English Interference with Irish IndustriesMacNeill, J. G. Swift (John Gordon Swift)
History
English Interference with Irish Industries
MacNeill, J. G. Swift (John Gordon Swift)
Ireland -- Economic conditions; Law -- Ireland
Till the reign of Charles II., England placed no restriction on
Irish commerce or manufactures. "Before the Restoration," says Lord
North, in the British House of Commons, "they (the Irish) enjoyed
every commercial advantage and benefit in common with England."[20]
"Ireland," writes Hely Hutchinson, "was in possession of the English
common law and of Magna Charta. The former secures the subject in
the enjoyment of property of every kind, and by the latter _the
liberties of all the ports of the Kingdom are established_."[21]
"Our trade," says Mr. Gardiner in the Irish House of Commons, "was
guaranteed by Magna Charta, our exports acknowledged by that venerable
statute--no treaty was made in which we were not nominally or virtually
included."[22] By one of the provisions of Poynings' Law, passed in
1495, all statutes hitherto in force in England were extended to
Ireland. Before that enactment, however, Ireland is expressly mentioned
in several English commercial statutes, in which clauses are inserted
for the protection of her trade.[23] "At this period (1495)," says Hely
Hutchinson, "the English commercial system and the Irish, so far as it
depended on English statute law, was the same; and before this period,
so far as it depended on the common law and Magna Charta, was also the
same. From that time till the 15th of King Charles II., which takes in
a period of 167 years, the commercial constitution of Ireland was as
much favoured and protected as that of England."[24]
The first Navigation Act of 1660 put England and Ireland on exact
terms of equality.[25] This community of rights was emphasised by an
Act of the following year, which provided that foreign-built ships
should not have the privilege of ships belonging to England and
Ireland.[26] "But," as Mr. Froude observes, "the equality of privilege
lasted only till the conclusion of the settlement and till the revenue
had been assigned to the Crown."[27] In the amended Navigation Act of
1663, Ireland was left out. Lord North, on December 13, 1779, when
Prime Minister of England, in introducing a bill to abrogate some of
the restrictions on Irish trade, thus described the Act of 1663: "The
first commercial restriction was laid on Ireland not directly, but by a
side-wind and by deductive interpretation. When the Act (the Navigation
Act of 1660) first passed there was a general governing clause for
giving bonds to perform the conditions of the Act; but when the Act was
amended in the 15 Car. II. the word 'Ireland' was omitted, whence a
conclusion was drawn that the Acts of the two preceding Parliaments, 12
& 13 and 14 Car. II., were thereby repealed, though it was as clearly
expressed in those Acts as it was possible for words to convey, that
ships built in Ireland, navigated with the people thereof, were deemed
British, and qualified to trade to and from British Plantations, and
that ships built in Ireland and navigated with his Majesty's subjects
Public-domain text, read in full here on John Shaqi.
English Interference with Irish Industries — John Shaqi
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