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User:Jnestorius/English laws in Ireland before and after Poynings

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Poynings' Laws or the Statute of Drogheda were passed by Poynings' Parliament, a session of the Parliament of Ireland convened by Edward Poynings in 1494–5 in Drogheda. The two most important acts were:

  • Baxter, J. Sinclair (7 November 1902). "What English statutes are law in Ireland?". The New Irish Jurist and Local Government Review. 2 (52): 443–444. ISSN 2565-5566. JSTOR 44606395.
The 21 & 22 Geo. III., cap. 48 (Ir.), commonly called Yelverton's Act, after reciting Poyning's Act, provides that all English statutes, then in existence, made for settling and assuring forfeited estates, all private statutes concerning the title to land, and all such English commercial statutes " as import to impose equal restraints on the subjects of England and Ireland, and to entitle them to equal benefits." shall apply to Ireland.
We cannot at present refer to the claim made by the English Parliament, chiefly in the 17th and 18th centuries, to bind Ireland by statutes expressly mentioning this country. The matter is now only of historical importance, as the alleged right was chiefly exercised in trade and navigation laws, all long since repealed. As to the general law, we may sum up all that we have been saying as follows: - English statutes older in date than 1495, are, by the operation of Poyning's Act, ipso facto law in Ireland. From 1495 till the Union no English general statute is of itself law in Ireland, but the most important have been re-enacted here, and must be sought for in the Irish statute book. This again is subject to the rather vague exception created by Yelverton's Act.

My disagreements with the preceding:

Private GB acts relating to Ireland
Chapter Title
19 Geo 2 c 18 An act to enable George earl of Cholmondeley, and William Pitt esquire, to take in Great Britain the oath of office as vice treasurer and receiver general and paymaster general of all his Majesty's revenues in the kingdom of Ireland, and to qualify themselves for the enjoyment of the said offices.
19 Geo 2 c 19 An act for sale of certain estates of the late earl of Fingall, in the county of Cavan, in the kingdom of Ireland, for discharging incumbrances charged thereon, and for other purposes therein mentioned.
19 Geo 2 c 27 An act to enable George earl of Cholmondeley, and sir William Yonge baronet, knight of the most honourable order of the bath, to take in Great Britain the oath of office as vice treasurer and receiver general and paymaster general of all his Majesty's revenues in the kingdom of Ireland, and to qualify themselves for the enjoyment of the said offices.

Walter Harris' revision of James Ware's The Antiquities of Ireland "Ch.XIII: of the Common and Statute Laws introduced by the English into Ireland, and of the Settlement of the Legislature there":

Such Parts of the Statute Law of England, as are in force in Ireland, became so by Degrees, and we are indebted for them to the Confirmations made by Irish Parliaments in several Ages. But here we speak of Statutes introdućtory of new Laws ; for Aéts made in England, declaratory of the common Law, have no Need of Confirmation by an Irish Parliament ; because the common Law, which such declaratory Statutes confirm, was in full Force before they were enaëted.

  • The first Account we have of English Statutes being confirmed by Aét of Parliament in Ireland is in a marginal Note affixed by Sir Richard Bolton to his Edition of the Irish Statutes; where in a Note to the Statute of 10 Hen. 7 Chap. 22. he tells us,
    • that the Statutes of Merton, made 20th Hen. 3d. (1235) the Statutes of Marlebridge made sz. Hen. 3d, (1267) the Statute of Westminster the 1st. made 3d. of Edw. I, the Statute of Gloucester, made 6th of Edw. I. and the Statute of Westminster 2d. made 13th Edw. “I. were all confirmed by an Aćt of Parliament made in Ireland in the “ 13th of Edw. II;
    • and that all other Statutes, which were of Force in England, were referred to be examined in the next Parliament, and that so many, as were then allowed and published, to stand likewise for Laws in Ireland.
    • That by Stat. 19. Edw. II. and 29. Hen. 6. it was enacted in Ireland, that the Statutes made in England should not be of Force in Ireland, unless they were allowed and published in Ireland by Parliament; that these Statutes are not to be found in the Rolls, but that he had seen them exemplified under the great Seal, and that the Exemplification in his time remained in the Treasury of Waterford.
  • By the Irish Statute of 18 Hen. 6. chap. 1. all English Statutes enaćted against the Extortions of Purveyors are made of Force in Ireland.
  • By the Irish Stat. 32 Hen. 6. ch. I. all Statutes made before that Time in England or Ireland, against Provisors were enačted to be revived and of Force in Ireland, and the like Statute is again, enaëted Anno Io. Hen. 7. chap. 5.
  • By the Irish Statute of 8. Edw. 4. ch. 1. the English Statute concerning Rapes, made in the 6th. of Rich. II. is made of Force in Ireland; and further, that all other Statutes made by Authority of Parliament in England before that Time be confirmed and adjudged of Force in Ireland.
  • The Statute of Absentees made in England Anno 3. Rich. 2. and acknowledged in Ireland, was by the Irish Statute of 19 Edw. A. authorized, and confirmed.
  • Lastly, by the Irish Statute of the 10th Hen. 7, chap. 22 all Statutes late (i. e. before that time, as the Lawyers expound it) made in England concerning the common and publick Weal of the same, were enaëted from that time to be good and effectual in Ireland, and to be used and executed within the said Land of Ireland in all points, and at all times requisite, according to the Tenor, and Effect of the same, and that all Laws hereafter made to the contrary should be void and of no Effect. Thus the Statutes of England antecedent to the 10th Year of Hen. 7. came to be of Force in Ireland, that is, such Statutes as were of general and publick Concern ; but such English Statutes as were local and concerned particular Persons or Places could not by any general Confirmation or Approbation become of Porce in Ireland.

It would be foreign to our Purpose to enter into the Controversy, whether Statutes made by the Legislature of England, where the People of Ireland have no Representatives, shall bind Ireland. This Matter has already been handled on the Part of Ireland by Sir Richard Bolton, Chief Baron of Exchequer of Ireland An. 1644, in a Treatise entitled, A Declaration setting forth how, and by what Means, the Laws and Statutes of England, from time to time, came to be of Force in Ireland; which on the Part of England was answered by Serjeant Samuel Mayart in another Treatise, entitled, An Answer to the Book entitled, how and by what Means the Laws and Statutes of England from time to time came to be of Force in Ireland. ... The Subjećt was afterwards resumed in 1697 by William Molyneaux Esq; L. L. D. and Member of Parliament, in a Treatise entitled, The Case of Ireland's being bound by Atts of Parliament in England stated to which Replies were made the same Year by Mr. Atwood and Mr. Cary, and to these several Pieces I refer the Reader, the Subjećt being in a Manner exhausted by them.

— [4]
  • Osborough, W. N. (2013). "Eighteenth-century Ireland's legislative deficit". In Donlan, Seán Patrick; Brown, Michael (eds.). The Laws and Other Legalities of Ireland, 1689–1850. Ashgate. pp. 75–96. ISBN 978-1-4094-8257-4. Retrieved 12 June 2020. esp pages:-
    • 80, "Act of State" of Irish Privy Council when Irish Parliament not in session
    • 86–87, summarises 5 kinds of Westminster laws applied to Ireland listed in Bullingbrooke, Edward; Belcher, Jonathan (1754). An Abridgement of the Statutes of Ireland ... and of All the English and British Statutes which Extend to and Bind Ireland. Dublin: Printed by George Abraham Grierson. OCLC 938707378.
  • Osborough, W.N. (1998). "The Failure to Enact an Irish Bill of Rights: A Gap in Irish Constitutional History". Irish Jurist. 33: 392–416. ISSN 0021-1273. JSTOR 44027310.
    [p. 415] "The Irish parliament never succeeded in enacting its own bill of rights, and the historical record continues to display this conspicuous constitutional hiatus. But curiously, if a trifle surreptitiously, more especially after the Act of Union in 1800, Ireland's lawyers and judges — and possibly a few public men too — were to embark upon a quite novel exercise, that of seeking to integrate within the corpus of Irish law and constitutional principle such clauses of the English Bill of Rights that were not by that stage regarded as completely redundant."
  • Osborough, W.N. (2002). "Constitutionally Constructing A Sense of Oneness: Facets of Law in Ireland After the Union". Irish Jurist. 37: 227–240. ISSN 0021-1273. JSTOR 44027023.
    [p. 232] "One of the more curious chapters in Irish constitutional unfold after 1801 - the incorporation into Irish law introduced into English legal and constitutional practice by the Bill of Rights"
    Irish court cases resolved with reference to Bill of Rights: Article 9 (1887 : pp. 232-3); Article 5 (1836 : pp. 233-4); Article 2 (1836, 1886, 1893 : p. 234); Article 10 (1840 : p. 235)
    [p. 238] Lawyer Simon Butler 1792 opinion that the Bill of Rights "being a law declaratory the subject" was accordingly in force in Ireland; Govt concedes that its policy should conform to the Bill of Rights, but as a matter of good government rather than an obligation.

into Irish law introduced into English legal and constitutional stipulated: That the freedom of speech and debates or proceedings ought not to be impeached or questioned

Steele, Robert (1910). "The Council of Ireland and its Proclamations". Bibliography of royal proclamations of the Tudor and Stuart sovereigns and of others published under authority, 1485–1714; Vol. I. Bibliotheca Lindesiana. Vol. V. Oxford: Clarendon Press. pp. cxxviii–cxxxv. Retrieved 16 February 2021 – via National Library of Scotland.

We have said that the Parliament of England made laws for Ireland. Among the important exercises of this power are the Act 3 W. & M. c. 2 (22 October 1691), which repealed the Irish Act of 2 Eliz. c. 1, imposing a modified oath of supremacy and enforced a new oath of supremacy and declaration against Transubstantiation on all members of the Irish Parliament, and another Act of 1699 forbidding the export of wool from Ireland except to England. A still more important exercise of sovereignty was the passing of the Act of Resumption, 10 April 1700, invalidating all grants of the Crown in Ireland.
[This appears to be 11 & 12 Will.3 c.2 passed in 1699; see HC 1868–9 (366-I) pp.467–8]
p.cxxxiii The proclamations banishing Jesuits, the Roman Catholic hierarchy, and regular priests (e.g. Nos. 182, 203, 217, 222, 247, 282, 844, 850, &c.) depend either on the Royal prerogative or on English Acts, which are thus tacitly assumed to be in force in Ireland. The latter is probably the case, as No. 182 is a Royal proclamation sent direct from England, and the others are in great measure repetitions of it or acts of war, till we come to 1673. Proclamations of the kind after 1698 are merely enforcing the Act of 9 Will. III, c. 1, Ireland. One proclamation dealing with the subject issued on 8 March 1672 (No. 821) was declared void by the Irish Parliament on 19 September 1695, but this allowed Roman Catholics to hold houses in corporate towns and become freemen of cities.

Cox's Criminal Cases Vol.3 p.360 (1848-9 treason case of Young Ireland rebellion)

  • "Held, that the 1st and 4th sections of the statute 57 Geo. 3, c. 6 [Treason Act 1817], are not extended to Ireland, and therefore that persons prosecuted in Ireland are not entitled to the benefits conferred by the statutes 7 & 8 Will. 3 [Treason Act 1695], and 7 Anne, c. 21 [Treason Act 1708], on persons accused of high treason."
    • reason was that the 1817 act made permanent Treason Act 1795, which did not extend to Ireland.

Hardcastle, Henry (1892). A Treatise on the Construction and Effect of Statute Law: With Appendices Containing Words and Expressions Used in Statutes which Have Been Judicially Or Statutably Construed, and the Popular and Short Titles of Certain Statutes. Stevens and Haynes. p. 445.

[Effect of English statutes in Ireland] From the conquest of Ireland by Henry II. until the passing of Poyning's law (10 Hen. 7), Ireland legislated for itself, and English statutes had no force there.(k [see 1 Bl. Comm. 103]) From that date till 1719, no English or British Act applied to Ireland unless it was specially named or included. In that year, by 6 Geo. 1, c. 5, the British Legislature asserted the right to make laws for Ireland. This claim was abandoned in 1782 (by 22 Geo. 3, c. 53), and the Irish Legislature became independent from the British. So matters stood until the Union, and “since the Union all Acts of Parliament extend to Ireland, whether expressly mentioned or not, unless that portion of the United Kingdom be expressly excepted, or the intention to except it is otherwise plainly shown.”[1 Steph. Comm. 101. See R. v. Mallow (1859) 12 Ir. CLR 35]
But the Act of Union has not extended to Ireland any English or British Act passed before 1800 which did not previously apply to Ireland. Thus, Ireland is still place “beyond the seas,” and “out of the realm of England,” within the meaning of 4 & 5 Anne, c. 3. [4 Anne, c. 16 (Ruffhead)] “If,” said the Court in Lane v. Bennett (1836), 1 M. & W. 75, “the expression ‘beyond the seas' is to be construed as equivalent to 'out of the realm of England' [as we think it is], then the Act of Union does not bring Ireland within that realm or make it parcel thereof, but it forms one united kingdom of both, and provides that all the laws then in force in each shall remain as by law established in each. Any one, therefore, in Ireland is still out of that which was the realm contemplated by the statute of Anne, although England has ceased to be a separate kingdom," and various statutes, such as the Wagering Act, have been extended to Ireland by express enactment.

Gabbett, Joseph (1812). "Preface". A Digested Abridgement and Comparative View of the Statute Law in England and Ireland. Vol. 1. Dublin: Graisberry & Campbell. pp. v–xxiv.

Tyrwhitt/Tyndale recommend Gabbett's discussion especially of Yelverton's vagueness.
it is to the honor of the Irish parliament, that in the same session in which they repealed one of Poyning's acts (10 Hen. 7. c. 4.) as inverting the English constitution, and intrenching on their independence, they followed the principle of the other (10 Hen. 7. c. 22.) in adopting several English statutes, that, by "a similarity of laws, they might strengthen and perpetuate that affection and harmony which at all times ought to subsist between Great Britain and Ireland."

Tyrwhitt, Robert P.; Tyndale, Thomas William (1822). "General Observations on the Extent of Acts of Parliament". A Digest of the Public General Statutes from Magna Charta. Vol. 1. London: Joseph Butterworth. pp. xiii–xv.

Other instances occur in which Irish statutes are repealed by statutes of the English and British parliaments, viz. 2 El. c.l. (Ir) by 3 W.& M. c. 2. s. I. as to the oath of supremacy: so 12 C.2. c.84. (now repealed as to Ireland, by 19G. 8. c. 35. s. 1.) forbade the planting tobacco in Ireland. The oath by 2 El. c.1. (Ir.) appointed to be taken, is abolished by 3W.& M. c.2. s.2. Again, the laws made in Great Britain against private and unlawful lotteries, were extended to Ireland by 29 G.2. c.7. But all these examples, except the last, occur previous to 6 G.1.6.5. which “ declared Ireland to have been and to be subordinate to, fb and dependent on the imperial crown of Great Britain, as inseparably united thereto, and that H. M. and “ the Lords and Commons of Great Britain in parliament, had and have full power to make statutes to bind " Ireland."

Department of Justice (1981). Statute law revision bill 1981 : Explanatory Memorandum (PDF). Dublin: Stationery Office – via Oireachtas Library.:

[s. 5(c)] English/British acts "extended to Ireland by legislation of the Irish Parliament. The main extending enactments are Wentworth's Act —the Maintenance and Champerty Act, 1634 (10Chas.1sess.3.c.15(Ir.))— Yelverton’s Act (21&22Geo.3.c.48(Ir.)) which confirmed English statutes of specified kinds (of which only those relating to the calendar still survive) and the Act of Union, 1800 (which extended enactments relating to the Crown, Parliament, the Peerage and the Church of Ireland — all now obsolete)."
[s. 6] "A comment is called for on the question of the jurisdiction of the pre-1800 English and British parliaments ... to legislate for Ireland." ... Poynings' Law (on certification of acts) gave the English crown a veto on Irish statutes. "But it did not give the English parliament the authority to legislate for Ireland. With such a veto there was no need to do so."

Jephson, Henry L. (July 1879). "Irish statute law reform". Journal of the Statistical and Social Inquiry Society of Ireland. VII (LV). Dublin: 375–385. — no real mention of pre-1800 status. instances some differences between English and Irish legal order; suggests assimilation project, preceded by a comprehensive statement of differences made by either by existing State Law [Revision] Committee or new Royal Commission; analogous A Compendium of English and Scotch Law Stating Their Differences James Paterson (2nd ed. 1865)

Donaldson, Alfred (May 1952). The Application in Ireland of English and British Legislation made before 1801 (PhD). Faculty of Law, Queen’s University, Belfast.

Statute Law Revision Project:[5]

statutes of the English Parliament from 1495 to 1707 and of the Parliament of Great Britain (1707 to 1800) were presumed not to apply to Ireland unless they clearly applied, either by virtue of the Act concerned or any subsequent Act [...]

In determining whether or not a statute of the Parliament of England, Great Britain, or the United Kingdom of Great Britain and Ireland applied to Ireland when enacted or subsequently, the following approach was taken:

  • if the statute expressly applied in whole or in part to Ireland, then that was taken to be the case;
  • if the statute by its content was generally applicable to His or Her Majesty’s Realms at the time of its enactment, then it was applicable to Ireland;
    [fn 40 For example, the Calendar (New Style) Act 1750 (24 Geo. 2, c. 23) applied ‘throughout all his Majesty’s dominions and countries in Europe, Asia, Africa, and America, belonging or subject to the crown of Great Britain’—see preamble to that Act.]
  • if the statute, although in general not applicable to Ireland, provided that some consequential measure could be expressly taken in Ireland, then the statute was to be treated as applicable to Ireland when enacted.41

eISB Pre Union British Statutes year index

  • By listing all those still in force or explicitly repealed one can infer which were presumed to have applied to Ireland, though not necessarily why
    • Why could by by right of GB implicitly or explicitly extending to Ireland, or by adoption by pre-1801 Irish act [or, conceivably, by pre-1801 GB act] or by extension by post-1801 UK act [or, very unlikely, post-1922 Oireachtas act]).
  • SLR 1874 s.2 55 Geo. 3. c. 91. (repealed by Statute Law Revision Act, 1873) revived as to Dublin; later "Criminal Costs (Dublin) Act 1815", repealed 1997
  • 47 Geo. 3 sess. 1 c. 8 [continues for another 7 years some expiring laws of Irish Parliament for importation of arms]

9 & 10 Vict. c.59 after repealing 5 & 6 Ed. 6 c. 1 [Eng.] ss. 1, 2, 3, 4, 6:

"Also so much of any Act or Acts of the Parliament of Ireland as may have extended to Ireland the Provisions of the said Act of the Fifth and Sixth Years of the Reign of King Edward the Sixth, so far as the same is hereby repealed"
among later acts / parts repealed are several Irish: 2 Eliz cc. 1, 2; 17 & 18 Car. 2 c. 6 s. 6; 2 Anne c. 6 ss. 1, 2; 17 & 18 G. 3 c. 49 s. 5; 23 & 24 G. 3 c. 38; 33 G. 3 c. 21 s. 14

Some Westminster Parl acts are not expressed to create statutes but rather declaratory or explanatory of the common law. Since the common law was assumed to be the same in Ireland as in England, these declarations and explanations arguably applied to Ireland. (OTOH were there any such Irish acts?)

Citation

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Interesting that schedule to Gaming and Lotteries Act, 1956 lists GB acts unparenthesised and Irish acts with (Ir.):

10 Will. III, c. 23. An Act for suppressing of Lotteries (1698).
6 Anne, c. 17 (Ir.). An Act for suppressing Lotteries and Gaming-Tables (1707).

Statutes of the Realm

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Statutes of the Realm to 1714

Raithby

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Raithby, John (1814). "Ireland". An Index to the Statutes at Large: From Magna Carta, to the Forty Ninth Year of George III Inclusive. Vol. II. London: George Eyre and Andrew Strahan. [about 100 pages, though acts from regnal year 41 G3 onwards are UK not GB] Ireland

  • Africa, Coast
    • Trade with, from Ireland, 20 G. 3 . *• 10.
  • American Colonies.
    • Importation from, 4 G. 2. c.115 s.46
    • Trade with, from Ireland, 29 G. 3. c. 10.
  • Annuities.
    • Bank of England, Irish Annuities, &c# payable at, 35 G 3 c 66 — 37 G.3. c.46.
    • Transferable, 35 G. 3. c.66.
  • Appeal to England.
    • Stat. 23 G. 3. c. 28. fee 39&40G.3.C.67. Art.8.
  • Army.
    • Peace Establishment, 10 & 11 W. 3. c.1.— 8 G.3. c.13.
  • Assise of Novel Disseisin.
    • Adjourned in the County only, Ord. pro Hib. 17 E. 1. c.8.
  • Barristers.
    • Practising, before sworn, 3 W. & M. c.2. s7,
  • Benefices.
    • Collations to, making, 4H.5. c.6.
    • Irish to live on their Benefices, 1 H. 5. c.8.
    • Rebels, Archbishops, &c. collating to Benefices, 4 H.5. c.6.
  • Bill in Grace.
    • Fees of Bill of Grace, Ord. pro Hib. 17 E.1. c.4.
  • Bills and Suggestions, as to Grievances.
    • Transmitted to Justices, Chancellor, &c. Ord. Fac. pro Hib* 31 E.3. st. 4. c. 12.
  • Bishops.
    • Election of, regulated, 1 E. 6. c. 2.
  • Broccatores.
    • Bills and Suggestions by, as to Grievances, repressed, Ord. Fac. pro Hib. 31 E.3. st. 4. c. 12.
  • Business of the Land.
    • Council, discussed in, Ord. Fac. pro Hib. 31 E.3. st. 4. c. 2.
  • Castles.
    • Owners of, to {repair,reside} 3 R.2 Vol ii. p.32
  • Cattle.
    • Exportation of, permitted, 5 G.3 c.10. §1. perpetual, 16 G.3. c.8.
    • General Issue, 5 G.3 c.10. §2.
  • Church
    • Dignities in the Church; Irishmen not to be promoted to 4H.5 c.6.
    • Liberties of Church of Ireland, confirmed, Ord. Fac. pro Hib. 31 E.3. st. 4. c.1
  • Clerk of the Market.
    • Farmers of Office of, Misdemeanours of, punished / Misdemeanours, how punished } Ord. Fac. pro Hib. 31 E.3. st. 4. c.19
  • Coinage.
    • Liberty of, granted to Persons having Castles, &c. 3 R.2 Vol ii. p.32
  • Coparceners.
    • All to do Homage, Stat. Hib. de Cohered. 14 H.3.
  • Corn.
    • Exportation of, Isle of Man, to, Bounty discontinued 5 G.3 c.30 s.11. see 31 G.3. c.30.
  • Cotton Manufactures.
    • Exportation to {Africa, America} 18 G.3. c.35. s6, 7.
  • Council.
    • Business of the Land, discussed in Council, Ord. Fac. pro Hib. 31 E.3. st. 4. c.2.
  • Counties.
    • Inhabitants answerable to Persons robbed, Ord. Fac. pro Hib. 31 E.3. st.4. c.5.
  • Court of Exchequer and Exchequer.
    • Common Pleas, not to hear, Ord. Fac. pro Hib. 31 E.3. st. 4. c. 11.
    • Discharge in the Exchequer, Ord. Fac. pro Hib. 31 E.3. st. 4. c.15.
  • Courts of justice
    • Appeal,Writ of Error} to G.B. 23 G.3. c.28. see 39&40 G.3. c.67. Art. 8.
  • Crown.
    • Dispensing Power, by Letters Patent, &c. 3 W. & M. c.2.
  • Customs.
    • Collectors,
      • Certificate of Goods landed in Ireland, signed by, 5 G.1. c. 11. s5.
    • Goods Landed, Collector signing Certificate, 5 G.1. c. 11. s5
  • Declaration of Conformity.
    • Form of, 3 W. & M. c.2. § 5.
    • Taking, regulated, §3—5.
  • Dispensing Power in The Crown.
    • Letters Patent, Warrants, &c.} Not to dispense with Act, 3W.&M. c2. s.17.
  • Dissensions between the English in Ireland.
    • Prevented, &c. Ord. Fac. pro Hib. 31 E.3. st. 4. c. 18.
  • Dublin (Archbifhop and Bifhoprick of).
    • Seatown, Lands of, Grant from The Crown confirmed, 4&5 Ann. c.26.
  • East India Company.
    • Trade of, Proviso for, 33 G.3. c.63. § 7.
  • East India Goods.
    • Carried into Ireland, 5 G.1. c.11. s.12. — 7 G.1 st.1. c.21. §9.
  • Englishmen.
    • Lands, having, in Ireland, may carry Goods, &c. thither and back again, 34 E.3. c. 18.
  • Excise.
    • Commiffioners,
      • Wool, exporting, to determine Offences, 6 G.l c.21 s.64,
  • Exportation.
    • Africa,America} Colonies in, Exportation to, by any former Act, Proviso for, 20 G. 3. c. 10. § 1. 6.
    • Drawbacks,
      • Certificate of Landing produced before Drawback, 12 G.3. c.55. s.4.
      • Faro, Isles of,
        • Cocquet, in what cafe, not granted, 5 G.3. c.43. s.31.
        • Drawback on Goods exported to, 5 G.3. c.43. s.31. [— 45 G. 3. c. 18. s 26.]
      • Oath of Exporter, 12 G.1. c.55. s.3.
    • Entering Goods for Exportation, and then landing them in G.B. 12 G.3. c.55 s.2
    • General Issue, 12 G.3. c.55. § 6.
    • Great Britain,Guernfey, &c.} Certificate of Landing Goods exported to, 12 G.3. c.55. § 4. [— 46 G. 3. c.87. s.29]
    • Levant Seas, Exportation to (by Persons free of Turkey Company), 20 G.3. c. 18. § 3,4.
    • Mailers of Vessels, exporting to Plantations, Certificate of Growth or Manufacture, to produce at Port of Arrival, 18 G.3. c.55. §2.
    • Plantations to, Regulated, 18 G.3. c.55. s.1.
    • Prohibited Imported Goods, not to be exported, 12 G.3. c.55. s.1,2.
    • Relanding Exported Goods entitled to Drawback, Oath, 12 G.3. c.55. s.3.
    • West Indies, Former Acts, Proviso for, 20 G.3. c.10. §6.
  • Fish and Fishing.
    • Greenland and Whale Fishing, Regulations, 15 G.3 c.31. §21.
  • Fitzgerald, Gerald, of Rathrone.
    • The Crown, Lands in Ireland divested out of, and granted to 11 G. 3. c.56.
  • Forfeited Estates.
    • Crown, veiled in, 33 G.3. c.46.
    • King, Aid granted to, by Sale of, 11 & 12 W.3. c.2. — 1 Ann. st.1. c.31. — 5&6 Ann. c.35.
    • Papists, disabled from purchasing, 1 Ann. st.1. c.32.
    • Protestant Purchasers, relieved, 1 Ann. st.1. c.32. — l Ann. st.2. c.21. — 2&3 Ann. c.10. — 18 G.3. c.61.
  • Glass.
    • Exported, not to be, 19 G.2. c.12. s.21.
    • Foreign Glass, not to be imported, 19 G.2. c.12. s19. see 39&40 G.3. c.67. Art.6. Sch.A.
  • Goods landed in Ireland.
    • Certificate of Landing, signed by Collector, 5 G.1. c.11. §5. —see 27 G.2. c.18. s.4.
  • Greenland and Whale Fisheries.
    • Ships fitted out for, Bounty, 26 G.3. c.41. § 12.
  • Gum Arabic and Senega.
    • Importation of, Tonnage, 6 G.3. c.46. s.5.
  • Hemp.
    • Exportation of, to England, Duty free, 7 & 8 W.3. c.39. — 1 Ann. st.2. c.8. [see 49 G. 3. c.98. Sch. A. Inwards.]
  • Hides and Skins.
    • Raw Hides and Skins, Importation, prohibiting, by The King in Council, 9 G. 3. c. 39. § 1.
  • Hue and Cry.
    • Made, Ord. Fac. pro Hib. 31 E.3. st.4. c.5.
  • Importation.
    • Africa, America} Colonies in, Importation from, former Acts, Proviso for 20 G.3. c.10. §1. 6.
    • Plantations, from, 4 G. 2. c. 15.
  • Imprisonment.
    • Not to be imprisoned without Indictment and due Process of Law, Ord. Fac. pro Hib. 31 E.3. st.4. c.16.
  • Impropriations.
    • Forfeited Impropriations, applied to building Churches, &c. 5&6 Ann. c.25.
  • Indigo.
    • Importation of, Duty free, 7 G.2. c.18. s2. [see 43 G. 3. c.153. s13.]
  • Inferior Civil Officers.
    • Act not to extend to, 1 Ann. st.2. c.17. § 12.
    • Behaviour of, Annual Enquiry into, Ord. Fac. pro Hib. 31 E.3. st.4. c.17.
  • Inquisitions.
    • Felonies, Inquisition of, Ord. Fac. pro Hib. 31 E.3. st. 4. c.5
  • Irish Buckrams.
    • Exportation, 23 G. 3. c. 21. continued, 24 G. 3. sess.1 c. 14. Qu. EXP.
  • Irish Manufactures, and Foreign Goods imported into Ireland.
    • Exportation, British Settlements, to, 18 G. 3. c. 55. s 1,2. 7.
  • Irish Sail Cloth.
    • Importation of, 23G.2. c.32. Qu. EXP.
  • Judges.
    • Advisers interested (Broccatores), Judges not to be governed by, Ord. Fac. pro Hib. 31 E.3. st.4 c.3
  • King.
    • Officers of The King, not to purchase Lands without The King's Licence, Ord. pro Hib. 17 E.1. c.1.
  • Lands.
    • Persons haying, in Ireland, may carry Goods, 34 E.3 c. 18.
  • Laws.
    • Irish Subjects to use the same Laws with the English, Ord. Fac. pro Hib. 31 E.3. st. 4. c. 18.
  • Leases.
    • Cabins, Cottages} under 30s. Rent, Proviso for Leases, 1 Ann. st. 1. c.32. s 10. 17. 21.
    • Papists taking, s 9, 10. 21.
  • Letters Patent.
    • Not to dispense with Act, 3 W.&M. c. 2. § 17.
  • Liberties.
    • Church,People} of Ireland, Ord. Fac. pro Hib. 31 E. 3. st. 4. c.1.
  • Linen.
    • Exported,
      • Great Britain, to, Duty free, 7 & 8 W.3. c. 39.—1 Ann. st. 2. c.8. — 16 G.2. c.26. § 6.
      • Plantations, to. 3 & 4 Ann. c.8. — 3 G. 1. c.21. § 2.
    • Foreign Linens, Exportation of, not permitted, 18 G.3. c.55. s3. see 20 G. 3. c. 10. § 6.
    • Scotch Linen,
      • Importation of, condemned, 3 & 4 Ann. c. 8 s5
      • Exportation of (Imported), Bond, &c. ib.
      • Inch of Candle, fold by, s5.
      • Officer conniving, s6.
    • Stamp, Counterfeit,
      • fixing to Linen, 17 G.2. c. 30, § 1.
      • Counterfeiting, ib.
      • Conviction, One Witnefs,|Penalties, how recovered, &c.} s.2
    • Stamping, Mode of, not altered, 18 G. 2. c.24. s5.
  • Lisbon and Portugal.
    • Trade with, granted, 3 R.2. Vol. ii. p. 32.
  • Magna Carta.
    • Imprisonment, &c. not to be contrary to, Ord. Fac. pro Hib. 31 E.3. st. 4. c.16.
  • Maintenance.
    • The King's Officers, &c. not to give Maintenance, Ord. Fac. pro Hib. 31 E.3. st. 4. c.10.
  • Manufactures.
    • Exportation of, to England, 3 E.4. c.4. s3.
  • Marshal.
    • Fee, for a Prisoner, Ord. pro Hib. 17 E.1. c.5.
  • Merchandize.
    • Exporting out of|Imprting Into} Ireland 17 E.1 c.3 - 34 E.3. c.17.
  • Merchants.
    • England,Wales} Merchants carrying their Goods to, 17 E.1 c.3
    • Repairing to Ireland, with their Merchandize, 34 E.3. c. 17.
  • Mining.
    • Liberty of, granted to Persons having Castles, &c. 3 R.2. Vol.ii. p. 32.
  • Newfoundland.
    • Necessaries for Fishing, Exportation of, to Newfoundland, 15 G.3 c.31. s5.
  • New Ross.
    • Coffee, Spiritis, Tea, Wine, Wool} Port for Exportation of, 4&5 Ann. c.7.
  • Oath of Abjuration.
    • Taking, 1 Ann. st. 1. c. 17. § 4, 5.
  • Oath of Allegiance and Supremacy.
    • Femes Covert, not appearing, or refuting to take, 3 W.& M. c.2. § 14.
    • Form of, s8.
    • Justices of Peace, to tender,|Not appearing, or refusing to take, } § 14.
    • Taken, to be, 1 Ann. st. 1. c.32. s20.
  • Oath of Supremacy (Stat. 2 El. (I.) c. 1.)
    • Abrogated, 3 W.&M. c.2. §2.
    • Barristers, &c. to take, § 4. 13.
    • Clergymen, to take, §3.
    • Form of, §8.
    • Juftices of Peace, to adminifter Oath, $ 14.
    • Members of Parliament, to take, § 5. 7. see 39&40 G.3. c.67.
  • Offenders in Ireland.
    • Trial of, where, 31 Car. 2. c.2. § 16.
  • Officers.
    • Annual Inquiry into the Behaviour of Officers, Ord. Fac. pro Hib. 31 E.3. st.4. c. 17.
  • Ordinate pro Statu Terre Hibernie.
    • Stat. 17 E.1. see 31 E.3. st.4.
  • Papists.
    • Forfeited Estates, Papist disabled from purchasing, 1 Ann. st.1. c.32.
    • Leases to Papists, Cottages, Proviso for Quantity of Land with, § 10. 21.
      • Void, in what cases, § 9.
  • Parceners
    • Doing Homage; Stat. Hib. de Cohered. 14 H. 3.
  • Pardons.
    • General Pardons, regulated according to the Statutes made in England, and sent to Ireland, Ord. fac. pro Hib. 31 E.3. st. 4. c.6.
    • Granting, {By the Juftices, &c. of Ireland|Not granted without The King's Command} Ord. pro Hib. 17 E.1 c.6
  • Plantation Goods.
    • Importation of, 7 & 8 W.3. c.22. § 14. — 4 G.2. c. 15.
  • Post Office.
    • England and Waterford, Postage between, 27 G.3. c.9. [see 45 G.3. c. 11. §1.]
  • Practisers of Law and Physic.
    • Practising, before sworn, 3 W. & M. c.2. s13.
  • Process.
    • Exchequer or Great} Seal, to be under, Ord. pro Hib. 17 E.1 c.7.
  • Purveyance.
    • Stat. Ord. pro Hib. 17 E.1. c.2.
  • Quakers.
    • Declaration, appointed for, instead of Oaths, 3W.&M. c.2. § 15.
    • Not to render them capable of Office, § 16,
  • Rights of the Parliament and Courts of Ireland.
    • Recognised, 23 G.3. c.28. s1. see 39 & 40 G.3. c.67. Art.8.
  • Sacrament.
    • In both Kinds, Administered in Ireland, 1 E.6. c.1. § 7.
  • Salted Provisions.
    • Exportation of, 10 G.3. c.2.
  • Sheriff.
    • Exchequer, Accounting in, Ord. Fac. pro Hib. 31 E.3. st.4. c. 14.
  • Ships and Shipping.
    • British built, in what case deemed, 18 G.3. c.55. s9.
    • Hovering on the Coast,
      • Ships of 50 Tons to give Bond for proceeding on Voyage, 6 G.1. c. 21. s62; see 12 G.2. c.22. § 1. — 3 G.3. c.22. § 9.
    • Offences tried in Dublin,|Penalties, how applied,} 3 G.3. c.22. § 9.
    • Stranded, Proviso for, 7 & 8 W.3. c.22. § 15.
  • Silk (Raw).
    • Exporting from Ireland, prohibited, 5 G.3. C.29. s4,5
      • Master of Ship assisting, §5.
  • Spirits.
    • Exportation,
      • Drawback, 5G. 3. c.43. s. 31, 33. [— 46 G.3. c.67. § 2. 5, 6.
      • Entering for, in Ships under 100 Tons, 5 G.3. c.43. § 31, 32
      • Foreign Spirits, Tonnage, 5 G. 3. c.43. § 30 [— 46 G.3. c.87. § 84.]
    • Importation,
      • American Spirits, in Snips under 70 Tons, 12 G.3. c.55. § 5.
      • Ships under 100 Tons from {American Colonies,|Great Britain} 12 G.3. c.55. § 5.
  • Staple.
    • Stat. 27 E.3. st.2. c.1.
  • State of Ireland.
    • Prelates, &c. to certify, Ord. Fac. pro Hib. 31 E. 3. st.4. c.7.
  • Statutum Hibernie de Coheredibus.
    • Stat. 14 H.3.
  • Sugar.
    • British Plantation Sugar, Imported, to be shipped in G. B. 6 G.2. c.13. s4.
    • Importation of,
      • Plantation Sugar, in what case allowed, 6 G.2. c.13. s4
      • Shipped in G. B. to be, 4 G.3. c.15. s19.
  • Suggestions.
    • English Seal, Suggestions against Officers to be under, Ord. Fac. pro Hib. 31 E.3. st.4. c.12.
  • Tea.
    • Importation,
      • Without paying Inland Duty, 21 G.2. c. 14.
  • Tobacco.
    • Exportation,
      • Oath of Exporters, " Ireland" added to, 6 G.1. c.21. §50.
      • Regulations, 19 G.3. c.35. see 39 & 40 G. 3. c.67. Art. 6.
    • Irish Tobacco, Exportation of, 19 G.3. c.35. §2—4.
    • Relanding in Ireland, Tobacco, entered for Foreign Parts; 6 G.1. c.21. §49.
  • Vicarages,
    • Augmentation of Small Vicarages, 1 Ann. st.1. c.31.
  • West Indies.
    • Trade to, from Ireland, 20 G.3. c.10. [see 45 G.3. c.57. § 11.]
  • Wool
    • Seizures of Wool exported, who may claim Property in, 6 G.1. c.21. §65.
  • Wool and Woollen Manufactures.
    • Exportation, 20 G.3. c.6. § 1.
      • England,to,{Bond,Licence,Notice} 10&11 W.3. c.10. s.14. see 20 G.3. c.6. § 1.
  • Woollen Yarn.
    • Exported, Duties taken off, 12 G.2. c.21.
  • Writ of Error.
    • To Courts in England, 23 G.3. c.28. [see 39&40 G.3. c.67. Art.8.]
  • Writs.
    • Pleadable, Process under Great Seal, or Exchequer Seal, Ord. pro Hib. 17 E.1. c.7.

Irish Army

  • Peace Establishment, 10&11 W.3. c.1. — 8 G.3. c.13.

Irishmen

  • Benefices,Ecclesiastical Dignities} in Ireland, not to hold, 8 H.5. c.6.
  • England, Irishmen resident in, compelled to return to resist Irish Enemies and English Rebels in, Ireland 17 E.4. Vol.ii. p.660.
  • Offices in Ireland, having, shall reside thereon, 1 H.5. c.8. — 1 H.6. c.3.
  • Principals of Halls, &c* in Universities, not to be, 1 H.6. c.3.
  • Scholars in Universities {Sureties, to find,|Testimonials, to bring} 1 H.6. c.3 — 2 H.6. c.8.
  • To avoid the Realm 1 H.5. c.8. — 1 H.6. c.3. — 17 E. 4. Vol. ii. p. 660.

References

[edit]
  1. ^ 1 & 2 Geo 4 c. 24
  2. ^ 17 & 18 Vict. c. 26
  3. ^ Clancy, John J. (John Joseph) (1899). "Local Government (Ireland) Act 1898 Schedule 4". A handbook of local government in Ireland : containing an explanatory introduction to the Local Government (Ireland) Act, 1898 : together with the text of the act, the orders in Council, and the rules made thereunder relating to county council, rural district council, and guardian's elections : with an index. Dublin: Sealy, Bryers and Walker. pp. 188–189. Retrieved 22 June 2020.
  4. ^ Ware, James; Harris, Walter (1745). The Whole Works Concerning Ireland (Revised and Improved ed.). Jones. Retrieved 28 February 2020.
  5. ^ Mooney, Kieran (21 January 2016). "The Statute Law Revision Project and Statute Law Revision in Ireland 2003 to 2015". Statute Law Review: 85–86. doi:10.1093/slr/hmv042.
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