THE IRISH PARLIAMENT.
[Sidenote: The Irish Parliament a close copy.]
The history of the Irish Parliament in the middle ages corresponds pretty
closely with that of England. The idea of the three estates is plainly
visible as early as 1204, when John asked an aid from the archbishops,
bishops, abbots, priors, archdeacons, and clergy, the earls, barons,
justices, sheriffs, knights, citizens, burgesses, and freeholders of
Ireland. The Common Council of the King's faithful of Ireland is
afterwards often mentioned, and in 1228 Henry III. ordered his justiciary
to convoke the archbishops, bishops, abbots, priors, earls and barons,
knights and freeholders, and the bailiffs of every county, and to read
Magna Charta to them. 1254 has been fixed as the date at which two
knights from each shire were regularly summoned to the English
Parliament. In the confusion which followed, the precedent slept for a
while, but in Simon de Montfort's famous Parliament in 1264 burgesses as
well as knights had seats. The evidences of regular election in Ireland
are scanty at this early period; but legislative enactments and pecuniary
aids were more than once made by the whole community of Ireland before
the close of Henry III.'s reign. The germs of a Parliamentary
constitution were not planted in purely Irish districts; but it is
probable that ecclesiastics attended Parliament even from them, and that
the natives were thus in some degree represented. In 1254 the King called
by name upon the Kings O'Donnell, O'Neill, O'Reilly, and O'Flynn, upon
MacCarthy of Desmond, O'Brien of Thomond, O'Phelan of Decies, and
fourteen other Celtic chiefs, to help him against the Scots. He confides
in their love for him to furnish such help, and promises them thanks;
pointedly separating their case from that of his lieges of Ireland.[39]
[Sidenote: Growth of representative institutions.]
Accepting 1295 as the date at which English Parliamentary representation
settled down into something like its modern shape, we find that the great
Plantagenet was not unmindful of Ireland. In that same year the
justiciary Wogan issued writs to the prelates and nobles, and also to the
sheriffs of Dublin, Louth, Kildare, Waterford, Tipperary, Cork, Limerick,
Kerry, Connaught, and Roscommon, and to the seneschals of the liberties
of Meath, Wexford, Carlow, Kilkenny, and Ulster. The sheriffs and
seneschals were ordered to proceed to the election of two good and
discreet knights from each county or liberty, who were to have full power
to act for their districts. It does not appear that cities and boroughs
were represented on this occasion; but in 1300, Wogan being still
justiciary, writs were directed to counties for the election of three or
four members, and to cities and boroughs for the election of two or
three. The King's principal object was to get money for his Scotch war;
and, with this view, Wogan visited Drogheda and other places and extorted
benevolence before the Parliament met. A certain supremacy was not denied
to the English Parliament, for in 1290 a vast number of petitions were
made to the King in Parliament at Westminster. Among the petitioners was
the Viceroy, John Sandford, Archbishop of Dublin, who begged the King to
consider the state of Ireland, of which he had already advised him
through Geoffrey de Joinville, a former Viceroy, who was sitting in
Parliament with others of the King's Council in Ireland. Edward I.
answered that he was very busy, but that he had the matter much at heart,
and that he would attend to it as soon as he could.[40]
[Sidenote: Parliament of 1295.]
Of the Parliament of 1295 a particular record has fortunately been
preserved. Each sheriff was ordered to make his election in the full
county court, and each seneschal in the full court of the liberty, and
they were to attend Parliament in their proper persons--to verify the
returns no doubt. The personal attendance of the sheriffs was required in
England until 1406. The magnates who were summoned to Wogan's Parliament
behaved as we might expect to find them behave. The Bishops of the South
and East came. The Archbishop of Armagh and his suffragans sent proctors
with excuses for non-attendance. The Archbishop of Tuam and his
suffragans neither came nor apologised. The absence of Hugo de Lacy, one
of those elected by the county of Limerick, is particularly noted, whence
we may infer that the other shires and liberties were duly represented.
Richard, Earl of Ulster, was present. This Parliament principally
occupied itself with making regulations as to the treatment of the Irish,
and in devising means for checking their inroads upon the colonised
districts. The descendants of the first conquerors were already beginning
to adopt Celtic customs.[41]
[Sidenote: Parliaments of Edward II. and Edward III.]
Under Edward II. Parliaments were frequent; and writs are extant which
show that he, as well as Edward III., intended them to be held annually.
Cases occur of bishops, priors, and temporal peers being fined for
non-attendance in this reign, and there is good reason to believe that
those who were summoned to Parliament generally came. In 1311 writs for a
Parliament to be held at Kilkenny were issued by the justiciary Wogan to
Richard, Earl of Ulster, and eighty-seven other men of name, to the
prelates and ecclesiastical magnates, and to the sheriffs. The sheriffs
were ordered to summon two knights from every county, and two citizens or
burgesses from every city or borough, who were to have full power to act
for their several communities in conjunction with the magnates, lay and
clerical. Owing probably to the shape which Bruce's invasion gave to the
English colony, the Parliaments of Edward III. are more strictly confined
to the districts where the King had real as well as nominal authority.
The murder of the last Earl of Ulster in 1333, and the conversion of the
De Burghs into Irishmen, almost completed the work of destruction which
Bruce had only just failed to effect. To the Parliament of 1360, the
Archbishops of Dublin and Cashel, the Bishops of Meath, Kildare, Lismore,
Killaloe, Limerick, Emly, Cloyne, and Ferns, and the Abbots of St. Mary's
and St. Thomas's at Dublin were the only prelates summoned. The Earls of
Kildare and Desmond and eight knights were called up by name. Writs for
the election of two knights were issued to the sheriffs of the counties
of Dublin, Carlow, Louth, Kildare, Waterford, Limerick, and Cork, and of
the crosses of Meath, Kilkenny, Wexford, and Tipperary; and to the
seneschals of the liberties of Kilkenny, Meath, Tipperary, and Wexford.
Writs for the election of citizens and burgesses were no longer directed
to the sheriffs, but the mayor and bailiffs of Dublin, Drogheda, Cork,
Waterford, and Limerick, the sovereign and bailiffs of Kilkenny and Ross,
and the provost and bailiffs of Clonmel and Wexford were ordered to
return two members each. The sheriff of Kildare and the seneschal of the
liberty of Kilkenny were told what individuals they were expected to see
elected. The House of Commons was then supposed to consist of
twenty-eight knights and twenty-four citizens and burgesses; but the
counties of Dublin and Carlow were 'justly excused' on account of the
war, and the members for Drogheda, who omitted to come, were summoned
before the Council under a penalty of 40_l._[42]
[Sidenote: Parliament of Kilkenny.]
The famous Parliament which Lionel, Duke of Clarence, held at Kilkenny in
1367 was probably attended by representatives from a very limited
district; for there were but forty members of the House of Commons in
March 1374, and of these four came from the county of Dublin. But in
November 1374 the number was fifty-four; in 1377 it rose to sixty-two;
and in 1380 and 1382 it was fifty-eight. We may, therefore, take the
number of county and borough members at the close of the fourteenth
century as about sixty. The counties generally represented were Dublin,
Kildare, Carlow, Meath, Louth, Waterford, Cork, Limerick, and Wexford,
the liberties of Ulster, Meath, Tipperary, Kerry, and Kilkenny, and the
crosses of Ulster, Tipperary, Kilkenny, and Kerry. The cities were
Dublin, Cork, Waterford, Kilkenny, and Limerick, and the towns were
Drogheda, Youghal, Ross, Wexford, Galway, and Athenry. Longford was a
county in 1377, but was not maintained as shire ground. Many Parliaments
met during the fifteenth century, but their action was more and more
confined to the district round Dublin, which about the middle of the
century came to be called the Pale.[43]
[Sidenote: Hereditary peers.]
1295 will probably be accepted as the date when English barons who had
once sat in Parliament claimed an hereditary right to their writs of
summons. It would seem that the origin of the Irish peerage, using the
word in its modern sense, must be referred to a somewhat later date; for
eighty-seven persons, who were perhaps all tenants of the Crown, were
summoned by name to the Kilkenny Parliament in 1311. The subject is not
of great historical importance, because the period of transition
coincides with that in which the encroachments of the natives reduced
feudal Ireland to its lowest estate. In the sixteenth century the title
of baron was still popularly given to the heads of some families who had
formerly been barons by tenure, but who had lost all Parliamentary
rights. As in England, the knights of the shire had become the proper
representatives of the gentry, and peerage grew to be the special
creation of the Crown. In the Parliament of 1560 there were twenty-three
temporal peers, and of these eight had been created within the century.
It will be safe to assume that the number of temporal peers sitting in
the Irish Parliament at any time during the one hundred years preceding
Elizabeth's accession was well under thirty.[44]
[Sidenote: Spiritual peers.]
The number of spiritual greatly exceeded the number of temporal peers.
There were four archbishops from the first sending of the palls in 1151.
If we take the year 1500, after some unions had been effected and before
the great quarrel between King and Pope, we find that there were
twenty-six bishops in Ireland. Some of the more distant ones were perhaps
never summoned to Parliament, and long before the close of the fifteenth
century we cannot doubt that many had ceased to attend the shrunken
legislature of the Pale. In 1293 John, Bishop of Clonfert, an Italian and
the Pope's nuncio, was fined for non-attendance; and similar penalties
were imposed on Bishops of Ferns, Ossory, Cork, Ardfert, Limerick, Down,
and Emly, during the reigns of Edward II., Edward III., and Richard II.
There were thirteen mitred Abbots of the Cistercian order, ten mitred
Priors of Augustinian canons; and the Grand Prior of Kilmainham, who
represented the wealth and importance of the proscribed Templars as well
as of the Hospitallers, had always a seat in Parliament. The Prior of
Kilmainham was so important a person that upon the suppression of the
order of St. John, Henry VIII. made its last chief a peer. The Abbot of
St. Mary's and the Prior of St. Thomas's were always summoned, but it is
clear that in earlier days all the mitred heads of houses were considered
real as well as nominal spiritual peers. The Prior of Athassel was fined
for non-attendance in 1323, the Abbot of Owney in 1325, and the Abbot of
Jerpoint in 1377. Much obscurity hangs over the mediæval House of Lords
in Ireland; but it must generally have rested with the Viceroy whether
the temporal or spiritual peers should be most numerous in any particular
Parliament.[45]
[Sidenote: The clergy as a separate estate. Proctors.]
The existence of the clergy as a separate estate in Ireland is less clear
than in England; but they had the right of taxing themselves, for in 1538
the Lords Spiritual were thanked by Henry VIII. for granting him an
annual twentieth of all their promotions, benefices, and possessions.
Proctors of the clergy attended the Lower House, and when Henry VIII.
undertook his ecclesiastical innovations, they claimed the right to veto
bills. It was, however, easily shown that their consent had not formerly
been held necessary; and in 1537 an Act was passed declaring the
proctors to be no members of Parliament. The preamble states that two
proctors from each diocese had been usually summoned to attend
Parliament; but that they had neither voice nor vote, and were only
'counsellors and assistants upon such things of learning as should happen
in controversy to declare their opinions, much like as the Convocation
within the realm of England.' Their pretensions to a veto were formally
pronounced baseless, and it was declared once for all that the assent or
dissent of the proctors could have no effect on the action of
Parliament.[46]
[Sidenote: The Viceroy.]
The representative of the King in Ireland was generally styled justiciar
for a long time after the first invasion. His powers were analogous to
that of the great officer of State in England who had the same title, and
who acted as regent during the frequent absences of the kings. The title
of justiciar continued to be given to the Irish viceroys long after the
English justiciarship changed its character--that is, about the close of
Henry III.'s reign. The first person who had the title of Lord
Lieutenant, if we except the early case of John de Courcy, appears to
have been Lionel, Earl of Ulster and Duke of Clarence, who was sent to
Ireland in 1361. Afterwards it became a common practice to make one of
the royal family Lord Lieutenant, the duties being usually performed by a
deputy. But the title of Lord Lieutenant, though considered higher than
any other, was not confined to princes. In time the title of Deputy was
given to Governors of Ireland, even when no Lord Lieutenant intervened
between them and the King. Richard of York was the last Lord Lieutenant
of royal blood who actually ruled at Dublin. After his time the real
government was in the hands of the Earls of Kildare, who were Lords
Deputy, with but brief intervals, from 1478 to 1526. During that period
the title of Lord Lieutenant, but the title only, was enjoyed by Edward,
Prince of Wales, by John de la Pole, Earl of Lincoln, by Jasper, Duke of
Bedford, and by Henry VIII. before his accession to the Crown. In the
meantime, the word justiciar, or Lord Justice, had come to mean a
temporary substitute for the Deputy or Lieutenant. When a sovereign died,
or when a viceroy suddenly left Ireland, it became the business of the
Council to elect some one in his room. When giving leave to a governor to
leave his post, the sovereign sometimes named the Lord Justice. Lord
Capel, who was appointed in 1695, was the last chief governor who had the
title of Deputy. Since the Revolution, the head of the Irish Government
has always been a Lord Lieutenant, and during his absence one, or two, or
three Lords Justices have been appointed by the Irish Privy Council.[47]
FOOTNOTES:
[39] Stubbs's _Const. Hist._, chap. xv.; Lynch's _Feudal Dignities_,
chaps. iii. and xi.
[40] Sweetman's _Calendar of Documents_, 1289; Lynch, _supra_.
[41] The record is printed from the Black Book of Christ Church, in the
_Miscellany_ of the Irish Archæological Society.
[42] Lynch, _ut supra_.
[43] Lynch, _ut supra_; Lodge's _Register_; Hardiman's _Statute of
Kilkenny_.
[44] The names of those summoned to the Parliament of 1311 are printed by
Lynch, chap. ii.; the names of those who attended in 1560 are in _Tracts
Relating to Ireland_, vol. ii., Appendix II.
[45] Cotton's _Fasti_; Alemand's _Histoire Monastique_; Lynch, chaps.
iii. and vii.
[46] _Irish Statutes_, 28 Hen. VIII. cap. 12.
[47] See the list of chief governors in Harris's Ware; Borlase's
_Reduction of Ireland_; Lodge's _Patentee Officers_; and Gilbert's
_Viceroys_.