Thomas Davis, Selections from his Prose and Poetry. Thomas Osborne Davis

VIII.

      An Act to continue two Acts made to prevent Delays in Execution; and to prevent Arrests of Judgments and Superseding Executions.

      Chapter IX.

      An Act for Repealing a Statute, Entituled, An Act for Provision of Ministers in Cities and Corporate Towns, and making the Church of St. Andrews in the Suburbs of [the city of] Dublin Presentative for ever.

      Chapter X.

      An Act of Supply for his Majesty for the Support of his Army.

      [The Act of Supply begins by giving good reasons for the making of it; namely, that the army cost far more than the king's revenue, and that that army was rendered necessary from the invasion of Ireland by the English rebels. It next grants the king £20,000 a month, to be raised by a land-tax, and this sum it distributes on the different counties and counties of towns, according to their abilities. The rebellious counties of Fermanagh and Derry are taxed just as lightly as if they were loyal. The names of the commissioners are, beyond doubt, those of the first men in their respective counties. The rank of the country was as palpably on James's side as was the populace.

      The clauses regarding the tenants are remarkably clear and liberal: "For as much," it says, "as it would be hard that the tenants should bear any proportion of the said sum, considering that it is very difficult for the tenant to pay his rent in these distracted times," it goes on to provide that the tax shall, in the first instance, be paid by the occupier, but that, where land is let at its value, he shall be allowed the whole of the tax out of his rent, notwithstanding any contract to the contrary; and that where the land was let at half its value or less, then, and then only, should the tenant pay a share (half) of the tax. Thus not only rack-rented farms, but all let at any rent, no matter how little, over half the value, were free of this tax. Where, in distracted or quiet times, since, has a parliament of landlords in England or Ireland acted with equal liberality?

      The £20,000 a month hereby granted was altogether insufficient for the war; and James, urged by the military exigency, which did not tolerate the delay of calling a parliament when Schomberg threatened the capital, issued a commission on the 10th April, 1690, to raise £20,000 a month additional; yet so far was even this from meeting his wants, that we find by one of Tyrconnell's letters to the queen (quoted in Thorpe's catalogue for 1836), that in the spring of 1689, James's expenses were £100,000 a month. Those who have censured this additional levy and the brass coinage were jealous of what was done towards fighting the battle of Ireland, or forgot that levies by the crown and alterations of the coin had been practised by every government in Europe.]

      Chapter XI.

      An Act for Repealing the Act for keeping and celebrating the 23rd of October as an Anniversary Thanksgiving in this Kingdom.

      Chapter XII.

      An Act for Liberty of Conscience, and Repealing such Acts or Clauses in any Act of Parliament which are inconsistent with the same.

      An Act concerning Tythes and other Ecclesiastical Duties.

      Acts XIII. and XV. provide for the payment of tithes by Protestants to the Protestant Church and by Catholics to the Catholic Church.

      Chapter XIV.

      An Act regulating Tythes, and other Ecclesiastical Duties in the Province of Ulster.

      Chapter XVI.

      An Act for Repealing the Act for real Union and Division of Parishes, and concerning Churches, Free-Schools and Exchanges.

      Chapter XVII.

      An Act for Relief and Release of poor distressed Prisoners for Debts.

      Chapter XVIII.

      An Act for the Repealing an Act, Entituled, An Act for Confirmation of Letters Patent Granted to his Grace James Duke of Ormond.

      [The list of estates granted to Ormond, under the settlement at the restoration, occupies a page and a half of Cox's Magazine. To reduce him to his hereditary principalities (for they were no less) which he held in 1641, was no great grievance, and that was the object of this Act.]

      Chapter XIX.

      An Act for Encouragement of Strangers and others to inhabit and plant in the Kingdom of Ireland.

      Chapter XX.

      An Act for Prevention of Frauds and Perjuries.

      Chapter XXI.

      An Act for Prohibiting the Importation of English, Scotch, or Welch Coals into this Kingdom.

      Chapter XXII.

      An Act for ratifying and confirming Deeds and Settlements and last Wills and Testaments of Persons out of Possession.

      Chapter XXIII.

      An Act for the speedy Recovering of Servants' Wages.

      Chapter XXIV.

      An Act for Forfeiting and Vesting in His Majesty the Goods of Absentees.

      Chapter XXV.

      An Act concerning Martial Law.

      Chapter XXVI.

      An Act for Punishment of Waste committed on Lands restorable to old Proprietors.

      Chapter XXVII.

      An Act to enable his Majesty to regulate the Duties of Foreign Commodities.

      Chapter XXVIII.

      An Act for the better settling Intestates' Estates.

      Chapter XXIX.

      An Act for the Advance and Improvement of Trade, and for Encouragement and increase of Shipping, and Navigation.

      Chapter XXX.

      An Act for the Attainder of Divers Rebels, and for the Preserving the Interest of Loyal Subjects.—(Dealt with in our sixth chapter.)

      Chapter XXXI.

      An Act for granting and confirming unto the Duke of Tyrconnel, Lands and Tenements to the Value of £15,000 per annum.

      Chapter XXXII.

      An Act for securing the Water-Course for the Castle and City of Dublin.

      Chapter XXXIII.

      An Act for relieving Dame Anna Yolanda Sarracourt, alias Duval, and her Daughter.

      Chapter XXXIV.

      An Act for securing Iron-works and Land thereunto belonging, on Sir Henry Waddington, Knight, at a certain Rate.

      Chapter XXXV.

      An Act for Reversal of the Attainder of William Ryan of Bally Ryan in the County of Tipperary, Esq.; and for restoring him to his Blood, corrupted by the said Attainder.

      CHAPTER V.

      REPEAL OF THE ACT OF SETTLEMENT.

      It appears from the Journal of the proceedings of the parliament, and from many other authorities, that no act of the Irish Parliament of 1689 received such full consideration as the following. Two bills were brought in for the purpose of repealing the acts of settlement—that into the House of Lords, on May 13, by Chief Justice Nugent; that into the House of Commons by Lord Riverstown and Colonel MacCarthy. Committees sat to inquire into the effects of the bills; many memorials were read and considered; counsel were heard, both generally on the bills and on their effects on individuals; the debates were long, and it was not till after several conferences between the two houses that the act passed. The act was deliberately and maturely considered.

      The titles and some of the effects of the acts of settlement are given in the preamble to the following statute. The effect of those acts of settlement had been, in a great degree, to confirm the unprincipled distribution of Irish property, made by Cromwell's government, amongst those who had served it best, or, what meant nearly the same thing, who had most injured the Irish. The acts of settlement gave legality to a revolution which transferred the lands of the natives