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238 ANNUAL REGISTER justly, attributed to the negligence of the English lords, who, by intermarriages, had acquired great estates in Ireland. The power of these lord lieutenants was, in one respect, likewife exorbitant, namely, in giving consent to the laws without ever consulting his majesty, a power, perhaps, necessary at first, when the country was in a perpetual state of war, an its interest would not brook delays, but certainly, both for the sake of king and people, not fit to be continued. It was natural, therefore, for the king, who found himself ill served, to change hands, and to entrust this exorbitant power with persons not estated in the country, and whose attachement he could confide in; and accordingly, from that time, we find natives of England generally appointed to the government, to the great discontent of the Irish lords, who looked upon themselves as injured by the antient practice not being continued. This discontent was farther inflamed by a very extraordinary step, which this otherwise wife and just king was prevailed upon to take, and which first gave rise to that famous distinction between the English by blood, and English by birth. This king, and his father Edward the Second, had granted great estates, and extensive jurisdiction to many Irish lords of English blood, for services pretended to have done, many of which, it is probably enough, as the king alleged, were obtained by deceit and false representation; and had he contented himself with proceeding in legal course, by calling these patents in the scire facias, and vacating them upon proof of the deceit, no person could have complained; but he took a very different method, as appears from the writ he thought proper to issue on the that occasion. Quia plures exceffiva donationes terrarum, tenementorum & libertatum, in terra Hibernia, ad minus veracem &fubdolam fuggerftionem pententium, tam per Edward II. quam per regem nunc faEta funt, rex deluforias bujufmodi machinationes volens clidere, de concilio peritarium fibi affiftentium, omnes donationes terrarum, tenementorum, & lisberatum pradicEtarum duxit revocandas, quoufque de meritis perfonarum,de caufis &conditionibus donationum pradi Et arum fuerit informatius, & ideo, mandatum eft justicianis regni Hibernia, quod omnia terras tenemenia &liberates predi Et a per di Et os regis jufticianos aut locum tementus fuos quibufcunque perfonis fa Et a ficifire facias. This hasty step alienated the English Irish from the king and his advisers, and though after a contest of eleven years, the king annulled this presumption, the jealousy continued on both sides, and the Irish of English blood, were to ready to follow the banner of any pretender to the crown of England. In the reign of Henry the Sixth, that weak prince's ministers, jealous of the influence of Richard duke of York in England, and of his pretension to the crown, constituted him governor of Ireland; than which they could not have done a thing more fatal to their master's family, or to the constitution of this kingdom, as it turned out in the sequel; for to induce him to accept it for eager were they to remove him from England they armed him almost with regal pow- ers. For the Year 1772 239 ers. He was made lieutenant for ten years, had all the revenue, without account, besides an annual allowance from England; had power to farm the king's lands, to place and displace officers, and levy soldiers at his pleasure. The use the duke made of his commission was to strengthen his party, and make Ireland an asylum for such of them as should be oppressed in England; and for this purpose passed an act of parliament, reciting a prescription, that any person for any cause, coming into said land, had used to receive succour, tuition, supportation, and free liberty within the said land, during their abiding there, without any grivence, hurt, or molestation of any person, notwithstanding any writ, privy seal, great seal, letters missive under signet, or other commandment of the king, confirming the said prescription and making it high treason in any person who should bring in such writs, and so forth, to attach or disturb any such person. This act, together with the duke's popularity, and the great estate he had in this kingdom, attached the English Irish firmly to his family, insomuch that, in Henry the Seventh's reign, they crowned the imposter Lambert Simnel, and were afterwards ready to join Perkin Warbeck; and by this act of the duke of York's they thought to exculpate themselves. But when that king had trodden down all opposition, he took advantage of the precarious situation they were in, not only to have that act repealed, and to deprive his representatives there from passing laws rege inconsulto, but also to make such a change in the legislature, as would throw the principal weight into his and his successors hands; and this was by the famous law of Poyning's. By the former laws a Parliament was to be holden once a year, and the lords and commons, as in England, were the proposers. This act, intended to alter these points, gave occasion to many doubts; and indeed, it seems calculated for the purpose of not disclosing its whole effect at once. Its principal purport, at first view, seeming to be intended to restrain the calling the parliament, expect on such occasions as the lord lieutenant and council should see some good causes for it, that should be approved by the king. The words are, that "from the next parliament that shall be holden by the king's commandment and license, no parliament be holden hereafter in the said land, but as such season as the king's lieutenant and council there first do certify the king, under the great seal of that land, the causes and considerations; and all such acts as to them seemeth should pass in the same parliament, and such causes, considerations, and acts, affirmed by the king and his council to be good and expedient for that land, and his license thereupon, as well in affirmation of the said causes and acts, as to summon the said parliament under his great seal of England had and obtained; that done, a parliament to be had and holden after the form and effect before the rehearsed, and any parliament holden contrary to be deemed void." The first and great effect of this act was, that it repealed the law for annual parliaments, and made the
Transcription Notes:
Changed the letter "f" to "in some words.
