CHAPTER I.

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A HISTORY

OF THE

IRISH POOR LAW,

IN CONNEXION WITH

THE CONDITION OF THE PEOPLE.

BY SIR GEORGE NICHOLLS, K.C.B.,

LATE POOR LAW COMMISSIONER, AND SECRETARY TO THE POOR LAW BOARD.

------------------

“Let every man be occupied, and occupied in the highest

employment of which his nature is capable, and die with the

consciousness that he has done his best.”—SYDNEY SMITH

------------------

LONDON:

JOHN MURRAY, ALBEMARLE STREET.

KNIGHT & Co., 90, FLEET STREET.

1856.

----------------------------------------------------------------

LONDON · PRINTED BY WILLIAM CLOWES AND SONS, STAMFORD STREET,

AND CHARING CROSS.

DEDICATION.

To the Ex-officio and Elected Members of the Boards

of Guardians in Ireland, in the hope that it may be

of use to them in the performance of their important

Duties, this History of the Irish Poor Law is

dedicated,

By their faithful servant,

THE AUTHOR.

_November 1856._

PREFACE.

------------------

The Irish Poor Law was in its origin no more than a branch or offshoot

of the English law, but it is a measure of so much importance, and has

so close a bearing upon the social well-being of the Irish people, that

it seems to be entitled to a separate consideration. The severe trials

moreover to which the law has been exposed, and the changes that have

been made in its organization and executive, have given to it a new and

distinctive character, on which account also a separate description of

its progress and the incidents connected with it appears to be

necessary. Hence therefore the intention which I at first entertained of

combining the history of the Irish Poor Law with that of its English

parent has been abandoned, and it is now published as a separate and

independent work.

Notwithstanding the separate publication of the histories however, it

must always be remembered that the English and the Irish laws are

similar in principle, and identical in their objects. The end sought to

be attained by each is, to relieve the community from the demoralization

as well as from the danger consequent on the prevalence of extensive and

unmitigated destitution, and to do this in such a way as shall have the

least possible tendency to create the evil which it is sought to guard

against. This is the legitimate object of a Poor Law, and the facts and

reasonings on which such a law is founded, are not limited to Ireland or

England or Scotland, but are in their nature universal. I hardly need

say that this object is distinct from charity, in the ordinary sense of

the term, although it is undoubtedly charity in its largest acceptation,

embracing the whole community—It is in truth the charity of the

statesman and the philanthropist, seeking to secure the largest amount

of good for his fellow men, with the smallest amount of accompanying

evil.

The part that was assigned to me, first in the framing of the Irish Poor

Law, and then in its introduction, seems to render any apology for my

undertaking to write its history unnecessary. Although failing health

and advancing years had compelled me to retire from the public service,

I thought that I might still be usefully employed in recording the

circumstances under which the law was established, and the events

attending its administration; and I am most thankful for having been

enabled to undertake the task, and for being permitted to bring it to a

conclusion.

It is true that for the last nine years I have not been immediately

connected with the Irish Poor Law, but I have nevertheless continued to

watch its progress with the greatest solicitude, and have spared no

pains to obtain information as to its working. I could indeed hardly

have failed to do this, after the part I had taken in the framing of the

measure, even without reference to the heavy trials through which the

Irish people have passed, and which obtained for them universal sympathy

and commiseration. If such was the general feeling with regard to

Ireland in its season of trial, it will readily be believed that mine

could not have formed an exception; and in the authorship of the present

work, I may therefore I trust venture to claim credit, not only on

account of my connexion with the origin and introduction of the law, but

also for having attended to its subsequent progress, and acquired such a

knowledge of its operation and results as to warrant the undertaking.

A history of the Irish Poor Law, explaining its origin and the

principles on which it was founded, together with an account of its

progress and the effects of its application would, it might reasonably

be supposed, afford information that must be generally useful—that it

would be useful to the administrators of the law, can hardly admit of

doubt. Such a history would place before them in a complete and regular

series, all that it would be necessary for them to know, and all that

ought to be borne in mind, in order that the examples of the past may

prepare them for promptly dealing with the present, or for anticipating

the future. The following work has been framed chiefly with this view;

and I can only say that I have earnestly endeavoured to make it

sufficient for the purpose, without any other wish or object than that

it should prove useful in a cause to which during several years my best

energies were devoted, and to the furtherance of which I could no longer

contribute in any other way.

G. N.

_November 1856._

CONTENTS.

PREFACE Page v

CHAPTER I.

State of Ireland before the conquest—Its subjection by Henry

II.—Spenser’s account of the state of the country—Plantation

of Ulster—Progress of population—Legislation previous to the

accession of Anne—Dublin and Cork Workhouse Acts—Hiring and

wages—Apprenticeship—Provision for foundling and deserted

children—Licensed beggars—Arthur Young’s account of the state

of Ireland 1

CHAPTER II.

Rebellion of 1798—The Union—Acts of the Imperial Parliament:

respecting dispensaries, hospitals, and

infirmaries—Examination of bogs—Fever hospitals—Officers of

health—Lunatic asylums—Employment of the poor—Deserted

children—Report of 1804 respecting the poor—Dublin House of

Industry and Foundling Hospital—Reports of 1819 and 1823 on

the state of disease and condition of the labouring

poor—Report of 1830 on the state of the poorer classes—Report

of the Committee on Education—Mr. Secretary Stanley’s letter

to the Duke of Leinster—Board of National Education—First and

second Reports of commissioners for inquiring into the

condition of the poorer classes—The author’s ‘Suggestions’—The

commissioners’ third Report—Reasons for and against a

voluntary system of relief—Mr. Bicheno’s 'Remarks on the

Evidence'—Mr. G. C. Lewis’s ‘Remarks on the Third Report’ 67

CHAPTER III.

Recommendation in the king’s speech—Motions and other

proceedings in the House of Commons—Lord John Russell’s

instructions to the author—The author’s first Report—Lord John

Russell’s speech on introducing a bill founded on its

recommendations—Progress of the bill interrupted by the death

of the king—Author’s second Report—Bill reintroduced and

passed the Commons—Author’s third Report—Bill passes the

lords, and becomes law 153

CHAPTER IV.

Summary of the 'Act for the more effectual Relief of the Poor in

Ireland,' and of the ‘Amendment Act’—Arrangements for bringing

the Act into operation—First and second Reports of

proceedings—Dublin and Cork unions—Distress in the western

districts—Third, fourth, fifth, and sixth Reports—Summary of

the Act for the further amendment of the Law—Seventh

Report—Cost of relief, and numbers relieved—Issue of amended

orders 222

CHAPTER V.

Eighth Report of proceedings—Failure of the potato—A fourth

commissioner appointed—Ninth Report—Potato disease in

1846—Public Works Act—Distress in autumn 1846—Labour-rate

Act—Relief-works—Temporary Relief Act—Pressure upon

workhouses—Emigration—Financial state of unions—First Annual

Report of Poor-Law Commissioners for Ireland—Extension Act—Act

for Punishment of Vagrants—Act to provide for execution of

Poor Laws—General import of the new Acts—Change of the

commission—Dissolution of boards of guardians—Report of

Temporary Relief Act Commissioners—British Association—Second

Annual Report of Poor-Law Commissioners—Recurrence of potato

disease—Cholera—Rate-in-Aid Act—Further dissolution of boards

of guardians—Boundary Commission—Select committee on Irish

Poor Laws—Expenditure, and numbers relieved 303

CHAPTER VI.

Third Annual Report of Poor-Law Commissioners—Further Amendment

Act—Fourth Annual Report—New unions and electoral

divisions—Consolidated Debts Act—Rates in aid—Fifth Annual

Report—Annuities under Consolidated Debts Act—Treasury

minute—Act to amend Acts relating to payment of

advances—Medical charities—Medical Charities Act—First Report

of Medical Charity Commissioners—Census of

1851—Retrospection—Sixth Annual Report—Rate of

wages—Expenditure, and numbers relieved—Changes in Poor-Law

executive—New order of accounts—Author’s letter to Lord John

Russell, 1853—Present state and future prospects of Ireland 364

INDEX 405

------------------------------------------------------------------------

HISTORY

OF

THE IRISH POOR LAW,

IN CONNEXION WITH

THE CONDITION OF THE PEOPLE.

------------------------------------

CHAPTER I.

State of Ireland before the conquest—Its subjection by Henry

II.—Spenser’s account of the state of the country—Plantation of

Ulster—Progress of population—Legislation previous to the

accession of Anne—Dublin and Cork Workhouse Acts—Hiring and

wages—Apprenticeship—Provision for foundling and deserted

children—Licensed beggars—Arthur Young’s account of the state of

Ireland.

After Strongbow’s expedition to Ireland in the year 1170, which was

followed by that of Henry the Second and the general submission of the

chieftains of the several clans in 1172, the history of Ireland becomes

closely connected with and may be said to form a portion of that of

England. The accounts we have of the state of the country anterior to

Strongbow’s invasion are vague and uncertain, although there are grounds

for believing that some degree of civilization had prevailed, and that

intercourse with the East had been to some extent maintained, at a very

early period. It has been said that “The Gauls or Celtes from the

north-west parts of Britain, and certain tribes from the north-west

parts of Spain peopled Ireland, either originally or by subduing the

Phœnician colonies which had been established there;” and that the

Irish, and their kinsmen the Highlanders of Scotland, are supposed to be

“the remains of a people who in ancient times had occupied not only

Britain, but a considerable part of Gaul and Spain.”[1] The Irish were

no doubt commonly known by the name of Scots, and the proximity of the

two countries, irrespective of all other considerations, renders the

identity of origin highly probable.

-----

[1]

See the ‘Liber Munerum publicorum Hibernie,’ the first and following

chapters on the Establishments of Ireland, supplementary to the

History of England, by Rowley Lascelles, of the Middle Temple, printed

by authority in 1824. This work has been chiefly relied upon for

historical reference. It bears evidence of great research, and is on

every account entitled to much weight in the conflicting testimonies

with regard to the early events of Irish history.

-----

The Romans never extended their conquests to Ireland, and it was

protected by its insular position from the irruption of barbarians which

burst upon the Roman provinces in the fifth and sixth centuries, and

caused the dismemberment of the western empire. In that age, we are

told, “Irish missionaries taught the Anglo-Saxons of the north, who also

resorted to Ireland for instruction.” Lingard says that “when learning

was almost extinguished on the continent of Europe, a faint light was

emitted from the shores of Erin; and that strangers from Britain, from

Gaul, and from Germany, resorted to the Irish schools.” It is probable

however that the light was partial as well as faint, and that the

Christian monasteries with their learned men which constituted the

“schools,” existed in only a few places in Ireland, each establishment

forming as it were a speck of civilization, like an oasis in the desert

of barbarism. It is certain that the Irish of that day paid no Peter’s

pence, and acknowledged no supremacy in the see of Rome; and there is

reason to believe that the Irish Church was derived rather from the

Greek than the Latin hierarchy.[2] Whatever glimmering of civilization

prevailed in Ireland at this early period, must have been damped and

prevented from expanding “by the rude influence of the native

institutions, and it was nearly if not quite extinguished by the

irruptions of the Northmen, or Danes, who annually made incursions into

Ireland from the middle of the eighth to the end of the tenth century.”

The ancient division of the country into the four provinces of Munster,

Connaught, Leinster, and Ulster, which must be referred to this early

period, seems to have been for ecclesiastical purposes. The division

into counties, of which there are thirty-two, took place long after.

-----

[2]

See ‘The Handbook of Architecture,’ a recent publication in which the

ingenious author supports this conclusion by showing the similarity of

the religious buildings erected in the East and in Ireland, which in

both differ materially from what is seen in Italy and the other

countries of Europe.

-----

The Conqueror is said to have at one time entertained the project of

bringing Ireland under subjection, but notwithstanding its proximity to

England, and the obvious advantages that would result from uniting the

two islands under one government, neither he nor his three immediate

successors made any effort to accomplish this object. In the reign of

Henry the Second however, a circumstance occurred which drew the

attention of the English sovereign to the state of Ireland, and led to

consequences most important to both countries. In the year 1169 Dermod,

king of Leinster, who had been expelled by O'Connor, king of Connaught,

sought the protection of Henry, who accepted the tendered allegiance,

and permitted his subjects to assist the Irish chief. [Sidenote: 1172.

Subjection of Ireland by Henry II.]Earl Strigul (or Strongbow) took

advantage of this permission, and in 1170 embarked for Ireland with a

few armed retainers. He was followed two years afterwards by the king

himself, with a considerable force. Henry was everywhere received as a

conqueror, the Irish princes and chiefs submitting without opposition;

and at a council assembled at Lismore, the laws of England are said to

have been gratefully accepted by all, and established under the sanction

of a solemn oath.

The chieftains who had however, so readily submitted to become Henry’s

vassals, as readily withdrew their allegiance on his quitting Ireland,

which he was compelled to do at the end of little more than six months,

in consequence of Becket’s murder, and the rebellion of his own sons.

Thenceforward for the long period of 400 years, the country was

distracted by local dissensions and jealousies, and the conflicts of

contending chiefs. Treachery and murder everywhere prevailed. The

sovereigns of England were too much occupied with the crusades, and

their French wars, to attend to the state of Ireland; and although the

English race maintained itself in that country, it is said to have

become wilder and less civilized in each succeeding generation. “The

first adventurers (we are told) trampled down the original Irish; they

were themselves in their turn trampled down by the next adventurers;

these by subsequent ones; and so on in a continual series, as if each

race had forfeited all rights, or power of acquiring and retaining any

rights whatsoever, more than a common robber or pirate.”

Little was done towards establishing order and the supremacy of law in

Ireland, until Henry the Seventh, after having put an end to civil

strife in England, was enabled to direct his attention to the state of

that country, where he was alike successful. Henry the Eighth assumed

the title of king, instead of that of lord of Ireland as used by his

predecessors. His efforts to establish the Reformation in Ireland, were

not so successful as in England, where a great majority of the nobility

and the people were with him, but in Ireland he had neither. The power

of the government moreover was there less, and might be opposed or

disregarded with comparative impunity. On the accession of Mary in 1553,

“so little had been done in advancing the Reformation, that there was

little to undo.” In the reign of Elizabeth, however, the whole

ecclesiastical system was assimilated to that of England, and such of

the clergy as would not conform, were deprived of their cures.

Throughout great part of Elizabeth’s reign, Ireland was kept in a state

of disquiet by Spanish emissaries, the landing of Spanish troops, and

the intrigues of Tyrone and other Irish chieftains; but the Spaniards

were compelled to evacuate the country, Tyrone submitted, and before the

close of her reign in 1603, peace had been everywhere restored.[3]

-----

[3]

In ten years Ireland is said to have cost Elizabeth the immense sum of

3,400,000_l._ See ‘History of the English Poor Law,’ vol. i. p. 205.

-----

[Sidenote: 1596.

Spenser’s account of the state of Ireland.]

Our great poet Spenser has left us a description of the state of Ireland

in the latter part of Elizabeth’s reign. Both he and his friend Raleigh

had obtained grants of land there, and Spenser had resided in Ireland

for several years, and thus acquired a knowledge of the country, which

he describes with all the fancy of a poet and the fervour of a

patriot—“and sure (he says) it is a most beautiful and sweet country as

any under heaven, being stored thro’out with many goodly rivers,

replenished with all sorts of fish most abundantly, sprinkled with many

very sweet islands and goodly lakes, like little inland seas, that will

carry even shippes upon their waters; adorned with goodly woods even fit

for building houses and ships, so commodiously, as that if some princes

in the world had them, they would soon hope to be lords of all the seas,

and ere long of all the world; also full of very good ports and havens

opening upon England, as inviting us to come unto them, to see what

excellent commodities that country can afford, besides the soyle itself

most fertile, fit to yield all kinds of fruit that shall be committed

thereunto. And lastly, the heavens most mild and temperate, though

somewhat more moist in the parts towards the west.”

After thus eulogising the country as most sweet and beautiful, Spenser

describes the habits of the people, in less favourable colours

certainly, but no doubt with equal truth—

“All the Irish almost (he says) boast themselves to be gentlemen, no

less than the Welsh; for if he can derive himself from the head of any

sept (as most of them can, they are so expert by their bardes) then he

holdeth himself a gentleman, and thereupon scorneth to worke, or use any

hard labour, which he saith is the life of a peasant or churl; but

henceforth becometh either an horseboy or a stocah (attendant) to some

kerne, inuring himself to his weapon, and to the gentlemanly trade of

stealing, as they count it. So that if a gentleman, or any wealthy man

yeoman of them, have any children, the eldest of them perhaps shall be

kept in some order, but all the rest shall shift for themselves and fall

to this occupation. And moreover it is a common use among some of their

gentlemen’s sonnes, that so soon as they are able to use their weapons,

they straight gather to themselves three or four straglers, or kearnes,

with whom wandering up and down idly the country, taking only meate, he

at last falleth unto some bad occasion that shall be offered, which

being once made known, he is thenceforth counted a man of worth, in whom

there is courage; whereupon there draw to him many other like loose

young men, which stirring him up with encouragement, provoke him shortly

to flat rebellion; and this happens not only sometimes in the sonnes of

their gentlemen, but also of their noblemen, specially of them who have

base sonnes; for they are not only not ashamed to acknowledge them, but

also boast of them, and use them for such secret services as they

themselves will not be seen in, as to plague their enemies, to spoil

their neighbours, to oppress and crush some of their own too stubborn

freeholders, which are not tractable to their wills.”

Having thus given a general description of the country and the people,

Spenser next adverts to circumstances connected with the landlord and

tenant classes in particular, to the first of which classes it will be

remembered he himself belonged—

“There is (he says) one general inconvenience which reigneth almost

thro’out Ireland: that is, the lords of land and freeholders, doe not

there use to set out their land in farme, or for terme of years, to

their tenants, but only from year to year, and some during pleasure;

neither indeed will the Irish tenant or husbandman otherwise take his

land than so long as he list himself. The reason hereof in the tenant

is, for that the landlords there use most shamefully to racke their

tenants, laying upon them coigny and livery at pleasure, and exacting of

them (besides his covenants) what he pleaseth. So that the poor

husbandman either dare not binde himself to him for longer terme, or

thinketh by his continual liberty of change, to keep his landlord the

rather in awe from wronging of him”—“The evils which cometh hereby are

great, for by this means both the landlord thinketh that he hath his

tenant more at command, to follow him into what action soever he shall

enter, and also the tenant being left at his liberty, is fit for every

occasion of change that shall be offered by time, and so much the more

ready and willing is he to runne into the same, for that he hath no such

state in any his houlding, no such building upon any farme, no such

coste employed in fencing or husbanding the same, as might withhold him

from any such wilfull course as his lord's cause, or his own lewde

disposition may carry him unto”—“and this inconvenience may be reason

enough to ground any ordinance for the good of the common wealth,

against the private behoof or will of any landlord that shall refuse to

graunt any such terme of estate unto his tenant, as may tende to the

good of the whole realme.”

It appears that Tipperary was at that time distinguished from the other

counties, being the only county palatine in Ireland; and of it and its

peculiar privileges, and the consequences to which these gave rise,

Spenser thus complains—“A county palatine is, in effect, to have a

privilege to spoyle the enemy’s borders adjoining. And surely so it is

used at this day, as a privilege place of spoiles and stealthes; for the

county of Tipperary, which is now the only county palatine in Ireland,

is, by abuse of some bad ones, made a receptacle to rob the rest of the

counties about it, by means of whose privileges none will follow their

stealthes; so as it being situate in the very lap of all the land, is

made now a border, which how inconvenient it is, let every man judge.”

Spenser also describes several measures which he considered necessary

for the repression of disorder and the protection of life and property.

In this “enumeration of needful points to be attended to for the good of

the common wealth,” he first wishes “that order were taken for the

cutting and opening of all places through woods, so that a wide way of

the space of 100 yards might be laid open in every of them for the

safety of travellers, which use often in such perilous places to be

robbed and sometimes murdered. Next that bridges were built upon the

rivers, and all the fords marred and spilt, so as none might pass any

other way but by those bridges, and every bridge to have a gate and a

gatehouse set thereon, whereof this good will come, that no night

stealthes, which are commonly driven in by-ways, and by blind fordes

unused of any but such like, shall not be conveyed out of one country

into another, as they use, but they must pass by those bridges, where

they may be easily tracked, or not suffered to pass. Also that in all

straights and narrow passages, as between two boggs, or through any deep

ford, or under any mountain side, there should be some little fortilage

set, which should keep and command that straight. Moreover that all

highways should be fenced and shut up on both sides, having only forty

feet for passage, so as none shall be able to pass but through the

highways, whereby thieves and night robbers might be more easily pursued

and encountered where there shall be no other way to drive their stolen

cattle. And further, that there shall be in sundry convenient places by

the highways, towns appointed to be built, the which should be free

burgesses and incorporate under bailiffs, to be by their inhabitants

well and strongly intrenched, or otherwise fenced, with gates on each

side to be shut nightly, like as there is in many places in the English

pale, and all the ways about it to be strongly shut up, so as none

should pass but through the towne; and to some it were good that the

privilege of a market were given, for there is nothing that doth sooner

cause civility in any country than many market townes, by reason that

people repairing often thither for their needs, will daily see and learn

civil manners of the better sort.”[4]

-----

[4]

See Spenser’s View of the State of Ireland, written in 1596, vol.

viii. of his works, printed in octavo in 1805.

-----

These extracts throw much light upon the social condition of Ireland at

that time, and no apology can be necessary for giving them insertion

here. It is impossible to doubt the writer’s sincerity, or the

truthfulness of his descriptions; and it is no small advantage to have

such a testimony to the state of things then existing in Ireland, which

may be regarded as a kind of standard or starting-point for future

comparison.

Shortly after Elizabeth’s death, and the accession of James the First,

an insurrection again broke out in the north of Ireland. It was soon put

down however, but it led to upwards of 500,000 acres of land being

escheated to the crown. [Sidenote: The plantation of Ulster.] This vast

tract, situated in the six northern counties, on which, we are told,

“only robbers and rebels had found shelter,” now afforded James the

opportunity for carrying into effect his favourite scheme of a

plantation in Ireland. The natives were removed to other localities, and

settlers from England and Scotland introduced; and thus Ulster shortly

became the most civilized and best cultivated of the four provinces,

instead of being the most wild and disorderly, as had previously been

the case.

In the contest between Charles the First and the parliament, the Roman

Catholics of Ireland adhered to the cause of the king; but their

adherence to that cause was accompanied by the treacherous massacre of

the Protestant settlers in 1641—an atrocity that gave rise to the

bitterest feelings throughout England, and eventually led to the

exacting of a stern and ruthless retribution. In 1649, six months after

the death of Charles, Cromwell proceeded to Ireland, taking with him a

considerable body of his disciplined veterans. He landed at Dublin in

August, and shortly afterwards Drogheda and Wexford were stormed with

great slaughter, upon which Cork, Kinsale, and other towns opened their

gates; and in ten months the entire country was brought under

subjection, with the exception of Limerick and Waterford, the reduction

of which Cromwell left to his son-in-law Ireton, and re-embarked for

England where his presence had become necessary. If Cromwell had

remained longer in Ireland, it is probable that he would with his usual

vigour have crushed the seeds of many existing evils, and laid the

foundation for future quiet; but this was not permitted, and the

elements of disorder remained, repressed and weakened it is true, but

still ready to burst forth whenever circumstances should give vent to

the explosion.

At the Revolution in 1688, when England adopted William the Third, the

Irish Roman Catholics adhered to James; and it was not until after the

battle of the Boyne, and the surrender of Limerick, that Ireland can be

said to have been again entirely subject to the English crown. During

the insurrections which took place in favour of the exiled family in

1715 and 1745, Ireland remained quiet. But in 1798 the triumph of

democracy in France, together with the active interference of French

agents, and the promises of assistance held out by them, led to the

outbreak of a rebellion, in the progress of which great enormities were

perpetrated; and which was not put down until after a great loss of

life, and the destruction of much property. Although doubtless to be

lamented on these accounts, the rebellion of 1798 was not however

without its use, for it showed in the strongest light the defects of the

existing system in Ireland, and thus helped to establish the legislative

union of the two countries, which took place at the commencement of the

present century, when the whole of the British islands were included

under the designation of “_The United Kingdom of Great Britain and

Ireland_.” Since the passing of the Act of Union in 1800, there is

nothing distinctive requiring to be noticed with regard to Ireland, its

interests being thenceforward merged in the general interests of the

empire.

[Sidenote: Progress of population in Ireland.]

The following summary of the estimated population of Ireland at several

periods is abstracted from the memoir of Mr. Shaw Mason, the officer

appointed under the Act for taking the census of Ireland in 1821, as the

same is given in the Appendix to Selections from the Lords’ Journals, by

Mr. Rowley Lascelles—

1672 as estimated by Sir William Petty 1,320,000

1695 ” by Captain South (doubtful) 1,034,102

1712 ” by Thomas Dobbs Esq., founded on 2,099,094

returns of the hearth-money

collectors

1718 ” do. 2,169,048

1725 ” do. 2,317,374

1726 ” do. 2,309,106

1731 ” by the magistrates and clergy 2,010,221

1754 ” by returns from the hearth-money 2,372,634

collectors

1767 ” do. 2,544,276

1777 ” do. 2,690,556

1785 ” do. 2,845,932

1788 ” by Gervais Parker Bushe Esq., one 4,040,000

of the commissioners of revenue

1791 as estimated by returns from the hearth-money 4,206,612

collectors

1792 ” by the Rev. Dr. Beaufort 4,088,226

1805 ” by Major Thomas Newenham 5,395,456

1813 ” founded on the incomplete census 5,395,856

under the Act of 1812

1821 ascertained by the census of 1821 6,801,827

[5] 1831 do. 1831 7,767,401

[5] 1841 do. 1841 8,175,124

[5] 1851 do. 1851 6,522,386

-----

[5]

These are taken from the census returns of the respective periods.

-----

With reference to the above summary, it may be remarked that a rapid

increase in the population of a country, cannot always be taken as a

proof of the increase of wealth and civilization, or of improvement in

the social condition of the people. It is possible indeed that it may be

productive of results the very reverse in these respects, when the

increase unduly presses upon or outruns the ordinary means of

subsistence, as it sometimes undoubtedly did in certain parts of

Ireland. But on the whole, and making every allowance for adverse

circumstances, the above table affords grounds for concluding, that

subsequently to 1672, the productive powers of the country were

receiving continually increased development, to meet the wants of a

continually increasing population. Or we might perhaps go further back,

and date the increase from the time when Cromwell, with a strong hand,

enforced order and established the ascendancy of the law in Ireland. The

decrease in the population which took place between 1841 and 1851, when

the number was forced back below what it had been thirty years

preceding, indicates a period of great trial and suffering. In the

latter portion of this period, the country was assailed by famine and

pestilence—a fearful visitation which will be noticed hereafter in its

order of date, and of which it would be out of place to say more at

present.

Until a comparatively recent period, there was no law directly providing

for the relief of the Irish poor. In this respect the legislation of

Ireland differed from that OF England and Scotland, in both of which

countries we have seen that such a provision was early made. The

difference in this respect, was probably at first owing to the disturbed

and unsettled state of Ireland; and afterwards, when it was brought more

thoroughly under subjection, the difference of race and religion with

other unfavourable circumstances, united to prevent the growth of that

orderly gradation of classes, and that sympathy between one class and

another, which exist in every well-conditioned community, and of which a

poor-law is a natural development.

Although there was no direct provision for the relief of the poor in

Ireland, several Acts of the Irish parliament were more or less

subsidiary to that object, whilst others were calculated to illustrate

the progress of civilization, and the general condition of the country.

Various institutions of a charitable character were likewise

established; and it will be necessary to notice certain of these

matters, before entering upon a consideration of the important measure

of 1838. The legislative enactments have precedence in order of time,

and to these we will now in the first instance direct our attention.[6]

[6]

The citations hereafter made, are taken from ‘The Statutes at Large,

passed in the Parliament held in Ireland’—published by authority in

thirteen volumes folio, in 1786.

[Sidenote: 1310.

Edward II.]

As early as 1310, in the reign of Edward the Second, we find that in a

parliament assembled at Kilkenny “it was agreed that none should keep

idle people or kearn in time of peace, to live upon the poor of the

country; but those which will have them shall keep them at their own

charges, so that the free tenants and farmers be not charged with them.”

And [Sidenote: 1440. Henry VI.] 130 years afterwards, in the reign of

Henry the Sixth, among the ordinances established by a parliament holden

in Dublin, it was declared—“that divers of the English do maintain and

succour sundry thieves robbers and rebels, because that the same thieves

robbers and rebels do put them into their safeguard and comrick, so that

the king’s faithful subjects dare not pursue their right against such

thieves robbers and rebels, for fear of them which have taken them into

their safeguard and comrick”—wherefore it is ordained, that such as do

put themselves, and such as do grant such safeguard and comrick, be

adjudged traitors, and suffer accordingly. [Sidenote: 1450. Henry

VI.]And in the same reign, at a certain great council held in Dublin

(1450) it was declared—“that thieves and evildoers increase in great

store, and from day to day do increase in malice more than they have

done heretofore, and do destroy the commons with their thefts stealings

and manslaughters, and also do cause the land to fall into decay and

poverty and waste every day more and more”—wherefore it is ordained that

it shall be lawful for every liege man to kill or take notorious

thieves, and thieves found robbing spoiling or breaking houses—“and that

every man that kills or takes any such thieves, shall have one penny of

every plough and one farthing of every cottage within the barony where

the manslaughter is done, for every thief.”

These enactments show that the state of the country within the English

pale, or that portion of it which was subject to English rule, was then

very similar to what existed at the same periods in England and

Scotland, more prone to violence and disorder perhaps, and therefore

somewhat more backward in civilization; but all the leading

characteristics are nearly identical. Beyond the pale however a far

worse state of things prevailed. There violence and disorder ranged

without control. “The Irishry,” as they were called, were continually

engaged in battleings and feuds among themselves, one chief or one sept

against another, or in making inroads and committing robberies and

murders within the pale, which again led to retaliations; and thus a

species of domestic or border warfare alike injurious to all

parties,—and a state of ferment and insecurity throughout the country,

were kept up and perpetuated.

[Sidenote: 1447.

Henry VI.]

A parliament held at Trim in 1447, laments—“that the sons of husbandmen

and labourers, which in old time were wont to be labourers and

travaylers upon the ground, as to hold ploughs, to ere the ground, and

travayl with all other instruments belonging to husbandry, to manure the

ground, and do all other works lawful and honest according to their

state—and now they will be kearnes, evildoers, wasters, idle men, and

destructioners of the king’s leige people”—wherefore it is ordained that

the sons of labourers and travaillers of the ground, shall use the same

labours and travails that their fathers have done. [Sidenote: 1457.

Henry VI.]And ten years afterwards, at a parliament held at Naas, it was

ordained—“forasmuch as the sons of many men from day to day do rob spoil

and coygnye the king’s poor liege people, and masterfully take their

goods without any pity—that every man shall answer for the offence and

ill doing of his son, as he himself that did the trespass and offence

ought to do, saving the punishment of death, which shall incur to the

trespasser himself.” This last enactment, making the father answerable

for the acts of his son, was perhaps under the circumstances of the

period calculated to check violence and disorder and may be so far

regarded as defensible. But the same cannot be said of the former

enactment requiring the son to follow the same occupation as the father.

Yet such has been the practice throughout a great part of Asia from the

earliest period. In the present instance, the enforcement of the

practice by special enactment, seems to imply that the demand for

agricultural labour was increasing in Ireland, either through an

increase of land under cultivation, or an increased amount of labour

applied to it; and either the one or the other must be considered as

indicative of improvement.

[Sidenote: 1465.

Edward IV.]

In the reign of Edward the Fourth (1465) an Act was passed ordaining and

establishing “that in every English town of this land[7] that pass three

houses holden by tenants, where no other president is, there be chosen

by his neighbours or by the lord of the said town, one constable to be

president and governor of the same town, in all things that pertaineth

to the common rule thereof”—doubtless a useful provision, and calculated

to aid the cause of order and good government. [Sidenote: 1472. Edward

IV.] In the same reign, at a parliament held at Naas, (1472) it is

recorded—“For that there is so great lack of money in this land, and

also the grain are enhanced to a great price because of great lading

from day to day used and continued within this realm, by the which great

dearth is like to be of graines, without some remedy be

ordeyned”—whereupon the premises considered it is enacted—“that no

person or persons lade no grain out of the said land to no other parts

without, if one peck of the said grains exceed the price of ten pence,

upon pain of forfeiture of the said grain or the value thereof, and also

the ship in which the said grains are laden.”

-----

[7]

That is every town within the English pale.

-----

The prohibition of export has always been clamoured for, and often

resorted to whenever the price of corn becomes high, whether it be in

Ireland, England, or elsewhere; and this always moreover on the ground

here set forth, that is, for the sake of the poor classes, or “for that

there is so great lack of money in this land.” All such prohibitions are

however based on erroneous views of economical policy. By prohibiting

export cultivation is discouraged, and so in the long run corn is made

dearer rather than cheaper. It may moreover be remarked, that if grain

be exported, it will be for the purpose of obtaining a higher price than

can be obtained at home, and the exporting country will thus be better

enabled to go to another market for a supply, and will have the benefit

of whatever profit may arise in the double interchange. With respect to

grain therefore, as with respect to all other commodities, the true

principle is that of non-interference—they will then each and all find

their own level, and that in the way most beneficial to all parties

interested, whether as producers or consumers, whether those who want or

those who have to spare. But this great truth was not recognised at that

day. Neither is it indeed universally so at present; for at this time

(the end of 1855) there are clamourings for a prohibition of the export

of corn, on account of the present high price.[8]

-----

[8]

The average price of wheat in Mark-lane for the week ending on the

10th of November, was 83_s._ 8_d._ per qr. For the week ending on Nov.

15, 1851 the price per quarter was 36_s._ 4_d._; and for the week

ending Nov. 13, 1852 the price per quarter was 39_s._ 11_d._

-----

We are now arrived at the reign of Henry the Seventh, by whom order was

established in Ireland, as it previously had been established in

England. [Sidenote: 1495. Poynings’ Act. 10 Hen. VII. cap. 4.] The first

important measure towards the accomplishment of this object was the

passing of Poynings’ Act,[9] _10th Henry 7th, cap. 4_, which directs

that no parliament shall be holden in Ireland, until the Acts be first

certified into England, and be thence returned with sanction of the king

and council expressed under the great seal. This secured a harmony of

action between the legislatures of the two countries, and was otherwise

beneficial. But there were two other Acts passed in the same year, not

less important for the peace and good government of the country than the

preceding, and therefore requiring to be separately noticed.

-----

[9]

So called after Sir Edward Poynings, who was lord deputy in Ireland

during a great part of Henry’s reign, and in the earlier part of that

of his successor. The lord deputy is described as “the active scourge

of all insurgents,” and it was latterly said of him that “he might

call all Ireland his own.” See Liber Munerum, book ii. cap. 1. Mr.

Lascelles gives 1494 as the year in which this Act was passed. In the

Statutes at Large it bears the date of 1495.

-----

[Sidenote: 1495.

10 Hen. VII. cap. 6.]

The first of these Acts, _cap. 6_, directs that no citizen shall receive

livery or wages of any lord or gentleman; and it further enacts “That no

lord nor gentleman of the land shall retain by livery, wages, or

promise, sign or token, by indenture, or otherwise, any person or

persons, but only such as be, or shall be his officers, as baylifs,

steward, learned counsel, receivors, and menial servants daily in

household at the said lord’s cost.” And if any lord or gentleman retain

any person contrary to this Act, both the retainer and he that is

retained are to forfeit to the king twenty pounds of lawful money for

every such offence. [Sidenote: 10 Hen. VII. cap. 17.] The second Act,

_cap. 17_, directs “that no peace nor war be made with any man without

licence of the governor.” It recites—“Forasmuch as diverse lords and

great gentlemen of Ireland, useth daily to make several peace with the

king’s Irish enemies, and where the peace hath been taken and concluded

by the lieutenants and their deputies for the time being with the

aforesaid enemies, and for the universal weal of our said sovereign

lord’s true subjects, the said lords and gentlemen for singular lucor

and for malice, have diverse and many seasons and without any authority

of the lieutenant or deputy, entered into the countries of such Irish

enemies as have standen under the protection of our sovereign lord, and

the same countries have robbed, spoiled, hurt and destroyed, by reason

whereof the said enemies have likewise entered into the English country,

and the true English subjects have robbed, spoiled and brent in

semblable wise”—wherefore it is ordained, that thenceforward “there be

no peace nor war taken or had within the land, without the lieutenant or

deputy’s licence;” and whatsoever persons break the said peace, or rob

or spoil contrary to this Act, as often as they so offend are to forfeit

100_l._ to the king, and be committed to ward until the same is paid.

We see from the above, that the Irish beyond the pale were still

regarded as enemies; and to prevent as far as possible the barbarous

conflicts that were continually taking place between them and the people

within the pale, was doubtless one reason for passing these Acts. But

independently of this object, the general policy of the two measures is

abundantly obvious. They amount, taken together, to no more than

extending to Ireland the principle observed by Henry in his government

of England, namely, that of reducing the exorbitant power assumed by the

great nobility and gentry, and making them amenable to the general law,

a thing no less necessary in one country than in the other, although

widely differing in so many respects.

[Sidenote: 1522.

13 Hen. VIII. cap. 1.]

On the accession of Henry the Eighth, Irish legislation became more

active, but we shall only notice a few of the Acts. _The 13th Henry 8th,

cap. 1_, declares, that “many ill-disposed persons for malice, evil

will, and displeasure, do daily burn corn, as well in ricks in the

fields, as in villages and towns, thinking that it is no felony, and

that they should not suffer death for so doing”—wherefore it is enacted,

that all wilful burning of ricks of corn in fields and in towns, and

burning of houses of and upon any of the king’s true subjects, be high

treason, and that execution be awarded against such evil-doers

accordingly. [Sidenote: 1534. 25 Hen. VIII. cap. 1.]Twelve years

afterwards another Act (the 25th Henry 8th, cap. 1) was passed against

lezers of corn. It recites—“That whereas many inconveniences within this

land ensueth by reason that many and diverse persons, labourers strong

of body, as well men as women, falleth to idleness, and will not labour

for their living, but have their sole respect to gathering and lezing of

corn in harvest-time, and refuse to take money for their wages to rippe

or binde corn, to the intent that the poor earth-tillers should give

them sheaves of corn for their labour, by colour whereof they steal

men’s cornes, as well by night as by day, to the great hindrance and

impoverishing of the poor earth-tillers; and also by giving of said

sheafes, the church is defrauded of the tythe of the same.”—Wherefore it

is ordained, that henceforth no persons “being strong of body to labour

for their living, shall gather or leze in any place in harvest-time,

except it be in their own fields; and that no impotent persons gather or

leze in any other place, saving in the parish where their dwelling is;

and that no man give nor take any corn in harvest for ripping nor

binding,” under penalty of the same being taken from him and forfeited.

These Acts for the protection of the corn-grower against waste in time

of harvest, and against incendiarism when the corn is in the rick, are

indications of the advance of agriculture in Ireland. The titheowner may

have had some influence in the passing of the latter Act; but taking the

two together, it seems impossible to doubt that the occupation of the

“poor earth-tillers,” as they are termed, was considered to be important

with regard to the general welfare, and therefore deserving of special

protection.

[Sidenote: 1537.

28 Hen. VIII. cap. 15.]

Three years after the last preceding Act, another was passed (_The 28th

Henry 8th, cap. 15_) in which it is declared that the king, considering

that “there is nothing which doth more conteyne and keep many of his

subjects of this his land in a certain savage and wilde kind and manner

of living, than the diversitie that is betwixt them in tongue, language,

order and habite, which by the eye deceiveth the multitude, and

persuadeth them that they should be as it were of sundry sorts, or

rather of sundry countries, where indeed they be wholly together one

body”—wherefore it is enacted, that no person shall wear hair on the

head or face nor any manner of clothing, mantle, coat, or hood, after

the Irish fashion, but in all things shall conform to the habits and

manners of the civil people within the English pale. And it is further

enacted, that all persons of whatsoever degree or condition “to the

uttermost of their power cunning and knowledge shall use and speak

commonly the English tongue,” and cause their children to do the same,

“and shall use and keep their houses and households as near as ever they

can, according to the English order.” Spiritual promotion is moreover

directed to be given only to such as can speak English; so that nothing

appears to have been omitted for bringing about the desired assimilation

of the native Irish with their fellow-subjects of the English race.

Subsequent events showed however that these efforts were not crowned

with success, and a long period elapsed before the Irish of the western

districts can be said to have at all assimilated to English habits, or

become amenable to English rule.

[Sidenote: 1542.

33 Hen. VIII. cap. 9.]

The regulation of wages by legislative enactment so frequently adopted

in England,[10] was likewise attempted in Ireland, but apparently with

no better result; for we find _The 33rd Henry 8th, cap. 9_, complaining,

that “forasmuch as prices of victuals, cloth, and other necessaries for

labourers, servants at husbandry, and artificers, yearly change, as well

sometimes by reason of dearth and scarceness of corn and victual as

otherwise, so that hard it is to limit in certain what wages servants at

husbandry should take by the year, and other artificers and labourers by

the day, by reason whereof they now ask and take unreasonable wages

within the land of Ireland”—wherefore it is enacted that the justices of

peace at a sessions to be held yearly within a month after Easter and

Michaelmas, “shall make proclamation by their discretion, having respect

to such prices as victuals cloth and other necessaries then shall be at,

how much every mason, carpenter, sclantor, and every other artificer and

labourer shall take by the day, as well in harvest-season as any other

time of the year, with meat and drink, and how much without meat and

drink, between both the said seasons; and also at the Easter sessions,

how much every servant at husbandry shall take by the year following,

with meat and drink; and that every of them shall obey such proclamation

from time to time, as a thing made by Act of parliament for a law in

that behalf,” on pain of imprisonment. By thus empowering justices to

vary the rate of wages according to the variations in the price of

provisions and clothing, the objection which exists to a permanent fixed

rate is no doubt so far obviated; but the great primary objection to any

interference with the natural range of prices, and to subjecting them to

other control than that of supply and demand still remains, and is not

susceptible of any defence. Thus much on the score of principle. But the

passing of such a measure as the above, is nevertheless a proof of the

increasing demand for labour, and of the advance of regular industrial

employment, which is always an important step in the progress of

civilization.

-----

[10]

See ‘History of the English Poor Law,’ vol. i. pages 100 and 110.

_11th Henry 7th, cap. 2_, and _6th Henry 8th, cap. 3_.

-----

[Sidenote: 1537.

33 Hen. VIII. cap. 15.]

The last enactment of the present reign requiring to be noticed, in

connexion with our subject, is _The 33rd Henry 8th, cap. 15_, entitled

‘An Act for Vagabonds.’ It recites—“forasmuch as at a parliament holden

at London, it was enacted and ordeyned how aged poor and impotent

persons compelled to live by alms should be ordered, and how vagabonds

and mighty strong beggars should be punished, which Act (_22nd Henry

8th, cap. 12_) for divers causes, is thought very meet and necessary to

be enacted in this land”—wherefore it is ordained and established, “That

the same Act, and all and every article provision and thing comprised in

the same, be an Act and statute to be continued and kept as a law within

this land of Ireland, according to the tenor and purport of the same.”

The English Act (_22nd Henry 8th, cap. 12_) is then given at length, and

stands in the statutes as an Act of the Irish parliament, and is to be

obeyed accordingly. A full account of this statute will be found in the

‘History of the English Poor Law’ (vol. i. page 115) to which the reader

is referred. Whether the Act was entirely suited to the backward state

of Ireland at that time, may admit of doubt; but there can be no doubt

that if enforced it was calculated to bring about a better order of

things by repressing vagabondism, and making some provision for the

relief of the destitute. We have no means of knowing to what extent the

Act was enforced, or whether it was enforced at all. It could hardly

have been brought into operation beyond the English pale, and even

within the pale the arm of the law was then feeble, and its action

uncertain; so it is probable that like many other measures intended for

the benefit of Ireland, the present Act was permitted to lie dormant. It

remained in force however, as one of the Irish statutes, until 1772,

when it was repealed by the _11th and 12th George 3rd, cap. 30_.[11]

-----

[11]

See post, p. 51.

-----

[Sidenote: 1569.

11 Elizabeth, cap. 4.]

There are only two of the Acts passed by the Irish parliament in

Elizabeth’s reign calling for notice, and this rather as exhibiting the

condition of the country at that time, than as directly connected with

our subject. The first of these is _The 11th Elizabeth, cap. 4_,

entitled ‘An Act that five persons of the best and eldest of every

nation amongst the Irishrie, shall bring in all the idle persons of

their surname, to be justified by law.’ It declares that her Majesty’s

“most humble and obedient subjects have been these many years past

grieved with a generation of vile and base conditioned people (bred and

maintained by coynie and liveries), the ancient enemies to the

prosperity of this realm, of which sort the lords and captains of this

land hath to raise and stirr up some to be maintained as outlaws to

annoy each other’s rules, and so serving the iniquitie of the time, hath

not only in attending those practices imbased their own particular

estates, but also brought the whole public wealth of their supposed

rules to ruin and utter decay.” For remedy whereof, it is now ordained,

“that five persons of the best and eldest of everie stirpe or nation of

the Irishrie, and in the countries that be not as yet shire grounds, and

till they be shire ground, shall be bound to bring in to be justified by

law, all idle persons of their surname which shall be hereafter charged

with any offence, or else satisfie of their own proper goods the hurts

by them committed to the parties grieved, and also such fines as shall

be assessed upon them for their offences.” The Act we see applies to

parts of the country beyond the pale, “which be not yet shire grounds,”

where “the lords and captains of the land” were in the habit of

maintaining a number of base-conditioned people in a state of outlawry

to annoy each other’s rules, which practice it is said hath not only

injured their own estates, but also brought the whole country under

their supposed rule to ruin and utter decay. The remedy for these evils

now sought to be applied, is by making five of the principal people of

each sept or nation of the “Irishrie” answerable for the rest of the

clan, and it seems likely that nothing better could have been devised

under the circumstances; but the resorting to it is nevertheless an

indication of the lawlessness and insecurity which prevailed, and how

imperfectly the country had yet been brought under subjection.

[Sidenote: 1570.

12 Elizabeth, cap. 1.]

The other Irish Act of Elizabeth’s reign requiring notice, is _The 12th

Elizabeth, cap. 1_, entitled ‘An Act for the erection of Free Schools.’

It commences by reciting—“Forasmuch as the greatest number of the people

of this realm hath of long time lived in rude and barbarous states, not

understanding that Almighty God hath by his divine laws forbidden the

manifold and heinous offences which they spare not daily and hourly to

commit and perpetrate, nor that He hath by His Holy Scriptures commanded

a due and humble obedience from the people to their princes and rulers,

whose ignorance in these so high points touching their damnation

proceedeth only of lack of good bringing up of the youth of this realm,

either in public or private schools, where through good discipline they

might be taught to avoid those loathsome and horrible errours”—Wherefore

it is enacted that there shall be a free school established in every

diocess of Ireland, and that the schoolmaster shall be an Englishman,

“or of the English birth of this realm.” The archbishops of Armagh and

Dublin, and the bishops of Meath and Kildare and their successors, are

to appoint the schoolmasters within their respective diocesses, and the

lord deputy for the time being is to have the appointment in the other

diocesses. The schoolhouses are to be built in the principal shire

towns, at the cost and charge of the whole diocess, under direction of

the ordinary, the vicars general, and the sheriff; and the lord deputy

for the time being is “according to the quality and quantities of every

diocess,” to appoint a yearly salary for every schoolmaster, whereof the

ordinary of every diocess is to bear the third part, and the parsons,

vicars, prebendaries, and other ecclesiastical persons of the diocess,

by an equal contribution, are to bear the other two parts. The whole

charge of these free schools was therefore, we see, to be borne by the

clergy, on whom their superintendence also devolved.

The Reformation had at this time been established in Ireland, and the

clergy whom the state recognised were necessarily all Protestant. The

desire for extending education as a means for improving and enlightening

the people, was therefore to be expected from them; and it is not

improbable this desire was accompanied, and perhaps strengthened, by a

belief that education would bring about the conversion of such of the

people as were not yet of their flock, but still adhered to the church

of Rome. That such were the motives of the Protestant clergy in the

prominent part taken by them with regard to these free schools, and that

the government and the proprietary classes generally were influenced by

similar motives, can hardly admit of doubt. The result turned out

different however from what was anticipated. The great bulk of the

people remained in ignorance, and devotedly attached to the old

religion, as it was and still is called; and thus a separation sprung up

between one class and another, between the more English and Protestant

class, and the more Irish and Romanist class, which has been a fruitful

source of evil to each, and in spite of the countervailing efforts which

have of late years been made, can hardly be said to have altogether

disappeared even at the present day. How strange it seems that religion,

which ought, and we must believe was designed to be, a bond of concord

and union, should be perverted into an occasion for hatred and

strife!—Yet so it unhappily too often has been, and in no country

perhaps more than in Ireland.

[Sidenote: 1612.

11 and 12 James I. cap. 5.]

Little was done in the way of legislation during the reign of James the

First, and only one of the Acts of the Irish parliament in his reign

requires to be noticed, namely _The 11th and 12th James 1st, cap. 5_.—It

is entitled ‘An Act of Repeal of divers Statutes concerning the natives

of this kingdom of Ireland.’ The preamble declares, that “in former

times the natives of this realm of Irish blood, were for the most part

in continual hostility with the English and with those that did descend

of the English, and therefore the said Irish were held and accounted,

and in divers statutes and records were termed and called Irish

enemies.” But—“Forasmuch as the cause of the said difference and of

making the said laws doth now cease, in that all the natives and

inhabitants of this kingdom, without difference and distinction, are

taken under his Majesty’s gracious protection, and do now live under one

law as dutiful subjects, by means whereof a perfect agreement is and

ought to be settled betwixt them”—Wherefore it is enacted, “that all the

said Acts and statutes, and every clause and sentence in them conteyned,

shall for ever be utterly and thoroughly repealed, frustrated,

annihilated, and made void to all intents and purposes.” The passing of

this Act manifests a change in public feeling, and was certainly a step

in the right direction. To treat a people as enemies, is the sure way to

make them such; and that the native Irish had long been so treated, the

records of the antecedent period abundantly prove. The present was

therefore a healing measure. By abolishing the distinction of race, and

bringing all alike under protection of the law, the Act was no doubt

intended to pave the way for an entire amalgamation of the two people.

National distinctions and national grievances are however not easily

obliterated or forgotten; time, intercourse, and the mutual interchange

of good offices being necessary for effecting the one, or blotting out

the remembrance of the other. And even after this has been accomplished,

and a kind of oblivion of the past established, ancient feuds are too

apt to be revived by the occurrence of some circumstance, trivial

perhaps in itself, and race to be again put at enmity with race, class

to be arrayed against class, and sect against sect. The history of

Ireland abounds in examples of such revival of enmities, promoting

discord and disorder, retarding improvement, and exercising a baneful

influence on the character as well as on the condition of the people.

[Sidenote: 1634-5.

10 and 11 Charles I. cap 4.]

The Irish parliament was somewhat more active in the reign of Charles

the First, than it had been in that of his predecessor, and four of its

Acts, all passed in the same year, we will now proceed to notice, the

first of these being—_The 10th and 11th Charles 1st, cap. 4_—entitled

‘An Act for the erecting of Houses of Correction, and for the punishment

of Rogues Vagabonds sturdy Beggars and other lewd and idle persons’—For

which purpose it is enacted, that before Michaelmas in the following

year “there shall be built or otherwise provided within every county of

Ireland, one or more fit and convenient house or houses of correction,

with convenient backside thereunto adjoining, together with mills,

working-cards, and other necessary implements, to set the said rogues

and other idle and disordered persons on work; the same houses to be

built or provided in some convenient place or town in every county,

which houses shall be purchased conveyed or assured unto such person or

persons as by the justices of peace, or the most part of them shall be

thought fit, upon trust, to the intent the same shall be used and

employed for the keeping correcting and setting to work of the said

rogues, vagabonds, sturdy beggars, and other idle and disorderly

persons.” The justices are empowered to make orders from time to time,

for raising money upon the inhabitants of the county for providing the

said houses, and for the government and ordering thereof, and for

setting to work such persons as shall be committed to the same; and also

for the yearly payment of the governor and such others as they shall

think necessary to be employed therein. The justices are moreover to

appoint honest and fit persons to be governors of such houses,—which

governors “shall have power and authority to set such rogues vagabonds

idle and disorderly persons as shall be sent to the said houses, to work

and labour (being able) for such time as they shall there continue, and

to punish the said rogues &c. by putting fetters or gyves upon them, and

by moderate whipping.” And it is further ordered, that the said rogues

and vagabonds during the time they remain in such house of correction,

“shall in no sort be chargeable to the country for any allowance, either

at their bringing in or going forth, or during the time of their abode

there, but shall have such and so much allowance as they shall deserve

by their own labour and work.”

The justices at their quarter session of the peace are required to

assign to the governors of the said houses a fitting salary, to be paid

quarterly in advance by the treasurer of the county, which if the

treasurer neglect to pay, the governor is empowered to levy upon him by

distress of his goods. And in order that more care may be taken by the

governors of such houses of correction, “when the country hath been at

trouble and charge to bring all such disorderly persons to their safe

keeping,” it is directed that they shall at every quarter session yield

a true account to the justices of all persons committed to their

custody; and if any of such persons “shall be troublesome to the country

by going abroad, or otherwise shall escape away from the said house of

correction before they shall be from thence lawfully delivered, the

justices may impose such fines and penalties upon the said governor as

they shall think fit.” The justices are to meet at least twice a year

for the better execution of this statute, and are by warrant to command

the constables of every barony, town, parish, village and hamlet within

the county (“who shall be assisted with sufficient men of the same

places”) to make a general privy search in one night for finding out and

apprehending all rogues, vagabonds, wandering and idle persons, who are

to be brought before the justices to be examined of their wandering idle

life, and punished accordingly, or otherwise sent to the house of

correction and there set to labour and work.

[Sidenote: Who are to be deemed rogues, vagabonds, and sturdy beggars.]

And that there may be no doubt as to who are liable to punishment under

these provisions, it is enacted—“that all persons calling themselves

scholars going about begging; all idle persons going about in any

country either begging or using any subtle craft, or unlawful games or

plays, or feigning themselves to have knowledge in physiognomy palmistry

or other like crafty science, or pretending that they can tell

destinies, fortunes, or such other like phantastical imaginations; all

persons that be or utter themselves to be proctors, procurers, patent

gatherers, or collectors for gaols prisons or hospitals; all fencers,

bear-wards, common players of interludes and minstrels wandering abroad;

all jugglers, wandering persons, and common labourers being able in

body, using loytering, and refusing to work for such reasonable wages as

is taxed and commonly given, and not having living otherwise to maintain

themselves; all persons delivered out of gaols that beg for their fees,

or otherwise travaile begging; all such as wander abroad, pretending

loss by fire or otherwise; all such as wandering pretend themselves to

be Egyptians, or wander in the habit form or attire of counterfeit

Egyptians—shall be taken adjudged and deemed rogues vagabonds and sturdy

beggars, and shall sustain such punishments as are appointed by the

_33rd Henry 8th, cap. 15_,[12] or be otherwise dealt withall by sending

them to the house of correction in the county where they shall be found,

as to the justices shall be thought fit.”

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[12]

Ante, p. 22.

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It appears moreover that many wilful people having children, and being

able to labour for the maintenance of themselves and their families, “do

nevertheless run away out of their parishes, and leave their families

upon the parish”—Wherefore it is enacted that all such persons so

running away, shall be taken and deemed to be incorrigible rogues, and

suffer accordingly—“and if either such man or woman, being able to work,

shall threaten to run away and leave their families as aforesaid, the

same being proved by two sufficient witnesses upon oath before two

justices of peace, the person so threatening shall by the said justices

be sent to the house of correction, there to be dealt with as a sturdy

and wandering rogue, unless he or she can put in sufficient sureties for

the discharge of the parish.” This enactment, and the recital by which

it is introduced and justified, might be taken for a part of our late

English poor-law system, so exactly does it accord with what was

frequently practised in English parishes. Yet nothing like settlement,

or a right to relief, or any organization for providing or affording

relief, existed in Ireland. The great principle of parochial

chargeability for relief of the destitute embodied in the _43rd of

Elizabeth_, seems nevertheless to have been in some degree recognised,

and was probably to some extent operative in Ireland, although without

legal sanction; for unless such were the case, persons running away

could not be said to leave their families a charge upon the parish,

neither perhaps would their threatening to run away be so stringently

dealt with as we here find it to be.

The provisions of this Act are no doubt important, and the Act itself

taken as a whole, throws considerable light upon the condition of

Ireland at that time, and shows that the state of society there was

gradually approximating to that which prevailed in England. The persons

subjected to punishment as rogues and vagabonds, are identical with

those described in the English Act _22nd Henry 8th, cap. 12_.[13] The

provisions with respect to houses of correction, are similar to those

directed by the English Acts _18th Elizabeth, cap. 3_,[13] and the _7th

James 1st, cap. 4_;[13] and the privy search ordered to be made for

apprehending vagrants &c. is the same as in the Act of James.[13] With

such a similarity of enactments therefore, we can hardly doubt that

there was a general similarity in the circumstances of the two

countries, although those parts of Ireland which were latest brought

under subjection, may still have been in a rude and backward state, as

indeed it is known that they then were, and for a long time afterwards

continued to be.

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[13]

See ‘History of the English Poor Law,’ vol. i. pp. 115, 171, 233 and

234.

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A history of the Irish poor law, in connexion with the condition of the people · 第 1 / 12 章