, and which merits 
 the notice of remote pofterity. 
 
 Printed abflrafts were made out for the nfe of ther 
 Society, and carefully diftributed among the Bench- 
 ers, or other Members. This poffibility of an im- 
 mediate review aggravates official mifconduft, which 
 mifchief mufl inevitably attend every public body^ 
 if the party adminiftering taxation has a concealed 
 or confined control over the immediate audit of ac- 
 counts. Let King's Inns rulers humble themfelves 
 to the level of Minifters and Senates ; public cha- 
 racter will be thus preferved by an encouragement 
 of open enquiry. The legal profeilion in Ireland 
 has received' a molt important change by the Union ; 
 as few practifing Barrifters can fit in Parliament,- 
 fuch fituation will not form an exclufive path to 
 promotion, nor ambitious parties find the manage- 
 ment of that body, by direct dominion or fecret influ- 
 ence, equally interefling. The political pofition of 
 the Four Courts will nearly referable its ftate under 
 George II. when a faleable reprefentation was not 
 
 oclennially
 
 KING'S iN't;s. 577 
 
 p&ennially offered to the ambition or avarice of le- 
 gal Practicers. Whiift Law and Politics mutually 
 recede by a fengthened line of feparation, State 
 craft muft lefien at the Caftle, and the Cabinet of 
 London be freed from Irifh courtly control. The 
 abufes of aflumed fupremacy, or influence of do- 
 meftic parliamentary corruption, will no longer 
 counteract the jnduftrious habits of Irifh men; im- 
 proved manufactures mult attract commerce, whic!} 
 purfuit will work a national change of manners, 
 and infufe prejudices fimilar to thofe of Britilh fcl- 
 Jow-fubjeSs. 
 
 A review and publication of Irifh eftablifhmenfs, 
 with a faithful comparifon between them and Britifh 
 practice, muft gradually lead to that defirable end. 
 This reciprocity of literary and political intercourfe, 
 will give added flrength to the Union, explode un- 
 wife national antipathy, and prepare poiterity for 
 an enjoyment of that wealth, freedom, and happi- 
 nefs, which firm loyalty, faithful union, and un- 
 fhaken public fpirit, will certainly acquire. Every 
 century fince the Conqueft produced an important 
 change in the fituation of each ifland. Law has. 
 
 O f 
 
 during that period, upheld a fuitable afcendancy of 
 progreffive improvement, and thereby became an 
 unceafmg iaflrumeiit of imperial profperity. 
 
 The introductory path to that ufeful profeffion a 
 with correct regulations for exifting Members, be- 
 comes a fubjet not unworthy national notice or 
 Jloyal countenance. A ditll a rence on that impor-
 
 HISTORY OF THE 
 
 tant point between Englifh and Irifh Practicers eg- 
 hibits an anomaly to our prefumed political connex- 
 ion. But when the variation has produced perfonal 
 and profeliional mifmanagement, or prefents at a 
 period, no matter how remote, a profpective fepara- 
 tion, fuch grievance ftrongly affects every part of 
 pur extended empire. 
 
 The hoflile factions of Ireland muft change their 
 views j an inlerefted ariflocracy will not be permit- 
 ted to make the ilander of opponents a paffport to 
 power or promotion ; nor legal and political innova- 
 tors confine their influence to Irimmen. As fuch 
 fpeculation can only be reduced to practice by meet- 
 ing countenance and fupport from Britifh Senators, 
 I fubmit thefe obfervations to the preceding clafles 
 of active flatefmen, as an inducement to an altera- 
 tion of manners, and moderation in felfifh purfuits. 
 
 To the great body of my countrymen I refpedt- 
 fully recommend a ftrict and animated adherence to 
 eftabl'i/hed Law. Great Britain within itfelf has 
 fliewn what effect two centuries will produce on a 
 wife and ertterprifirig people. The fame period has 
 alib worked a complete change in the political 
 itrength of Ireland, and the perfonal views of its 
 inhabitants. Unmerited perfecution and fyftematic 
 flander engendered an hardened bigotry or attach- 
 ment to miichievous cufloms. 
 
 Equal as Irimmen undoubtedly are to the ancient 
 Romans in mental capacity or martial fpirit, let them 
 
 alfq
 
 INXS. 579 
 
 aifo rival them in civil wifdom, and adopt not only 
 the approved practices of united fellow-fubjefts, but 
 even of political foes. Necellity enforced fuch 
 change in foreign lands, and patriotifm fliould tranf- 
 plant it to their native foil. The time has arrived 
 when fimilar fentiments fuit the native inhabitants of 
 the united kingdoms. 
 
 The imitative fpirit of Irimmen maybe accounted 
 for by the political jituation oi this country. Official 
 fraud, legal tyranny, and public plunder, gave to 
 natives, unconnected with fuch faction, a refllels 
 roving temper, and confirmed, in exile, an hatred 
 to domeftic eftablimments. What found policy 
 ought to difcourage in the reign of James I. has 
 been completely corrected in our time by eftabliihed 
 Law. Let them then in future rally round a ftan- 
 dard, which by unerring influence unites perfbnal 
 profperity with public freedom. That growing fen- 
 timent will enforce the following opinion : That an 
 jaflimilation of Irifh Law* in all poilible points v 
 
 the 
 
 * Nothing is further from my r.iind than mere imitative uni 
 formity ; 1 would profcribe fuch fcrvile rcfcmWanee, but lub- 
 ftitute the provident fpirit of linglilh Law for intereftcd innova- 
 tion and unprincipled patronage. Calm reflection and cxtcnfivc 
 review may tlius counteract precipitate Ivijiflitipn, as well as 
 purge the Statute Hook from any ex'ifting bkmiilj. The Iriih 
 Place Bill illuftratcs, as by a powerful comment, the folly of ilj- 
 ponfidercd imitation. The Union exhibited that Statute as only 
 adding, like the conveyance by Icafe and re-lea fe, a new fcn- 
 tence or implied engagement to the transfer of borough property, 
 ..ntircly in aid of Govcrnaivjnt. I..ord .Vlan ; tLld's cruicifin 
 
 on
 
 580 HISTORY OF THE 
 
 the Englifh fyftem muft in a fhort period work a 
 material alteration in the political habits of the 
 people. 
 
 When that fortunate moment arrives, the place 
 of nativity will not become a fubject for criticifm or 
 cenfure ; the relative fituation of individuals only 
 attract notice, and libellers of either iiland fink into 
 merited contempt. By this means Jrifh eftablifh- 
 ments flowing from Royal bounty muft be fairly 
 directed to their original defign, and rendered im- 
 pervious to the dominion of domeftic faction, whe- 
 ther wielded by the talent of oppofition, or the 
 ftrength of official ftation. 
 
 A fpirit of dominion and luft for patronage were 
 the motives which led to King's Inns innovation ; 
 thereby the approved and llatutable approach to the 
 Irifh Bar has been pbftructed, to the poflible dif- 
 pnion of both iflands ; whilft the ancient liberal 
 link, under which Attornies affociated with legal 
 profeiibrs, has been exchanged by ufurped autho- 
 rity into unexampled fervitude. Interested jobbers 
 may fmile at fuccefsful miichiefs, which proclaim 
 
 the 
 
 on two Statures merits perpetual remembrance. " Thefe I.nws 
 haye been dire&ed to the fame objeft, at the durance of three 
 centuries each from the other, and make new provifions; whereas 
 the Common Law warranted fuch, and with more complete ef- 
 fet." The obfervarion of our countryman, Lord Ktuchinfon, 
 ihall be adopted in my intended comparifon, or review, who, in 
 converiation- trpon tlie -tubjeft, faid, *' Many internal Laws we'll 
 fuit ono kingdom, which would be unfit for the other." A fen- 
 tinient alike pregnant with integrity and wifdom, and worthy of 
 enrolment in the Temple of Irilai Legislation.
 
 KING'S INNS. 
 
 the triumph of cunning over common fenfe, and 
 oppofe private defign to profeffional integrity. 
 
 But Minifters, Senators, and legal Prafticers, owe 
 it to their own honor, and by the ties which bind 
 all good men to the country, to remove an encreaf- 
 ing danger. The manners of legal ftudents will be 
 thus moulded to a fupport of our excellent Confti- 
 tution in all its branches. Uniformity of education 
 upholds this pillar of imperial ftrength ; for men 
 accuftomed to alternate fervitude and defpotifm can- 
 not faithfully adminifter Law in a mixed govern, 
 ment, as fuch vicious habit muft familiarife them to 
 a crafty mifmterpretation or tame furrender of na- 
 tional rights. 
 
 vr , the Benchers of the faid Society, 
 ing full power and authority to make and ordain 
 Rules and Orders, for and concerning the bii/i r 
 mjs and praftife of Attornies, and for their 
 admiflion into the faid Society^ as Members 
 thereof; and for and concerning the admiffion 
 of Students into the faid Society ; and for and 
 concerning their being generally admitted into the 
 faid Society -, and to Ranks and Degrees therein; 
 and for the advancement of Knowledge in tht 
 faience and praclife of the Law ; 
 
 And
 
 5'?2 HISTORY OF THE, &C. 
 
 And being convinced cf the importance of I he 
 truji. committed to us, and that the fafciy and 
 enjoyment of the Perjons, Property and Charac- 
 ten of the Inhabitants of this Kingdom^ greatly 
 depend upon the knowledge and integrity nf 
 thofe who are permitted to profefs and pra'Sfife 
 
 the fcience and buflnefs of the Law. 
 *> v v' * 
 
 And confcious that as the grant* of that per- 
 
 y O *> 
 
 wiijjion is enirvjhd to us, the reproach and crime 
 ivill both be ours, if at any time <we Jhall admit 
 into this Society -, through fear^ favour, or affec- 
 tion, or ftgHly-) or unadvifedly*, any improper 
 or incapable perfon, or finding him g^fsly Juch^ 
 Jliallfvffer him to continue therein, 
 
 Therefore^ that the means of information and 
 improvement may be provided and heldforth to 
 all; and that the Public may not be deceived by 
 the fanclion of this Society's name ia-viflied upon 
 fhe undeferiing) 
 
 GENERAI, 
 
 * The varacity of this paragraph, in point of legal right, ap-j 
 pears perfectly typical of the profefled integrity which concludes 
 it. Preceding practice and authentic records contradi& the af- 
 fumed ufurpation. Well may a nation feel juft alarm when men 
 capable of promulging known falfliood as eftabliiTied Law, were 
 Legiflators, Judges, and Statefmen. It, howpver, received a 
 taint of fuch manners, whereby pofterity will find that period of 
 1'rilli annals, " ofimuin caftbiis, atrox prtfliis, difcvrs frd';^ 
 jionibus, iff a etjam pace far urn."
 
 GENERAL RULES, 
 
 IT is ordained., 
 
 I. THAT from and after the firfl Day of Hil- 
 lary Term, 1794, all computations of Time in the 
 Books, and Bufmefs of the Society, mail be by 
 Terms ; 
 
 u. And that all Meetings of the Benchers mail 
 be in the Hall* of the Society. 
 
 in. That from and after the faid Day, no perfon 
 mall be admitted a Member of this Society, neither 
 fpecially (as a. Student) nor generally, until he has 
 given fecurity by the Bond of two fulficient Perfons, 
 
 ieverally 
 
 * As if Providence intended to mark thefe rules by contradic- 
 tion, I never knew a Bench meeting in the Hall of the Society; 
 fuch have been held in different places; fometimes in the Old 
 Library, in the Librarian's room; in the Treafurer's OrHce; at 
 the Chancery Chamber; and before the Union, at the Chancel- 
 lor's chamber in his own houfe, or that of the Parliament. This 
 is no trifling confufion or difappqintiiier.t to perfons who 
 bufmefs at luch meetings.
 
 GENERAL RULES. 
 
 federally bound in the Aim of IQO!.* lawful Mo- 
 ney, of * this Realm, for his obeying, obferving, 
 and performing all Laws, Rules and Orders of this 
 Society, and paying all Penfjons, Commons, and 
 Duties to the fame. 
 
 iv. That from henceforth when any Rule or 
 Order mall be propofed, for the better government 
 of the Society, the lame mall be ported up in a 
 confpicuous part of the dining Hall, eight Days in 
 Term, at leaft, before it mail be confirmed. 
 
 v, That no perfoh fhall be admitted a Member of 
 this Society,! in order to his becoming an Attorney, 
 
 who 
 
 * Even this pra&ice was rendered opprelTive by an arbitrary 
 end improper conftruclion put thereon. The parties muft ber- 
 fident in Dublin. Though furetyfliip is no gaining trade, I ref- 
 cued the remaining parts of the nation from this unkind reftric- 
 tion. Having at the requtft of the Treafurer and Bench aded 
 <is Under Treafurer for one entire Term, when the clerk men- 
 tioned the office uf.cge, I gave it iuilant coBdemnation, and al- 
 Juwed two provincials, poffibly worth 40,QOQl. to join the prin- 
 cipal in a King's Inns Bond for 1001, 
 
 f Until this moment of national and profdlional difgrace, the 
 previous aduiiifion was never considered an indifpenfible prelimi- 
 nary to becoming an Attorney, though the latter fituation quali- 
 fied a gentleman to be a K ; ng's Inns Fellow. Whatman of pro- 
 fefiion muft not feel a pride in being enrolled with aged and digni- 
 fied brethren, until fervitude rendered fuch a Society difgraceful ? 
 Weftminfter judges have not been controled by fuch prefumption 
 from Englilh Inns of Court ; nor do I think it would be the lets 
 revoked from, if an evil ufage continued them Members inilead 
 
 If
 
 GENERAL RULES. ^3^ 
 
 Ivho has not ferved twenty whole Terms as an Ap- 
 prentice, to an Attorney, a Member, of this So- 
 ciety. 
 
 vi. That from and after the faid Day, no Attor- 
 ney mall take any perfon to be an Apprentice who 
 is not of the full age of fixteen Years ; the fame to 
 be verified by affidavit, before a Judge, or Mafter 
 in Chancery j n9r without an Order of the Bench 
 made upon a Petition,-* ftating, the number of Ap* 
 prentices the Attorney intending to take fuch Ap- 
 prentice, then already has ; his place of abode, and 
 whether he attends the Courts in Dublin, or not ; 
 the occupation, and place of abode of the Parents 
 of fuch intended Apprentice ; his age, and the 
 courfe of Education he has before pafled tfirough* 
 Such Petition to be lodged in the Treafurer*s Office, 
 before the EfToin Day of the Term ; to be by the 
 Tfeafurer, or his Deppty, read to the Benchers, 
 and afterwards filed, and carefully kept. 
 
 vii.- That before any Attorney's Clerk or Ap- 
 prentice fliall be admitted into this Society, in order 
 to his being fworn an Attorney, he mail be exa- 
 mined publicly in the dining Hall* of the Society, 
 Jn the prefence of the Benchers and the Society, 
 
 then 
 
 of being Vifitors of that bod/. It is alfo my firm opinion, that 
 when a cafe comes before an Irifli Court under the preceding 
 circmuttances, the decifion will be appropriate,- enlightened, and 
 juft. 
 
 * If this dominion over Attornles was ancient and Jegal, Hill 
 truth ought to accompany its enfoi cement. The preceding mum- 
 mery
 
 586 GENERAL RULES. 
 
 then there aflembled, by the fame Officers who no\v 
 e'xamine fuch perfons, and by any other Member 
 of the Society there prefent, who may think fit fo 
 to do. 
 
 vin. The perfon fo feeking to be admitted, /hall 
 alfo produce a Certificate of his good behaviour, 
 from the Gentleman to whom he ferved his appren- 
 ticefhip, if living, and in the Kingdom ; or an Affi- 
 davit of his death or abfence. And if any Matter 
 fhall refufe to give fuch Certificate, he mall afiign 
 his reafons to the Bench,* who mall determine whe- 
 ther they be fufficient or not, 
 
 ix. That 
 
 mery was never intended for ferious exhibition ; without a cha- 
 racter how could it be enforced ? Yet legal Prafticers have been 
 hitherto fuch tame and voluntary yaffals, that there feems no 
 ^law or ufage neceflary to confecrate their fervitude. The rules 
 Under that legal link had the following addition : " Such Peti- 
 tion to be afterwards carefully kept as evidence againft the per- 
 fon preferring it, in cafe it fhould appear at any future time, 
 that any thing not true was contained therein," 
 
 * Why apply to the Bench ; or what had Benchers in Eng- 
 land or Ireland to do therewith ? There is not a Scintilla juris 
 Serif li t aut unfcriffi to warrant this innovation. 1 have the At- 
 torniesrefolutions in November 1 792 now before me. If that period 
 of tremor and threatened defpotifmdid not awe them to filence, 
 inu.ft not a difplay of ancient rights roufe fpirited men to a claim 
 of profeflional independence ? Judicial authority governs us all ; 
 chat is not fervitude, but legal freedom, and widely differs 
 from an unfworn conclave of felf created governors. If tyranny 
 is only exercifed upon a few perfons, it at leaft envelopes the 
 profelfion,' and mull degrade the whole body in felf-eftimation,
 
 GENERAL RUI.RS. 87 
 
 ix. That from and after the lad Day of Michael- 
 mas Term, in the Year of our Lord 1793, every 
 Perfon defirous to become a Student in this Society, 
 fhall by Memorial fet forth the Name, Addition, and 
 Place of abode of his Parents, and the couffe of 
 Education through which n'e has before patted ; and 
 whether he has before been of any Profeflion, 
 Trade, or Bufmefs, and what the fame was, and 
 wherefore he quitted the fame ; which Memorial 
 fhail be figned by fofae Barrifter of at leaft forty 
 Terms {landing, with a. Certificate endorfed there- 
 on, of his knowledge, of at leaft of his belief, and 
 the grounds of it, of the truth of fuch Memorial ; 
 and fuch Memorial fo endorfed fhall be lodged in 
 the Treasurer's Office, before the Eflbin Day* of 
 
 the Term, 
 
 * 
 
 x. On fome Day in that Term, to be appointed 
 by the Bench, the Manorial mall be read by the 
 Treafurer, or his Deputy, in the open Hall; and 
 if no objection be then made, and allowed, the 
 MemofiaKfts mail be fpecially admitted into the So- 
 ciety as a Student in the fame ; and (hall then 
 declare whether it be his intention to commence 
 
 his 
 
 AJ well a? that of all their fcllow~fubjc6b. Let this refpeftable bo- 
 dy, at a public general meeting, calmly correft my errors, or 
 unopt for their life and prou-cYionAhe proffered Jliicld of Lr.w, 
 of Freedom, and of 7'ruth. 
 
 * I undcrRand that at this time the memorial muft be lodged 
 a/w// i\"f.d -before the cfToin d'ty of Term. The old edition of 
 rlie Rnles, in whntcver hands they may fall, would lead to er- 
 ror, and thi< material change has nor, I believe, been print
 
 588 6ENEK.A.L RULES. 
 
 his Studies in this Society, immediately ; or to re* 
 pair to one of the Inns of Court in England, for 
 the fpace of Time required by Law. 
 
 xi. If he choofes to proceed immediately to Eng 
 land, he mail be furnifhed with a Recommendation 
 to one of the Inns of Court there, for his Admif- 
 fion into the fame ; 
 
 xii. But if he choofes to enter upon his Studies 
 in this Society, and mall afterwards .conform by the 
 fpace of nine whole Terms, to fuch Rules as are, or 
 mall be, made by the Bench, for the Government 
 thereof, he mail have a Teftimonium of the fame, 
 and be recommended to one of the Inns of Court 
 In England, as aforefaid, 
 
 xiii. That any Perfon feeking to be admitted to the 
 degree of Barrifter, mail, on or before the Efibin Day 
 of Term, lodge in the Treafurer's Office, a Certificate 
 of his having kept eight whole Terms, at the leaft., 
 in that Inn of Court in England to which he mall 
 have been recommended ; and if admitted of this 
 Society as a Student, ' after the firft Day of Hillary 
 Term, in the Year of our Lord, 1794, a Certifi- 
 cate of his having kept Commons in the Hall of 
 this Society, and attended and performed fuch Ex- 
 ercifes as may be required, for the fpace of nine whole 
 Terms, at the leaft ; and mall, at the fame Time^ 
 lodge there, a Memorial, directed to the Benchers 
 of the Society, requesting his Admiflion to fuch 
 Degree j and ftating the Times of his Admiflion, as 
 
 a Stu-
 
 GENERAL RULES. 
 
 a Student, into this Society, and into fuch Englifh 
 Inn of Court as he may have ftudied in ; and alfo^ 
 his Age, and the Day on which he attained to that 
 Age. 
 
 xiv. And on the firft Day of that Term, a Lift 
 of fuch as mall fo memorial, fliall be given to each 
 of the Benchers, and a Copy of it potted in fome" 
 confpicuous Part of the dining HalL 
 
 xv. And on that Day fennight, the Memorials 
 mail be read to the Benchers in Council ; and the 
 faid Certificates laid before them ; and they mail 
 then admit, reject, or poftpone for further Confi- 
 deration, or remit to a further Profecution of his 
 Studies, fuch Memorialift refpeclively, as they mail 
 fee juft caufe for. And the Treafurer* mail caufe 
 
 R r a Lid 
 
 r 
 
 * This officer is affigned a proper place in the Charter Rules* 
 and his duties explained, though na fuch are printed out 
 in the prefent fyftein. The Under Treafurer is thus defcribed 
 in the former : ' The Treafurer fhall have a Deputy, for whofe 
 afts he ihall be refponfible to the Society." A patronage was 
 hereby ufurped, fubverfive of ancient rule, but perfectly fyfte- 
 nintic of modern innovation. With a view to uphold rind fanctify 
 fuch fyftem, " When a Bench Order required the Treafurer tj 
 give a lift of officers in 1301, the name of Under Treafurer 
 does not appear ; but all the duties of this prefumed temporary 
 Icrvant are referred to the principal; even the hours of office at- 
 tendance are thus entered : '' From twelve to four from a fortnight 
 before the f.rft day of Term, to the third day after the lutings 
 in the Court of Excheqncr." . No rule was then p; !.;:.! en- 
 forcing the publication of terinly accounts, though fuch exiits 
 on the King's Inns book. This has probably been th,.' caufe why 
 
 ntf
 
 5QO GENERAL RULES. 
 
 a Lift of the Names of the feveral Gentlemen fa 
 admitted, to be ported in a confpicuous part of the 
 timing Hall. 
 
 xvi. Provided, always, that none of the forego- 
 ing Rules or Orders mall extend to, or affect any 
 Perfon \vho mail have been entered in the Books 
 of- this Society, or any of the Inns of Court in 
 England, v or who have been bound Apprentice to 
 an Attorney, and his Indenture enrolled before the 
 firft Day of Michaelmas Term, 1793; but every 
 Student applying to be fo called, to keep tbe whole 
 of that Term in which he mail apply. 
 
 xvn. That for the Accommodation of all Mem- 
 bers of this Society, Commons mall be provided in 
 the dining Hall, during the Law Terrn j and in Va- 
 cation, during the fitting of the Court of Exche- 
 quer. ' And the Time mall be divided and com- 
 puted 
 
 noabftra&s appear irr print for the Society's infpection fince Tri- 
 nity Term, 1803. It is my firm belief, that the accounts have 
 been made up with regularity, but official 'delicacy and intrinfic 
 right enforce a public exhibition; befides, affidnous induftry may 
 enable me fo correct any pofTible error or forgotten matter ; ho- 
 neft perfons muft often, from ignorance, overlook or abandon 
 well-founded claims or rights my refearch is at the SocLr.'V, 
 fer vice without expcnce, notoriety, or delay. 
 
 * Commons now end on the laft day of the Law Term, and 
 commence on the firft fitting day. It was ufual to fend a gallon 
 of wine as a prefcnt from the Bench table to the fenior .Barrifter 
 and fenior Attorney's mefs. Commons were curtailed to abo'ifii 
 
 til IS
 
 GENERAL itULES. 
 
 puted by half Weeks, to commence on Mondays 
 and Thurfdays ; fo that if the firft fitting Day of 
 Term (hall be on Monday, or Thurfday, that day 
 mail be the firft Day of the firft half Week. But 
 if the firft fitting Day of Term mail be Tuefday or 
 Wednefday, Friday or Saturday, then the firft half 
 Week to commence on Thurfday or Monday foU. 
 lowing. 
 
 xviii. But if any number of Gentlemen, Mem- 
 bers, of the Society, not lefs than ten, mail, for 
 their own convenience, chufe to enter into Com- 
 mons at an earlier Day, or to continue longer, the 
 Caterer mail provide for them ; and all the Servants 
 attend on Days notice, for that purpofe, 
 
 left by fuch Gentlemen, in writing, fpecifying their 
 Number and Names, with the Porter. Such Com- 
 mons, however, not to be deemed Commons* kept. 
 *n purfuance of any Order of this Society. 
 
 xix. The fecond Thurfday in each Term to be 
 kept as Grand Day, and Exceedings on that Day 
 to be at the Expenfe of the Society. 
 
 R r a xx. The 
 
 this expence and that of the Bench table* which was intituled 
 to a fimilar quantity. At no period was fuch indulgence granted 
 to the fenior Student's mefs ; all wine is at this time p^id for. 
 
 * In the Charter Rules, Commons are not directly intro- 
 duced, though reference is often made thereto. A ft uvular 
 iinffion ! but the framers indulged fuch an appetite for defpot- 
 Jfm, as to fmk the Society Vglar -fuIteiwiKjs for the promotiuri 
 of that favourite end.
 
 59 2 GENERAL RyLES. 
 
 xx. The price of Commons to be fixed by the 
 half Week ; and in order that the Caterer may 
 know the number for \vhich he is to provide, every 
 Member of the Society, intending to come inio 
 Commons, mall pay the Price of the half Week's 
 Commons, at leaft the Day before the ftrft Day of 
 that half Week, at the Treafurer's Office,* and 
 ihall receive a Ticket for the fame, which is to be 
 delivered to the Porter the firft Day the Perfon fo 
 paying goes into Commons ; and in like manner 
 every fucceeding half Week. 
 
 xxi. Dinner to be on the Table precifely at five 
 o'Clock in Hillary and Michaelmas, and at half paft 
 Four in Eafler and Trinity Terms, and the Hall to 
 be completely cleared in two Hours after. N. B. Five 
 is now the fixed Hour in every Term. 
 
 xxn. That every Member of this Society, that 
 has been or mall be admitted fmce the firfl Day of 
 Eafter Term, 1792, mall keep and attend Com- 
 mons in the dining Hall, as follows ; or for each 
 Day's Abfence pay to the ufe of the Society, the 
 amount in Value of two Days Commons, as rated 
 for that Term, or Vacation, in which he mail fo 
 offend. And if he mail fo offend in a fecond Term, 
 he mall (if the Benchers think fit) be ordered to 
 attend the Table, and be admonifhed. And if he 
 
 fhall 
 
 * This ufeful regulation defervcs attention and enforcement* 
 Terms can be frequently claimed as if attended; arid what is more 
 material, I have known gentlemen refufed regular Certificates, 
 where negligence or drunktnncfs affected inferior officers. Ob- 
 fervance of this Rule prevents any initiate.-
 
 GENERAL RULES. 
 
 mall offend again after fuch admonition, he fliall be 
 fufpended.* 
 
 xxiu. Each Attorney at lead one half Week in 
 eack Term not ifluable, and one half Week in each 
 firft and laft Week in each ifluable Term, and at his 
 Pleafure in Vacations. 
 
 Provided, however, that no Attorney who has 
 been fworn, and conftantly pra&ifed for more than 
 twelve Terms, and has a fettled place of Refidence 
 in Dublin, mail be obliged to keep more than one 
 half Weekf in any one Term. 
 
 xxiv. That every Student mail keep two half 
 Weeks in each Term, and four half Weeks in the 
 Term in which he mall memorial to be admitted to 
 the Degree of Barrifter. 
 
 xxv. And every Barrifter of lefs than twelve 
 Terms ftanding, one half Week in Term, and one 
 in Vacation. And every Barrifter of twelve Terms 
 
 ftanding, 
 
 * An Irifliman ought to be fufpended, not from the Kind's 
 Inns Society, but from that of his conntry who would attend to 
 fuch unwarranted tyranny. The expence of a Charter I juftly 
 complain of, when its inoft exceptionable enactment is thus qui- 
 etly enrolled and carefully concealed, until time, the conlumcr 
 of other things, fan&ifies the fyftem. 
 
 f This is an obliging indulgence, where attendance was nei- 
 ther legally, nor by profellional allcnt, xecjuired.
 
 554 GENERAL RULES. 
 
 {landing, and not exceeding thirty two Terms (land,, 
 jng, one half Week in Term. 
 
 And it is hoped, that from regard to the Society, 
 and for example, thofe of longer Handing, Bench- 
 ers efpecially, will be at leail frequent in their At- 
 tendance, both in Term and Vacations. 
 
 xxvi. The Benchers not to receive any Meflage, 
 or Information, in the Hall, during the time of 
 Dinner, but by the Mouth of the Butler ; and 
 
 The Butler not to receive any Meflage to be car- 
 ried to the Benchers, but from the Senior* of a 
 Mefs. 
 
 xxvn. Each Mefs to confift of ten Perfons ; and 
 when a Mefs is not complete, they .are not to ex- 
 pect the Commons provided for a whole Mefs, but 
 are to be ferved in proportion, 
 
 xxvni. The Butler is to take Care, that the 
 Merles are full, and to fill up any broken Mefs from 
 the Table next below, fo that there may not be 
 more than one broken or incomplete Mefs on either 
 fide of the Hall. 
 
 xxix. Bar- 
 
 * This fingular reftrittiop flowed in ur.Jfon with the general 
 fvftem. The vice of trencher ariftocracy was encouraged to de- 
 lude fools, and ftill further degrade the profeifion. Negro chiefs 
 in like manner difplace their privileged Haves, if they can t>j 
 convicted of not being infolent, opprcfiive and cruel.
 
 GENERAL RULES. 
 
 xxix, Barrifters and Students to fit on the right 
 Side of the Hall, as you look from the Benchers 
 Table, arid Attornies on the left. 
 
 
 
 xxx. One Mefs, at lead, to be kept for the 
 Benchers on each ordinary Day in the Term, and 
 three on Grand Day. 
 
 xxxi. That the Commons* be the fame at every 
 Table in the Hall ; the bed of their kind poilible to 
 ba procured ; and the Head and Foot Difli, taken 
 together, to weigh not lefs than twenty Pounds. 
 
 xxxn. Pay- 
 
 111 This equality of Meffes was circulated as a dignified forbear- 
 ance, but it proceeded partly from craft and plain habits of liv- 
 ing in the King's Inns Cabinet. Power was their favourite mor- 
 feJ, of which they claimed a monopoly at the expence of equals, 
 intimates, or friends. Making a merit of funilar dinners was 
 even a proof of general ftudied feparation in every other point. 
 Though it may appear a profanation of Montefquieu to apply his 
 fapient principles to mean manners, yet that great man lay=, 
 *' Leading men mould new inftitutions, but when eftabliflied, 
 they form the fentiments of a rifing race." Whilft thisilluilrates 
 the preceding equality of food, it proclaims, wiih prophetic 
 ftrength, that national ruin which mull refult from protctccd 
 corruption or fraud in internal management, and rtill more from 
 confirmed tyranny or fervicude in che Miniilers of legal and po- 
 litical wifctom. ,
 
 PENERAL RULES, 
 
 XXXII. 
 
 Payments to be made to, and for the ufe of, 
 the Society. 
 
 STUDENTS, 
 In order to be admitted, 
 
 fFine,* ' 5 6 81 
 
 Pay ^ Stamps, 10 o o>/2i o 5 
 
 (.Library, 5 13 pJ 
 
 At this time 40 2 2, Irifh Money, 
 
 BARRISTERS, 
 
 (Fine, 5 6 8 1 
 
 jPay <! Stamps, 10 o 0^38 i 8 
 
 I Depofit for Chambers 22 15 oJ 
 At this time 58 5 , Irifh Money. 
 
 The Depofit for Chambers to be allowed xvhen 
 the Gentleman {hall purchafe from the Society, 
 Chambers or Ground to build Chambers on. 
 
 B E N C II- 
 
 * The Butler was to collect the r.nnual Penfions, and keep a 
 roll of names, :o enter therein all payments that are made, snd 
 tp hang a fair copy of it in the dining Hall. Thefe pra.lical 
 fcheir.es \vere diflblved by public union, and exifting abufes re- 
 quire a funilar exertion.
 
 GENERAL RULES. rr.7 
 
 BENCHERS, 
 Fine, u 7 5 
 
 ATTORNIES, 
 
 At going Apprentice, 
 
 3 
 
 a ftamp of 100. 
 
 Pay*/ Being Sworn, i 6 8 
 
 /Depof. for Cham. 1 1 7 6 C*' 1 
 
 C J now 15 2 2 
 
 The Depofite to be allowed as above. 
 
 XXXIII. 
 
 * In the Charter Rules thefe important words, lefides fees, 
 are added, but the particular fum not mentioned. What a fource 
 for fraud, when promulged in a country where places are frequently 
 valued, not by honeft and authentic falary, but by ufurped per- 
 quifites tnd official plunder. I thus attempt to ennoble the legal 
 profeflion, by expofmg its polUble abufes, and direding fuch 
 events to general ufe. Their Under Treafurer has a competent 
 falary, without any permifTion to take the fligheft fee or civility 
 money ; it is even made a penal condition in his bond, to pre- 
 fume to demand or accept any fuch. The Treafurer is alfo an- 
 nual, and the Benchers under a conftant mutation, exclufive of 
 the /hiftings in our political hemifphere. Thus, favouritifm 
 cannot long be upheld, nor official fraud extended, becaufe it is 
 unknown.
 
 XXXIII. 
 
 Payments to be made each Term, 
 By BENCHERS, 
 
 Penfions, 1 2 9 
 
 xxxiy. Eveiy Member* of this ociety, who 
 pays the Sum of 5 13 9, to have the ufe of the 
 Library. 
 
 xxxv. That the Societyf mail pay all Taxes, 
 paint ail outfide Work, keep the Roqf in repair, 
 
 fweep 
 
 * The Charter Rules impofed an annual penfion of two pounds 
 on Barrifters, Students, and even Benchers. One pound on each 
 Attorney, and ten iliillings a year for the Chaplain or Preacher; 
 ten /hillings alfo in like manner for the Library. Poundage on this 
 income alone would produce near three hundred pounds a year 
 to the Treafurer. This fyftem muft be inftantly acted upon, 
 enlarged, and enforced, if the Charter Statute had not been 
 repealed. Taxation was then confined to the junior tribe, by 
 which means 100,0001. has been levied upon the profelfion to 
 Trinity Term, 1803, and better than 45,0001. thereof wafted 
 or mifapplied, exclusive of what expence muft attend a well 
 contefted law fuit. Such are the fruits of undefined innova- 
 tion, concealed management, and unaudited accounts. 
 
 -(- Thefe Rules were confirmed, before any ground svas take 
 for a new (he. The whole fyftem of pretended reform or let- 
 tered improvement terminated in ufurped dominion, unneceftury 
 expence, and incefiant jobbing. I infert this building code 
 merely to give the reader a complete copy of what are called, 
 Exiting Rules.
 
 * 
 
 GENERAL RULES. 599 
 
 fweep the Chimnies, and carry away the Dirt of 
 all Buildings within their Precinft ; the Tenant to 
 keep his Tenement in order in every other refpeft, 
 and to leave the fame in good and fufficient Re- 
 pair. 
 
 xxxvi. That jione fhall be permitted to occupy 
 or inhabit any Houfe, Chamber, or Office, within 
 the faid Precindt, but a Member of this Society, 
 1 his immediate Family, Domeflics, and Clerks ; but 
 that other Perfons may hold Gound therein, from, 
 the Society, for the purpofe of building and letting 
 Houfes, Chambers, or Offices, to fuch as are qua- 
 lified, as above mentioned, to occupy and refide 
 therein. 
 
 xxxvn. That all Buildings within the faid Pre- 
 cinct, mall be built according to Elevations, fettled 
 and approved by the Society. 
 
 xxxvin. That all Perfons who are not Members 
 of the Society, taking Ground for the purpofe 
 aforefaid, (hall, before they are admitted fo to da, 
 give Security by the joint, and feveral Bond of two 
 fufficient Perfons, in a penal fum of ,500,* to 
 
 abide 
 
 * There would be fuch a general and repeated forfeiture un- 
 der this bond, that a King's Inns Treafurer muft be apparently 
 revered, and really acquire no inconfiderable influence over 
 voters in the City or County of Dublin. How far that would 
 promote legal learning or public freedom, is another qucftion.
 
 6oo 
 
 GENERAL RULES. 
 
 abide by and perform all Rules and Orders of the 
 
 Society, concerning Ground and Buildings within 
 their Precinct. 
 
 xxxix. That all Ground, Houfes, Chambers 
 and Offices, within the faid Precinft, (hall be holden 
 at the will of the Society,* according to the Terms 
 of the Admifiion, and the Rules and Orders of 
 the Society. 
 
 4 
 
 XL. Upon every Admiffion, the Tenant fhall pay, 
 as a Fine to the Society, a Sum equal to one-fourth 
 Part of the yearly Rent. 
 
 XL i. A Book mall be kept by the Treafurer, in 
 which all Admittances to any Tenements and Sur- 
 render mall be entered in thefe or the like Terms. 
 
 ( 
 
 Council holden on the Day of 
 
 in the Year of our Lord, 1 7 
 A. B. comes and prays to be admitted according to 
 
 the 
 
 * This correfponds with the firft divifion of Chambers in 
 1609, to which the Bar and Attornies, as Members of the Soci- 
 ety at large, aflented. The phrafe in our time equalled the 
 impudence and falfhood by which republican power is transferred 
 under the civil law to Roman Emperors. Villenage was to be 
 the new feudal tenure of legal Practicers in Ireland, and what 
 rnuft be a greater fcandal, it is from fuch a class future Ruler^ 
 and Judges were to be chofen or fele<fted.
 
 GENERAL RULES. 6ot 
 
 the Rules and Orders of this Society, to all that 
 to hold the fame, to him, his 
 for and during the Term of 
 from yielding and paying 
 
 to the faid Society, for the fame, the Sum of 
 by the Year, by 
 
 Payments ; and pays to the Treafurer here, the 
 Sum of as a Fine for the fame. 
 
 * Whereupon it is ordered by the Bench, that 
 the faid A. B. be, and he is thereby admitted ac- 
 cordingly. 
 
 AT 
 
 * As a wafte of better than 4o,000l. upon a receipt of 
 lOQjOOOl. may appear nearly incredible, the fpccific amount 
 naift gratify the reader. It would ill correfpond with my feel- 
 ings of honor, to difplay any accuracy of ftatement where a le- 
 gal fuit is threatened, or has commenced. The reader inuft be, 
 however, fatisfied with what clofe care I reviewed the abllracts, 
 and that I am competent to form an opinion how far the Society's 
 claim is well-founded or not. Meantime delicacy does not for- 
 bid a correct difplay of the fum lev/ed upon the profcfiion. 
 Better than 100,0001. was received in the Treafurer 's office. 
 Let us now fee how much thereof has been, in my opinion, 
 v.-afted or mifapplied. 
 
 Charter, 4231. expended on the Mufic-hall, and in Townf- 
 end-ftreet about lOOOl. At the New Inns better than 20001. 
 As the office of Treafurer is now difcharged without falary, I 
 feel myfclf warranted to confider any fees paid to fuch officer as 
 loll to the Society. From Trinity, 1789, to Hillary " 
 1792, inclufive, 2371,' lls.; from thence to Michaelmas 1 * 
 l~95i inclufive, 45301. 13*. 5d.; froj>: . i -inity Tern;, 
 
 ] S03,
 
 6O2 GENERAL RULES. 
 
 a Council holden the Day of 
 
 in the Year of our Lord, 17 A. B. comes and 
 furrenders to the faid Society, all that 
 to which he had heretofore 5 that is to fay, on the 
 Day of in the Year of 
 
 our Lord, 17 been admitted as a Tenant for 
 the Term of from 
 
 the Day of in the faid 
 
 Year, at the yearly Rent of to the 
 
 ufe 
 
 1303, at the leaft 5001. per annum, 37501. Law Agent, for a 
 ruinous Act of Parliament, 6501. Twelve years and an half 
 year's rent, to June, 1806, better than 14,0001. Tipftaves 
 to Michaelmas Term, 1806, full 50C01. Total lofs or wafte 
 as above, 36,6411. Value of 8001. per annum overcharged in 
 perpetual rent, at eighteen years purchafe, 14,4001. Full 
 amount, 51,0411. Let me now flrike a balance of what ftioukf 
 be deducted from the preceding- charge if Inns-Quay ground had 
 been built upon. The Tenant's fine on getting a perpetuity 
 thereof, 17741. 18s. 3d. His annual rent from Trinity Term, 
 1794, to Trinity Term, 1806, at 2611. Is. Id. per annum. 
 Total, 31321. 13s. Entire deduction, 49771. Us. 3d. Thus, 
 we fee more than 46,0001. diverted to ufelefs or improper pur- 
 pofes. I have not inferted in the above ftatement the 50001. 
 bsftowed to the defence pf the country, ftill adhering to my 
 original opinion, that fuch fum was nobly and mod loyally ex- 
 pended. ' 
 
 The recorder of irremediable injury can only receive a coun- 
 terpoife to his feelings, from an humble hope, that fuch recital 
 may form an ufeful and faving precedent to the legal eftabli/h- 
 ment for ever. As that enlightened body has been the guide and 
 model for other focieties, it correfl interior reform may roufe a 
 national fpiiit, and inflict an cxtenfive Hibernian attainder upoit 
 the daemon of jobbing.
 
 GENERAL RULES. fc > 
 
 *J 
 
 ufe of C. D, a Member of this Society, for the 
 Refidue of the Term which the faid A. B. has 
 therein. 
 
 And the faid Surrender is by the Bench here 
 accepted. 
 
 And on the Day firft above mentioned, the faid 
 D. comes anjl prays to be admitted, and fo on as 
 above. 
 
 XL n. That a Copy of fuch Order, for Admit- 
 tance, under the Seal of the Society, fhall be de- 
 livered by the Treafurer to the Tenant, and the 
 fame {hall be Evidence of his Right to the Place, 
 or Thing, thereby alledged to be demifed or grant- 
 ed. 
 
 XLIII. That the Rent received fhall be paid at 
 the Rate mentioned in the Order for Admittance, 
 on fuch Days in the Year as the Bench mall appoint; 
 or according to the Courfe of the Treafurer's Office. 
 And if it fhall not be fo paid, or in 2 1 Days after 
 Notice given by the Treafurer, or his Deputy, the 
 Tenant mall from thenceforth be d.xmed to have 
 forfeited,* relinquished and furrendered, to the ufe 
 
 of 
 
 * Here was another variance from eftablifliecl Law. Tlia 
 iifual diftrefs could not fatisfv, nor a ftatntable cjctlment ope- 
 wiih lulVu-ieiit haik-. King's Inns rules lupcrlcdc both, and 
 give to the Trcafurer the awful power of amoving by forfeiture 
 and protecting by filence, as fuperior direction, pcrfonal friond- 
 1 iip, or political intereil wculd C . i re.
 
 604 GENERAL RULES. 
 
 of the Society, all the Refidue of his Term and 
 Xntereft in his Tenement ; and the fame mail be re- 
 Seized into the Hands of the Society. And any 
 Perfon who mall enter into the fame, or remain 
 thereinj without an Order of Admittance from the 
 Society, mail be deemed a Trefpaifer. 
 
 XLIV. If there mall not be any Perfon then actu- 
 ally refident in the Houfe, Chamber, or Office, of 
 if there is, and fuch Perfon mall abfcond to avoid 
 being ferved with fuch Notice, affixing a Copy thereof 
 on the outer Door, and in the chief Porter's Lodge/" 
 fliall be, and be deemed, to be good Service. 
 
 XLV. That no Perfon whatever mall, not even a 
 Member of this Society,* be fuffered to occupy 
 any, or any part of, any Houfe, Chamber, or 
 Office, without firfl obtaining an Order for his Ad- 
 mittance to the fame. And if any Tenant mail 
 permit any Perfon to occupy any part of his Te- 
 nement, without fuch Order, the fame mail be a 
 Forfeiture, Relinquimment and Surrender of all 
 the Refidue of his Term and Interefl: therein. And 
 whoever mail fo occupy the fame, mail be a Tref- 
 paflfer, and the Tenement mail be refeized into the 
 Hands of the Society. 
 
 XLVI. That 
 
 * In 1666, a gentleman was ordered to quit a Chamber in 
 the King's Inns, as he was not a Member of the Society ; but it 
 was never pretended that the refidence of a legal man was im- 
 proper. However, where chartered tyranny did not fanftion in- 
 fuk or oppreflion, rules cautioufly planned, and carefully con- 
 cealed, would convey to pofterity a. fomblance of profeffional af* 
 fenti
 
 RULES. 605 
 
 I 
 
 i. That the Benchers (hall not be bound to 
 admit a Surrenderee, thotfgh he mould be a Mem-* 
 ber of the Society, if they think him an improper 
 Perfon ;* but in cafe of refufal, and if the Tenant 
 infifts upon it, the Society (hall pay to him the Va- 
 lue of his remaining intcreft in the Houfe, Chamber 
 or Office, to be determined by three Perfons ; one 
 to be chofen by the Benchers, one by the Tenant* 
 and the third by the two fo chofen ; and upon re- 
 ceiving the fame, the Tenant (hall furrender his in- 
 tereft to the Society, and the fame mall be deemed 
 totally" void and at an end.f 
 
 S f XLVII. 
 
 * The Reader fees that defpotifm is never forgot that ceafe- 
 lefs purfuic nerves every order, and animates the change. Was 
 the preceding practice borrowed from England, or any exifting 
 code ? It feemed thus fettled to exclude men of honor and pro- 
 found learning, whereby the new inhabitants would be a confe- 
 derated group of crafty tyrants and obedient (laves* 
 
 f This termination of the building rules points out the pro- 
 priety of Mating what expence has hitherto attended the Public 
 Buildings, the fituation in which they ftand, and fuch fum a* 
 rnay be necefTary to .complete the Hall with tru- nnd 
 
 alfo build a Chapel. Previous to Mir!nelun Term, 1S03, the 
 fum of 187581. 12s. 3fd. was expended on the Public Buildings 
 and an added efb'mate of 86901. was given in, as requifite to 
 complete the Hall.* Thus, better than 270001. have put the 
 King's Inns into its prefent Mate. 
 
 I made clofe enquiry from intelligent pcrfon*, and pronounce, 
 that about twelve thoufand pounds will be fufiicient to con p 
 the Library part ; even 50pOL would cover it, and r^fcue a 
 fine building from being an immediate ruin, about 500O1. the 
 central building; and what can alone give grace or dignity to the 
 'vhole, about ,30001. for a Chapel. Thus, twenty ihoufancl 
 
 poundf
 
 606 GENERAL RULES. 
 
 XLVII. That the Benchers* in Council 
 have Power to amove arty Bencher from his Seat 
 and Place therein, for juft Caufe. 
 
 And, that if any Bencher (the Lord Chancellor 
 and Judges excepted) lhall wilfully abfent himfelf 
 without Licence, from the Meetings and Councils 
 of the Bench, for the fpace of two whole fucceflive 
 Terms ; and that when the Number of Benchers 
 lhall be at any time lefs than 32, exclufive of the 
 Lord Chancellor and the Judges, then the Refidue 
 of the Benchers in Council afiembled, lhall imme- 
 diately proceed to elecl:, and mail elect one or fuch 
 other Number as may be neceflary, together with 
 the Lord Chancellor and the Judges, to complete 
 the Number of Benchers to 45, out of fuch Barrif- 
 ters of the faid Society as mall have been at the time 
 when fuch Vacancy happened, thirty-two full Terms.* 
 full and perfect Members of the faid Society, and 
 
 mall 
 
 pounds of the money due from Gorernment will fuffice to pre- 
 rent preceding expenditure from being equally difgraceful to the 
 legal Society and the national character. 
 
 * This formidable and oppreflive power was embodied in the 
 Charter, and became properly a part of its rules ; it is here 
 gravely introduced without any exitling Royal grant, or concur- 
 rent Statute. The above obfervation equally applies to the en- 
 tire fyftem; however, the Charter furniflicd a mode of redrefs, 
 whereas the exitling code ftands felt-balanced, and would re- 
 duce the injured party to fupply that defect by the immemorial 
 privilege of an Irilhman trial ly battle.
 
 UialJ have duly and regularly conformed to the 
 Rules and Orders* thereof, during the whole 
 of laid Time; but that fhe Number of Benchers 
 hall never hereafter exceed 45, 
 
 TO THE 
 PRACTICERS 
 
 OF 
 
 IRISH LAW. 
 
 the immediate objeft of the preceding Hiftory 
 was to direct your free conference and rational en- 
 quiry to King's Inns review and reform, I confine 
 my prefent claim of attention to one propofal, which, 
 methinks, will meet the immediate and unanimous 
 /upport of the legal body. Whilft many corrupt 
 S f 2 or 
 
 * As Ruflell's letters exhibited my early and unaltered poli- 
 tical creed, King's Inns extracts were not neceflary to excite ab- 
 horrence of arbitrary difcretion; even then I fair), ne Catoni 
 quiilem credendum* abfolute power lliould be trufted to no man, 
 not even to Marcus Psrtius Cata, nor t Charles J units Fox. 
 Thefe great and unrivalled characters have equally tailed of 
 death, and obtained its paflport to immortal fame. Entituled 
 though they were to the confidence of cotemporaries, that dan- 
 gerous gift fliould be (till withheld ; yet the former from un- 
 bending integrity, and the latter from unbounded benevolence, 
 were the mod likely of all human beings to difcharge with \vif- 
 tlgm and public fpirit thefm^ular but improper truft,
 
 ( SoS ) 
 
 or difgraceful novelties mark the revival of our So- 
 ciety, one dignified refeml|Jance to Englifh Inns of 
 Court has been withheld m Chaplain or Preacher 
 graces the King's Inns Roll. 
 
 This delay may be attributed, during an early 
 period, to the well-balanced flrength of jobbing, 
 find, for the laft fix years, to architectural expenfe. 
 Children have dwelled into manhood, and age been 
 fwept to the grave amid fuch official hopes. But it 
 is time for morality to triumph, and our body, un- 
 der an humane and honefl King, to amime that ap- 
 pearance which it upheld in exceptionable reigns. 
 The old dining Hall niay form a temporary Chapel, 
 and legal men commence the new year with fuitabie 
 duty to God, the King, and the Country. 
 
 I am convinced ' that his Grace the Archbifhop 
 of Dublin will fanction this revived eftablimment 
 with becoming pride,". and even hope that the mea~ 
 fure muft meet the approbation and fupport of every 
 wife or honefl fellow-fubject. Let me then roufe 
 patriotifm and profeffional pride by a fincere but un- 
 afiuming fuggeftion. 400!. per annum will enable 
 our Inn to refemble the Englifli originals, and fup- 
 ply not only a Chaplain or Preacher, but alfo a fe- 
 cond clergyman, under the name of a Reader. 
 220!. a year will anfwer for the former, iool. yearly 
 for the latter, and eighty pounds be fufficientto pay 
 a clerk, with the other incidental expences. I am 
 alfo informed that two hundred pounds would fit up 
 the Hall for this important purpofe, until a Chapel 
 
 could
 
 could be built on the plan, and at the expenfe 
 herein before defcribed. 
 
 The Chaplain, or Preacher, Ihould have a % fet of 
 Chambers whenever the projected fquare was com- 
 pleted, but no allowance for fuch under the prefent 
 circumftances. Prayers may be g^ven twice each 
 Sunday, and once on every feflival of the Church, 
 to commence on the firft Sunday in next Hilary 
 Term, but in each fucceeding year on the fecond 
 Sunday in October, and to clofe on the lad Sunday 
 in July. The equity fittings of each Court would 
 be generally included by fuch attendance, and the 
 King's Inns Chapel convenience alike the profeffion 
 and the inhabitants of this great and loyal Metro- 
 polis. 
 
 I do not prefs the fubjeft by a more minute de- 
 fcription, which defec"l, however, proceeds from a 
 fincere refpeft for the Bench and the Archbifliop 
 of Dublin, who are called upon to exercife becom- 
 ing piety and public fpirit, by polifhing the preced- 
 ing outline into perfect form. This ufeful inftitu- 
 tion may refcue junior Members from the conta- 
 gious vanity of free thinking. When aged Prac- 
 ticers, men alike eminent for worldly fenfe and hu- 
 man learning, would alfo appear deeply impreficJ 
 with the fublime truths of Chriftianity ; early ha- 
 bits mud thus combine with improved genius to 
 make ardent youth revere that tolerant fpirit which 
 the Proteflant religion infpires, and is fo faithfully 
 
 upheld
 
 upheld by the unadulterated maxims of 
 Law. 
 
 I can fupply the preceding expenfe by immediate 
 
 exifting fupport. The return to Government in 
 
 1804, announces a furplus of income to expendi- 
 
 ture of above icool. per annum, and I know pf no 
 
 channel for added expenfe, nor any corrupt inno- 
 
 vation which mould give rife to fiich. The preced- 
 
 ing ftatement precludes all pretence for delay; I 
 
 will, meantime, give perpetuity to the eftablimment 
 
 by a collateral prop, yet juftice mail not fuperfede 
 
 jobbing, at the expence of humanity. 
 
 Let the prefent tipftaves be facred, whilft their 
 matters continue in office, and meet in that man- 
 ner gradual abolition. An annual income of five 
 hundred pounds will thus certainly fall in, and fup- 
 ply a proper permanent fund. The late Lords 
 Avon more and Kil warden were fo flruck with fuch 
 mifapplication, as to pledge their honors in my 
 prefence to each other, that they would fupprefci 
 this King's Inns mifchief. What increafe of plea- 
 fure would it adminifler, to find that the temporary 
 abufe furnifhed an ample refource to our renovated 
 religious eftablimment ? 
 
 A claim to equal freedom has ever met firm foun r 
 dation in my mind, from an anxious wifh to imitate 
 the manners of Englifhmen. Their Inns of Court 
 exhibit a mild and moderate termly tax to aid in- 
 ternal funds in fuitaining clerical appointment. 
 
 Iri ill inert
 
 C c,i 3 
 
 trifhmen will not furely repine at a fimilar 
 to uphold the character of their country, and the 
 dignity of its legal eftablimment. Ten (hillings an- 
 iiually were fixed by the Charter Rules upon Bench- 
 ers, Barrifters, Students, and Attornies ; when ty- 
 ranny ftood repealed, the wholefome provifion was 
 neglected, and taxation confined to concealed pur-i 
 pofes or profpective jobs. 
 
 The Englifh plan merits revival, as it exifts from 
 time immemorial, and is neither infolent nor op- 
 preflive. Students on entry, Barrifters on a call, 
 and Attornies on admiflion, mould be fubjeft there- 
 to. Collection from the preceding Members is per- 
 fcctly eafy ; with equal juftice holders of Chambers 
 fhould pay a proper annual contribution, and be as 
 in ancient times, extra parochial. The amount of 
 this cafual revenue would produce about lool. and 
 fo far referable tythes, as to rife and fall with the 
 internal prosperity of the Society. 
 
 t am not fearful of forfeiting the friendfhip of 
 brethren by the propofed afleflTment. This firm- 
 nefs and fincerity affimilatcs the Work more clofely 
 to the Britifh Conftitution, which unites regular and 
 ti r eful taxation with protected induftry and perfonal 
 freedom. The Chaplain, or Preacher, mould be 
 intituled to the above addition, for I would confine 
 the Reader to a fixed falaty, fu'licient for a youn 
 clergyman, whom fituation might animate under 
 the eye of a mod learned body to clofe profeffional 
 
 purfuits
 
 purfuits with an expanded view of general literature 
 and fcience : 
 
 " Such as on UfLer's learned mitre (hone* 
 
 " Or beara'd from Berkley's philofophic throne," 
 
 My further communications on King's Inns mat- 
 ters mail be referred for private or profeflional con- 
 ference. Meantime, the whole compilation is fub- 
 mitted to your manly criticifm. Where no allure- 
 ment of interefl or influence of Party originates a 
 Work, the Author can mould his plan according to 
 the fuggeftions of wifdom and public fpirit. Na- 
 tional honor forbids the uncontradidled currency of 
 illegal comments or perverted hiftory for fuch I 
 folicit neither protection nor excufe ; even imper- 
 fect arrangement and defe&ive compofition can only 
 be balanced by legal correftnefs and an unerring 
 general detail. It is my determination to aifume 
 real merit, by publicly retracting fuch miftakes as 
 may neceflarily occur in reviewing a period of nearly 
 fix centuries, and which was fo deeply clouded with, 
 fiction, incivilifation, or party venom. 
 
 A voluntary and original engagement bound ms 
 to an obfervance of freedom, firmnefs, and truth. 
 'Similar qualities wiH, I truft, animate the profeflion, 
 whereby this Work mufl be authenticated to other 
 fellow-fubje&s by your filent approbation, or repro- 
 bated with proper profeffional abhorrence. I am 
 
 not
 
 -not confcious of overlooking any fatl from accident, 
 and certainly none from defign.* 
 
 Matters are now knit in an irTue, on which legal 
 energy and judgment mufl form a final and conclu- 
 five verdict for the government and guidance of our 
 Irifh fucceffbrs. In proportion as that awful truft is 
 difcharged with integrity by the acting parties, even 
 fo may heaven deal with them ; as for myfelf, I 
 fhrink not from a funilar appeal, and thus give a 
 firm proof, that unceafing efforts have been exer- 
 cifed to complete the .propofed talk witn freedom, 
 firmnefs, and truth. 
 
 B. T. DUIilGG. 
 
 * I feel too much flattered by dignified Subfcriben, to fuf- 
 pend fucli Publication, except from motives of indifpenfible ne- 
 ceffity ; but a corredl and complete return could not be hitherto 
 had fcom provincial towns, nor even from friends within the 
 capital. Britons are alfo intituled to peculiar attentin, as vo- 
 lunteers, who encouraged a Work which was not advertifed in 
 that ifland. It cannot be unpleafant to cotemporaries and pof- 
 terity to afcertain, by fuch lift, what particular legal men coun- 
 tenanced thofe principles which thz Hiftory inculcates. The 
 reader may be therefore aflured, that fuch Catalogue fliall be 
 publiilied with all poflible fpeed, and diftributed gratis to thr 
 purchafers of his Work. 
 
 FINIS.
 
 For ERRATA in Parts the Firft and Second, fee Page 396. 
 
 ERRATA 
 
 In Part the Third, General Rules, &c. 
 
 Page 425, line 19 for adnifiratign, read ad mini ft ration, and 
 dele the laft letter of that line. * 
 
 Page 434, line 22 after might , infert not. 
 
 Page 436, line 6 for diforders, read orders. 
 
 Page 469, line 17 for ViHe, read Velle. 
 
 Page 535, line 7 for SttcceJJbr y read Succejjors. 
 
 Page 582, line 20 for Varac ity, "read 
 
 Same page, laft line for f*rum t ready 
 
 Page 586, line 14 for Character, read Charter. 
 
 Page 587, line 21 Memorialifts, as in the original, but fliouid 
 be the iingular number. Thu^, a faithful copy of fome roles 
 and orders enforces an apparent Erratum. 
 
 N. B. As Mr. DUHIGG means to devote fuch part of his 
 as can be fpared from profeflional practice or official llation, to 
 legal ftudy and publication, he is anxioufly determined to com- 
 plete King's Inns Remembrances, or an account of eminent legsl 
 men, from the earlieft rera in Irifli annals, and alfo an Hiftoiy 
 of the late Union. Such fellow-fubje&s as conceive that an im- 
 partial effort to illuftrate the ancient and modern management of 
 Ireland merits encouragement or {iipport, are refpedftilly foli- 
 cited to fupply fuch information or anecdote as may authenticate 
 and improve thefe Works. The materials fliall be properly ac- 
 knowledged in each Publication, and the writer's name carefully 
 concealed, if agreeable to his wiflies* 


 
 .