the original enrolments. Sir Francis has published so extensively on the baronial and corporate history of England, that it is a matter of equal regret and surprise none but a few unconnected or scattered records respecting Ireland appear in his works. This, however, may rather be attributable to the Record Board under which these publications are produced. From the works of WILLIAM PRYNNE, and other ancient documentary compilers of the same class, collections were made for this work: the "DESIDERATA CURIOSA HIBERNICA" also of Mr. Lodge, afforded valuable materials, as did other publications of that description. The writings of the author's friend, BUTLER BRYAN, Esq. Barrister at Law, abundant as they are in wise views and patriotic principles, were not left untouched. But, as every writer must hereafter do when treating of the legal, parliamentary, baronial, or corporate history of Ireland, the author was obliged to take largely from the mass of original evidences which are to be found in the "VIEW OF THE LEGAL INSTITUTIONS, HONORARY HEREDITARY OFFICES, AND FEUDAL BARONIES INTRODUCED INTO IRELAND," and in the "LAW OF ELECTION IN THE ANCIENT CITIES AND TOWNS OF IRELAND," by WILLIAM LYNCH, Esq. F.S. A. To his friendship in other respects also this work owes much, for no sooner were the objects of the work made known, than he gave the most unlimited access to his extensive manuscript collections from the original : Records to these manuscripts the reader is indebted for the several original cases and decisions which are to be found in this volume; and owing to the absence of ancient reports of law cases heretofore in Ireland, these decisions are now for the first time laid open to the public. The author, hence, is fully aware of the obligations in which he is held to this gentleman, who has done at least as much in several branches of ancient learning (and particularly the legal history of lay and ecclesiastical dignities) for Ireland, as even SELDEN effected by his writings on similar subjects relating to England. CONTENTS. CHAPTER I. Origin of Corporations in Ireland,-fixed between 1170 and 1189.-Privileged places,-originated in acts of the Crown, of prelates, or of lords of liberties.-Nature and extent of the liberties originally granted-also granted before the year 1300, -others granted between 1300 and the year 1500.-To whom granted, heirs or successors..—All such privileges only during residency or occupancy-burgage tenure and landgable reserved. Subtenants ordered by Charter to partake of the Liberties.-Ordinances.-No corporate privileges but to those occupying holdings, and couchant and levant, and at scot and lot with resident burgesses-these qualifications and right exemplified by many proofs, particularly by statutory enactments of the fifteenth century-by royal orders and instruments in the State-Paper Office at the Restoration—and also by the right of election, which is still preserved in many places. Page 25 CHAPTER II. Changes in the original and constitutional principles of Corporations. Charters of Naas, Carlingford, Maryborough, &c. -Robert Colley, Borough-master of Phillipstown. — King James I. and his persecution of the ancient Corporations.— Illegal proceedings of Lord Mountjoy. - Brutality of the Military Presidents.-Sir John Davis-his suppression of the Revenue Laws.-Recorders.-King James's new BoroughsKing Charles I. and his conduct to the Corporations.-Conspiracy of Lords Ormond and Orrery to spoliate the people of Ireland.-King's Letters and Reports of Lords Lieutenant, that the right of the ancient Corporations existed in the reign of Charles II.—not taken away by Statute.-New Rules— power of dispensing with the Oath-penal Acts of Queen Anne.-Act of 1793.-Conduct of Lords Lieutenant and Se- cretaries as to the People of Ireland.-Parliamentary Sale of Estates attached to Corporations-conveyed to them by grant-Instances of such.-Commons and rights of pasture, and of turbary, &c. expressly conveyed by charter — from earliest period empowered to acquire.-Statute of Mortmain.- In the seventeenth century Corporations generally throughout the kingdom had such estates-in every parish also was a common or waste tract.-The Down survey, its evidence in Town estates of Leighlin, Clonmel, Rathcool, Lusk, Dundalk, Carlingford, &c.-Such property always held to be eleemosynary, or such as title to could not be acquired by length of adverse possession.-Cases decided in the reign of Elizabeth.-Case of Cashel-Case of Fethart.-The royal com- mission of King James the First in 1622, to inquire after all alienations with a view to their recovery-in the Charters such estates are classed with those appropriated to the public works, poor schools, and hospitals of the towns-the whole to be re- covered and restored forthwith.-Statute of Limitations for Ireland, anecdote of.-Extraordinary case of spoliated corpo- violation of statute law.-Seven modern Acts of Parliament converted into dead letter by the corrupt influence of Corpo. rations.—The validity of Corporate titles as to Tolls and Cus- toms examined.-Title by prescription-title by express grant -observations on, and the difficulty of establishing a right by either-absurdities of title to toll by prescription.-Prices.- All grants of tolls were made by the crown in trust for specified public purposes, and for none other-collectors thereof always accountable to the crown for due application of the surplus pay- able to revenue, &c.-series of decisions and records to esta- blish same.-Tolls and Customs by prescription, or by express grant, not equal to the expenses of collection-public purposes for which originally granted, now otherwise provided for by recent statutes—therefore the pretensions for their collection being at an end, it is proposed that all tolls and customs be for Corporation estates and liberties from the earliest period under positive control of the King and Parliament—a chain of remarkable proofs through a succession of ages. — Dr. Lucas on the revolution in corporate rights effected by the Act of Explanation.-Statute of 1793 and perfidy of the exe- cutive.-Corporate Reform Act passed in 1828.-King James the First's exclusive charters and his English Judges.-Proofs of reform silently effected by corporations.-Royal absurdities. -Lords of Belfast Castle to elect corporators, and who are the heirs?-Corporations extinguishable if not reformed.—A cura- tive Act of reform necessary, pardoning the large sums due by individuals as penalties, &c.-Possible proceedings by scire facias and quo warranto.-Corporations defunct for municipal purposes.-Corporate Acts in certain places null and void.— Propriety of general restoration and extension of Corporate |