Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/118

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102
Of the Countries ſubject to
Introd.

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[1], 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, or altered the ſaid acts or any of them, and certified them back under the great ſeal of England, and ſhall have given licence 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 rejected[2]. But as this precluded any law from being propoſed, but ſuch as were preconceived 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 tranſmiſſion to England. And, with regard to Poynings’ law in particular, it cannot be repealed or ſuſpended, unleſs the bill for that purpoſe, before it be certified to England, be approved by both the houſes[3].

  1. cap. 4. expounded by 3 & 4 Ph. & M. c. 4.
  2. 4 Inſt. 353.
  3. Iriſh Stat. 11 Eliz. ſt. 3. c. 38.
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