it would seem to insinuate that we are not upon the same foot with our fellow-subjects in England; which, however the practice may have been, I hope will never be directly asserted, for I do not understand that Poining’s act[13] deprived us of our liberty, but only changed the manner of passing laws here (which however was a power most indirectly obtained) by leaving the negative to the two Houses of Parliament.  But, waiving all controversies relating to the legislature, no person, I believe, was ever yet so bold as to affirm that the people of Ireland have not the same title to the benefits of the common law, with the rest of His Majesty’s subjects, and therefore whatever liberties or privileges the people of England enjoy by common law, we of Ireland have the same; so that in my humble opinion, the word Ireland standing in that proposition, was, in the mildest interpretation, a lapse of the pen.

[Footnote 13:  It was not intended that Poyning’s act should interfere with the liberty of the people, but it is undoubted that advantage was taken of this law, and an interpretation put on it far different from the intention that brought it on the statute books.  It was passed by a parliament convened by Sir Edward Poyning, at Drogheda, in the tenth year of Henry VII.’s reign.  Its immediate cause was the invasion of Perkin Warbeck.  That pretender assumed royal authority in Ireland and had several statutes passed during his short-lived term of power.  To prevent any viceroy from arrogating to himself the powers of law-making it was enacted by Poyning’s parliament: 

“That no parliament be holden hereafter in Ireland, but at such season as the King’s lieutenant and counsaile there first do certifie the King, under the Great Seal of that land, the causes and considerations, and all such acts as them seemeth should pass in the same parliament, and such causes, considerations, and acts affirmed by the King and his counsaile to be good and expedient for that land, and his licence 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 as afore rehearsed” ("Irish Statutes,” vol. i., p. 44).

Two statutes, one, the Act of 3 and 4 Phil., and Mary, cap. 4, and the other of II Eliz.  Ses. 3, cap. 8, explain this act further, and the latter points out the reason for the original enactment, namely, that “before this statute, when liberty was given to the governors to call parliaments at their pleasure, acts passed as well to the dishonour of the prince, as to the hindrance of their subjects” ("Irish Statutes,” vol. i., p. 346).

“By Poyning’s Law,” says Lecky, “a great part of the independence of the Irish Parliament had indeed been surrendered; but even the servile Parliament which passed it, though extending by its own authority to Ireland laws previously enacted in England, never admitted the right of the English Parliament to make laws for Ireland.” ("Hist.  Ireland,” vol. ii., p. 154; 1892 ed). [T.S.]]