SH PARLIAMENT: 
 
 ^i ^fhatit Was> and What it Did. 
 
 UY 
 
 L SWIFT MACNEILL, M.A. 
 
 SSELL k rn\r 
 
 lONLON, TjLBIS, /..L'„ . 
 
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 Ex Libris 
 C. K. OGDEN 
 
 
 THE LIBRARY 
 
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 LOS ANGELES
 
 BY THE SAME AUTHOR. 
 
 English Interference with 
 
 Irish Industries. By J. G. Swift 
 MacNeill, M.A. is. 
 
 Mr. Gladstone, in commending Mr. Swift MacNeill's 
 " Irish Parliament," wrote to the publishers : " I do not 
 know whether it would be open to the able author to exhibit 
 summarily the way in which material injuries were inflicted 
 upon Ireland through commercial or anti- commercial 
 arrangements." The above work is the outcome of the 
 Prime Minister's suggestion. 
 
 " Many of the extracts are exceedingly interesting as his- 
 torical studies of a great question." — Daily Chronicle. 
 
 " Mr. MacNeill has added another sketch of a ' sad chapter '
 
 of Irish history to his work on the Irish ParUaments. Within 
 brief compass he gives a graphic account of the measure taken 
 by the Enghsh Parliament to discourage, if not destroy, those 
 industries of Ireland that excited the envy and jealousy of 
 English traders." — The Nation^ Dublin. 
 
 " A work whose appearance is most opportune, and which 
 must be destined to a very large circulation, has just been issued 
 by Messrs. Cassell & Co. The subject of this work is English 
 Interference with Irish ' Industries,' and the author is Mr. J. G. 
 Swift MacNeill. The book is divided into seven chapters, each 
 one dealing in a comprehensive way with the points chosen for 
 treatment, and all combined presenting in compact form one of 
 the most important contributions yet made to the great and 
 absorbing subject with which it deals." — Belfast Morning News. 
 
 CASSELL & COMPANY, Limited, Ludgnte Hill, London.
 
 The Irish Parliament 
 
 WJiat it Was, and What it Did.
 
 THE 
 
 Irish Parliament 
 
 What it Was, and What it Did. 
 
 J. G. SWIFT MACNEILL, M.A., 
 
 CHRIST CHURCH, OXFORD; BARRISTER-AT-LAW, PROFESSOR OF CONSTITUTIONAL 
 
 AND CRIMINAL LAW IN THE HONOURAnLE SOCIETY OF 
 
 THE king's INNS, DUBLIN 
 
 THIRD EDITION. 
 
 CASSELL & COMPANY, Limited 
 
 LONDON, PARIS, NEW YORK & MELBOURNE. 
 
 iS86. 
 
 [all rights rkservf.d.]
 
 
 PREFACE. 
 
 There are many versions of the British Parhament : 
 it has had but one counterpart — that of Ireland. 
 The Legislatures of the Colonies and Dependencies 
 of Great Britain, where they are representative, have 
 each, it is true, been modelled on the legislature of 
 the mother country. They each, however, in outward 
 form and structure, consciously depart from their 
 original. Each colony has the Sovereign of Great 
 Britain for its head, while the more important ones 
 have a legislative Council or Senate analogous to the 
 British House of Lords, and a Legislative Assembly 
 analogous to the British House of Commons. In no 
 instance, however, are any of the Colonial Legislative 
 Councils framed on the hereditary principle. In 
 some cases their members are nominees of the Crown, 
 and hold office for life. In others, the Legislative 
 Councillors hold office for a term of years, and are 
 elected by electors having a property or educational 
 qualification. In no instance is there a trace of a 
 spiritual peerage. The Colonial Legislative Assem- 
 blies or Lower Houses are elected either by universal 
 suffrage, or by electors having certain property 
 
 1057623
 
 vi The Irish Parliament. 
 
 or educational qualifications. In no instance is 
 the franchise the same as the British Parliamentary 
 franchise. 
 
 Ireland, on the other hand, had, like England, 
 its hereditary House of Peers. In England and in 
 Ireland, the laws regulating the Parliamentary fran- 
 chise, were, before the Union, exactly the same. The 
 similarity of the Irish and English Constitutions was 
 thus described by Mr. Flood, in the Irish House of 
 Commons : — " Ireland had," he said, " a Parliamen- 
 tary constitution the same as that of England, with 
 an hereditary and ennobled branch of the legislature, 
 invested with final judicature, above three hundred 
 years before any colony in America had a name. 
 Those colonies have had popular assemblies, it is true, 
 but not parliaments consisting of king, lords, and 
 commons, with all the powers belonging to them." * 
 " From the earliest introduction,'^ ^says Mr. Butt, " of 
 the power of the English kings into Ireland, the Irish, 
 who submitted to the rule of those kings, had a right 
 to the same Parliamentary constitution as that which 
 England enjoyed." "The Irish Parliament had, like 
 the English Parliament, its hereditary House of Peers. 
 Its House of Commons was elected exactly like the 
 English House of Commons, by the freeholders of 
 the counties, and by cities and towns deriving their 
 right to return members from the charters of kings. 
 The freehold franchise was the same in both, and 
 the royal charters had exactly the same effect 
 
 * '■ Irish Debates," vol. i. p. 422.
 
 Preface. vii 
 
 and were construed and tried by the same rules 
 of law." * 
 
 But while the machinery of legislation was the 
 same, the development of the great principles which 
 lie at the root of the British constitution was in the 
 two countries widely different. Thus, for instance, 
 the struggle between the prerogative of the Crown and 
 the rights of the people culminated in England in 
 1688 in the expulsion of the Stuart dynasty. Ireland 
 was, however, governed for nearly a century after that 
 Revolution on the principles of the Stuarts. In 
 England the constitutional struggle was between the 
 monarch and the Parliament. In Ireland the contest 
 lay between the Irish Parliament and the English 
 Ministry. After the Revolution the English Ministry, 
 who saw themselves dependent on the English 
 Parliament, used the prerogatives wrested by that 
 Parliament from the Stuarts, in the attempt to destroy 
 the independence and enfeeble the powers of the 
 Irish Legislature. The aim of the Irish patriot 
 party in and out of Parliament was to extend to 
 Ireland the rights gained by England at the Revo- 
 lution, and thus to assimilate in spirit as well as in 
 form the Irish to the English Constitution. " You 
 struggled," said Grattan in the Irish House of Com- 
 mons, " for the British Constitution in opposition to 
 the claim of the British Parliament." f The aim of the 
 English Government was, on the contrar}', to make the 
 
 * " Proceedings of the Home Rule Conference, 1S73," pp. 6, 7. 
 t '• Irish Deb.ites," vol. xv. p. 5.
 
 viii The Irish Parliament. 
 
 Irish Constitution, in the words of Fox, speaking 
 in the English House of Commons, " a mirror in which 
 the abuses of the English Constitution are strongly- 
 reflected ; "* or, to use the words of Mr. Forbes, in the 
 Irish House of Commons, " a system which tended to 
 adopt all the defects of the British Constitution, and 
 rejected all its excellences and advantages." f "I 
 allow," said Grattan, "the British Constitution the best, 
 and I arraign this model as the worst because practi- 
 cally and essentially the opposite of that British 
 Constitution." % 
 
 The great differences between the Irish and 
 the British Constitutions did not escape the obser- 
 vation of Edmund Burke. Writing to Sir Hercules 
 Langrishe, a distinguished member of the Irish 
 House of Commons, he observes, "The Revo- 
 lution operated differently in England and Ireland in 
 many and essential particulars. Supposing the 
 principles to have been altogether the same in both 
 kingdoms, by the application of those principles to 
 very different objects, the whole spirit of the system 
 was changed, not to say reversed. In England it was 
 the struggle of the great body of the people for the 
 establishment of their liberties against the efforts of a 
 very small faction who would have oppressed them. 
 In Ireland it was the establishment of the power of 
 
 * "British House of Commons," March 23rcl, 1797. "Irish 
 Debates," vol. xvii. p. 218. Mr. Fox's speech is reijorted in full in 
 that volume of the "Irish Debates." 
 
 f " Irish Debates," vol. vii. p. 2io. 
 
 \ " Irish Debates," vol. xii. p. 6.
 
 Preface. • ix 
 
 a smaller number at the expense of the civil liberties 
 and properties of the far greater part, and at the 
 expense of the political liberties of the whole. It was, 
 to say the truth, not a revolution but a conquest, 
 which is not to say a great deal in its favour." * 
 
 Further on in the same letter the writer observes : 
 " The true Revolution to you — that which most in- 
 trinsically and substantially resembled the English 
 Revolution of 1688 — was the Irish Revolution of 
 1782." t "If gentlemen will consult our history," 
 said Mr. Forbes, in the Irish House of Commons, 
 " they will find there was not any settlement of the 
 Constitution of Ireland at that period (1688) ; the 
 security of our religion and property were the benefits 
 which the Protestants of this kingdom derived from 
 the Revolution, essential and important advantages, 
 which justly entitle the event to commemoration ; 
 but the endeavours of a certain description of men in 
 this House to obtain a participation in the benefits 
 of the Constitution of England at the Revolution, and 
 in those measures which grew out of that settlement, 
 have been constantly and successfully resisted by the 
 present British Minister." % 
 
 The various points of contrast between the Irish 
 and the British Constitutions were, as these quota- 
 tions have shown, very frequently alluded to by the 
 public men of the day, in both the British and the 
 
 * "Edmund Burke on Irish Affairs," edited by M. Aniuld, p. 239. 
 t " Edmund Burke on Irisli Affairs," edited by M. Arnold, pp. 234, 244. 
 X "Irish Debates," vol. xii. p. 193.
 
 X The Irish Parliament. 
 
 Irish Legislatures ; and a general view of the Irish 
 Constitution will, it is believed, be of interest at the 
 present time. It will be useful to the student, who 
 will see in the defects of the Irish system the measure 
 of the value of the British Constitution. The public 
 man, too, having regard to these defects, will, it is 
 hoped, avoid, in any future modification of the 
 relations between Great Britain and Ireland, the 
 dangers which proved fatal to a former Irish Consti- 
 tution. 
 
 In the following pages I will endeavour to sketch 
 in outline the constitution of the Irish House of 
 Lords (chapter i.) and of the Irish House of Com- 
 mons (chapter ii.) ; the relation of the Irish to the 
 English Crown (chapter iii.) ; the relation of the Irish 
 to the English Parliament (chapter iv.) ; the relation 
 of the Irish Parliament to the English and Irish Privy 
 Councils before 1782 (chapter v.) ; the relation of the 
 Irish Parliament to the English Privy Council after 
 1782 (chapter vi.) ; the Irish Administration, noticing 
 specially the " fugacious responsibility," which mainly 
 contributed to the destruction of the Irish Constitution 
 by a transaction, declared by Fox to be, "with all the 
 circumstances attending it, the most disgraceful that 
 ever happened to that country " * (chapter vii.) ; 
 while I will conclude with a statement of the leading 
 
 * " Hansard's Parliamentary Debates," vol. 6, pp. 127, 128, Feb. 3, 
 1806. Mr. Fox made this observation on a motion that a public 
 monument should be erected to the memory of Lord Cornwallis, who 
 died in India. The motion was opposed by Mr. O'Hara, on the ground 
 that the deceased nobleman had carried the Irish Union by corruption.
 
 Preface. xi 
 
 points of difference in the laws and practice of the 
 English and of the Irish Constitutions (chapter viii.). 
 
 In this inquiry I will, as far as possible, quote 
 the remarks of contemporary statesmen on the 
 workings of a Constitution with which they were 
 familiar. Such remarks arc always interesting; ad- 
 dressed to popular audiences they are not likely to 
 be misunderstood ; spoken in the presence of per- 
 sons well acquainted with the facts, and without fear 
 of contradiction, they are presumably correct.
 
 CONTENTS 
 
 CHAPTER I. PAGE 
 
 The Constitution of the Irish House of Lords . . 13 
 
 CHAPTER II. 
 The Constitution of the Irish House of Commons . 24 
 
 CHAPTER HI. 
 
 The Relation of the Crown of Ireland to the Crown 
 of England 31 
 
 CHAPTER IV. 
 The Relation of the Irish to the English Parliament 35 
 
 CHAPTER V. 
 
 The Relation of the Irish Parliament to the English 
 and Irish Privy Councils before 1782 . . .41 
 
 CHAPTER VI 
 
 The Relation of the Irish Parliament to the English 
 Privy Council after 17S2 53 
 
 CHAPTER VII. 
 The Irish Administration 60 
 
 CHAPTER VIII. 
 
 Points of Difference between the Laws and Practice 
 of the English and the Irish Constitutions . . 69
 
 The Irish Parliament. 
 
 CHAPTER I. 
 
 THE CONSTITUTION OF THE IRISH HOUSE OF 
 LORDS. 
 
 The Irish House of Lords consisted at the time of 
 
 the Union of 228 temporal and 22 spiritual peers. In 
 
 the reign of Elizabeth the total number of Irish 
 
 temporal peers was 32. In 168 1, at the close of the 
 
 last administration of the Duke of Ormond, their 
 
 number had increased to 119, making with the bishops 
 
 a total of 141 lords. In 1790 the number of Irish 
 
 peers, with the bishops, amounted to 200."^ During 
 
 Lord CornwalHs's Viceroyalty, 29 Irish peers were 
 
 created ; of these only 7 were unconnected with the 
 
 question of the Union.f Many of the Irish temporal 
 
 peers were Englishmen and Scotsmen, who had no 
 
 connection with Ireland either by property or family. 
 
 Some had never taken their seats in the House of 
 
 Lords, and, indeed, had never been in Ireland. When 
 
 Mr. Yelverton introduced the heads of a Bill for the 
 
 modification of Poynings' Law, the measure was 
 
 opposed, on the ground that it would diminish the 
 
 * Mountmorres's "Irish Parliament," vol. ii. pp. 215 — 220. 
 f A list of these creations is given in " The Cornwallis Corres- 
 pondence," vol. iii. p. 318.
 
 14 The Irish Parliament, 
 
 power of the Privy Council and increase the power 
 of the House of Lords. More confidence, it was 
 urged, should be placed in the Privy Council, 
 "who were all men firmly attached to the country, 
 than in the House of Lords, many of whom were 
 strangers, and had not a foot of estate in it ; 
 and yet could by proxy defeat the best-intended 
 acts of the Commons.""^ Mr. Grattan, too, bitterly 
 complained of the foreign element in the House of 
 Lords, and asked in the House of Commons whether 
 Roman Catholic Irishmen were to be excluded from 
 privileges to which strangers were admitted. " Look 
 to your Peerage," he said, " how many English and 
 Scots are daily made your law-givers. Have you 
 remonstrated against this periodical list, which the 
 breath of a British Minister qualifies to give law and 
 judgment in Ireland without any connection with this 
 country whatever ? "f 
 
 The foreign element in the House of Lords was, 
 with all its grievances, less objectionable than the 
 native accessions to the Irish peerage. It was the 
 system of the Government " by the sale of peerages to 
 raise a purse to purchase the representation, or rather, 
 the misrepresentation, of the people of Ireland." J 
 "Will any man say," says Flood, "that the Constitu- 
 tion is perfect, when he knows that the honour of the 
 
 * See Mr. Gamble's speech, " Irish Debates," vol. i. p. i68. 
 f " Irish Debates," vol. xvii. p. 78. 
 
 X See Fox's speech in the British House of Commons, Marcli 23, 
 1797, " Irish Debates," vol. xvii. p. 212.
 
 Sale of Peerages. 15 
 
 peerage may be obtained by any ruffian who possesses 
 borough interest?" * Grattan accuses the ministers of 
 the Crown of having " introduced a trade or commerce, 
 or rather brokerage of honours, and thus estabUshing 
 in the money arising from that sale a fund for cor- 
 rupting representation. "t " The sale of peerages," says 
 Curran, " is as notorious as the sale of cast-horses in 
 the castle-yard ; the publicity the same, the terms 
 not very different, the horses not warranted sound, the 
 other animals warranted rotten." J " The Minister," 
 says Mr. Grattan in another debate, " sells your 
 Lords and he buj^s your Commons." § "The Irish 
 Minister has taken money for seats in the peers under 
 contract that it should be applied to purchase seats in 
 the Commons." II "I have good reason to believe," 
 says George Ponsonby, "that peerages have been sold 
 for money, nay more, I have proof; give me a Com- 
 mittee, and if I do not establish my charge degrade 
 me, let me no more enjoy the character of an honest 
 man. I dare you to it, and I risk my reputation on 
 establishing the fact."*[[ Edmund Burke, in a second 
 letter to Sir Hercules Langrishe, speaks of the sale of 
 peerages as a matter of notoriety. "I like Parliamentary 
 reforms," he remarks, " as little as any man who has 
 boroughs to sell for money or for peerages in Ireland."** 
 The sale of peerages and the purchase with the pro- 
 
 * "Irish Debates," vol. ii. p. 230. § " Irish Debate?," vol. xi. p. 133. 
 
 f "Irish Deliates," vol. x. p.266. || "Irish Debates," vol. xi. p. 135. 
 
 1 "Irish Debates," vol. X. p. 290. ^ "Irish Debates," vol. xi. p. 143. 
 
 ** " Jkirke on Irish Affairs,'* p. 340.
 
 1 6 The Irish Parliament. 
 
 ceeds of seats in the House of Commons, had become 
 so usual, that when Lord FitzwilHam, the most popular 
 Lord-Lieutenant of Ireland, departed from the custom, 
 and ennobled Lord Chief Baron Yelverton, Mr. Egan 
 sarcastically inquired whether such conduct had led to 
 his recall. " Was he recalled because he (Lord 
 Fitzwilliam) disdained to sell peerages, to corrupt 
 the House of Commons, as one of his predecessors 
 had done,"^ and intended to send a character to the 
 Upper House (the Chief Baron), than whom, travel 
 east or west, none more deserving was to be found, as 
 a contrast and corrective to the spawn and reptility 
 that had crept into that august assembly."! " The 
 peerage," Mr. Lecky feels himself constrained to say 
 " which was the natural representative of the landed 
 classes, was systematically degraded, and the majority 
 of Irish titles are historically connected with memories 
 not of honour, but of shame." f 
 
 The alteration in the Constitution in 1782 gave, as 
 will be subsequently explained, increased power to 
 the Peerage. The advocates of popular rights under- 
 stated the case when they said that peerages were 
 sold, and members of the House of Commons pur- 
 chased with the money obtained by the sale. The 
 independence of the House of Lords was assailed by 
 direct ministerial corruption. " The peers," writes the 
 Duke of Rutland, then Lord Lieutenant of Ireland, in 
 
 * The Lord-Lieutenant here referred to is Lord Westmoreland. 
 
 t "Irish Debates," vol. xv. p. 148. 
 
 X "History of England in the 18th Century," vol. iv. p. 518.
 
 The Spiritual Peeks. 17 
 
 a "most secret" despatch, dated 19th April, 1784, 
 " under the new Constitution, have more power than 
 before. Greater attention, therefore, and more expen- 
 sive influence will be required, if we mean to direct 
 its progress in the right way." " A share in the lucra- 
 tive favours of Government must be set aside for the 
 purpose of gaining attachments in that House, as the 
 invention of mere external allurements will no longer 
 maintain the influence which they may for the mo- 
 ment acquire. It will be absolutely incumbent on 
 me to establish in the House of Lords the strongest 
 and most immediate connection with a certain 
 number of powerful members who may be at all 
 times looked to, and may be depended upon, for the 
 fidelity and firmness with which they will execute 
 their trust."* 
 
 The spiritual peers were the Bishops of the 
 Protestant Church. In Ireland, down to the middle 
 of the eighteenth century, the Bishops, by reason 
 of the number of absentee noblemen, commanded 
 half the working majority in the House of Lords.f 
 They were, however, entirely out of sympathy with 
 the people. The hierarchy of Ireland, save in 
 rare instances, were uniformly devoted to the 
 Government, and " were supported by the lay peers, 
 whom they moved as pawns on the chess- 
 board." X They were zealous in the passing 
 
 * Fronde's "English in Ireland," vol. ii. pp. 43S, 459. 
 
 t Lecky"s " England in the Eighteenth Century," vol. ii p 225. 
 
 JFroude's "English in Ireland," vol. i. p. 3S1. 
 
 B
 
 1 8 The Irish Parliament. 
 
 of the various penal statutes that disgrace the 
 ferocious reign of Queen Anne, and the still more 
 scandalous period of George I. On one measure 
 only do we find the Bishops opposing Government, 
 and then not as the friends, but as the enemies, of the 
 people. The G )vernment wished to mitigate, in the 
 case of the Presbyterians, the horrors of the Penal 
 Code. They accordingly strove to procure a repeal 
 of the Test Act, wdiich placed that loyal body under 
 such grievous disabilities. Again and again Bills for 
 the relief of Dissenters were strangled by the influence 
 of the Bishops in the House of Lords. The Bishops 
 were out of sympathy with the people for reasons 
 easily perceived. They were aliens alike in religion, 
 thought, feeling, and race. They were the nominees 
 of the British Ministry ; the Irish clergy had no voice 
 in their selection. " During the eighteenth century 
 every Primate of Ireland was an Englishman, as 
 were also ten out of the eighteen Archbishops of 
 Dublin and Cashel, and a large proportion of the 
 other Bishops."* In 1769, out of the twenty-two Irish 
 Bishops, fifteen were Englishmen. f In 1796 Mr. 
 Grattan computed that half the Irish Episcopate were 
 English. " Look," he said, " at your Bench of 
 Bishops ; one half, I believe, English." % A visitor to 
 the Universities of Oxford and Cambridge would be 
 easily led, by the number of portraits of Anglo- Irish 
 
 * Lecky's " England in the Eighteenth Century," vol. ii. p. 228. 
 I Lecky's "England in the Eighteenth Century," vol. iv p. 375, 
 role 2. 
 
 X " Irish Debates," vol. xvii. p. 78.
 
 The Bishops. 
 
 19 
 
 Bishops, "in artful folds of sacred lawn," which adorn 
 the college halls, to conclude that the special mission 
 of England during the eighteenth century was to 
 evangelise ungrateful Ireland. Swift's description of 
 the Irish Bishops of the middle of the eighteenth 
 century must, it is feared, dispel this agreeable 
 impression. He characterised them as highwaymen, 
 who murdered on Hounslow Heath tJic gentlemen 
 appointed to the Irish sees, stole their letters patent, 
 came to Dublin, and were consecrated in their 
 place. 
 
 At the close of the eighteenth century the epis- 
 copal character had not visibly improved. " The 
 Church of Ireland," says Curran in 1787, " has been 
 in the hands of strangers advanced to the mitre, not 
 for their virtues or their knowledge, but quartered 
 upon this country through their own servility or the 
 caprice of their benefactors, inclined naturally to 
 oppress us, to hate us, to defame us."'^ Commenting 
 on the systematic exclusion of Irish Churchmen from 
 the Bench, and more especially the disregard of the 
 claims of Dean Kirwan, the most celebrated pulpit 
 orator of the day, Grattan draws a full-length portrait 
 of the Anglo- Irish Bishop of his period. " Had he 
 (Dean Kirwan) been a blockhead, bred a slave, 
 and trained up in a great English family, and 
 handed over as a household circumstance to the 
 Irish Viceroy, he would have been an Irish Bishop 
 and an Irish Peer with a great patronage, perhaps 
 
 * "Irish Debates," vol. vii. p 193.
 
 20 The Irish Parliament. 
 
 a borough, and have returned members to vote 
 against Ireland." * 
 
 * "Irish Deljates," vol. xii. p. 17, These observations, it should 
 be remembered, are applied exclusively to the English ecclesiastics 
 billeted on the Irish Church. The persons who speak most 
 severely of the Anglo-Irish Bishops are loudest in their praises 
 of the faithful, suffering, and laborious Irish clergy. Curran, in 
 the next sentence after the one I have quoted, thus speaks: "The 
 real duties of religion have been performed by our own native 
 clergy, who, with all the feelings of gentlemen and scholars, have been 
 obliged to do the drudgery of their profession for forty, or at most, fifty 
 pounds a year, without the means of being liberal from their poverty, 
 without hope of advancing themselves by their learning or their virtues 
 in a country where preferment was notoriously not to be obtained by 
 either." Grattan's celebrated panegyric on Dean Kirwan is well 
 known. It occurs immediately before his description of the Anglo- 
 Irish prelates, " What is the case of Dr. Kirwan ? That man preferred 
 this country and our religion, and brought to both a genius superior 
 to what he found in either. He called forth the latent virtues of the 
 human heart, and taught men to discover in themselves a mine of 
 charity of which the proprietors had been unconscious. In feeding the 
 lamp of charity he had almost exhausted the lamp of life. He comes 
 to interrupt the repose of the pulpit, and shakes one world with the 
 thunder of the other. The preacher's desk becomes a throne of light : 
 around him a train not such as crouch and swagger at the levees of 
 princes (horse, foot, and dragoons), but that wherewith a great genius 
 peoples his own state — charity in action and will in humiliation, — 
 vanity, arrogance, and pride appalled by the rebuke of the preacher, 
 and cheated for a moment of their native improbity. What reward ? 
 St. Nicholas Within or St. Nicholas Without. The curse of Swift is 
 upon him — to have been born an Irishman — to have possessed a genius, 
 to have used his talents for the good of his countiy." Mr. Lecky ob- 
 serves that " the Catholics and Presbyterians in Ireland, though they 
 had many grievances, had at least one inestimable advantage. The 
 English Government had no control over the appomtment of their 
 clergy." A remarkable article of recent date, attributed to the pen of 
 the Rev. Canon Travers Smith, ascribes to the English Government 
 the "attempted spiritual murder of the Irish Church." (See Church 
 Quarterly Review, January, 1885). The English interest was in truth 
 to the Irisli Church what the rotten boroughs were to the Irish Par- 
 liament, a constant source of weakness, outrage, and disgrace.
 
 Protest by Proxy. 21 
 
 Such being the constitution of the Irish House of 
 Lords, some matters of procedure in which it differed 
 from the EngHsh House of Peers are noteworthy. 
 The members of both the EngHsh and Irish Upper 
 Houses had the privilege of voting by proxy. In 
 England, however, no peer who was not present was 
 empowered to enter a protest on the Journals of the 
 House. In Ireland peers could not only vote but 
 protest by proxy. 
 
 In Strafford's Parliament, in 1634, the lords who 
 had proxies were severally introduced, personating 
 those whose proxies they had, and taking their seats 
 according to their relative precedency. " This," says 
 Lord Mountmorres, " is particularly mentioned be- 
 cause the right of protesting by proxy, which is a 
 custom peculiar to the House of Lords of Ireland, 
 seems to depend upon this circumstance, for as they 
 personated those lords, so it seemed to follow that 
 they should act in every respect for their proxies as if 
 they were present, and, among other privileges, had a 
 right to protest.^ 
 
 A very interesting controversy arose a few years 
 ago between the late Earl Cairns, when Lord Chan- 
 cellor of England, and the Duke of St. Albans, as to 
 whether the Lord Chancellor of England is ex officio 
 
 * " Mountmorres's " Irish Parliament," vol. i. pp. 321, 322. In 1865 
 Mr. Bagehot wrote, with respect to the House of Lords, " The aboli- 
 tion of proxies would have made the House of Lords a real house." 
 " English Conslitulion," p. 125. In 1868 proxies were abolished by 
 resolution.
 
 22 The Irish Parliament. 
 
 Speaker of the House of Lords.* In Ireland the 
 offices of Lord Chancellor and Speaker of the House 
 of Lords, though in practice generally united, were 
 regarded in theory as distinct. Thus, in the first 
 session of Parliament after the Restoration the 
 Primate, Archbishop Bramhall, and not the Lord 
 Chancellor, was Speaker of the House of Lords. f 
 The theoretical severance of the offices is brought pro- 
 minently before us by the Duke of Rutland, as 
 Viceroy, so late as 1784, wishing to create a Speaker- 
 ship of the House of Lords, with a salary attached, 
 distinct from the Chancellorship.! 
 
 Speaking of the English House of Lords, Lord 
 Brougham says, that, according to the theory of the 
 Constitution, " Every English peer on attaining twenty- 
 one years, has as much voice on all the great ques- 
 tions which come before the House of Lords, as an 
 ultimate court of appeal, as the Lord High Chan- 
 cellor himself." Such is the theory of the Constitu- 
 tion, though in practice all is quite different. " The 
 usage," he proceeds to observe, " is, and for a century 
 has been, followed, with a single exception, for all 
 but the law lords to abstain from taking any part, 
 either on questions of appeal from Courts of Equity, 
 or writs of error from Courts of Law, or in cases 
 of peerage claims, which are regarded as questions of 
 
 * The correspondence and speeches are summarised by Professor 
 Sheldon Amos: " Fifty Years of the English Constitution," pp. loi, 102. 
 f Mountmorres' " Irish Parliament," vol. i. p. 414. 
 X Froude's "English in Ireland," vol. ii. p. 440.
 
 Appellate Jurisdiction of the Lords. 23 
 
 private right."* His Lordship then enumerates some 
 of the difficulties caused by the paucity of law lords 
 in the Upper House, and the contrivances which 
 their absence in his own time rendered necessary.f 
 In Ireland the theory of the Constitution and the 
 practice were the same. This was forcibly illus- 
 trated after the repeal of the English statute 
 of 6 Geo. I., which affected to deprive the 
 Irish House of Lords of their appellate juris- 
 diction, and to reduce them, in the words of 
 Mr. Grattan, "to a fashionable insignificance." J 
 Viscount Strangford, Dean of Down, was, in 1784, 
 by a special statute, deprived from sitting in Par- 
 liament or making any proxy therein, and also 
 from sitting and voting on the trial of any peer. The 
 offence of this nobleman was that he acted criminally 
 and corruptly in writing, during the pendency of an 
 appeal in the House of Lords, to the father of one of 
 the litigants, asking for ;^200, "to enable him, by 
 daily appearance, to express his gratitude by doing 
 justice when he flattered himself to see success 
 crown the undertaking." § 
 
 * Brougham's " British Constitution," p. 359. 
 f Brougham's "British Constitution," pp. 359 — 363. 
 X "Irish Debates," vol. i. p. 335. 
 
 § " 23 and 24 Geo. III. c. 59. The letter is given in full in the 
 preamble of the statute.
 
 24 
 
 CHAPTER II. 
 
 THE CONSTITUTION OF THE IRISH HOUSE OF 
 COMMONS. 
 
 The House of Commons for nearly a century pre- 
 vious to the Union consisted of three hundred 
 members. Addressing that assembly on the question 
 of Reform in 1793, Mr. Grattan thus described in 
 its very presence its history and constitution. 
 
 " I will advert to the state of your representation ; 
 it is short. Of three hundred members above two 
 hundred are returned by individuals, from forty to 
 fifty are returned by ten persons; several of your 
 boroughs have no resident elector at all ; some of 
 them have but one; and, on the whole, two-thirds of 
 the representatives in the House of Commons are re- 
 turned by less than one hundred persons." "In 161 3 
 the members returned to Parliament were two hun- 
 dred and thirty-two, since which time sixty-eight 
 members have been added, all by the House of 
 Stuart, one by Anne, four by James II., most of 
 the remainder by Charles I. with a view to religious 
 distinctions, and by Charles II. with a view to per- 
 sonal favour." " The form of your Constitution was 
 twelve counties, established in the reign of King John. 
 Henry VI 1 1, added one, Mary two, and EHzabeth 
 seventeen, since which time your counties received
 
 Close Boroughs. 25 
 
 no addition whatever, though between the year 
 161 3 and the present the borough interest has re- 
 ceived an addition of sixty-eight members, which 
 is more than double the whole county representation. 
 " The great division on this subject is cities or 
 boroughs, where the grant was to burgesses and 
 freemen indefinite, or to a limited number of bur- 
 gesses, seldom exceeding twelve, in whom the right 
 of election was confined. The former are boroughs 
 intended to be free ; the latter intended to be other- 
 wise. The number of the former I apprehend to 
 be above forty, and when they have become what 
 we understand to be intended by the word ' close 
 boroughs ' they have departed from the intention of 
 the grant, and ought, pursuant to the meaning of 
 that grant, to be opened. The other class, which I 
 apprehend to be above forty, are in their origin 
 vicious, and it is a monopoly like any of the other 
 monopolies of James I. — a grant in its nature 
 criminal.'^- Most of the forty boroughs created by 
 James I. were so. It appears from the grants them- 
 selves that they were intended to be private property. 
 They were granted as a personal reward for doing 
 some specified transaction." " Thus, there are these 
 two descriptions of boroughs : the one intended 
 * Referring to the enfranchisement of close boroughs, Mr. Grattan 
 in 1797 thus expressed himself in the House of Commons: "Thus 
 by far the greater number of your boroughs, and near one half 
 your representation, is not your ancient Constitution, but a gross and 
 llagrant encroachment, and a violent usurpation of the worst family 
 that ever trampled on the independency and fabric of representation." — 
 "Irish Debates," vol. xvii. p. 563.
 
 26 The Irish Parliament. 
 
 to be free, by the grant and rendered close by the 
 proprietor, the other intended to be close by the 
 grant and rendered vicious by the principles of 
 the law. 
 
 " As to the public welfare, I acknowledge many 
 beneficial acts, wholesome regulations, and one great 
 revolution ; but may I be suffered to think that 
 the redemption of this country had been more 
 speedily established, the good of this country more 
 uniformly pursued, and with less intervals of incon- 
 sistency, if Parliament had been constituted more 
 according to the principle of the Constitution ? As it 
 is constituted, to me its ordinary operation appears 
 defective, its raptures successful, and its relapses dis- 
 graceful/' 
 
 " I have heard," said Mr. Grattan in the same 
 debate, " that seats in this House forty years ago 
 were obtained for £600. I have heard they now cost 
 
 ;^3,000."* 
 
 On the same occasion Hely Hutchinson, the 
 Provost of Trinity College, entered into an analysis of 
 the representation of the people in the House of 
 Commons. He contrasted the exercise of the preroga- 
 tive in the enfranchisement of boroughs in Ireland 
 with its practical abeyance in England since 1676. 
 He said that in former times he had extracted from 
 all the borough charters their material contents, and 
 stated, as the result of his researches, that " one half of 
 the representation of Ireland had arisen from the 
 
 * " Irish Debates," vol. xiii. pp. i6o — 163.
 
 Bogus Representation. 27 
 
 exertions of the prerogative, influenced by occasional 
 motives, disputes amongst religionists, and induce- 
 ments of personal favour." "^ 
 
 "The mandate of a borough monger," said Curran, 
 " can return any man, however contemptible, however 
 obnoxious, into this House." f 
 
 " Are there not many among us," said Mr. Thomas 
 Sheridan, " who could not find the way to the place 
 they represent, who never saw a constituent, who 
 were never in a borough, who at times cannot re- 
 collect the name of it ? He said he did not much 
 relish or deal in anecdotes on serious subjects, but 
 there was one which was true and very apposite. By 
 a courtesy of the House of Commons in England 
 members of the Irish Parliament are admitted to hear 
 the debates. A friend of his, then a member, wishing 
 to avail himself of the privilege, desired admittance. 
 The door-keeper desired to know what place he 
 represented. ' What place .'' Why, I am an Irish 
 member.' * Oh, dear, sir, we are obliged to be ex- 
 tremely cautious, for a few days ago Barrington, the 
 pickpocket, passed as an Irish member.' ' Why, then, 
 upon my soul, I forget the borough I represent ; but 
 if you get me Watson's Almanack I will show it to 
 you.' " X 
 
 *" Irish Debates," vol. xiii. pp. 167, 16S. In this speech Mr, 
 Hutchinson related the well-known story that when a remonstrance 
 was made to James I. on the impropriety of creating 40 Irish boroughs 
 at a stroke, he replied, "I have made 40 boroughs ; suppose I had 
 made 400— the more the merrier ! " 
 
 t "Irish Debates," vol. vii. p. 27. 
 
 X "Irish Debates," vol. xiii. p. 59.
 
 28 The Irish Parliament. 
 
 " What shall we say," says Sir Laurence Parsons, 
 " that we have been doing when we go back to our 
 representatives ? I ask pardon — I forgot. A majority 
 of this House never go back to their representatives. 
 They do not know them ; they do not live among 
 them ; many of them never saw them — no, nor even 
 the places that they represent. What a mockery is 
 this of representation ! " ^ 
 
 These statements, made in the House of Commons, 
 were not exaggerated. At the time of the Union 
 compensation was given to the patrons of eighty-four 
 boroughs which were disfranchised, and which were 
 considered in the light of private property, the owners 
 receiving ;^ 7,500 for each seat.f 
 
 The differences between the English and the Irish 
 House of Commons will be incidentally considered in 
 the account which I propose to give of the laws of the 
 Irish Constitution. The charge of corruption has 
 been frequently brought against the Irish House of 
 Commons. This charge could, with perhaps equal 
 propriety, be levelled at the English House of Com- 
 mons of the same period. The members of the Irish 
 Legislature were, however, exposed to far greater 
 temptations. " In England," said Mr. Flood, who 
 was a member of both the English and the Irish 
 House of Commons, " the Legislature has only to 
 contend with the native power of Government, but 
 
 * " Irish Debates," vol. xiv. p. 103. 
 
 f See list of boroughs and sums paid to owners. " Cornwallis 
 Correspondence," vol, iii. pp. 321 — 324.
 
 Placemen and Pensioners. 29 
 
 we have here to contend against the mass of another 
 great executive power." * It must be remembered 
 too, as will be afterwards shown, that placemen and 
 pensioners were not excluded from the Irish Parlia- 
 ment. No Place Bill was passed till 1793, and by its 
 provisions members holding offices created since the 
 date of its enactment were alone excluded. Nor was 
 there till that year any appropriation of supplies. 
 Pension and Place Bills, though frequently proposed, 
 were strenuously resisted by the Government of the 
 day for the purpose of corruption. " The number of 
 placemen and pensioners sitting in this House," said 
 Grattan in 1790, "equal near one-half of the whole 
 efficient body." f "I rise," said Curran, in the same 
 debate, " in an assembly of three hundred persons, 
 one hundred of whom have places and pensions."^ 
 
 From the very constitution of the Irish Parliament 
 corruption was inevitable. " The Irish Parliament," 
 says Mr. Lecky, " was in truth a body governed very 
 constantly by corrupt motives, though probably not 
 more so than the English Parliament in the time of 
 Walpole." § One of the most eloquent members of 
 the Irish House of Commons traced, in the following 
 words, the source of the corruption over which he 
 mourned : "The gentlemen of this country," said Sir 
 Laurence Parsons, from his place in Parliament in 
 1794, "if not poisoned by example and temptation, 
 
 * "Iri.^h Debates," vol. v. p. 15 1. 
 
 f "Irish Debates," vol. x. p. 60. 
 
 X "Irish Debates," vol. x. p. 109. 
 
 § " Rise and Influence of Rationalism in Europe," vol. ii. p. 123.
 
 30 The Irish Parliament. 
 
 would be as virtuous as any on earth. It is their 
 nature to be so. They are not born an avaricious, 
 griping, plundering gentry ; but the very reverse — 
 noble, generous, and independent. It is only the 
 most vile Government that makes any of them other- 
 wise. It is the despicable panders of an external 
 administration ; who come over here and blow upon 
 their characters, and tamper with them and taint 
 them ; and then, when they go back to England, 
 stigmatise them for the very taint which they them- 
 selves had given, until they have made the name 
 of the Irish Parliament almost a synonym for cor- 
 ruption."^ 
 
 * " Irish Debates," vol. xiv. pp. loi, 102. For some account of 
 Parliamentary corruption in England, see May's " Constitutional 
 History," vol. i. pp. 361 — 387; Hallam's "Constitutional History," 
 vol. iii. pp. 263 — 267.
 
 31 
 
 CHAPTER III. 
 
 THE RELATION OF THE CROWN OF IRELAND TO 
 THE CROWN OF ENGLAND. 
 
 Having described the constitution of the Irish Houses 
 of Parliament, the Crown of Irehuid next demands our 
 notice. 
 
 The various relations between England and Ire- 
 land have been, with one exception, matters of con- 
 troversy. The nature of the connection of the English 
 and Irish Crowns has never been disputed. "It has 
 ever been acknowledged," says Molyneux, " that the 
 kingdom of Ireland is inseparably annexed to the 
 Imperial Crown of England." '"' By the provisions of a 
 statute passed in the 33rd year of Henry VIII.'s 
 reign, the king of England is ipso facto king of Ire- 
 land.f The various statutes altering the succession 
 of the Crown in England at and after the Re- 
 volution were not re-enacted in Ireland. When the 
 English Parliament disposed of the English Crown 
 they disposed likewise of the Irish Crown, The 
 Irish Parliament, by the Act of Recognition, prac- 
 tically acknowledged England's right in this respect.J 
 
 * " Case of Ireland," p. 86. 
 
 f By this statute Ireland is converted from a " lordship " into a 
 " kingdom." The kings of England, who were previously " lords" of 
 Ireland, are henceforth " kings " of the Kingdom of Ireland, " as united 
 and knit to the Crown of England." — t,}^ Hen. VIII., Ir. c. I, 
 X 4 Wm. and Mary, Ir. c. i.
 
 32 The Irish Parliament. 
 
 That "the Crown of Ireland is an Imperial Crown 
 inseparably annexed to the Crown of Great Britain " 
 forms one of the propositions in Mr. Grattan's cele- 
 brated address to the Crown of the i6th April, 1782* 
 
 " The Crowns of both nations," says Mr. Flood, 
 " are united by a strong bond, for by a law of our 
 own it is declared that whoever wears the Imperial 
 Crown of England shall also wear the Imperial 
 Crown of Ircland."t " The Crown of Ireland and the 
 Crown of England are inseparably and indissolubly 
 connected," says Fitzgibbon.;]: " The principle of law 
 is," says Mr. O'Connell in 1843, "that whoever is king 
 de facto in England is king dejure in Ireland." § Mr. 
 Butt says that " O'Connell's language, though strong, 
 was scarcely exaggerated," and that "this much at least 
 is unquestionable, that, if by any legitimate authority, 
 a right was acquired to the Crown of England, the 
 person who became king of England was de jure 
 sovereign of Ireland. "|| 
 
 Now although, as Mr. Grattan observed, " the 
 Irish Crown is annexed to, but not merged in, 
 the Crown of England,"^ this annexation entailed 
 certain serious consequences which were keenly felt 
 by Irish statesmen before the Union. 
 
 " The king is," in the words of Mr. Warren, " the 
 
 * " Irish Debates," vol. i. p. 337. 
 f "Irish Debates," vol. i. p. 452. 
 X " Irish Debates," vol. ix. p. 48. 
 
 § " Report of Discussion in Dublin Corporation on Repeal of 
 Union," p. 67. 
 
 II " Troceedings of Home Rule Conference," 1S73, p. 8. 
 II "Irish I'ebates," vol. xi. p. 391.
 
 The English and Irish Crowns. 33 
 
 visible representative of the majesty of the State," 
 "The king," says Edmund Burke, "represents the 
 whole contracting capacity of the nation ; he acts as 
 the national procurator."* He is the representative 
 of the community as to sovereign States ; has the sole 
 prerogative of making peace and war, of concluding 
 treaties, of acquiring dominions and colonies, of com- 
 manding the army and navy. The king of England, 
 however, exercised these great prerogatives as the 
 wearer not of the Irish but of the English Crown, and 
 under the advice not of an Irish but of an English 
 Cabinet. Ireland was, in the words of Wolfe Tone, 
 describing her condition in 1791, " without pride, or 
 power, or name ; without ambassadors, army, or navy," 
 " In giving Great Britain the nomination of her 
 monarch," says Mr, Flood, " Ireland gives her in 
 effect the power of treating for her with all the world, 
 and of declaring peace and war for her with all 
 mankind. What follows : that Ireland can have no 
 enemies but those who are made so by Britain. "f 
 
 " What name have we," says Sir Laurence Parsons, 
 "among the nations of the earth? Who fears us? 
 Who respects us ? What notice have foreign States 
 of us .'' Where are our negotiators } Where are out 
 ambassadors } What treaties do we enter into .-' 
 What alliances do we form .-' With what nations do 
 we make peace or declare war ? Are we not a mere 
 cypher in all these.''" "We are an independent 
 
 * " IJurke on Irish Affairs," p. 57- 
 t " Irish Debates," vol. v. p. 399
 
 34 1 tii^ Irish Parliament. 
 
 kingdom, true. We have an Imperial Crown distinct 
 from England, true. But it is a metaphysical distinc- 
 tion — a mere sport for speculative men ; nothing in act 
 or efficiency. Who governs us .'' English ministers, 
 or rather the deputies of English ministers — mere 
 subalterns in office, who never dare to. aspire to the 
 dignity of any great sentiment of their own." "^ 
 
 * "Irish Debates," vol. x. p. 2.\\.
 
 35 
 
 CHAPTER IW 
 
 THE RELATION OF THE IRISH TO THE ENGLISH 
 PARLIAMENT. 
 
 The claim of the English Parliament to legislate for 
 Ireland was hotly contested, and formed the basis of 
 the great constitutional struggle which terminated in 
 1782. As this claim was absolutely renounced by 
 England in 1783 it will not be necessary to enter 
 minutely into the question. The English contention 
 was that the dependence of the Irish Parliament on 
 the English Parliament followed as a corollary from 
 the dependence of the Irish on the English Crown. 
 The 6 Geo. I., cap. 5 (English) enacts " That the 
 kingdom of Ireland has been, is, and of right ought 
 to be subordinate unto and dependent upon the 
 imperial crown of Great Britain as being inseparably 
 united and annexed thereunto, and that the King's 
 Majesty, by and with the advice and consent of the 
 Lords Spiritual and Temporal and Commons of Great 
 Britain in Parliament assembled, had, hath, and of 
 right ought to have full power and authority' to make 
 laws and statutes of sufficient force and validity to 
 bind the people and kingdom of Ireland. It v/as fur- 
 ther enacted that the House of Lords of Ireland have 
 not, nor of right ought to have, any jurisdiction to 
 judge of, affirm, or remove any judgment, sentence,
 
 2,6 The Irish Parliament. 
 
 or decree given or made in any Court within the said 
 kingdom, and that all proceedings before the said 
 House of Lords upon any such judgment, sentence, 
 or decree are utterly null and void." Blackstone, 
 too, in his Commentaries, lays it down as incontro- 
 vertible that Acts of the English Parliament extended 
 into Ireland if it were specially named or included 
 under such general words as " within any of the 
 king's dominions." * 
 
 The Irish Parliament, while admitting the 
 dependence of the Irish on the English Crown, 
 repelled .without qualification the theory of the 
 subordination of the Irish to the English legis- 
 lature. The address to the Crown moved in the 
 House of Commons by Grattan on the i6th April, 
 1782, may be regarded as an authoritative declara- 
 tion of Irelaiid's constitutional position, " To assure 
 his Majesty that his subjects of Ireland are a free 
 people, that the Crown of Ireland is an imperial 
 Crown inseparably annexed to the Crown of Great 
 Britain, on which connection the interests and happi- 
 ness of both nations essentially depend ; but that the 
 kingdom of Ireland is a distinct kingdom with a Par- 
 liament of her own, the sole legislature thereof ; that 
 there is no body of men competent to make laws to 
 bind this nation except the King, Lords and Com- 
 mons of Ireland, nor any other Parliament which 
 
 * "Commentaries," Introduclion, sect. 4. Blackstone was offered, 
 but declined the post of Chief Justice of the Com'iion Pleas in Ireland. 
 Foss, " English Judges," p. 9S.
 
 Free or Dependent? 
 
 17 
 
 hath any authority or power of any sort whatever in 
 this country save only the ParHament of Ireland ;'^ 
 " To assure his Majesty that we have seen with con- 
 cern certain claims advanced by the Parliament of 
 Great Britain in an Act entitled an Act for the better 
 securing the dependency of Ireland ; an Act con- 
 taining matter entirely irreconcilable to the funda- 
 mental rights of this nation. That we consider this 
 Act and the claims it advances to be the great and 
 principal cause of the discontents and jealousies in 
 this Kingdom."* 
 
 Lord Chief Justice Whiteside, commenting on the 
 Act of 6 Geo. I., coincides with the opinions advanced 
 in Grattan's address. " This statute was," he writes, 
 " a complete assertion of authority over the legislature 
 and kingdom of Ireland, and a practical denial of its 
 Parliamentary independence." f "It furnishes a de- 
 cisive proof that whether the Tudor or the Stuart or 
 the Guelph reigned, it was equally the policy of Eng- 
 land not to permit the existence of an independent 
 Parliament in Ireland."^ 
 
 The Act of the 6th George I. was repealed 
 in 1782 by the British Parliament.^ The mere 
 repeal of this statute did not satisfy Mr. Flood, 
 who contended that there should be a complete 
 and absolute renunciation by the English Par- 
 liament of all claims to legislate for Ireland. 
 
 * "Irish Debates," i. p. 337. 
 t " Life and Death of Irish Parliament," p. 1 10. 
 X "Life and Death of Irish Parliament," p. 114. 
 § 22 Geo. III. c. 53.
 
 38 The Irish Parliament. 
 
 " It is an undeniable principle of law," he said, " that 
 the mere repeal of a declaratory Act does not re- 
 nounce the principle of it, and it is clear to common 
 sense that nothing but a final renouncing of the prin- 
 ciple of this law is adequate to our security. With 
 regard to this law of George I. the maxim I have men- 
 tioned obtains with peculiar force. What is the title 
 of the law ? It is an Act for the better securing the 
 dependency of Ireland. On the face of it, therefore, it 
 imports expressly that dependency did before exist, 
 and that by consequence it must continue after unless 
 renounced. It had, indeed, too strong an antecedent 
 existence to be destroyed by any weak implications. 
 The first authority of law known to the English 
 Constitution is that of the great Lord Coke ; his 
 authority is expressly against us and in favour of the 
 English Parliament. Will any lawyer say that the 
 clear and decided opinion of Lord Coke, in a matter 
 of law, is to be contemned } Add to this a number 
 of statutes made by the English Parliament and ac- 
 quiesced in by the Irish nation, antecedent to the de- 
 claratory law of George I., and will any man be so rash, 
 so foolish, or so corrupt, as to say that such pretension 
 is to be overlooked ? or that it can be rationally stated 
 to be so void of principle and colour as that a bare 
 repeal of a subsequent and declaratory Act can anni- 
 hilate it?"^ 
 
 Grattan, on the other hand, contended that the 
 simple repeal of this statute was abundantly sufficient 
 
 * " Irish Debates," vol. i. pp. 417, 418.
 
 Legislative Lxdepexdexce. 39 
 
 to secure the complete legislative independence of 
 Ireland, and the House inclined to this view. Lord 
 Mansfield, in Michaelmas term, 1782, and after this 
 discussion pronounced judgment in an Irish appeal. 
 The case, however, had been carried to England 
 long before the repeal of the Act 6 George I. In- 
 creased force was thus given to Air. Flood's contention, 
 which Lord Chief Justice Whiteside has pronounced 
 to be well founded.* Complaints were made of Lord 
 Mansfield's decision in the British House of Commons. 
 On the 22nd January, 1783, Mr. Secretary Towns- 
 hend moved accordingly for leave to bring in a bill, 
 which subsequently became law, "for removing and 
 preventing all doubts which have arisen or may arise 
 concerning the exclusive rights of the Parliament and 
 Courts of Ireland in matters of legislation and judica- 
 ture, and for preventing any writ of error or appeal 
 from any of his Majesty's Courts in that kingdom 
 from being received, heard, or adjudged in any of 
 his Majesty's Courts of the kingdom of Great Britain.! 
 "Between 1782 and 1800 Ireland was," in the words 
 of Sir G. C. Lewis, " legally an independent state, the 
 king of which was also King of Great Britain, and its 
 political relation to Great Britain was precisely similar 
 to that which subsisted between England and Scotland 
 in the interval between the union of the two crowns 
 and the union of the two kingdoms.";]: 
 
 * See "Life and Death of Irish PaijiameiU," p. 129. 
 
 t 23 George III., c. 28. 
 
 X " Essay on Government of Dopendencies," pp. 154, 155,
 
 40 The Irish Parliament. 
 
 The real and great usurpations of the English 
 Parliament were not so much its interference with the 
 internal affairs of Ireland, but the Acts which were 
 framed for the purpose of destroying Irish manu- 
 factures, especially the woollen. The effect of this 
 legislation was to crush out all industrial enterprise. 
 By excluding the mass of the people from all 
 other means of livelihood except agriculture, it has 
 produced the land-hunger which is the fruitful source 
 of Ireland's disturbance and distress. Edmund 
 Burke, in a letter written in 1778 to gentlemen in 
 Bristol, denounced, in terms which lost him his seat 
 in Parliament for that city, England's destruction of 
 Irish industries. "Is Ireland," he asked, " united to 
 the Crown of Great Britain for no other purpose than 
 that we should counteract the bounty of Providence 
 in her favour, and, in proportion as that bounty has 
 been liberal, that we are to regard it as an evil which 
 is to be met with in every sort of corrective?"* 
 * *' Burke on Irish Affairs," p. loi.
 
 41 
 
 CHAPTER V. 
 
 TFIE RELATION OF THE IRISH PARLIAMENT TO THE 
 ENGLISH AND IRISH PRIVY COUNCILS BEFORE 
 1782. 
 
 The English Parliament did not directly, to any great 
 extent, interfere in the internal affairs of Ireland. 
 The Irish Parliament was, however, previously to 1782, 
 efficiently controlled by the English Privy Council, 
 who were themselves responsible to the English 
 Parliament. In 1495, by an Act of the Irish Parlia- 
 ment known by the name of Poynings' Law, from the 
 Lord Deputy in whose administration it was passed, 
 amongst other provisions all the laws of England, 
 antecedent to that date, are deemed good and 
 effectual in Ireland.* This provision, which forms 
 what Mr. Hal lam calls an epoch in Irish juris- 
 prudence, fades into insignificance in the light of the 
 measure which gives its peculiar importance to 
 Poynings' Law. It was further enacted that no 
 Parliament shall in future be holden in Ireland till 
 the king's lieutenant shall certify to the king, under 
 the great seal, the causes and considerations and all 
 such acts as it seems to them ought to be passed 
 thereon, and such be affirmed by the king and his 
 council, and his licence to hold a Parliament be 
 
 * 10 Ilen. VII., Iv., c. 4.
 
 42 The Irish Parliament. 
 
 obtained ; and any Parliament holden contrary to 
 this form and provision should be deemed void. 
 
 In the 3rd and 4th Philip and Mary, an Act 
 was passed for the explanation of Poynings' Law, by 
 which permission was given to the Lord-Lieutenant 
 and Council, while the Parliament was sitting, to 
 certify to the King such provisions as they might 
 deem expedient to be framed into laws during a 
 session of Parliament.^ A negative alone on the 
 provisions thus framed by the Council was left to 
 Parliament. After the explanatory Act of Philip and 
 Mary, a general proposition for a bill, by way of 
 address to the Lord-Lieutenant and Council, was 
 allowed to come from Parliament. But it was not till 
 after the Revolution of 1688 that the heads of bills 
 were presented ; these resembled Acts of Parliament 
 or bills, with only the small difference of " We pray 
 that it may be enacted," instead of " Be it enacted. "f 
 Conferences between the two Houses were very 
 usual, while Poynings' Law prevailed. As heads 
 of bills were recommended only by one House 
 it was desirable to induce the two Houses to 
 confer and to give efficacy to these propositions by 
 a joint recommendation. J When the heads of a bill 
 were peculiarly popular they were presented by Par- 
 liament in a body to the Lord-Lieutenant, with a 
 request that he would recommend the measure to 
 
 * 3 & 4 Ph. & Mary, Ir., c. 4. 
 
 t Mountmorres's "Irish Parliament," vol. ii. p. 142, 
 
 X Mountmorres's "Irish Parliament," vol. ii. 1S3.
 
 The Privy Council. 43 
 
 the King. In practice the origination of bills in the 
 Privy Council was confined to the case of the sum- 
 moning of a new Parliament.^ Lord Mountmorres 
 thus distinctly states the procedure before 1782. 
 
 " Propositions for laws, or heads of bills as they 
 are called, originated indifferently in either House. 
 After two readings and a committal they were sent 
 by the Council (that is the Irish Privy Council) 
 to England, and were submitted usually by the 
 English Privy Council to the Attorney- and Solicitor- 
 General, and from thence they were returned to the 
 Council of Ireland, from whence they were sent to 
 the Commons, if they originated there (if not to the 
 Lords), and after three readings they were sent up 
 to the House of Lords, where they went through the 
 same stages, and then the Lord Lieutenant gave the 
 royal assent in the same form which is observed in 
 Great Britain. In all these stages in England and 
 Ireland it is to be remembered that any bill was 
 liable to be rejected, amended, or altered, but that 
 when they had passed the great seal of England no 
 alteration could be made by the Irish Parliament." f 
 
 A difference so striking between the Consti- 
 tutions of Great Britain and Ireland could not fail to 
 awaken indignant observation. Mr. Yelverton, on 
 giving notice that he would move for leave to intro- 
 duce the heads of a bill, which was subsequently 
 passed, for the modification of Poynings' Law, 
 
 * Lecky's " England in the Eighteenth Century," vol. iv. p. 35S. 
 •)• Mountmorres's " Irish Parliament," vol. i. pp. 58, 59.
 
 44 'I^HE Irish Pari.iamext. 
 
 said that " at present our Constitution was the 
 Constitution of England inverted ; bills originated 
 with the British Minister, and with this House it 
 only remained to register or reject them. This was a 
 miserable state of Ireland, and in this state it would 
 remain as long as a monster unknown to the Con- 
 stitution — a British Attorney-General, through the 
 influence of the law of Poynings, had power to alter 
 our bills,"^ 
 
 Mr. Flood, who once stated that he had made 
 this particular question " his consideration for twenty 
 years,"t was of opinion that a construction had been 
 given to Poynings' Law, of which, when honestly re- 
 garded, it was incapable. " It was never intended," he 
 said, " by Poynings' Law to take away the right of Par- 
 liament, but merely to prevent the governors of Ireland 
 from giving the royal assent to laws that might be 
 injurious to the King. That during the civil wars of 
 York and Lancaster this had frequently happened. 
 That the adherents of the York family were nu- 
 merous in Ireland, having been planted here chiefly 
 in the reign of Henry VI., who sent the Duke of 
 York with great power and great revenue to govern 
 this kingdom for no less than ten years, during which 
 time and afterwards it became an asylum to the 
 partisans of that house. That Lord Gormanstown, 
 who preceded Poynings, had given great cause for 
 suspicion — nay, it was even thought that when 
 
 * " Irish Debates," vol. i. p. 15. 
 
 t " Irish Debates," vol. i. pp. 185, 186.
 
 PoYXLVGs' Law. 45 
 
 Symncl was crowned in Dublin if there had been 
 a ParHamcnt sitting, that ParHament would have 
 acknowledged him as rightful king. The voyages 
 between England and Ireland in those days were 
 much less frequent than between Europe and 
 America at present, consequently many things hap- 
 pened here that were not known till long after in 
 England, for which reason Henry VII., who derived 
 his right from the House of Lancaster, when he chose 
 that trusty servant Poynings to be his deputy here, 
 though he had the utmost reliance on his fidelity, )'et 
 would not entrust even him with the power of giving 
 the royal assent to laws till they had been notified to 
 the King himself in England under the sanction of 
 the Great Seal of Ireland ; but that this was con- 
 sidered only as a restraint on the governor, not on 
 the Parliament of Ireland, which by many authentic 
 records he proved had been in the constant practice 
 of originating such bills as they thought proper, and 
 sending them engrossed on parchment, sometimes 
 through the Viceroy, sometimes by special messengers 
 of their own, to receive the royal assent. 
 
 " He also produced the evidence of the Parliamen- 
 tary Roll in the reign of Elizabeth to confirm this 
 opinion, and to show the sentiments the Parliament 
 then entertained of the law of Poynings by the reluc- 
 tance with which they consented to a temporary 
 suspension of its effects in favour of Lord Sydney, 
 and the great compliment they paid that nobleman 
 in the words of that consent. From this he inferred
 
 46 The Irish Parliament. 
 
 that Parliament had considered this as a popular law 
 guarding the nation against evil governors, but in no 
 wise restraining the power of either House of Parlia- 
 ment. He said that a very unjust stigma had there- 
 fore been cast on the name of Poynings, who was an 
 able and upright governor, and from whose adminis- 
 tration the kingdom had derived the greatest advan- 
 tages, and whose laws were intended for its defence 
 till prevented by the corrupt opinions of the judges. 
 But he thought it no wonder that the people should 
 receive an ill impression of the law of Poynings, as 
 the very text of that law had been falsified by those 
 who had charge of its publication, for instead of 
 saying that the Imperial Crown of Ireland was in- 
 separably annexed and appendent to the Imperial 
 Crown of England, they had used the words depen- 
 dent on, the most invidious perversion that could 
 possibly be introduced. He said that Lord Bacon, 
 who wrote the history of Henry VII., and who par- 
 ticularly mentions Poynings, would not have let so 
 great a matter as a total inversion of our Constitution 
 pass by the accuracy of his penetrating genius. He 
 mentions the law of Poynings, indeed, but not this 
 law. Speaking of Poynings, he says, ' But in Parlia- 
 ment he did endeavour to make am.ends for the 
 meagrcness of his service in the war, for there was 
 that memorable Act called Poynings' Act (not the 
 Act we are debating on), but that whereby all the 
 Statutes of England were to be made of force in 
 Ireland, for before (says Lord Bacon) tJuy xvcrc not.
 
 PoYMNGs' Law. 47 
 
 Neither are any now that were made in Encjhind 
 since.' 
 
 " But," continued Mr. Flood, " it is astonishing 
 that the law of Poynings should have received such a 
 false and vicious interpretation as it now bears. Do 
 we understand its meaning at the distance of almost 
 three hundred years better than the people in whose 
 days it was passed, or they who succeeded for an 
 hundred years after? By them it was considered as a 
 boon and a favour, but its operation now destroys the 
 Constitution of Ireland, that Constitution which, grow- 
 ing on the same stem with the Constitution of Britain, 
 it was formed to protect. But the law, he said, was 
 not in fault, it was only the vile interpreter was to 
 blame, an interpreter placed between the king and the 
 people, a monster unknown to the Constitution, whose 
 office was to stifle the voice of the people, and to 
 prevent the king from hearing, to render the people 
 dumb and the king deaf." ^ 
 
 The contrast between the Irish Constitution under 
 Poynings' Act and the British Constitution has been fre- 
 quently drawn, but by none more lucidly than by Moly- 
 ncux in his "Case of Ireland," and by a Mr. Walshe 
 in a speech delivered in the Irish House of Commons 
 in the course of the same debate, in which Mr. I'lood 
 made the observations I have quoted. " By the Con- 
 stitution of Ireland under Poynings' Act," says Moly- 
 neux, " the king's prerogative in the legislature is 
 advanced to a much higher pitch than ever was chal- 
 
 * "Irish Debates," vol. i. 149 — 153, abridged.
 
 48 The Irish Parliament. 
 
 lenged by the kings in England, and the Padiament of 
 Ireland stands almost on the same bottom as the king 
 does in England. I say almost on the same bottom, for 
 the Irish Parliament have not only a negative vote (as 
 the king has in England) to whatever laws the king or his 
 Privy Councils of both or either kingdom shall lay before 
 them, but have also a liberty of proposing to the king 
 and his Privy Council here such laws as the Parliament 
 of Ireland think expedient to be passed. Which laws, 
 being thus proposed to the king, and put into form, 
 and transmitted to the Parliament here, according to 
 Poynings' Act must be passed or rejected in the very 
 words even to a tittle, as they are laid before our Par- 
 liament, we cannot alter the least iota. If, therefore, 
 the legislature of Ireland stand on this foot in relation 
 to the king and the Parliament of Ireland, and the 
 Parliament of England do remove it from this bottom, 
 and assume it to themselves, where the king's prero- 
 gative is much narrower, and as it were reversed (for 
 there the king has only a negative vote), I humbly con- 
 ceive it is an encroachment on the king's prerogative.""^ 
 Mr. Walshe, in the Irish House of Commons, thus 
 commented on the differences between the English and 
 the Irish Constitutions. " By the English Constitution 
 the laws originate with the people — he meant with 
 either House of Parliament, In England the people 
 suggest the laws they are willing to live under. Can 
 there be a clearer idea of liberty ? In England the 
 only power the Crown has in legislation is that of 
 * "' Case of Ireland," p. 113.
 
 yi Pnepostekous Constitution. 
 
 49 
 
 simply giving or refusing its assent. Neither the 
 executive magistrate nor his council can alter a single 
 sentence, nay, a single syllable, of the Bills offered to 
 him by the people. His power is solely that of 
 accepting or rejecting them in toto. Can the wisdom 
 of the English Constitution appear in a clearer light 
 than in this very instance — that of placing the power of 
 originating laws in that very body of men that must 
 necessarily be best acquainted with the grievances of 
 the people, and must consequently best know what 
 laws would be most salutary and conduce most to 
 public good .'' The Constitution of Ireland was the 
 very reverse of that of England. He was bold to say 
 that it was the most extraordinary, the most pre- 
 posterous Constitution that ever an independent people 
 succumbed to. In Ireland the laws neither originated 
 with the people nor directly with the Prince. In 
 Ireland the laws originated with the Privy Council — a 
 body unknown to and unconnected with the people — 
 a body whose existence hung tremulous on the breath 
 of Majesty. These men, generated in the sunshine of 
 the Court, were to originate laws for Ireland in exclu- 
 sion of the people. Eor by the loth Hen. VII., c. 4, 
 called Poynings' Law, it is enacted that no Parliament 
 shall hereafter be holden in Ireland but at such season 
 as the King's Lieutenant and Council of Ireland do 
 first certify the King, under the Great Seal of Ireland, 
 the causes and considerations and all such xA,cts as to 
 them secmcth should pass in the same Parliament." 
 "The 3rd & 4th Philip & INIary. c. 4, which 
 D
 
 50 The Irish Parliament. 
 
 expounds Poynings^ Law, still increases the power 
 of the Privy Council, for by Poynings' Law the Privy 
 Council could only certify such causes and considera- 
 tions and all such Acts as then seemeth should 
 pass previous to the meeting of Parliament. That is, 
 the Privy Council must have pre-conccived all such 
 laws as they chose should pass, and must have certi- 
 fied them to England before the Parliament was con- 
 vened, for Poynings' Law did not empower the Privy 
 Council to certify any causes or considerations after 
 Parliament had once met ; and therefore to increase 
 the power of the Privy Council was the Statute 3 & 4 
 Philip & Mary made, and that Statute enacts that 
 during the sitting of the Parliament the Lord-Lieu- 
 tenant and the Privy Council shall and may certify 
 all such other causes and considerations as they shall 
 further think good to be enacted in the same Parlia- 
 ment, and such causes and considerations as shall be 
 thus certified and returned under the Great Seal of 
 Great Britain, and no others shall and may pass or be 
 enacted in the same Parliament — so that by these 
 tv/o Statutes the Privy Council (a body elected by 
 the executive magistrate) are expressly appointed to 
 originate laws for Ireland in exclusion of her own 
 representatives. 
 
 "The introduction of heads of Bills into that House 
 so far as they could be said to originate laws before 
 they had been first certified to England was, he relied 
 on it, expressly and directly contrar)- to both tlic letter 
 and spirit of loth Ilcn. VII., and 3^4 Ph. & M."
 
 The English Attorney-General. 51 
 
 " The introduction of heads of Bills in their present 
 situation was an absolute absurdity, was a mockery of 
 reason and common sense, while there remained a 
 power in the Privy Council to alter, to mutilate, nay, 
 totally to suppress those Bills." 
 
 " There is a real abuse of those laws, there is a 
 power usurped, not warranted by even the shadow of 
 any law whatever — he meant the power usurped by 
 the English Attorney-General. For," said he, " if the 
 Privy Council should transmit bills unaltered into 
 England, then they are to undergo the fiery ordeal of 
 an English Attorney-General, of any man who fortui- 
 tously for the instant becomes the English Attorney- 
 General, possibly as ignorant of the common rules of 
 grammar as he is of the rights of Ireland. This man, 
 buoyed up by the importance of office, thinks it his 
 duty also to alter our bills ; he erases, he inserts, he 
 expunges, for the sole purpose of stamping the Consti- 
 tution of Ireland with the fiat of contempt. Thus we 
 are reduced to this unhappy dilemma — either to adopt 
 this man's blunders, or to reject the bill /// toto. For 
 by Poynings' Law we cannot alter a word in it. While 
 Poynings' Law remains unmodified, the King of Ire- 
 land may know the wishes of his Lord-Lieutenant 
 and Privy Council, but he cannot certainly know the 
 sincere wishes of his people of Ireland. By Poynings' 
 Law the Lord-Licutcnant and Privy Council have at 
 this day a power to stop all communications between 
 the King of Ireland and the Irish Parliament, 
 a power the most extravagant, a power the most
 
 52 2^ UK Irish Parliament. 
 
 tyrannical that ever was obtruded on an independent 
 people." "^ 
 
 The usual apology for the existence of arbitrary 
 power, its general non-user, could not be urged in 
 defence of this statute. The most casual glance at the 
 history of the laws of the Irish Constitution will afford 
 ample evidence of the persistent and reckless manner 
 in which the provisions of Poynings' Law were called 
 in aid to pervert, mutilate, suppress, and persecute 
 every measure extending the benefits of the English 
 Constitution to Ireland. 
 
 Poynings' Law was found so useful to the English 
 Government in Ireland, that it is not surprising that 
 efforts were made to extend its benefits. In 1678 a 
 measure was introduced into the Legislative Assembly 
 of Jamaica, embodying the main provisions of Poyn- 
 ings' Law. Two-thirds of the settlers of Jamaica 
 were Irish by birth or by descent, which may account 
 for the rejection of the proposal.f 
 
 * " Irish Debates," vol. i. pp. 162^167. Abridged. 
 
 t "In Charles II. 's time," says Mr. Long, "the Earl of Carlisle 
 was sent here (to Jamaica) as Governor, and brought with him a body 
 of laws fashioned after those in Ireland, pursuant to Poynings' Act, with 
 instructions to get them passed here. But the Assembly rejected them 
 with indignation ; no threats could frighten, no bribes could corrupt, no 
 art nor a'-guments could persuade them to consent to laws that would 
 enslave their posterity." Long's " History of Jamaica," vol. i. p. 11. 
 See also Ibid, vol. i. pp. 15, 197 — 208. Sir G. C. Lewis refers to this 
 transaction in his "Essay on Government of Dependencies, p. 156."
 
 53 
 
 CHAPTER VI. 
 
 THE RELATION OF THE IRISH PARLIAMENT TO 
 THE ENGLISH PRIVY COUNCIL AFTER 1/82. 
 
 POYNINGS' Act was not repealed by the revolution of 
 1782 ; it was merely modified. By the provisions of 
 Yelverton's Act effecting this modification, no bills 
 were to be originated, or altered, or suppressed by 
 either Privy Council ; but before any bill passed by 
 both Houses of the Irish Parliament should receive 
 the assent of the Lord-Lieutenant, as the King's 
 representative, the consent of the Sovereign under the 
 Great Seal of England was necessary. The clause, 
 likewise, of Poynings* Act which rendered the Royal 
 license to the Viceroy a condition precedent to the 
 convening of a Parliament in Ireland was expressly 
 retained.^ The provisions of Yelverton's Act were 
 framed in accordance with the terms of the Address 
 to the Throne moved by Mr. Grattan on the i6th 
 April, 1782, which contains the following passage : — 
 "To assure his Majesty that his Majesty's Commons 
 in Ireland do most sincerely wish that all bills which 
 become law in Ireland should receive the approbation 
 of his Majesty under the Great Seal of .Great Britain, 
 but that yet we consider the practice of suppressing 
 our bills in the Council of Ireland, or altering the 
 * 21 & 22 Geo. III., Ir. c. 47.
 
 54 The Trif.ii Parliament. 
 
 same anywhere, to be a just cause of jealousy and 
 discontent." "^ 
 
 " At present," says Lord Mountmorres, writing in 
 1792, "by the Chief Baron Yelverton's law, it is not 
 necessary for the Council to certify a bill under the 
 Great Seal of Ireland as a reason for summoning a 
 Parliament, but it is ordered to be convoked by 
 proclamation from the Crown, as it is summoned 
 in England. Touching bills, they now originate in 
 either House, and go from one to the other, as they 
 do in England, after which they are deposited in the 
 Lords' office, when the clerk of the Crown takes a 
 copy of them, and this parchment is attested to be a 
 true copy by the Great Seal of Ireland on the left 
 side of the instrument. Thus they are sent to Eng- 
 land by the Irish Council, and if they are approved of 
 by the King, this transmiss, or copy, comes back, with 
 the Great Seal of England on the right side, with a 
 commission to the Lord-Lieutenant to give the Royal 
 assent. All bills, except money bills, remain in the 
 Lords' office, but bills of supply are sent back to the 
 House of Commons to be presented by the Speaker at 
 the bar of the Lords for the Royal assent. Hence it is 
 manifest that no alteration can now be made inbills, ex- 
 cept in Parliament, as the record, or original bill, remains 
 in the Lords' offices till it obtains the Royal assent." f 
 
 The nature and effects of this modification of 
 Poynings' Law were discussed and explained in the 
 
 * "Irish Debates," vol. i. p. 337. 
 
 ■•■ Mountmoires's " Irish Parhament," vol. i. pp. 59, 60.
 
 CuMDROi s Procedure. 55 
 
 Irish Parliament during the debates on the Regency 
 question. The distinction between the British and 
 the Irish Constitution of 1782 in legislative procedure 
 was then forcibly illustrated. 
 
 "By your new law," says Fitzgibbon, who was at that 
 time Attorney-General, "you enact that all bills which 
 pass the two Houses here which shall be certified into 
 England, and which shall be returned under the Great 
 Seal of England without any addition, diminution, or 
 alteration whatever, shall pass into law, and no other. 
 By this }T)U make the Great Seal of England essen- 
 tially and indispensably necessary on the passing of 
 laws in Ireland. You can pass no act without first 
 certifying it into England and having it returned 
 under the Great Seal of that Kingdom, insomuch 
 that were the King of England and Ireland to come 
 here in person and to reside, he could not pass a 
 bill without its being first certified to his regent in 
 England, who must return it under the Seal of that 
 Kingdom before his Majesty could even in person 
 assent to it." " By this bill the Great Seal of England 
 is the organ by which the King of England speaks, 
 and the Great Seal of Ireland is the organ by which 
 the King of Ireland speaks, and it is nonsense to say 
 that it is as King of Ireland he affixes the Great Seal 
 of England to Irish Acts. As well might you say that 
 it is as King of Ireland he affixes the Great Seal of 
 England to treaties of peace, alliance, and commerce, 
 which nevertheless include Ireland."* 
 
 * " Iribh Debates," vol. ix. jip. 48, 49.
 
 56 The Irish Parliament. 
 
 To part of this statement Grattan took exception, 
 " The bills," he said, " must return to this country ; 
 they must return without alteration, they must return 
 under the Great Seal of Great Britain as usual, and 
 then, says the right hon. gentleman (Fitzgibbon), they 
 are the law. But I tell him they are not the law; 
 they are then qualified to receive the royal assent, 
 without which they cannot be law. That royal assent 
 is the assent of the King of Ireland."* 
 
 " To every bill," said Hely Hutchinson, " in this 
 kingdom, besides the assent of the two Houses, three 
 things were necessary — the Great Seal of Ireland and 
 the Great Seal of England, which must be affixed to 
 every bill before it can pass into a law ; but a third 
 requisite was indispensable, namely, a commission for 
 giving the royal assent." f 
 
 " Our Legislative Constitution," said Sir L. Par- 
 sons, "was altered in 1782, but the effects of these 
 alterations have not as yet been fully considered. As 
 it now stands, it agrees with the Legislative Constitu- 
 tion of England in having three estates — a King who 
 acts by his Viceroy, a House of Lords, and a House of 
 Commons ; but it differs in this, that there is super- 
 added upon our Constitution an extrinsic form which 
 is distinct and independent of the three estates, and 
 that is the Great Seal of England, which must be put 
 to our bills before they become the law of the land. 
 This is not the third estate, as some have called it, nor 
 
 * "Irish Debates," vol. ix. pp. 74, 75. 
 t " Irish Debates," vol. ix. p. 55.
 
 Relation to the Exglish A'/xg. 57 
 
 do I think it can properly be called any estate at all ; 
 if it be one, it must be a fourth estate." " It gives the 
 English Parliament a kind of negative upon our laws, 
 but by such a remote and severe action, as there is 
 no reason to apprehend it will ever be abused. That 
 Parliament having recognised our right to legislate 
 exclusively for this kingdom, their own law as well 
 as their prudence would not suffer them to impeach 
 their Chancellor for putting that Seal to any Irish Act, 
 except in the single case of its tending to destroy the 
 unity of the executive power in which alone the con- 
 nection of these kingdoms consists. The Seal, then, 
 however it came to be added to our Constitution, 
 whether by accident or design, is security to England 
 without being dependent to Ireland ; and the history 
 of mankind does not afford an instance of two inde- 
 pendent States being connected together by a me- 
 chanism so wise and so beautiful." * 
 
 This exposition of the relation of the English 
 king to the Irish Parliament between 1782 and 1800 
 is, in my judgment, accurate. The power of the 
 veto, though it was not exercised, must, I think, 
 be considered a real power, capable of use in emer- 
 gencies. We can never sufficiently realise the great 
 fact that the British Constitution is subject to con- 
 stant changes. The power of the Crown a century 
 ago cannot be ascertained by any estimate of the 
 power of the Crown to-day. Mr. Bagehot stated the 
 case strongly, but without exaggeration, when, in 
 
 * " Irish Debates," vol. ix. pp. 121, 122.
 
 58 The Irish Paruamf.nt. 
 
 1865, he wrote: "The Queen has no veto; she must 
 sign her own death-warrant if the two Houses 
 unanimously send it up to her. It is a fiction of the 
 past to ascribe to her legislative power. She has 
 long ceased to have any.""^ In 1782 the royal veto 
 on English legislation was not thought to be in 
 abeyance, though it had not been exercised since 
 1693.1 This position is proved by the fact that in 
 the American Constitution, framed in 1789, which 
 is a version of the English Constitution, the 
 President, who supplies the place of the English 
 king, has a modified veto in legislation. % Still 
 less could the veto on Irish legislation be considered 
 as a nullity by statesmen who were accustomed, 
 previously to 1782, to see bills suppressed, varied, 
 and mutilated both by the Irish and the English 
 Privy Council. So real did Flood, the greatest autho- 
 rity of his time on constitutional questions, consider 
 the power of the royal veto under the new Consti- 
 tution, that he urged the propriety of a provision re- 
 quiring the royal dissent, as well as the royal assent^ 
 to be given in open Parliament. " Will you not," 
 he said, " restore the Constitution to what it was 
 
 * "English Constitution," p. 57. 
 
 t When William III. refused his assent to the Bill for Triennial 
 Parliaments which, notwithstanding, became law the following year. 
 This is generally cited as the last instance of the exercise of the royal 
 veto. The last actual instance, however, occurred in 1707, when 
 Queen Anne refused her assent to a Scottish Militia Bill. But this is 
 not regarded as a constitutional precedent. 
 
 X See a very able article in the Quarterly Review for January, 
 1884, on the " Constitution of the United Slates."
 
 PouF.K OF J^/r/o. 59 
 
 before Poynings' Law ? and every one knows that 
 before Poynings' Law your bills were transmitted to 
 the king engrossed on parchment, under the Great 
 Seal of Ireland, and that the royal assent or dissent 
 was given to them in open Parliament."* 
 
 " The power of the English Privy Council was 
 not," says Mr. Butt, " regarded as a mere speculative 
 or theoretical one. It was looked to as a practical 
 check on Irish legislation. It is said — it is to be 
 hoped not truly — that in 1792 the unanimity of the 
 Irish House of Commons in favour of the Catholic 
 Relief Bill was produced by the belief universally 
 entertained that the English Privy Council would 
 refuse their assent, and that the English Ministry 
 returned it in spite, to punish the Irish Parliament 
 for attempting to acquire a character for liberality 
 at their expense. The story has probably as much 
 foundation as most stories of the kind ; but its cur- 
 rency is sufficient to prove the opinions entertained 
 of the reality of the veto." | 
 
 * " Irish Debates," vol. i. p. 392. 
 t " Irish Federation," pp. 40, 41.
 
 6o 
 
 CHAPTER VII. 
 
 THE IRISH ADMINISTRATION. 
 
 An eminent political writer has described the English 
 cabinet as " a board of control chosen by the Legisla- 
 ture out of persons whom it trusts and knows, to rule 
 the nation." * This sentence is valuable, for it will 
 impress on the mind by way of contrast the main cha- 
 racteristics of the Irish executive. The Irish Govern- 
 ment in the interval between 1782 and 1800 consisted 
 practically of the Lord-Lieutenant and his secretary. 
 They were not chosen by the Irish Legislature, but 
 by the English Government, whose creatures they 
 were, and whose policy they came to Ireland to main- 
 tain. They were not generally known by the Irish 
 Legislature before their acceptance of office, and 
 when they became known they were for good reasons 
 certainly not trusted. The Lord-Lieutenant was an 
 English nobleman ; his secretary was generally a 
 member of the English House of Commons, who 
 easily obtained a seat in the Irish House. These 
 functionaries went in and out of office with the 
 English Government, whose nominees they were. 
 In Ireland there was no Irish administration respon- 
 sible to the Irish Parliament, and through that Par- 
 it to the Irish nation. An adverse vote of the 
 Parliament disturbed them not. Thus the 
 
 * Ragehot, "English Constitulion," p. 13.
 
 BkIDEKY and CORKUPTIOX. 6 1 
 
 House of Commons in 1789 passed a vote of gravest 
 censure on Lord Buckingham when Lord-Lieutenant, 
 but he retained his office.* Lord Castlereagh's first 
 proposal to the Irish Parliament on the question of 
 Union miscarried, an amendment in favour of an 
 independent legislature being lost by a single vote.f 
 A virtual defeat on a leading question of policy- 
 would, in accordance with constitutional practice, 
 have entailed the resignation of the Ministiy, and the 
 acceptance of office by a statesman opposed to the 
 Union. But the Irish Ministers, looking for support 
 not to Ireland but to England, recognised no such 
 principle of action. They knew an easier plan. " It 
 was plain," saj's Sir Erskine May, " that corrupt 
 interests could only be overcome by corruption. 
 Nomination boroughs must be bought, and their 
 members indemnified, country interests conciliated, 
 officers and expectant lawyers compensated, oppo- 
 nents bribed. Lord Castlereagli estimated the cost 
 of these expedients at a million and a half, and the 
 price was forthcoming." % 
 
 Theoretically the Ministers were liable to impeach- 
 
 * "That His Excellency theLoid-Lieutenant'sanswertoboth Houses 
 of Parliament requesting him to transmit their address to His Royal 
 Highness the Prince of Wales is ill-advised, contains an unwarranted 
 and unconstitutional censure on the proceedings of both Houses of 
 I'arliament, and attempts to question the undoubted rights and privi- 
 leges of the Lords Spiritual and Temj)oral and the Commons of Ireland." 
 Carried — ayes, I15; noes, S3. — "Irish Debates," vol. ix., pp. ISS-'SS- 
 
 t May's "Constitutional History," vol. iii. p. 330. "Cornwallis 
 Correspondence," vol. iii. pp. 40 — 51. 
 
 % " Constitutional History," vol. iii. p. 330.
 
 62 The Irish Parliament. 
 
 ment for acts of administrative misconduct.* But this 
 cumbrous and unsatisfactory mode of procedure, as 
 Sir F. Stephen terms it, was not practically available, 
 owing to the. " fugacious character" of Irish adminis- 
 trations. The Lord-Lieutenant and his secretary had 
 only to retire to England and oust the jurisdiction. 
 England would not be likely to deliver up officials 
 whose offence was that they served her interests not 
 honestly, but too well, and Ireland could not make 
 such a demand without a compromise of her national 
 dignity. 
 
 The general aim of the Irish Ministers was, it 
 seems, to regain by the corruption of Parliament the 
 arbitrary power which England lost by the Revolution 
 of 1782. This design was early perceived. Speaking 
 in the House of Commons on March 20, 1784, 
 Dr. Browne, one of the members for Trinity College, 
 makes this observation : " We are no longer attacked 
 by the stern violence of prerogative, but a new and 
 more dangerous foe has arisen, a corrupt and all- 
 subduing influence which, with a silent but resistless 
 course, has overwhelmed the land, and borne down 
 every barrier of liberty and virtue." f " Those acqui- 
 sitions in 1782,^-' says Sir L. Parsons, "which the 
 people thought would have brought good government, 
 
 * This power was in fact never exercised by the Irish Parliament. 
 Hely Hutchinson, in a speech of great learning, urged that Lord 
 Strangford should be proceeded against by impeachment and not by a 
 bill of pains and penalties. He stated the constitutional principles 
 which he minutely explained and illustrated. The speech is worthy ot 
 perusal. "Irish Debates," vol. iii. pp. 187 — 195. 
 
 t "Irish Debates," vol. iii. p. 73.
 
 English Cou.\teraction. 63 
 
 have brought bad, and why ? Because it has been 
 the object of the English Ministers ever since to 
 countervail what was obtained at that period, and 
 substitute a surreptitious and clandestine influence for 
 that open power which the English Legislature was then 
 obliged to relinquish."'^ Mr. Thomas Conolly, who was 
 at the time a member of the English Parliament, thus 
 spoke in 1791 in the Irish House of Commons : "As 
 there was no other course established by which a 
 member could quit that House, he must wish to be 
 called to its bar and expelled. The British House of 
 Commons consisted of 558 members, 67 only of whom 
 were placemen, and no pensioners could sit, nor 
 placemen, unless originally chosen as such, or upon 
 getting a place, or being re-chosen. In this House, 
 consisting of 300 members, no were placemen or 
 pensioners. They had adopted the whole power of 
 the Privy Council before the repeal of Poynings' Law, 
 and literally appeared to be determined not to let any 
 law pass here that was not agreeable to the English 
 minister or the English merchant, and that therefore he 
 was seriously in earnest to be expelled from a society 
 which he conceived to be acting in direct contradic- 
 tion to the constitution and trade of that kingdom.''' f 
 Grattan complains of " the fatal hand of an Irish 
 Cabinet legislating against Ireland to promote its 
 own credit in the Court of Great Britain." % In 1797 
 
 * " Iiisli Debates," vol. x. p. 243. 
 
 + " Irish Debates," vol. xi. pp. 231, 232. 
 
 X " Irish Debates," vol. xii. p. 14.
 
 64 The Irish Parliament. 
 
 he observed : — " The unconstitutional and abomin- 
 able interference of the British minister in every de- 
 partment of our Constitution, to the ruin of its inde- 
 pendency, and to the destruction of morals, has been 
 made, by the servants of Government, the test of con- 
 nection, and the Constitution itself has been made the 
 test of separation." Painfully sensible of the analogy, 
 he makes, in the same speech, this significant remark, 
 " By ministers it was said, at the time of the 
 American War, let the Parliament give up the power 
 of making law for America, and the minister will get 
 it by bribing." "^ Mr. Fox, in the British House of 
 Commons in 1797, said, in reference to Ireland : — 
 " The advantages which the form of a free govern- 
 ment seemed to promise have been counteracted by 
 the influence of the Executive Government, and of 
 the British Cabinet." t 
 
 The want of responsible government was bitterly 
 deplored. Commenting on the conduct of Secretary 
 Orde in reference to the Commercial Propositions, 
 Mr. Flood said : — " He may defy the House — he who 
 can prorogue or even dissolve the Parliament. He, 
 indeed, must be very much afraid of their resentment. 
 No, but he may be afraid of a mob — if a whole 
 offended, injured nation may be called a mob — and 
 then what is his resource ? Why, a packet^ and then 
 he is responsible. Where .-' In Dover ! " % 
 
 * "Irish Debates," vol. xvii. pp. 503, 504. 
 
 t March 26th, 1797, reported in "Irish Debates," voL xvii. p. 212. 
 
 X " Iiish Debates," vol. v. p. 312.
 
 Without Authority. 65 
 
 " We have," said Grattan, "no Irish Cabinet. In- 
 dividuals may deprecate, may dissuade, but they 
 cannot enforce their principles ; there is no embodied 
 authority in Ireland. Again, your Government con- 
 stantly fluctuates; your viceroys change every day; 
 men of different parties and different principles, faith- 
 ful to private engagements but not bound to any 
 uniform public system. Again, you have no decided 
 responsibility in Ireland ; the objects of your inquest 
 might not be easily found ; in short, you have in this 
 country the misfortune of a double administration, a 
 double importunity — a fluctuating Government, and 
 a fugacious responsibility." * Some years later Mr. 
 Grattan says, " Are the Ministers of Ireland fonder of 
 the people of this country than the Ministers of the 
 sister country are of Great Britain? Are they not 
 often aliens in aff'ection as well as birth, disposed 
 to dispute your rights, censure your proceedings, 
 and to boast that you cannot punish them, and 
 that, therefore, they do not fear you ? Are the}' 
 not proud to humble you and ambitious to corrupt 
 you ? " t 
 
 "There is in England," says Mr. Grattan in 
 another debate, " such a thing as responsibility ; the 
 public malefactor there cannot always retire from 
 public mischief to triumphant impunity." J "We have 
 been taught to believe the Irish Viceroy is not to be 
 
 * "Irish Debates," vol. vi. p. 115. 
 t "Irish Debates," vol. ix. p. 3S4. 
 X "Irish Debr.tes, vol. x. pp. 59, 60
 
 65 The Irish Parliament. 
 
 affected in his situation by the sense of the people of 
 this country. The English Minister stands in a dif- 
 ferent situation with respect to his own." * " You have 
 no adequate responsibility in Ireland, and politicians 
 laugh at the sword of justice which falls short of their 
 heads and only precipitates on their reputations. Sir, 
 this country has never yet exercised herself in the 
 way of vindictive justice ; in the case of Strafford she 
 was but an humble assistant, and yet in this country 
 we have had victims ; the aristocracy at different 
 times has been a victim ; the whole people of Ireland 
 for almost an entire century were a victim, but 
 
 Ministers in all the criminal successions Here 
 
 is a chasm, a blank in your history. Sir, you 
 have in Ireland no axe, and therefore no 'good 
 Minister." t 
 
 In his speech in the debate on the sale of the 
 peerages, Mr. Grattan says : — " Some past administra- 
 tions in this country prove that the most licentious 
 thing imaginable is a little Castle presuming on the 
 languor of the Empire, too low to think itself respon- 
 sible to character, and too shifting to be responsible 
 to justice. Remove from that Court the dread of 
 Parliament, and they will become a political High 
 Life Below Stairs, carrying not only the fashions 
 but the vices and insolence of their superiors to 
 outrageous excess." J 
 
 * " Irish Debates," vol. x. p. 6i. 
 t "Irish Debates," vol. x. p. 67. 
 X "Irish Debates," vol. x. p. 267.
 
 Without Responsibility. 6y 
 
 " I'll suppose," said Mr. Grattan, in the debate on 
 the Responsibility Bill, in 1791, "the Commons of 
 Ireland resolve articles of impeachment against a 
 Chief Governor, and that they send their messengers 
 to the Lords to acquaint them therewith, and to desire 
 that he may be committed to their power. Where is 
 he ? He is fled. Fled with his secretary. Your im- 
 peachment would commence when his commission 
 ceased, and his person was out of the jurisdiction of 
 the realm. You can't follow his person nor find his 
 property. These great men who are held out as our 
 sole security for acts of State have seldom a freehold 
 in your country. They could not be private, still less 
 are they public security. Fll suppose on the applica- 
 tion of this Parliament to his Majesty to interpose 
 with the Parliament of Great Britain, the latter would 
 transmit the person to be impeached ; but the efficacy 
 of your jurisdiction depends on the success of your 
 application ; that is, the responsibility held out to this 
 country depends on the permission of the Parliament 
 of another, which is in fact no responsibility whatever, 
 and if ever the punishment of an unworthy Viceroy 
 should become the unworthy cause of discontent and 
 jealousy between the two countries, remember it is 
 the servants of the Crown who are the cause, by leav- 
 ing you no option and affording you no person whom- 
 soever to proceed against, save only the person of the 
 Viceroy. It follows from this that his Excellency 
 affords no adequate responsibility. You can't dero- 
 gate from your dignity and impeach him before the
 
 6S The Irish Parliament. 
 
 Lords of England, nor attach his person when you 
 impeach him before the Lords of Ireland." * 
 
 " The prominent spring of your Government, that 
 is the British Minister, is an absentee, and does not 
 look in the face the crimes committed by his agents 
 in the kingdom of Ireland. Residence is a kind 
 of physical responsibility, but he has the advantage 
 of not beholding the acts of his servants in Ireland." 
 "The agents, or instruments, in Ireland, by which 
 these things are done, though they are not, like him, 
 absentees, yet they are not stationary, and they look 
 not only to the protection, but to the opinion of 
 another country. The seat of their action is in 
 Ireland ; but the seat of their character, as well as 
 of their punishment, is in England ; and Ireland is, of 
 course, deprived, in the present administration of her 
 affairs, of the two great sanctions held necessary to 
 restrain the malignity of human actions — the law of 
 punishment, and the law of reputation ; and the public 
 weal of this country is left for its preservation to the 
 remote apprehension which her ministers may entertain 
 of Divine vengeance, and to their ambiguous specula- 
 tions on a future state of reward and punishment." f 
 
 * "Irish Debates," vol. xi. p. 393. 
 
 f "Irish Debates," vol. xi. pp. 396,397. A Responsibility Bill 
 became law in 1793, but the position of the Lord-Lieutenant and his 
 Secretary was not thereby changed. Throughout the whole existence 
 oi the Irish Parliament, these officials were practically beyond its 
 control.
 
 69 
 
 CHAPTER VIII. 
 
 POINTS OF DIFFERENCE BETWEEN THE LAWS AND 
 PRACTICE OF THE ENGLISH AND THE IRISH 
 CONSTITUTIONS, 
 
 By one of the articles of Poynings' Law, all statutes 
 made in England prior to the passing of that Act are 
 deemed valid in Ireland ; but as this provision did 
 not extend to English statutes of later date, " the law 
 of the countries began to diverge from that time, and, 
 after three centuries has been in several respects 
 differently modified." * 
 
 The chief points of difference between the British 
 and the Irish Constitutions have been rendered 
 apparent by the foregoing sketch, which, necessarily 
 imperfect, would be still more incomplete without 
 some further account of the distinctions in the 
 practice and laws of the Constitutions of Great Britain 
 and Ireland. The student of Irish Constitutional 
 history will perceive that the beneficial Acts which 
 are the essential preservations of the British Con- 
 stitution, and the fundamental laws of that country, 
 were, in some instances, not extended to Ireland for 
 centuries after their enactment in England ; in other 
 
 * Hallam's "Constitutional History," vol. iii. p. 362.
 
 yo The Irish Parliament. 
 
 cases, that they were extended, but after long inter- 
 vals and in a mutilated form; while other statutes 
 of equal importance were never extended to Ireland 
 at all. 
 
 The reason of so striking a phenomenon is quite 
 apparent. Before 1782 the friends of popular rights 
 in Ireland had to cope with the Irish and English 
 Privy Council armed with the machinery provided by 
 Poynings' Law for the destruction of constitutional 
 liberty. After 1782 they had to struggle against the 
 influence of an Irish Ministry who were the agents of 
 the English Cabinet for the bribery of a Parliament, 
 unreformed, and from its very nature subject to 
 corruption. If we take into consideration the consti- 
 tution of that assembly, the tendencies of the time, 
 the want of an independent newspaper press, the low 
 state of public opinion, and the temptations by which 
 political rectitude was assailed, so far from agreeing 
 with Mr. Froude that the Irish Parliament was " the 
 most mischievous parody of a representative legisla- 
 ture which the world has ever seen," * we shall be led 
 insensibly to admire a body who gained for their 
 country many of the benefits of the British constitu- 
 tion, despite the determined opposition of a ministry 
 enforced by unlimited means of corruption. " A 
 person of high consideration," said Fox in the British 
 House of Commons, " was known to say that 
 ;^ 5 00,000 had been expended to quell an opposition 
 in Ireland, and that as much more must be expended 
 
 * Froude's "English in Ireland," vol. iii. p. 551.
 
 Duration of Parliament. yi 
 
 to bring the legislature of that country into a proper 
 temper.""'^ 
 
 The following are some of the leading differences 
 in the practice and laws of the Constitution in Great 
 Britain and Ireland : — 
 
 I. Lazus regulating the duration and convening of 
 Parliament. 
 
 In England, previous to 1694, the old maxim 
 prevailed that the king is caput prindpiuni ct finis of 
 Parliament. The House of Commons accordingly, un- 
 less dissolved, remained in existence during the life of 
 the monarch who convened it. A Triennial Act had 
 indeed been passed by the Long Parliament ; it was, 
 however, violated by that assembly, and repealed at 
 the Restoration. In 1693 a Triennial Bill was passed 
 by both the English Houses of Parliament, and 
 presented to William III., who refused his assent. 
 This measure, however, became law in the following 
 year. In 1715 the Septennial Act was passed, since 
 a general election at the time was considered perilous 
 to the existence of the Hanoverian dynasty. This 
 statute has since remained in force, though many 
 efforts have been made to obtain a return to the old 
 system of Triennial Parliaments. By a statute of Anne 
 it is provided that Parliament, if not sooner dissolved 
 by the new sovereign, should remain in existence for 
 six months after a demise of the Crown, while a statute 
 
 * "Irish Debates," vol. xvii. p. 212. British House of Commons, 
 March 26th, 1796. The reference was I0 Fitzgibbon, who, when 
 Attorney-General, made use of this observation in the House of 
 Commons.
 
 'J2 The Irish Parliament. 
 
 of George III. enacts that if a demise of the Crown 
 should take place at a time when no Parliament is 
 in existence, the last Parliament should revive and 
 continue in being, unless again dissolved, for six 
 months. The Reform Act of 1867 provides that the 
 demise of the Crown shall have no effect on the 
 existence of Parliament. 
 
 In Ireland, previous to 1768, Parliament, unless 
 dissolved, lasted during an entire reign. This had 
 actually occurred ; the Parliament of George II. 
 remained in existence during his whole reign, a period 
 of thirty-three years. Flood entered this assembly in 
 1759 at the mature age of seven-and-twenty ; he 
 was, however, some years younger than the Parliament. 
 The Irish House of Commons had frequently passed 
 the heads of Septennial Bills, which had been 
 forwarded to England but never returned. In 1768 
 a Septennial Bill was returned by the Privy Council 
 altered into an Octennial Bill, in the hope, as it 
 has been asserted, that the Irish Parliament would 
 not accept it thus changed. They, however, gladly 
 passed the measure in its mutilated form. The 
 grounds for the alteration by the English Privy 
 Council were alleged to be the fact that the Irish 
 Parliament sat only every second year, and that great 
 inconvenience would arise if both England and 
 Ireland were plunged at the same time in the turmoil 
 of a general election. 
 
 The effects of the Octennial Act cannot be over- 
 estimated. " Our sovereign," said Mr. R. H. Hutchin-
 
 The OcTiuWX/.iL Act. yi 
 
 son, in the House of Commons, in 1781, " has given a 
 perpetual spring to our national spirit by lopping off 
 that branch of his prerogative which enabled him to 
 make the representatives of the people free-holders 
 of their trust." * " The enactment of that law pro- 
 duced," said Mr. Fletcher, " a revolution more salutary 
 than the boasted Revolution of 1688." f Mr. Lccky 
 considers this Act to have " laid the foundation of 
 Parliamentary influence and independence in Ire- 
 land." X 
 
 The contrast between an English House of Com- 
 mons, elected for three years, extending its tenure to 
 seven years, and an Irish House of Commons, elected 
 for the life or during the pleasure of the sovereign, 
 wishing to limit its tenure of office to seven years, is 
 noteworthy. 
 
 As regards the convening of Parliament in England, 
 a statute of Edward II. and two statutes of Edward III. 
 provide that " a Parliament shall be held once annually, 
 or more often if need be." These Acts are con- 
 sidered to refer merely to the meeting of Parliament, 
 and not to the summoning of a new Parliament. 
 They were, however, frequently violated. Charles I., 
 for instance, allowed twelve years to elapse without 
 summoning a Parliament. Again, the Bill of Rights 
 declares that Parliaments ought to be held more 
 frequently. From the Revolution, owing to the 
 
 * "Irish Debates," vol. i. p. 269. 
 
 t " Irish Debates," vol. xv. p. 323. 
 
 + "England in the Eighteenth Century,'' vol. iv. p. ^'•dZ.
 
 74 The Irish Parliament. 
 
 necessity of passing the annual Mutiny Act and the 
 Appropriation Act, ParHament in England has met 
 once a year. 
 
 These statutes of Edward II. and Edward III. 
 were of course in operation in Ireland under Poynings' 
 Law ; their provisions were, however, disregarded 
 more flagrantly in Ireland than in England. " Of the 
 seventeenth century," says Grattan, " nearly 85 years 
 at different intervals passed without a Parliament : 
 from 1585 to 1 61 2, that is 27 years, no Parliament; 
 from 161 5 to 1634, 19 years, no Parliament; from 
 1648 to 1 66 1, 13 years, no Parliament ; from 1666 till 
 1692, that is 26 years, no Parliament. Before the 
 Revolution, it thus appears that, wdth the rights and 
 name, Ireland had not the possession of a Parlia- 
 mentary constitution ; and it will appear that, since 
 the Revolution, she had no constitutional Parliament. 
 From 1692 till 1768, near 70 years, almost two-thirds 
 of a century, the tenure was during the life of the king." 
 
 Ireland never had a Bill of Rights. In the first 
 Parliament that was held after the Revolution, the 
 heads of a Bill containing the chief provisions of the 
 Bill of Rights were sent to England. It was, how- 
 ever, never returned. From 1692 till 1782 Parlia- 
 ments met biennially ; from 1782 till 1800 there were 
 annual sessions. 
 
 2. TJie Mtitiny Act. — The first English Mutiny 
 Act was passed in 1689. It was a temporary measure, 
 framed for the purpose of suppressing a mutiny which 
 * " Irish Debates," vol. xiv. p. 84.
 
 Mutiny Act. 75 
 
 had broken out in some regiments under orders for 
 foreign service* It was found so conducive to mili- 
 tary discipline that its provisions have been re-enacted 
 every year, with the exception of a few years in 
 William III.'s reign. The continuance of the Mutiny 
 Act is limited to a year. It provides the sole means 
 of enforcing military discipline and keeping the army 
 together. It asserts the clause of the Bill of Rights, 
 whereby the raising or keeping of a standing army 
 within the kingdom in time of peace, except with the 
 consent of Parliament, is declared to be against law, 
 and it asserts that it is adjudged necessary by the 
 Sovereign and by Parliament that a body of forces 
 should be maintained for the safety of the kingdom, 
 and that an exact discipline should be observed. 
 After reciting the provisions of the Petition of Right, 
 and of 31 Car. II., c. i, against the billeting of soldiers, 
 it suspends those provisions, and permits billeting 
 in inns and victualling houses. 
 
 There was no ^^lutiny Act in Ireland previous to 
 1779. Discipline in the army was maintained, and 
 prisoners were tried by court-martial, and punished, 
 either under the provisions of the English Mutiny 
 Act or under a prerogative of which it might be 
 contended the Irish Crown had not been deprived. 
 When the sentiment against the validity of English 
 laws in Ireland became general, it was seen that no 
 convictions could be obtained for offences against the 
 English Mutiny Act. 
 
 * Macaulay's " History of England," vol. iii. pp. 45, 4^.
 
 jC:) The Irish Parliament. 
 
 Under these circumstances, the heads of an Annual 
 Mutiny Bill, which were introduced into Parliament, 
 passed the House of Commons. They were, however, 
 returned from England with the limitation as to time 
 expunged. The Parliament accepted the alteration, and 
 thus a perpetual Mutiny Act passed, containing no 
 assertion of the necessity of the assent of Parliament 
 to the maintenance of an army in time of peacc^ 
 In 1782 this perpetual Mutiny Act was repealed, and 
 from that time till the Union, a Mutiny Act was 
 passed annually, framed on the model of the English 
 Act, and containing the same provisions and recitals. 
 
 3. The Habeas Corpus Act. — The celebrated Eng- 
 lish statute known as the Habeas Corpus Act, 
 was passed in 1679. Mr. Hallam observes that it is 
 a common mistake to suppose " that this statute en- 
 larged to a great degree our liberties, and forms a 
 sort of epoch in their history. But though a very 
 beneficent enactment, and eminently remedial in 
 many cases of arbitrary imprisonment, it introduced 
 no new principle, nor conferred any right upon the 
 subject." " It was not to bestow an immunity from 
 arbitrary imprisonment, which is abundantly provided 
 in Magna Charta (if, indeed, it were not much more 
 ancient), that the statute of Charles II. was enacted, 
 but to cut off the abuses by which the Government's 
 
 * This measure was severely condemned by Edmund Burke ; he 
 characterises it "as the perpetual establishment of a military power in 
 the dominions of this Crown without the consent of the British Legis- 
 lature, contrary to the policy of the Constitution, contrary to the 
 Declaration of Rights." — "Irish Affairs," pp. 130, 131.
 
 Habeas Corpus Act. 77 
 
 lust of power, and the servile subtlety of Crown 
 lawyers, had impaired so fundamental a privilege."* 
 
 The heads of the Bill extending the provisions of 
 the Habeas Corpus Act to Ireland had again and 
 again been transmitted to England but were never 
 returned. Indeed, the Irish Privy Council had been 
 told " to transmit the Bill no more." Such a Bill was, 
 in the words of Lord Harcourt, when Lord-Lieutenant, 
 in a letter written to Lord Rochford, dated March 6th, 
 1774, "held irreconcilable with the idea of a depen- 
 dency." It was regarded as " a solecism in politics to 
 make the constitution of a colony the same as that of 
 the mother country." " The Catholics must be cither 
 admitted to the protection of it, or be excluded." The 
 Viceroy then proceeds to state what seem to him the 
 dangers either of admitting or excluding them — throw- 
 ing on the English Council the onus of arriving at a 
 decision. t 
 
 When, in 1781, the heads of a Habeas Corpus Bill 
 were introduced, Mr. Eden, the Secretary, said "that 
 from the usage of Ireland, which was the common 
 law of the realm, and from the conduct of the Judges, 
 the Habeas Corpus Act was in operation in Ireland, 
 though not under the authority of Statute," % but 
 admitted that the rights of the subject should be 
 secured by positive law. A Habeas Corpus Act was 
 accordingly passed which, while differing in some 
 
 * See "Constitutional History," vol. iii. pp. lO — 15. 
 
 t See Froude's "English in Ireland," vol. ii. pp. 17S, 179. 
 
 J "Irish Debates," vol. i. p. 31.
 
 78 The Irish Parliament. 
 
 unimportant particulars from the English statute, 
 contained a clause enabling the operation of the Act 
 to be suspended by the Lord -Lieutenant and Privy 
 Council, in the event of actual invasion or rebellion in 
 Great Britain or Ireland.'^ 
 
 4. The Independence of the Judges. — The Act 
 of Settlement provides that after the accession 
 of the House of Hanover the English Judges' com- 
 missions should be made during good behaviour, 
 and their salaries ascertained and established ; but 
 upon the address of both Houses of Parliament it 
 may be lawful to remove them. "William HL," 
 says Mr. Hallam, "gave an unfortunate instance of 
 his very injudicious tenacity of bad prerogatives in 
 refusing his assent in 1692 to a Bill that had passed 
 both Houses for establishing this independence of 
 the judges by law, and confirming their salaries." f 
 From the first year of George I., however, English 
 judges have been independent. The independence of 
 the Irish judges was not secured by a provision similar 
 to that contained in the Act of Settlement till 1782. 
 " English Ministers had," says Mr. Froude," been pecu- 
 liarly tenacious of their power to remove them (the 
 Irish judges) at will." J The heads of a Judges' Tenure 
 Bill had again and again been forwarded, but had not 
 been returned by the Privy Council. The history of a 
 few of these Bills may perhaps, be given as showing 
 
 * 21 & 22 Geo. III., In, c. II. 
 
 t "Constitutional History," vol. iii. p. 194. 
 X " English in Ireland," vol. ii. p. 59.
 
 IXDF.PEXDENCF. OF THE JUDGES. /() 
 
 the species of opposition the extension to Ireland of 
 any constitutional measure had to encounter. In 
 1767 Lord Townshend, then Viceroy, made mention, in 
 a speech from the throne, that he had been instructed 
 to recommend that provision should be made for 
 securing the judges in their seats during good be- 
 haviour. For this he was sharply reprimanded by 
 Lord Shelburne, inasmuch as he exceeded his in- 
 structions, which were merely to speak in private 
 conversation, and in general terms, to influential 
 politicians of the determination of the Government to 
 support a Judges' Bill and other popular measures* 
 Immediately the heads of a Bill assimilating the 
 tenure of the Irish judges to that of the English 
 judges were passed in the House of Commons and 
 transmitted to the Privy Council. 
 
 " The English Ministers/' says Mr. Lecky, " were 
 determined that the Irish Privy Council should be 
 recognised as an essential part of the Irish Constitu- 
 tion, and that the dependence of Ireland on the 
 English Parliament should be emphatically asserted. 
 Shelburne wrote to Townshend that the Irish judges 
 should be removable only upon a representation of 
 the two Irish Flouses of Parliament and the Irish 
 Privy Council, conjointly or upon an address of the 
 two Houses of the British Parliament. Townshend 
 at once summoned the confidential servants of the 
 Crown, and directed them to have clauses to this 
 effect inserted in committee ; but they all answered 
 
 * " English in Ireland,"' vol. ii. pp. 59, 60.
 
 8o The Irish Parliament. 
 
 that such clauses would be rejected with indignation, 
 and they entreated him to keep it secret that they 
 had ever been thought of. The Bill was therefore 
 suffered to proceed to England in a form correspond- 
 ing with the English Act, but it was returned with 
 clauses making it necessary for addresses of the two 
 Irish Houses for the removal of a judge to be certified 
 by the Privy Council, and making the Irish judges 
 removable by the British Parliament. The Irish 
 House of Commons at once rejected the Bill ; and the 
 promise in the speech from the throne was branded, 
 with some reason, as not' much better than a de- 
 ception." * 
 
 Nine years afterwards (in 1776) Lord Harcourt, in 
 transmitting the heads of a Judges' Tenure Bill, thus 
 wrote to Lord Weymouth : — " The state of the 
 country duly considered, I am persuaded it would 
 be undesirable to make the commission of judges to 
 continue during good behaviour. So many incon- 
 veniences would result from such a Bill that I trust it 
 will not be deemed proper to return it to Ireland." f 
 
 Again, in 1780, on the rejection of the heads of a 
 Judges' Tenure Bill by the English Privy Council, 
 Lord Buckingham, the Lord Lieutenant of the day, 
 thus writes : — " As the having the commissions of the 
 Irish judges the same as in England, has been a 
 favourite wish in this country, it was never, as I 
 
 * "England in the Eighteenth Century," vol. iv. pp. 374, 375. 
 See " English in Ireland," vol. ii. pp. 59 — 68. 
 t " English in Ireland," vol. ii. pp. 200, 201.
 
 Jndepi-a'dence of the Judges. 8i 
 
 understand, thought expedient to oppose the heads in 
 the House of Commons, the reasons upon which these 
 heads have been disapproved by his Majesty's British 
 servants not being of a nature to be agitated here 
 even in quiet times." "^ 
 
 In September, 1781, Lord Carlisle, then Viceroy, 
 recommends the English Privy Council to pass this 
 Bill. Lord Hillsborough thus replies : " As to giving 
 the Irish judges the same position which the judges 
 had in England . . . the King's servants had to 
 observe that nothing could be more dangerous and 
 improper than such an Act without the clauses which 
 were inserted by the Privy Council in the former Bill, 
 on which it was thrown out by the House of Commons 
 in Ireland." f 
 
 One of the first Acts of the free Irish Parliament 
 in 1782 was to secure an upright administration of 
 the law, by giving the Irish judges the independence 
 enjoyed by the English judges for a period of sixty- 
 two years previously. J In the eloquent words of 
 Flood, " The Houses of Parliament were made guar- 
 dians of the integrity of the Bench." § 
 
 5. Money Bills. — "The jealousy of the House of 
 Commons in England at all periods to originate all 
 grants of money and money bills, and to pass them 
 
 * Froude, " English in Ireland," vol. ii. p. 269. 
 
 + Froude, "English in Ireland," vol. ii. p. 315. 
 
 X 21 & 22 Geo. III., Ir., c. 50. 
 
 § "Irish Debates," vol. v. p. 16. An English Statute passed in i 
 Geo. III., provides that judges should continue in office, notwithstanding 
 the demise of the Crown. The Irish Statute incorporates the provisions 
 of this Statute and of the clause in the Act of Settlement. 
 F
 
 82 The Irish Parliament. 
 
 unaltered by the Lords or Crown is," says Lord Chief 
 Justice Whiteside, "proverbial. It has been carried 
 to a ridiculous extreme.^ From the ninth of 
 Henry IV. the principle has been recognised in 
 England that Money Bills must originate in the Lower 
 House.f From the period of Charles I. the name of 
 the Lords has been omitted in the preamble of the 
 Bills of Supply, the Commons reciting the grant as if 
 wholly their own, but in the enacting words adopting 
 the customary form of statutes. % In 1671 the Com- 
 mons resolved, " That in all aids given to the King 
 by the Commons the rate or tax ought not to be 
 altered by the Lords.^' § Since the Revolution they 
 "have still further extended their privilege " by not 
 receiving from the House of Lords any Bill which 
 imposes a pecuniary penalty on offenders, nor per- 
 mitting them to alter the application of such as had 
 been imposed below." || " Taxation," says Lord 
 Chatham, " is no part of the governing or legislative 
 power. The taxes are a voluntary gift and grant of 
 the Commons alone. In legislation the three estates 
 of the realm are alike concerned, but the concurrence 
 of the Peers and the Crown to a tax is only necessary 
 to clothe it with the form of a law. The gift and 
 grant is of the Commons alone." ^f 
 
 * "Life and Dcatli of the Irish Pailiament," p. no 
 f irallam, "Middle Ages," vol. iii. p. 103. 
 X Hallani, "Constitutional History," vol. iii. p. 29. 
 § Hallam, "Constitutional History," vol. iii. p. 30. 
 II Hallam, "Constitutional History," vol. iii. p, 32. 
 II May, "Constitutional History," vol. ii. p. 104.
 
 MOXEY BjLLS. 83 
 
 In Ireland, before 1782, Bills were certified by the 
 Privy Council in Ireland to the Privy Council in 
 England as a reason for summoning a new Parlia- 
 ment. As if to accentuate in the most invidious 
 manner the fact that the Irish House of Commons 
 was deprived of privileges asserted and maintained 
 by the English House, it was customary that one 
 of these Bills should be a Bill of Supply. 
 
 In the very first Irish Parliament after the Revolu- 
 tion, of 1688, the Parliament of 1692,'^ two Money Bills 
 were thus originated by the Privy Council. The 
 House of Commons passed one to meet the exigencies 
 of the Government. The other they rejected, alleg- 
 ing by a resolution " that it was and is the undoubted 
 right of the Commons of Ireland in Parliament 
 assembled to prepare and resolve the ways and 
 means of raising money." The Viceroy, Lord Sidnc}-, 
 
 * The first Parliament which actually sat after the Revolution of 
 1688 was the Parliament convened by James II., subsequently to his 
 "abdication" of the throne. This Assembly cannot, from a constitu- 
 tional point of view, be regarded as a legally convened Parliament. Mr. 
 Lecky has, however, done much to rescue its memory from the avalanche 
 of abuse with which a certain school of writers have overwhelmed it. 
 Edmund Burke thus refers to this Parliament : "The Irish Parliament 
 of 17S2 bore little resemblance to that which sat in that kingdom after 
 the period of the Revolution of i6SS. It bore a much nearer resemblance 
 to that which sat under King James. The change of the Parliament in 
 1782 from the character of the Parliament which, as a token of its in- 
 dignation, had burned all the journals indiscriminately of the former 
 Parliament, in the Council Chamber was very visible. The address of 
 King William's Parliament — the Parliament which assembled after the 
 Revolution — amongst other causes of complaint (many of them suffi- 
 ciently just) complains of the repeal by their predecessors of Poynings' 
 Law ; no absolute idol with the Parliament of 1782.' " Irish Affairs," 
 p. 242.
 
 84 The Irish Parliament. 
 
 prorogued and afterwards dissolved this Parliament, 
 pronounced the vote of the Commons to be " contrary 
 to the laws of their constitution," and required his 
 protest to be entered on the journals."^ 
 
 In 1760, at the accession of George III., the Lords 
 Justices and the Irish Privy Council remonstrated on 
 the practice of sending over Money Bills as a reason 
 for summoning Parliament. The English Privy Council, 
 however, insisted on a proceeding which the Irish Parlia- 
 ment regarded as a wanton invasion of their privileges. 
 
 The Money Bill was certified, and was on this 
 occasion easily carried through Parliament — Gerard 
 Hamilton, who was secretary to the Lord-Lieutenant, 
 thus maintaining in the Irish House of Commons the 
 right of another body to originate Money Bills. " As 
 to the analogy between this and the British House 
 of Commons, every argument must be inconclusive 
 which means to assimilate things which are in their 
 very form and origin — in their very first concoction 
 — not only different, but opposite. The two Con- 
 stitutions were once indeed on the same model." 
 " The plan of Poynings' Act was to remove the Irish 
 Constitution from the ground on which it stood — 
 to change the model of it — and to make it not only 
 different, but in some respects the very reverse of 
 the English House of Commons." f 
 
 * Whiteside's " Life and Death of the Irisli Parliament," pp. iii, 
 112. Froude's " English in Ireland," vol. ii. pp. 253, 254. 
 
 t Whiteside, "Life and Death of the Irish Parliament," p. 113. 
 This speech is subjoined to a work of Gerard Hamilton's, entitled 
 " Parliamentary Logick."
 
 MoxEY Bills. 85 
 
 Money Bills, however, which were originated by the 
 Privy Council were generally rejected, and their mere 
 rejection was not resented ; for although the English 
 Government claimed the right to originate Money 
 Bills, the right of the Irish Parliament to reject them 
 was not disputed. In 1769, however, the first Parlia- 
 ment that met after the Octennial Act threw out the 
 Money Bill which had been certified by the Privy 
 Council as the cause for summoning it, and passed a 
 resolution stating that this Bill had been rejected 
 "because it did not take its rise in the House of 
 Commons." 
 
 This resolution was construed by the Government 
 to be a denial of their right to originate Money Bills, 
 Lord Townshcnd protested against it as an infringe- 
 ment of Poynings' Law, and prorogued Parliament."^ 
 
 In the interval between 1782 and 1800 the Irish 
 House of Commons exercised all the privileges of 
 the English House of Commons with respect to 
 Money Bills. 
 
 6. TJie Lmv of Treasdn. — In England, imme- 
 diately after the Revolution of 1688, many important 
 safeguards were provided by statutes for persons 
 charged with the crime of high treason. Thus, the 
 7th William III. c. 3, enacts that every person who 
 shall be accused and indicted under the 25th Edward 
 III. shall have a true copy of the whole indictment 
 delivered to him upon request five days at least before 
 
 * For full account of this transaction see "England in the 
 Eighteenth Century," vol. iv. pp. 390—392.
 
 86 The Irish Parliament. 
 
 he shall be tried for the same, to enable him to advise 
 with counsel thereon to plead and make his defence. 
 It also provides that so many counsel as the prisoner 
 shall desire, not exceeding two, shall upon his request 
 be assigned by the Court to plead for and assist him 
 in making his defence ; that no person is to be tried 
 or attainted of high treason but upon the oaths of 
 two witnesses ; that there must be two witnesses to 
 each distinct species of treason, and that the indict- 
 ment must be found within three years after the 
 offence. A statute of Anne* further provides that a 
 list of jurors and witnesses, together with a copy of 
 the indictment, shall be delivered to any party in- 
 dicted for treason ten days before the trial. 
 
 These great provisions found no place in the Irish 
 statute book. In 1765, indeed, by an Irish statute, 
 the prisoner in cases of treason was accorded the 
 privilege of a copy of the indictment and of having 
 counsel assigned to aid him in his defence.f From 
 the other securities afforded by these statutes to 
 persons in peril on a charge of high treason in 
 England a prisoner similarly situated in Ireland 
 was excluded. 
 
 In the celebrated case of Sir John Fenwick, in the 
 reign of William III., one of the two witnesses re- 
 quired by the law of England to substantiate a charge 
 of treason was prevailed on by the wife of the accused 
 to quit the kingdom. It became impossible, accord- 
 
 * 7 Anne, c. 21. 
 
 t 5 Geo. III. Ir., c. 21.
 
 High Treason . ^j 
 
 ingly, to obtain a conviction in the course of law. 
 Resort was had to a Bill of Attainder, which became 
 law, and under whose provisions Sir J. Fenwick 
 suffered the penalties of high treason. " The jealous 
 sense of liberty," says Mr. tiallam, "prevalent in 
 William's reign, produced a very strong opposition to 
 this Bill of Attainder." * The constitutional aspect 
 of the question is to this hour a matter of animated 
 discussion. 
 
 In Ireland, however, no such controversy could 
 have arisen — the one witness who was forthcoming 
 would have been abundantly sufficient to convict the 
 prisoner in accordance with the ordinary rules of law. 
 
 On the 29th April, 1795 — nearly a century after 
 Sir J. Fenwick's attainder — Mr. Curran, from his place 
 in the Irish House of Commons, moved for leave to 
 bring in a Bill for amending the Irish laws in cases of 
 high treason, in a speech, in the course of which "he 
 alluded to the difference which was said to exist 
 between the laws relative to high treason in this 
 country and Great Britain, in the latter of which 
 two witnesses were necessary in order to convict the 
 accused, while in this country a single ^\•itness was 
 deemed sufficient." f 
 
 Mr. Curran's Bill never became law. It was not 
 till 1 82 1 that the remaining provisions of the statute 
 of William III.,^ and not till 1854 that the pro- 
 
 * See Ilallam, "Constitutional History." vol. iii. pp. 131 — 133. 
 t " Irish Debates," vol. xv. p. 200. 
 J I & 2 Geo. IV. c. 24.
 
 88 The Irish Parliameni: 
 
 visions of the statute of Anne were extended to 
 Ireland.^ 
 
 7. Appropriation of Supplies. — " The great and 
 fundamental principle," says Mr. Hallam, " that the 
 money voted by Parliament is appropriated, and can 
 only be applied to certain specified heads of ex- 
 penditure, was introduced (in England) in the reign 
 of Charles II., and generally, though not in every 
 instance, adopted by his Parliament. From the 
 Revolution it has been the invariable usage. The 
 Lords of the Treasury, by a clause annually repeated 
 in the Appropriation Act of every session, are for- 
 bidden, under severe penalties, to order by their 
 warrant any moneys in the Exchequer, so appro- 
 priated, from being issued for any other service, and 
 the officers of the Exchequer to obey any such 
 warrant. This has given the House of Commons so 
 effectual a control over the executive power, or, more 
 truly speaking, has rendered it so much a participator 
 in that power, that no Administration can possibly 
 subsist without its concurrence, nor can the session of 
 Parliament be intermitted for an entire year without 
 leaving both the naval and military force of the 
 kingdom unprovided for." | 
 
 In Ireland the absence of such a provision was, in 
 the year 1753, strikingly exemplified. Lord Chief 
 Justice Whiteside thus relates this remarkable inci- 
 dent : " An amusing yet conclusive example of the 
 
 * 17 and 18 Vict., c. 26. 
 
 t Hallam, "Constitutional History," vol. iii. p. 117.
 
 Appropriation of Supplies. 89 
 
 imbecility of our Senate is furnished by the result of 
 the memorable dispute between the Irish House of 
 Commons and Primate Stone, another intriguing 
 English prelate, then a Minister, and representing the 
 Irish Executive, as to the disposal of an unexpected 
 surplus of iJ^200,000 in the Irish Treasury after all 
 charges on the public funds had been paid. The 
 Irish House of Commons insisted they had the right 
 to appropriate the money they had granted. The 
 local Executive replied that such a doctrine had never 
 before been heard of in Ireland. The dispute waxed 
 hot, meanwhile the money was drawn out by a king's 
 letter, and disposed of according to the pleasure of the 
 Crown, leaving the disputants to quarrel about the 
 shell when the oyster was gone." ^ 
 
 The advocates of constitutional liberty long un- 
 successfully endeavoured to assimilate the laws of the 
 two countries in this respect, and bitterly deplored 
 that so precious a right was withheld from Ireland. 
 "In Ireland," says George Ponsonby, "the revenues 
 are not appropriated ; in England they are. In Ire- 
 land the Crown draws what money it thinks proper 
 out of the Treasury in England ; it cannot apply a 
 shilling but to the purposes for which it is appro- 
 priated."t At length, in 1793, the Appropriation 
 Bill became law, the revenue of the country being 
 thereby vested in responsible commissioners. 
 
 * " Life and Death of the Irish Parliament," pp. io8 — 9. See Ilal- 
 lam'saccountof thistransaction, "Constitutional History," vol. iii.p.408. 
 t " Irish Debate " vol. x. p. 386.
 
 90 The Irish Parliament. 
 
 8. Placemen and Pensioners in Parliament. — It 
 was provided by the Act of Settlement that no person 
 who has an office or place of profit under the king, or 
 receives a pension from the Crown, shall be capable 
 of serving as a member of the House of Commons of 
 England. This section was repealed by the 4th Anne, 
 c. 8, before it came into operation. It is, however, 
 of value to the student of constitutional law, as the 
 fact of such a clause — which would exclude every 
 Minister of the Crown from the House of Commons 
 — having passed into law demonstrates the modern 
 origin of our ministerial system. By the 6th Anne, c. 7, 
 it is provided that every member of the House of 
 Commons accepting an office under the Crown, 
 except a higher commission in the army, must 
 vacate his seat, but may be re-elected ; while persons 
 holding offices created since the 25th October, 1705, 
 are incapacitated from being elected or re-elected 
 members of Parliament. It excludes those who hold 
 pensions during the pleasure of the Crown, and enacts 
 that no greater number of commissioners should be 
 appointed to execute any office than had been em- 
 ployed in its execution at some time before that 
 Parliament. By the Reform Act of 1867 members 
 who may be removed from one office under the Crown 
 to another are relieved from the ordeal of re-election."^ 
 
 In Ireland many efforts were made to obtain a 
 Place and Pension Bill similar to the English statute, 
 The pensions charged on the Civil List were such 
 
 * 30 & 31 Vict., c. 102, s. 52, and sch. 4.
 
 Placemex and Pexsioxers. 91 
 
 an intolerable grievance, that in 1757 the House of 
 Commons passed resolutions denouncing their in- 
 crease, which they compelled the Lord-Lieutenant, 
 under threat of withholding the supplies, to forward 
 to the king. In 1763 the heads of a Bill, copied. from 
 the English Place Act, were described as " very 
 popular. The increase of places and pensions, how- 
 ever, grew apace despite all the efforts of the country 
 party to check it." * 
 
 Mr. Grattan, in supporting Mr. Forbes's annual 
 Pension Bill, in 17 89, which passed the House of 
 Commons that year, but was lost in the Lords, thus 
 spoke : " When gentlemen call this Bill an attack on 
 the prerogative of the Crown they are answered by 
 the principles of the Constitution ; but they are 
 also answered by a precedent of a most decisive 
 nature, and that precedent is this very Bill which is 
 now the law of England. By the law of England 
 no pensioner for years or during pleasure can sit in 
 Parliament, and by the law of England the amount 
 of pensions is limited. The first law passed at the 
 time of the Revolution, and was improved in the 
 reign of Queen Anne. The latter passed in 1782, 
 with the entire concurrence of these very persons 
 who now constitute this Administration. Yet the 
 argument of prerogative would have been stronger 
 in England, because there a Civil List has been 
 granted to the king, and the subsequent limitation 
 
 * See Lecky's " England in the Eighteenth Century," vol. iv. pp. 
 365—367. 371-
 
 92 The Irish Parliament. 
 
 of pensions in that list seemed a revocation of the 
 powers of the grant. On what authority, then, or 
 pretence do gentlemen call a measure which they 
 supported as necessary for England, an invasion of 
 the rights of the Crown when proposed for the benefit 
 of Ireland ? What pretence have they for such a 
 partial doctrine of unequal measure? As if that 
 was an infringement in Ireland which in England 
 was constitutional, or as if what was moderation in 
 the people of England would be in those of Ireland 
 arrogance and presumption."* 
 
 " In 1793 the Parliament of Ireland adopted the 
 principles of the English Act of Anne, and disquali- 
 fied the holders of all offices under the Crown and 
 Lord-Lieutenant created after that time."t 
 
 Writing in 1792, a year before that enactment, 
 Lord Mountmorres says, " Employments in Ireland 
 do not vacate seats, and in England the Chiltern 
 Hundreds appear to have been offices devised to 
 carry a point by a manosuvre." % After 1793 the 
 Escheatership of Munster served a similar purpose 
 for the members of the Irish Parliament. Before that 
 time a seat in the Irish Parliament was vacated only 
 in the following instances — by death, by being made 
 a peer or a judge, or by taking holy orders. § 
 
 9. Economic Reform. — The year 1782 was sig- 
 nalised in England by Lord Rockingham's great 
 
 * "Irish Debates," vol. vi. p. 310. 
 
 t May's " Constitutional History," vol. i. p. 373. 
 
 X Mountmorres's "Irish Parliament," vol. ii. pp. 189, 190. 
 
 ^N Mountmorres's "Irish Parliament," vol. ii. p. 8.
 
 Economic Reform. 93 
 
 measure of economic reform which was the product of 
 the genius of Edmund Burke. 
 
 "In Ireland the pension list, which in 1757 had 
 amounted to ;^40,ooo was trebled in the first thirty 
 years of George III., and in 1793 had reached the 
 prodigious sum of ;^i 24,000. But the abuse had now 
 worked itself out, and could be tolerated no longer. 
 In that year, therefore, the Government itself proposed 
 a change which was readily adopted by the Irish 
 Parliament. The hereditary revenues were surrendered 
 to Ireland — as they had previously been surrendered 
 in England — in exchange for a fixed civil list of 
 ;i^i45,ooo, exclusive of pensions, and a pension list of 
 ;^ 1 24,000, to be eventually reduced to ;^8o,ooo. Mean- 
 while the Crown was restrained from granting pensions 
 in any one year exceeding i^ 1,200, but still retained 
 and exercised the power of granting pensions for life 
 and in reversion." * 
 
 10. Laivs affecting Religions Liberty. — In 1778 
 the first Roman Catholic Relief Act was passed in 
 England. The penalties which were then repealed 
 were imposed in 1700. They were the perpetual 
 imprisonment of priests for officiating in the services 
 of their Church, the forfeiture of the estates of 
 Roman Catholic heirs educated abroad in favour of the 
 next Protestant heir, and the prohibition to acquire 
 
 * May, " Constitutional History," vol. i. pp. 259, 260. For a very 
 clear and succinct account of the hereditary revenues of the Crown in 
 Ireland, see speech of Hely Hutchinson, " Irish Debates," vol. xiii. 
 pp. 476, 477. See also Lecky's " England in the Eighteenth Century," 
 vol. ii. pp. 223, 224.
 
 94 l^np' Irish Parliament. 
 
 land by purchase. This Act, which passed unanimously 
 through the Houses of Parliament, gave rise to the 
 riots of 1780, which are associated with the name of 
 Lord George Gordon. These disturbances postponed 
 all measures for further relief of Roman Catholics till 
 1 79 1, when the Roman Catholics in England on taking 
 an oath not obnoxious to their general body, were 
 secured complete freedom of worship and education, 
 while their property was exempted from invidious 
 regulations, the practice of the law opened to them 
 in all its branches, and the ancient privilege of inter- 
 course with the king restored. * When^ however, 
 in 1823 Lord Nugent sought to extend to English 
 Catholics the elective franchise given to Irish 
 Catholics by the Irish Parliament in 1793, the 
 measures miscarried in the Lords, and, though re- 
 peatedly brought into Parliament, did not become 
 law.f The elective franchise was not extended to 
 Roman Catholics in England till 1829. 
 
 O'Connell thus described, in 1843, the efforts of 
 the Irish Parliament in the cause of religious liberty, 
 " But for the Union we should have been emancipated 
 by our Protestant fellow-countrymen long before. In 
 1778 they restored the Catholics to the equal enjoy- 
 ment of all property they then held, and enabled 
 them to acquire long terms for years in lands. In 
 1782 the Irish Protestants restored the Catholics to 
 the capacity of acquiring every species of freehold 
 
 * May's "Constitutional History," vol. iii. pp. 96 — 99, 106, 107. 
 + May's "Constitutional History," vol, iii. p. 151.
 
 Civil and Religious Liberty. 95 
 
 property, and to enjoy it equally with Protestants. 
 In 1792 and 1793 the learned professions were to a 
 certain extent opened to Catholics — the grand-jury 
 box, the magistrac}', partial rank in the army, were all 
 conceded by the Irish Protestants to their Catholic 
 fellow-countrymen. But, greatest of all, the elective 
 franchise was restored. Under these circumstances, 
 but for the Union, ' full and complete emancipation 
 would have been conceded before 1803."^ 
 
 * Discussion in Dublin Corporation on Repeal of the Union in 1843, 
 p. 50. 
 
 THE END. 
 
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