{"id":55,"date":"2021-04-02T21:53:52","date_gmt":"2021-04-02T21:53:52","guid":{"rendered":"http:\/\/legalblog.ie\/?p=55"},"modified":"2021-04-03T11:50:11","modified_gmt":"2021-04-03T11:50:11","slug":"norman-government-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/norman-government-2\/","title":{"rendered":"Norman Government"},"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-2\/#Norman_Conquest\" title=\"Norman Conquest\">Norman Conquest<\/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-2\/#Constitutional_Status_of_Ireland\" title=\"Constitutional Status of Ireland\">Constitutional Status of Ireland<\/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-2\/#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-4\" href=\"https:\/\/legalblog.ie\/norman-government-2\/#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-5\" href=\"https:\/\/legalblog.ie\/norman-government-2\/#Parliaments\" title=\"Parliaments\">Parliaments<\/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-2\/#Legislation\" title=\"Legislation\">Legislation<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Norman_Conquest\"><\/span>Norman Conquest<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<h3><span class=\"ez-toc-section\" id=\"Constitutional_Status_of_Ireland\"><\/span>Constitutional Status of Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The mediaeval Lordship of Ireland was attached to the English crown and covered the whole island.\u00a0 <span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">When King John became king in 1200 the Lordship of Ireland was united with the crown.\u00a0<\/span>This constitutional position pertained from the Norman invasion up to 1541 when Ireland became a kingdom.<\/p>\n<p>In practice, the actual degree of control on the part of the Crown in this period diverged from this formal legal position. \u00a0Ireland is under the control through most of this period of different Irish and Anglo-Irish magnates and their families.<\/p>\n<p>Two languages were spoken in the Lordship, Irish and English. Norman French was used to some extent as the language of government but was already in decline. The Irish and English groups lived mainly apart. \u00a0By the end of this period, many of the Norman settlers had become assimilated to Irish culture outside of the Pale area.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Justiciar\"><\/span>The Justiciar<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>From early times the chief governors were Norman-Irish magnates. By the later part of the 14th century, it became customary to appoint the chief governor for a term of years and not just during the crown&#8217;s pleasure.\u00a0 The chief justice would be either lieutenants or Justiciars and had powers to appoint deputies in their absence.<\/p>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">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.<\/span><\/p>\n<p>In the 13th and 14th century, Justiciars had normally remained in Ireland unless summoned to England. Later, many 15th century lieutenants were English magnates who \u00a0remained in England and largely governed through deputies who are usually Anglo-Irish magnates. At the beginning of the 15th century the Earl of Ormond was appointed deputy governor \u00a0and shortly thereafter his successor as 4th Earl was appointed deputy governor.<\/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 assisted by a council composed of barons.\u00a0 During the 13th century, the Justiciars&#8217; council developed being the king&#8217;s council in Ireland.\u00a0 It became an official body. The council with chief governor as its president supervised day to day business of government comprised magnates and predominantly officials who carried out business.<\/p>\n<p>By the end of the 14th century, the chief justice, chief baron of the exchequer, chancellor, treasurer and other judges and other officials were members of the council by right of office.<\/p>\n<p>It appears to have been a matter for the chief governor&#8217;s discretion as to who should be summoned to a particular meeting to deal with a particular matter.\u00a0 Very occasionally the whole council was required.\u00a0 From time to time the official council was reinforced by magnates that they would not usually be involved in official business.<\/p>\n<p>The chief justice and council were subject to the overriding control of the King.\u00a0 Reports in writing were sent to the King through emissaries.\u00a0 The Justiciars were summoned to England from time to time to certify the state of Ireland.<\/p>\n<p>On some occasions, the chief governor might appoint a deputy to deal with specific matters.\u00a0 In some cases, the deputies were appointed for specific districts particularly in times of war and breakdown of order. The deputy appointed many offices in some cases with the advice of others.<\/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=\"Parliaments\"><\/span>Parliaments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The chief governor \/ lord lieutenant summoned parliaments and council.\u00a0 One of the \u00a0principal functions of parliament was to raise money. Without the free consent of commons in parliament, levies, subsidies and measures were not accepted as lawful.<\/p>\n<p>Parliaments were held at various locations.\u00a0 They were not in any sense the formal modern parliament of later times. They were effectively assemblies of representatives of \u00a0the commons giving their consent to taxation levies. It was accepted that the consent of the representative bound their community.<\/p>\n<p>The summons of the commons involved the Seneschal of the liberty, mayor and bailiffs of the town who \u00a0caused sufficient men \u00a0of the community to be elected to attend parliament.\u00a0 They were generally \u00a0for their reasonable expenses.\u00a0 They had power to treat and advise and do what was required in parliament.\u00a0 They eventually had the full delegated powers of their electors.<\/p>\n<p>The summons of parliament effectively required the members to come with authority to bind their communities. Very few writs of parliamentary summons survived. There is very little information on writs, returns, elections, expenses and so on<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Legislation\"><\/span>Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Legislation was extended to Ireland by the authority of the King.\u00a0 It would not necessarily require confirmation by an \u00a0Irish parliament.\u00a0 The Irish parliament protested from time to time that they should not be bound by statutes made by parliaments in which they were not represented.<\/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>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-55\" data-postid=\"55\" class=\"themify_builder_content themify_builder_content-55 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Norman Conquest 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 [&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\/55"}],"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=55"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/55\/revisions"}],"predecessor-version":[{"id":120,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/55\/revisions\/120"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=55"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=55"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=55"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}