1611. was almost every year a Parliament, and sometimes two or three, in so much as in 34 Hen. 6, c. 6 it was enacted that there should be only one Parliament summoned in one year. Edw. 4 during his reign did not suffer two years to pass without a Parliament. Ric. 3 held two Parliaments here in less than three years. Hen. 8 held six Parliaments in 38 years. I find no Parliament held in the time of Edw. 6, but the two first years of Queen Mary's reign were spent in one Parliament. And, lastly, Queen Elizabeth, in the first 27 years of her reign caused five Parliaments to be held in Ireland, but since that time 25 years have passed without any Parliament. But perhaps there have not risen such important causes for calling Parliaments in these last 27 years as in former times. There was not, till late years, a third part of the kingdom subject to English law and government, so as the English pale and two or three shires in Leinster and some of the corporate towns of Munster only, sent knights and burgesses to the Parliament, and the Lords of the Upper House were for the most part all of Leynster. And this is the cause why the ancient barons of Ireland have so mean estates, for, to fill up the Upper House of Parliament, the esquires of the pale were created barons, for necessity of service, in those days, whereas such as have been made earls and barons of late years in the other provinces have far greater territories. All the other parts of the land were under the tyranny of the Irish, who made such continual incursions upon the English, as they could never make such a form of commonwealth amongst themselves as was capable of good laws and their execution. Now the whole island, containing 34 shires being entirely subdued, as there was much valour and martial virtue shown in the conquest and recovery thereof, so must there be much wisdom used in establishing civil government, which cannot be done without making new laws for settling both the persons and possessions of the subjects. There are not sufficient laws provided for the government of this kingdom, since not only the common law, but all the statute laws of England made before 10 Hen. 7 are enacted and established in Ireland, besides many statutes made since 10 Hen. 7 in sundry Parliaments held there in the times of Hen. 8, Queen Mary, and Elizabeth. It is true that there are such laws in force in this kingdom, but they only extended to the persons and possessions of the English colonies, and to some few families of the Irish, who by special charters were admitted to enjoy the benefit of the laws of England; and though it appears by a record remaining in the Tower of London, that all the Irish in Edward the Third's days made petition to receive the like 1611. So as benefit, yet we find not that they ever obtained it. Since this last general conquest his Majesty has, by proclamations, received all the Irish into his royal protection, and by his justices of assize has published and executed his laws in their several countries, yet it is necessary that by a common council of the whole realm all the subjects, their lands and possessions, should be made alike subject to and governed by the laws of England. Therefore it is requisite that a Parliament be summoned to supply divers defects of law, and to establish matters of importance which are now unsettled. 1. It is to be declared and enacted that all the laws which are now in force in England shall bind the possessions and persons as well of the meer Irish as of the English born. And that the Brehon law and March law, and all other Irish laws and customs repugnant to the laws of England, shall be abolished. 2. That all the natives of Ireland be naturalized and made denizens, and may enjoy the benefit of the King's laws as other free subjects. 3. That all the possessions of the Irish shall from henceforth descend and be conveyed according to the course of the common law of England, and not according to the barbarous customs of Tanistrie or Gavelkinde; and that all conveyances heretofore made of any of their possessions according to the rules of the common law be ratified and confirmed by Act of Parliament. For until this be done the estates, both of the lords and tenants will be uncertain, so as they will never build houses, improve their lands, nor take any care of their posterities. 4. Whereas, upon surrenders accepted of divers Irish lords and gentlemen, the commissioners for accepting of such surrenders have reduced their cosheries, cuttings, and Irish duties of oatmeal and butter to certain rents in money, which was done for the benefit of the tenants, and the said rents reserved upon the letters patent made back again to the Irish. Nothwithstanding because these reservations do not bind the tenants in point of law, because they are made without their contract or consent, though it be against the profit of the lords, and for the special benefit of the tenants and the general good of the commonwealth, the lords have no remedy for their said rents by the common law; and if the tenants deny to pay the same they are enforced to complain at the council table, and there obtain injunctions for payment thereof. Yet it is most necessary that a law be made to confirm those letters patent and the reservations therein contained, for otherwise the Irish lords will be 1611. compelled to exact their Irish duties again, which will make them lords over the bodies, lands, and goods of their tenants and reduce the former barbarism which we have endeavoured by this mean to abolish. 5. The composition of Conaght granted to the Crown in lieu of cess which, when the country is fully inhabited, will amount to 3,500l. per annum, and the chief rents of 58. upon a quarter granted to the Irish Lords in lieu of all Irish duties or exactions depend only upon a covenant between Sir John Perrott and the lords and gentlemen of that province, which composition, if it be not continued by Parliament will be easily broken, whereupon their possessions will be again uncertain and the state of the country fall into the former looseness and barbarism. It is likewise fit that the compositions of Leinster and Mounster be made a settled inheritance of the Crown by Act of Parliament. Note in margin in Carew's hand to the above: It is now in the King's power at any time to break the composition. Whether it may not be prejudicial unto him to settle the same by Parliament is worthy to be considered. 6. The attainders of the late fugitive earls and other chief lords of Ulster, by outlawry, and the attainders of others who are found by offices to have been slain in actual rebellion, whereby the Crown has been entitled to great scopes of land, and many subjects titles depending thereupon, are to be confirmed by Act of Parliament. 7. The estates of the undertakers of Mounster, who are continually sued and vexed by the Irishrie, and the estates of the new undertakers in Ulster are to be established by Act of Parliament, which will encourage them to settle and build and improve their lands, and enable them to pay the King's rent and other duties the better. 8. Uses and fraudulent conveyances whereby the King and other great lords are defrauded of their wardships and escheats, and divers purchasers are daily deceived, are to be abolished and made void by Act of Parliament as in England, for hitherto there are no laws provided in Ireland to reform these mischiefs. 9. A law to be made for the punishment of pirates who are taken upon the coasts here, in which point the laws of Ireland are at this time defective. 10. The alienations of ecclesiastical persons who have already well nigh disinherited their churches, are to be restrained by Parliament as in England, and their former grants to be in some sort resumed, whereof there are divers precedents in the Parliament Rolls of this kingdom. Among others 10 Hen. 7, c. 43, an Act was made that the Deputy and * ? induce. 1611. Council should examine all alienations made by churchmen, and take order for the restitution of the lands to the churches again; and such orders as they should make to have the force of an Act of Parliament. These are matters of special importance fit to be provided for and established in Ireland, for the civil government, (for I will not speak of matters of religion,) and this to be done with all convenient speed, for until it be done things will not run in a right course, neither will the peace and welfare of this kingdom be settled. But to what end should we call a Parliament if we may not pass such good laws as shall be propounded for the reformation and settling of this common weal, for it is to be doubted that the Irish and such as are descended of English race, of whom both the Houses of Parliament consist, being for the most part Popish recusants, will distaste and reject such Bills as shall be transmitted out of England to be propounded here in Ireland, although they be for the benefit of the Crown and kingdom, which was observed in the last Parliament, when the Lower House did obstinately refuse to pass divers good Bills containing matter of civil government, only out of a froward and perverse affection to the State. But as the state of Ireland now stands, or is like to stand in the next Parliament, let us examine who are like to be the members of both houses, and thereupon see whether the number of Protestants or Recusants will be the greater, and, consequently, what party will carry the greatest sway in the next Parliament. The Lower House consists of knights, citizens, and burgesses. There are 34 shires, which will send 68 knights. In Ulster, the counties of Armagh, 2 knights, Protestants; Tirone, 2 knights, Pro.; Colrane, 2 knights, Pro.; Donegall, 2 knights, Pro.; Fermanagh, 2 knights, Pro.; Cavan, 2 knights, Pro.; Monaghan, 2 knights, Pro.; Antrym, 2 knights, Pro. ; Downe, 2 knights, Pro. In the English pale, the counties of Lowth, 2 knights, Recusants; Meth, 2 knights, Rec.; Westmeth, 2 knights, one Protestant, for Sir Oliver Lambert and Sir Francis Shane are freeholders there; Dublin, 2 knights, one Protestant, Sir Will. Usher, Sir J. Caroll, &c.; Kildare, 2 knights, Rec. In Leinster, the counties of Longforde, 2 knights, Recusants; King's County, 2 knights, 1611. In Mounster, the counties of Waterford, 2 knights, 1 Protestant; Corke, 2 knights, 1 Protestant at least ; Limericke, 2 knights, Pro.; Kerrie, 2 knights, Pro.; Tipperary, 2 knights, Recusants; Cross of Tipperary, 2 knights, Recusants. In Connaght, the counties of Clare and Thomond, 2 knights, Protestants; Galway, 2 knights, Recusants; Roscomman, 2 knights, Recusants; Maio, 2 knights, 1 Protestant, Sir Jo. King, Sir John Bingham, freeholders in Maio; Sligo, 2 knights, Recusants; Leotrym, 2 knights, Recusants; yet the Earl of Clanricard may nominate who he pleases, for there is no freeholder in this county but young O'Rork. The Citizens and Burgesses. In 27 Eliz., when the last Parliament was held in Ireland, there were but 26 cities and boroughs which sent citizens and burgesses to the Parliament; but in the next Parliament the number of borough towns will be double, for his Majesty has created some boroughs since his reign, and will be pleased to erect 25 corporate towns more in the escheated lands of Ulster, all which shall send burgesses to the Parliament, and be planted with Protestants and well affected subjects. "The ancient cities and borough towns." Dublin, 2 citizens, Protestants, an alderman and the recorder; Waterford, 2 citizens, Recusants; Corke, 2 citizens, Recusants; Limericke, 2 citizens, Recusants; Kilkenny, 2 citizens, Recusants; Drogheda, 2 burgesses, Recusants; Galway, 2 burgesses, Recusants; Wexford, 2 burgesses, Recusants; Naas, 2 burgesses, Recusants; Trym, 2 burgesses, 1 Protestant, Sir Tho. Ash; Molingare; 2 burgesses, Recusants; Athenry, 2 burgesses, Recusants; Athboy, 2 burgesses, Recusants; Navan, 2 burgesses, Recusants; Catherlagh, 2 burgesses, Protestants, the Earl of Thomond will have the nomination; Kildare, 2 burgesses, Recusants; Kelles, 2 burgesses, Recusants; New Rosse, 2 burgesses, Recusants; Dungarvan, 2 burgesses, Protestants; Youghall, 2 burgesses, Protestants; Dingle Kush, in Kerry, 2 burgesses, Recusants; Dundalke, 2 burgesses, Recusants; Knockfergus, 2 burgesses, Protestants; Wicklowe, 2 burgesses, Protestants; Cashell, 2 burgesses, Recusants; Clonemell, 2 burgesses, Recusants. The new boroughs erected and to be erected: Athlone, 2 burgesses, Protestants; Gauran, 2 burgesses, Recusants; Inistioge, 2 burgesses, Recusants; Cavan, 2 burgesses, Protestants. Boroughs to be erected in Ulster : Armagh Protestants, 2 burgesses; Mountnorryes, 2 burgesses; Charlemount, 2 burgesses; Tonregy, 2 burgesses. |
