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


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Enactment of Poyning’s Law

poynings-law-enacted

Poynings’ 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 creates 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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The Acts of Union 1800

On January 1, 1801, the Acts of Union 1800 goes into effect uniting the Kingdom of Great Britain and the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland. The Acts of Union 1800 consists of two acts with the same long title, An Act for the Union of Great Britain and Ireland. Both are passed in 1800.

Before these Acts, Ireland had been in personal union with England since 1541, when the Parliament of Ireland had passed the Crown of Ireland Act 1542 proclaiming King Henry VIII of England to be King of Ireland. Both Ireland and England had come in personal union with Scotland with the Union of the Crowns in 1603.

In 1707, the Kingdom of England and the Kingdom of Scotland were united into a single kingdom named the Kingdom of Great Britain. The Irish parliament at that time was subject to a number of restrictions that placed it subservient to the Parliament of England and, following the union of England and Scotland, the Parliament of Great Britain.

In the century that followed the union of England and Scotland, Ireland gained effective legislative independence from Great Britain through the Constitution of 1782. However, access to institutional power in Ireland was restricted to a small minority, the so-called Anglo-Irish of the Protestant Ascendancy. Frustration at the lack of reform eventually led to a rebellion in 1798, involving a French invasion of Ireland and seeking complete independence from Great Britain. The rebellion was crushed with much bloodshed and the subsequent drive for union between Great Britain and Ireland that passed in 1800 was motivated at least in part by the belief that the rebellion was caused as much by loyalist brutality as by the United Irishmen.

Each Act had to be passed in the Parliament of Great Britain and the Parliament of Ireland. The final passage of the Act in the Irish Parliament was achieved with substantial majorities, achieved in part according to contemporary documents through bribery, namely the awarding of peerages and honours to critics to get their votes.

Both Acts, though since amended, still remain in force in the United Kingdom but have been repealed in the Republic of Ireland.