LAND LESSONS, IRISH PAELIAIENTS, AND CONSTITUTIOML CRITICISMS. CHAPTER I. PHELIMINARY PRINCIPLES. ** Say as you think and speak it from your souls." Amongst the ruling tenets of the section who now possess power is that which prevents a close inspection into fundamental authorities and conventional credentials. Numberless evasive outlets have been relied on to carry out this principle in practice. When public opinion declares for reform, the weapons of rational argument are abaodoned by the partisans of the threatened ascendancy, and the more tangible resources of bribery, coercion, persecution, lying and brute force are used to maintain the status quo. This is especially true of Ireland. Advantage has been taken of Irish disorganisation caused by the collision of human interests with inhuman power. The policy of alien absorption has at all times actuated the proceedings of British parliamentarians in respect to Ireland. Restricted representation, returning Mammon, resulting in purely class legislation, has propped up a system destructive of all things, common to a nation, by strictly legal means. Until the Irish Parliamentary party repre- senting nearly the whole nation, compelled attention, so far as this country was concerned, foreign parliamen- tarians ignored all the vital principles of human progress, passing laws to govern Ireland which denied freedom, independence, wealth, prosperity, or knowledge to the great bulk of Irishmen. Party passions, racial hate, and religious animosity were encouraged. Military licence, official hypocrisy, administrative omnipotence, and partisan administration of justice have always characterised the control of this country as carried on by the Lords Deputies, the Lords Justices, and the Lord Lieutenants 2 IRISH PARLIAMENTS. sent over from England to extract supplies out of Ireland. Thus acute suffering and violent disorders became chronic. Affairs were carried on by secret, malefic influence, con- cealed under the surface of what was facetiously termed constitutional government. This state of things was pre- served by the ignorance of the multitude, which is the natural mother of civil degradation. A distant misinformed parliament was strong and cruel in the assertion of its power, and its imported administrators were judicially irresponsible and fiercely despotic. It serves no useful purpose to indulge in historical recriminations, but it is necessary to search out the reality of causes and events. " Our interest lies so much with the past as may serve to guide our actions in the present, and with so much of the future as we may hope w^ill be affected by our actions now." Ireland is, unfortunately, suffering from the remoter but almost fatal effects of former mistakes. An ignorant jurisdiction and the fact of the seat of government being in a strange, unsympathetic country originated imperfect laws and sowed broadcast commercial jealousies. IJnjust rights and privileges were assumed, and would not be relinquished for the common good. The national resources having been seized, and with them the power to enforce those presumptuous assumptions, it is now formally stated by sophistical dogmatists that prescription or lapse of time fixes the right without regard to the manner of acquisition. The class who benefit socially, financially, officially and politically by this questionable philosophy are theoretically guided by habits and maxims which suit their personal interests. They decline to revert to primary laws and original foundations or to consult the dictates of reason. Corruption, prejudice, and bad habits have given a dangerous immunity to the dissemination of injurious usurpations which are allowed to pass as law, through want of knowledge, apathy, and popular fallacy. Freedom is the heritage of a nation. Rotten borough members were not competent to sell or part with national property, and this is specially to be insisted on in the case of a country like Ireland, which can boast of undeniable self- government. IRISH PARLIAMENTS. 3 The desire and end of every Christian Constitution should be the welfare and dignity of its people, and the stability and greatness of the state. Salaried English States- men, and their paid garrison, imagine they compliment Irish taxpayers by condescending to govern Ireland upon the principle that the greatness of the State is more imperative than the welfare of the people. This pernicious doctrine has, undoubtedly, been carried into effect, but the Irish race at home and abroad are now determined that the Christian constitutional principle of National well- being shall be inaugurated, the false echo of disintegration cannot hinder capable citizens from asserting their rights, land, labour and liberty, dignit}^ commerce, and culture should be within the grasp of every honest hand. The realm was secured against weakness and instability during the last Irish Parliament. Eighty-five years' chaotic de- struction seems to have blotted out remembrance of the motto, "Peace hath her victories as well as War," for within that period of self-government, Ireland prospered, and was at the same time a faithful ally of Great Britain, until Pitt manufactured his governmental rebellion to carry the Union. Statesmen are wont to think that foreign embroilments take precedence of domestic disturb- ances, they should set their home in order before they go abroad ; millions of capable electors will soon manifest where their most immediate interests lie. Slaughtering savages, bondholders butchering, and Commander Cotton's commercial conquests may be very profitable to pocketing plutocrats, who stay at their firesides. Query if those im- moral, expensive expeditions are pleasing to grumbling tax- payers and unemployed labourers. Representative govern- ment appears at present to exercise no authority what- ever in the foreign policy which is altogether in the hands of those who happen to be in power, directed by militaryism : to whom the nation pays the war bills. The House of Commons is notoriously unable to perform its duties satis- factorily : local self-government is in the air, but only in the clouds. The Colonies are supposed to be subject to that great integral authority, which claims to be the most truly representative government in existence, yet the Colonies 4 IRISH PARLIAMENTS. are not represented in the councils of the realm. The Constitutional machinery of the Empire sadly needs repair; it is gradually growing unworkable from bursting over- pressure, rusty bureaucracy, and confused centralization. The greatest empires have been ruined by similar causes ; yet, when Irishmen sensibly point to history and to the immediate events of their own country, they are denounced as traitorous rebels. Most Englishmen appear to ignore the voluntary federation of Norway and Sweden, the Ger- man Empire, the United States, Austria-Hungary, Switzerland, their own Australian Colonies, Canada, Jersey, Guernsey, and the Isle of Man. Ireland as an island nation is clearly entitled to a native resident legislature. A people creates the govern- ment; citizens have a perfect right to control the preten- sions of the State when its conduct and tendency has been directed against general utility. The Governmental system which lags behind its people must inevitably be dragged up to the National standard. This natural result would have been arrived at long since in Ireland, but that representa- tives, administration, executive and alien governmentalists were anything but a reflex of the individuals comprising the nation. The thinking and workingof generations of true Irishmen is only now beginning to fructify ; the pen is destroying the sword, blood and iron combinations are being dissolved by the burning w^ords of earnest men. Rules of procedure will not stem the torrent of public opinion, which is greater than ministers or kings. " Words, idle words," put into a Sovereign's speech, may place Royalty in a false position, if unconstitutional threats are used to terrorize the House of Commons, for as the brilliant Irishman, Sheridan, laid down: "The King of England is not seated on a solitary eminence of power ; on the contrary, he sees his equals in the co-existing branches of the legislature, and he recognises his superior in the law.'' There is no such reality as unalterable funda- mental law, all laws are subject to change or repeal when the House of Commons so chooses. Hall declares "the independence of the House of Commons is the column upon which the whole fabric of our liberty rests!' The IRISH PARLIAMENT'S. House of Commons should be the mouthpiece of the people in whom are deposited the supreme power. Long ago in troubled times, Milton wrote : ''The power of kings and magistrates was and is originally the people's, and by them conferred, in trust only, to be employed to the common peace and benefit, with liberty, therefore, and right remaining in them to re-assume to themselves if it be abused, or to dispose of it, by any alteration as they shall judge most conducing to the public good." The Irish people desire to re-assume the inalienable power and right of self-government ; they now demand its restitution as most conducing to the public good. History distinctly tells us that Ireland always ranked as a nation, but since the baneful Union, unhappy Erin has been a living illustration of Lammenais's comment : " When you see a people loaded with irons and delivered to the executioner, be not hasty to say this people is an unruly people that would trouble the earth, for perad- venture it is a martyred people which suffers for the salvation of humanity." EARLY LIGHT. " Deeds never die." When in the cause of saving religion St. Patrick landed in Ireland, over fourteen hundred years ago, he found the Irish Pagans cultured islanders, foremost in existing arts beyond their surrounding compeers. The poets, historians, and OUamhs, or doctors, held an elevated rank, and were specially protected in person and property. Druids, Brehons, Files, Bards and Physicians were almost hereditary privileged professions. Brehonic laws were in force, providing a code for the punishment of crime, and arranging succession by a tanis- try decree, which was a strange compound of hereditary and elective principles, but wisely did not disturb property or people. Music was cultivated. M'Geoghegan said the ofl&ce of master to the king was instituted in the third century. 6 IRISH PARLIAMENTS. - Cambrensis later on testifies the skill of the Irish in music is incomparably superior to that of any nation I have seen and Warton, in his History of English Poetry, quotes, " Even so late as the eleventh century, the practice was continued among the Welsh Bards of receiving instructions in the Bardic profession in Ireland," — the harp being the National instrument of Ireland and Wales. The whole country embraced Christianity, without a martyr, the love of learning and peace became usual, churches and schools covered the land, architecture progressed, as can be judged from round towers, sepulchres, dome roofed houses composed of stones without cement in the Pelasgic fashions, ancient oratories simple but beautiful like that of Gallerius, olden monasteries as Arran, Innismurray, Erris and High Island. Those are evidences of gradual improvement in architectural taste and experience during the ages of Paganism and Christianity, advancing from the rude stone fortress to the delicate designs of Cong Abbey, Ireland was known as the Island of Saints and learned men. England, Scotland, and Continental nations sent thousands of pupils to Erin. Venerable Bede relates : Thither came pilgrims, in search of learning, from the forests of Germany, from the cities of the North, as v/ell as frcm England and Scotland." Camden writes : " At that age our Anglo-Saxons repaired on all sides to Ireland as a general mart of learning." Eric of Auxerre wrote in the ninth century : " Ireland, despising the dangers of the deep, is migrating with almost her whole train of philosophers, to our coasts." Thierry declared that " the poetry and literature of ancient Ireland was the most cultivated, per- haps, of all Western Europe." The poet Spenser acknow- ledged : " It is certain that Ireland hath had the use of letters very anciently and long before England, The Saxons are said to have their letters, learning and learned men from the Irish, for the Saxon character is the same as the Irish.'' Lacroix, in Science and Literature in the Middle Ages, testifies : " The Irish scholars were among the most distinguished men in Europe ; their schools were flocked to by scholars from all parts ; their monasteries were densely populated with students, and their country wa& IlilSII rAllLIAMKNTS. 7 tlie very Athens of the age." Mosheim, in Ecclesiastical History, gives credit to " the Hibernians as the first teachers of scholastic theology in Europe." Dr. O'Donovan studiously teaches — " Joannes Erigena, or John of Erin, is admitted by the most competent authorities to have been the founder of the mystic doctrine. It thus appears that the two great systems of theology originated in the Irish schools." Such historical facts are often denied, because, as Dr. Reeves points out, " The merit of the teacher has been transferred to the disciple, and so a great obstruction is placed in the way of acquaintance with Irish manuscripts : the Irish scholar often neglecting to examine them because they are called Saxon, and the English to consult them because unable." In Ireland Todd, O'Donovan, and O'Curry have edited with much learning and industry ; on the Continent to Zeuss belongs the honour of having exhumed and printed the oldest known specimens of the Celtic language. He was iu a measure favoured by being able to visit the Monasteries of Austria, Switzerland, Germany,and the Librariesof Milan, where those treasures lie; but it would take one thousand large octavos to issue properly this buried literature. Ber- ington in Literary History of the Middle Ages states : " It is sufficient praise for Ireland that she sent out teachers by whose industry the general cause of knowledge was pro- moted. The Protestant Bishop of Lincoln, Dr. Words- worth, stated to his clergy : Centuries ago Ireland was the burning and shining light of Western Christendom. In sacred and other learning she was in advance of England; the sons of our nobles and gentry were sent TO Ireland for education ; a great part of England owes its Christianity to Irish Missioners from the school of St. Columba in lona." About the end of the seventh century, Alfred, King of the Northumbrian Saxons, was expelled from his own country, and found a sanctuary in "The Land of the Loving Heart." John O'Donovan literally translates the exiled monarch's verses thus : — IRISH PATILTAMENTS. I found in the fair Innisfail, In Ireland, while in exile, Many women, no silly crowd, Many laics, many clerics. I found in each province, Of the five provinces of Ireland, Both in church and state. Much of food— much of raiment. I found gold and silver, I found honey and wheat, I found affection with the people of God ; I found banquets and cities. I found in Armagh the splendid, Meekness, wisdom, circumspection. Fasting in obedience to the Son of God, Noble prosperous Sages. I found in each great church. Whether internal, on shore or island, Learning wisdom, devotion to God, Holy welcome and protection. I found the lay monks. Of alms the active advocates — And in proper order with them The Scriptures without corruption. I found in Munster without prohibition Kings, Queens, and Royal Bards In every species of poetry well skilled — Happiness, comfort, pleasure. I found in Conact, famed for justice, Affluence, milk in full abundance, Hospitality, lasting vigour, fame. In this territory of Croghan of heroes. I found in the country of Connall [Tirconnell] Brave, victorious heroes, Fierce men, of fair complexion. The highest stars of Ireland. I found in the province of Ulster Long-blooming beauty — hereditary vigour- Young scions of energy, Though fair, yet fit for war. and brave. IRISH PARLIAMENTS. 9 I found in the territory of Boyle [M.S. effaced] Brelions' Erenachs' palaces, Good military weapons, active horsemen. I found in the fair-surfaced Leinster From Dublin to Sleivmargy, Long living men, health, prosperity, Bravery, hardihood, and traffic. I found from Ard to Gle, In the rich country of Ossory, Sweet fruit, strict jurisdiction, Men of truth, chess-playing. I found in the great fortress of Meath Valour, hospitality, and truth, Bravery, purity, and mirth — The protection of all Ireland. I found the aged of strict morals. The historians recording truth — Each good, each benefit, that I have sung In Ireland I have seen. This is the testimony of a British kiogly visitor, on Home Rule in Ireland 1,200 years ago. As to foreign labours. Dr. Wattenbach, in his tract on the Irish Monasteries in Germany, narrates, The Irish Monks evangelised the nations ; they first supplied the defect in the organisation of Christian society, which ar(5se with the development of cities ; for until their time monasteries had been founded only in the solitude of the country, excepting such as were attached to episcopal seats." Augustin Thierry, the French historian, bears willing testimony to the popularity of Irish missionary pilgrims and scholars, who resorted to the Continent, who always gained the hearts of those whom they visited by the ex- treme ease with which they conformed to their customs and ways of life." They were the exact contrast of Danish Colonizers and British civilizers in Ireland. The poor monks asked for nothing but a small plot of ground to form a hut encampment. But wise rulers desirous of educa- tional improvement and religious teaching, often granted the pious learned settlers considerable allotments ; the 10 IRISH PARLIAMENTS. whole country of Glarus was given to St. Fridolin. Charles le Gros made a present of Mount St. Victor to the monastery of St. Gall, and more than one island in the Rhine belonged to the Irish monks. So for many centuries Ireland preserved her position as the leading nation in religion, laws, arts, and architecture. Although the Danes made it their special care to " tear, burn, and drown all books and manuscripts, which came into their hands," and to pillage and destroy monasteries, colleges, and schools, the records, annals, manuscripts, books, such as the Book of Kells, and many illuminated specimens, clearly show the fruitful labours of the early Irish in epic and historic literahire. The flint weapons, javelins, and spear heads of bronze, smith's armoury, and works in precious metals, gradually improved in w^orkmanship. Shields, goblets, torques, gold rings, circlets, brooches, and various works of art, can be seen in the Irish Academy, evidencing the gradual advance of skilled labour in conjunction with art. The cloistered ruins which have survived the Iconoclastic fury of Dane, Saxon, and Norman, are standing evi- dence of Irish civilization, when National rulers guided the nation. The German, Pict, Cimbri, Frank, Italian, Celt, and Saxon, sought and received instructions, and often generous hospitality in Athenry, Sligo, Cong, Clare- Galway, Killconnell, Lindisfarne, lona, Monasterevan, Monasterboice, Mellifont, Roscommon, Lismore, Armagh, Muckross, Bangor, Dunbrodie, Clonmacnoise, Glendalough, Bective, the Rock of Cashel, Clonard, and many lesser luminaries, whose light has faded in the distance of time, or have been obscured by overthrow. But the Irish monks did not confine themselves to their native land; they established houses abroad — in Scotland, 13 ; England, 12 ; France, 7; Gaul, 12; Lotharingia, 11; Burgundy, 11; Belgium, 9 ; Alsatia, 10 ; Bavaria, 16 ; Italy, 6 ; and in Rhetia, Helvetia, and Servia, 15 ; besides many smaller establishments. As a consequence, the number of Irish saints who are patrons all over Europe, incontestably prove the labours of Irishmen as scholars and pietists. Germany has 152 ; France, 47; Belgium, 30; Italy, 13; Iceland, 9. Nearer IRISH TAIILIAMENTS. 11 home, Scotland has 7G ; England, 44; and the Isle of Man, 6. Truly did St. Bernard write in the eleventh century : " Swarms of holy men were sent forth by Ireland throughout the entire of Europe to preach the gospel of peace, and bring salvation to all. They were the true soldiers of the cross, who bore on faith's bright flag, un- furled Erin's name throughout the world." Yet the motive that is said to have induced Adrian IV. (the only English Pope) to give his sanction to the conquest of Ireland was that it might be christianised. The authen- ticity of the document is questioned, Ireland, the university and schoolmistress of Western Europe, was given away to devastating civilizers. Milman says: "English pride might mingle with sacerdotal ambition in this boon of a new kingdom to his native sovereign. The language of the grant developed principles as yet unheard in Christendom." In 1177 Cardinal Vivian, legate of Pope Alexander III., encouraged and exhorted M'Donlevey, King of Dalriada, to defend his territories against De Courcy, an Anglo-Norman adventurer. So succeeding Papal authorities seem to have regarded the grant of Ireland in a curious light. The Bull may have been obtained by suppressions, exaggerations, slander, and calumny,means which are constantly utilized to aid oppres- sive rulers in Ireland. An Erring-son lately endeavoured "to keep the Vatican in good humour," and re-dispose the spiritual interests of Irish Catholics, to the tender keeping of non-Catholic Veto-ists. The accomplishment of that cunning division would be to-day scarcely less disastrous than former interference, but Providence guided the councils of the Holy Father, and defeated the machinations of those who would "divide and conquer/' 12 IKISH PARLIAMENTS. GOVERNMENTAL GROWTHS. . '*The Earth is sick of chains." — R. D. Williams. '* The lesson which I have learnt from the past history of my country is, that the great and first danger an Irishman has to avoid is the danger of division." — John Dillon. It is well ascertained through biblical and secular history, and transmitted traditions, that parental authority was originally the governing power, even unto despotism and slavery. It must, however, be remembered that its ab- solute control was largely counterbalanced by natural affection. Though all forms of Governments claim and exercise dominion over life, liberty, and prosperity, yet in the course of ages, the primitive idea of paternal kindness has been almost entirely eliminated from the first principles of Government. Slavery became a great legal institution, because might conferred the right, and ignorance disorgani- zation ; traditional example, and early training, made the enormous majority complying bondsmen to the whims and whips of a ruling minority. Such public opinion as existed recognised the principle : so human slavery lived as a Christian institution until the last generation, even within the English Empire, and later still in what was called a free republic in the Southern States of America. Giraldus Cambrensis recording the Synod of Armagh, 1170, relates: There prevailed in England a barbarous custom of selling children as slaves, and the Irish were the principal purchasers. The Irish clergy at the Synod pronounced the custom to be so wicked that the English invasion was a judgment in consequence, and decreed that any English slaves should immediately be set free." Thus an Irish deliberative assembly humanely met the unmerited invasion, and deliberate persecution then begun, and continued ever since in Ireland. It is necessary to revert to these facts, as showing the imperative need of being guided by principle, rather than the theories of half-hearted philanthropists. In course of time parental authority became merged into patriarchal tribes, whose conduct was regulated by custom rather than definite IRISH PARLIAMENTS. 13 law. Permanent Government arose, and Koyalty was chosen as a central authority. When the twelve tribes of Israel demanded a Sovereign, w^e read in Holy Writ : — " And Samuel told all the words of the Lord unto the people that asked of him a king. " And he said : * This will be the manner of the King that shall reign over you. He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen ; and some shall run before his chariots. * And he will take the tenth of your seed and of your vinej^ards, and give to his officers and to his servants. * And he will take your men-servants, and your maid- servants, and your goodliest young men, and your asses, and put them to his work. " ' And he will appoint him captains over thousands, and captains over fifties, and will set them to ear His ground and to reap his harvest, and to make his instru- ments of war and instruments of his chariots. " * And he will take your daughters to be confectionaries, and to be cooks and to be bakers. " 'And he will take your fields and your vineyards and your olive yards, even the best of them, and give them to his servants. " ' And ye shall cry out in that day because of your King which ye shall have chosen you ; and the Lord will not hear you in that day.^ " And all the people said unto Samuel, 'Pray for thy servants unto the Lord thy God that we die not, for we have added unto our sins this evil— to ask a king.' " — Samuel. The evils of Kingships were the ruin of Ireland, as no really controlling power existed. The Celtic tribal clans were not wiser than the Israelites, for they had many monarchs — Ulster, Munster, Leinster, Connaught, Meath, and many other districts, boasted of kings, princes, and chieftains. Kings and sub-kings, by the division of authority and the internal dissensions, caused anarchy. A supreme King was supposed to be crowned on the Liafail at Tara, but the supremacy was nominal; the curse of jealous limited dominion kept the country in 14 IRISH PARLIAMENTS. perpetual feuds and wars, but it was the same all over Europe. The Italian cities, French kingdom, and Saxon heptarchy, were just as murderous as the Irish pentarchy. However, regal personages were not like the overpaid and underworked Royal Highnesses of Mammon, they led their clans in battle, and shared the spoil amongst their brethren, or, what are now called subjects. The introduction of King Money has changed the pro- cedure, with a more galling result to the mere worker. Family prote'ction and division of spoil with the clans- man has given way to wage servitude, legal monopolies in land, money and railways. Taxes enrich the wealthy who obtain nearly all the emoluments, and impoverish the poor, who pay the greater portion of the revenue through indirect taxation ; those things are so cleverly manipulated that social sanction seems to say we are released from the serfdom of Teutonic feudalism to rejoice in the pauperising freedom of stagnant constitutionalism. Practical wisdom teaches that safety is ensured by steady progress, moving gradually with the forces of society. The ancient Irish appear to have been more impressed with the necessity of jurisprudential motion than the modern British unionist. About the year 440 the Pagan laws of Ireland were re- vised and the Seanchus Mor compiled. Fragments of the original MS. are still to be seen in Trinity College and in the British Museum. This Christian Constitution of Ireland, it is said, was approved of by St. Patrick. Certain Pagan observances were struck out, but the Brehonic usage of partial popular election ran through the whole system from the King almost to the gallowglass. Honours were also bestowed at an early period. Froissart chronicles that when four Irish kings were offered knighthood by Richard, King of England, they declined, as it had already been conferred on them at home. The Kings choose their Ard-Ri or titular supreme monarch ; nearly every man in the clan is supposed to have had a voice in appointing their existing official executive. National statute laws were discussed and enacted at Tara. It is duly recorded that St. Columba assisted at a conference meeting or IRISH PARLIAMENTS. 15 Parliament assembled at Drimciat Limavady, where several important legislative measures were determined on by the state or King ; and the noble representatives of the clans of Ireland. St. Adamnan, had the "lex innocentium," protect- ing women and children against the barbarities of war, passed in an assembly held at the Rath of the Synods on Tara Hill. After the death of Brian Boru, who appears to have exercised some authority in collecting the Irish forces to defeat the Danes, civil w^ar became chronic between kings, princes, and chiefs. It is useless to plunge into those puzzling fatalities. The whole nation seems to have gone mad like all the rest of the world at the time. Inquiring into such suicidal quarrels would exemplify Holy Writ, " He that increaseth knowledge, increaseth sorrow." The nation was ruined by division, and weakened by incessant fighting. Practical unity was unknown, and stable centralized authority unsupported. First Strongbow, next Henry took advantage of general disunion. Nominally there was held a sort of Parliament at Tara, where the Kings as Lords, and Nobles as Commons, met in Council. This assembly ^vas called together in 1169, perhaps for the last time, by Roderick O'Connor, King, paramount, of Ireland, to discuss the best means of quel- ling the disturbance, begun by Dermod M'Morrough, fol- lowed by the invasion of his English allies. The prince of Thomond refused allegiance to the Ard-Ri, and commenced civil war to aid the foreigners. Henry came, and wily diplomacy succeeded ^varfare. The split-up factions of foolish chiefs and kings only anxious for personal am- bition, sacrificed the Irish nation to the land-grabbing stranger. 16 LAND LESSONS. LAND. THE creator's GIFT FOR MAN's SUSTENANCE. It would be futile to attempt an understanding of what was named government in Ireland, until an explanation of the motive is arrived at, by considering land possession. It is obvious that at all times those who controlled the soil, governed the state, made the laws, interpreted them, and guided their administration. From this point of view it will be instructively useful, briefly to analyse the position of landholders, as warranted by Divine law, guaranteed through human legislation, and enforced by military domination, rather than the moral suasion of Christian civilization. Common Land. " The Earth is the Lord's." In the beginning God created the world for the children of men. He blessed our first parents, saying — "Increase and multiply, and fill the earth, and subdue and rule over #he fishes of the sea, and the fowls of the air, and all living things that move upon the earth.'' In the history of the Creation, the Bible does not record anything relating to the sacred rights of private property in land, privileged ownership, game laws, fore- shore rights, or royalties ; nor does it appear there was any Divine law sanctioning the inhuman theory of over- population — mankind increased in numbers, but not in virtue, the Deluge was ordained, Cain's progeny was des- troyed, the true church continued in Noe, his immediate generations enjoyed all things in common, so that com- munism was the social order in the earliest stages of human existence. Erroneous decisions passed every day, untrue persuasions hourly inculcated, and habitual opinions of early mental training warp current judgments, and cloud the clear dry light of intellect. The animal nature of the body is principally exercised, whilst the mind is allowed to rot in uncultivated darkness, because blindness to prin- LAND IJLSSONS. 17 ciples ensures the success of misrepresentation, which is the foundation of monopolizing power and privilege. The Mosaic Constitution nationalized the Canaan land, the title was vested in the head of the State, as trustee for the people. The soil was subdivided and apportioned amongst the families of the tribes; the heiresses were obliged to marry in their own family to prevent a con- fusion of inheritances. If they wished to renounce their right, they could marry where they pleased (a similar law prevailed in Athensj. All transfers between the people were limited in term. All real estate contracts were vacated at the end of every 50 years. When the jubilee of the children of Israel is come, then shall their inheri- tance be added to that of the tribe in which they are received." By means of this periodic redistribution, each family was restored to its share in the soil, which lapsed back from the individuals to the commune. Land monopoly w^as impossible under the Christianised Hebrew polity. When our Lord came on the earth He was born in a manger — worked with His paternal protector as a carpenter in the family commune of Nazareth. When He appeared in public to save the world He took for His disciples twelve landless fishermen ; the first Christians gave up their share in family possessions and followed Him. **And all that believed were together, and had all things common, and they sold their possessions and parted them to all, according as any man had need." Through the dark and middle age&, and even in the present day, religious communities hold their possessions as common property. This holding of gifts and power as a trust for common service, is a perpetuation of Christian Essenism, which is slightly studied and seldom resolved into first principles, for " if Christianity were taught and understood, in conformity to the spirit of its Founder, the existing social organisation should not last a day." The primitive practice of common property was most faithfully adhered to by the Slavic races ; but an almost similar form can be traced in Asia. Some specialists apparently prove that many original types of private pro- B 18 LAND LESSONS. perty, amongst the Romans and Germans, have been de- rived from the stated methods of common property in India. Owing to Imperialism in Rome, land partly passed into private property. The Patricians encroached upon the common lands of the State, the vicious nobles corrupted the commonwealth — the state followed its leading men — the free farm life of Italy was broken up — vast estates swallowed up industrial tenant farmers. Dispossessed cul- tivators swarmed the imperial city. Pauperism became so alarming and general, that it was absolutely necessary to organise an immense system of state alms to relieve distress and prevent revolution. This happened during the aristocratic empire. In the golden age of the Repub- lic, B.C. 150, the necessaries of life were very cheap. A bushel of wheat sold for four pence, and a bushel of corn for five. The traveller was charged for food and lodgings only two farthings per day. This overflowing plentiful- ness abounded before Pagan patrician land monopoly revolutionised the social system. Tacitus, speaking of the Christians, calls them — Vulgus Ckristianus appelahat'' the vulgar or common people called them Christians. The early Christians preached and practised charity, and loved their neighbours ; being opposed in principle to governmental rapine they were persecuted. Sub- sequently Christianity coalesced with authority when Constantino became a convert; governmental abuses and social injustice were quietly borne, as the force of Christianity in favour of the weak and powerless was, to a certain extent, neutralised by this union. Christ said, " My kingdom is not of this world.'* Rulers did not deem it their mission to endeavour the removal of human slavery and misery; protection of privilege and property was much more important. English laws are mainly founded on Roman codes. Mark how Patrician accumula- tion and vulgar pauperism historically repeats itself On the American Continent it was a custom amongst the ancient Peruvians that no one could leave the decury without the express permission of the Inca. The decu ry was bound to have a home built for each new household, and assign to it land enough for its support. (An Inca would LAND LL:SS0NS. 19 be most useful in Ireland, as a law and order agent, to counteract the crowbar brigade, assign land, and stop evictions). In old pagan Peru children were not regarded as an incumbrance; on the birth of each child the allowance made was increased by one fanega for a boy, and for a girl half fanega, which equalled the area that could be sown with one hundred pounds of maize. (A.s a relict of the Israelitish distribution perhaps, curiously, in Europe amongst the ancient Germans, the size of an acre of land was reckoned by the labour of a day.) In Peru the division of the land was modified by a yearly revision, and a new partition took place according to the number of the members of each family. The Peruvian was simply the farmer for the year, of the lot which fate, or the decvurians assigned him. But outside the community lands, the Sun or Inca had exclusive property, which the inhabitants had to cultivate. In all ages, climes and territories, kings claimed privilege and titheage, as foretold by the prophet Samuel. In Ireland, under Celtic tenure, the clans were the pro- prietors of the soil, the king or chief nominally gave land to his warriors to support retainers ; those grants were taken away if the officers did not prove useful in war. But the king or chief COULD NOT diminish the property of the clans, although he might apportion according to his idea of merit. Attacks, forays, conquests and rapine in Irish history, were prompted by the desire of land possession and booty. The social rights of the clan were as broad as their acres. Celtic land tenure was tribal family right or recognised legal Communism, preventing the exclusive, personal possession of the first resources of life. The old Celtic fashion is still the rule in Russia. The fundamen- tal Russian institution is the Mir or collective proprietor- ship of the land, and its equal and periodic apportionment amongst the members of the community. Slavic com- munal philosophy is spreading abroad. What is done in Russia can be accomplished elsewhere. Although landholders' selfish cupidity has immensely / appropriated an extent of the people's commons through th e secret action of agricolouslegislators,and servileadministra- 20 LAND LESSONS. tors, still the number of existing common lands, such as the Curragh and Phoenix Park in Ireland, numerous tracts of land, forest, moor, and seashore in England and Scot- land, together with public parks, are undeniable evidence of the land for the people. Municipal properties, corpora- tion estates, are recognised institutions, showing a modified form of common property. Government in trust for its people takes unappropriated lands, and as wards for the nation owns all lines of natural transportation roads, streets, rivers, lakes, and sea-coasts, in which every citizen is a co-proprietor. It is only a question of time, money, and expediency to nationalize the railways ; quick, cheap transit being a most important factor in successful com- merce. All over the Three Kingdoms the iron road directors havesacrificed the prosperity of the commonwealth to the usury of individuals. State communism, in certain essentials necessary to national welfare, need not interfere with private property, but limit its dangerous power and control its overbearing accumulations to healthy associative proportions. At the present moment the land is nationalised in Japan ; there are no paupers or unemployed, starving multitudes in the Slavic and Japanese communities. Financial famines are unknown in China, where mil- lionaires have yet to be discovered, still it is the most densely populated country in the world ; but the Chinese people are free to till their land and live on their rivers. Appointed Royal Commissions could not avoid ex- posing the scandalous fact that adjacent landholders, acting in the fashion which Latimer denounced as •* enclosers, rent raisers, and graziers,*' legally grabbed nearly nine million acres of commons land within the Three Kingdoms. It would be useful to have another inquiry, as absorbing Christians have been enclosing in the interests of monopolizers and meat producers. In Ireland, out of 15,219,000 arable acres, 12,278,788 are meadowed and devoted to the ovine and bovine species, only 1,594,157 acres are retained to feed mankind by cereal crops. Statistics prepared by the Irish army, alias Constabulary, state there are about 4,229,000 cattle, and LAND LKSSONS. 21 4,962,000 human beings, so that probably twelve acres are enjoyed by the four-footed beast or lord of the soil, whilst only ONE acre is allowed for the biped creature with a soul like to God's. If this cultivable area was divided according to the ancient Israelitish, the Mediaeval Celtic, or the modern Slavic system, there would be a farm of from four to five acres for every single man, woman, and child resident inside of " congested Ireland." Nearly four-and-a-half millions of acres is only giving poor herbage ; some seven millions acres require drainage, all would pay for improvement by labour and culture. But outside this there is an enormous ever-increasing quantity of waste land of no value as private or public property ; if taken as a State asset and nationalized it would at once provide a safe output for idle capital which need not be exported to foreign bubble stocks, and also give much- needed work to unemployed labour — stopping an exodus of exiles who will be a source of danger whenever the chance occurs. If this scheme was economically and honestly managed without ruinous law expenses and red- tape foolery, it would reduce taxation by the accruing profit, create contentment, and almost obliterate that growing pauperism which is the cancer of competitive capitalistic civilization. This land question has been peacefully settled in Belgium, France, and Germany. Why should English statesmen be afraid to do their duty, so that all classes may co-operate to live in peace and plenty ? British land monopolists might, with prudence, remember Hugo's sentence: — "An invasion of armies can be re- sisted, an invasion of ideas cannot be resisted.'' FEUDALISM. Put not your trust in Princes.'' — Psalms, During Saxonism the greater portion of English soil was practically owned by the occupying ceorls or cultivators, and called folks' land ; a small allotment was held in fee by the nobles, for the performance of certain duties, as re- 22 LAND LESSONS. quired ; a land tax was levied. "The king himself could NOT appropriate any portion of folk land without consent of the Witenagemot " (Assembly of the Wise) or grand national 'council. William the Conqueror changed the method. New races introduce fresh laws. In the hands of a few powerful, unscrupulous men, or by the manipula- tion of a selfish, interested class, Law is the root of all National robbery and social injustice. The Saxons were treated as rebels, and their possessions alienated by law. The king of the sword claimed the right to all the land as trustee for the people. Who dare deny his law when he had the will and power to enforce it? The Feudal system nominally vested the land as a holding in the lord ; this explains how the term, "landlord/* was intro- duced. Properly speaking, no one is lord of the land but Him who made it. Lawyer-made titles can only confer the disputed right of holding, which may, at any moment ^ be disturbed by superior force. The term, landlord, is equally mythical as the phrase, "Divine right of kings;" it has no logical efficacy, though it may possess a legal dis- tortion. Landholder is the correct word. No creature manufactured or can destroy the land. Empires and generations melt even out of memory. The land still remains. Can the miserable, shadowy holder be its lord ? As a matter of historical fact, feudal lords, called lords of the land, received holdings on condition of performing well defined ohligations. All land- holders were really simple trustees, under vassals of a suzerain who was generally king. The olden people's land became Royal demesnes. Socage or land tax was a payment to the monarch, mainly to meet war expenses. He was also lord of all the towns and houses, whose inhabitants paid the Crown Tallage or house rent ; but he did not claim the tenants' property as ground land- lords now do by law. As the Royal power waned, that of the lords grew stronger. The English Chronicle or oldest extant Teutonic history relates how " in the reign of Stephen, seven centuries since, the landholders or nobles of England, taking advantage of a disputed throne and a weak Govern- I LAJSD LESSONS. 23 ment, built for themselves 11,000 castles. Sallying forth from these strongholds they seized every man and woman who had managed by industry to acquire a little wealth, and by the infliction of horrible torture extorted the results of their labour from them. To such an extent did this go on that the ground lay all untilled, and men refused to work, when there was no security that they would enjoy the fruits of their toil.'' This aristocratic brigandage was transferred as a legal procedure to Ireland, where insane divisions allowed the land-grabbers permanent settlement in a small seaboard district, and also suffered occasional internal conquests. The feudalistic emigrants sustained their retainers within the Pale by ravaging and impoverishing the wild Irishrie" in their own territory, so as to civilise and christianise the Insula Sanctorum, Land possession and tenant retainers were the only objects of rulers, so the period which extends from the Anglo-Norman invasion to the passing of the Catholic Relief Act, was marked by the endeavour to establish certain alien systems of land-tenure. The wel- fare of the people was scarcely considered at all; but, as a rule, evictions were unknown, except those made by the s word of civil strife. The spirit of the new tenures was essentially feudal — the feudal noble having his tenants as vassals, found them useful, because obedient in all things. Ilis quarrel was not with them, but some rival against whom he could lead them occasionally. The country was at various times portioned out amongst adventurers from England, who were entrusted with exceptional powers for the pacification of their districts, but seeing that peace would not be the best for their personal interests, they be- came fomentors of anarchy. They opposed the extension of English laws to their Irish neighbours who found them- selves deprived of their own Brehon laws and denied the protection of the laws of England. These feudal colonists forged plots and treasons, in order to get the territory ruled over by some Irish chief, partitioned out among themselves. They would also invite some of the principal Irish to a feast, which terminated in massacre, and hire assassins to proceed into the Irish country to murder the 24 LAND LESSONS. Irish chiefs. For killing an Irishman the penalty was five pounds. Both James I. and Charles tried to make planta- tions of English and Scotch settlers in Ireland. The Irish Privy Council wanted James to drive all the native Irish into the mountainous province of Connaught But all the plans of these feudal freebooters were broken by the wars which gave England a Commonwealth and Ireland a Cromwell. He adopted the rejected policy of the Irish Privy Council, drove all the proprietors of three provinces into Connaught, and hemmed them in by military settlers. Many common people were allowed to remain, because they might be useful to new settlers, and become Puritans. This devastation was made that Cromwell might satisfy those who advanced money to carry on the war, and also the Army, whose pay was in arrear, by giving them grants of land. The new settlers were as rapacious and tyranni- cal as the old. The landlord ruled his estate as a feudal despot, with but little check from the law. He extracted all he could from his serfs, and generally spent it in rude pleasures, and often got into debt by his extravagance. The Revolution of 1688 came to re-open old wounds — the Irish fighting for one of those unlucky Stuarts who were the cause of so much misfortune to Ireland. Queen Mary, Elizabeth, James, Cromwell, Charles I. and II., and William III,, often assisted by what were called Irish Parliaments, robbed the people of their land ; thus the vaunted old titles are generally founded on legal fraud or open force. Lord Clare, the Chancellor, in a speech delivered Feb- ruary 10th, 1800, said :— "The situation of the Irish nation at the Revolution, stands unparalleled in the histories of the inhabited world. If the wars of England carried on here from the reign of Elizabeth had been waged against a foreign enemy, the inhabitants would have retained their possessions, under the established laws of civilized nations, and their country have been annexed as a province to the British Empire. What then was the situation of Ireland at the Revolution, and what is it at this day ? The whole poiuer mid property of the country have been conferred by successive monarchs of England upon an English colony, composed of three LAND LESSONS. 25 sets of English adventurers, who poured into this country at the termination of three successive rebellions. It is a subject of curious and important speculation to look back to the forfeiture of Ireland incurred in the last century. The superficial contents of the island are calculated at eleven millions and forty-two thousand six hundred and eighty-two acres. Confiscated in the reign of James I., the whole of the Province of Ulster, contain- ACRES, ing ... ... ... ... 2,830,837 Set out by the Court of Claims, at the Res- toration ... ... ... ... 7,800,000 Forfeitures of 1688 ... ... ... 1,060,792 Total, 11,697,629 So that the whole of the island has been confiscated, with the exception of five or six old families of English blood, some of whom had been attainted in the reign of Henry VIII., but received their possessions before Tyrone's rebellion, and had the good fortune to escape the pillage of the English republic inflicted by Cromwell ; and no inconsiderable portion of the island has been confiscated twice, or perhaps taken in the course of a century." By the Booh and the Battle the Irish people have been divorced from their native soil and birthright. Originally sword law decapitated the head of the state from the body of the people, in whom were vested the land or God's agent of existence. By abolishing the Saxon representative system of shires, hundreds Siud probi homines , substituting instead Norman nomination, brute force, and curia regis — subsequently allowing mock representative parliaments, coerced by a lawyer, created hereditary oligarchy to manu- facture one-sided legislation, approved of by a kingly figure head. The protection and sustenance afforded by feudalism to friendly retainers has been succeeded by constitutional accumulation, money extraction, wasteland, and pauperism, which threatens danger to the English Empire. 26 LAND LESSONS. A determined opponent writing about Ireland in the North American Reviewer in January, 1880, Mr. Froude,. says : — " Of all the fatal gifts which we bestowed on our unhappy possession was the English system of owning land. Land, properly speaking, cannot be owned by any man — it belongs to all the human race. Laws have to be made to secure the profits of their industry to those who cultivate it ; but the private property of this or that person, which he is entitled to deal with as he pleases, land never ought to be, and never strictly is. In Ireland, as in all primitive civilisations, the soil was divided among tribes. Each tribe collectively owned its own district. Under the feudal system the proprietor was the Crown, as representing the nation, while the subordinate tenures w^ere held with duties attached to them, and were liable, on non-fulfilment, to forfeiture. In England the burden of defence was on the land. Every gentleman, according to his estate, was bound to bring so many men into the field properly armed and accoutred. When a standing army was substituted for the old levies the country squires served as unpaid magistrates on the commission of the peace. The country squire system was, in fact, a develop- ment of the feudal system, and, as we gave the feudal system to Ireland, so we tried long and earnestly to give them our landowners. The intention, doubtless, was as good as possible in both cases, but we had taken no trouble to understand Ireland, and we failed as completely as before. The duties attached to landed property died away, or were forgotten, the ownership only remained. The people retaining their tribal traditions believed that they had rights upon the lands on which they lived. The owner believed that there were no rights but his own. In England the rights of landlords have similarly survived their duties, but they have been modified by custom or public opinion. In Ireland the proprietor was an alien, with the fortunes of the residents upon his estate in his hands and at his mercy. He was divided from them in creed and language, he despised them as of an inferior race, and he acknowledged no interest in common with them. Had he been allowed to trample on them and LAND LESSONS. 27 make them his slaves, he would have cared for them, perhaps, as he cared for his horses. But their persons were free, while their farms and houses were his ; and thus his only object was to wring out of them the last penny which they could pay, leaving them and their children to a life scarcely raised above the level of their own pigs.'' "The land belongs to the Nation, to the State, to the people." " No nations would admit that they exist upon sufferance, that they hold their liberty to exist upon the soil of their country at the pleasure of the minority'' ; but, though Arthur Arnold wrote that passage in Free Land, 1880, the dominant minority in Ireland have still the power of depopulation by eviction. Irish landholders exercise the most absolute authority that at present is allowed to exist in any civilized community. Sentences of death are general, and the Government will have no people to govern if the system is continued. The Democrat quotes : — "In 1882, after a tour in Ireland, Mr. John Morley wrote respecting the Irish landlords: — 'They talk about the rights of property as if they were not living on the confiscated improvements of the cultivators of the soil. They denounce the incorrigible indolence of a population whose toil it is that supports luxurious palaces of indolence for their masters. Themselves the neediest aristocracy in Europe, they have no language too strong for the im- providence of their inferiors. Great lords who never go near their estates from year's end to year's end are very edifying on the ruin that will befall the hapless tenantry if they are left to themselves. With virtuous indignation the class that has for generations been in the habit of spending its Irish rents to the tune of millions a year in any place in the world except Ireland solemnly warns the tenants that they are depleting the country of its capital.' To-day the landlords wish to leave the country bag and baggage. And they demand that enormous compensation shall be given them for ceasing to live * on confiscated improvements of the cultivators of the soil.' The demand for compensation should come from the robbed, and not 28 LAND LESSONS. from the robber. For the moral evils which landlordism has wrought in Ireland no human compensation can ever be made." CAPITALISTIC LANDHOLDERS. RENT. *' Their good, ill health, wealth, joy or discontent, Being, end, aim, religion, rent, rent, rent." — Byron. ** The widow is gathering nettles for her children's dinner ; a per- fumed seigneur, delicately lounging in the CEil de Beuf, hath an alchemy whereby he will extract from her the third nettle, and call it rent,'' — Carlyle. The landlords " exercised their rights with hands of iron and renounced their duties with fronts of brass." — London Times, " The first object of a good Government is not that rich men should have their pleasures in perfection, but that all orders of men should be good and happy." — Sydney Smith. The economical development of our nation should be set before our country for its future direction, so as to corres- pond with its real conditions and rational ends. '*The mechanism of the body social must be influenced by home legislation so as to point out the law and customs that bring it trouble, and ensure arrangements that will be most favourable to the creation of well-being by the em- ployment of labour, which shall be ensured the result of its steady industry. Under Irish clannish tenure all the members of the tribe or family had an equal right to their proportion of the whole; this enforced mutual depen- dence and created self-respect, as opposed to the vassalage to feudal lord. If a tribe was driven or emigrated to a 'j locality where it held no hereditary claim, then rent was demanded by the king of the district. Conquerors also enforced rent. It was levied as a tribute rather than according to the modern fallacy of free contract in which the monopolist has dictated his own terms. In its first conception and gradual growth from custom to law, rent is the offspring of violent brute force. The English began to pay Danegelt or land tax to the Danes about 995. The Irish civilizer, alias Henry II., was the LAND LESSONS. 2fi first to introduce a tax on military tenants of the crown, termed scutage, imposed as a recompense instead of per- sonal service ; the generous nobles compelled their poor retainers to pay rents, and so made a vulgar profit on the transaction. Further, taking advantage of monarchical impotence, the holder began rack renting and evicting. Those noble customs of appropriation and depopulation have been shielded through law, and maintained by oVder which is salaried principally with proceeds of taxation on commerce. Land was originally lent by the state for a return called reddit," now corrupted into rent. The trustee had to lead his retainers or tenants properly equipped to the wars, and if he did not give satisfaction, the land Avas taken from him and lent to another. The KEDDIT was not paid in money but personal service. When a tenant or warrior died, his horse and armour should return to the lord to fit out another retainer for the war. Sometimes the horse was worn out or dead. So a law was passed empowering the lord to seize the best beast in the tenant's estate or a money fragment, — this was called a heriot. In Charles II.'s reign, landholders made a law to get rid of its own return ; Reddit, or rent to the state, it continued the payment of the heriots to itself. This is a direct proof of the legal right of the people to the soil and the Exchequer to the rents. Previous to 1692 the land paid all the taxes. That landholders' parliament agreed to pay a land tax of 4s. in the pound, but the valuation was made 150 years ago. Ever since the possessors of land have been appropriating the property and labour of the tenants. The rental of Ireland is five times more than it was then. Tables prepared show^ that all over the three kingdoms, while in 1814 land paid 69 percent, of the whole of the local rates, it does not now pay more than 23 per cent. In other words, out of every £100 required for local taxa- tion, the land, which used to pay £69, has gradually passed through the falls of £49, £33, £27, £26, until now it is £23. The burdens on land therefore have gradually and enormously diminished ; the proportion it used to pay being now borne by other items, by changes of indirect taxation. The ruling classes, alias the landowners, de- 30 LAND LESSONS. crease their own taxation and put it on commerce. The foundation of all government is in the possession of land. The House of Lords, parliamentary land-holders, county Lord Lieutenants, Agricolous Privy Councils, mighty Resident Magistrates, branches of land-owning families, Deputy Lieutenants with large land ratings, land agents posing as J.P/s, and lawyers inventing fundamental laws, are'all of the earth — earthy. It shall be useful to examine and analyse the title-deeds under which landholders pre- sume to continue arbiters of the state and dictators to the people, as shown by the financial fact that in Holland land alone pays 9 per cent. ; in Austria, 17| ; in France, 18^ ; in Belgium, 20 J; and in Hungary, 32|; while in the Three Kingdoms, land only paj^s oij per cent. TITLE AND TENANT. ** Woe unto you lawyers, for ye have taken away the key of knowledge.* ' — Christ. The sententious idiom it is the law " often commands approval and prevents inquiry, yet a lapse from primary principle may, in the course of generations, be worked into Law. Interested deafness, moral blind- ness, and enforced silence, decline to set the mind to work upon first principles. Subsequent sophisms are carelessly and lazily adopted as unalterable facts ; thinking men should be careful to distinguish between law founded on Divine justice, coupled with human expedience and lawyers' interpretation, with placing | of fundamentals ; those arrangements are sometimes the outcome of personal privilege, as opposed to public advantage. The irresponsible unlimited prerogative of private property in land has been the result of usurpation, which destroyed the old Saxon usages. Lawyers are generally the highly paid allies of power, they hide the key of knowledge and imprison industry within the paper walls of monopoly. John Stuart Mill, the great political econo- mist, declared " the land of Ireland, the land of every LAND LESSONS. country, belongs to the people of that country. When the * sacredness of property' is talked of, it should always be remembered that any such sacredness does not belong in the same degree to landed property. No man made the land. It is the original inheritance of the whole species. Its appropriation is wholly a question of expediency. When private property in land is not expedient, it is unjust.'' Burke said : — " It is not what a lawyer tells me I may do, but what humanity, reason, and justice tell me I ought to do." Philosophic Herbert Spencer, in his " Social Statistics," says : — Equity does not permit property in land, for if one portion of the earth's surface may justly become the possession of an individual, held for his sole use and benefit, as a thing to which he has an exclusive right, then other portions of its surface may be so held, and our planet may thus lapse into private hands. It follows that if the land- owners have a valid right to its surface, all who are not landowners have no right at all to its surface. Hence such can exist on the earth by sufferance only. They are all trespassers. Save by permission of the landlords they can have no room for the soles of their feet — nay, these landless men may be equitably expelled from the earth altogether." Sacred prerogative long robe gentlemen seldom quote Judge Longfield : — " The right of private property in land is a political NOT a natural institution." This is merely a plain statement devoid of legal technical phraseology, derived from the study of Blackstone, Spelman, and Coke, w^ho were particular legal scientists, unlike the generalising professionals with whom law and order, and "sacred rights of property " are stronger phrases than the ten commandments. The joint interest of the public in land has never been, and can never be, excluded by mere black letter law or formidable parchments. British law acknowledges this fact, but the doctrine is scarcely ever ventilated in Irish courts. Originally the noble land- holders had not the power to sell, but during Henry VIII.'s reign, the law of wills was passed, giving them greater 32 LAND LESSONS. authority over their tenures. By law they were not allowed openly to sell, but as usual the lawyers helped the powerful to evade and break through the law, and make quiet, secret sale. In this way the aristocrats sold what was state property ; so by means of legal chicanery they gradually became the owners instead of tenants to the Crown. Land was thereby created a marketable com- modity. The lawyers are responsible in connection with the nobles for this iniquity. The commercial classes bought to become ennobled, money became master of the situation, and the people were discounted to allow the doctrine of absolute property in land, yet Williams on the law of real property, lays down : — " The first thing tho student has to do is to get rid of the idea of absolute ownership. Such an idea is quite unknown to the English law. No man is, in law, the absolute owner of lands, ' he can only hold an estate in them/ English law is absolutely metamorphosed in Ireland by the extension of executive administrative authority, which extinguishes the spirit, and annuls the practice of constitutional justice.'^ Froude lays down : — " Private ownership in land is per- mitted, because government cannot be omnipresent, and personal interest is found on the whole an adequate security that land so held shall be administered to the general advantage." But seeing that men are born into the world without their own wills, and being in the world they must live upon the world's surface, or they cannot live at all, — no individual, or set of individuals, can hold over land that personal and irresponsible right which is allowed them in things of less universal necessity. Land possession directly affects natural prosperity. The English system of tenure is the worst in the world, having no- parallel except in America, where attention is being rivetted to its glaring defects. As a consequence there is a greater ratio of paupers and more general destitution in the Three Kingdoms than -in any part of the known globe (except perhaps India under British rule). English poor law is a unique institution to pay an army of officials and hang on political purposes. It does not even attempt the State relief as given by land mono- LAND LESSONS. 33 polizing Patrician Romans. In Ireland temporary poverty means imprisonment, as the law distinctly orders that a family may starve if they do not break up their homes and go into the idle workhouse to be manufactured into permanent paupers, and become a lasting charge on rate- payers. This is the legal common sense and Christian communism ; meanwhile the land goes to waste for want of labour. There is no article of commerce the origin of which cannot be either directly or indirectly traced to land. The physiocrats, a well-known French school of economists in the last century, were so impressed with this fact that they regarded land as the sole source of wealth, and paid little attention to other industries than agri- culture. The limited quantity of land and the limited productiveness of it are the real limits to the increase of production of wealth. After a certain and not very advanced stage in the progress of agriculture, it is the law of production from the land, that by increasing the labour the produce is not increased in any equal degree ; in fact, doubling the labour does not double the produce. This general law, says John Stuart Mill, is the most im- portant proposition in political economy. It lies at the root of the laws that regulate rent and that govern the increase of population. The laws that regulate rent in Ireland have been manipulated, forged, and enforced altogether in the interest of capitalistic landholders. Industry and economy are the natural and just sources of wealth, yet those who possess parchment titles to land have stopped industry and paralysed economy by raising rents and appropriating improvements. Truly Buckle declared " landlords are perhaps the only great body of men whose interest is diametrically opposed to the interest of the nation." This is perfectly true regarding im- ported monopolizers of land in Ireland, witnesses, Edmund Spenser, 1596 : — *'The lords of land do not there use to set out their land to farme for tearme of years to their tenants, but only from year to year or during pleasure . . . The landlords there use most shamefully to racke their tenants, laying upon them coin and livery at pleasure, and exacting of them besides his covenants what he pleaseth." c 34 LAND LESSONS. Sir John Davis, 1612: — "The lord is an absolute Tyrant and the Tennant a very Slave and Villain, and, in one respect pa ore miserable than Bond Slaves. For commonly the Bond Slave is fed by the Lord, but here the Lord is n fed by his Bond Slave." 1725, Dean Swift :— " Rents are squeezed out of the blood and vitals and clothes and dwellings of the tenants who live worse than English beggars." Lord Clare, 1787 : — " The peasantry are ground down to powder by enormous rents." Later on Royal Commissions disclosed if possible a more lamentable state of affairs, but a landholding parliament and hereditary house of landholders preferred to provoke revolution rather than provide a remedy, which would lessen their income and prerogative. The Incumbered Estates Court enabled capitalists to purchase social position, and the privilege to appropriate the earning of tenants. Thus the land, which should be the basis of national wealth, was, through the improvidence of landholders placed at the mercy of mere speculators — men of " blood and iron," who only con- sidered the profit. Human suffering, domestic ties, or national depopulation, did not weigh in the nicely -balanced minds of land investors, who bought the lives, liberties, and wage-earning capabilities of those who unfortunately existed upon estates under misnamed voluntary agreements termed leases. Incumbered estates' titles wiped away any previous blots. Legal sophists were very particular about title, but never thought of the tenants' lives or improve- ments. Having powers within the law, speculative pluto- crats and absentee absorbers recognised no duty, save a quick return and large percentage, as Froude explains in his Short Studies on Great Subjects The (Irish) landlord may become a direct oppressor. He may care nothing for the people, and have no object but to squeeze the most that he can get out of them fairly or unfairly. The Russian Government has been called despotism, tempered by assassination. In Ireland landlordism has been temperedby assassination . . . Every circumstance com- bined in that country to exasperate the relations between landlord and tenant. The landlords were, for the most part, aliens in blood, and in religion. They represented LAND LESSONS. 35 conquest and confiscation, and they had gone on from generation to generation with an indifference for the wel- fare of the people, which would not have been tolerated in England or Scotland. The law had at last to interfere to protect the peasantry in the shape of Mr. Gladstone's Land Act — the best, perhaps, the only good measure, which has been passed for Ireland for the last two hundred years." A Scotchman, Professor John Stuart Blackie gives evidence — " Among the many acts of baseness branding the English character in their blundering pretence of governing Ire- land, not the least was the practice of confiscating the land, which by real law belonged to the people, and giving it, not to honest resident cultivators, which might have been a polite sort of theft, but to cliques of greedy and grasping oligarchs, who did nothing for the country they had appropriated but suck its blood in the name of land rent, and squander its wealth under the name of fashion and pleasure in London." All this was accomplished under the guise of legislative sanction. Our Lord declared " love your neighbour as yourself," contained the whole fulfil- ment of Christian law. 1900 years after His birth, behold the majesty of civil law embodied in a military constable armed cap-a-pie chasing chickens and pocketing potatoes from the wretched starving peasants in Gweedore. An economical methodof collectingseed-rate, costing a hundred times the amount of debit. But prostrate your intellects, ye Gaelic dullards, and admire the British idol of infallible legal supremacy. 36 LAND LESSONS. Eviction and Error. Get ye gone into another country and eat your bread in a strange land." Neither is the population to be reckoned only by the number for a smaller number that spend moee and earn less, do wear out an estate sooner than a greater number that live lower, and gather more. There- fore, the multiplying of nobility, and other degrees of quality in an over-proportion to the common people doth speedily bring in a State to necessity." — Bacon. If care and circumspection be not used by the State, danger will arise." * * I have no sympathy with a policy which improves a country by getting rid of its people. It is a policy of despair. It is like the theory of Dr. Sangrado of Gil Bias fame, for the curing of disease by blood letting, the life of the body. I cannot accept the policy of making a solitude and calling it political economy. I am entirely against pressing people out of their own country." — Sir W. Harcourt. In the early history of mankind the legal process called eviction was utterly unknown. An enemy might come and seize the soil, making its inhabitants pay tribute. In the Celtic judicature there does not appear to be any pro- vision made for the ejection of tribal landholders, the exact equivalent of the word eviction is perhaps unwritten in the Erse language. The Saxon people were also rooted in the land, even the Norman Saxons protested against feudal land clearances. When the ancient aristocracy was replaced by adventurers, who began to make money by rack renting and evicting, Henry VII. ordered tenants to be restored, telling the landholder it was for the purpose of keeping men in their land he was entrusted with his estate. Bacon relates how to prevent immense grazing tracts being formed, the statute of tillage was passed limiting the number of sheep to be kept by any farmer, and preventing anyone holding more than two farms. This statute might be useful in Ireland, where beef and sheep growers are lords of legislation. It was also enacted that if two farms are held, the holder (mark not the owner), the holder must reside in the parishes, where they be upon penalty of 3s, 4^d. for every week of absence, a large sum in those days, Edward the III. statutes are revived by black letter practitioners for coercive useSo LAND LESSONS. 37 Why don't they disinter those Henry VII. laws, to preserve the people at least by a recollection, — that humane practice was once law. An Act was passed preventing a landlord from pulling down any farm house that had 20 acres of land attached to it How often has this legislation been violated in Ireland under the name of OLD ENGLISH I-AW. In the reign of Henry VIII. acts were passed preventing enclosures of commons, yet nine millions of acres have been enclosed by more recent Parliamentary action. The con- solidation of farms was declared illegal, still all the powers of British law and a standing army was used at the expense of all taxpayers, to evict small holders and con- solidate " immense tracts in Ireland. Bat the Irish landholders, like the nobles in the time of Henry the VIIL were too powerful for the disorganised people who passively acquiesced to the domination of closely connected interests, whose command of governmental resources and techni- calities enabled the accomplishment of their purpose however opposed to general utility, or to the spirit of JUST LAW. Landlordism has depopulated the country and allowed the land to go to waste — it has increased rent and lessened production ; it has exported millions of money and trans- ferred the great burden of taxation from landowners to consumers, producers, and tenants. It caused most of the suffering, degradation and crime that has occurred in Ire- land for generations. The prevalence of wide-spread poverty and disaffection among the masses, consequent on ruinous exactions and social tyranny, threaten to over- whelm many established institutions. In the twenty years between '46 and '66 landlordism levelled 250,000 Irish homesteads, and nearly 4,000,000 persons were banished in one generation from a land capable of support- ing thrice its present population. This weakening of the Empire was brought about by the legislative action of alien landholding lawmakers, aided by the lawyers who interpreted and administered civil law without appeal to historical precedent or public utility. It is indubitably stated that the old English common law thought the offence of depopulators (that is, evicting landlords) so 38 LAND LESSONS. grave as to deprive them of the benefit of clergy, and so contrary to the common weal that even the King could not pardon them ; while the common law would not grant such depopulators either the privilege or the sanctuary of Christian burial. The old English law does not appear to have been included in the studies of those who aided and abetted depopulation, consolidation, and rent raising. Landholders who would rather let land lie idle than reduce rent should be reminded that under the old law of England, " the mere neglect to cultivate or inhabit the land involved its confiscation to the King's hand," i.e., to the State. The more learned may find proof in Kemble s " Saxons in England," vol. 2, p. 52, or in " Hist : Elien," vol. 1, p. 1, Friar Thomas's " History of Ely." The arable land of Ireland in 1851, after the famine, was 5,788,000 ; it is now about 4,600,000 acres. Who was fined or brought to justice for this conversion of fertility into barrenness ? For it is related by Hume in his History of England, " that in the year 1634 Sir Anthony Roper was fined £4,000 for depopulation, or turning arable land into pasture land, under the provisions of a law enacted in the reign of Henry VII." Ireland's population in 1843 was a little imder nine millions. In 1886 it is less than five. Who was fined for the depopulation of the country ? If the process goes on for another generation Ireland will be the Sahara of British rule, with a town oasis of inhabitants here and there to relieve the monotony of a rural desert. Alien unnatural legislation for Ireland, resolves itself into a state of things which would be punishable by law in England, if not previously prevented through public opinion. By a hollow mockery of representative govern- ment, the land created by God to sustain the children of men, and the national revenues levied for the promotion of general utility have been seized by those who had cleverly wrested the power from the inhabitants. Mono- polies and privileges were legally created to enrich certain limited classes. Any revolt against authority, obtained by nomination and supported by force, was termed rebellion ; every attempt of the people to obtain natural rights, incited by reasonable humanity and sanctioned by Divine law, LAND LESSONS. 39 was savagely punished by the civil and military instru- ments of legislation. The merest technical difference of opinion as to the mode and fundaments of government was adjudged to be treason, and suffered accordingly. Such proceedings might lead to the false supposition that governmentalists made the land, earned all the money, created the people, bestowed the light of reason, and flattered the Irish race, by grasping the soil and accepting salary to rule the Celt and enrich the upper Saxon, for the democracies of Great Britain are in just as woful a plight as their Irish neighbours. Financial famines are caused by rack rents exported to . absentee landlords, double taxation sent aw^ay to a foreign Exchequer, commercial annihilation is effected by anti- Irish import agents called merchants. The Mammon Moloch of '48 sacrificed about 1,100,000 lives, but a Con- stitutional Christian Government did not see anything in the circumstance to cause State aid to he required. This extermination policy has been repeated more than once, yet " the first duty of Government is the preservation of its people.'* A brief resume of Irish Parliaments, repre- senting the Anglo-Norman element, will show how pretence can overrule reality. The last Parliament was a sectional sectarian assembly, but Ireland prospered. Since that period, under the name of Union, and cloak of law and order, the Irish nation has been perversely pauperised, dangerously decimated, extensively exiled, and deeply degraded, because strangers governed and administered the Constitution. Law was the fulcrum which moved the avalanche of misery to entomb the unfortunate people beneath its des- tructive shadow. 40 INTRODUCTION. History is the torch of truth, the witness of ages, and the oracle of life." — Cicero. The greater portion of " Irish Parliaments " appeared as letters in the Nation. They are re-issued by desire and permission. A perusal may be useful to political petri- factions drowning in the sink of ignorant prejudice. Ephemeral thinkers and obstructive, academical educa- tionists, posing as teachers of public opinion, ignore Irish legislative history as an antediluvian tradition, and scarcely ever advert to the fact that for nearly six centuries Ireland was a. distinct kingdom under Parliamentary Government, just so far as English legislative authority possessed the narrow power of making laws, of overlooking their admin- istration, and of rudely watching administrators. Begin- ning with the synods and public councils, 1172, to Baronial parliaments in 1253, and duly recognised parliaments of the Pale in 1311, there is a clear authentic enrolment of very many Parliaments assembling in various places at different intervals, until the beginning of the present cen- tury. Strange it is that the British Empire was not dis- membered, although five uprisings against oppression took place during those centuries. The incapacity of imported rulers to conciliate or govern Ireland is thereby demonstrated. God implants in the human soul a longing for independ- ence ; no amount of slavery can eradicate it ; empty words will not do duty for acts. Every people has the right to govern itself. Success is the final test of wisdom ; English rule in Ireland has always been a dismal failure, and if the policy of ruling Ireland from an English Parliament is continued, it will end Parliamentary Government. The Kingdom of England was not disintegrated from 1376 to 1485, nor did the integrity of the Empire dissolve from 1782 to 1800, yet during those years Irish Parliaments absolutely denied the right of Westminster to interfere with legislation in Ireland. . IRISH PARLIAMENTS. 41 IRISH PARLIAMENTS. Woe to the land on whose judgment seat a stranger sits, at whose gate a stranger watches." Chapter I. FROM 1170 TO 1317. It is difficult to arrive at facts in antiquarian research, as negligence, ignorance, and misrepresentation obscure distant history. This is more particularly the case when the records are kept by those who desire to conceal the truth. No more striking instance could be given as an example than the alleged Bull of Adrian, which such competent authorities as Cardinal Newman, Father Burke, Dr. Lynch, etc., have repudiated as not being genuine. "Father Yorke lately lectured that twenty-one Bulls were issued by Pope Adrian IV., and the origiuals of these Bulls were to be found in the Papal archives at Rome, but there was no trace at all of this alleged Bull addressed to Henry II. of England. The document has evidence on the face of it that it is a forgery. It purported to be addressed to some English King, but the name of the King was not mentioned. Neither was it signed nor sealed, nor was the name of the Pope to it, and it was quite incomprehensible why such a document, if it had been issued, should be so utterly devoid of all signs of authenticity. It purported also to have been issued from Rome, and the Pope was not in the Eternal City at all at the time. The Bull was said to have been obtained from the Pope at Rome in 1155 by John of Salisbury, who is said to have been sent on an embassy to Rome for the purpose by Henry II. John of Salisbury made no mention whatever of the Bull in the diary he kept of his journey to Rome, and in which he inserted matters most trivial. It was not published by Henry II. till twenty years after, when John of Salisbury and Pope Adrian were dead. In 1172 a Synod was held at Cashel, 42 IRISH PARLIAMENTS, and was attended by the Papal Legate, but there was no mention made there of the Bull, for the very cogent reason that it was not in existence. Three years subsequently it was made public at a Synod held in Waterford by a few of Henry's creatures. The only authority that such a Synod was ever held was Geraldus Cambrensis. It was also con- tended that a confirmatory decree had been issued by Pope Alexander III. in 1172 from Rome, but the fact was that, owing to the disturbed state of the times, the Pope had to go from place to place, and was not in Rome at all in 1172. The Protestant Archbishop Usher, a celebrated scholar and historian, denied that this alleged confirmatory decree of the Bull of Pope Adrian was authentic. King Henry the Second's secretary, who wrote the chronicles of the reign of his Sovereign, made no reference whatever to the Bull; and if it had been issued, St. Laurence O'Toole would not have so strenuously resisted the English invasion. Pope Adrian the Fourth would never have given such a mission to the murderer of St. Thomas a Beckett ; and during his reign from 1154 to 1156 he continued a bitter struggle against the tyrants who occupied the Thrones of Europe at the time." It was not Christian zeal but land hunger that prompted the Normans to come to Ireland. Strongbow appealed to his soldiers, showing them the rich plains of Meath, " this is a country worth fighting for," yet the men who owned it scarcely thought it worth defending, and never united against the invader. Duplicity and deceit have ever been the characteristic of state dealings with the Irish nation. A species of representative government existed in Ire- land previous to the invasion of Henry. The Celtic chiefs, although partially hereditary, were elected by the clansmen- further it was looked upon as a disgrace if a man did not belong to some tribe whose chieftain or prince should espouse the quarrel and defend the interests of each follower. The kings met first at Tara, the nobles and princes directly represented their followers ; those public councils were called together according to the exigencies of the State. The Kings as Lords, and the nobles as commons were summoned by Roderick O'Connor in 1169, to con- IRISH PARLIAMENTS. 43 sider measures for repelling the invasion invited by McMurrough. In October, 1171, King Henry II. landed with 400 knights and about 4,000 soldiers, at Croch, near Water- ford. In a wooden palace, erected on the southern side of the present Dame Street, King Henry kept his court at Dublin during the winter of 1171-72. Copying Celtic usage, he summoned a parliament of Irish only to arrange the executive government of the Pale. Now, there is no distinct record of parliament in England until 1258 under Henry III. The House of Commons appears to have come into existence about 1265, so that the Irish parliamentary council, even under British invaders, was an older institution than the English parlia- ment which now claims absolute dominion. A synod of the Irish clergy, convened by Henry, and held at Cashel in 1172, passed decrees concerning marriage, baptism, and the special privileges of the clergy, who were exempted from payment of the eric — the price of a life — by which a murderer was bound to pay compensation to the family of his victim — and whose property was not liable to any exaction from the chiefs. At a royal council held at Lismore, the English monarch imposed obedience to English law upon his new subjects of Ireland. Before Henry II. [left, he appointed Hugh de Lacy governor of Dublin in April, 1172, he directed that a castle should be built there, and that the city should be regarded as the seat of government. This is the foundation of Castle Government, and it still remains as a brand of slavery on the forehead of Ireland. Henry departed, leaving Strongbow as Earl Marshal. In the Antient Annales are found the following records : — The Irish Statute Roll will demonstrate that from first invasion of Henry II., and ever since, there has existed a parliament in that country — a legislative assembly possess- ing the usual powers of such a meeting. The Statute of Richard III. says, that Henry II. of that name had made several regulations for supplying occasional 44 IRISH PARLIAMENTS. vacancies in the office of governor. It then proceeds to amend the same. There is a purely legislative enactment made in Ireland, arranging the executive government itself and co-eval with the supposed conquest of the kingdom. Confining his observations to the limited district under English control, Hallam says : " That Henry gave charters of privilege to the chief towns, began a division into counties, appointed sheriffs and judges of assize to administer justice, erected supreme courts at Dublin, and "perhaps assembled parliaments." Limited representation in Irish Parliaments was at all times co-extensive, not merely with the English Pale, but with whatever portion of the Irish territory acknowledged a subjection to English dominion and acquiesced in its legislation. No more can be required, for, of course, ia ancient as in modern times, countries not under obedience to English law, whether in. rebellion, or as yet unsubdued, not only abstained from participation with the parliament, but scorned its enactments. Fitzadhelm was appointed second Viceroy, and in 1177 Henry II. created his son Lord John of Ireland. Two years later De Lacy was appointed Viceroy in room of FitzAldhelm, who had been recalled. On the death of De Lacy, who was slain at Durrow, in Queen's County, John De Courcy was made Viceroy in 1186. Henry II. died in 1189, and his son, Richard I., was too much engrossed in the third Crusade to care for the affairs of Ireland, which w^ere left to J ohn. In 1254, King Henry III. formally granted the kingdom of Ireland to his son Prince Edward, who, however, does not appear to have visited the island. In Rymer's F^dera will be found a writ to convene an Irish Parliament in the 38th Henry III, A.D. 1253. There is also upon a plea roll, 53 Henry III., which is preserved in Bermingham Tower, a statute of that year. In the black book of Christ Church, Dublin, which was written before 1300, there is an account of Parliament of Edward I., holden, as Sir Richard Cox alleges, before Sij^ R. Wogan, 1295 ; this historian gives a list of the members. In the 3rd Edward II., there was one, the enactments of IRISH PARLIAMENTS. 45 which were printed by Sir K Bolton (the Chief Baron contemporary with Davies.) A petition occurs upon the plea rolls of Bermingham Tower, No. 224, this petition was referred to the king in the 6th of Richard II., against the alleged illegal practice of holding Parliaments without the presence of the Lord Lieutenant, and it asserts " that from all times since the conquest of the said land the Lord Lieutenant was present." Those extracts are mainly from Monk Mason, who, in his able pamphlet on Irish Parliaments, clearly shows at length: — 1st. That Irish Parliaments were legislative bodies — 2nd. To consider how far the representation of the people in them extended — 3rd. To show that they were consti- tutionally sufficient for the legislation of Ireland, and here, that the nation was altogether independent of the English Parliament, and not bound by its enactments. On this point of Irish Parliamentary independence Molyneux forcibly argued. "The Regality of Ireland was vested in John by his father, the grant was confirmed by the English Parlia- ment and licensed by the Pope. This surely dissolves the connexion between the two Parliaments, as it con- stituted distinct princes for each land. The accession of John to the crown of England did not afterwards restore it; this operated only as the accession of James I. did upon Elizabeth's death ; and a grant of common law to Ireland, even if it were in the 12th of John's reign, could no more have restored the original dependence on the English Parliament than the importation of the laws of the twelve tables could have made Rome to be subject to Athenian legislation." As to the historical grounds for Home Rule, Molyneux, in " The Case of Ireland," published 1689, shows "That parliaments were authorised and established in Ireland from the time of Henry II." Various charters and de- clarations of right are quoted, proving that at the several times of their execution Ireland was a separate kingdom by the admission of the English Government. Laws 46 HUSH PARLIAMENTS. passed in England with the design of binding both king- doms were uniformly transmitted to Ireland to be passed into law by the Irish Parliament. The history of Poyn- ing's law puts that question beyond contradiction. It is obvious from an entry in the White Book of the Ex- chequer in Dublin, that so long ago as the ninth year of Edward L, the king and Parliament of England would not enact laws to bind Ireland without the concurrence of the representatives of this kingdom. Yet in this de- generating age of imperial centralisation English and Scotch members pass laws to bind Ireland in spite of the vigorous protest of a majority of Irish M.P.'s. Molyneux clearly shows that before 1641 " no statute was made in England introductory of a new law that interfered wdth the right which the people of Ireland have to make laws for themselves.'' Afterwards some laws were made in England to be of force in Ireland, but these were repealed by the Irish Parliament, the fact irresistibly showing they did not de facto bind the Irish legislature. De jure^ so far as there was a constitutional system, it excluded the right of the English Parliament to legislate for Ireland. Again, Molyneux proves by grave citations of cases that when a judgment happened to be removed from Ireland to England it was judged according to the laws and cus- toms of Ireland, conclusively showing on strictly legal ground the direct exclusion of the right of the English Parliament to meddle in Irish affairs. As showing how slender the sovereignty of the Pale was in Ireland at this early period, history relates that in 1315 the Irish of Ulster begged Kobert Bruce, King of Scotland, to send them some aid against the English, Bruce encouraged his brother Edward to invade Ireland. After gaining a victory at Coleraine he was crowned King of Ireland. King Robert Bruce arrived in Ireland, September, 1316, and with an army of 20,000 Scots, reinforced by a contingent of native Irish, the brothers marched towards Dublin. Robert Bruce returned to Scotland in 1317. Edward Bruce was slain in battle near Dundalk^in 1318. HUSH PARLIAMENTS. 47 Chapter II. From 1317 to 1376. By their fruits ye shall know them." It will be observed from the undeniable authorities quoted, that from the first year of the Saxon land-grabbers' in- cursion, a separate and distinct Government under a viceroy with an executive altogether apart from England was allotted. It will be found that a Parliament was held in 1317 by Roger Mortimer at Kilmainham ; at Kilkenny in 1326, and also at Dublin in 1331. D'Arcy M'Gee wrote of this period : — " The civil administration of the colonists passing into different hands every three or four years suffered from the absence of permanent authority. The law of the marches was of necessity the law of the strong hand and no other, but Cambrensis says, ' the walled towns were filled with litigation in his time.' There was, he says, ' such lawing and vexation that the veteran was more troubled in lawing within the town than he was in peril at large with the enemy.' This being the case, we must take with caution the assertion so often made of the zeal w^ith which the natives petitioned the Henrys and Edwards that the laws of England might be extended to them. Certain Celts whose lands lay upon the marches, others who compounded with their Norman invaders, a chief or prince hard pressed by domestic enemies may have wished to be in a position to quote Norman law against Norman spoilers, but the popular petitions went only from Dublin townsmen and the new settlers. The great mass of the Irish people remained warmly attached to the Brehon law down to the 17th century. The first attempt to enforce non-intercourse between the natives and the naturalized began in the time of Sir Antony Lucy, (elected 1331), when the King's Council sent over Articles of Reform, in which it was threatened, that if the native nobility were not more attentive in discharging their duties to the c King, his Majesty would resume into his own hands all the grants made to them by his ancestors, and he would enforce payment of debts due to the Crown. These articles were allowed to remain a dead letter until the administration of Darcy (Edward III.'s confidential agent). They were pro- 48 IRISH PARLIAMENTS. claimed again by this deputy (in 1342), who convened a Parlia- ment or Council at Dublin. The same year a new ordinance came from England forbidding the public employment of men born or married, or possessing estates in Ireland, and ordering all offices of State should be filled by * fit Englishmen having lands, tenements, and benefices in England.'* The Anglo-Irish resolved to offer resistance, and by the convocation of the Earls of Ormond, Desmond, and Kildare, they agreed to meet at Kilkenny. Accordingly, what is called Darcy's Parliament met at Dublin in October, while Desmond's rival assembly gathered at Kilkenny in November. There is no account given of the proceedings of Darcy's Parliament, but Desmond's despatched to the King a Eemonstrance in Norman-French, in which they reviewed the state of the country ; deplored the recovery of so large a portion of the former conquest by the old Irish, accused the successive English officials with a desire sud- denly to enrich themselves at the expense of sovereign and subject, pleaded their own loyal services to and finally claimed the protection of the Great Charter. Edward was in need of men and money for his French wars, sent a conciliatory answer, and summoned them to join him in arms. The next deputy, Sir Ealph Lifford (1343-1346), made a vigorous effort to enforce the articles of 1331, and the ordinance of 1341. By the capture of the Earls of Kildare and Desmond the policy of non-intercourse was abandoned. Desmond was appointed Lord Justice for life ; he unfortunately died soon. The only legal concession marking his period was a royal writ constitut- ing the Parliament of the Pale, the court of last resort for ap- peals from the decision of the King's Courts in that province. The favourite policy was renewed in 1357. 1367. Lionel, Duke of Clarence, enacted the Penal Code of race, known as the Statute of Kilkenny. * The March law and Brehon law are illegal, and there shall be no law but English law.' Several archbishops were parties to this statute, but they were nominees of the English King." This ancient ecclesiastical fact proves how dan- gerous it would be to allow any state interference with spiritual authority. This Parliament also prohibited, under the guilt of treason, " that the English should hold * Boycotting pure and simple by English law ever since enforced as far as possible against the mere Irish. IRISH PARLIAMENTS. 49 any intercourse whatever with the ancient Irish.'* This infernal law was afterwards revived and confirmed in a parliament held at Drogheda under Henry VII. Its statutes also forbade Irish Minstrels to enter the English Pale, and made it penal to give them shelter. Later on said good Queen Bess : " We can never make Ireland Protestant so long as the minstrels are there." A law was passed that " they were to be all hung." Lord Barry more was appointed, and took out a commission TO HANG every MAN THAT WAS A HARPER. Titled hangmen are historical personages in records of English rule long before " Firm and gentle viceroyalty." The infamous statute of Kilkenny was the commence- ment of the " penal code of race," which imported absorbers of land and taxation have almost continuously perpetuated to oppress those from whom they claim loyalty. It most appropriately sets out by reciting that : — Whereas, at the conquest of the land of Ireland, and for a long time after, the English of the said land used the English language, mode of riding, and apparel, and were governed and ruled, both they and their subjects, called Betaghese (villeins) according to English law, etc., but now many English of the said land, forsaking the English language, manners, mode of riding, laws, and usages, live and govern themselves according to the manners, fashion, and language of the Irish enemies, and also have made divers marriages and alliances between themselves and the Irish enemies aforesaid : it is therefore enacted (amongst other provisions), that all intermarriages, festerings, gossipred, and buying or' selling with the enemy shall be accounted treason ; that English names, fashions, and manners shall be resumed under penalty of the confiscation of the delinquent's lands ; that March laws and Brehon laws are illegal, and that there shall be no law but English law ; that the Irish shall not pasture their cattle on English lands ; that the English shall not entertain Irish rhymers, minstrels, or news- men ; and, moreover, that no ' mere Irishman' shall be admitted to any ecclesiastical benefice or religious house situated within the English districts.'' 1374. William de Windsor only consented to return a second time as Lord Lieutenant on condition that he was to act strictly on the defensive, and to receive annually D 50 IRISH PARLIAMENTS. the sum of £11,213 6s. 8d. — a sum exceeding the whole revenue which the English king derived from Ireland at the period; which, according to Sir J. Davies, fell short of £11,000. Although such was the critical state of the English interest this Lieutenant obtained from the fears of successive parliaments annual subsidies of £2,000 and £3,000. This is direct proof of the limited control exercised by the English from a financial or political point ; but the mad quarrels of personal spite were accounted by Irish chieftains of superior importance to National freedom. The deputies from Louth having voted against demand were thrown into prison ; but a direct petition from the Anglo-Irish to the King brought an order to De Windsor not to enforce the collection of these grants, and to remit in favour of the petitioners the scutage "on all those lands of which the Irish enemy had deprived them." In 1876 Edward III. summoned the magistrates and burghers of towns to send representatives to London to consult with him on the state of the English settlements in Ireland. But those so addressed, having assembled, drew up a protest setting forth that the Great Council of Ireland had never been accustomed to meet out of that kingdom, though, saving the rights of their heirs and successors, they expressed their willingness to do so for the King's convenience on that occasion. Richard Dene and William Stapolyn were first sent over to England to exhibit the evils of the Irish admini- stration ; the proposed general assembly of representatives seems to have dropped. The King ordered the two delegates just mentioned to be paid £10 out of the Ex- chequer for their expenses. Here is incontrovertible evidence ''that the Great Council (or Parliament) of Ireland had never been accus- tomed to meet out of that kingdom." This solemn protest was fully passed in the year 1376, yet, in 1886, integrity of the Empire, loyalists declare, that a return to the order of things which existed five hundred years ago is against the Constitution. IRISH PARLIAMENTS. 51 Chapter III. From 1394 to 1493. ' ' With desolation is the land laid desolate, for there is none that think eth in their hearts." In Ireland, although the Parliament of the Pale had de- clared itself free from English domination, it was used simply as a legal machine under direction of predominant family factions to oppress, harass, and plunder the divided Irishrie. This limited Parliament was accordingly used as a means of assisting turbulent lords even against the Crown. In England various phases of combat and struggle had taken place between Royalty and Parlia- ment; popular liberty was growing; but in Ireland a Parliament of four, or sometimes of only one county, could not claim any title to a National representative capacity, still, existing as an English institution inside Ireland, it undoubtedly asserted and proved its indepen- dence to manage Irish affairs. In 1394-95 Eichard II. lived at Dublin. In a letter to the Duke of York he tells of three races existing in Ireland — (1) the wild Irish ; (2) the rebel Irish ; (3) the English who are in obedience. In 1399 the English Pale was reduced from the ten counties of King John to /ow— which were Dublin, Meath, Kildare, and Louth. With an income of £11,000 a year, and only four counties, the foreigners held on, their weakness safeguarded by native disunion and tribal jealousy. Richard held a Parliament in 1395, and appointed the Earl of March as Lord Lieutenant; in 1405 James, Earl of Ormond, held a Parliament in Dublin. In 1401 the second son of Henry Thomas of Lancaster was sent at the age of twelve to rule Ireland. Thomas Butler held a Parliament in Dublin in 1411, when certain laws against coyn and livery were further confirmed. It was also enacted, doubtless in the interests of civilization, that none of the Irish enemy should be 52 IKISH PAELIAMENTS. allowed to depart from the realm without special leave Tinder the Great Seal of Ireland — (mark, not England) — and anyone who seized the person or goods of a native thus atten:ipting to depart, should be rewarded with one- half of the aforesaid goods, the remainder to be forfeited to the State." Verily, a just and wise statute calculated to increase the love of the mere Irish inside the Pale. In 1414, John Talbot, afterwards Earl of Shrewsbury,, landed at Dalkey, and left after a stay of a few months warring with the Septs. During the early part of the reign of Henry VI. the chief troubles of the Government in Ireland arose from Ulster. The English power in Ireland was reduced in 1430 to so low a point that the Parliament announced the county of Dublin to be the only portion of the country that was submissive to English rule. Here was a chance to clear the country of alien domina- tion; but the want of knowledge and combined action was fatal to the cause of freedom, as Bacon moralized, " It is a strange desire which men have to seek power and lose liberty.'' The lesson should not be lost by Irishmen of the present generation, who are about to regain their ancient privilege of Self-Government. A Parliament was again held at Dublin in 1441 under Archbishop Talbot. Articles were adopted praying the King to appoint a mighty Lord of England " for the oflB.ce of Lord Lieutenant instead of Earl Ormond. Although the Irish had no rallying principle of National cohesion, the Earl of Shrewsbury, certainly the greatest English military captain of the age, when he came over to Ireland with an army could not penetrate farther than O' Conor Faly's territory in Leinster. Talbot, Earl of Shrewsbury, held a Parliament at Trina in 1447. The Irish Parliament declared in 1461 that " Ireland is and always has been incorporated within itself by ancient laws and customs, and is only to be governed by such laws as by the lords and commons of the land in Parliament assembled have been advised, accepted, and afl&rmed, and proclaimed * " also that " by custom, privi- IRISH PARLIAMENTS. 53 lege, and franchise there has ever been a royal seal peculiar to Ireland to which alone the king's subjects are to pay obedience." This was a wonderful declaration from a Parliament which did not represent the people of Ireland ; for the lords were dependent and expectant on the Crown and powerless in the active business of the State, while the commons simply fulfilled the venal pur- poses of their original design, being nominated by a few nominal electors. The House of Commons, in fact, sup- plied seats for the creatures of the Crown. The English Government did its legal utmost to oppose and insult the Irish people. In 1463 a Parliament held at Trim enacted that "any person may kill thieves or robbers, or any persons going to rob or steal, having no faithful man of good name and in the English dress in their company.'' That was at least an open licence to rob legally. Such privileges nowadays are cloaked under "law and order" forms, and enforced by lawful monopoly, money power, and official irresponsibility. Adventurers are still im- ported into Ireland, and in the garb of foreign legislation assume a power which is not sustainable by justice or morality. If laws could exterminate, degrade, and permanently beggar the Irish people it should have been accomplished in 1475 ; it was enacted that any Englishman belonging to an independent Sept might reprize himself on the whole Sept or nation." 1485 brings us to a turning point in British history. English power in Ireland was then at a very low point. The native chiefs had broken down the barrier of the Pale which was now reduced to a single county. Ulster was entirely in their hands. The impostor Simnel came to Ireland, and was adopted as King and crowned in Christ Church. He then went over to England where he was utterly defeated. In con- sequence of Dublin adopting Simnel's cause, Henry the VII. sent Edgecumb on a special commission of loyalising the Irish. Subsequently, another impostor, Warbeck, appeared, and afterwards disappeared into Flanders. Disturbances and rivalries between the Earl of Kildare 54 IRISH PARLIAMENTS. and Ormond, and a difficulty about, the Lord Deputy alarmed Henrj^ He sent over Poynings as Governor, with an army of 1,000 men and a squad of lawyers, law and the sword, dual accompaniments of tyrannical government. As the Irish Parliament had in 1376 declared its inde- pendence of England, and as the Anglo-Irish of the Pale had taken the liberty of thinking for themselves, Poyn- ings, after fruitlessly marching against the abettors of Warbeck, who had fled to Ulster, proceeded, as absorbing civilizers do in the present age, to make law. Accordingly a Parliament, which represented only the kingly power, prejudice of strangers, and brute force passed statutes to undermine the strength of the great nobles by extinguish- ing the prerogative of Irish Lords and Commons, and to introduce English laws and habits, and endeavour some systematic taxations instead of Baronial extortions. In November 1493, at Drogheda, was held Poynings' Parliament. The aristocracy of the Pale, like the patri- cians of all ages, governments and peoples, had a lazy habit of living on the produce of other people's labour. For the workers of the Pale the legislation was bene- ficial, abolishing the practice of coign and livery. The nobles had a practice of coveting and occupying the tenants' lands. It is related per preamble : — At the request and supplication of the commons of this land of Ireland, that where of long time there hath been used and exacted by the lords and gentlemen of this land many and divers damnable customs and usages, called coign and livery, and pay, that is horse meat and man's meat; besides many murders, robberies, rapes, and other manifold extortions and oppressions, by the said horsemen and footmen, daily and nightly committed and done, which being the principal causes of the desolation and destruction of the said land, hath brought the same into ruin and decay, so as the most part of the English freeholders and tenants of this land be departed out thereof, some into the realm of England, and other some into other strange lands; whereupon the aforesaid lords and gentlemen of this said land have intruded into the IKISH PARLIAMENTS. 55 said freeholders' and tenants' inheritance, and the same keep and occupy as their own, and setten under them to the king's Irish enemies, to the diminishing of holy Church's rites, the disherison of the king and his obedient servants, and the utter ruin and desolation of land." Another act was passed ordering a ditch (on the Wall of China plan) to be constructed to keep out the Irish from the Pale, just as the law-order coercionists would fence out the Nationalists from the Pale of the Constitu- tion, Poynings was the legal progenitor of Anti-Irish restrictive Unionists. It was then enacted : — " That all acts made as well by his majesty as by his royal progenitors late kings of England, concerning the common and public weal of the same, were accepted and confirmed to be used in Ireland according to the tenor and effect thereof." And it was provided that "no Parliament should be held in Ireland until the causes and considerations for holding it were first certified by the deputy and council to the king, with the scope and in- tention of the acts proposed to be passed. Item, at the request of the commons of the land of Ireland, be it ordained, enacted, and established, that at the next Parliament that there shall be holden by the king's commandment and license, wherein amongst other the king's grace extendeth to have a general resumption of his whole revenues, sith the last day of the reign of King Edward the Second, no Parliament be holden here- after in the said land, but at such season as the king's lieutenant and council there first do certify the king under the great seal of that land, the causes and considerations and all such acts as to them seemeth should pass in the same Parliament, and such causes, considerations, and acts, affirmed by the king and his council, to be good and ex- pedient for that land, and his licence thereupon, as well in affirmation of the said causes and acts, as to summon the said Parliament under his great seal of England had and obtained: that done, a Parliament to be had and holden after the form and effect afore rehearsed: and if any Parliament be holden in that land hereafter, contrary 56 IKISH PARLIAMENTS. to the form and provision aforesaid, it be deemed void and of none effect in law." And further: — " The wild war-cries adopted by the English families in imitation of the natives w^ere forbidden — the statutes of Kilkenny, except as far as the use of the Irish language was concerned, were revived — the use of bows and arrows were enjoined — to stir up the Irishry to war w^as declared high treason — and the lords of Ireland were compelled to wear in Parliament the same sort of robes as worn by the Eno;lish lords in the Parliament of England." This legislation changed the channel of Irish juris- prudence. Hallam observes, *' It proved in the course of time the great means of preserving the subordination of the island." There existed some doubts as to the inter- pretations of the acts, but they were settled by a declaratory act, the 3rd and 4th Philip and Mary, by which it de- clared the chi^f governor and council empowered, during the session, to certify other causes and considerations, &c., as they shall think necessary ; but it is also declared tliat no other acts but those transmitted either before or during the session could be enacted by Parliament; thus, as Leland says, Denying the right the Parliaments had previously assumed, and confining them within stricter limits than before." So ended the independence of the Irish Parliament until it was revived in 1782. Chapter IV. THE "DEFENDER OF THE FAITH " WITH MANY WIVES, AND THE VIRGIN QUEEN, PERIOD. In every civil war the object was to displace fortunes.' —Polyhius, Greek Historian. ' Henry VIII. ascended the English throne, and the British Parliament was degraded to the level of a mindless truck to carry and levy supplies for a tyrant. Henry's will predominated over all civil and religious law. He ordered the arrest of five Geraldines who were, as a matter of IRISH PAHLIAMENTS, 57 course, attainted by an Irish Parliament, sent to London, and hung at Tyburn, February 1537. What was called an Irish government attempted to exterminate all the natives in the districts bordering on the Pale. Secretary Cromwell WTote to his Irish agents: — "The very living of the Irishry," it is said, "doth clearly consist in two things ; and take away the same from them and they are past for ever to recover, or yet to annoy any subject in Ireland. Take first from them their corn, and as much as cannot be husbanded and hand into the hands of such as shall dwell and inhabit in their lands, to burn and destroy the same, so as the Irishry shall not live thereupon ; and then to have their cattle and beasts, which shall be most hardest to come by, and yet with guides and policy they be oft had and taken. And, by reason that the several armies, as I devised in my other paper, should proceed at once, it is not possible for the said Irishry to put or flee their cattle from one country into another, but that one of the armies shall come thereby ; and admitting the impossibility so that their cattle w^ere saved, yet in the continuance of one year, the same cattle shall be dead, destroyed, stolen, strayed, or eaten, by reason of the continual removing of them, going from one wood to another, their lying out all the winter, their narrow pastures. . . . . And then they (the Irishry) shall be without corn, victuals, or cattle, and thereof shall ensue the putting in effect all these wars against them." The policy of extermination is still fashionable under the disguise of eviction, emigration, and starvation of the poor, or pinch of hunger. A parliament, sitting in Dublin, legalised the manj marriages of the amorous Henry, king of wives. Having got rid of certain proctors who represented principle not property, and therefore opposed a new religion, a parliament was held in 15S7. Virtuous Henry VIII. was decreed supreme head of the Church and anything or everything else he choose to style himself. Religious houses were suppressed and their lands confiscated to those who took the oath of supremacy, &c. In 1541 a Parliament was held in Dublin where, for the first time, Irish chieftains sat with English lords. The title, King of Ireland, was conferred on Henry VIII. A 58 IRISH PARLIAMENTS. general pardon was issued, and Sentleger writes to the King : — " There was made in the city great bonfires, great feastings, wine in the streets/' &c. In the year 1560, on 12th January, a Parliament of seventy-six members, representing ten counties, met in Dublin. After a few weeks' session the whole ecclesiasti- cal system of Queen Mary was reversed ; so that in a half- a-dozen years from Elizabeth's accession, her deputy, Sir Henry Sidney, was able to describe the miserable condition of the Irish Church, as " spoiled, as well by the ruin of the temples as the dissipation and embezzlement of the patri- mony, and most of all for want of sufficient ministers ;" adding, that " so deformed and overthrown a church there is not, I am sure, in any region where Christ is professed !" Haverty also records : — " As the statute of supremacy, 28th Henry VIIL, chap. 5 (a.d. 1536), was passed by the illegal and arbitrary exclusion of the proctors from parliament, and by the preliminary dragooning of the nation by Lord Leonard Gray, who, as Sir John Davis says, * to prepare the minds of the people to obey this statute, began first with a martial course, and by making a victorious circuit round the kingdom, whereby the principal septs of the Irish were all terrified and most of them broken,' (Hist. Eel.) ; so is there sufficient reason to believe that the statute of uniformity of the 2nd of Elizabeth was obtained forcibly or surreptitiously from the parliament of 1560. * In the very beginning of that parliament,' says Ware, * most of the nobility and gentry were so divided in opinion about ecclesiastical government that the Earl of Sussex dissolved them, and went over to England to consult Her Majesty on the affairs of this kingdom.' From this and subsequent pro- ceedings of the viceroy's it may be inferred that the act was not carried in a regular manner. It is even said that the Earl of Sussex, to calm the protests which were made in parlia- ment when it was found that the law had been passed by a few members assembled privately, pledged himself solemnly that it would not be generally enforced during the reign of Elizabeth (See Cambrensis Ever, also Analeda Sacra^ p. 431.) Dr. Curry {Civil Wars, book ii. chap iii.) has collected some curious facts in illustration of this point ; but it is not true that the statute of uniformity, was kept in abeyance until the IRISH PARLIAMENTS, 59 beginning of the reign of James I., although not generally enforced until that time. On the 23rd May, 1561, commis- sioners were appointed to enforce the 2nd Elizabeth against Catholics in Westmeath ; in December, 1562, a commission with similar jurisdiction was appointed for Armagh and Meath ; and in 1564, commissioners were appointed for the whole kingdom, to inquire into all offences or misdemeanours contrary to the statutes of 2nd Elizabeth, and concerning all heretical opinions, &c., against said statutes. Other commissions were appointed in subsequent years, but the proceedings of none of these appear to be now ascertainable." It is well known that there was no persecution, on account of religion, in Ireland during the reign of Queen Mary ; and that some Protestant families came to this country from England, about that time, in order to follow their religious persuasions undisturbed. Haverty states : — "Sir Henry Sidney summoned a parliament to meet in Dublin on the 17th of January, 1569. The history of this body is memorable for the unscrupulous and unconstitutional means resorted to in order to secure its subserviency to the crown. Members were returned for towns not incorporated ; mayors and sheriffs in some cases returned themselves; and several Englishmen were elected as burgesses for towns which they had never seen. These monstrous irregularities gave rise to violent opposition. The judges were consulted, and de- clared that those who were returned for non-corporate towns, and those who had returned themselves, were disqualified from sitting as members, but the elections of the non-resident Englishmen were held to be valid ; and this decision still left the court party in a majority. By these Stanihurst, Recorder of Dublin, was chosen speaker, and Sir Christopher Barnwell led the opposition. The first proceedings were stormy in the extreme, and the popular excitement out of doors was so great that Hooker, an Englishman, who was returned for the dilapi- dated borough of Athenry, and who has left us a chronicle of the period, had to be protected by a guard in going to his residence. In this parliament, in which the majority was a mere English faction, an act was passed attainting the late Shane O'Neill, suppressing the name of O'Neill, and entitling the queen and her heirs to the territory of Tyrone and other GO IRISH PARLIAMENTS. parts of Ulster. Laws were also enacted imposing a duty on wine ; giving the lord deputy the nomination to church dignities in Munster and Connaught for ten years ; and for erecting in the various dioceses charter schools, of which the teachers were to be English, and, of course, Protestants. A law was also passed abolishing captaincies or chieftaincies of septs, unless when allowed by special patent." Describing Munster, Sydney wrote — " I never saw a more waste and desolate land." Depopulation by famine and eviction were governmental agencies. In this Parlia- ment Shane O'Neill was attainted, and his territories of Derry and Tyrone were confiscated. Land hunger was the prevalent appetite of Christian civilisers. The project of planting Ulster was favoured by the Virgin Queen. Insurrection was fomented, so that lands might be grabbed for the loyalists. In 1570 she granted the district of Ards, in Down, to her secretary, Smith, so that the territory might be humanised.'' In 1577 the Lord Deputy, by the sole authority of the Privy Council, without the intervention of Parliament, corrected the occasional subsidies into a regular tax. Even the loyalists protested against such an open exercise of nominated despotism. The people pleaded constitutional right — the queen's prerogative was the only reply. The collection of the cess was resisted, and eventually matters were compromised by the ministers and Elizabeth. It is strange that the nominated Privy Council, ruled by the Castle, should at the present time be permitted to exercise parliamentary powers in respect to many regulations to be enforced by law in Ireland, almost without protest or exposure. In 1585 Perrot summoned a Parliament, which met in Dublin, 26th April. A number of Irish chiefs and heads of septs attended ; land forfeiture was the main business ; Eustace, Viscount of Baltinglass, was attainted. At the adjourned session, 28th April, 1586, Desmond was attainted, so that about 700,000 acres of land were con- fiscated to the crown to be distributed amongst English undertakers. Districts depopulated by the progress of England's system of civilization, were to be re-peopled by HUSH PAKLIAMENTS. Gl English and Scotch settlers. Each person, obtaining 12,000 acres, was to plant eighty-six foreigners on his estate ; the native Irish were, on no account, to be admitted as tenants, but they might be hired as beasts of burden. During the wars of O'Neill and Mountjoy, famine was caused by that Christian commander, repeatedly destroy- ing the crops, the English government in Ireland appears to have been carried on by councils rather than parliaments. Self-elected, nominated, and co-opted Privy Councillors are never troublesome to the Crown. Chapter V. James I. " The land shall not be sold for ever, for the land is MINE ; for ye are strangers and sojourners with me." — Leviticus. As a weak, vacillating Stuart, James sacrificed his co- religionists in Ireland to his fear of the Puritans. On 4th July, 1605, he commanded the Popish Clergy "to depart from the realm." The land was the touchstone of English humanisers, so gavelkind and tanistry were abolished. As usual the law came to the rescue of the strong oppressor — the Court of King's Bench abolished the ancient Irish codes, and the inheritance of property was subjected to the rules of English law — that is to say, private property in land was created by the action of an outside usurping legislature — force superseded right. The division was, firstly, to English and Scotch, who were to plant their lands with English and Scotch tenants. Secondly, to men employed under goverment, who might take English or Irish tenants as they pleased. Thirdly, to the natives of the confiscated estates, who were to be freeholders. For the full understanding of the duties and character of undertakers, see Harris's Sibernica, p. 66 ; Leland, vol. 2, p. 433. MacNevin explains :— " The estates of the chieftains were taken into the hands of the crown, and re-granted with the legal titles under which 62 IRISH PARLIAMENTS. English property was held. The system of English coloniza- tion known by the name of Plantation, was introduced. It was a summary method by which the natives, under one false pretence or another — the usual slanders of English avarice, re- bellion or non-conformity — were expelled from the inheritance of their fathers, and a grasping crew of English, but, indeed, principally Scotch adventurers, planted in the ancient homes of the people. The parliaments of the day were ready agents of confiscation, passing acts of attainder as they were required on the most ridiculous pretences, and the falsest evidence. The two great northern chieftains, Tyrone and Tyrconnell, were accused of having engaged in a conspiracy, and aware of the result of awaiting the process of English law, they fled the country and were attainted. Five hundred thousand acres in Ulster were the rich prey of the king — the splendid prize of artful iniquity. And in the domains of the expatriated chiefs of Ulster was planted that colony of Scotch and English which ' have rendered that province, from being the seat of the ivildest natives, the most flourishing, the most Protestant, and the most enlightened part of Ireland.' Such is the moral that Hallam, an English Whig historian, finds in the great scheme of national robbery which was devised by the corruptest statesman in England — Bacon — and executed by the crafty, cruel Chichester." Haverty states : — "Six counties of Ulster, Tyrone, Derry, Donegal, Fer- managh, Armagh, and Cavan, were confiscated to the crown, and were parcelled out among adventurers from England and Scotland. Various plans were proposed for the purpose, and among others. Lord Bacon was consulted ; but his plan was disapproved of. Sir Arthur Chichester, the lord deputy, was found to be more useful and practical in his views, and richly was he rewarded for the assistance which he rendered to his royal master. He received the wide lands of Sir Cahir O'Doherty for his share in this wholesale spoliation. But the wealthy citizens of London were the largest participators in the plunder. They obtained 209,800 acres, and rebuilt the city, which, since then, has been called Londonderry. Accord- ing to the plan finally adopted for the 'plantation of Ulster,' as this scheme was called, the lots into which the lands were divided were classified into those containing 2,000 acres, ^ which were reserved for rich undertakers and the great servi- IRISH PARLIAMENTS. 63 tors of the crown ; those containing 1,500 acres, which were allotted to servitors of the crown in Ireland, with permission to take either English or Irish tenants; and thirdly, those containing 1,000 acres, which were to be distributed with still less restriction. The exclusion of the ancient inhabitants, and the proscription of the Catholic religion, were the fundamental principles which were to be acted on as far as practicable in this settlement."* MacNevin relates : — It was in the reign of James that Ireland assumed the uniform political appearance it has since, with a short interval, maintained, of a subordinated kingdom united to England, and by the construction put by English lawyers, is, on the law of Poynings, with a legislature dependant on that of England. " Twenty-seven years of rapine, massacre, and disorder had passed, since a parliament had been assembled in Ireland, when in 1612 Sir Arthur Chichester, the deputy of James, intimated his intention of summoning a parliament on a wider basis, and influenced by a more extensive theory of represen- tation than had been up to that period known in Ireland. No one of Irish blood had ever sat in parliament until the end of Henry the Eighth's reign ; nor did the Irish Parliament even assume to represent the entire island until the reign of James the First. There was something constitutional and respect- able in the name of Parliament, and their sanction to the designs of conquest or oppression was seldom withheld. The Kecusant party (as the Catholics were called), however, having still a considerable power in the state, and being able to send a great proportion of their representatives to parliament, the deputy, to counteract their influence, created forty new boroughs, of inconsiderable towns, so poor as not to be able to pay the wages of their representatives.! The establishment of territorial divisions had added seventeen new counties to the representative system, imperfect and rude as it then was. The new parliament, which was loudly exclaimed against by the six lords of the Pale, Gormanstown, Slane, Killeen, Trim- * See Pynnar's Survey of Ulster, and other original documents pub- lished in Harris's Hibernica ; also, The Confiscation of Ulster^ by Thomas MacNevin, in Duffy's Library ^of Ireland. Cox says, that in the in- structions, printed for the direction of the settlers, it was especially mentioned " that they should not suffer any laborer, that would not take the oath of supremacy, to dwell upon their land." t Payment of Members. 64 HUSH PARLIAMENTS. bleston, Dunsany, and Lowth, was thus intended to present the appearance of general representation in which not only the British settlers but the native people were to have a voice. Sir John Da vies of the King's part was elected speaker. This was the first parliament in which the whole people were sup- posed to be represented. The number of members was 232 ; it was on many other occasions increased, and in 1692 reached 300. The effect of this augmentation of the representation and increase of the boroughs, will be found afterwards to have been the most fatal engine in the destruction of the Irish con- stitution in 1800." In this parliament of 1612 the " law and order" "con- stitutional" English minority, being beaten in the choice of a Speaker, took the speaker chosen by the majority forcibly from the cliair. This parliament created 40 new rotten boroughs. The main business of all those parliaments was to provide supplies to the English king from the pockets of the Irish people. This was accomplished by confiscation and spoliation of church lands and property. Haverty sets forth : — "The systematic rapine called * plantation' was so successful in Ulster, that James was resolved to extend it into other parts of the kingdom. For this purpose he appointed a com- mission of inquiry to scrutinize the titles and determine the rights of all the lands in Leinster,- that province being the next theatre of this iniquitous spoliation ; and so rapid was the progress of the commissioners, that in a little time land to the extent of 385,000 acres more was placed at the king's disposal for distribution. Old and obsolete claims, some of them dating as far back as Henry II., were revived ; advan- tage was taken of trivial flaws and minute informalities. The ordinary principles of justice were set at naught ; perjury, fraud, and the most infamous arts of deceit were resorted to ; and, as even Leland tells us, 'there are not wanting proofs of the most iniquitous practices of hardened cruelty, of vile per- jury, and scandalous subornation employed to despoil the fair and unfortunate proprietor of his inheritance.' From Leinster the system was extended into Connaught, but its principal operation in the latter province was reserved for the next reign. James I. died on the 27th of March, 1625 ; and in con- sequence of his wholesale plunder, oppression, and persecution of the Irish, left a woeful legacy to his unfortunate successor.'^ IRISH PARLIAMENTS. 65 ClIAPTKR VI. Charles I. and Wentwortii Strafford. From 1G26 to 1G42. ^' This people that knoweth not the law are cursed." On the accession of Charles I. the religion of land became more philosophically developed. It is a true saying, " opinion governs the world/' and of all opinions that of interest is the most powerful. It was St. Paul's sentiment that godliness is great gain," but "reformed" saints of this age invert the maxim, and rather conclude that "gain is great godliness." Upon this godly motive it was that zealous reformers" came into Ireland to propagate their gospel, where they took more pains to make the land turn Protestant than the people; the confiscation of men's estates (as King Charles I. well observed of that tribe's apostolic spirit) being more beneficial than the charity of saving their lives, or reforming their errors." The Irish people, who were the natural owners of their own land and should be its cultivators, were driven away. The successful invaders divided the country amongst themselves, as if they were the land makers. In July, 1633, Wentworth came over as Lord Deputy ; in 1634 he assembled a Pale Parliament, and secured its servility to his purposes by having a number of hirelings in the pay of the Crown, returned as members. The system is still extant, money and monopoly are the pillars of law, because the State will neither pay election expenses, nor Parliamentary salaries. How^ever, Parliaments are used to vote supplies from the earnings of the workers. Went- worth got his supplies passed, six subsidies of £50,000 each, although he asked only £30,000. The graces which he had definitely promised, w^ere absolutely refused. One was " that sixty years of undisturbed possession, should be a bar to the claims of the Crown for landed property." He had his own reasons, as a commission for defective E 66 IRISH PARLIAMENTS. titles was issued with the open design of confiscating a whole province to the Crown by fictitious law. As usual the law legalised all robberies of power. James I. having planted the greater part of Ireland by law, fresh ground was necessary for Protestant Colonizers from England and Scotland. Leland describes Went worth's idea: — His project was nothing less than to subvert the title to every estate in every part of Connaught, and to establish a new plantation through this whole province ; a project which, when first proposed in the late reign, was received with horror and amazement, but which suited the undis- mayed and enterprising genius of Lord Wentworth. For this he had opposed the confirmation of the royal graces, and taken to himself the odium of so flagrant a violation of the Royal promise. The Parliament was at an end, and the Deputy at leisure to execute a scheme, which, as it was offensive and alarming, required a cautious and deliberate procedure. Old records of state and the memorials of ancient monasteries were ransacked to ascertain the King's original title to Connaught. It was soon discovered, that in the grant of Henry III. to Richard de Burgo, five cantreds were reserved to the Crown, adjacent to the Castle of Athlone; that this grant included the whole remainder of the province, which was now alleged to have been forfeited by Aedh O'Connor, the Irish provincial chieftain ; that the land and lordship of De Burgo descended, lineally, to Edward IV., and were confirmed to the Crown by a statute of Henry VII. The ingenuity of court lawyers was employed to invalidate all patents granted to the possessors of these lands, from the reign of Queen Elizabeth." More were bribed, and judges rewarded to find clear titles for the Crown, In Galway the jurors who would not give an unjust verdict, were fined £4,000 each, and their property confiscated. The Sheriff was fined £1,000, and died in prison. It is not long since a National High Sheriff was incarcerated, and fined £500 for vindicating the independence of criticism upon the details of the Irish jury system. Wonderful is the history of British law w^hich generally strengthens the strong and oppresses IRISH PARLIAMENTS. 67 the weak. Even landholders who had complied with English law were cheated. The gentlemen of Connaught/' says Carte {Life of Ormond, vol. i.), laboured under a particular hardship on this occasion ; for their not having enrolled their patents and surrenders of the 13th Jacobi (which was what alone rendered their titles defective) was not their fault, but the neglect of a clerk entrusted by them. For they had paid near £3,000 to the offices at Dublin for the enrolment of these surrenders and patents, which was never made." The same authority tells us that all these proceedings of Wentworth were sanctioned by the King, his majesty having assured the deputy before the English council in 1636 that his treatment of the Galway jurors "was no severity/' and wished him " to go on in that way," adding " that if he served him otherwise he would not serve him as he expected." In the face of all this spoliation, about 1640, another Parliament was called to vote subsidies for the King to aid in putting down the Scottish rebellion. Meantime '^Strafford's* scheme for holding Ireland in subjection, and draining her resources for the benefit of a ruined exchequer and a faithless king, was at once bold in outline and comprehensive in detail. If, instead of legislating for a nation, the Lord Deputy had been maliciously bent on taking all the savour, and sweetness, and warmth out of the life of a colony of galley slaves, he could not have devised anything more likely to effect his purpose. He strove to secure for the Government in Ireland a monopoly of salt and a monopoly of tobacco; he contemplated imposing a tax on bees; and he was determined to prevent the Irish from exporting their wool, or manufacturing it at home for their own use. * Wentworth resolved,' says his biographer, 'that all the wool manufactures of Ireland should be stopped, in order to compel her to purchase them from England. The Irish were not to be allowed to weave or spin their own wool, but this same wool was first to be taken to England, where it was to pay a heavy duty, and * Lex, Home Rule. 68 IRISH PARLIAMENTS. when turned into cloth, carried back to Ireland, where again a duty was to be imposed, thus absolutely doubling the customs.' " Just as our present taxation is doubled, under the pretence identity of imposts,^' In consequence of this policy, land robberies, and extra- ordinary sectarian persecution, a rebellion broke out in Ireland. Parsons and Borlase, Lord Justices, were not sorry that an opportunity should occur to enable them to have all the recusant landed gentry at their mercy for absorbing confiscation. Chapter VII. The General Assembly. 1642. " We ought not to presume to legislate for a nation in whose feelings and affections, wants and interests, opinions and prejudices we have no sympathy ; the false and abominable presumption that the English could legislate better than they could do themselves, a presumption founded on the most abominable tyranny." — Chas. James Fox. Long before Fox existed this obvious truth was forced upon the minds of the Irish people; for they saw that the Anglo-Norman Saxon Commons in Ireland were tributary in kind and money to feudal importations from a foreign country. The Pale garrisons had disturbed the bonds of society by breaches of good faith, and severe laws which special occasions demanded, were held to be unchangeable, selfish vicious rulers vitiated the state and corrupted morality, so harmonising measures were never dreamt of. The common bulwark, general utility, was systematically outraged by those who controlled the judicial and magis- terial administration and military power. By means of partizans the English-Irish Commons was used as a legis- lative tool to enable usurped dignity to accomplish appro- priation. Privileged sectarian liberty degenerated into licentiousness, grasping avarice encroached with legal powers ; every absorber imagined himself a person of exalted talents and virtue. Freedom and order were un- known in a land where discord and disaffection had blighted the growth of confidence in National union. The O'Neill wars of 1599 and 1602 were almost the IRISH PARLIAMENTS. G9 final vigorous effort of native chieftains to resist the in- vaders, and overrule their jurisdiction in civil and religious matters. Government and religion, the two great supporters of order, morality, and utility, were diverted from their true functions, and used principally as a means to elevate the few by depressing the many. Irrespective of doctrinal differences, true religion should sup])ly the insufficiency of the law to assist concord and produce prosperity. Native civic pride and political privilege perished, be- cause an imported government became the undisguised protectorate of money-lust and land monopoly. The pagan individualism of governmentalists completely over- bore the Christian communism of general welfare. Land and liberty were given only to the rulers, public things were subordinated to private interests. The political sanitation of freedom and ownership of soil were denied to the people who were thus forced into the arena of truth and action. After the flight of the Northern chiefs the ancient Milesian judicature and the collective proprietor- ship of the soil and its apportionment to members of the clan was nearly disused. Ulster was planted, and the landgrabbers colonised the other provinces. Parliament- ary commissions, king's proclamations, defective titles, the omission of calling an Irish Parliament, packed jurors, who were fined enormous sums if they prevaricated, or, in other words, done justice — those were the law and order means employed to confiscate the possessions of the rightful holders of property. As an outcome of general disaffection a plot was laid to take Dublin. It was only prevented being successful by the want of caution in one of the principals, McMahon, who was afterward hanged at Tyburn, on 23rd October, 1641. Phelim O'Neill issued a proclamation That the first assembling of us is nowise intended against our sovereign lord the king, nor hurt of any of his subjects, either English or Scotch ; but only for the defence and libertie of ourselres and the Irish natives of this king- dom, &c." Obviously this was intended as a defensive 70 IRISH PARLIAMENTS. association. In the wars which followed deeds were committed which do not commend themselves for repro- duction. The English parliamentarians in Ireland started and kept up a continuous supply of *^ popish massacres and outrages," so that England might be incensed against the Irish. No mention, however, was made of the burn- ings, pillaging, slaying, and torturing inflicted by the Puritan soldiers upon women and non-combatants. This kind of policy united the Nationalists and Royalists ; mainly induced by the Catholic clergy, a National Synod was convened to be held in Kilkenny. On 10th May it assem- bled. Nearly all the ecclesiastical Irish dignitaries at- tended in person or by proxy. An oath of association was passed to bind together the confederate Catholics of Ireland. A representative assembly was arranged to be held, the members representing provinces and cities should be chosen to form a supreme council to carry on the executive government. Penalties were declared against those who committed crime under the excuse of war- fare, etc. This conference sat three days. On the 24th October, 1642, the general assembly com- menced operations ; 11 spiritual, 14 temporal peers, and 226 commons were present. Patrick Darcy represented the chancellor and judges, Nicholas Plunkett acted as speaker, Rev. J. O. Quirke, Dominican, was chaplain. This assembly declared They did not intend their body as a Parliament to infringe in the prerogative of the crown, but as a provisional government to consult of an order for their own affairs till his majesty's wisdom had settled the present troubles." A supreme council was chosen and generals appointed for the armies of Ulster, Leinster, Munster, and Connaught. The assembly pro- hibited all distinction and comparison between old Irish and old and new English or between Septs and families. ' It broke up 9th January, 1643. After various battles, including the great victory of Benburb, the next memor- able meeting was in Kilkenny, 10th January, 1647. The Papal Nuncio was present. It was resolved, That the nation would accept of no peace not containing sufficient security for the religion, lives, and estates of the con-^ IRISH PARLIAMENTS. 71 federate Catholics/' On 8tli March a proclamation of aforesaid was published calling on all Catholics to take arms. The confederate generals waged war with vari- able success. Rinuccini left Galway in 1649. Disunited action amongst the leaders had failed to effect that success which the bravery and devotion of their followers de- served. Chapter VIII. Cromwell, alias, " to Hell or Connaught." From 16cO to 1689. The sword of extermination had passed over the land, and the soldier sat down to banquet on the hereditary possessions of the natives." — O'CURRY. Cromwell came to Dublin 14th August, 1650, and pur- sued a notorious course of massacre and plunder over the greater part of Ireland. Haverty writes : — " Cromwell and his council had indeed seriously contem- plated the utter extirpation of the Irish race ; but that fiendish project appeared still too difficult, and even to them too revolting, and accordingly, by the act for the settlement of Ireland, passed by the English Parliament, August 12th, 1652, it was decreed that full pardon should be granted to ' all husbandmen and others of the inferior sort not possessed of lands or goods exceeding the value of £10,' while persons of property were to be otherwise disposed of according to a certain classification. Those comprehended under the first six heads set forth in the act, and they comprised all the great landed proprietors and all the Catholic clergy — were excepted from pardon of life or estate ; others, who merely held com- missions as officers in the royalist army, were to be banished, and forfeit their estates, except the equivalent to one-third, which would be assigned for the support of their wives and children ; those who, although opposed to the Parliament, might be found worthy of mercy, and who were not included under any of the preceding heads, also forfeited two-thirds of their estates, but were to receive an equivalent to the remaining third wherever the Parliament might choose to allot it to them ; and, finally, all who were perfectly innocent, that is, who had 72 IRISH PARLIAMENTS. 110 share whatev^er in the war, but yet were not in the actual service of the Parliament, or had not manifested their * constant, good affection to it,' forfeited one-third of their estates, and were to receive an equivalent to the remainder elsewhere. Thus all the Catholic gentry of Ireland were indiscriminately deprived of their hereditary estates, and such as might be declared by Cromwell's commissioners innocent of the rebellion, and were to receive back any portion of their property, should transplant themselves and their families beyond the Shannon, where allotments of the wasted tracts of Connaught and Clare would be given to them. The other three provinces were reserved for Protestants, and any of the transplanted Catholics who might be found in them after the 1st of May, 1654, without a passport, might, whether man, woman, or child, be killed, without trial or order of magistrate, by any one who saw or met them. Moreover, those who by this * act of grace ' received allotments in Clare or Connaught were obliged to give releases of their titles to their former estates in consideration of what was now assigned to them, to bar themselves and their heirs from laying claim to their old inheritances ; and they were sent into wild and uncultivated districts, without cattle to stock the land, or agricultural implements to till it, or houses to shelter them ; so that many Irish gentlemen and their families actually perished of cold and hunger. They were not suffered to reside within two miles of the Shannon, or four miles of the sea, or of Galway, or in any garrison, or market town. Many of the transplanted Irish having erected cabins and creaghts, as the hurdle houses were then called, near Athlone, the military authorities were ordered to banish all * the Irish and other Popish persons ' from that neigh- bourhood, so that no such gathering of them should be allowed within five English miles of Athlone. (MS. Orders of Council, Dublin Castle.) In the meantime the whole kingdom was surveyed and mapped out by Dr. Petty, and the forfeited estates distributed among the adventurers who had advanced money for carrying on the war under the confiscating acts of February and March, 1642, and in liquidation of the arrears of pay due to Cromwell's soldiery. According to the stipula- tions on which the money was borrowed, the adventurers were to receive for £200 a thousand acres of good land in Ulster, for £300 a thousand acres in Connaught, for £450 a thousand acres in Munster, and for £600 a thousand acres in Leinster; the bogs, woods, and mountains being thrown in IRISH TAKLIAMENTS. 73 gratis as waste or unprofitable land ; but we are told by a conteniporary writer that the highest value set on the land at the time of the distribution was four shillings per acre, some being only valued at one penny.* Lord Antrim's estate of 107,611 acres was allotted to Sir John Clotworthy, after- wards Lord Massareene, and a few others whose adventures and pay did not exceed £7,000. From Sir William Potty's Political Anatomy of Ireland, and the official sources consulted by Mr. Bichenoup, we glean the following data relating to the Cromwellian Confiscation : — The surface of Ireland was esti- mated at 10,500,000 plantation acres, of which 3,000,000 were occupied by water, bogs, and coarse or unprofitable land. Of the remaining 7,500,000 acres, 5,200,000 belonged to Catholics and sequestered Protestants before 1641, 300,000 to the church, and 2,000,000 to Protestants planted by Elizabeth and James L The Cromwellian Government confiscated 5,000,000 acres, which they disposed of as follows : — To officers and soldiers who served before Cromwell's arrival in 1649, 400,000 acres, in Wicklow, Longford, Lei trim, and Donegal; to soldiers who served since 1649, 1,410,000 acres ; to the adventurers who advanced money under the acts of 1642, about 800,000 acres ; to certain individuals who were favourites of Cromwell, 100,000 acres; retained by Govern- ment, but let on profitable leases to Protestants in the Counties of Dublin, Louth, Cavan, and Kildare, about 800,000 acres, besides the house property in walled towns and cities ; to the transplanted Irish in Connaught and Clare, 700,000 acres ; to which Petty adds (writing, however, in 1672, long after the Restoration) * innocent Papists' 1,200,000 acres. This was called the Down Survey, or Down Admeasurement of Ireland; and, as an example of the complete desolation of the country at the time it was made, we are told that no one was left of the old inhabitants in Tipperary who could point out the bounds of the estates, so that an order from Government was necessary to bring back from Connaught five or six families to accompany the surveyors and show them the boundaries. Privy Council Book, A 5." Here are titles to some sacred rights of property, which claims and enforces the power of depopulating Ireland, because impossible rents are not paid punctually. * An instructive comparison in the pending sale. 74 IRISH PARLIAMENTS. He^ardinoj the sister island Carte's Ormond states: — ''In England the old proprietors generally expelled the Cromwellian intruders without much ceremony; but any attempts at a like mode of proceeding in Ireland were immediately put down by a royal proclamation.'* Yet sane individuals wonder why the Irish tenants were not a ioyal, contented race. Two most determined slaughterers of the Irish people, Coote and Broghill, were appointed lord justices. Par- liament was summoned 8th May, 1661, the Commons consisted of 264, the Lords of 93 members. Measures were taken to prevent the Catholics from admission by requiring them to take the Sacrament and the oath of supremacy. This Parliament voted £30,000 to the Duke of Ormond. A bill of settlement regarding lands was sent on to England, when, after some time, an Act of Explanation was passed by which, as Leland states, every remaining hope of those numerous Catholic claimants whose causes had not been heard was entirely cut off. This act was approved of by the Irish Commons, and passed in Decem- ber, 1665. Proclamations against Catholics and dis- couragement of industry were almost the only judicial functions assumed by unsympathetic governmentalists. Imported foreign Lord Lieutenants have been invari- ably " firm and gentle" in regard to Irish interests. " As early as 1673, Sir William Temple, at the request of the Earl of Essex, then Viceroy of Ireland, publicly proposed that the manufacture of woollens (except in the inferior branches) should be relinquished in Ireland, as tending to interfere prejudicially with the English trade. In all probability the Irish manufacturers of broad cloths would gain on their English rivals; and the improvement of woollen fabrics in this kingdom, argued the statesman, * would give so great a damp to the trade of England, that it seems not fit to be encouraged here.' " IKISH PARLIAMENTS. 75 Chapter IX. James II. and William III. From 1689 to 1703. ** Inequality is the source of all revolutions, for no compensation can make up for inequality." — Aristotle. Being expelled from England, James landed at Kinsale on the 12th of March, 1689, bringing with him some Irish troops from France, and about a hundred French officers, with a supply of money. Proceeding to Cork, he was there met by the viceroy, Tirconnel], and hastened to Dublin, where he arrived on the 24th, and was received with great demonstrations of joy. He ordered a Parlia- ment to be summoned, and issued proclamations command- ing all those who had abandoned the country and gone to England or Scotland to return under the penalty of being treated as traitors, and calling upon all to aid him against the usurper of his throne ; also for the suppression of robbery, &c. On the 7th of May he opened his Parliament in person, wearing on the occasion a crown newly manu- factured for him in Dublin. This Irish Parliament de- clared itself independent of the Parliament of England, and passed the first act made in these realms for liberty of conscience. To the Catholic clergy it granted the right to receive the tithes payable by the members of their own communion ; and after a violent opposition from the Protestant members, it repealed the Act of Settlement, and passed an Act of Attainder against those who had taken up arms against king James, or who, having gone to England or Scotland, or to the Protestant quarters in Ulster, had refused to comply with the king's proclama- tion calling on them to return to their homes and their allegiance. It is to be observed that Protestants were allowed to sit and vote, so that something like a represen- tative Parliament then sat in Ireland. This assembly, consisting principally of Catholics, anticipated by two 76 IRISH PARLIAMENTS. centuries religious equality, established free schools, free trade, encouraged strangers to settle in Ireland, abolished tithes, compelled each creed to support its own ministers, and reversed confiscations not 30 years old, and passed an act of attainder against those who had been traitors to king and country. What an example that Irish Parlia- ment held 200 years ago affords to the political charlatans of 1886. It met at the Inns of Court. James made a judicious opening speech, declaring his intention to uphold the rights of property and to establish liberty of conscience. D'Arcy Magee says : " Three Acts passed by this Parlia- ment entitled its members to be enrolled amongst the chief assertors of civil and religious liberty. 1st. An Act for establishing liberty of conscience, followed by a supple- mental provision that all persons should pay tithes to the clergy of their own communion. 2nd. An Act abolishing writs of error and appeal unto England. 3rd. An Act repealing the Act of Settlement, which received the royal sanction, notwithstanding the protest of the Protestant lords.'' Whatever may be the bias of historians, it cannot be denied that this Parliament showed a spirit worthy of the representatives of a free people. Grattan, our highest Parliamentary authority, declared : Though Papists they were not slaves. They wrung a constitution from King James before they accompanied him to the field.'^ Then, as to-day, the Irish nation stood forth a valiant friend of freedom and toleration when uncontrolled by imported dominant minorities. The battle of the Boyne was fought and lost through incompetence. The siege of Limerick and its violated treaty, remains, as an historical epoch of Irish bravery and English duplicity. When Sarsfield departed, and Ireland lay a victim to foreign and native anti-Irish law-making, the victorious possessing minority immediately through the action of the English law makers and appropriate rs, forfeited 1,061,000 acres of land from 3,921 Papists who regarded James as their lawful sovereign, and 9,600 acres of James's personal estate to the virtuous Mrs. Villiers, a favourite of William's. The question of the independence of the Irish Parliament- IRISH PARLIAMENTS. 77 excited much interest. In the Parliament which met in Dublin 1C92, a bill sent from England imposing certain duties was rejected by the Irish Commons, without any reason for rejection being assigned, save that the SAID BILL HAD NOT ITS RISE IN THIS HOUSE." In the Commons, composed almost entirely of importations and Protestants, an oath was framed in direct contravention to the oath prescribed by the ninth article of the Treaty of Limerick, to be taken by the members of both Houses. The insi- dious pledge-breakers introduced a new oath, denying " that in the Sacrament of the Lord's Supper there is any tran- substantiation of the elements further, 'Hhat the invoca- tion of the Virgin Mary or any other saint, and also the Sacrifice of the Mass now used in the Church of Rome, are damnable and idolatrous." Faithful to their religion, the Catholic Peers and Commoners retired from both Houses sooner than take such a blasphemous oath. In this way the Irish Parliament first assumed in 1692 that exclusively Protestant character which it necessarily continued to maintain until its extinction in 1800. Meantime the ascendancy faction legislated for their own interests. Land, money, and office were the cardinal virtues of their creed. The Catholic religion w^as legally damnable so long as a Papist possessed an acre of land, a stiver of money, or a paid position. The Parliament of an intoler- ant faction in Ireland, did not develop or grow with national necessities like the English Parliament. Strange to say, Protestant ascendancy had brains enough to contest British supremacy in legal matters, still the English Parliament denied to Ireland those rights which it had won for itself, by the sword, revolution and regicide. Lord Capel in 1695, opened the second Irish Parliament of King William, assuring his greedy auditors that "the king was intent upon a firm settlement of Ireland upon a Protestant interest.'^ Large supplies were voted to be levied from w^hatever little resources were left to the poor Papist, and granted to the resident locusts or exported to England. The House of Commons appointed a select committee to consider what penal laws were already in force against the Catholics, so as to add to their number 78 IRISH PARLIAMENTS. and severity. One addition was an Act to deprive Catholics of the means of educating their children at home or abroad. Yet enlightened Britons rail at the ''be- nighted " Irish of the past ! In the interests of Mammon- worship and true religion an Act was passed to banish all Catholic priests also a bill to confirm articles — not the articles made at the Treaty of Limerick. Dr. Taylor protests that the very title contains evidence of its injustice." The Commons passed this bill without any difficulty. The Lords, however — a few of the ancient respectable nobles, and some prelates who believed in a future state — refused to acknowledge as an article of their creed " that no faith should be kept with Papists.'' Verily a creditable dogma ! An Act was also passed for better securing the Government and disarming the Papists. By this Act all Catholics were required to discover and deliver up by a certain day to the justices or civil officers (note, the appellation justices or civil officers as parties to such an unjust, despotic proceeding) all their arms and ammuni- tion. After that day search might be made for concealed arms or ammunition. Here is the reasons why insurrec- tions were not successful ; here also is the unconstitutional foundation of the Arms Acts and other statutes which are the favourite enactments of brave coercionist — otherwise, penal-law-makers of modern constitutional days. As to the due and honest preservation of property, it was solemnly en- acted in the year 1695 that no Papist should be capable to haveor keepinhispossessionorin the possessionof any other, any horse, gelding, or mare of the value of £5 or more ; the usual clause being added to induce Protestants to inform and cause search to be made for contraband horses — mark the term those land pirates used : " contraband horses " — the property of the horses to be vested in the discoverer. Here is open daylight robbery legalised, just as felonious exterminating landlordism was sanctioned by usage in a highly Christian community which professed to believe in God's commandments — "Thou shalt not kill; thou shalt not steal.'' John Mitchel truly stated : " Those two Acts at once bred in Ireland a swarm of informers and detec- tives, who have been a grievous plague upon the country IRISH PAUlJAMEiSTS. 79 ever since," and are still. Another Act was passed^by this Parliament ''to prevent Protestants intermarrying with Papists, in order to hinder the two nations becoming gradually amalgamated by affinities and family interests/* Here we have a strictly legal Parliamentary sanction by law for boycotting, which is a holy horror to Parlia- mentary descendants, to literary poisoners and moral assassins in our own evil days. An address was presented to William in 1698 by the English Parliament praying him to discourage the woollen manufactures of Ireland and to encourage the linen manufactures therein. He most effectually discouraged the woollen trade, but forgot to encourage the linen. "The English House of Lords, with that characteristic generosity which is a leading feature in their lordships' thoughtful and unselfish legislation, particularly when Ireland is the subject of hereditary consideration, represented that: — * The growing manufacture of cloth in Ireland, both by the cheapness of all sorts of necessaries of life, and the goodness of material for making all manner of cloth,' having made the king's loyal subjects in England very apprehensive that the further growth of it would greatly prejudice the said manu- facture here, and lessen the value of lands ; they, the Lords, besought his most sacred Majesty to be pleased ' in the most public and effectual way that may be' to declare to all his subjects of Ireland, that * the growth and increase of the woollen manufacture there hath long been and will ever be, looked upon with great jealousy by all his subjects of the kingdom of England,' &c., &c. The Commons of England, in Parliament assembled : — ' Being very sensible that the wealth and power of this king- dom do, in a great measure, depend on the preservation of the woollen manufacture as much as possible entire to this realm,' conceived that it became them, like their ancestors, to be jealous of the increase and establishment of it elsewhere, and to use their utmost endeavours to prevent it. * They cannot without trouble observe that Ireland should of late apply itself to the woollen manufacture to the great prejudice of the trade of England. .... Parliament will be necessitated to interfere to prevent the mischief that threatens His Majesty's protection and favour in this matter is most humbly implored,' &c.,