The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
So much for the passing of the Act with “no difficulty.” How it was
intended to work by Henry VII. we cannot tell, but the violent methods of
later Tudor sovereigns respected no barriers. Whenever Poyning’s Act stood
in their way, the first remedy was an Act for its “repeal”—that is, an
“exposition” how it was to be understood, or an enactment that all
statutes of that Parliament were valid, “notwithstanding Poyning’s Act.”
No Tudor ever proposed to “repeal” that part of the statute which limited
the freedom of Parliament: but only to abrogate the formalities which
interfered with his own direct method of government. The Dublin
Parliament, for its part, clearly saw that if the Act gave a tremendous
power to the Crown, it yet held provisions which were a protection, so far
as they went, from arbitrary tyranny. The preparing, before a Parliament
could be called, of Acts to which the Seal of Ireland had to be affixed
before they went to receive the Seal of England, assured some discussion
in Ireland, some degree of publicity, and some hindrance to unexpected
laws sprung upon it by a foreign and uncontrolled Executive, and rushed
through by a packed majority. Parliament, in fact, held that law and
recognised order were safeguards to liberty; and its battle in Dublin was
for the security of law, even of Poyning’s Law, against the mere will of
the King and his ministers: a motive neither trivial nor irrational.
The first conflict arose with the Parliament of 1536-7, which was called
to establish what we may call the Protestant succession, to declare Henry
head of the Church, to order the suppression of abbeys, and to decree vast
confiscations in Leinster to the King’s benefit (in many cases estates of
members of the Parliament), with the purpose of new “Plantation.” It was
not likely that such laws would be peaceably drawn up in Dublin and
offered to Henry in the form he preferred. On the first day of its
session, May 1st, 1536, therefore, the “repeal of Poyning’s Act” was
ordered—that is, to declare it void for that Parliament. The experiment
was new and untried, and the Houses obeyed. By the “repeal” Henry and
Cromwell were set free from every restriction. They could send over new
and unforeseen bills, neither known nor discussed in Ireland, without
agreement with the Irish Council, at any time before or after Parliament
opened, and could alter bills during the session as they chose. Every
shred of protection to the framing of bills in Ireland, or their
discussion there, disappeared. The usurped powers were used to the
uttermost. In seventeen days ten Acts had passed the Commons. Cromwell
wrote to delay the Act for the Succession if it was still in an incomplete
stage, probably for some changes. The King wrote to desire an astounding
Act to confer on himself all the land in Ireland. But resistance had
already begun. Parliament had attempted to protect the country by
providing in their Repealing Act that a number of matters should be
Public-domain text, read in full here on John Shaqi.
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