ngland_; 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 thei