{"id":95,"date":"2021-04-03T09:03:22","date_gmt":"2021-04-03T09:03:22","guid":{"rendered":"http:\/\/legalblog.ie\/?p=95"},"modified":"2021-04-03T10:39:43","modified_gmt":"2021-04-03T10:39:43","slug":"the-kingss-deputy","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/the-kingss-deputy\/","title":{"rendered":"The Lord Deputy &#038; Council"},"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\/the-kingss-deputy\/#Late_Medieval_Period\" title=\"Late Medieval Period\">Late Medieval Period<\/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\/the-kingss-deputy\/#Poynings_Law\" title=\"Poynings Law\">Poynings Law<\/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\/the-kingss-deputy\/#The_Irish_Council\" title=\"The Irish Council\">The 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\/the-kingss-deputy\/#Henry_VIII_King_of_Ireland\" title=\"Henry VIII King of Ireland\">Henry VIII King of Ireland<\/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\/the-kingss-deputy\/#Stuart_Era\" title=\"Stuart Era\">Stuart Era<\/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\/the-kingss-deputy\/#Evolution_of_Irish_Council\" title=\"Evolution of Irish Council\">Evolution of Irish Council<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/the-kingss-deputy\/#Viceroy\" title=\"Viceroy\">Viceroy<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Late_Medieval_Period\"><\/span>Late Medieval Period<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At the start of the 16th Century, the Dublin government formally claimed jurisdiction over the whole island.\u00a0 In some cases, governors were able to obtain recognition by Gaelic chiefs of the King&#8217;s rights in Ireland.\u00a0 In practice however, the English government in Ireland was limited to the main areas under Anglo-English influence; the Pale and surrounding lordships including, in particular lands held by Kildare, Ormond, Butler and others.<\/p>\n<p>Viceroys were styled Justiciar traditionally, Deputy, or Lord Lieutenant.\u00a0 The office of\u00a0chief governor of Ireland\u00a0existed under various names from (Chief) justiciar\u00a0(13th\u201314th centuries);\u00a0(King&#8217;s) lieutenant\u00a0(14th\u201316th century) and \u00a0(Lord) Deputy\u00a0The unofficial term\u00a0Viceroy\u00a0was also common.<\/p>\n<p>In the earlier years, there were frequent long vacancies, during which a\u00a0<a href=\"https:\/\/en.wikipedia.org\/wiki\/Lord_Deputy_of_Ireland\">Lord Deputy<\/a>\u00a0or Lord Justice would act as chief governor. Many governors were deputies or deputy lieutenants.\u00a0 The governor was advised by an Irish Council.\u00a0 He was head of the civil administration and the military commanders.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Poynings_Law\"><\/span>Poynings Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At various times in the late 15th century the Crown reserved its powers of appointment thereby asserting greater control over the Irish administration.The period saw further reductions in the governor&#8217;s powers.\u00a0 A statute of 1494 provided that judges and financial officials held tenure during the Crown&#8217;s pleasure are only.\u00a0 Exceptions were licensed.<\/p>\n<p>The infamous Ponying\u2019s&#8217; law in 1494 \u00a0required license to hold parliament and introduce bills. It effectively subordinated the Irish parliament to the English privy council.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Irish_Council\"><\/span>The Irish Council<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The governor was advised by an Irish Privy Council.\u00a0 He was head of the civil administration and the military commanders. He\u00a0 served for a fixed term, were paid a fixed salary and might receive other Irish revenues. Significant offices were often been granted for life in some cases, including ones carrying a place on the council.<\/p>\n<p>Seven chief ministers and councillors who held office by virtue of other office were the core of the Council.\u00a0 It included lawyers, military captains, royal nominees, close confidants of the governors and others.\u00a0 The Inner Council or Privy Council was established in 1520.\u00a0 This was an inner council advising the governor on daily administration.\u00a0 The Privy Council with Chancellor acting as President might undertake business in the deputy&#8217;s absence. The larger council included local leading magnates.<\/p>\n<p>The Council was assisted by clerks drawn from the Chancery.\u00a0 The governor&#8217;s private seal was kept by a secretary and also acted as the second royal seal.\u00a0 It was used to authenticate the more important administrative documents such as royal grants and commissions. In \u00a01494 a separate writing office was created separate from Chancery for use by the government.\u00a0 The Chancery Department developed as a court of equity in the late 15th century. Warrants for the Chancellor were filed in Chancery.\u00a0 The Chancery kept roles.\u00a0 Grants and commissions were to be\u00a0 enrolled.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Henry_VIII_King_of_Ireland\"><\/span>Henry VIII King of Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>For most of the 15th and early 16ht centuries and before, the Lord Deputyship was effectively granted to Anglo-Norman magnates.\u00a0 The Earls of Kildare, Butlers or Dukes of Ormand had almost continuously held the role of Lord Deputy.\u00a0 Latterly the Earl of Kildare monopolised the lord deputyship. This reflected practical considerations of economy.<\/p>\n<p>Following Kildare&#8217;s failed rebellion, the position changed fundamentally. Henry VIII sought to bring the Irish magnets under his control by the regrant of English titles. He admitted native Irish lords into the Irish parliament , in return for their submission to him as King of Ireland.<\/p>\n<p>Ireland became an independent kingdom under the English Crown after 1541.\u00a0 It was distinct from England notwithstanding sharing the Crown. The power in Ireland t lay not with the Parliament, but with the Lord Deputy of Ireland, who was nominated by the King,\u00a0The Parliament met only when called by the Lord Deputy when he wanted to pass new laws or raise new taxes.<\/p>\n<p>After the rebellion of 1534, the governor was almost always English born with limited exception. Most governors were lord deputies or deputy lieutenants.\u00a0Apart from the long vice royalties of two Dukes of Ormond from 1643 to 1713, no one of Irish birth was appointed thereafter as Lord Deputy. The important posts within the Irish administration were reserved to English natives.<\/p>\n<p>Positions in the church, judicial bench and civil administration were routinely conferred on persons of English and later British birth.\u00a0This contrasted markedly with Scotland where its own native ecclesiastical system and judicial system survived and were staffed locally.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Stuart_Era\"><\/span>Stuart Era<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The accession of James VI of Scotland as James I of England on the death of his cousin Elizabeth I provided a parallel for the relationship.\u00a0 This Stuarts were independently kings of Scotland, England and Wales and Ireland; the so-called three kingdoms.<\/p>\n<p>The 17th century commenced with the defeat of Hugh \u00a0O&#8217;Neill (Earl of Tyrone\/ Gaelic Chief) \u00a0at the end of the nine-year war in 1603 and the subsequent flight of the Earls in 1607.\u00a0 Tyrone&#8217;s rebellion had been lost after the Battle of Kinsale and a scorched\u00a0 earth \u00a0policy followed with subsequent defeats for O&#8217;Neill and O&#8217;Donnell.\u00a0 The dying \u00a0Queen Elizabeth seeing O&#8217;Neill in surrender at the end of the war authorised the Lord Deputy to offer term to the rebels.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Evolution_of_Irish_Council\"><\/span>Evolution of Irish Council<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The nature of the Irish Council changed over time. The council did not involve into a comprehensive executive. The council intermediated on draft bills from London and those emanating from the Irish parliament. Most councillors were members of one or other house of parliament and were somewhat politicised.<\/p>\n<p>The number of members of the council varied.\u00a0 At the beginning of the 18th century, it was at 56.\u00a0 However, attendance was relatively low, and business was undertaken by relatively few. The effectiveness of the \u00a0council varied considerably.\u00a0 At times it was relatively unwieldy and inefficient.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Viceroy\"><\/span>Viceroy<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Lords Deputy \/ Lord Lieutent\u00a0 employed auxiliaries to assist with the business of government.\u00a0 Much was delegated.\u00a0 From 1660s onwards, the lords lieutenant hired undertakers and surrogates to manage the affairs of the king. A function of the undertakers was to smooth the \u00a0passage of bills through parliament. Tensions rose as these surrogates and appointees sought greater powers and spoils of office in order to reward \u00a0their followers.<\/p>\n<p>In the absence of the viceroy\/lord lieutenant, notables in Dublin were requisitioned to act as lords justices.\u00a0 A troika comprising the lord chancellor, speaker of the house and the primate (Archbishop of Armagh) of the church of Ireland played a key role in government.\u00a0 Other Irish nobles and notables were included from time to time.<\/p>\n<p>By the early 18th century, the viceroy&#8217;s role was both ceremonial and administrative.\u00a0 They held court and made their impact through the scale and style of their hospitality.<\/p>\n<p>Lords lieutenant \/ viceroy might be accompanied by an entourage.\u00a0 The viceroys struck strategic alliances with persons of influence in Ireland. Some \u00a0viceroys were relatively weak.\u00a0 Petitions were made to the Crown over the head of the viceroy given his subservience and relatively weak position.<\/p>\n<p>Many Viceroys \u00a0came to Ireland only every second year and then only for the duration of the parliamentary sessions typically up to six months.\u00a0 Deputies were appointed.\u00a0 Ormond preferred to spend time in England where he doubled as Lord&#8217;s Stewart of Charles II household.\u00a0 He left Ireland to his sons Ossory and Arran.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-95\" data-postid=\"95\" class=\"themify_builder_content themify_builder_content-95 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Late Medieval Period At the start of the 16th Century, the Dublin government formally claimed jurisdiction over the whole island.\u00a0 In some cases, governors were able to obtain recognition by Gaelic chiefs of the King&#8217;s rights in Ireland.\u00a0 In practice however, the English government in Ireland was limited to the main areas under Anglo-English influence; [&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":[30],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/95"}],"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=95"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/95\/revisions"}],"predecessor-version":[{"id":104,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/95\/revisions\/104"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=95"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=95"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=95"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}