{"id":40,"date":"2021-04-02T20:22:46","date_gmt":"2021-04-02T20:22:46","guid":{"rendered":"http:\/\/legalblog.ie\/?p=40"},"modified":"2021-04-02T21:57:38","modified_gmt":"2021-04-02T21:57:38","slug":"norman-government","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/norman-government\/","title":{"rendered":"Government &#038; Laws"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/norman-government\/#The_Norman_Lordship_of_Ireland\" title=\"The Norman Lordship of Ireland\">The Norman Lordship of Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/norman-government\/#The_Justiciar\" title=\"The Justiciar\">The Justiciar<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/norman-government\/#Irish_Council\" title=\"Irish Council\">Irish Council<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/norman-government\/#English_Law_and_Irish_Law\" title=\"English Law and Irish Law\">English Law and Irish Law<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/norman-government\/#Early_Irish_statute_law\" title=\"Early Irish statute law.\">Early Irish statute law.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/norman-government\/#Assess_to_Court\" title=\"Assess to Court\">Assess to Court<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"The_Norman_Lordship_of_Ireland\"><\/span>The Norman Lordship of Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The struggle between internal dynasties within Ireland led to the political conditions in which King Henry II intervened and exercised his claim to a feudal Lordship. \u00a0The King of Leinster exiled in 1166 and his direct appeal to Henry II for help, led to the royal licensing of an expeditionary force from Wales and the arrival of Henry II with a great army in 1171. \u00a0The Irish kings and prelates submitted and invading feudal lords followed.<\/p>\n<p>The Treaty of Windsor in 1175, so-called, was concluded between King Henry the II and the high king of Ireland, establishing a new relationship between the feudal monarchy and the Irish kingship. Henry II became Lord of Ireland by conquest, treaty and by papal grant, granted by Adrian IV referred to as the Papal Bull &#8216;Laudabiliter.&#8217;<\/p>\n<p>When King John became king in 1200 the Lordship of Ireland was united with the crown. By the beginning of the 13th century, King John authorised his justiciar in Ireland to issue the important writs. A Kings Council was held in Dublin in 1210, which the magnate of the Lordship and native rulers submitted and swore allegiance to English law. A charter issued, \u00a0referred to as King John&#8217;s charter.\u00a0 The great charter Magna Carta issued in 1215 and sent to Ireland in 1217.<\/p>\n<p>The major new statutes of the 13th century were applied to Ireland and the traditional common laws were reiterated to the writ system. In the 13th Century, the basis of the application of English statutes in Ireland was contested. \u00a0One view was that English legislation applied in Ireland in automatically principle. \u00a0Only one native major piece of legislation, Statute of Merchants 1285 expressly applied to Ireland. \u00a0\u00a0The major statutes appear to have applied directly by simply being giving to the justiciar for implementation and enforcement.<\/p>\n<p>In 1232, the English Chancellor was conferred with the title &#8220;Chancellor of Ireland&#8221; and the Irish Chancellery was presided over by a deputy chancellor.\u00a0 In 1244, an Irish chancellor was appointed.\u00a0 The chancellor was principally in the administration and ranked \u00a0behind the treasurer.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Justiciar\"><\/span>The Justiciar<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The government machinery in Norman Ireland was based on that in England.\u00a0 As the institutions and mechanisms of government developed in England corresponding changes occurred in Ireland.<\/p>\n<p>The office of Justiciar developed from the 12th century.\u00a0 The Justiciar was permanent head of the administration and government on behalf of the King during his absences.\u00a0 The King was often absent from England in this period too, as he was also Duke of Normandy and Aquitaine.\u00a0 The office was imported into Ireland and the chief governor was normally referred to as the Chief Justiciar or Justiciar until the 14th century when the term king\u2019s lieutenant became common.<\/p>\n<p>The Justiciar was all powerful and his power corresponded to the direct and personal power of the King.\u00a0 He was at once head of the military, administration and supreme judge.\u00a0 He was subject to the power of the King. The Justiciar or chief governors had powers to make war, summon tenants-in-chief of lands to serve in person or pay scutage, issue pardons, control royal officials, dismiss all except the most important offices and do justice according to the laws and customs in Ireland.<\/p>\n<p>They exercised rights of patronage and had the right to purveyance being a right to take goods as necessary for the efficient exercise of their functions. \u00a0They had the right to summon parliaments and councils or make statutes and ordinances.\u00a0 He had the right to appoint \u00a0deputies and to exercise functions through them in his \u00a0absence.<\/p>\n<p>From early times, many of the chief governors were Anglo-Irish magnates, although in the early 14th century, English administrators presided. Some lieutenants as well as chief governors hardly visited Ireland at all in the 15th century and presided through deputies.\u00a0 In these circumstances, the government was administered by Anglo-Irish magnates acting as deputies for the \u00a0absentee lieutenant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Irish_Council\"><\/span>Irish Council<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The chief governor was initially assisted by a council based on the King\u2019s council in England. Most things which the \u00a0Justiciar did, were done in collaboration with the council. \u00a0In the early 13th century, this compromised Barons , the major landowners who as the tenants-in-chief were obliged as part of their feudal duty to give counsel.<\/p>\n<p>The chief governor and council were subjected to the control of the King. Messages were sent to the King with reports in writing of the position in the country and decisions made. At certain point, the King\u2019s directions were sought on particular matters, although the practice varied over time.<\/p>\n<p>By the 13th century, the Irish council followed the English council in becoming more specialised with more definition and continuity in membership and which supervised all day-to-day business in government.\u00a0 The occasional assemblies of tenants-in-chiefs were separate and over the course of the 13th century they became parliament.<\/p>\n<p>In parallel, the Irish council became an official body, comprised \u00a0from time to time of \u00a0various \u00a0magnates, but was ultimately \u00a0dominated by officials carrying out day-to-day business.\u00a0 The treasure and chancellor and other officers usually were present. Itinerant justices was attended when available.<\/p>\n<p>In the early 14th century, the justices of the bench attended council when summoned. By the later part of the 14th century, the chancellor, treasurer, chief justices or chief baron or the exchequer together with other judges, the keeper of the rolls \u00a0of chancery and other officials were members of the council. Other persons were appointed from time to time.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"English_Law_and_Irish_Law\"><\/span>English Law and Irish Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In broad terms, the Law of Ireland was the same as the Law of England.\u00a0 Local customs could vary.\u00a0 By the time of the Norman conquest, the common law was becoming more uniform and control was taken by royal power. In the unconquered areas, customary native Brehon law continued to apply.<\/p>\n<p>Certain Brehon laws were recognised in the common law courts as established customs.\u00a0 However, \u00a0tensions arose between Brehon \u00a0land law and its different rules of succession, and the requirements of the crown for \u00a0feudal tenure which required reversion of lands to the King on certain occasions.<\/p>\n<p>The Irish courts were controlled by the possibility of an appeal to the English Kings bench by writ of error or certiorari.\u00a0 Grievances from Ireland came for the king by petition to the English parliament.\u00a0 This was reduced significantly by the reign of Edward I.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Early_Irish_statute_law\"><\/span>Early Irish statute law.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the early middle ages, the English statutes were presumed to apply automatically to Ireland.\u00a0 The authority was that of the King,not the parliament in which it was made.\u00a0 In the later middle ages, the authority became that of the King in the Irish parliament.<\/p>\n<p>Most Irish legislation was concerned with the maintenance of order in the Lordship and the relations between its subjects and the native Irish.\u00a0 Other matters which were the subject of English legislation, also applied.\u00a0 Pleadings in the era show reference to both statutes.<\/p>\n<p>Before Ponying\u2019s Law, English Acts might apply to Ireland in a number of ways.\u00a0 It is rare that the statutes themselves from this era provided specifically as for their application to Ireland.Some English legislation was remitted to Ireland with a royal writ ordering it to be observed.\u00a0 Some English statutes were confirmed by the Irish parliament.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assess_to_Court\"><\/span>Assess to Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the conquered areas, there was no right of access to common law courts unless granted. Without such direct right, the actions can only be taken by their lord. \u00a0They could put themselves in the advowry of a lord and pay the fee.<\/p>\n<p>Charters were granted giving access to royal justice.\u00a0 By the late 13th century, attempts were made to have a general extension of English law to the Irish.\u00a0 By the middle of this 14th century, early statutes declared the same law for the Irish and English except for the service of betaghs in the power of their lord.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-40\" data-postid=\"40\" class=\"themify_builder_content themify_builder_content-40 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>The Norman Lordship of Ireland The struggle between internal dynasties within Ireland led to the political conditions in which King Henry II intervened and exercised his claim to a feudal Lordship. \u00a0The King of Leinster exiled in 1166 and his direct appeal to Henry II for help, led to the royal licensing of an expeditionary [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[29],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/40"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=40"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/40\/revisions"}],"predecessor-version":[{"id":57,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/40\/revisions\/57"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=40"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=40"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=40"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}