appointed to this great employment and intrufted with fuch extraordinary power, refolved to depute perfons whofe attachment he could confide in, and who were not poffeffed of any eftates in Ireland, and accordingly we find that from the reign of Edward III. natives of England are generally appointed to the government of Ireland, which was not approved of by fome of the Irifh lords at that period, who looked upon themselves as injured by the antient practice not being continued. This difcontent was farther inflamed by an extraordinary ftep, which Edward III. was prevailed upon to take, and which firft gave rise to that famous diftinction between the English by blood and the English by birth. This king and his father Edward II. had granted great eftates and extenfive jurifdiction to many Irish lords of English blood, for fervices which had been done, fome of which the king alleged were obtained by misreprefentation: had he contented himself with proceeding in a legal courfe, by calling thefe patents in by Scire Facias, and vacating them upon proof of any deceit, _no perfon could have complained; but Edward II. took a method quite different, as appears from the following writ which he thought proper to iffue on that occafion.

Quia plures exceffive donationes terrarum, tenementorum & libertatum, in terra Hiberniæ, ad minus veracem & fubdolam fuggef

tionem

tionem petentium, tam Edward II. quam per regem nunc factæ funt, rex deluforias bujufmodi machinationes volens elidere, de concilio peritorum fibi affiftentium, omnes donationes terrarum, tenementorum & libertatum pradictarum duxit revocandus, quoufque de meritis perfonarum, de caufis & conditionibus donationum prædictarum fuerit informatus, &ideo, mandatum eft jufticiariis regni Hibernia, quod omnia terras tenementa & libertates prædicta per dictos regis jufticiarios aut locum tenentes fuos quibufcunque perfonis facta fcire facias. This hafty ftep alienated the English Irish from the king and his advifers, and though after a conteft of eleven years, the king annulled this presumption, the jealoufy continued on both sides, and the Irish of English blood, where judged to be too ready to follow a pretender to the crown of England; for it appears that Richard, duke of York, was in the reign of Henry VI. conftituted governor of Ireland for ten years, with power to farm the king's lands, to place and difplace officers and levy foldiers at his pleasure. The use the duke made of his commiflion was to ftrengthen his party, and make Ireland an asylum for fuch of them as fhould be oppreffed in England, and for this end paffed an act of parliament, reciting a prefcription, that any perfon for any caufe coming into the faid land fhould receive fuccour, fupport, and free liberty during their abiding there, with

out

out any grievance, hurt or moleftation of any perfon, notwithstanding any writ, privy feal, great feal, letters miflive under fignet, or other commandment of king Henry VI. confirming the faid prescription, and making it high treafon in any perfon who should bring in fuch writs, &c, to attach or disturb any fuch perfon. The duke's popularity was greatly encreased by this act, and his having a great estate in this kingdom, the English Irish were firmly attached to his family, infomuch that they crowned the impoftor Lambert Simnel, in the reign of Henry VII. and were afterwards ready to join Perkin Warbeck; and by this act of the duke of York's they thought to exculpate themselves. Henry VII. taking advantage of their fituation, and overcoming great oppofition, refolved to have that act repealed, and to de&prive his chief governor of Ireland from paffing laws there rege inconfulto, but also to make fuch a change in the legislature, as would throw the principal weight into his and his fucceffors hands; and this was by E the famous law of Poynings. By former laws the parliament was to be holden once a year, and the lords and commons as in England were the propofers of any law judged neceffary. The principal purpose of Poynings law, at firft view, feeming to be intended to restrain the calling of parliament, except on fuch occafions as the lord lieutenant and council fhould fee fome good

caufes

caufes for, that should be approved by the king. The words are thefe, that From "the next parliament that fhall be holden

66

by the king's commandment and licence, 66 no parliament be holden hereafter in the "faid land, but at fuch feafon as the king's "lieutenant and council there firft do cer"tify the king, under the great feal of "that land, the caufes and confiderations "of all fuch acts as to them feemeth "fhould pafs in the fame parliament; and "fuch caufes, confiderations, and acts, "affirmed by the king and his council to "be good and expedient for that land, "and his licence thereupon, as well in "affirmation of the faid caufes and acts, as 66 to fummon the faid parliament under his great feal of England had and obtained; "that done, a parliament to be had and "holden after the form and effect before "rehearsed, and any parliament to be holden contrary, to be deemed void.”

66

The law of Poynings in its first effects were, that it repealed the law for annual parliaments, and made the lord lieutenant and council, or the king who had the naming of them, with his council of England, the proposer to the two houfes of lords and commons of Ireland of the laws to pass in Ireland, at leaft of thofe that should be fo devised before the meeting of parliament; fo that no heads of a bill fhould pass into a law before it was certified to Great Britain.

But

But there was a doubt, as no exprefs words were contained therein depriving the lords and commons of their former rights by this act, whether when the parliament was met, they had not ftill the old right of beginning other bills, or whether they were not reftrained to the acts fo certified and returned; the latter opinion fupported by the minifters of the king and his lawyers, however gained ground. For, in the 28th of Henry VIII. an act was made fufpending Poyning's law, with refpect to all acts already paffed, or to be paffed in that parliament; the paffing of which act was undoubtedly a confirmation of what was before not clearly ascertained against the house of lords or commons in Ireland, whether they could and had a right of bringing in bills different from those tranfmitted by the council, fince here they both confented to the fufpenfion of the act, to make valid the laws without that previous ceremony, which they had paffed or should pafs in that parliament.

Poyning's law being at that time in many refpects doubtful, yet it was judged neceffary in the reign of Philip and Mary, to be maintained and ftrengthened as it added power to the crown, by an act made in their reign. The act we at prefent live under, was made to prevent all doubts in the former acts, which was framed in words calculated to remove fuch doubts as had arifen and appeared to be extended in favour of

the