Magna Charta remains the law of the land in Ireland, even now in the Tentieth Century

The Great Charter was transmitted to Ireland in the reign of Henry III in a form somewhat different from that published by King John in England, but the latter has for centuries been held to apply to Ireland. Poyning's Act applied to Ireland the statutes lately made in England, and this description will include the statutory confirmations of the Great Charter made at various times in England. [1934] at I.R. 44 at 61.

It is a matter of historical knowledge that Tirconnaill was not conquered by England for almost four hundred years after the death of Henry II. In the Case of Tanistry (2), heard in Hil., 5 Jacobi, Sir John Davies' Reports, Dublin Edn., 1762, at p. 101, it is stated :

But as to the introduction of the common law of England into this Kingdom of Ireland, it is to be observed that as this island was not fully conquered and reduced to subjection of the crown of England, all at one time, but by parcels, and in several ages ; so the common law of England was not communicated to all the inhabitants, simul et semel, but from time to time, and to special persons and families of the Irishry, to whom the King was pleased to grant the benefit and protection of his laws." [1934] at I.R. 44 at 62.

The date at which English law was first extended to Tirconnaill may be gathered from the citations made in the Case of Tanistry Dav. Rep. 78. (Sir John Davies' Reports Dublin Edn., 1762, p. 106). After citing 40 Ed. 3, he goes on to say :--

"And although by the same statute of Kilkenny, the Brehon law, which was the common law of the Irishry, was declared to be no law, but a lewd custom, yet it was not utterly abolished among the Irish, but only defended and prohibited to be used amongst those who were of English race, and the Irish were left at large, to be ruled by their barbarous customs as they were before.

"After the making of this statute of Kilkenny, in all other statutes made in the time of the several kings, until the time of Hen. 8., where any mention is made of the troubles and wars in this kingdom, the English are called rebels, and the Irish are called enemies.

"But after the Act of 33 Hen. 8. C. I. By which it is recited, that although the King of England, by the name of Lord of Ireland, had all manner of royal power and jurisdiction in his land, yet inasmuch as he had not assumed the name and stile of King, the Irish inhabitants of this realm had not been so obedient to the King of England and his laws as by right they ought to be ; wherefore it is enacted that king Hen. 8., his heirs and successors, should always be Kings of Ireland, and have the name stile and title of king in this land, with all honours prerogatives and dignities appertaining to the state and majesty of king, as united and annexed to the imperial crown of England. After the making of this Act, the said difference of English rebels and Irish enemies is not to be found of record, but all the mere Irish were from thenceforth accepted and reputed subjects and liege-men to the kings and queens of England, and had the benefit and protection of the law of England, when they would use or demand it."

Sir John Davies interprets this Act, 33 Hen. 8., as extending the law of England to the whole of Ireland--including Donegal. So far as the English King and the Legislature had power to apply the law of England this statute (in our opinion) did apply it. There is no doubt that the statutes dealing with the dissolution of monasteries were held to apply to Tirconnaill--as witness the Inquisition of Assaroe held in 1588. But legal declaration is not the same thing as actual fact, and it is a matter of historical knowledge that large portions of Ireland did not in fact [64] adopt the use of English law. [1934] I.R. 63-64.