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pounds to the inhabitants, which he had CHAP. probably received for wages *.

1634. On the 23d of July, a bill that this para liament should not terminate by the royal assent received a first reading.

This measure has been explained in the account of the lords' proceedings t, and originated from a change in the old method of passing laws in both kingdoms ; but at what precise period this change was '

made in legislation in either kingdom, I have not yet been able to discover.

On the 29th, the lords proposed a conference for appointing the time of the meeting of the next parliament, and for an humble recommendation to the lord deputy for that purpose.

* As sovereign of this corporation, Sir Thomas Bramston could not return himself; but in early periods this rule, perhaps, was not so clearly laid down, and generally admitted, as it is at present. + See vol. i. p. 319.

III.

1

CHAP. ! On the 3ift, fir William Reeves, 'attor

ney-general, defired admittance; and'ac1634. quainted the house, that the towns of Fower,

Clonmynes, Taghmon, and Bannow, had
fent members, though there were no char-
ters on record whereby they were fo privi-
leged ; and these burgesses were ordered to
attend in the Exchequer chamber, and to
fhew by what right they were returned to
ferve in parliament.

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During the short time that the Chief Baron Gilbert presided in the Exchequer in Ireland, before he was removed to a similar situation in England, he seems to have made very accurate inquiries into the early state of the Irish representation : but though his works were published after his death, and feem to want the finishing hand of the author, yet the following account throws great light upon the subject.

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“ In Ireland, the pale * depending on the king, the clergy seemed to have complied

with * Till the 13th year of Henry VIII. the English go. vernment extended only to five shires; which district

was

III.

with the model of Edward I. in sending CHAP. proctors to parliament; and the archbishops and bishops, and mitred abbots, fat 1634. in the upper house, and the proctors in the lower house. Hence by the 36th of Henry VI. c. 1. it appears that they made a law, that beneficed parsons should forfeit their benefices if they were absent without leave; which sort of regulation was made in England by ecclesiastical authority before the submisfion of the clergy in the 25th year of Henry VIII. So that the parliamentary establishmeat in Ireland in relation to the clergy, differed from that of England, for this reason; that Edward the first projected the representatives of the clergy in proportion to the numa ber of the temporal body, and because there were many corporations that held on burgage tenure in England, therefore the deans, archbishops, and proctors of chapters, were let in, to make an equivalent

was called the pale. The five counties were, Dublin, Kildare, Lowth, and Meath; afterwards divided into East and West Meath in one thousand five hundred and forty-three, by an act of the 34th year of that king.

number:

B 3

III.

CHAP. number: but in Ireland there were at first

only representatives of fires ; for the - 1634. burghs did not arise from burgage tenures

as in England, but from concessions of the
king to send members, which were erected
in later times, when, by securing an in-
'terest in such towns, proper representatives
to serve the turn of the court were sent to
parliament : but the ancient members being
only for the shires, the proctors were chosen

from the county to answer them in num-
ibers,

By the 28th of Henry VIII. c. 12.
the proctors of the clergy were excluded
from any seat in the lower house of parlia .
ment: þut as the proctors came from all
parts of the kingdom, so they assembled in
convocation in one synod, where the parli-
ament was held, and did not form four dif-
tinct synodical meetings in the four distinct
provinces, as they did in the two distinct
provinces in England, but made one na-
tional synod under the Primate.”
Treatise on the Court of Exchequer by the
Lord Chief Baron GILBERT, page 58.

On

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Ill.

On the ad of August, it was ordered that CHAP. sir Barnaby Bryan should have leave of the house to go to England; but that if he did 1634. not return within one week after the next session of parliament, then, by his own confent, a writ should issue for a new election ; which was afterwards accordingly done *.

This was the first precedent of issuing a writ by a member's own desire, of which so many instances occur in the early journals; and it was a constant practice till one thousand seven hundred and four, when, upon Mr. Caulfield, an ancestor of lord Charlemont's, desiring to vacate his seat to travel for his pleasure, a standing order was made, that writs should not issue any more at the desire of members to choose others in their own places. This has been since the constant regulation; and in one thousand seven hundred and seventynine this principle was adopted in the contest between Mr. Fitzgibbon (the pre

* Commons Journals, p. 119. 121,

B4

sent

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