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“ but in many things repugnant quite both to God's laws and “ man's.” The latter part of this character is alone ascribed to it, by the laws before-cited of Edward the first and his grandson.

But as Ireland was a distinct dominion, and had parliaments of its own, it is to be observed, that though the immemorial customs, or common law, of England were made the rule of justice in Ireland also, yet no acts of the English parliament, since the twelfth of king John, extended into that kingdom ; unless it were specially named, or included under general words, such as, “ within any of the king's do“ minions." And this is particularly expressed, and the reason given in the year books? : "a tax granted by the parlia“ment of England shall not bind those of Ireland, because “ they are not summoned to our parliament;” and again, “ Ireland hath a parliament of its own, and maketh and “ altereth laws; and our statutes do not bind them, because “they do not send knights to our parliament: but their

persons are the king's subjects, like as the inhabitants of “ Calais, Gascoigne, and Guienne, while they continued “under the king's subjection.” The general run of laws, enacted by the superior state, are supposed to be calculated for its own internal government, and do not extend to its distant dependent countries, which, bearing no part in the legislature, are not therefore in its ordinary and daily contemplation. But, when the sovereign legislative power sees it necessary to extend its care to any of its subordinate dominions, and mentions them expressly by name or includes them under general words, there can be no doubt but then

they are bound by its lawsr. [102] The original method of passing statutes in Ireland

was nearly the same as in England, the chief governor holding parliaments at his pleasure, which enacted such laws as they thought propers. But an ill use being made of this

q 20 Hen. VI. 8. 2 Ric. III, 12,
r Year book i Hen. VIL 3. 7 Rep. 22. Cal.

vin's case.

s Irish Stat. 11 Eliz. st. 3. c. 8.

liberty particularly by lord Gormanstown, deputy-lieutenant in the reign of Edward IV t, a set of statutes were there enacted in the 10 Hen. VII. (sir Edward Poynings being then lord deputy, whence they are called Poynings' laws) one of which“, in order to restrain the power as well of the deputy as the Irish parliament, provides, 1. That before any parliament be summoned or holden, the chief governor and council of Ireland shall certify to the king under the great seal of Ireland the considerations and causes thereof, and the articles of the acts proposed to be passed therein. 2. That after the king, in his council of England, shall have considered, approved, dr altered the said acts or any of them, and certified them back under the great seal of England, and shall have given license to summon and hold a parliament, then the same shall be summoned and held; and therein the said acts so certified, and no other, shall be proposed, received, or rejectedw. But as this precluded any law from being proposed, but such as were pre-conceived before the parliament was in being, which occasioned many inconveniences and made frequent dissolutions necessary, it was provided by the statute of Philip and Mary before-cited, that any new propositions might be certified to England in the usual forms, even after the summons and during the session of parliament. By this means however there was nothing left to the parliament in Ireland, but a bare negative or power of rejecting, not of proposing or altering, any law. But the usage now is, that bills are often framed in either house, under the denomination of “ heads for a bill or bills :" and in that shape they are offered to the consideration of the lord lieutenant and privy council: who, upon such parliamentary intimation, or otherwise upon the application of private persons, receive and transmit such heads, or reject them without any transmis. [103] sion, to England. And with regard to Poynings' law in particular, it cannot be repeated or suspended, unless the

v 4 lost. 393.

t Irish Stat. 10 Hen. VII. c. 23.
u (ap. 1. expomded by 3 and 4 Ph. and M. C. 4.

bill for that purpose, before it be certified to England, be approved by both the houses (12).

x Irish Stat. 11 Eliz. st. 3. c. 38.

(12) The history of the proceedings of the Irish parliament published by lord Mountmorres is a very valuable accession to constitutional learning. It is a publication, which, besides being immediately useful to Ireland, affords much important information to those who are desirous of having a well-grounded and an accurate knowledge of the English constitution ; for the public proceedings of the neighbouring kingdoms of Scotland and Ireland furnish strong arguments from analogy, when difficult questions arise respecting the English constitution, and they are sometimes irrefragable evidence of ancient principles which were once common to them all.

Lord Mountmorres observes upon the statute referred to by the learned judge, that to repeal Poynings' law it required the consent of the greater number of the lords and commons, which, if it meant any thing, must signify a majority not of those who happened to be present, but of the whole number summoned to parliament; and that the requisition in that sense was strictly complied with in 1782, when Poynings' law was repealed. 1 Vol. p. 53.

I shall here take the liberty to subjoin an extract from what lord Mountmorres calls “ a short view of the former, and of the present “ method of passing laws and of holding parliaments in Ireland," as it contains a clearer and more authentic account than I could elsewhere collect :

“ Before a parliament was held, it was expedient, antecedent to one “ thousand seven hundred and eighty-two, that the lord lieutenant and « council should send over an important bill as a reason for summoning “ that assembly. This always created violent disputes, and it was * constantly rejected; as a money bill, which originated in the council, “ was contrary to a known maxim, that the commons hold the purse of " the nation ; and as all grants originate from them, since, in early “ times, they were used to consult with their constituents upon

the * mode, duration, and quantum of the supply.

“ Propositions for laws, or heads of bills, as they are called, originated indifferently in either house. After two readings and a * committal, they were sent by the council to England, and were sub

But the Irish nation being excluded from the benefit of the English statutes, were deprived of many good and profitable laws, made for the improvement of the common law: and the measure of justice in both kingdoms' becoming thence no longer uniform, it was therefore enacted, by another

“ mitted, usually by the English privy council, to the attorney and “solicitor general; and from thence they were returned to the council “ of Ireland, from whence they were sent to the commons, if they ori“ ginated there, (if not, to the lords,) and after three readings they “ were sent up to the house of lords, where they went through the “same stages; and then the lord lieutenant gave the royal assent in " the same form which is observed in Great Britain.

“ In all these stages in England and Ireland, it is to be remembered, **s that any bill was liable to be rejected, amended, or altered ; but that "s when they had passed the great seal of England, no alteration could “ be made by the Irish parliament.

“ At present, by the chief baron Yelverton's law, it is not necessary “ for the council to certify a bill under the great seal of Ireland, as a "" reason for summoning a parliament, but it is ordered to be convoked * by proclamation from the crown, as it is summoned in England.

“ Touching bills, they now originate in either house, and go from “ one to the other, as they do in England ; after which they are depo. “ sited in the lords' office, when the clerk of the crown takes a copy “ of them, and this parchment is attested to be a true copy, by the “great seal of Ireland on the left side of the instrument. Thus they “ are sent to England by the Irish council, and if they are approved of “ by the king, this transmiss, or copy, comes back with the great seal “ of England on the right side, with a commission to the lord lieutenant "to give the royal assent. All bills, except money bills, remain in the “ lords' office; but bills of supply are sent back to the house of com“mons to be presented by the speaker at the bar of the lords for the “royal assent. Hence it is manifest, that no alteration can now be “ made in bills, except in parliament, as the record, or original roll, ** remains in the lords' office till it obtains the royal assent.

“Of the rejection of bills, or not returning them from England, it “is said there are very few instances of such a refusal by the crown “ since one thousand seven hundred and eighty-two; though, doubt. “ less, the royal negative in both kingdoms is as clear a privilege as “ any other prerogative." 1 Vol. 57.

of Poynings' lawsy, that all acts of parliament, before made
in England, should be of force within the realm of Irelanda.
But, by the same rule, that no laws made in England,
between king John's time and Poynings' law, were then bind-
ing in Ireland, it follows that no acts of the English parlia-
ment made since the 10 Hen. VII. do now bind the people
of Ireland, unless specially named or included under general
words a. And on the other hand it is equally clear, that
where Ireland is particularly named, or is included under
general words, they are bound by such acts of parliament.
For this follows from the very nature and constitution of a
dependent state: dependence being very little else, but an
obligation to conform to the will or law of that superior per.
son or state, upon which the inferior depends. The original
and true ground of this superiority, in the present case, is
what we usually call, though somewhat improperly, the right
of conquest; a right allowed by the law of nations, if not by
that of nature; but which in reason and civil policy can mean
nothing more, than that, in order to put an end to hostilites,
a compact is either expressly or tacitly made between the
conqueror and the conquered, that if they will acknowledge
the victor for their master, he will treat them for the future
as subjects, and not as enemies b.

But this state of dependence being almost forgotten, and ready to be disputed by the Irish nation, it became necessary some years ago to declare how that matter really stood : and therefore by statute 6 Geo. I. c. 5. it is declared, that the

kingdom of Ireland ought to be subordinate to, and [104] dependent upon, the imperial crown of Great Britain,

as being inseparably united thereto: and that the king's majesty, with the consent of the lords and commons of Great Britain in parliament, hath power to make laws to bind the people of Ireland (13).

a 12 Rep. 112.

y cap. 22.
z 4 Inst. 351.

b Puff. L. of x. viii. 6. 24.

(13) Prynne in his learned argument has enumerated several statutes made in England from the time of king John, by whick

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