that, after they had received commiffions for that purpofe, they could not transfer that power, or depute any perfon to fupply their rooms, upon neceffary avocations, without a fpecial licence from the crown, under the great feal; or by exprefs ordinance of parliament.

The writs of fummons further indicare, that the privy council, not only affifted the chief governor in preparing foch matters, as required the calling of parliaments; but that they alfo actually far in the upper houfe of those national affemblies for writs, of the like tenor with those directed to the peers, were directed to them, " qui funt de concilio domini regis, or, de concilio domini regis exiffentibus," requiring their attendance. It hath been objected, that the king's council named' in those writs, are the gentlemen of the long robe, who at tended by writs; to affitt the upper house with their advice, when required. But, it is to be obferved, that the place af figned to the king's council, was, to fit among the baron's *.

Such, continues our author, was the method of fummoning and holding of parliaments in Ireland, until the civil diffemtions between the houses of York and Lancaster, fo totally engroffed the attention of England, that the conduct of affairs in this kingdom became almoft, if

N O T E.

not entirely, abandoned by the English government, and rested in the chief governors; who were neceffitated to call frequent parliaments, in order to preferve the English pale from the ravages of Irish enemies and English rebels; who, taking advantage of the distracted state of England, confederated to throw off all fubjection to the established government, and to attempt the conquest of the land.

But, further to evince, that the foregoing irregular and unauthorized manner of holding parliaments, was no more than temporary, occasioned by the civil wars; and that whenever the King was at leifure to attend to the affairs of Ireland, the chief governors were restrained, † and the ufual method adopted and pur fued, the following inftances may fuffice; and (connected with the records already mentioned) distinguish Poynings's act to be a declarative law of the ancient ufage, and enacted, chiefly for the restoration of parliaments to their pristine state, the prevention of future abufe, the prefervation of the English government in Ireland, and the reformation of the kingdom.

July 1, 1441, the articles, paffed in the parliament, holden at Naas that year, were tranfmitted to England, with an humble request from the parliament,

that the King would graciously receive and remedy the faid articles, by the advice of his right worshipful and wile council." Thele articles were fent by Stephen Roche, the attorney general, meffenger, chofen by all the eftates of the faid land, to come to your gracious prefence with certain articles, touching the ftate of your faid land enfealed patent wife, under your great feal of y your faid land; befeeching you humbly of your high grace, benignely to accept the faid Stephen and Articles, and they graciouflie answered, to command the faid Stephen NOTE,

But this is rated among the irregular and unauthorised parlenients! Though neither this or any of the reft recited, appear to have been condemned or repeled in the fubfequent regne.

†Throughout the Conftitution of Ire land, &c. explained, the rights and pri vileges of parlement afferted, this is mainfained to be the chief, if not the fole motive of Poynings's law, confirmed by the expofitory ftatute of Philip and Mary.

to

When king Henry 7, had defeated the first attempt of the dutchefs of Burgundy, (King Edward the fourth's filter) to disturb his government in Ireland, and had accepted the fubmiffion of his Irif fubjects, rat fied by their oaths of alle giance, he took the deplorable thate of the kingdom into confideration, and endeavoured to provide for its future fettlement: Bot, being interrupted in this great undertaking by a fecond impoftor, I he fent Sir Edward Poynings, a right worthy fervitor in war and peace to expel Warbeck, to reduce his adherents, and to hold a parliament, that such laws, as, by the advice of his council of Eng land, he had prepared to reform publick diforders, to reftain future exceffes, to extend the course and execution of the Jaw through the whole land, and to eftablifh his government, might be deliberately confidered, concluded upon, and enacted by his faid parliament.

That the acts, to be paffed by this intended parliament, were thus prepared by the king, before Sir Edward Poynings left England, may be concluded from his majetty's letter to that governor, relating to the act of refumption, dated at his manor of Shene, 4 May 1495. "Where we by the advice of our council, at your departure from us into our faid land, ordained and appointed, that at our next parliament, then to be holden in our faid land of Ireland, an act of refumption thould be had for us, in certain forme, put in writing, figned by us, and to you delivered."†

NOTE.

not always, bills or articles were fent by parlement to the crown for approbation, before Poynings's law paffed.

The reception, given thefe impoftors, feives to give an early, extraordinary proof of the loyalty and credulity of the Irith, who always fatally adhered to the now happily exploded notion of a divine hereditary right.

+ It has never been difputed, that the king had a right to propofe the inacting of laws, to his parlements. This has always been done and is the practice at this day, as appears by the speeches from the throne. But the act of resumption alone, and none of the other acts, is given in charge to the governor Is this candor or fraud in the Amanuenfis?-

Among thofe acts, the firft upon the record of that parliament (after the three ufual general provifions for the liberties of the church, of the kingdom, and of all good trading towns) is an act of fupply, paffed" at the request and fupplica tion of the commons of this land of Ireland." || whereby coigne and other Irish exactions are abolished, " and a fubfidy granted of 26s. 8d. out of every fix fcore acres of arable land occupied and manured; to be levied, as it hath been cuftomably used in times paft, to be discharged of coigne and livery and paie, and of other unlawful impofitions, &c. to he had and perceyved from the feast of Eafter 1495, unto the full end and term of five years then next enfuing." To which is annexed this provifoe. "Provided alway, that the lieutenant and deputy of this land, and the king's council of the fame, for the time being, at all times neceffary and requifite, have full power and authority, after their dif cretion, to add and enlarge more acres of land unto every fix fcore acres of arable land, not being fertile as other acres be, whereof every acre exceed not two pence, or under that fum, that the value of the number of fuch acres of arable land, being of finall value, be made and extended egal, and according in valure unto fix fcore acres of arable land being good and fertile."

Before the expiration of this act of fubfidy, another was paffed by the parlia ment of 1499 (15 Hen. 7) as will follow. NOT E.

This runs thro' the next following paragraph.

Can there be a stronger proof of Poynings's law being calculated onely to restrain the power of the chief governors, not of the parlement? can there be a ftronger proof or acknowledgment of the commons' fole and exclufive right of tax ation, than tranfmitting a bill of fupply, in this regne, beginning with the request and fupplication of the commons ? -Whenever they have paffed fuch a tranfmitted bill, it is probable they were induced by this form being obferved. But, tho' this act of fublidy appears, from this authority, which feems doubtful, if not falfe; to have been tranfinitted, in five years after, another was paffed, which appears not to have been transmitted.

For,

For, although the tranfmiffes of the bills, paffed in the fucceeding parliaments of Henry 7, are not now to be recovered; yet the prefumption ¶ is, that the bills were certified and tranfmitted, in conformity to the method, prefcribed by Poynings' law; indeed, 'tis abfurd to fuppofe the contrary (viz.) that bills, within five years after the making of that law, fhould be prepared and p fled in direct violation thereof, when we find it to be punctual ly obferved at the dittance of twenty years.

In direct conformity to Poynings's law, 20 years after the making thereof, king Henry 8. by commiffion, dared at Weft minfter 7 Oct. 1515, (7 H. 8.) authorized his deputy, Gerald earl of Kildare, "by advice and affent of his council, to hold a parliament within one year from the date of the faid commiffion, and to diffolve the lame within one year from the day of its commencement; and with his fid parliament." (I chufe to give the words of the commiffion)" de et fuper certis fubfequentibus Articulis, et in his prefentibus noftus Literis fpecifice infertis, et non aliis, tractandi, communicandi, et interloquendi; et fuper eitdem Articulis, tum fic commun catis, tractatis, et concordatis, concludendi, Assen.... fumque et Aucto:itatem, nomine nottro, præbendi, &c Tenor vero prædi&torum Articulorum fequitur, et eft talis."

Accordingly, the lord deputy held the parliament at Dublin on Monday 25 February following. The trantmiis contains nine bills, (of which the third only is printed, I. 59.) the first is a fubfidy bill of 135 44. the ploughland for ten years, after the expiration of the foregoing act, and begins thus, "Feift, pray the comynes," &c. and "be it therefore

NOTE.

Here the zele of the Amanuenfis feems to have eclipfed his judgment. Who is to truft to his prefumption, where the proof is to be refted on records alone?

A ftrict attention to the reftrictive ftatute, might no more have been thought now neceffary, than it was in the regne of Henry the eighth and Elizabeth, when that ftatute appears to have been more than once, neglected or difregarded, fufpended or repeled, from the confidence repofed in the chief governo, who, alone was restrained in his power by Poynings's law. See the constitution of Ireland, &c. April, 1770.

enacted and established by authority of this prefent parliament, that," &c.—-After the acts, the commiffion is thus continued, "Et ideo vobis mandamus, quod circa Premiffa diligenter intendatis, et Ea juxta formam vobis coinmiflam et fuperius infertam, et non aliter, faciatis et exequamini."

The author gives feveral other inftan.ces of the affembling of parliaments, for which we mult refer to the pamphlet itfelf, as they are too prolix for our infertion here; and thall haften to the conclufion of this piece.

NOTE.

Evidence of his grace, the duke of Leinfter's family, p. 122, a curious manufcript.

The Amanuenfis judges, that this and the preceding paragraph give matter of great exultation to his employers, and all thofe who wish to inflave this and the other appendages of the British empire, This is the onely inftance, where the king has prefumed, to attempt, with a non aliis, to restrain the deliberations or the procedings of parlement, tho' he undoubtedly might and ought to have circumfcribed his lieutenant's power, by a non aliter. This gentleman must sure. ly be too fenfible to imagine, that any arbitrary dictates of the crown can limit or control the power of any court of law, and left of all that of the high court of parliament. This defpotic tyrant was the fift, and thank God! the laft, that attempted it. It appears not from any ftatute or record yet cited, that his mandate was observed, and if it did, the finple, illicit precedent cannot be fuppofed to have altered the conflitution, giving the utmoft fcope to Poynings' law, fince expounded by that of Philip and Mary. By which expofitory statute, as well as other circumflances, it appears, that the construction of the ftatute had not been determined in that regne: But the legiflature afcerta.ns its true original meaning, when they recite, Sithence the making of the faid Act, diverse and fundrie ambiguities and doubts have been made and rifen upon the true underflanding and meaning of the fame, for the avoiding of which, and for a full and plain declaration of the TRUE MEANING of the fame, and then procede to the now eltablished conftitution. Statutes, vol. I. p. 246. I i

The