Note 282 — Chapter VIII

See Finglas's Breviate. 23 Hen. VI. cap. 9: Irish Statute Book. 28 Hen. VIII. cap. 3: Ibid. It seems in many cases to have been the result of accident, Irish lands descending to heiresses who married into English families. In other instances, forfeited estates were granted by the crown to English favourites. The receiving rents, however, even though by unwilling absentees, was treated as a crime by Henry VIII.; and English noblemen, to whom estates in Ireland had fallen, either by marriage or descent, on which they were unable to reside, were expected to grant such estates to other persons who were able to reside upon them, and willing. The wording of the Act of Absentees, passed in 1536, is very remarkable. "Forasmuch as it is notorious and manifest that this the king's land of Ireland, heretofore being inhabited, and in due obedience and subjection unto the king's most noble progenitors, hath principally grown unto ruin, dissolution, rebellion, and decay, by occasion that great dominions, lands, and possessions within the same, as well by the king's grants as by course of inheritance and otherwise have descended to noblemen of the realm of England, who having the same, demouring within the said realm of England ... taking the profits of their said lands and possessions for a season, without provision making for any defence or keeping thereof in good order ... in their absence, and by their negligence have suffered the wild Irishrie, being mortal and natural enemies to the Kings of England, to enter and hold the same without resistance; the conquest and winning whereof in the beginning not only cost the king's noble progenitors charges inestimable, but also those to whom the land was given, then and many years after abiding within the said land, nobly and valiantly defended the same, and kept such tranquillity and good order, as the Kings of England had due subjection of the inhabitants thereof, and the laws were obeyed ... and after the gift or descent of the lands to the persons aforesaid, they and their heirs absented themselves out of the said land of Ireland, not pondering nor regarding the preservation thereof ... the King's Majesty that now is, intending the reformation of the said land, to foresee that the like shall not ensue hereafter, with the consent of his parliament," pronounces FORFEITED the estates of all absentee proprietors, and their right and title gone.