A 
 
 
 
 
 
 1 i 
 
 3 ! 
 
 2 ! 
 6 i 
 
 4 ! 
 9 ! 
 
 5 1 
 
 AS DISCLOSED BY 
 
 IRISH STATUTES 
 
 PASSED BY 
 
 1 
 
 WfMM 
 
 3lrfs6 Parliaments «tneen 1310 anU 1800. 
 
 ■ -..... ■ ■ ■ ■ ■ . '■.■.. : ■ . ■ ■ 
 
 
 -m;^v;; : MM 
 
 A. M.. ROWAN,
 
 «• r>. 10. 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 HISTORY OF IREL 
 
 AS DISCLOSED Wt Uj / NATIONAL 
 
 IRISH STAT 
 
 PASSED BY 
 
 IRISH PARLIAMENTS BETWEEN 1310 AND 1800. 
 
 A. M.JIOWAN. 
 
 LONDON : 
 PlUNTED AND PUBLISHED FOB THE 
 
 CONSERVATIVE CENTRAL OFFICE, 
 
 ST. STEPHENS CHAMBERS, WESTMINSTER, S.W. 
 
 THE NORTH LONDON ECHO COMPANY, Limited, WOOD GBE1N, N. 
 Price, paper covers, is. Id. ; cloth, '2*.
 
 on 
 
 m.3 
 
 R7M 
 
 UJ 
 
 DC 
 
 <: 
 
 Dedicated 
 
 TO 
 
 R. M. LITTLER, C.B., Q.C., 
 
 WHOSE CONVERSATION FIRST SUGGESTED, AND 
 
 *WHOSE KIND SYMPATHY HAS ENCOURAGED, THE WORK 
 
 -x> 
 
 OF PREPARING THIS SYNOPSIS OF THE 
 
 STATUTES OF THE OLD IRISH PARLIAMENT. 
 
 C3 
 
 390803
 
 PKEFACE. 
 
 THIS little book needs a few words of preface. It 
 has been put hastily together, with a view of 
 showing how turbulence in Ireland has been fostered 
 since " the coming of the English " ; how in early 
 days " settled " English and Irish made laws to 
 protect themselves from being " preyed " upon by the 
 " unsettled " English and Irish who swarmed outside 
 the pale of this growing civilisation ; how " alien " 
 clerical Romish interference had to be curtailed in 
 lay matters by the earlier settlers in Ireland, who 
 themselves had planted that " alien " church in Ireland ; 
 how religious bigotry grew up amongst us. The Act 
 of Richard II. against the Romish clerical misdoers, 
 being revived by Philip and Mary to " suppress " 
 Protestants ; this same Act being used afterwards 
 by Elizabeth and put in force against " papists." 
 
 Thus religious differences, created about the time of 
 Henry VIII., grew into the religious hate of the seven- 
 teenth and eighteenth centuries, and are the root of the 
 religious jealousy of to-day. " Racial hate," as now 
 described, is of even a more recent date amongst ns. 
 This took its start from the sixteenth century, when
 
 VI IT.I.l \<l . 
 
 the Desmonds and Ormond E jlinh settlers proved 
 themselves more Irish than the Irish, repudiating the 
 law- established for the King's Bubjocts, and reverting 
 to those Ii'i-h Brehou laws, which gave them — by 
 of "the Btrong hand" more wealth and 
 p. .w 
 
 From firel to Las! the, " intention " oi the laws was 
 in •• protect " ilie "settlecT" and suppress the turbulent 
 people in Ireland. Thai the means adopted did do! 
 accomplish the end desired, is made apparent by the 
 tinnal recurrence of "rebellions." The legislation 
 of those days was undoubtedly partial, and, though 
 evidently carefully prepared t<» meet existing 
 " grievances,*' was somewhat Bhort-sighted and one- 
 Bided -. moreover there certainly was considerable mal- 
 administration. That maladministration was often 
 the result of unavoidable ignorance « » 1 1 the part of 
 those in office, who were guided by untrustworthy 
 information Bttpplied by corrupt, suborned or interested 
 
 ]>er<"lis. 
 
 It is clearly demonstrated that alter " rebellions " 
 resulting in confiscation of lands, much care was taken 
 t.. ••restore" ami -settle'' the hind question. That 
 in thus "settling" and "restoring," great care was 
 taken not to disturb those planted during the rebellious 
 period i- evident. That where State policy compelled 
 the removal of such planters the State gave them 
 compensation for such disturbance i- clearly proved. 
 Also, that where late owners were "restored" (none 
 being restored who were not proved to be innocent), 
 they were generally prevented by the act of restora- 
 tion from disturbing those planted on their lands, being
 
 PREFACE. VII 
 
 themselves " restored " to other vacant lands, or given 
 money in lien of the " planted '■ lands. It is worthy 
 of note by those now endeavouring to " resettle " Irish 
 lands, that only in exceptional cases were the 
 u restored " persons permitted to re-occupy lands 
 which were "planted." 
 
 I think there are few actual mistakes in this brief 
 sketch of the Irish Statutes of the Irish Parliaments 
 — Parliaments which, be it remembered, were in the 
 early days open to Irish representatives, and until the 
 religious feud arose, composed entirely of Koman 
 Catholics, and for many years after free to both 
 religions, the Religious Disability Bill being of quite 
 recent date. 
 
 At no time, until Grattan's Parliament, excepting 
 in what are styled " rebel " Parliaments whose Acts 
 were not considered constitutional, was the Irish 
 Parliament " independent " of the control of the 
 English Parliament. 
 
 Though free of mistakes as to facts, I am aware 
 there are many literary and other blemishes. Had 
 time permitted, I should have endeavoured to correct 
 these. As it is, I excuse myself to the readers on 
 account of the haste with which this little book is 
 compiled. 
 
 The idea of putting forward the old Irish Statutes 
 as an argument against forming a new Home Rule 
 Parliament, was only suggested so recently as last 
 August. Since then I have gone through all the Irish 
 Statute Books from 1314 to 1800, and selected Acts 
 which illustrate the tendency of the seven periods into 
 which I his book is divided. The iirsf six periods
 
 Vlll PRKFAC1 . 
 
 lnur -.'Wiii of constitutional law onl of chaos. 
 
 Mill i> the completion "I" the couflicl between 
 
 mere brute force ftntl educated reason in the governing 
 
 Ireland. 
 
 \\ ii all ita imperfections this summary of [riBh 
 1 1 i^t < t\ , as Bhown by [rish Statutes and other <■<»- 
 temporary evidences] is senl out to the world in the 
 hope of convincing thoughtful readers dial ii is nol 
 b) sach a retrograde movemenl as mini her [rish 
 Parliament, bul by a firmer consolidation of i lie united 
 interests of England mid [reiand, thai Ireland will be 
 improved and "settled," her besl National instincts 
 developed, and those greal civil and religions rights 
 which we qow enjoy I" 1 Becnred. W\\ in Ireland, 
 feel thai by a farther knitting of onr interests with 
 England, tin' greal power for g 1, and vasl com- 
 mercial interests of our Empire } will be enlarged, and 
 thai together the nationalities which have created 
 and now compose the .British Empire can best with- 
 stand the assanll of external enemies or internal 
 Btrif 
 
 A. M. ROWAN. 
 
 Tkai.ki;. 
 
 //',/• !!'/<, 1892.
 
 AN INTRODUCTION 
 
 IRISH STATUTES.
 
 ~ HAYE ventured to place as an introduction to the 
 " Irish Statutes " an old MS., because it explains 
 clearly about the English who first came into Ireland, 
 the state of Ireland up to the middle of the sixteenth 
 century, and shows good and sufficient reasons for the 
 severity of some of the earlier Irish Statutes. It tells 
 in brief but realistic words how, forgetting that their 
 mission in Ireland was to inculcate law and order, 
 the English themselves were the leaders of rebellion ; 
 how, upon finding that by adopting Irish customs 
 and following the Brehon law, they could more easily 
 acquire power and wealth, they repudiated the king's 
 law and " preyed " upon the more orderly inhabitants 
 of the country. Moreover, I do so with pleasure, as 
 this paper exculpates " the Irish " from the generally 
 received opinion of their being always in a state of 
 disaffection and rebellion.
 
 IRELAND, AS DESCRIBED BY LAWRENCE NOWEL, 
 DEAN OF LICHFIELD, WHO DIED 1576. 
 
 This Portion was Recently Copied from a MS. (Domitian A. 18) 
 ix the British Museum. 
 
 AN ABBREVIATION OF THE GETTING OF IRELAND TO THE 
 DECAY OF THE SAME. 
 
 Ireland of the old time had five Kings. One of Leinster which 
 containeth five counties. . . . 
 
 Minister, which hath two portions, one by south the river of 
 Shenin from Waterford to Limerick containing five counties, that 
 is to say Waterford, Cork, Kerry, Tipperary and Limerick. The 
 second by west called Briens country or Thomar (Thomond). 
 
 And the County of Connanght containing six counties . . . 
 
 Ulster containeth counties ten. . . . 
 
 The chief of these five Kings (called the monarch) kept the 
 County of Meath with himself ad mensa. that is for the maintenance 
 of his more honourable diet. 
 
 The most part of Leinster, Connaught, South Munster, Meath and 
 Ulster was conquered by King Henry II., Empriss, and by the Lords 
 and gentlemen coming into Ireland by his licence and commandment. 
 The chief was Richard Erl of Strongbo, who married McMurroghs 
 daughter, by which, as well as by MacMurghowes gift as by Conquest, 
 he enjoyed all Leinster, and brought it to good order and obedience 
 of the Kings law. He enjoyed it eight years during MoMurghowes 
 life and six years after in his owne. He died fourteen years after 
 the conquest leaving but one daughter whom the King married to 
 William erl Marshall, who came into Ireland and enjoyed all 
 Leinster sixty years after the conquest and left it obedient to 
 the Kings laws at Lis death. Except certain of the blood of 
 McMurghowe whom he suffered becauseof him (McMurghowe) within 
 the dwelling in the county of Caterlagh, in a place as it were a
 
 [RIHH BTATUT1 , 1310 1800. 
 
 i Bon and 
 
 tor 1 1 in- After the 
 
 all their lives 
 
 be tii — t ( 1272). I he Ave 
 
 ad to Lords who after the death 
 
 n >li\ Ided • tn. 'I be i Ideal had 
 
 the I ' ord. The third Kil- 
 
 rhe fonrth Kildare, the tifili the manor <>f Donamah in 
 
 ith other certain lands in the county "f Kildare. 
 
 The Lords their husbands havini land of 
 
 Land in Inland ; bul took 
 the profits thereof, for a while as they conld, ami some of them never 
 viw the land at all. aj he thai 
 
 had Dunamah in T.eis retained an Irishma tl e Mores, t<> be 
 
 ■ ■ i : hereof, The i bad Wex- 
 
 ford and Caterlagh retained one "f tin- Kavanaghs, thai remained in 
 [drone, t<> be bis Captain, taking no regard to dwell there them- 
 ■ within twentj years after, or thereabouts, in the 
 ward the Second's time, More thai was Captain of 
 I eis, kepi that portion a- his own, calling himsell O'More. Ami the 
 others "f the Kavannaghs kept a unties "f 
 
 agh and Wexford, calling himself M'Morghowe.* 
 I within little Bpace McMnrghowe growin trengtb raised 
 
 the Birnes and Thohiles << in his aid, so that hitherto they 
 
 ■h and the I their 
 
 own. Which is thirty miles and more, and bo began tin' decay of 
 I of this McMt c ghowe being in strengtb 
 
 in the latter end i. f King Edward the third's . red of the 
 
 Kit - [for keeping the peace 7— A. M. R.] eighty marks 
 
 yearly out of the exchequer. 
 
 to be considered, and true it is, thai every of the five 
 
 portions that were conquered by the King and nobles, left under 
 
 tribute certain Irishmen of principal blood of their nation, who ■■ 
 
 befoi • inhabitants of the land. In Leinster Kavannagh 
 
 e blood of MacMuroghowe. In South Mnnster the Mc V rt ies of 
 
 the blood of McArtie sometime King of Cork. In Wesl Munster 
 
 re OBrine is, which I reade was never conquered nor obedient 
 
 to the Kh ■ .... and his blood have continued there still, 
 
 who bare tribute to Henry the Second and his Successors by the 
 
 I 
 
 • hi 1, pai liamenl " ■< called.'— A. M. !•'
 
 IRISH STATUTES, 1310 — 1800. 7 
 
 And the lord Cuthbert de Clare, erl of Gloucester, had one of the 
 best manors in OBryens country, and dwelled therein. 
 
 In Connaught were left certain of the blood of OConor, sometime 
 King thereof, and certain of the OKelleyes and others. In Ulster 
 certain of the Neles, of the blood of ONele, Sometime King thereof. 
 
 In Meath certain of the blood of QMalaghlin sometime king 
 thereof and divers others. 
 
 All these Irishmen have ever since been inclined to English rule 
 and order; waiting eyer when EngUsJi/men would rebel and (Ji;/ress 
 from obedience of lams which, (more harm is) ha re fallen to the 
 purpose as hereafter shall be more plainly declared. 
 
 All the South portion of Minister, betwixt Waterford and Limerick 
 were conquered by King Henry the Second and the nobles who 
 inhabited the Same. The Geraldines, the Butlers, the Koens, 
 Barries and Cogans, with many others, so that it was English and 
 obedient to the lawes the space of 160 years, as it appeareth by the 
 Kings records. In King Edward the thirds days Lionel duke of 
 Clarence, lieutenant of Ireland, perceeving not only that the lords 
 of Munster. but also of other countrys, began to incline to Irish rul e 
 and order ; at a parliament holden at Kilkenny made certain 
 statutes for the Common wealth, and for the preservation of English 
 order, which if they had been put in use the people had hitherto 
 been obedient to the Kings laws. These were called the statutes of 
 Kilkenny, which were these. 
 
 1. No man should take coyne ne livery upon the King's Subjects, 
 which would destroy hell itself if they were used in the same. 
 
 2. None of the King's English subjects should make any alliance 
 by attirage or fosterage with any of the Irish nation. 
 
 3. No man of the Kings English subjects [possessed of lands and 
 tenements. — A. M. R.] should marry any woman Irish, or woman man 
 upon pain of forfeiture of all their lands. With divers other bene- 
 ficial statutes for the maintenance of English order. 
 
 So long as these statutes were observed the land prospered and 
 obeyed the Kings law. But soon after the dukes departure into 
 England, the great lords, as well of Munster as of Leinster, being in 
 great wealth and growing into great name and authority, as John 
 FitzThomas, lately created Erl of Kildare, James Butler then created 
 Erl of Ormond (being divided amongst themselves) began to make 
 alterage with Irish men for their strength to resist others, and dis- 
 tained to take punishment of knights being the Kings justices or 
 deputies for the time. By reason whereof the Brls of Ormond and 
 of Desmond, by strength of [Irishmen on either side, fought together
 
 [R18H 8T7 ,1310 I* 
 
 ■ i men ..r 
 irhioh 
 eyed the ! 
 
 i lii-hni.il. I 
 :i the land Irish rule, i attic 
 
 Dublin, M< nth and 1 rlel, which 
 .•;!i. 
 In tl . ; 
 
 ■n ..f justice by their exl 
 
 • Epelled all the 
 • •ut of sfunster, - . thai in fifty 
 • pi in 
 \\ bioh thing hath been t M 
 
 .•n by Mi my the Beoond i" Sir 
 
 by knight - Foi which 
 
 Mr I much of it to lords and 
 
 And as he was buildin tie of 
 
 I tatb, be waa traiterouslj slain by a mason <>f 
 
 \ ii. as it i- v. ritten in the I 
 
 I Sir Hugh, sir Walter dying 
 The elder was married to sir TheobaJ ; 
 ; ■■-. Prinville who departed twizl 
 
 anor of Trim, to whom the Kin 
 heir. The manor of ime in Theobalds portion, who had 
 
 heir but i - which were married in England to 
 
 nival and others who dwelled .-till in England. Taking 
 - hey could get for a while, and sent Bmall deft 
 therefor, so thai within few years all was lost. Except certain 
 manors within I i pale which Thi Blane and 
 
 . sir Johi John Bellewe pur- 
 
 ard the Second his day's. And thus decayed 
 . ■ the Kings laws these hundred 
 
 In Oo ithbert de Clan . sir William 
 
 sir William Byrningham of Annery, ander Henry the 
 
 acipal conquerors thereof. And with their < laptains 
 
 inhabited the Same, made it English ahd obedient to the laws from 
 
 inntry to BligO, in length about sixty miles. Which con- 
 
 t i tin. thi i lays. The decay 
 
 . .11 appear 
 
 .!■}• the Second was chief t
 
 IRISH STATUTES, 1310—1800. 9 
 
 of Ulster, who therein fought Seven battles with the Irishmen, 
 whereof he has won live and lost two. Nevertheless he got it and 
 brought it to English rule and order, and so continued about twenty 
 years ; until King John having him in displeasure for certain evil 
 reports that he should have made of him for killing his elder 
 brother Geoffrey's son, wrote into Ireland to Sir Walter de Lacie 
 and to his brother Sir Hugh, to take the said Courcey and send him 
 into England to execution. Wherefor Hugh went into Ulster with 
 an army, and fought with him a battle at Downe, where many were 
 slain and Courcey obtained the victory. Which done Sir Hugh 
 practised with certain of Courcey's men to betray their master for 
 money. Whereby on the Good Friday ensuing he took the said 
 Courcey going about the churchyard of Downe. He paid the traitors 
 for their labour as he promised, hanging them up incontinently ac- 
 cording to their deserts. The King gave to Sir Hugh for this service 
 the Erldom of Ulster, who enjoyed it during his life and died leaving 
 one only daughter who was married to Sir Walter De Burg lord of 
 Connaught, so that he was erl of Ulster and lord of Connaught and 
 enjoyed them both long time in obedience. His son Sir William de 
 Burg did also the like, and likewise his son Sir Richard who might 
 spend yearly £1000 ster. and above. He had issue John, which John 
 had issue William, which William had issue but one dangher. He 
 was traiterously slain by his own men. His daughter was married 
 to Lionel duke of Clarence, who held the same in peace and obedience 
 so long as he tarried in Ireland, which was not long. 
 
 At his departure he left small defence in both places, so that in 
 King Richard's days certain knights of the Burg brethern, kinsmen 
 of the lord William, who during his life had the rule of Connaught, 
 in his absence, considering themselves far from punishment, and thei c 
 lord out of the land, usurped all the country to themselves. Making 
 daly alliance and friendship with Irishmen, they fell to Irish orders ; 
 so, that the Duke being dead, his heir had never any revenue out of 
 Connaught. And so for lack of looking to and defence, not only thai , 
 but also Ulster, before King Edward the fourths day, who was true 
 heir thereunto, was lost. So that at this day the King hath no profit 
 at all therein, Saving only the manor of Carlingford. So thus are 
 decayed, for lack of good defence, both Connaught and Ulster. 
 
 Some men be of opinion that the land is harder to be reformed, 
 than it was at the first tojae conquered. Considering that Irishmen 
 have more hardyness and policy in war, more harness and artillery 
 than they had at the conquest. To this may be shortly answered, 
 that, .surely Irishmen have not such wisdom nor policy, but English-
 
 I" n STATUTES, 1310 1800. 
 
 : hem bj far, and .. 
 that in all niv days I i 
 u of Irish would abide to 
 
 Norfolk 
 
 \ , tliat at 1 be 
 
 i doI in [re] i ' i "Mi of the 
 
 ■ 
 ["he I i land, m. Patrick, St. Colnmbe, St. Bi 
 
 iny bondn . ■•>, thai Englishmen 
 
 I ■ land, and keep il in propriety bo long as they 
 
 ! falling Into Irish order thej Bhonld 
 
 Hon Bhould be in Leinster Bituated in 
 
 Ford and Dublin. Wherein do irishmen 
 
 Id dwell, bul the Kavannaghs, of whom BicMuroghowe i- 
 
 > horse, and the Birnes and Theohills 
 
 take 1"". besides the Irish of the country which 
 
 ■ 1 kerne. 
 
 if them i- Wexford, I m the other 
 
 tablin, "ii ■ Kilkenny or K 
 
 and Tintern in Wexford, Baradowsk, Caterla 
 Ballylanke in Kildaiv. 
 
 .. ith the Basagh of Beantrime, the < lastle of 
 
 of Bathvill and Clonmore, the Lordship of 
 
 Wexford, 1 E Ferns, the Abbey of Dowskleghlin, Baltinglas 
 
 aivl < Castle Kevins, the manor of Rathdowne and Powerscourt, 
 
 of Wicklow and Axklow, tl 
 
 i, with the baroi OMore from Kildare. The 
 
 r of Bahai I I a castles of MoMurghi 
 
 and church dignitaries then in 
 ■ M.B.] 
 
 A Description of the Power of Irishmen. 
 
 of this land obey the Kings laws, saving a pari of the Eour 
 
 I rriel, Dublin and Ki' ch of their own 
 
 I able to maintain the war of the Irish. Ireland 
 
 ". portions calle I < Leinster, both 
 
 ■ nd and Th
 
 . CO hor 
 
 so 
 
 1 battl] 
 
 . 88 kern 
 
 • 24 „ 
 
 
 1 
 
 ,, 
 
 80 „ 
 
 • 16 „ 
 
 
 — 
 
 ,, 
 
 60 „ 
 
 1 8 , 
 
 
 — 
 
 ,, 
 
 40 „ 
 
 . 1G „ 
 
 
 — 
 
 ,, 
 
 40 „ 
 
 . 12 „ 
 
 
 — 
 
 ,, 
 
 20 „ 
 
 • — d 
 
 
 — 
 
 ,, 
 
 40 „ 
 
 • GO „ 
 
 
 1 
 
 ., 
 
 200 ,. 
 
 • 12 , 
 
 
 — 
 
 
 24 .. 
 
 . 40 , 
 
 
 1 
 
 
 GO „ 
 
 ■ G , 
 
 
 -- 
 
 ,, 
 
 24 ,. 
 
 8 „ 
 
 
 — 
 
 „ 
 
 200 ,. 
 
 • 24 „ 
 
 
 — 
 
 ,, 
 
 100 ,. 
 
 • GO „ 
 
 
 1 
 
 ,, 
 
 200 „ 
 
 Daloglas ; 
 
 1 
 
 508 
 
 kerns. 
 
 IRISH STATUTES, 1310 — 1800. 11 
 
 Leinstee. 
 
 McMurghowe is prince of Leinster. He and his kinsmen will be 
 200 horse well harnessed, a battle of Caloglas, and 300 kerns of his 
 country Idrone. 
 OBirn, lord of Ybrannagh 
 OThohil, of Fereevolin and Ymale 
 Art MacDonogho, lord of Ykonsesy 
 Redmond MacSbane, lord of Gowlbraml 
 O'Morghowe, lord of Yplielimi 
 O'Nowlane, lord of Tohyrly . 
 OBrenan, lord of Yolongh 
 O'More, Lord of Leis 
 O'Riane, Lord of 
 McGilpatrick, lord of Ossirie . 
 McMorrish, of Yufy 
 O'Dunn, lord of Yregar . 
 O'Demsy, lord of Chirvalire . 
 O'Conar, lord of Ophaly . 
 
 Sumar— 260 horse ; 5 battll. of Ci 
 
 Wexford GO horse and 200 kern, so environed with Irishmen that 
 they cannot answer the Kings deputy ; neither have power to keep 
 themselves, save only by paying yearly tribute to Irishmen. 
 
 The Butlers in Kilkenny 80 horse, 2 battles, 200 kern. The 
 Geraldines of Munster environed with Irish hardly can keep 
 themselves. 
 
 The County of Catherlngh without aid not able to keep itself and 
 was lately conquered by the erl of Kildare. 
 
 Desmond. 
 
 Me Artie More, Prince and lord of that 
 
 portion of his own name . . 40 horse, 2 battll. 2000 kern. 
 
 McArtie Reagh, lord of Carberry 
 McDonogh McArtie, Lord of Aballie 
 O'Kien, Lord of 
 O'Crowlie, Lord of 
 O'Downeghuan, Lord of 
 O'Flydriscol, Lord of Corelagh and 
 
 Baltimore, who useth long galop 
 O'Maghond, lord FonshCragh 
 
 ;o . 
 
 . 1 
 
 2000 
 
 21 , 
 
 1 , 
 
 200 
 
 22 
 
 , — , 
 
 100 
 
 8 . 
 
 — , 
 
 60 
 
 G 
 
 
 60 
 
 6 
 16 
 
 , — ■ 
 
 200 
 120
 
 
 . 1310 l s <»<i. 
 
 24 
 
 tail II. 
 
 200 
 
 L10 
 
 1 21 1 
 
 ii 
 
 20 
 
 
 BO 
 
 ., 
 
 ■ 
 
 
 24 
 
 .. 
 
 8 
 
 
 24 
 
 ,, 
 
 dwelling . 
 
 . i 
 
 TIr- B and his kin hath of lands andei him 120 
 
 tndred b< u of < laloglas, 1 battalion 
 
 ind kerns. His 
 
 I, and hateth th< none 
 
 country, twenty f>>ur 
 
 . two hundred kern environed and dissevered. 
 
 . t wo battalions, two 
 
 hand • . and en- 
 
 'illOl" 
 
 i df Thoumound 
 McNi I Linchollan 
 
 intelligible] 
 
 ::ree . 
 OTDall, 
 
 rin 
 
 , of the r 
 
 . 
 
 . 
 eOnnonds 
 r Or- 
 . 
 
 Ely . 
 ii 1. Kerrin. 
 
 tagh . 
 Philip, lord of B 
 iel 
 
 200 horse, 2 battalions, 600 kern. 
 
 21 
 
 B 
 
 20 
 
 16 
 24 
 
 16 
 
 12 
 
 1 
 
 1 
 16 
 
 600 
 
 60 
 100 
 
 21 
 
 too 
 
 II 
 60 
 
 LOO 
 60 
 
 120 
 1 10 
 LOO 
 
 10 
 
 : Caloglas, 6 battalion ; 2lil kern.
 
 IRISH STATUTES, 1310 — 1800. 
 
 13 
 
 f'ONNAUGHT. 
 
 O'Conor Dovvue, Lord thereof with 
 
 his kiu .... 
 O'Conaghor Downe,lordof Maghir 
 
 Conaght .... 
 O'Conaghor Rowe 
 O'Kellie, lord of Ymany 
 O'Flahirty, lord of Tharconaght 
 O'Mayle, lord of Owhrnale 
 [O'Malley (?)] .... 
 
 120 horse, 2 battalions, 300 kern. 
 
 200 
 11 
 
 it; 
 
 400 
 100 
 
 200 
 
 Lowj Galleys. 
 
 O'Gara, lord of Kowlowine . . 14 „ 
 
 O'Flarrty Buy, lord of Lines . 6 ,, 
 
 O'Dowde, lord of Tirgheragh Moy 20 „ 
 
 O'Shaghnesse, lord of Kmealeagh 12 „ 
 
 O'Madden, lord of Shilangee . 14 ,, 
 McDonogho, lord of Tyurris, alias 
 
 Timical 40 „ 
 
 McDermoth, lord of Moylorg . 40 ,, 
 M< Manishy, Yoonghur, lord of 
 
 Charbrey 40 „ 
 
 OTiuork, lord of one of the Brennes 40 „ 
 
 Magranel, lord of Montirosh . 8 „ 
 
 Magauran, lord of Taliagha . . 6 „ 
 
 O'Faral, lord of Analy . . . 60 „ 
 
 O'Raylie, lord of the other Brennes 60 „ 
 
 Suma — 868 horse ; 10 battalions ; 3740 kern. 
 
 100 
 100 
 300 
 40 
 110 
 
 160 
 
 200 
 
 200 
 300 
 300 
 200 
 300 
 400 
 
 McWilliam Bourg, lord of Clanri- 
 
 card severed ..... 
 McWilliam Bourg, called McWilliam 
 
 Eughter, lord of Keniketche. 
 The Lord Birmingham, lord of Konni- 
 
 kedon, nere 
 
 Nangle, lord of Clyncosteh 
 McShertane, called Depher, lord of 
 
 Gallin 
 
 McKemill, lord of Kerr . 
 McDavil Bourg, lord of Clinkene 
 McPhelippim Bourg, lord of Oyel 
 
 120 horse, 2 batts., 300 kern. 
 
 200 
 
 14 
 12 
 
 12 
 
 •1\ 
 
 300 
 
 40 
 40 
 
 60 
 
 160 
 
 40 
 
 40
 
 . 1810 L800. 
 
 ■ i h. in Ifi \\ iih.uii, bo 
 
 ih them, and will bo 
 
 apparel, and »> 
 
 thorn, that the] take theh pari against the 
 
 I 
 with 
 
 Buy, lord 
 
 .; Is, lord oi [veagh. 
 
 S 
 O'HanJ 
 
 . 
 Iloi Iwi 
 
 . . aalard 
 I nel . 
 lu the Aid dwelleth Lanage an 
 lisbman. So environed hi 
 
 gt expulsed out of the country 2i ., 1 ,. 60 
 UcMahound, Lord of lii.>h Uriel 
 
 - \a — Horse, < v ll ; Galoglas, 16 Batt. ; Kern, 2160. 
 
 MlDTH [MbATH], 
 
 Wherein be these irishmen, none whereof obeyeth the Kin 
 O'Malaghlin, la i Lncobnan 
 
 calling himself Prince of Meath . 
 Olffolmoy [Molloy], lord of Ferical 
 Kinaleagh 
 : Biontirhagan . 
 wbe, lord of Katbrim 
 inn, lord of Brahon . 
 BIcCoglan, lord of Delha . 
 
 36 i . 508 Kern. 
 
 as, 11 Battalions; IU Kern, 15,704. 
 
 
 - kern 
 
 2>M> 
 
 1 ., 200 .. 
 
 60 
 
 I .. 101 
 
 20 
 
 100 
 
 60 
 
 i 200 
 
 20 
 
 100 .. 
 
 
 100 .. 
 
 24 
 
 60 .. 
 
 10 
 
 300 ,, 
 
 10 
 
 in 
 41 1 
 
 lo<> 
 
 300 .. 
 
 21 horse, 
 
 — 
 
 batt. 
 
 , 100 kern 
 
 20 „ 
 
 — 
 
 ,, 
 
 LOO .. 
 
 21 „ 
 
 — 
 
 ,, 
 
 B0 .. 
 
 6 
 
 — 
 
 ,, 
 
 21 „ 
 
 1 H 
 
 — 
 
 ,, 
 
 2 1 .. 
 
 . 
 
 — 
 
 ,, 
 
 60 .. 
 
 3 
 
 — 
 
 ,, 
 
 120 .
 
 IRISH STATUTES, 1310 — 1800. 15 
 
 A Battallion of Galoglas 60 or 80 men harnessed, on foot, with 
 spears, every one whereof hath his knave to bear his harness, whereof 
 some ha /e spears, some have bows. 
 
 Every Kern hath a bow, a skein or three spears, a sword or a skein, 
 without harness, and every two have a lad to bear their gear. 
 
 Every horseman hath two horses. Some three, a Jack well 
 harnessed, for the more part a sword, a skein, a great spear and a 
 dart. Every horse hath a knave, and their chief horse is ever lead, 
 and one of his knaves ride always and bear his harness and spears, 
 if he have harness. 
 
 They be for the most part good and hardy men of war, and can 
 live hardly and suffer great misery. They will adventure themselves 
 greatly on their enemies, seeing time to do it. Good watchers in 
 the night, as good soldiers by night as others by day. These Irish- 
 men hate the Kings laws and subjects mortally. And notwithstanding 
 all gifts and other help, when they see time they do their best for 
 their own advantage. 
 
 They used always to make themselves strong, and all the goods of 
 their subjects they take when it pleases them as their proper goods. 
 
 When a lord dieth the strongest and best is made lord after him, 
 and captain, and seldom doth any of the sons succeed his father. 
 
 They get many children besides [those of] then - wives, whereof 
 all be gentlemen, and their fathers lands purchased and farms is 
 equally divided amongst them. 
 
 Their sons learn to be men of war from the age of 10 years, and 
 be continually practised in the toyles thereof. 
 
 They provide for the oenefices from Home though they can scarcely 
 read, the profits whereof they spend against us. But Gud providcth. 
 Setting continual dissension amongst them and mortal wars. 
 
 Paces to be Cut [Eoads made.']. 
 
 l>ovvn Calliber, the new Dickie, the paces going to 1'owerscourt, 
 Ylankrid, Belaghmore in Tendert [Clonfert], Barndarragh going to 
 Fernslerage, Strenagloragb, Rollmontie, Brunvalle, Flangery, Morlci is- 
 town, two paces in Sleigmore, the paces of Farranobeghan, Kille- 
 martethe, Bellanower, Logher Neson, two paces in Katra [Cultra], 
 the pace of Brahon, Turin, Kilkoykie, the Lagher and Rettrae, 
 Karrioonall and Belaghmore, three paces in Orore, Ornby, Doughelo, 
 the other by Faghirt, the third by Omee [Omagh] Belaghkine and 
 Belaghmore. 
 
 James of Desmond, Grandfather to the lord that now is, about
 
 LTUT] . 1310 1800. 
 
 I 
 111. i ii all wn - ooma to naught, 
 . ood the subjeol - qo bel tei than 
 
 bj the year, 
 :m five »hii . tin ooonl i 
 
 vnt ri in, and ] 
 
 ii into the 
 in and Kildare by Ji 
 ino then deputy, and 
 
 !.. i (nddwi . 
 
 I !in I \ 
 •ws [linn J now is nol 
 
 Till. I-'I.\ . IlIl.l.ANH. 
 
 96 Land, besides 
 
 iwns. 
 
 ["!• .. i bet 
 
 35 ., i 1050 .. 
 aound „ 35 ., i L050 .. 
 
 ii; ,. 36 ,. i '."'i' ,, 
 
 ii the Brienies, i Brenj OEurk and Breny O'Beily wen nol 
 count naught at that time, 
 
 Which contain . . . . 400 bet. 
 
 eth i v Cantreds i 540 „ 
 
 It was at that time fr in the water of Alef to the water of Down- 
 j Le towns 5920. This dii isi d was 
 . wherefore now it is mor< ay of 
 
 . . ally, to t he sum of £24,900. 
 
 1 1 ii- -t by succession, 
 ction B.nd/orU main, bo that he who is strongest ever 
 ideth. By reason whereof tliere is almost always rebellion 
 against the I 
 
 captain or lord keepeth m lands in bis own hands, 
 
 but giveth it to his followers, by whom he is maintained in all 
 what it pleaseth him to take, for all that they 
 have . ad.
 
 IRISH STATUTES, 1310 — 1800. 17 
 
 Some call tliem Isages, i.e. Dukes. 
 The Englishmen become Irishmen be these. 
 The Erl of Desmond. 
 The Knight of Kerry. 
 Fitzmorishe Kelly, Lord Cogan. 
 Sir Thomas Desmond, Lord Bared. 
 Sir Gerald of Desmond, the White Knight. 
 Lord Barry, the Knight of the Vale. 
 Lord Roache. 
 
 Sir Gerald Desmonds Sons. 
 John, Lord Barry of the County Watcrford. 
 Lord Courcy. 
 
 The Powers of the County of Watcrford. 
 Sir William Bourg of the county Limerick. 
 
 Sir Pierce Butler, and all the Captains of the Butlers in the 
 county of Kilkenny and Fedart. 
 
 In Connaught. 
 
 Lord Bourg of Corukeghoule. 
 
 Erl of Clanrickard. 
 
 Lord Birmingham of Aurie. 
 
 Sir Miles Stauntons sons. 
 
 Sir Jordan Stauntons sons. 
 
 Lord Naugill. 
 
 Sir Walter Barretts sons. 
 
 In Ulster. 
 Lord Savage of Locale. 
 Fitzhowten of Liskard. 
 FitzJuhn Lissed of the Chiunes. 
 
 In Meath. 
 
 The Dillons, Daltons, Tyrells, Dellamaris. 
 
 All the Countys of Ireland. 
 
 Waterford Caterlagh 
 
 Cork Uriel 
 
 Kilkenny Meath 
 
 Limerick Dublin 
 
 Kerry Kildare 
 
 Wexford. 
 Cminaught and Ulster.
 
 1- IRISH STATUTES, 1310 1800. 
 
 arlff tribute to wild Trith oallecl 
 
 aptain of < 'landcboyo . .1! l (| 
 
 i boONele . E40 
 
 Opholy, . £800 
 
 ' " Buy . . B10 
 
 . rarj i>> » »'( brril . £10 
 
 ;.-k i" < CBrene . £40 
 
 'II:, . . .'.'in 
 
 £40 
 
 80 in:nk.- 
 
 Suma totalis r .~ 10.
 
 IRISH STATUTES. 
 
 Briefly abstracted from Irish Parliamentary Records 
 1310—1800. 
 
 NOTES— PART I. 
 
 1310—1500. 
 There is a Royal Commission preparing " the antient laws 
 of Ireland" for publication. To these we make but passing 
 allusion, but while the Home Rule of to-day is still in- 
 choate it is interesting to look back and see what old 
 "Irish" Parliaments have done in the past. "Irish 
 Parliaments," both " rebel " and otherwise, have " sat " 
 in Ireland at various times, and in various places, ever 
 since 1310. The Brehon, or old Irish laws, wore entirely 
 in favour of " the strong hand." It was the capricious 
 adoption of these Brehon laws by the " settled English," 
 when they found that by these laws they obtained more 
 advantages over the " Irish who came in," than by the 
 new code. Which code being in a strange tongue created 
 first bewilderment, secondly, discontent in the mind of 
 the "Irish who came in." The "laws," framed f or " the 
 King's subjects in Ireland," were in the English tongue, 
 which for many, many generations the Irish did not 
 understand ; therefore they wire angered to find the " law " 
 administered by interested parties, apparently without 
 finality and always adverso to their interests. 
 
 in those early days "the laws" were framed for "the
 
 ,1310 I 
 
 Lb in Lroland, r n oonquored people, 
 
 distinction !>< t ween t he " Engli li 
 
 Irish snli t' "the English rebels and Irish 
 
 in I p. land. The distinct ion \\ hich 
 
 the <Hil' made, nol by "the law," 
 
 maladministration of thai law by Belfish 
 
 uorant individuals. The differenoi irly 
 
 ed into the racial hate spoken of at t he 
 
 nt time. 
 
 rlier laws w n\ irelj " def< d ive " 
 
 rules for protecting those small minorities dwelling in 
 the "Settled Country," from the "preying of the hi i 
 English rebels and [rish enemies" who swarmed in 
 una ttled " country. Later on laws \ 
 framed for protecting "the poor" from the "Oomerick and 
 rd " of the rich and strong, from extortionate 
 Church fees unlawfully claimed, and other "official per- 
 quisites" taken from " the people" by ■• the greater pedpli ." 
 on, for the better ordering <>| the country, the 
 [rish Parliament declared all laws made in England 
 should be "confirmed" or adopted in Ireland. This fact. 
 and anothei itive, namely, that very many laws 
 
 initiated by lui.-h Parliaments and passed into law 
 during one session were promptly repealed in tho 
 ■■ii.ii ] until, it was ultimately "ordered*." by the 
 [rish Souse of Commons th law" should be 
 
 brought before that Souse for consideration until it 
 first "approved" in England. The principle of our 
 in law of "Compensation for Malicious Injury" 
 is almost identical with a verj old Act passed by an 
 'arliament in 1465; while the promptnesi with 
 which "rents" were exacted in those days is in striking 
 with the indulgent proceedings of 1892. These 
 earliei "law-mas cognised that the essence of
 
 IRISH STATUTES, 1310—1800. 2] 
 
 good government was to protect the weak from the 
 tyranny of the strong; but their "laws," read to-day 
 in the brighter light of a wider experience and larger 
 knowledge of the laws of nature and political economy, 
 show them inadequate and unsuited for attaining that 
 desired end. Up to 1800 the governors of Ireland were 
 apparently endeavouring to accomplish a delicate job 
 with very inefficient instruments and thus to have 
 created many miseries. 
 
 THE PREAMBLE OF THE OLD STATUTES 
 OF THE IRISH PxlRLIAMENTS. 
 
 1310—1500. 
 
 Previous to 1762, when His Excellency Lord Halifax, 
 Lord Lieutenant of Ireland, gave order " that the Statutes 
 at large of this kingdom be printed and published unde] 
 the inspection of the Lord Chancellor and Judges," there 
 had been no uniform " Irish Statute " book. Some statutes 
 were only in manuscript, some were lost, while others had 
 been printed at different times in various shapes and forms. 
 
 This edition was to be made as complete as the muni- 
 ments of the nation, the care of the Lord Chancellor and 
 Judges, and the assiduity of Francis Vesey, to whom they 
 entrusted the editing and indexing, could make it. 
 
 The first volume commences with "Acts and Ordinances 
 of the Parliament of Kilkenny, Octavis Purijicationis of the 
 Virgin Mary, in the third year of tho reign of King 
 Edward II., Anno Domini, 1310." The first Act is, to 
 restrain great lords from " taking prizes from, or lodging 
 or sojurning against their will, with people who tilled the 
 soyle." Because these, merchants and others, " lesser 
 people," suffered, owing to the way in which these lords 
 "took all they willed" never "paying anie man :iniething.'
 
 iiusn m\u n . 1310 1800. 
 
 r.irli.nii.'iii montioued, lat in Dublin a ,d. 1429, 
 
 "before the Right i >< »l »li • and right gracious Lord, Sir 
 
 Thomas Button, Knight, Lieutenant <>l' our Sovereign Lord 
 
 Kin. II' •.v\ tl e VI on Pridaj nexl after the Beast of All 
 
 The next Parliament was called before Richard, 
 
 \ chbuthop of Dublin, Lord Justice of Ireland, in Dublin, 
 
 on Friday, the feast of St. Dunstone, when it was desired 
 
 eed that, "all laws for the protection of property 
 
 and defence thereof, be established the same as in 
 
 England j secondly, that "Comrick and Safe guard" be 
 
 abolished, and "such as adopt il be deemed traitors." 
 
 "t lomrick and Safe guard " being a " black mailing " of His 
 
 M by "thieves, robbers, and rebels" who 
 
 thei subjects "Oomrick," which was pro 
 
 tection from other "thieves," to the " discreding of the 
 
 • •hi." The next Parliamenl was held at Trymme, 
 
 the Friday next after the Epiphany, before John Earl of 
 
 Shrewsbury, \.\>. 1 117. when an Act was passed that none 
 
 of the King's liege men, or officers of his Land in Ireland, 
 
 may be absent from Ireland, " unless by command, without 
 
 forfeiting land and property." Another Act, "an English 
 
 uian shall have no hair on his upper lip . . . the said lip 
 
 shall be shaven at least once a fortnight . . . any found 
 amongst the English contrary hereunto, that then it shall 
 be lawful to every man to take them and their goods as 
 Iri-di enemies, and to ransome them as Irish enemies." 
 (This law was not repealed until 11 Charles J.) Another 
 Act '1 prohibiting " clipped money, called O'Reyles 
 
 money, and other unlawful money. And against gilt 
 bridles, peytrels, and other gilt harness, excepting for 
 Knights and prelates of holy churches." Another Ad 
 ordered "son* of Labourers and husbandmen" to follow 
 their fathers' busin< ss. " If any do otherwise he shall be 
 imprisoned for one yeai "mak< fine to the King, or
 
 IRISH STATUTES, 1310—1800. 23 
 
 lord of the Franchise, according to the discretion of tho 
 Judge before whom he is convicted." Again another Act : 
 •' Whereas this land of Ireland is greatly impoverished 
 from day to day by the great deduction . . . and carrying 
 out of Ireland into England . . . Silver plate, broken 
 silver, bullion and wedges of silver, made of the great 
 tonsure of the money of our Sovereign Lord the King, by 
 his Irish enemies and English rebels within the land . . . 
 and O'Beyles money do increase every day unto the hurt 
 and impoverishment of the people." . . . Twelve pence for 
 custom ordered to be paid on every ounce so removed. 
 
 The next meeting is called a " Great Council " " holden 
 in Dublin the Friday next before the Feast of St. Luke 
 the Evangelist, before Richard Duke of York, the King's 
 lieutenant of Ireland, a.d. 1450. 1st Act — "That no 
 merchant or other man keep more horsemen or footmen 
 than they shall answer for, and maintain upon their own 
 charges and their tenants." They must " present the names 
 of their men," and, they must not take " coynees, cuddies, 
 suppers or pledges, from the "poor husbands and tenants 
 on the land of Ireland." For these said " Irish and 
 English " " oppress and destroy them." By day and night 
 they come and " spoyl " " the English country " — if allowed 
 to go unpunished it will be " the utter destruction and 
 undoing of the said land." 
 
 In this same year a Parliament was holden at Drogheda, 
 the Friday next before the "Feast of St. Mark the 
 Evangelist," before the same Duke of York. Here an Act 
 was passed that no one should sell beer, wine or other 
 liquor, except by " the Kings measure " — gallon, pottle, 
 quart, pint — under a fine of forty shillings. 
 
 In 1454 another Parliament was called, before Edward 
 Fitz Eustace, Knight, deputy of the Duke of York, when 
 it was ordered at the request of the Commons, " that diverse
 
 Itlli II BTATDTKS, 1310 I s 'n>. 
 
 lawa •: "provisoura" (who were pri< id 
 
 l IjuuI -,, in Ireland, "against all them thai Bue pro 
 tho Court of Rome," be kepi in force. Another 
 \ ces fathers a twerable for their Bona and "wage 
 
 men," in all but crimes answerable with death, This Parlia- 
 ment was followed in 1445 bj another "Grand Council," 
 wherein the Recorders of Dublin and Drogheda were 
 ordered, because of the increasing poverty created by the 
 aid [rish enemies and English rebels, to charge only 
 twopence for a copy of a plain! ; if they took more they 
 "outlawed" and "ou1 of the protection of th< 
 King 
 The 11 .v Parliament assembled at Naaa on the Friday 
 i- A II Saints, before Thoma I it Maurice Earl of 
 Kildare, dopnty to Richard Duke of STork, a.d. 1467. In 
 this Parliament persons not "amesenable" to law, entered 
 lands without licence, killed and tfa "so 
 
 that Bald tenants dared not dwell in the lands, but must 
 fly . . . and leave them waste, which is a great mischief, 
 like to make much ol' this land waste . . . such -ann 
 able' persona out of (outside) the law, at this day have 
 more great rule, for default of punishment of mis- 
 than persons that obey the law . . . so they 
 (that do bo) shall lose their title and claim to said land for 
 to them and their heir-.'' In conclttsionj "this atatwle 
 not extend to Bitch persons as are amensable (<> the 
 on law" 
 Next Parliament a! Dublin, Friday next after the Purifi- 
 cation of our Lady, hef ore Thomas Earl of Kildare, deputy 
 to Richard Duke of Fork, etc., 1 158, wherein an Act was 
 '1 that "all persons beneficed must keep residence "; 
 in default "half their profits to go to the use of their 
 churches, the other half to be spent by the King in the 
 wars for the defence of the kingdom, "impoverished and
 
 IRISH STATUTES, 1310 — 1800. 25 
 
 weakened " by their absence, the " diminished service of 
 God and withdrawing of hospitality." 
 
 This same Parliament ordered towns and villages to be 
 enclosed, to save them from thieves who now laid them 
 waste, roadways to be left through the villages " from one 
 market to another." 
 
 In 1459, on the Friday next after the feast of St. Blase 
 the Martyr, the Earl of Kildare held another Parliament in 
 Dublin ; in the following year, on the same day, one in 
 Drogheda, in which it was ordered no one but a minister 
 or servant to a minister of record should sue in Court of 
 Exchequer on pain of <£10. 
 
 The next Parliament was held in Dublin 14(32, on the 
 Friday next after St. Luke Evangelist, before Rolando Filz- 
 Eustace milite domino de Porttestir deputato Georgii ducis 
 Glarenciae — Begi Ed. quarti secondo 1462 — when it was 
 ordered money received " of the issues and profits of the 
 Courts " be spent on the repairs of the castle of the King in 
 Dublin in which the Courts are kept. It being " ruinous 
 and like to fall," " and that all the leads of the isles of the 
 hall of the said castle, be sold by the treasurer of Ireland, 
 to make and repair the said hall." The following year 
 " Parliament Dom' Regius apud Weys die veneris prox' anto 
 festum S. Martini . . . quoram Thomas Desmond . . . 
 deput' Georgii ducis Clarencipe . . . ac abinde die Jovis, tunc 
 prox' sequent' tenend', ac exinde die Sabbati in festum sancti 
 Edwardi Regis, tunc prox' sequente ad villain de Naas 
 ... ad tunc prox' seq. ad civit' prred' Dom Eegis Dublin" 
 etc. Because " the land was waste," destroyed " by the 
 Irish enemies and English rebels of the King" attorneys 
 fees were lowered for every plea twelvepence, and eveiy 
 copy fourpence ; and if they claim more a fine of " one 
 hundred shillings." 
 
 The next Parliament was held at Trym, on the Wednesday
 
 IKIMI E I All PK8, 131U I BUO. 
 
 next alter ti: I . a reno . befoi e I ho Eai 1 ol 
 
 1 1 imond, I i 
 
 \ \ liereat that any found " robbing " by 
 
 <\-.\\ or uight, or going to rob, unlesH he have in oonipanj •■ a 
 faithful man of good name and fame in English apparel," 
 may be killed, and bis head broughl bo the portreffe al 
 Drim, who will give an order to the bringer to levy by his 
 own hand twopen rery man having a ploughland, 
 
 on.- penny off every man having a half ploughland, one 
 penny off ever) man having a house worth forty shillings, 
 and a half penny off every man having "a house and 
 amoake," in the barony where the said thief was taken. 
 And if the portreffi the certificate he " be fined 610." 
 
 Another Act provided all Lriahmen in Dublin, Myoth 
 i • 1. and Kildare shall apparel aa Einglish men and beard 
 like them, swear allegiance, and tah English sv/rname. 
 Again, that all Irish between aizteen and sixty, that dwell 
 with the English and apeak English, be supplied with 
 English bow and arrow. Until so supplied the) get two- 
 pence a month. Another Act, that in every town they 
 have butts to ah< ad all practise together every 
 
 holiday, "three time up and down" betwixt the "1st 
 of March and Last of -July, on penalty of one halfpenny 
 each day. Another Act wae pa 5ed that uo ship or vessel 
 of any foreign country fish in these lands without special 
 Licence from the King; that those who do come pay thirtej d 
 and fourpence a year, or else forfeit their ship: "the north 
 part of Wicklow is free." 
 
 in 1467 a Parliament sat in Dublin before Johanne 
 Com' Wigorn' (no day given), wherein an Act was pa 
 that, in future, "nunc purchase benefices from Rome." 
 
 "Wheras at ancient times all manner of vicars, having 
 
 Competent benefices did keep hospitality to the honour of 
 
 . and to the profit of the poor people, and now of Late
 
 IRISH STATUTE^, 1310 — 1S00. 27 
 
 diverse men of the holy Church, suing to the Court of 
 Rome, hath purchased Bulls from the Holy Father the 
 Pope to have as well abbeys, priories and other dignities 
 as parsonages and vicarages in commendam to the final 
 extinguishment of divine service and hospitalities . . . 
 whereupon ... in eschewing of those mischiefes ... it 
 is enacted and established by authority of the Said Parlia- 
 ment, that whatsoever maner of man of holy church, 
 purchase any manner of dignity parsonage or vicarage, by 
 bulls of the Pope, to hold in commendam, except that they 
 be out of the protection of the King, shall forfeit the value 
 of the said benefices during his life natural . . . and shall 
 incur in all penalties . . . made against provisors of 
 benefices ... it shall be lawful to the King to present to 
 said benefices for that time, and as often as the case require 
 aforesaid." 
 
 In 1468 a Parliament sat at Droghecla, where it was 
 enacted that all statutes and acts made by the English 
 Parliament " should be confirmed," and " adjudged of force 
 in Ireland." There was also a law passed to prevent those 
 having corn to " grancll up the same to sell upon a dearth " ; 
 or, to buy up in one market and sell " more deer " by " two 
 or fourpence the bushel " in another market, to the " hurt 
 of the poor." 
 
 In 1472, at Naas, a Parliament was held before the Earl 
 of Kildare, which is the first Parliament in which the word 
 to " prorogue " is used. In these days, " Ulster men " were 
 taking goods out of the kingdom into Scotland, without 
 paying " cocket " or customs to the King. They were to 
 be tried for so doing by "12 men of the next adjoining 
 county" by the " common law," and to forfeit such goods 
 to the, King. Another law obliged all merchants to bring 
 into Ireland, with any merchandize value a hundred pounds, 
 "bows and arrows" to the value of a hundred shillings ;
 
 IRISH BTATUTH8, 1310 1800. 
 
 and "so following up to twenty pound ; it not, they 
 m • to be fined their value. 1 1 ' uo grain 
 
 to be taken [reland when the price was "above 
 
 ■< ure of i he grain and ( he 
 ship u hicb carried it . 
 
 i. in 1 1 7 i liament waa called when an An 
 
 was passed that, as "lords spiritual and temporal, and 
 
 hurt and put to delay by " 
 tli. u when •' <!i : i were taken they died, 
 
 :en " from " t he pound " ; il wat ' b< r fore 
 if rent were no! paid within eight days, the goods 
 be appraised by four men <>t' the lordship; and, it' in eight 
 days after tins, /// , / /„• not j><ii<l. tin- lord i 
 
 take tin- goods for hi- rent and damages; what i abovi 
 pent and damages t<> It restored to the tenant. Another 
 \ d,'that no .•ii.'. not '■, should be proctor ; 
 
 resident ami spending forty shillings yearly 
 should l»o knight of the shir.' or sit in Parliament. 
 
 Another Parliament was called in Dublin, in L 480, before 
 the Earl of Kildare. Another, in 1493, before Walter 
 Archbi bop of Dublin, deputy for the Duke of Bedford 
 wherein the " watercources in St. Patric] Dublin, 
 
 were ord cleansed by the inhabitants. The "said 
 
 rch ami college i the foundation of our Lord the Kin;,', 
 
 and the -aid rliurrh and close is scituated, and stamleth in 
 
 a low valley, nevertheless . . . the said dean and ch piter, 
 
 ing the violence of the waters and floods, t>. their g 
 
 charge and cost . . . have made divers issues and gowts 
 
 for thr free avoidance of all such suddain floods: Also, 
 
 there was ^f old time, and now there are, two river- or 
 
 ne upon every side of St. Patric] 
 
 Podell, through which such waters had 
 
 a lawful course . . . until now, when the inhabitants filled 
 the said Podell by 'throwing i:: refuse from tic house.-,
 
 IRISH STATUTES, 1310—1801). 29 
 
 and by tanners making [ditches to water their skinns.' 
 Those that do such to be fined twenty shillings." 
 
 In 1495 Parliament was held at Drogheda before 
 Edward Ponyngs, deputy for the King. The first Acts passed 
 in an Irish Parliament, in the English language, were 
 passed by this Parliament. The Treasurer, in Ireland, was 
 therein ordered, henceforward "to make all officers in 
 Ireland as in England . . . 2ndly, offices to be held only 
 at the will of the king . . . 3rdly, because of ' haynous 
 abusions ' ' within the land of Ireland,' and ' confirmed by 
 authority of Parliament late holden within the said land, 
 afore Richard duke of York there, then being in rebellion, 
 . . . which abusion and enormity is declared and spoken 
 of through all Christian realms . . . that these laws (passed 
 by the Duke of York) be revoked.' " This was followed 
 by another Act, ordering "that no Parliament be holden in 
 this land until the Acts be certified into England, That all 
 other Parliaments be void." 
 
 All statutes against " provisors " at Rome strengthened. 
 The Acts of the Parliament of Kilkenny strengthened. 
 That all subjects in Ireland, English and Irish, to have 
 bows and arrows, to shoot at butts to be erected in every 
 parish at the cost of the parishioners ; and that constables 
 in every parish see this carried out on " every holy day," 
 under a penalty of twelve pence ; also, each defaulting 
 subject to pay a fine of fourpence, unless they show 
 " reasonable cause." So that " all the commons of the 
 said land may be able to doe the king or his lieutenant 
 service, for their owne defence or surety." According to 
 their different stations the "subjects" (English and Irish) 
 were supplied with different arms ; " every freeholder of 
 four pounds having " his horse, jack salett, bow and she.:! 
 of arrows." Another of Poyning's actsj "no person lake 
 any money for tl 10 death or murder of friend or kinsman,
 
 IRISH BTAT1 i'i 8, 1310 1800. 
 
 r than the K ■■■■' law will." That, when murder is 
 
 oommitted, "hue and cry shall be levied aooording bo the 
 
 id- «'t Winch 8i V'-r-iiii, ii was enacted, "tree on 
 
 ir the people to war againsl tin- King's authority, or 
 
 (If English." A ml, tor the Bafety "of 
 
 all the said land," the Constable of Dublin, Trym, Leiselipe, 
 
 AJone, W r, Greenoastle, Oarlingford and Grafergus 
 
 born in i' •' England" Thai some former 
 
 \ •- being lust or mislaid, or embezzled, any now Pound 
 
 keeping them be deemed felons ; thai now and henceforward 
 
 nil records be all Lodged in the Treasury, A.gain, beoa 
 
 owing t<> "penory," lor the last twenty-four years, the 
 
 lords of ParKamenl have not worn robes in Ireland, 
 
 "and have done away the -aid robes, to their own dis- 
 
 bonour and the rebuke of the whole land," thai in 
 
 future they wear them as in England : any failing to do so 
 
 "to be specified ami pays hundred shillings unto the King." 
 
 ■•Any hereafter making war, breaking pare, or spoiling 
 
 lri-li enemies, withoul licence of the King to forfeil 6100." 
 
 in the law strengthened againsl "coyn ami livery." 
 
 bher, forbidding the war-cries of "Cromaboo ami 
 
 Butleraboo," as disturbing the public peace. Tiny may 
 
 only call upon '-St. George," or the name of the Kin- <•!' 
 
 ami for tin- time being. All A.cts made in England 
 
 to in- osed and exercised in [reland. 
 
 Tin' Acts made in the Parliament at Drogheda before 
 
 • ii, Lord of Gormanston, repealed, because 
 
 ■• he had no manner of power by his commission bo keep 
 
 Parliament." All Acts made therein void. 
 
 h: l 199 lawE were made at Trisledermont, before Gerald 
 
 Earl of Kildare, deputy lieutenant in Ireland, which merely 
 
 providi t hat laws made in England be" proclaymedat Dublin 
 .■•ml Drogheda and other towns, to the intenl t hat merchanl 3 
 
 may know w hat those Ad- b©, and I he paiqs of (lie -aim-
 
 IRISH STATUTES, 1310 — 1800. 31 
 
 In 1500 there was the last Parliament of Henry VII., 
 which dealt principally with Customs duties. 
 
 NOTES— PART II. 
 1517— 1G35. 
 
 Between the years 1517 and 1G35 the Parliaments in Ire- 
 land made vigorous efforts to improve the country by passing 
 social measures. In the previous centuries the Acts passed 
 were mostly for " repressing turbulent English and Irish dis- 
 turbers of the public peace," little effort being made to foster 
 or encourage trade or industry. In fact, the " settled " 
 country being but a small portion of Ireland, laws were made 
 principally for the preservation of those within this pale, all 
 without that area being considered " outer barbarians." 
 
 Previous to 1517 those within the pale were obliged to 
 " sue " their causes (when of importance) in England, 
 which was a hardship upon the " poorer people," unable to 
 support this " great expense and trouble " ; therefore in this 
 year they were enabled to " sue " in Ireland. Stringent 
 laws were made against export, because " taking goods out 
 of the country injured the poor " ; Acts wero also passed to 
 prevent " idle fellows " who would not work from " preying 
 upon those " who had goods." 
 
 From early days until 1537 "the English rebel and 
 Irish enemies " in Ireland were continually described as 
 "preying" upon the English "settlers" and Irish that 
 " came in," to the destruction of the country. Up to this 
 date thero does not appear to have been any serious racial 
 or religious antagonism, only a war of the large mass of 
 "idle" and "dissolute" English and Irish upon those 
 better behaved and steadier men of both nationalities, 
 who were working together to civilise the country and 
 improve their own condition. The very laws made then 
 against "Lezers" would apply to the vagrant "loafers"
 
 • . i ; . 1310 1800. 
 
 , . 1 1 , )■'. •■lu. L_\ raannei • ■ 
 
 thon as now the habit of those \v 1 1« > disdained 
 but to beg were n->i q ba naed. The e " la j 
 1 i bems . bu1 w< re onl) active 
 
 when disturbing the public peace. Parliaments were 
 nomadic, held throughout tin* country, there being n<> 
 i •• Parliament I louse." 
 llenrj VIII. is believed to have been the "grabbe 
 churches. Ii is therefore worthy of note thai the [rish 
 Church property which he "appropriated" by Act <>i Par- 
 liament was the derelict property ol absentee churchmen, 
 which, with the lands of other lay absentee owners, were 
 ribed as being "wasted" and overrun by ? 'Irish 
 enemies and English rebels." His Parliament also made 
 a law prohibiting "proctors" (compelled to be prii 
 from taking part in any Parliament, as Buch "foreij 
 interference was mischievous. Besides, they did "obsu< 
 God's la^ for mundan pur] es. Owing to these "grie\ 
 s " being continually complained of, the King claimed 
 to be " Supreme Head of the t 'hurch," and took upon him- 
 to remedy these evils. It is evident that, having got 
 the " faithful Lords and Commons to pass an Act of 1'arlia- 
 ment giving him an inch, the King proceeded to take an 
 • •11 of p the Church. 
 
 to labourers and husbandmen passed by 
 
 Philip and Mary Bhould be brought to the notice of the 
 
 Commission, and be studied by .M< ars. Keir 
 
 Bardie and Co. j while the crude views as to husbandry are 
 
 worthy of the consideration of thet ongested District Board. 
 
 Jn the days <>!' Philip and .Mary the abrupt reversal 
 
 of ili<- Church laws of the previous reign no doubt gave 
 
 opening for licence, and so were the cause of the 
 
 which took j il.i < ■« ■. I'Yom henceforward there 
 
 is parliamentary evidence <>f a growing religious and racial
 
 IRISH STATUTES, 1310—1800. 33 
 
 difference. It is no longer the " English rebel and 
 Irish enemy" who are described as antagonistic to the 
 " settled " country, but a feud between "Protestant" and 
 " Papist," " English " and " Irish," which had to be legis- 
 lated for. Philip and Mary " reversed " the Church laws 
 of previous reigns, and reinstated the Pope in " such 
 power " as he previously possessed, and also revived acts that 
 had been previously in force for "ponyshing" of heretics. 
 
 When Elizabeth took up the reins of government, she 
 ruled with " the strong hand." With a stern indifference 
 to customs, she effaced old laws or made new ones, actually 
 forcing the people of this country, whether they would or 
 not, to work out their own social salvation. There was no 
 compromise, those would not obey the laws were "wiped out." 
 
 In the seventeenth century James's Parliament re- 
 pealed all the remaining old " penal laws " against the 
 " Irish enemies," putting all " Irish subjects " on an 
 equality with "English subjects in Ireland." In 1615 a 
 Bill was passed whereby members of Parliament were 
 paid for their services: every shire knight 13*. id. per 
 diem; every citizen of a city being a county, 10s; every 
 burgess representative, 6s. 8d. per diem. They received 
 this pay for fourteen days before, after, and while attend- 
 ing in the Parliament. In the next session of the same 
 Parliament, the House considered these fees too high, so they 
 were cut down to half. There is nothing new under the sun ; 
 and the Radicals of to-clay, in calling out for paid members, 
 are only adopting a retrograde movement, in endeavouring 
 to revive an Act passed nearly three hundred years ago. 
 
 In 1634 Charles I. made efforts to protect Irish farming. 
 But, on the plea that the Irish were not trained to trade, 
 the King, addressing his faithful Lords and Commons, 
 ■•id vised all Irish manufactures to bo discouraged, and 
 forbid them to make broadcloth, (or fear of inconveniencing 
 
 3
 
 \ni kb, laiu I800. 
 
 ; nto tin- market. I ( \\ a 
 ith prohibition that Lord Stafford Btarted 
 i i cil t In- I ' '-in- linen t rade. 
 At the opening of Parliament in 1634, Ireland appears 
 i<> have risen t<> the top of a wave of a rude prosperity. 
 Eustace, being unanimously elected speaker, 
 addressed the House in what, i«> modern Ideas, are high- 
 Bown terms, and m rather too plentiful embroiden of 
 Scriptural quotatioi Referring enthusiastically to the 
 
 •- and bounds" of improvement during (In- previous 
 decade, he congratulates the Souse on (In- good measures 
 which produced Buch satisfactory results. But he concludes 
 bj pointing to certain dangers, which he counsels them bo 
 take "good and proper " measures for averting. 
 
 We will now take the Leading measures of this period in 
 
 [RISE STATUTES, L517 1634. 
 
 first Irish Parliament of Henry VIII. was held in 
 
 Dublin 1517, before the Earl of Kildare, when the first law 
 
 made, was, to prevent people in Ireland being vexatiously 
 
 Iged to go t" "great labour and expense" by having <<> 
 
 • causes in England. The aext Parliament was 
 
 held in Dublin L522, before Thomas Earl of Surrey, 
 
 rein a law was made that it was high treason to burn 
 
 . by evil-disposed persons, "for malice, 
 
 evil will, or displeasure ; that they be punished accordingly, 
 
 and the law saved," "to the chief e lordes of the Boyles their 
 
 esch ami flocks were not to |><< exported, as it 
 
 made "a dearth of cloth, and idlenesse of many folkes, so 
 
 that in default of labour . . . men and women have fain to 
 
 theft and other misgovernance, to the desolation and ruins 
 
 bis poor land." Another law provided thai 'it there 
 
 Seepogi \. M i:
 
 IRISH STATUTES, 1310—1800. 35 
 
 were not sufficient right persons within the four shires where 
 the Kings law is occupied in this land " for the giving of 
 " right verdicts," jurors; properly qualified should try cases 
 elsewhere. In 1534 a Parliament was called in Dublin 
 before the Earl of Kildare, when an act for " lezers of corn " 
 was brought in ; because, " so many will not labour for 
 their living . . . but lezing corn in harvest . . . they 
 refuse money for their wage, refuse to rippn or binde corn ; 
 to the intent the poor earth tillers should give them sheaves 
 for their labour . . . wherefore they (have excuse to) steal 
 corn by night and day, to the hinderance of earth tillers . . . 
 also, the church is defrauded of the tythe of the same." 
 " Whatever is lezed may therefore be seized and divided 
 between the Lord of the soyle and the taker." Amongst 
 the great Acts of this Parliament were uniting church 
 properties, notably, by the prayer of the Prior of St. Petor 
 and St. Paul of the Newton besides Tyrmme, incorporating 
 therewith Galtrime, which was the " appropriation " of one 
 Nicholas Husse, as " was given by force of a remainder of a 
 trial, to one Peter Hussey, anncestor of the said Nicholas, 
 whose heire the said Nicholas is." In the year " anno 
 regni ejusdum Domini Regis vioerimo octavo" a Parliament 
 sat before Leonardo Gray, first in Dublin, in May, in 
 Kilkenny, in July, and also at Oashel and Limerick, ending 
 December 1537, for the attainment of the Earl of Kildare ; 
 secondly for the Succession Act of the King and Queen 
 Anne, when it was made "treason to utter anything to the 
 slander or prejudice of the said (Henry VIII.) marriage or 
 of the issue so inheritable." This Act entailed the suc- 
 cession, — failing males — upon " Lady Elizabeth, now 
 princess ... as the crown of England hath been accus- 
 tomed and ought to go." Because of " the mischiefrs, 
 occasioned by the absence of persons having land in 
 Ireland," a law was made that the King enjoy all lands,
 
 IRI8H BTA I' T! B, 1810 I ROO. 
 
 ' . I lir •• u inning " of 
 ■ lands " in the beginning " "notoni e Kings 
 
 noble progenitor rhn timable, but also thai to 
 
 whcin the land was given, then and man} after 
 
 abiding in the land, nobly . . . defending the same againsl 
 the Kings enemies, and, also kepi the Bame in such tran- 
 qnilitie and lt* >< < 1 order, so as 1 1 1 « • . . . laws (there \. 
 obeyed . . . revenues paid . . . as within the realm of 
 l • land . . . (now) nol pondering, ne regarding . . . 
 towi . appertaining onto them, fell into 
 
 i . . . and the English inhabitants there . . . (thus 
 I) -l.v oompulsion <>l" those of the [rishry 
 exiled,' the rebels thus are attaining the property and 
 neglecting the King's lawj therefore the King appro- 
 priates the lands of the lords and clerics, who, neglecting 
 Ireland, wentto live on their English estates." Amo 
 those bo appropriated were Howard's (the Duke of Norfolk's), 
 Talbot's (the Earl of Waterford's) lands, :il>t> those of the 
 " heires general " of the "Abbol of Fumes, St. Augustins 
 ol Bristow, Canterbury, the prior of Lanthonie, the prior 
 I artmell, the abbott of K( ntesham, the abbot or prior of 
 Osney, of Bathe, and the master of St. Thoma \ ... 
 which they . . . not regarding the defence, ne good order 
 of tl ... have suffered the Kings enemies to 
 
 and i-nti r into for their dominion and possession, 
 thai now they (the King) re-enter into possession." 
 This Parliament repealed Poyning's Act. 
 
 Their next Ad was to "Authorise the King, his heirs 
 mid • to be supreme head of the church of Ireland. " 
 
 This was followed by an Act forbidding appeals to Home, — 
 similar to the English Act -such appeals to be in future 
 made to "the King of England and Lord of Ireland . . . 
 whatsoever he be, of this land of Ireland, for the time 
 being." Various " attaintments " wen- made, and Ad
 
 IRISH STATUTES, 1310 — 1800. 37 
 
 passed to prevent the interference of the " foreign head of 
 the church"; notably an Act prohibiting "proctors" from 
 being members of Parliament, proctors being obliged to 
 be clergy. They "have no right, any voice or suffrage 
 in the same, but onely to be there as counsailors and 
 assistants to the same. . . . That the said proctors ne any 
 of them . . . ne any member in parcel of the same Par- 
 liament, ne shall give, ne shall have any voice, opinion, 
 assent, or agreement to any act . . . enacted in any 
 Parliament within this land." Chapter xxiii. of this 
 Parliament goes specially into details of the "mischief 
 attending the Pope's authority" which did " obsucat and 
 wrest Gods holy word and testament a long season from 
 the spiritual and true meaning thereof, to worldly . . . 
 craftie devises . . . inventions set forth under the cloke of 
 virtue . . . only to promote and establish his dominion as 
 well both upon sowles and bodies as also temporal goods of 
 all christian people, excluding not only Christ out of his 
 Kingdom . . . but also Kings . . . out of their dominions 
 . . . also spoyled this (the Kings) land of Ireland, yearly of 
 innumerable treasure . . . persuading them by lawes and 
 bulls ... of irronious views of the Kings laws . . ." (so 
 that) "for the publique weal of this land (it is necessary) 
 to exclude that foreign pretended power . . . usurped within 
 this land." After November 30th, 1537, it was illegal for 
 the See of Rome to interfere, or to do anything " dirogatory 
 to . . . the lawes, customs, and usages of this land." [No 
 Church ceremonies were touched or prejudiced by this Act, 
 neither was the Church's right of dispensation interfered 
 with. — A. M. P.] Besides the various Acts connected with 
 Church matters and foreign interference there were Acts 
 for protecting fisheries and old leases ; also, that parents 
 unable to keep their children to school beyond ten years of 
 age, should " put them to handicrafts or husbandry on 
 
 )3
 
 II BTATUTB8, I81U 1 800. 
 
 I M the thirtiel h \ i ar <'t' i be Kim:. 
 uiu'iii wn* railed in Dublin, June 1 3th, before Anthonj 
 St. I I iok and Tryin, ending November 
 
 I'.'di. 1542. Tho first \ Parliament was to ordei 
 
 i'i ! . nil. hi i heir and moo oi . be 
 Kings of 1 1 .la tnl." I and Acts, Church Acts, Tythe A 
 freeing *>!' those who were "oompelled" to take Church 
 or building churches, vicarages, and against 
 . who were "to be Btript naked and whipt" as 
 foun b parish "where t hey had not a license to b 
 
 In Lymerick, in February 1542, an Adjournment Act was 
 brought in, and fresh regulations made aa to the persons 
 to be choa □ for Parliaments. 
 
 '.. <•. 16. '■ That whereat the bang's In h 
 
 ies have been heretofore of great force and strength 
 
 within this land of Ireland, by reason whereof they have 
 
 charged divers of the King's towns and faithful subjects 
 
 with tributes and exactions, for consideration that the 
 
 im< ii. which do take the said tributes Bhould defend the 
 
 King's said subjects, which they have uot done, oe 'I" aot, 
 
 and yet the King's said subjects at the charge <1<> pay them 
 
 said unlawful imj to their utter impoverish- 
 
 . The King having respect to the povertie of his 
 
 -;iM subjects . . . ordained, Thai no manner Iii-h man 
 
 within this land of Ireland, shall have any tribute, exaction, 
 
 unlawful impositions of, or upon any the King's 
 
 or faithful Bubj< . etc. 
 
 Rot. Pari., c. 23. — Act against the authority of the Bishop 
 
 of Pv 
 
 Pari., c. 26. — The [rish habit prohibited in "this 
 
 part of this hi^- (the King's) land in Ireland, that is called 
 
 the English l'al«'." Clause 3, "the English tongue to be 
 
 '• Householders to live after the English 
 
 i »n."
 
 IRISH STATUTES, 1310— 1800. 39 
 
 33 Hen. VIII., 2 Session, c. i. (1542). — " Forasmuch as 
 , . . it was enacted ... no parliament should be . . . held 
 ... or proroged in any citie . . . but in Dublin or in 
 Drogheda, ne that no parliament be prorogued . . . over 
 and above two times. Neyther that no knight, citizen ne 
 burgesse, should be chosen in parliament, but such as dwell 
 within counties, cities or townes where they be chosen . . . 
 that such . . . spend fortie shillings in fee simple . . . and 
 ever proctor to be within same diocesse ... if any be 
 otherwise . . . that all acts . . . made in that parliament 
 shall be voyde, which acts considering the distance of 
 borough townes and obedient shires from Dublin and 
 Drogheda . . . and the dangerous and perilous passage 
 by the way, by the occasion of the kings rebels . . . 
 wherefore it is enacted ... by this present parliament 
 . . . the acts summoning parliament in any other city . . . 
 and the choosing of knights, etc. . . . within the same 
 diocesse . . . shall be voyd. . . . Provided . . . every . . . 
 knight ... be chosen by the greater number of inhabitants 
 present ... be chosen as before rehearsed . . . despend 
 ... or have freehold in the counties of iOs. yearly. Every 
 inhabitant electing otherwise forfeit £5. . . . every 
 knight otherwise elected forfeit <£100." 
 
 An Act for the suppression of Kilmainham and other 
 religious houses. 
 
 33 Hen. VIII, c. v. — " Whereas Sir John Rawson knight, 
 late pryour of the pryovy or hospitall of St. Johns Jerusalem 
 ... in this realm of Ireland, and other . , . abboths, 
 pryors, abbesses, prioresses, and other ecclesiastical gover- 
 nours of diverse monasteries, etc. etc. ... in Ireland of 
 their owne free and voluntario mindes . . . without con- 
 strainte ... of any manner of person, scithens the fourth 
 day of Februarie in the seven and twentieth reign of . . . 
 our Sovereign Lord, by the due order and course of the
 
 I" li.lMl >i \M I KB, 1310 I BOU. 
 
 non law ! [relaud, bj w i i ( i 1 1^ ~ . . . under 
 
 their common seal . . . bave severally given, granted . . . 
 
 and confirmed all monasteries . . . and other religious 
 
 . privilidgoH . . . manours lands . . . to our 
 
 Baide lord the King. Elenouncing the same . . . said hot 
 
 M to the King and bis heires forever Ml hoi 
 
 hereafter dissolved with their revenues shall be vested in the 
 All leases and rents of Buch premisi d ai 
 
 settled by the King's patent. Monasteries before exempt 
 from visitation, henceforth op< d to visitation. 
 
 In 1 bh was divided into east and west, " beoausi 
 
 it was o greate and large in circuit, and the West part 
 thereof laid about and beset with divers ol the Kings 
 rebels, and thai in Beveral partes thereof the Kings writs 
 for lacke of ministration of justice, have nol of late been 
 obeyed, ne hi ( Lawes pui in execution. And that 
 
 the said sheriffs of the saide shire, for the time being, 
 most oiiniiK'iilrv hath Imm'mi- oho of the inhabitants of the 
 English pale, . . . within the same county and is not able 
 tecute the Kings processe . . . and other things belong- 
 ing to his office ... in the west ... in consideration 
 whereof it is wise there be two sheriffs." 
 This was the last Act of Henry VIII. 's Parliament. 
 The first important Act of Philip and Mary was an Act 
 explaining and reviving Poyning's Act. An Act was also 
 • 1 against "corserie," buying horses, colts, etc., intend 
 ing to fatten them on "the lord's land " and then selling them 
 "verydeere." It was a hindrance to husbandry — hurtful 
 to the wealth of the realm — as these men idled and robbed 
 and would not work. Theivl'oiv, after " 1st May, any 
 ■r or labourer, horseboy or kernaugh shall not buy any 
 b," etc., upon pain of forfeiture and lino of 40s. Those 
 who want horses for farm work may keep them from August 
 to October. This Parliament made an Act against making
 
 IBISH STATUTES, 1310 — 1800. 41 
 
 aqua vitrce, as thereby " grain and other things were wasted 
 ... to the loss of the poor " : by paying a fine and getting 
 license therefore " some may make it for their own vise only." 
 
 An Act was made repealing statutes against the See of 
 Rome • and the Bull of Paul IV. forgiving the subjects in 
 England and Ireland was published. Parliament con- 
 firmed the Pope's dispensation, and declared all churches, 
 monasteries, etc., as in possession of Henry VIII. and 
 Edward VI. to be now confirmed to her Majesty. Clause 
 6 of this Bill " that whoosoever shall by any processee 
 obtein out of eny ecclesiasticall courte within this realme, 
 or without, or by pretence of anie spirituall jurisdiction, 
 oi- otherwise, contrarie to the laws of this realme, inquiet or 
 molest eny person or persons, or bodie politique, for eny of 
 the said manors " shall sutler as by Act made in Richard II., 
 and shall forfeit. Clause 8 says, title of " Supreme 
 Head " never could be justly attributed to any King ; 
 yet, that Acts having these titles " be kept and pleaded." 
 The Pope is also reinstated in "such power" as he had 
 before over his people in Ireland. This was immediately 
 followed by an Act " for reviving of three old statutes 
 made for the ponyshment of hereticks." 
 
 3 & 4 Philip & Mary, chap, xiii., enacts, " any person 
 comying of Scottes, being men of warre . . . within this 
 realm (given) eny wages, bonaghts, forreyn or other enter - 
 teynement, or hiere for the service in warre . . . for such 
 offence . . . shall be adjudged high treason . . . and 
 everie of them . . . convicted thereof . . . shall suffer the 
 peynes of death, and losso . . . all goods . . . land, etc. 
 . . . Iff any person born within . . . Ireland cloo hereafter 
 (without permission) contracte matrimonie . . . with eny 
 Scottishe man, woman or may den . . . they shall be adjudged 
 felons and shall suffer peynes of death, losse of goods," etc. 
 
 This was followed by another, wherein the Queen re-
 
 ii >i ah n -. 181U L800. 
 
 linquudied her right to the churches, etc., \- ted in lier, 
 which thus lapsed to the Pop . Thi/H Parliament, fruitful 
 
 : t benefiting the Church, ends with one ••:>-. 
 bryuingc in ScotU, reteyning of them, and marrying with 
 them." The penalty for so doing was death and forfeiture 
 ..1 lands as 1 1' a felon. 
 
 Parliament met January L 2th, second y< 
 lx>th; <li bruary 1st, 1560. I> first Act was 
 
 to the Crown the ancient jurisdiction over the 
 lad and spiritual, and abolish all foreign j •■ 
 I to the same; tore-establish A. j of Henry \'lll., 
 and repeal some of Philip and Mary, specially thai reviving 
 the tl for punishing herei ae who would 
 
 not hi to the Crown to hold office. 
 
 Chapter ii.. clause 1. altered the Book of Common 
 Prayer, [f people failed to attend church they were fined 
 
 for the use of the \ r, to be collected by the church- 
 
 wardena Various Church regulations were made, and it 
 ordered that churches may maintain all church orna- 
 ment* tfi w otherwise ordered. 
 
 The l n • x t meeting of Parliament was in Dublin, in May. 
 before Lord Sidney, ami was prorogued hecemhor 1 lil.li, 
 The first Act was claiming a Bubsidy; the second, 
 making a law to regulate tanning; the third belong 
 
 attainted lands : the fourth Act makes " the five best Irish 
 in a county for all those of their surname." 
 
 In the third session of this Parliament Shane O'Neil wae 
 btainder," and the name of O'Neil extinguished by law. 
 iter iii. of this Parliament the Queen is entitled to 
 the lane Fitz Gerad, Knight of the Glanne 
 
 or valley-lands in Munster, because the said Thomas and 
 his son have been i xecuted for committing "sundry willful! 
 murders." Peopl rbidden to keep swine near the 
 
 river.-, as they destroyed salmon fry; neither flax nor hide-
 
 IRISH STATUTES, 1310 — 1800. 43 
 
 may be put, without licence, in fresh water, because so 
 doing poisons the people. In the fourth session of this 
 Parliament the Earl of Kildare, his brothers and sisters, 
 were restored to then' blood. 
 
 In the thirteenth year of Elizabeth manufactures of 
 " stuffe from avooII flocks, lynen yarn, woollen yarn, sheeps- 
 fell, calfell, goatfelle, red deerfell or fallow deerefell shall 
 onley be sold by free merchants of the towns." English 
 merchants bringing other goods may buy these cloths 
 from the authorised persons. In 1571 John Oge Fitz John, 
 Knight Fitz Gybbons, was "attainder," and lands forfeited. 
 
 In the twenty-seventh year of Elizabeth, April 1st, 
 Parliament sat before John Perrot, and had two sessions 
 ending May 13th, 1585. In 1586 comes the " attainder " 
 of the late Earl of Desmond and a large company of others 
 for high treason. And so on to the end of this reign — 
 each Parliament more occupied in " attaindors " and securing 
 of " the people " from depredations of the enemy than in 
 improving the resources of the coiuitry. The making of 
 laws and repealing of previous laws occupied Parliament, 
 where it was complained ; local jealousy, private feuds 
 fomented by " foreign aids," were keeping the country 
 unsettled, and giving opportunity to the Irish enemies to 
 come in and " spoyle " settled lands. 
 
 In 1612 James I. 's Parliament passed an Act repealing 
 Acts passed " concerning the natives of this kingdom of 
 Ireland." Whereas in King Henry VI. 's an Act was 
 passed not to hold " fair or market . . . amongst the 
 Irish enemies," etc., etc., marrying Irish, or fostering there- 
 with, all these statutes shall now cease, in hopes that 
 by " Liberty of commerce and marriage they may grow 
 into one nation." Acts against the Scots were also re- 
 pealed. Free pardons, except for certain murders and 
 other heinous crimes, were also given by the King.
 
 I I IIU8H E i \ N I B8, 1310 180U. 
 
 In [615, in the I 'i "i Parliament, after much 
 
 discustdun and several dissentients, ii was decided by the 
 Eioue . "Ever) Knight of a Bhire be allowed thirteen 
 shillingH and fourpence In h per diem from the country 
 during their attendance in Parliament, every citizen of a 
 being ■ Oountj in it elf ten shillings Bterling, every 
 Burgess six Bhillinga and eightpence per diem, which was 
 thus rated so high for divers considerations then seeming 
 the Souse; I >ut now, the House entering into 
 further considerations, do think lit and bo order, that, 
 during the present Session of Parliament, and ten i 
 before and ten days after, every Knight of the Shire 
 1" allowed but Biz shillings and eightpence, English 
 
 i en Eve shillings, every Burgess three 
 shillings and fourpence, unless special agreements ivere 
 
 made, when those agreements hold g 1. The Hoc e 
 
 I at six in the mornings." 
 
 The next Parliament met 1634, in the truth year of 
 Charles, when it was ordered henceforward ••yeas go into 
 the next room; those of the contrary opinion, being noes, 
 -hall stay within."' ,\ Bill for "working the materials of 
 this kingdom of Ireland into manufacture " was passed. 
 Another to restrain "the converting of arable land into 
 pasture" also passed. The Bill obliging bows and arrows 
 to be imported by all merchants repealed. Jn 1635 an 
 A.ct was passed preventing ploughing by the tail, and 
 pulling the wool off living sheep. 
 
 Jn lO.'Ji Parliament opened in Dublin, when, by the 
 
 King's speech, the Parliament was ordered to "restrain 
 
 uch not been seven years apprenticed, nor or 
 
 in the trade, who, if they should be enabled to 
 
 make manufactures might introduce many inconv< oiencies 
 
 in trade . . . restrain them from making broad cloaths." 
 
 On the opening of this Parliament Mr. Serjeant Eustace
 
 IRISH STATUTES, 1310—1800. 45 
 
 was chosen Speaker, and in a florid speech adverted to the 
 state of the country. As this speech is, in part, apposite to 
 the present time, a lengthy extract will be interesting : — 
 
 "The time was, and not very long since, when the Judges 
 of our land were as it were, impaled within the English 
 Pale, and went no further ; but now their circuit is like 
 the sun, from one end of the kingdom unto the other, and 
 there is no place therein where their voice and sound is 
 not heard. The Brehone law, with her two brats of Tanistry 
 and Irish Gavel kind, the child of the bond woman, are 
 cast out as spurious and adulterate, and every man desireth 
 and rejoyceth, that the common law, which is the child of 
 the free-woman, should reign over them. Let not, God, 
 this scepter depart from our Judah, nor such law givers 
 from between his feet, until Shiloh come. . . . What people 
 in the Christian world — besides ourselves and our fellow 
 subjects — have enjoyed so long and continued peace, in these 
 later times as we have done ? . . . Good ! Good ! what a 
 time was, when there was nothing heard but the ratling- 
 noise . . . the shrieks of the wounded and slain, when this 
 island did as it were, swim in a sea of blood. . . . But these 
 black and sad times are in a manner forgotten by reason 
 ... of the peace we have enjoyed ; I only touch upon them, 
 that contraria jtixta se posita clarius ducesmnt ; for every 
 one of us now doth sit in safety at home under his own 
 roof ; our swords are turned into ploughshares." After 
 rejoicing " that the power and freedom is given unto us, 
 that England cannot make laws at this day to bind our 
 estates without our own consent," he goes on to "set 
 forth our happy condition." Many walled towns, stately 
 houses built, gardens and orchards planted, " Irish cuttings 
 taken away, Coyne and livery abolished, every man a 'little 
 King of his own mole hill.' " What we have is our own, 
 and cannot be taken from us. " And tell me now, whether
 
 10 iribi i 'i" 1 800. 
 
 h Harp quartered with tho Arm ol I'm Lml . . . 
 
 doth melodiously, and is famous over all the world 1 
 
 It v .1 instrument, warbling out nothing 
 
 but mournful lami ntations For the dead and -lain, and thia 
 
 •\ i he rivi i "i I tabj Ion, and all i binga 
 
 in confusion ; but . . . now . . . they make a perfect 
 
 Order . . . for the goodness of everything doth 
 
 1st of order, and without order the universe would be 
 
 lived. . . . When there was nothing but disorder what 
 
 was it like unid! the ruins of a stately palaoe. But there 
 
 are the materials (ol mischief) still . . . only order i, 
 
 taken. . . . For ... I do humbly beseech . . . that is the 
 
 debates we shall have touching the great and weighty affairs 
 
 of this Kingdom . . . we contain ourselves within bounds." 
 
 When the Speaker of the Bouse, Serjeant Eu tare, 
 
 ad the Irish Parliament of 1634, he gave a i 
 
 encouraging account > of the country. His 
 
 testimony i- more than corroborated by other accounts, 
 
 every evidence going to prove that from 1600 to 1634, 
 
 Ireland made extraordinary progress in chili ai ion. 1 luring 
 
 thos< ye i "great " houses were built, towns were en- 
 
 ■d. roads and bridges made, old churches ri [tailed, now 
 
 dun- shes built and endowed, forests cleared, fort unes made 
 
 ly Belling the forests of Inland under the form of "pipe 
 
 1 1 e land stocked, orchards planted, so that " .- ti lers," 
 
 both English and Irish, grew to ho a wealthy body. The 
 
 e of his ad ratulating the 
 
 House on the present position of Ireland, gives a warning 
 
 that there are dangers ahead. That. Serjeant Eustace had 
 
 inds for his anxiety was proved oven more speedily than 
 
 he appears to have anticipated ; and in L639 things seem to 
 
 have got into a \>-vy serious condition. At this time it was 
 
 the custom to fine those members who failed to attend bhe 
 
 House, unless their absence was satisfactorily accounted for,
 
 IRISH STATUTES, 1310 — 1800. 47 
 
 and a length of absence from any cause, even illness, was not 
 considered " justice " to the constituents ; so that if absent 
 for long, the seat was declared void, and a new election 
 ordered. In 1639 absences increased, fines were each day- 
 called, and only very few men " absolved " themselves from 
 their non-attendance. Men were too busy at home, owing to 
 the quieting of " dissatisfactions," to attend. Finally, " dis- 
 satisfaction " took the form of "Remonstrances" to the House. 
 There were " grievances " against the clergy, the State, 
 the "customers," and "officials" of all lands. The first Re- 
 monstrance, presented to the House in 1640, was against 
 "tyrannical clerics." Bills were introduced to "repress" 
 these, and also the other grievances complained of. But evi- 
 dently the administration was not as good as the legislative 
 enactments, for, despite Bills, robbery and jobbery continued. 
 Tobacco was the staple import, and a source of much 
 wealth ; bought cheap, and sold dear, it made large sums of 
 money. But complaints were constantly made in the House 
 " that all his Majestys poor subjects suffered thereby," whilst 
 " Monopolists " and " robbers of the Kings Majesty " alone 
 benefited. For the latter, evil "customers" were accountable; 
 so the revenue laws were strengthened, while from the " Mo- 
 nopolists " higher duties were enforced. No law, however, 
 relieved the " ill-paid labourer," who were " poor subjects," 
 in the West Indies. At this period honesty and fair dealing- 
 appear to have been rare, cupidity, from the King downward, 
 the ruling passion. Through the votes of their representatives, 
 " the people " continually complained of extortions, and de- 
 manded u one law" for the two countries, which were inhabited 
 by a people " derived from a common British ancestery." 
 
 NOTES— PART III, 
 
 1 (•.:{(-)— 1G60. 
 Fiiir laws were passed, but the laxity of administration
 
 I 
 
 ii, in 
 Bui 
 
 mil 
 
 U and < • Public 
 
 an eloqm nt 
 
 .U'l for helj ' 
 
 :. 1 finallj 
 
 ruptly '• 
 
 . 
 
 1. 
 
 In the 1 
 
 made by 1 
 
 citb' . - of the 
 
 full _ i of its i , 
 
 hum 
 
 I 
 s 
 
 this 
 kin;.' . . I their i :A mini 
 
 ially the pooi _ mpoverishi - 
 
 Which . . . 
 
 :.animous 
 
 vot»- tt all of them \v. i and 
 
 dly those 
 in t 3 hednle mi
 
 IRISH statutes, 1:510—1800. 49 
 
 exorbitant and barbarous . . . ought to be quite abolished, 
 being repugnant to law and reason. And the rest ... to 
 be moderated, for the relief and ease of his Majesty's 
 subjects in general, especially the poor, who are most 
 troubled and vexed in this kind." Church grievances were 
 then listed ; thirty, as given below, to be entirely abolished. 
 " For herse cloth, six and eight pence, though there be 
 none at all. Parish clerk, a barrel of corn for every 
 plough, or two quarts of rye or wheat for every acre 
 ploughed. For every corn mill two quarts every week. 
 In Connaught and elsewhere, six pence per an of every 
 couple, by the name of ' Holy -water-clerk.' The Bishops 
 take upon them to appoint commissioners for the subsidies, 
 and Justices of Peace to take the office of Church Wardens 
 upon them, under pain of excommunication. Curates and 
 Ecclesiastical persons made commissioners, and officials, 
 against the Canons and his Majestys instricclions. Men 
 summoned to appear when there is no informer, no libel, 
 but sworn to answer unto articles. Married couples that 
 live together, brought to Court to prove their marriage and 
 when prove it obliged to pay seven shillings for a dismiss. 
 The Court gives . . . two shillings per diem to the church 
 wardens besides men called Inqusitors, and others that 
 attend the Court, which is collected of the parish. If the 
 parishoners refuse they are cited, not discharged until they 
 pay fourteen shillings. Church wardens pay for their 
 preferment eight shillings and six pence, some fourteen 
 shillings, fees. In the diocess of Waterford, and other 
 places every Church Warden must buy a book of articles 
 of the Register, and pay two shillings and sixpence for it 
 . . . worth three pence. For every certificate entered by 
 Church Warden of the state of the Church two shillings 
 and eight pence. When their times are up Church 
 Wardens pay for their discharge twenty shillings. Four 
 
 4
 
 [RI8H BTATUTB8, 1310 1800 
 
 taill "t i. 'in. being nine heavi the taill, foi ever) plow 
 loe tythe com in epeeie. One aheai of -ill oora 
 
 for ever) horse in the plough, railed Punn&na-brai 
 Two and thirt) quartf of oats and one quart of wheal for 
 ever) garran in the plow, b) thi Dame of Lent oats in 
 Lent time. Quidee or re/i Br) parishoner qov« 
 
 raised to a oonstanl revenue. Coshers three times a year 
 ich parishoner, which i^ one shilling for every garran 
 in the plow, and such as have no plough bul dig with 
 spade one shilling per an. [nConnaughl a tnssean or dish of 
 butter, once per an in Bummer of every parishoner, worl li w& 
 pence or eight pence. Every man thai dies Muttue, by the 
 name Of annointing. L'Yom a poor man, thai hath hul one 
 cow, they take thai for mortuary: from one that is better 
 hi- best I for mortuary; it' a woman her best 
 
 aent for mortuary, and a gallon of drink ha- every brew- 
 ing,byname Mar) gallons. For ever) beef killed for funeral 
 the hide, the tallow, and <1<> challenge a quarter besides. In 
 Connaught, ami other places, they take a Muttue, two lambs 
 and the best garment of the defunct, as well in the parish 
 where he dies, as where he is buried. En Connaught, and 
 other places, they take four pence or six pence per an of 
 every parishoiter, for soul money. 
 
 i Portion Canons, the truth part of the goods, after 
 debts paid. A ridge of winter corn for every plow, called 
 St. Patrick ridges. Also Rood-sheaves — a .sheaf for every 
 acre welded. For christenings two shillings and sixpence, 
 and more, besides book money. If a beggar dies in the 
 house, owner must pay three and six mortuaries, if a child 
 is born ditto. If a dead body be carried through a parish 
 on the high way only, must pay duty as if buried there." 
 This list is followed by a list of Church fees to be allowed 
 for marriages, births, deaths, and other Church matters, 
 but to he all reduced. Schools ordered to be kept and not
 
 IRISH STATUTES, 1310 — 1800. 51 
 
 neglected as heretofore. Large subsidies were ordered by 
 the House to meet His Majesty's war expenses. 
 
 A Bill brought in for providing Church and Free schools ; 
 also a Bill for the relief of the poor orphans, old, blind and 
 impotent persons, poor and not able to work, and for 
 punishing rogues and beggars, and setting them on work. 
 
 In this Parliament a large number of Naturalising Acts 
 were passed, and also Bills, similar to the Church grievances, 
 to regulate and reduce fees of " temporal courts " and all 
 officers of justice. 
 
 The Knights, Citizens, and Burgesses made another 
 Remonstrance to the Lord Deputy, through the Lord 
 Speaker, attended by Sir Donogh MacCarty, Lord Robert 
 Dillon, Sir Edward Fitz-Harris, Sir Hardrees Waller, Sir 
 James Montgomery, Mr. Nicholas Barnewall, Sir W. Coll, 
 Sir Robert Travers, Sir Charles Coote, and the Vice- 
 Treasurer, showing — " That in all ages past, since the 
 happy subjection of this kingdom to the imperial Crown 
 of England it was and is a princely care . . . vast expense 
 of treasure and blood, that their loyal and dutiful people 
 ... of Ireland, being now for the most part derived from 
 British ancestors should be governed according to English 
 law . . . this kingdom was, until of late, in a flourishing 
 state . . . the said people gave his Majestys Royal and 
 Princely occasions =£150,000, also £120,000, £40,000, and 
 six entire subsidies in the tenth year of his reign (other 
 large sums follow, which they pray may not be a precedent 
 as) this kingdom is reduced to that extreame and universal 
 poverty that they cannot now pay two subsidies." (1) Be- 
 cause of the apparent decay of trade owing to increased 
 "rates and impositions"; (2) unlawful fees exacted by 
 everybody; (3) length of "civil causes"; (4) failure of 
 carrying out the laws ; (5) estates not settled as designed 
 by law; (6) tobacco-cheating; (7) monopolies "to the
 
 i iuhii m a 1 1 II-. I ■ I i • • ! • 
 
 ndvui th( ft w ... impoverishment of the people; 
 
 meh cruel proceedings of Commissioners, whereb) 
 ••tli«' worth) plantation of Londonderry is destroyed 
 
 ' carried out us ordt red : 
 borbitant and barbaroi ad pretendi d 
 
 bed by the clergy, against the law " ; 1 1 1 ) d< bti 
 of the K iiil: i" the country "very beav} ": (12) owing to 
 law of 1635 preventing any to leave treland without a 
 licence from the Lord Deputy, the people have "noaa 
 to his Sacred Majesty to declare their grievanc bhey 
 
 had in ages pasl "since the reign of Bang Henry II.." 
 in .1 For everj license " ; ( 13) the 
 late Attorney General acting "contrarj to the laws and 
 privileges of the House," "subverting Parliament"; (1!) 
 ■a by the powerfulness of some Minister oi State in 
 this Kingdom, the Parliamenl in its actions bath not its 
 natural freedom"; lastly, "all the Gentry, Merchants, and 
 others of his Majestys subjects ol this Kingdom, art . . . 
 . near to ruin and destruction, and (officials as named) . . . 
 very much enriched "bydishonest practices. Therefore they 
 request an enquiry and to have these grievances redressed 
 'I Parliament was adjourned November 9th, 1641, 
 until the 1 6th of the month, b cause the House was so thin. 
 A- it had been ordered (at previous sitting) that "the 
 House Save unto itself, by protestation, the rights and 
 privileges of Parliament." Apparently this "adjourn- 
 ment " was for a much more protracted period, for the next 
 amed is 1017. whoa "thanks" arc given to 
 Captain Plunkett "That after his address, one hundred 
 pounds more added, and that lie hath now made it one 
 pounds ; whereof Bixty pound were sent to 
 Oatherlogh in money, and lie will deliver in tobacco to tic 
 value of £940, at 1 1 1 1 1 • • pence the pound, for the safe guard 
 <>f the city and relief of other garrisons." " Ten persons
 
 IRISH STATUTES, 1310 — 1800. 53 
 
 undertook" £150 March 29th, £150 March 30th, and so on, 
 for the " protection of the country ; and " acknowledgements" 
 of these sums are given by " His Excellency " — " thirty 
 five pounds weekly, for a month ... to the Captain and 
 guard ... to strengthen the guard of the Castle." It is 
 also ordered, "the Castle gates not to be opened after 
 nine at night, except by order of his Excellency." A fast 
 is observed, those not " observing " to be fined, and proceeds 
 to go " to relieve the poor." Tobacco sent for relief of 
 garrison to be put into the hands of Mr. Garrat Vanhoven, 
 Mr. Isaac Ablive, Mr. Thomas Springham, and order given 
 " that no other tobacco be sold ... in the English 
 quarters until the said tobacco be sold off." 
 
 On May 7th, the Speaker (Sir Maurice Eustace) 
 announced a member of that House was reported to be in 
 correspondence with the rebels (Cosney Molloy). Ho is 
 freed from the charge. It was ordered a committee of the 
 House should consider the petition of " the distressed " 
 clergy. A dispute arose as to who should take the chair (of 
 committee) ; some called for Dr. Cooke, others Mr. Lewis. 
 Captain Theodore Schoute (Messenger of the House) 
 returned from England with the tidings, " between nine 
 and ten hundred foot and six hundred horse with able 
 men and money are at Chester, and that they are coming 
 over. Sixty pounds to be given to every man that comes 
 over." On the 26th, the Speaker announces : " the little 
 fortune in Kildare is lost, and that was left I brought to 
 Irishtown ... by the gallantry of Horse . . . that Lieut. 
 Harman may command those soldiers." Later on Baron 
 Hilton says : — " The gate of Justice is laid up, despoiled of 
 means ... no protection is valid." The House by Bill 
 declare the doings of this (an irregular') Parliament 
 legal. 
 
 On Juno 9th it is announced that Commissioners are
 
 54 [RI8B -t\ 1 i n B, 1810 — l slll >. 
 
 ing out of England to the Parliament, Again the 
 protection. Captain Bohoute the 
 
 piata" in the Parliament. On June 1 8th, 1 • > f 7 . 
 thi> Parliament ordered that, until farther orders of this 
 House, John Cromwell be oof interfered with, after which 
 the Souse was prorogued to June 15th, L648. 'Mi June 
 1 5th, L648, the House met By unanimous consent, Bit 
 M. Mum ice took the chair as Speaker. The only business 
 done was, thai Mr. Brereton moved they adjourn for a 
 year, Mr. Plunketl thai they adjourn to March 27th next, 
 which w as agrei d. 
 
 On May 8th, 1660, before Sir M. Eustace, the House met. 
 With him were Roger Lord Orrery, and Charles Lord 
 Mountrath. This House passed an Act recognising 
 Charles II.,'- who deduced hie title, not only from Henry II., 
 but much older tunes." They renounced the "bloody and 
 traitorous parricide by rZing Charles I.," and recognised the 
 Bang's uile to the Kingdom of Ireland since the murder 
 of his father. By a second Act, they (with the Bang's 
 
 ition) make valid nil legal business ■ nacted since L64 I by 
 Courts held wider the stile or title o/"Oustodes Libertatis 
 Anglice Authoritate Parliament!, etc, in the name of . . . 
 Oliver Lord Protector of the Commonwealth of England, 
 ind, Ireland, which are "as good as if made by 
 Parliament." Bills entered in the Protector's name to now 
 
 binue in the King's name, excepting such as token against 
 subjects for adhering to the King. After passing four Acts, 
 the lasi of which is lost, this Session ceased. The second 
 i -ii.it one for raising money. The third met 
 on .March 4th, 1661, when Parliament ordered Thanksgiving 
 days in churches. This was followed by an Ad detailing 
 the unnatural rebellion of October 23rd, 1641, "the murther 
 and destruction of many thousands . . . good and loyal 
 (of Protestant and Roman Catholic), until it,
 
 IRISH STATUTES, 1310—1800. 55 
 
 formed a "National rebellion of the Irish papists against 
 your royal father of blessed memory, his crown and dignity, 
 to the destruction of the English and Protestant inhabit- 
 ants of Ireland, when, acting by a Council called by 
 themselves, the Confederate Roman Catholics of Ireland 
 did first assume, usurp and exercise the power of life 
 and death." ... " By all said ways disowning and 
 rejecting your Royal father, and your Majesty's un- 
 doubted right to this kingdom. . . . Even while they 
 treacherously used his and your Majesty's names in the out- 
 ward form of their proceedings, seeming ... to swear even 
 unto that, which by the whole series of their deeds they 
 denied, presuming to pretend his late Majesty's most 
 Sacred Authoritie, even in their worst actions, all which 
 they did to frighten his good protestant subjects from their 
 loyalty, to blast his Majesty's honour." Several subjects 
 by those rebels subdued, having been driven to it protected 
 themselves, and invited the King to come over. Thanks for 
 the King's letter from Breda, his declaration November 
 30th, and an account of their calling, as by him advised, a 
 Parliament. Horrible massacres are recited, as done " by 
 notorious rebels," which now " endeavour to conceal the 
 same." Ask to have both laity and clerics " restored," 
 Protestants and " innocent papists " to be included in the 
 King's " settlement." The Lord Primate of Ireland, Speaker 
 of the House of Lords, made a speech at the opening of this 
 Session, wherein he said : — " Have we not, these many years, 
 been walking through the wilderness without a Moses, 
 without an Aaron? Hath not our flesh been torn with 
 briars, and our loins whipt with scorpions 1 Hath not the 
 tale of our bricks been doubled, and provision of straw 
 exacted at our hands ? . . . Have not the Parliaments of 
 this kingdom been carried into captivity . . . our Senatoi^s 
 become Peripatetics and Pilgrims to titulary Conventions
 
 [RTPH B1 Mill B, 1310 1800. 
 
 . . . wlini we have asked bread, have they do! given 
 tones . . . the robe of Mnjosty before your Lord 
 Bhip "vv the I for which tin,; cast I"is . . . Thy 
 
 I ii|"'' nd roareth not nut of courage, 1 mi for 
 hunger. Tin Lyons Sootland was nol ramparl ; fche 
 lli",.. ■ withered; and thy harp rreland, thy 
 discomposed Harp was hung apon the willowes; bu1 now 
 y«>u hear the silver strings of ii touched By another 
 
 I I rid. . . . GI017 be to God on Sigh, peace peace peace 
 unto men. The Ohurch settled, peace unto men; your 
 
 1 .1 liberties secured. . . . Musi your own natural 
 members be cut off (even) if they payd bui a little susten- 
 ance to you, their Head 1 . . . His Majesty knew the Irish 
 (feuds) run high, the steerage was nol to be put in 
 
 'unns hands; few. when your Lordships (three 
 enterance upon the Governmenl durst take the 
 helm- it was dark night — a long night, a stormy night, the 
 wind high ... a lee shore — not a (trustworthy) Slid ill' 
 Justice of the Peace . . . every man 'lid whal was good or 
 rather what was evil in his own eyes: religion mocked . . . 
 soldiers without arms or money . . . estates of fche people 
 in secure . . . universal decay of trade. . . . The head 
 cannot say i1 stands not in need of the feet. . . . The 
 [rish have danced (with joy at returned peace)." He ends 
 . . But the God of peace grant thai 
 
 we may hold the unity of the spirit in the bond of peace.'' 
 
 In this Parliami xx\ order was given "the vice Chancellor 
 . . . of the Colleg of Dublin . . . be desired . . . with 
 all speed ... to cause the Library formerly belonging to 
 the late Lord Primate of Armagh, mni purchased by tin* 
 ■i. be broughl from the Castle of Dublin where they 
 now are, unto the College to he preserved for publick 
 use ... a catologue . . . both manuscripts and printed 
 ... to b( entered in the Journals of the House."
 
 TMKH STATUTES, 1310 — 1800. 57 
 
 Again a Bill was passed to "repress Sabbath breaking," 
 ns by their wilful actions godless men do " as much as lieth 
 in them, to bring the wrath of God upon this place." 
 
 All that " touched the honour " of the late Lord Strafford 
 expunged the House ; also those things which " touched 
 the honour " of several high persons named. 
 
 The proposals of the House included — 
 
 I. That no one of the Irish quarters except innocent 
 papists be admitted to dwell in walled towns. 
 
 II. " That in regard Priests, Jesuits and Friers, have been 
 the constant incendiaries of rebellion in this Kingdom . . . 
 they be secured (from doing evil)." 
 
 III. That strict enquiry be made about " the " priest 
 who wi-ote, and " the one " who received the letter (con- 
 cerning a surprise on the Castle). 
 
 VIII. That " papist " be purged from the army. 
 
 IRISH STATUTES, 1660. 
 The next Irish Parliament was called by desire of King 
 Charles II., by letter from Breda, on May 8th, 1660. It 
 sat before three Lord Justices, Sir Maurice Eustace 
 (Speaker), Lord Orrery, and Lord Mountrath. Nothing 
 is more affecting than the histoiy of the misery this country 
 had passed through, as is unfolded by the Act of Indemnity. 
 The rewards, restitution, and oblivions of offences in this 
 Act, are of a true kingly generosity; and the care taken, by 
 the King's orders, " of nil the conflicting interests which 
 had grown up under usurped and other governments — 
 unless where men were taken "in open rebellion after the 
 Kings acknowledgement " — are most noble. Every one, 
 except notorious leaders, might plead " innocency," and 
 receive a free pardon ; and " every man " was, " as far as 
 possible," to be "restored" to his own. Wherever Crom- 
 well had given the "adventurers lauds " they were "con-
 
 [RIBF 8TAT1 H-. L310 1800. 
 
 finned"; or, if the g men iron removed, they were (<> be 
 " reprized " elsewhere. Those who could no! be u restored," 
 
 its had aocrued, were given, of "the King 
 bounty," lands ss near their owi Ible, En righting 
 
 the wronged, the King was oarefu] do! to oreate new 
 grievance . The lands " forfeited " to the King in L660, were 
 those given by < !romwell to men for rebelling against the ktw t 
 :iii«l tlic Lands of those taken in open war againsi the King, 
 of the many records of the nation destroyed 
 during the disturbance, all now found were ordered to be 
 preserved in the State Record Office, Birmingham Tower 
 We have dwell at some length on this period, as no time of 
 our history is more interesting. From this time the real 
 bling" of [reland commenced, and from this time al o 
 gre'R those racial and religious "grievances" fostered 
 amongsl us al the | day. 
 
 KOTE8 -PART IV. 
 L660 r 
 
 I >n the [Restoration, Charles IX's Irish Parliaments 
 "confirmed" by special Act, the general proceedings of 
 tin- "Council" which recently sat under Oliver Cromwell. 
 Special exception was made against Acts affecting such 
 . r.- "regicides," proved actual murderers 
 within a certain Limited time, or specially rewarded for 
 being '"in arm-'' against the Bang, after the proclamation 
 of May 1G59. All Acts of a; tainder and i onfiscation againsi 
 those who "stood" to the King throughout the rebellion 
 were annulled, a general amnesty and restoration followed. 
 
 Dealing ae i= does with the Parliament immediately 
 
 following the Commonwealth, of which Government thero 
 
 are no "Acts" in die Irish statutes, it is full of striking 
 
 Lessons of kingly mercy anil constitutional justice, law and 
 
 17 Car. II.. <■■ 2, evid oily framed to reinstate those
 
 IRISH STATUTES, 1310—1800. 59 
 
 " attainted " by Cromwell, while " restoring them was 
 careful not to disturb neiv interests planted by the Common- 
 wealth. This Act is largely quoted because there is scai-cely 
 a clause that is not of important significance, and instructive 
 to those concerned for Ireland to-day. Taking it that 
 Cromwell represented an unjust Protestant ascendency, and 
 that this state of things had created an unbearable coercion 
 of other subjects, and that Charles II. carried an olive 
 branch to those other subjects, and was determined to right 
 their wrongs ; still he was careful not to create a fresh 
 wrong while "restoring" them to their place as ''good 
 subjects." As clause 189 shows, it was the King and not 
 the "newly planted" who had to pay for re-establishing 
 order. Clause 221 shows the care taken that the "papists" 
 who had caused so much trouble should not be allowed to 
 live in " walled towns " where their presence would be 
 dangerous to their Protestant fellow-subjects. The uncouth 
 Irish names being changed by Act of Parliament to easier 
 English accounts for many old landmarks being now effaced. 
 The first Act of William's reign was to prevent ecclesiastics 
 punishing by death, though to them was still reserved 
 power to try and punish in lesser way those who trans- 
 gressed Church rules. Act III. of 7 Wm. III. declares the 
 Acts of James' pretended Parliament null and void. Other 
 Acts follow showing why " papists " had to be restricted : 
 because they stirred the people to rebel against the law, and 
 because they brought subjects of the French King into the 
 country to kill the Protestants and destroy the King's 
 power. Act after Act of a penal nature was passed to 
 prevent a repetition of this evil, — 9 Wm. III., c. 1, being at 
 last passed to drive all Popish ecclesiastics out of the king- 
 dom, because of the desolation and ruin which they caused. 
 These Acts of two hundred years ago speak to us to-day, 
 and show the same agency now working amongst our
 
 [B18H T\M n B, 1310 l s '"». 
 
 people. The penalties and measures adopted then were 
 
 r, i hrough the Stuart 
 
 . the Papal power to appoint 
 
 Ireland to subjugate Ireland through their 
 
 .1 thus subvert the English and Protestant into: 
 
 which, through many generations, had made us pari and 
 
 parcel of themselves. Such penal laws are nol b necessity 
 
 y; but history repeats itself, and it were wi e to 
 thai the efforts of "alien" powers to Bubverl Bnglish 
 interests in Ireland ars nol allowed to overcome law and 
 order in the land. 
 
 [RISE STATUTES, L660-*-J 
 
 17 Car. II .<• a (1665).— An An for Battlement of bhe 
 
 Kingdom of [reland. Previous A.ets of William III. and 
 
 Anne quoted, explained, and confirmed for the settling of 
 
 the country and satisfying of adventurers. The meaning 
 
 of tli" Act being to have •• tin- revenues of the church Bottled 
 
 and increased . . . dutiful and Loyal subjects quieted and 
 
 ed in their just possessions . . . that there may be .-i 
 
 Bra! . . . industry by building, planting, and all other 
 
 i \ improvement, to repair and amend the desolations 
 
 . . . of this kingdom." By this Act it is declared that 
 
 all land and property sequestered to the King, owing to 
 
 llion of 164 1. is his without question, to be disposed of 
 
 as he will. All who since 1659 were in possession and who 
 
 are nol now proved "innocent " persons forfeited their lands 
 
 bo His Majesty. Also the lands belonging unto ".John 
 
 Kit/. Gerard, alias Ktzl ierald of ! nnishtnore commonly called 
 
 the Knighl of Kerry — Captain John BiagQl of the County 
 
 Down Geoffry Panning of Ballingary . . . or any of their 
 
 ancestore whose heirs they are . . . or of persons in trust 
 
 for them . . . upon 22 Oct. 1641 . . . are forfeited . . . 
 
 and adjudged to have been ... in the actual possession of
 
 IRISH STATUTES, 1 310 — lSOO. 61 
 
 . . . your said lloyal father." Lord Strafford's inquisitions 
 declared void. All church, university, hospital, or other 
 corporate property previously exempt, not now by this Act 
 vested in the King. The King is not to take away any 
 property vested in Protestants previous to October 22 nd, 1641, 
 unless it be proved they hold for " any Irish papist or Roman 
 Catholic . . . not adjudged innocent." Officers given lands for 
 service previous to May 7th, 1659, to continue therein and be 
 confirmed in two-thirds of said lands. Protestants to be first 
 provided for. Soldiers, adventurers, and Protestant 2>u7'chasers 
 of lands in Connaught or Clare before 1663, which lands are 
 now restorable to original owner, to be provided for by two- 
 thirds in other lands — " Protestants first and with all speed." 
 As little change of ownership as possible to be made so as 
 to preserve improvements. The Commissioners are therefore 
 to consider " convenience " and " continuity," and to provide 
 suitably for the " restored " without unduly interfering with 
 those now " planted " in and enjoying the lands. Soldiers 
 and adventurers to retain possession of their lands, not- 
 withstanding mistakes. Those removed from the Duke of 
 Ormond's lands " reprized elsewhere." Deficient adventurers 
 to be supplied with adjacent lands. Such soldiers and 
 adventurers as received lands in Ireland for arrears in 
 England and Ireland, to have claims divided, and they to 
 be "satisfied" in Ireland only for Irish arrears. To save 
 expense several persons may join in same letters patent, so 
 as land does not exceed 15,000 English acres. Care to be 
 taken of " Free School " grants. A yearly rent of £300 a 
 year to be settled for ever upon the Provost of Trinity College. 
 The " heirs " of certain named persons, deceased, to be pro- 
 vided for, and a house in Limerick set apart for the Bishop 
 of Limerick for ever. For this house and land " in length 
 three score and six yards, in breadth twenty and nine yards, 
 lying at the backside thereof," running to the " highway ad-
 
 IIUBH 8TA1 i i B8, 1810 I BOO. 
 
 joining the vn all <>( theo dd oity," recently rented bj !•-» 1 w .ml 
 
 k, .it one pound per .1 m, bo be given 
 
 t<> William, preeenl bishop, and his successors loi ever. 
 
 6 declares no papist, or persona nol baking the 
 5, bo '•'' permitted bo purchase houses in corporations 
 without special licence from the Ohief Gk>vernor andOounciL 
 Mo officer who Berved since 1649 can let or cU vise Buch hou e 
 bo any " papist or ] •■ >pi>li recusanl or person" refusing bo 
 bake oath of supremacy and allegiance, on pain of forfeiture 
 
 of double bhe value of BUch house. To prevent (ho ruin 
 
 and decaj of corporation bouses, they and '.' 100,000 to be 
 distributed as speedily as possible. Lord Ifountrath, de- 
 
 6 1. hi- heirs to have I' (50(1(1 for service In 'fore 1049; Lord 
 way bo be satisfied for same arrears. Maritime towns to 
 be placed in safe hands. Lord Roscommon and Lord Orrery 
 to l . I of arrears " by forfeited houses in Limerick to 
 
 tin value of LT)0,oooat 8 years purchase, Debentures offered 
 in payment by said Earls bo be arc pted by Treasury." 
 
 One year's rent of lands of Irish papists, as let in 1C59, 
 to be paid to the Treasury in two fragments ; any twenty 
 days after date bo pay double money; other adventurers and 
 soldiers bhe same (the lands settled by Erasmus Smith to 
 any pious or charitable use only excepted). 
 
 Clause 15. — Whereas his grace the Duke of Ormond and 
 the lady his wife are entitled to quantities of forfeited la mis 
 in Catherlagh, Galloway, Waterford, Dublin, Kildare, 
 Meath, Cork, Kerry, Kilkenny, Tipperary, and other places, 
 which would if now given " greatly obstruct and hinder the 
 lement now intended . . . the full sum of .£50,000 be 
 paid out of the money aforesaid unto his grace ... in lieu 
 and recompence . . . for all such." 
 
 Clause 40. — Whereas . . . houses ... in the city of 
 Kilkenny . . . ('lonmel, Carrick, Callin, Jnistioge, Traly 
 and J tingle were held October 23rd, 1G41, by the said Earl or
 
 IKISH STATUTES, 1310—1800. 63 
 
 in his wife's right, he shall now have them in place of arrears 
 due, paying to His Majesty one shilling and sixpence yearly 
 out of every twenty shillings yearly rent. 
 
 Estates of regicides bestowed upon the Duke of York, 
 excepting those already apportioned to Michael Archbishop 
 of Dublin, Lord Aungier, Sir George Lane and Sir Hercules 
 Huncks ; Lord Anglesay and Duke of Albemarle provided 
 for, Eniscorthy and all the estates of Robert Wallop, con- 
 firmed to Lord Southampton, Ashley, and Sir Orlando 
 Bridgeman and Sir Henry Vernon. 
 
 Sir William Penn provided with ,£1000 a year in Cork. 
 Several other noblemen and others confirmed in lands held 
 previous to 1641, and several others "particularly re- 
 stored " ; " if any be fraudulently restored to more than 
 belonged to them in 1641, to forfeit double the value." 
 
 Decrees for innocent Protestants absolutely confirmed. 
 So for innocent papists. People declared innocent and 
 restored, but not to sue for mesne profits. 
 
 Lord Tyrconnel restored and pardoned ; lands held in 
 possession of Trinity College excepted ; these lands being 
 given by the King to the College when forfeited are to be 
 the College property for ever. Lewis Lord Clanmalira not 
 pardoned, his estate granted Sir Henry Bennet, now Lord 
 Arlington. Soldiers to be removed therefrom and provided 
 elsewhere ; and Lord Aungier having £200 per annum therein 
 shall have other land from Lord Arlington in lieu thereof. 
 
 Erasmus Smith's lands being evicted he receives lands in 
 Louth' in lieu thereof ; and in Tipperary, if Sir John Stephens 
 prove his claim, Erasmus Smith to be provided elsewhere, 
 and to be allowed to sue for mesne profits. 
 
 William Montgomery, Florida, County Down, being inno- 
 cent, restored to his estate, and to get his debentures elsewhere. 
 
 John Fitzpatrick, Castletown, Queen's County, restored in 
 blood and in property as by 19 James I. A number of
 
 •". 1 [KIBI1 STATUTK8, I31U I 800. 
 
 Limerick nn'ii restored, and Koldiers discharged in i 
 withoul provision, satisfied. Sir lLeur) rint 1 lands in Cork 
 rod i" him as pre\ i ujoyed. 
 
 '!iu blood and to pari of tiis i bate, 
 
 other portions allotted to his relativ< ; to Bdwai d Smith and 
 
 Poole are u port ions all eady allol bed 
 
 n> tin in. < >iu' | ■« -mi \ pi it. iv bo be levied to pa) Sir William 
 
 Petty, and for his " better encouragement to finish the several 
 
 maps and descriptions "of such land as he has already surveyed, 
 
 The Earl of K [Id ■ "sati faction " for claim 
 
 ear bo his lordship of Kaldare as convenient. Sir Jame 
 
 claims to the earl's estate as administrator bo late 
 
 earl to be m I bj a grant of £500. 
 
 John Fitzgerald, John Magil, and Geoffry Fanning to be 
 red to such estate as the Governor shall think fit. 
 Sir -J *>liii Stephens bo have Sir Brice Ooghran's lands in 
 Cork. Lord Inchiquin to receive £8000 for his sufferings. 
 Then follows ;i list of others whoi are requited 
 
 with money, sir Charles Lloyd being "restored" to his 
 lands in Linn-rick and Queen't County, Sir Richard Billing 
 John, Lord Kingstown re bored, bhe latter bo have such of 
 his lands as are bestowed upon Lord Fitznardinge "made 
 good" elsewhere; other leased lands also, io remain as at 
 present, and the value bo be made good. The O'Briens 
 rest tred in Clare, Sir Daniel, " Lord vice o~oun1 O'Bryen 
 
 of Clar.," to I d, "ason the 22nd Oot 1641 . . . 
 
 also one .Mono house in the city of Limerick . . . 
 allotted bo Daniel OBryen Esqr. son and heir apparent of 
 OBryen . . . son of . . . said Lord OBryen." All 
 tithes are excepted. Transplanted people to receive compen- 
 sation "out of the forfeited lands undisposed of to the English 
 
 . . after the several interests of his Maji 
 protectant subjects iu Ireland have been fully satisfit d." 
 James Fleming restored, Charles Farrel restored in Lone-
 
 IRISH STATUTES', 1310—1800. 65 
 
 ford. Frances Darcy satisfied of her jointure. Lord 
 Ranelagh's arrears before 1649 to be paid as provision 
 for his daughters. Lands of Christopher O'Bryen, now in 
 possession of Pierce Creagh in county Clare, to be confirmed 
 to Pierce Creagh, other lands to be given in their lieu to 
 Christopher O'Brien. Sir John Sherlocke, deceased, a 
 good subject, taken and forced by the rebels for fear of his 
 life to subscribe to their oath and association, and who did 
 afterwards escape and fly to Dublin . . . who was judged 
 " nocent " (guilty) by the Commissioners on account of 
 false subscription, to be without any reprisal declared by 
 " gracious permission " innocent, and his son and heir, Paul 
 Sherlocke, restored to one -third of his estate. Nicholas 
 Burke restored to the land of his father and two thousand 
 adjoining acres. Lord Gormanstown restored, tithes ex- 
 cepted ; and the assignments to Lord Mountrath, deceased, 
 to be first satisfied. Richard and John Grace restored, 
 excepting impropriations and tithes, and the houses in 
 Kilkenny; the soldiers and adventurers in possession, to 
 be first satisfied. Patrick Archer restored, under like con- 
 ditions. Lord Clanrickard's letters patent confirmed, the 
 time for paying =£10,000 to Lord Muskerry, being extended 
 three 3 T ears, the lands to pay debts of ancestors. 
 
 Lord Mountrath's heirs and assignees to enjoy the land 
 he was possessed of 1G59, excepting those decreed to be re- 
 stored, for which they are to be reprized. William Barker 
 also to hold such lands in Limerick, on same conditions as 
 he had at such date. Sir Henry O'Neil restored in Antrim, 
 Lord Massareene to be reprized in other lands, and to have 
 letters patent as other adventurers. The lands of Artain, 
 or Tartain, to be confirmed to Sir Nicholas Armourer. Sir 
 John Fitzgerald, in 1G40, having bequeathed to King 
 Charles I. land "then belonging, and of right appertain- 
 ing to the Bishop of Cloyne, now settles these lands on 
 
 5
 
 • ,1310 1800. 
 
 tln> Bishops of Cloyno for over, retaining to the Crown the 
 
 churches in this dio 
 
 i in Tipperary t<> be eel out to Trinity College 
 
 faction of bequest i<> them by Blias Travers — 
 
 . 26 poles, English measure, heretofore 
 
 allotted i" William Sheeres for bis father's adventure of 
 
 £300, which, in pursuance of a decree of the High Court 
 
 bancery in England, were conveyed to said College by 
 
 bequest of Blias Travers, D.D., deceased. 
 
 Richard Earl of Arran, having purchased from Ei 
 Smith, Esq., I »1 as an adventurer in theislande of 
 
 m (Qalway), all and every interest belonging to tli<- 
 former proprietors before 1641 ; this is now confirmed to 
 ran. 
 
 d, t ithes excepted. 
 
 claim "t' Eliza Massam, widow, b e thousand 
 
 - in Slane, allotted to her, and in her possession 1059, 
 to I"- examined. Sir Robert Forth having wrongfullj 
 reinstated and he " satisfied " elsewhere. 
 James Rignolds restored to Leitrim ; Boldiers and ad- 
 venturers urr to be " satisfied " elsewhere. 
 
 1 I'Rourke, in same county, having died without heirs, 
 the King succeeds. 
 
 Mary Coghlan and Lady Slane's jointures to 
 to tliom. 
 
 Talbot restored t<> Malahide ; such persons as 
 
 purchased the same from Susan Bastwick to be first 
 
 Bed out of lands forfeited and still undisposed of. 
 
 Sir G. Herbert I in the Bong's County as in 1641. 
 
 hborne to be confirmed in lands set forth 
 
 to him for his disbursements to the army between 1G41 
 
 and 1643. It' he be dispossessed of any to be reprized. 
 
 Mabel] Countess Dowager of Fingal to have so much 
 land a- shaU yield her jointure.
 
 IBISH STATUTES, 1310— 1 SCO. 07 
 
 Samuel Avery, Alderman of London, who in his lifetime 
 adventured £ 11 00 on lands in Ireland, the satisfaction for 
 which was set out for him in lands in Conello, County 
 Limerick, having quitted his own lot, and entered upon 
 that of Sir Charles Lloyd, another adventurer in the same 
 barony, which lot is now restored to Sir Charles Lloyd ; and 
 whereas the said Samuel Avery agreed with the late 
 usurpers for certain customs upon merchandise, and he- 
 came indebted in the sum of =£10,000 to the Exchequer of 
 England, this debt stands excepted out of the Act of general 
 pardon and indemnity, and remains vested in His Majesty, 
 Samuel Avery's right to land in Conello lapses to His 
 Majesty in lieu thereof. Then follow the names of fifty- 
 four restored persons, who are to be placed in their 
 " principal seats " ; or, if they had more than one house, they 
 may take a choice, and have two thousand acres attached 
 thereto, if they had before that amount of land, if not, 
 (hey only now get so much land as they held in 1641. 
 None of their grants so made to encroach upon the Protes- 
 tants who should be first "satisfied." 
 
 Sir Thomas Esmonde restored, excepting to the lands 
 now in the possession of the Duke of Albemarle. 
 
 Sir Edward FitzHarris, if proved guilty of murder or 
 other cruelties in six months after the passing of this Bill, 
 to be incapable of benefit from the Act. 
 
 Thefifty-four persons removed to replace these fifty four who 
 are now restored must be reprized elsewhere. All bond-fide 
 leases now made on these restored land-; to hold good. Lord 
 1 iirmingham, Baron of Atthunry, excepted from these benefits; 
 
 Papists are not to have advowsons or presentations to 
 benefices, which shall be vested in the King. 
 
 John Paine, notwithstanding ids acceptance in (lie time 
 of the usurpers of .£100 for his subsistence, shall have lull 
 satisfaction for his arrears 1> fore 1019.
 
 hush i \n 11 -. 1310 I s "". 
 
 Mount \ I' ■\:iinl< , r. ;ni infant, having been evicted 
 .■ut ■ St \\ . now in : James A lien, 
 
 • i qxial value to be allotted to him. 
 John < i ite in YVicklow , . ■ bestowed 1 2 
 
 med and n stored. 
 Thomas Cunningham and Lewis Dick having acquired 
 16,6 i in County Limeriok for pretended 
 
 n.-t tlif rebels in Ireland, by hindering provisions 
 
 bing tin- Irish and relieving the English garrisons, 
 
 for which they obtained from the Treasurer of the hi h 
 
 adventurers an acknowledgment thai they had adventured 
 
 £7000, for which they had a receipt from Committee in 
 
 Ball, London, though neither ever did service on 
 
 the coast oi freland as underst 1; neither did they pay 
 
 money as other adventurers did : yet, bj colour of thi-^ <• r 
 tificate, they were p - ed in 1659 of these acres unduly 
 obtained: this Land b in His Majesty, unles 
 
 -aid men within two months prove they did pay this £7000. 
 Threepence to be levied off every profitable acre sel oul to 
 Papists, to the intent that £5000 be paid to Milo Power ; the 
 h Roman < latholicsof this kingdou i d u 
 
 thehapp on of order since His Majesty's rest inn ion. 
 
 •.•1 Cary Dillon, having been dispossessed of 2604 
 - of land which he posa — 1 May 7th, 1659, for service 
 in [reland, he is to be reprized the whole and receive £350, 
 - rent of what he lost, due for the time be is dis- 
 1 ry, a commission of enquiry to sit 
 
 to the value of the castles and houses which he had built 
 upon the property he i essed of. 
 
 The Ki' d at the proofs of Randal Lord 
 
 " innocency," ordered a new trial, when Lord 
 mi admitted his guilt, and threw bimself upon the 
 Kiii^'- mercy. He is therefore restored. 
 
 the purpose of providing for old
 
 IKISH STATUTES, 1310 — 1800. 69 
 
 proprietors, "to the end that more of the ancient and 
 former proprietors may come to be restored (His Majesty) 
 is graciously pleased to relinquish his satisfaction of the 
 said lapsed money (of forfeited lands), and to accept . . . 
 thirty thousand pounds sterling ... in lieu and recom- 
 polices thereof " ; this sum to be raised off lands restored 
 to old proprietors, or " granted to Irish papists." 
 
 Chappell Izzod sold by Sir Maurice Eustace to the King. 
 
 Clause 221. — This clause repeals the King's right of 
 restoring " innocent papists " to their houses in corporations. 
 
 Clause 234. — " His Majesty, taking notice of the bar- 
 barous and uncouth names by which most of the towns 
 and places in his kingdom of Ireland are called, which hath 
 occasioned much damage ... to his good subjects . . . 
 and retards the reformation of that kingdom, for remedy 
 thereof . . . new and proper names more suitable to the 
 English tongue may be inserted, with an alias for all towns, 
 lands and places ... by letters patent . . . which new 
 names shall thence forth be the only names to be used." 
 
 The next Act of this reign was one for legally establishing 
 marriages unusually solemnised during the troubles since 
 May 1st, 1G42. 
 
 17 Car. II., c. 6. — An Act for establishing uniformity 
 of public worship, whereby the Church of Ireland adopted 
 the Book of Common Prayer, according to the use of the 
 CI nirch of England. All persons in holy orders to use this 
 form or forfeit £5 to the poor of the parish. All teachers 
 of schools or clergy failing to take oath of allegiance to 
 have their places " voided as if they were dead." 
 
 Alien and foreign reformed churches allowed. 
 
 In colleges or universities services in Latin may be used. 
 
 Printed copies of the Prayer Book to be provided for each 
 church at the cost of parishioners, on pain of .£3 a month 
 for repairs ol church so long as they remain unprovided.
 
 IRISH 8TAT1 n. 1310 I K00. 
 
 17 Cat'. II., c 10. An Act to prevent eccl< in tical digni 
 in Kngland and I reland al the Ha me 
 \ , their livings to bo voided, excepting Griffith 
 
 w lio may hold i he deanei j of I langor, 
 in Wales, until the b< ttlemenl in Ireland 1»' > stablished. 
 [n the twenty-fifth year of < harlee [I. the various oor 
 tions of walled towns in [reland were re arranged, the 
 . t ing mayors and magistral 
 
 VOTES P i irr I. 
 1686 IT 
 James II. (1685 L689). There remains no record in 
 
 the Irish Statute Book of the Parlii >ni asai mbled .-it the 
 
 p of the Roman Catholic Prelates in [reland, and held 
 during these years. 
 
 By an Act of William and Mary, the penal statutes 
 
 ed by this " unconstitutional and rebel " Parliament 
 
 were expunged from the Statutes Book. These Acta are 
 
 however described and quoted in Dr. King's History of King 
 
 James' Parliament, published 1692, from which the fi I 
 
 culled to givi a general idea of their scope. 
 
 r the direction of his Viceroy Lord Tyrconnell, the 
 
 int School of Kilkenny, founded and endowed by 
 
 he Bchi olma 
 Dr. Binton, driven out; the schoolhouse made a soldiers' 
 ital, and a charter obtained for a Jesuit college in 
 ] I mndation of Trinity College, Dublin, was 
 dissolved, : ' ivost, fellows and scholars 
 
 rniture, b k ks, public library, communion plate, 
 all belonging to the College and tho persons con- 
 
 ed therewith, were taken. "One I »r. Moore, a popish 
 I iii- : Provost, one M'Carty Library keeper, 
 
 and the whole d signed for this fraternitie." The collej 
 
 out on condition no //</•■■ of them met together
 
 IRISH STATUTES, 1310 — 1800. 71 
 
 on pain of death. " So solicitous were they to prevent the 
 education of Protestants under persons of the same profes- 
 sion, that there might be none to succeed the present clergy."* 
 
 The King seized the profits of the Archbishop of Cashel, 
 of the Bishops of Clogher, Elphin, Clonfert, and of many 
 inferior livings, as they fell vacant, and gave them " for 
 the maintenance of Popish priests and bishops." All tithes 
 payable by Roman Catholics were given to Roman Catholic 
 priests, who could recover them by common law. The 
 same light was denied to Protestant clergy, who could 
 only recover from Protestants by a writ cle excommunicato 
 capiendo, which the Roman Catholic chancellor either 
 refused, delayed, or charged such high cost for, that they 
 were double the value of the tithe ! The Protestant clergy, 
 were rendered " uncapable " of enjoying the tithes of 
 Roman Catholics, but the Roman Catholic clergy were 
 made " capable " of enjoying Protestant tithes. No 
 Protestant bishop might claim ecclesiastical dues from 
 a Roman Catholic ; his preferment voided by his death, 
 cession or absence, a Popish bishop was appointed in his 
 stead. " All men to repute, take and deem a man to be 
 a Roman Catholic bishop or dean of any place than the 
 King's signifying him to be so, under his privy seal and 
 signet." Priests " came with a company of dragoons and 
 took the tithes by force." Protestants deprived of their 
 horses, applied to Roman Catholic neighbours, who came 
 and ploughed their land for them upon agreement of a half, 
 third, or fourth portion of the corn to be grown. " This 
 was enough to entitle priests to the tithe of those lands, 
 which they immediately seized." 
 
 As there were thus vacant one Protestant archbishopric 
 and three bishoprics, two other archbishops and seven 
 
 * Wc see the same tactics in more constitutional form to-day in 
 Ireland.— A. M. J;.
 
 . 181U I s "". 
 
 ual throe foui i b i of the clerical 
 
 jurisdiction of the kingdom was Ln the hands of the Roman 
 
 . i'\ a law of their own making. It a clergyman 
 
 R . Catholic he kept hi> living, and was 
 
 ipted from the power of hi.-> r al bishop by 
 
 dispensation. ••One Gordon, Roman Catholic Bishop of 
 
 Galloway in Scotland," was appointed Chancellor of the 
 
 dioceses in Dublin. The King did not daim eccle lastical 
 
 authority ever bis Roman Catholic, but he did over In* 
 
 Protestant, subjects, "to destroy their religion," and hinder 
 
 their ecclesiastical discipline. 4 Sir Thomas Eackett, Roman 
 
 Catholic Lord Mayor of Dublin in 1688, said, "There 
 
 t.n.i brought before him for bhef t, and hardly 
 My other immorality, whereas he was crowded with 
 Popish criminals of all sorts." The Lord's day was pro- 
 faned, businesses being done on thai day looked upon a a 
 Lquesl " over a Protestant, and Protestants were enticed 
 .1 Btep towards conversion." 
 priests boasted they would have all our churches, 
 and celebrate mass in Christ Church cathedral, as they 
 e given legal righl to the churches in their preferments. 
 February 24th, 1688, the Viceroy seized the Protestant 
 churches in Dublin, and filled them with soldiers to receive 
 rmsof the Pro I >n September 6th, 1689, they 
 
 i them anew. In October and November they seized 
 most of i lie churches in the kingdom. Lu1 1 rel took possession 
 1 ihurch and others in the diocese of i hiblin. 
 The Protestants complained to Kin-- James that this was 
 a violation of his own Act of liberty of conscience. The 
 Bang replied : "They were seized during his absence at the 
 camp, without his knowledge or consent"; neverthel 
 being obliged to bis Roman Catholic clergy, he must not 
 
 * 1 an! clergj i 
 
 ipt. — A. M. i;.
 
 IRISH STATUTES, 1310—1800. 73 
 
 dispossess tkeru as " they alledged a title to the churches they 
 had seized." If the Protestants thought their title better, 
 " they might bring their actions and endeavour to recover 
 their possessions by law." Sir Alexander Fitton, convicted 
 and sentenced for forgery, being converted to Roman 
 Catholicism, was given a peerage and made Lord Chancellor 
 of Ireland. Protestants were removed from the bench to 
 make room for Roman Catholic judges, and the Charters 
 were recalled from every Protestant Corporation in Ireland. 
 
 July 15th, 1689. — Protestants were forbidden by pro- 
 clamation to go out of their parishes. 
 
 On September 13th, 1689, all the Protestants were for- 
 bidden to go to church, or assemble anywhere for Divine 
 service. 
 
 In June 1690, Colonel Luttrell forbade any five Protestants 
 to meet together anywhere under pain of death. 
 
 The Protestants, clergy and laity, were robbed, murdered, 
 and assaulted generally. 
 
 The house of the Protestant bishop, Loughlinstown, was 
 broken into and plundered. 
 
 The Bishop of Waterford's house sacked; the bishop, 
 eighty years of age, wounded in his bed. 
 
 Many of the clergy and laity were imprisoned, and 
 remained there until the general delivery. 
 
 By Act of Parliament, 2600 landowners forfeited their 
 lands " for adherence to the Prince of Orange." By 
 another Act the " personal " property, of many previously 
 deprived of land, was taken. 
 
 It was such Acts as these that instigated the action of 
 the six apprentice boys of Berry. Alarmed for their lives, 
 they closed the gates of that city, as a last resource for 
 their personal safety. That desperate action on their part 
 became the heroic deed which burned the bide of ruin. 
 
 The defence of Derry saved the English people, and is
 
 [RI811 I All i i . I il" I 
 
 foundation upon which is built tli«' civil and relit 
 . moire. 
 
 Folh he Parliameni of William and Mary, 
 
 w 1 1 icli, in their fourth yei Lheii* title to the thn 
 
 and 1 1 uMi pi-oceeda to revive A.ct • Charles II. For 
 
 the encouraging of Protestant settlers in Ireland. 
 
 In 1695 the Parliament of William til. wa opened in 
 Dublin. The first A.otof t] was to annul i In 
 
 called Br Heretico Comburendo, which permitted 
 
 ecclesiastical cen iure to condemn to death, b pa ed in 
 Engla I • Iharlea 1 1.. e. '. , . 
 
 1 1; I si i STAT1 'l ES, 1695- 1700. 
 7 Win. III., o. 3. Declares .-ill attainders, and all other 
 tde in the late pretended Parliament, by divers 
 pers mbled at or near Dublin, May 7th, 1689, 
 
 without authority, . . . acting in concurrence with Bang 
 Jam id. "Thai Baid pretended parliament . . . 
 
 was not a parliament but an unlawful and r< bellious 
 Mtlily ; and that all acts and proceedings whatsoever 
 had, made, done or passed . . . by or in said pretended 
 parliament, should be taken, deemed, adjudged, and de- 
 clared to 1"' null and void to all inte bions 
 and purposes whatsoever. Thai no memorial thereof may 
 remain among . parliament . . . that all shall 
 be publickly cancelled . . . persons who hold and do not 
 produce them incMpaldc of employment and to forfeit £500 
 to the Kini. And whereas . . . they did pass one or more 
 pretended Acts, whereby in moBi cruel and barbarous 
 manner they did . . . attaint of high treason the greatest 
 part of the lords spiritual and temporal, and principal 
 this Kingdom . . . all which are hereby de- 
 ed null and void. All pretended disabilities and for-
 
 IRISH STATUTES, 1310 — lSlMI. 75 
 
 feitures discharged as if the parties so incapacitated were 
 expressly named and restored." 
 
 7 Wm. III., c. 4. — Prohibits foreign education, none to 
 go beyond seas to be trained up in Popery. Ever} r person 
 so going, or sending children, if lawfully convicted by any 
 jury of twelve, to forfeit all his or her goods. Informations 
 to be framed and answered instantly. Persons suspected 
 may be summoned to appear. 
 
 Clause 9 explains the " mischiefs of tolerating popish 
 schoolmasters," forbids their teaching either in public or 
 private, under penalty of £20 and three months in prison. 
 It is complained that the acts 28 lien. VIII., c. 15, and 
 12 Ellz., c. 1, have not had the desired effect owing to 
 connivance at Popish Irish schools. The first of these Acts 
 ordered an English school in every parish, while the second 
 ordered " that a public latin free School shall be constantly 
 maintained in each diocess." These Acts are still in force, but 
 owing to " popish schools being connived at " are not of use. 
 
 7 Wm. III., c. 5. — Papists deprived of arms. Houses may 
 be searched for them. Noblemen hiding or denying such 
 to be fined £100, and lesser persons £30 for first offence. 
 No maker of firearms to take a Popish apprentice. No 
 Papist to keep a horse worth £5. On paying £5 5s. horses 
 of higher value may be taken from Papists by magistrates. 
 For concealing such horses they shall suffer imprisonment 
 and forfeit three times the value. This is intended as a 
 perpetual law. 
 
 7 Wm. III., c. 21. — For replanting the kingdom left 
 waste by the late rebellion. For suppressing Tories, rap- 
 parees, robbers, and other heinous crimes. Offenders being- 
 harboured by Papists, inhabitants of every barony to make 
 satisfaction for burnings, maiming of cattle, etc. Tie 
 Popisli inhabitants only to pay when it is proved the 
 offender is a Papist, Protestants where it is proved to be a
 
 IKIsll MAI I I I 8, 1310 I SOU. 
 
 it, <t l'di 1 1 where both are implicated. Money to be 
 levhxl as ordered bj statute, 10 and I I Cor. [., c. 13. Notice 
 
 claim to l>e lodged in twenty Four hours after offence. 
 Twenty pounds reward to be paid i" " a in person who shall 
 
 ■ and convict, or kill any Tory, rapparee or rohber." 
 . ///.,c 1. Was an art for banishing ail Papists 
 
 'vising any eoolesiastical jurisdiction, ami .-ill regulars of 
 tin- l\>i>i>h clergy nut of this kingdom. " E '< was 
 
 notoriously known thai the late rebellions in this kingdom 
 have been contrived, promoted, and carried on by arch 
 bishops, bishops, Jesuits, ami other ecclesiastical persons of 
 the romeish clergy; ami Forasmuch a- the public p 
 ami safet} of this kingdom is in danger, by the 
 number of tin' said archbishops, bishops, l Friers, ami 
 
 other regular romish clergy now residing here, ami settling 
 in paternities ami societies, contrary to law. ami to the 
 impoverishing of many of bis Majestys subjects in this 
 Kingdom, who or to maintain "/"/ support them, 
 
 which romish clergy do not only endeavour t<> withdraw 
 his Majestys subjects From their obedience, hut do daily 
 stir up thf more seditious ami rebellious, i" the great 
 hazard of the mine ami desolation of this kingdom. For 
 which reason . . . all . . . popish clergy . . . shall depart 
 out of this Kingdom before the first of .May L698." They 
 were i" remain in places named until transported, ami 
 returning after transportation to bi consid <v<l high trea 
 Any hiding priests, after that date, t<> be fined -'-'" 
 first, .£30 for second, ami forfeiture of lands and goods 
 /'.,• life for third offence. Penalty on justices Failing to 
 carry out this law, £100 fine. 
 
 '!',/'. ///..-■.■_'.- ( lonfirmstheTreatyof Limerick. Allows 
 all the inhabitants of Limerick and garrisons at that tine' 
 with Irish belonging to Glare, Limerick and Kerry, Cork 
 ami Mayo, to b free to hold .Mich lands as the) possessed
 
 IRISH STATUTES, 1310 — 1800. 77 
 
 in the reign of Charles II. or since. All such estates to be 
 discharged from Crown arrears from 1688 to date of the 
 articles of treaty. These persons to have no new right 
 confirmed by this Act, only to be as they were before, as if 
 not guilty of rebellion. Those absent, and in arms abroad, 
 if they return within eight months and take the oath of 
 fealty, if not in arms since February 1688, to be pardoned 
 and restored. Persons pardoned from their offences from the 
 beginning of the late King James to 1691, if adjudged entitled 
 to benefit by this Act. This rebellion adjudged to have 
 begun April 10, 1689, that being the day, by the declaration 
 of February 1688, limited to the rebels to lay down arms. 
 
 9 Wm. III., c. 3. — An Act to prevent Protestants marry- 
 ing Papists. Protestant women with property must obtain 
 a certificate that the man they marry is a Protestant, or 
 else forfeit estate to next Protestant heir. Those already 
 married not to be held capable to being guardian to any 
 heir to the estate. These marriages have proved " per- 
 nicious " as the issue become "reconciled to popery." Any 
 Protestant minister or Popish priest marrying a Popish 
 woman to any of His Majesty's soldiers to be fined <£20. 
 
 9 Wm. III., c. 5. — This deals with special men outlawed 
 for their rebellion and for summoning a pretended Parliament 
 at Dublin, May 1689. They brought many of the French 
 King's subjects into this kingdom and destroyed several 
 thousand Protestants. These, and others previously out- 
 lawed, not excepted by the Treaty of Limerick, shall be 
 still considered guilty of rebellion. Those who have so 
 died in rebellion to have their estates forfeited to the King. 
 If any Protestant prove claim to such forfeited estate they 
 can hold. Persons who have left the kingdom without 
 licence since April 10, 1689, and return after October 23, 
 1697, without any licence, to be guilt)' of high treason. 
 Before granting licence for such returns, (lie Lord Chan
 
 ik i H 131U l£ 
 
 reco 100 1 hal t he pai I j 
 
 ere pa} LOs j eai I 
 the hisho] ohool. Then follov a long 
 
 list of names of those in wh it exceptii » time 
 
 . e made. 
 9 Win. III.. <•. 7. Another Act to punish evi] doers. 
 
 '.' is i<> the same end. 
 
 I" 11'///. ///../•. 7. —Decides those who hold lands BhalJ 
 
 be disturbed to put back owners now "restored." Such 
 
 ancient 1 are now debarred from making olaims «>n 
 
 lands "settled" by letters patent. It' necessary, these 
 
 claims to be satisfied out of the King's lands. 
 
 l'» Wm. III., 0. 16. — Another law to prevent the return 
 persons into this kingdom. And thus wo come 
 to the el f the > 1 cent ary. 
 
 VOTES PART 1 /. 
 
 L703 L781. 
 
 The eighty years' legislation of the eighteenth century 
 
 are very instructive. After the Sicfe of Derry there was a 
 
 Lg feeling against the "popish party," whose Influence 
 
 it v. • 1 had caused the terrible sufferings of that 
 
 time. Hence through the early years of the century penal 
 
 laws against Papists were passed. But even those penal 
 
 laws were n ■ ere as al first reading is supposed; 
 
 even a ' | ho took the oath of allegiance to 
 
 the sovereign miry, was free to practise his religion, 
 
 and could thufi do away with his "disability." So thai the 
 
 law was not against the religious belief of the subject, hut 
 against the disloyalty which subjects holding those religious 
 views indulged in. In the early part of this century "a 
 closer union with England" was craved, af the best way of 
 escaping the evils of the "corrupt" practices of those in 
 power in freland. The noble benevolence of private
 
 IRISH STATUTES, 1310 — 1800. 70 
 
 charities in schools, churches, and hospitals, aided by 
 Parliamentary grants, are striking, as also the amount of 
 public money expended on " nursing " Irish industries. It 
 is a curious fact that English porter should undersell and 
 ruin home-brewed Irish ale and beer. The revelations on 
 these trades will be pleasant reading for the temperance 
 party. It is remarkable that two Archbishops of Armagh 
 should endow two public libraries. With the Georges 
 came great strides in social legislation. The military were 
 put on a regular footing ; barracks of a suitable nature, pay 
 and clothing provided. Manufactures were widely extended, 
 and the first Pi-ess prosecutions undertaken. Roads were 
 made all over the country ; grand juries instituted ; Church 
 laws improved ; education encouraged ; labourers' claims 
 attended to ; and laws passed to enable those who let their 
 land to secure their rent. Agrarian spirit severely legislated 
 against. The amount of four thousand children to thirty 
 adults in the workhouse in 1773 is curious ; and, apparently, 
 the Dublin workhouse was the only one then in Ireland. 
 
 The enquiry into the state of the linen trade is a reve- 
 lation as to how severely Ireland suffered from the strict 
 protective laws then in force. The reason given for linen 
 being "the better manufacture" for Ireland, and "the 
 woollen " the one reserved for England, is curious ; it 
 being declared that linen was better and easier made in the 
 soft, damp climate of Ireland, while the dry, crisp atmosphere 
 in England was conducive to a "closer cloth." The evidence 
 goes to prove that, then as now, it was more difficult to 
 manufacture to advantage in Ireland than in England, 
 because of the want of specie in this country, the dearness 
 of fuel, and difficulty of transit; the indolent nature of I he 
 people, who prefer "Coshering" to work, is also mentioned. 
 
 From George III.'s accession the " popish penalties" were 
 being continually "eased," and this very possibly "lead
 
 IKIMI 'I Mill-, 1310 1800. 
 
 up ' bellion of '98 1 1 i - worthy of note i he I 
 
 rntion from Ireland to America at bhi ilds 
 
 ]Mi;iii\rl\ ipealdng, almoKJ h severe a strain 
 • in the population as it baa been at 1 1 1 • - corresponding period 
 of this centurj . 
 
 IIMMI STATUTES, L703 L781. 
 day, Soptemb r 1st, L703, began at Dublin Queen 
 Anne's first Parliament: Allan Broderiok, Speaker. In 
 addressing the Lord Lieutenant and House, the Speaker 
 hopes that, "with your assistance, Ireland may in some 
 way recover the languishing condition it is now in." The 
 first proceeding of tlii- Parliament was ordering a book, 
 written by John Argil, member of this House, to be burned 
 before the gate of the House by the common hangman, 
 because it contained several "heretical and blasphemous 
 doctrines and positions, contrary to the Christian religion, 
 and the Established doctrine of the Church of Ireland"; 
 and that he be expelled the Mouse. The name of this 
 lio.ik is not mentioned. On the same day a motion made 
 that a book printed in Dublin "intituled the Report of the 
 Commissioners appointed to enquire into the Irish forfeit- 
 ures," contains in the seventy-eighth paragraph several 
 • and scandalous assertions and reflections on the 
 Protestant freeholders of this kingdom, and the -aid para- 
 graphs being rend ; — 
 
 ■• Resolved, nemvne contradicente, that all the Protestant 
 fit eholders of the kingdom have bi i □ falsely misrepresented 
 . . . as persons that through length of time, and contracting 
 new friendships with the [rish, or interpurchasing with one 
 another, but chiefly through a general dislike of the dis- 
 position of the forfeitures, ire scarce willing to find any 
 pei one guilty of the late rebellion, even upon full evidence. 
 And that such misrepresentation hath been one of the
 
 IEISH STATUTES, 1310 — 1800. 81 
 
 great causes of the misery of this kingdom." John 
 Trenchard, James Hamilton of Tullamore, and Henry 
 Langford found to be authors of the book, and found guilty 
 of endeavouring to create a jealousy between the people of 
 England and the Protestants of Ireland. Bills against 
 "Archbishops . . . and other regulars of the Popish 
 clergy." Bills against " Tories, robbers, and rapperees " were 
 passed. The House passed a Bill for the protection and re- 
 viving of trade ; orders were also given that " all members to 
 wear and purchase Irish manufacture." All imported goods 
 to be highly taxed ; " plain calico " taxed Is. Qd. a yard ! 
 
 Leave given for the Hollow Sword -blades Company to 
 " take conveyances of landes in Ireland." 
 
 Owing to " decay of trade . . . the kingdom exhausted 
 of coin . . . whereby a great number of protestant families 
 are necessitated to remove out of this kingdom, as well into 
 Scotland as into the dominions of foreign princes and 
 states. That the constitution of this kingdom hath been 
 of late greatly shaken, the lives, liberties and estates of 
 the subjects thereof being tried and called in question in 
 a manner wholly unknown to our ancestors. That the 
 above mentioned mischiefes . . . have been occasioned by 
 ... ill meaning men, in order to create misunderstandings 
 between England and Ireland and to get beneficial em- 
 ployment for themselves . . . that . . . subjects in this 
 kingdom may be relieved from the calamities they now lie 
 under, by a full enjoyment of this constitution, or a more 
 firm or strict Union with England." 
 
 A list of State pensioners brought in. Of those who 
 live out of the kingdom, Geoige Rodney Bridges (put on 
 April 30th, 1607) lias far the largest sum, namely, .£1000 
 per annum. Of those in the kingdom, Lord Gralway and 
 Francis Roberts have ,£1000 each. The Presbyterian 
 Ministers have £['200 per annum ; two of them, Mr. Mac- 
 
 6
 
 IIU8H M \ ll I I B, 1310 I BOO. 
 
 :■! Mr Mi. I;, [d( . refu «• i i tak< i be oath, and 
 
 truck off. [This whole allowance was stopped. — 
 
 \ M l; i| H . kingdom, £ 19,008 ; out 
 
 of the kingdom, £5932, which ought to be struck off. Lad; 
 
 Dorchester, per annum, upon particular lands £5000, "in 
 
 discharge of n debl Bhe had upon the excise in Bngland.' 
 
 petition tn th< ' tption " of a\ i 1 on 
 
 in Ireland, is much complained of; tlii'- "corruption 
 given as a reason for desiring a closer Union with England. 
 A Law was passed "to prevent papist parents from 
 disinheriting protestant children, or preventing them from 
 iming protestants if they so will." Papists prohibited 
 voting for memb P rliament, because they abused 
 
 their privileg and " made mischiefes " — " unless they first 
 took oath of allegiance " . . . " Which said certificate being 
 produced to the B riff . . . tltey shall 6< perm 
 
 (■, mf, us amply and fatty as amy Protestant." 
 
 A Bill for •• setting and presen inga public library forever, 
 
 in a house for that purpose built by his Grace Narcissus 
 
 now Lord Archbishop of Armagh . . . on part . . . of the 
 
 Archbishop of Dublin's palace, near to the city of Dublin. 
 
 In 1709 the Commons declare—" We have /bund by dear 
 
 that the Protestant Religion and British 
 
 Interests m this kingdom "re no longer safe, than whilt it is 
 
 '/,■ power of Papists to distress or destroy them." 
 
 J une 28th, 1 "i^'J, pn sented a petition regarding ( -hichester 
 
 Bouse, in u» as a Parliament Souse . . . which was in 
 
 the twenty-fifth year of Iving Oharlee II. leased from Sir 
 
 11. mv Ford for ninety-nine years, at a rent of £22 for the 
 
 first six months, and for the next two years and sis months 
 
 pearly rent of £105, and for the residue of the term 
 
 £180 . . . that now £580 be expended to make it weather 
 
 tight, it is very ruinous . . . will Btand hut a few years. 
 
 Jn the year 1710 i.'lii,Ul)U appointed to be paid in
 
 IRISH STATUTES, 1310— 1 .SOU. 83 
 
 support of poor Palatines. . . . Three hundred more 
 families sent out of Great Britain into Ireland, for which 
 a grant of .£9000 was made. 
 
 On the opening of Parliament, July 1711, the Commons 
 return thanks for the lessened taxation of the country, 
 and promise funds for repairing the damages of the " losses 
 sustained by the late calamitous fire." Steps taken "for 
 preventing the mischief, both public and private, which may 
 arise by the loss of the records consumed in the said fire." 
 
 In 1713 the Second Parliament of Queen Anne was 
 elected, and many complaints were therein made of the 
 factious manner of the Papist and irregular way in which 
 they influenced the election of members. This Parliament 
 was dissolved by the death of the Queen, August 1st, 1714. 
 
 In the year 1725 (George I.) fishery laws were amended ; 
 the Liffey made navigable ; working of mines encouraged ; 
 hemp and linen manufacturers aided ; a Linen hall ordered 
 to be built; also a chapel in Dublin "convenient for tho 
 soldiers." 
 
 It was therein complained that within the last few years 
 Popery had greatly increased, because of " the many ways 
 found out and practised by the Papists to evade the several 
 laws already made to prevent the further growth of 
 popery." It was decided by a Committee of the House 
 " that the recommending of persons converted from the 
 popish religion, by which they may lie put too early into 
 the commission of the peace, is highly prejudicial to tho 
 protestant interest of the kingdom," also . . . "prejudicial 
 that any having a popish wife should bear any office or 
 employment under his Majesty. . . ." No person to get 
 employment under His Majesty that does not breed up his 
 children to fourteen years of age to be of tho Church of 
 Ireland as by law established. No one for seven years after 
 his conversion to be allowed to practise as ba rrister, attorney
 
 M iiiiMi -i \i i n 8, 131U IHUO. 
 
 ■i. nnd unl.' h lie bring n certificate ol having re 
 •' anient t hrico i i - during I ei'iii. 
 
 Okdbrs to Secuj 1 1] l ' 
 
 In I7..*> we have notice of Mr. Gwyn Needham and Mr. 
 Hid "ii being called before the House and repri 
 
 monded, for "havi upon them to reprint the vot< 
 
 of the House in their newspaper * The Dublin Tntefflyencer,' 
 misrepresenting the sense and proceedings of the House. 
 
 ■• R( »lved, that the > lecting of p< i »on to be m< mbers 
 ol this House, who are newly converted from the Popish 
 i" the Protestaxil religion, or who are married to Popish 
 . or bred up, or suffer any of their children to be 
 educated in the Popish religion is highly prejudicial to the 
 tstani in1 nntry " : nol to be eh ct< d 
 
 unlet seven yeai ersion. "No one, who ha 
 
 been converted, and whose wife or children .-till continue 
 in the Popish religion, to 1"' admitted into any office, 
 employment or place of trusl in the kingdom." 
 
 The House supplicates the Sovereign, because of the 
 " fatal consequences " likely to ensue, not bo reverse "the 
 outlawries of any of the pi tainted of treason, for 
 
 the rebellions of 1641 or 1688 . . . as the Papi \x of this 
 kingdom wer< almost universally engaged in those re- 
 bellions, and as their avowed design was to shake off the 
 authority of the Grown of England, and to extirpate the 
 Protestant religion, we cannot lnit apprehend, that the 
 
 sal of any of their outlawries must enc 'age new 
 
 gainst our sacred and civil rights . . . and an 
 
 inlet to their professed enemies to deprive them of their 
 
 fortunes. . . . We are continually alarmed by the new and 
 
 of those our mi mies. . . . Their least 
 
 luragement would strike the greate I terror into all 
 
 your faithful Protestant subjects in this kingdom . . . and
 
 IRISH STATUTES, 1310 — 1800. 85 
 
 make thern apprehend their properties, jnirchascd under 
 the sanction of several Acts of Parliament, insecure against 
 those who think it no injustice to contrive and set up pre- 
 tended settlements to defeat the titles of Protestants." 
 
 In this year a Bill was brought in to improve the 
 approach to the House for coaches and chairs. Bills to 
 improve the roadways throughout the Kingdom, to secure 
 the Erasmus Smith and Bishop Foye endowments, and to 
 further free Protestant schools throughout the Kingdom. In 
 1727 Bills to give more power to the King regarding Church 
 property which vested in the Crown ; all Church property 
 lapsing in Queen Anne's day being vested in the Sovereign. 
 
 In this year what may be called the first Bill to regulate 
 labour was passed. In 1728 the order was given to build 
 a new Parliament House on the old site. In 1729 laws 
 regarding the tilling of the land, the relief of the poor, and 
 better pay of the labourer were made, and thanks for good 
 harvest publickly given by the Parliament. Also a Bill 
 to prevent unlawful combination of workmen in their 
 several trades against their employers. An enquiry as to 
 the treatment of prisoners at Newgate and Blackleg prison ; 
 the prison keepers punished for undue severity. 
 
 In this year Mr. Richard Dickson again punished for 
 publishing in his newspaper parliamentary intelligence 
 without permission of the House. In 1751 permission given 
 for an Hospital to be built in the Church premises of 
 St. Mary Shandon, Cork. 
 
 In 1755 a Law to prevent tenants combining against 
 paying the rents to the landlord, setting fire to houses or 
 crops, or sending threatening letters. 
 
 An Act to allow Dissenters, who were not Popish, to hold 
 commission in the militia or army. 
 
 Soon to the close of George I [.'a reign penal laws again I 
 Popery are continually passed, and efforta of all sorts made
 
 [RI8I1 STAT1 i i . 1810 1800. 
 
 the growth of Popery." The reign* of the 
 
 I ■ also prolific in measures for developing the 
 
 the country, and putting government on what 
 we may call a constitutional and civili ed footing, In the 
 year 177 ! (( III.) there is an interesting report 
 
 mted to the House of ti< Workhouse .• » 1 1 < 1 Foundlinj 
 
 II pital of Dublin. The Workhouse had been started l>\ 
 
 Lnne, and in 1773 contains 1000 children above b 
 :iiid under twelve year- of agej " old persons and children 
 over twelve who have infirmities rendering them nnfil for 
 public service, 30 j children under six, 3000) so thai there 
 rvants and nurses 100." AH children above ix 
 instructed in reading and writing, the Protestant religion j 
 and several kinds of work; this work disposed of during 
 is has brought £785 13s. li, 1 ,/., exclusive of (lie 
 value of materia] and implements, and there are on hands 
 lace and other work value .£ 136. "Tin's house is of greal 
 national importance, strengthening tlie Protestant interest 
 amongst the lower ranks of the people in this Kingdom." 
 There are now over 1000 children kept at a rate of £3 Is. bd. 
 each child per annum, and that they owe to nurses and 
 food contractors 6 14,559. 
 
 This Parliament also petitions the Bang, on behalf of 
 "The [ncorporated Society in Dublin, for promoting English 
 :hools in Creland," which was started l7-"'e. 
 and which has by subscription, benefactions and Parlia- 
 mentary aid erected several schools in different parts of 
 kingdom. They had a Nursery and Enfirmar} in 
 Fork Street, now moved to Miltown Road, "a resting place 
 uch children as are sent from the country to be 
 apprenticed, or transplanted into parts remote from their 
 ish Relations." These are all taught such works as will 
 ■ them useful citizens; to read and write, and the 
 religion. Owing to the increased price of all
 
 IRISH STATUTES, 13*10 — 1800. 87 
 
 commodities the expenses of these schools are greatly in- 
 creased ; so they are now reduced from 75 to 50 in 
 number, and the yearly expenditure is over £ 16,000. 
 
 In 1773 there' was also a Committee of the House to take 
 into consideration " Brewing interests." It was shown 
 that the trade was decaying, that the whole duty upon 
 Beer and Ale does not amount to the expenses of collecting 
 the same. But that imports have increased to 58,079 
 Barrels. Mr. Thwaites, Master Brewer in Dublin, lias 
 been thirty-four years in the trade, which was the most 
 lucrative in the city. There were seventy breweries within 
 his memory, now there are only thirty in the city. No 
 brewer has made fair profit the last ten years. Half 
 of them would retire if they could get sale for their 
 utensils and collect in their debts. The increased price of 
 malts and hops, fire, and labour has created the decay. 
 They cannot raise the price, now make worse stuff, so the 
 " liquor is less agreeable and nourishing for the people," 
 who in consequence use " Spirituous Liquors," which is a 
 "total depi-avation of the manners of the lower class." 
 He remembers the journeymen of Dublin " a sober, 
 industrious, thriving- people ... at present thoy are the 
 most enfeebled, wretched set of creatures . . . almost 
 always intoxicated with Dram drinking." Porter is im- 
 ported from England to the loss of the Beer and Ale 
 brewing of this country. The encouragement and cheaper 
 rate of producing in England is so tempting, Dublin brewers 
 think of moving to Holyhead and Carnarvon. 
 
 In George II. 's reign the " Dublin Society" was started 
 for promoting " husbandry and other useful arts in Ireland." 
 And they have, as now reported to the House, assisted bj 
 private benefactions, reclaimed " boggey and mountain 
 par's of the kingdom." A Bill to oblige those who bring 
 milk to Dublin to use "pack laddies " for transporting it,
 
 IRISH STATUTES, 1810 1800. 
 
 'n take it on " lov» hack • i The < (rand Jury' 
 ; heir connl ies arranged : pow ei bin in 
 
 » appoint County Treasurer, to oblige him to 
 irity, and to appoint his Balary. 
 Fishei i. or 1 he K ing's M 
 
 increased. In Am rim, Down, Armagh, Londonderry and 
 
 Tyrone, "evil disposed" persons Btir up the | pi 
 
 tliri A Bill to bring these " evil disposed " pei 
 
 to justice passed December 24th, 177.°>. 
 
 Tlic Speaker complains of (In- difficulty of getting the 
 
 Supplies tor Government in "a Kingdom o destitute of 
 
 ■ : 
 
 In 1771 the Mayor and Corporation of Tipperary, 
 
 deriving from Elizabeth, ask dial Parliament aid them 
 
 in defending their rights. Papists being there admitted 
 
 into the Corporation "on condition of good behaviour, and 
 
 on their paying a mi Kill Mini quarterly, not Ing three 
 
 shillings, not less than six pence . . . which contribution 
 
 these Quarter Brothers did from time to time pay . . . for 
 
 upwards of ninety years past by the nam.' of Quarterage 
 
 . . . whereby they have relieved (ho necessities of 1 1 1 * • i i - 
 
 ed bretheren, bury their (had. relieve their sick 
 
 Within the last few years . . . those deluded insurgents 
 
 called White Boys have intruded themselves on this 
 
 county, sundry of these Quarter Brothers, i ntenanced 
 
 by those Miscreants, under the j, of redressing 
 
 grievances have refused to pay aid Quarterage, alledging 
 under some Colour of Right, that such demand is nut 
 warranted by law . . . they give every vexatious opposition 
 that art. malice, or ingenuity could devise, to the great dis- 
 quiet of the peace and gOpd harmony of the said town." 
 
 A great enquiry into the linen and other trade usages in 
 
 [reland. Linen being advised since 1698 to he the manu- 
 
 d to [reland, and woollen the better nited
 
 IRISH STATUTES, 1310—1800. 80 
 
 for England, the latter to be discouraged in Ireland, so 
 that except to England, the prohibition duty on woollen 
 material is high, so that " several thousand manufacturers 
 . . . left this kingdom for want of employment . . . South 
 and West of Ireland thereby entirely depopulated, So that 
 yet, though at the distance of more than 70 years . . . 
 they have not recovered a reasonable number of inhabit- 
 ants," so that on November 3rd, 1703, the people did 
 petition Queen Anne to consider " the distressed condition 
 of the subjects in this Kingdom." During these seventy 
 years, Parliament gave ,£500,000 to enlarge the linen trade 
 in Ireland. But for this allowance of £500,000, Ireland 
 relinquished to England the woollen trade, which had been 
 hitherto her staple manufacture. The increase in the 
 wearing of muslins hurts the linen mamifacturer, " and 
 always will, while they are permitted here, for they wear 
 better than our linens." " Numbers, amounting to 10,000 
 in two years, of linen weavers, have gone to America, and 
 taken their trade with them." Only one-third of our 
 weavers now employed. Longford for twenty years em- 
 ployed two thousand looms, has not twenty now at work. 
 The reasons of the decay are the high price of flax seed 
 —£80,000 to £90,000 worth imported annually; flax farm- 
 ing being, owing to increase of rent, unsuitable to Ireland. 
 We are ruined by the growth of linen manufactures in 
 America and Great Britain, the scarcity of specie in Ireland, 
 and from the way in which we make up our linens. 
 
 The English bounty on plain linens . . . are certainly 
 an advantage . . . for the Irish merchants . . . arc not 
 rich enough to cany on an export trade themselves. As 
 trade now is, "unless prevented for the future, must 
 necessarily end in the Bankruptcy of this Kingdom." In 
 three years, 1090 looms out of work in Lurgan; Clster 
 has lost .'10,000 inhabitants; one-half the looms idle. In
 
 [RIBH BTATl PR8, 1310 1800. 
 
 raine, one-third the people gone to America. From 
 Belfast $54] | me to America ; " the poor are in the 
 
 the more wealthy with difficulty support 
 thoir credit." Tin" money gone with the cini.ri-.iiii bo 
 nrth of the looms in Dungannon idle. No 
 public credil ai home or abroad ; n<> money in the country. 
 IuCmIumv 814 looms out of lOOOidle; 1000 families "gone 
 bey< In Tullamore one-fourth idle j in ('hue 
 
 half, Athlone two-thirds, Moal one-third, Kilbeg 
 two-thirds. This exodus has "impoverished the country, 
 lowered the value of land, caused scarcity of monej ; boo 
 many gone to America, ye1 others would go, but they are 
 
 tined by poverty." 
 In i 77s an A<-t for the relief of ubj - i 
 
 owing bo their " uniform peaceful behaviour for a long bi rie 
 of years." Prom 1770 to 178] Beveral ol I in 
 
 previous ] "prevenl the grow tli of popi ry," wi re re- 
 
 pealed, owing bo the "peaceful behaviour "of the Popish party 
 
 NOTES— PART VII. 
 
 17-1 Li 
 
 Grattan's Parliament is the next epoch, [n this Parlia- 
 ment, composed entirely of Protestants, the firsl great A.c< 
 
 Liing th" greater IV lorn of their Etonian Catholic 
 
 fellow subjects, were passed. Poyning's Act was repealed, 
 leaving [rishmen free to initiate remedial measures for 
 Ireland. The result of this greater freedom was sheave 
 Acts for improving the manufactures of bhe country by 
 amenbary subsidies, which heavily overburthened bhe 
 already oppressed taxpayers. Coercion Aci after Coercion 
 Act was inaug trated, then repealed. French aid was sought 
 by bhe disaffected, and twice a foreign power came to their 
 assistance. For eighteen years this [rish Parliament made 
 stupendous efforts bo "improve" this country's trade, to
 
 IRISH statutes, 1310—1800. 91 
 
 reduce the many internal jealousies, to regulate Irish 
 affairs for the benefit of the Irish people. But all in vain. 
 Outside influences were too many even for the energy and 
 patriotism of Grattan, so the "agitations" of the enemies 
 of England, working upon Irish enthusiasts, produced the 
 rebellion of 1798. There are private journal.-; of that day 
 extant, giving the personal experiences of some of those 
 who " suffered," with long lists of those who lost their lives 
 and properties. This insurrection was short, sharp, and 
 the cpielling thereof decisive. The Roman Catholic arch 
 bishops and bishops, with the larger part of their clergy, 
 the Roman Catholic laity, under the lead of Lord Fingall, 
 petitioned for " the Union," as the one hope for quelling 
 the internal strifes in Ireland, and securing to them and 
 their co-religionists a similar freedom to that enjoyed by 
 those of their faith in England. In the " laws for supress- 
 ing the evil disposed " of the last century, we see the almost 
 identical measures — considerably modified in the severity of 
 their penalties, to suit the humanitarianism of the nine- 
 teenth century — adopted by the late Unionist Government 
 when drafting the Crimes Act. 
 
 Those who now complain of Ireland being behind the 
 times as to postal arrangements, will be amused to learn 
 the Dublin General Post Office is only just one hundred years 
 in existence, and that three miles and a half an hour was the 
 utmost speed of our posts at the close of the last century. 
 
 The dastard crimes and brutal cruelties of our modern 
 moonlighters, are adoptions of last century methods of 
 persuasion. 
 
 Then, as now, Government hoped, by developing the 
 natural resources of the country, to "pacify" the people. 
 The Act 25 Geo. III., c. GO, which devotes £20,000, 
 public money, as well a similar sum levied off Lord 
 Oonyngham's property, for th" "fishings" in his neigh
 
 [RI8H 8TATUTR8, 1310 1 S <">. 
 
 i. is bul one of the many effbrl - made toenooui 
 our people t.. work o\i< their own industrial Balvation, 
 'rin< sum of money which \\a> borrow d from England for 
 I, and t he enormous amount of tro 
 [red in the oountry for the pn a of the lives of the 
 
 inhabitants before the Union, are a revelation which Bhould 
 budied by :ill now interested in the welfare of Ireland. 
 In this portion of the [rish Statutes we come to the 
 1 Pa rliament." < Irattan's Parliami n1 
 
 supposed t<> be tin' model upon which [rish Some Rulers 
 desire to model a Some Rule Parliament, with this differ- 
 ence : that, instead of ;i Protestanl Parliament they are to 
 have one in which, if no! entirely Roman Catholic, there 
 would certainly be a powerful Roman Catholic ascendency. 
 i tin- time of Richard CL, stringenl laws against the 
 Papistical ec ency in [reland have been 
 
 tinually made, because such ascendency was "alien " and 
 interfered with the peace of the country, subverting the 
 people from their obedience to their lawful King. These 
 early laws — which are the mot severe in all the statutes 
 against this "alien" Papistical power— were made by an 
 [rish Parliament which was exclusively " Papistical," long 
 before we hail >i,,,i Protestants in the land, therefore they 
 cannot be classed as laws instituted by Protestanl bigotry, 
 ami it is well t<> note thai until Grattan's time the Roman 
 1 tholic Church in Ireland La called in all Acts an ••alien " 
 < lunch. 
 
 also worthy of note thai all theearlier Irish Statutes 
 refer directly to " English rebels ami the Irish enemies" in 
 l ml. Therefore these Irish Statutes prove that no 
 special laws were made by "the English." against "the 
 ■"; hut that laws were made for the protection of 
 the "settled" people in Ireland — Mime [rish being 
 it led" with the English — from the depredations of the
 
 IRISH STATUTES, 1310— 18U0. 93 
 
 lawless English and Irish in the land, Therefore it is 
 apparent no " racial " hate was accentuated in those early 
 days. Putting it broadly, from first to last the fight in 
 Ireland has been between the law-abiding, steady people, 
 anxious to improve the country and their own position, 
 and those lawless persons who prefer fighting to work, who, 
 anxious of success, desire to degrade those who are better 
 than themselves to their own level, and who endeavour 
 with the aid of " aliens " to take by force of " the strong 
 hand " from the " settled people " such good things as their 
 greed desires. 
 
 There were five hundred years of Parliaments in Ireland. 
 G rattan's Parliament was the climax of that five hundred 
 years of disputes as to whether order or disorder was to 
 continue. Grattan's Parliament decided that "the Union " 
 alone could preserve this country from anarchy and ruin, 
 and establish securely the civilising power of our great 
 English-speaking nationalities. 
 
 The Roman Catholic archbishops, bishops, clergy, and 
 laity were then almost all in favour of this Union. They 
 thought then, as many of the more educated amongst them 
 think now, that "the Catholic religion is better safeguarded 
 under the protection of the Imperial Parliament than it 
 would be under any form of Home Rule Government which 
 Mr. Gladstone can devise." This was publicly stated by- 
 Lord Fingal at the Unionist Convention in Dublin last 
 summer. Lord Eingal's ancestor headed the list of those of 
 the Roman Catholic laity who signed the requisition for 
 the Union of 1800 ; therefore it was a, strong confirmation 
 of that requisition's wisdom, that Lord Eingal should have 
 presided at "the Unionist " meeting of 1892, and protest 
 as he did against any retrograde legislation, any separation 
 of Irish interests from the Empire, any paltry Irish ETomi 
 Rule Parliament being forced upon us. His closing words
 
 1 KIM I MAM I l . 131U I 
 
 1 1 : 1 1 Uoman Catholics as well as Protestants 
 devoted to their Queen, and proud to remain a 
 Irishmen an integral and governing portion of the British 
 Empire. So long as our birthright is being offered for Bale 
 to an Euglish party, and the Empire which ha risen by 
 imi"ii is being hurried along <>n a downward course, we 
 • all who would I mper with our freedom, our 
 fortunes, our lives, thai Inland will continue to block the 
 i 
 
 At the time of the Union, as is shown i>\ these Statu! 
 care was taken to "comp d ate" all who " suffered " by the 
 change. Thi ation came, uot by taking from 
 
 class to give to the other, but, from the National Exchequer — 
 t'ri'iii the Speaker of the Souse to the humble doorkeep r, 
 those who "lost their situations " were pensioned. Those 
 who had benefited by "boroug extinguished at 
 
 the Union, also received compensation for thai Loss; this 
 compensation being given indiscriminately to those who 
 voted for or against that Union, in place of the "patronage" 
 of which the Union deprived them. 
 
 Whatsoever "iniquities" Ireland endured during those 
 five hundred years were only similar to those endured by 
 other nations while in a crude state of civilisation. Side 
 by side, but still a little behind other nations, [reland has 
 I rogressed from barbarism to a Christian civilisation. 
 
 In 1800 we had lour and a half millions of people in 
 Ireland ; we had a bitter racial and religious fight suppressed 
 by "the strong hand," and the whole country on the brink 
 of bankru] 
 
 In 1892 our population is almo I identically the same as 
 in 1800; as a nation, we are, comparatively speaking, in a 
 flourishing and not ;t bankrupt position. 
 
 In 1S00 we had low mails in the country, vast tracts 
 of haul being therefore inaccessible; now we have railways
 
 IRISH STATUTES, 1310 — 1800. 95 
 
 everywhere. In 1800 our "post boy " was obliged by law 
 to travel at three and a half miles an hour ; and " hanged 
 without benefit of clergy " if he neglected his duty. Noio, 
 we scoff at mails travelling only thirty miles in the hour, 
 and clamour for a faster method of transmission. 
 
 Then it was hard to get " facts " before the Parliament in 
 London, without great loss of time and money. Now a 
 penny letter in twenty hours, or a telegram in half an 
 hour, puts those in Parliament in " touch " with " tbe 
 people " in every corner of Ireland. 
 
 We are now part of a great and wealthy Empire — a 
 strong right hand, even though we occasionally have cut 
 fingers — and we decline to be cut off and thrown back into 
 poverty, confusion, and insignificance which would leave us 
 a prey to the envy, jealousy, hatred, and malice of " alien " 
 people, be they Romish ecclesiastics, French Republicans, 
 or American-Irish. 
 
 IRISH STATUTES, 1781—1800. 
 
 21 Geo. III., c. 11. — " An Act for the better securing the 
 liberty of the Subject." By this Act persons imprisoned 
 during vacation could apply to the Lord Chancellor, who 
 " may take securities for and discharge the prisoner until 
 next assizes." But "whereas persons charged with petty 
 treason, felony, murder or accession thereto, are arrested 
 upon suspicion only, whereupon they are bailable or not 
 according to circumstances. . . . therefore be it enacted 
 . . . persons so committed . . . shall not lie removed or 
 baild by virtue of this act. . . . The Chief Governor or 
 Governors and privy Council may suspend this Act by 
 proclamation under the great Seal of this kingdom, during 
 actual invasion or rebellion, and no person concerned in 
 such invasion or rebellion shall be bailable."
 
 IIU8H si \ ii M S, l:*>l»i I SOO. 
 
 l'1 Geo. [If., o. 16. E • n Bank oi tr« land. 
 
 //.. c. 24. P< rmits Popish pri< st to bake the 
 oath of allegiance, and repeal penal Ac is revived 9 Witt. III., 
 r. I. .iml Beveral revived by Queeri Anne and pr vious ones 
 of i his reij n. This Act , apply to any ]" 
 
 perverted from the Protestant religion, or interfering with 
 members of tl ! ' a mi religion, 
 
 ■J I Geo. IIL.r. ;> i . "Whereas by an aci pas ed in the 
 . leventh ami t welft Ii \ ears of his Majesty's reign, intituled, 
 •An aci for the remitting of prisoners, with their indicl 
 Hunt-, by the justices of lii- Majestys Court of Kings Bench 
 t.i tin- plac< where the crimes were committed, it is recited, 
 "that i"i oi indicted For high treason maj remove 
 weU their 1 >■ >. lies as their indictments into the court <i 
 King's bench, if that ('Mint -hall think fit, and cannot h\ 
 order law of law !>■ remitted or sent down to the ju 
 
 jaol delivery, or of the peace, or other justices or com 
 missioners to proceed upon them; and it is therefore and 
 thereby enacted, that in every such case, the justio 
 the King's bench shall have full authority and power i 
 remand ami send down, as well the bodies of all such 
 persons as their indictments, into tin' counties where such 
 high treasons or felony are or shall he charged in said 
 indictments to be committed or done, and all other justices 
 and commissioners of < >yer and Terminer, and every of them. 
 to proceed and determine upon all the aforesaid bodies and 
 indictments so removed after the Course of the Common 
 law, in such manner as the said justices of gaol delivery, 
 justices of the peace, and other commissioners, or any of 
 them might or should have dune if the said prisoners or 
 indictments had never been brought into said King's bench ; 
 and whereas the said act dues nut extend to cases wher< 
 
 the body of persons indicted for high treason <»■ felony 
 iforesaid . . . therefore he it enacted by the Kings
 
 IRISH STATUTES, 1310 — 1800. 97 
 
 most excellent Majesty, by and with the advice and consent 
 of the lords spiritual and temporal, and Commons in this 
 present Parliament assembled, and by the authority of the 
 same, . . . the bodies of all such persons . . . where such 
 high treason and felony are or shall be charged to be com- 
 mitted or done . . . are removed, either by defendant, or 
 at suit of the Crown, to command all justices of gaol 
 delivery ... to proceed and determine upon all the afoi-e- 
 said bodies and indictments so removed, in such manner 
 as the same justices of gaol delivery, justices of the peace 
 and other Commissioners, or any of them might or should 
 have done, if the said prisoners or indictments had never 
 been brought into the said Kings bench." ' ' 
 
 In 1781-82 for the purpose of more fully providing for 
 the liberty of the people an Act was also passed. 
 
 21 Geo. III., c. 62. — Repealing penal laws against Popish 
 education. Schoolmasters of the Popish Church, having 
 taken the oath of allegiance, were at liberty to teach the 
 children of Popish parents. They were, however, pro- 
 hibited taking either Protestant children or teachers ; were 
 not permitted to build or endow their school ; and were 
 obliged to obtain permission to teach from " the ordinary " 
 of the diocese, such " permission " being granted or recalled 
 at will of the said " ordinary." No Papist ecclesiastic might 
 have such permission ; but all laymen who took oath could 
 take full charge of the children of Papists. Protestant 
 schools were prohibited from taking in any Popish ushers 
 or under-teachers. 
 
 In 1783-84, a Bill for establishing the Bank of Ireland 
 
 was passed. Section 12 of this Act authorised < roverni I 
 
 lotteries for the purpose of raising i'300,000 for the 
 necessities of Ireland. 
 
 23 Geo. II/.,c. 17, is interesting as it ordered a convenienl 
 place in Dublin should lie selected for the establishmenl 
 
 7
 
 IRISH i VTUTB8, 1310 -! 
 
 ' I wii li brn in li offices i broughoul 
 
 tho kingdom, "from whence . . . may be enl . . . re 
 
 I. re diiriny ih<- Session signed 
 
 by .i mei N ed before ten 
 
 i ravel i . : ra\ ■ ■! a1 the 
 
 of three and a half Irish miles an hour. In tin si me year 
 anothei' Act, obliging hawkers and pedlars t<» take oul 
 licences, was passed, ill" moneys paid For such licence 
 
 given to the "Incorporated Society in Dublin for the 
 promotion of English Protestant Schools in Ireland." 
 
 I i c. ■•.— •■ An Art for punishing such 
 
 is shall by violence obstruct the freedom of the 
 3 and the Corn trade; or shall be guilty of 
 other offences therein mentioned, and for making satisfac- 
 tion to t hi injured." 
 
 •■ \\": il struct by \ iolence I he 
 
 freedom of export . . . and tin* free }>a ... cithei 
 
 by land <>r water, is not only a daring violation of the law, 
 but must injur.' agriculture, and be in the end productive 
 of dearth and famine; be il enacted . . . any person un- 
 lawfully, riotously and tumultuously assembled together, 
 shall at any time after the d this act wilfully . . . 
 
 pull down, demob' to, or destroy any store house, 
 
 mill, granary, back or other place . . . spoil . . . 
 
 carry away . . . obstruct or prevent . . . seize, detain, 
 lake . . . with intent to prevent . . . the owner, driver or 
 cond : . . . shall . . . suffer death as vn the 
 
 1 ' ■ nefit of '■/,,-/'/. i Ha/use 2. . . . 
 all damage which shall be sustained b] means of any 
 aid, or by any violence . . . shall be 
 recovi '1 . . . by the person or persons injured . . . 
 li vied as hereinafti r directed (clause 3) . . . by writ . . . 
 within eipt th< reof . . . Landofl 
 
 and inhabitants shall make applotmente (of amount) and
 
 IRISH STATUTES, 1310—1800. 99 
 
 choose such collector . . . and he is authorized ... to 
 levy the said sum . . . together with . . . one shilling in 
 the pound for the sheriffs fee, and . . . one shilling in the 
 pound for his own trouble in collecting ... by distress 
 and sale of the goods of every person refusing to pay . . ." 
 (clause 4) if no person appointed to collect "within 30 days 
 the said sheriff levy same. . . . (Clause 7) For the better 
 preservation of the peace . . . any person riotous . . . 
 setting fire to . . . shall be adjudged a felon, without 
 benefit of clergy . . . and suffer death." (Clause 8) Same 
 punishment for other unlawful persons. (Clause 10) " Ac- 
 tions shall and may be brought at the choice of the plaintiff 
 in any adjoining county." (Clause 12) Money for these 
 prosecutions to be levied off the county by the Grand Jury. 
 
 23 & 24 Geo. III., c. 28.— This Act is to " secure the 
 Liberty of the Press, by preventing the Abuse arising from 
 the publication of traitorous, seditious, false and slanderous 
 libels b}' persons unknown." Penalties, heavy fines. 
 
 23 Geo. III., c. 30, of this year deals with Justices of the 
 Peace. No one could obtain the Commission of the Peace 
 who had not a " freehold estate," or some " great estate" of 
 £300 yearly free of all encumbrance. This Act to be in 
 force from September 29th, 1784, for twenty-one years, " and 
 to the end of the then next Session of Parliament." 
 
 At this time it Avas illegal to have a "glass house," that 
 is, manufacturing of glass, within a, certain distance of 
 Dublin. Nevertheless there was " a glass house in Mary's 
 Lane," which it was proposed to remove for improving the 
 town ; so the " Commissioners " were authorised by Parlia- 
 ment to pay any sum under £400 to the proprietors on 
 pulling it down. 
 
 23 Geo. III., c. 33, appoints .£15,000 to bo paid in 
 bounties to encourage the following manufactures — wool, 
 cotton, thread, iron or copper. Those appointed to this
 
 100 iKI-ll RTAT1 i i . I 310 I BOO. 
 
 ' ion wi'iv i ln> Duke of Lein ter, Hon. John Fo t( r, 
 
 [Ion. Luke Gardiner, sir I ucin O'Brien, sir John 
 
 ell, Samuol II Karl ley, I >a\ id La Touche, 
 
 Alderman \\ ! \ en of ( Ik in might direct . 
 
 limit, or appoinl the awards. 
 
 This was followed by an Act ordering the destruction of 
 all "glass-houses" in or near Dublin " without compensa- 
 tion," as they were injuriou bo the public hi alth. 
 
 is period il is apparent care was taken nol to give 
 undue votes to Protestant party, as when the "settlements" 
 of •• < leneva and other foreigners " were naturalist d, special 
 oath was taken, that they should neither vote lor, nor be 
 electt J as, members of Parliament. 
 
 •_':; .i- 24 Geo. 111., c. 34. -"An Act lor the relief of 
 prisoners charged with Felony, etc." Persons in custody 
 .■il suspicion thereof , a tic- thereto, though no bills 
 
 of .indictment are found against them, or fihey be acquitted 
 on their trial . . . nevertheless they axe frequently detained 
 for certain fees . . . be it enacted . . . t hat prisoners who 
 now- are, or hereafter shall be charged with any crime or 
 offence whatsoever . . . who . . . shall be acquitted . . . 
 shall be enlarged without any fees." This Act repeats 
 ■:■ il stringent measures adopted towards prisoner! 
 : illy. 
 
 23 .(■ •-'! Geo. 111., c. 38.— "Further provides for the 
 peace of the country." All strangers settling in the 
 country to take a stringent oath of allegiance to the 
 reign and Royal Family. To swear — "I do reject and 
 detest as impious, the belief that it is lawful to murder or 
 di -troy any person wlut n ver, for, or under the pretence 
 of their being hereticks, and also that . . . wicked principL 
 that no faith is to be kej.t with hereticks . . . and 1 
 abjure the opinion that princes excommunicated by the 
 Pope and Council, or by any authority of the See of Rome,
 
 IRISH STATUTES, 1310—1800. 101 
 
 or by any authority whatsoever, may be deposed or 
 murdered by their subjects. ... I do not believe that the 
 Pope of Rome, or any other foreign prince, prelate, state 
 or potentate, hath or ought to have any temporal or civil 
 jurisdiction, power, superiority or pre-eminence, directly or 
 indirectly within this Kingdom . . . without thinking that 
 I am or can be acquitted before God or man, or absolved of 
 this declaration or any part thereof, although the Pope or 
 any other person or authority whatsoever shall dispense 
 with, or annul the same, or declare that it was nidi and 
 void from the beginning." This Act goes on to declare, 
 No person so naturalised may vote for or serve in Parlia- 
 ment, nor shall be entitled to hold any office unless he shall 
 be a Protestant, and shall have resided there for three years. 
 Excepting he hath obtained the right of voting, by such 
 ways as others of His Majesty's subjects of this Kingdom 
 hath hitherto, or shall hereafter obtain the same. 
 
 24 Geo. III., c. 56. — " Whereas divers profligate and evil 
 disposed persons have of late with knives ... in a bar- 
 barous . . . manner houghed, maimed and disabled several 
 soldiers . . . by cutting the tendons and sinews of their lrgs 
 across . . . and whereas the said barbarous offenders have 
 generally escaped from justice . . . for their more speedy 
 discovery . . . and for the support of those . . . subjects 
 ... as shall hereafter be houghed . . . that if such be 
 committed ... in any county except Dublin ... at 
 assizes, within one year after such fact . . . grand jury of 
 the county shall acess the barony in j£20 p. a. to be paid 
 to such sufferer. . . . For the more effectual prevention 
 . . . after passing of this act, every person or persons 
 convicted of any crime or crimes in the . . . acts of 13th, 
 14th, 17th, 18th years of the reign of his present Majesty 
 . . . shall be executed the day next but one after sentence 
 passed." Regarding soldiers who were sufferers from this
 
 102 IKI8B i \ I l i i . 1310 1 -«>". 
 
 hori now in i he f»er> ice of our R< I 
 
 tlie I cutting the tendons and rinews of their 
 
 i hereby totally disabling the aid oldiera . . . 
 from earning their bread by thei . . . andwhereas 
 
 the Baid barlmrous offenders have generally after perpetral 
 in:: Buch enormous crimes, I From justice . . . for 
 
 the more s] !v and effectual discovery and prosecution of 
 
 Buoh offenders . . . by the advice and consonl of th 
 spirit ii;il. temporal, and Commons in this Parliamenl 
 mbled . . . thai if . . . after the p An 
 
 bed . . . (any w ho) commit xur\[ off< 
 . . . within 'Mm.' year (grand jury's) . . . c! 
 upon the inhabitai b barony. . . or the inhabil 
 
 of the coun ■. . . . city . . . town (except Dublin) in 
 which the said fad shall be committed tin' sum of twenty 
 pound sterling to be paid yearly, and every year during the 
 life of . . . such subject . . . for his support and main- 
 tain* 
 
 In Dublin, should occasion require, the Court of I 
 ■h in like manner li vied an annual sum of £20 for 
 such victims. Private enquiry before a set of appointed 
 offici ails of outrage were also ordered. (f 
 
 within six months the offender was found and convicted no 
 such sum was levied. For the better prevention of "the 
 . d and barbarous practices mentioned and described in 
 and by a Parliament, 13 (!eo. III., entitled, •• 
 
 malicious cutting and wounding, and to punish 
 offenders called chalkers" and other Acts co 
 •• chalkei d of any such crimes, 
 
 r the passing of this Act, shall h led the next day 
 
 one after s n I, unless the said day be 
 
 Sunday, when execution shall be deferred until the following 
 Monday. 1': part, and fed only on bread 
 
 and [f the gaoler offend by neglecting th< i orders,
 
 IRISH STATUTES, 1310 — 1800. 103 
 
 he forfeits his employment, and is fined =£50, being im- 
 prisoned until this fine be paid. This Act was ordered to 
 be in force from June 24th, 1784, until Juno 24th, 1792. 
 
 25 Geo. III., c. 60. — Repeals the Coercion Act of 1 781 . In 
 this same year a very large sum — £20,000 — was levied 
 upon the Manors of Port Dungloe and Mount Charles in 
 the County Donegal, the estate of Lord Conyngham, to be 
 expended, with twenty thousand other pounds granted by 
 Parliament, in promoting the fisheries on the west coast of 
 Donegal. 
 
 20 Geo. III., c. 24. — "An Act for the better execution 
 of the law within the city of Dublin and certain parts 
 adjacent thereto ; and for quieting and protecting posses- 
 sions within this kingdom, for the more expeditious 
 transportation of felons, for reviewing, continuing and 
 strengthening and amending certain statutes therein 
 mentioned." 
 
 30 Geo. III., c. 29. — An Act for taking away the Court 
 of Wards and Liveries, etc. Protestants may dispose of the 
 tuition of their children under twenty-one to any person not 
 professing the Popish religion. Any professing the Popish 
 religion — not having lapsed from the Protestant religion — 
 may likewise dispose of their children to any other than an 
 ecclesiastic of the Church of Rome. Any child of a Papist 
 taken out of the kingdom, the chancellor may make pi - o- 
 vision for the preservation of the estate until the child be 
 brought back and delivered to a guardian. 
 
 31 Geo. Ill, c. 17. — An Act to prevent the horrid crime 
 of murder. Repeals the Act, 10 Henry VII., concerning 
 murder of "malice prepensed treason," and the Act of 
 9 Anne, for " appeal in case of murder." Orders, also, I ha*, 
 bodies of murderers executed in Dal Jin to be given to the 
 Company of Surgeons; and elsewhere to local infirmary 
 surgeon. Bodies of murderers must be dissected or hung
 
 1810 18U0. 
 
 in chains. Onlj Food after conviction bread and water, 
 ittomptiug rescue ol murderers to be deemed guilty 
 of felony, er death without benefit of clergy. For 
 
 attempting to rescue the body from the surgeon bi 
 tion. Pel us charged with murder before this An to be 
 asl ob if i his A.cl bad no! pa ed. 
 
 For the yi ir L791 hoi e racing was prohibited in the 
 vicinity of Dublin, " much idleness and drunkenness 
 
 :iik1 riot have for some be o occasioned by the 
 
 frequency of horse races . . . for remedj whereof ... it 
 shall not be lawful for an) person to cause any horse . . . 
 to run for any public prize whatever within nine mile of 
 his M tie of Dublin . . . any assembly more 
 
 than twelve in number . . . shall be deemed an unlawful 
 mbly, and . . . be disp rsed as such . . . persons so 
 present prosecuted . . . proceeded against as persons presenl 
 and assisting an unlawful assembly . . . horse . . . seized 
 . . . and in eight days sold . . . money paid to the 1 
 of the county." - 1 may "destroy all booths, seize 
 
 and liquors." 
 
 •"•I Geo. III., c. 11.— Is a revival of lapsed coercion 
 laws. 
 
 •">:.' Geo. III., c. 21.— Ad to remove Restraints . . . of 
 subject 
 
 Oaths required to be taken, by recited A.cts on admission 
 to the Bar, not required to be taken by Roman Catholics 
 after June 24th, I792j oath of allegiance to the King to be 
 taken instead by attorneys, solicitors, or notaries, but those 
 iot be so qualified to the place or office of King's Council. 
 The ninth cla permission for I'rotestimts to marry 
 
 with Papists, but a Protestant married to a Popish wife 
 may not vote at election. Protestanl clergy may celebrate 
 marriage . but Dissenting ministers and Popish priests 
 may not celebrate marriages between Protestants and
 
 IRISH STATUTES, 1310—1800. 105 
 
 Roman Catholics. It is no lunger necessary for persons 
 professing the Popish religion to obtain licence for teaching 
 school. Popish tradesmen at liberty to take apprentices. 
 
 32 Geo. III., c. 22. — Time for Papists to take the oath and 
 conform extended. 
 
 33 Geo. III., c. 2. — " Whereas tumultuous risings have of 
 late happened in some parts of this kingdom, and the persons 
 engaged therein have practised various secret contrivances 
 for being supplied with and keeping arms ... in order to 
 prevent . . . from 20 Feb. 1793 it shall not be lawful for 
 any person whomsoever to import pistols, gunlocks (etc., 
 etc.), without having first obtained a license." Penalties, 
 heavy fines and forfeiture. 
 
 33 Geo. III., c. 21 (1793).— "Whereas various Acts of 
 Parliament have been passed, imposing on his Majesty's 
 subjects professing the Popish or Roman Catholick religion, 
 many restraints and disabilities, to which other subjects of 
 this realm are not liable ; and from the peaceable and loyal 
 demeanor of his Majesty's Popish, or Roman Catholick 
 subjects, it is fit that such restraints and disabilities shall 
 be discontinued. Be it therefore enacted . . . that his 
 Majesty's subjects being Papists, or persons professing the 
 Popish or Roman Catholick religion, or educating any of 
 their children in that religion shall not be liable or subject 
 to any penalties, forfeitures, disabilities or incapacities . . . 
 touching their estates . . . real or personal, or touching 
 the acquiring of property . . . save such as his Majesty's 
 subjects of the Protestant religion are liable and subject to ; 
 and that such oaths as are required to be taken by persons 
 in order to qualify themselves for voting at elections of 
 members to serve in Parliament ... as import or deny 
 that the person taking the same is a Papist, or married to a 
 Papist . . . shall not hereafter be required to be taken by 
 voter . . . and it shall not be necessary . . . thatheshould
 
 IU6 IKIMI BTATl'Tl . II 1—1800. 
 
 oath of allegiance or abjuration . . . Provided 
 
 I . . . be hereby i equired to perform 
 
 all qualifications . . . which are now required ... in like 
 
 ad except such oaths . . . as are herein 
 
 . scepted. . . . 
 
 ded always, thai nothing herein before contained 
 . . . or alter any law . . . now in force, by 
 which certain qualifications are required . . . by persons en- 
 joying any offices or places of trust under his Majesty. . . . 
 Provided . . . nothing shall extend, to gi\ Papists a righl 
 .• any parish vestry, for levying of money to rebuild 
 any parish church . . . <>r for demisal . . . of the estate 
 . . . belonging 1 > any church . . . or for the Balary of the 
 
 i tc. (they maj !:<■ p arms it' they ha ■ ■ 
 
 value! at £100 per annum, " aa '). They 
 
 may have and bold civil and other offices like their fellow 
 
 subjects, professorships, or be fellows or masters of col] 
 
 "to be hereafter founded in this kingdom; provided thai 
 
 such college shall be a member of the University of Dublin, 
 
 U not bt ' j for tli education of 
 
 papists . . . nor • ' ively of masters, fellows, or 
 
 other persons professing the popish religion . . . and be a 
 
 member of any body corporate, except the college of the holy 
 
 '/'.',■' it en EClizabol h, near Dublin 
 
 . . . without recieveing the sacrament of the Lord's supper, 
 
 ■ding to the rights and ceremonies of the Church of 
 
 I . ml . . . provided they take an oath of allegiance to the 
 
 King . . . that is to say -I, A. B. do hereby declare, that 
 
 1 do pi Roman Catholick religion. I . . . do 
 
 : •'. ■ I do abjure, condemn, and detest, as unchristian 
 
 and impious, the principle that it is lawful to murder, 
 
 broy, or any way injure any person whatsoever, for, or 
 
 under the pretence of being an heretick; and 1 do declare 
 
 God, that I believe, that no act in itself
 
 -1800. L07 
 
 unjust, immoral or wicked, can ever be justified or excused 
 by, or under pretence or colour, tbat it was done eitber for 
 tbe good of the church, or in obedience to any ecclesiastical 
 power whatsoever. I also do declare, that it is not an 
 article of the Catholick faith, neither am I thereby required 
 to believe or profess that the pope is infallible, or that I am 
 bound to obey any order in its own nature immoral, though 
 the pope or any ecclesiastical power should issue or direct 
 such order, but on the contrary I hold that it would be sin- 
 ful in me to pay any respect or obedience thereto." [Here 
 follows a protestation against the power of the Pope to for- 
 give sin. —A. M. R.] "... I do swear that I will defend 
 to the utmost, the settlement and arrangement of property 
 in this country as established by the laws now in being. 
 I do hereby disclaim, disavow, and solemnly abjure any 
 intention to subvert the present church establishment, for 
 the purpose of substituting a catholick establishment in its 
 stead; and I do solemnly swear, that I will not exercise 
 any privilege to which I am, or may become entitled to 
 disturb or weaken the protestant religion and protectant 
 government in this kingdom. So help me God." Papists 
 may be professors of medicine in Sir Patrick Dunn's. Not 
 to sit in Parliament, be Governor of this kingdom, Lord High 
 Chancellor, Chief Justice of the King's Bench, etc., etc., or 
 fellow of Trinity College, unless he shall take the oath and 
 perform the several requisites required by those who enjoy 
 the said offices. They may not present to any Church 
 benefice, neither may they perform marriages between 
 Protestants, or Protestant and Papist under a penalty of 
 £500. After June 1st, 1793, to admit to degrees in Trinity 
 College by taking oath of allegiance and abjuration. 
 
 33 Geo. TIL, a 29.— To prevent election or appointment 
 of unlawful assemblies . . . "if any person shall give or 
 publish, or cause . . . notice of election to be holden . . .
 
 108 HUSH BTATUTJ . 1810 I 800. 
 
 tppoinl incut of . . . representatives . . . shall be 
 ii 't\ "t an high misdemeanor . . . exoepl . . . 
 1*8 and ii age of such bodies corporate 
 ctively. . . Nothing herein . . . shall impede . . . 
 his Majestys subjocte ... to petition . . . for redn of 
 private grie^ anoe," 
 .">."> Geo. III., o. 30. An A.-, to prevent, during the 
 present War between Great Britain and France, all 
 traitorous correspondence with, or aid to, Elis Maje 
 enemies. 
 
 35 Geo. III., o. 21. "Whereas, by th laws qo^i in force 
 
 in this kingdom it is not lawful to endow any Collegi oi 
 
 Seminary for the education > of persons professing 
 
 Roman Catholic religion ... it is uow become i : 
 
 pedienl that a Seminary should be established for that 
 
 purpose . . . be it therefore enacted . . . that the Right 
 
 I inn. John Viscount FitzGibbon, lord Chancellor of Ireland, 
 
 B it 1 !<>n. . John Earl of Clonmell lord chief justice of 
 
 his Majestys court of Kin gs bench in Ireland, the Right 
 
 Son. Hugh Lord Carleton, chief Justice of his Majesty's 
 
 i of Common pleas in Ireland, and the Right Hon. 
 
 Barry Yelverton duel' baron of the Court of Exchequer in 
 
 ad, the Chancellor, or lord Keeper, chief justice! and 
 
 chief baron of the said Courts for the timi being together 
 
 with Arthur James Plunkett, commonly called Earl of 
 
 Fingall, Jenico Preston, viscount Gormanstown, Sir Thomas 
 
 Browne called Viscount of ECenmare, Sir Edwavd Bellew, 
 
 Richard Strange, Sir Thomas French, Rev. Richard O'Reilly 
 
 >rogheda, D.D., Rev. John Thomas Troy, D.D., Dublin, 
 
 R v. Thomas Bray, Thurles, D.D., Uev. Boetius Egan, 
 
 Tu. mi, D.D., Rev. Patiick Joseph Plunkett, Navan, D.D., 
 
 Phillip MacDavett, Strabane, l).i)., Rev. Francis 
 
 Moylan, Cork, D.D., Rev. Gerald Tehan, Cillarney, l».l>., 
 
 Rev. Daniel Delany, Tullow, I). I)., Rev. Edmond French,
 
 IRISH STATUTES, 1310—1800. 109 
 
 Athlone, D.D., Rev. Thomas Hussey, Dublin, D.D." They 
 were empowered to receive subscriptions, acquire lands and 
 to erect buildings, anil Popish ecclesiastics were permitted 
 to officiate in chapels appointed by said trustees for that 
 purpose. All laws concerning the government of said 
 academy (excepting the religious discipline thereof) to be 
 approved by the Lord Lieutenant. Should any trustee die 
 or resign (saving legal officials) the trustees elect a successor, 
 who must be "a natural born subject of his Majesty." 
 All trustees, masters, etc., to take oath of allegiance to 
 the King, and no Protestant to be employed or taught 
 therein. For this purpose for this year a grant of .£8000 
 is apportioned. 
 
 36 Geo. III., c. 20. — An Act to prevent tumultuous 
 assembly; "to deter wicked and designing men from 
 administering and taking such unlawful oaths . . . or . . . 
 to be of any association or brotherhood . . . formed for 
 seditious purposes, or to disturb the public peace, or to 
 obey the orders or rules or commands of any Committee, 
 or other body of men not lawfully constituted ... or to 
 assemble at the desire of any captain, leader ... or person 
 not having lawful authority. Or not to give evidence 
 against any brother . . . confederate ... or reveal . . . 
 any illegal act . . . not being compelled by inevitable 
 necessity . . . shall be adjudged guily of felony and suffer 
 death without benefit of clergy . . . and any person . . . 
 being convicted ... of taking such oaths . . . shall be 
 transported for life . . . inevitable necessity shall not 
 justify . . . unless . . , within ten days after ... it' not 
 prevented by actual force or sickness (he or she) disclose 
 to one of his Majesty's justices of the Peace . . . all he 
 or she knows concerning the compelling. . . ." Accessories 
 guilty. Persons who have arms to give notice of same . . . 
 any having aims who do noi register forfeit £10, or are
 
 I I" IK1SI1 i \ M I R8, 1310 I SOO. 
 
 impri oned two month sond offence f< 10, or 
 
 nr months; if no< 
 hod for ari 
 ( "Ian : •• and when ■ : i - instant ea 
 
 ins who have given informal ion i 
 
 before trial of the person 
 
 accused, in order to prevent their giving evidence . . . 
 
 have been ited for brin 
 
 "... be it therefon enact* d . . . should 
 
 »n . . . give information against any person . . . 
 
 and ■ trial of the person . . . be murdered . . . 
 
 such evidence shall be admitted as • vidence . . . and . . . 
 
 it' it shall appear . . . any p re »n giving information . . . 
 
 hath been murdered or maimed ... it shall be lawful 
 
 . . . for the Grand Jury to present . . . sum- . . . to be 
 
 paid to the personal representative of such witm 
 
 angers may be arrested, and committed if they do uol 
 
 a satisl .it of tl The Lord 
 
 Lieutenant and Council may proclaim disturbed County 
 
 or pari of County, [nhabitants may l>o ordered to keep 
 
 within their dwelling- I ad Sunrise. Men 
 
 if found abroad "shall be transmitted to serve on board Lis 
 
 Majestys navy." Justices may take thesubject's arms for 
 
 I ber details 
 
 ive of the unruly and disorderly. 
 
 36 Geo. TIL, c. 31. — This is a mosl inten 
 
 dally to those ladies who now take upon themselves 
 
 political duties. "Whereas it is expedient that the judge- 
 
 t which has been required by law to b and 
 
 awarded against any woman or women in the • high 
 
 treat petit treason should no longer be continued, 
 
 be it therefore enacted . . . that from the 1st of June 
 
 1796 . . . women convicted of the crime of high treason, 
 
 or of petit treason, or of abetting, proem lling
 
 IRISH STATUTES, 1310 — 1800. Ill 
 
 any petit treason shall not be that such women ... bo 
 drawn to the place of execution . . . and be burned to death, 
 but such . . . shall be . . . hanged by the neck until 
 she ... be dead, any law or usage to the contrary thereof 
 in anywise notwithstanding . . . women . . . convicted of 
 the crime of petit treason, or aiding . . . treason . . . 
 shall be subject ... to such pains and penalties as are 
 . . . declared with respect to persons convicted of wilful 
 murder, in an Act passed 31 year of the reign of his 
 present Majesty, entitled, An act- to prevent the horrid crime 
 of murder and to repeal an act jjassed in the tenth year of 
 King Henry the Seventh, entitled, An act for bringing an 
 appeal in case of murder, notwithstanding the statute of King 
 Henry the Seventh, whereby murder is made high treason . . . 
 women being so attainted . . . shall be subject and liable 
 to such and like forfeitures, and corruption of blood, as 
 they severally would have been in case they had been 
 severally attainted of the like crimes before the passing 
 of this act." 
 
 36 Geo. III., c. 32. — An Act to amend an Act passed in 
 the fifteenth and sixteenth years of his Majesty's reign, 
 entitled, An Act to prevent and punish tumultuous Risings 
 of persons within this kingdom, and for ether purposes 
 therein mentioned. 
 
 36 Geo. III., c. 42. — "Whereas tumultuous risings have 
 of late happened in this kingdom ... in order to prevent 
 the clandestine importation and secret keeping of arms . . . 
 be it enacted ... it shall not be lawful for any person 
 whomsoever, to import . . . cannon, mortars, or ordnance, 
 guns, pistols (all sorts of arms and munition given in 
 detail), without a licence ... it shall be lawful ... to land 
 such arms . . . for the personal defence . . . upon regis 
 tration and obtaining license . . . (for so doing) ship 
 . . . shall be forfeited to bis Majesty. . . . Owners forfeit
 
 112 [RISR RTATUTEB, 1310 1800. 
 
 . . master '"nil. . . ." Various penalties and 
 fines For those importing, making, using or concealing arm 
 follow in minute detail. 
 
 >. ///..c. I. " Whereas a traitorous and detestable 
 
 conspiracy has been formed for subverting il lasting lav 
 
 and constitution ; therefore, for the better preservation of 
 his majesty, . . . for securing the peace . . . the law, the 
 liberties of this kingdom, be it ena ted . . . that every 
 p rson or persons, thai is, arc, or shall be in prison within 
 the Gangdom of Ireland . . . for high treason, . . . trea 
 able practices, or by warrant . . . by Lord Lieutenant, or 
 chiel - iv . . . may be detained in safe custody 
 
 without bail or mainprise until the first of Augusl 1 7 ' • T 
 and the end of the nexl Session of parliami 
 
 ."'7 Geo. III., c. -. " Whereas further exertions are aov 
 become necessary for the defence of this Kingdom, and for 
 the preservation of the Uvea and properties of his Majestys 
 subjects therein \ be i1 enacted . . . thai if any . . . Loyal 
 subjects. . . enroll themselves in troops or companies . . . 
 during the present war, under officers having commissions 
 from his Majesty . . . duly authorized, . . . for the protection 
 of prop rty, and preservation of the peace . . . every serjeant 
 (and all so employed) shall receive . . . clothing, arms 
 . . . pay." If any officer keeps any man on the roll who doe 
 not subscribe to the oath of loyalty to his \ . thai 
 
 officer to be fined 6300." 
 
 37 Geo. III..C. li>. — An A.c1 to enable certain inhabitants 
 of Armagh . . . injured in person or goods . . . to recover 
 compensation by presentments. [This Ad is much on the 
 sami Lines as the present Act for compensation for 
 injuries. A. .M. K. ] 
 
 .".7 Qeo. /l/.,c. 17. — Is interesting, inasmuch as it con- 
 cerns the mea en by Governmenl for working the 
 Wicklow Gold .Mine-. These mines appear to be, then as
 
 HUSH STATUTES, 1310—1800. 113 
 
 now, more of a will-o'-the-wisp than an actual mine of 
 wealth. 
 
 37 Geo. III., c. 26. — This Act deals with the then common 
 theft by counterfeit Bank of Ireland notes, and is curious 
 because it clearly proves how very unprotected our early 
 bankers were. 
 
 37 Geo. III., c. 38. — " Recital of insurrection Act 36 
 Geo. III." .- " Within three days after any county . . . 
 proclaimed to be in a state of disturbance, or . . . in danger 
 of becoming so, . . . a petty sessions shall be held . . . tin' 
 justices of the peace . . . shall have power . . . to command 
 the inhabitants to keep within doors at all unseasonable 
 hours. . . . No prosecution, suit . . . shall be commenced, 
 or carried on against any justice ... or other person . . . 
 merely on the ground that (such notices are informal). 
 
 "And to obviate doubts touching the administration or 
 taking unlawful oaths, be it declared and enacted, that all 
 oaths or engagements whatsoever, importing to bind the 
 person taking . . . the same, to be of any association . . . 
 whatsoever are unlawful oaths . . . persons . . . for ad- 
 ministering or taking such oath . . . shall be ordered to 
 serve in his Majestys land forces ... or ... to be sent 
 as seamen." 
 
 37 Geo. Ill, c. 39. — " Whereas . . . the lives and 
 properties of many peaceful and faithful subjects have 
 been destroyed . . . and that ... to suppress . . . such 
 insurrections . . . officers and persons ... in order to 
 preserve public peace apprehended several . . . suspected 
 of aiding . . . insurrections . . . promoting riot and tumults 
 ... of harbouring evil designs. . . . They seized arms and 
 entered into houses . . . and done divers acts nob justifiable 
 by law, but which were for the public service . . . ought 
 to be indemnified. Be it therefore enacted all personal 
 actions . . . against the said . . . persons, for any matter 
 
 8
 
 I 1 I [KIBH 8TAT1 PI B, 1310 1800. 
 
 , . for 1 In .iii i \ ol the itate . . . hall I" 
 [f anj case La brought, persons sued noaj plead th< 
 genera] issue . . . may claim double costs. 
 
 The nezl Act -. sure th punishment of those who 
 
 tampered with, or endeavoured toseduoe, the ELing'i troop 
 they win i.. nuTer death without benefit of clergy. 
 
 :'.7 Geo. 111., r. 57.— This Act lengthened the time for 
 
 persons to take the oath of allegiance, and recover their 
 
 red estate ■. as ordered by the Act <>f the Becond 
 
 ■ it Queen Amu, to January 1m, L798. This A.ct 'H'l 
 
 iidt. however, reinstate those per on boa/nyoffio or appoint 
 
 meat already filled up by other persons, such <>Un r persons as 
 
 post rion to n in" in in possession, as it' this Ad 
 
 had never been ii.nl . 
 
 37 Geo. 111.. <■. 62.— "Most gracious Sovereign" . . . 
 "Whereas . . . t end Doctor William Hamilton, 
 
 rector of the parish of Clondevadouue . . . Kaphoe . . . 
 Donegal . . . was lately most cruelly m ssacred on account 
 of hie meritorious exertions as a magistrate," theOomo 
 of Ireland presented Earl Camden with a petition to the 
 
 I that provision he made for bis widow and children. 
 In answer to that address His Majesty "recommended" 
 tu grunt "an annuity of .£700 to be rested in trustees for 
 the maintenance of the' said widow . . . after her deo 
 to he divided among her children . . . for their respective 
 lives." [This, sum came out of the Consolidated Fund, and 
 was vested in Lord de Vesci and the Rev. Chamberlane 
 Walker for the use of the Hamiltons. — A. M. R.] 
 
 The next Act was similar, requesting the King to permit 
 allowance to be made for the widow and children of the 
 Rev. George Knipe, rector of < !astl< richard, County Meath, 
 •• lately most cruelly ma sai r< don account of his meritorious 
 exertion-, as a magistrate." Thri e hundred a year was 
 
 ii for their use, in trust to John -Maxwell, Newtown
 
 IRISH STATUTES, 1310 1800. 115 
 
 Barry,' in County Wexford, Thomas Knipe, Churchill, 
 County Meatb, and John Reed, of Dublin. 
 
 38 Geo. III., c. 7. — -This is a Press Act, to prevent 
 abuses arising from the publication of traitorous, seditious, 
 false and slanderous libels. Penalties of ,£500 on all con- 
 cerned in such publication, and press to be seized and 
 destroyed, and those disqualified from printing or publishing 
 henceforward. Grand juries of counties may "present" 
 any newspaper, for such publications " as a public nuisance," 
 and they be punished as above said. 
 
 38 Geo. III., c. 10. — Deals with money matters and 
 borrowings, to supply the needs of the country for the 
 ensuing year. =£1,500,000 borrowed from England, at 
 £6 7 s. Qd. per cent, interest ; this sum being required 
 to supplement the already impossible taxes on the country. 
 This budget shows the following sums, which throw great 
 light upon the amount of money spent upon " the army " 
 required to keep the peace of the country, the " supple- 
 menting " of Irish industry, and other Government pay- 
 ments previous to the Union : — For Laggan Navigation, 
 £832 ; for linen and hempen manufacture in Leinster, 
 Munsler, and Cormauyht, £2\,Q00; for building churches, 
 £5000 ; to Dublin Society for husbandry, £5500 ; for 
 cleaning and improving Dublin streets, £10,000; for 
 hospitals and schools, £44,140 (£10,302 5s. lOd. of this 
 was for Catholick College of Maynootb, " for the better 
 educating of persons professing the Popish or Roman 
 Catholick religion, to enable them to complete the building 
 of the Catholic Seminary of Maynooth and for other pur- 
 poses" ) ; for the Civil Service, £102,024 was required ; of 
 this £2500 went to apprehending criminals, £25,000 to 
 Solicitor employed in criminal cases ; for the army of 
 land force in Ireland, £3,400,590 was needed ; on French 
 ministers (conformist) at St. Patrick's, £150 ; at Cork, £100;
 
 I 16 Irish -i mi ii -. 1310 1 800. 
 
 Lisburn, Duudulk, and Ennoshannon, £60eaoh; Waiterford 
 ami Portarlington ch; while, in Dublin, a Qerman 
 
 minister was paid £50; the prison chaplain received 
 £20; the Elector of St. Paul's for attending the military, 
 18*. 2d. ; the Chaplain of Marchel ea also £52 L8*. 2&; 
 while the chaplain to garrison at Charlemont was paid 
 
 ;/. 
 
 . ///.,c 1 I.— ( 'ontinues the Coercion Act of last year, 
 ■'//.. o. 16. Etenews the Arm and Alien An. 
 ///.. c. 17. — Voluntary Contributions Act, for 
 the def< oce of t be counl ry. 
 
 Geo. II!.. <-. 19. — Another Act for protection oi 
 _• -1 in putting do* n Bedii ton. 
 38 Geo, III., <. 21. — Beinforces and strengthens previous 
 \ ;..i the suppression of insurrection. Places for trying 
 same may be changed. All found with arms required to 
 them up, and to be deemed disorderly, .• • 1 1 < 1 dealt with 
 accordingly. Any persons making or Belling arms or pikes 
 without < tovernment Licence to bet ransported Eor seven years. 
 38 Geo. III., c. 25. — An Act Eor the better execution of 
 the Law and preservation of the public peace. 
 
 ///.. a 37. — It' foreign troops are needed to be 
 brought in Eor defence of the counl ry, (hey are to be treated 
 in a similar manner as I i i ^ Majesty's regular aiury. 
 
 . ///.. c. 46. — English militia offer, to come over 
 and help to quell the insurrection, accepted. Regular or 
 militia officers of Ireland shall not sit in Court Martial on 
 I '.in ish M ilii la, or 
 
 ///.. c. 50. — Act for better collection of sums — 
 fines, gaol deliveries, etc., oi persons confined for "treason- 
 able pracl i 
 
 III., c. 5.3. — An Act for the King's most gracious 
 and free pardon, The Sing . . . being desirous to show 
 his royal inclination to mercy . . . considering that divers
 
 IRISH STATUTES, 1310—1800. 117 
 
 . . . have rendered themselves obnoxious to the laws, and 
 subject to the highest penalties, by . . . unnatural re- 
 bellion . . . from which they can in nowise be freed, but 
 by his Majesty's goodness . . . ; and that some of his 
 Majesty's subjects in suppressing . . . the said rebellion, 
 may have done divers acts, which could not be justified by 
 the strict terms of law . . . hath resolved ... to grant 
 his general and free pardon . . . not doubting, but thai 
 however it may be received by those who are obstinately 
 bent on the ruin of their country, it will raise a due sense 
 of gratitude in all who have been artfully misled into 
 treasonable practices . . . and preserve 'them and others, 
 from standing in need of the like mercy for the future, 
 when such clemency may not be so expedient for the public 
 welfare, as it would be agreeable to his Majesty's inclina- 
 tion : and hoping that all his subjects, by this act of grace 
 will be induced henceforth with more cheerfulness and 
 affection to apply themselves in discharge of their re- 
 spective duties to his Majesty, and to live in a loyal and 
 dutiful obedience to him. Therefore ... all and every 
 his Majesty's subjects ... of Ireland, their heirs, succes- 
 sors, executors, and administrators . . . shall be acquitted, 
 pardoned, released, and discharged ... of and from such 
 treasons, misprisions of treasons, felonies, seditions, and 
 unlawful meetings, treasonable and seditious words or libels 
 . . . riots, routs, offences, contempts, trespasses, pains of 
 death, pains corporal and pains pecuniary, and generally 
 of and from all such other things, causes, quarrels, suits 
 . . . made, done, committed ... in prosecuting . . . said 
 rebellion, or in suppressing . . . the same, before or until 
 August 22nd, 1798. . . . "His Majesty grants to all 
 subjects all goods forfeited by such treason not heren/h'r 
 excepted." Those excepted — "all poisons being in actual 
 custody January 1st, 1795 . . . .'ill manner of deliberate
 
 I 18 [RI8H i \ M n . 1310 I 300. 
 
 m ardors, potty treasons u i ■. • 1 wilful poisonings, as also, 
 and ill mam piracies (<> murdi r . . . done oom 
 
 I ctively, and all and every 
 
 nic offences . . . also except* d . , . 
 been enrolled or commissioned in troops 
 companies . . . pea aspiring . . . For invading 
 
 . . . or procuring invasion of this realm . . . also . . . 
 members of any committees . . . known by the name . . . 
 of Executive or National committees . . . <>!' united trish 
 men . . . also . . . all . . . who acted as generals, majors 
 or captains ... in any army . . . levied for the 
 tion of the sai<l most horrid and unnatural rebellion . . . 
 ... persons . . . who shall not deliver up arms, or 
 . . . such . . . as shall be attainted of high treason . . . 
 comi martial since 24 May L798, in . . . being con- 
 ed in the said unnatural rebellion. Also . . . all 
 ! out of this pardon, all o < c committed or d 
 1 ■: Nov. 17'.'7 against any Act for the punish- 
 menl <>1' mutiny and desertion." And also except (here 
 follow a list of thirty-one nanus of persons specially named, 
 three ol them being clergy one, the Rev. Arthur M'Mahon, 
 Holywood, County Down, priest; the others, Rev. James 
 \1'. v. County I 'own. and the Rev. James 
 J lull, formerly uear Bangor, in the same county). His 
 BE judgment, and may extend mercy on such 
 conditions as he shall think fn to persons excepted. 
 
 G •. TIL, cc. 58-60.— Loan of £1,500,000 from 
 
 ind. Respectively deal with details of confusions 
 
 1 by the rebellion, c. I to Legalise actions of 
 
 to rebellion, were unable to 
 
 mble on the days appointed by their charters. The 
 
 be deemed officers until new elections are made. 
 
 This Ad touches Elections of Provoel and Fellows of Trinity 
 
 ( 'oil ■
 
 IRISH STATUTES, 1310—1800. 119 
 
 38 Geo. III., c. 68. — A commission appointed to enquire 
 into losses, of sufferings in loyal subjects, during the sub- 
 sisting rebellion in this kingdom. 
 
 38 Geo. Ill, c. 72. — An Act for Sale of His Majesty's 
 Quit Rents, Crown and other Rents, and of lands forfeited in 
 1641 and 1688, and other lands remaining undisposed of. 
 This is a lengthy Act, full of details, and enacts that those 
 in possession of lands as " collectors " of the King's rent, 
 have just right to purchase, but not under sixteen years' 
 purchase. If they pay one-tenth of purchase money within 
 six months, the remainder may be paid in three quarterly 
 payments. In default of payment on one quarter day, so 
 much as was paid to be forfeited. After six months no 
 preference given to " collectors," or occupiers, but land to be 
 sold to the highest bidder not under sixteen years' purchase, 
 to be paid for as before mentioned. " The Bank of Ireland 
 may advance a million on credit of said rents at 5 per cent." 
 for the immediate use of His Majesty's Government. 
 
 38 Geo. III., c. 74. — Another Act for indemnifying 
 persons who suffered for the preservation of the public 
 peace by suppressing the insurrection. 
 
 38 Geo. III., c. 78. — Is an Act to prevent those trans- 
 ported, etc., on account of the present rebellion, from going 
 to countries at war with His Majesty. Having expressed 
 their contrition, they are pardoned, but may not at present 
 return to this country. A list is here given of those who 
 are in custody for high treason, and confess themselves 
 guilty of the same. Amongst them are two Popish priests 
 — one being the Rev. James Busho, the other, Rev. John 
 Barrett, both of Dublin — and Thomas Addis Emmett. If 
 any of these men return without permission, they are to 
 be transported for life. 
 
 38 Geo. Ill, c. 80. — An Act to compel persons who 
 have been engaged in rebellion to surrender williin ■>
 
 I"" llilsii BTAT1 rRS, 1810 1800. 
 
 limited time, or i I e they be attainted <>l high trca on, A 
 li-^i lit" names of those attainted is here given. Aunt 
 tin-. er Tandy and Wolfe Tone. They are all to be 
 
 "attainted of High Treason, unle - they surrender them 
 . . . on or before I 1 tec. 1 798. 
 
 i d A.i to licensi al] wh< hold 
 ai in^ : without bo hold arms. 
 
 |o //,.,. ///.. ,-. 18. Persons in prison For treasonable 
 practices to be detained in Bafe custody, without bail or 
 mainprize, until March 25th, 1801. Plans of safi keeping 
 may be changed by warrants. 
 
 \o <;,,,. ///..c 19.— " Whereas an Acl passed in England 
 in the eighth year of Rich. 2, entitled, "No man of law 
 shall be justice of assize or gaol delivery in his own 
 county," which Act is now of force in tins kingdom by the 
 ute law thereof . . . and it is expedient thai such 
 part of the said law shall not be of force in this kingdom, 
 . . . be it enacted . . . that so much of the Said Act shall 
 not be of force in this kingd >m. 
 
 tO Geo. II7.,c. 23.— "Whereas by several Acts of Parlia- 
 ment in force in this kingdom . . . tho burning of land by 
 any tenant without the :, -ii of his landlord has been 
 
 declared to be an offence . . . prohibited under a penalty 
 which is not sufficient to previ n1 the evil practice . . . 
 after the 25 March 1800 any person . . . burn the Soil or 
 surface of the earth, or cause or permit the soil . . . to 
 1>" burned, shall . . . forfeit the sum of ten pounds (ex- 
 clusive of the rent payable by such person) for every Irish 
 acre so to be burned. 
 
 Geo. I/I., c. 29. — "An Act to regulate the mode by 
 which Lords Spiritual and temporal and the Commons to 
 • in the United Kingdom on the Part of Ireland, shall 
 be snmmoned and returned to the said Pai Iiament." 
 Thursday, the 12 June 1800, Royal Assent given.
 
 TTtTKH STATUTES, 1310 — 1800. 121 
 
 " Whereas it is agreed by the 4th article of Union 4 lords 
 Spiritual, 28 lords temporal and 100 commoners are to sit 
 and vote on the part of Inland. Two for each County of 
 Ireland, two for the city of Dublin, two for the city of Cork, 
 one for the College of the Holy Trinity of Dublin, and one 
 each for the 31 most considerable cities, towns and boroughs. 
 Spiritual peers, one Archbishop and three bishops in each 
 Session by rotation. Armagh, Dublin, Cashel and Tuam," 
 and so by rotation of sessions for ever. Meath, Kildare, 
 Deny, were the three bishops for the first Session and so 
 on they are all named to follow in rotation, the lord bishop 
 of Clonfcrt and Kilmacduagh being the last named, " the 
 said rotation to be . . . subject to such variation as here- 
 inafter provided. The 28 temporal lords to be chosen by 
 all the temporal peers of Ireland, to sit until death or 
 forfeiture. Any person summoning for an election save 
 in the 32 counties and 3G named boroughs shall he punished 
 according to the Act 16 Rich. 2. On the clay following 
 royal assent for the Union, the Primate, the bishops of 
 Meath, Kildare and Derry shall be the representatives for 
 first Session. On the Same day at 12 oc. lords temporal 
 shall meet and elect 28 peers. That is to say the names 
 of the Peers shall be called over by the clerk of the crown 
 or deputy, and each peer . . . who has actually Sat in I lie 
 house of Lords of Ireland, and who . . . have taken the 
 oaths ... by law required, shall cleliever himself, or by 
 proxy, a list of twenty eight temporal peers ... to the 
 clerk, who shall then and there publickly read the lists . . . 
 and declare the 58 chosen by the majority of votes." If a 
 spiritul peer, being also a temporal peer, is chosen as a 
 temporal peer, he sits as such, and drops out of the ml a I ion 
 of bishops. The present members of the Parliament of 
 Great Britain and the members of the present Crish Parlia 
 men! Tor the counties shall form the firs! United Parliament.
 
 122 IRIBH BTATl PK8, 1310 I 800. 
 
 h regard bo Trinity < ' >llege, aud the borough - and cities 
 i ing t w.» membora), t bey, or any five of t hem, shall meel 
 the Glerk of the Orown in the House ol ': imm nna , Their 
 names BhaU all be written on separate piece of paper, 
 folded, and place. 1 in a glaaa or glasses, and the firs! drawn 
 iiiini- of members sitting for each of those places shall be 
 the member to serve for the said place in the firsl Parlia 
 men! of the United Kingdom. It one member withdraw 
 his name for one of th . the other be the member. 
 
 If both withdraw, and if the writ be issued for election in 
 their place, two shall be chosen accordingly, and then they 
 shall be drawn by lot. Other vacancies shall be filled 
 hereafter by resolution of the United Parliament. 
 
 ho. HI., c. Si. — By this Act. Lord Lieutenant ma\ 
 apoint five Commissioners • tain what allowances 
 
 should be paid to bodies corporate or individuals, in re | 
 
 . and boroughs, which shall • 
 
 return any member to s< rve in Parliament, from and after 
 the Union. Each Commissioner to have £1200 per annum, 
 and expenses. The uin to be 'paid for each disfranchised 
 place not to exceed 615,000. For the offices done away 
 with by the Union, those who now enjo}* them shall have 
 -alary for their lives, if on civil list ; if otherwise, allowances 
 to be made: the sum of 61,400,000 granted for this 
 purpose. Bums awarded to be paid as follows: by five 
 half-yearly in talmente of twenty per c&ntwn i ach on 
 the principal sums, with interest of 5 per cent., from 
 January 1st, 1801, until all be paid. 
 
 40 Geo. III., c. 38. — "An A.ct for the Union of Great 
 Britain and Ireland." " Article firat : . . . from 1st Janu 
 ary 1801 the 3aid Kh ball 'for ever be united 
 
 into one Kingdom.' Article second: thai the Succession 
 of the Crown continue as al present. Article third: one 
 parliament. Article fourth: (as to the representation as
 
 IRISH STATUTES, 1310 — 1800. 123 
 
 before arranged) Irish peers, who are not representative, 
 may sit as British Commoners. The first united parlia- 
 ment, so constituted, shall sit so long as the present 
 parliament of Great Britain may now by law continue to 
 sit, if not sooner dissolved. ' Provided always that until 
 an Act shall have passed in the United Kingdom, pro- 
 viding in what case persons holding offices or places of 
 profit under the Crown in Ireland, shall be incapable of 
 being members of the House of Commons, of the Parlia- 
 ment of the United Kingdom . . . the lords of Parliament 
 on the part of Ireland, in the House of Lords of the 
 United Kingdom, shall at all times have the same privi- 
 leges of parliament, which shall belong to the lords of 
 parliament on the part of Great Britain, and the lords 
 spiritual and temporal respectively on the part of Ireland 
 . . . the same rights ... as peers of Great Britain, the 
 spiritual lords of Ireland of the same rank and degree 
 of Great Britain, shall have rank and precedency next, and 
 immediately after the lords spiritual of the same rank and 
 degree of Great Britain, . . . and shall enjoy all privileges 
 as fully as the lords spiritual of Great Britain do now or 
 may hereafter enjoy the same . . . the right of sitting on 
 the trial of peers excepted. Article Jive : ' The churches of 
 England and Ireland, as now by law established, be united 
 into one Protestant episcopal church, to be called "the 
 United church of England and Ireland," the doctrine, 
 worship, discipline and government . . . shall remain in 
 full force forever, as the same are now by law established 
 in the church of England; and that the continuance and 
 preservation of the said United Church, as the Established 
 church of England and Ireland, shall be deemed and taken 
 to be the essential and fundamental part of the Union . . . 
 and be preserved as the same are now established by law 
 and by the acts for the Union of the two Kingdoms of
 
 124 rRI8H BTATUTR8, 1310 l v "". 
 
 land and Scotland.' Article sixth: 'Subjected * : i ■• .- 1 1 
 
 Britain and Ireland to 1 n the same footing from 
 
 1-t January 1801, as to encouragement of growth, pro- 
 duce or manufactures, trade and navigation. Nbduty on 
 produce of one country to the other. Excepted articles in 
 
 lule to pay duty for 20 yeai 3.' Article • <•■ n: ' < foa 
 for debts of either kingdom before Union shall be separately 
 defrayed. Por 20 years after the Union the proportion 
 
 rpenditure of the United Kingdoms be as 15 to 2. It' 
 the Tt-i-.li revenue in any year exceed the interest on debt, 
 sinking Fund and proportionall contribution, taxes to that 
 amount shall be reduot d, or ( he surplus applied by the united 
 parliamei l] [rish purposes. All monies raised after 
 
 Union shall be a joint debt. Parliament may declare ex- 
 emptions of special taxes in Scol land and [reland. Premiums 
 for agricultural, manufactures and pious purposes shall be 
 
 i by the united parliament to Ireland for twenty years, 
 in the same proportions as have been voted by the [rish 
 parliament for the last six years. Article eight'. All laws 
 in force at time of the Union, in civil and ecclesiastical 
 Courts, within the respective kingdoms, shall remain as 
 now by law established, subject to alterations from time to 
 tim<- mces may appear to the United Parlia- 
 
 liament to require." Tenth clause of this article permits 
 the King to continue "the Privy Council of Ireland," for 
 that part of the United Kingdom called Ireland, "so long 
 as he shall think fit." 
 
 40 Geo. III., c. 44. — "Whereas it is necessary more 
 effectually to prevent persons from returning to his 
 Majesty's dominions, who have been, or shall be trans- 
 ported, banished; or who, to avoid prosecution have 
 absented themselves on account of Rebellion, any found 
 a1 large after 1st August 1800, without license shall be 
 adjudged a felon, and shall on conviction, for the first
 
 IRISH STATUTES, 1310—1800. 125 
 
 ofi'ence, recieve such corporal punishment as the Court 
 shall award, and be transported for his or her natural 
 life. If such persons again return they shall suffer death 
 as a felon without benefit of clergy." 
 
 40 Geo. III., c. 49.— " Whereas 38 & 39 Geo. III. have 
 not dealt with all the ' loyal sufferers ' during the late 
 rebellion, and . . . there are many poor and pitiable 
 claimants, time to claim extended to three months after 
 passing of this act. ' In consequence of the rebellious 
 atrocities so generally perpetrated through a considerable 
 part of the County Galway, by the horrid practise of 
 houghing, maiming and mutilating sheep and black cattle, 
 burning houses, barns, ricks, losses in such case to be 
 compensated at the rate of 95 per cent, where the sum 
 certified exceeds =£100; =£90 where it exceeds =£200 and 
 so until =£500. If =£500 and not =£1000 at 75 p.c. From 
 one to three thousand at =£70 p.c. Three to five thousand 
 =£60 p.c, etc., etc. This Act also secured compensation to 
 loyal landlords who have suffered by disloyal tenants. 
 Two grants of =£1500 were made to enable the King 
 to provide for widows and orphans of those who suffered 
 in the rebellion, and also to reward those 'instrumental 
 in the preservation of the loyal inhabitants from massacre,' 
 or by the discovery of traitors." 
 
 40 Geo, III., c. 50. — " Whereas, after the Union the duties 
 of several officers ... of the two houses of parliament of 
 Ireland will cease . . . it is . . . just compensation be 
 made to such persons . . . for the loss of emolument . . . 
 There shall be paid ... in manner as herinafter men- 
 tioned . . . annuities and compensation severally for their 
 respective losses. In accordance with published Sch< dule 
 the House of Lords, beginning with the speaker, Lord 
 Clare, who recieved =£3978 36'. 4<L, and ending with Amlivu 
 Bowen the water porter, allotted XI Lis., over £13,000
 
 IIU8H JTAT1 rKS, 1810 1800. 
 
 divided amongst those of the Housed Lords, including 
 -. ushers, doorkeepers, housekeeper and housemaids. 
 
 In the Commons the same prooeeding was adopted. The 
 John Foster, Bpeaker, redeved £5086 8«, -l-/.. and bo 
 
 on all down to Mary Connor, house attendant £ 1 lis., 
 
 each one who personally suffered by 'the Loss of office a1 
 
 the Union' received compensation."
 
 APPENDIX. 
 
 GRATTAN'S VIEW OE IELSH PARLIAMENT. 
 
 1779. Grattan, when debating the address upon the open- 
 ing of Parliament, said : — " The distresses of this kingdom 
 are twofold — the beggary of the people, and the bankruptcy 
 of the State." . . . He asked indignantly — " Whether there 
 were not too many people in the kingdom 1 " [There were 
 then about three millions. — A. M. R.] " Was there one rich 
 merchant in the Kingdom ? " (This Parliament had to 
 borrow £1,660,000 from England at 6 per cent, to keep 
 the country going. — A. M. R.] 
 
 1790-1. After Grattan had obtained his Free Parlia- 
 ment, he asked — " What has our renewed Constitution 
 produced? . . . Any great or good measure? No. A 
 Police Bill — a Press Bill — a Riot Act — -a great incn 
 of pensions — fourteen new places for members of Parliament , 
 and a most notorious and corrupt sale of peerages. Where 
 will it end ? " 
 
 [Between 1791 and 1800 expenditure of Irish Govern- 
 ment increased year by year from Ik millions to 17 millions 
 per annum, while export and import duties were reduced 
 £1,500,000 per annum.— A. M. R.J 
 
 1790-1. "The projected administration . . . will make 
 the Minister completely absolute. Ji will procure a Legisla-
 
 128 Mil M'l\. 
 
 li.iw .ui\ mr.i in. .1 ooi ding a t be I >ivan ol 
 tin' Castle . . . _'iv.' word "t oommand. . . . Thai Oourl 
 will be Free From oontrol ; its first idea will be plunder. . . 
 
 administrations have proved such a Courl 
 
 political liigh lit*' below stairs. . . . This Court would Boon 
 hi of all moderate and rational individuals. 
 Already Buch men are disgusted. . . . they can't approve 
 of what they know your only principle of Qov< nment, the 
 omnipotence of corruption. . . . 1><> you Imagine that the 
 laws of this country can retain due authority under a system 
 such as yours ... a Bystem which not only poisons the 
 source of laws, but pollutes the seat of judgment I Fou 
 may say t hat justice between man and man \\ ill be faithfully 
 administered; . . . the laws in a free country will not retain 
 their authority unless the people are protected by them 
 e inst plunder and oppression; . . . the friends of thai 
 Administration maj talk plausibly on the subject of public 
 tranquillity j . . . they lition placed 
 
 ;,, authority. . . . Supposing the country willing to give up 
 her liberty, and willing to give away her money, yi will 
 surrender her money merely lor the purpose of enabling 
 such a set of Ministers to take away her liberty i " 
 
 ■ ■are Grattan's descriptive words of his own time. 
 How different from Mr. Gladstone's fancy sketch of the 
 
 and prosperity of that time ! — A. M. K.| 
 
 Though this pamphlet has 1 lelayed in publication, I have 
 
 ma had an opportunity of thoroughly revising my notes. — 
 A. M. EL 
 
 May IQth, L893.
 
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