Historical Review of the Legislative Systems operative in Ireland, from the invasion of Henry the Second to the Union, etc

Front matter

HISTORICAL REVIEW OF THE LEGISLATIVE SYSTEMS OPERATIVE IN IRELAND. HISTORICAL REVIEW OF THE LEGISLATIVE SYSTEMS OPERATIVE IN IRELAND, FROM THE INVASION OF HENRY THE SECOND TO THE UNION (i 172 — 1800). BY THE RIGHT HON. J. T. BALL, LL. D., D. C. L. NEW EDITION, REVISED THROUGHOUT AND ENLARGED. LONDON: LONGMANS, GREEN, AND CO., AND NEW YORK : 13 EAST i6"> STREET. DUBLIN: HODGES, FIGGIS, AND CO. 1889. DUEI.1N : PRINTED AT THE UNIVERSITY PRESS, KV PONSONIiV AND WELDRICK.

Preface

. Recent political discussion has attracted attention to the legislative systems operative in Ireland prior to its Union with Great Britain. If, however, we desire to ascertain what is recorded of them, and to examine their respective characteristics, we must proceed to search for the requisite facts through the entire series of events with which the general history of the country is concerned. There is as yet wanting a consecutive narrative which shall trace the succession of these systems to each other, the forms they respectively assumed, and their distinctive peculiarities. In the following pages it is sought to supply the deficiency. At the same time, it is intended also to consider the controversies connected with the claim made by the English Parliament to legislate for Ire land, with the relinquishment of that claim in vi Preface. 1782, and with the Union of Great Britain and Ireland in 1800 — excluding, however, from the last of these subjects questions which have been raised respecting the means employed to induce adoption of the policy of Union by the Irish Parliament, and also respecting the degree of support which, when proposed, this policy received outside Parliament, as such questions could not be satisfactorily investigated without a minute and lengthened examination of evidence, disproportioned to the limits proposed for this treatise.

April, 1888. In the present edition I have endeavoured to correct errors, and supply omissions which have been observed in the former. Subjects also, and observations, which were then placed in the Appendix, have been introduced in the body of the treatise ; and some matters formerly ex cluded receive consideration. The result has necessarily been considerable additions to, and alterations of, the original text ; but in no Preface. VII instance has there consciously been any devia tion from the original scope and design, which proposed merely a narrative of events, and a record of the opinions entertained respecting them at the time when they occurred, without passing upon them the judgment which a later and more enlightened political philosophy might form. This course has at least the authority of Bacon to defend it, who pronounces it ' the true office of history to represent the events themselves, together with the counsels, and to leave the observations and conclusions thereupon to the liberty and faculty of every man's judgment.' J. T. B. August, i88g. CONTENTS.

Chapter I

(1172-1613.) PAGE henry n. with an army lands in Ireland, . . i receives the homage of lrish kings and chieftains, . i synod of cashel and council of lismore, . . 2 councils in henry's reign, . . . .3 councils of john, a.d. i204, ... .3 subsequent councils, . . . . -4 english law introduced, . . . . .5 privy council, ...... 6 wogan's parliament, a.d. 1 295, . . . .7 beginning of elective representation, . . .7 subsequent parliaments, . . . . .8 house of lords and house of commons, . . .ii the irish admitted into parliament, 33 hen. vtxi., . i 3 Elizabeth's first parliament, a.d. 1&60, . 13 poynings' law, . . . . . ■ '4 perrot's parliament, a.d. 1385, . . . ■ '5 parliament of james i., a.d. 1 6 1 3, . . . 1 7 convocation, a.d. 1613, . . . . .20

Chapter II. Irish Representatives Summoned To England

. ■ 23 CLAIM OF ENGLISH PARLIAMENT TO LEGISLATE FOR IRELAND, 24 ACTS OF PARLIAMENT ASSERTING THIS CLAIM, . . 25 IRISH PARLIAMENT ASSERTS ITS OWN EXCLUSIVE JURISDICTION IN IRELAND, . . . . . .26 DECISIONS OF THE ENGLISH COURTS ON THE AUTHOKITr OF THE ENGLISH PARLIAMENT IN IRELAND, . .28 Contents. X

Chapter III

( 1 613- 1 688.) PAGE parliament of 1 634, . . • • -34 parliament of 164o, . . . • -34 claims exclusive legislative jurisdiction, . ■ 3^ bolton's treatise, . . . • -37 'heads of bills' debated in irish parliament, . .38 adventurers' act, . . . - -39 confiscations enforced by the commonwealth, . . 40 irish members in english parliament (1654), . • 41 irish parliament of restoration, . . • 42 english acts of charles ii. affecting ireland, . . 43

Chapter IV

(1688- 1 700.) IRISH PARLIAMENT OF JAMES II. (1689.) . . -45 ENGLISH PARLIAMENT ANNULS ITS PROCEEDINGS, . . 46 IRISH PARLIAMENT OF WILLIAM AND MARY ( 1 692), . 48 IRISH PARLIAMENT OF 1 695, . . . -49 MOLTNEUX'S 'CASE OF IRELAND', . . . -5° EXPORT OF WOOL FROM IRELAND, EXCEPT TO ENGLAND, PRO- HIBITED BY ENGLISH PARLIAMENT, . . ■ S2

Chapter VII

(1700-17 1 9.) ALLEGED ANALOGY OF SCOTCH PARLIAMENT CONSIDERED, . 77 ACT OF UNION OF SCOTLAND WITH ENGLAND, . 83 EXAMPLE OF SCOTLAND INFLUENCES IRISH PARLIAMENT, . Contents. XI PAGE IRISH HOUSES OF LORDS AND COMMONS SUGGEST UNION OF IRELAND WITH GREAT BRITAIN IN 1703 AND I707, . 84 SUGGESTION NOT ENCOURAGED IN ENGLAND, . . -85 OUTSIDE PARLIAMENT UNION UNPOPULAR IN IRELAND, . 86 APPELLATE JURISDICTION OF ENGLISH HOUSE OF LORDS IN IRISH SUITS DISPUTED, . . . . .86 ACT OF 6 GEORGE I. (ENGLISH), . . . .88 CONVOCATION NOT SUMMONED AFTER 1 7 1 I , . . . 89

Chapter VIII

(1719-1760.) EFFECT OF ENGLISH ACTS AFFECTING IRISH TRADE, . . 90 DISSATISFACTION WITH 6 GEORGE I. IN IRELAND, . ■ 9 ' SWIFT, . . . . . . -92 WOOD'S COINAGE, . . . . . -93 THE DRAPIER'S LETTERS, . . . . -94 PROSECUTION OF THE DRAPIER'S LETTERS, . . .96 ITS FAILURE, . . . . . .96 WOOD'S PATENT REVOKED, . . . . -97 CONSTITUTION AND CHARACTER OF THE IRISH HOUSE OF COM- MONS AT THIS TIME, . . . . -97 MODE IN WHICH THE IRISH PARLIAMENT WAS THEN MANAGED, 98 COMMONS ACTED WITH INDEPENDENCE AS TO FINANCE, . 99 LUCAS, . . . . . . -99 UNION THEN HAD NO ADVOCATES IN IRELAND, . .10 1 AN OPPOSITION FORMED IN THE HOUSE OF COMMONS, IO3

Chapter IX

( 1 760-1 780.) ACCESSION OF GEORGE III., . . . . . 1 04 OCTENNIAL ACT. . . . . . . 1 04 EFFECTS OF THIS ACT, . . . . -105 PARLIAMENT OF 1 768, . . . • . 106 PATRONAGE OF THE CROWN USED TO INFLUENCE VOTES IN PARLIAMENT, . . . . . . 106 FLOOD, . . . . . . .107 DISCONTENT OF THE HOUSE OF COMMONS WITH THE SUB- ORDINATE POSITION OF THE IRISH PARLIAMENT, . 108 VOLUNTEERS, . . . . ■ . IO9 Contents. XII PAGE VOLUNTEERS COMBINE WITH PARLIAMENT TO DEMAND FREE TRADE, . . . . • .III RESOLUTIONS OF COMMONS AS TO FREE TRADE, . . .Ill SUBSEQUENT PROCEEDINGS, . . . • .112 FREE TRADE CONCEDED, . . . • .112

Chapter X

(1780.) MOVEMENT IN IRELAND FOR LEGISLATIVE INDEPENDENCE, . 113 GEATTAN, . . . . . . . I 1 5 MOVES IN THE HOUSE OF COMMONS A RESOLUTION DECLARING THE RIGHTS OF THE IRISH PARLIAMENT, . . I 1 6 MOTION FAILS, . . . . . • ' ' 7 GRATTAN's SPEECH WHEN PROPOSING RESOLUTION, . I 1 7

Chapter XI

( 1 780-1 782.) OBJECT AND EFFECT OF GRATTAN's SPEECH, . . . 1 24 THE VOLUNTEERS, . . . . . 1 28 CONVENTION OF VOLUNTEERS AT DUNGANNON, . 1 29 GEATTAN MOVES IN THE HOUSE OF COMMONS RESOLUTIONS AS TO THE RIGHTS OF PARLIAMENT, . . . I3O MOTION ADJOURNED, . . . . . I30 MESSAGE FROM THE KING, APRIL 1 6, 1 782, . I 3 I TERMS INSISTED UPON BY GRATTAN, . . • '32

Chapter XII

(1782.) REPEAL OF THE ACT OF 6 GEORGE I., . . I 33 RENUNCIATION ACT, . . . . . • '35 REPEAL OF POYNINGS' LAW, . . . . I36 NEW CONSTITUTION MAKES NO PROVISION FOR THE CASE OF THE BRITISH AND IRISH PARLIAMENTS DISAGREEING, . 1 38 PROVISIONS TO AVERT THIS DANGER SUGGESTED BY THE DUKE OF PORTLAND, . . . . .139 REASONS WHY THESE WERE NEVER PROPOSED IN PARLIAMENT, 1 Contents. XIII

Chapter XIII

(1782-1786.) PAGE EFFECT OF CONSTITUTION OF 1 782, .... 143 PATRONAGE USED TO INFLUENCE THE IRISH PARLIAMENT, . 1 44 IN I785 DISAGREEMENT BETWEEN BRITISH AND IRISH PAR- LIAMENTS, . . . . . .146 COMMERCIAL RESOLUTIONS, 1 785, . . . 150

Chapter XIV

( 1 785-1 798.) TOLICY OF UNION REJECTED IN 1707 NOW AGAIN REVIVED, . 1 55 CONSIDERATIONS WHICH LED TO ITS REVIVAL, . .156 EFFECT OF EXAMPLE OF SCOTLAND, . . . 1 56 LITERARY ADVOCACY OF UNION, . . . 158 UNION UNPOPULAR IN IRELAND, . . . • '59 REGENCY QUESTION, . . . . . 1 60 CATHOLIC QUESTION, . . . . .163 PITT BEGINS IN 1 792 TO FAVOUR UNION, . . . 1 64 POLICY OF UNION DELAYED, . . . .165 EVENTS BRING IT FORWARD, . . . . 167

Chapter XV. Hindrances To The Policy Of Union

. . 1 7 I MOTIVES TO FAVOUR THIS POLICY, . . . 1 77

Chapter XVI

(1799.) MARQUIS CORNWALLIS APPOINTED LORD LIEUTENANT 1 798, . l8l COOKE's PAMPHLET, . . . . . l8l BILL FOR UNION IN PREPARATION (SEPTEMBER I 798), . 1 83 LORD CLARE, . . . . . .183 NO PROVISION IN THE BILL FOR UNION FOR REMOVAL OF CATHOLIC DISABILITIES, . . . .185 MESSAGE FROM KING TO BRITISH PARLIAMENT, I 799, . 1 85 SHERIDAN DISSENTS FROM ADDRESS, . . . 1 86 PITT REPLIES, . . . . . .188 AFTERWARDS INTRODUCES RESOLUTIONS DEFINING TERMS OF UNION, I 89 SPEECH OF PITT, 3 1 ST JANUARY, 1 799, . . 1 89 RESOLUTIONS CARRIED BOTH IN LORDS AND COMMONS IN ENGLAND, I Contents. XIV

Chapter XVII

(1799-) PAGE LORD LIEUTENANT'S SPEECH TO IRISH PARLIAMENT, JANUARY, 1799, . . . • • • '97 PROCEEDINGS LN COMMONS AND LORDS, . • • '97 GOVERNMENT DEFEATED IN FORMER, . • . I98 STATE OF PARTIES IN THE HOUSE OF COMMONS, . . I98 FOSTER, ...-••• 200 LORD CASTLEREAGH, ..... 200 REGENCY BILL PROPOSED, . . . . .201 SPEECH OF FOSTER AGAINST UNION, .... 202

Chapter XVIII. Difficulties In The Way Of The Ministerial Policy

. 206 PRIVATE INTERESTS UNION WOULD AFFECT, . . . 207 POWER OF OWNERS OF BOROUGHS IN IRELAND, . . 208 COMPENSATION TO BE GIVEN TO THEM, . . .210 EXERTIONS TO GAIN EXTERNAL SUPPORT FOR UNION, . 2 12 EFFECT OF THEM, . . . . . 2 I 3

Chapter XIX

(1800.) SESSION OF l800, . . . . . 215 LORD LIEUTENANT'S SPEECH, . . . 2 1 5 AMENDMENT TO ADDRESS MOVED IN COMMONS DEFEATED, . 2 1 6 RESOLUTIONS OF 1 799 ARE SENT BY LORD LIEUTENANT TO BOTH HOUSES, AND ARE CARRIED, . . . 2l6 ANALYSIS OF DIVISION LIST IN COMMONS, . . . 2 1 7 SAUR1N, BUSHE, GRATTAN, . . . . . 2l8 SPEECH OF LORD CLARE, . . . . 219 MOTION IN COMMONS TO ADDRESS CROWN FOR A DISSOLUTION OF PARLIAMENT DEFEATED, . . . .2 20 MOTION CONSIDERED, . . . . .2 20 MOTION MADE IN ENGLISH HOUSE OF COMMONS FOR SUSPENSION OF PROCEEDINGS FOR UNION DEFEATED, . .222 ACTS OF UNION PASSED BY BRITISH AND IRISH PARLIAMENTS, . 224 ACT COMPENSATING OWNERS OF DISFRANCHISED BOROUGHS, . Contents. XV

Chapter XX. Page

acts of union, . . . . . . 225 constitution of imperial parliament, . . .2 26 considered, . . . . . . 22j irish executive department not altered, . .228 objection that irish act of union extra vtres, . .226 the answers given to the objection, . . .229 no intermediate codrse or compromise proposed, . 233 sheridan's observations on the plan of a limited irish parliament, . . . . • 23s canning's observations on such a measure, . 236 objections to, from english point of view, . .238

Appendix

NOTES AND ILLUSTRATIONS, . . .258 INDEX, ....... 279 Corrigendum. — Page 65. In the second sentence of the last paragraph the words ' affirmative ' and ' negative ' have been accidentally exchanged. The sentence should be : — As Molyneux took the affirmative side, so those who answered him took the negative. Synod of Cashel. IRISH LEGISLATIVE SYSTEMS.

Chapter I

councils and parliaments. [1172— 1613.] r I authority of the Crown of England in Ireland dates from the winter of 1 172-3, when Henry II. — who in the previous month of October had landed near Waterford at the head of an army formidable rather from its valour and discipline than its number — received the homage of the principal kings and chieftains. At this period in England the Council (as the national legislature was called) had attained considerable importance, and its advice and assistance were sought whenever taxation or other needs of the government rendered such a proceeding neces sary or advisable. No institution of a similar character existed in Ireland from which Henry could ask a confirmation of the sovereignty that henceforward he assumed over the country : if he desired to refer to such an assembly, he B 7 2- 1 6 1 3.

Council of Lismore. must himself devise its form and give it being. National synods of the Irish clergy had, however, on various occasions been held, the last of them about twenty years before he came to Ireland. These were the legislatures of the Church. To have a Synod of the bishops and clergy summoned, would be merely to follow prece dents ; and if it came in obedience to Henry's wishes, and afterwards acted upon the policy of adopting English views of the questions con sidered, it must, from the superior intelligence and education of its members and the reverence entertained for their offices, exercise immense influence upon public opinion. He therefore caused a Synod of the Irish Church to meet at Cashel. Over this assembly Christian, Bishop of Lismore, the Papal Legate in Ireland, presided.

Several decrees were then made, of which one object 'was to bring the usages of the Irish Church more into harmony with those of the English Church than they had previously been. According to some contemporary historians, the Synod of Cashel was not the only assembly for legislative purposes which Henry, during his stay in Ireland, caused to be convened. Another, lay in character, although ecclesiastics may have been present, is by them narrated to have met at Lismore. The name of Council has been given to the meeting ; but, if held (for this cannot be considered certain, since some writers of the highest authority in reference to the period make 7 2- 1 6 1 3 . 3 Councils under Henry II Council summoned in Ireland A.D. 1204. no mention of such an event), it seems to have been rather a convention of Irish chieftains and of the leading English knights who, by the per mission or command of Henry, came to Ireland.

Those who were present upon this occasion are reported to have gratefully accepted the laws of England, and to have bound themselves by an oath to their observance.* Henry remained in Ireland about six months. There is some reason to think that after his departure Councils were during his reign summoned in Ireland, which resembled the English Councils, and were called for similar purposes and with similar powers. Evidence exists of legislation at that time, difficult to explain or account for, unless it were enacted by some such authority, and in the proceedings of at least one subsequent Parliament it is distinctly asserted that there had been institutions similar to itself from the ' time of the conquest by Henry Fitz Empress.' Moreover, it is improbable that the King did not afford to his Deputy in another country the assistance which he was himself accustomed to rely upon in his own.f But the extant records of Councils in Ireland resembling the English National Councils do not begin until after John's accession to the * See further as to the Council of Lismore, Note A of Appendix. f For evidence that Councils were held under Henry II. , see Note B of Appendix.

B Subse quent Councils Councils and Parliaments, 1 1 7 2- 1 6 1 3 . throne of England. The first is dated in the fifth year of his reign, a.d. 1204. Menaced by France, the King had obtained from the Eng lish Council an Aid (as supplies of money were then termed), and he now sought to procure a further Aid from an Irish Council. The writ or mandate for this Council is addressed to the Archbishops, Bishops, Abbots, Priors, Arch deacons, and the whole clergy in Ireland, and (as appears by a memorandum at foot of the record) also to the Earls, Barons, Justices, Sheriffs, Knights, Citizens, Merchants, Free holders (liberis tenentibus), and all other the King's faithful in Ireland (per Hibertiiam con stitutis). It refers to the Aid obtained in Eng land, and asks that those to whom it is addressed should give assistance (non consuetudinarie sed amabiliter ejficax nobis auxilium faciatis), in such manner as the Justiciary (Walter de Lacy) and others who were then sent over should declare unto them.* The constitution of this Council was imitated from the constitution of contemporary Councils in England.

This will be seen by comparing the persons to whom writs requiring attendance were to be addressed with the persons attending * This writ or mandate is contained in a Roll in the Tower of London. It is printed in full in Mr. Lynch's Trea tise, entitled A View of the Legal Institutions, Honorary Here ditary Offices, and Feudal Baronies of Ireland established during the reign of Henry II. : it will be found at p. 289 of the treatise. 72-1613. 5 English law intro duced into Ireland. similar assemblies in England. During the re mainder of the thirteenth century Councils con tinued to be summoned in Ireland, and they also follow the same models. The classes specified as those from which they were to be composed are, however, not always the same. Sometimes, too, the general terms magnates, communilas, are substituted for distinct enumeration of the persons whom the designation was intended to include.* It is not probable that more than a selection from the classes named in the mandate was on any occasion actually cited.

From the first the English who settled in Ire land seem, among and between themselves, to have adhered to the legal principles by which rights of person or property were determined in their own country. The gifts of land from the Crown were framed in conformity with the feudal system : they conferred upon the grantees the privileges, and required from them the duties, which according to that system were connected with the position of the chief tenants from the Crown. The legal consequences of such grants descended also to subordinate in terests created under them. If questions arose which the principles of feudalism did not answer, there was nothing in the local customs and usages to induce the emigrants to abandon the rules of their own jurisprudence in reference to * See Note C of Appendix. 72—1613. them.

But powerful as these circumstances were to establish the authority of the laws of Eng land in Ireland, it was not left to rest merely upon this basis. Positive enactments declared it. Omitting the decree of the Council of Lismore as a controverted matter, we have undoubted acts of John directing that these laws should be obeyed, and as undoubted confirmations of John's acts by Henry III.* English The language of all these enactments is wide garded in enough to include the entire island within its tricts. operation. No distinction was made in them between the native Irish and the persons of English racejwho had settled in the country. But their practical effect was very different from their apparent intention. Outside the districts inhabited by the English the old customs and usages continued : the laws sought to be im posed were not taken notice of, and the English Government made no attempt to enforce them.

Connexion As the English kings did not reside in Ireland, counciT they placed over the people a chief governor de i^tion.egls" riving his authority from themselves. At first this governor was termed the Justiciary or Deputy ;f * See Note D of Appendix. f Mr. Bagwell thinks that the first person who had the title of Lord Lieutenant (if we except an early case of de Courcy) was Lionel, Earl of Ulster and Duke of Clarence, one of the royal family, sent to Ireland in 1361. Deputy was originally applicable where there was an absent Governor, and another acted for him. (See Bagwell's Ireland under the Tudors, vol. i., p. 100.) In 1295 elective re presentation of the Commons. Councils and Parliaments, 1 1 7 2- 1 6 1 3 . afterwards, but (except in rare instances) not until a later date, he was described as Lord Lieutenant.

From about the reign of Henry III. the Governor was surrounded by advisers or counsellors, who in process of time came to be known as the Privy Council. When this body was first formed is not clear. It, no doubt, soon followed the establishment of the corresponding institution in England, which can be traced under Henry III., although it was not developed until the reign of the two first Edwards. Imitating the functions of its model in relation to the King, the Irish Privy Council would, we may assume, advise the Deputy in respect of his legislative acts.* In 1295 the principle of elective representation of the Commons was introduced into the Councils. Henceforward we may fairly dignify the Irish legislative assemblies with the title of Parlia ments — a name which about this time began to come into general use in England.

The representation, however, of the Commons in the assembly of 1295 was of a limited character, extending only to the counties of Dublin, Louth, Kildare, Waterford, Tipperary, Cork, Limerick, Kerry, Roscommon, and the liberties (as coun ties palatine were called) of Meath, Kilkenny, and Ulster.f Each sheriff of a county and * See Note E of Appendix. f A ' Liberty ' or ' County Palatine ' lay under the rule of some great nobleman, who nominated the sheriffs and ad ministered justice, much like an absolute prince. s Parlia ment of i295called by Sir John Wo gan. Represen tation of the Commons previously in England. Councils and Parliaments, 1 1 7 2— 1 6 1 3. seneschal of a liberty was directed — the former in full court of his county (pleno comitatu), and the latter in full court of his liberty (in plena curia libertatis suœ) — to cause two of the better and more discreet knights of the county or liberty to be elected as representatives to the assembly of Bishops, Abbots, Priors, Barons, and other per sons of high station (optimates) then summoned.

The Parliament of 1295 is known as Wogan's Parliament,* because convened by Sir John Wogan, upon whom about that time the government of Ireland was conferred by Edward I. The basis of representation then adopted was enlarged in subsequent Parliaments, so as to give elective rights to towns as well as counties — citizens and burgesses being, in 13 11 and afterwards, directed to be returned from cities and boroughs. In 1360, separate representation was given in some counties to portions under ecclesiastical juris diction called crosses (croceœ).^ The introduction of elective representation of the Commons in Ireland followed the introduction of a similar procedure in England. Thus, in 1254, for an English Parliament, the election of knights from the shires was directed ; in 1264, at Simon de Montfort's Parliament, representatives from cities and boroughs were added ; * In the Liber Niger of Christ Church Cathedral there is an account of Wogan's Parliament.

See Note F of Appendix. f Compare chaps. 111. and xi. of Lynch's Treatise on Dignities, already cited, and the writs there extracted. 7 2— 1 6 1 3 . 9 Represen tation of the Commons con tinued. Early Councils and Par liaments. and in 1295 the summons of two knights from each shire, two citizens from each city, and two burgesses from each borough, may be regarded as having fixed a final plan of representation for English shires and towns.* The representative constitution of the House of Commons which commenced in Ireland under Wogan was always afterwards continued ; but the number of constituencies to return members varied, as writs were not always sent to the same counties or towns. In like manner the number of bishops, peers, and superiors of religious houses who were summoned was not constant ; there were sometimes but few of a class, and in at least one instance, while some peers were omitted, a few knights were cited by name.t The importance of the early Councils and Parliaments of Ireland is disputed.

Some depreciate it so much as to hold that there were no assemblies within the first one hundred and forty years from the Invasion of Henry II. worthy of these titles. The true view appears to be that many were summoned for petty purposes, but that others were of a much more elevated cha racter.J No doubt all deserve the reproach of * See Stubbs' Constitutional History, 4th ed., vol. ii., pp. •32-3. 230-2. f In 1360, 33 Edw. III. See statement of the writs then issued, printed from the original records by Lynch, ut supra, P- 3'5- X See Note G of Appendix. 7 2— 1 6 1 3 . being exclusive, and from only a portion of the in habitants of the island. The native Irish, unless it may be in very rare instances, were never in vited to attend them ; nor, if they had been, is it probable that they would have come.

The profession of allegiance made by the chieftains had never been followed by any genuine recon cilement with English rule; and if they were to acknowledge the jurisdiction of Parliament and attend its meetings, they must have ceased to be (what they had been) princes, and become subjects. Natives unwilling to attend. For similar reasons, in process of time, the Norman nobles and knights, to whom territories had been assigned in Irish districts, were found unwilling to obey the summonses directed to them. Assimilating their habits to those of the people by whom they were surrounded, they became, like them, disinclined to meet the adherents of English policy and usages. To check their tendency to absence, fines were from an early period imposed for non-attendance.* Nobles and knights from Irish districts unwilling to attend.

After the regular legislative assemblies had developed into Parliaments, there still seem to have been others of less importance (probably upon emergencies or for local affairs) held, which retained the old name of Councils. An ordinance of Edward III. (Ordinatio de Statu Hiberniæ', 31 Edw. III.) assumes both modes of legislating to Councils continue after there were Par liaments. * See Note PI of Appendix. 7 2 — 1 6 1 3 . 11 Separa lion into two Houses How the separate Houses constituted 28 Henry VIII., ch. I exist, and in enumerating the persons to attend either Councils or Parliaments includes Privy Councillors.* At first all the members of a Parliament, whether ecclesiastical or lay, whether peers or commoners, sat together; afterwards there were two Houses. The date of separation does not ap pear, but was certainly after a similar arrange ment was made in the English Parliament. f When the distinction of the Houses in the Irish Parliament becomes apparent, the House of Lords is found to consist of lords spiritual and temporal, the former including the heads of some religious houses, along with the bishops ;+ in the House of Commons, besides knights from counties, and citizens and burgesses from cities and boroughs, some of the clergy, elected to represent their order — termed Proctors — attended.

It is probable that as the sitting of Parliament was not accompanied by the sitting of any ecclesiastical convocation or synod, the Proctors originally voted in the proceedings, at least when they concerned the Church ; but in the reign of Henry VIII. a statute was passed which * See Note I of Appendix. f Stubbs seems to date the separation of the two Houses of Parliament in England about 1332 (Const. Hist., 4th ed., vol. ii., chap. 16, p. 393). X According to Ware, 24 in number — 14 Abbots and 10 Priors. He gives the names of their Monasteries. Anliq., chap. 26. 172— 1613. Constitu tion of House of Commons variable. Members in House of Commons declared that they were mere counsellors and assistants. Writs for the election of representatives to the House of Commons were not, as a rule, sent outside the limits of the counties that had been formed before the time of their being issued ; but sometimes Connaught and Ulster were treated as each in itself a county.

Down to the accession of Elizabeth, the only counties which appear in the writs are Dublin, Kildare, Meath, Uriel or Louth, Catherlough or Carlow, Kilkenny, Wex ford, Cork, Limerick, Kerry, and Tipperary — reputed to have been constituted by John ; two small ones, Ards and Down, of later date ; Westmeath, made by dividing Meath, under Henry VIII. ; King's County and Queen's County, constituted by Philip and Mary ; and in a few instances Roscommon. Sir John Davis asserts that until the 34th year of the reign of Henry VIII., when Meath was divided, the number of members of the House of Commons could not have amounted to over a hundred. The counties previously were, he says, twelve besides the liberty of Tipperary, the cities four, and the boroughs not above thirty.* Any addition to these numbers before the reign of * See Address of Sir John Davis, as Speaker of the House of Commons, to Sir Arthur Chichester, then Deputy, after wards referred to.