The history and reasons of the dependency of Ireland upon the imperial crown of the kingdom of England rectifying Mr. Molineux's state of The case of Ireland's being bound by acts of Parliament in England.
         Atwood, William, d. 1705?
      
       
         
           1698
        
      
       Approx. 303 KB of XML-encoded text transcribed from 113 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2007-01 (EEBO-TCP Phase 1).
         A26170
         Wing A4172
         ESTC R35293
         15234756
         ocm 15234756
         103243
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A26170)
         Transcribed from: (Early English Books Online ; image set 103243)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 1139:24)
      
       
         
           
             The history and reasons of the dependency of Ireland upon the imperial crown of the kingdom of England rectifying Mr. Molineux's state of The case of Ireland's being bound by acts of Parliament in England.
             Atwood, William, d. 1705?
          
           [10], 3-216 p.
           
             Printed for Dan. Brown ... and R. Smith ...,
             London :
             1698.
          
           
             Attributed to Atwood by Wing.
             Reproduction of original in Bodleian Library.
             Includes bibliographical references.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Molyneux, William, 1656-1698. -- Case of Ireland's being bound by acts of Parliament in England stated.
           Ireland -- Politics and government -- 17th century.
        
      
    
     
        2006-03 TCP
        Assigned for keying and markup
      
        2006-03 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2006-04 Judith Siefring
        Sampled and proofread
      
        2006-04 Judith Siefring
        Text and markup reviewed and edited
      
        2006-09 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
           THE
           History
           ,
           and
           Reasons
           ,
           OF
           THE
           Dependency
           of
           IRELAND
           UPON
           THE
           Imperial
           Crown
           OF
           THE
           Kingdom
           of
           ENGLAND
           .
           Rectifying
           Mr.
           Molineux's
           State
           of
           the
           Case
           of
           Ireland's
           being
           bound
           by
           Acts
           of
           Parliament
           in
           England
           .
        
         
           
             Actum
             erat
             de
             foecundissimâ
             gente
             ,
          
           
             Si
             libera
             fuisset
             .
          
           
             Plin.
             Panegyr
             .
          
        
         
           LONDON
           ,
           Printed
           for
           
             Dan.
             Brown
          
           at
           the
           Black
           Swan
           and
           Bible
           without
           Temple-Bar
           ;
           and
           
             Ri.
             Smith
          
           at
           the
           Angel
           without
           Lincolns-Inn
           Gate
           near
           the
           Fields
           ,
           1698.
           
        
      
       
         
         
         
           To
           the
           Honourable
           the
           Knights
           ,
           Citizens
           ,
           and
           Burgesses
           ,
           in
           Parliament
           Assembled
           .
        
         
           YOur
           House
           ,
           and
           they
           a
           to
           whose
           Rights
           You
           succeed
           ,
           having
           ,
           for
           several
           Ages
           ,
           been
           the
           Principal
           Support
           of
           the
           
             English
             Monarchy
          
           ;
           the
           Enemies
           to
           so
           excellent
           a
           Constitution
           have
           thought
           it
           could
           never
           be
           more
           effectually
           undermined
           ,
           than
           by
           the
           drawing
           your
           Rights
           into
           Question
           :
           and
           thus
           have
           many
           made
           〈◊〉
           their
           deceitful
           Courts
           to
           Princes
           .
        
         
           'T
           is
           not
           for
           me
           to
           determine
           ,
           whether
           Malice
           or
           Sycophantry
           have
           induced
           some
           to
           deny
           ,
           your
           
           being
           in
           any
           manner
           invested
           with
           that
           Authority
           ,
           which
           they
           officiously
           ascribe
           to
           the
           Kings
           of
           this
           Realm
           ,
           and
           their
           Council
           of
           Lords
           ,
           or
           rather
           
             Privy
             Council
          
           ;
           to
           the
           derogating
           from
           the
           Lords
           in
           Parliament
           ,
           no
           less
           than
           from
           You.
           
        
         
           I
           conceive
           it
           ,
           allowable
           for
           me
           ,
           to
           joyn
           the
           Men
           of
           this
           assurance
           with
           Dr.
           Brady
           ,
           and
           other
           Advocates
           for
           
             Despotick
             Power
          
           :
           who
           have
           contended
           ,
           that
           your
           first
           Presence
           ,
           or
           Representation
           ,
           in
           the
           
             National
             Council
          
           ,
           began
           by
           Rebellion
           in
           the
           d
           49.
           of
           
             H.
             3.
          
           which
           being
           taken
           as
           proved
           ,
           they
           conclude
           ,
           that
           Kings
           may
           as
           well
           set
           you
           aside
           ,
           as
           a
           
           Subject
           may
           any
           obligation
           extorted
           by
           threats
           and
           duress
           .
        
         
           And
           whoever
           has
           made
           any
           attempt
           towards
           the
           removing
           that
           Corner
           Stone
           for
           Tyranny
           ,
           has
           been
           sure
           to
           incur
           the
           imputation
           of
           promoting
           Anarchy
           :
           as
           if
           your
           venerable
           Body
           did
           not
           in
           the
           least
           interpose
           between
           those
           two
           Extremes
           .
        
         
           The
           fairest
           colour
           which
           the
           Men
           of
           Foreign
           Notions
           and
           Allegiance
           have
           ,
           for
           their
           premises
           ,
           is
           from
           
             King
             John's
             Charter
          
           ,
           which
           as
           they
           imagine
           ,
           has
           declared
           or
           establish'd
           the
           Tenents
           of
           the
           Crown
           in
           Chief
           ,
           to
           be
           the
           only
           legal
           Members
           of
           the
           
             Common
             Council
          
           of
           the
           Kingdom
           :
           the
           far
           different
           sense
           of
           which
           Charter
           ,
           I
           may
           well
           say
           't
           was
           my
           fortune
           to
           find
           and
           evince
           ,
           upon
           my
           
           a
           first
           enquiry
           into
           the
           Nature
           of
           our
           Government
           ;
           since
           the
           force
           of
           truth
           has
           obliged
           even
           b
           Dr.
           Brady
           to
           yield
           it
           up
           to
           me
           ,
           c
           after
           all
           the
           hard
           Words
           which
           he
           had
           given
           me
           on
           that
           occasion
           .
        
         
           Nor
           has
           he
           offered
           the
           least
           Shadow
           of
           Evidence
           against
           my
           List
           d
           from
           Domesday
           Book
           ;
           shewing
           ,
           that
           notwithstanding
           the
           supposed
           Conquest
           of
           this
           Land
           by
           
             W.
             1.
          
           they
           who
           had
           not
           forfe
           ▪
           ted
           their
           Estates
           ,
           enjoyed
           them
           upon
           or
           under
           Titles
           Priour
           to
           his
           Entrance
           ;
           without
           relation
           to
           any
           Grant
           ,
           or
           Confirmation
           from
           him
           .
        
         
         
           Permit
           me
           to
           say
           ,
           that
           the
           Researches
           in
           which
           this
           Controversy
           engaged
           me
           ,
           have
           ,
           in
           some
           measure
           ,
           enabled
           me
           to
           assert
           your
           Authority
           ,
           in
           the
           highest
           Instances
           of
           the
           exercise
           of
           Power
           ;
           aud
           to
           make
           out
           by
           Deduction
           ,
           and
           numerous
           Presidents
           ,
           what
           you
           have
           as
           't
           were
           by
           Intuition
           ;
           that
           Ireland
           ,
           as
           't
           is
           
             annexed
             to
             the
             Imperial
             Crown
          
           of
           this
           Kingdom
           ;
           is
           subjected
           to
           that
           Authority
           ,
           which
           is
           ,
           and
           must
           be
           absolute
           ;
           and
           yet
           can
           never
           be
           gaievous
           ,
           because
           of
           your
           share
           in
           it
           .
        
         
           
           Tho
           ▪
           the
           bold
           denial
           of
           this
           ,
           has
           already
           receiv'd
           your
           just
           censure
           of
           being
           
             of
             dangerous
             Consequence
             to
             the
             Crown
             ,
             and
             People
             of
          
           England
           :
           Yet
           ,
           if
           I
           may
           use
           the
           Allusion
           ,
           I
           might
           observe
           ,
           that
           't
           is
           not
           held
           improper
           to
           make
           Comments
           upon
           the
           Sacred
           
           Text
           ,
           to
           explain
           it
           to
           Vulgar
           Understandings
           :
           Which
           ,
           I
           should
           hope
           ,
           may
           plead
           in
           my
           Excuse
           ,
           if
           not
           ,
           Justification
           ,
           while
           I
           am
           proving
           ,
           that
           ,
           as
           you
           have
           rightfully
           concurred
           with
           the
           Lords
           ,
           in
           giving
           Ireland
           a
           King
           ,
           by
           filling
           the
           
             Vacant
             Throne
          
           ;
           and
           
           that
           
             Glorious
             Preserver
          
           of
           your
           Liberties
           has
           ,
           with
           the
           Advice
           and
           Consent
           of
           the
           States
           of
           
             this
             his
             Realm
          
           ,
           made
           Laws
           with
           a
           declared
           intention
           of
           binding
           Ireland
           ;
           these
           Acts
           of
           Sovereignty
           ,
           are
           not
           only
           agreeable
           to
           the
           Laws
           of
           Nature
           ,
           and
           of
           Nations
           ,
           but
           warranted
           by
           the
           
             Ancient
             Constitution
          
           of
           this
           Monarchy
           .
        
         
           The
           foundation
           of
           which
           ,
           while
           I
           have
           been
           labouring
           to
           clear
           ,
           from
           that
           Rubbish
           which
           would
           render
           it
           unstable
           ;
           it
           has
           happened
           with
           me
           ,
           as
           with
           those
           ,
           who
           having
           exhausted
           
           themselves
           in
           working
           a
           rich
           Mine
           ,
           are
           forced
           to
           leave
           the
           bright
           Oar
           to
           them
           that
           come
           after
           :
           And
           thus
           't
           is
           likely
           to
           be
           with
           those
           Collections
           which
           I
           have
           by
           me
           ,
           concerning
           the
           Fundamental
           Constitution
           of
           this
           Government
           :
           by
           which
           I
           had
           flattered
           my self
           ,
           that
           I
           must
           have
           contributed
           towards
           the
           Peace
           and
           Happiness
           of
           my
           Country
           ,
           in
           shewing
           the
           admirable
           Harmony
           that
           there
           is
           between
           the
           
             constituent
             parts
          
           of
           this
           Empire
           ;
           how
           strong
           and
           beautiful
           they
           are
           in
           their
           due
           order
           ;
           How
           conspicuous
           that
           Degree
           of
           the
           Baronage
           ,
           or
           Nobility
           of
           Engl.
           which
           you
           're
           present
           ,
           has
           been
           in
           all
           the
           Ages
           of
           this
           Monarchy
           ,
           in
           maintaining
           its
           Glory
           ;
           what
           Persuasive
           Reasons
           both
           Prince
           and
           People
           have
           ,
           to
           be
           satisfied
           with
           their
           several
           ,
           and
           yet
           common
           
           Interests
           ;
           and
           how
           little
           they
           are
           to
           be
           thought
           Friends
           to
           either
           ,
           who
           prompt
           them
           ,
           as
           the
           Learned
           Grotius
           has
           it
           ,
        
         
           
             In
             partem
             non
             suam
             involare
          
           .
           Whither
           I
           have
           been
           any
           way
           serviceable
           to
           the
           Publick
           ,
           or
           can
           yet
           serve
           it
           ,
           according
           to
           my
           Zeal
           ;
           is
           submitted
           to
           the
           
             Collective
             Wisdom
          
           of
           the
           Nation
           :
           The
           Judgment
           is
           with
           you
           ;
           who
           ,
           if
           you
           should
           not
           think
           this
           ,
           or
           any
           of
           my
           former
           
             labourous
             Effects
          
           of
           Idleness
           ,
           as
           the
           Poet
           calls
           the
           Writing
           of
           Books
           ,
           worthy
           of
           your
           Protection
           ,
           or
           Notice
           ;
           I
           doubt
           not
           will
           extend
           your
           Pardon
           ,
           to
           Endeavours
           consecrated
           to
           your
           use
           ,
           By
           ,
        
         
           
             Your
             Most
             Faithful
             and
             Affectionate
             Humble
             Servant
             ,
             W.
             Atwood
             .
          
        
      
    
     
       
         
         
           The
           History
           ,
           and
           Reasons
           of
           the
           Dependency
           of
           Ireland
           ,
           upon
           the
           Imperial
           Crown
           of
           the
           Kingdom
           of
           England
           ,
           &c.
           
        
         
           AS
           there
           's
           no
           need
           of
           staying
           for
           Publick
           Authority
           or
           Encouragement
           ,
           to
           oppose
           an
           open
           Invasion
           upon
           the
           Rights
           of
           my
           Country
           ;
           I
           cannot
           but
           think
           it
           my
           duty
           to
           make
           a
           stand
           ,
           till
           better
           help
           come
           in
           ,
           with
           Arms
           taken
           up
           on
           a
           sudden
           ;
           and
           that
           the
           rather
           ,
           since
           by
           a
           shew
           of
           Precedents
           ,
           and
           popular
           Positions
           ,
           some
           lovers
           of
           
             English
             Liberties
          
           are
           drawn
           in
           ,
           to
           join
           with
           the
           Invaders
           :
           nor
           do
           I
           wonder
           ,
           to
           find
           Sufferers
           under
           Arbitrary
           Reigns
           ,
           easy
           to
           be
           misled
           ,
           by
           a
           seeming
           *
           Advocate
           for
           mankind
           ,
           who
           undertakes
           
             the
             Cause
             of
             the
             whole
             Race
             of
          
           Adam
           .
        
         
         
           And
           yet
           to
           any
           man
           ,
           who
           will
           be
           at
           the
           least
           pains
           to
           think
           of
           Consequences
           ,
           't
           will
           be
           manifest
           ,
           that
           the
           Liberty
           which
           the
           Gentleman
           ,
           whom
           I
           oppose
           ,
           contends
           for
           ,
           
             as
             the
             inherent
             Right
             of
             all
             mankind
             ,
          
           would
           be
           a
           total
           exemption
           from
           all
           Laws
           and
           Government
           ,
           except
           such
           as
           Adam
           had
           a
           right
           to
           in
           the
           state
           of
           Nature
           :
           and
           ,
           for
           want
           of
           knowing
           who
           has
           the
           title
           of
           Descent
           from
           him
           ,
           would
           turn
           all
           Nations
           to
           such
           Commonwealths
           ,
           wherein
           every
           Paterfamiliâs
           is
           an
           independent
           Soveraign
           .
           If
           men
           were
           to
           be
           considered
           in
           such
           a
           state
           ,
           I
           will
           agree
           
           with
           him
           ,
           That
           
             on
             whatsoever
             ground
             any
             one
             Nation
             can
             challenge
             Liberty
             to
             themselves
             ,
             on
             the
             same
             reason
             may
             the
             rest
             of
          
           Adam's
           
             Children
             expect
             it
          
           .
        
         
           But
           if
           this
           be
           taken
           with
           relation
           to
           the
           present
           Governments
           in
           the
           world
           ;
           then
           ,
           suppose
           this
           Gentleman
           hold
           a
           Commonwealth
           to
           be
           the
           freest
           state
           of
           mankind
           ;
           to
           be
           uniform
           ,
           he
           must
           believe
           ,
           that
           no
           Monarchies
           ought
           to
           continue
           longer
           than
           the
           people
           should
           think
           fit
           :
           
           because
           ,
           according
           to
           his
           Maxim
           ,
           the
           People
           of
           a
           Monarchy
           have
           the
           same
           right
           to
           Liberty
           that
           the
           others
           maintain
           :
           and
           ,
           directly
           to
           the
           present
           question
           ,
           no
           nation
           ought
           to
           have
           any
           dependence
           upon
           any
           other
           Nation
           .
           And
           ,
           perhaps
           others
           
           will
           say
           ,
           
             neither
             ought
             they
             to
             have
             any
             protection
             .
          
        
         
           'T
           is
           certain
           ,
           that
           whether
           we
           consider
           the
           people
           of
           the
           same
           Nation
           ,
           or
           the
           relation
           which
           one
           Nation
           has
           to
           another
           ,
           their
           state
           or
           condition
           ,
           must
           depend
           upon
           Constitutions
           and
           Agreements
           ,
           express
           ,
           or
           tacit
           .
           Indeed
           ,
           what
           Constitutions
           and
           Agreements
           are
           binding
           ,
           and
           for
           what
           time
           ,
           will
           fall
           under
           the
           consideration
           of
           Reason
           ,
           either
           of
           it self
           ,
           or
           aided
           and
           assisted
           by
           Revelation
           .
           S.
           Paul
           having
           taught
           us
           ,
           That
           
             the
             Powers
             that
             are
             are
             ordained
             of
             God
          
           ;
           I
           should
           think
           that
           the
           
             common
             practice
             of
             the
             world
          
           (
           which
           this
           Gentleman
           admits
           to
           be
           against
           
           his
           Notions
           )
           is
           no
           small
           evidence
           of
           the
           right
           of
           Acquisitions
           made
           by
           one
           Nation
           upon
           ,
           or
           over
           another
           :
           But
           if
           these
           could
           in
           right
           
           be
           carried
           no
           further
           ,
           than
           the
           *
           
             damage
             sustained
          
           by
           the
           injured
           Nation
           ;
           the
           bounds
           of
           the
           Acquisitions
           would
           be
           very
           uncertain
           ,
           and
           desultory
           .
        
         
           That
           no
           true
           Principle
           opposes
           the
           Power
           ,
           which
           England
           claims
           and
           exercises
           ,
           over
           Ireland
           ,
           might
           be
           shewn
           in
           a
           very
           narrow
           compass
           :
           Yet
           when
           many
           glittering
           Arguments
           are
           made
           use
           of
           ,
           to
           support
           an
           unseasonable
           as
           well
           as
           groundless
           complaint
           ;
           it
           may
           be
           requisite
           to
           give
           direct
           Answers
           to
           those
           things
           which
           may
           seem
           most
           plausible
           ;
           and
           to
           lay
           such
           Foundations
           as
           may
           supersede
           the
           particular
           consideration
           of
           the
           rest
           :
           to
           which
           end
           I
           shall
           shew
           ,
        
         
           1.
           
           The
           nature
           of
           Mr.
           Molineux
           his
           Complaint
           .
        
         
           2.
           
           The
           true
           Foundation
           and
           Nature
           of
           that
           Right
           ,
           of
           which
           England
           is
           possessed
           ,
           in
           relation
           to
           Ireland
           ;
           and
           Mr.
           Molineux's
           Mistakes
           ,
           Omissions
           ,
           and
           wrong
           Comparisons
           ,
           and
           Inferences
           ,
           concerning
           it
           .
        
         
           3.
           
           That
           the
           Right
           which
           was
           at
           first
           acquired
           ,
           is
           so
           far
           from
           being
           
           departed
           from
           ,
           that
           't
           is
           rather
           strengthened
           ,
           and
           confirmed
           :
           and
           has
           been
           duly
           exercised
           ,
           as
           the
           good
           of
           England
           has
           required
           ,
           and
           in
           subordination
           to
           that
           :
           and
           ,
           even
           in
           the
           greatest
           Instances
           now
           complained
           of
           .
        
         
           4.
           
           That
           his
           Politicks
           ,
           and
           seeming
           popular
           Notions
           ,
           are
           wrong
           ,
           and
           misapplied
           .
        
         
           1
           st
           .
           Mr.
           Molineux
           would
           insinuate
           into
           his
           *
           Majesty's
           belief
           ,
           in
           his
           Dedication
           to
           him
           ,
           that
           some
           of
           late
           endeavour
           
             to
             violate
             those
             Rights
          
           and
           Liberties
           ,
           which
           the
           Irish
           ,
           or
           English
           there
           ,
           
             have
             enjoyed
             for
             above
             five
             hundred
             years
             :
          
           And
           he
           plainly
           enough
           charges
           ,
           both
           
             Kings
             ,
             Lords
          
           ,
           and
           Commons
           of
           England
           ,
           and
           that
           acting
           Parliamentarily
           ,
           not
           only
           with
           this
           endeavour
           ,
           but
           with
           actual
           violations
           of
           that
           ,
           which
           to
           him
           seems
           ,
           the
           inherent
           Right
           
             of
             all
             mankind
          
           .
        
         
           
             His
             Service
             to
          
           his
           Country
           ,
           
             and
             to
          
           all
           the
           Race
           of
           Adam
           ,
           
             he
             supposes
             to
             be
             call'd
             for
             ,
             by
          
           the
           present
           juncture
           
           of
           Affairs
           ,
           when
           the
           business
           of
           Ireland
           is
           under
           the
           consideration
           of
           both
           Houses
           of
           the
           English
           Parliament
           :
           
           
             that
             is
             ,
             as
             his
             Margin
             explains
             it
             ,
             the
             Case
             of
             the
          
           Bishop
           of
           Derry
           in
           the
           House
           of
           Lords
           ,
           and
           the
           prohibiting
           the
           exportation
           of
           the
           Irish
           Woollen
           Manufacture
           ,
           in
           the
           House
           of
           Commons
           .
        
         
           
           He
           complains
           ,
           That
           Acts
           of
           Parliament
           in
           England
           ,
           before
           the
           10
           th
           of
           H.
           4.
           and
           29
           th
           of
           H.
           6.
           had
           pretended
           to
           bind
           Ireland
           ,
           without
           any
           confirmation
           there
           ,
           tho
           they
           have
           not
           expresly
           claim'd
           this
           Right
           ▪
           
           that
           there
           are
           modern
           Precedents
           of
           English
           Acts
           of
           Parliament
           pretending
           to
           bind
           Ireland
           :
           but
           these
           are
           Innovations
           ;
           tho
           ,
           of
           his
           own
           shewing
           ,
           no
           more
           than
           was
           done
           before
           the
           
           10
           th
           of
           H
           4.
           
           But
           he
           is
           
             sorry
             to
             reflect
          
           ,
           that
           since
           the
           
             late
             Revolution
             in
             these
             Kingdoms
             ,
             when
             the
             Subjects
             of
          
           England
           
             have
             more
             strenuously
             than
             ever
             asserted
             their
             own
             Rights
             ▪
             and
             the
             Liberties
             of
             Parliaments
             ,
             it
             has
             pleased
             them
             to
             bear
             harder
             on
             their
             poor
             Neighbours
             ,
             than
             has
             ever
             yet
             been
             done
             in
             many
             Ages
             foregoing
             .
          
        
         
           
           
             The
             first
             attempt
             which
             this
          
           Gentleman
           
             complains
             of
             ,
             since
             his
             Majesty's
             happy
             accession
             to
             the
          
           
           
             Throne
             of
             these
             Kingdoms
             ,
             is
             an
             Act
             made
             ,
             in
             great
             compassion
             ,
          
           for
           Relief
           of
           the
           Protestant
           Irish
           Clergy
           :
           
             The
             next
             is
             one
          
           prohibiting
           all
           
           Trade
           and
           Commerce
           with
           
             France
             ;
             while
          
           England
           
             was
             engaged
             in
             an
             actual
             War
             ,
             of
             which
          
           Ireland
           
             was
             a
             miserable
             Seat.
             Another
             is
             the
             Act
          
           for
           the
           better
           security
           ,
           and
           relief
           of
           their
           Majesties
           Protestant
           Subjects
           in
           Ireland
           ;
           wherein
           K.
           James's
           Irish
           Parliament
           at
           Dublin
           ,
           and
           all
           Acts
           and
           Attainders
           done
           by
           them
           are
           declared
           void
           :
           
             And
             't
             is
             further
             provided
          
           ,
           That
           no
           Protestant
           shall
           suffer
           any
           Prejudice
           in
           his
           Estate
           ,
           or
           Office
           ,
           by
           reason
           of
           his
           absence
           out
           of
           Ireland
           since
           
             December
             25.
             1685.
          
           
           And
           that
           there
           should
           be
           a
           remittal
           of
           the
           King's
           Quit-Rent
           from
           
             Decemb.
             25.
             1688.
          
           to
           the
           end
           of
           the
           War.
           
             And
             the
             last
             is
             ,
             That
          
           for
           abrogating
           the
           
           Oath
           of
           Supremacy
           in
           Ireland
           ,
           and
           appointing
           other
           Oaths
           .
        
         
           
             These
             are
             the
          
           Acts
           of
           Parliament
           ,
           by
           the
           suppos'd
           submission
           to
           which
           ,
           
             he
             will
             have
             it
             ,
             that
          
           the
           Rights
           of
           the
           People
           of
           Ireland
           have
           received
           the
           greatest
           weakening
           under
           his
           Majesty's
           
           Reign
           ,
           and
           they
           are
           made
           of
           all
           his
           Majesty's
           Subjects
           the
           most
           unfortunate
           .
           
        
         
           
             These
             Acts
             are
             complained
             of
             ,
             as
             Violations
             of
             the
             Rights
             of
             a
          
           Kingdom
           a
           compleat
           and
           absolute
           in
           it self
           ,
           
             without
             any
          
           b
           subordination
           to
           England
           ,
           
             especially
             in
             relation
             to
          
           Parliaments
           :
           
             That
             they
             are
             contrary
             to
             that
          
           c
           amity
           
             which
             should
             be
             maintained
             between
          
           distinct
           Kingdoms
           ,
           or
           the
           Children
           of
           one
           common
           Parent
           ;
           which
           have
           distinct
           Rights
           ,
           and
           Inheritances
           ,
           absolutely
           within
           themselves
           :
           and
           d
           inconsistent
           with
           the
           Royalties
           ,
           and
           Preeminence
           of
           a
           separate
           and
           distinct
           Kingdom
           .
           e
           Against
           the
           common
           Laws
           of
           England
           ,
           which
           are
           in
           force
           both
           in
           England
           and
           Ireland
           ,
           by
           the
           original
           Compact
           .
           f
           Against
           the
           Statute
           Laws
           both
           of
           England
           and
           Ireland
           .
           g
           Against
           several
           Charters
           of
           the
           Liberties
           granted
           to
           Ireland
           .
           h
           Against
           the
           King's
           Prerogative
           .
           i
           Against
           the
           practice
           of
           all
           former
           Ages
           .
           k
           Against
           several
           Resolutions
           of
           the
           learned
           Judges
           of
           former
           times
           .
           
             Destructive
             of
          
           l
           Property
           .
           
           
             Introductive
             of
          
           m
           the
           greatest
           confusion
           ,
           and
           uncertainty
           imaginable
           .
           
             And
             lastly
          
           ,
           n
           inconvenient
           for
           England
           ,
           
             being
             likely
          
           to
           o
           make
           the
           Lords
           and
           People
           of
           Ireland
           think
           they
           are
           not
           well
           used
           ,
           and
           may
           drive
           them
           into
           discontent
           .
           
             And
             yet
             this
             Complaint
             must
             be
             thought
             very
             modest
             ,
             because
             ,
          
           if
           the
           Great
           Council
           
           of
           England
           shall
           resolve
           the
           contrary
           ,
           
             he
             declares
             he
             shall
          
           then
           
             believe
             himself
          
           to
           be
           in
           an
           Error
           ,
           and
           with
           the
           lowest
           submission
           ask
           pardon
           for
           his
           assurance
           .
        
         
           I
           cannot
           in
           the
           least
           question
           ,
           but
           that
           
             august
             and
             wise
             Assembly
          
           will
           use
           that
           Method
           which
           he
           refers
           to
           for
           his
           Conviction
           :
           yet
           ,
           since
           they
           are
           employed
           in
           Affairs
           of
           more
           immediate
           consequence
           ,
           than
           the
           asserting
           and
           clearing
           the
           grounds
           of
           that
           Authority
           which
           they
           have
           long
           been
           possessed
           of
           ;
           I
           shall
           think
           that
           I
           may
           do
           some
           service
           to
           my
           Country
           ,
           in
           shewing
           ,
        
         
           
           2
           ly
           The
           true
           Foundation
           of
           that
           Right
           ,
           which
           England
           is
           possessed
           of
           ,
           in
           relation
           to
           Ireland
           ;
           and
           what
           are
           Mr.
           Molineux's
           principal
           Mistakes
           ,
           
           Omissions
           ,
           and
           wrong
           Comparisons
           ,
           and
           Inferences
           ,
           concerning
           it
           .
           Here
           I
           hope
           to
           make
           it
           evident
           ,
        
         
           1.
           
           That
           he
           mistakes
           the
           Grounds
           for
           the
           submission
           of
           Ireland
           to
           H.
           2.
           as
           well
           as
           the
           Nature
           of
           it
           ;
           and
           omits
           material
           Passages
           which
           may
           illustrate
           that
           matter
           .
        
         
           2.
           
           That
           if
           he
           had
           been
           as
           conversant
           in
           Histories
           ,
           and
           Records
           ,
           as
           he
           would
           be
           thought
           ;
           he
           could
           never
           
           have
           had
           assurance
           enough
           to
           assert
           ,
           
           that
           
             England
             may
             be
             said
             much
             more
             properly
             to
             be
             conquer'd
             by
          
           W.
           1.
           than
           Ireland
           by
           H.
           2.
           
        
         
           3.
           
           That
           he
           is
           as
           much
           mistaken
           in
           his
           comparison
           between
           Scotland
           and
           Ireland
           ;
           and
           that
           matter
           of
           his
           own
           shewing
           ,
           or
           admission
           ,
           might
           have
           convinced
           him
           of
           an
           
             essential
             difference
          
           .
        
         
           
           1.
           
           This
           Gentleman
           pretends
           to
           give
           the
           History
           of
           the
           
             Expedition
             of
             the
             English
             into
             Ireland
          
           ;
           which
           he
           supposes
           to
           have
           been
           in
           the
           Reign
           of
           H.
           2.
           and
           that
           all
           the
           Right
           which
           has
           been
           acquired
           by
           England
           ,
           to
           have
           any
           Government
           ,
           or
           Superiority
           ,
           over
           that
           Nation
           ,
           
           was
           derived
           from
           within
           that
           King's
           Reign
           .
           Which
           manifests
           his
           having
           seen
           very
           little
           of
           our
           English
           Antiquities
           ;
           and
           his
           not
           attending
           to
           what
           Irish
           Acts
           of
           Parliament
           might
           have
           taught
           him
           .
        
         
           
           The
           Confessor's
           Law
           ,
           under
           the
           Title
           
             of
             the
             Rights
             and
             Appendages
             ,
             or
             Dependencies
             ,
             of
             the
             Crown
             of
          
           England
           ,
           expresly
           names
           Ireland
           as
           one
           ,
           which
           it
           supposes
           to
           have
           been
           first
           annexed
           to
           the
           Crown
           of
           England
           by
           King
           Arthur
           .
           Accordingly
           ,
           besides
           other
           Authorities
           which
           might
           be
           produced
           ,
           a
           very
           Antient
           a
           Manuscript
           in
           Latin
           Verse
           in
           the
           Cotton
           Library
           ,
           ascribed
           to
           a
           Gildas
           ,
           who
           lived
           in
           the
           Year
           860.
           speaking
           of
           several
           things
           done
           by
           
           that
           King
           in
           this
           British
           Kingdom
           ,
           says
           ;
           
             His
             ita
             dispositis
             in
             regnum
             tendit
             Ybernum
             .
          
           
             These
             things
             thus
             settled
             ,
             he
             for
             Ireland
             goes
             .
          
        
         
           Another
           b
           Manuscript
           in
           the
           Cotton
           Library
           ,
           treating
           of
           the
           number
           
           of
           the
           Cour●ies
           of
           England
           ,
           and
           the
           Countrys
           ,
           and
           Islands
           ,
           which
           
             of
             Right
          
           ,
           and
           
             without
             doubt
          
           ,
           belong
           to
           
           
             the
             Crown
             ,
             and
             Dignity
             of
             the
             Kingdom
             of
          
           Britain
           ,
           and
           the
           several
           Laws
           or
           Customs
           ,
           by
           which
           they
           were
           governed
           ;
           among
           the
           places
           subject
           to
           the
           Danelege
           ,
           mentions
           Man
           ,
           the
           Orcades
           ,
           c
           Gurth
           ,
           and
           the
           
             other
             Islands
          
           of
           the
           
             Western
             Ocean
          
           ,
           about
           or
           in
           the
           way
           towards
           Norway
           ,
           and
           Danemark
           :
           within
           which
           we
           may
           well
           think
           Ireland
           to
           have
           been
           meant
           ,
           since
           the
           
             Isle
             of
             Man
          
           is
           one
           of
           the
           Islands
           ,
           there
           taken
           to
           be
           about
           ,
           
           bordering
           upon
           ,
           or
           in
           the
           Road
           to
           Norway
           ,
           and
           Denmark
           .
        
         
           Tho
           the
           Confessor's
           Law
           places
           the
           Foundation
           of
           the
           Right
           of
           the
           Crown
           of
           England
           to
           Ireland
           ,
           in
           the
           acquisition
           of
           King
           Arthur
           ;
           it
           must
           be
           agreed
           ,
           that
           this
           was
           so
           antiquated
           ,
           and
           so
           many
           Changes
           had
           happened
           in
           the
           State
           of
           this
           Nation
           ,
           between
           his
           time
           and
           King
           Edgar's
           ,
           that
           he
           might
           well
           have
           no
           regard
           to
           any
           Right
           from
           King
           Arthur
           :
           And
           ,
           however
           ,
           might
           suppose
           himself
           to
           have
           been
           the
           first
           
           of
           the
           Anglo-Saxon
           Kings
           ,
           who
           had
           subjected
           Ireland
           ,
           or
           
             the
             greatest
             part
             of
             it
          
           ,
           to
           
             the
             Crown
             of
             England
          
           ;
           which
           that
           he
           did
           ,
           we
           have
           the
           Testimony
           of
           his
           memorable
           Charter
           .
        
         
           
             
               
                 Ego
                 Eadgarus
                 Anglorum
                 Basilius
                 ,
                 omniumque
                 Regum
                 insularum
                 ,
                 quae
                 Britanniam
                 circumjacent
                 ,
                 cunctarumque
                 nationum
                 quae
                 infra
                 eam
                 includuntur
                 ,
                 Imperator
                 ,
                 &
                 Dominus
                 ;
                 Gratias
                 ago
                 Deo
                 Omnipotenti
                 Regi
                 meo
                 ,
                 qui
                 meum
                 Imperium
                 sic
                 ampliavit
                 ,
                 &
                 exaltavit
                 ,
                 super
                 Regnum
                 patrum
                 meorum
                 ;
                 qui
                 ,
                 licet
                 Monarchiam
                 totius
                 Angliae
                 adepti
                 sunt
                 ,
                 à
                 tempore
                 Ayelstani
                 ,
                 qui
                 ,
                 primus
                 Regum
                 Anglorum
                 ,
                 Nationes
                 quae
                 Britanniam
                 incolunt
                 sibi
                 armis
                 subegit
                 :
                 nullus
                 tamen
                 eorum
                 ultra
                 ejus
                 fines
                 ,
                 Imperium
                 suum
                 dilatare
                 aggressus
                 est
                 .
                 Mihi
                 autem
                 concessit
                 propitia
                 divinitas
                 ,
                 cum
                 Anglorum
                 imperio
                 ,
                 omnia
                 Regna
                 Insularum
                 Oceani
                 ,
                 cum
                 suis
                 ferocissimis
                 Regulis
                 ,
                 usque
                 Norvegiam
                 ,
                 maximamque
                 partem
                 Hiberniae
                 ,
                 cum
                 suâ
                 nobilissimâ
                 civitate
                 Dubliniâ
                 ,
                 Anglorum
                 regno
                 subjacere
                 .
                 Quos
                 etiam
                 Armis
                 meis
                 imperiis
                 colla
                 subdere
                 ,
                 Dei
                 juvante
                 gratiâ
                 ,
                 coegi
                 .
              
               
                 
                 I
                 Edgar
                 ,
                 King
                 of
                 the
                 English
                 ,
                 and
                 Emperor
                 and
                 Lord
                 of
                 all
                 the
                 Kings
                 of
                 the
                 Islands
                 which
                 lie
                 about
                 Britain
                 ,
                 and
                 of
                 all
                 Nations
                 that
                 are
                 included
                 
                 within
                 it
                 ,
                 give
                 Thanks
                 to
                 God
                 Almighty
                 my
                 King
                 ,
                 who
                 hath
                 so
                 inlarged
                 and
                 exalted
                 my
                 Kingdom
                 above
                 the
                 Kingdom
                 of
                 my
                 Ancestors
                 ;
                 who
                 ,
                 altho
                 they
                 had
                 gain'd
                 the
                 Monarchy
                 of
                 all
                 England
                 ,
                 from
                 the
                 time
                 of
                 King
                 Athelstan
                 ,
                 who
                 was
                 the
                 first
                 of
                 the
                 Kings
                 of
                 the
                 English
                 that
                 brought
                 under
                 him
                 by
                 Arms
                 the
                 Nations
                 which
                 inhabit
                 Britain
                 :
                 yet
                 none
                 of
                 them
                 attempted
                 to
                 stretch
                 his
                 Empire
                 beyond
                 its
                 bounds
                 .
                 But
                 the
                 propitious
                 Divinity
                 has
                 granted
                 me
                 ,
                 with
                 the
                 Empire
                 of
                 the
                 English
                 ,
                 to
                 put
                 under
                 the
                 Dominion
                 of
                 the
                 English
                 ,
                 all
                 the
                 Kingdoms
                 of
                 the
                 Isles
                 of
                 the
                 Ocean
                 ,
                 with
                 their
                 fiercest
                 little
                 Kings
                 ,
                 as
                 far
                 as
                 Norway
                 ,
                 and
                 the
                 greatest
                 part
                 of
                 Ireland
                 ,
                 with
                 its
                 most
                 noble
                 City
                 Dublin
                 :
                 Even
                 all
                 those
                 ,
                 by
                 the
                 help
                 of
                 God's
                 Grace
                 ,
                 I
                 have
                 compell'd
                 to
                 submit
                 their
                 Necks
                 to
                 my
                 Commands
                 .
              
            
          
        
         
         
           From
           this
           time
           't
           will
           be
           evident
           ,
           to
           any
           who
           observe
           the
           stiles
           of
           our
           Kings
           ,
           till
           H.
           II's
           time
           ,
           that
           the
           Authority
           of
           England
           over
           Ireland
           was
           taken
           to
           be
           included
           under
           the
           stile
           of
           King
           of
           the
           English
           Saxons
           ,
           of
           Britain
           ,
           of
           the
           Island
           of
           Albion
           ,
           or
           the
           like
           :
           not
           but
           that
           ,
           for
           several
           
           Reigns
           before
           the
           time
           of
           H.
           II.
           Parliaments
           ,
           in
           which
           the
           King's
           Charters
           pass'd
           ,
           were
           often
           careful
           to
           have
           the
           stile
           more
           expressive
           of
           the
           Title
           to
           the
           Dominions
           out
           of
           England
           .
           For
           instances
           of
           both
           kinds
           :
        
         
           Edgar
           ,
           after
           the
           Charter
           above
           cited
           stiles
           himself
           ,
        
         
           
             
               
                 Basileus
                 dilectae
                 Insulae
                 Albionis
                 ,
                 subditis
                 nobis
                 sceptris
                 Regum
                 Scottorum
                 ,
                 Cumbrorumque
                 ac
                 Britonum
                 ,
                 &
                 omnium
                 circumcirca
                 Regionum
                 .
              
               
                 
                 King
                 of
                 the
                 Beloved
                 Island
                 of
                 Albion
                 ,
                 the
                 Scepters
                 of
                 the
                 
                 Kings
                 of
                 the
                 Scots
                 ,
                 the
                 Cumbers
                 ,
                 and
                 the
                 Britons
                 ,
                 being
                 
                 subject
                 to
                 us
                 ,
                 and
                 of
                 all
                 the
                 Regions
                 round
                 about
                 .
              
            
          
        
         
           In
           another
           ;
           
             
               
                 a
                 Basileus
                 Anglorum
                 ,
                 &
                 Imperator
                 Regum
                 Gentium
                 .
              
               
                 King
                 of
                 the
                 English
                 ,
                 and
                 Emperor
                 of
                 the
                 Kings
                 of
                 Nations
                 .
              
            
          
        
         
           After
           this
           King
           Ethelred
           stiles
           himself
           sometimes
           ;
           
             
               
                 b
                 Ego
                 Adelred
                 totius
                 Albionis
                 Monarchiam
                 gubernans
                 .
              
               
                 I
                 Athelred
                 governing
                 the
                 Monarchy
                 of
                 all
                 
                   Albion
                   ▪
                
              
            
          
        
         
           Subscribes
           ,
           
             
               
                 Rex
                 Anglorum
                 .
              
               
                 King
                 of
                 the
                 English
                 .
              
            
          
        
         
         
           Sometimes
           ,
           
             
               
                 a
                 Ego
                 Athelred
                 totius
                 Britanniae
                 Basileus
                 .
              
               
                 I
                 Athelred
                 King
                 of
                 all
                 Britain
                 .
              
            
          
        
         
           Sometimes
           ,
           
             
               
                 b
                 Ego
                 Ethelred
                 Britanniae
                 totius
                 Anglorum
                 Monarchus
                 .
              
               
                 I
                 Ethelred
                 Monarch
                 of
                 all
                 the
                 Britain
                 of
                 the
                 English
                 .
              
            
          
        
         
           Sometimes
           ,
           
             
               
                 c
                 Ego
                 Ethelred
                 totius
                 Insulae
                 .
              
               
                 I
                 Ethelred
                 King
                 of
                 the
                 whole
                 Island
                 .
              
            
          
        
         
           Subscribes
           ,
           
             
               
                 Rex
                 &
                 Rector
                 Angulsexna
                 .
              
               
                 King
                 and
                 Ruler
                 of
                 the
                 Anglo-Saxons
                 .
              
            
          
        
         
           That
           Ireland
           and
           other
           Kingdoms
           and
           Dominions
           ,
           were
           included
           within
           this
           stile
           ,
           will
           appear
           by
           other
           Charters
           of
           the
           same
           King.
           Thus
           he
           stiles
           himself
           ,
           
             
               
                 d
                 Totius
                 Anglorum
                 Gentis
                 Basileos
                 ,
                 caeterarumque
                 Nationum
                 in
                 circuitu
                 persistentium
                 ,
                 primatum
                 gerens
                 .
              
               
                 King
                 of
                 all
                 the
                 English
                 Nation
                 ,
                 and
                 having
                 the
                 Supremacy
                 over
                 the
                 other
                 Nations
                 living
                 round
                 about
                 .
              
            
          
        
         
         
           At
           another
           time
           he
           stiles
           himself
           ;
           
             
               
                 a
                 Ego
                 Ethelred
                 Rex
                 Anglorum
                 ,
                 aliarumque
                 gentium
                 in
                 circuitu
                 persistentium
                 .
              
               
                 I
                 Ethelred
                 King
                 of
                 the
                 English
                 ,
                 and
                 other
                 Nations
                 living
                 round
                 about
                 .
              
            
          
        
         
           And
           the
           same
           stile
           b
           he
           uses
           in
           the
           Year
           1001.
           tho
           ,
           as
           appears
           above
           ,
           in
           another
           Charter
           of
           the
           same
           Year
           ,
           he
           stiles
           himself
           only
           
             King
             of
             the
             whole
             Island
          
           .
           And
           in
           another
           ,
           c
           at
           the
           beginning
           of
           his
           Reign
           ,
           only
           
             King
             of
             the
             English
          
           .
        
         
           W.
           I.
           generally
           stiles
           himself
           no
           more
           than
           
             King
             of
             the
             English
          
           ,
           or
           
             King
             of
             the
             English
          
           ,
           and
           
             Duke
             of
             Normandy
          
           .
           Yet
           ,
           as
           one
           of
           his
           Charters
           has
           it
           ,
           he
           was
           d
           
             the
             most
             powerful
             of
             all
             the
             Kings
             of
             that
             time
             ,
             ruling
             the
             greatest
             Empire
             of
          
           England
           .
           That
           other
           Nations
           were
           then
           held
           to
           be
           Dependencies
           upon
           the
           Kingdom
           of
           England
           ,
           appears
           by
           a
           Charter
           of
           his
           in
           the
           15
           th
           of
           his
           Reign
           ,
           which
           begins
           ;
           
             
               
                 e
                 Ego
                 Gulielmus
                 Deo
                 disponente
                 rex
                 Anglorum
                 ,
                 caeterarumque
                 gentium
                 circumquaque
                 persistentium
                 Rector
                 ,
                 &
                 Dux
                 Normannorū
                 .
              
               
                 I
                 William
                 by
                 God's
                 Disposal
                 King
                 of
                 the
                 English
                 ,
                 and
                 Ruler
                 of
                 the
                 rest
                 of
                 the
                 Nations
                 round
                 about
                 ,
                 and
                 Duke
                 of
                 Normandy
                 .
              
            
          
        
         
         
           After
           his
           time
           his
           Successors
           ,
           till
           H.
           2.
           left
           the
           Dependencies
           of
           England
           out
           of
           their
           Stile
           ,
           adding
           only
           other
           Dominions
           ,
           which
           they
           had
           as
           distinct
           and
           independent
           .
        
         
           Thus
           H.
           1.
           to
           mention
           no
           other
           ,
           stiles
           himself
           King
           of
           the
           English
           ,
           and
           Duke
           of
           Normandy
           ;
           but
           before
           the
           death
           of
           his
           Brother
           Robert
           ,
           only
           *
           King
           of
           the
           English
           .
        
         
           Not
           here
           to
           bring
           other
           Evidences
           ,
           of
           the
           continuance
           of
           the
           Superiority
           over
           Ireland
           ;
           to
           turn
           †
           Mr.
           Molineux
           
           his
           Argument
           upon
           him
           ,
           if
           I
           shew
           the
           Church
           of
           Ireland
           to
           have
           been
           then
           dependent
           upon
           ,
           or
           under
           the
           Church
           of
           England
           ,
           he
           must
           not
           deny
           but
           the
           State
           was
           too
           .
        
         
           Archbishop
           Parker
           ,
           who
           must
           be
           *
           allowed
           to
           have
           seen
           and
           understood
           the
           Evidences
           of
           the
           Rights
           of
           the
           See
           of
           Canterbury
           ,
           and
           is
           agreed
           to
           
           be
           a
           faithful
           Collector
           ,
           speaking
           of
           the
           time
           of
           H.
           1.
           shews
           ,
           that
           upon
           the
           vacancy
           of
           the
           Bishoprick
           of
           
             Waterford
             ,
             Murchertach
          
           King
           of
           Ireland
           ,
           with
           
             the
             Bishops
             ,
             all
             the
             Nobility
             ,
          
           and
           the
           Clergy
           ,
           and
           People
           of
           the
           Island
           ,
           sent
           to
           Anselm
           Archbishop
           of
           Canterbury
           ,
           desiring
           
             
               
                 Quatenus
                 ipse
                 ,
                 primatûs
                 quem
                 super
                 eos
                 gerebat
                 potestate
                 ,
                 &
                 quâ
                 fungebatur
                 Apostolicâ
                 fretus
                 Authoritate
                 ,
                 sanctae
                 Christianitati
                 ,
                 ac
                 necessariae
                 plebium
                 utilitati
                 eis
                 subveniret
                 .
              
               
                 That
                 by
                 the
                 Power
                 of
                 the
                 Supremacy
                 which
                 he
                 had
                 over
                 them
                 ,
                 and
                 the
                 Apostolical
                 Authority
                 which
                 he
                 enjoyed
                 ,
                 he
                 would
                 be
                 aiding
                 to
                 holy
                 Christianity
                 ,
                 and
                 the
                 necessities
                 of
                 the
                 people
                 .
              
            
          
        
         
           *
           At
           their
           request
           ,
           he
           upon
           the
           death
           of
           the
           Bishop
           of
           Dublin
           ,
           consecrated
           one
           Malchus
           ,
           whose
           Bishoprick
           †
           Pope
           Eugenius
           raised
           into
           an
           Arbishoprick
           :
           But
           notwithstanding
           the
           Popes
           ,
           Eugenius
           and
           Adrian
           ,
           had
           
           constituted
           Archbishops
           there
           ;
           yet
           they
           all
           acknowledged
           𝄁
           the
           Supremacy
           of
           the
           See
           of
           
             Canterbury
             in
             all
             things
          
           .
        
         
         
           And
           after
           Archbishop
           Parker
           had
           enumerated
           33
           Bishopricks
           in
           Ireland
           ,
           he
           adds
           ,
           
             
               
                 *
                 Hi
                 omnes
                 33
                 Episcopatus
                 ,
                 usitato
                 &
                 antiquissimo
                 regni
                 jure
                 ,
                 ac
                 instituto
                 ,
                 Cantuar
                 ▪
                 sedi
                 ut
                 Metropoli
                 parent
                 .
              
               
                 All
                 these
                 33
                 Bishopricks
                 ,
                 by
                 the
                 accustomed
                 and
                 most
                 antient
                 Right
                 and
                 Constitution
                 of
                 the
                 Kingdom
                 ,
                 obey
                 the
                 See
                 of
                 Canterbury
                 as
                 the
                 Metropolis
                 .
              
            
          
        
         
           If
           it
           were
           doubtful
           whether
           he
           meant
           that
           this
           Right
           was
           ,
           by
           the
           antient
           Constitution
           of
           the
           Kingdom
           of
           England
           ,
           the
           former
           Authorities
           make
           it
           evident
           that
           it
           was
           .
           However
           I
           shall
           confirm
           them
           with
           two
           more
           .
        
         
           
           Gervace
           of
           Canterbury
           ,
           who
           lived
           in
           the
           time
           of
           H.
           2.
           speaking
           of
           Lawrence
           Archbishop
           of
           Canterbury
           ,
           who
           succeeded
           the
           reputed
           English
           Apostle
           Austin
           ,
           says
           ,
        
         
           
           He
           not
           only
           took
           care
           of
           the
           
             new
             Church
          
           gathered
           out
           of
           the
           English
           ,
           
           but
           of
           the
           
             old
             British
             Inhabitants
          
           ;
           and
           also
           took
           care
           of
           his
           
             pastoral
             Charge
             over
             the
             Scots
          
           ,
           who
           inhabit
           Ireland
           ,
           an
           Island
           very
           near
           Britain
           .
        
         
           
           Bromton
           ,
           an
           Author
           who
           is
           cited
           by
           Mr.
           Molineux
           ,
           mentioning
           the
           Dispute
           about
           Superiority
           ,
           in
           the
           
             Great
             Council
          
           ,
           or
           Parliament
           at
           Winchester
           ,
           in
           the
           beginning
           of
           the
           Reign
           of
           W.
           1.
           between
           Lanfranc
           Archbishop
           of
           Canterbury
           ,
           and
           the
           then
           Archbishop
           of
           York
           ,
           says
           *
           ,
           
             
               
                 Ubi
                 Historia
                 Bedae
                 perlectâ
                 ,
                 monstratum
                 est
                 ,
                 à
                 tempore
                 primi
                 Augustini
                 usque
                 ad
                 ultima
                 Bedae
                 tempora
                 ,
                 quod
                 circiter
                 centum
                 quadraginta
                 annos
                 erat
                 ,
                 Cantuar.
                 Arch.
                 primatum
                 super
                 totam
                 Britannicae
                 Insulam
                 ,
                 &
                 Hiberniae
                 gessisse
                 .
              
               
                 Where
                 the
                 History
                 of
                 Bede
                 having
                 been
                 read
                 ,
                 't
                 was
                 shewn
                 that
                 from
                 Austin's
                 first
                 coming
                 to
                 the
                 end
                 of
                 Bede
                 ,
                 which
                 was
                 about
                 140
                 years
                 ,
                 the
                 Archbishop
                 of
                 Cantorbury
                 held
                 the
                 Primacy
                 over
                 the
                 whole
                 Island
                 of
                 Britain
                 ,
                 and
                 of
                 Ireland
                 .
              
            
          
        
         
           Thus
           I
           think
           't
           is
           past
           dispute
           ,
           that
           a
           superiority
           of
           Government
           ,
           
           both
           in
           Church
           and
           State
           ,
           was
           vested
           with
           the
           English
           ,
           and
           by
           consequence
           in
           the
           Crown
           of
           England
           as
           the
           Head
           ,
           from
           the
           6
           th
           of
           King
           Edgar
           at
           the
           latest
           ,
           to
           the
           year
           1151.
           when
           the
           Jurisdiction
           of
           Anselm
           Archbishop
           of
           Canterbury
           was
           submitted
           to
           by
           the
           Irish
           ,
           as
           the
           antient
           and
           undoubted
           Right
           of
           that
           See.
           
        
         
           Nor
           can
           it
           be
           imagined
           ,
           without
           some
           account
           of
           the
           Circumstances
           ,
           that
           the
           Superiority
           and
           Authority
           of
           England
           should
           have
           been
           lost
           
           in
           less
           than
           22
           years
           ,
           when
           Mr.
           M.
           supposes
           the
           Pretensions
           of
           England
           to
           have
           had
           their
           first
           ground
           .
        
         
           
           He
           will
           have
           H.
           2.
           his
           landing
           in
           Ireland
           ,
           to
           have
           been
           occasioned
           only
           by
           a
           fortunate
           Expedition
           thither
           by
           some
           of
           his
           Subjects
           a
           little
           before
           ;
           in
           assistance
           of
           some
           of
           the
           Princes
           ,
           or
           Kings
           of
           Ireland
           ,
           who
           had
           been
           oppress'd
           by
           a
           too
           powerful
           Neighbour
           ;
           and
           would
           insinuate
           as
           if
           the
           Deliverers
           were
           only
           entituled
           to
           be
           paid
           for
           the
           assistance
           which
           they
           gave
           :
           and
           he
           is
           so
           bountiful
           ,
           
           as
           to
           
             allow
             that
          
           England
           ought
           
           
             to
             be
             repaid
             all
             their
             Expences
             in
             suppressing
             the
             late
             Rebellion
             .
          
        
         
           But
           ,
           as
           England
           has
           supprest
           that
           Rebellion
           against
           the
           
             English
             Crown
          
           ,
           it
           appears
           by
           what
           has
           been
           above
           cited
           ,
           that
           the
           disputes
           between
           the
           Kings
           of
           Ireland
           only
           gave
           H.
           2.
           opportunity
           ,
           and
           encouragement
           ,
           to
           assert
           the
           Authority
           of
           the
           
             English
             Nation
          
           ,
           and
           to
           restore
           to
           the
           Crown
           the
           possession
           of
           the
           City
           of
           Dublin
           ,
           and
           so
           much
           of
           the
           
             English
             Pale
          
           as
           could
           then
           be
           gained
           ,
           with
           such
           addition
           as
           they
           could
           make
           in
           a
           just
           War
           ,
           to
           secure
           those
           Bounds
           which
           had
           been
           invaded
           ,
           and
           usurped
           upon
           by
           a
           barbarous
           Enemy
           .
        
         
           
           In
           this
           H.
           2.
           was
           not
           to
           be
           blamed
           ,
           for
           that
           Ambition
           which
           has
           carried
           Princes
           to
           make
           Conquests
           ;
           since
           his
           Expedition
           was
           no
           more
           than
           he
           was
           obliged
           to
           as
           King
           of
           England
           :
           For
           as
           the
           Confessor's
           Law
           has
           it
           ,
           
             
               
                 
                 
                 Debet
                 vero
                 de
                 jure
                 Rex
                 omnes
                 terras
                 ,
                 &
                 honores
                 ,
                 omnes
                 dignitates
                 ,
                 &
                 jura
                 ,
                 &
                 libertates
                 coronae
                 regni
                 hujus
                 ,
                 in
                 integrum
                 ,
                 cum
                 omni
                 integritate
                 ,
                 &
                 sine
                 diminutione
                 ,
                 observare
                 ,
                 &
                 defendere
                 ;
                 dispersa
                 ,
                 &
                 dilapidata
                 ,
                 &
                 omissa
                 ,
                 regni
                 jura
                 ,
                 in
                 pristinum
                 statum
                 &
                 debitum
                 ,
                 viribus
                 omnibus
                 revocare
                 .
              
               
                 But
                 the
                 King
                 ought
                 
                   of
                   right
                
                 to
                 keep
                 and
                 defend
                 all
                 the
                 Lands
                 ,
                 and
                 Honours
                 ,
                 all
                 Dignities
                 ,
                 &
                 Rights
                 ,
                 and
                 Liberties
                 ,
                 of
                 the
                 Crown
                 of
                 this
                 Kingdom
                 ,
                 with
                 all
                 integrity
                 ,
                 and
                 without
                 diminution
                 :
                 with
                 all
                 his
                 might
                 ,
                 to
                 bring
                 back
                 to
                 the
                 antient
                 and
                 due
                 state
                 ,
                 the
                 dispersed
                 ,
                 dilapidated
                 ,
                 and
                 lost
                 Rights
                 of
                 the
                 Kingdom
                 .
              
            
          
        
         
           This
           was
           not
           only
           incumbent
           upon
           the
           Prince
           ,
           but
           upon
           the
           People
           also
           ,
           who
           were
           
             sworn
             Brethren
             to
             defend
          
           
           
             the
             Kingdom
          
           against
           Strangers
           ,
           and
           against
           Enemies
           ,
           together
           with
           their
           Lord
           and
           King
           ;
           and
           
             with
             him
          
           ,
           to
           keep
           
             his
             Lands
          
           ,
           and
           Honours
           ,
           with
           all
           Fidelity
           .
        
         
           Accordingly
           ,
           when
           the
           Pope
           cited
           E.
           1.
           to
           answer
           judicially
           before
           him
           ,
           concerning
           his
           Right
           over
           Scotland
           ,
           the
           Parliament
           say
           ,
        
         
         
           
             
             
               The
               Premises
               would
               manifestly
               turn
               to
               the
            
             disherison
             of
             the
             Right
             of
             the
             Crown
             of
             the
             Kingdom
             of
             
               England
               ,
               and
               of
               the
            
             Royal
             Dignity
             ,
             and
             notorious
             subversion
             of
             the
             state
             of
             the
             said
             Kingdom
             :
             
               And
               also
               to
               the
               prejudice
               of
            
             the
             Liberties
             ,
             the
             Customs
             ,
             and
             Laws
             of
             our
             Ancestors
             ,
             
               To
               the
               observation
               of
               which
               we
            
             are
             bound
             ,
             by
             virtue
             of
             the
             Oath
             we
             have
             taken
             ;
             and
             which
             we
             will
             maintain
             with
             all
             our
             Power
             ,
             and
             ,
             by
             God's
             assistance
             ,
             will
             defend
             ,
             with
             all
             our
             might
             .
             Nor
             also
             do
             we
             ,
             or
             can
             we
             ,
             as
             indeed
             we
             may
             not
             ,
             suffer
             our
             Lord
             the
             King
             ,
             even
             tho
             he
             would
             ,
             
               to
               do
            
             ,
             or
             in
             any
             wise
             attempt
             the
             Premises
             ,
             &c.
             
          
        
         
           Here
           's
           a
           ground
           to
           justify
           H.
           2.
           and
           the
           People
           of
           England
           at
           that
           time
           ;
           which
           
             this
             Gentleman
          
           never
           thought
           of
           .
        
         
           And
           
             Giraldus
             Cambrensis
          
           ,
           an
           Author
           received
           by
           him
           ,
           and
           an
           Irish
           
           Parliament
           ,
           has
           shewn
           another
           ,
           from
           the
           nature
           of
           the
           Irish
           ,
           the
           necessity
           of
           their
           Reformation
           ,
           and
           that
           Authority
           
           which
           the
           generality
           of
           Christians
           in
           those
           dark
           Ages
           placed
           in
           the
           Pope
           .
        
         
           As
           to
           the
           Character
           of
           the
           People
           ,
           after
           Girald
           had
           condemned
           their
           Clergy
           ,
           for
           not
           doing
           their
           duty
           among
           them
           ,
           he
           says
           ,
           
             
               
                 
                 Ut
                 enim
                 de
                 perjuriis
                 eorum
                 ,
                 &
                 proditionibus
                 ,
                 de
                 furtis
                 ,
                 &
                 latrociniis
                 ,
                 quibus
                 totus
                 hic
                 populus
                 prope
                 modum
                 ,
                 immopraeter
                 modum
                 ,
                 indulget
                 ;
                 de
                 vitiis
                 variis
                 &
                 immunditiis
                 nimis
                 onormibus
                 ,
                 quas
                 topographia
                 declarat
                 ,
                 ex
                 toto
                 non
                 emittamus
                 ;
                 Gens
                 haec
                 Gens
                 spurcissima
                 ,
                 Gens
                 vitiis
                 involutissima
                 ,
                 Gens
                 omnium
                 Gentium
                 in
                 fidei
                 rudimentis
                 incultissima
                 .
              
               
                 For
                 not
                 wholly
                 to
                 omit
                 speaking
                 of
                 their
                 Perjuries
                 and
                 Treasons
                 ,
                 of
                 the
                 Thefts
                 and
                 Robberies
                 which
                 this
                 whole
                 people
                 in
                 some
                 measure
                 ,
                 rather
                 without
                 measure
                 ,
                 indulges
                 ;
                 of
                 their
                 various
                 vices
                 and
                 uncleannesses
                 too
                 enormous
                 ,
                 which
                 our
                 Topography
                 declares
                 ;
                 This
                 Nation
                 is
                 a
                 Nation
                 most
                 vile
                 ,
                 a
                 Nation
                 the
                 most
                 drown'd
                 in
                 Vices
                 ,
                 a
                 Nation
                 of
                 all
                 Nations
                 the
                 most
                 ignorant
                 in
                 the
                 Rudiments
                 of
                 Religion
                 .
              
            
          
        
         
           This
           being
           the
           nature
           of
           the
           People
           at
           that
           time
           ,
           there
           might
           seem
           ,
           
           if
           there
           had
           been
           no
           prior
           Title
           ,
           to
           have
           been
           as
           much
           a
           right
           of
           occupancy
           ,
           as
           any
           Nation
           has
           had
           by
           the
           first
           possessing
           the
           Lands
           of
           Savages
           :
           but
           if
           the
           right
           of
           civilizing
           the
           barbarous
           part
           of
           Mankind
           was
           not
           sufficient
           ,
           that
           Power
           which
           the
           then
           general
           consent
           of
           Nations
           had
           placed
           in
           the
           Pope
           ,
           joined
           with
           the
           other
           ,
           made
           a
           Title
           ,
           which
           none
           but
           the
           Barbarians
           then
           disputed
           .
           This
           H.
           2.
           had
           amply
           and
           formally
           .
        
         
           
           
             Giraldus
             Cambrensis
          
           not
           only
           informs
           us
           ,
           that
           the
           Pope
           gave
           H.
           2.
           licence
           to
           subdue
           the
           Irish
           ,
           but
           exhibits
           the
           Bull
           at
           large
           ,
           which
           ,
           reciting
           the
           King's
           Intention
           of
           entring
           the
           Island
           of
           Ireland
           ,
           
             
               
                 Ad
                 subdendum
                 populum
                 illum
                 legibus
                 ,
                 &
                 vitiorum
                 plantaria
                 inde
                 extirpanda
                 ,
                 &
                 de
                 singulis
                 domibus
                 annuam
                 unius
                 denarii
                 B.
                 Petro
                 velle
                 solvere
                 pensionem
                 ,
                 &
                 jura
                 Ecclesiarum
                 terrae
                 illius
                 illibata
                 &
                 integra
                 conservare
                 ;
              
               
                 To
                 subdue
                 that
                 people
                 to
                 Laws
                 ,
                 and
                 extirpate
                 the
                 plantations
                 of
                 Vices
                 from
                 thence
                 ;
                 and
                 that
                 he
                 will
                 pay
                 to
                 St.
                 Peter
                 the
                 annual
                 Pension
                 of
                 a
                 Penny
                 out
                 of
                 every
                 House
                 ,
                 and
                 preserve
                 the
                 Rights
                 of
                 the
                 Churches
                 of
                 that
                 Land
                 unprejudiced
                 and
                 entire
                 ;
              
            
          
        
         
         
           
             Declares
             the
             Pope's
             approbation
             of
             that
             King
             's
             attempting
             that
             Island
             ,
          
           for
           enlarging
           the
           bounds
           of
           the
           
           Church
           ,
           for
           restraining
           the
           course
           of
           Vices
           ,
           for
           correcting
           their
           Manners
           ,
           and
           sowing
           Virtues
           ,
           for
           the
           encrease
           of
           the
           Christian
           Religion
           .
        
         
           And
           this
           Pope
           desires
           the
           King's
           purpose
           may
           take
           effect
           ,
           for
           
             the
             Honour
             of
             God
             ,
             and
             Salvation
             of
             that
             Land
          
           ;
           and
           that
           the
           People
           of
           that
           Land
           should
           receive
           him
           honourably
           ,
           and
           reverence
           him
           
             as
             their
             Lord.
          
           
           
             
               
                 Jure
                 nimirum
                 e
                 contrario
                 illibato
                 &
                 integro
                 permanente
                 ,
                 &
                 salva
                 B.
                 Petro
                 &
                 S.
                 R.
                 E.
                 de
                 singulis
                 domibus
                 unius
                 denarii
                 pensione
                 .
              
               
                 The
                 Right
                 however
                 remaining
                 unprejudiced
                 and
                 entire
                 ,
                 and
                 saving
                 to
                 St.
                 Peter
                 ,
                 and
                 the
                 holy
                 Church
                 of
                 Rome
                 ,
                 the
                 pension
                 of
                 a
                 Penny
                 out
                 of
                 every
                 House
                 .
              
            
          
        
         
         
           The
           Right
           of
           the
           Church
           was
           hereby
           reserv'd
           unprejudiced
           :
           the
           Recital
           seems
           to
           make
           it
           to
           relate
           to
           the
           particular
           Churches
           ;
           and
           this
           Mr.
           Molineux
           ,
           if
           he
           please
           ,
           may
           take
           to
           amount
           to
           such
           a
           Freedom
           ,
           
           as
           exempted
           them
           from
           the
           Jurisdiction
           of
           the
           Pope
           ,
           as
           well
           as
           of
           the
           See
           of
           Canterbury
           :
           but
           he
           may
           easily
           observe
           that
           the
           Superiority
           of
           both
           is
           fully
           reserved
           ,
           and
           implied
           under
           
             jure
             illibato
             &
             integro
             permanente
          
           .
        
         
           It
           thus
           appearing
           ,
           that
           this
           Gentleman
           had
           not
           attended
           to
           the
           true
           grounds
           of
           H.
           2
           d's
           Attempt
           upon
           Ireland
           ,
           I
           shall
           consider
           what
           Submission
           the
           Irish
           made
           to
           him
           ,
           and
           in
           what
           sense
           he
           and
           his
           Parliament
           took
           it
           .
           'T
           is
           evident
           beyond
           contradiction
           ,
           that
           they
           did
           not
           submit
           to
           him
           as
           to
           a
           King
           ,
           whom
           they
           chose
           to
           govern
           according
           to
           their
           own
           Laws
           ,
           but
           as
           one
           that
           imposed
           ,
           and
           was
           to
           impose
           Laws
           upon
           them
           ▪
           Of
           this
           Mr.
           Moline●x
           seems
           so
           much
           aware
           ,
           that
           where
           he
           speaks
           of
           the
           submitting
           to
           H.
           2.
           he
           only
           mentions
           the
           general
           terms
           of
           receiving
           
           
           him
           for
           
             King
             and
             Lord
          
           of
           Ireland
           ,
           and
           swearing
           Allegiance
           to
           him
           and
           his
           Heirs
           ,
           or
           the
           like
           :
           but
           the
           swearing
           to
           the
           Laws
           of
           England
           he
           
           places
           among
           the
           Con●essions
           ;
           as
           if
           they
           were
           no
           otherwise
           subject
           to
           them
           than
           the
           People
           of
           England
           .
        
         
           
           'T
           is
           to
           be
           observed
           ,
           for
           proof
           that
           the
           Submission
           was
           truly
           voluntary
           ,
           and
           that
           there
           was
           such
           a
           Consent
           as
           is
           essential
           to
           the
           making
           Laws
           to
           bind
           Posterity
           ;
           that
           upon
           H.
           2's
           landing
           at
           Waterford
           ,
           several
           of
           the
           Irish
           Kings
           ,
           and
           almost
           all
           the
           Nobility
           of
           Ireland
           flock'd
           in
           to
           him
           ;
           
           that
           the
           Archbishops
           ,
           Bishops
           ,
           and
           Abbats
           of
           all
           Ireland
           receiv'd
           him
           for
           
             King
             and
             Lord
          
           of
           Ireland
           ,
           and
           swore
           to
           him
           and
           his
           Hei●s
           ,
           binding
           themselves
           by
           their
           Charters
           to
           perpetual
           Allegiance
           ;
           and
           that
           after
           their
           example
           ,
           and
           in
           like
           manner
           ,
           the
           Kings
           and
           Princes
           there
           present
           receiv'd
           him
           for
           Lord
           and
           King
           of
           Ireland
           .
        
         
           Upon
           which
           I
           need
           not
           observe
           the
           known
           difference
           taken
           in
           Pliny
           ,
           and
           other
           good
           Authors
           ,
           between
           Dominus
           and
           Princeps
           ;
           since
           after
           
           this
           the
           King
           held
           a
           Council
           at
           Lismore
           ,
           cited
           by
           this
           Gentleman
           in
           a
           wrong
           place
           .
           
           
             
               
                 Ubi
                 leges
                 Angliae
                 sunt
                 ab
                 omnibus
                 gratanter
                 receptae
                 &
                 juratoriâ
                 cautione
                 confirmatae
                 .
              
               
                 Where
                 the
                 Laws
                 of
                 England
                 are
                 thankfully
                 received
                 of
                 all
                 ,
                 and
                 confirm'd
                 by
                 a
                 juratory
                 Caution
                 .
              
            
          
        
         
           
           And
           for
           a
           farther
           Security
           ,
           the
           King
           possest
           himself
           of
           several
           Cities
           and
           Castles
           ,
           which
           he
           put
           into
           safe
           hands
           ;
           but
           of
           this
           Mr.
           M.
           takes
           no
           notice
           .
        
         
           As
           a
           cotemporary
           Exposition
           is
           ever
           of
           greatest
           Authority
           ,
           let
           's
           see
           whether
           the
           meaning
           of
           this
           was
           ,
           that
           Ireland
           was
           to
           be
           governd
           by
           Parliaments
           of
           its
           own
           ,
           as
           
             free
             and
             independent
          
           as
           England
           ;
           or
           that
           it
           should
           be
           governed
           by
           the
           Laws
           made
           ,
           and
           
             to
             be
             made
          
           ,
           by
           England
           .
        
         
           
           Mr.
           Molineux
           confesses
           ,
           that
           H.
           II.
           within
           five
           years
           after
           his
           Return
           from
           Ireland
           created
           his
           younger
           Son
           John
           King
           of
           Ireland
           ,
           at
           a
           Parliament
           held
           at
           Oxford
           :
           he
           might
           have
           learn'd
           from
           the
           same
           Authority
           ,
           
           that
           in
           that
           Parliament
           he
           not
           only
           disposed
           of
           several
           petty
           Kingdoms
           there
           ,
           to
           hold
           of
           him
           and
           
           John
           his
           Son
           ,
           but
           Hoveden
           has
           these
           words
           ,
           which
           comprehend
           Lands
           as
           well
           as
           Governments
           .
           
             
               
                 
                 Postquam
                 autem
                 Dominus
                 Rex
                 apud
                 Oxenford
                 ,
                 in
                 praedicto
                 modo
                 ,
                 terras
                 Hiberniae
                 &
                 earum
                 servitia
                 divisisset
                 ;
                 fecit
                 omnes
                 quibus
                 earundem
                 custodias
                 commisserat
                 ,
                 homines
                 suos
                 &
                 Johannis
                 filii
                 sui
                 devenire
                 .
              
               
                 But
                 after
                 the
                 Lord
                 the
                 King
                 had
                 at
                 Oxford
                 ,
                 in
                 manner
                 aforesaid
                 ,
                 divided
                 the
                 Lands
                 of
                 Ireland
                 and
                 their
                 Services
                 ;
                 he
                 caused
                 all
                 those
                 ,
                 to
                 whom
                 he
                 had
                 committed
                 the
                 Custody
                 of
                 them
                 ,
                 to
                 do
                 homage
                 to
                 him
                 and
                 his
                 Son
                 John
                 ,
                 &
                 to
                 swear
                 Allegiance
                 and
                 Fidelity
                 to
                 them
                 .
              
            
          
        
         
           
           Bromton
           says
           ;
           
             
               
                 Apud
                 Oxoniam
                 idem
                 Rex
                 Angliae
                 Johannem
                 filium
                 snum
                 ,
                 coram
                 Episc
                 .
                 &
                 regni
                 sui
                 Princip
                 .
                 Regem
                 Hiberniae
                 constituit
                 .
                 Et
                 postea
                 fecit
                 quosdam
                 familiares
                 suos
                 sibi
                 &
                 Johanni
                 filio
                 suo
                 ligantias
                 ,
                 fidelitates
                 &
                 homagia
                 ,
                 contra
                 omnes
                 homines
                 ,
                 facere
                 &
                 jurare
                 .
                 Quibus
                 terras
                 Hiberniae
                 dedit
                 &
                 distribuit
                 in
                 hunc
                 modum
                 ,
                 &c.
                 
              
               
                 At
                 Oxford
                 the
                 said
                 King
                 constituted
                 his
                 Son
                 John
                 King
                 of
                 Ireland
                 ,
                 before
                 the
                 Bishops
                 and
                 Princes
                 of
                 his
                 Kingdom
                 .
                 And
                 afterwards
                 he
                 made
                 some
                 of
                 his
                 Courtiers
                 to
                 do
                 and
                 swear
                 Allegiance
                 ,
                 Fidelity
                 ,
                 and
                 Homage
                 to
                 himself
                 and
                 his
                 Son
                 John
                 ,
                 against
                 all
                 men
                 :
                 To
                 whom
                 he
                 gave
                 and
                 distributed
                 the
                 Lands
                 of
                 Ireland
                 in
                 this
                 manner
                 ,
                 &c.
                 
              
            
          
        
         
         
           If
           what
           the
           King
           did
           in
           a
           Parliament
           was
           a
           Parliamentary
           Act
           ,
           here
           was
           an
           Act
           of
           the
           English
           Parliament
           ,
           which
           ,
           by
           Mr.
           Molineux's
           
           Confession
           ,
           
             impos'd
             a
             King
             upon
             Ireland
          
           ,
           to
           whom
           they
           had
           not
           sworn
           any
           otherwise
           than
           as
           they
           swore
           to
           submit
           to
           the
           English
           Laws
           :
           and
           he
           should
           have
           observed
           ,
           that
           herein
           ,
           according
           to
           his
           own
           inference
           ,
           of
           the
           making
           Ireland
           a
           separate
           Kingdom
           ,
           the
           English
           Parliament
           undertook
           to
           discharge
           the
           Oath
           
           which
           the
           Irish
           had
           taken
           to
           be
           true
           to
           H.
           2.
           and
           his
           Heirs
           ;
           and
           sutably
           to
           the
           Legislative
           Authority
           over
           Ireland
           in
           this
           Particular
           ,
           the
           same
           Parliament
           at
           Oxford
           disposed
           of
           and
           distributed
           the
           Lands
           of
           Ireland
           ,
           without
           expecting
           any
           Ratification
           from
           thence
           .
        
         
           Here
           's
           a
           Parliamentary
           and
           cotemporary
           
           Exposition
           ,
           of
           what
           this
           
           Gentleman
           calls
           the
           
             Original
             Compact
          
           between
           England
           and
           Ireland
           .
        
         
           I
           must
           agree
           ,
           tho
           he
           has
           not
           observ'd
           it
           ,
           that
           notwithstanding
           H.
           Il's
           Acquisition
           in
           Ireland
           ,
           an
           Irish
           Native
           had
           quiet
           possession
           of
           a
           Kingdom
           which
           he
           seem'd
           to
           claim
           as
           chief
           King
           over
           the
           Irish
           .
           This
           was
           Roderic
           King
           of
           Connaught
           ,
           who
           upon
           paying
           his
           Tribute
           ,
           and
           performing
           his
           appointed
           Service
           ,
           was
           ,
           a
           according
           to
           Hoveden
           ,
           to
           hold
           his
           Land
           as
           he
           held
           it
           before
           H.
           II.
           enter'd
           Ireland
           :
           which
           could
           not
           be
           true
           in
           a
           strict
           sense
           ,
           unless
           he
           were
           dependent
           upon
           the
           Crown
           of
           England
           before
           ;
           and
           however
           ,
           this
           was
           a
           Grant
           after
           a
           more
           absolute
           Acquisition
           :
           and
           b
           three
           years
           after
           ,
           Girald
           holds
           ,
           as
           do
           the
           Irish
           Statutes
           ,
           that
           he
           had
           c
           conquer'd
           the
           whole
           Land
           of
           Ireland
           .
        
         
           d
           Abbat
           Benedict
           ,
           an
           Author
           of
           that
           time
           ,
           to
           be
           seen
           in
           the
           Cotton
           Library
           ,
           speaking
           of
           H.
           II.
           says
           ,
           
             
               
                 Concedit
                 Roderico
                 ligio
                 suo
                 Regi
                 Conautae
                 ,
                 quamdiu
                 ei
                 fideliter
                 serviet
                 ,
                 ut
                 sit
                 Rex
                 sub
                 eo
                 ,
                 paratus
                 ad
                 servitium
                 suum
                 :
                 salvo
                 in
                 omnibus
                 jure
                 &
                 honore
                 Domini
                 Regis
                 Angliae
                 ,
                 &
                 suo
                 .
              
               
                 He
                 grants
                 to
                 Roderic
                 his
                 Leige-man
                 ,
                 King
                 of
                 Connaught
                 ,
                 that
                 as
                 long
                 as
                 he
                 faithfully
                 served
                 him
                 ,
                 he
                 should
                 be
                 a
                 King
                 under
                 him
                 ,
                 ready
                 for
                 his
                 Service
                 :
                 saving
                 in
                 all
                 things
                 the
                 Right
                 and
                 Honour
                 of
                 the
                 Lord
                 the
                 King
                 of
                 England
                 ,
                 and
                 his
                 .
              
            
          
        
         
         
           As
           it
           appears
           by
           Record
           ,
           by
           the
           7
           th
           of
           King
           John
           ,
           the
           King
           of
           Connaught
           
           had
           two
           thirds
           duly
           taken
           from
           him
           ,
           for
           not
           performing
           his
           Service
           ;
           or
           else
           he
           never
           had
           more
           than
           a
           third
           of
           that
           Kingdom
           granted
           ;
           for
           then
           he
           acknowledged
           that
           he
           held
           a
           3
           d
           part
           in
           the
           name
           of
           a
           
           Barony
           ,
           and
           for
           the
           other
           two
           thirds
           proffers
           the
           King
           ,
           
             
               
                 Duos
                 Cantredos
                 ,
                 cum
                 Nativis
                 eorundem
                 Cantredorum
                 ,
                 de
                 praedictis
                 duabus
                 partibus
                 ,
                 ad
                 firmandum
                 in
                 eis
                 ,
                 vel
                 faciendum
                 inde
                 voluntatem
                 suam
                 .
              
               
                 Two
                 Cantreds
                 ,
                 with
                 the
                 Natives
                 of
                 those
                 Cantreds
                 ,
                 to
                 let
                 'em
                 to
                 farm
                 ,
                 or
                 to
                 do
                 with
                 them
                 what
                 he
                 pleased
                 .
              
            
          
        
         
           Thus
           I
           take
           it
           ,
           his
           Kingdom
           was
           as
           much
           dependent
           upon
           the
           Crown
           
           of
           England
           ,
           as
           any
           Barony
           in
           Ireland
           ,
           or
           England
           ,
           and
           as
           subject
           to
           Forfeiture
           .
        
         
           
           And
           't
           is
           probable
           ,
           that
           this
           King
           was
           the
           head
           of
           the
           
             O
             Conoghors
          
           of
           Connaught
           ,
           who
           are
           ,
           3
           E.
           2.
           admitted
           to
           be
           entituled
           to
           the
           English
           Law.
           
        
         
           But
           tho
           the
           Law
           of
           England
           was
           not
           current
           beyond
           the
           English
           Pale
           ,
           or
           those
           Cantreds
           and
           Divisions
           of
           Irish
           ,
           who
           continued
           under
           Obedience
           to
           the
           English
           ;
           yet
           the
           Crown
           of
           England
           has
           ,
           from
           very
           antient
           times
           ,
           not
           only
           laid
           claim
           to
           the
           Lordship
           over
           the
           whole
           Land
           of
           Ireland
           ,
           but
           their
           Parliaments
           have
           recognized
           this
           Right
           more
           than
           once
           .
        
         
           
           Mr.
           M.
           if
           he
           had
           pleased
           ,
           might
           have
           found
           ,
           that
           Acts
           of
           Parliament
           made
           in
           Ireland
           lay
           a
           much
           earlier
           Foundation
           of
           the
           Right
           of
           the
           Crown
           of
           England
           to
           the
           Land
           of
           Ireland
           ,
           even
           than
           our
           Confessor's
           Law
           does
           .
           A
           Statute
           made
           in
           Ireland
           ,
           1
           Eliz
           among
           
             sundry
             Titles
             ,
             which
             the
             antient
             Chronicles
             in
             the
             Latin
             ,
             English
             and
             Irish
             Tongues
             ,
             alledge
             for
             the
             Kings
             of
          
           England
           to
           
           
             the
             Land
             of
          
           Ireland
           ,
           derives
           one
           from
           Gormond
           Son
           of
           Belin
           ,
           King
           of
           
             Great
             Britain
          
           .
        
         
           
           This
           King
           our
           Historians
           call
           Gurgunstus
           ,
           and
           is
           said
           to
           have
           reign'd
           in
           
             Great
             Britain
          
           375
           years
           before
           the
           
             Christian
             Aerd
             .
             Grafton
          
           ,
           
           agreeing
           with
           the
           Irish
           Statute
           ,
           tells
           us
           ,
           that
           in
           his
           return
           from
           Denmark
           ,
           he
           met
           with
           a
           Fleet
           of
           Spaniards
           ,
           which
           were
           seeking
           for
           Habitations
           ,
           to
           whom
           the
           King
           granted
           the
           Isle
           of
           Ireland
           to
           inhabit
           ,
           and
           
             to
             hold
             of
             him
             as
             their
             Sovereign
             Lord.
             
          
        
         
           The
           Statute
           made
           in
           Ireland
           ,
           13
           C.
           2.
           recognizing
           his
           Title
           ,
           has
           these
           words
           ;
           
             Recognitions
             of
             this
             
             nature
             may
             seem
             unnecessary
             where
             your
             Majesty's
             Title
             to
             this
             your
             Realm
             is
             so
             clear
             ,
             as
             that
             it
             is
             avowed
             in
             
               sundry
               Acts
               of
               Parliament
               heretofore
               made
               within
               this
               Kingdom
               ,
               in
               the
               times
               of
               your
               Majesty's
               Royal
               Progenitors
            
             of
             famous
             memory
             :
             and
             SO
             ANTIENT
             ,
             AS
             IT
             IS
             DEDUCED
             NOT
             ONLY
             FROM
             THE
             DAYS
             OF
             KING
             H.
             2.
             your
             Majesty
             's
             Royal
             Ancestor
             ,
             BUT
             
             FROM
             TIMES
             FAR
             MORE
             ANTIENT
             ,
             AS
             BY
             SUNDRY
             AUTHENTICK
             EVIDENCES
             MENTIONED
             IN
             THE
             SAID
             ACTS
             ,
             AND
             RECORDS
             OF
             THIS
             YOUR
             MAJESTY'S
             KINGDOM
             ,
             MAY
             EVIDENTLY
             APPEAR
             .
          
           Since
           Mr.
           Molineux
           allows
           Acts
           of
           Parliament
           made
           in
           Ireland
           ,
           to
           have
           full
           Authority
           ;
           I
           hope
           he
           will
           confess
           ,
           that
           he
           has
           given
           a
           very
           imperfect
           
           and
           undue
           account
           how
           Ireland
           became
           a
           Kingdom
           annexed
           to
           the
           Crown
           of
           England
           ;
           and
           thus
           ,
           not
           here
           to
           observe
           that
           he
           need
           not
           have
           gone
           so
           far
           back
           to
           shew
           how
           it
           first
           became
           a
           Kingdom
           ,
           I
           think
           I
           have
           made
           it
           evident
           ,
           that
           he
           has
           fail'd
           in
           his
           first
           Undertaking
           .
        
         
           
           2.
           
           'T
           will
           be
           as
           evident
           ,
           that
           he
           is
           no
           less
           injurious
           to
           the
           Right
           of
           the
           English
           Nation
           ,
           than
           unhappy
           in
           the
           comparison
           ,
           where
           he
           maintains
           ,
           that
           England
           
             may
             be
             said
             much
             more
          
           
           
             properly
             to
             be
             conquer'd
             by
          
           W.
           1.
           than
           Ireland
           by
           H.
           2.
           tho
           in
           this
           he
           has
           the
           Authority
           of
           Sir
           
             John
             Davis
          
           .
           I
           will
           agree
           ,
           that
           the
           word
           Conquest
           was
           in
           the
           times
           both
           of
           W.
           1.
           and
           
           H.
           2.
           of
           a
           very
           innocent
           signification
           ;
           for
           which
           he
           rightly
           cites
           Sir
           
             Henry
             Spelman
          
           ,
           and
           might
           have
           
           observed
           a
           much
           greater
           and
           antienter
           Authority
           ,
           in
           a
           Record
           of
           the
           time
           of
           King
           John
           ,
           referr'd
           to
           by
           a
           Mr.
           Petyt
           :
           wherein
           a
           younger
           Brother
           ,
           in
           a
           Suit
           between
           him
           and
           his
           elder
           Brother
           about
           Title
           to
           Land
           ,
           pleads
           ,
           that
           his
           Father
           had
           it
           
             de
             Conquestu
             suo
          
           ,
           and
           gave
           it
           him
           ;
           
           according
           to
           the
           distinction
           in
           Glanvil
           ,
           who
           wrote
           in
           the
           time
           of
           H.
           2.
           between
           b
           Questus
           ,
           the
           same
           with
           Conquestus
           ,
           and
           Haereditas
           .
           'T
           is
           certain
           the
           word
           Conquestus
           did
           not
           in
           that
           age
           imply
           any
           thing
           of
           that
           
           Power
           ,
           which
           a
           Prince
           or
           State
           might
           acquire
           ,
           by
           Force
           or
           Terror
           of
           Arms
           ,
           over
           another
           Prince
           or
           State
           ;
           and
           therefore
           I
           shall
           make
           no
           use
           of
           his
           Admission
           ,
           that
           H.
           2.
           took
           
             Conquestor
             Hiberniae
          
           into
           his
           stile
           ,
           contrary
           to
           the
           Authority
           of
           c
           Mr.
           Selden
           ,
           cited
           in
           his
           Margin
           ,
           and
           to
           which
           I
           cannot
           but
           subscribe
           .
           In
           truth
           ,
           tho
           d
           H.
           2.
           was
           stiled
           
             Lord
             of
             Ireland
          
           ,
           I
           am
           very
           well
           assured
           none
           can
           be
           found
           where
           he
           is
           
           
           stiled
           Conquestor
           .
           Yet
           Girald
           ,
           an
           Author
           of
           that
           time
           ,
           calls
           him
           ,
           
             Triumphator
             Hiberniae
          
           ,
           which
           is
           tantamount
           to
           Conqueror
           .
           But
           since
           Conquestor
           ,
           when
           first
           used
           ,
           signified
           no
           more
           than
           one
           who
           came
           to
           a
           Right
           which
           he
           claimed
           not
           by
           
             hereditary
             Descent
          
           (
           according
           to
           which
           W.
           1.
           acknowledged
           ,
           that
           he
           was
           made
           or
           created
           King
           of
           the
           English
           by
           hereditary
           
           Right
           ,
           that
           is
           ,
           as
           has
           elsewhere
           been
           shewn
           ,
           and
           may
           be
           more
           at
           large
           ,
           was
           duly
           let
           in
           to
           the
           Inheritance
           of
           the
           Crown
           )
           however
           the
           word
           Conquestor
           has
           been
           in
           following
           ages
           applied
           both
           to
           W.
           1.
           and
           to
           H.
           2.
           
           Let
           's
           consider
           a
           little
           ,
        
         
           1.
           
           Whether
           the
           English
           Nation
           ever
           submitted
           to
           W.
           1.
           as
           a
           Conqueror
           ,
           in
           a
           sense
           of
           larger
           signification
           than
           't
           was
           antiently
           used
           .
        
         
           2.
           
           Whether
           the
           Irish
           Nation
           submitted
           to
           H.
           2.
           or
           to
           any
           other
           of
           our
           Kings
           ,
           more
           absolutely
           than
           the
           English
           did
           to
           W.
           1.
           
        
         
           1.
           
           Mr.
           Molineux
           agrees
           ,
           that
           E.
           3.
           
           was
           the
           first
           that
           us'd
           the
           Aera
           of
           
             post
             Conquestum
          
           ;
           which
           indeed
           was
           no
           more
           than
           to
           distinguish
           the
           Edwards
           
           after
           the
           time
           of
           W.
           1.
           from
           the
           three
           Edwards
           which
           reign'd
           in
           England
           before
           that
           time
           :
           but
           no
           body
           that
           I
           know
           of
           ,
           has
           yet
           pretended
           that
           W.
           1.
           ever
           assumed
           the
           stile
           of
           Conqueror
           ;
           and
           I
           dare
           say
           ,
           no
           one
           Author
           of
           that
           time
           ,
           printed
           or
           in
           Manuscript
           ,
           ascribes
           it
           to
           him
           .
           I
           must
           own
           in
           some
           of
           his
           Charters
           ,
           he
           says
           ,
           he
           
             gain'd
             the
             Kingdom
             by
             the
             Sword
             ,
             having
             subdued
          
           Harold
           
             and
             his
             Accomplices
          
           :
           but
           besides
           that
           Puffendorf's
           Assertion
           
           is
           undeniable
           ;
           that
           
             after
             a
             Prince
             is
             overcome
             in
             a
             just
             War
             ,
             till
             the
             Subjects
             consent
             ,
             the
             State
             of
             War
             continues
             ;
             and
             there
             is
             no
             Obligation
             nor
             Faith
             ,
             and
             so
             no
             Dominion
             ;
             W.
          
           1.
           did
           not
           come
           to
           civilize
           and
           subdue
           the
           People
           to
           Laws
           ,
           but
           to
           turn
           out
           ,
           1
           st
           .
           An
           Usurper
           upon
           the
           Right
           of
           the
           People
           ,
           upon
           whom
           he
           had
           imposed
           himself
           without
           any
           true
           Election
           ,
           notwithstanding
           what
           several
           antient
           Authors
           have
           affirmed
           .
           And
           ,
           2
           dly
           .
           An
           Usurper
           upon
           the
           Right
           which
           W.
           1.
           had
           ,
           by
           a
           full
           and
           a
           formal
           Election
           ,
           he
           having
           been
           elected
           Successor
           in
           the
           
           life
           time
           of
           the
           Confessor
           :
           which
           I
           may
           hereafter
           shew
           ,
           with
           all
           the
           Circumstances
           ,
           but
           shall
           at
           present
           refer
           only
           to
           three
           Authorities
           out
           of
           many
           .
        
         
           
           William
           of
           Poictiers
           ,
           an
           Author
           who
           lived
           in
           the
           very
           time
           ,
           informs
           us
           ,
           that
           the
           Confessor
           sent
           an
           Embassy
           into
           
             Normandy
             ,
             suorum
             assensu
          
           ,
           by
           the
           
             assent
             of
             his
             People
          
           ;
           to
           assure
           him
           of
           the
           Succession
           .
        
         
           
           And
           
             Ordericus
             Vitalis
          
           has
           these
           words
           .
           
             
               
                 Edwardus
                 nimirum
                 propinquo
                 suo
                 W.
                 D.
                 N.
                 primo
                 per
                 Rodbertum
                 Cant.
                 summum
                 Pontisicem
                 ,
                 postea
                 per
                 eundem
                 Heraldum
                 ,
                 integram
                 Anglici
                 regni
                 mandaverat
                 concessionem
                 :
                 ipsumque
                 ,
                 concedentibus
                 Anglis
                 ,
                 fecerat
                 totius
                 juris
                 sui
                 haeredem
                 .
              
               
                 Edward
                 sent
                 an
                 Embassy
                 to
                 William
                 Duke
                 of
                 Normandy
                 ,
                 first
                 by
                 Robert
                 Archbishop
                 of
                 Canterbury
                 ,
                 afterwards
                 by
                 Harold
                 himself
                 ,
                 acquainting
                 him
                 with
                 the
                 entire
                 Grant
                 of
                 the
                 Kingdom
                 of
                 England
                 :
                 and
                 had
                 made
                 him
                 Heir
                 of
                 all
                 his
                 Right
                 ,
                 
                   with
                   the
                   Consent
                   of
                   the
                   English
                   .
                
              
            
          
        
         
           Which
           shews
           in
           what
           sense
           Ingulph
           ,
           who
           was
           Secretary
           to
           W.
           1.
           is
           to
           be
           understood
           ,
           when
           he
           says
           ,
           
             
               
                 
                 Eum
                 sibi
                 succedere
                 in
                 regnum
                 voce
                 stabili
                 sancivit
                 .
              
               
                 That
                 the
                 Confessor
                 ,
                 with
                 a
                 stable
                 Voice
                 ordained
                 ,
                 or
                 appointed
                 him
                 to
                 succeed
                 him
                 in
                 his
                 Kingdom
                 .
              
            
          
        
         
           'T
           is
           not
           to
           be
           questioned
           ,
           but
           Ingulph
           who
           was
           an
           Anglo-saxon
           ,
           and
           well
           knew
           that
           a
           King
           could
           not
           dispose
           of
           the
           English
           Crown
           ,
           without
           the
           consent
           of
           the
           
             States
             of
             the
             Realm
          
           ;
           would
           be
           understood
           by
           this
           ,
           that
           the
           
             Confessor's
             voice
          
           ,
           or
           nomination
           ,
           had
           a
           
             Parliamentary
             Sanction
          
           ;
           when
           one
           of
           the
           Norman
           writers
           looks
           upon
           Harold
           as
           a
           *
           mad-man
           ,
           for
           not
           staying
           to
           see
           what
           a
           
             publick
             Election
          
           should
           determine
           .
        
         
           That
           W.
           1.
           came
           only
           to
           turn
           out
           an
           Usurper
           ,
           is
           not
           all
           :
           but
           having
           done
           this
           with
           a
           great
           force
           ,
           the
           People
           of
           England
           would
           not
           receive
           him
           for
           King
           upon
           his
           Victory
           ,
           till
           they
           had
           treated
           and
           agreed
           with
           him
           in
           a
           †
           Convention
           at
           Berkhamstead
           ;
           where
           ,
           as
           Authors
           concur
           ,
           
             foedus
             pepigit
          
           ,
           
             he
             struck
             a
             League
             with
             them
             ;
          
           and
           was
           not
           only
           obliged
           to
           maintain
           the
           English
           
           Laws
           ,
           in
           virtue
           of
           a
           
             mutual
             Contract
          
           :
           but
           part
           of
           the
           Contract
           with
           the
           𝄁𝄁𝄁𝄁𝄁
           Prelats
           ,
           and
           the
           
             Nobility
             of
             the
             Kingdom
          
           ,
           was
           ,
           That
           he
           should
           be
           
             crown'd
             as
             the
             manner
             of
             the
             English
             Government
             requires
             .
          
           From
           those
           Authors
           who
           give
           the
           heads
           of
           his
           Oath
           ,
           administred
           by
           Aldred
           Archbishop
           of
           York
           ,
           't
           is
           plain
           ,
           that
           he
           was
           crown'd
           according
           to
           
           the
           
             standing
             Ritual
          
           in
           use
           from
           the
           Coronation
           of
           King
           Ethelred
           ,
           and
           continued
           to
           the
           Reign
           of
           H.
           1.
           without
           any
           material
           alteration
           :
           And
           Authors
           ,
           as
           well
           as
           the
           Ritual
           ,
           shew
           ,
           that
           the
           people
           were
           solemnly
           ask'd
           ,
           
             whether
             they
             would
             have
             him
             to
             reign
             over
             them
             ?
          
           to
           which
           they
           exprest
           their
           consent
           ,
           in
           such
           terms
           as
           implied
           a
           *
           Grant.
           
        
         
           But
           the
           
             Coronation
             Oath
          
           being
           only
           in
           general
           terms
           ;
           that
           King
           was
           obliged
           ,
           once
           at
           least
           ,
           if
           not
           oftner
           ,
           to
           swear
           expresly
           ,
           that
           they
           should
           enjoy
           the
           Benefit
           of
           the
           Confessor's
           Laws
           ;
           that
           Digest
           of
           so
           much
           of
           the
           common
           Law
           of
           England
           ,
           as
           was
           in
           his
           time
           thought
           necessary
           to
           be
           reduced
           to
           writing
           ;
           to
           which
           
           some
           additions
           were
           made
           by
           that
           King
           
             in
             Parliament
             ,
             for
             the
             benefit
             of
             the
             English
             .
          
        
         
           That
           there
           was
           nothing
           like
           this
           ,
           in
           the
           submission
           of
           the
           people
           of
           Ireland
           to
           H.
           2.
           has
           appeard
           above
           ;
           and
           that
           he
           acted
           according
           to
           the
           import
           of
           his
           stile
           ,
           of
           Lord
           of
           Ireland
           ,
           in
           imposing
           Laws
           ,
           and
           a
           King
           upon
           '
           em
           .
        
         
           And
           I
           would
           gladly
           know
           what
           
             Irish
             Laws
             and
             Customs
          
           he
           swore
           to
           maintain
           ?
        
         
           Tho
           ,
           therefore
           ,
           I
           am
           as
           avers
           to
           the
           common
           Notions
           of
           Conquest
           as
           this
           Gentleman
           ,
           especially
           to
           the
           supposition
           ,
           that
           God
           ,
           
             in
             giving
             
             one
             Prince
             a
             Conquest
             over
             another
             ,
             THEREBY
             puts
             one
             in
             possession
             of
             the
             others
             Dominions
             ,
             and
             makes
             the
             other's
             Subjects
             become
             his
             Subjects
             ,
             or
             his
             Slaves
             ,
             as
             they
             come
             in
             ,
             
               upon
               conditions
            
             ,
             or
             
               at
               the
               will
               of
               the
               Conqueror
               :
            
          
           Yet
           I
           must
           desire
           Mr.
           M.
           to
           explain
           those
           Acts
           of
           Parliament
           made
           in
           
           Ireland
           ,
           which
           not
           only
           seem
           to
           import
           ,
           that
           the
           Crown
           and
           Kingdom
           of
           England
           ,
           had
           made
           an
           absolute
           
           acquisition
           of
           the
           Land
           of
           Ireland
           ,
           but
           use
           that
           scurvy
           word
           ,
           Conquest
           .
        
         
           
           An
           Act
           ,
           28
           H.
           8.
           recites
           ,
           That
           the
           King's
           Land
           of
           Ireland
           ,
           heretofore
           being
           inhabired
           ,
           and
           
             in
             d●e
             obedience
             unto
             the
             King
             's
             most
             noble
             Progenitors
             ,
             Kings
             of
          
           England
           ,
           
             who
             ,
             in
             the
             right
             of
             the
             Crown
             of
          
           England
           ,
           
             had
             great
             Possessions
             ,
             Rents
             ,
             and
             Profits
             within
             the
             same
             Land
          
           ;
           had
           grown
           into
           great
           ruin
           and
           desolation
           ,
           for
           that
           
             great
             Dominions
             ▪
             Lands
             ,
             and
             Possessions
             ,
             had
             by
             the
             King's
             Grants
             ,
          
           course
           of
           Descents
           ,
           and
           otherwise
           ,
           come
           to
           Noblemen
           of
           England
           ,
           by
           whose
           negligence
           the
           
             wild
             Irish
          
           got
           into
           possession
           ;
           the
           
             Conquest
             ,
             and
             winning
             whereof
          
           ,
           in
           the
           beginning
           ,
           not
           only
           cost
           the
           
             King
             's
             noble
             Progenitors
          
           ,
           but
           also
           those
           to
           whom
           the
           Lands
           belong'd
           ,
           
             charges
             inestimable
          
           :
           and
           tho
           the
           King's
           
             English
             Subjects
          
           had
           valiantly
           opposed
           the
           Irish
           ,
           yet
           upon
           their
           absenting
           themselves
           again
           out
           of
           
             Ireland
             ,
             the
             Natives
             ,
             from
             time
             to
          
           
           
             time
             ,
             usurped
             and
             encroached
             upon
             the
             King's
             Dominions
          
           ;
           and
           particularly
           
           that
           the
           Earl
           of
           Kildare
           ,
           with
           his
           accomplices
           ,
           endeavour'd
           
             to
             take
             the
             Land
             of
          
           Ireland
           
             out
             of
             the
             King's
             possession
             ,
             and
             his
             Heirs
             thereof
             for
             ever
             to
             disherit
             .
          
        
         
           
           For
           these
           ,
           and
           divers
           other
           hurts
           and
           enormities
           ,
           like
           to
           ensue
           to
           the
           Commonweal
           of
           the
           Island
           ;
           in
           respect
           of
           the
           
             inestimable
             Charges
          
           which
           the
           King
           had
           sustained
           ,
           and
           apparently
           had
           occasion
           to
           sustain
           for
           ,
           and
           about
           
             the
             conquest
          
           ,
           and
           recontinuance
           of
           the
           same
           ,
           out
           of
           his
           Enemies
           possession
           ;
           
             tho
             the
             King
             had
             right
             to
             all
             the
             Lands
             and
             Possessions
          
           there
           referr'd
           to
           ,
           and
           tho
           he
           might
           justly
           insist
           upon
           the
           Arrears
           of
           two
           parts
           of
           the
           Land
           of
           those
           who
           had
           absented
           themselves
           ,
           which
           might
           amount
           to
           more
           than
           the
           purchase
           of
           'em
           ;
           it
           vests
           in
           the
           
             King
             and
             his
             Heirs
             ,
             as
             in
             the
             Right
             of
             the
             Crown
             of
          
           England
           ,
           only
           the
           Lands
           of
           some
           particular
           persons
           .
        
         
           
           The
           Stature
           of
           the
           Queen
           attainting
           
             Shane
             Oneile
          
           ,
           speaks
           of
           
             populous
             ,
             rich
             ,
             and
             well-govern'd
             Regions
             ,
             wealthy
             Subjects
             ,
             beautiful
             Cities
             ,
             and
             Towns
             ,
          
           of
           which
           the
           Imperial
           
           
             Crown
             of
          
           England
           had
           ,
           before
           that
           time
           ,
           been
           
             conveniently
             furnished
          
           ,
           within
           the
           
             Realm
             of
          
           Ireland
           ;
           which
           after
           being
           lost
           ,
           had
           been
           recontinued
           to
           the
           Queen
           's
           
             quiet
             possession
          
           .
        
         
           But
           the
           Rebel
           ,
           
             Shane
             Oneile
          
           ,
           refusing
           the
           name
           of
           
             a
             Subject
             ,
             and
             taking
             upon
             him
             ,
          
           as
           it
           were
           ,
           the
           Office
           of
           a
           Prince
           ,
           had
           enterprized
           great
           
             Stirs
             ,
             Insurrections
          
           ,
           and
           horrible
           Treasons
           ,
           against
           her
           Majesty
           ,
           her
           Crown
           ,
           and
           Dignity
           ;
           imagining
           to
           deprive
           her
           Highness
           ,
           her
           Heirs
           and
           Successors
           ,
           from
           the
           real
           and
           actual
           possession
           of
           her
           Kingdom
           of
           Ireland
           ,
           her
           
             true
             ,
             just
             ,
             and
             ancient
             Inheritance
             to
             her
             ,
             by
             sundry
             Descents
             ,
             and
             authentick
             strong
             Titles
             ,
             rightfully
             and
             lawfully
             devolved
             .
          
        
         
           And
           having
           mention'd
           a
           Title
           from
           Gurmond
           the
           Son
           of
           Belin
           ,
           King
           of
           
             Great
             Britain
          
           ,
           says
           ,
        
         
           
             
             Another
             Title
             is
             ,
             as
             the
             Clerk
             
               Giraldus
               Cambrensis
            
             writeth
             at
             large
             ,
             of
             
               the
               History
               of
               the
               Conquest
               of
            
             Ireland
             ,
             by
             King
             H.
             2.
             
               your
               famous
               Progenitor
            
             .
          
        
         
           The
           Title
           to
           the
           Land
           then
           recognized
           ,
           
           was
           abundantly
           strengthned
           and
           confirmed
           by
           Irish
           Parliaments
           in
           the
           time
           of
           J.
           1.
           and
           since
           .
           In
           the
           Act
           of
           Recognition
           to
           J.
           1.
           they
           tell
           
           him
           ,
           of
           his
           having
           quench'd
           the
           most
           dangerous
           and
           
             universal
             Rebellion
          
           ,
           that
           ever
           was
           rais'd
           in
           that
           Kingdom
           ;
           in
           the
           suppressing
           whereof
           ,
           the
           
             unreform'd
             parts
             of
             the
             Land
          
           ,
           which
           being
           rul'd
           by
           Irish
           Lords
           and
           Customs
           ,
           had
           never
           before
           receiv'd
           the
           Laws
           and
           civil
           Government
           of
           England
           ,
           were
           so
           broken
           and
           reduced
           to
           Obedience
           ,
           that
           all
           the
           Inhabitants
           thereof
           did
           gladly
           submit
           themselves
           to
           his
           
             Highness's
             ordinary
             Laws
             and
             Magistrates
          
           :
           which
           gave
           unto
           his
           
             Majesty
             a
             more
             entire
             ,
             absolute
             ,
             and
             actual
             possession
             ,
          
           than
           ever
           any
           of
           his
           Progenitors
           had
           .
        
         
           All
           Ireland
           being
           thus
           brought
           into
           subjection
           to
           the
           Crown
           and
           Laws
           of
           England
           ;
           K.
           James
           taking
           notice
           of
           Laws
           which
           had
           been
           made
           *
           
             after
             the
             Conquest
          
           of
           that
           Realm
           by
           his
           
             Progenitors
             Kings
             of
          
           England
           ,
           to
           keep
           up
           the
           distinction
           between
           the
           English
           and
           the
           Natives
           of
           the
           Irish
           Blood
           ;
           that
           he
           had
           then
           taken
           'em
           
           all
           into
           his
           protection
           ,
           and
           that
           they
           lived
           
             under
             one
             Law
             ,
             as
             dutiful
             Subjects
          
           of
           their
           
             Sovereign
             Lord
             and
             Monarch
          
           ,
           repeals
           those
           dividing
           Laws
           .
        
         
           
             After
             this
             the
          
           Irish
           Parliament
           *
           granted
           C.
           
             1.
             four
             Subsidies
          
           ,
           rightly
           considering
           the
           vast
           ,
           and
           almost
           infinite
           expence
           of
           Men
           ,
           Mony
           ,
           Victuals
           ,
           and
           Arms
           ,
           sent
           out
           of
           England
           thither
           ,
           by
           the
           King
           and
           his
           Royal
           Progenitors
           ,
           for
           reducing
           that
           Kingdom
           into
           the
           happy
           condition
           wherein
           it
           then
           stood
           .
        
         
           
           And
           sutably
           to
           the
           import
           of
           the
           word
           Conquest
           ,
           Acts
           of
           Parliament
           of
           that
           Kingdom
           ,
           in
           the
           Reign
           of
           that
           King
           ,
           shew
           that
           the
           Titles
           to
           Lands
           of
           the
           
             English
             Plantation
          
           ,
           or
           which
           they
           from
           time
           to
           time
           gain'd
           from
           the
           Irish
           ,
           were
           enjoy'd
           by
           Grants
           from
           the
           Crown
           :
           and
           for
           securing
           the
           Estates
           to
           
             Vndertakers
             ,
             Servitors
             ,
             Natives
          
           ,
           and
           others
           ,
           all
           the
           Lands
           in
           several
           Counties
           ,
           commonly
           call'd
           
             Plantation
             Lands
          
           ,
           were
           vested
           in
           the
           King
           ,
           his
           Heirs
           and
           Successors
           ,
           in
           
           right
           of
           
             the
             Imperial
          
           Crown
           of
           England
           and
           Ireland
           .
        
         
         
           The
           Stat.
           14
           &
           15
           C.
           2.
           holds
           the
           
           Irish
           Rebels
           to
           be
           subdued
           and
           conquer'd
           Enemies
           ,
           and
           therefore
           vests
           all
           their
           Lands
           in
           the
           Crown
           of
           England
           ,
           in
           order
           to
           make
           satisfaction
           to
           the
           
             Protestant
             Adventurers
          
           ,
           for
           the
           reducing
           that
           Kingdom
           to
           its
           due
           obedience
           ,
           and
           to
           enable
           the
           Crown
           to
           extend
           Grace
           to
           such
           as
           should
           be
           held
           deserving
           of
           it
           ;
           Reprisals
           being
           first
           made
           to
           the
           Protestant
           Proprietors
           .
        
         
           Tho
           ,
           therefore
           ,
           I
           am
           far
           from
           admiring
           the
           Lord
           Coke's
           reasoning
           in
           Calvin's
           Case
           ;
           I
           may
           here
           subjoin
           part
           of
           Mr.
           M's
           reflection
           upon
           him
           ,
           and
           refer
           him
           to
           the
           Irish
           Acts
           of
           Parliament
           to
           qualify
           his
           Censure
           of
           the
           Ld
           Coke's
           restriction
           of
           the
           Opinion
           in
           the
           Year-book
           ,
           2
           R.
           2.
           that
           the
           Irish
           are
           not
           bound
           by
           Statutes
           made
           in
           England
           ,
           because
           they
           have
           no
           
             Knights
             of
             Parliament
          
           here
           ;
           which
           ,
           
           says
           the
           Lord
           
             Coke
             ,
             is
             to
             be
             understood
             ,
             unless
             they
             be
             specially
             named
             .
          
           To
           this
           assertion
           Mr.
           Molineux
           admits
           he
           
           gives
           
             colour
             of
             reason
          
           ,
           by
           saying
           ,
           
             That
             tho
             Ireland
             be
             a
             distinct
             Dominion
             from
             England
             ,
             yet
             the
             Title
             
             thereof
             being
             by
             Conquest
             ,
             the
             same
             by
             
               Judgment
               of
               Law
            
             ,
             might
             by
             express
             words
             be
             bound
             by
             the
             Parliaments
             of
             England
             .
          
        
         
           To
           confound
           the
           Lord
           Coke
           ,
           
             
             I
             would
             fain
             know
             ,
             says
             this
             Gentleman
             ,
             what
             the
             Lord
             Coke
             means
             by
             
               Judgment
               of
               Law
            
             :
             Whether
             he
             means
             the
             Law
             of
             Nature
             and
             Reason
             ,
             or
             of
             Nations
             ,
             or
             the
             Civil
             Laws
             of
             our
             Common-wealths
             ?
          
           For
           answer
           to
           which
           I
           need
           at
           present
           only
           ask
           him
           ,
           what
           sort
           of
           Law
           he
           takes
           the
           above-cited
           Statutes
           of
           Ireland
           to
           be
           ?
           and
           shall
           afterwards
           shew
           that
           they
           have
           all
           along
           submitted
           to
           such
           a
           Conquest
           ,
           or
           Acquisition
           ,
           as
           gives
           a
           Right
           to
           the
           imposing
           of
           Laws
           .
        
         
           3.
           
           But
           since
           he
           is
           pleas'd
           to
           say
           ,
           As
           
           Scotland
           ,
           tho
           the
           King's
           Subjects
           ,
           
             claims
             an
             exemption
             from
             all
             Laws
             but
             what
             they
             assent
             to
             in
             Parliament
             ;
             so
             we
             think
             this
             our
             Right
             also
             :
          
           and
           going
           upon
           the
           supposition
           of
           Ireland
           ,
           being
           a
           Kingdom
           as
           distinct
           from
           England
           as
           Scotland
           ,
           he
           frames
           an
           Objection
           ,
           that
           however
           they
           may
           be
           restrain'd
           by
           War
           from
           doing
           
           what
           may
           be
           to
           the
           prejudice
           of
           England
           ,
           the
           stronger
           Nation
           :
           If
           this
           may
           be
           ,
           he
           asks
           ,
           why
           does
           it
           
           not
           operate
           in
           the
           same
           manner
           between
           England
           and
           Scotland
           ,
           and
           consequently
           in
           like
           manner
           draw
           after
           it
           England's
           binding
           Scotland
           by
           their
           Laws
           at
           Westminster
           ?
        
         
           As
           to
           Scotland
           ,
           not
           here
           to
           enter
           into
           the
           Dispute
           between
           the
           Lord
           Coke
           and
           the
           rest
           of
           the
           Judges
           ,
           who
           resolv'd
           Calvin's
           Case
           ,
           and
           the
           
           House
           of
           Commons
           of
           that
           time
           ;
           nor
           yet
           ,
           into
           the
           Question
           concerning
           the
           
             Scotch
             Homage
          
           ,
           whether
           't
           was
           for
           the
           Kingdom
           of
           Scotland
           ,
           or
           only
           for
           some
           Lands
           which
           their
           Kings
           held
           of
           the
           Crown
           of
           England
           :
           'T
           is
           enough
           to
           observe
           ,
           that
           during
           the
           Heptarchy
           here
           we
           often
           had
           one
           King
           ,
           who
           was
           
             Rex
             primus
          
           ,
           to
           whom
           the
           others
           were
           Homagers
           ,
           and
           obedient
           in
           the
           Wars
           for
           
             common
             Defence
          
           of
           the
           Island
           ;
           yet
           each
           King
           had
           his
           distinct
           Regalities
           ,
           and
           the
           Countrys
           their
           several
           Laws
           and
           Customs
           ,
           and
           
             distinct
             Legislatures
          
           for
           Lands
           ,
           and
           other
           Rights
           and
           Things
           within
           themselves
           .
           
           This
           't
           was
           easy
           to
           conceive
           that
           Scotland
           had
           ;
           and
           thus
           ,
           both
           there
           and
           here
           ,
           under
           the
           Heptarchy
           ,
           the
           several
           Kingdoms
           ,
           notwithstanding
           Homage
           to
           one
           King
           who
           had
           the
           Primacy
           ,
           were
           under
           separate
           Allegiances
           ,
           
           as
           the
           respective
           Subjects
           were
           not
           bound
           to
           the
           same
           Laws
           ;
           tho
           the
           States
           of
           the
           Kingdom
           did
           Homage
           as
           well
           as
           the
           King.
           When
           the
           Right
           to
           the
           Crown
           of
           Scotland
           came
           afterwards
           in
           J.
           1.
           to
           be
           in
           the
           same
           Person
           who
           had
           the
           Crown
           of
           England
           ,
           and
           that
           without
           any
           new
           Acquisition
           by
           the
           Crown
           or
           Kingdom
           of
           England
           ,
           there
           was
           a
           no
           merger
           of
           the
           less
           Crown
           :
           and
           't
           is
           certain
           that
           in
           the
           Judgment
           of
           Law
           ,
           Palatinates
           fallen
           to
           the
           Crown
           continue
           distinct
           Royalties
           .
        
         
           But
           if
           ,
           for
           the
           keeping
           a
           Kingdom
           distinct
           ,
           whether
           in
           the
           Person
           of
           the
           same
           King
           ,
           or
           as
           an
           Appendant
           to
           his
           Imperial
           Crown
           b
           ,
           a
           distinct
           Legislature
           is
           necessary
           as
           well
           as
           a
           distinct
           Jurisdiction
           ;
           then
           Wales
           ,
           which
           in
           many
           of
           our
           Statutes
           is
           call'd
           a
           Dominion
           ,
           was
           no
           
           distinct
           Dominion
           ,
           or
           Principality
           ;
           if
           it
           at
           any
           time
           continued
           in
           the
           Crown
           ,
           without
           having
           Parliaments
           of
           their
           own
           ,
           or
           being
           represented
           here
           ,
           by
           Members
           of
           their
           own
           chusing
           ▪
           but
           thus
           it
           was
           with
           Wales
           from
           the
           12
           th
           c
           of
           E.
           1.
           to
           the
           34
           th
           of
           H.
           8.
           in
           right
           of
           E.
           1
           st's
           Conquest
           ,
           as
           Sir
           
             John
             Davis
          
           ,
           or
           the
           Judges
           in
           his
           time
           call
           the
           Acquisition
           of
           that
           Dominion
           ;
           and
           as
           't
           is
           there
           ;
           
             E.
             1.
             changed
             their
             Laws
             and
             Customs
             as
             he
             had
             express'd
             in
             his
             Charter
             ,
             or
             the
             Statute
             of
             Rutland
             which
             follows
             :
          
           
             
               
                 Divinâ
                 providentiâ
                 terram
                 Walliae
                 cum
                 incolis
                 suis
                 prius
                 nobis
                 jure
                 feodali
                 subjectam
                 ,
                 in
                 proprietatis
                 nostrae
                 dominium
                 totaliter
                 &
                 cum
                 integritate
                 convertit
                 ,
                 &
                 coronae
                 regni
                 nostrae
                 annexit
                 .
              
               
                 By
                 the
                 Divine
                 Providence
                 
                 the
                 Land
                 of
                 Wales
                 ,
                 with
                 its
                 Inhabitants
                 ,
                 before
                 subject
                 to
                 us
                 by
                 feudal
                 Right
                 ,
                 we
                 have
                 turn'd
                 wholly
                 and
                 entirely
                 into
                 the
                 Dominion
                 of
                 our
                 Propriety
                 ,
                 and
                 annexed
                 it
                 to
                 the
                 Crown
                 
                 of
                 our
                 Kingdom
                 .
              
            
          
        
         
           And
           as
           to
           their
           Laws
           and
           Customs
           ;
           
             
               
                 
                 Quasdam
                 de
                 consilio
                 procerum
                 regni
                 nostri
                 delevimus
                 ,
                 quasdam
                 permisimus
                 ,
                 quasdam
                 correximus
                 ,
                 ac
                 etiam
                 quasdam
                 alias
                 adjiciendas
                 &
                 faciendas
                 decrevimus
                 .
              
               
                 Some
                 ,
                 by
                 the
                 Counsel
                 of
                 the
                 Peers
                 of
                 our
                 Kingdom
                 ,
                 we
                 have
                 abrogated
                 ,
                 some
                 we
                 have
                 permitted
                 ,
                 some
                 we
                 have
                 corrected
                 ,
                 and
                 besides
                 some
                 others
                 we
                 have
                 added
                 and
                 decreed
                 to
                 be
                 put
                 in
                 execution
                 .
              
            
          
        
         
           Here
           is
           a
           Title
           ,
           understood
           at
           that
           time
           ,
           of
           taking
           a
           Forfeiture
           for
           Rebellion
           against
           the
           Lord
           of
           the
           Fee
           ;
           and
           in
           consequence
           of
           this
           the
           King
           and
           his
           Peers
           ,
           in
           Parliaments
           ,
           took
           upon
           them
           to
           exercise
           a
           Legislative
           Power
           over
           Wales
           .
        
         
           But
           notwithstanding
           that
           Wales
           was
           thus
           united
           and
           annexed
           to
           the
           Imperial
           Crown
           of
           England
           ,
           and
           absolutely
           subjected
           to
           its
           Legislature
           ,
           yet
           ,
           as
           is
           held
           in
           Davis's
           Reports
           ,
           
           this
           Principality
           of
           Wales
           ,
           not
           being
           govern'd
           by
           the
           common
           Law
           ,
           was
           a
           Dominion
           by
           it self
           ,
           and
           had
           its
           proper
           Laws
           and
           Customs
           .
        
         
           That
           Report
           shews
           Wales
           ,
           by
           reason
           of
           these
           different
           Laws
           and
           
           Customs
           ,
           to
           be
           more
           distinct
           and
           separate
           from
           the
           Kingdom
           of
           England
           ,
           than
           Ireland
           is
           ;
           and
           that
           a
           Tenure
           of
           the
           Prince
           of
           Wales
           should
           not
           after
           its
           reduction
           under
           the
           Subjection
           of
           England
           ,
           become
           a
           Tenure
           of
           the
           Crown
           in
           chief
           ,
           but
           that
           it
           should
           be
           so
           in
           relation
           to
           Tenures
           of
           a
           County
           Palatine
           in
           Ireland
           ,
           as
           well
           as
           England
           ,
           because
           such
           a
           County
           in
           either
           Land
           was
           originally
           a
           parcel
           of
           the
           Realm
           ,
           
           
             and
             derived
             from
             the
             Crown
             ,
             and
             was
             always
             govern'd
             by
             the
             Law
             of
             England
             ;
             and
             the
             Lands
             there
             were
             held
             by
             Services
             and
             Tenures
             ,
             of
             which
             the
             common
             Law
             takes
             notice
             ,
             altho
             the
             Lords
             have
             a
             separate
             Jurisdiction
             ,
             and
             Seigniory
             separate
             from
             the
             Crown
             .
          
           But
           that
           Tenure
           in
           Chief
           in
           Ireland
           ,
           as
           well
           as
           England
           ,
           could
           be
           no
           other
           than
           of
           the
           Crown
           of
           England
           ,
           appears
           not
           only
           by
           the
           Grants
           to
           the
           
             Electors
             Palatine
          
           ,
           or
           
             Lords
             Marchers
          
           of
           Ireland
           ,
           but
           in
           that
           Ireland
           was
           not
           raised
           into
           a
           Kingdom
           till
           H.
           8's
           time
           .
        
         
           The
           mention
           of
           Palatinates
           may
           
           
           well
           occasion
           a
           Comparison
           between
           the
           Land
           of
           Ireland
           ,
           and
           the
           
             County
             Palatine
             of
             Chester
          
           ,
           a
           distinct
           Royalty
           in
           the
           Principality
           of
           Wales
           :
           that
           had
           its
           Parliaments
           within
           it self
           ,
           as
           't
           is
           very
           probable
           ,
           from
           before
           the
           time
           of
           W.
           1.
           it
           being
           certain
           ,
           that
           
             Hugh
             Lupus
          
           enjoyed
           that
           Earldom
           by
           Judgment
           of
           the
           Lords
           ,
           if
           not
           the
           Great
           Council
           in
           the
           time
           of
           W.
           1.
           and
           their
           Parliaments
           may
           be
           traced
           from
           within
           the
           time
           of
           
           H.
           3.
           downwards
           to
           their
           first
           having
           Representatives
           in
           Parliaments
           of
           the
           Kingdom
           ,
           34
           H.
           8.
           
        
         
           Their
           
             provincial
             Parliaments
          
           were
           chiefly
           ,
           if
           not
           only
           ,
           for
           the
           granting
           Aids
           to
           the
           Crown
           :
           but
           notwithstanding
           their
           being
           represented
           in
           Parliaments
           at
           home
           ,
           yet
           Laws
           were
           made
           here
           in
           the
           superior
           Parliament
           ,
           for
           the
           governing
           the
           Inhabitants
           of
           the
           County
           of
           Chester
           .
        
         
           
           Now
           ,
           without
           considering
           whether
           Cheshire
           was
           a
           Colony
           from
           England
           ,
           or
           from
           Wales
           ,
           or
           mix'd
           ,
           or
           else
           a
           place
           exempt
           without
           regard
           to
           the
           being
           any
           Colony
           ;
           I
           may
           well
           hold
           ,
           that
           tho
           from
           before
           the
           
           time
           of
           W.
           1.
           they
           had
           the
           privilege
           of
           being
           tax'd
           only
           by
           themselves
           ,
           or
           with
           their
           own
           Consent
           :
           yet
           their
           Parliament
           was
           subordinate
           to
           the
           Great
           Council
           of
           the
           Kingdom
           of
           England
           ;
           and
           't
           was
           no
           violation
           of
           the
           Right
           of
           their
           Parliament
           ,
           for
           the
           National
           Council
           to
           give
           them
           Laws
           for
           their
           better
           Government
           ,
           and
           to
           restrain
           'em
           from
           acting
           to
           the
           prejudice
           of
           the
           Crown
           and
           Kingdom
           of
           England
           :
           neither
           was
           this
           any
           diminution
           to
           the
           Prerogative
           of
           the
           Crown
           .
           The
           instance
           of
           Chester
           I
           may
           well
           bring
           to
           this
           point
           ,
           being
           authorized
           by
           the
           Learned
           Judg
           Shardlow
           in
           the
           time
           of
           E.
           2.
           
        
         
           
           In
           an
           Action
           of
           Debt
           in
           the
           King's-Bench
           here
           ,
           upon
           a
           Bond
           seal'd
           at
           Chester
           ,
           that
           learned
           Judg
           says
           ;
           
             Chester
             is
             out
             of
             our
             Jurisdiction
             here
             ,
             insomuch
             that
             there
             is
             not
             any
             Minister
             in
             that
             County
             answerable
             here
             for
             what
             he
             has
             done
             .
             Of
             a
             Deed
             done
             out
             of
             the
             Jurisdiction
             here
             ,
             or
             out
             of
             the
             Realm
             ,
             as
             at
             Paris
             ,
             or
             elsewhere
             beyond
             Sea
             ,
             I
             ought
             not
             
             to
             answer
             .
          
           The
           Counsel
           urges
           ,
           that
           
             
               the
               Power
               here
               extends
               throughout
               the
               Realm
               of
            
             England
             ,
             and
             to
             a
             Deed
             done
             within
             the
             Realm
             of
             England
             you
             ought
             to
             answer
             ;
             and
             Chester
             is
             within
             England
             .
          
        
         
           But
           Shardlow
           insists
           upon
           his
           former
           Judgment
           ,
           and
           adds
           ,
           
             IRELAND
             IS
             WITHIN
             THE
             REALM
             ;
             and
             to
             a
             Deed
             committed
             there
             ,
             
               I
               shall
               not
               answer
               here
            
             .
             Also
             Duresm
             is
             within
             England
             ,
             yet
             I
             shall
             not
             answer
             at
             all
             here
             ;
             
               because
               the
               Court
               cannot
               try
               the
               Fact
               if
               denied
               .
            
          
        
         
           This
           shews
           plainly
           ,
           that
           at
           that
           time
           Ireland
           was
           as
           much
           part
           of
           this
           Realm
           as
           Chester
           ;
           that
           the
           distinction
           of
           Jurisdictions
           was
           not
           for
           want
           of
           Superiority
           .
           This
           has
           been
           maintain'd
           over
           *
           Chester
           and
           Ireland
           ,
           by
           Writs
           of
           Error
           upon
           Judgments
           in
           Law.
           The
           reason
           of
           which
           is
           given
           by
           Chief
           †
           Justice
           Vaughan
           ,
           that
           
             otherwise
             they
             may
             insensibly
             alter
             the
             Law
             appointed
             ,
             or
             permitted
             ,
             or
             give
             judgment
             to
             the
             lessening
             the
             Superiority
             .
          
        
         
         
           Mr.
           Molineux
           will
           have
           it
           ,
           th●
           ▪
           *
           this
           removal
           of
           a
           Judgment
           from
           the
           
             King's
             Bench
          
           of
           Ireland
           ,
           by
           Writ
           of
           Error
           ,
           into
           the
           
             King's
             Bench
          
           of
           England
           ,
           dos
           not
           infer
           the
           subordination
           of
           Ireland
           to
           the
           Kingdom
           
           of
           England
           ;
           but
           that
           this
           was
           a
           method
           appointed
           by
           an
           Act
           of
           Parliament
           of
           Ireland
           ,
           which
           is
           lost
           among
           a
           great
           number
           of
           other
           Acts
           which
           they
           want
           for
           the
           space
           of
           130
           years
           at
           one
           time
           ,
           and
           120
           a●
           another
           .
           'T
           is
           easily
           supposed
           by
           him
           ,
           that
           they
           had
           Parliaments
           of
           their
           own
           for
           the
           most
           of
           those
           times
           ;
           but
           others
           will
           believe
           that
           they
           were
           generally
           governed
           by
           the
           Laws
           of
           England
           ,
           according
           to
           the
           Tenour
           of
           their
           submission
           to
           H.
           2.
           and
           the
           interpretation
           then
           put
           upon
           that
           submission
           .
           But
           methinks
           the
           force
           of
           his
           Argument
           ,
           in
           relation
           to
           the
           ordinary
           Jurisdictions
           the
           
             King's
             Bench
          
           of
           England
           exercises
           over
           that
           of
           Ireland
           ,
           is
           not
           to
           be
           fear'd
           .
        
         
           
           He
           is
           pleased
           to
           say
           ,
           
             erroneous
             Judgments
             might
             have
             been
             removed
             from
          
           England
           
             into
             the
             King's
             Court
             in
          
           Ireland
           ,
           
             for
             so
             certainly
             it
             must
          
           
           
             be
             since
             the
             Court
             travelled
             with
             the
             King.
          
           For
           which
           I
           need
           only
           mind
           him
           of
           his
           own
           quotation
           of
           *
           Sir
           Pembrough's
           Case
           :
           according
           to
           which
           ,
           for
           the
           King
           to
           have
           required
           the
           attendance
           there
           of
           the
           
             Tenants
             in
             chief
          
           ,
           who
           were
           the
           Judges
           in
           his
           Court
           here
           ,
           would
           have
           bin
           a
           banishment
           :
           But
           't
           is
           certain
           this
           could
           be
           no
           part
           of
           their
           Duty
           declared
           by
           the
           constitutions
           of
           Clarendon
           ,
           10
           H.
           2.
           in
           affirmance
           of
           the
           antient
           customs
           of
           the
           Realm
           of
           England
           ,
           under
           that
           clause
           which
           
           requires
           'em
           to
           be
           at
           the
           
             Trials
             and
             Judgments
             of
             the
             King's
             Courts
             .
          
        
         
           Besides
           ,
           I
           shall
           shew
           ,
           that
           the
           
             King's
             Court
             in
             England
          
           (
           which
           when
           not
           meant
           of
           the
           Parliament
           ,
           did
           manifestly
           in
           those
           antient
           times
           relate
           either
           to
           a
           
             Counsel
             chosen
             in
             Parliament
          
           ,
           and
           acting
           out
           of
           it
           by
           Authority
           from
           thence
           ,
           or
           to
           the
           Body
           of
           the
           Tenants
           in
           chief
           ,
           the
           
             Great
             Lords
          
           ,
           for
           whose
           easing
           themselves
           of
           such
           troublesome
           attendances
           ,
           the
           later
           Jurisdiction
           of
           the
           present
           
             King's
             Bench
          
           has
           sprung
           up
           )
           was
           possess'd
           of
           the
           Superiority
           of
           
           ordinary
           Jurisdiction
           over
           Ireland
           ,
           before
           Mr.
           M.
           can
           shew
           that
           they
           had
           any
           Acts
           made
           in
           Ireland
           of
           any
           kind
           ,
           except
           that
           wherein
           they
           first
           gave
           themselves
           up
           to
           obey
           and
           depend
           on
           the
           
             English
             Legislature
          
           ;
           and
           unless
           they
           can
           produce
           Acts
           of
           their
           Parliaments
           for
           raising
           Aids
           to
           the
           Crown
           of
           England
           .
        
         
           In
           *
           the
           37
           th
           of
           H.
           3.
           one
           Baret
           complain'd
           to
           the
           King
           of
           injustice
           done
           him
           by
           Justices
           itinerant
           at
           Limbrick
           .
        
         
           
           Upon
           which
           the
           Justices
           of
           Ireland
           were
           commanded
           to
           send
           the
           Record
           before
           the
           King.
           
        
         
           Where
           the
           Record
           was
           commanded
           hither
           ,
           
             per
             saltum
          
           ,
           without
           any
           regard
           to
           the
           
             King's
             Bench
          
           of
           Ireland
           .
        
         
           And
           another
           Record
           in
           the
           same
           Year
           before
           Shardlow
           ,
           and
           other
           Justices
           at
           Dublin
           ,
           as
           I
           take
           it
           ,
           of
           the
           
             Common
             Pleas
          
           there
           ,
           was
           ,
           by
           Writ
           
           of
           Error
           from
           hence
           ,
           transmitted
           to
           the
           Justice
           of
           Ireland
           :
           Without
           which
           it
           seems
           he
           was
           then
           held
           to
           have
           no
           Authority
           to
           proceed
           in
           Ireland
           .
        
         
         
           
           In
           the
           20
           th
           of
           E.
           1.
           a
           Writ
           of
           Error
           had
           removed
           out
           of
           Ireland
           a
           Record
           of
           a
           Judgment
           of
           Felony
           :
           
           Which
           ,
           indeed
           ,
           was
           remanded
           ;
           not
           for
           want
           of
           Jurisdiction
           to
           correct
           the
           Error
           of
           the
           Judges
           in
           Ireland
           :
           But
           ,
        
         
           1.
           
           Because
           there
           was
           no
           notice
           to
           the
           King's
           Attorney
           General
           for
           Ireland
           :
           or
           at
           least
           ,
           he
           did
           not
           attend
           .
        
         
           2.
           
           Because
           't
           was
           a
           question
           of
           Fact.
           
           
             
               
                 Quia
                 nullus
                 venit
                 ex
                 parte
                 Regis
                 ad
                 sequendum
                 pro
                 ipso
                 ,
                 qui
                 veritatem
                 sciverit
                 ,
                 ideo
                 haec
                 non
                 potest
                 ad
                 examinationem
                 ;
                 set
                 magis
                 expedit
                 domino
                 Regi
                 ,
                 quòd
                 in
                 partibus
                 Hiberniae
                 ,
                 ubi
                 feloniae
                 praed
                 .
                 perpetrari
                 debent
                 ,
                 examinentur
                 ,
                 &
                 modo
                 debito
                 terminentur
                 .
              
               
                 Because
                 no
                 body
                 who
                 may
                 know
                 the
                 truth
                 ,
                 comes
                 of
                 the
                 part
                 of
                 the
                 King
                 to
                 prosecute
                 for
                 him
                 :
                 Therefore
                 this
                 cannot
                 proceed
                 to
                 examination
                 :
                 but
                 't
                 is
                 expedient
                 for
                 the
                 King
                 ,
                 that
                 the
                 said
                 Felonies
                 should
                 be
                 examined
                 ,
                 and
                 duly
                 determined
                 in
                 Ireland
                 ,
                 where
                 the
                 said
                 Felonies
                 are
                 suppos'd
                 to
                 have
                 been
                 committed
                 .
              
            
          
        
         
         
           
           However
           Mr.
           M.
           conceives
           it
           
             manifest
             ,
             that
             the
             Jurisdiction
             of
             the
             
               King's
               Bench
            
             in
             England
             over
             a
             Judgment
             in
             the
             
               King's
               Bench
            
             of
             Ireland
             ,
             dos
             not
             proceed
             from
             any
             subordination
             of
             one
             Kingdom
             to
             the
             other
             ;
             because
             the
             Judges
             in
             England
             ought
             ,
             and
             
             always
             do
             judg
             according
             to
             the
             Laws
             and
             Customs
             of
             Ireland
             ,
             and
             not
             according
             to
             the
             Laws
             and
             Customs
             of
             England
             ,
             any
             otherwise
             than
             as
             these
             may
             be
             of
             force
             in
             Ireland
             .
          
           But
           ,
        
         
           1.
           
           'T
           is
           evident
           that
           the
           Judges
           neither
           will
           ,
           nor
           can
           judg
           according
           to
           any
           Law
           or
           Custom
           of
           Ireland
           ,
           which
           is
           contrary
           to
           the
           Rules
           of
           our
           Law
           ,
           or
           which
           has
           not
           been
           allowed
           there
           as
           no
           way
           prejudicial
           to
           the
           Law
           here
           :
           According
           to
           his
           instance
           of
           a
           Declaration
           
           
             for
             an
             Acre
             of
             Bog
             ,
             a
             word
             not
             known
             in
          
           England
           ;
           but
           well
           enough
           understood
           in
           Ireland
           .
           Which
           I
           may
           answer
           with
           a
           parallel
           case
           lately
           adjudged
           in
           the
           Exchequer
           of
           England
           .
        
         
         
           One
           having
           spoken
           scandalous
           
             welsh
             words
          
           in
           Wales
           ,
           or
           in
           a
           part
           of
           England
           where
           the
           Welsh
           Tongue
           is
           used
           ,
           was
           libel'd
           against
           in
           the
           Ecclesiastical
           Court
           there
           :
           Upon
           which
           the
           Court
           of
           Exchequer
           was
           moved
           for
           a
           Prohibition
           ,
           because
           the
           Words
           were
           insensible
           ,
           and
           of
           no
           signification
           :
           But
           no
           Prohibition
           was
           granted
           ,
           because
           they
           were
           understood
           where
           they
           were
           spoken
           .
           And
           thus
           't
           is
           in
           relation
           to
           the
           particular
           Instances
           of
           Mannors
           ,
           or
           inferiour
           Courts
           .
           Therefore
           ,
        
         
           2.
           
           By
           the
           same
           reason
           ,
           that
           the
           judging
           according
           to
           the
           Law
           used
           in
           Ireland
           would
           imply
           ,
           that
           there
           is
           no
           Subordination
           ,
           't
           will
           follow
           that
           the
           Inferior
           Courts
           in
           England
           are
           not
           subordinate
           to
           the
           Courts
           of
           Westminster-Hall
           :
           and
           I
           may
           add
           ,
           neither
           is
           the
           King's
           
           Bench
           of
           
             England
             subordinate
          
           to
           the
           House
           of
           Lords
           .
        
         
           As
           to
           the
           question
           of
           their
           Jurisdiction
           ,
           occasioned
           ,
           as
           Mr.
           M's
           *
           Margin
           has
           it
           ,
           by
           the
           Case
           of
           the
           Bishop
           of
           Derry
           ,
           I
           need
           say
           little
           here
           ,
           referring
           him
           to
           the
           Judgment
           
           of
           the
           Lords
           ,
           and
           to
           that
           exercice
           of
           the
           Judicial
           Power
           ,
           which
           I
           shall
           have
           an
           opportunity
           of
           shewing
           in
           the
           Reign
           of
           E.
           1.
           
        
         
           But
           as
           to
           his
           supposed
           clear
           Argument
           against
           the
           subordination
           ,
           
           from
           the
           Lords
           doing
           nothing
           upon
           the
           Petition
           of
           the
           Prior
           of
           Lanthony
           ,
           who
           appeal'd
           to
           the
           Parliament
           of
           England
           ,
           from
           a
           refusal
           of
           the
           
             King's
             Bench
          
           here
           to
           meddle
           with
           a
           Judgment
           which
           had
           pass'd
           in
           the
           Parliament
           of
           Ireland
           :
        
         
           'T
           will
           admit
           of
           several
           Answers
           ;
        
         
           1.
           
           This
           came
           not
           before
           the
           Lords
           by
           Writ
           of
           Error
           ,
           or
           by
           Appeal
           from
           the
           Lords
           of
           Ireland
           ;
           but
           was
           a
           complaint
           of
           the
           
             King's
             Bench
          
           here
           .
        
         
           2.
           
           This
           was
           after
           the
           Charter
           which
           I
           shall
           afterwards
           shew
           ,
           placing
           a
           judicial
           Power
           to
           some
           Purposes
           in
           their
           Parliaments
           :
           But
           whether
           they
           exceeded
           that
           Authority
           ,
           't
           was
           not
           for
           the
           
             King's
             Bench
          
           to
           judg
           ,
           but
           for
           that
           Power
           from
           whence
           their
           Charter
           was
           derived
           .
        
         
         
           3.
           
           This
           Petition
           seems
           either
           to
           have
           come
           too
           late
           ,
           or
           to
           have
           been
           waved
           :
           for
           if
           it
           had
           fallen
           under
           consideration
           ,
           't
           is
           probable
           that
           some
           Answer
           to
           it
           could
           have
           been
           endors'd
           ,
           as
           was
           usual
           in
           former
           times
           .
        
         
           But
           that
           the
           
             ordinary
             Jurisdiction
          
           both
           of
           the
           Lords
           in
           Parliament
           ,
           and
           of
           the
           King's-Bench
           here
           ,
           is
           but
           an
           incident
           to
           the
           Superiority
           of
           the
           Crown
           of
           England
           ,
           will
           be
           much
           clearer
           than
           any
           thing
           Mr.
           M.
           
           has
           urged
           .
           And
           whatever
           Mr.
           M.
           conceives
           ,
           the
           Annexation
           of
           Ireland
           to
           the
           Crown
           of
           England
           ,
           will
           sufficiently
           
           manifest
           the
           Subordination
           ;
           tho
           he
           ,
           supposing
           that
           this
           was
           done
           by
           the
           Irish
           Statute
           ,
           which
           annexes
           it
           as
           a
           Kingdom
           ,
           with
           others
           which
           declare
           it
           annex'd
           as
           a
           Land
           or
           Dominion
           of
           a
           lower
           Character
           ,
           conceives
           
             little
             more
             is
             effected
             by
             these
             Statutes
             ,
             than
             that
             Ireland
             shall
             not
             be
             aliened
             or
             separated
             
             from
             the
             King
             of
             England
             ,
             who
             cannot
             hereby
             dispose
             of
             it
             ,
             otherwise
             than
             in
             legal
             Succession
             along
             with
             England
             ;
             and
             that
             
             whoever
             is
             King
             of
             England
             ,
             is
             
               ipso
               facto
            
             King
             of
             Ireland
             .
          
        
         
           But
           if
           these
           Statutes
           ,
           bating
           the
           name
           of
           Kingdom
           (
           which
           the
           Parliament
           of
           England
           afterwards
           gave
           them
           )
           are
           only
           declaratory
           of
           the
           antient
           Right
           of
           the
           Crown
           of
           England
           ;
           then
           I
           may
           well
           hold
           ,
           that
           there
           is
           not
           so
           much
           effected
           by
           these
           Statutes
           ,
           as
           he
           yields
           ,
           it
           being
           only
           the
           operation
           of
           Law.
           And
           if
           by
           operation
           of
           Law
           a
           King
           of
           England
           ,
           tho
           not
           succeeding
           by
           a
           strict
           Right
           of
           Descent
           ,
           but
           by
           the
           Choice
           or
           Declaration
           of
           the
           States
           of
           this
           Realm
           is
           ipso
           
           facto
           King
           or
           Lord
           of
           Ireland
           ,
           I
           would
           gladly
           know
           how
           that
           Kingdom
           or
           Land
           ,
           which
           he
           owns
           to
           be
           thus
           inseparably
           annex'd
           to
           the
           Imperial
           Crown
           of
           England
           ,
           can
           be
           a
           compleat
           Kingdom
           ?
           And
           since
           he
           is
           pleas'd
           to
           ask
           ,
           whether
           
             multitudes
             of
             Acts
             of
             Parliament
             ,
             both
             of
          
           England
           and
           Ireland
           ,
           
             have
             not
             declared
          
           Ireland
           
             a
             compleat
             Kingdom
          
           ?
           and
           whether
           't
           is
           not
           stiled
           in
           them
           all
           ,
           
             the
             Kingdom
             or
             Realm
             of
          
           Ireland
           ?
        
         
         
           I
           would
           entreat
           the
           favour
           of
           him
           ,
           to
           shew
           me
           one
           Act
           of
           Parliament
           of
           either
           Kingdom
           ,
           which
           says
           ,
           or
           all
           Circumstances
           consider'd
           implies
           ,
           that
           Ireland
           is
           a
           
             compleat
             Kingdom
          
           :
           or
           that
           ever
           any
           Parliament
           of
           their
           own
           held
           it
           to
           be
           advanced
           to
           the
           Dignity
           of
           a
           Kingdom
           ,
           before
           
           33
           H.
           8.
           tho
           ,
           as
           they
           acknowledg
           ,
           the
           Kings
           of
           England
           had
           Kingly
           Power
           there
           long
           before
           .
        
         
           I
           must
           own
           ,
           that
           as
           the
           name
           of
           King
           was
           in
           H.
           8's
           time
           thought
           requisite
           to
           charm
           the
           
             wild
             Irish
          
           into
           Obedience
           ;
           so
           in
           Queen
           a
           Elizabeth's
           time
           ,
           
             Imperial
             Crown
          
           was
           thought
           to
           make
           a
           conquering
           Sound
           :
           but
           this
           was
           never
           ascribed
           to
           it
           by
           any
           Parliament
           of
           England●
           nor
           ,
           that
           I
           can
           find
           ,
           even
           of
           Ireland
           ,
           before
           her
           Reign
           or
           since
           .
        
         
           But
           the
           
             one
             Imperial
             Crown
          
           ,
           upon
           which
           Ireland
           has
           been
           ,
           and
           still
           is
           ,
           dependent
           ,
           is
           the
           Crown
           of
           England
           :
           sor
           this
           the
           Statute
           of
           Ireland
           ,
           before
           that
           was
           made
           a
           Kingdom
           ,
           is
           express
           ,
           having
           these
           words
           ;
        
         
         
           
             
             Calling
             to
             our
             remembrance
             the
             great
             Divisions
             which
             in
             time
             past
             have
             been
             ,
             by
             reason
             of
             several
             Titles
             pretended
             to
             the
             Imperial
             Crown
             of
             the
             Realm
             of
             England
             ,
             whereunto
             this
             your
             Land
             of
             Ireland
             is
             appending
             ,
             and
             belonging
             .
          
        
         
           So
           another
           in
           the
           same
           Year
           .
           
             Forasmuch
             as
             this
             Land
             of
             Ireland
             
             is
             depending
             ,
             and
             belonging
             ,
             justly
             and
             rightfully
             to
             the
             Imperial
             Crown
             of
             England
             ;
          
           it
           enacts
           ,
           that
           the
           King
           ,
           his
           Heirs
           and
           Successors
           ,
           Kings
           of
           the
           Realm
           of
           England
           ,
           and
           Lords
           of
           this
           said
           Land
           of
           Ireland
           ,
           shall
           have
           and
           enjoy
           ,
           
             annexed
             and
             united
             to
             the
             Imperial
             Crown
             of
          
           England
           ,
           all
           Honours
           ,
           Dignities
           ,
           Pre-eminencies
           and
           Authorities
           ,
           &c.
           belonging
           to
           the
           Church
           of
           Ireland
           .
        
         
           
           If
           Mr.
           Molineux
           observes
           duly
           ,
           Ireland
           has
           all
           these
           Imperial
           Rights
           declared
           in
           the
           Irish
           Statute
           ,
           33
           H.
           8.
           
             c
             ▪
          
           1.
           but
           I
           cannot
           find
           by
           what
           Rule
           he
           insers
           this
           from
           an
           Act
           of
           Parliament
           ,
           which
           is
           express
           ,
           that
           the
           King
           of
           England
           shall
           have
           the
           
           Name
           ,
           Stile
           ,
           Title
           and
           Honour
           of
           King
           of
           Ireland
           ,
           with
           all
           manner
           of
           Preheminencies
           ,
           &c.
           as
           united
           and
           knit
           to
           the
           Imperial
           Crown
           of
           the
           Realm
           of
           England
           .
        
         
           Indeed
           it
           shews
           ,
           that
           under
           the
           name
           of
           Lord
           ,
           the
           King
           had
           the
           same
           Authority
           ;
           but
           the
           name
           of
           King
           was
           thought
           likely
           to
           be
           more
           prevalent
           with
           the
           Irish
           Men
           ,
           and
           Inhabitants
           within
           that
           Realm
           .
        
         
           
           The
           Statute
           ,
           11
           Jac.
           1.
           declares
           him
           King
           of
           
             England
             ,
             Scotland
             ,
             France
          
           ,
           and
           Ireland
           ,
           by
           God's
           Goodness
           ,
           and
           Right
           of
           Descent
           under
           one
           Imperial
           Crown
           .
        
         
           
           And
           the
           Statute
           ,
           10
           C.
           1.
           calls
           this
           the
           Imperial
           Crown
           of
           England
           and
           Ireland
           :
           And
           indeed
           Mr.
           Molineux
           would
           do
           well
           to
           shew
           that
           ever
           any
           of
           our
           Kings
           took
           any
           Coronation
           Oath
           for
           Ireland
           ,
           otherwise
           than
           as
           Kings
           of
           England
           .
        
         
           And
           yet
           I
           know
           not
           what
           he
           may
           do
           when
           his
           hand
           's
           in
           ;
           since
           he
           has
           the
           Art
           to
           transubstantiate
           their
           Recital
           of
           an
           Act
           of
           Parliament
           in
           England
           ,
           which
           declares
           that
           
           Popes
           had
           usurped
           an
           Authority
           in
           derogation
           of
           the
           Right
           of
           the
           Imperial
           Crown
           of
           the
           Realm
           of
           England
           ;
           recognizing
           no
           Superiour
           under
           God
           but
           only
           the
           King
           ,
           and
           being
           free
           from
           Subjection
           to
           any
           Man's
           Laws
           ,
           but
           only
           such
           as
           have
           been
           devised
           ,
           made
           and
           ordain'd
           within
           the
           Realm
           of
           England
           ;
           or
           to
           such
           other
           as
           ,
           by
           sufferance
           of
           the
           King
           and
           his
           Progenitors
           ,
           the
           People
           of
           the
           Realm
           of
           England
           had
           taken
           at
           their
           
             free
             Liberty
             ,
             by
             their
             own
             Consent
             ,
             to
             be
             used
             among
             them
             ,
             and
             have
             bound
             themselves
             by
             long
             Custom
             to
             the
             observance
             of
             the
             same
          
           ;
           To
           infer
           that
           't
           is
           thus
           with
           Ireland
           ,
           because
           the
           enacting
           part
           of
           that
           Statute
           which
           has
           this
           Recital
           is
           promulged
           for
           a
           Law
           in
           Ireland
           ,
           is
           to
           suppose
           Ireland
           to
           be
           turned
           into
           England
           ;
           and
           that
           the
           Commissioners
           ,
           who
           are
           by
           virtue
           of
           that
           Act
           and
           the
           Great
           
           Seal
           ,
           to
           exercise
           that
           Ecclesiastical
           Jurisdiction
           which
           the
           Statute
           in
           England
           placed
           in
           the
           See
           of
           Canterbury
           ,
           are
           become
           English
           Archbishops
           .
        
         
         
           And
           with
           the
           like
           way
           of
           reasoning
           he
           would
           infer
           ,
           that
           Acts
           of
           Recognition
           in
           England
           are
           of
           no
           Force
           in
           Ireland
           ,
           till
           the
           Irish
           have
           recognized
           the
           same
           King
           ;
           and
           yet
           
           confesses
           ,
           
             That
             whoever
             is
             King
             of
             England
             is
             
               ipso
               facto
            
             King
             of
             Ireland
             ,
             and
             the
             Subjects
             are
             obliged
             to
             obey
             him
             as
             their
             Leige
             
             Lord
             :
             That
             they
             in
             Ireland
             are
             so
             annexed
             to
             England
             ,
             that
             the
             Kings
             and
             Queens
             of
             England
             are
             by
             undoubted
             Right
             
               ipso
               facto
            
             Kings
             and
             Queens
             of
             Ireland
             .
          
           To
           
           use
           Mr.
           M's
           own
           Expression
           ,
           
             I
             am
             sure
             there
             's
             an
             end
             of
             all
             Speech
             ,
          
           if
           he
           does
           not
           confess
           ,
           that
           a
           Prince
           rightfully
           possest
           of
           the
           English
           Throne
           ,
           is
           thereby
           King
           of
           Ireland
           ,
           before
           any
           Recognition
           made
           by
           a
           Parliament
           
           there
           :
           and
           yet
           not
           withstanding
           this
           generous
           Concession
           ,
           he
           immediately
           subjoins
           ;
        
         
           
             And
             from
             hence
             we
             may
             reasonably
             conclude
             ,
             that
             if
             any
             Acts
             of
             Parliament
             made
             in
             England
             should
             be
             of
             force
             in
             Ireland
             ,
             before
             they
             are
             receiv'd
             there
             in
             Parliament
             ,
             they
             should
             be
             more
             
             especially
             such
             Acts
             as
             relate
             to
             the
             Succession
             and
             Settlement
             of
             the
             Crown
             ,
             and
             Recognition
             of
             the
             King's
             Title
             thereto
             ,
             and
             the
             Power
             and
             Jurisdiction
             of
             the
             King.
             And
             yet
             we
             find
             in
             the
             Irish
             Statutes
             ,
             28
             H.
             8.
             c.
             2.
             
             
               An
               Act
               for
               the
               Succession
               of
               the
               King
               ,
               and
               Queen
            
             Ann.
             And
             another
             ,
             c.
             5.
             declaring
             the
             
               King
               to
               be
               supreme
               Head
               of
               the
               Church
               of
            
             Ireland
             .
             Both
             which
             Acts
             had
             formerly
             pass'd
             in
             the
             Parliament
             of
             
             England
             .
             So
             likewise
             we
             find
             amongst
             the
             Irish
             Statutes
             ,
             Acts
             of
             Recognition
             of
             the
             King's
             Title
             to
             Ireland
             in
             the
             Reigns
             of
             H.
             8.
             
             Queen
             Elizabeth
             ,
             King
             Charles
             2.
             
             K.
             William
             and
             Q.
             Mary
             :
             by
             which
             it
             appears
             ,
             that
             Ireland
             ,
             
               tho
               annexed
               to
               the
               Crown
               of
            
             England
             ,
             
               has
               always
               been
               look'd
               upon
               to
               be
               a
               Kingdom
               compleat
               within
               it self
               ,
               and
               to
               have
               all
               Jurisdiction
               to
               an
               absolute
               Kingdom
               ,
               belonging
               ,
               and
               subordinate
               to
               no
               Legislative
               Authority
               on
               Earth
               .
            
             Tho
             't
             is
             to
             be
             noted
             ,
             those
             English
             Acts
             relating
             to
             the
             Succession
             
             and
             Recognition
             of
             the
             King's
             Title
             ,
             do
             particularly
             name
             Ireland
             .
          
        
         
           Before
           I
           enter
           into
           the
           enquiry
           how
           this
           can
           be
           made
           consistent
           with
           a
           Kingship
           
             ipso
             facto
          
           before
           the
           Recognition
           in
           Ireland
           ;
           't
           will
           be
           requisite
           to
           inform
           him
           ,
           that
           we
           have
           had
           Settlements
           of
           the
           Crown
           by
           Acts
           of
           Parliament
           here
           ,
           which
           never
           were
           formally
           received
           by
           any
           Parliament
           in
           Ireland
           ;
           and
           yet
           such
           Act
           of
           Parliament
           here
           has
           ever
           been
           held
           to
           bind
           Ireland
           ,
           tho
           't
           was
           not
           expresly
           named
           ;
           and
           that
           tho
           the
           Settlement
           has
           carried
           the
           Crown
           from
           the
           elder
           Branch
           of
           the
           Royal
           Family
           :
           for
           instance
           ,
           7
           H.
           4.
           at
           the
           request
           of
           the
           Lords
           
           and
           Commons
           in
           Parliament
           ,
           't
           was
           enacted
           ,
           
             That
             the
             Inheritance
             of
             the
             Crown
             and
             of
             the
             Realms
             of
             England
             and
             France
             ,
             and
             of
             all
             other
             the
             King's
             Seigniories
             or
             Lordships
             beyond
             Sea
             ,
             with
             the
             appurtenances
             ,
             be
             put
             and
             remain
             in
             the
             Person
             of
             the
             said
             King
             ,
             and
             the
             Heirs
             of
             his
             Body
             issuing
             ;
             and
             't
             was
             ordain'd
             ,
             established
             ,
             
             pronounced
             ,
             expressed
             ,
             and
             declared
             ,
             that
             Prince
             Henry
             ,
             the
             King
             's
             eldest
             Son
             ,
             
               be
               Heir
               apparent
            
             ,
             to
             succeed
             him
             in
             the
             said
             Crown
             ,
             Realms
             ,
             and
             Seigniories
             ;
             to
             have
             them
             with
             all
             their
             Appurtenances
             ,
             after
             the
             King's
             decease
             to
             the
             Prince
             and
             the
             Heirs
             of
             his
             Body
             ;
             with
             Remainders
             over
             ,
             to
             the
             King
             's
             2
             d
             and
             3
             d
             Sons
             ,
             and
             the
             Heirs
             of
             their
             respective
             Bodies
             successively
             .
          
        
         
           
           And
           according
           to
           this
           Form
           1
           H.
           7.
           
           
             't
             was
             ordain'd
             ,
             established
             ,
             and
             enacted
             ,
             by
             Authority
             of
             Parliament
             ,
             that
             the
             Inheritances
             of
             the
             Crowns
             of
             the
             Realms
             of
             England
             and
             France
             ,
             with
             all
             the
             preheminence
             and
             dignity
             Royal
             to
             the
             same
             appertaining
             ,
             and
             all
             other
             Seigniories
             belonging
             to
             the
             King
             beyond
             Sea
             ,
             with
             the
             Appurtenances
             in
             any
             manner
             due
             to
             them
             ,
             or
             appertaining
             ,
             do
             stand
             and
             remain
             in
             the
             most
             noble
             Person
             of
             their
             said
             Sovereign
             Lord
             H.
             7.
             and
             the
             Heirs
             of
             his
             Body
             lawfully
             issuing
             for
             ever
             ,
             
             with
             the
             Grace
             of
             God
             to
             endure
             ,
             and
             in
             no
             other
             Persons
             .
          
        
         
           Not
           to
           trouble
           Mr.
           M.
           with
           an
           enquiry
           ,
           whether
           these
           ,
           or
           any
           other
           Acts
           of
           Parliament
           in
           England
           of
           former
           Reigns
           ,
           united
           Ireland
           to
           England
           ,
           otherwise
           than
           as
           they
           declared
           their
           intention
           for
           that
           Seigniory
           ,
           or
           Dominion
           ,
           to
           go
           along
           with
           the
           Government
           of
           England
           ;
           or
           what
           Act
           of
           Parliament
           in
           Ireland
           ,
           since
           the
           first
           submission
           to
           H.
           2.
           created
           an
           Annexation
           of
           the
           Land
           of
           Ireland
           to
           the
           Crown
           of
           England
           ;
           I
           must
           entreat
           him
           to
           explain
           ,
        
         
           How
           it
           should
           come
           to
           pass
           ,
           that
           the
           King
           of
           
             England
             ,
             ipso
             facto
          
           ,
           by
           his
           being
           made
           King
           here
           ,
           is
           King
           of
           Ireland
           ;
           and
           yet
           that
           those
           Acts
           of
           Parliament
           here
           ,
           by
           which
           the
           King
           is
           declared
           King
           ,
           without
           and
           against
           a
           strict
           courst
           of
           descent
           ,
           are
           
           of
           no
           force
           till
           the
           King
           is
           recognized
           by
           Act
           of
           Parliament
           in
           Ireland
           ?
        
         
           If
           a
           King
           of
           
             England
             ,
             as
             such
          
           ,
           is
           
             ipso
             facto
          
           King
           of
           Ireland
           ,
           is
           he
           not
           so
           before
           any
           Act
           of
           Recognition
           there
           ?
           And
           if
           so
           ,
           what
           can
           
           that
           ,
           or
           other
           Acts
           repeating
           the
           Laws
           made
           in
           England
           ,
           signify
           more
           ,
           than
           a
           full
           publication
           of
           what
           was
           the
           Law
           before
           ?
        
         
           If
           the
           Election
           ,
           or
           Declaration
           of
           a
           King
           ,
           by
           a
           Parliament
           in
           England
           ,
           gives
           a
           Law
           in
           this
           matter
           to
           Ireland
           ;
           and
           such
           a
           King
           is
           to
           be
           obey'd
           by
           virtue
           of
           that
           Law
           ,
           
             ipso
             facto
          
           ,
           before
           he
           is
           received
           and
           acknowledged
           by
           a
           Parliament
           in
           Ireland
           ;
           do
           their
           subsequent
           Recognitions
           in
           the
           least
           infer
           that
           Ireland
           is
           a
           
             compleat
             Kingdom
          
           ?
        
         
           
           Is
           it
           any
           better
           than
           a
           Contradiction
           to
           hold
           ,
           that
           a
           King
           of
           England
           ,
           as
           created
           or
           declared
           in
           a
           Parliament
           of
           England
           ,
           is
           thereby
           ,
           or
           at
           the
           same
           instant
           ,
           King
           of
           Ireland
           ;
           and
           yet
           that
           Ireland
           is
           a
           Kingdom
           so
           compleat
           in
           it self
           ,
           that
           he
           is
           no
           King
           till
           the
           Act
           of
           Parliament
           creating
           or
           declaring
           him
           King
           ,
           is
           confirm'd
           by
           a
           Parliament
           in
           Ireland
           ?
           Or
           take
           it
           the
           other
           way
           ;
        
         
           No
           Act
           of
           Parliament
           in
           England
           is
           of
           any
           force
           till
           confirmed
           in
           Ireland
           ;
           and
           yet
           a
           King
           declared
           by
           a
           Parliament
           of
           England
           ,
           tho
           he
           was
           not
           
           King
           before
           such
           declaration
           ,
           is
           thereby
           ,
           or
           
             ipso
             facto
          
           ,
           King
           of
           Ireland
           :
           that
           is
           ,
           an
           Act
           of
           Parliament
           of
           England
           is
           not
           of
           force
           in
           Ireland
           till
           confirm'd
           there
           ;
           and
           yet
           't
           is
           of
           force
           
             ipso
             facto
          
           by
           the
           being
           enacted
           here
           .
        
         
           Does
           it
           not
           therefore
           follow
           ,
           that
           such
           an
           annexation
           of
           Ireland
           to
           the
           Crown
           of
           England
           ,
           as
           makes
           the
           King
           of
           
             England
             ,
             ipso
             facto
          
           King
           of
           Ireland
           ,
           destroys
           the
           supposition
           that
           their
           Parliaments
           have
           Authority
           to
           confirm
           or
           reject
           Laws
           made
           by
           the
           Legislature
           in
           England
           ?
           Or
           otherwise
           ,
           that
           the
           supposition
           of
           such
           an
           Authority
           in
           the
           Parliament
           of
           Ireland
           ,
           destroys
           that
           annexation
           which
           Mr.
           M.
           himself
           yields
           ?
        
         
           Further
           yet
           't
           will
           appear
           ,
           that
           ,
           even
           after
           a
           Parliament
           of
           Ireland
           had
           ,
           as
           far
           as
           it
           could
           ,
           annex'd
           that
           Land
           ,
           as
           a
           Kingdom
           ,
           to
           the
           
             Imperial
             Crown
          
           of
           England
           ;
           an
           Annexation
           here
           was
           requisite
           ,
           for
           the
           ratifying
           what
           had
           been
           done
           in
           Ireland
           .
        
         
           
           Therefore
           ,
           34
           and
           35
           H.
           8.
           an
           Act
           was
           made
           by
           the
           Parliament
           of
           England
           ,
           for
           
             ratification
             of
             the
             King's
             Majesty's
             Stile
          
           ;
           by
           the
           King
           ,
           
           with
           the
           
             assent
             of
             the
             Lords
             Spiritual
             ,
             and
             Temporal
             ,
             and
             the
             Commons
             in
             that
             Parliament
             assembled
             ,
          
           and
           by
           the
           Authority
           of
           the
           same
           ,
           enacting
           that
           
             all
             and
             singular
             his
             Grace's
             Subjects
             ,
          
           and
           Resiants
           ,
           of
           or
           within
           
             this
             his
             Realm
          
           of
           
             England
             ,
             Ireland
          
           ,
           and
           elsewhere
           ,
           with
           other
           his
           
             Majesty's
             Dominions
          
           ,
           from
           thenceforth
           accept
           and
           take
           the
           King's
           Stile
           ,
           in
           manner
           and
           form
           following
           .
        
         
           
             H.
             8.
             by
             the
             Grace
             of
             God
             ,
             King
             of
             
               England
               ,
               France
            
             ,
             and
             Ireland
             ,
             Defender
             of
             the
             Faith
             ,
             and
             of
             the
             Church
             of
             England
             ,
             and
             also
             of
             Ireland
             ,
             in
             Earth
             the
             
               supream
               Head.
            
             
          
        
         
           
             And
             't
             is
             enacted
             ,
             that
             the
             said
             stile
          
           shall
           be
           
             from
             thenceforth
             ,
             by
          
           the
           Authority
           aforesaid
           ,
           united
           ,
           and
           annexed
           ,
           to
           the
           Imperial
           Crown
           of
           his
           Highness's
           Realm
           of
           England
           .
        
         
           This
           related
           to
           all
           Ecclesiastical
           Power
           ,
           as
           well
           as
           Civil
           ,
           in
           Ireland
           ,
           as
           well
           as
           England
           :
           In
           pursuance
           of
           this
           the
           Statute
           1
           Eliz.
           for
           the
           extinguishing
           
           all
           usurped
           ,
           and
           
             Foreign
             Power
          
           ,
           and
           
             Authority
             ,
             Spiritual
          
           and
           Temporal
           ,
           which
           had
           been
           used
           
             within
             this
             Realm
          
           ,
           or
           
             any
             other
             her
             Majesty's
          
           
           Dominions
           ,
           or
           Countries
           ,
           enacts
           ,
           That
           no
           Foreign
           Prince
           ,
           or
           Prelat
           ,
           shall
           enjoy
           any
           
             Power
             ,
             Jurisdiction
             ,
             Superiority
             ,
             Authority
             ,
          
           or
           Privilege
           ,
           Spiritual
           ,
           or
           Ecclesiastical
           ,
           within
           
             this
             Realm
          
           ,
           or
           within
           
             any
             other
             her
             Majesty's
             Dominions
          
           ,
           or
           Countries
           ;
           but
           that
           such
           Power
           ,
           &c.
           shall
           be
           abolished
           out
           of
           
             this
             Realm
             ,
             and
             all
             other
             her
             Highness's
             Dominions
             :
          
           And
           that
           all
           Power
           of
           visiting
           and
           correcting
           for
           
             Heresies
             &
             Schism
          
           ,
           &c.
           shall
           
             for
             ever
             ,
             by
             Authority
             of
             that
             Parliament
             ,
             be
             united
             and
             annexed
             to
             the
             Imperial
             Crown
             of
             this
             Realm
             :
          
           Ecclesiastics
           were
           to
           swear
           that
           they
           would
           maintain
           all
           such
           
             Jurisdiction
             ,
             Privileges
             ,
             Preeminence
          
           and
           Authority
           ,
           as
           granted
           or
           belonging
           to
           the
           
             Queen's
             Highness
             ,
             her
             Heirs
             and
             Successors
             ,
          
           or
           
             united
             to
             the
             Imperial
             Crown
             of
             the
             Realm
             .
          
           And
           the
           Queen
           is
           impowred
           to
           issue
           out
           Commissions
           for
           
             the
             executing
             that
             Act.
          
           
        
         
           This
           Statute
           bound
           Ireland
           ,
           by
           plain
           intention
           ,
           as
           that
           34
           and
           35
           H.
           8.
           did
           in
           express
           words
           .
           But
           Mr.
           M.
           will
           have
           it
           a
           mighty
           Argument
           ,
           
           that
           this
           was
           of
           no
           force
           
           in
           Ireland
           ,
           till
           received
           by
           a
           Parliament
           there
           :
           because
           after
           it
           had
           bin
           repealed
           in
           England
           by
           one
           Act
           ,
           and
           another
           since
           the
           Revolution
           has
           declared
           such
           Commissions
           to
           be
           illegal
           ;
           yet
           the
           Chancellor
           ,
           and
           others
           in
           Ireland
           ,
           have
           held
           it
           to
           be
           still
           in
           force
           there
           .
           But
           ,
        
         
           1.
           
           He
           ought
           to
           have
           shewn
           that
           the
           Statute
           here
           ,
           repealing
           so
           much
           of
           the
           Statute
           of
           the
           Queen
           ,
           as
           plainly
           exprest
           an
           intention
           ,
           that
           no
           such
           Commission
           should
           be
           granted
           in
           Ireland
           ,
           as
           the
           Statute
           of
           the
           Queen
           did
           ,
           that
           Ireland
           should
           be
           subject
           to
           
             the
             same
             Ecclesiastical
             Authority
          
           ,
           and
           
             in
             the
             same
             manner
          
           that
           England
           was
           :
           nor
           is
           it
           to
           any
           purpose
           for
           him
           to
           cite
           the
           Declarations
           in
           the
           late
           Statute
           of
           the
           illegality
           of
           such
           Commissions
           ;
           unless
           that
           Act
           had
           damn'd
           such
           Commissions
           ,
           not
           only
           as
           being
           contrary
           to
           the
           Act
           of
           Repeal
           ,
           but
           not
           to
           be
           warranted
           by
           the
           Statute
           of
           the
           Queen
           :
           but
           then
           this
           would
           have
           condemned
           the
           Resolution
           which
           he
           cites
           ,
           of
           the
           Authority
           of
           such
           Commissions
           still
           in
           Ireland
           .
        
         
         
           2.
           
           Admit
           Mr.
           M.
           should
           prove
           ,
           that
           the
           Statute
           made
           in
           England
           ,
           taking
           away
           the
           Authority
           of
           such
           
             Ecclesiastical
             Commissions
          
           here
           ,
           as
           plainly
           intended
           to
           reach
           Ireland
           ,
           't
           will
           afterwards
           appear
           ,
           that
           unless
           Mr.
           M.
           shew
           ,
           that
           this
           Act
           had
           been
           transmitted
           to
           Ireland
           ,
           under
           the
           Great
           Seal
           of
           England
           ;
           the
           supposition
           that
           such
           Commissions
           may
           still
           be
           legally
           executed
           in
           Ireland
           ,
           will
           not
           in
           the
           least
           derogate
           from
           the
           Authority
           of
           the
           Parliament
           of
           England
           .
        
         
           
           3
           dly
           ,
           But
           how
           contrary
           his
           supposal
           of
           an
           independent
           Authority
           in
           the
           Parliament
           of
           Ireland
           ,
           is
           not
           only
           to
           the
           Laws
           of
           reasoning
           ,
           but
           the
           Authorities
           of
           all
           times
           ,
           from
           H.
           2.
           downwards
           ,
           has
           already
           appeared
           in
           some
           measure
           ;
           and
           may
           farther
           by
           some
           Authorities
           out
           of
           many
           ,
           which
           will
           manifest
           ,
           that
           the
           Rights
           of
           the
           Crown
           of
           England
           to
           impose
           Laws
           upon
           Ireland
           ,
           by
           virtue
           of
           prior
           submissions
           and
           consent
           ,
           is
           so
           far
           from
           being
           departed
           from
           ,
           that
           't
           is
           strengthned
           and
           confirmed
           ,
           by
           long
           exercice
           and
           submission
           to
           it
           .
        
         
         
           
           Mr.
           M.
           considering
           the
           State
           of
           the
           Statute
           ▪
           Laws
           of
           England
           ,
           under
           H.
           2.
           
           King
           John
           ,
           and
           H.
           3.
           agrees
           ,
           That
           
             by
             the
             Irish
             voluntary
             submission
             to
             ,
             and
             acceptance
             of
             the
             Laws
             of
             England
             ,
             we
             must
             repute
             them
             to
             have
             submitted
             themselves
             to
             these
             likewise
             ,
             till
             a
             regular
             Legislature
             was
             established
             among
             them
             ,
             in
             pursuance
             of
             that
             voluntary
             submission
             ,
             and
             voluntary
             acceptance
             .
          
        
         
           
           Yet
           he
           soon
           forgets
           this
           Concession
           ,
           and
           would
           have
           it
           ,
           that
           the
           men
           of
           Ireland
           were
           not
           bound
           by
           new
           Laws
           ,
           but
           that
           the
           Grants
           of
           Liberties
           from
           Edward
           the
           Confessor's
           time
           ,
           down
           to
           H.
           3.
           were
           only
           declaratory
           Laws
           ,
           
             and
             confirmations
             one
             of
             another
             ;
             and
             that
             thus
          
           Ireland
           
           
             came
             to
             be
             govern'd
             by
             one
             and
             the
             same
             common
             Law
             with
          
           England
           .
        
         
           I
           must
           confess
           I
           could
           not
           but
           smile
           at
           his
           Marginal
           Note
           upon
           the
           proceedings
           of
           the
           Parliament
           at
           Oxford
           in
           the
           Reign
           of
           H.
           2.
           
             by
             this
          
           
           Ireland
           
             made
             an
             absolute
             separate
             Kingdom
          
           :
           And
           in
           the
           Body
           of
           his
           Book
           he
           says
           ,
           
             We
             shall
             observe
             that
             by
             this
             donation
             of
             the
             Kingdom
             of
             
             Ireland
             to
             King
             
               John
               ,
               Ireland
            
             was
             most
             eminently
             set
             apart
             again
             as
             a
             separate
             and
             distinct
             Kingdom
             by
             it self
             ,
             from
             the
             Kingdom
             of
             England
             ;
             and
             did
             so
             continue
             until
             the
             Kingdom
             of
             England
             descended
             and
             came
             unto
             King
             John.
             
          
        
         
           But
           to
           help
           him
           to
           understand
           this
           matter
           ,
           I
           shall
           mind
           him
           of
           another
           passage
           in
           Hen.
           II's
           Reign
           .
           As
           he
           placed
           his
           Son
           John
           in
           Ireland
           ,
           he
           ,
           to
           secure
           the
           Succession
           of
           the
           
             Imperial
             Crown
          
           of
           England
           to
           his
           eldest
           Son
           Henry
           ,
           caused
           him
           ,
           in
           a
           *
           Parliament
           ,
           to
           be
           chosen
           and
           made
           King
           of
           England
           ,
           while
           Henry
           the
           Father
           was
           alive
           .
        
         
           Now
           ,
           did
           the
           Father
           by
           this
           ,
           separate
           England
           from
           his
           own
           Jurisdiction
           ?
           No
           ,
           certainly
           ;
           and
           indeed
           ,
           in
           the
           Oath
           to
           the
           Son
           ,
           and
           the
           homage
           perform'd
           ,
           both
           at
           the
           Coronation
           and
           afterwards
           ,
           by
           the
           King
           of
           Scots
           ,
           there
           was
           a
           particular
           saving
           of
           the
           Allegiance
           and
           Homage
           due
           to
           the
           Father
           .
        
         
           Thus
           both
           Hoveden
           and
           Bromton
           shew
           that
           't
           was
           ,
           in
           relation
           to
           the
           constituting
           John
           King
           of
           Ireland
           ,
           
           as
           they
           call
           him
           :
           they
           are
           express
           ,
           that
           they
           to
           whom
           the
           Lands
           of
           Ireland
           were
           distributed
           ,
           in
           that
           very
           Parliament
           which
           gave
           John
           his
           Office
           and
           Authority
           ,
           were
           sworn
           to
           the
           Father
           and
           the
           Son.
           And
           Mr.
           M.
           might
           have
           observ'd
           ,
           that
           a
           Charter
           pass'd
           in
           that
           Parliament
           ,
           and
           cited
           by
           Sir
           
             John
             Davis
          
           ,
           grants
           
           to
           
             Hugh
             de
             Lacy
          
           large
           Territories
           in
           the
           County
           of
           Methe
           ,
           to
           hold
           of
           H.
           2.
           and
           his
           Heirs
           .
           Whereas
           if
           Ireland
           had
           been
           given
           ,
           as
           Mr.
           M.
           will
           have
           
           it
           ,
           to
           
             John
             ,
             and
             that
             thereby
             't
             was
             made
             an
             absolute
             Kingdom
             ,
             separate
             and
             wholly
             independent
             on
          
           England
           ;
           The
           Tenure
           must
           have
           been
           of
           John
           and
           his
           Heirs
           .
           *
           The
           Oath
           of
           Allegiance
           ,
           which
           in
           those
           days
           used
           to
           have
           no
           mention
           of
           Heirs
           ,
           was
           to
           H.
           2.
           as
           King
           of
           England
           ,
           and
           went
           along
           with
           the
           Crown
           ;
           but
           the
           Tenure
           reserved
           ,
           was
           expresly
           to
           the
           Heirs
           of
           H.
           2.
           which
           must
           relate
           to
           the
           legal
           Successors
           to
           the
           Crown
           of
           England
           ;
           since
           as
           King
           he
           could
           have
           no
           other
           Heir
           .
        
         
           But
           as
           this
           may
           manifest
           ,
           that
           the
           Parliament
           which
           made
           John
           King
           
           of
           Ireland
           ,
           design'd
           him
           no
           more
           than
           a
           subordinate
           and
           vicarious
           Authority
           ;
           't
           is
           plain
           he
           himself
           did
           not
           think
           he
           had
           more
           :
           in
           the
           Seal
           which
           he
           used
           ,
           he
           stiled
           himself
           Son
           *
           
             of
             the
             King
             ,
             Lord
          
           ,
           or
           
             who
             is
             Lord
             ,
             of
          
           Ireland
           .
           Nor
           is
           there
           the
           least
           footstep
           of
           any
           Coronation
           
           Oath
           taken
           by
           John
           as
           King
           of
           Ireland
           ;
           or
           that
           he
           ever
           wore
           an
           
             Irish
             Crown
          
           .
        
         
           
           Notwithstanding
           that
           share
           in
           the
           Government
           of
           Ireland
           which
           John
           had
           in
           his
           Father's
           life-time
           ;
           Ireland
           upon
           the
           Father's
           death
           fell
           
           to
           R.
           1.
           and
           the
           Archbishop
           of
           Dublin
           was
           assisting
           at
           his
           first
           Coronation
           ,
           before
           he
           went
           to
           the
           Holy
           War
           :
           Nor
           did
           John
           ever
           pretend
           to
           be
           King
           of
           Ireland
           ,
           while
           R.
           1.
           lived
           ,
           more
           than
           of
           England
           ;
           which
           having
           attempted
           ,
           while
           his
           Brother
           was
           in
           Foreign
           parts
           far
           remote
           ;
           upon
           his
           Brother's
           return
           ,
           he
           was
           ,
           by
           *
           Parliament
           ,
           deprived
           of
           all
           his
           Honours
           ,
           and
           Fortune
           :
           And
           thus
           ,
           at
           least
           ,
           he
           lost
           his
           suppos'd
           Royalty
           of
           Ireland
           ,
           if
           it
           did
           not
           expire
           upon
           the
           death
           of
           H.
           2.
           and
           
           this
           shews
           how
           rightly
           Polidore
           judged
           ,
           in
           calling
           him
           b
           Regulus
           ,
           or
           Viceroy
           .
        
         
           I
           will
           therefore
           admit
           Mr.
           M's
           supposal
           ,
           that
           R.
           1.
           c
           had
           not
           died
           without
           Issue
           ,
           but
           
             his
             Progeny
             had
             sat
             on
             the
             Throne
             of
          
           England
           ,
           
             in
             a
             continued
             succession
             to
             this
             day
          
           ;
           but
           cannot
           admit
           the
           other
           part
           of
           his
           supposal
           ,
           that
           the
           same
           had
           been
           in
           relation
           to
           the
           Throne
           of
           Ireland
           ;
           since
           John
           never
           had
           such
           Throne
           ,
           either
           before
           he
           was
           King
           of
           England
           ,
           nor
           after
           :
           and
           therefore
           I
           may
           well
           conclude
           ,
           that
           the
           subordination
           of
           
             Ireland
             to
             the
             Parliament
             ,
             or
             even
             to
             the
             King
             of
          
           England
           ,
           need
           not
           arise
           from
           any
           thing
           that
           followed
           after
           the
           descent
           of
           England
           to
           King
           John.
           Nor
           indeed
           was
           John
           King
           ,
           either
           of
           England
           or
           Ireland
           ,
           by
           descent
           ;
           but
           that
           Election
           of
           the
           States
           of
           the
           Kingdom
           of
           England
           ,
           which
           made
           him
           their
           King
           ,
           preferring
           him
           before
           Arthur
           an
           elder
           Brother's
           Son
           ,
           drew
           after
           it
           the
           Lordship
           of
           Ireland
           ,
           as
           an
           Appendant
           to
           the
           Crown
           of
           England
           :
           And
           however
           ,
           if
           H.
           2.
           had
           not
           sufficiently
           brought
           the
           Irish
           under
           the
           English
           Laws
           ,
           John
           did
           after
           he
           came
           to
           be
           King
           of
           England
           .
        
         
           In
           the
           9
           th
           of
           his
           Reign
           ,
           he
           a
           imposed
           Laws
           upon
           them
           in
           a
           Parliament
           of
           England
           ;
           not
           indeed
           without
           the
           desire
           and
           counsel
           of
           such
           English
           Lords
           who
           had
           Lands
           in
           Ireland
           ;
           but
           then
           their
           consent
           
           would
           have
           been
           involved
           in
           the
           consent
           of
           the
           majority
           here
           ,
           tho
           those
           Lords
           should
           have
           expresly
           dissented
           :
           But
           the
           Authority
           was
           derived
           from
           the
           consent
           of
           the
           King
           's
           
             faithful
             People
          
           ,
           which
           is
           mentioned
           as
           distinct
           from
           the
           desire
           or
           petition
           ,
           which
           occasioned
           the
           Law
           then
           made
           in
           a
           Parliament
           of
           England
           ;
           for
           the
           expelling
           Thieves
           and
           Robbers
           out
           of
           the
           King's
           Land
           of
           Ireland
           .
        
         
           For
           the
           effectual
           execution
           of
           this
           Act
           of
           Parliament
           ,
           King
           John's
           Expedition
           seems
           to
           have
           been
           undertaken
           the
           next
           year
           ,
           when
           he
           b
           entirely
           
             subdu'd
             his
             Enemies
          
           ;
           and
           c
           confiscated
           the
           Estates
           of
           some
           of
           the
           English
           great
           Men
           in
           Ireland
           :
           Which
           Confiscation
           seems
           to
           have
           been
           after
           his
           return
           to
           England
           ;
           but
           before
           that
           ,
           or
           at
           some
           other
           time
           in
           his
           Reign
           ,
           he
           made
           a
           Law
           in
           Ireland
           ,
           which
           he
           
             commanded
             to
             be
             observed
             there
          
           ,
           That
           *
           
             all
             the
             Laws
             and
             Customs
             which
             are
             in
             force
             in
          
           England
           ,
           
             should
             be
             in
             force
             in
          
           Ireland
           ;
           
             and
             that
             Land
             be
             subject
             to
             the
             same
             Laws
             ,
             and
             be
             govern'd
             by
             them
             .
          
           This
           was
           before
           any
           pretence
           to
           their
           having
           any
           Charter
           for
           a
           Parliament
           ,
           other
           than
           the
           supposed
           sending
           over
           the
           
             modus
             tenendi
             Parl.
          
           by
           H.
           2.
           and
           is
           before
           the
           time
           that
           Mr.
           M.
           †
           takes
           a
           
             regular
             Legislature
          
           to
           have
           been
           established
           among
           them
           :
           Therefore
           according
           to
           himself
           ,
           
             we
             must
             repute
             them
             to
             have
             submitted
             ,
          
           not
           
           only
           to
           such
           Laws
           as
           had
           before
           that
           time
           been
           made
           in
           Parliaments
           of
           England
           ,
           but
           such
           as
           should
           be
           made
           ,
           till
           they
           of
           Ireland
           should
           have
           the
           establishment
           of
           a
           
             regular
             Legislature
          
           .
        
         
           However
           Mr.
           M.
           will
           have
           it
           ,
           that
           John
           gave
           Laws
           to
           Ireland
           ,
           *
           
             not
             as
             King
             of
          
           England
           ,
           
             but
             as
             Lord
             of
          
           Ireland
           ;
           and
           forms
           a
           pretty
           sort
           of
           an
           Argument
           from
           the
           stile
           of
           Lord
           of
           Ireland
           :
           as
           if
           this
           were
           an
           Argument
           ,
           that
           't
           is
           not
           dependent
           upon
           the
           Crown
           of
           England
           ;
           so
           excellent
           a
           faculty
           has
           he
           of
           making
           contraries
           serve
           his
           purpose
           .
           But
           't
           is
           very
           unlucky
           ,
           that
           John's
           retaining
           this
           stile
           is
           not
           only
           an
           Argument
           that
           Ireland
           is
           a
           Dominion
           ,
           or
           Land
           ,
           appendant
           to
           the
           Crown
           of
           England
           ;
           but
           that
           John
           was
           never
           King
           †
           of
           Ireland
           ,
           which
           he
           would
           certainly
           have
           kept
           up
           as
           a
           distinct
           Interest
           ,
           if
           he
           ever
           had
           such
           a
           Title
           separate
           from
           the
           Crown
           of
           England
           .
        
         
           H.
           3.
           being
           made
           K.
           of
           England
           by
           the
           like
           choice
           of
           the
           States
           ,
           which
           preferr'd
           him
           before
           Arthur's
           Sister
           ,
           as
           they
           did
           John
           before
           the
           Brother
           ;
           in
           concurrence
           with
           these
           States
           ,
           truly
           acted
           as
           Lord
           of
           Ireland
           ,
           as
           might
           be
           shewn
           by
           numerous
           Instances
           .
        
         
           
           In
           the
           18
           th
           of
           his
           Reign
           ,
           upon
           matters
           signified
           to
           him
           out
           of
           Ireland
           ,
           he
           summoned
           the
           
             Archbishops
             ,
             Bishops
             ,
             Earls
          
           ,
           
           Barons
           ,
           and
           all
           the
           
             great
             Men
          
           ,
           or
           Nobility
           of
           the
           Kingdom
           of
           England
           ,
           to
           𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁
           a
           Parliament
           at
           London
           ,
           to
           treat
           about
           the
           State
           of
           his
           Kingdom
           ,
           and
           of
           his
           Land
           of
           Ireland
           .
        
         
           And
           in
           the
           21
           †
           of
           his
           Reign
           ,
           he
           sends
           a
           Writ
           to
           the
           Archbishops
           and
           others
           *
           of
           Ireland
           ,
           acquainting
           them
           that
           by
           the
           common
           consent
           of
           the
           
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Earls
             ,
          
           and
           Barons
           of
           the
           Kingdom
           of
           England
           ,
           alterations
           of
           the
           Law
           of
           England
           were
           enacted
           ,
           as
           to
           the
           Limitations
           of
           several
           Writs
           ;
           which
           were
           then
           required
           to
           be
           observed
           in
           Ireland
           ,
           in
           pursuance
           of
           the
           Statute
           of
           Merton
           .
        
         
           In
           †
           the
           37
           th
           of
           his
           Reign
           ,
           an
           Irish
           man
           having
           pleaded
           ,
           that
           he
           and
           his
           Brother
           ,
           and
           their
           Ancestors
           ,
           had
           always
           bin
           faithful
           to
           the
           Kings
           of
           England
           ,
           his
           Predecessors
           ,
           and
           served
           them
           in
           the
           CONQUEST
           OF
           THE
           IRISH
           ;
           they
           are
           ,
           by
           peculiar
           licence
           under
           the
           Great
           Seal
           of
           England
           ,
           admitted
           to
           enjoy
           by
           descent
           ,
           as
           Englishmen
           .
           Which
           was
           an
           alteration
           of
           the
           a
           Law
           ,
           and
           Custom
           of
           Ireland
           ,
           as
           to
           those
           particular
           Persons
           ,
           without
           any
           Act
           of
           Parliament
           there
           .
        
         
           Indeed
           ,
           but
           four
           years
           after
           't
           is
           b
           recorded
           ,
           that
           't
           was
           c
           
             long
             before
          
           ,
           and
           d
           
             many
             Ages
             past
          
           ;
           which
           must
           reach
           beyond
           the
           Expedition
           of
           H.
           2.
           provided
           
           and
           yielded
           ,
           by
           the
           assent
           and
           desire
           of
           the
           Prelats
           ,
           and
           
             great
             Men
          
           of
           the
           Land
           of
           Ireland
           ,
           that
           they
           should
           be
           bound
           by
           the
           Laws
           us'd
           in
           the
           Kingdom
           of
           England
           :
           Yet
           the
           same
           Record
           restrains
           this
           to
           the
           consent
           of
           only
           the
           c
           English
           of
           the
           Land
           of
           Ireland
           .
           However
           't
           is
           beyond
           dispute
           that
           the
           English
           Laws
           ,
           both
           made
           and
           to
           be
           made
           in
           England
           ,
           were
           then
           held
           to
           reach
           as
           far
           as
           the
           English
           Interest
           in
           the
           Land
           of
           Ireland
           :
           and
           this
           ,
           
           according
           to
           the
           Record
           18
           H.
           2.
           above
           referr'd
           to
           ,
           was
           provided
           
             de
             communi
             Consilio
             Regis
          
           ,
           by
           the
           
             King
             's
             Common
             Council
          
           :
           tho
           by
           what
           Council
           ,
           it
           must
           have
           been
           provided
           ,
           will
           more
           fully
           appear
           afterwards
           ,
           I
           may
           here
           explain
           it
           by
           an
           Instance
           in
           that
           Reign
           .
        
         
           All
           must
           agree
           ,
           that
           the
           Provisions
           of
           Oxford
           ,
           in
           the
           43
           d
           of
           H.
           3.
           and
           referr'd
           to
           in
           the
           Records
           of
           the
           next
           year
           ,
           were
           made
           in
           as
           true
           a
           Parliament
           as
           any
           in
           that
           Reign
           before
           the
           49
           th
           :
           't
           is
           call'd
           a
           g
           Parliament
           by
           good
           Authors
           ,
           and
           the
           word
           is
           used
           in
           the
           Records
           of
           the
           next
           a
           year
           ,
           in
           relation
           to
           a
           meeting
           on
           the
           Borders
           of
           Wales
           .
           The
           b
           Ordinances
           and
           Provisions
           made
           at
           Oxford
           ,
           were
           drawn
           up
           by
           12
           chosen
           by
           the
           King
           ,
           and
           12
           by
           the
           Commons
           ;
           concerning
           which
           the
           Record
           has
           these
           words
           ,
           
             
               
                 
                 
                 Anno
                 ab
                 incarnat
                 .
                 domini
                 1259.
                 
                 Regni
                 autem
                 H.
                 Regis
                 fil
                 .
                 Regis
                 J.
                 43.
                 in
                 quindena
                 St.
                 Mic.
                 conven
                 .
                 ips
                 .
                 domino
                 Rege
                 &
                 magnatibus
                 suis
                 ,
                 de
                 communi
                 consilio
                 &
                 consensu
                 dictor
                 .
                 Regis
                 &
                 magnatum
                 ,
                 factae
                 sunt
                 provisiones
                 per
                 ipsos
                 Regem
                 &
                 Magnates
                 .
              
               
                 In
                 the
                 year
                 from
                 the
                 incarnation
                 of
                 our
                 Lord
                 1259.
                 but
                 of
                 the
                 Reign
                 of
                 K.
                 Henry
                 ,
                 Son
                 of
                 K.
                 John
                 ,
                 the
                 43d
                 ,
                 the
                 said
                 King
                 and
                 his
                 great
                 Men
                 ,
                 being
                 assembled
                 in
                 the
                 Quinzism
                 of
                 St.
                 Michael
                 ,
                 Provisions
                 were
                 made
                 by
                 the
                 Common
                 Council
                 ,
                 and
                 consent
                 of
                 the
                 said
                 King
                 ,
                 and
                 great
                 men
                 .
              
            
          
        
         
           And
           yet
           some
           of
           the
           Entries
           in
           the
           same
           Roll
           ,
           mentioning
           Provisions
           then
           made
           ,
           are
           ,
           c
           
             per
             magnates
             nostros
             qui
             sunt
             de
             consilio
             nostro
             ,
          
           
             By
             our
             great
             Men
             of
             our
             Council
             .
          
           Others
           ,
           d
           
             Per
             magnates
             de
             Consilio
             meo
          
           ,
           
             By
             the
             great
             Men
             of
             our
             Council
             .
          
           As
           if
           't
           was
           by
           the
           sole
           Authority
           of
           the
           King
           ,
           and
           such
           noble
           Men
           as
           were
           of
           his
           Privy
           or
           Private
           Council
           ;
           whe●
           those
           Provisions
           were
           certainly
           made
           in
           full
           Parliament
           :
           and
           this
           was
           the
           Council
           from
           whence
           Ireland
           then
           receiv'd
           its
           Laws
           .
        
         
           
           However
           from
           a
           Charter
           in
           the
           first
           of
           that
           King's
           Reign
           ,
           Mr.
           M.
           would
           infer
           ,
           that
           the
           English
           there
           had
           their
           independent
           
           Parliaments
           then
           established
           ,
           or
           confirmed
           ,
           tho
           he
           afterwards
           admits
           ,
           that
           during
           that
           King's
           Reign
           they
           
           might
           have
           been
           bound
           by
           Laws
           made
           here
           for
           want
           of
           a
           a
           
             regular
             legislature
             establish'd
             amongst
             them
          
           .
        
         
           The
           b
           Charter
           ,
           or
           rather
           Writ
           with
           which
           a
           Charter
           was
           sent
           ,
           runs
           thus
           .
           
             
               
                 
                   Rex
                   ▪
                   Archiepisc
                   .
                   Episc
                   .
                   Abbatibus
                   ,
                   Comitibus
                   ,
                   Baronibus
                   ,
                   Militibus
                   &
                   omnibus
                   fidelibus
                   suis
                   per
                   Hiberniam
                   constitutis
                   salutem
                   .
                   fidelitatemvestram
                   in
                   Domino
                   commendantes
                   ,
                   quam
                   Domino
                   Patri
                   nostro
                   semper
                   exhibuistis
                   ,
                   &
                   nobis
                   estis
                   diebus
                   nostris
                   exhibituri
                   ;
                   volumus
                   quòd
                   in
                   signum
                   fideli●a●is
                   vestraetam
                   praeclarae
                   ,
                   tam
                   insignis
                   ,
                   libertatibus
                   Regno
                   nostro
                   Angliae
                   à
                   patre
                   nostro
                   &
                   nobis
                   concessis
                   ,
                   de
                   gratiâ
                   nostrâ
                   &
                   dono
                   ,
                   in
                   Regno
                   Hiberniae
                   gaudeatis
                   ;
                   quas
                   distinctè
                   in
                   scriptum
                   reductas
                   ,
                   de'communi
                   consilio
                   omnium
                   fidel
                   .
                   nostrorum
                   vobis
                   mittimus
                   ,
                   signatas
                   Sigillis
                   Domini
                   nostri
                   G.
                   Apostolicae
                   sedis
                   Legati
                   ,
                   &
                   fidelis
                   nostri
                   Comitis
                   Mareschalli
                   ,
                   Rector
                   is
                   nostri
                   &
                   regni
                   nostri
                   ;
                   quia
                   sigillum
                   nondum
                   habuimus
                   ,
                   easdem
                   processu
                   temporis
                   de
                   Majori
                   consilio
                   proprio
                   Sigillo
                   signatur
                   .
                
                 
                   Teste
                   apud
                   Glost
                   .
                   6.
                   
                   Feb.
                   
                
              
               
                 
                   The
                   King
                   to
                   the
                   Archbishops
                   ,
                   Bishops
                   Earls
                   ,
                   Barons
                   ,
                   Kts.
                   and
                   all
                   our
                   faithful
                   Subjects
                   constituted
                   throughout
                   Ireland
                   ,
                   Health
                   .
                   Commending
                   your
                   fidelity
                   in
                   the
                   Lord
                   which
                   you
                   always
                   shewed
                   to
                   your
                   Lord
                   our
                   Father
                   ,
                   and
                   are
                   about
                   to
                   shew
                   to
                   〈◊〉
                   in
                   our
                   days
                   ;
                   we
                   will
                   that
                   in
                   sign
                   of
                   your
                   fidelity
                   ●o
                   remarkable
                   ,
                   so
                   eminent
                   you
                   enjoy
                   in
                   our
                   Kingdom
                   of
                   Ireland
                   ,
                   the
                   Lib●rties
                   granted
                   to
                   our
                   Kingdom
                   of
                   
                     England
                     ▪
                  
                   by
                   our
                   Father
                   &
                   us
                   ;
                   which
                   ,
                   
                     distinctly
                     reduced
                     into
                     Writing
                     ,
                     we
                     send
                     you
                     ,
                     by
                     the
                     Common
                     Counsel
                     of
                     all
                     our
                     faithful
                     People
                     :
                  
                   Sealed
                   with
                   the
                   Seals
                   of
                   the
                   Lord
                   G.
                   Legate
                   of
                   the
                   Apostolick
                   See
                   ,
                   &
                   of
                   our
                   faithful
                   Subject
                   W.
                   Earl
                   Marshal
                   Regent
                   of
                   us
                   and
                   our
                   Kingdom
                   ;
                   because
                   we
                   have
                   not
                   yet
                   a
                   Seal
                   ,
                   intending
                   in
                   process
                   of
                   time
                   by
                   consent
                   of
                   a
                   greater
                   Counsel
                   to
                   seal
                   them
                   with
                   our
                   own
                   Seal
                   .
                
                 
                   Teste
                   at
                   Gloster
                   ,
                   6.
                   
                   Feb.
                   
                
              
            
          
        
         
         
           
           How
           specious
           soever
           this
           may
           seem
           ,
           't
           will
           neither
           prove
           Ireland
           to
           have
           been
           a
           Kingdom
           so
           early
           ,
           nor
           to
           have
           had
           a
           grant
           of
           the
           
             English
             Liberties
          
           ,
           in
           the
           same
           manner
           as
           the
           English
           enjoyed
           them
           ;
           that
           is
           ,
           so
           as
           to
           have
           no
           Law
           imposed
           upon
           them
           without
           
           their
           
             express
             and
             immediate
             consent
          
           ,
           to
           that
           very
           Law.
           For
           ,
        
         
           1.
           
           'T
           is
           not
           to
           be
           suppos'd
           ,
           but
           that
           if
           Ireland
           had
           been
           a
           Kingdom
           before
           this
           Charter
           ,
           H.
           2.
           and
           other
           Kings
           of
           England
           would
           have
           stiled
           themselves
           
             Kings
             of
             Ireland
          
           ,
           rather
           than
           Lords
           ,
           because
           of
           the
           greater
           Dignity
           of
           Kingship
           ;
           unless
           Lord
           was
           chosen
           as
           implying
           more
           absolute
           Power
           ;
           which
           would
           argue
           that
           Ireland
           did
           not
           enjoy
           the
           English
           Laws
           with
           equal
           Freedom
           .
        
         
           2.
           
           This
           Writ
           mentions
           no
           Liberties
           granted
           to
           Ireland
           ,
           but
           what
           had
           been
           a
           granted
           to
           England
           ;
           which
           besides
           the
           improbability
           that
           Ireland
           should
           1
           H.
           3.
           have
           a
           Charter
           of
           the
           b
           same
           form
           with
           that
           which
           did
           not
           pass
           in
           England
           till
           8
           Years
           after
           ,
           shews
           the
           spuriousness
           of
           the
           suppos'd
           Charter
           preserved
           in
           the
           c
           
             red
             Book
          
           of
           the
           Exchequer
           at
           Dublin
           ,
           as
           dated
           the
           November
           before
           the
           Charter
           sent
           the
           6th
           .
           of
           February
           :
           and
           however
           ,
           the
           constant
           d
           method
           of
           sending
           Laws
           from
           hence
           to
           
           be
           applyed
           to
           the
           use
           of
           the
           Irish
           ,
           without
           any
           alteration
           ;
           may
           sufficiently
           detect
           that
           Charter
           ,
           which
           
           has
           the
           City
           of
           Dublin
           instead
           of
           London
           .
        
         
           3.
           
           The
           method
           of
           sending
           to
           Ireland
           the
           Laws
           made
           here
           ,
           besides
           what
           appears
           upon
           the
           face
           of
           the
           Record
           6.
           
           Feb
           ;
           may
           satisfie
           any
           Body
           that
           't
           was
           only
           a
           Writ
           which
           went
           along
           with
           a
           Charter
           or
           Charters
           of
           Laws
           ,
           passed
           in
           Parliament
           here
           .
        
         
           4.
           
           This
           Writ
           was
           before
           any
           confirmation
           of
           the
           
             English
             Liberties
          
           by
           H.
           3.
           other
           than
           general
           at
           his
           Coronation
           ;
           and
           therefore
           bating
           such
           Confirmation
           ,
           the
           Charter
           of
           Liberties
           then
           sent
           into
           Ireland
           ,
           must
           have
           been
           John's
           which
           (
           if
           it
           be
           read
           according
           to
           the
           due
           distinction
           of
           Periods
           ,
           and
           that
           Translation
           which
           the
           course
           of
           Records
           both
           before
           and
           after
           enforces
           ,
           and
           which
           the
           prevalence
           of
           Truth
           has
           obliged
           Dr.
           Brady
           to
           yeild
           ,
           to
           the
           giving
           up
           his
           whole
           Controversie
           with
           Mr.
           Petyt
           ,
           and
           the
           Author
           
           
           of
           
             Jani
             Anglorum
             Facies
             Nova
          
           )
           makes
           express
           Provision
           for
           the
           
             City
             of
             London
          
           ,
           all
           
             Cities
             ,
             Burroughs
          
           ,
           and
           Vills
           of
           the
           Kingdom
           of
           England
           ,
           to
           enjoy
           all
           their
           Liberties
           and
           Free-Customs
           ,
           and
           ,
           among
           the
           rest
           ,
           to
           be
           of
           ,
           or
           to
           be
           represented
           in
           ,
           the
           
             Common
             Council
          
           of
           the
           Kingdom
           .
        
         
           But
           Ireland
           had
           no
           City
           of
           London
           to
           claim
           this
           Privilege
           ;
           nor
           could
           any
           City
           of
           Ireland
           be
           included
           ,
           any
           otherwise
           than
           as
           part
           of
           the
           Kingdom
           of
           England
           ,
           and
           therefore
           subject
           to
           the
           Laws
           which
           should
           be
           made
           here
           .
        
         
           2.
           
           This
           could
           not
           be
           as
           extensive
           to
           Ireland
           as
           't
           was
           to
           England
           ;
           since
           it
           could
           not
           have
           extended
           beyond
           the
           
             English
             Pale
          
           there
           ,
           and
           such
           particular
           Districts
           as
           enjoy'd
           the
           
             English
             Laws
          
           ,
           of
           
             special
             Favour
          
           .
        
         
           Therefore
           the
           Charter
           then
           sent
           by
           H.
           3.
           could
           ,
           as
           to
           this
           Matter
           ,
           be
           no
           more
           than
           a
           Memorial
           of
           that
           Supreme
           Law
           ,
           according
           to
           which
           ,
           England
           ,
           with
           all
           the
           Dominions
           belonging
           to
           it
           ,
           was
           
           to
           be
           Governed
           ,
           and
           an
           assurance
           that
           they
           should
           have
           no
           Laws
           imposed
           upon
           them
           ,
           in
           any
           other
           manner
           ,
           than
           upon
           such
           of
           the
           English
           here
           ,
           as
           had
           no
           Votes
           in
           the
           making
           Laws
           .
           But
           one
           end
           at
           least
           of
           the
           sending
           over
           that
           Charter
           must
           needs
           have
           been
           ,
           suitable
           to
           the
           declared
           end
           of
           a
           
           Subsequent
           sending
           King
           John's
           Charter
           ,
           when
           the
           
             Justice
             of
          
           Ireland
           was
           required
           to
           Summon
           ,
           not
           only
           the
           
             Great
             Men
          
           ,
           but
           the
           Free-holders
           of
           every
           County
           ,
           who
           after
           the
           Laws
           had
           been
           read
           to
           them
           ,
           were
           to
           swear
           to
           the
           observance
           of
           them
           ;
           beside
           which
           they
           were
           to
           be
           Proclaim'd
           in
           the
           several
           Counties
           .
        
         
           5.
           
           Admit
           the
           Charter
           sent
           to
           Ireland
           1.
           
           H.
           3.
           had
           given
           the
           Irish
           Liberty
           to
           hold
           Parliaments
           ,
           with
           Representatives
           from
           all
           parts
           of
           that
           Land
           ,
           according
           to
           the
           English
           Form
           ;
           This
           Liberty
           was
           derived
           from
           a
           Convention
           of
           the
           States
           of
           the
           Kingdom
           of
           England
           ,
           or
           Parliament
           ,
           in
           the
           Minority
           of
           a
           King
           ,
           who
           had
           no
           Judgment
           
           of
           his
           own
           ;
           was
           under
           the
           Government
           of
           a
           Subject
           whom
           the
           States
           had
           set
           
             over
             him
          
           and
           the
           Kingdom
           ;
           and
           that
           King
           was
           manifestly
           Chosen
           by
           them
           ,
           to
           the
           setting
           aside
           Eleanor
           ,
           who
           had
           the
           Right
           of
           Descent
           as
           far
           as
           that
           could
           avail
           :
           So
           that
           ,
           the
           King
           could
           have
           no
           pretence
           to
           the
           imaginary
           divine
           Right
           of
           Succession
           ;
           and
           therefore
           that
           Charter
           must
           have
           been
           derived
           from
           the
           Grant
           of
           the
           People
           of
           England
           .
           And
           besides
           ,
           the
           Record
           shews
           that
           this
           ,
           tho'
           sent
           by
           the
           advice
           of
           all
           the
           
             King
             's
             faithful
             People
          
           ,
           was
           thought
           to
           want
           some
           Formality
           to
           make
           it
           a
           Parliament
           :
           the
           Assembly
           in
           which
           it
           was
           advised
           ,
           being
           held
           by
           a
           Regent
           ,
           may
           be
           thought
           to
           have
           occasioned
           the
           reference
           to
           a
           greater
           a
           or
           more
           solemn
           Council
           :
           However
           ,
           such
           reference
           shews
           ,
           that
           't
           was
           not
           their
           Intention
           to
           be
           concluded
           by
           what
           was
           then
           done
           ;
           and
           when
           a
           Charter
           is
           b
           afterwards
           sent
           over
           in
           full
           Form
           ;
           then
           there
           's
           not
           a
           word
           of
           Concession
           ,
           but
           an
           
           absolute
           Command
           ,
           that
           the
           Laws
           be
           publish'd
           and
           obey'd
           .
        
         
           However
           ,
           take
           the
           Charter
           sent
           them
           1.
           
           H.
           3.
           in
           the
           utmost
           extent
           imaginable
           ,
           't
           is
           not
           to
           be
           thought
           ,
           that
           while
           the
           
             English
             Parliament
          
           gave
           those
           of
           the
           
             English
             Pale
          
           ,
           or
           others
           in
           
             Ireland
             ,
             Liberty
          
           to
           hold
           Parliaments
           ,
           they
           divested
           themselves
           of
           that
           Authority
           by
           which
           they
           gave
           
             such
             Liberty
          
           .
        
         
           To
           use
           the
           Words
           of
           the
           great
           Man
           Grotius
           ,
           
             
               
                 
                 Se
                 ,
                 per
                 modum
                 legis
                 ,
                 id
                 est
                 ,
                 per
                 modum
                 superioris
                 ▪
                 obgare
                 nemo
                 potest
                 .
                 Et
                 hinc
                 est
                 ,
                 quod
                 legum
                 Auctores
                 habent
                 jus
                 leges
                 suas
                 mutandi
                 .
                 Potest
                 tamen
                 quis
                 obligari
                 suâ
                 lege
                 ,
                 non
                 directè
                 s●d
                 per
                 reflectionem
                 ex
                 aequitate
                 naturali
                 ,
                 quae
                 partes
                 vult
                 componi
                 ad
                 rationem
                 integri
                 .
              
               
                 No
                 Man
                 can
                 bind
                 himself
                 by
                 way
                 of
                 Law
                 ,
                 that
                 is
                 as
                 a
                 Sup●rior
                 .
                 And
                 hence
                 ●tis
                 ,
                 that
                 Law-makers
                 have
                 Right
                 to
                 change
                 their
                 Laws
                 .
                 Yet
                 one
                 may
                 be
                 bound
                 by
                 his
                 own
                 Law
                 ,
                 not
                 directly
                 ,
                 but
                 by
                 reflexion
                 from
                 natural
                 Equ●ty
                 ,
                 which
                 requires
                 the
                 parts
                 to
                 be
                 compos'd
                 with
                 respect
                 to
                 the
                 whole
                 .
              
            
          
        
         
         
           6.
           
           Admit
           the
           Charter
           sent
           1.
           
           H.
           3.
           being
           by
           consent
           of
           the
           States
           of
           the
           Kingdom
           of
           England
           ,
           should
           be
           taken
           for
           an
           absolute
           departure
           from
           Power
           before
           vested
           in
           them
           ;
           then
           it
           ought
           to
           be
           taken
           Stricti●juris
           ,
           and
           to
           confer
           no
           Rright
           beyond
           what
           is
           express'd
           :
           And
           therefore
           ,
        
         
           1.
           
           The
           Men
           of
           Ireland
           had
           a
           Grant
           only
           of
           
             such
             Liberties
          
           as
           were
           sent
           them
           a
           
             distinctly
             reduced
             into
             Writing
          
           :
           And
           unless
           the
           usual
           Practice
           of
           sending
           over
           the
           Laws
           made
           here
           be
           taken
           to
           explain
           this
           ,
           or
           they
           shew
           the
           very
           Charter
           then
           sent
           ;
           't
           is
           to
           be
           supposed
           ,
           that
           
             only
             such
             Liberties
             were
             Expressed
          
           and
           Granted
           them
           ,
           as
           were
           proper
           for
           an
           
             Appendage
             to
             the
             Crown
             of
          
           England
           .
        
         
           2.
           
           If
           all
           King
           
             John's
             Charter
          
           were
           sent
           them
           ,
           (
           which
           I
           may
           well
           admit
           ,
           according
           to
           the
           explanation
           of
           the
           following
           usage
           ;
           )
           unless
           they
           can
           prove
           ,
           as
           we
           can
           here
           ,
           that
           before
           that
           time
           they
           had
           
             Common
             Councils
             of
             all
             the
             Land
             of
          
           Ireland
           ,
           for
           all
           Matters
           
           
           of
           Publick
           concern
           ,
           and
           that
           the
           Maxim
           here
           had
           obtain'd
           there
           ;
           
             Those
             things
             which
             concern
             all
             ,
             ought
             to
             be
             treated
             of
             by
             all
          
           ;
           the
           only
           end
           of
           
             Common
             Councils
          
           of
           the
           Kingdom
           of
           England
           ,
           expressed
           in
           
             King
             John's
             Charter
          
           ,
           being
           in
           relation
           to
           the
           principal
           Grievance
           about
           the
           raising
           of
           Aids
           to
           the
           Crown
           ;
           the
           Grants
           to
           Ireland
           could
           extend
           no
           further
           ,
           than
           a
           Liberty
           to
           have
           such
           a
           Council
           for
           the
           raising
           Aids
           .
        
         
           And
           there
           's
           no
           doubt
           ,
           but
           more
           Money
           may
           be
           rais'd
           by
           such
           
             National
             Consent
          
           ,
           than
           can
           be
           in
           the
           most
           Arbitrary
           way
           :
           which
           abates
           the
           force
           of
           the
           Argument
           ,
           from
           H.
           3.
           his
           desiring
           the
           
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Priors
             ,
          
           
           
             Earls
             ,
             Barons
             ,
             Knights
             ,
             Freemen
             ,
             Cities
             ,
          
           and
           
             Burroughs
             of
             the
             Land
             of
          
           Ireland
           ,
           to
           Aid
           him
           as
           much
           as
           they
           could
           ,
           with
           Men
           and
           Money
           .
        
         
           And
           hence
           ,
           tho'
           't
           would
           have
           been
           no
           breach
           of
           John's
           Charter
           ,
           for
           the
           King
           to
           raise
           Aids
           of
           his
           
             Tenents
             in
             Chief
          
           ,
           for
           making
           
           
             his
             Eldest
             Son
             a
             Knight
          
           ,
           without
           calling
           for
           them
           to
           any
           Council
           ;
           that
           being
           one
           of
           the
           exceptions
           out
           of
           the
           Liberties
           expressed
           
           in
           that
           Charter
           ;
           yet
           H.
           3.
           writ
           to
           the
           
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Priors
             ,
             Earls
             ,
             Barons
             ,
             Knights
             ,
             and
             all
             his
             Freemen
             of
             the
             Land
             of
          
           Ireland
           ,
           intreating
           them
           to
           give
           him
           
             such
             an
             Aid
          
           .
        
         
           6.
           
           After
           all
           ,
           to
           shew
           how
           little
           there
           is
           in
           his
           mighty
           Argument
           from
           the
           Writ
           1.
           
           H.
           3.
           
           Let
           him
           take
           his
           choice
           ,
           either
           that
           the
           English
           in
           Ireland
           had
           a
           Parliament
           ,
           granted
           ,
           or
           confirmed
           to
           them
           by
           the
           Charter
           sent
           along
           with
           the
           Writ
           1.
           
           H.
           3.
           or
           they
           had
           not
           .
        
         
           If
           they
           had
           ,
           then
           those
           Laws
           which
           were
           made
           here
           after
           such
           Establishment
           ,
           in
           pursuance
           of
           the
           desire
           of
           them
           from
           Ireland
           ,
           shew
           that
           neither
           the
           Parliaments
           of
           England
           ,
           nor
           they
           of
           Ireland
           thought
           they
           had
           any
           Power
           to
           make
           Laws
           there
           .
           If
           there
           was
           no
           Grant
           or
           Confirmation
           of
           any
           Parliament
           there
           ,
           then
           the
           Concession
           
           of
           
             English
             Laws
             and
             Liberties
          
           ,
           was
           no
           more
           than
           a
           Declaration
           ,
           that
           they
           should
           be
           governed
           by
           the
           Laws
           made
           ,
           and
           to
           be
           made
           by
           Parliament
           in
           England
           ,
           or
           receiv'd
           there
           by
           the
           consent
           of
           the
           People
           ,
           giving
           Force
           and
           Authority
           to
           their
           own
           approved
           Customs
           .
        
         
           But
           since
           after
           all
           Mr.
           M.'s
           learned
           Flourishes
           about
           the
           Setling
           of
           Parliaments
           in
           Ireland
           ,
           by
           
           the
           Modus
           sent
           over
           in
           the
           time
           of
           H.
           2.
           and
           subsequent
           Grants
           ;
           he
           admits
           that
           under
           the
           3
           Kings
           ,
           H.
           2.
           
           
             King
             John
          
           ,
           and
           H.
           3.
           
             and
             their
             Predecessors
             ,
             we
             must
             repute
             them
             to
             have
             submitted
             to
             the
             Laws
             made
             here
             in
             those
             Reigns
             ,
          
           for
           want
           
             of
             a
             regular
             Legislature
             establish'd
             among
             them
          
           ;
           And
           since
           ,
           whatever
           he
           admits
           ,
           there
           's
           no
           Colour
           of
           such
           an
           Establishment
           by
           the
           end
           of
           H.
           3.
           
           Let
           's
           see
           what
           can
           be
           found
           in
           the
           next
           Reign
           .
        
         
           E.
           1.
           having
           in
           his
           absence
           from
           England
           upon
           the
           Death
           of
           H.
           3.
           his
           Father
           ,
           been
           
             Elected
             and
             Declared
             King
             of
          
           England
           ,
           
             in
             a
             full
          
           
           
             Convention
             of
             the
             States
             of
             this
             Kingdom
          
           ;
           
           in
           a
           a
           Writ
           sent
           by
           those
           States
           to
           Ireland
           ,
           't
           is
           affirm'd
           ,
           that
           
             the
             Government
          
           of
           England
           ,
           and
           the
           Dominion
           or
           Lordship
           of
           the
           Land
           of
           Ireland
           ,
           belonged
           to
           him
           by
           
             Hereditary
             Succession
          
           ;
           not
           that
           he
           was
           held
           to
           be
           King
           by
           a
           meer
           Right
           of
           Descent
           ,
           but
           as
           the
           b
           Ritual
           of
           the
           Coronation
           of
           H.
           1.
           and
           the
           Writ
           for
           Proclaiming
           the
           Peace
           of
           E.
           1.
           in
           England
           ,
           and
           Authors
           of
           the
           time
           shew
           ,
           the
           Election
           of
           the
           States
           of
           England
           placed
           him
           in
           the
           c
           Inheritance
           of
           the
           Crown
           :
           therefore
           the
           States
           of
           England
           declare
           to
           the
           Subjects
           of
           Ireland
           ,
           that
           they
           were
           bound
           to
           take
           the
           like
           Oath
           of
           Allegiance
           as
           the
           English
           had
           done
           ;
           and
           this
           is
           required
           of
           them
           by
           the
           States
           here
           ,
           under
           
             the
             Great
             Seal
             of
             England
          
           :
           nor
           is
           there
           colour
           to
           believe
           ,
           that
           there
           was
           any
           Summons
           to
           Ireland
           for
           any
           from
           thence
           to
           come
           to
           that
           Con●ention
           ;
           nor
           indeed
           ,
           was
           there
           time
           for
           such
           Summons
           and
           return
           ,
           before
           that
           meeting
           ;
           notwithstanding
           Mr.
           M's
           assertion
           of
           
           this
           Reign
           in
           particular
           ,
           a
           that
           the
           Laws
           made
           in
           England
           and
           binding
           them
           ,
           were
           always
           enacted
           
             by
             their
             proper
             Representatives
          
           ;
           meaning
           ,
           
             Representatives
             chosen
             in
             Ireland
          
           :
           the
           reason
           for
           which
           he
           there
           brings
           from
           supposed
           instances
           in
           the
           Reign
           of
           E.
           3.
           seeming
           not
           to
           rely
           upon
           his
           Quotation
           from
           the
           
             White
             Book
          
           of
           the
           Exchequer
           in
           Dublin
           but
           the
           Page
           before
           ,
           which
           9
           E.
           1.
           mentions
           b
           Statutes
           made
           by
           the
           King
           at
           Lincoln
           ,
           and
           others
           at
           York
           ,
           with
           the
           assent
           of
           the
           
             Prelates
             ,
             Earls
             ,
             Barons
          
           ,
           and
           Commonalty
           of
           his
           Kingdom
           of
           Ireland
           .
           Which
           ,
           if
           it
           implyed
           the
           presence
           of
           the
           Commonalty
           of
           Ireland
           ,
           would
           be
           an
           Argument
           ,
           that
           all
           their
           Rights
           were
           concluded
           by
           the
           
             Tenants
             in
             chief
          
           ,
           who
           had
           Lands
           in
           Ireland
           ,
           but
           were
           Members
           of
           the
           
             English
             Parliament
          
           by
           reason
           of
           their
           Interest
           here
           :
           but
           in
           truth
           ,
           this
           shews
           no
           more
           than
           that
           ,
           at
           the
           request
           of
           those
           of
           Ireland
           ,
           the
           Parliament
           of
           England
           had
           enacted
           those
           Laws
           ;
           and
           the
           Record
           in
           their
           
             white
             Book
          
           is
           only
           a
           Record
           of
           the
           
           transmission
           from
           hence
           ;
           and
           proves
           that
           ,
           suitably
           to
           the
           practice
           both
           before
           and
           after
           that
           time
           ,
           they
           in
           Ireland
           had
           no
           Parliaments
           for
           enacting
           Laws
           ,
           but
           were
           forc'd
           to
           Petition
           to
           have
           them
           enacted
           here
           ;
           and
           what
           was
           enacted
           upon
           their
           Petition
           was
           truly
           with
           their
           Assent
           .
           But
           then
           the
           Question
           will
           be
           ,
           whether
           in
           the
           Laws
           made
           in
           that
           King's
           Reign
           with
           intention
           to
           
             bind
             Ireland
          
           ,
           their
           Consent
           is
           generally
           expressed
           ,
           or
           implyed
           ,
           any
           otherwise
           than
           from
           the
           nature
           of
           their
           former
           submission
           to
           be
           govern'd
           by
           the
           
             English
             Laws
          
           .
           But
           if
           our
           Acts
           of
           Parliament
           ,
           and
           Records
           concerning
           them
           ,
           are
           clear
           in
           any
           thing
           ,
           they
           certainly
           are
           in
           this
           ,
           
             that
             the
             Parliament
             of
          
           England
           
             then
             had
             ,
             and
             exercis'd
             ,
             an
             undoubted
             Right
             of
             binding
          
           Ireland
           ,
           
             without
             their
             immediate
             consent
             by
             any
             Representatives
             chosen
             there
             :
          
           Mr.
           M.
           indeed
           ,
           (
           tho'
           as
           I
           have
           before
           observ'd
           ,
           he
           admits
           that
           Ireland
           was
           bound
           by
           Acts
           of
           Parliament
           here
           ,
           till
           the
           end
           of
           the
           Reign
           of
           H.
           3.
           for
           a
           
           want
           of
           a
           
             regular
             legislature
             among
             themselves
          
           ;
           yet
           ,
           suitably
           to
           his
           usual
           inconsistencies
           ,
           upon
           the
           enquiry
           ,
           where
           ,
           a
           and
           how
           ,
           the
           
             Statute
             Laws
             and
             Acts
             of
             Parliament
          
           made
           in
           England
           since
           the
           9
           th
           .
           of
           H.
           3.
           
             came
             to
             be
             of
             force
             in
          
           Ireland
           )
           will
           have
           it
           ,
           that
           none
           of
           them
           made
           here
           ,
           without
           Representatives
           chosen
           in
           Ireland
           ,
           were
           binding
           there
           ,
           b
           till
           receiv'd
           by
           a
           suppos'd
           Parliament
           13
           E.
           2.
           yet
           it
           falls
           out
           unluckily
           ,
           that
           they
           have
           Statutes
           in
           Print
           3
           E.
           2.
           which
           speak
           not
           a
           word
           of
           Confirming
           the
           Laws
           before
           that
           time
           made
           in
           England
           ;
           and
           yet
           no
           Man
           will
           question
           ,
           but
           Statute
           Laws
           of
           England
           made
           in
           the
           Reign
           of
           E.
           1.
           were
           a
           Rule
           which
           the
           Judges
           in
           Ireland
           went
           by
           ,
           before
           the
           time
           of
           E.
           2.
           
           And
           that
           all
           Judgments
           given
           in
           Ireland
           contrary
           to
           any
           Law
           transmitted
           thither
           ,
           under
           the
           Great
           Seal
           of
           England
           ,
           must
           ,
           upon
           Writs
           of
           Error
           ,
           have
           been
           set
           aside
           here
           as
           Erroneous
           .
        
         
           But
           let
           's
           see
           whether
           our
           Parliaments
           in
           the
           time
           of
           E.
           1.
           had
           
           such
           a
           defference
           to
           the
           
             Irish
             Legislature
          
           ,
           or
           that
           the
           English
           in
           Ireland
           then
           made
           any
           such
           pretensions
           as
           Mr.
           M.
           advances
           .
        
         
           If
           we
           Credit
           
             Judge
             Bolton
          
           ,
           our
           Statute
           Westm
           .
           1st
           .
           which
           was
           3
           E.
           1.
           was
           first
           confirm'd
           in
           Ireland
           13
           E.
           2.
           and
           till
           then
           ,
           according
           to
           Mr.
           M.'s
           Inferences
           from
           their
           receiving
           or
           publishing
           Laws
           made
           here
           ,
           that
           Statute
           was
           of
           no
           force
           in
           Ireland
           ,
           being
           d
           
             Introductory
             of
             a
             new
             Law
          
           in
           several
           particulars
           ;
           as
           among
           other
           things
           ,
           in
           Subjecting
           Franchises
           to
           be
           seized
           into
           the
           
             King's
             Hands
          
           for
           default
           of
           pursuing
           Felons
           ,
           and
           in
           Enacting
           ,
           not
           only
           the
           Imprisoning
           and
           Fining
           Malefactors
           in
           Parks
           ,
           and
           Vivaries
           ,
           but
           forcing
           them
           to
           
             Abjure
             the
             Realm
          
           ,
           if
           they
           could
           not
           find
           Sureties
           for
           their
           good
           Behaviour
           .
        
         
           
             This
             Act
             does
             not
             Name
          
           Ireland
           ,
           
             but
             the
             King
          
           Ordain'd
           and
           Establish'd
           
             it
             by
          
           His
           Council
           ,
           
             and
             by
             the
             assent
             of
             the
          
           Archbishops
           ,
           Bishops
           ,
           Abbots
           ,
           Priors
           ,
           Earls
           ,
           Barons
           ,
           
             and
             all
             the
          
           Commonalty
           of
           
           the
           Realm
           thither
           Summoned
           ;
           
             for
             the
             mending
             the
             Estate
             of
             the
          
           Realm
           ,
           
             for
             the
          
           Common
           profit
           of
           the
           holy
           Church
           of
           the
           Realm
           ;
           
             and
             as
          
           Profitable
           and
           Convenient
           for
           the
           whole
           Realm
           .
        
         
           However
           that
           Ireland
           ,
           as
           part
           of
           the
           Realm
           ,
           was
           bound
           by
           this
           Law
           ,
           and
           by
           other
           Laws
           made
           11
           ,
           12
           ,
           and
           13
           E.
           1.
           without
           any
           regard
           to
           Parliamentary
           Confirmations
           in
           Ireland
           ;
           and
           that
           for
           enforcing
           Obedience
           to
           those
           Laws
           ,
           't
           was
           enough
           to
           send
           them
           thither
           by
           some
           proper
           Messenger
           ,
           under
           the
           
             Great
             Seal
             of
          
           England
           ,
           if
           not
           without
           ,
           appears
           by
           the
           Proceedings
           of
           the
           Parliament
           at
           Winchester
           ,
           holden
           the
           Oct.
           after
           the
           Parliament
           of
           Westim
           .
           2.
           
           a
           Mem.
           quod
           ,
           &c.
           
           
             Mem.
             that
             on
             Friday
             in
             the
             Feast
             of
             the
             Exaltation
             of
             the
             Holy
             Cross
             ,
             in
             the
             13
             th
             .
             Year
             of
             the
             King
             ,
             at
             Winchester
             there
             were
             deliver'd
             to
             
               Roger
               Br●ton
            
             ,
             Clerk
             to
             the
             Venerable
             Father
             William
             ,
             Bishop
             of
             Waterford
             ,
             then
             
               Justice
               of
               Ireland
            
             ,
             certain
             Statutes
             ,
             made
             and
             provided
             
             by
             the
             
               King
               ,
               and
               His
               Council
            
             ,
             viz.
             The
             Statutes
             of
             Westminster
             ,
             made
             soon
             after
             the
             
             King's
             Coronation
             ,
             and
             the
             Statutes
             of
             Gloster
             ,
             and
             
               those
               made
               for
               Merchants
            
             ,
             and
             the
             Statute
             of
             
               Westm
               ▪
            
             provided
             and
             made
             in
             
             the
             
               King's
               Parliament
               at
               Easter
               ;
               to
               be
               carried
               to
            
             Ireland
             ,
             
               and
               there
               to
               be
               Proclaimed
               and
               Observed
               .
            
          
        
         
           It
           appears
           that
           among
           the
           Statutes
           delivered
           to
           the
           
             Chief
             Justices
             Clerk
          
           ,
           in
           order
           to
           their
           being
           
             published
             and
             observed
             in
          
           Ireland
           ,
           one
           was
           the
           
             Statute
             concerning
             Merchants
          
           12.
           
           E.
           1.
           for
           the
           enforcing
           and
           improving
           a
           Statute
           made
           at
           
             Acton
             Burnel
          
           11.
           of
           that
           King
           ;
           that
           of
           
             Acton
             Burnel
          
           provides
           a
           remedy
           for
           Debts
           to
           Merchants
           ,
           to
           be
           had
           by
           calling
           the
           Debtor
           before
           the
           Mayor
           of
           
             London
             ,
             York
          
           ,
           or
           Bristol
           ,
           or
           before
           the
           
             Mayor
             ,
             and
             a
             Clerk
          
           to
           be
           appointed
           by
           the
           King
           :
           which
           ,
           as
           it
           seems
           ,
           't
           was
           intended
           that
           the
           King
           should
           have
           Power
           to
           appoint
           ,
           in
           other
           Cities
           or
           Towns
           within
           his
           Kingdom
           :
           Accordingly
           ,
           the
           Statute
           12.
           
           E.
           1.
           says
           ,
           the
           King
           
           had
           commanded
           it
           to
           be
           firmly
           kept
           a
           
             throughout
             his
             Realm
          
           :
           and
           that
           Parliament
           12.
           for
           declaring
           or
           explaining
           some
           of
           the
           Articles
           of
           the
           former
           Statute
           ,
           names
           the
           Mayor
           of
           London
           ,
           or
           the
           
             Chief
             Governour
          
           of
           
             that
             City
          
           ,
           or
           b
           of
           
             other
             good
             Town
          
           :
           This
           Statute
           expresly
           
             Ordains
             and
             Establishes
          
           ,
           that
           it
           be
           thenceforth
           held
           throughout
           the
           King's
           c
           
             Realm
             of
             England
             ,
             and
             of
             Ireland
             :
          
           And
           it
           enacts
           the
           form
           of
           a
           Writ
           upon
           that
           Statute
           ;
           which
           was
           to
           be
           current
           in
           Ireland
           upon
           several
           accounts
           .
           1.
           
           By
           the
           Letter
           of
           that
           Law
           ,
           which
           was
           ordain'd
           for
           the
           Benefit
           of
           Merchants
           in
           Ireland
           ,
           as
           well
           as
           in
           England
           .
           2.
           
           If
           it
           had
           not
           been
           named
           ,
           the
           being
           transmitted
           to
           Ireland
           from
           a
           Parliament
           here
           ,
           was
           a
           sufficient
           ground
           for
           their
           observing
           it
           .
           3.
           
           Such
           observance
           was
           included
           in
           the
           terms
           of
           their
           Submission
           ,
           above
           one
           Hundred
           Years
           before
           .
           4.
           
           The
           Writ
           ,
           without
           any
           particular
           Provision
           ,
           became
           a
           legal
           and
           current
           Writ
           in
           Ireland
           ,
           by
           virtue
           
           of
           an
           Act
           of
           Parliament
           here
           ,
           30
           H.
           3.
           which
           ,
           a
           
             for
             the
             common
             Profit
             of
             the
             Land
             of
          
           Ireland
           ,
           
             and
             unity
             of
             the
             King's
             Lands
             ,
          
           provided
           ,
           that
           the
           Common
           Law
           Writs
           should
           have
           the
           same
           currency
           in
           Ireland
           ,
           that
           they
           have
           here
           .
        
         
           Without
           enquiring
           what
           Records
           they
           have
           in
           Ireland
           ,
           of
           
             Statutes
             Staple
          
           from
           the
           13
           th
           of
           E.
           1.
           when
           this
           Statute
           which
           settled
           them
           was
           sent
           thither
           ;
           't
           is
           certain
           ,
           that
           from
           that
           time
           the
           English
           in
           Ireland
           were
           bound
           by
           it
           ,
           and
           so
           held
           to
           be
           in
           b
           subsequent
           Statutes
           of
           this
           Realm
           ,
           confirming
           this
           Statute
           ,
           or
           supplying
           its
           defects
           .
        
         
           But
           what
           pity
           't
           is
           ,
           that
           neither
           
             Judge
             Bolton
          
           ,
           nor
           Mr.
           M.
           thought
           of
           an
           Act
           of
           Parliament
           in
           Ireland
           to
           confirm
           that
           Statute
           12
           E.
           1.
           
           This
           was
           enacted
           in
           the
           Year
           1284.
           which
           was
           above
           350
           Years
           before
           that
           fatal
           Aera
           of
           Innovations
           
           1641
           ;
           from
           whence
           it
           seems
           Calamities
           of
           all
           kinds
           are
           to
           be
           dated
           .
           But
           ,
           I
           should
           think
           ,
           here
           is
           at
           least
           one
           
             positive
             Precedent
          
           before
           that
           time
           ,
           
             of
             an
             English
             Act
             of
             Parliament's
          
           
           
             binding
             the
             Kingdom
             of
          
           Ireland
           .
        
         
           And
           to
           me
           it
           seems
           as
           plain
           ,
           that
           in
           the
           Judgment
           of
           the
           Parliament
           13
           E.
           1.
           
           Ireland
           ,
           tho
           not
           named
           ,
           was
           bound
           by
           a
           Statute
           made
           here
           ;
           for
           which
           I
           shall
           refer
           him
           to
           the
           Interpretation
           then
           made
           of
           the
           extent
           of
           the
           Statutes
           of
           Gloster
           ,
           which
           had
           been
           enacted
           in
           the
           6
           th
           .
           of
           that
           King's
           Reign
           .
        
         
           Some
           would
           think
           a
           those
           Statutes
           to
           have
           been
           no
           more
           than
           Ordinances
           ,
           made
           by
           the
           King
           and
           
             his
             Counsel
          
           only
           :
           and
           that
           our
           Kings
           thus
           made
           Ordinances
           of
           that
           kind
           ,
           some
           may
           gather
           from
           Fleta
           ,
           
           who
           speaks
           of
           the
           
             King's
             Counsel
          
           ,
           in
           which
           ,
           not
           only
           erroneous
           Judgments
           were
           corrected
           ,
           but
           new
           Remedies
           provided
           ;
           yet
           Fleta
           speaks
           this
           of
           the
           
             King's
             Counsel
             in
             his
             Parliaments
          
           :
           and
           thus
           ,
           tho'
           the
           Statute
           of
           Westm
           .
           2.
           c
           seems
           to
           restrain
           the
           making
           that
           of
           Gloster
           to
           the
           King
           and
           his
           Council
           ,
           the
           Statute
           of
           Gloster
           it self
           shews
           that
           the
           Counsel
           was
           to
           be
           taken
           ,
           as
           acting
           in
           conjunction
           with
           the
           
           
             Prelates
             ,
             Earls
          
           ,
           and
           Barons
           ,
           and
           that
           under
           the
           word
           Barons
           the
           Commonalty
           were
           included
           as
           as
           lower
           Nobility
           ,
           or
           dignified
           by
           their
           Election
           to
           Parliament
           ;
           accordingly
           the
           Statute
           of
           Gloster
           says
           suitably
           to
           latter
           Writs
           of
           Summons
           ,
           the
           a
           more
           discreet
           of
           the
           Kingd
           .
           as
           well
           Great
           as
           Small
           were
           Summon'd
           :
           So
           that
           the
           Statutes
           of
           Gloster
           were
           made
           as
           other
           Statutes
           3
           E.
           1.
           by
           that
           
             King's
             Counsel
          
           ,
           and
           by
           
             assent
             of
             the
             Commonalty
          
           ;
           where
           the
           Lords
           were
           manifestly
           included
           under
           the
           word
           b
           Counsel
           ,
           agreeably
           to
           the
           ancient
           form
           of
           c
           Writs
           of
           error
           ,
           or
           other
           Writs
           returnable
           into
           
             Parliament
             ,
             before
             us
             ,
             and
             our
             Counsel
             in
             our
             Parliament
             ,
             or
             ,
             at
             our
             next
             Parliament
          
           after
           ,
           or
           at
           such
           a
           time
           ,
           
             there
             to
             do
             what
             the
             King
             shall
             think
             fit
             to
             ordain
             ,
             by
             advice
             of
             his
             Counsel
             .
          
        
         
           For
           evidence
           that
           this
           did
           not
           exclude
           the
           Lords
           ,
           I
           may
           refer
           to
           
           the
           Ro●●s
           of
           Parliament
           of
           several
           Reigns
           ,
           and
           particularly
           to
           those
           of
           the
           20
           th
           .
           and
           21
           st
           .
           of
           E.
           3.
           
           In
           the
           20
           th
           .
           the
           a
           Commons
           are
           desired
           to
           deliver
           such
           Petitions
           as
           were
           then
           ready
           ,
           to
           the
           Clerk
           of
           the
           Parliament
           ;
           which
           Petitions
           are
           said
           to
           be
           brought
           before
           the
           
             Great
             Men
             of
             the
             Counsel
          
           .
           That
           they
           were
           but
           of
           the
           nature
           of
           a
           Committee
           to
           inform
           the
           King
           ,
           and
           Lords
           ,
           of
           the
           Bills
           or
           Petitions
           which
           came
           from
           the
           Commons
           ,
           appears
           by
           the
           Proceedings
           of
           the
           next
           Year
           ;
           when
           the
           Commons
           having
           
           made
           Petitions
           of
           an
           extraordinary
           nature
           ,
           the
           King
           answers
           ,
           c
           
             
               He
               will
               advise
               with
               the
               Lords
               .
            
             To
             return
             to
             the
             Statute
             of
             Gloster
             ,
             there
             the
             King
             by
             such
             advice
             as
             I
             have
             shewn
             ,
             made
             Laws
             for
             the
             amendment
             of
             
               his
               Realm
               ,
               and
               for
               the
               plenary
               exhibition
               of
               Right
               ,
               as
               the
               profit
               of
               the
               Regal
               Office
               requires
            
             ;
          
           and
           to
           remedy
           d
           mischiefs
           ,
           dammages
           ,
           and
           disherisons
           ,
           suffer'd
           by
           the
           
             People
             of
             the
             Realm
             of
          
           England
           ;
           without
           the
           least
           mention
           of
           Ireland
           .
        
         
         
           And
           yet
           we
           have
           the
           judgment
           of
           the
           Parliament
           in
           the
           13
           th
           .
           of
           that
           King
           ,
           that
           Ireland
           was
           within
           the
           remedy
           of
           that
           Statute
           ,
           as
           part
           of
           the
           
             Realm
             of
             England
          
           ,
           as
           appears
           by
           this
           Preamble
           .
           a
           
             Where
             of
             late
             our
             Lord
             the
             King
             in
             the
             Quinzisme
             of
             St.
             
               John
               Baptist
            
             ,
             the
             Sixth
             of
             his
             Reign
             ,
             calling
             together
             the
             
               Prelates
               ,
               Earls
               ,
               Barons
               ,
               and
               his
               Counsel
               ,
            
             at
             Gloucester
             ;
             and
             considering
             that
             divers
             
               of
               this
               Realm
            
             were
             disherited
             by
             reason
             that
             in
             many
             cases
             where
             remedy
             should
             have
             been
             had
             ,
             
               there
               was
               none
               provided
               by
               him
               nor
               his
               Predece●sors
               ;
               ordained
            
             certain
             Statutes
             ,
             right
             necessary
             
             and
             profitable
             
               for
               his
               People
               ,
               whereby
               the
               People
               of
            
             England
             ,
             and
             Ireland
             
               under
               his
               Government
               ,
               have
               obtained
               more
               speedy
               justice
               in
               their
               oppressions
               than
               they
               had
               before
               ,
               and
               certain
               Cases
               wherein
               the
               Law
               failed
            
             remain
             undetermined
             ,
             
               and
               some
               remained
               to
               be
               enacted
               ,
            
             that
             were
             for
             the
             reform
             of
             the
             oppressions
             of
             
               the
               People
            
             ;
             Our
             Lord
             the
             King
             in
             
               his
               Parliament
            
             ,
             
             after
             the
             Feast
             of
             Easter
             ,
             holden
             the
             13
             th
             .
             of
             His
             Reign
             ,
             at
             Westminster
             ,
             caused
             many
             Oppressions
             of
             the
             
               People
               and
               defaults
               of
               the
               Laws
               ,
               for
               the
            
             c
             
               supply
               of
               the
               defects
               of
               the
               said
               Statutes
               of
            
             Gloster
             ,
             
               to
               be
               rehearsed
            
             
             
               and
               made
               Statutes
               ,
               as
               will
               appear
               here
               following
               .
            
          
        
         
           This
           rehearsal
           of
           the
           Grievances
           was
           ,
           for
           certain
           ,
           by
           the
           Petition
           of
           the
           Commons
           of
           this
           Realm
           ,
           and
           the
           Statutes
           there
           made
           ,
           as
           the
           Register
           of
           Writs
           has
           it
           ,
           were
           
           by
           the
           
             Common
             Counsel
             of
             the
             Kingdom
          
           :
           And
           this
           Counsel
           not
           only
           declared
           Laws
           which
           were
           binding
           to
           Ireland
           ,
           but
           made
           new
           ;
           tho'
           Mr.
           Molineux
           will
           have
           it
           ,
           that
           from
           the
           time
           of
           
             Magna
             Chata
          
           to
           the
           10
           th
           .
           of
           H.
           7.
           no
           
             Laws
             were
             ,
             or
             are
          
           in
           force
           in
           Ireland
           ,
           unless
           allowed
           of
           by
           Parliament
           in
           that
           Kingdom
           :
           except
           only
           
             such
             as
             are
             Declaratory
             of
             the
             Common
             Law
             of
          
           England
           ,
           
             and
             not
             Introductive
             of
             any
             new
             Law.
          
           And
           whereas
           he
           is
           pleas'd
           to
           say
           ,
        
         
         
           
             
             As
             to
             such
             English
             Statutes
             as
             seem
             to
             comprehend
             Ireland
             ,
             and
             to
             bind
             it
             
               under
               the
               general
               words
               of
               all
               his
               Majesty's
               Dominions
               ,
               or
               Subjects
               ,
            
             whatever
             has
             been
             the
             opinion
             of
             private
             and
             particular
             Lawyers
             in
             this
             Point
             ,
             
               I
               am
               sure
            
             (
             says
             he
             )
             
               the
               Opinions
               of
               the
               Kings
               of
            
             England
             ,
             
               and
               their
               Privy
               Council
               have
               been
               otherwise
               .
            
          
           I
           may
           say
           upon
           much
           better
           grounds
           ,
           if
           any
           
             King
             and
             His
             Privy
             Council
          
           did
           any
           thing
           to
           Warrant
           this
           Assertion
           ,
           the
           Judgment
           of
           E.
           1.
           and
           
             His
             Council
          
           in
           Parliament
           ,
           was
           to
           the
           contrary
           ,
           and
           is
           of
           
             greater
             Authority
          
           .
        
         
           And
           't
           is
           to
           be
           remembred
           ,
           as
           I
           before
           shewed
           ▪
           that
           the
           Statutes
           of
           Gloster
           ,
           which
           do
           not
           Name
           Ireland
           ,
           and
           the
           Statutes
           of
           West
           .
           ●
           .
           which
           do
           ,
           were
           both
           delivered
           to
           the
           Clerk
           of
           the
           Justice
           of
           Ireland
           ,
           in
           order
           to
           their
           being
           published
           and
           observed
           there
           .
           And
           't
           is
           evident
           ,
           that
           Ireland's
           being
           bound
           by
           Parliaments
           in
           England
           ,
           without
           any
           consent
           expressed
           in
           Ireland
           ,
           was
           not
           merely
           the
           Judgment
           
           of
           the
           times
           above
           referred
           to
           ,
           but
           the
           setled
           Judgment
           of
           that
           King
           and
           His
           Council
           ,
           in
           His
           Parliaments
           .
        
         
           Thus
           in
           a
           the
           8
           th
           of
           that
           King
           ,
           there
           's
           a
           Writ
           taking
           notice
           ,
           that
           the
           Irish
           had
           desired
           to
           be
           governed
           by
           the
           Laws
           of
           England
           :
           upon
           which
           the
           King
           requires
           all
           the
           
             English
             of
             the
             Land
             of
          
           Ireland
           to
           Certifie
           ,
           whether
           this
           might
           be
           granted
           without
           pre
           judice
           to
           them
           ;
           declaring
           that
           the
           King
           would
           make
           
             such
             Provision
             ,
             as
             should
             seem
             expedient
             to
             Himself
             ,
          
           
           
             and
             His
             Council
          
           :
           which
           ,
           plainly
           enough
           referred
           to
           His
           
             Council
             in
             Parliament
          
           .
           If
           ,
           upon
           their
           Certificate
           ,
           a
           general
           Law
           had
           passed
           to
           grant
           the
           Irish
           their
           Request
           ,
           the
           mentioning
           the
           consent
           of
           the
           English
           there
           ,
           could
           not
           be
           thought
           to
           derogate
           from
           the
           Legislature
           here
           ;
           the
           Authority
           of
           which
           was
           intimated
           in
           that
           very
           reference
           ,
           and
           was
           fully
           asserted
           in
           that
           Kings
           Reign
           by
           an
           Act
           of
           Parliament
           ,
           made
           here
           after
           that
           time
           ,
           and
           the
           
           Proceedings
           thereupon
           ,
           both
           in
           England
           and
           Ireland
           .
        
         
           By
           the
           Case
           a
           of
           mixt
           Monies
           in
           Ireland
           ,
           we
           are
           informed
           ,
           that
           29
           E.
           1.
           when
           ,
           by
           the
           King
           's
           
             sepecial
             Ordinance
          
           ,
           the
           Pollards
           and
           Crochards
           were
           cry'd
           down
           and
           made
           of
           no
           Value
           ;
           the
           
             same
             Ordinance
             was
             transmitted
          
           into
           
             Ireland
             ,
             and
             Enrolled
             in
             the
             Exchequer
          
           there
           ,
           as
           is
           found
           in
           
             the
             Red
             Book
             of
             the
             Exchequer
          
           there
           .
        
         
           And
           agreeably
           to
           this
           ,
           it
           appears
           
           by
           the
           Statute
           Roll
           here
           ,
           that
           this
           Ordinance
           ,
           which
           in
           truth
           was
           an
           Act
           of
           Parliament
           ,
           or
           else
           an
           other
           of
           the
           same
           kind
           ,
           was
           sent
           to
           
             John
             Wogan
          
           ,
           then
           
             Chief
             Justice
          
           of
           Ireland
           ,
           or
           to
           his
           Lieutenant
           .
        
         
           This
           is
           only
           a
           short
           Entry
           referring
           to
           the
           known
           usage
           ;
           
           But
           the
           very
           next
           Record
           of
           a
           transmission
           to
           Ireland
           of
           a
           Statute
           made
           here
           ,
           which
           was
           that
           about
           Juries
           ,
           is
           more
           express
           .
           
             
               
                 
                 Mem.
                 quod
                 istud
                 Statutum
                 de
                 verbo
                 ad
                 verbum
                 missum
                 suit
                 in
                 Hib.
                 T.
                 R.
                 aput
                 Kenynt
                 .
                 14.
                 die
                 Aug.
                 Rni
                 sui
                 27.
                 
                 Et
                 mandatum
                 fuit
                 J.
                 Wogan
                 Justic
                 ▪
                 Hib.
                 quod
                 praed
                 ▪
                 Stat.
                 per
                 totam
                 Hib.
                 in
                 locis
                 quibus
                 expedire
                 videret
                 legi
                 
                 &
                 publicè
                 proclamari
                 ,
                 &
                 firmiter
                 teneri
                 faciat
                 .
              
               
                 Mem.
                 That
                 that
                 Statute
                 ,
                 word
                 for
                 word
                 ,
                 was
                 sent
                 into
                 Ireland
                 ,
                 Teste
                 the
                 King
                 at
                 Kenynton
                 14.
                 
                 Aug.
                 in
                 the
                 27th
                 .
                 of
                 his
                 Reign
                 .
                 Command
                 was
                 gito
                 
                   John
                   Wogan
                   ,
                   Chief
                   Justice
                   of
                
                 Ireland
                 ,
                 to
                 cause
                 it
                 to
                 be
                 read
                 in
                 those
                 places
                 in
                 which
                 he
                 shall
                 think
                 it
                 expedient
                 ,
                 and
                 to
                 be
                 publickly
                 Proclaimed
                 and
                 Observed
                 .
              
            
          
        
         
           This
           Statute
           does
           not
           name
           Ireland
           ,
           nor
           has
           general
           words
           which
           seem
           to
           include
           it
           :
           But
           it
           seems
           some
           years
           after
           to
           have
           been
           Enacted
           ,
           that
           this
           Statute
           should
           be
           transcribed
           ,
           and
           sent
           to
           Ireland
           for
           a
           Law
           given
           them
           by
           Parliamentary
           Authority
           .
        
         
           In
           the
           35
           th
           .
           of
           a
           E.
           1.
           
           Will.
           De
           Testa
           was
           Impeach'd
           in
           Parliament
           ,
           for
           grievous
           Oppressions
           and
           Extortions
           upon
           the
           People
           ,
           by
           Colour
           of
           Authority
           from
           the
           
             See
             of
          
           
           Rome
           :
           This
           ,
           upon
           the
           Petition
           of
           the
           
             Earls
             ,
             Barons
          
           ,
           and
           other
           
             Great
             Men
          
           ,
           and
           the
           
             Commonality
             of
             the
             whole
             Realm
             of
          
           England
           ,
           occasioned
           a
           general
           Law
           and
           Provision
           ,
           for
           the
           State
           of
           the
           King's
           Crown
           ,
           and
           also
           of
           His
           Lands
           of
           
             Scotland
             ,
             Wales
          
           ,
           and
           Ireland
           .
        
         
           The
           Remedy
           was
           Enacted
           by
           the
           b
           Assent
           of
           the
           King
           ,
           and
           the
           whole
           
             Council
             of
             Parliament
          
           ;
           and
           't
           was
           Enacted
           ,
           that
           for
           the
           future
           such
           things
           should
           not
           be
           permitted
           within
           c
           the
           Realm
           .
        
         
           That
           Ireland
           was
           then
           included
           as
           part
           of
           the
           Realm
           ,
           appears
           not
           only
           by
           the
           intention
           before
           declared
           ,
           but
           agreeably
           thereunto
           ,
           The
           Statute
           then
           made
           is
           ,
           by
           
           Authority
           of
           Parliament
           ,
           sent
           to
           the
           
             Justice
             of
          
           Ireland
           ,
           as
           well
           as
           to
           the
           Chief
           Governors
           of
           other
           the
           King's
           Dominions
           ;
           enjoyning
           them
           to
           enquire
           and
           proceed
           against
           those
           who
           had
           offended
           in
           that
           kind
           ,
           and
           to
           cause
           the
           Provision
           ,
           
           Agreement
           ,
           and
           Judgment
           ,
           of
           that
           Parliament
           ,
           to
           be
           
             Firmly
             and
             Inviolably
             observed
             in
             those
             Lands
             .
          
        
         
         
           
           Mr.
           M.
           having
           ,
           as
           he
           thinks
           ,
           answer'd
           an
           Objection
           from
           the
           
             Ordinance
             for
             the
             State
             of
          
           Ireland
           ,
           Printed
           in
           ▪
           our
           Statute-Books
           ,
           not
           only
           that
           of
           1670.
           but
           even
           in
           others
           much
           more
           Ancient
           ,
           
           as
           made
           17
           E.
           1.
           
           I
           shall
           shew
           
           him
           some
           new
           Matter
           ,
           which
           may
           deserve
           his
           farther
           Consideration
           ;
           and
           yet
           tho'
           he
           thinks
           he
           has
           
           prov'd
           ,
           1.
           
           That
           this
           Ordinance
           was
           never
           receiv'd
           in
           Ireland
           ,
           
           2.
           
           That
           't
           was
           
             meerly
             an
             Ordinance
          
           of
           the
           King
           ,
           and
           
             His
             Privy
             Council
          
           in
           England
           ;
           it
           might
           be
           enough
           to
           observe
           ,
           That
           the
           Clause
           which
           he
           Instances
           in
           ,
           forbidding
           the
           King's
           Officers
           to
           purchase
           Lands
           there
           ,
           upon
           pain
           of
           Forfeiture
           ,
           has
           an
           
             Exception
             for
             the
             King's
             Licence
          
           ;
           and
           tho'
           he
           has
           not
           been
           at
           the
           pains
           to
           examine
           whether
           there
           were
           any
           such
           Licences
           from
           England
           ,
           I
           can
           shew
           him
           in
           the
           very
           next
           Year
           ,
           a
           confirmation
           under
           
           the
           Great
           Seal
           of
           England
           ,
           of
           a
           grant
           of
           Land
           's
           there
           ,
           before
           made
           from
           hence
           :
           which
           were
           sufficient
           security
           against
           the
           forfeiture
           .
           
           2.
           
           If
           't
           were
           admitted
           that
           the
           Ordinance
           were
           made
           by
           the
           
           King
           and
           his
           
             Privy
             Counsel
          
           ,
           't
           would
           be
           very
           difficult
           for
           him
           to
           prevail
           upon
           many
           to
           believe
           ,
           that
           a
           Land
           or
           Kingdom
           ,
           which
           in
           all
           the
           principal
           Parts
           of
           Government
           was
           under
           the
           controul
           of
           the
           Great
           Seal
           of
           another
           Kingdom
           ,
           was
           (
           as
           he
           pretends
           )
           a
           
             a
             complete
             Kingdom
             within
             it self
          
           ,
           b
           or
           
             a
             Kingdom
             regulated
             within
             it self
          
           ;
           the
           contrary
           of
           which
           appears
           in
           numerous
           instances
           of
           the
           time
           of
           which
           we
           are
           at
           present
           enquiring
           ;
           as
           of
           leave
           from
           hence
           to
           chuse
           Ecclesiastical
           Governors
           ,
           Pardons
           ,
           Directions
           ,
           for
           the
           Proceedings
           of
           the
           Courts
           of
           Justice
           ,
           and
           Council
           in
           Ireland
           ;
           the
           appointing
           
             distinct
             Courts
          
           of
           Judicature
           ,
           Grants
           of
           Lands
           ,
           Offices
           ,
           Liveries
           out
           of
           the
           King's
           Hands
           of
           Lands
           held
           in
           Chief
           of
           the
           Crown
           of
           England
           ,
           Licences
           of
           alienation
           ,
           and
           the
           like
           .
        
         
           Further
           than
           all
           this
           ,
           there
           's
           a
           Precedent
           of
           taxing
           Communities
           by
           Authority
           from
           hence
           .
           It
           must
           
           be
           agreed
           ,
           that
           't
           was
           frequent
           for
           Kings
           to
           grant
           to
           Cities
           and
           Towns
           in
           England
           ,
           power
           to
           raise
           Customs
           ,
           or
           Duties
           for
           Murage
           ,
           the
           building
           or
           repairing
           their
           Walls
           ,
           to
           be
           levyed
           upon
           Goods
           and
           Merchandizes
           brought
           thither
           ;
           in
           these
           Grants
           there
           was
           no
           mention
           by
           what
           advice
           ,
           or
           consent
           they
           issued
           ;
           but
           't
           is
           to
           be
           presumed
           that
           the
           
             Great
             Seal
          
           was
           not
           rashly
           affixed
           ;
           nor
           were
           they
           extended
           farther
           than
           to
           the
           Walls
           ,
           which
           secured
           the
           Persons
           and
           Goods
           of
           those
           who
           paid
           the
           Duty
           :
           yet
           the
           
             Great
             Seal
             of
             England
          
           has
           been
           applyed
           much
           more
           absolutely
           ,
           to
           the
           binding
           the
           property
           of
           the
           Subjects
           in
           Ireland
           ,
           as
           may
           appear
           by
           this
           Record
           .
           
             
               
                 
                 R.
                 Ballivis
                 ▪
                 &
                 probis
                 hominibus
                 s●is
                 Dublin
                 Salutem
                 Cum
                 in
                 subsidium
                 villae
                 claudendae
                 vobis
                 nuper
                 per
                 literas
                 postras
                 Pat.
                 concesserimusquod
                 quasdan
                 consuetudines
                 usque
                 ad
                 certum
                 temp●s
                 de
                 singulis
                 rebus
                 venalibus
                 ad
                 eandem
                 villam
                 venientibus
                 capietis
                 ,
                 ac
                 dilectus
                 &
                 Fidelis
                 noster
                 Nic.
                 de
                 Clere
                 Thes
                 .
                 nost
                 .
                 Hibern
                 .
                 testificatus
                 fuerit
                 coram
                 nobis
                 ,
                 quod
                 vos
                 ad
                 mandatum
                 ejusd
                 .
                 Nic.
                 magnam
                 partem
                 pecuniae
                 provende
                 consuetud
                 .
                 antedict
                 .
                 in
                 clausuram
                 scaccar
                 ▪
                 nostri
                 Dublin
                 posuistis
                 nos
                 ea
                 de
                 causa
                 ,
                 &c.
                 
              
               
                 The
                 King
                 to
                 the
                 Bayliffs
                 and
                 honest
                 Men
                 of
                 Dublin
                 Greeting
                 ;
                 since
                 ,
                 in
                 aid
                 of
                 walling
                 your
                 Town
                 ,
                 we
                 lately
                 by
                 our
                 Letters
                 Patents
                 granted
                 ,
                 that
                 you
                 should
                 take
                 some
                 Customs
                 to
                 a
                 certain
                 day
                 ,
                 of
                 every
                 thing
                 to
                 be
                 sold
                 coming
                 to
                 that
                 Town
                 .
                 And
                 our
                 beloved
                 and
                 faithful
                 Subject
                 
                   Nic.
                   de
                   Clere
                
                 Treasurer
                 of
                 Ireland
                 has
                 certified
                 us
                 ,
                 that
                 you
                 ,
                 
                   at
                   the
                   command
                   of
                   the
                   said
                
                 Nicholas
                 ,
                 have
                 employed
                 great
                 part
                 of
                 the
                 Money
                 arising
                 by
                 those
                 Customs
                 ,
                 to
                 the
                 enclosing
                 or
                 repairing
                 the
                 Exchequer
                 at
                 Dublin
                 .
                 Therefore
                 ,
                 &c.
                 
              
            
          
        
         
         
           The
           King
           by
           his
           Great
           Seal
           of
           England
           continues
           the
           Tax
           for
           Three
           Years
           longer
           than
           his
           first
           Grant
           ,
           and
           allows
           of
           the
           applying
           part
           of
           it
           to
           an
           end
           very
           different
           from
           that
           of
           the
           
             Walling
             the
             Town
          
           .
        
         
           For
           a
           yet
           farther
           Evidence
           of
           the
           more
           absolute
           Dominion
           ,
           which
           E.
           1.
           exercis'd
           over
           Ireland
           ,
           than
           he
           pretended
           to
           in
           England
           ;
           I
           shall
           shew
           ,
           that
           he
           took
           to
           himself
           Authority
           to
           set
           aside
           what
           is
           supposed
           to
           have
           been
           setled
           by
           
           an
           Ordinance
           ,
           in
           the
           seventeenth
           of
           his
           Reign
           .
        
         
           One
           of
           the
           said
           Ordinances
           provides
           ,
           
           That
           neither
           
             the
             Justice
             of
          
           Ireland
           ,
           nor
           any
           other
           of
           the
           King's
           Officers
           ,
           by
           colour
           of
           their
           Office
           ,
           take
           Victuals
           from
           any
           Person
           without
           his
           Consent
           ,
           
             unless
             in
             case
             of
             necessity
          
           ,
           and
           that
           by
           
             the
             assent
             of
             the
             chief
             of
             the
             King's
             Council
             of
             those
          
           Parts
           ,
           and
           by
           Writ
           ,
           out
           of
           the
           
             Chancery
             of
          
           Ireland
           .
        
         
           
           And
           yet
           in
           the
           next
           Year
           after
           this
           Ordinance
           is
           supposed
           to
           have
           been
           made
           ,
           the
           King
           ,
           as
           a
           particular
           Indulgence
           to
           the
           Citizens
           of
           Roscommon
           ,
           grants
           that
           the
           
             Constable
             of
             Roscommon
          
           ,
           or
           other
           the
           King's
           Officers
           ,
           shall
           take
           no
           Victuals
           ,
           or
           
           other
           things
           of
           them
           without
           their
           Consent
           ,
           
             unless
             there
             be
             a
             necessity
             for
             it
             in
             time
             of
             War.
          
           And
           this
           exemption
           
           is
           only
           by
           a
           Patent
           during
           Pleasure
           .
        
         
           But
           ,
           in
           truth
           ,
           this
           was
           no
           violation
           of
           the
           Ordinance
           for
           the
           State
           of
           Ireland
           :
           For
           ,
           besides
           that
           ,
           I
           shall
           shew
           when
           't
           was
           made
           ,
           and
           how
           ,
           in
           another
           Reign
           ;
           'T
           is
           certain
           it
           
           could
           not
           be
           in
           a
           Council
           at
           Nottingham
           in
           the
           Octaves
           of
           St.
           Martin
           ;
           not
           only
           as
           may
           appear
           to
           any
           one
           who
           will
           trace
           the
           Close
           and
           Patent-Rolls
           ,
           and
           the
           Use
           of
           the
           Great
           Seal
           ,
           which
           went
           along
           with
           the
           King
           from
           his
           Landing
           at
           Dover
           a
           on
           the
           12th
           of
           August
           ,
           to
           the
           b
           16th
           of
           November
           ;
           during
           which
           time
           the
           Seals
           were
           far
           from
           Nottingham
           ,
           but
           chiefly
           because
           there
           was
           a
           Parliament
           at
           Westminster
           ,
           appointed
           to
           be
           held
           on
           the
           
             Crastino
             Martini
          
           ;
           which
           ,
           't
           is
           to
           be
           presumed
           ,
           met
           accordingly
           ,
           tho
           Mr.
           M.
           is
           positive
           that
           E.
           1.
           c
           
             held
             no
             Parliament
             in
             the
          
           17
           
             th
             of
             his
             Reign
          
           .
        
         
           But
           ,
           for
           his
           Conviction
           in
           this
           particular
           ,
           during
           d
           the
           K's
           Absence
           in
           Foreign
           Parts
           ,
           Edmund
           Earl
           of
           Cornwall
           ,
           being
           Custos
           ,
           Dated
           the
           Writs
           ,
           among
           which
           there
           was
           one
           referring
           a
           Matter
           to
           the
           Judgment
           of
           the
           King
           and
           his
           Council
           ,
           in
           the
           
             next
             Parliament
             to
             be
             after
          
           Easter
           .
        
         
           And
           to
           satisfie
           Mr.
           M.
           that
           there
           was
           no
           need
           of
           a
           
             Council
             at
             Nottingh●m
          
           ,
           
           nor
           could
           there
           be
           one
           the
           Octaves
           of
           St.
           Martin
           ,
           it
           happens
           that
           on
           a
           the
           14th
           of
           that
           October
           ,
           a
           Writ
           issued
           to
           the
           Sheriff
           of
           Nottingham
           ,
           acquainting
           him
           of
           a
           Commission
           to
           certain
           Persons
           to
           hea●
           the
           Miscarriages
           of
           the
           King's
           Officers
           in
           that
           Country
           ,
           and
           to
           give
           me
           an
           account
           thereof
           at
           the
           
             next
             Parliament
          
           ;
           and
           therefore
           commands
           the
           Sheriff
           to
           Summon
           all
           Parties
           aggrieved
           ,
           to
           be
           at
           Westminster
           that
           year
           in
           the
           Morrow
           of
           Sanct
           b
           Martin
           .
        
         
           
           I
           must
           own
           that
           I
           have
           not
           found
           any
           Record
           of
           a
           
             Writ
             of
             Summons
          
           for
           any
           of
           the
           Members
           to
           come
           to
           Parliament
           that
           Year
           ,
           ●or
           has
           Sir
           William
           a
           Dugdale
           found
           any
           to
           the
           Lords
           ,
           t●●l
           the
           22d
           ;
           and
           yet
           't
           will
           be
           agreed
           ,
           that
           there
           were
           Parliaments
           between
           the
           49th
           of
           H.
           3
           and
           the
           22d
           of
           E.
           1.
           and
           't
           is
           certain
           the
           Statute
           of
           Westm
           .
           1.
           b
           3
           
           E.
           1.
           is
           express
           ,
           that
           the
           
             Archbi●●●ps
             ,
             Bishops
             ,
             Abbots
             ,
             Priors
             ,
             〈◊〉
             Barons
             ,
          
           and
           
             all
             the
             Com●●nalty
             of
             the
             Land
             ,
          
           were
           Summoned
           to
           that
           
             General
             Parliament
          
           ,
           
           and
           
             assenting
             to
             the
             Laws
             then
             made
             .
          
        
         
           
           Mr.
           Prynn
           ,
           as
           I
           take
           it
           ,
           had
           not
           seen
           any
           Writ
           of
           Summons
           to
           the
           Commons
           ,
           till
           26
           E.
           1.
           
           Yet
           I
           have
           found
           in
           the
           Close-Roll
           of
           a
           18
           E.
           1.
           as
           Dr.
           Brady
           ,
           and
           Mr.
           Pety●
           have
           in
           the
           Bundle
           of
           Writs
           ,
           this
           following
           .
           
             
               
                 Rex
                 Vic.
                 Northumb
                 .
                 cum
                 per
                 Com.
                 Bar.
                 &
                 quosdam
                 alios
                 de
                 proceribus
                 regni
                 nostri
                 ,
                 nuper
                 fuissemus
                 requisiti
                 super
                 quibusdam
                 ●am
                 cum
                 ipsis
                 quam
                 cum
                 aliis
                 de
                 comitatibus
                 regni
                 illius
                 ,
                 colloquium
                 habere
                 velimus
                 &
                 tractatum
                 ;
                 Tibi
                 p●aecipimus
                 ,
                 quod
                 duos
                 vel
                 tres
                 de
                 discretioribus
                 &
                 ad
                 laborandum
                 potentiori●us
                 militibus
                 ,
                 de
                 Com.
                 praed
                 .
                 eligi
                 &
                 eos
                 ad
                 nos
                 usque
                 Wes●m
                 .
                 venire
                 facias
                 ;
                 fine
                 
                 dilatione
                 .
                 Ita
                 quòd
                 sint
                 ibid.
                 à
                 die
                 Sancti
                 ibidem
                 a
                 die
                 Sancti
                 Johannis
                 Baptistae
                 prox
                 .
                 fatur
                 in
                 tres
                 septimanas
                 ad
                 ultimum
                 ,
                 cum
                 plenâ
                 potes●ate
                 pro
                 se
                 &
                 totâ
                 Communitate
                 comitat
                 .
                 praed
                 .
                 ad
                 consulendum
                 &
                 consentiendumpro
                 se
                 &
                 communitat
                 .
                 illâ
                 ,
                 hiis
                 quae
                 Com.
                 Bar.
                 &
                 Proceres
                 praed
                 tum
                 duxerint
                 concordand
                 .
                 T.
                 R.
                 apud
                 West
                 .
                 14
                 die
                 Junii
                 .
              
               
                 
                 The
                 King
                 to
                 the
                 Sheriff
                 of
                 Northumberland
                 .
                 For
                 asmuch
                 as
                 we
                 were
                 lattly
                 in
                 a
                 special
                 manner
                 entreated
                 by
                 the
                 
                   Earls
                   ,
                   Barons
                
                 ,
                 and
                 some
                 others
                 of
                 the
                 Peers
                 ,
                 or
                 Nobility
                 of
                 our
                 Realm
                 ,
                 that
                 we
                 would
                 have
                 a
                 Colloquy
                 and
                 Treaty
                 upon
                 some
                 Matters
                 ,
                 
                   as
                   well
                   with
                   them
                   ,
                   as
                   with
                   others
                
                 of
                 the
                 Counties
                 of
                 the
                 Realm
                 .
                 We
                 require
                 you
                 without
                 delay
                 ,
                 to
                 cause
                 to
                 be
                 Elected
                 ,
                 and
                 to
                 come
                 to
                 us
                 as
                 far
                 as
                 
                   Westminster
                   ,
                   two
                
                 or
                 three
                 of
                 the
                 more
                 discreet
                 ,
                 and
                 more
                 able
                 to
                 travail
                 of
                 the
                 Knights
                 of
                 the
                 said
                 County
                 :
                 So
                 that
                 they
                 be
                 there
                 
                   at
                   the
                   latest
                
                 ,
                 within
                 
                   three
                   Weeks
                
                 ,
                 from
                 the
                 Day
                 of
                 St.
                 
                   John
                   the
                   Baptist
                
                 next
                 ensuing
                 ,
                 with
                 
                   full
                   power
                
                 for
                 themselves
                 ,
                 and
                 
                   all
                   the
                   Commonalty
                   of
                   the
                   said
                   County
                   ,
                   to
                   consult
                   and
                   consent
                
                 to
                 those
                 things
                 ,
                 which
                 the
                 aforesaid
                 Earls
                 and
                 Barons
                 shall
                 then
                 think
                 fit
                 to
                 be
                 agreed
                 .
                 Test
                 .
                 the
                 King
                 at
                 Wes●m
                 .
                 the
                 14th
                 day
                 of
                 June
                 .
              
            
          
        
         
           
           This
           Dr.
           Brady
           in
           his
           Answer
           to
           Mr.
           Petyt
           ,
           more
           truly
           than
           he
           is
           aware
           ,
           calls
           a
           Summons
           to
           a
           Parliament
           :
           However
           in
           his
           Introduction
           he
           will
           have
           it
           ,
           that
           the
           Laws
           were
           then
           made
           by
           
             the
             King
          
           and
           his
           Peers
           ,
           before
           the
           Knights
           of
           the
           Shires
           came
           ;
           the
           Statute
           of
           that
           time
           saying
           ,
           that
           the
           Parliament
           
           was
           holden
           in
           the
           Quinzism
           of
           St.
           John
           ,
           and
           that
           the
           Laws
           were
           made
           at
           the
           a
           Instance
           of
           the
           
             Great
             Men.
          
           
        
         
           But
           he
           might
           have
           observed
           ,
        
         
           1.
           
           That
           the
           Provision
           b
           then
           made
           ,
           is
           called
           a
           Statute
           .
        
         
           2.
           
           That
           the
           Council
           wherein
           it
           pass'd
           ,
           is
           called
           a
           Parliament
           .
        
         
           
           3.
           
           That
           the
           Matter
           enacted
           ,
           was
           a
           
             general
             Law
          
           ,
           and
           of
           
             general
             Concern
          
           ;
           it
           being
           for
           the
           encouraging
           of
           Purchasers
           ,
           and
           engaging
           the
           more
           Persons
           to
           a
           National
           Interest
           by
           Propriety
           in
           Land
           ,
           which
           till
           that
           time
           was
           in
           much
           fewer
           Hands
           ;
           because
           whoever
           purchased
           any
           part
           of
           an
           Estate
           ,
           had
           been
           liable
           to
           be
           charged
           with
           all
           the
           Rents
           and
           Services
           which
           lay
           upon
           the
           whole
           ;
           and
           there
           was
           one
           other
           necessary
           Provision
           ,
           against
           Alienations
           in
           Mortmain
           .
        
         
           4.
           
           The
           Precept
           to
           the
           Sheriff
           was
           to
           cause
           the
           Election
           to
           be
           made
           forthwith
           ,
           and
           to
           take
           care
           that
           the
           Parties
           were
           ●ound
           to
           be
           at
           Westminster
           by
           three
           Weeks
           after
           the
           Feast
           of
           St.
           
             John
             ,
             at
             the
             farthest
          
           .
           
           The
           Day
           when
           the
           Parliament
           was
           holden
           ,
           was
           but
           5
           or
           6
           Days
           before
           ;
           which
           shews
           ,
           that
           't
           is
           absurd
           to
           imagine
           ,
           that
           there
           should
           have
           been
           a
           Law
           made
           of
           that
           immediate
           consequence
           to
           all
           Owners
           of
           Land
           ,
           before
           the
           Knights
           of
           the
           Shire
           came
           up
           ;
           not
           only
           because
           they
           being
           obliged
           to
           be
           at
           Parliament
           by
           such
           a
           Day
           
             at
             the
             latest
          
           ,
           may
           well
           be
           supposed
           to
           have
           come
           5
           or
           6
           Days
           before
           the
           utmost
           extent
           of
           their
           time
           ,
           to
           avoid
           the
           Forfeitures
           of
           the
           Bonds
           which
           they
           us'd
           to
           give
           for
           their
           Appearance
           ;
           but
           chiefly
           ,
           because
           ,
           as
           't
           is
           well
           known
           ,
           whenever
           a
           Law
           passes
           ,
           't
           is
           in
           Judgment
           of
           Law
           held
           to
           have
           pass'd
           the
           first
           Day
           of
           the
           Session
           ;
           which
           Day
           might
           have
           been
           agreed
           at
           their
           former
           Meeting
           .
           Nor
           is
           it
           absurd
           to
           believe
           ,
           that
           there
           might
           be
           a
           Summons
           to
           require
           the
           Sheriffs
           to
           secure
           
             Full
             Parliaments
          
           ,
           even
           tho
           the
           Days
           of
           Meeting
           and
           of
           Elections
           below
           ,
           might
           have
           been
           certain
           .
        
         
         
           
           The
           true
           reason
           why
           so
           few
           Writs
           of
           Summons
           ,
           of
           those
           early
           times
           ,
           are
           to
           be
           found
           ,
           seems
           to
           be
           ,
           that
           once
           ,
           at
           least
           ,
           in
           a
           Year
           the
           Parliaments
           met
           of
           course
           .
        
         
           The
           Confessor's
           Law
           speaks
           of
           the
           a
           
             Calends
             of
             May
          
           as
           the
           fix'd
           Day
           .
           In
           the
           b
           1st
           of
           E
           1.
           the
           Custos
           of
           the
           Realm
           ,
           as
           appears
           above
           ,
           in
           the
           King's
           Absence
           issued
           Writs
           ,
           tho
           not
           for
           Elections
           to
           Parliament
           ,
           yet
           returnable
           into
           the
           Parliament
           ,
           to
           be
           holden
           next
           
             after
             Easter
          
           ,
           without
           mentioning
           any
           Day
           ,
           as
           if
           't
           were
           commonly
           known
           ;
           but
           no
           Parliament
           being
           holden
           soon
           after
           Easter
           ,
           because
           of
           the
           King
           's
           being
           out
           of
           the
           Land
           ▪
           a
           Return
           into
           a
           Parliament
           appointed
           to
           sit
           after
           the
           King
           's
           Landing
           ,
           was
           to
           a
           Day
           certain
           .
           But
           that
           at
           the
           beginning
           of
           E.
           1.
           the
           time
           of
           holding
           a
           Parliament
           was
           look'd
           upon
           as
           so
           fix'd
           ,
           that
           there
           was
           no
           need
           
           of
           Summons
           ,
           appears
           by
           that
           King's
           Letter
           to
           the
           Pope
           ,
           3
           E.
           1.
           referring
           him
           to
           the
           Deliberation
           of
           the
           Peers
           of
           the
           Kingdom
           in
           a
           Parliament
           ,
           
           
             which
             used
             to
             be
             holden
             in
          
           England
           ,
           
             about
             the
             Octaves
             of
             the
             Resurrection
             of
             our
             Lord.
             
          
        
         
           5.
           
           If
           the
           mention
           only
           of
           the
           Instance
           of
           the
           
             Great
             Men
          
           ,
           or
           Nobility
           ,
           be
           an
           Argument
           that
           the
           Law
           was
           then
           made
           before
           even
           the
           Knights
           of
           the
           Counties
           came
           up
           ,
           tho
           Summoned
           to
           Consult
           and
           Consent
           ;
           the
           many
           Laws
           which
           have
           pass'd
           immediately
           upon
           the
           King's
           Answer
           to
           the
           Petition
           of
           the
           Commons
           ,
           would
           argue
           as
           strongly
           ,
           that
           those
           Laws
           were
           made
           without
           the
           consent
           of
           
             the
             Lords
          
           ;
           but
           as
           in
           such
           case
           ,
           either
           they
           were
           included
           as
           part
           of
           the
           Community
           of
           the
           Kingdom
           ,
           or
           else
           the
           King
           answered
           
             by
             their
             Advice
          
           ;
           So
           at
           the
           making
           the
           Statute
           18
           E.
           1.
           either
           the
           Commons
           were
           under
           the
           Word
           Magnates
           ,
           as
           the
           
             lower
             Nobility
          
           ,
           or
           Men
           dignified
           by
           being
           Senators
           ,
           or
           else
           the
           
             Great
             Lords
          
           finding
           themselves
           chiefly
           agrieved
           ,
           as
           being
           unable
           to
           pay
           their
           Debts
           ,
           because
           none
           would
           buy
           their
           Lands
           ;
           this
           Law
           might
           have
           pass'd
           chiefly
           ●t
           their
           desire
           :
           But
           then
           ,
           since
           't
           is
           
           manifest
           it
           was
           in
           Parliament
           ,
           't
           was
           by
           the
           Consent
           of
           the
           Commons
           ;
           but
           I
           rather
           think
           that
           the
           Commons
           
           were
           then
           included
           under
           Magnates
           ,
           bec●●●e
           I
           find
           them
           so
           in
           Times
           after
           th●s
           ;
           and
           that
           Petitions
           were
           made
           to
           them
           with
           as
           
             high
             Ascriptions
          
           as
           were
           given
           to
           the
           
             Great
             Lords
          
           .
        
         
           In
           the
           1st
           of
           E.
           3.
           a
           Statute
           was
           made
           ,
           as
           one
           Record
           has
           it
           ,
           by
           the
           a
           
             Common
             Council
          
           of
           the
           Kingdom
           ,
           as
           another
           b
           by
           the
           King
           ,
           the
           
             Prelates
             ,
             Earls
             ,
             Barons
             ,
             and
             the
             Commonalty
             of
             the
             Realm
          
           ;
           and
           yet
           an
           Historian
           well
           conversant
           in
           the
           Records
           ,
           and
           common
           acceptation
           of
           Words
           in
           that
           Time
           ,
           speaking
           of
           this
           very
           Parliament
           ,
           and
           of
           the
           
           Queen
           Mother's
           coming
           to
           London
           ,
           with
           E.
           3.
           her
           Son
           ,
           says
           ,
           
             Thither
             also
             Convened
             the
          
           whole
           c
           Nobility
           
             of
             the
          
           Kingdom
           ,
           
             having
             been
             before
             Summoned
             to
             the
          
           holding
           a
           Parliament
           .
        
         
           In
           after
           Times
           there
           are
           numbers
           of
           Petitions
           to
           the
           
             House
             of
             Commons
          
           ,
           from
           Persons
           of
           Quality
           ;
           from
           the
           City
           of
           London
           ,
           and
           others
           :
           
           
             To
             the
             (
             a
          
           )
           Most
           Honourable
           ,
           or
           Right
           Honourable
           ,
           and
           Most
           Wise
           the
           Commons
           in
           this
           present
           Parliment
           Assembled
           .
        
         
           The
           b
           Honourable
           and
           
             Most
             Wise
          
           ,
           and
           the
           like
           .
        
         
           
           
             (
             c
          
           )
           But
           some
           who
           will
           admit
           that
           the
           Knights
           of
           the
           Shire
           ,
           who
           indeed
           are
           in
           many
           Records
           call'd
           Grands
           of
           the
           Counties
           ,
           were
           part
           
           of
           the
           Magnates
           17
           E.
           3.
           will
           have
           it
           ,
           that
           the
           Citizens
           and
           Burgesses
           were
           not
           ,
           because
           .
           1.
           
           They
           ,
           in
           those
           Times
           ,
           used
           to
           be
           distinguished
           by
           the
           Name
           of
           Commons
           ,
           from
           the
           Knights
           of
           the
           Shires
           .
           2.
           
           There
           's
           no
           mention
           of
           any
           Summons
           tothem
           in
           the
           Records
           of
           18
           E.
           1.
           when
           there
           was
           to
           the
           Knights
           of
           the
           
             Shires
             ▪
          
           But
           for
           a
           full
           answer
           to
           this
           ,
           I
           desire
           it
           may
           be
           considered
           .
        
         
           1.
           
           That
           the
           Meeting
           17
           E.
           1.
           
           appears
           by
           the
           Statute
           then
           made
           ,
           to
           be
           a
           Parliament
           ,
           that
           Dr.
           Brady
           himself
           has
           yielded
           ,
           that
           the
           
             Cities
             ,
             Boroughs
             ▪
          
           and
           
             Cinque
             Ports
          
           ,
           and
           Vills
           ,
           had
           by
           King
           John's
           Charter
           ,
           right
           to
           be
           of
           the
           Common-Council
           
           
             of
             the
          
           Kingdom
           ;
           which
           is
           the
           Phrase
           most
           generally
           used
           in
           the
           Ancient
           
             Register
             of
             Writs
          
           ,
           to
           denote
           a
           Parliament
           .
        
         
           2.
           
           There
           were
           Boroughs
           long
           before
           the
           reputed
           Conquest
           :
           As
           for
           instance
           ,
           St.
           Edmund's
           Bury
           ,
           or
           Burgh
           ,
           made
           a
           Borough
           in
           the
           Time
           of
           King
           Edmund
           ,
           confirmed
           in
           the
           Reigns
           of
           Cnute
           ,
           the
           
             Confessor
             ,
             W.
          
           1.
           and
           other
           Kings
           .
        
         
           3.
           
           Boroughs
           frequently
           occur
           in
           
             Dooms-day
             Book
          
           ,
           that
           great
           Survey
           taken
           in
           the
           Reign
           of
           W.
           1.
           and
           are
           mentioned
           as
           such
           in
           the
           Time
           of
           
             Edward
             the
             Confessor
          
           .
        
         
           4.
           
           No
           one
           Charter
           of
           ancient
           Times
           since
           W.
           1.
           can
           be
           found
           ,
           giving
           any
           Borough
           right
           to
           send
           Members
           to
           Parliament
           ;
           but
           that
           has
           seem'd
           the
           consequent
           of
           being
           a
           Borough
           ,
           having
           a
           Gild
           for
           Merchandize
           ,
           and
           answering
           to
           the
           King
           ,
           or
           other
           chief
           Lord
           ,
           as
           one
           entire
           Body
           :
           upon
           which
           account
           they
           appeared
           by
           Representation
           ,
           while
           individual
           Tenants
           were
           in
           the
           great
           Councils
           upon
           their
           Personal
           Right
           .
        
         
         
           5.
           
           That
           for
           asserting
           the
           Right
           of
           Boroughs
           to
           be
           represented
           in
           Parliament
           ,
           it
           generally
           was
           enough
           to
           plead
           that
           they
           were
           Boroughs
           ;
           yet
           one
           instance
           at
           least
           is
           to
           be
           found
           within
           two
           Reigns
           after
           the
           time
           of
           our
           present
           enquiry
           ,
           where
           a
           a
           Borough
           Pleads
           ,
           or
           Alledges
           in
           Parliament
           ,
           that
           they
           had
           been
           made
           a
           Borough
           in
           King
           Athelstan's
           time
           ,
           and
           ever
           after
           had
           been
           represented
           in
           Parliament
           by
           two
           Members
           of
           their
           own
           chusing
           :
           and
           this
           the
           then
           Parliament
           ,
           or
           the
           
             King's
             Council
          
           in
           it
           ,
           were
           so
           far
           from
           thinking
           improbable
           ,
           that
           upon
           that
           Borough's
           Allegation
           that
           the
           Charter
           was
           lost
           ,
           they
           direct
           an
           enquiry
           ,
           with
           declared
           disposition
           to
           have
           it
           renewed
           .
        
         
           6.
           
           These
           Boroughs
           ,
           whether
           holding
           of
           the
           Crown
           in
           chief
           ,
           or
           of
           
             Great
             Lords
          
           ,
           were
           either
           Baronies
           ,
           or
           parts
           of
           Baronies
           ,
           upon
           the
           account
           of
           
             Knights
             Service
          
           ;
           or
           Honors
           
           by
           reason
           of
           other
           free
           Tenures
           ,
           and
           their
           Charters
           ,
           that
           they
           should
           hold
           freely
           and
           honourably
           ,
           as
           many
           of
           them
           run
           ;
           and
           thus
           the
           
           Members
           in
           Parliament
           ,
           who
           serv'd
           for
           these
           Baronies
           ,
           or
           Honours
           ,
           were
           part
           of
           the
           Baronage
           of
           the
           Kingdom
           :
           Not
           but
           that
           sometimes
           Barony
           and
           Honour
           are
           used
           without
           distinction
           concerning
           them
           ;
           and
           thus
           that
           ancient
           Borough
           of
           Barnstaple
           a
           which
           held
           of
           the
           Lord
           Tracy
           ,
           is
           in
           the
           same
           Record
           call'd
           both
           a
           Barony
           ,
           and
           an
           Honour
           .
           Which
           Honour
           ,
           as
           appears
           by
           this
           instance
           ,
           was
           not
           limited
           to
           immediate
           Tenure
           of
           the
           Crown
           ;
           and
           that
           this
           was
           not
           derived
           from
           the
           grant
           of
           a
           reputed
           Conqueror
           might
           be
           proved
           by
           numbers
           of
           Authorities
           ,
           of
           which
           I
           shall
           here
           content
           my self
           with
           one
           out
           a
           of
           Doomesday-Book
           .
           
             
               
                 In
                 Norwic
                 erant
                 temp
                 .
                 E.
                 MCCCXX
                 Burgenses
                 ,
                 &c.
                 Tota
                 haec
                 villa
                 reddebat
                 TRE
                 20
                 l.
                 Regi
                 &
                 Comiti
                 10
                 l.
                 In
                 novo
                 Burgo
                 a
                 XXXVI
                 Burgenses
                 and
                 VI
                 Anghci
                 .
                 De
                 hoc
                 toto
                 habebat
                 Rex
                 2
                 partes
                 &
                 Comes
                 tertiam
                 ;
                 modo
                 XLI
                 Burgenses
                 Franci
                 in
                 dominio
                 Regis
                 ,
                 &
                 Comes
                 Rogerus
                 Bigot
                 habet
                 L.
                 &
                 sic
                 de
                 aliis
                 .
                 Tota
                 haec
                 terra
                 Burgensium
                 erat
                 in
                 Dominio
                 Comitis
                 Rad.
                 &
                 concessit
                 eam
                 Regi
                 in
                 commune
                 ,
                 ad
                 faciendum
                 Burgum
                 inter
                 se
                 &
                 Regem
                 :
                 Ut
                 testatur
                 Vicecomes
                 .
              
               
                 In
                 Norwich
                 there
                 were
                 in
                 the
                 time
                 of
                 
                   Edward
                   1320.
                
                 
                 Burgesses
                 .
                 All
                 this
                 Town
                 in
                 the
                 time
                 of
                 King
                 Edward
                 yielded
                 the
                 King
                 20
                 l.
                 and
                 the
                 Earl
                 10
                 l.
                 In
                 the
                 new
                 Borough
                 there
                 were
                 36
                 Burgesses
                 ,
                 and
                 six
                 of
                 them
                 English
                 .
                 Of
                 all
                 thus
                 the
                 King
                 had
                 two
                 parts
                 ,
                 and
                 the
                 Earl
                 the
                 third
                 .
                 Now
                 there
                 are
                 41
                 Burgssses
                 in
                 the
                 Kings
                 demeasn
                 ,
                 and
                 Earl
                 Roger
                 Bigo●
                 has
                 50.
                 and
                 so
                 of
                 others
                 .
                 And
                 this
                 Land
                 of
                 the
                 Burgesses
                 was
                 in
                 Earl
                 (
                 c
                 )
                 
                   Ralphs
                   Demeas●
                
                 ,
                 and
                 he
                 granted
                 it
                 to
                 the
                 King
                 in
                 common
                 ,
                 to
                 make
                 a
                 Borough
                 between
                 him
                 and
                 the
                 King
                 :
                 As
                 the
                 Sheriff
                 attests
                 .
              
            
          
        
         
         
           This
           Earl
           was
           
             Ralph
             Guader
          
           or
           Wader
           ,
           who
           continued
           Earl
           of
           Norfol●
           ,
           or
           at
           least
           of
           Norwich
           ,
           
           from
           within
           the
           Confessor's
           Reign
           ,
           till
           the
           9
           th
           .
           or
           10
           th
           .
           of
           W.
           1.
           
        
         
           7.
           
           The
           Freemen
           ,
           or
           at
           least
           they
           who
           had
           Borough
           holds
           in
           these
           ,
           or
           in
           some
           of
           them
           ,
           are
           in
           Doomsday-Book
           ,
           called
           Barons
           ,
           as
           particularly
           in
           the
           Borough
           of
           Warwick
           .
           
             
               
                 Et
                 in
                 Burgo
                 de
                 Warwic
                 habet
                 Rex
                 in
                 Dominio
                 suo
                 CXIII
                 Domus
                 ,
                 &
                 Barones
                 Regis
                 habent
                 CXII
                 .
                 de
                 quibus
                 omnibus
                 Rex
                 habet
                 geldam
                 .
              
               
                 And
                 in
                 the
                 Borough
                 of
                 Warwick
                 the
                 King
                 has
                 in
                 his
                 demeasm
                 113
                 Ho●ses
                 ,
                 and
                 the
                 Kings
                 Barons
                 have
                 112.
                 of
                 all
                 which
                 the
                 King
                 has
                 Aid
                 .
              
            
          
        
         
           8.
           
           They
           who
           were
           interested
           in
           the
           Government
           of
           these
           Boroughs
           ,
           and
           had
           Right
           to
           look
           after
           their
           common
           concerns
           ,
           could
           not
           but
           be
           Barons
           as
           properly
           ,
           as
           the
           Free
           hold
           Tenants
           of
           Lords
           of
           
             Mannors
             ,
             Freeholders
          
           ,
           who
           were
           Judges
           in
           the
           County
           Courts
           ,
           and
           the
           Freemen
           of
           London
           ,
           who
           are
           call'd
           Barons
           in
           several
           Records
           ,
           and
           
           other
           undoubted
           Authorities
           ,
           and
           the
           Barons
           of
           the
           Cinque
           Ports
           .
        
         
           Of
           Dover
           in
           particular
           a
           
             Dooms-day
             Book
          
           says
           ,
           in
           the
           time
           of
           
             King
             Edward
          
           it
           yielded
           18
           l.
           of
           which
           
             King
             Edward
          
           had
           two
           parts
           ,
           and
           
             Earl
             Godwin
          
           the
           3.
           
           And
           a
           
             Charter
             (
             c
          
           )
           
           to
           this
           Port
           in
           the
           beginning
           of
           
             King
             John's
          
           Reign
           confirms
           to
           his
           Men
           of
           Doura
           the
           Confessor's
           Charter
           ,
           together
           with
           the
           Charters
           of
           W.
           1.
           and
           other
           Kings
           after
           the
           reputed
           Conquest
           .
        
         
           9.
           
           If
           't
           is
           to
           be
           thought
           ,
           that
           no
           Citizens
           and
           Burgesses
           were
           at
           the
           Parliament
           17
           E.
           1.
           because
           no
           Summons
           appears
           for
           other
           Commons
           ,
           besides
           the
           Knights
           of
           the
           Shires
           ;
           by
           the
           same
           reason
           't
           is
           to
           be
           thought
           ,
           that
           none
           of
           the
           
             Great
             Lords
          
           were
           there
           ;
           no
           Summons
           to
           them
           appearing
           .
        
         
         
           
           10.
           
           In
           the
           Writs
           for
           chusing
           Knights
           of
           the
           Shires
           there
           was
           no
           occasion
           to
           mention
           the
           choice
           of
           others
           ;
           and
           thus
           12
           E.
           2.
           
           Only
           the
           
             Earls
             ,
             Barons
          
           ,
           and
           Commonalty
           of
           the
           Counties
           are
           spoken
           of
           as
           granting
           an
           18
           th
           .
           part
           of
           their
           Goods
           :
           but
           they
           would
           be
           very
           much
           deceiv'd
           who
           should
           think
           ,
           that
           no
           others
           were
           at
           that
           Parliament
           ;
           for
           the
           same
           Record
           shews
           ,
           that
           the
           Clergy
           granted
           a
           10
           th
           .
           and
           the
           Cities
           and
           Boroughs
           a
           12
           th
           .
        
         
           11.
           
           'T
           is
           very
           probable
           that
           at
           that
           time
           ,
           the
           Cities
           and
           Boroughs
           had
           the
           Writs
           directed
           to
           them
           in
           particular
           ,
           to
           be
           return'd
           by
           their
           Headborough
           ,
           or
           other
           Officer
           ,
           or
           else
           by
           the
           Community
           there
           .
        
         
           
           Thus
           in
           the
           14
           th
           .
           of
           King
           John
           a
           Summons
           to
           the
           Army
           is
           sent
           to
           the
           Headborough
           and
           
             Honest
             Men
          
           of
           Canterbury
           ;
           so
           to
           
             Dover
             ▪
             Rochester
             ,
             Gildford
          
           ,
           and
           a
           great
           many
           other
           Places
           .
        
         
         
           
           And
           the
           very
           next
           Year
           particular
           Writs
           are
           sent
           to
           the
           
             Honest
             Men
          
           of
           Canterbury
           ,
           the
           Mayor
           and
           Barons
           of
           London
           ,
           the
           Mayor
           and
           
             Honest
             Men
          
           of
           Winchester
           ,
           &c.
           and
           so
           to
           all
           the
           Boroughs
           and
           Demesns
           of
           the
           Crown
           ;
           not
           only
           referring
           them
           to
           the
           Justice
           or
           Custos
           of
           the
           Realm
           ,
           but
           desiring
           an
           Aid
           of
           them
           which
           :
           Mr.
           M.
           must
           agree
           to
           have
           been
           desired
           in
           as
           true
           a
           
             Parliamentary
             Meeting
          
           ,
           as
           those
           which
           he
           cites
           of
           the
           time
           of
           H.
           3.
           in
           relation
           to
           Ireland
           .
        
         
           This
           I
           hope
           may
           not
           be
           thought
           an
           unprofitable
           digression
           from
           the
           supposed
           Ordinance
           17
           E.
           1.
           but
           may
           sufficiently
           evince
           ,
           by
           what
           Authority
           it
           must
           have
           been
           made
           ,
           if
           there
           were
           any
           such
           of
           that
           time
           ;
           and
           that
           the
           King
           and
           his
           Counsel
           pretended
           not
           to
           settle
           the
           State
           of
           a
           Dominion
           annex'd
           to
           the
           Crown
           of
           England
           ,
           without
           consent
           of
           the
           States
           .
        
         
         
           But
           tho'
           the
           
             King's
             Counsel
          
           did
           not
           then
           act
           in
           
             Parliament
             matters
          
           ,
           otherwise
           than
           Parliamentarily
           ;
           yet
           't
           is
           certain
           that
           they
           did
           exercise
           an
           
             Ordinary
             Jurisdiction
          
           in
           relation
           to
           Ireland
           ,
           as
           well
           as
           to
           England
           ,
           either
           as
           Committees
           or
           Tryers
           of
           Petitions
           ,
           appointed
           by
           the
           Lords
           or
           otherwise
           ;
           tho'
           the
           bringing
           a
           Cause
           from
           the
           Lords
           in
           
             Ireland
             to
             the
             House
             of
             Lords
          
           here
           ,
           is
           one
           of
           the
           circumstances
           in
           
             the
             present
             juncture
             of
             Affairs
             ,
             which
             seems
             to
             require
             Mr.
          
           M's
           
             learned
             Disquisition
          
           .
        
         
           
           In
           the
           Bundle
           of
           Petitions
           to
           the
           Parliament
           ,
           in
           the
           time
           of
           E.
           1.
           there
           are
           some
           a
           endorsed
           as
           bro●ght
           before
           the
           King
           ,
           some
           before
           
             all
             the
             Council
          
           ;
           and
           as
           the
           Method
           of
           following
           times
           explains
           this
           Matter
           ,
           there
           had
           been
           appointed
           Receivers
           and
           Tryers
           of
           Petitions
           concerning
           Ireland
           ;
           for
           several
           are
           receiv'd
           from
           thence
           ,
           and
           authoritatively
           Answered
           .
        
         
         
           There
           's
           one
           from
           
             Jeffery
             de
             Geymul
          
           ,
           who
           complains
           of
           the
           Barons
           of
           the
           Exchequer
           in
           Ireland
           ,
           for
           sending
           within
           his
           Jurisdiction
           ,
           a
           Commission
           of
           enquiry
           ,
           who
           Sold
           Pollards
           ;
           to
           the
           prejudice
           ,
           as
           he
           alledged
           ,
           of
           the
           Franchise
           ,
           which
           a
           H.
           2.
           had
           granted
           to
           the
           Ancestors
           of
           his
           Wife
           ,
           
             Maud
             de
             Lacy.
          
           
        
         
           This
           Commission
           was
           manifestly
           founded
           upon
           the
           Record
           of
           the
           Statute
           made
           here
           ,
           as
           is
           shewn
           above
           ,
           enrolled
           in
           the
           Exchequer
           of
           Ireland
           by
           Order
           from
           hence
           :
           This
           the
           Barons
           there
           obey'd
           ,
           and
           held
           that
           by
           Virtue
           of
           that
           ,
           they
           might
           cause
           Commissions
           of
           Enquiry
           to
           be
           executed
           even
           in
           Palatinates
           :
           nor
           does
           it
           appear
           ,
           that
           the
           
             King's
             Council
          
           in
           Parliament
           disallowed
           of
           their
           Proceeding
           ,
           ●
           for
           nothing
           was
           done
           upon
           this
           ●et●tion
           ,
           any
           more
           than
           referring
           it
           to
           the
           next
           Parliament
           .
        
         
         
           In
           the
           Case
           of
           one
           
             Allen
             Fitzwaren
          
           ,
           they
           Ordered
           a
           Writ
           from
           the
           
             Chancellor
             of
             England
          
           ,
           to
           require
           the
           
             Justice
             of
             Ireland
          
           to
           examine
           ,
           whether
           a
           Judgment
           about
           Title
           of
           Land
           had
           been
           given
           while
           a
           Man
           was
           absent
           ,
           and
           under
           the
           
             King's
             Protection
          
           ;
           requiring
           ,
           that
           
             if
             any
             thing
             was
             done
             contrary
             to
             Protection
             ,
             it
             should
             be
             amended
             in
             due
             manner
             .
          
        
         
           And
           as
           the
           Lords
           in
           Parliament
           then
           exercis'd
           a
           Jurisdiction
           over
           Ireland
           ;
           it
           appears
           that
           out
           of
           it
           
           the
           
             High
             Admiral
             of
             England
          
           had
           Conu●ance
           ,
           of
           all
           
             maritime
             Causes
          
           ,
           as
           well
           throughout
           Ireland
           ,
           as
           England
           ,
           from
           the
           time
           then
           beyond
           the
           memory
           of
           Man
           ,
           which
           must
           relate
           to
           the
           general
           Prescription
           ,
           which
           is
           at
           this
           day
           as
           far
           since
           as
           the
           beginning
           of
           R.
           1.
           
           Son
           to
           H.
           2.
           
        
         
         
           That
           during
           the
           Reign
           of
           E.
           1.
           
           Irel.
           was
           govern'd
           as
           a
           part
           of
           England
           ,
           or
           appurtenant
           to
           it
           ;
           and
           that
           the
           Laws
           made
           here
           wanted
           no
           other
           Publication
           ,
           than
           what
           was
           in
           obedience
           to
           the
           Great
           Seal
           of
           England
           ,
           affixed
           to
           Writs
           and
           Charters
           ,
           or
           Exemplifications
           of
           our
           Acts
           of
           Parliament
           ,
           by
           Authority
           from
           hence
           ,
           I
           think
           may
           be
           beyond
           dispute
           :
           which
           might
           excuse
           my
           not
           dwelling
           upon
           the
           unfortunate
           Reign
           of
           E.
           2.
           and
           yet
           there
           are
           some
           evidences
           not
           to
           be
           neglected
           of
           England's
           being
           then
           possess'd
           of
           its
           
           ancient
           Authority
           over
           Ireland
           :
           and
           that
           ,
           tho'
           at
           least
           from
           the
           3
           d.
           of
           that
           King's
           Reign
           Mr.
           M.
           supposes
           ,
           that
           they
           had
           
             a
             regular
             Legislature
          
           in
           Ireland
           .
        
         
           
           In
           the
           10
           th
           .
           of
           that
           King
           ,
           the
           English
           in
           Ireland
           petitioned
           him
           for
           a
           Constitution
           ,
           that
           a
           Parliament
           should
           be
           holden
           there
           once
           a
           Year
           :
           Upon
           this
           and
           other
           things
           then
           desired
           ,
           the
           King
           ,
           under
           the
           Great
           
           Seal
           of
           England
           ,
           commands
           the
           Justice
           of
           Ireland
           to
           Summon
           a
           Parliament
           there
           ,
           to
           consider
           what
           was
           sit
           to
           be
           done
           ,
           and
           to
           certifie
           the
           result
           into
           England
           :
           upon
           which
           the
           King
           declared
           that
           he
           would
           ,
           by
           the
           
             advice
             of
          
           his
           
             Counsel
             ▪
          
           ordain
           what
           should
           be
           sitting
           :
           but
           nothing
           more
           appears
           of
           that
           matter
           ,
           which
           was
           the
           farthest
           step
           towards
           settling
           an
           
             Annual
             Parliament
             in
             Ireland
          
           .
        
         
           
           In
           the
           12
           th
           .
           of
           that
           King
           an
           Act
           of
           Parliament
           was
           made
           in
           England
           ,
           with
           this
           Preamble
           ,
           
             Forasmuch
             as
             divers
             People
             of
             the
             Realm
             of
             England
             ,
             and
             of
             the
             Land
             of
             Ireland
             ,
             have
             hereto
             fore
             many
             times
             suffered
             great
             Mischiefs
             ,
             Damage
             ,
             and
             Disherisons
             ,
             by
             reason
             that
             in
             some
             Cases
             
               where
               the
               Law
               failed
               ,
               no
               Remedy
               was
               ordained
            
             ;
             and
             also
             forasmuch
             as
             some
             points
             of
             the
             Statutes
             heretof●re
             made
             ,
             had
             need
             of
             Exposition
             ;
             
               our
               Lord
               King
            
             Edward
             ,
             
               Son
               to
               King
            
             Edward
             ,
             desiring
             that
             full
             Right
             may
             be
             done
             to
             
             
               his
               People
               ;
               at
               his
               Parliament
            
             holden
             at
             York
             ,
             the
             third
             Week
             after
             the
             Feast
             of
             St.
             Michael
             ,
             the
             12th
             Year
             of
             his
             Reign
             by
             the
             Assent
             of
             the
             
               Prelates
               ,
               Earls
               ,
               Barons
            
             ,
             and
             the
             
               Commonalty
               of
               his
               Realm
            
             there
             assembled
             ,
             hath
             made
             these
             Acts
             and
             Statutes
             following
             ;
             the
             which
             he
             willeth
             to
             be
             observ'd
             in
             his
             said
             Realm
             ,
             and
             Land.
             
          
        
         
           Though
           Ireland
           is
           in
           some
           sense
           part
           of
           the
           Realm
           of
           England
           ,
           yet
           here
           't
           is
           distinguished
           as
           a
           Land
           intended
           to
           be
           bound
           ,
           tho
           it
           had
           no
           Commonalty
           of
           its
           own
           to
           represent
           it
           in
           Parliament
           :
           and
           there
           is
           
             new
             Remedy
             provided
             where
             the
             Law
             had
             failed
             ,
          
           as
           well
           as
           the
           explaining
           what
           was
           Law
           before
           :
           that
           part
           at
           least
           which
           creates
           a
           Forfeiture
           of
           
           Wine
           and
           Victuals
           sold
           by
           any
           Officer
           appointed
           to
           look
           after
           the
           Assises
           of
           them
           ,
           was
           absolutely
           new
           .
        
         
         
           
           This
           Statute
           was
           transmitted
           to
           Ireland
           ,
           by
           the
           following
           Writ
           ,
           under
           the
           
             Great
             Seal
          
           of
           England
           ,
           and
           the
           Name
           of
           the
           Party
           who
           received
           it
           ,
           is
           enter'd
           upon
           Record
           .
           
             
               
                 Rex
                 Cancel
                 .
                 suo
                 Hibern
                 '
                 Salutem
                 .
                 Quaedam
                 statuta
                 per
                 nos
                 in
                 Parl.
                 nostro
                 nuper
                 apud
                 Ebor
                 '
                 convocato
                 ,
                 de
                 assensu
                 Prel
                 .
                 Com.
                 Bar.
                 &
                 totius
                 Communitatis
                 ,
                 regni
                 nostri
                 ibid
                 '
                 existentis
                 ;
                 ad
                 Commun
                 .
                 util
                 .
                 regni
                 nostri
                 ac
                 terrae
                 Hibern
                 '
                 edita
                 ,
                 vobis
                 sub
                 sigillo
                 nostro
                 mittimus
                 consignata
                 .
                 Mandantes
                 quod
                 Stat
                 ▪
                 illa
                 in
                 dicta
                 Cancel
                 lariâ
                 custodiri
                 ,
                 ac
                 in
                 rotulis
                 ejusd
                 .
                 Cancel
                 ▪
                 irrotulari
                 ,
                 &
                 sub
                 sigillo
                 nostro
                 quo
                 utimur
                 in
                 Hiberniâ
                 
                 in
                 forma
                 patenti
                 exemplificari
                 ,
                 &
                 ad
                 singulas
                 placeas
                 nostras
                 in
                 ter
                 .
                 praed
                 .
                 &
                 singulo●
                 comitat
                 .
                 ejusd
                 .
                 ter
                 .
                 mitti
                 facias
                 ,
                 &
                 brevia
                 nostra
                 sub
                 dicto
                 sigillo
                 minist
                 .
                 nostris
                 placearum
                 illar
                 .
                 &
                 Vicecom
                 .
                 dict
                 .
                 Com.
                 quod
                 statuta
                 illa
                 coram
                 ipsis
                 publicari
                 &
                 ea
                 in
                 omnibus
                 &
                 singulis
                 suis
                 artic
                 .
                 quantum
                 ad
                 eor
                 .
                 singulos
                 pertinet
                 ,
                 ●irmiter
                 faciant
                 observari
                 .
                 Teste
                 R.
                 apud
                 Clarendon
                 10
                 die
                 Sept.
                 An.
                 quarto
                 decimo
                 .
              
               
                 The
                 King
                 to
                 his
                 Chancell
                 of
                 Ireland
                 ,
                 Greeting
                 ,
                 We
                 send
                 you
                 under
                 our
                 
                   Great
                   Seal
                
                 ,
                 certain
                 Statutes
                 made
                 
                   by
                   us
                
                 in
                 
                   our
                   Parliament
                   lately
                   called
                   together
                   at
                
                 York
                 ,
                 with
                 the
                 Assent
                 of
                 the
                 
                   Prelates
                   ,
                   Earls
                   ,
                   Barons
                
                 ,
                 and
                 
                   all
                   the
                   Commons
                   of
                   our
                   Kingdom
                   there
                   assembled
                
                 ;
                 for
                 the
                 Common
                 Vtility
                 of
                 
                   our
                   Kingdom
                
                 ,
                 and
                 Land
                 of
                 Ireland
                 :
                 Commanding
                 you
                 ,
                 that
                 those
                 
                   Statutes
                   be
                   kept
                   in
                   the
                   Rolls
                   of
                   the
                   said
                   Chancery
                   ,
                   to
                   be
                   enroll'd
                   and
                   exemplified
                   in
                   the
                   Form
                   of
                   a
                   Patent
                   under
                   our
                   Seal
                   which
                   we
                   use
                   in
                
                 Ireland
                 :
                 and
                 tha●
                 you
                 cause
                 it
                 to
                 be
                 sent
                 to
                 every
                 one
                 of
                 our
                 Places
                 in
                 the
                 said
                 Land
                 ,
                 and
                 every
                 County
                 of
                 the
                 same
                 .
                 And
                 our
                 Writs
                 under
                 our
                 
                   said
                   Seal
                
                 ,
                 commanding
                 our
                 Officers
                 of
                 those
                 Places
                 ,
                 and
                 Sheriffs
                 of
                 the
                 said
                 Counties
                 ,
                 to
                 cause
                 
                   those
                   Statutes
                
                 to
                 be
                 published
                 before
                 them
                 ,
                 and
                 in
                 all
                 and
                 singular
                 their
                 Articles
                 which
                 to
                 every
                 one
                 of
                 them
                 appertain
                 ,
                 to
                 be
                 
                   firmly
                   observ'd
                   .
                   Teste
                
                 the
                 King
                 at
                 Clarendon
                 the
                 10th
                 of
                 Sept.
                 in
                 the
                 14th
                 of
                 his
                 Reign
                 .
              
            
          
        
         
           In
           the
           same
           Roll
           there
           's
           another
           Writ
           of
           the
           same
           Form
           ,
           dated
           at
           
           Nottingham
           20
           Nov.
           sending
           to
           the
           Chancellor
           of
           Ireland
           ,
           the
           Stature
           of
           York
           ,
           and
           another
           made
           before
           at
           Lincoln
           .
        
         
           These
           Entries
           explain
           the
           general
           Transmissions
           ;
           and
           shew
           what
           was
           to
           be
           done
           by
           the
           
             Justice
             of
             Ireland
          
           ,
           in
           order
           to
           the
           publication
           of
           Laws
           made
           in
           Parliaments
           here
           ,
           and
           sent
           to
           him
           :
           but
           yet
           he
           had
           no
           need
           nor
           authority
           to
           call
           a
           
             Parliament
             in
             Ireland
          
           ,
           for
           the
           publishing
           any
           Law
           made
           here
           ,
           unless
           particularly
           required
           under
           the
           Great
           Seal
           of
           England
           .
        
         
           Yet
           I
           cannot
           but
           admire
           the
           force
           of
           Mr.
           M's
           Imagination
           ,
           in
           framing
           an
           Argument
           ,
           on
           that
           very
           Year
           that
           those
           Statutes
           were
           sent
           to
           Ireland
           ,
           That
           the
           
             Parliament
             of
          
           
           England
           
             did
             not
             take
             upon
             them
             to
             have
             any
             jurisdiction
             in
          
           Ireland
           ,
           because
           
           the
           King
           sent
           his
           Letters-Patents
           to
           the
           Lord
           Chief
           Justice
           of
           Ireland
           commanding
           that
           the
           Irish
           Natives
           might
           enjoy
           the
           
             Laws
             of
          
           England
           concerning
           Life
           and
           Member
           ;
           to
           which
           
             he
             had
             been
          
           
           
             moved
             by
             his
             Parliament
             at
          
           West-minster
           :
           which
           is
           as
           much
           as
           to
           say
           ,
           they
           used
           no
           Jurisdiction
           because
           they
           did
           .
        
         
           That
           after
           this
           time
           ,
           that
           King
           and
           his
           Parliament
           exercised
           Jurisdiction
           over
           Ireland
           ,
           appears
           by
           the
           Ordinance
           made
           for
           the
           State
           of
           Ireland
           ,
           in
           a
           Parliament
           held
           on
           the
           Octaves
           of
           St.
           Martin
           ,
           in
           the
           17th
           of
           his
           Reign
           ,
           and
           not
           of
           E.
           1.
           for
           which
           I
           shall
           refer
           not
           only
           to
           what
           I
           before
           observed
           ,
           which
           may
           give
           reasonable
           satisfaction
           that
           no
           such
           Ordinance
           could
           have
           been
           made
           in
           the
           17th
           of
           E.
           1.
           but
           to
           the
           Statute-Rolls
           ,
           where
           this
           is
           entered
           among
           the
           Statutes
           of
           the
           time
           of
           
           E.
           2.
           next
           above
           the
           Statutes
           of
           the
           time
           of
           E.
           3.
           
           For
           maintaining
           the
           Jurisdiction
           of
           England
           that
           Statute
           of
           Nottingham
           ordains
           ,
           
             That
             no
             Pardon
             for
             Felony
             be
             granted
             by
             the
             Justice
             of
             Ireland
             ,
             nor
             Seal'd
             with
             the
             King's
             Seal
             there
             ,
             
               without
               special
               Command
               of
               the
               King
               ,
               under
               some
               one
               of
               his
               Seals
               of
            
             England
             .
          
        
         
         
           1.
           
           It
           being
           so
           manifest
           from
           undoubted
           Records
           ,
           that
           the
           Parliaments
           
           of
           England
           ,
           to
           the
           17
           th
           .
           of
           E.
           2.
           exercised
           an
           Authority
           in
           making
           Laws
           to
           bind
           Ireland
           ,
           and
           that
           there
           was
           a
           plain
           and
           known
           Method
           for
           publishing
           those
           Laws
           in
           Ireland
           by
           virtue
           of
           the
           Great
           Seal
           of
           England
           ,
           I
           hope
           it
           will
           be
           allowed
           ,
           that
           the
           Authority
           of
           Sir
           Richard
           
           Bolton's
           Marginal
           Note
           in
           an
           Edition
           of
           the
           
             Irish
             Statutes
          
           ,
           is
           not
           enough
           to
           induce
           Men
           to
           believe
           ,
           that
           in
           the
           13
           th
           .
           of
           E.
           2.
           the
           Statute
           of
           
             Merton
             ▪
          
           20
           
             th
             .
             H.
          
           3.
           and
           some
           other
           Statutes
           made
           in
           England
           ,
           were
           confirmed
           in
           Ireland
           ,
           as
           being
           of
           no
           force
           there
           till
           then
           :
           And
           that
           no
           other
           Statutes
           made
           in
           England
           were
           of
           force
           in
           Ireland
           ,
           till
           confirm'd
           there
           .
           Can
           any
           Man
           think
           that
           no
           part
           of
           the
           Statute
           of
           Merton
           was
           received
           for
           Law
           in
           Ireland
           till
           the
           13
           th
           .
           of
           E.
           2.
           particularly
           ,
           will
           even
           Mr.
           M.
           believe
           ,
           that
           notwithstanding
           the
           Record
           21.
           
           H.
           3.
           of
           Transmission
           of
           so
           much
           
           at
           least
           of
           the
           Statute
           of
           Merton
           as
           relates
           to
           the
           
             Limitation
             of
             Writs
          
           ,
           yet
           till
           the
           13
           th
           .
           of
           E.
           2.
           the
           descent
           in
           a
           
           Writ
           of
           Right
           was
           to
           be
           lay'd
           from
           
           an
           Ancestor
           of
           the
           time
           of
           H.
           1.
           which
           is
           200
           Years
           within
           One
           ?
           Or
           does
           he
           think
           that
           the
           Justice
           of
           Ireland
           ,
           for
           the
           time
           being
           ,
           would
           not
           have
           been
           turn'd
           out
           ,
           if
           not
           impeached
           ,
           had
           he
           not
           caused
           the
           
             Statutes
             of
             West
          
           .
           1.
           and
           2.
           and
           the
           Statutes
           of
           
           Gloucester
           ,
           to
           have
           been
           Proclaimed
           and
           Observed
           in
           Ireland
           ,
           after
           they
           had
           been
           delivered
           to
           his
           Clerk
           in
           the
           Parliament
           at
           Winchester
           ?
           and
           yet
           ,
           if
           there
           be
           any
           thing
           in
           Mr.
           
             M
             ▪
          
           s
           Quotation
           from
           Sir
           
             Richard
             Bolton
          
           ,
           these
           were
           not
           received
           for
           Laws
           in
           Ireland
           till
           13.
           
           E.
           2.
           
        
         
           But
           since
           't
           is
           manifest
           that
           those
           ,
           and
           the
           other
           Statutes
           afterwards
           sent
           over
           in
           the
           time
           of
           E.
           1.
           and
           E.
           2.
           must
           needs
           have
           been
           put
           in
           Execution
           there
           ;
           if
           there
           were
           any
           such
           Act
           of
           Parliament
           13.
           
           E.
           2.
           as
           Mr.
           M.
           takes
           for
           granted
           ,
           upon
           no
           Authority
           in
           comparison
           with
           the
           Records
           which
           I
           have
           cited
           ;
           as
           to
           so
           much
           of
           any
           Acts
           of
           Parliament
           made
           here
           ,
           as
           was
           not
           transmitted
           in
           the
           form
           above
           shewn
           ,
           the
           Enacting
           them
           in
           in
           Ireland
           might
           be
           the
           first
           Publication
           
           there
           :
           But
           as
           to
           what
           was
           contained
           in
           the
           Patent
           or
           Charter
           sent
           thither
           ,
           it
           could
           be
           no
           more
           than
           a
           
             Declaratory
             Law
          
           ,
           or
           rather
           Republication
           .
        
         
           Sometimes
           there
           might
           have
           been
           a
           special
           form
           of
           Transmission
           ,
           which
           as
           one
           means
           of
           publishing
           the
           Laws
           ,
           might
           require
           their
           Parliament
           to
           meet
           to
           hear
           Laws
           read
           to
           them
           ,
           which
           would
           bind
           them
           whether
           they
           consented
           or
           no
           :
           or
           by
           Writ
           from
           hence
           ,
           a
           Law
           or
           Charter
           pass'd
           there
           might
           be
           so
           republished
           .
           Thus
           't
           was
           beyond
           Contradiction
           12.
           
           H.
           3.
           when
           a
           Charter
           of
           King
           John's
           ,
           
           Sworn
           to
           by
           the
           Irish
           ,
           was
           either
           sent
           
           back
           ,
           or
           republished
           after
           it
           had
           lain
           there
           .
           
             
               
                 Rex
                 dilecto
                 &
                 fideli
                 suo
                 Ric.
                 de
                 Burgo
                 Justic
                 .
                 suo
                 Mandamus
                 vobis
                 ●irmiter
                 ,
                 praecipientes
                 quatenus
                 certo
                 die
                 &
                 loco
                 faciatis
                 venire
                 coram
                 vobis
                 Arch.
                 Ep.
                 Ab.
                 Pr.
                 Com.
                 &
                 Bar.
                 Mil.
                 &
                 libere
                 tenentes
                 ,
                 &
                 Ballivos
                 
                 singulor
                 .
                 Comitat
                 .
                 &
                 coram
                 eis
                 publice
                 legi
                 faciatis
                 cartam
                 Dni
                 .
                 J.
                 Regis
                 Patris
                 nri
                 cui
                 Sigillum
                 sum
                 appensum
                 est
                 quam
                 fieri
                 fecit
                 &
                 jurari
                 à
                 Magnatibus
                 Hib.
                 de
                 legibus
                 &
                 consuetud
                 .
                 Anglicis
                 observandis
                 :
                 &
                 praecipiatis
                 exparte
                 nostrâ
                 quod
                 leges
                 ,
                 illas
                 &
                 consuetudines
                 in
                 carta
                 praed
                 .
                 contentas
                 de
                 caetero
                 firmiter
                 tenennt
                 .
                 Et
                 hoc
                 idem
                 per
                 singulos
                 Comitatus
                 Hib.
                 clamari
                 faciatis
                 &
                 teneri
                 ,
                 Prohibentes
                 firmiter
                 exparte
                 nostrâ
                 ,
                 &
                 super
                 forisfactur
                 .
                 nostram
                 ne
                 quis
                 contra
                 hoc
                 Mandatum
                 venire
                 presumat
                 .
              
               
                 The
                 King
                 to
                 his
                 Beloved
                 and
                 Faithful
                 Subject
                 
                   Richard
                   de
                   Burgh
                
                 ,
                 his
                 Justice
                 of
                 Ireland
                 ,
                 we
                 command
                 you
                 ,
                 firmly
                 requiring
                 ,
                 that
                 at
                 a
                 certain
                 day
                 and
                 place
                 ,
                 you
                 cause
                 to
                 come
                 before
                 you
                 the
                 Arch-Bishops
                 ,
                 Bishops
                 ,
                 Abbots
                 ,
                 Priors
                 ,
                 Earls
                 ,
                 &
                 Barons
                 ,
                 Knights
                 ,
                 &
                 Freeholders
                 ,
                 and
                 the
                 Bailiffs
                 of
                 every
                 County
                 :
                 and
                 before
                 them
                 cause
                 publickly
                 to
                 be
                 read
                 the
                 Charter
                 of
                 King
                 John
                 our
                 Father
                 ,
                 to
                 which
                 his
                 Seal
                 is
                 affixed
                 ,
                 which
                 he
                 caused
                 to
                 be
                 made
                 and
                 sworn
                 by
                 the
                 great
                 Men
                 of
                 Ireland
                 ;
                 concerning
                 the
                 observing
                 in
                 Ireland
                 the
                 Laws
                 and
                 Customs
                 of
                 England
                 .
                 And
                 command
                 them
                 from
                 us
                 ,
                 that
                 they
                 ,
                 for
                 the
                 future
                 ,
                 firmly
                 keep
                 and
                 observe
                 the
                 Laws
                 and
                 Customs
                 in
                 the
                 said
                 Charter
                 contained
                 .
                 And
                 cause
                 this
                 same
                 to
                 be
                 Proclaimed
                 thro'
                 every
                 County
                 of
                 Ireland
                 ,
                 firmly
                 Prohibiting
                 in
                 our
                 Name
                 ,
                 and
                 under
                 our
                 Forfeiture
                 ,
                 that
                 no
                 person
                 presume
                 to
                 the
                 contrary
                 of
                 this
                 our
                 Command
                 .
              
            
          
        
         
           All
           must
           agree
           that
           this
           Publication
           ,
           in
           so
           formal
           a
           Parliament
           ,
           and
           
           after
           that
           ,
           in
           the
           several
           Counties
           ,
           was
           not
           necessary
           to
           give
           Sanction
           to
           that
           Charter
           ,
           for
           that
           it
           had
           before
           :
           And
           could
           be
           no
           more
           than
           a
           reminding
           them
           of
           their
           Duty
           ,
           or
           a
           more
           solemn
           Publication
           of
           the
           Law.
           But
           that
           being
           a
           Law
           made
           here
           ,
           was
           held
           sufficient
           to
           make
           it
           a
           Law
           to
           the
           English
           in
           Ireland
           ,
           and
           that
           ,
           being
           transmitted
           thither
           under
           the
           Great
           Seal
           of
           England
           ,
           it
           became
           a
           Rule
           to
           the
           Judges
           there
           ,
           even
           in
           matters
           happening
           before
           the
           transmission
           ,
           appears
           by
           the
           following
           
           Precedents
           .
        
         
           A
           Man
           having
           been
           redisseis'd
           after
           the
           Statute
           of
           Merton
           ,
           20.
           
           H.
           3.
           which
           had
           made
           a
           Redisseisour
           lyable
           to
           Imprisonment
           .
           A
           Party
           ,
           who
           had
           been
           so
           injured
           ,
           applies
           to
           the
           King
           for
           Remedy
           ,
           and
           as
           the
           Writ
           to
           the
           Justice
           of
           Ireland
           has
           it
           ,
           
             
               
                 Ideo
                 vobis
                 mittimus
                 sub
                 sigillo
                 nostro
                 constitutionem
                 nuper
                 factam
                 coram
                 nobis
                 &
                 Magnatibus
                 nostris
                 Angliae
                 ,
                 de
                 praedicto
                 casu
                 &
                 similiter
                 ,
                 de
                 aliis
                 arti●ulis
                 ad
                 emendationem
                 rni
                 nri
                 Mandantes
                 quat
                 .
                 de
                 consilio
                 venererab
                 .
                 Pat.
                 L.
                 Dublin
                 ,
                 Arch.
                 constitutionem
                 illam
                 in
                 Curiâ
                 nostra
                 Hib.
                 legi
                 &
                 de
                 caetero
                 firmiter
                 observari
                 ,
                 faciatis
                 ,
                 &
                 secund
                 .
                 eandem
                 praed
                 .
                 querenti
                 plene
                 justitiam
                 exhiberi
                 faciatis
                 .
              
               
                 Therefore
                 we
                 send
                 you
                 ,
                 under
                 our
                 Seal
                 ,
                 the
                 Constitution
                 ,
                 lately
                 made
                 before
                 us
                 and
                 our
                 great
                 Men
                 of
                 England
                 ,
                 concerning
                 that
                 Case
                 ,
                 and
                 other
                 Articles
                 ,
                 for
                 the
                 Amendment
                 of
                 this
                 our
                 Kingdom
                 ,
                 commanding
                 ,
                 That
                 with
                 the
                 Counsel
                 of
                 the
                 venerable
                 father
                 L.
                 Arch-Bishop
                 of
                 Dublin
                 ,
                 you
                 cause
                 that
                 Constitution
                 to
                 be
                 read
                 in
                 our
                 Court
                 of
                 Ireland
                 ,
                 and
                 for
                 the
                 future
                 to
                 be
                 firmly
                 observed
                 ,
                 and
                 that
                 you
                 fully
                 dojustice
                 to
                 the
                 Complainant
                 according
                 to
                 the
                 same
                 .
              
            
          
        
         
         
           In
           the
           Sense
           ,
           in
           which
           the
           Parliament
           12.
           of
           H.
           3.
           was
           to
           receive
           the
           Charter
           of
           King
           John
           ,
           and
           the
           King's
           Court
           or
           Bench
           in
           Ireland
           was
           to
           receive
           the
           Statute
           of
           Merton
           ,
           I
           will
           agree
           that
           Parliaments
           in
           Ireland
           may
           have
           received
           Laws
           in
           the
           time
           of
           E.
           2.
           but
           there
           's
           no
           colour
           to
           believe
           that
           they
           then
           pretended
           to
           more
           ,
           in
           relation
           to
           Acts
           of
           Parliament
           ,
           sent
           over
           to
           them
           at
           large
           under
           the
           Great
           Seal
           of
           England
           .
        
         
         
           
           The
           Reign
           of
           E.
           3.
           
           I
           may
           divide
           into
           Three
           Periods
           ,
           1.
           
           Before
           ,
           2.
           
           At
           ,
           3.
           
           After
           the
           main
           and
           most
           express
           Charter
           ,
           for
           a
           Parliament
           in
           Ireland
           ,
           of
           any
           yet
           cited
           ,
           or
           appearing
           .
        
         
           1.
           
           In
           the
           Statute
           Roll
           of
           the
           beginning
           of
           E.
           3.
           there
           are
           several
           entries
           in
           Latin
           of
           this
           kind
           .
           
             Mem.
             that
             those
             Statutes
             were
             sent
             into
             Ireland
             in
             the
             a
             
               form
               of
               a
               Patent
            
             ,
             with
             a
             certain
             Writ
             here
             following
             .
          
           But
           the
           entry
           of
           the
           Writ
           is
           sometimes
           omitted
           ,
           it
           being
           look'd
           on
           as
           matter
           of
           common
           form
           .
        
         
           
           In
           the
           2
           d.
           of
           that
           King
           ,
           a
           Statute
           was
           made
           at
           Northampton
           ,
           giving
           a
           command
           about
           Fairs
           ,
           to
           all
           Sheriffs
           of
           England
           ,
           and
           other
           Parts
           .
           In
           the
           6
           th
           .
           a
           Statute
           was
           made
           ,
           supplying
           the
           Defects
           of
           that
           Statute
           ,
           and
           creating
           the
           Forfeiture
           of
           double
           the
           Value
           of
           what
           should
           be
           sold
           in
           any
           Fair
           ,
           or
           Market
           ,
           beyond
           the
           time
           limited
           for
           them
           in
           the
           Charters
           .
        
         
         
           In
           the
           6
           th
           .
           of
           that
           King
           ,
           this
           last
           a
           Statute
           ,
           and
           
             all
             other
             Statutes
             made
             in
             his
             Reign
             to
             that
             time
             ,
          
           are
           sent
           ,
           
             in
             the
             form
             of
             a
             Patent
             ,
          
           to
           
             Anthony
             de
             Lucy
             ,
             Justice
          
           of
           Ireland
           ,
           requiring
           that
           those
           Statutes
           ,
           and
           all
           the
           Articles
           therein
           contained
           ,
           be
           Proclaimed
           in
           the
           King's
           Land
           of
           Ireland
           ,
           as
           well
           
             within
             Liberties
          
           ,
           as
           without
           ;
           and
           that
           he
           should
           cause
           so
           much
           of
           them
           as
           concern'd
           the
           b
           Justice
           ,
           and
           the
           
             People
             of
             that
             Land
          
           ,
           to
           be
           
             firmly
             kept
          
           ,
           and
           observed
           .
        
         
           A
           Statute
           c
           11.
           of
           E.
           3.
           provides
           ,
           That
           ,
           except
           the
           King
           and
           his
           Children
           ,
           no
           Person
           ,
           great
           nor
           small
           ,
           within
           
             England
             ,
             Ireland
          
           ,
           and
           Wales
           ,
           or
           so
           much
           of
           Scotland
           as
           was
           then
           
             under
             the
             King's
             power
          
           ,
           should
           wear
           any
           Cloth
           ,
           but
           what
           was
           made
           in
           
             England
             ,
             Ireland
             ,
             Wales
          
           ,
           or
           such
           part
           of
           Scotland
           ;
           upon
           pain
           of
           Forfeiture
           of
           the
           Cloth
           ,
           and
           being
           
             Punish'd
             at
             the
             King's
             pleasure
          
           .
        
         
           And
           whereas
           Mr.
           M.
           according
           to
           the
           use
           which
           he
           makes
           of
           publications
           ,
           in
           or
           by
           Parliaments
           in
           Ireland
           ,
           of
           Laws
           made
           in
           Parliaments
           of
           England
           ,
           would
           infer
           ,
           that
           no
           Statutes
           
           made
           here
           against
           Provisors
           ,
           could
           be
           of
           force
           in
           Ireland
           till
           the
           32
           d.
           of
           H.
           6.
           when
           't
           was
           Enacted
           
           there
           ,
           That
           all
           those
           Laws
           made
           in
           England
           ,
           as
           well
           as
           in
           
             Ireland
             ,
             be
             had
             and
             kept
             in
             force
          
           ;
           't
           is
           evident
           ,
           that
           a
           E.
           3
           d's
           Parliament
           and
           his
           Council
           acting
           in
           Parliament
           ,
           held
           ,
           that
           there
           was
           no
           need
           of
           other
           publishing
           and
           enforcing
           those
           Laws
           ,
           than
           was
           usual
           by
           virtue
           of
           the
           Great
           Seal
           of
           England
           .
        
         
           The
           Commons
           b
           Petitioned
           ,
           that
           the
           Provisions
           and
           Ordinances
           made
           in
           the
           Parl.
           17.
           of
           that
           King
           ,
           concerning
           Provisions
           and
           Reservations
           from
           the
           See
           of
           Rome
           ,
           be
           
             affirmed
             by
             a
             Statute
             to
             endure
             for
             ever
             :
          
           And
           particularly
           ,
           c
           that
           if
           any
           Arch-Bishop
           ,
           or
           other
           Spiritual
           Patron
           ,
           do
           not
           present
           within
           Four
           Months
           after
           Voidance
           ,
           by
           a
           Man's
           accepting
           any
           Benefice
           
           from
           the
           See
           of
           Rome
           ,
           the
           
             Right
             of
             Patronage
             should
             accrue
             to
             the
             King
             :
          
           And
           they
           pray
           ,
           d
           that
           Commissions
           and
           Writs
           be
           sent
           to
           all
           ports
           of
           
             England
             ,
             Wales
          
           ,
           and
           Ireland
           ,
           and
           other
           Places
           within
           every
           County
           ,
           as
           there
           should
           be
           occasion
           ,
           to
           Apprehend
           
           all
           those
           who
           should
           carry
           any
           of
           the
           
             Bulls
             ,
             Process
          
           ,
           or
           Instruments
           then
           complained
           of
           .
        
         
           The
           Answer
           in
           French
           is
           thus
           ,
           e
           
             'T
             is
             accorded
             and
             assented
             by
             the
             King
             ,
             the
             
               Earls
               ,
               Barons
               ,
               Justices
            
             ,
             and
             other
             
               Sages
               of
               the
               Law
            
             ,
             that
             the
             Things
             above-written
             be
             done
             ,
             and
             in
             reasonable
             form
             ,
             
               according
               to
               the
               prayer
               of
               the
               Commons
               .
            
          
        
         
           Upon
           which
           ,
           there
           's
           no
           doubt
           but
           either
           a
           Writ
           was
           sent
           to
           Ireland
           ,
           with
           this
           Act
           of
           Parliament
           ,
           in
           the
           form
           of
           a
           Charter
           ,
           to
           warrant
           Commissions
           for
           that
           purpose
           in
           Ireland
           ;
           or
           otherwise
           ,
           Commissions
           might
           issue
           from
           hence
           ,
           to
           apprehend
           such
           Offenders
           as
           should
           be
           found
           there
           .
        
         
           
           The
           Statute
           of
           the
           Staple
           ,
           27.
           
           E.
           3.
           taking
           notice
           of
           the
           Damages
           to
           the
           People
           of
           the
           
             King's
             Realm
          
           ,
           and
           of
           his
           Lands
           of
           Wales
           and
           Ireland
           ,
           because
           the
           Staples
           had
           been
           held
           out
           of
           the
           
             said
             Realm
          
           ,
           and
           Lands
           ,
           appoints
           places
           for
           the
           Staple
           in
           Ireland
           ,
           as
           well
           as
           in
           England
           and
           Wales
           ;
           and
           creates
           a
           Forfeiture
           of
           the
           Wool
           ,
           and
           other
           Staple
           Commodities
           ,
           which
           any
           
             English
             ,
             Irish
          
           ,
           or
           Welsh
           ,
           should
           
           carry
           out
           of
           the
           said
           Realm
           ,
           and
           Lands
           :
           with
           the
           like
           Penalty
           ,
           if
           they
           
           should
           receive
           Gold
           or
           Silver
           for
           them
           ,
           elsewhere
           than
           at
           the
           respective
           Staples
           .
        
         
           At
           which
           Staples
           't
           is
           to
           be
           observed
           ,
           that
           there
           were
           paid
           Duties
           and
           Customs
           ,
           granted
           by
           Parliament
           in
           England
           .
        
         
           
           Another
           Statute
           ,
           of
           the
           same
           Year
           ,
           appoints
           ,
           That
           all
           Wines
           in
           
             England
             ,
             Ireland
          
           ,
           and
           Wales
           ,
           be
           Gauged
           ,
           on
           pain
           of
           Forfeiture
           ,
           and
           further
           Punishment
           at
           
             the
             King's
             pleasure
          
           .
        
         
           
           And
           but
           Two
           Years
           before
           ,
           the
           
             Statute
             of
             Treasons
          
           ,
           which
           does
           not
           name
           Ireland
           ,
           was
           made
           for
           a
           Law
           to
           
           the
           whole
           Realm
           ,
           and
           for
           Ireland
           as
           
           part
           of
           it
           :
           But
           none
           of
           the
           King's
           Subjects
           in
           Ireland
           were
           within
           that
           Law
           ,
           unless
           they
           were
           to
           be
           adjudged
           Subjects
           of
           the
           
             Realm
             of
             England
          
           .
           And
           yet
           this
           Statute
           is
           ordered
           to
           be
           published
           and
           observed
           in
           Ireland
           ,
           as
           well
           as
           England
           ,
           in
           this
           manner
           .
        
         
           
             a
             To
             the
             Sheriff
             of
             Kent
             ,
             greeting
             .
             We
             send
             you
             ,
             
               under
               our
               Seal
            
             ,
             certain
             
               Statutes
               ,
               made
               in
               our
               Parliament
               assembled
               at
               Westminster
               ,
            
             
             on
             the
             Feast
             of
             St.
             Hillary
             last
             past
             ,
             by
             us
             ,
             the
             
               Prelates
               ,
               Dukes
               ,
               Earls
               ,
               Barons
               ,
            
             and
             others
             of
             the
             
               Commonalty
               of
               our
               Realm
               of
            
             England
             ,
             to
             the
             said
             Parliament
             summoned
             :
             Commanding
             ,
             that
             you
             cause
             the
             said
             Statutes
             to
             be
             read
             in
             your
             
               full
               County
            
             ;
             and
             that
             they
             be
             
               firmly
               observed
               ,
               and
               kept
               .
               Teste
            
             the
             King
             at
             Westm
             .
             the
             6
             th
             .
             day
             of
             May.
             
          
           
             b
             The
             
               like
               Writs
            
             ,
             of
             the
             same
             Date
             ,
             are
             sent
             to
             the
             
               Justice
               of
               Ireland
            
             ,
             what
             ought
             to
             be
             changed
             being
             changed
             .
          
        
         
           
           But
           if
           the
           Parliaments
           of
           England
           had
           ,
           or
           exercised
           any
           Jurisdiction
           or
           Authority
           over
           Ireland
           hitherto
           ;
           at
           least
           ,
           't
           is
           to
           be
           thought
           ,
           that
           't
           was
           all
           taken
           from
           'em
           by
           a
           Charter
           of
           E.
           3.
           part
           of
           which
           he
           transcribes
           out
           of
           Mr.
           Prynn
           ,
           but
           for
           his
           satisfaction
           ,
           I
           shall
           give
           him
           more
           of
           it
           from
           the
           
           Record
           ,
           now
           to
           be
           seen
           in
           the
           Tower
           ,
           't
           is
           a
           Charter
           of
           R.
           2.
           of
           an
           Ordinance
           for
           the
           State
           of
           Ireland
           ,
           reciting
           and
           confirming
           the
           Charter
           31.
           
           E.
           3.
           beginning
           thus
           :
           
             
               
                 
                 Quia
                 ex
                 frequenti
                 side
                 dignor
                 insinuatione
                 accepimus
                 ,
                 quod
                 terra
                 nra
                 Hiberniae
                 ,
                 ecclesiaque
                 Hibernica
                 ,
                 ac
                 clerus
                 &
                 populus
                 ejusdem
                 nobis
                 subditus
                 ;
                 ob
                 defectum
                 boni
                 regiminis
                 ,
                 ac
                 per
                 negligentiam
                 &
                 in
                 curiam
                 Ministror
                 regior
                 ibin
                 ,
                 
                   tam
                   major
                
                 ,
                 quam
                 minor
                 ,
                 hactenus
                 turbati
                 fuerint
                 multipliciter
                 &
                 gravati
                 :
                 Marchiaeque
                 terrae
                 ipsius
                 juxta
                 hostes
                 positae
                 ,
                 per
                 hostiles
                 invasiones
                 vastatae
                 ,
                 occisis
                 Marchionibus
                 ,
                 &
                 depraedatis
                 ,
                 &
                 eorum
                 habitationibus
                 enormiter
                 concrematis
                 ,
                 caeterisque
                 coactis
                 loca
                 propria
                 deserere
                 ,
                 quibusdam
                 videlicet
                 ad
                 hostes
                 ,
                 caeteris
                 ad
                 loca
                 extranea
                 fugientibus
                 .
                 Diversaeque
                 partes
                 dictar
                 .
                 Marchiar
                 .
                 taliter
                 desolatae
                 &
                 derelictae
                 ,
                 
                 per
                 hostes
                 eosdem
                 occupatae
                 :
                 nostraque
                 &
                 ejusdem
                 terrae
                 negotia
                 incongruè
                 &
                 inutiliter
                 ,
                 leges
                 &
                 approbatae
                 consuetudines
                 minus
                 debite
                 observatae
                 ,
                 populo
                 nro
                 bonis
                 &
                 rebus
                 suis
                 contra
                 justitiam
                 ,
                 legem
                 ,
                 &
                 formam
                 Statutor
                 inde
                 editor
                 .
                 diversimode
                 spoliat
                 .
                 paxque
                 nostra
                 laesa
                 &
                 minime
                 custodita
                 .
                 Ac
                 proditores
                 ,
                 Latrones
                 ,
                 &
                 Malefactores
                 ,
                 non
                 sicut
                 convenit
                 castigati
                 :
                 Quorum
                 malorum
                 aliorumque
                 occasione
                 ,
                 majora
                 damna
                 irreparabillia
                 ,
                 evenire
                 ,
                 quod
                 absit
                 ,
                 timentur
                 ,
                 nisi
                 praemissis
                 opportunis
                 
                   reme
                   diis
                   occurrat
                
                 .
                 Nos
                 desiderantes
                 utili
                 regimini
                 &
                 quieti
                 eorund
                 .
                 terrae
                 &
                 populi
                 providere
                 quae
                 
                   sequuntur
                   :
                   propterea
                   ,
                   deassensu
                   consili
                   nostri
                   ,
                
                 ordinanda
                 
                 duximus
                 ,
                 &
                 firmiter
                 observanda
                 .
                 In
                 prim
                 .
                 viz.
                 volumus
                 &
                 praecipimus
                 ,
                 quod
                 sancta
                 Hibernica
                 ecclesia
                 ,
                 suas
                 libertates
                 ,
                 liber
                 .
                 &
                 consuetudines
                 illaesas
                 habeat
                 ,
                 &
                 eis
                 liberè
                 gaudeat
                 &
                 utatur
                 .
                 Item
                 volumus
                 &
                 praecipimus
                 quod
                 nostra
                 ,
                 &
                 ipsius
                 terrae
                 negotia
                 &
                 ardua
                 ,
                 in
                 consiliis
                 ,
                 per
                 peritos
                 consiliarios
                 nostros
                 ,
                 ac
                 praelatos
                 &
                 magnates
                 &
                 quosdam
                 de
                 discretioribus
                 ,
                 &
                 probatioribus
                 hominibus
                 de
                 
                   Partibus
                   Vicinis
                
                 ,
                 ubi
                 ipsa
                 consilia
                 teneri
                 contigerit
                 ,
                 propter
                 hoe
                 evocandos
                 .
                 In
                 Parliamentis
                 vero
                 per
                 ipsos
                 Consiliarios
                 nros
                 ,
                 ac
                 Prelatos
                 &
                 Proceres
                 aliosque
                 de
                 terra
                 nostra
                 proutmos
                 ,
                 exigit
                 ,
                 secundum
                 justitiam
                 ,
                 legem
                 ,
                 consuetudinē
                 ,
                 &
                 rationem
                 ,
                 tractentur
                 ,
                 deducantur
                 ,
                 &
                 fideliter
                 ,
                 timore
                 favore
                 odio
                 aut
                 pretio
                 postpositis
                 ,
                 discutiantur
                 ,
                 &
                 etiam
                 terminentur
                 .
              
               
                 
                 Because
                 from
                 the
                 frequent
                 Relations
                 of
                 Persons
                 to
                 be
                 credited
                 ,
                 we
                 understand
                 that
                 our
                 Land
                 of
                 Ireland
                 ,
                 and
                 the
                 Irish
                 Church
                 ,
                 and
                 the
                 Clergy
                 ,
                 and
                 
                 
                   People
                   subject
                   to
                   us
                
                 ,
                 thro'
                 defect
                 of
                 good
                 Government
                 ,
                 and
                 by
                 the
                 negligence
                 and
                 carelesness
                 of
                 the
                 King's
                 Officers
                 there
                 ,
                 both
                 great
                 and
                 small
                 ,
                 has
                 hitherto
                 been
                 manifoldly
                 troubled
                 and
                 aggriev'd
                 ,
                 and
                 the
                 Marches
                 of
                 that
                 land
                 plac'd
                 against
                 the
                 Enemies
                 wasted
                 ,
                 the
                 Marches
                 being
                 kill'd
                 and
                 despoil'd
                 ,
                 &
                 their
                 Houses
                 enormously
                 burnt
                 ,
                 and
                 the
                 rest
                 being
                 forc'd
                 to
                 forsake
                 their
                 habitations
                 ,
                 some
                 flying
                 to
                 the
                 Enemies
                 ,
                 and
                 others
                 to
                 Foreign
                 Parts
                 .
                 And
                 divers
                 parts
                 of
                 the
                 said
                 Marches
                 so
                 desolated
                 and
                 forsaken
                 ,
                 have
                 been
                 possess'd
                 by
                 those
                 Enemies
                 ,
                 and
                 the
                 Affairs
                 of
                 us
                 and
                 that
                 Land
                 ,
                 are
                 incongruously
                 and
                 unprofitably
                 ,
                 and
                 the
                 Laws
                 and
                 approved
                 Customs
                 not
                 duly
                 observed
                 ;
                 our
                 People
                 being
                 in
                 divers
                 manners
                 spoil'd
                 of
                 their
                 Goods
                 and
                 things
                 ,
                 contrary
                 to
                 
                   Justice
                   ,
                   Law
                
                 ,
                 and
                 the
                 form
                 of
                 Statutes
                 in
                 those
                 cases
                 provided
                 :
                 And
                 our
                 Peace
                 is
                 broken
                 ,
                 and
                 not
                 in
                 the
                 least
                 kept
                 .
                 And
                 Traytors
                 ,
                 Robbers
                 ,
                 &
                 Malefactors
                 not
                 punish'd
                 as
                 they
                 ought
                 :
                 By
                 occasion
                 of
                 which
                 ,
                 and
                 other
                 Evils
                 ,
                 greater
                 irreparable
                 Damages
                 ,
                 which
                 ,
                 God
                 forbid
                 ,
                 are
                 feared
                 as
                 likely
                 to
                 happen
                 ,
                 unless
                 the
                 Premises
                 meet
                 with
                 opportune
                 Remedies
                 :
                 We
                 desiring
                 to
                 provide
                 for
                 the
                 convenient
                 Government
                 &
                 Quiet
                 of
                 that
                 
                   Land
                   ,
                   &
                   People
                
                 ;
                 therefore
                 we
                 by
                 the
                 
                   consent
                   of
                   our
                   Council
                
                 ,
                 have
                 thought
                 fit
                 to
                 provide
                 these
                 following
                 Particulars
                 to
                 be
                 ordain'd
                 ,
                 and
                 observ'd
                 :
                 In
                 the
                 first
                 place
                 ,
                 that
                 the
                 Holy
                 
                   Irish
                   Church
                
                 have
                 its
                 Liberties
                 ,
                 &
                 free
                 Customs
                 unhurt
                 ,
                 and
                 enjoy
                 &
                 usethem
                 freely
                 .
                 Also
                 ,
                 we
                 will
                 and
                 command
                 ,
                 That
                 the
                 Affairs
                 and
                 
                   Arduous
                   Matters
                
                 of
                 us
                 and
                 that
                 Land
                 ,
                 in
                 Councils
                 by
                 our
                 Learned
                 Counsellors
                 ,
                 and
                 Prelates
                 ,
                 and
                 great
                 Men
                 ,
                 and
                 some
                 of
                 the
                 more
                 Discreet
                 &
                 Honest
                 of
                 the
                 parts
                 neighbouring
                 upon
                 the
                 place
                 ,
                 where
                 those
                 Counsels
                 shall
                 happen
                 to
                 be
                 held
                 ,
                 
                   to
                   be
                   summoned
                   for
                   this
                   purpose
                
                 ;
                 But
                 in
                 the
                 Parliaments
                 by
                 those
                 our
                 Counsellours
                 and
                 Prelates
                 ,
                 Peers
                 ,
                 and
                 others
                 of
                 our
                 Land
                 ,
                 as
                 custom
                 requires
                 ,
                 be
                 according
                 to
                 Justice
                 ,
                 Law
                 ,
                 Custom
                 ,
                 and
                 Reason
                 ,
                 brought
                 ,
                 and
                 faithfully
                 ,
                 Fear
                 ,
                 Favour
                 ,
                 Hatred
                 or
                 Price
                 ,
                 being
                 disregarded
                 ,
                 discussed
                 ,
                 and
                 also
                 determined
                 .
              
            
          
        
         
         
           Then
           particular
           Provisions
           are
           made
           here
           ,
           notwithstanding
           the
           Allowance
           of
           Parliaments
           there
           :
           Among
           which
           ,
        
         
           
           1.
           
           That
           Men
           guilty
           of
           Broakage
           ,
           should
           be
           Punished
           by
           the
           Justice
           and
           Council
           of
           Ireland
           ,
           and
           fined
           ,
           and
           amoved
           from
           their
           Offices
           ;
           as
           should
           seem
           reasonable
           to
           the
           Justice
           and
           Counsel
           .
        
         
           2.
           
           That
           no
           Purveyance
           be
           taken
           contrary
           to
           the
           form
           of
           b
           Statutes
           and
           
             Articles
             ,
             made
          
           and
           published
           ,
           for
           the
           profit
           of
           his
           People
           ,
           in
           Parliaments
           ,
           and
           other
           
             great
             Councils
          
           .
           But
           if
           there
           be
           any
           force
           in
           Mr.
           M's
           way
           of
           Arguing
           ,
           the
           Statutes
           against
           Purveyors
           were
           not
           binding
           to
           Ireland
           till
           18.
           
           H.
           6.
           when
           't
           is
           Enacted
           ,
           
             
               By
               a
               Statute
               made
               in
            
             Ireland
             ,
             
               that
               all
               the
               Statutes
               made
               in
            
             England
             
               against
               the
            
             Extortions
             and
             Oppressions
             of
             
             Purveyers
             are
             to
             be
             holden
             and
             kept
             in
             all
             points
             ,
             and
             put
             in
             Execution
             in
             this
             
               Land
               of
               Ireland
            
             .
          
        
         
           3.
           
           It
           provides
           against
           Robberies
           ,
           and
           for
           Hue-and-Crys
           ,
           according
           to
           the
           Statute
           of
           Winchester
           .
        
         
           4.
           
           That
           no
           Pardon
           be
           pass'd
           but
           in
           Parliaments
           or
           Councils
           ,
           by
           the
           assent
           and
           counsel
           of
           the
           said
           Parliaments
           ,
           and
           Counsellors
           .
           And
           that
           there
           be
           no
           general
           Pardon
           :
           but
           that
           the
           Offences
           be
           specified
           and
           expressed
           *
           
             according
             to
             the
             tenor
             of
             a
             certain
             Statute
             ,
          
           by
           the
           King
           and
           his
           Council
           of
           England
           ,
           publish'd
           ,
           and
           sent
           to
           Ireland
           to
           be
           observed
           .
        
         
           5.
           
           The
           Charter
           ,
           taking
           Notice
           that
           
             false
             intelligence
          
           us'd
           to
           be
           sent
           from
           Ireland
           to
           England
           ,
           forbids
           it
           under
           b
           
             grievous
             Forfeiture
          
           ,
           declaring
           ,
           that
           if
           ,
           for
           the
           future
           ,
           the
           Prelates
           ,
           the
           
             great
             Men
             ,
             Commonalty
          
           ,
           or
           
             any
             other
          
           ,
           should
           misinform
           the
           
             King
             and
             his
             Council
          
           ,
           they
           should
           be
           duly
           Punished
           .
        
         
           6.
           
           Whereas
           they
           us'd
           to
           Exhibit
           against
           one
           another
           ,
           several
           scandalous
           and
           vexatious
           Libels
           and
           Bills
           ,
           it
           provides
           ,
           that
           they
           being
           reduced
           
           to
           Writing
           ,
           c
           be
           ,
           under
           the
           Seal
           of
           the
           Chancellor
           for
           the
           time
           being
           ,
           transmitted
           to
           the
           King's
           
             Justice
             ▪
             Chancellor
          
           ,
           and
           Treasurer
           of
           Ireland
           ,
           who
           are
           thereby
           impowered
           to
           do
           Justice
           :
           but
           this
           is
           by
           virtue
           
             of
             the
             great
             Seal
             of
          
           England
           .
        
         
           7.
           
           It
           Impowers
           the
           d
           Justice
           ,
           calling
           to
           him
           the
           Chancellor
           and
           Treasurer
           ,
           with
           some
           Prelates
           and
           Earls
           ,
           whom
           he
           shall
           know
           to
           be
           fit
           ,
           or
           that
           they
           ought
           to
           be
           summoned
           ,
           to
           determine
           the
           Differences
           between
           the
           English
           of
           Irish
           Extractions
           ,
           and
           which
           were
           or
           should
           afterwards
           be
           of
           English
           .
        
         
           8.
           
           It
           requires
           the
           Justice
           and
           his
           Associates
           ,
           when
           there
           was
           any
           e
           
             special
             Cause
          
           ,
           to
           certifie
           to
           the
           
             King
             &
             his
             Council
             of
             England
             ,
          
           the
           Names
           of
           all
           Persons
           guilty
           ,
           and
           their
           Offences
           .
        
         
           Since
           Mr.
           M.
           having
           ,
           as
           he
           fancied
           ,
           a
           
             clearly
             made
             it
             out
          
           ,
           that
           b
           for
           Ireland
           to
           be
           
             bound
             by
             Acts
             of
             Parliament
             of
             England
             ,
          
           is
           against
           
             several
             Charters
             of
             Liberties
             granted
             unto
             the
          
           
           
             Kingdom
             of
             Ireland
          
           ,
           thinks
           he
           had
           no
           need
           to
           add
           any
           other
           Authority
           
           than
           a
           piece
           of
           that
           Charter
           ,
           of
           the
           substance
           of
           which
           I
           have
           given
           an
           Account
           ,
           with
           all
           the
           distinguishing
           Expressions
           ;
           I
           might
           well
           enough
           close
           here
           ,
           and
           leave
           it
           to
           himself
           to
           consider
           ,
           whether
           when
           a
           Parliament
           is
           granted
           ,
           or
           allowed
           ,
           to
           the
           Land
           of
           Ireland
           ,
           in
           the
           fullest
           terms
           that
           ever
           it
           was
           in
           any
           King's
           Reign
           ,
           that
           can
           be
           shewn
           ;
           there
           was
           not
           at
           the
           same
           time
           a
           full
           exercice
           of
           the
           Power
           of
           the
           Crown
           and
           
             Kingdom
             of
          
           England
           ,
           in
           making
           Laws
           ,
           and
           requiring
           the
           Execution
           of
           others
           made
           in
           England
           ,
           without
           any
           desire
           or
           expectation
           of
           a
           Ratification
           there
           ?
        
         
           
             And
             whether
             even
             their
          
           Parliaments
           are
           not
           threatned
           ,
           if
           they
           send
           false
           intelligence
           to
           England
           ?
        
         
           For
           full
           proof
           that
           in
           this
           Ordinance
           ,
           the
           Authority
           of
           the
           Parliament
           of
           England
           was
           rete●●●d
           and
           asserted
           ,
           I
           must
           observe
           to
           Mr.
           M.
           that
           this
           Noble
           Charter
           to
           Ireland
           ,
           is
           but
           according
           to
           the
           usual
           Methods
           of
           Publishing
           Acts
           of
           Parliament
           ,
           put
           under
           the
           great
           Seal
           ,
           and
           thereby
           made
           a
           Patent
           or
           Charter
           :
           but
           't
           was
           an
           Ordinanc●
           ,
           
           a
           or
           
             Act
             ,
             of
             Parliament
          
           ,
           for
           the
           State
           of
           Ireland
           ,
           as
           may
           be
           seen
           by
           the
           Statute
           Roll.
           
        
         
           3.
           
           After
           this
           Statute
           mentioning
           
           Parliaments
           in
           Ireland
           ,
           the
           Parliament
           here
           exercised
           the
           same
           Authority
           in
           making
           Ordinances
           and
           Laws
           for
           Ireland
           ,
           and
           the
           
             King
             and
             his
             Council
          
           held
           Ireland
           to
           be
           bound
           by
           those
           Laws
           ,
           as
           part
           of
           the
           
             Realm
             of
          
           Eng
           land
           .
        
         
           A
           Statute
           made
           in
           the
           36
           th
           of
           that
           King
           provides
           ,
           that
           no
           Lord
           of
           England
           ,
           nor
           
             any
             other
             Person
             of
             the
             Realm
             ,
          
           except
           the
           King
           and
           Queen
           ,
           take
           purveyance
           on
           pain
           of
           Life
           and
           Member
           ;
           and
           takes
           from
           Mayors
           and
           Constables
           of
           Staples
           ,
           all
           Jurisdiction
           in
           Criminal
           Causes
           :
           but
           I
           do
           not
           find
           any
           mention
           of
           Ireland
           ,
           and
           yet
           that
           both
           King
           and
           Council
           judged
           ,
           that
           the
           publishing
           them
           in
           Ireland
           would
           avail
           as
           much
           as
           the
           publishing
           them
           in
           England
           ,
           appears
           by
           the
           Writ
           to
           the
           
           Sheriff
           of
           Essex
           and
           Hertfordshire
           ,
           requiring
           him
           to
           publish
           the
           Statutes
           and
           Ordinances
           then
           made
           by
           the
           King
           ,
           with
           the
           
             common
             assent
          
           of
           the
           
           
             Prelates
             ,
             great
             Men
          
           ,
           and
           Commonalty
           ,
           in
           his
           a
           
             full
             Parliament
          
           at
           Westminster
           ;
           and
           to
           return
           the
           Writ
           ,
           with
           an
           Account
           of
           the
           Execution
           of
           it
           to
           the
           King
           in
           his
           Chancery
           .
        
         
           b
           This
           Writ
           is
           tested
           by
           the
           King.
           
        
         
           And
           in
           c
           the
           same
           manner
           commands
           are
           sunt
           to
           the
           Justice
           of
           Ireland
           .
        
         
           But
           notwithstanding
           this
           Transmission
           to
           Ireland
           of
           Statutes
           made
           here
           ,
           one
           of
           which
           is
           about
           Purveyance
           ,
           which
           is
           at
           least
           the
           Second
           of
           this
           kind
           made
           to
           bind
           Ireland
           ,
           Mr.
           M.
           may
           if
           he
           pleases
           ,
           hold
           ,
           that
           this
           was
           not
           Law
           in
           Ireland
           ,
           till
           d
           18.
           
           H.
           6.
           
        
         
           But
           after
           all
           ,
           I
           would
           intreat
           the
           favour
           of
           Mr.
           M.
           to
           inform
           me
           ,
           whether
           ,
           according
           to
           himself
           ,
           such
           Acts
           of
           Parliament
           in
           Ireland
           ,
           were
           needful
           to
           Confirm
           Laws
           made
           here
           ;
           when
           ,
           if
           he
           puts
           a
           right
           construction
           upon
           the
           Record
           above
           cited
           ,
           *
           9
           E.
           1.
           and
           of
           the
           Record
           ,
           †
           50
           E.
           3.
           of
           a
           Writ
           from
           hence
           for
           the
           Expences
           of
           
             the
             Men
             of
          
           Ireland
           ,
           
           
             who
             last
             came
             over
             to
             serve
             in
             Parliament
             in
          
           England
           ;
           The
           Men
           of
           Ireland
           us'd
           to
           send
           their
           Representatives
           hither
           ,
           to
           the
           making
           the
           Laws
           by
           which
           they
           were
           to
           be
           bound
           :
           till
           𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁
           
             
               this
               sending
               of
               Representatives
               out
               of
            
             Ireland
             
               to
               the
               Parliaments
               of
            
             England
             ,
             
               was
               found
               in
               process
               of
               time
               to
               be
               very
               troublesome
               and
               inconvenient
               .
            
          
        
         
           But
           whatever
           Mr.
           M.
           may
           imagin
           in
           this
           matter
           ,
           that
           sort
           of
           representation
           of
           Ireland
           in
           the
           Parliaments
           of
           England
           ,
           was
           no
           more
           than
           they
           had
           in
           the
           time
           of
           H.
           3.
           and
           have
           't
           is
           likely
           generally
           had
           to
           this
           day
           ,
           of
           persons
           entrusted
           to
           sollicit
           the
           
           Affairs
           of
           Ireland
           ,
           upon
           their
           numerous
           Petitions
           to
           the
           King
           ,
           and
           his
           Council
           in
           Parliament
           ;
           for
           which
           Receivers
           and
           Triers
           used
           to
           be
           appointed
           ,
           or
           other
           matters
           of
           concern
           to
           them
           .
           But
           whether
           they
           were
           chosen
           by
           their
           *
           Parliaments
           ,
           when
           they
           had
           them
           ,
           or
           elsewhere
           ,
           their
           Expences
           ,
           as
           appears
           by
           the
           
           Record
           cited
           by
           Mr.
           M.
           were
           levied
           by
           Authority
           under
           the
           Great
           Seal
           of
           England
           .
        
         
         
           But
           I
           will
           shew
           a
           Record
           of
           the
           time
           of
           H.
           3.
           when
           I
           will
           agree
           ,
           that
           they
           had
           a
           
             Nuntii
             ,
             Messengers
          
           ,
           deputed
           ,
           as
           't
           is
           likely
           ,
           from
           a
           Parliament
           in
           Ireland
           .
        
         
           H.
           3.
           in
           his
           Writ
           ,
           or
           Letter
           ,
           to
           the
           Barons
           of
           Ireland
           ,
           takes
           notice
           ,
           
           that
           ,
           by
           the
           b
           
             advice
             of
             his
             People
          
           ,
           he
           had
           given
           a
           favourable
           answer
           to
           some
           of
           their
           requests
           ,
           made
           known
           by
           persons
           deputed
           from
           them
           .
           But
           because
           those
           persons
           alledged
           ,
           that
           their
           Instructions
           were
           to
           insist
           upon
           all
           the
           particulars
           of
           their
           Requests
           ;
           the
           King
           sends
           a
           Precept
           to
           the
           Justice
           of
           Ireland
           ,
           under
           the
           
             Great
             Seal
          
           of
           England
           ,
           requiring
           him
           ,
           as
           it
           seems
           ,
           to
           summon
           a
           Parliament
           ;
           for
           ,
           he
           was
           carefully
           to
           open
           the
           
           matters
           before
           the
           Barons
           of
           Ireland
           ,
           and
           to
           know
           what
           they
           would
           give
           for
           the
           Liberties
           they
           desired
           .
        
         
           
           The
           Justice
           had
           no
           Authority
           to
           have
           those
           Liberties
           setled
           in
           a
           Parliament
           there
           ,
           but
           was
           to
           signify
           their
           Answer
           to
           the
           King
           ;
           upon
           which
           the
           King
           would
           do
           what
           should
           be
           fitting
           ,
           without
           taking
           any
           Right
           from
           them
           .
        
         
         
           That
           this
           was
           to
           be
           done
           in
           Parliament
           here
           ,
           and
           that
           the
           Messengers
           from
           Ireland
           were
           no
           Members
           of
           that
           Council
           of
           the
           
             King's
             People
          
           which
           sent
           the
           Answer
           ,
           is
           beyond
           dispute
           ;
           nor
           is
           there
           colour
           to
           believe
           ,
           that
           any
           of
           their
           Deputies
           ,
           or
           Representatives
           ,
           had
           in
           any
           King's
           Reign
           more
           to
           do
           here
           ,
           than
           those
           of
           the
           time
           of
           H.
           3.
           had
           ..
        
         
           
           But
           surely
           no
           Man
           but
           Mr.
           M.
           will
           conclude
           ,
           that
           such
           Instances
           ,
           or
           the
           mention
           of
           the
           Consent
           ,
           or
           Petition
           of
           the
           Irish
           in
           some
           Particulars
           ,
           manifestly
           shew
           ,
           that
           
             the
             King
             and
             Parliament
             of
          
           England
           ,
           
             would
             not
             enact
             Laws
             to
             bind
          
           Ireland
           ,
           
             without
             the
             concurrence
             of
             the
             Representatives
             of
             that
             Kingdom
             .
          
        
         
           Since
           therefore
           I
           have
           proved
           to
           the
           contrary
           ,
           from
           H.
           2's
           first
           acquisition
           ,
           till
           towards
           the
           latter
           end
           of
           
           E.
           3.
           and
           Mr.
           M.
           declares
           ,
           that
           he
           will
           
             consider
             the
             more
             antient
             Precedents
             of
             English
             Statutes
             which
             particularly
             name
          
           Ireland
           ,
           and
           are
           
             therefore
             said
             to
             be
             of
             force
          
           in
           that
           Kingdom
           ;
           I
           might
           rest
           here
           ,
           did
           not
           Mr.
           
           M.
           take
           notice
           of
           the
           Statute
           of
           the
           
           Staple
           ,
           2
           H.
           6.
           and
           the
           Resolution
           of
           the
           Judges
           upon
           it
           ,
           1
           H.
           7.
           in
           such
           a
           manner
           as
           makes
           it
           requisite
           to
           be
           set
           in
           a
           truer
           Light.
           
        
         
           The
           Merchants
           of
           Waterford
           ,
           pursuant
           to
           the
           Licence
           granted
           them
           by
           E.
           3.
           and
           confirmed
           by
           E.
           4.
           had
           carried
           Wool
           ,
           contrary
           to
           the
           ordinary
           provision
           of
           the
           Statute
           2
           H.
           6.
           which
           being
           seized
           by
           the
           Treasurer
           of
           Cal●is
           as
           forfeited
           ,
           part
           to
           the
           King
           ,
           and
           part
           to
           himself
           as
           discoverer
           ;
           The
           Merchants
           by
           Bill
           in
           the
           Exchequer
           here
           ,
           pray
           restitution
           .
           'T
           is
           to
           be
           observed
           ,
           that
           the
           Act
           upon
           which
           the
           Wool
           was
           seized
           ,
           tho
           it
           creates
           a
           forfeiture
           of
           the
           value
           of
           Wool
           ,
           Butter
           ,
           Cheese
           ,
           and
           other
           staple
           Commodities
           ,
           carried
           from
           
             England
             ,
             Ireland
          
           ,
           and
           Wales
           ,
           to
           other
           parts
           than
           Calais
           ,
           and
           gives
           the
           Informer
           a
           4
           th
           of
           what
           shall
           be
           carried
           contrary
           to
           that
           Act
           ,
           from
           any
           County
           of
           the
           Realm
           ,
           makes
           no
           
           mention
           of
           Ireland
           as
           to
           the
           Informers
           share
           ;
           and
           therefore
           his
           Interest
           
           could
           bear
           no
           debate
           ,
           unless
           Ireland
           had
           been
           included
           ,
           and
           the
           Counties
           of
           Ireland
           were
           Counties
           ,
           within
           the
           Realm
           of
           England
           .
        
         
           
           But
           Mr.
           M.
           says
           ,
           the
           2
           d
           Question
           was
           ,
           
             Whether
             the
             King
             could
             grant
             his
             Licence
             contrary
             to
             the
             Statute
             ,
             and
             especially
             where
             the
             Statute
             gives
             half
             the
             Forfeiture
             to
             the
             Discoverer
             .
          
           But
           
           he
           might
           have
           observed
           ,
           that
           the
           Statute
           has
           an
           express
           
             saving
             of
             the
             King's
             Prerogative
          
           ,
           which
           goes
           thrô
           the
           whole
           ,
           and
           certainly
           related
           to
           the
           King
           's
           granting
           Licences
           to
           the
           contrary
           in
           some
           particular
           Cases
           :
           Notwithstanding
           which
           ,
           't
           was
           the
           opinion
           of
           the
           Parliament
           the
           next
           year
           ,
           that
           this
           saving
           was
           not
           sufficient
           :
           and
           therefore
           the
           King
           ,
           at
           the
           
           
             grievous
             complaint
             of
             the
             Commons
          
           ,
           impowers
           the
           Chancellor
           of
           England
           to
           give
           Licences
           for
           Butter
           and
           Cheese
           ,
           at
           his
           discretion
           .
        
         
           As
           to
           the
           question
           ,
           Whether
           Ireland
           was
           bound
           by
           the
           Stat.
           2
           H.
           6.
           
           Mr.
           M.
           pretends
           to
           transcribe
           verbatim
           ,
           
           what
           relates
           to
           it
           in
           the
           Year-Book
           ,
           2
           R.
           3.
           
           The
           matter
           ,
           as
           he
           observes
           ,
           was
           
           brought
           
             before
             all
             the
             Judges
          
           of
           England
           in
           the
           
             Exchequer
             Chamber
          
           ;
           but
           after
           
             [
             ibi
          
           ]
           he
           omits
           the
           word
           
             [
             dicebatur
          
           ]
           
           it
           was
           said
           ,
           not
           
             per
             curiam
          
           ,
           but
           at
           the
           most
           only
           by
           some
           Judg
           or
           Judges
           ;
           and
           might
           have
           been
           only
           by
           one
           of
           the
           Counsel
           for
           the
           Merchants
           .
           Whoever
           then
           held
           that
           Ireland
           was
           not
           bound
           by
           that
           Act
           ,
           might
           have
           spoken
           it
           in
           relation
           to
           the
           Informer
           ,
           who
           could
           claim
           no
           share
           of
           any
           Forfeiture
           incur'd
           from
           Ireland
           ,
           unles
           the
           Counties
           of
           Ireland
           ,
           were
           taken
           to
           be
           Counties
           within
           the
           Realm
           of
           England
           :
           But
           even
           as
           to
           this
           matter
           they
           were
           soon
           convinced
           of
           their
           mistake
           ,
           in
           thinking
           Ireland
           was
           not
           bound
           by
           that
           Statute
           .
        
         
           Mr.
           M.
           might
           have
           learn'd
           from
           the
           Year-Book
           ,
           1
           H.
           7.
           that
           this
           was
           so
           far
           from
           the
           resolution
           of
           the
           Court
           2
           R.
           3.
           that
           there
           was
           no
           Judgment
           ,
           but
           the
           Bill
           fell
           upon
           the
           
           demise
           of
           that
           King
           ;
           which
           till
           the
           Statute
           1
           E.
           6.
           was
           a
           discontinuance
           of
           all
           real
           ,
           personal
           ,
           and
           mix'd
           Actions
           commenced
           in
           Majesty's
           
           Courts
           ,
           and
           
             other
             Courts
             of
             Record
          
           .
           
           And
           therefore
           1
           H.
           7.
           the
           Suit
           was
           begun
           again
           ,
           as
           if
           commenced
           
           in
           that
           King's
           Reign
           ;
           and
           then
           the
           question
           coming
           before
           all
           the
           Judges
           in
           the
           
             Exchequer
             Chamber
             ,
             Hussey
          
           the
           Chief-Justice
           ,
           delivering
           the
           Judgment
           of
           the
           Court
           ,
           declared
           ,
           with
           the
           assent
           of
           the
           rest
           of
           the
           Judges
           ,
           that
           Ireland
           was
           bound
           by
           that
           Act
           ,
           and
           I
           leave
           to
           Mr.
           M.
           to
           make
           it
           out
           ,
           that
           this
           was
           directly
           
           
             contrary
             to
             the
             Judges
          
           opinion
           in
           the
           2
           d
           of
           R.
           3.
           or
           that
           they
           were
           
             all
             positive
             ,
             that
             within
             the
             Land
             of
          
           Ireland
           ,
           
             the
             Authority
             of
             the
             Parliament
             of
          
           England
           
             will
             not
             affect
             them
          
           .
        
         
           If
           there
           had
           been
           any
           such
           opinion
           ,
           't
           was
           not
           delivered
           as
           the
           Judgment
           of
           the
           Court
           ;
           and
           however
           ,
           the
           Resolution
           1
           H.
           7.
           has
           setled
           the
           Point
           another
           way
           .
        
         
           This
           Case
           is
           abridg'd
           ,
           and
           the
           Resolution
           receiv'd
           for
           Law
           by
           Brook
           ,
           a
           Learned
           Judg
           in
           the
           Reign
           of
           H.
           8.
           without
           any
           query
           ,
           which
           is
           usual
           
           where
           he
           doubted
           :
           his
           
             tamen
             nota
          
           ,
           that
           
             Ireland
             is
             a
             Kingdom
             by
             it self
             ,
          
           and
           
           has
           Parliaments
           of
           its
           own
           ,
           implies
           no
           more
           than
           that
           this
           ,
           tho
           objected
           2
           R.
           3.
           was
           of
           no
           weight
           to
           alter
           that
           judgment
           ;
           and
           is
           as
           much
           as
           to
           say
           ,
           a
           Kingdom
           may
           be
           distinct
           from
           the
           Crown
           of
           a
           Kingdom
           to
           which
           it
           is
           annexed
           ,
           and
           have
           Parliaments
           at
           home
           ;
           and
           yet
           be
           govern'd
           by
           the
           
             Statute
             Laws
          
           of
           that
           other
           Kingdom
           as
           subordinate
           to
           it
           .
           And
           tho
           the
           naming
           that
           subordinate
           Kingdom
           in
           an
           Act
           of
           Parliament
           here
           ,
           or
           the
           otherwise
           
           manifesting
           an
           intention
           to
           bind
           it
           ,
           is
           
             no
             step
             towards
             obtaining
          
           a
           Parliamentary
           consent
           in
           Ireland
           ;
           yet
           't
           is
           towards
           the
           submission
           and
           acquiescence
           of
           the
           People
           to
           those
           Laws
           ,
           by
           which
           they
           and
           their
           Forefathers
           had
           consented
           to
           be
           governed
           .
        
         
           
             I
             may
             now
             leave
             it
             to
             Mr.
          
           M.
           
             to
             answer
             his
             own
             Questions
          
           ,
           Shall
           Ireland
           
           receive
           Charters
           of
           Liberties
           ,
           and
           be
           no
           partakers
           of
           the
           freedoms
           therein
           contained
           ?
           or
           do
           these
           words
           signify
           in
           England
           one
           thing
           ,
           and
           in
           Ireland
           no
           such
           thing
           ?
        
         
           Nor
           need
           I
           much
           fear
           his
           terrible
           Expostulation
           ,
           
             Whether
             it
             be
             not
             against
          
           
           
             natural
             Equity
             and
             Reason
             ,
             that
             a
             Kingdom
             regulated
             within
             it self
             ,
          
           
           
             and
             having
             its
             own
             Parliaments
             ,
             should
             be
             bound
             ,
             without
             their
             consent
             ,
             by
             the
             Parliament
             of
             another
             Kingdom
             ?
          
           But
           I
           should
           hope
           that
           he
           will
           admit
           it
           to
           be
           against
           
             natural
             Reason
          
           ,
           to
           go
           away
           with
           a
           Conclusion
           ,
           without
           some
           colour
           of
           proving
           the
           Premises
           ;
           and
           therefore
           before
           he
           had
           laid
           it
           home
           a
           to
           English
           hearts
           to
           consider
           ,
           
             Whether
             Proceedings
             only
             of
             thirty
             seven
             years
             standing
             ,
             shall
             be
             urged
             against
             a
             Nation
             ,
             to
             deprive
             them
             of
             the
             Rights
             and
             Liberties
             which
             they
             enjoyed
             for
             five
             hundred
             years
             before
          
           ;
           He
           would
           have
           done
           well
           to
           have
           proved
           ,
           that
           any
           one
           Century
           ,
           or
           much
           less
           number
           of
           years
           ,
           for
           these
           five
           hundred
           years
           &
           more
           ,
           Ireland
           was
           ever
           ,
           according
           to
           the
           terms
           of
           his
           own
           Question
           ,
           
             regulated
             within
             it self
          
           ;
           or
           ,
           that
           't
           is
           a
           Kingdom
           of
           more
           than
           b
           one
           hundred
           and
           sixty
           years
           standing
           .
        
         
           But
           it
           seems
           just
           *
           
             thirty
             seven
             years
             since
          
           ,
           and
           never
           before
           ,
           the
           Rights
           and
           Liberties
           which
           they
           had
           quietly
           enjoyed
           till
           then
           ,
           were
           invaded
           ,
           and
           
             from
             that
             day
             to
             this
             have
             been
             constantly
             complained
             of
             .
          
           'T
           is
           not
           to
           be
           
           expected
           ,
           that
           a
           man
           who
           remembers
           so
           little
           of
           those
           many
           Acts
           of
           Parliament
           made
           in
           Ireland
           ,
           which
           might
           have
           moderated
           his
           assurance
           in
           this
           matter
           ,
           should
           keep
           in
           memory
           even
           his
           own
           concessions
           to
           the
           contrary
           ;
           as
           where
           he
           grants
           ,
           that
           the
           Parliaments
           of
           England
           did
           at
           
           least
           claim
           a
           superiority
           ,
           before
           the
           10
           th
           of
           H.
           4.
           and
           29
           H.
           6.
           
        
         
           
           
             But
             then
             he
             says
          
           ,
           We
           have
           not
           one
           single
           Instance
           of
           an
           English
           Act
           of
           Parliament
           ▪
           expresly
           claiming
           this
           right
           of
           binding
           us
           ;
           but
           we
           have
           several
           Instances
           of
           Irish
           Acts
           of
           Parliament
           expresly
           denying
           this
           Subordination
           .
        
         
           Answ
           .
           1.
           
           As
           to
           the
           express
           claiming
           an
           Authority
           to
           do
           what
           is
           done
           ,
           by
           virtue
           of
           an
           Authority
           always
           suppos'd
           ;
           that
           's
           so
           far
           from
           an
           Argument
           against
           it
           ,
           that
           it
           shews
           't
           was
           never
           call'd
           in
           question
           .
        
         
           2.
           
           No
           Act
           of
           Parliament
           ,
           even
           in
           Ireland
           ,
           can
           be
           shewn
           or
           pretended
           ,
           denying
           the
           Subordination
           ;
           not
           but
           that
           there
           might
           be
           some
           question
           of
           the
           general
           binding
           ,
           for
           want
           of
           due
           
           publication
           ,
           either
           under
           the
           Great
           Seal
           of
           England
           ;
           or
           of
           otherwise
           knowing
           the
           Intention
           of
           the
           Parliament
           of
           England
           :
           This
           ,
           not
           the
           
           Authority
           ,
           was
           the
           Ambiguity
           mentioned
           in
           the
           Statute
           of
           Ireland
           ,
           8
           E.
           4.
           in
           relation
           to
           a
           Statute
           6
           R.
           2.
           which
           ,
           without
           naming
           Ireland
           ,
           alters
           a
           Law
           that
           did
           name
           it
           .
        
         
           3.
           
           If
           there
           were
           such
           Act
           of
           Parliament
           in
           Ireland
           ,
           13
           E.
           2.
           as
           't
           is
           
           supposed
           that
           a
           certain
           Judg
           in
           Ireland
           had
           seen
           ,
           and
           that
           we
           might
           rely
           upon
           his
           Judgment
           in
           the
           sense
           of
           it
           ;
           receiving
           some
           Laws
           before
           that
           time
           made
           in
           England
           ,
           and
           suspending
           the
           execution
           of
           others
           ;
           what
           I
           have
           shewn
           above
           from
           undoubted
           Records
           ,
           may
           be
           enough
           to
           shew
           ,
           that
           this
           would
           not
           in
           the
           least
           weaken
           the
           Right
           of
           the
           Parliament
           of
           England
           ,
           exercised
           before
           and
           after
           that
           time
           :
           And
           if
           there
           were
           another
           Statute
           ,
           10
           H.
           4.
           that
           no
           Laws
           should
           be
           of
           force
           ,
           unless
           they
           were
           allow'd
           and
           published
           by
           a
           Parliament
           in
           Ireland
           :
           This
           ,
           tho
           't
           is
           a
           strain
           farther
           than
           't
           is
           likely
           any
           Parliament
           of
           Ireland
           ever
           yet
           went
           ,
           
           would
           not
           necessarily
           infer
           any
           more
           ,
           than
           that
           the
           Laws
           made
           in
           England
           should
           be
           thus
           published
           ,
           to
           the
           end
           they
           might
           be
           more
           generally
           known
           ;
           not
           but
           that
           the
           intention
           of
           the
           Parliament
           of
           England
           ,
           made
           known
           under
           the
           great
           Seal
           of
           England
           ,
           was
           as
           much
           to
           be
           obeyed
           as
           their
           own
           Record
           
           shews
           that
           't
           was
           29.
           
           E.
           1.
           
        
         
           The
           Authorities
           above
           ▪
           cited
           having
           manifested
           the
           several
           Titles
           which
           the
           Crown
           and
           Kingdom
           of
           England
           have
           to
           the
           Land
           of
           Ireland
           ;
           and
           that
           from
           the
           18
           th
           .
           of
           
           H.
           2.
           at
           the
           latest
           ,
           downwards
           as
           far
           as
           Mr.
           M.
           makes
           any
           controversie
           ,
           neither
           the
           
             Irish
             Nation
          
           ,
           nor
           the
           English
           there
           ,
           have
           been
           govern'd
           without
           the
           interposition
           of
           the
           
             Parliament
             of
             England
          
           ;
           and
           that
           the
           Parliament
           of
           Ireland
           had
           all
           its
           Laws
           made
           here
           ,
           or
           derived
           under
           Authority
           from
           hence
           ,
           and
           that
           not
           from
           the
           
             King
             's
             alone
          
           ,
           or
           the
           Kings
           and
           
             their
             Pri●y
             Counsels
             ▪
          
           but
           their
           Parliament
           ;
           that
           the
           Parliaments
           of
           Ireland
           have
           had
           no
           Provision
           for
           their
           being
           holden
           
           within
           any
           certain
           time
           ,
           nor
           ever
           had
           Authority
           given
           them
           to
           act
           as
           
             independent
             on
             the
             Parliament
             of
             England
          
           ;
           I
           may
           well
           conclude
           ,
           that
           the
           right
           of
           the
           Parliament
           of
           England
           to
           bind
           Ireland
           by
           Laws
           made
           here
           ,
           without
           any
           Members
           chosen
           for
           Ireland
           ,
           is
           so
           far
           from
           being
           departed
           from
           ,
           that
           't
           is
           strengthened
           and
           confirmed
           by
           the
           
             continual
             usage
          
           of
           the
           Parliaments
           of
           England
           ,
           and
           submission
           of
           the
           
             Parliaments
             and
             People
             of
             Ireland
          
           :
           to
           which
           't
           will
           be
           needless
           to
           add
           the
           consideration
           of
           the
           
             inestimable
             Treasure
          
           spent
           in
           several
           Ages
           ,
           for
           maintaining
           the
           
             English
             Interest
          
           there
           ;
           and
           the
           late
           freeing
           it
           from
           an
           
             Universal
             Insurrection
          
           ,
           and
           Usurpation
           .
        
         
           
           4.
           
           Having
           us'd
           the
           proper
           means
           to
           convince
           Mr.
           M.
           by
           the
           true
           
             argumentum
             ad
             hominem
          
           ,
           shewing
           that
           the
           chief
           Weapons
           which
           he
           uses
           turn
           strongly
           against
           himself
           ;
           I
           need
           the
           less
           apprehend
           the
           natural
           force
           of
           his
           reasoning
           upon
           dry
           Notions
           .
        
         
         
           
             The
             right
             says
             he
             ,
             which
          
           England
           
           
             may
             pretend
             to
          
           for
           binding
           us
           by
           their
           Acts
           of
           Parliament
           ,
           can
           be
           founded
           only
           on
           the
           imaginary
           Title
           of
           Conquest
           ,
           or
           Purchase
           ,
           or
           on
           Precedents
           and
           Matters
           of
           Record
           .
        
         
           Wherein
           he
           admits
           ,
           that
           
             Precedents
             and
             Matters
             of
             Record
          
           ,
           may
           give
           a
           Right
           ,
           which
           is
           neither
           by
           Conquest
           nor
           Purchase
           :
           and
           of
           this
           the
           Authors
           he
           refers
           to
           might
           satisfie
           him
           at
           large
           .
           I
           'll
           agree
           with
           him
           ,
           that
           
             on
             consent
             depends
          
           
           
             the
             obligation
             of
             all
             humane
             Laws
             :
             insomuch
             that
             without
             it
             ,
             by
             the
             unanimous
             Opinions
             of
             all
             Jurists
             no
             sanctions
             are
             of
             any
             force
             .
          
        
         
           But
           do
           any
           of
           them
           say
           that
           the
           consent
           is
           necessary
           to
           be
           exprest
           ,
           and
           that
           immediate
           ?
           if
           it
           were
           the
           Sons
           could
           not
           be
           bound
           by
           those
           Laws
           which
           their
           Fathers
           chose
           ,
           in
           restriction
           of
           
             natural
             liberty
          
           ;
           and
           
           he
           might
           have
           observ'd
           ,
           by
           his
           own
           Authors
           ,
           and
           even
           in
           the
           Words
           cited
           by
           himself
           ,
           that
           
             approbation
             ,
             not
             only
          
           Men
           
             give
             ,
             who
             personally
             declare
             their
             assent
             ,
             by
             Voice
             ,
             Sign
             ,
             or
             act
             ;
             but
             also
             when
             others
             do
             it
             in
          
           
           
             their
             names
             ,
             by
             right
             originally
             at
             least
             derived
             from
             them
             ,
             as
             in
             Parliaments
             ,
             Councils
             ,
          
           &c.
           
        
         
           
           
             To
             be
             commanded
             we
             do
             consent
             ,
             when
             that
             Society
             whereof
             we
             are
             part
             ,
             hath
             at
             any
             time
             before
             consented
             .
          
           Farther
           yet
           ,
           whatever
           Freedoms
           the
           Progeny
           of
           the
           English
           and
           Britains
           now
           in
           Ireland
           claim
           with
           the
           
             natural
             Born
             Subjects
             of
          
           England
           ,
           
             as
             being
             descended
             from
             them
          
           ;
           't
           is
           certain
           ,
           every
           Man
           here
           does
           not
           ,
           as
           an
           English-man
           ,
           claim
           to
           be
           a
           
             Member
             of
             Parliament
          
           ,
           or
           to
           have
           a
           Voice
           in
           chusing
           one
           :
           But
           there
           are
           many
           without
           this
           Privilege
           ,
           who
           have
           been
           concluded
           by
           the
           
             consent
             of
             their
             Forefathers
          
           ,
           and
           their
           own
           ▪
           agreeing
           to
           stay
           within
           a
           Kingdom
           govern'd
           by
           such
           Laws
           ,
           to
           which
           they
           owe
           Obedience
           and
           Submission
           ,
           at
           least
           as
           long
           as
           they
           will
           receive
           the
           benefit
           of
           them
           ,
           and
           the
           protection
           which
           they
           assure
           .
        
         
           This
           is
           the
           case
           of
           those
           Englishmen
           ,
           who
           chuse
           to
           live
           in
           Ireland
           ,
           under
           the
           
             Protection
             of
             England
          
           ;
           without
           which
           the
           Protestants
           
           there
           could
           not
           have
           subsisted
           ,
           in
           any
           Age
           since
           the
           Reformation
           :
           and
           if
           the
           
             Irish
             Natives
          
           are
           not
           conquer'd
           ,
           or
           the
           Right
           of
           Conquest
           over
           them
           ,
           ought
           not
           to
           be
           carryed
           beyond
           the
           reparation
           of
           the
           Damages
           
           sustained
           from
           them
           ;
           or
           if
           a
           
             just
             conquest
             gets
             no
             power
             ,
             but
             only
             
             over
             those
             who
             have
             actually
             assisted
             in
             that
             unjust
             force
          
           ;
           and
           if
           the
           right
           of
           conquest
           
             extends
             little
             f●rther
          
           ,
           
           
             than
             over
             the
             Lives
             of
             the
             Conquer'd
             ,
             but
             their
             posterity
             can
             lose
             no
             benefit
             thereby
             :
          
           If
           an
           outragious
           and
           Brutal
           Enemy
           ,
           may
           not
           be
           restrain'd
           from
           doing
           farther
           mischief
           ,
           by
           the
           taking
           from
           him
           that
           Power
           and
           Estate
           which
           would
           enable
           him
           to
           carry
           on
           his
           Designs
           ;
           if
           the
           posterity
           may
           not
           suffer
           in
           the
           consequence
           of
           this
           ,
           as
           the
           aggressor's
           property
           is
           become
           the
           Conqueror's
           ;
           if
           the
           Children
           may
           not
           be
           restrain'd
           from
           revenging
           their
           Father's
           Quarrel
           ;
           let
           the
           English
           in
           Ireland
           look
           to
           it
           ,
           how
           to
           ju●●ifie
           those
           Possessions
           which
           they
           enjoy
           ,
           by
           the
           help
           of
           the
           Crown
           and
           Kingdom
           of
           England
           :
           
           and
           if
           their
           Consciences
           are
           squeamish
           ,
           let
           them
           renounce
           their
           Right
           to
           the
           Lands
           of
           the
           Natives
           ▪
           but
           let
           them
           not
           bring
           in
           to
           question
           the
           Right
           of
           Engl.
           to
           all
           Foreign
           Plantations
           :
           and
           let
           them
           never
           fear
           that
           equal
           Power
           here
           ,
           to
           which
           a
           great
           part
           of
           the
           
             English
             Nation
          
           are
           resigned
           ,
           without
           any
           other
           kind
           of
           consent
           ,
           than
           the
           People
           of
           Ireland
           have
           given
           ,
           to
           the
           Laws
           made
           in
           England
           ,
           with
           intention
           to
           bind
           them
           ,
           and
           be
           published
           there
           .
        
         
           As
           to
           his
           notion
           of
           Purchase
           ;
           
           whenever
           Ireland
           will
           repay
           the
           value
           of
           the
           Purchase
           ,
           that
           inestimable
           and
           infinite
           expence
           of
           
             Men
             ,
             Money
             ,
             Victuals
          
           ,
           and
           Arms
           ,
           which
           their
           own
           Parliaments
           own
           to
           have
           
           protected
           and
           supported
           them
           for
           several
           Ages
           ;
           there
           's
           no
           great
           question
           but
           England
           would
           be
           willing
           to
           leave
           'em
           to
           their
           own
           ways
           .
        
         
           Whereas
           he
           will
           suppose
           ,
           that
           the
           Authority
           ,
           which
           the
           Lords
           and
           Commons
           of
           England
           have
           exercised
           from
           Age
           to
           Age
           ,
           in
           relation
           
           to
           Ireland
           ,
           would
           imply
           that
           the
           Parliament
           of
           England
           have
           
           claim'd
           
             a
             coordinate
             Power
             with
             the
             King
          
           ;
           what
           is
           this
           but
           to
           argue
           ,
           that
           in
           relation
           to
           England
           the
           Parliament
           is
           coordinate
           ?
           however
           ,
           as
           by
           Parliament
           he
           means
           only
           the
           States
           of
           the
           Kingdom
           ;
           't
           is
           evident
           this
           insinuation
           proceeds
           from
           his
           not
           observing
           the
           
             Gothick
             constitution
          
           ,
           for
           which
           he
           would
           be
           thought
           very
           zealous
           ▪
           but
           might
           have
           known
           ,
           that
           the
           
             States
             of
             the
             Kingdom
          
           ,
           or
           the
           
             ordines
             regni
          
           ,
           are
           those
           who
           are
           entituled
           to
           meet
           the
           King
           in
           Person
           ,
           or
           by
           representation
           ,
           in
           
             his
             Parliaments
          
           ;
           where
           
             the
             King
             is
             a
             distinct
             Body
             Politick
          
           by
           himself
           :
           and
           ,
           having
           the
           Supremacy
           ,
           is
           manifestly
           above
           the
           
             ordines
             regni
          
           .
        
         
           But
           tho'
           the
           Head
           which
           Mr.
           M.
           raises
           ,
           about
           the
           suppos'd
           injury
           to
           Prerogative
           ,
           be
           only
           upon
           a
           pretended
           
             coordinate
             Power
          
           with
           the
           King
           ,
           he
           carries
           it
           farther
           :
           and
           will
           have
           it
           ,
           that
           for
           the
           
             States
             of
          
           
           
             this
             Realm
          
           to
           use
           an
           Authority
           ,
           tho'
           subordinate
           to
           the
           King
           ,
           to
           introduce
           
           
             new
             Laws
             ,
             or
             repeal
             old
             ,
             establish'd
             in
             Ireland
             ,
          
           is
           a
           violation
           of
           the
           
             Const●tution
             of
             Ireland
          
           under
           
             Boyning's
             Act
          
           ,
           and
           of
           the
           
             Prerogative
             of
             the
             Crown
             of
             England
          
           ;
           which
           he
           supposes
           to
           have
           been
           highly
           advanced
           by
           that
           Statute
           speaking
           of
           the
           effect
           of
           which
           he
           says
           ,
        
         
           
             The
             King's
             Prerogative
             is
             advanced
             to
             a
             much
             higher
             pitch
             than
             ever
             was
             challeng'd
             by
             the
             
               King
               's
               in
               England
            
             ,
             and
             the
             Parliament
             of
             Ireland
             stands
             almost
             
               in
               the
               same
               bottom
               as
               the
               King
               does
               in
            
             England
             :
             
               I
               say
               ;
               almost
               on
               the
               same
               b●ttom
            
             ;
             for
             the
             
               Irish
               Parliament
            
             have
             not
             only
             a
             Negative
             (
             as
             the
             King
             has
             in
             England
             )
             to
             wha●ever
             Laws
             the
             King
             and
             his
             
               Pri●y
               Councils
            
             of
             both
             ,
             or
             either
             Kingdom
             ,
             shall
             lay
             before
             them
             ;
             but
             have
             also
             a
             liberty
             of
             proposing
             to
             the
             King
             and
             his
             
               Privy
               Council
            
             here
             ,
             such
             Laws
             as
             the
             Parliament
             of
             Ireland
             think
             expedient
             to
             be
             pass'd
             :
             which
             Laws
             being
             thus
             proposed
             to
             the
             King
             ,
             and
             put
             into
             form
             ,
             and
             transmitted
             to
             the
             Parliament
             
             here
             of
             Ireland
             ,
             according
             to
             
               Poyning's
               Act
            
             must
             be
             pass'd
             or
             rejected
             in
             the
             very
             words
             ,
             even
             to
             a
             little
             ,
             as
             they
             are
             laid
             before
             our
             Parliament
             ;
             we
             cannot
             alter
             the
             least
             Iota
             .
          
        
         
           In
           this
           Narrative
           of
           their
           Constitution
           under
           that
           Law
           ,
           he
           has
           
           omitted
           the
           mentioning
           what
           is
           very
           material
           ,
           that
           the
           Kings
           answer
           to
           what
           they
           propo●e
           ,
           is
           to
           be
           transmitted
           
             under
             the
             great
             ●eal
             of
             England
             ,
          
           and
           this
           is
           to
           be
           the
           
             Licence
             and
             Authority
          
           for
           the
           holding
           a
           Parliament
           in
           Ireland
           ;
           and
           therefore
           their
           Acts
           of
           Parliament
           since
           that
           settlement
           ,
           mention
           their
           being
           held
           
             by
             Authority
             under
             the
             Great
             Seal
             of
          
           England
           .
        
         
           
             And
             there
             were
             two
             obvious
             ends
             and
             effects
             of
             this
             Law
             ,
             as
             Mr.
          
           M.
           
             himself
             owns
             ,
             1.
          
           
           
             The
             prevent●on
             of
             any
             thing
             passing
             in
             the
             Parliament
             of
             Ireland
             surreptitiously
             ,
             
             to
             the
             prejudice
             of
             the
             King
             or
             the
             English
             Interest
             of
             Ireland
             :
          
           
             to
             which
             I
             must
             add
          
           ,
           or
           of
           England
           .
        
         
         
           2.
           
           To
           take
           from
           the
           Irish
           there
           ,
           all
           colour
           of
           pretence
           of
           holding
           Parliaments
           as
           an
           
             independent
             Kingdom
          
           by
           virtue
           of
           any
           Authority
           
             within
             that
             Land.
          
           
        
         
           But
           how
           the
           King's
           
             Prerogative
             in
             the
             Legislature
          
           was
           advanced
           by
           this
           I
           do
           not
           understand
           :
           since
           long
           before
           ,
           as
           well
           as
           notwithstanding
           this
           supposed
           Constitntion
           of
           an
           
             Independent
             Parliament
          
           ,
           held
           by
           
             Authority
             from
             the
             Great
             Seal
             of
          
           England
           ;
           the
           King
           had
           ,
           and
           has
           ,
           the
           Prerogative
           ,
           not
           only
           to
           dissolve
           the
           
             Irish
             Parliaments
          
           at
           his
           Pleasure
           ;
           but
           never
           to
           call
           any
           :
           which
           this
           Gentleman
           ought
           to
           fear
           ,
           least
           such
           a
           claim
           as
           he
           makes
           might
           occasion
           :
           and
           I
           would
           gladly
           know
           ,
           what
           part
           of
           
             their
             Constitution
          
           provides
           for
           the
           
             frequent
             holding
             of
             Parliaments
             in
          
           Ireland
           :
           yet
           frequency
           of
           Parliaments
           in
           England
           ,
           is
           an
           undoubted
           part
           of
           the
           
             Fundamental
             Constitution
          
           of
           the
           
             English
             Monarchy
          
           .
        
         
           Farther
           ,
           is
           it
           any
           advance
           to
           the
           
             Prerogative
             in
             the
             Legislature
          
           ,
           that
           a
           Prince
           who
           has
           the
           full
           exercise
           of
           
           an
           
             absolute
             Legislature
             at
             home
          
           ,
           is
           only
           possessed
           of
           a
           Provision
           against
           having
           any
           attempt
           made
           ,
           to
           the
           lessening
           that
           his
           settled
           and
           
             indubitable
             Prerogative
          
           ?
        
         
           I
           must
           needs
           say
           this
           Gentleman
           has
           a
           way
           of
           arguing
           beyond
           my
           apprehension
           ▪
           for
           I
           cannot
           see
           the
           consequence
           ,
           how
           the
           Prerogative
           should
           be
           advanced
           ,
           if
           ,
           as
           he
           will
           have
           it
           ,
           the
           
             Irish
             Parliament
             is
             put
             almost
             on
             the
             same
             bottom
             ,
          
           as
           that
           the
           
             King
             stands
          
           on
           in
           England
           :
           if
           it
           be
           so
           ,
           I
           should
           think
           it
           a
           lessening
           of
           the
           Prerogative
           ,
           to
           have
           an
           
             Irish
             Parliament
          
           almost
           coordinate
           with
           him
           :
           which
           Mr.
           M.
           is
           very
           fearful
           least
           an
           
             English
             Parliament
          
           should
           pretend
           to
           .
        
         
           And
           I
           as
           little
           understand
           the
           reason
           he
           gives
           ,
           why
           the
           Parliament
           of
           
             Ireland
             stands
             almost
             upon
             the
             same
             bottom
             with
             the
             King
             ;
             for
          
           says
           he
           ,
           they
           have
           not
           only
           a
           
             Negative
             Vote
          
           as
           the
           King
           has
           in
           England
           ,
           but
           liberty
           to
           propose
           ;
           yet
           the
           Laws
           must
           be
           pass'd
           or
           rejected
           without
           alteration
           :
           This
           I
           take
           to
           be
           Foreign
           to
           the
           
             bottom
             on
          
           
           which
           ,
           either
           the
           King
           or
           that
           
             Parliament
             ,
             stands
          
           .
           If
           it
           be
           meant
           that
           they
           are
           ,
           in
           a
           manner
           ,
           as
           absolute
           in
           this
           negative
           and
           
             liberty
             of
             purposing
          
           ,
           as
           the
           King
           is
           in
           England
           :
           since
           it
           relates
           only
           to
           Law
           ▪
           first
           desired
           from
           Ireland
           ,
           either
           by
           the
           
             Privy
             Council
             ▪
          
           or
           Parliament
           there
           ;
           this
           Constitution
           of
           their
           Parliament
           ,
           is
           so
           far
           from
           giving
           them
           a
           negative
           to
           the
           Laws
           pass'd
           in
           England
           ,
           with
           declared
           intention
           to
           bind
           them
           in
           Ireland
           ,
           that
           the
           Authority
           of
           England
           is
           wove
           into
           the
           very
           Constitution
           ;
           and
           the
           Parliaments
           of
           Ireland
           own
           that
           Authority
           by
           their
           very
           Sitting
           and
           Enacting
           .
        
         
           M●
           .
           M.
           having
           represented
           that
           Consti●ution
           of
           their
           Parliaments
           ,
           by
           which
           he
           thinks
           they
           
             stand
             almost
             upon
             the
             same
             bottom
             as
             the
             King
          
           did
           here
           ,
           makes
           this
           strong
           assumption
           .
        
         
           
             If
             therefore
             the
             Legislature
             of
             Ireland
             stand
             on
             this
             foot
             in
             relation
             to
             the
             King
             ,
             and
             to
             the
             Parliament
             of
             Ireland
             ;
             and
             the
             Parliament
             
             of
             England
             
               do
               remove
               it
               from
               this
               bottom
               ,
               and
               assume
               it
               to
               themselves
               ,
            
             where
             the
             King's
             Prerogative
             is
             much
             narrower
             ,
             and
             as
             it
             were
             reversed
             (
             for
             there
             
               the
               King
            
             has
             only
             a
             negative
             Vote
             )
             I
             humbly
             conceive
             't
             is
             an
             
               encroachment
               on
               the
               King's
               Prerogative
            
             .
          
        
         
           But
           he
           might
           consider
           ,
        
         
           1.
           
           That
           as
           here
           by
           the
           Parliament
           he
           takes
           Lords
           and
           Commons
           without
           the
           King
           ;
           he
           mistakes
           the
           Fact
           in
           relation
           to
           their
           exercice
           of
           Power
           :
           for
           they
           do
           not
           assume
           to
           themselves
           the
           Power
           of
           making
           any
           Law
           ,
           but
           with
           ,
           and
           
             under
             the
             King.
          
           
        
         
           2.
           
           Neither
           do
           they
           ,
           in
           the
           highest
           exercice
           of
           their
           Power
           ,
           take
           from
           the
           Irish
           any
           thing
           allowed
           or
           directed
           by
           
             Poyning's
             Law
          
           ,
           or
           any
           other
           Constitution
           .
        
         
           3.
           
           They
           do
           but
           assert
           the
           
             Chief
             Prerogative
             of
             the
             Crown
             of
          
           England
           ,
           by
           which
           ▪
           
             due
             consent
             being
             bad
          
           ,
           our
           Kings
           give
           Laws
           to
           this
           Realm
           ,
           and
           all
           the
           Dominions
           belonging
           to
           it
           .
        
         
         
           4.
           
           The
           ancient
           course
           of
           the
           Proceedings
           of
           the
           Parliaments
           of
           
             England
             ▪
          
           and
           their
           making
           all
           manner
           of
           Provisions
           for
           the
           Government
           of
           Ireland
           ,
           evince
           ,
           that
           Poyning's
           Law
           was
           rather
           an
           Indulgence
           to
           the
           English
           there
           ,
           directing
           a
           Method
           for
           their
           maintaining
           the
           face
           of
           a
           Legislature
           among
           themselves
           ,
           than
           any
           restraint
           of
           Power
           before
           vested
           in
           the
           
             Parliaments
             of
          
           England
           .
           And
           after
           all
           ,
           this
           Law
           was
           never
           ,
           as
           I
           take
           it
           ,
           confirm'd
           by
           a
           Parliament
           of
           England
           .
           I
           must
           not
           here
           omit
           the
           consequences
           which
           Mr.
           M.
           draws
           ,
           from
           the
           Parliament
           of
           England's
           
           pretending
           Power
           to
           impose
           any
           one
           Law
           upon
           Ireland
           .
        
         
           1.
           
           That
           't
           will
           
             naturally
             introduce
          
           the
           Taxing
           them
           without
           their
           consent
           .
        
         
           
             2.
             
             That
             't
             will
             leave
             the
             People
          
           
           of
           Ireland
           
             in
             the
          
           greatest
           confusion
           
             imaginable
             :
             that
             they
             are
             not
          
           permitted
           to
           know
           ,
           
             which
             is
             the
          
           Supreme
           Authority
           
             which
             they
             are
          
           bound
           to
           obey
           ,
           whether
           the
           Parliament
           of
           England
           ,
           or
           that
           of
           Ireland
           
           or
           both
           ;
           and
           that
           the
           uncertainty
           is
           or
           may
           be
           made
           a
           pretence
           for
           disobedience
           .
        
         
           
             3.
             
             That
             't
             will
             be
          
           highly
           inconvenient
           for
           England
           ;
           may
           make
           the
           
           Lords
           and
           People
           of
           Ireland
           think
           they
           are
           not
           well
           used
           ,
           and
           may
           drive
           them
           into
           Discontent
           .
        
         
           
           1.
           
           Not
           here
           to
           consider
           ,
           how
           far
           the
           Lordship
           of
           the
           Land
           of
           Ireland
           may
           infer
           the
           Taxing
           it
           ;
           if
           it
           should
           refuse
           to
           concur
           as
           it
           ought
           ,
           to
           its
           own
           Preservation
           :
           since
           the
           Law
           of
           necessity
           is
           no
           farther
           to
           be
           used
           ,
           or
           considered
           ,
           than
           while
           the
           necessity
           is
           apparent
           ;
           I
           may
           say
           ,
           that
           this
           is
           no
           consequence
           to
           be
           apprehended
           ,
           and
           that
           as
           the
           Right
           of
           Taxing
           ,
           does
           not
           follow
           from
           the
           Right
           of
           Governing
           ;
           and
           the
           Nature
           of
           the
           Government
           depends
           upon
           the
           first
           Submission
           ,
           and
           that
           Interpretation
           and
           Confirmation
           of
           it
           ,
           which
           both
           the
           governing
           Nation
           ,
           and
           the
           governed
           have
           put
           upon
           it
           :
           I
           must
           infer
           ,
           with
           deference
           to
           the
           
             National
             Authority
          
           ,
           that
           the
           Power
           which
           England
           has
           from
           the
           time
           of
           H.
           2.
           claimed
           and
           exercised
           over
           
           Ireland
           ,
           
             does
             not
          
           naturally
           introduce
           the
           Taxing
           them
           without
           their
           con-Consent
           ;
           
           yet
           ,
           if
           the
           Modern
           Precedents
           of
           English
           Acts
           of
           Parliament
           alledg'd
           against
           Mr.
           M's
           
             Notion
             ,
             are
          
           Innovations
           ,
           
             and
             only
             of
          
           
           Thirty
           seven
           Years
           standing
           ,
           
             depriving
             them
          
           of
           the
           Rights
           and
           Liberties
           which
           they
           enjoyed
           for
           five
           hundred
           Years
           before
           ,
           and
           which
           were
           invaded
           without
           their
           consent
           ;
           
             such
             an
             Invasion
             would
          
           naturally
           introduce
           the
           Taxing
           them
           without
           their
           Consent
           .
        
         
           But
           since
           England
           uses
           no
           Power
           which
           it
           has
           not
           generally
           used
           for
           these
           500
           Years
           ,
           he
           should
           avoid
           putting
           it
           to
           the
           necessity
           ,
           or
           temptation
           to
           go
           farther
           .
        
         
           
           2.
           
           As
           to
           the
           supposed
           uncertainty
           where
           the
           
             Supream
             Authority
          
           resides
           ;
           he
           might
           have
           found
           that
           pass'd
           dispute
           in
           their
           
             own
             Statutes
          
           ;
           and
           yet
           their
           Denyals
           could
           be
           of
           no
           weight
           ,
           till
           they
           had
           absolutely
           renounced
           the
           Protection
           of
           England
           ;
           and
           indeed
           must
           be
           thought
           to
           have
           come
           in
           surreptitiously
           ,
           without
           the
           due
           care
           of
           the
           Governours
           ,
           
           there
           ,
           under
           the
           Crown
           of
           England
           ;
           as
           well
           as
           without
           the
           notice
           of
           the
           Nation
           which
           has
           hitherto
           protected
           and
           supported
           them
           .
        
         
           However
           ,
           the
           Obedience
           which
           that
           Nation
           has
           from
           H.
           2d's
           Time
           ,
           pay
           d
           to
           the
           Laws
           of
           England
           ,
           after
           they
           had
           been
           duly
           pubiished
           by
           Authority
           under
           the
           
             Great
             Seal
             of
          
           England
           ,
           might
           have
           sufficiently
           taught
           them
           where
           the
           
             real
             Legislature
          
           is
           vested
           ,
           and
           by
           them
           and
           their
           Forefathers
           acknowledged
           .
        
         
           And
           since
           he
           admits
           that
           till
           a
           
             Regular
             Legislature
          
           was
           established
           in
           
             Ireland
             by
             the
          
           Irish
           
             voluntary
             Submission
             to
             ,
             and
             acceptance
             of
             the
          
           
           
             Laws
             and
             Government
             of
          
           England
           ,
           
             we
             must
             repute
             them
             to
             have
             sub●itted
             themselves
             to
             the
             Statute
             Laws
          
           made
           under
           H.
           2.
           
           King
           John
           ,
           and
           H.
           3.
           and
           
             their
             Predocessors
          
           ;
           If
           a
           Kingdom
           can
           have
           
             no
             Supreme
             within
          
           
           it self
           ,
           and
           a
           Subordinate
           Parliament
           is
           no
           Parliament
           as
           he
           would
           infer
           ;
           he
           must
           thank
           himself
           for
           the
           Consequence
           ,
           that
           therefore
           they
           have
           neither
           a
           Kingdom
           ,
           nor
           
           a
           Parliament
           :
           and
           then
           by
           his
           own
           confession
           ,
           they
           are
           as
           much
           to
           be
           govern'd
           by
           the
           Statutes
           now
           made
           in
           England
           ,
           as
           their
           Predecessors
           were
           in
           the
           Times
           of
           King
           John
           ,
           and
           H.
           3.
           
        
         
           
           3.
           
           As
           to
           the
           imagined
           Inconvenience
           to
           England
           ,
           and
           almost
           threatned
           Defection
           from
           the
           Crown
           of
           the
           Kingdom
           ,
           this
           Gentleman's
           Undertaking
           makes
           it
           evident
           ,
           that
           the
           Authority
           ought
           the
           rather
           to
           be
           exerted
           ,
           to
           help
           some
           Men's
           Understandings
           ,
           least
           such
           a
           shew
           of
           Arguments
           ,
           and
           popular
           Flourishes
           ,
           should
           encourage
           them
           to
           act
           as
           if
           they
           were
           a
           compleat
           Kingdom
           
             within
             themselves
          
           ,
           with
           a
           King
           at
           the
           Head
           of
           them
           ,
           during
           whose
           Absence
           ,
           or
           professing
           a
           Religion
           contrary
           to
           that
           which
           the
           generality
           of
           the
           People
           profess
           ,
           they
           might
           assert
           the
           Right
           of
           a
           Free
           
             Kingd
             .
             subject
             to
             no
             Man's
             Laws
             ,
          
           but
           what
           they
           had
           consented
           to
           immediately
           ,
           or
           permitted
           to
           grow
           into
           a
           Custom
           .
        
         
           Since
           this
           Gentleman
           thinks
           he
           has
           silenced
           all
           the
           
             Patriots
             of
             Liberty
          
           
           
             and
             Property
          
           ,
           by
           his
           warm
           Appeals
           to
           them
           ▪
           and
           wheadling
           Notions
           of
           the
           inherent
           ,
           and
           unalienable
           Rights
           of
           Mankind
           ;
           and
           ,
           howevre
           that
           he
           ,
           has
           engag'd
           the
           Crown
           of
           his
           side
           ,
           by
           adorning
           it
           with
           a
           Prerogative
           to
           govern
           Ireland
           without
           any
           relation
           to
           the
           
             pu●lick
             good
          
           of
           that
           
             Kingdom
             ▪
          
           the
           rightful
           Possession
           of
           which
           ,
           ca●●ies
           Ireland
           as
           an
           Appendant
           to
           the
           
             Imperial
             Crown
          
           ;
        
         
           I
           must
           desire
           him
           to
           consider
           whether
           in
           this
           ,
           as
           well
           as
           other
           Particulars
           before
           observed
           ,
           the
           Charge
           of
           Inconsistency
           ,
           will
           not
           fall
           upon
           him
           more
           justly
           than
           upon
           the
           Lord
           Coke
           .
        
         
           A
           little
           to
           qualifie
           this
           heat
           ,
           upon
           the
           suppos'd
           Injury
           to
           Prerogative
           ,
           or
           common
           Right
           ,
           I
           shall
           recommend
           these
           Heads
           to
           his
           serious
           Consideration
           .
        
         
           1.
           
           Whether
           he
           does
           not
           yield
           ,
           that
           if
           there
           were
           a
           Submission
           and
           Consent
           ,
           to
           such
           Laws
           for
           Government
           ,
           as
           England
           should
           from
           time
           to
           time
           publish
           ,
           to
           be
           obeyed
           in
           Ireland
           ;
           this
           would
           be
           no
           injury
           
           to
           the
           
             Common
             Rights
             of
             Mankind
          
           ?
        
         
           2.
           
           Whether
           his
           Tragical
           Exclamations
           ,
           against
           those
           who
           have
           acted
           contrary
           to
           what
           he
           takes
           to
           be
           the
           Right
           of
           the
           
             English
             Proprietors
          
           in
           Ireland
           ,
           are
           not
           founded
           upon
           the
           Supposition
           ;
           that
           those
           
             Acts
             of
             Parliaments
          
           there
           ,
           which
           have
           been
           made
           of
           late
           Days
           ,
           with
           express
           intention
           of
           binding
           Ireland
           ,
           are
           Innovations
           ?
        
         
           3.
           
           Whether
           it
           being
           evident
           ,
           that
           the
           Laws
           made
           here
           ,
           have
           for
           so
           many
           Ages
           been
           enforced
           and
           submitted
           to
           ▪
           as
           binding
           Ireland
           ;
           an
           English-man
           in
           Ireland
           has
           more
           reason
           to
           complain
           of
           a
           Law
           made
           here
           ,
           than
           a
           
             Wealthy
             Merchant
             Free
             of
             no
             Corporation
             ,
          
           or
           any
           English-man
           who●e
           Profit
           obliges
           him
           to
           a
           continuance
           in
           Foreign
           Parts
           ?
        
         
           4.
           
           Whether
           all
           the
           English
           Treasure
           which
           has
           been
           spent
           ,
           and
           Lives
           lost
           for
           the
           Reduction
           of
           Ireland
           ,
           were
           absolutely
           at
           the
           Disposal
           of
           the
           Princes
           ,
           or
           directed
           by
           any
           of
           their
           Parliaments
           ?
        
         
           5.
           
           Whether
           a
           Law
           Book
           digested
           
           in
           the
           Time
           of
           H.
           2.
           as
           't
           is
           
           suppos'd
           ,
           by
           Publick
           Authority
           ,
           does
           not
           shew
           ,
           that
           in
           the
           Notion
           of
           that
           very
           Time
           ,
           when
           Mr.
           M.
           supposes
           that
           the
           Right
           of
           the
           
             Crown
             of
          
           England
           over
           Ireland
           ,
           was
           first
           acquired
           ,
           there
           was
           ,
           or
           might
           be
           
             Treason
             against
             the
             Kingdom
             of
          
           England
           ,
           as
           well
           as
           against
           
             the
             King
          
           ?
        
         
           6.
           
           Whether
           the
           submitting
           to
           take
           the
           
             English
             Laws
          
           from
           the
           King
           ,
           implyed
           the
           taking
           them
           from
           him
           alone
           ;
           unless
           he
           made
           Laws
           in
           England
           ,
           without
           the
           Consent
           of
           the
           States
           of
           the
           Kingdom
           of
           England
           ?
        
         
           7.
           
           Whether
           if
           the
           English
           
             modus
             tenendi
             Parliamenta
          
           ,
           being
           ,
           as
           Mr.
           M.
           thinks
           he
           has
           proved
           ,
           transmitted
           to
           Ireland
           ,
           by
           H.
           2.
           stiling
           himself
           Conqueror
           of
           Ireland
           ;
           after
           that
           ,
           a
           Parliament
           of
           Ireland
           ,
           held
           in
           that
           form
           ,
           should
           have
           Voted
           themselves
           
             independant
             upon
             the
             Parliament
             of
          
           England
           ;
           would
           not
           every
           Member
           have
           been
           liable
           to
           an
           
             Impeachment
             for
             Treason
             against
             the
             King
             and
             Kingdom
             of
          
           England
           ?
        
         
         
           8.
           
           If
           by
           Municipal
           Laws
           ,
           or
           the
           Provision
           of
           the
           Common
           Law
           of
           England
           ,
           in
           Cases
           not
           particularly
           express'd
           ,
           the
           Son
           may
           justly
           suffer
           in
           the
           Consequence
           of
           his
           Father's
           Forfeiture
           for
           Treason
           ;
           may
           not
           the
           same
           Reason
           hold
           for
           a
           
             dependent
             Nation
          
           ?
        
         
           9.
           
           Whether
           Jurists
           ,
           universally
           agreed
           to
           be
           well
           skill'd
           in
           the
           Law
           of
           Nations
           ,
           and
           even
           such
           as
           hold
           the
           People
           or
           Community
           to
           be
           the
           common
           Subject
           of
           Power
           ,
           do
           not
           maintain
           ,
           that
           as
           well
           the
           Dominion
           or
           Power
           vested
           in
           the
           People
           ,
           as
           that
           which
           was
           in
           the
           Prince
           ,
           may
           be
           acquired
           by
           another
           Prince
           ,
           or
           State
           ?
        
         
           10.
           
           Whether
           they
           do
           not
           hold
           ,
           that
           such
           acquisition
           made
           in
           one
           Age
           ,
           and
           continued
           ,
           lays
           an
           obligation
           upon
           Posterity
           to
           submit
           to
           it
           ?
        
         
           11.
           
           Whether
           they
           do
           not
           generally
           hold
           ,
           that
           Protection
           is
           a
           good
           foundation
           of
           Power
           ;
           and
           that
           this
           confirms
           the
           Submissions
           of
           
             Publick
             Societies
          
           anciently
           made
           ,
           to
           the
           Nature
           of
           that
           Government
           
           which
           they
           had
           subjected
           themselves
           to
           ,
           and
           to
           the
           governing
           Families
           ?
        
         
           12.
           
           Whether
           the
           Protection
           which
           the
           stronger
           Kingdom
           has
           continued
           to
           give
           to
           a
           weaker
           ,
           is
           not
           at
           least
           as
           forceable
           an
           Argument
           for
           Obedience
           ,
           as
           that
           protection
           which
           any
           Nation
           does
           ,
           or
           can
           receive
           from
           the
           Prince
           who
           is
           at
           the
           Head
           of
           it
           ?
        
         
           13.
           
           Whether
           our
           Saviour's
           Observation
           upon
           the
           
             Roman
             penny
          
           ,
           and
           St.
           Paul's
           Epîstle
           to
           the
           Romans
           ,
           did
           not
           establish
           a
           general
           Rule
           of
           Subjection
           ?
        
         
           14.
           
           Whether
           the
           Jews
           ,
           and
           other
           Nations
           subject
           to
           the
           
             Roman
             Empire
          
           ,
           had
           not
           much
           more
           plausible
           pretences
           for
           casting
           off
           the
           
             Roman
             Yoak
          
           ,
           than
           the
           Irish
           have
           for
           disowning
           the
           
             English
             Legislature
          
           ?
        
         
           
           15.
           
           Whether
           our
           Victorious
           and
           Heroical
           
             Kings
             ,
             E.
          
           3.
           and
           H.
           5.
           thought
           it
           any
           diminution
           to
           the
           
             Prerogative
             of
             the
             Crown
             of
          
           England
           ,
           for
           their
           Parliaments
           to
           be
           joyn'd
           with
           them
           ,
           in
           giving
           Terms
           
           to
           those
           Parts
           of
           France
           ,
           which
           were
           brought
           under
           the
           
             Crown
             of
          
           England
           ,
           in
           Wars
           carried
           on
           at
           a
           National
           Expence
           ?
        
         
           16.
           
           Whether
           ,
           notwithstanding
           his
           Concession
           ,
           that
           every
           King
           of
           England
           ,
           is
           
             ipso
             facto
          
           King
           of
           Ireland
           ;
           the
           contrary
           does
           not
           follow
           from
           his
           Notion
           of
           Prerogative
           ,
           of
           Irelands
           being
           a
           compleat
           Kingdom
           reg●●●●ed
           within
           it self
           ;
           and
           the
           Supposition
           that
           Acts
           of
           Parliament
           in
           England
           cannot
           bind
           Ireland
           ,
           till
           confirmed
           by
           Parliament
           there
           ?
        
         
           17.
           
           Whether
           therefore
           according
           to
           his
           way
           of
           arguing
           ,
           the
           Subjects
           of
           Ireland
           ,
           who
           fought
           under
           King
           William
           ,
           before
           he
           was
           recognized
           by
           a
           Parliament
           in
           Ireland
           ,
           then
           served
           their
           Lawful
           and
           
             Rightful
             King.
          
           
        
         
           18.
           
           Whether
           to
           dedicate
           to
           His
           present
           Majesty
           ,
           a
           Book
           of
           such
           consequences
           as
           the
           direct
           Answer
           to
           these
           Questions
           would
           manifest
           ,
           argues
           a
           due
           Opinion
           of
           His
           Majesty's
           Judgment
           and
           Penetration
           ?
        
         
           FINIS
           .
        
      
    
     
       
         
         
           ERRATA
           .
        
         
           PAg.
           5.
           
           Lin.
           8.
           for
           have
           
             '
             r.
          
           know
           ,
           
             ib.
             l.
          
           14.
           r.
           grievous
           ,
           
             ib.
             p.
          
           7.
           l.
           9.
           for
           must
           r.
           might
           ,
           
             ib.
             l.
          
           18.
           r.
           you
           represent
           ,
           p.
           11.
           l.
           26.
           r.
           and
           nature
           ,
           p.
           12.
           l.
           23.
           r.
           first
           expedition
           ,
           p.
           29.
           l.
           25.
           for
           will
           r.
           would
           ,
           p.
           41.
           
             l.
             ult
             .
             for
          
           none
           r.
           no
           Charter
           ,
           p.
           62.
           l.
           18.
           r.
           and
           that
           ,
           p.
           63.
           l.
           23.
           r.
           Jurisdiction
           which
           ,
           p.
           64.
           l.
           25.
           r.
           from
           ,
           p.
           70.
           l.
           5.
           r.
           would
           ,
           p.
           87.
           dele
           voluntary
           ,
           p.
           95.
           l.
           11.
           r.
           H.
           3.
           p.
           104
           ▪
           l.
           13.
           for
           the
           r.
           that
           ,
           p.
           108.
           l.
           6.
           r.
           here
           ,
           p.
           112.
           l.
           4.
           r.
           when
           ,
           p.
           115
           ▪
           l.
           12.
           dele
           chief
           ,
           ●
           .
           122.
           l.
           20.
           r.
           carta
           ,
           p.
           133.
           l.
           ●
           .
           r.
           be
           then
           ,
           p.
           134.
           
           ●
           .
           1.
           r.
           there
           then
           ,
           
             ib.
             l.
          
           9.
           for
           me
           r.
           him
           ,
           p.
           139.
           l.
           9.
           for
           1st
           .
           r.
           17th
           .
           p.
           144.
           l.
           1.
           for
           that
           r.
           tho'
           ,
           p.
           165.
           l.
           15.
           r.
           Precedent
           ,
           p.
           173.
           l.
           21.
           r.
           Marchers
           ,
           p.
           174.
           
             l.
             ult
             .
             dele
          
           we
           ,
           p.
           184.
           l.
           24.
           r.
           consider
           only
           ,
           p.
           195.
           l.
           19.
           r.
           express
           ,
           p.
           200.
           l.
           4.
           
           ●
           .
           Poyning's
           ,
           p.
           201.
           l.
           21.
           and
           22.
           r.
           1.
           
           As
           &c.
           p.
           202.
           
             l.
             ult
             .
             r.
          
           who
           ,
           with
           his
           States
           ,
           p.
           204.
           l.
           23.
           for
           did
           r.
           does
           ,
           p.
           212.
           l.
           9.
           for
           there
           r.
           here
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A26170-e160
           
             a
             
               Anciently
               there
               was
               but
               one
               House
               and
               sometimes
               one
               undivided
               Body
            
             sub
             dio
             .
             
               Thus
               one
               of
               K.
            
             Edgar
             
               's
               Charters
               An.
            
             970.
             
             Non
             clam
             in
             angulo
             ,
             sed
             sub
             Divo
             ,
             palam
             evidentissimè
             scientibus
             toti●s
             regni
             mei
             Primatibus
             .
          
           
             d
             Dr.
             Brady's
             Answer
             to
             Mr.
             
               Petty
               l.
            
             p.
             
               1
               ,
               2
            
             .
             ●o
             rescue
             these
             sacred
             things
             from
             groundless
             and
             designing
             i●●e●pretations
             :
             I
             follow
             his
             own
             Method
             ,
             and
             do
             affirm
             ,
             1.
             
             Tha●
             the
             Commo
             s
             of
             England
             represented
             by
             Knights
             ,
             Citizens
             ,
             and
             Burgesses
             in
             parliament
             were
             not
             introduced
             ,
             not
             were
             one
             of
             the
             three
             Estates
             in
             Parliament
             before
             the
             49th
             of
             
               H.
               3.
               2.
            
             
             That
             before
             that
             time
             the
             body
             of
             the
             Commons
             of
             England
             ,
             or
             Freem●n
             as
             now
             understood
             or
             as
             we
             n●w
             frequently
             call
             them
             collectively
             taken
             ,
             had
             not
             any
             share
             or
             votes
             iu
             making
             of
             Laws
             for
             the
             government
             of
             the
             Kingdom
             ,
             nor
             had
             any
             com●unication
             in
             Affairs
             of
             State
             ,
             unless
             they
             w●re
             represented
             by
             the
             Tex
             nts
             in
             Capite
             .
          
           
             a
             Vid
             Jani
             Anglor
             .
             faciem
             nov
             .
             ed.
             
             An.
             1680.
             
          
           
             b
             
               Vid.
               Dr.
            
             Brady
             
               's
               Append
            
             .
             to
             his
             Co●pleat
             History
             cited
             in
             f.
             
          
           
             c
             Dr.
             Brady's
             Introtuct
             .
             f.
             3●6
             Spe●àing
             of
             Seditious
             Pieces
             defign'd
             ,
             as
             he
             says
             ,
             to
             overturn
             the
             Government
             ,
             and
             publish'd
             on
             purpose
             to
             usher
             in
             Anarchy
             and
             Confusion
             ,
             (
             leaving
             a
             Blank
             for
             Mr.
             P●tyt's
             Name
             ,
             whom
             be
             sufficiently
             describes
             )
             these
             and
             other
             such
             stuff
             ,
             says
             ,
             he
             did
             mightily
             contribute
             to
             the
             Sedition
             and
             Rebellious
             Practices
             of
             a
             
               Great
               Man
            
             who
             laid
             violent
             Hands
             upon
             himself
             to
             prevent
             the
             Hand
             ●nd
             Stroak
             of
             Justice
             ,
             And
             like
             to
             this
             Piece
             are
             
               J●ni
               Anglor
               ▪
               ●acies
               nova
               ,
               Jus
               Anglorum
               ab
               antiquo
               ,
            
             Reflections
             upon
             
               Antidptum
               Brit.
            
             &c.
             
             All
             written
             and
             timed
             to
             promote
             Sedition
             and
             in
             expectation
             of
             Rebellion
             and
             the
             destruction
             of
             the
             Establish'd
             Government
             .
          
           
             d
             Jus
             Anglorum
             ab
             antiq
             .
          
           
             Votes
             ,
             Lunae
             ,
             27
             Junii
             1698.
             
          
           
             Vid.
             Mat.
             Par.
             Addit
             .
             f.
             281.
             
             De
             foris
             facturâ
             regni
             per
             Johannem
             ,
             &
             regni
             vacatione
             per
             ejusdem
             demissionem
             in
             manus
             Papae
             .
          
        
         
           Notes for div A26170-e1290
           
             *
             Mr.
             Molineux
             his
             Book
             ▪
             
               p.
               3.
            
             
             I
             venture
             to
             expose
             my
             own
             weakness
             ,
             rather
             than
             be
             wanting
             at
             this
             time
             to
             my
             Country
             ,
             I
             might
             say
             indeed
             to
             mankind
             ;
             for
             't
             is
             the
             Cause
             of
             the
             whole
             Race
             of
             Adam
             that
             I
             argue
             ,
             &c.
             
          
           
             Pag.
             3.
             
          
           
             Vid.
             Plin.
             Pan.
             Quàm
             nunc
             juvat
             ,
             provincias
             omnes
             in
             fidem
             nostram
             deditionemque
             venisse
             .
             Postquam
             contigit
             Princeps
             terrarum
             ,
             &c.
             
          
           
             Pag.
             25.
             
          
           
             *
             'T
             is
             only
             damage
             sustain'd
             that
             gives
             title
             to
             another
             man's
             goods
             .
          
           
             *
             Mr.
             Molineux
             his
             complaint
             against
             the
             Parliament
             of
             
               England
               .
               Vid.
            
             Dedication
             .
          
           
             Pag.
             3.
             
          
           
             P.
             64
             ,
             &
             66.
             
          
           
             P.
             68
             ,
             99.
             
          
           
             P.
             105.
             
          
           
             
               P.
               107.
            
             
             Nay
             but
             one
             Throne
             ,
             the
             two
             Kingdoms
             ▪
             
          
           
             P.
             108.
             
          
           
             P.
             111.
             
          
           
             Pag.
             114.
             
          
           
             a
             P.
             128.
             
          
           
             b
             P.
             129
             ,
             133
             ,
             139.
             
          
           
             c
             P.
             147.
             
          
           
             d
             P.
             163.
             
          
           
             e
             P.
             154.
             
          
           
             f
             P.
             157.
             
          
           
             g
             P.
             161.
             
          
           
             h
             P.
             166.
             
          
           
             i
             P.
             168.
             
             Vid.
             e
             Cont.
             sup
             .
             p.
             64
             ,
             &
             66.
             
          
           
             k
             P.
             170.
             
          
           
             l
             Ibid.
             
          
           
             m
             P.
             171.
             
          
           
             n
             Ibid.
             
          
           
             o
             P.
             172.
             
          
           
             Pag.
             3.
             
          
           
             The
             true
             Foundation
             and
             Nature
             of
             the
             Right
             of
             England
             over
             Ireland
             .
          
           
             Vid.
             p.
             3.
             
          
           
             P.
             14.
             
          
           
             
               Pag.
               6.
            
             of
             the
             first
             annexation
             of
             the
             Land
             of
             Ireland
             to
             the
             Crown
             of
             England
             .
          
           
             Lambard's
             Archainomia
             ,
             f.
             148.
             de
             Jure
             &
             Appendiciis
             Coronae
             Regni
             Britanniae
             .
          
           
             a
             Bibli●●h
             .
             Cot.
             sub
             effigie
             Julii
             .
          
           
             B.
             11.
             
          
           
             b
             Claudius
             .
             D.
             2.
             
          
           
             Na.
             
          
           
             c
             Guernsey
             ,
             〈◊〉
             I
             take
             it
             .
          
           
             Circa
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             Rot.
             Cart.
             5.
             
             E.
             2.
             m.
             12.
             n.
             25.
             
             &
             3
             E.
             3.
             m.
             10.
             n.
             23.
             
             Pro
             Priore
             &
             Conventu
             Wigorn
             .
             per
             inspeximus
             .
          
           
             An.
             964.
             regni
             sui
             6.
             
          
           
             Rot
             ▪
             Pat.
             12.
             
             E.
             2.
             m.
             13.
             n.
             42.
             
          
           
             Rot.
             Cart.
             2
             ▪
             E.
             3.
             m.
             23.
             n.
             78.
             
          
           
             An.
             970.
             
             &
             Cart.
             Antiq.
             in
             Turr.
             Loud
             .
             B.
             n.
             11.
             
          
           
             a
             Rot.
             Car●
             ▪
             5.
             
             E.
             2.
             m.
             12
             ▪
             n.
             25.
             
          
           
             b
             Rot.
             Cart.
             5.
             
             E.
             3.
             m.
             1●
             ▪
             n.
             17.
             per
             Prior
             &
             Convent
             .
             sanctae
             Frischeswide
             ▪
             Oxon.
             An.
             1084.
             re●●i●
             25.
             
          
           
             a
             Rot.
             Cart.
             5.
             
             E.
             3.
             m.
             32.
             n.
             85.
             
             A.
             979.
             
          
           
             b
             Rot.
             Cart.
             36.
             
             E.
             3.
             m.
             7.
             n.
             3.
             
             A.
             964.
             
          
           
             c
             In
             Bib.
             Cot.
             An.
             1001.
             
          
           
             d
             Monast
             .
             1.
             vol.
             f.
             94.
             a.
             A.
             983.
             
          
           
             a
             Rot.
             Cart.
             5.
             
             E.
             3.
             m.
             32.
             n.
             85.
             pars
             unica
             .
             A.
             987.
             
          
           
             b
             Hist
             .
             Elyens
             .
             in
             Bib.
             Cotton
             .
          
           
             c
             Vid.
             Rot.
             Cart.
             2.
             
             R.
             2.
             m.
             13.
             n.
             5.
             
             Bib.
             Cot.
             sub
             .
             effig
             .
             Claudil
             c.
             9.
             
             Hist
             .
             Eccles
             .
             Abind
             .
             Cart.
             Antiq.
             B.
             n.
             4.
             
             K.
             n.
             22.
             
          
           
             d
             Cartae
             Antiquae
             in
             Turri
             Lond.
             D.
             n.
             12.
             
             Coenob
             .
             de
             Salebi●
             .
          
           
             e
             Cart.
             An
             ▪
             tiq
             .
             Q.
             n.
             2
             ▪
             An.
             1081.
             
          
           
             *
             Bib.
             Cot.
             sub
             Effigie
             Claudii
             9
             Regist
             .
             Abind
             .
             dehund
             .
             de
             Hormmere
             .
          
           
             †
             
               P.
               129.
            
             
             If
             our
             Church
             be
             free
             and
             absolute
             within
             it self
             ,
             our
             State
             must
             be
             so
             too
             .
          
           
             Of
             the
             Superiority
             and
             Authority
             of
             the
             Church
             of
             England
             over
             the
             Church
             of
             Ireland
             .
          
           
             *
             Parker
             
               's
               A●tiq
               .
               Brit.
            
             Et
             quique
             Nobiles
             cum
             Clero
             .
          
           
             *
             Petitioni
             ●orum
             Armuit
             .
          
           
             †
             Fo.
             23.
             
             Ann.
             1151.
             
          
           
             Ibid.
             
          
           
             𝄁
             Ib.
             F.
             23.
             
             Nihilominus
             Cant.
             Primatem
             in
             omnibus
             agnoscunt
             .
          
           
             *
             Antiq.
             Brit.
             ]
             sup
             .
          
           
             Inter
             decem
             script
             .
             Gerv.
             Dorob
             .
             Actus
             Pontif.
             Cant.
             F.
             1633.
             
             Ann.
             605.
             
          
           
             Nec
             non
             &
             Scothorū
             qui
             Hiberniam
             insulam
             Britanniae
             proximam
             incolunt
             ,
             pastoralem
             impendere
             sollicitudinem
             curabat
             .
          
           
             Brompton
             ,
             F.
             970
             ,
             971.
             de
             An.
             1071.
             
          
           
             *
             Not
             that
             the
             whole
             History
             need
             have
             been
             read
             in
             the
             Council
             ,
             but
             the
             chief
             Passages
             produced
             by
             them
             who
             had
             read
             it
             .
          
           
             P.
             8.
             
             An.
             1172.
             
          
           
             P.
             6
             ,
             7
             ,
             8.
             
             Of
             H.
             2d
             
               's
               landing
            
             in
             Ireland
             .
          
           
             P.
             144.
             
          
           
             The
             justification
             of
             2d's
             Expedition
             .
          
           
             Lambard's
             Archaionomia
             ,
             F.
             138.
             
             De
             Regis
             Officio
             ,
             &c.
             
          
           
             Vid.
             Leges
             St.
             Edw.
             Tit.
             Greve
             .
          
           
             Ryley's
             Placita
             Parl.
             29
             E.
             1.
             
          
           
             Vid.
             In●
             .
          
           
             Anglia
             sacra
             ,
             Giraldus
             Cambrensis
             de
             rebus
             a
             se
             gestis
             ,
             Pars
             2.
             c.
             14.
             
          
           
             Angl.
             sac
             .
             sup
             .
             pars
             2.
             
             F.
             485.
             
               speaking
               of
               King
            
             John
             ,
             Pater
             ipsius
             intrandi
             Hiberniam
             ,
             sibique
             subjugandi
             ,
             ab
             ecclesia
             Roman●
             licentiam
             impetravit
             .
          
           
             Pro
             dilatandis
             Ecclesiae
             ter●inis
             ,
             &c.
             
          
           
             
               V.
               p.
               129.
            
             
             Holy
             Church
             shall
             be
             free
             ,
             &c.
             
             If
             our
             Church
             be
             free
             and
             absolute
             within
             it self
             ,
             our
             State
             must
             be
             so
             likewise
             .
          
           
             P.
             10
             ,
             &
             11.
             
          
           
             P.
             28.
             
          
           
             Of
             the
             Submission
             of
             the
             Irish
             to
             
               H.
               2.
            
             
          
           
             V.
             p.
             10.
             
             
               Cited
               by
               him
            
             .
          
           
             P.
             28.
             
          
           
             Mat.
             Par.
             ib.
             Urbes
             &
             Castella
             quae
             Rex
             in
             sua
             receperat
             ,
             sub
             fideli
             custodia
             deputavit
             .
          
           
             P.
             29
             ▪
             
          
           
             Hoveden
             .
             f.
             323.
             
          
           
             F.
             324.
             
          
           
             Int.
             Decem
             script
             .
             Bromton
             de
             eod
             .
             An.
             
          
           
             
               Vid.
               Inf.
            
             In
             truth
             he
             was
             but
             Viceroy
             .
          
           
             V.
             p.
             10.
             
             Jurantes
             ei
             &
             haeredibus
             suis
             
          
           
             P.
             154.
             
          
           
             a
             Hoveden
             .
             t.
             312.
             
             Sicut
             tenuit
             antequam
             dominus
             Rex
             intravit
             Hib.
             
          
           
             b
             A●
             .
             1175.
             
          
           
             c
             Gir.
             Cambr
             .
             expug
             .
             Hib.
             c.
             34.
             de
             An.
             1177.
             
             Anno
             primo
             quo
             illustrissimus
             Anglor
             .
             R.
             &
             Hib.
             triumph●tor
             ,
             ipsam
             insulam
             acquisivit
             .
          
           
             d
             Benedict
             .
             Abbas
             ,
             p.
             69.
             
               ●ited
               in
               Dr.
            
             Bradey's
             Append
             .
             f.
             39.
             
          
           
             Rot.
             Claus
             .
             7.
             
             Jo.
             m.
             5.
             
          
           
             Nomine
             Baroniae
             .
          
           
             Davis
             Rep.
             f.
             38.
             
          
           
             Of
             the
             Antiquity
             of
             the
             Right
             of
             the
             Crown
             of
             England
             to
             the
             Land
             of
             Ireland
             ,
             recognized
             by
             Parliaments
             there
             .
             
               Stat.
               11
               Eliz.
               Ses
               .
               3.
               c.
               1.
               f.
               273.
               
            
          
           
             Graston
             de
             an
             .
             ante
             Christum
             375.
             
          
           
             De
             eod
             .
             an
             .
          
           
             
               Irish
               Stat.
            
             f.
             493.
             
          
           
             P.
             4.
             
          
           
             Of
             the
             comparison
             bètween
             
               W.
               1.
            
             and
             
               H.
               2.
            
             and
             of
             the
             stile
             and
             notion
             of
             Conquest
             .
          
           
             Davis
             's
             Rep.
             ●
             .
             41.
             
             Case
             de
             Tanistry
             .
          
           
             P.
             12
             ,
             &
             13.
             
          
           
             a
             Vid.
             Mr.
             Petyt's
             Pref.
             to
             the
             Rights
             of
             the
             Kingdom
             .
             
               Mic.
               2.
               
               Jo.
            
             
          
           
             The
             same
             transcribed
             more
             at
             large
             in
             Hales's
             Collect.
             
               in
               Bib.
               Hospit●●
               Lincoln
            
             .
          
           
             b
             Glanvil
             .
             de
             legibus
             ,
             lib.
             7.
             c.
             1.
             
          
           
             Vid.
             ib.
             aut
             habet
             haereditatem
             tantum
             ,
             aut
             questum
             tantum
             .
          
           
             c
             P.
             14.
             
          
           
             d
             Vid.
             Pref
             ▪
             to
             Davis's
             Rep.
             The
             first
             after
             the
             Norman
             Conquest
             that
             was
             stiled
             
               Lord
               of
               Ireland
            
             .
          
           
             Girald
             .
             Camb.
             Hibern
             .
             expugnat
             .
          
           
             Vid.
             Reflections
             upon
             a
             treasonable
             Opinion
             against
             signing
             the
             voluntary
             Association
             .
          
           
             F.
             14.
             
          
           
             Puff
             .
             de
             Jure
             Gentium
             .
             VII
             .
             7.
             3.
             
          
           
             Pictav
             .
             gesta
             W.
             Ducis
             Norm
             .
             &
             Regis
             Anglor
             .
             f.
             181.
             
          
           
             Ord.
             Vital
             .
             f.
             492.
             
          
           
             *
             Non
             expectabat
             vesanus
             Anglus
             quid
             publica
             electio
             statueret
             .
             Pictav
             .
             ut
             memini
             ,
             vel
             Ordir
             .
             Vital
             .
          
           
             †
             Flor.
             Wig.
             Fidelitat
             .
             juraverunt
             ,
             quibus
             &
             ipse
             foedus
             pepigit
             .
             S.
             Dunelm
             .
             F.
             195.
             
             Hoveden
             .
             F.
             258.
             
             Rad.
             de
             Diceto
             Col.
             480.
             
             Bromton
             Col.
             958.
             
          
           
             𝄁𝄁𝄁𝄁𝄁
             Ordir
             .
             Vital
             .
             F.
             503.
             
          
           
             Bib.
             Cotton
             .
             sub
             Effigie
             Claudii
             ,
             A.
             3.
             
          
           
             *
             Bib.
             Cot.
             sup
             .
             Volumus
             &
             concedimus
             .
             Vid.
             Selden
             .
             Dissert
             .
             ad
             Fletam
             de
             confirmatione
             ,
             4º
             Regni
             sui
             Ekal
             .
             vid.
             etiam
             Mat.
             Par.
             Addit
             .
             de
             Fretherico
             Ab.
             Sancti
             Albani
             ,
             extorquente
             cautionem
             juratoriam
             .
          
           
             Vid.
             God's
             ways
             of
             disposing
             of
             Kingdoms
             .
             
               P.
               20.
            
             
          
           
             The
             sense
             of
             Parliaments
             in
             Ireland
             ,
             in
             relation
             to
             Conquest
             .
          
           
             Stat.
             Hib.
             28
             H.
             8.
             c.
             3.
             
          
           
             F.
             64.
             
          
           
             F.
             65.
             
          
           
             Stat.
             11.
             
             Eliz.
             Ses
             .
             3.
             c.
             1.
             
          
           
             F.
             37.
             
          
           
             11
             J.
             c.
             1.
             
          
           
             *
             12
             ,
             13
             ,
             14
             ,
             J.
             1.
             c.
             5.
             
          
           
             *
             
               Act
               for
               Subsidies
            
             ,
             11
             C.
             1.
             
          
           
             10
             C.
             1.
             
             Ses
             .
             1.
             c.
             3.
             and
             Ses
             .
             3.
             c.
             3.
             
          
           
             Nota
             ,
             But
             one
             Imperial
             Crown
             .
          
           
             14
             &
             15
             C.
             2.
             
          
           
             Non
             hic
             habent
             Milites
             Parliamenti
             .
          
           
             P.
             117.
             
          
           
             P.
             117.
             
          
           
             P.
             118.
             
             Of
             Mr.
             M's
             comparison
             between
             Scotland
             and
             Ireland
             ;
             and
             of
             the
             Annexation
             of
             Ireland
             to
             the
             Crown
             of
             
               Engl
               nd
            
             .
          
           
             P.
             147.
             
          
           
             Vid.
             Moor's
             Rep.
             
          
           
             Vid.
             Ben.
             Ab.
             in
             Bib.
             Cot.
             de
             Homagio
             Regis
             Scot.
             H.
             2.
             
          
           
             a
             Vid.
             Answ
             .
             to
             
               C.
               J.
               Herbert
            
             on
             the
             dispensing
             Power
             ;
             and
             particularly
             the
             Sherivalty
             of
             the
             County
             of
             N.
             for
             which
             some
             have
             supposed
             that
             the
             Statute
             in
             that
             case
             was
             dissensed
             with
             .
             A
             Comparison
             between
             Ireland
             and
             Wales
             .
          
           
             b
             Mr.
             M.
             M.
             165.
             
          
           
             c
             34
             H.
             8.
             c.
             13.
             
          
           
             D●●●s
             's
             Rep.
             f.
             41.
             b.
             
          
           
             Should
             be
             in
             the
             plural
             number
             .
          
           
             Davis
             f.
             67.
             le
             Case
             del
             County
             Palatine
             .
          
           
             F.
             67.
             
          
           
             Comparison
             between
             Ireland
             and
             the
             County
             Palatine
             of
             Chester
             .
          
           
             Rot.
             Pat.
             9.
             
             H.
             3.
             m.
             9.
             d.
             Rot.
             Pat.
             44.
             
             H.
             3.
             m.
             1.
             d.
             Pat.
             6.
             
             E.
             1.
             m.
             6.
             de
             1
             5ma
             in
             Com.
             Cestr
             .
             Pat.
             20.
             
             E.
             1.
             m.
             6.
             de
             1
             5ma
             Regi
             ,
             &c.
             
          
           
             P.
             148.
             
             Some
             object
             ,
             that
             Ireland
             is
             to
             be
             look'd
             upon
             only
             as
             a
             Colony
             from
             England
             .
          
           
             
               Year-book
               of
            
             E.
             2.
             f.
             613.
             
          
           
             *
             19
             H.
             6.
             
             F.
             12.
             b.
             4.
             
             Inst
             .
             F.
             212.
             
          
           
             †
             Vaughan's
             Rep
             ▪
             
          
           
             *
             Of
             the
             Jurisdiction
             of
             the
             
               King's
               Bench
            
             of
             England●ver
             ●ver
             that
             of
             Ireland
             .
          
           
             
               P.
               13.
               
               Vib.
               ib.
            
             the
             Lord
             Coke
             ,
             seems
             to
             infer
             from
             the
             subordination
             ,
             &c.
             
          
           
             
               P.
               13.
            
             
             Of
             the
             ordinary
             Jurisdiction
             of
             the
             K's
             Bench
             of
             England
             over
             that
             of
             Ireland
             .
          
           
             *
             P.
             164
             ,
             165.
             
          
           
             Interesse
             judiciis
             Curiae
             Regis
             .
          
           
             *
             Rot.
             Claus
             .
             37
             H.
             3.
             m.
             4
             ▪
             d.
             Hibn.
             
          
           
             Et
             mandatum
             est
             Justiciariis
             Hib●rniae
             quod
             rec●rda
             cum
             omnibus
             adm●iculis
             coram
             ●o
             venire
             faciant
             .
          
           
             Rot.
             Claus
             .
             37
             H.
             3.
             m.
             15
             ▪
             
          
           
             Recorda
             penes
             Remem
             .
             in
             scaccar
             .
             Placita
             coram
             Rege
             20
             E.
             1.
             
          
           
             Vid.
             inf
             .
             
               of
               Petitions
               in
               Parl.
            
             Temp.
             E.
             1.
             
          
           
             P.
             133.
             
          
           
             P.
             132.
             
          
           
             P.
             133.
             
          
           
             The
             ordinary
             Jurisdiction
             of
             the
             Lords
             ,
             and
             the
             
               King's
               Bench
            
             ,
             an
             incident
             to
             the
             Superiority
             of
             the
             Crown
             of
             England
             .
          
           
             *
             P.
             3.
             
          
           
             P.
             125
             ,
             126.
             
             Ro●
             .
             Parl.
             8
             H.
             6.
             
          
           
             Of
             the
             Annexation
             of
             Ireland
             to
             the
             Crown
             of
             England
             .
          
           
             P.
             41
             ,
             42.
             
          
           
             P.
             44.
             
          
           
             P.
             127.
             
             P.
             149.
             
             Vid.
             Davis
             Rep.
             f.
             61.
             citing
             28
             H.
             8.
             c.
             2.
             
             La
             corone
             d'
             engleterre
             en
             plusors
             auters
             Acts
             de
             Parl.
             est
             appel
             .
             Imperial
             Crown
             ,
             &
             la
             corone
             de
             Ireland
             est
             appendant
             ,
             a
             ceo
             28
             H.
             8.
             c.
             20.
             &
             unite
             &
             knit
             al.
             Imperial
             corone
             D'
             engleterre
             ,
             33
             H.
             1.
             c.
             1.
             
          
           
             33
             H.
             8.
             c.
             1.
             
          
           
             a
             2
             Eliz.
             c.
             1
             ,
             &
             ●
             .
             2.
             
          
           
             28
             H.
             8.
             c.
             2.
             
          
           
             28
             H.
             8.
             c.
             5.
             
          
           
             P.
             166.
             
          
           
             11
             Jac.
             1.
             c.
             1.
             
          
           
             10
             C.
             1.
             
             Sess
             .
             3.
             c.
             3.
             
          
           
             Q.
             Whether
             of
             England
             or
             Ireland
             ,
             neither
             being
             named
             .
          
           
             P.
             55.
             
          
           
             P.
             127.
             
          
           
             P.
             157.
             
          
           
             P.
             127.
             
          
           
             P.
             128.
             
          
           
             Vid.
             the
             printed
             Statute-Book
             ending
             with
             
               R.
               3.
            
             and
             Reflections
             upon
             a
             treasonable
             Opinion
             against
             signing
             the
             Association
             .
          
           
             In
             the
             beginning
             of
             the
             Statutes
             of
             
               H.
               7.
            
             in
             French.
             
          
           
             P.
             127.
             
          
           
             P.
             128.
             
          
           
             Stat.
             34
             &
             35
             H.
             8.
             c.
             3.
             
          
           
             1
             Eliz.
             c.
             1.
             
          
           
             P.
             83.
             
          
           
             The
             Power
             of
             England
             not
             departed
             from
             ,
             but
             duly
             exercised
             .
          
           
             P.
             57
             &
             58.
             
          
           
             P.
             62.
             
          
           
             P.
             63.
             
          
           
             P.
             40.
             
          
           
             *
             Vid.
             Bened.
             Ab.
             in
             Bib.
             Cott.
             &
             al.
             Author
             .
          
           
             Davis
             Rep.
             F.
             64.
             b.
             
          
           
             P.
             148.
             
          
           
             *
             Vid.
             leges
             W.
             1.
             de
             ●ide
             ▪
             &c.
             
             Regi
             domino
             ●uo
             .
          
           
             *
             Sandford's
             Genealogical
             Hist
             .
             referring
             to
             a
             Charter
             in
             the
             Cotton
             Library
             .
          
           
             Sigillum
             Johannis
             filii
             Regis
             ,
             domini
             Hiberniae
             .
          
           
             P.
             41.
             
          
           
             Vid.
             Sandford
             ,
             sup
             .
          
           
             *
             
               Polidore
               Virg.
            
             f.
             255.
             
             Habito
             concilio
             ,
             &c.
             de
             concilii
             sententia
             honoribus
             atque
             fortunis
             privatus
             .
             Thorn.
             in
             t
             .
             decem
             .
             script
             .
             col
             .
             1868.
             
             Fuit
             citatus
             ,
             accusatus
             ,
             &
             judicio
             coram
             paribus
             suis
             per
             eos
             legitimè
             tanquam
             proditor
             condemnatus
             .
             
               Mat.
               Par.
            
             Addit
             .
             f.
             281.
             
          
           
             b
             Ib.
             F.
             236.
             
             Oxoniam
             profectus
             ,
             &c.
             Johannem
             fil
             .
             totius
             Hiberniae
             regulum
             facit
             .
          
           
             c
             P.
             41
             ,
             42.
             
          
           
             a
             Rot.
             ●●t
             .
             9.
             
             J.
             p.
             1.
             m.
             2.
             n.
             8.
             
             Ad
             voluntatem
             &
             consilium
             dilector
             .
             &
             fidelium
             nostror
             .
             Com.
             W.
             Maresc
             .
             &
             Walt.
             de
             Lacey
             &
             al.
             Bar
             ▪
             nostrorum
             Hiberniae
             ,
             qui
             nobiscum
             fuerunt
             in
             Angl.
             &
             per
             consilium
             fidelium
             nostrorum
             in
             Angl.
             Quod
             latrones
             Hibern
             ▪
             expellantur
             de
             terra
             nostrâ
             Hibern
             ▪
             &c.
             
          
           
             b
             Annales
             de
             Margan
             .
             Ann.
             1210.
             
             Jo.
             11.
             f.
             14.
             
             Hostibus
             ex
             voto
             subactis
             .
          
           
             c
             Vid.
             ib.
             de
             Lacy
             Com.
             ultorum
             W.
             de
             Breusa
             Walt.
             de
             Lacy
             ,
             &c.
             
             Fecit
             con●isca●i
             omnia
             bona
             proscriptorum
             Principium
             quae
             multa
             fuerunt
             in
             Angl.
             in
             Wal.
             &
             Hibernia
             .
          
           
             *
             Pat.
             30.
             
             H.
             3.
             m.
             1.
             
             Quod
             omnes
             leges
             &
             con●uetudines
             quae
             in
             Regno
             Angl.
             tenentur
             ,
             in
             Hibern
             .
             teneantur
             ,
             &
             ●adem
             ter
             .
             eisdem
             legibus
             subjaceat
             ,
             &
             per
             easdem
             regatur
             ,
             sicut
             dominus
             R.
             J.
             cum
             ultimo
             esse●
             in
             Hibern
             .
             statuit
             &
             fieri
             mandavit
             .
          
           
             †
             P.
             58.
             
          
           
             *
             P.
             54.
             
          
           
             †
             Vid.
             Rot.
             Car●
             ▪
             16.
             
             Johannis
             .
             Rex
             Angliae
             ,
             Dominus
             Hibern
             .
             Dux
             Norm
             .
             &
             Aquitaniae
             ,
             Comes
             Audegav
             .
          
           
             Rot.
             claus
             .
             18
             H.
             3.
             m.
             27.
             
          
           
             𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁
             Regni
             nostri
             Angl.
             
          
           
             †
             Rot.
             Pat.
             21
             H.
             3.
             m.
             10.
             
          
           
             *
             Ad
             tractandum
             nobiscum
             ibidem
             super
             his
             &
             aliis
             statum
             nostrum
             ,
             &
             terrae
             nostrae
             Hibern
             .
             tangentibus
             .
          
           
             †
             Rot.
             Claus
             .
             37
             H.
             3.
             m.
             15.
             
             Firmiter
             ad
             fidem
             &
             servitium
             nost
             .
             &
             praedecessor
             .
             nostrorum
             Regum
             Angl.
             ad
             conquestum
             una
             cum
             Anglicis
             faciend
             .
             super
             Hibernienses
             .
          
           
             a
             Vid.
             Sir
             John
             Davis
             de
             Tanistry
             .
          
           
             b
             41
             H.
             3.
             m.
             11.
             
          
           
             c
             Dudum
             .
          
           
             d
             Multis
             retroactis
             temporibus
             ,
             
               which
               Mr.
            
             Pryn
             
               by
               mistake
               has
            
             omnibus
             .
          
           
             c
             Omnibus
             Anglicis
             terrae
             Hibern
             .
          
           
             Rot.
             Pat.
             18
             H.
             3.
             sup
             .
             Rex
             vult
             ut
             de
             communi
             consilio
             Regis
             provisum
             est
             quod
             omnes
             leges
             ,
             &c.
             
          
           
             g
             Annales
             Monast
             .
             Burton
             .
             f.
             411.
             
          
           
             a
             Rot.
             Claus
             .
             34
             H.
             3.
             m.
             7.
             d.
             
          
           
             b
             Annales
             Burton
             ,
             sup
             .
             In
             eod
             .
             Parl.
             apud
             Oxon.
             xxiv
             .
             electi
             ,
             viz.
             xii
             .
             ex
             parte
             domini
             Regis
             ,
             &
             totidem
             ex
             parte
             communitat●s
             .
          
           
             Rot.
             Claus
             .
             44
             H.
             3.
             m.
             18.
             do●so
             .
          
           
             c
             Rot.
             Claus
             .
             44
             H.
             3.
             dors
             .
             m.
             18.
             
          
           
             d
             Ibid.
             
          
           
             Object
             .
          
           
             P.
             45.
             
          
           
             a
             P.
             58.
             
          
           
             b
             P.
             47.
             
             Pat.
             1.
             
             H.
             3.
             m.
             13.
             intus
             .
          
           
             Ans●●
             .
          
           
             a
             Regno
             nostro
             Angl.
             concessis
             .
          
           
             b
             P.
             45.
             
          
           
             c
             P.
             46.
             
          
           
             d
             Vid.
             Inf.
             temp
             .
             E.
             1.
             &
             deinceps
             .
          
           
             P.
             45.
             
          
           
             Brady's
             Append
             .
             to
             his
             compleat
             History
             f.
             131.
             
             And
             shall
             have
             the
             Common
             Advice
             of
             the
             Kingdom
             concerning
             the
             Assessment
             of
             their
             Aids
             .
          
           
             F.
             52
             ,
             53.
             
             Claus
             .
             H.
             3.
             m.
             8.
             
          
           
             a
             De
             Majori
             consilio
             .
          
           
             b
             Vid.
             Rot.
             Claus
             .
             12.
             
             H.
             3.
             8.
             
             De
             legibus
             &
             consuetud
             .
             observandis
             in
             Hib.
             Cited
             p.
             52
             ,
             53.
             
          
           
             Grot.
             de
             Jure
             belli
             &
             pacis
             .
          
           
             a
             Quas
             distincte
             in
             Scriptum
             reductas
             .
          
           
             
               (
               b
            
             )
             Quz
             omnes
             tangunt
             ab
             omnibus
             tractari
             debent
             .
          
           
             
               (
               c
            
             )
             P.
             50
             ,
             51.
             3.
             
             H.
             3.
             
          
           
             Rot.
             Pat.
             37.
             
             H.
             3.
             pars
             2.
             m.
             10.
             
          
           
             P.
             58.
             
          
           
             Of
             the
             Authority
             of
             the
             parliaments
             of
             England
             ,
             exercised
             over
             Ireland
             in
             the
             time
             of
             
               E.
               1.
            
             
          
           
             a
             Rot.
             Claus
             .
             1.
             
             E.
             1.
             m.
             20.
             
             De
             conservatione
             pacis
             in
             Hibern
             .
          
           
             b
             Haereditario
             judicio
             .
          
           
             c
             Claus
             .
             1.
             
             E.
             1.
             m.
             11.
             
             Quia
             defuncto
             jam
             celeb●is
             memoriae
             Dom.
             H.
             Patre
             nostro
             ad
             nos
             reg●i
             gubernacu●um
             successione
             haereditariâ
             ac
             P●ocerum
             regni
             volu●tate
             &
             ●idelitate
             nobis
             p●aestit●
             sit
             de
             volutum
             .
          
           
             a
             P.
             96.
             
          
           
             b
             P.
             95.
             
          
           
             a
             P.
             58.
             
          
           
             a
             P.
             63.
             
          
           
             b
             P.
             64.
             
          
           
             d
             
               P
               :
               99
            
             Before
             the
             Year
             1641.
             there
             was
             no
             Statute
             made
             in
             England
             Introductory
             of
             a
             New
             Law
             ,
             &c.
             
          
           
             a
             P●yns
             Animad
             .
             f.
             256.
             13.
             
             E.
             1.
             m.
             5.
             ●e
             Statutis
             liberatis
             .
             Et
             Rot.
             Stat.
             
          
           
             Prynn
             omits
             Regis
             which
             is
             in
             the
             Record
             .
          
           
             
               (
               b
            
             )
             In
             Hiberniam
             deferenda
             &
             ibidem
             proclamanda
             &
             observands
             .
          
           
             a
             En
             tout
             ●on
             Royaume
             .
          
           
             b
             Ou
             de
             auter
             bon
             ville
             .
          
           
             c
             Per
             tout
             ●on
             Royaume
             D'Engleterre
             &
             D'Irland
             .
          
           
             a
             Prvnn's
             Animad
             .
             f.
             254.
             30
             
             H.
             3.
             m.
             1.
             
             Quia
             pro
             communi
             utilitate
             terrae
             Hiberniae
             &
             unitate
             terrarum
             Regis
             Rex
             vult
             ut
             de
             communi
             consilio
             Regis
             provisum
             est
             .
          
           
             b
             Vid.
             28
             E.
             3.
             
             &
             43
             E.
             3.
             c.
             1.
             
          
           
             P.
             99
             ,
             103
             ,
             105
             
          
           
             a
             
               Stat.
               of
            
             Gloster
             6.
             
             E.
             1.
             
          
           
             
               (
               b
            
             )
             Habet
             Rex
             consil
             .
             suum
             in
             Parl.
             suis
             .
          
           
             c
             Some
             Statutes
             made
             by
             the
             King
             ,
             the
             Prelates
             ,
             Earls
             ,
             Barons
             ,
             and
             his
             Council
             .
          
           
             a
             3.
             
             Inst
             .
             &
             Rot.
             Stat.
             de
             temp
             .
             E.
             1.
             
             E.
             2.
             
             E.
             3.
             
             Appellez
             les
             plus
             discres
             de
             son
             regne
             ,
             ausibien
             des
             g●eindrescome
             des
             meindres
             .
          
           
             b
             per
             sonconseil
             ,
             &
             per
             assentement
             des
             tout
             la
             Commonalty
             .
          
           
             c
             Vid.
             Regi●●
             .
             Brev.
             ed.
             An.
             1531.
             f.
             17.
             
             Quod
             siat
             coram
             nobis
             &
             consilio
             nostro
             in
             Parl.
             nostro
             un
             .
             Rot.
             Claus
             .
             17.
             
             E.
             1.
             pars
             m.
             8.
             
             Ad
             prox
             .
             Parl.
             post
             festum
             Paschae
             ,
             ut
             tunc
             inde
             Rex
             f●ci●t
             quod
             de
             consilio
             suo
             duxe●it
             ordinandum
             .
          
           
             a
             Rot.
             Parl.
             20.
             
             E.
             3.
             m.
             11.
             
          
           
             (
             b
             )
             Rot.
             Parl.
             21
             ,
             E.
             3
             m.
             9.
             s●avisera
             ove
             les
             Grants
             .
          
           
             c
             Rot.
             Stat.
             temps
             E
             1.
             
             E.
             2.
             
             E.
             3.
             
             Pur
             le
             amendment
             ,
             de
             son
             Royaume
             &
             pour
             plenere
             exhibitionde
             droit
             ,
             si
             come
             le
             profit
             de
             office
             regal
             demand
             .
          
           
             d
             Vid.
             the
             Stat.
             3.
             
             Inst
             .
          
           
             a
             West
             .
             2.
             13.
             
             E.
             1.
             
             Ann●
             1285.
             
             Printed
             Stat.
             
          
           
             (
             b
             )
             Stat.
             ed.
             An.
             1529
             Quaedam
             statuta
             ●
             opulo
             ●uo
             valde
             ▪
             necessaria
             ucilia
             edidit
             ,
             per
             quae
             populus
             ●uus
             Anglicus
             &
             Hybernicus
             suo
             regimine
             gubernatus
             .
          
           
             c
             Ad
             supletionem
             dict
             .
             Stat.
             
          
           
             Et
             Statuta
             edidit
             .
          
           
             Vid.
             Regist
             .
             Writs
             f.
             13.
             
             Quando
             uxor
             admittitur
             ad
             jus
             suum
             defendend
             .
             &
             f.
             16.
             
             De
             communi
             consilio
             Regni
             no●tri
             .
          
           
             P.
             81.
             
          
           
             a
             Priyn's
             Animad
             .
             on
             Lord
             Coke
             Pat.
             8
             E.
             1.
             m.
             13.
             
             Hib.
             Omnibus
             Anglicis
             terrae
             .
          
           
             Quod
             nobis
             &
             consilio
             n●to
             ro
             videbiturexpedire
             .
          
           
             a
             Davis
             Rep.
             f.
             21.
             h.
             Issint
             29
             E.
             1.
             quand
             per
             special
             ordinance
             del
             Roy
             ,
             &c.
             
          
           
             Rot.
             Stat.
             de
             temp
             .
             E.
             1.
             
             E.
             2.
             
             E.
             3.
             
             Johan
             Wogan
             ,
             Justice
             D●rland
             ,
             ou
             a
             son
             Lieutenant
             .
          
           
             Printed
             Stat.
             21
             E.
             1.
             c.
             ●
             .
             Record
             22
             E.
             1.
             
          
           
             
               Note
               a
               Stat.
            
             made
             in
             the
             21
             or
             22
             was
             not
             sent
             to
             Ireland
             till
             the
             27th
             .
          
           
             a
             Ryley's
             Placit●
             Parl.
             f.
             379.
             381
             ,
             382.
             
          
           
             a
             Pro
             Statu
             Co●onae
             Regiae
             nec
             non
             terrarum
             ipsius
             Regis
             Scotiae
             Walliae
             &
             Hiberniae
             .
          
           
             b
             Ex
             assensu
             Dom.
             Regis
             ac
             toto
             consilio
             Parliamenti
             .
          
           
             c
             Non
             permitterentur
             in
             Regno
             .
          
           
             Et
             mandatum
             est
             Principi
             Wallia
             &
             Com.
             Ce●t
             .
             &
             Cu●todi
             Scotiae
             &
             Justic
             .
             Hib.
             
          
           
             In
             ei●dem
             terris
             firmiter
             &
             inviolabiliter
             observari
             .
          
           
             Ordinatio
             pro
             Statu
             Hib.
             
               ●alsly
               supposed
               to
               have
               been
            
             17
             E.
             1.
             
          
           
             P.
             88.
             
          
           
             Stat.
             ed
             An.
             1529.
             
          
           
             P.
             88.
             
          
           
             P.
             89.
             
          
           
             Vid.
             Rot.
             Claus
             .
             18
             ▪
             
               E
               ▪
            
             1.
             m.
             8.
             
          
           
             Thes
             ▪
             &
             ●arsuis
             de
             siccio
             Dublin
             .
             Pro
             Othone
             de
             Grandison
             .
          
           
             a
             P.
             148.
             
          
           
             b
             P.
             155.
             
          
           
             P●t
             .
             18.
             
             E.
             1.
             m.
             13.
             
             De
             muraglo
             Dublin
             .
          
           
             Ordin
             .
             pro
             Statu
             Hib.
             c.
             2.
             
          
           
             P●t
             .
             18
             E.
             1.
             
             M.
             2.
             
          
           
             Nisi
             tempore
             gu●riae
             necessitas
             hoc
             deposcit
             .
          
           
             Has
             literas
             nost●as
             fieri
             fecimus
             patentes
             quamdiu
             nobis
             placue●it
             duratur
             '
          
           
             a
             Claus
             .
             17.
             
             E.
             1.
             
             M.
             4.
             
             Intus
             .
             Nota
             Oct.
             Martini
             ,
             
               is
               but
            
             2
             
               Days
               after
            
             .
          
           
             b
             P.
             89.
             
          
           
             c
             Claus
             .
             17.
             
             E.
             1.
             
             M.
             8.
             
             Usque
             ad
             proximum
             Parl.
             post
             Pasc●a
             ut
             tune
             inde
             Rex
             faciat
             quod
             de
             concilio
             suo
             duxerit
             ordinandum
             .
             Teste
             Edm.
             Com.
             Corn.
             Cons
             .
             Regis
             apud
             .
             West
             .
             5
             M●r●ii●
             
          
           
             a
             Claus
             .
             17.
             
             E.
             1.
             
             M.
             2.
             dorso
             Nobis
             ea
             in
             proxim
             .
             Parl.
             nostro
             referant
             
          
           
             b
             Quod
             veniant
             apud
             Westm
             .
             in
             Craft
             .
             instantis
             Festi
             Sancti
             Martini
             .
          
           
             That
             't
             is
             to
             be
             believed
             a
             parliament
             was
             holden
             
               17
               E.
               1.
            
             tho
             no
             Summons
             to
             it
             found
             .
          
           
             a
             Dugdale's
             Summons
             to
             the
             Nobility
             .
             That
             which
             be
             cites
             5
             E.
             1.
             i●
             a
             Summons
             to
             the
             Army
             .
          
           
             b
             Vid.
             Stat.
             e●
             .
             An.
             1529
             ▪
             p.
             21.
             
          
           
             Of
             A
             Summons
             to
             parliament
             18
             E.
             1.
             
          
           
             a
             Rot.
             Claus
             .
             18.
             
             E
             1.
             
             M.
             10.
             dorso
             .
          
           
             That
             ●it
             d
             by
             Dr.
             Brady
             is
             to
             the
             Sheriff
             of
             Westmorland
             .
          
           
             Dr.
             Bradie
             
               's
               Answ
            
             .
             p
             230.
             
             Dr.
             Bradie's
             Introduction
             to
             his
             Compleat
             History
             .
          
           
             a
             Ad
             instantiam
             Magnatum
             .
          
           
             b
             Et
             sci●●d●m
             est
             quod
             istud
             statutum
             ten●t
             lo●um
             deterris
             venditis
             tenend
             .
             in
             seodo
             simplici
             tantum
             .
          
           
             Quia
             emp●ores
             terrar
             .
             &c.
             There
             us'd
             to
             be
             Manucaptors
             for
             this
             purpose
             .
          
           
             Why
             so
             few
             Writs
             of
             Summons
             in
             those
             Times
             now
             to
             be
             found
             .
          
           
             a
             Vid.
             Lamb's
             Archaionom
             Leges
             St.
             
               Edw
               ▪
            
          
           
             b
             Rot.
             Claus
             .
             17.
             
             E.
             1.
             sup
             .
          
           
             Rot.
             Claus
             3.
             
             E.
             1.
             
             M.
             9.
             dorso
             in
             Prl.
             Quod
             circ●
             octobas
             R●su●●ectionis
             Domini
             celebra●●
             in
             Angliâ
             consuev●●
             .
          
           
             Commons
             included
             under
             Magnates
             .
          
           
             a
             Rot.
             Pat.
             1
             E.
             3.
             
             M.
             10.
             
          
           
             b
             Rot.
             Claus.
             2
             E.
             3.
             
             M.
             20.
             
          
           
             Walsingham
             ,
             F.
             126.
             
          
           
             c
             Tota
             regni
             nobilitas
             citata
             per
             prius
             ad
             Parl
             semend
             .
          
           
             b
             Rot
             Claus
             .
             4.
             
             H.
             4.
             n.
             ●9
             .
             Pur
             Monsieur
             Thomas
             Pomercy
             Chivalier
             .
             Tres
             honourables
             &
             Tressages
             Communes
             .
          
           
             
               (
               e
            
             )
             Rot.
             Parl.
             8.
             
             H.
             6.
             n.
             51.
             
             Tressages
             &
             Tres
             honourables
             .
          
           
             From
             the
             Mayor
             ,
             Aldermen
             and
             Commons
             of
             the
             City
             of
             
               London
               .
               Rot.
               Patl.
               3.
               
               H.
               5.
               pars
               1.
               n.
               ●
               Vid.
            
             Sup.
             of
             Cities
             and
             Boroughs
             .
          
           
             Vide
             sup
             .
          
           
             a
             Rot.
             Pat.
             17.
             
             E.
             3.
             p.
             1.
             m.
             20.
             dorso
             .
          
           
             Liberè
             &
             honorificè
             .
          
           
             a
             Pat.
             15.
             
             Jo.
             p●●
             .
             1.
             
             M.
             11
             Reddidimus
             He●
             de
             Tracy
             Baroniam
             de
             Bardestaple
             .
             ●b
             .
             Dotum
             honorem
             de
             Bardestaple
             .
          
           
             a
             Vid.
             Doom●-day
             de
             Norwic.
             
          
           
             a
             Not●
             ,
             What
             a
             small
             proportion
             this
             new
             Plantation
             of
             French
             bore
             to
             the
             1320
             Burgesses
             ,
             and
             yet
             some
             English
             were
             mix'd
             even
             among
             the
             French.
             Besides
             the
             French
             seem
             to
             have
             had
             but
             11
             added
             to
             their
             number
             from
             the
             Confessors
             time
             to
             the
             20th
             .
             of
             
               W.
               1.
            
             
          
           
             a
             Doomsday-Book
             TRE
             reddebat
             ,
             &c.
             
          
           
             
               (
               b
            
             )
             Rot.
             Cart.
             2.
             
             Jo.
             m.
             17.
             n.
             51.
             
          
           
             Rot.
             Pat.
             1●
             .
             E.
             2.
             m.
             5.
             
          
           
             Rot.
             Cl●us
             .
             14.
             
             Jo.
             m.
             8.
             d.
             
          
           
             Rot.
             Pat.
             15.
             
             Jo.
             m.
             3.
             n.
             8.
             
          
           
             Bundela
             P●t
             .
             Parl.
             de
             temp
             .
             E.
             1.
             
          
           
             a
             Coram
             to●o
             coasilio
             .
          
           
             a
             Vid.
             Davis
             Rep.
             le
             Case
             del
             County
             Pal.
             ●f
             .
             64.
             
             Cart.
             H.
             2.
             
             Hugoni
             de
             Lacy
             Com.
             pro
             serv
             .
             suo
             &
             terram
             in
             Midea
             cum
             omnibus
             p●●●in
             '
             per
             serv
             .
             50.
             militum
             sibi
             &
             haer
             .
             suis
             tenend
             .
             de
             me
             &
             haer
             .
             meis
             .
          
           
             Rot.
             de
             superioritate
             Maris
             26.
             
             E.
             1.
             
             Les
             Roys
             du
             dit
             Royaume
             du
             temps
             dount
             il
             n'a
             memore
             du
             contraire
             eussent
             este
             en
             paisible
             poss
             .
             de
             la
             Soveraign
             Seignorie
             ,
             de
             la
             meer
             Dengleterre
             ,
             &
             des●sles
             este●nts
             en
             y
             cel
             &
             q.
             l'Admiral
             ad
             jurisd
             .
             avec
             la
             con●uisance
             &
             justice
             &
             touts
             aut●es
             appe●tenant●
             ,
             &c.
             
          
           
             Of
             Ireland's
             being
             bound
             by
             the
             Parliaments
             of
             England
             in
             the
             time
             of
             E.
             2.
             
          
           
             Prynn
             
               's
               Animad
               .
               on
               Lord
               Coke
               f.
            
             262.
             10.
             
             E.
             2.
             
             Quod
             semel
             in
             Anno
             teneatur
             Parl.
             
          
           
             
               Stat.
               of
            
             York
             12
             E.
             2.
             
          
           
             Cap.
             6.
             
          
           
             Rot.
             Sat.
             de
             temp
             .
             E.
             1.
             
             E.
             2.
             
             E.
             3.
             
             Statuta
             missa
             fuerunt
             in
             Hib.
             ut
             in
             brevi
             subseq
             .
             continetur
             ,
             &
             liberata
             fuerunt
             Godf.
             filio
             Rog.
             una
             cum
             dict
             .
             brev
             .
             deferend
             .
          
           
             Pag.
             130.
             
          
           
             Pag.
             129.
             
          
           
             Rot.
             Stat.
             temp
             .
             E.
             1
             ▪
             E.
             2.
             
             E.
             3.
             
             M.
             30.
             
          
           
             Answer
             to
             Sir
             
               Richard
               Bolton's
            
             Marginal
             Note
             .
          
           
             P.
             63.
             64.
             
          
           
             Vid.
             Sup
             ▪
             
          
           
             Stat.
             Merton
             c.
             7.
             
             De
             Narratione
             in
             br●vi
             de
             recto
             ab
             antecessore
             a
             tempore
             Hen.
             Regis
             senioris
             .
          
           
             Vid.
             Sup.
             
          
           
             Mr.
             M.
             p.
             52.
             and
             53.
             
          
           
             Rot.
             Claus
             .
             
               12.
               
               H.
               3.
            
             
             De
             legibus
             &
             cons
             .
             observandis
             in
             Hib.
             
          
           
             
               Rot.
               Claus
            
             .
             20.
             
             H.
             3.
             m.
             13.
             
          
           
             Of
             Ireland's
             being
             bound
             by
             Parliaments
             of
             England
             ,
             in
             the
             Reign
             of
             E.
             3.
             
          
           
             a
             In
             forma
             Patenti
             .
          
           
             Vid.
             Rastals
             Collect.
             ed.
             Anno
             1572.
             
          
           
             a
             Rot.
             Stat.
             Mem.
             quod
             istud
             Stat.
             cum
             Stat.
             precedentibus
             temp
             .
             Regis
             E.
             ●3
             .
             Post
             conquestum
             missa
             sunt
             in
             Hiber
             .
             in
             formâ
             Patenti
             cum
             brevi
             seq
             .
          
           
             b
             Et
             quantum
             ad
             vos
             &
             populum
             nostrum
             illar
             .
             ter
             .
             attinet
             firmiter
             tene●i
             &
             observari
             fac
             .
          
           
             c
             Stat.
             11.
             
             E.
             3.
             c.
             2.
             
          
           
             P.
             68.
             
          
           
             a
             Rot.
             Parl.
             20.
             
             E.
             ●
             .
             Ut
             memini
             ,
             parte
             transcripti
             circa
             idem
             tempus
             amissâ
             .
          
           
             b
             N.
             33.
             
          
           
             c
             N.
             34.
             
          
           
             Note
             ,
             This
             was
             a
             disposing
             of
             Property
             .
          
           
             d
             N.
             37.
             
          
           
             e
             Resp
             .
             N.
             39.
             
          
           
             Stat.
             Stap.
             27.
             
             E.
             3.
             c.
             1.
             
             &
             .
             3.
             
          
           
             Note
             ,
             The
             Wisdom
             of
             that
             Law.
             
          
           
             27.
             
             E.
             3.
             c.
             7.
             
          
           
             Stat.
             25.
             
             E.
             3.
             
          
           
             Rot.
             Stat.
             M.
             15.
             
          
           
             For
             the
             Honour
             of
             God
             and
             of
             Holy
             Church
             ,
             and
             the
             Amendment
             of
             his
             Realm
             .
          
           
             a
             Rot.
             Stat.
             de
             temp
             .
             E.
             1.
             
             E.
             2.
             
             E.
             3.
             
             M.
             15.
             
             De
             Proclamatione
             Statuti
             .
          
           
             b
             Consimiles
             literae
             diriguntur
             Justic
             .
             Hib.
             mutatis
             mutandis
             sub
             eâdem
             datâ
             .
          
           
             P.
             161.
             
          
           
             Rot.
             Pat.
             17.
             
             R.
             2.
             p.
             1.
             m.
             34.
             
          
           
             The
             suppos'd
             
               Magna
               Charta
            
             for
             Parliaments
             in
             Ireland
             .
          
           
             Rot.
             Stat.
             ordinatione
             pro
             Statu
             .
             Hibn.
             
          
           
             
               (
               a
            
             )
             per
             Justiciar
             &
             Conciliumnostrum
             Hiberniae
             .
          
           
             b
             Statut.
             &
             artic
             .
             per
             nos
             in
             Parliamentis
             &
             aliis
             magnis
             consiliis
             ad
             utilitatem
             populi
             nri
             editor
             .
             &
             factor
             .
          
           
             *
             Juxta
             tenorem
             cujusdam
             Statuti
             per
             nos
             &
             consilium
             nostrum
             Angliae
             edit
             .
             &
             missi
             ad
             Hiberniam
             observand
             .
          
           
             b
             Sub
             gravi
             foris
             facturâ
             Prelati
             ,
             magnates
             communitates
             aut
             quivis
             alii
             ▪
             
          
           
             c
             Sub
             sigillo
             Cancellar
             .
             protempore
             existentis
             ad
             Justic
             .
             Cancel
             .
             &
             The●
             .
             nostris
             Hibern
             .
             transmittantur
             .
          
           
             d
             Vocatis
             ad
             se
             Cancel
             .
             &
             Thes
             .
             nris
             Hiberniae
             cum
             quibusdam
             Prel
             .
             &
             Comitibus
             quos
             evocandos
             noverit
             .
          
           
             e
             Ex
             certa
             causa
             sub
             sigil
             .
             Justic
             .
             &
             sibi
             associator
             .
          
           
             a
             P.
             161.
             
          
           
             b
             P.
             150.
             
          
           
             P.
             161.
             
          
           
             a
             V●d
             .
             R●t
             .
             〈◊〉
             t●mp
             .
             〈◊〉
             E.
             2.
             〈◊〉
             m.
             12.
             
          
           
             〈◊〉
             S●●t
             .
             ●
             .
             m.
             ●
             .
             〈◊〉
             36
             ▪
             E.
             1.
             
          
           
             〈…〉
             
          
           
             a
             In
             〈◊〉
             Parl.
             〈◊〉
             Westm
             .
          
           
             b
             P●r
             〈◊〉
             Regem
             &
             〈◊〉
             silium
             .
          
           
             c
             Eodem
             medo
             〈◊〉
             est
             〈◊〉
             vicecom
             ▪
             per
             Angl.
             〈◊〉
             Dunelm
             〈◊〉
             Pr.
             Wal●●
             Com.
             Ce●●●
             Rob.
             de
             〈◊〉
             Constab
             .
             〈◊〉
             Dover
             &
             〈◊〉
             stod
             .
             5
             〈◊〉
             Justic
             .
             〈◊〉
             
          
           
             d
             P.
             68.
             
             Of
             the
             fancy
             that
             the
             〈◊〉
             had
             representatives
             〈◊〉
             in
             Ireland
             ,
             〈◊〉
             sent
             from
             the
             〈◊〉
             to
             be
             〈◊〉
             of
             Parliament
             here
             .
          
           
             *
             P.
             95.
             
          
           
             †
             P.
             97.
             
          
           
             𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁𝄁
             P.
             98.
             
          
           
             Vid.
             Rot.
             Parl.
             de
             temp
             .
             E.
             3.
             
          
           
             *
             Vid.
             Rot.
             Pat.
             5.
             
             R.
             2.
             part
             2.
             m.
             19.
             
             
               Their
               Parliament
               required
               to
               send
               Nuncios
               .
            
          
           
             P.
             97.
             
          
           
             a
             Rot.
             claus
             .
             32
             H.
             3.
             m.
             6.
             d.
             Rex
             Baronibus
             Hiberniae
             .
          
           
             (
             c
             )
             Nuntil
             ex
             parte
             vestr●
             .
          
           
             b
             De
             nostrorum
             consilio
             .
          
           
             Ut
             eisdem
             articulis
             vobis
             diligenter
             expositis
             ,
             &c.
             
          
           
             Et
             nos
             praed
             .
             negotium
             ad
             nostrum
             &
             v●strum
             honorem
             effectui
             mancipare
             curabimus
             sine
             ex
             heredatione
             vestrâ
             .
          
           
             P.
             96.
             
          
           
             P.
             85
             ,
             98.
             
          
           
             Of
             the
             Statute
             of
             the
             Staple
             ,
             
               2
               H.
               6.
            
             and
             the
             Resolution
             of
             the
             Judges
             upon
             it
             .
          
           
             Pais
             du
             Roialm
             .
          
           
             P.
             90.
             
          
           
             Salve
             la
             Prerogative
             le
             Roy.
             
          
           
             3
             H.
             6.
             c.
             4.
             
          
           
             P.
             90.
             
          
           
             P.
             91.
             
          
           
             
               1
               H.
               7.
               
               Note
               .
               Ireland
            
             not
             named
             ,
             yet
             the
             Courts
             in
             Ireland
             certainly
             included
             .
          
           
             1
             H.
             7.
             f.
             3.
             
          
           
             Come
             bill
             .
             fait
             en
             temps
             le
             Roy
             que
             ore
             est
             .
          
           
             P.
             92
             ,
             93.
             
          
           
             Vid.
             Brook.
             tit
             .
             Parl.
             sec
             .
             90.
             
          
           
             
               P.
               118.
            
             
             Is
             Ireland's
             being
             named
             in
             an
             English
             Act
             of
             Parliament
             ,
             the
             least
             step
             towards
             the
             obtaining
             the
             consent
             of
             the
             people
             of
             Ireland
             ?
          
           
             P.
             157.
             
          
           
             P.
             155.
             
          
           
             a
             P.
             105.
             
          
           
             b
             From
             33
             H.
             8.
             
             An.
             1542.
             at
             soonest
             .
          
           
             *
             P.
             105.
             
          
           
             P.
             65
             ,
             66.
             
          
           
             P.
             68.
             
             Object
             .
          
           
             P.
             79.
             
          
           
             P.
             63
             ,
             64.
             
          
           
             Vid.
             sup
             .
             Davis
             f.
             21.
             b.
             
          
           
             An.
             1172.
             
          
           
             His
             politicks
             and
             seeming
             popular
             notions
             wrong
             ,
             and
             ●isapplyed
             .
          
           
             P.
             4.
             
          
           
             P.
             150
             ,
             151.
             
          
           
             P.
             152.
             
             
               Hooker
               l.
            
             1.
             sec
             .
             10.
             
          
           
             He
             adds
             ,
          
           
             P.
             24.
             
          
           
             P.
             20.
             
          
           
             P.
             21.
             
          
           
             Vid
             ▪
             P.
             143.
             
             The
             People
             of
             England
             ought
             to
             be
             fully
             repay'd
             .
          
           
             Prerog
             .
          
           
             P.
             166.
             
          
           
             P.
             166
             ,
             167.
             
          
           
             3.
             
             C.
             4.
             
             P.
             M.
             Vid.
             etiam
             Mr.
             M.
             p.
             160.
             
               of
               the
               Sta●
            
             .
             10.
             
             H.
             7.
             
          
           
             P.
             160.
             
          
           
             P.
             170.
             
          
           
             P.
             171.
             
          
           
             Pag.
             172.
             
          
           
             Of
             the
             Consequence
             in
             relation
             to
             Taxes
             .
          
           
             Pag.
             88
             ,
             89.
             
          
           
             Pag.
             105.
             
          
           
             Of
             the
             uncertainty
             what
             Authority
             to
             obey
             .
          
           
             Pag.
             58.
             
          
           
             Pag.
             16●
             .
          
           
             Of
             the
             supposed
             Inconvenience
             to
             
               England
               ▪
            
          
           
             Vid.
             Glanvil
             de
             Seditione
             Regis
             vel
             Regni
             inter
             crimina
             lesae
             Majestatis
             .
          
           
             Vid.
             Rot.
             Parl.
             temp
             .
             E.
             3.
             
             &
             H.
             5.