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
The legal correctness of this regard for Poyning’s Act disappeared in the
course of three years’ preparation for the new assembly. The Parliament
met in 1569 to find the Commons packed with strangers, contrary to the
renewed law which had been won from Henry VIII. in 1542 against the
practice. The gentry of the Pale and the Dublin burgesses protested in
vain against the return of strangers for boroughs which they had never
even seen: “the more words the more choler.” Elizabeth’s vast schemes of
confiscation and breaking up of the old Irish society were met with
hostility. Under pressure of the Deputy, therefore, a second session was
held to pass a single bill, the “Repeal of Poyning’s Act”; on the plea
that grievous sores known to the high court in Ireland could not be
reformed as not having been certified to the Queen. This bill was bitterly
opposed: “so jealous were they that they would not in long time enter into
the consideration thereof.” The remonstrants did in fact force some
concessions; that provisions made by the present Parliament for the common
weal, the augmentation of the Queen’s revenues, and the assurance to her
of lands and profits, which were certified under the Great Seal of
Ireland, and returned to Ireland under the Great Seal of England, should
first be publicly proclaimed in six cities, and only after these
proclamations should pass into law, “Poyning’s Act notwithstanding.”
The way was now clear, and the next session brought the attainder of Shane
O’Neill and the tremendous confiscation of Tyrone and other lands in
Ulster. A beginning was made of Munster confiscations. The Deputy was to
appoint English-speaking clergy to all ecclesiastical dignities in
Munster. Other Acts ordered all Ireland to be reduced to shire land; and
abolished all Irish and Anglo-Norman chieftaincies or “captainships”
except by special patent (thus depriving the chiefs of the benefit of
their indentures), under penalty of death without benefit of clergy, as
the law was drafted in England; the Parliament substituted a fine and
passed the decree with great opposition, for “the matter misliked them
more than the pain.” The Queen herself sent letters ordering Parliament to
pass a heavy impost which must ruin the Irish wine trade, in which matter
“they showed themselves so unquiet that they were more like a bear-baiting
of disordered persons than a Parliament of wise and grave men.” Taught by
experience, the Parliament now insisted on a law to limit the repeal of
Poyning’s Act, in which they explained their reasons for objecting to any
repeal at any time. Before that Act, they said, when liberty was given to
the governors to call Parliament at their pleasure, “Acts passed as well
to the dishonour of the Prince, as to the hindrance of their subjects, the
remembrance whereof would indeed have stayed us from condescending to the
repeal of the said statute,” save for their persuasion that Sydney through
Public-domain text, read in full here on John Shaqi.
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