World Library  
Flag as Inappropriate
Email this Article

Poynings' Law

Documents relevant to personal
and legislative unions of the
countries of the United Kingdom
Treaty of Windsor 1175
Treaty of York 1237
Treaty of Perth 1266
Treaty of Montgomery 1267
Treaty of Aberconwy 1277
Statute of Rhuddlan 1284
Treaty of Edinburgh–N'hampton 1328
Treaty of Berwick 1357
Poynings' Law 1495
Laws in Wales Acts 1535–1542
Crown of Ireland Act 1542
Treaty of Edinburgh 1560
Union of the Crowns 1603
Union of England and Scotland Act 1603
Act of Settlement 1701
Act of Security 1704
Alien Act 1705
Treaty of Union 1706
Acts of Union 1707
Personal Union of 1714 1714
Wales and Berwick Act 1746
Irish Constitution 1782
Acts of Union 1800
Government of Ireland Act 1920
Anglo-Irish Treaty 1921
Royal and Parliamentary Titles Act 1927
N. Ireland (Temporary Provisions) Act 1972
Northern Ireland Assembly 1973
N. Ireland Constitution Act 1973
Northern Ireland Act 1998
Government of Wales Act 1998
Scotland Act 1998
Government of Wales Act 2006
Scotland Act 2012
Edinburgh Agreement 2012

Poynings' Law or Poynings' Act, 1495[1] (10 Hen.7 c.22) formal title: Statute of Drogheda[2] is an Act of the Parliament of Ireland. It was initiated by Sir Edward Poynings in the Irish Parliament at Drogheda in 1494. In his position as Lord Deputy of Ireland, as appointed by King Henry VII of England, Poynings called together an assembly of the parliament. Coming in the aftermath of the divisive Wars of the Roses, Poynings' intention was to make Ireland once again obedient to the English monarchy.

Assembling the Parliament on 1 December 1494, he declared that the Parliament of Ireland was thereafter to be placed under the authority of the Parliament of England.

This marked the beginning of direct Tudor rule in Ireland, although Henry VII was still forced to rely on Old English nobles such as the Earl of Kildare (despite his support for Lambert Simnel) as his deputies in Ireland through the intervening years.

Poynings' Law was a major rallying point for groups seeking self-government for Ireland, particularly the Confederate Catholics in the 1640s. It was also a major grievance for Henry Grattan's Patriot Party in the late 18th century, who consistently sought a repeal of Poynings' Law. The Act remained in place until the Constitution of 1782 gave the Irish parliament legislative independence.


  • Ambiguous name 1
  • Function and operation 2
  • Repeal 3
  • References 4
  • Further reading 5
  • External links 6

Ambiguous name

Introducing the Short Titles Act 1962 in Dáil Éireann in 1962, minister Charles J. Haughey stated:[3]

Poynings' Act is one of a series of Acts passed by the Parliament convened by Sir Edward Poynings, Lord Deputy, at Drogheda in 1494-5. This Parliament was called to assist the Lord Deputy in his task of reducing Ireland to “whole and perfect obedience”. The terms “Poynings' Law” and “Poynings' Act” have been employed ambiguously both by historians and lawyers. Sometimes they are applied to the whole series of statutes passed at that Parliament, sometimes to one of those statutes—Chapter 4 of 10 Henry 7 (Ireland)—which provided that no Irish Parliament was to be held until the proposed legislation had been sent by the Lieutenant and the Irish Council to the English Council and returned under the English great seal; at other times, they are used to indicate the statute Chapter 22 of 10 Henry 7 (Ireland). The latter is the statute to which the present Bill refers and to which the short title “Poynings' Act, 1495”, is assigned, putting an end to the ambiguity so far as legal usage [in the Republic of Ireland] is concerned.

Function and operation

The working of Poynings' Law took place in several steps. The first step was for the lieutenant governor and the Irish council (or Irish executive) to decide that a parliament was needed, usually for the purpose of raising funds. At this point the council and lieutenant would write drafts of legislation to be proposed to the king and his council. After this had been completed, the lieutenant and council, according to the act, were required to certify the request for parliament "under the great seal of that land [Ireland],”[4] and then forward it to England for approval. Once the request arrived in England, it was reviewed by the King and his council, and a formal licence, approving the request for parliament and the draft bills were returned to Ireland.[5] Once the licence was received in Ireland, the governor would summon parliament, and the bills passed. It is important to note that "government was not in the modern sense representative, and there was no sustained opposition. Parliament's consent was necessary for some purposes, and it frequently offered advice, but the decisions were made by the English and Irish councils".[6] This is an important fact to consider when examining exactly who the law was aimed to suppress. As the point above demonstrates, parliament was virtually a rubber stamp, and it was the Irish executive who made the actual decisions in proposing policy.

The two important aspects of the procedure presented by Poynings' Law are transmission and certification. Both of these requirements placed limits on various parties within the law making process in Ireland. The combination of these processes created a situation where bills could be sent, along with the request for parliament, and the king could amend and remove such bills as he wished, however he could not add new bills himself. This is a result of the certification process which requires the submission to be made by the Irish council "under the great seal of that land [Ireland]".[7] The original intention of the certification process was to remove the capacity of initiating legislation from the parliament, and place it with the Irish council and governor.[8] But as a result of the way it was framed in the act, it also removed that capacity from the English parliament and administration as well because legislation could only be submitted for approval by the Irish executive.

Furthermore, the two processes made it impossible for the Irish to add more bills or amendments to a request, after the initial licence request had been granted.[9] This meant that any additional bills or amendments that they wished to pass in parliament would have to be re-sent along with an entirely new request for parliament. Clearly this created severe inefficiencies in the legislative process, and thus gave the executive in Ireland as well as the crown an interest in relaxing procedure. As early as 1496 "the rigid procedure laid down by Poynings' Law was not being adhered to"[10] and additional bills were commonly sent to England after the original request, and were returned to Ireland before the meeting of a new parliament. The example from 1496 was the separate request for parliamentary licence and sending of bills in the reappointment of the earl of Kildare. At this time, because the rigid procedure of Poynings' Law was not in the interest of any of the parties involved, especially the crown and Irish executive, Quinn argues that "no hesitation was felt about transmitting additional bills" after the licence had been granted.[11]

In the 1692 parliament an important development in the Poynings' Law procedure took place as some members of the Irish House of Commons sought to establish for themselves a more central role in the process of drafting legislature. On 27 October 1692, the House of Commons passed two notable resolutions. The first, 'that it was, and is, the undoubted right of the commons… to prepare and resolve the ways and means of raising money' and the second, 'that it was, and is, the sole and undoubted right of the commons to prepare heads of bills for raising money'.[12] Opposition to the executive was then expressed as the Commons used its veto power under Poynings' Law to reject 'virtually two-thirds of the meticulously prepared government bills'.[13] Political deadlock ensued and parliament was prorogued. Although judicial opinion in both Ireland and England served to vindicate the position of the Lord Lieutenant and the English Government in the matter, it became clear that a compromise solution must be reached before parliament could be called again. From mid-1694 negotiations to this end began to bear fruit. The Irish parliament would pass one government money bill relating to excise at the beginning of the session in recognition of the royal prerogative. The parliament would now appoint a committee to decide upon the 'ways and means'[14] of raising supply and draw up the 'heads of bills' of any related legislation. Government support of penal legislation against Catholics also helped placate the claims of the 'sole right' advocates. The compromise solution was put into effect in the 1695 parliament and all fourteen government bills presented in the first session were passed by both houses. Now the Irish House of Commons had major input into the substance, or 'heads', of supply bills that would then be transmitted to the English Privy Council for approval, amendment or rejection under the Poynings' Law procedure. This set the precedent for the parliaments of the eighteenth century. Yelverton's Act of 1782,[15] removing the role of the Irish Privy Council, effectively rendered Poynings' Law inoperative.


Poynings' Act 1495 was repealed by the Oireachtas by the Statute Law Revision Act 2007 on foot of a ministerial amendment during the Bill's passage.[16] The Act remains in force in the UK.


  1. ^ Poynings' Law is the short title adopted in Northern Ireland – by the Short Titles Act (Northern Ireland) 1951. Poynings' Act, 1495 is the short title adopted in the Republic of Ireland – by the Short Titles Act 1962.
  2. ^ The Oxford History of the Laws of England: volume VI 1483-1558. Sir John Baker. Page 101.
  3. ^ Haughey, Charles (15 February 1962). "Short Titles Bill, 1961—Second Stage.". Dáil Éireann debates. Oireachtas. pp. Vol.193 c.266. Retrieved 6 November 2013. 
  4. ^ Curtis & McDowell 1968, p. 83.
  5. ^ Quinn 1941, p. 245.
  6. ^ Ellis 1985, p. 78.
  7. ^ Curtis & McDowell 1968, p. 83.
  8. ^ Bradshaw 1979, p. 150.
  9. ^ Quinn 1941, p. 246.
  10. ^ Quinn 1941, p. 250.
  11. ^ Quinn 1941, p. 247.
  12. ^ McGrath 2000, p. 85.
  13. ^ Bartlett & Hayton 1979, p. 21.
  14. ^ McGrath 2000, p. 96.
  15. ^ 21&22 George III c.47
  16. ^

Further reading

  • Bartlett, Thomas; Hayton, David, eds. (1979), Penal Era and Golden Age, Belfast: Ulster Historical Foundation,  .
  • Bradshaw, Brendan (1979), The Irish Constitutional Revolution of the Sixteenth Century, Cambridge: Cambridge University Press,  .
  • Curtis, E.; McDowell, R. B., eds. (1968), "Poynings' Law", Irish Historical Documents 1172–1922, London: Methuen & Company Limited, p. 83 .
  • Ellis, Steven G. (1985), 'Tudor Ireland: Crown, Community and the Conflict of Cultures 1470–1603, New York: Longman,  .
  • McGrath, Charles Ivar (2000), The Making of the Eighteenth Century Irish Constitution, Dublin: Four Courts Press,  .
  • Pack, Mark (2001), "Charles James Fox, the Repeal of Poynings Law, and the Act of Union: 1782–1801", Journal of Liberal History 33 .
  • Quinn, D. B. (1941), "The early interpretation of Poynings' Law, 1494–1534", Irish Historical Studies 2 (7): 241–254,  .

External links

  • Text of the Poynings' Law 1495 (c.22) as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.