[Footnote 13: It was not intended that Poyning's act should interfere
with the liberty of the people, but it is undoubted that advantage was
taken of this law, and an interpretation put on it far different from
the intention that brought it on the statute books. It was passed by a
parliament convened by Sir Edward Poyning, at Drogheda, in the tenth
year of Henry VII.'s reign. Its immediate cause was the invasion of
Perkin Warbeck. That pretender assumed royal authority in Ireland and
had several statutes passed during his short-lived term of power. To
prevent any viceroy from arrogating to himself the powers of law-making
it was enacted by Poyning's parliament:
"That no parliament be holden hereafter in Ireland, but at such season
as the King's lieutenant and counsaile there first do certifie the King,
under the Great Seal of that land, the causes and considerations, and
all such acts as them seemeth should pass in the same parliament, and
such causes, considerations, and acts affirmed by the King and his
counsaile to be good and expedient for that land, and his licence
thereupon, as well in affirmation of the said causes and acts, as to
summon the said parliament, under his Great Seal of England had and
obtained; that done, a parliament to be had and holden as afore
rehearsed" ("Irish Statutes," vol. i., p. 44).
Two statutes, one, the Act of 3 and 4 Phil., and Mary, cap. 4, and the
other of II Eliz. Ses. 3, cap. 8, explain this act further, and the
latter points out the reason for the original enactment, namely, that
"before this statute, when liberty was given to the governors to call
parliaments at their pleasure, acts passed as well to the dishonour of
the prince, as to the hindrance of their subjects" ("Irish Statutes,"
vol. i., p. 346).
"By Poyning's Law," says Lecky, "a great part of the independence of
the Irish Parliament had indeed been surrendered; but even the servile
Parliament which passed it, though extending by its own authority to
Ireland laws previously enacted in England, never admitted the right of
the English Parliament to make laws for Ireland." ("Hist. Ireland," vol.
ii., p. 154; 1892 ed). [T.S.]]
The Report farther asserts, that "the precedents are many, wherein cases
of great importance to Ireland, and that immediately affected the
interests of that kingdom, warrants, orders, and directions by the
authority of the King and his predecessors, have been issued under the
royal sign manual, without any previous reference or advice of His
Majesty's officers of Ireland, which have always had their due force,
and have been punctually complied with, and obeyed." It may be so, and I
am heartily sorry for it, because it may prove an eternal source of
discontent. However among all these precedents there is not one of a
patent for coining money for Ireland.
Public-domain text, read in full here on John Shaqi.
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