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Topic: Poynings Law


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 [No title]
And the many diversities, subsisting between the two laws at present, may be well enough accounted for, from a diversity of practice in two large and uncommunicating jurisdictions, and from the acts of two distinct and independent parliaments, which have in many points altered and abrogated the old common law of both kingdoms.
That the municipal laws of Scotland are ordained to be still observed in that part of the island, unless altered by parliament; and, as the parliament has not yet thought proper, except in a few instances, to alter them, they still (with regard to the particulars unaltered) continue in full force.
And with regard to Poynings' law in particular, it cannot be repealed or suspended, unless the bill for that purpose, before it be certified to England, be approved by both the houses.
gunshowonthenet.com /BOOKS/BlackCommTucker/CommTuckerV1P4.html   (7265 words)

  
  Poyning's Law - Wikipedia, the free encyclopedia
Poyning's Law refers to Sir Edward Poyning's declaration to the Irish Parliament at Drogheda in 1494.
Thus, all matters of legislation and law passed by the Irish legislature would have to be approved first by the King of England, his council, the English Parliament, as well as the Executive Council in Dublin, before gaining approval.
Poyning's Law was a major rallying point for groups seeking self government for Ireland, particularly the Confederate Catholics in the 1640s.
en.wikipedia.org /wiki/Poyning's_Law   (320 words)

  
 TREASON - LoveToKnow Article on TREASON   (Site not responding. Last check: 2007-10-25)
law treason was not bailable (except by the kings bench) nor clergyable, could not be cleared by sanctuary, and did not admit of accessories before or after the fact, for all were principals, nor could a married woman plead coercion by her husband.
The punishment of treason at common law was barbarous in the extreme.1 The sentence in the case of a man was that the Punish- offender be drawn on a hurdle to the place of execumeat.
At common law and under the Great Charter a peer, and, by an act of i442, a peeress in right of her husband, are triable for treason before the House of Lords, or, when parliament is not sitting, in the court of the lord high steward.
15.1911encyclopedia.org /T/TR/TREASON.htm   (7559 words)

  
 Poynings' Law (1485-1494)
Poynings' first act was to lead an expedition to the north against O'Hanlon and Magennis, who had given shelter to some of the supporters of Warbeck.
In this parliament the earl of Kildare was attainted for high treason, mainly on account of his supposed conspiracy with O'Hanlon to destroy the deputy; in consequence of which he was soon afterwards arrested and sent a prisoner to England.
But when at a later period English law was made to extend over the whole country, and the Irish parliament made laws for all the people of Ireland, then Poynings' law which still remained in force was felt by the people of Ireland to be one of their greatest grievances.
www.libraryireland.com /JoyceHistory/Poyning.php   (1084 words)

  
 Probert Encyclopaedia: General Information (Po-Pq)   (Site not responding. Last check: 2007-10-25)
The scam is in the deliberate deception of the victim who is led to believe that the other player is not quite such a good player as they are, as distinct from an honest game in which the professional will invite a wager and play to win the wager.
The poor laws were an act of parliament between 1562 and 1601 which gave local authorities the responsibility for settling and supporting the poor in England.
Poynings' Law (the statute of Drogheda) was an act of the Irish parliament, passed in 1495, whereby all general statutes before that time in England were declared of force in Ireland.
www.probertencyclopaedia.com /A84.HTM   (1197 words)

  
 Blackstone:Commentaries: Book I Part I Section IV
And the many diversities, subsisting between the two laws at present, may be well enough accounted for, from a diversity of practice in two large and uncommunicating jurisdictions, and from the acts of two distinct and independent parliaments, which have in many points altered and abrogated the old common law of both kingdoms.
That the municipal laws of Scotland are ordained to be still observed in that part of the island, unless altered by parliament; and, as the parliament has not yet thought proper, except in a few instances, to alter them, they still (with regard to the particulars unaltered) continue in full force.
And with regard to Poynings' law in particular, it cannot be repealed or suspended, unless the bill for that purpose, before it be certified to England, be approved by both the houses.
www.constitution.org /tb/tb-1104.htm   (7263 words)

  
 Blackstone's Commentaries - Book the Fourth - Supplement
And, with regard to Poynings' law in particular, it cannot be repealed or fufpended, unlefs the bill for that purpofe, before it be certified to England, be approved by both the houfes.
Such colonifts carry with them only fo much of the Englifh law, as is applicable to their own fituation and the condition of an infant colony; fuch, for inftance, as the general rules of inheritance, and of protection from perfonal injuries.
And in fuch cafes, although the finding of the jury be hardly warrantable by law, the court of king's bench hath generally refufed to interfere on behalf of the lord of the franchife, to affift fo odious a claim.
elsinore.cis.yale.edu /lawweb/avalon/blackstone/bk4supp.htm   (3533 words)

  
 Dáil Éireann - Volume 193 - 22 February, 1962 - Short Titles Bill, 1961—Committee Stage.
I think the term “Poynings' Law” preserves an historical tradition and this is a desirable thing, unless some serious reason can be advanced to the contrary.
The universal usage among the people has been Poynings' Law and the reason it was so widely known was that we all recognised it to be part of the machinery of the attempted conquest.
Poynings' Act is one of a series of Acts passed by the Parliament convened by Sir Edward Poynings, Lord Deputy, at Drogheda in 1494-5.
www.oireachtas-debates.gov.ie /D/0193/D.0193.196202220007.html   (1703 words)

  
 [No title]
Poynings represented the English interest, as distinct from the Anglo-Norman interest, which up to that time had prevailed in Ireland.
Most important of all was the Poynings Law, which made the Irish Parliament dependent on the English king by providing that all proposed legislation should first be announced to the king and meet with his approval, after which he would issue the license to hold Parliament.
During the reign of James I English law was pronounced the sole law of the land.
www2.msstate.edu /~dk62/ecn4323/alisha.doc   (5309 words)

  
 Ireland - Civil War and Emigration
This law was useless: the process had advanced so far that even though a new English army invaded Ireland in the late 14th Century, the Irish were fast becoming coalesced as a nation in their own right.
Acting on royal authority, Poynings revived the Anglo-Irish Parliament and the Statute of Kilkenny, which compelled the English and Irish to live apart and prohibited Irish law and customs in regions inhabited for the largest part by English settlers.
Laws passed in 1665 and 1680, effectively killed Irish commerce and industries by banning the export of Irish cattle, milk, butter, and cheese.
www.white-history.com /hwr29.htm   (4069 words)

  
 Irish History Page 7   (Site not responding. Last check: 2007-10-25)
“Poynings Law”, however, was to have a more lasting effect: it stated that the Irish Parliament could only meet with the king’s approval and that it could only pass laws which the king and his council agreed.
This law was to become an increasing source of conflict in the years to come.
While the laws were unenforceable in large parts of the country, an increasing military presence was established through a growing number of garrisons.
www.crc-rostrevor.org /resources/history/hist_p07.htm   (637 words)

  
 Ireland: History: FIRST CENTURIES OF ENGLISH RULE (C. 1166-C. 1600)
The country was divided into counties for administrative purposes, English law was introduced, and serious attempts were made to reduce the feudal liberties of the Anglo-Norman baronage.
English control was reasserted and strengthened by the creation of three new Anglo-Irish earldoms: that of Kildare, given to the head of the Leinster Fitzgeralds; that of Desmond, given to the head of the Munster Fitzgeralds; and that of Ormonde, given to the head of the Butlers, who held lands around Tipperary.
At Drogheda (1494-95) he induced a Parliament to pass an act that came to be known as "Poynings' Law"; it subjected the meetings and legislative drafts of the Irish Parliament to the control of the English king and council.
www.mygen.com /users/bruce/Ireland.htm   (2736 words)

  
 STATUTE - Online Information article about STATUTE
pro-visions against laws with a retrospective operation, or impairing the obligation of contracts, or dealing with more than one subject to be expressed in the title.
By the constitutions of many states English statute law, as it existed at the time of the separation from England, and as far as it is applicable, has been adopted as part of the law of the states.
The determination of the class under which a particular law ought to fall is one of great difficulty, and one in which there is often a conflict of legal opinion.
encyclopedia.jrank.org /SOU_STE/STATUTE.html   (4078 words)

  
 England Under the Tudors By Arthur D. Innes- Chapter 4 from Nalanda Digital Library at NIT Calicut   (Site not responding. Last check: 2007-10-25)
Poynings was an experienced and capable soldier, who had been in command before Sluys in the recent campaign; and on his departure for Ireland Kildare went with him.
Poynings also endeavoured, by bestowing pensions (on terms) on some of the principal chiefs outside the Pale--such as O'Neill in Ulster and O'Brien in the west--to convert their position into one of semi-official responsibility to the official Government.
A basis for the maintenance of law and order having thus been provided, the Irish difficulty was solved for the time when "the man to rule all Ireland," benevolently disposed to a King who had shown that he knew the right way to take him, was restored to the office of Deputy.
www.nalanda.nitc.ac.in /resources/english/etext-project/history/tudoreng/chapter4.html   (3885 words)

  
 POYNINGS LAW (1485-1494)
He convened a parliament at Drogheda in November, 1494, the memorable parliament in which the act since known as "Poynings' law" was passed.
Now Poynings' law took away all this power and made the parliament a mere shadow entirely dependent on the English king and council.
But when at a later period English law was made to extend over the whole coun- try, and the Irish parliament made laws for all the people of Ireland, then Poynings' law which still remained in force was felt by the people of Ireland to be one of their greatest grievances.
www.travelinireland.com /ireland_history/ireland_history4_poynings_law1_1485_1494.htm   (489 words)

  
 Court of Star Chamber Research Materials
In this respect the Common Law courts had betrayed the most serious defects, from which the jurisdiction of the Council was immune.
At last the battle of the Common Law courts against rival jurisdiction was won for them by their parliamentary ally, and governmental acts were subject to their sole jurisdiction.
The theory got about that it derived all its lawful powers from a statute passed in 1487, at the beginning of Henry VII.'s reigh, while manifestly it was exceeding those powers in all directions.
www.lawmall.com /pleabarg/starcham.html   (4647 words)

  
 The coming of the Normans
Such laws were a complete failure and they were more or less ignored by the great families of the period who continued as before and gradually became “more Irish than the Irish themselves”.
Despite this, Gearoid was removed from the post of Lord Lieutenant for a period because of his policies, and Edward Poynings was appointed in his place in 1494.
Poynings did not remain long in the post of Lord Lieutenant as Henry restored Gearoid to that position in 1496 and the “Great Earl” continued to rule Ireland until his death in 1513.
www.hoganstand.com /general/identity/stories/normans.htm   (1307 words)

  
 World Religion’s Paper on the Origins of the IRA   (Site not responding. Last check: 2007-10-25)
The power in England steadily decreased in spite of the law and became confined to an area in England known as the English Pale.
He enforced the Statute of Kilkenny and established the Poynings Law, which forced the Irish Parliament to have all proposed legislation announced to the King, approved by him, and a license issued to hold Parliament for the proposed legislation.
The release from these laws was not permitted, however, by the Irish Parliament that was made up entirely of Protestants of the established Church.
courses.ncssm.edu /history/religion/research/sturm.html   (3061 words)

  
 [No title]
On the 13th October 1494 Edward Poynings arrived in Ireland, with instructions from King Henry VII to reduce the Lordship of Ireland to “whole and perfect obedience”.
In its original form Poynings’ Law required all proposed bills to be submitted before a licence was issued.
It provided that the laws in force at the date of the coming into operation of the Constitution would continue to be in force and effect until the same, be repealed or amended by the Oireachtas.
freepages.genealogy.rootsweb.com /~irishancestors/Law/HistoryLeg.html   (614 words)

  
 Ireland   (Site not responding. Last check: 2007-10-25)
The laws were dispensed by professional jurists called brehons, who were endowed with lands and who were allowed important privileges.
Most important of all was the so-called Poynings Law, which made the Irish Parliament dependent on the English king by providing that all proposed legislation should first be announced to the king and meet with his approval, after which he would issue the license to hold Parliament.
Nearly the entire Celtic population of Ireland and the majority of the inhabitants of the Pale remained Roman Catholic, and the Anglican church served as a political instrument for the English rulers in Dublin Castle.
www.cartage.org.lb /en/themes/geoghist/histories/history/hiscountries/I/ireland.html   (3599 words)

  
 [No title]   (Site not responding. Last check: 2007-10-25)
The first Convention at Dungannon 15 February 1782 saw some 250 delegates from 143 Ulster Volunteer Companies joined in debate and producing resolutions that Poynings Law (the supremacy of the Privy Council over Parliament) was unconstitutional; sought relaxation of penal laws against Catholics and repeal of the Declaratory Act which prevented service under the Crown.
The Declaratory Act was repealed and Bills were presented to repeal Poynings Law, the Perpetual Mutiny Act and to secure the independence of the judiciary.
It is for the collection of this opinion (the esoteric part, and nucleus of political Doctrine) that such a society, or interior circle, ought to be immediately established, around which another circle might be formed, whose opinions are still halting between, who are for temporizing expedients and patience, and partial reform.
www.orrnamestudy.com /volunteers.htm   (1297 words)

  
 Ollscoil na hÉireann
There is an objection, possibly not good in law, but surely good on moral grounds, against the application to me here of this old English statute, 565 years old, that seeks to deprive an Irishman today of life and honour not “for adhering to the King’s enemies”, but for adhering to his own people.
The very law of Poynings, which, I believe, applies his statute of Edward III to Ireland, enacted also for the Irishman’s defence “all those laws by which England claims her liberty”.
This is the condemnation of English rule, of English-made law, of English government in Ireland, that it dare not rest on the will of the Irish people, but it exists in defiance of their will; that it is a rule derived not from right, but from conquest.
www.su.nuigalway.ie /~sinnfein/great14.htm   (3141 words)

  
 Daniel J. Hulsebosch | The Ancient Constitution and the Expanding Empire: Sir Edward Coke's British Jurisprudence | Law ...
Instead, I examine the assumption that Coke believed that his common law jurisprudence extended to the colonies and attempt to recover the original intent, as it were, of the ancient constitution in the mind of one of its framers.
Throughout his life Coke retained a medieval conception of law as primarily jurisdictional rather than jurisprudential, meaning that the common law was inseparable from the institutions that applied, practiced, and taught the common law: the Westminster courts, their circuits, the common law bar, and the Inns of Court.
In the early seventeenth century, the common law was conceived in primarily jurisdictional terms as the craft wisdom of a particular court system and the legal community that served it.
www.historycooperative.org /journals/lhr/21.3/hulsebosch.html   (14241 words)

  
 The 18th century   (Site not responding. Last check: 2007-10-25)
Such a law was not at first necessary in England, where penal laws against those who failed to conform to the established church were so severe as automatically to exclude such persons from public life.
A patriotic opposition led by Henry Flood and Henry Grattan began an agitation that led in 1782 to the repeal of the Declaratory Act of 1720 and to an amendment of Poynings' Law to give legislative initiative to the Irish Parliament.
Although the rebellion was unsuccessful, it brought the Irish question forcibly to the attention of the British cabinet, and the prime minister, William Pitt, planned and carried through an amalgamation of the British and Irish Parliaments, merging the kingdoms of Great Britain and Ireland into the United Kingdom.
instructional1.calstatela.edu /mdetlof/ENGL200C/18th_century.ireland.htm   (1355 words)

  
 Irish Potato Famine   (Site not responding. Last check: 2007-10-25)
As new leaders appeared, or as English difficulties gave the opportunity, the Irish rose in rebellion: under the Earl of Tyrone in the 1590s, on the eve of the English Civil War in 1642, against the Cromwellian regime, and again at the time of the Glorious Revolution in 1688.
A revised Irish poor law which recognized a right to relief, as the 1838 law had not done, in the workhouse normally, but out-of-doors if necessary.
Because they held key positions on boards of guardians, they were in a position to enforce a clause in the poor law denying relief to anyone who held over a quarter-acre of land.
mars.acnet.wnec.edu /~grempel/courses/wc2/lectures/potato.html   (2433 words)

  
 Dean Cobbe, Lambetr Simnel, Henry VII, Poynings.   (Site not responding. Last check: 2007-10-25)
By this all statutes made within the realm of England concerning the common weal, from henceforth be deemed good and effectual in the law, and such be accepted, used, and executed within the land of Ireland in all points, according to the tenor of the same.
By this Act all the fundament laws of England were transferred to bind Ireland.
The effect of this, according to the opinion of the late Lord Chief Justice Whiteside, was to place a bridle in the mouth of the Irish Parliament, and subjugate alike the lord-deputy, the nobles, and the commoners to the will of the king's council at London.
www.chapters.eiretek.org /books/IrishParl/parliament3.htm   (1217 words)

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