seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA

Enactment of Poyning’s Law

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poynings-law-enactedPoynings’ Law, also known as the Statute of Drogheda, an Act of the Parliament of Ireland which provides that the parliament cannot meet until its proposed legislation has been approved by both Ireland’s Lord Deputy and Privy Council and by England’s monarch and Privy Council, is enacted on December 1, 1494.

Poynings’ Parliament is called by Sir Edward Poynings in his capacity as Lord Deputy of Ireland, appointed by King Henry VII of England in his capacity as Lord of Ireland. Coming in the aftermath of the divisive Wars of the Roses, Poynings’ intention is to make Ireland once again obedient to the English monarchy. Assembling the Parliament on December 1, 1494, he declares that the Parliament of Ireland is thereafter to be placed under the authority of the Parliament of England. This marks the beginning of Tudor direct rule in Ireland, although Henry VII is still forced to rely on Old English nobles (such as Gerald FitzGerald, 8th Earl of Kildare, despite his support for Lambert Simnel) as his deputies in Ireland through the intervening years.

The working of Poynings’ Law takes place in several steps. The first step is for the lieutenant governor and the Irish council, or Irish executive, to decide that a parliament is needed, usually for the purpose of raising funds. At this point the council and lieutenant write drafts of legislation to be proposed to the king and his council. After this has been completed, the lieutenant and council, according to the act, are required to certify the request for parliament “under the great seal of that land [Ireland],” and then forward it to England for approval. Once the request arrives in England, it is reviewed by the King and his council, and a formal licence approving the request for parliament and the draft bills are returned to Ireland. Once the licence is received in Ireland, the governor summons parliament and the bills are passed.

The two important aspects of the procedure presented by Poynings’ Law are transmission and certification. Both of these requirements place limits on various parties within the law making process in Ireland. The combination of these processes create a situation where bills can be sent, along with the request for parliament, and the king can amend and remove such bills as he wishes, however he cannot add new bills himself.

Furthermore, the two processes make it impossible for the Irish to add more bills or amendments to a request, after the initial licence request has been granted. This means that any additional bills or amendments that they wish to pass in parliament have to be re-sent along with an entirely new request for parliament. Clearly this creates severe inefficiencies in the legislative process, and thus gives the executive in Ireland as well as the Crown an interest in relaxing procedure.

Poynings’ Law is a major rallying point for later groups seeking self-government for Ireland, particularly the Confederate Catholics in the 1640s and Henry Grattan‘s Patriot Party in the late 18th century, who consistently seek a repeal of Poynings’ Law. The Act remains in place until the Constitution of 1782 gives the Irish parliament legislative independence. The Acts of Union 1800 render most of the Constitution of 1782 and Poynings’ Law moot. Poynings’ Law is formally repealed as obsolete by the Statute Law Revision (Ireland) Act 1878.

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