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
This Pale, about twenty miles broad and sixty miles long, was almost as
narrow and quite as lawless as the Welsh Marches or the Scottish Borders;
and it was the nursery of the English-seedling-parliament in Ireland. A
sort of parliament containing knights from a dozen shires had been
summoned in 1295; boroughs appear to have been represented first in 1310.
It was only designed to supply the financial needs of an English
Government, and give statutory form to the edicts of Dublin Castle; and
the statutes of Kilkenny (1367), which penalised everything Irish, were
merely striking examples of the ferocity and the futility of its customary
legislation. Nevertheless, it began to strike feeble roots in Irish soil,
and when, in 1374, Edward III.’s deputy directed the clergy and laity of
the Pale to send their representatives to Westminster, their constituents,
while obeying, instructed them to reject all financial demands upon
Ireland made at St. Stephen’s. Demands made at Dublin were not, however,
much more fruitful, and for thirty years in the fifteenth century only one
Irish Parliament met. Spasmodic efforts by sovereigns and royal princes
like Richard II., Lionel and Thomas (Dukes of Clarence), and Richard (Duke
of York,) alternated with longer periods, during which the Crown abandoned
the government to the greatest chieftain in the Pale, and made believe
that the power he wielded was due to his royal commission. Richard of
York, indeed, established a reputation for vigorous rule which won him the
support of the Parliament of the Pale in his assertion of an independent
kingship in Ireland after his defeat in England in 1459; and the
Anglo-Irish, either out of gratitude to him or of spite to the Tudors,
afterwards discovered Yorkist features in every pretender to Henry VII.’s
throne. Their favour to Lambert Simnel and Perkin Warbeck precipitated
Poynings’ laws.
These famous enactments were aimed at Dublin Castle rather than at the
Dublin parliament. The Crown had always controlled Irish legislation, but
the control had been exercised through a deputy, who was often more
powerful in Ireland than the Crown; this independence was to cease, and
the control of Irish legislation was transferred from the Irish deputy to
the English Privy Council. No Parliament was to be summoned in the Pale
without the consent, and no legislation introduced without the approval,
of that body. Acts previously passed by the English Parliament were
declared in force in Ireland, and in practice the English Parliament
proceeded to legislate for, though not to tax, Ireland without the
concurrence of its Parliament. Poynings also attempted to conquer the
native Irish, and to rule the Pale according to English ways; but the
expense proved greater than Henry VII. could bear, and, with the bit of
Poynings’ laws in his mouth, the Earl of Kildare was sent back to govern
the Pale in the time-honoured fashion.
Public-domain text, read in full here on John Shaqi.
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