The Commercial Restraints of Ireland

by John Hely-Hutchinson

It would be presumption in a private man to decide on the weight of those arguments; but to select and arrange facts that lie dispersed in journals and books of Statutes in both kingdoms, and to make observations on those facts with caution and respect, can never give offence to those who inquire for the purpose of relieving a distressed nation and of promoting the general welfare. In that confidence I beg leave to place this subject in a different view, and to request that it may be considered what the commercial system of this kingdom was at the time of passing this law of 1699, and whether it was, in this respect, reasonable or just that such a regulation should have been then made? The great object which the Lords and Commons of Great Britain have determined to investigate led to such a discussion; determined as they are to pursue effectual methods “for promoting the common strength, wealth, and commerce of both kingdoms.” What better guides can they follow than the examples of their ancestors and the means used by them for many centuries, and in the happiest times, for attaining the same great purposes.

In my opinion it would be improper, in the present state of the British Empire, to agitate disputed questions that may inflame the passions of men. May no such questions ever arise between two affectionate sister kingdoms. It is my purpose only to state acknowledged facts, which never have been contested, and from those facts to lay before you the commercial system of Ireland before the year 1699.

For several centuries before this period Ireland was in possession of the English Common law[356] 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.

The Statutes made in England for the common and public weal are,[357] by an Irish Act of the 10th of Henry VII., made laws in Ireland; and the English Commercial Statutes, in which Ireland is expressly mentioned, will place the former state of commerce in this country in a light very different from that in which it has been generally considered in Great Britain.

By the 17th of Edward III., ch. 1, all sorts of merchandises may be exported from Ireland, except to the King’s enemies.

By the 27th of Edward III., ch. 18, merchants of Ireland and Wales may bring their merchandise to the staple of England; and by the 34th of the same king, ch. 17, all kinds of merchandises may be exported from and imported into Ireland, as well by aliens as denizens. In the same year there is another Statute, ch. 18, that all persons who have lands or possessions in Ireland might freely import thither and export from that kingdom their own commodities; and by the 50th of Edward III., ch. 8, no alnage is to be paid, if frieze ware, which are made in Ireland.

This freedom of commerce was beneficial to both countries. It enabled Ireland to be very serviceable to Edward III., as it had been to his father and grandfather, in supplying numbers of armed vessels for transporting their great lords and their attendants and troops[358] to Scotland and also to Portsmouth for his French wars.

But the reign of Edward IV. furnishes still stronger instances of the regard shown by England to the trade and manufactures of this country.

In the third year of that monarch’s reign the artificers of England complained to parliament that they were greatly impoverished, and could not live by bringing in divers commodities and wares ready wrought.[359] An Act passed reciting those complaints, and ordaining that no merchant born a subject of the king, denisen or stranger, or other person, should bring into England or Wales any woollen cloths, &c., and enumerates many other manufactures on pain of forfeiture, provided that all wares and “chaffers” made and wrought in Ireland or Wales may be brought in and sold in the realm of England, as they were wont before the making of that Act.[360]

In the next year another Act[361] passed in that kingdom, that all woollen cloth brought into England, and set to sale, should be forfeited, except cloths made in Wales or Ireland.