The case of Ireland's being bound by acts of Parliament in England stated by William Molyneux.
         Molyneux, William, 1656-1698.
      
       
         
           1698
        
      
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             The case of Ireland's being bound by acts of Parliament in England stated by William Molyneux.
             Molyneux, William, 1656-1698.
          
           [14], 174, p.
           
             Printed by Joseph Ray ...,
             Dublin :
             MDCXCVIII [1698]
          
           
             Reproduction of the original in the Huntington Library.
          
        
      
    
     
       
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           Ireland -- Politics and government.
        
      
    
     
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           THE
           CASE
           OF
           IRELAND's
           Being
           BOUND
           by
           Acts
           of
           Parliament
           IN
           ENGLAND
           ,
           Stated
           .
           BY
           
             William
             Molyneux
          
           ,
           of
           Dublin
           ,
           
             Esq
          
        
         
           Dublin
           ,
           Printed
           by
           
             Ioseph
             Ray
          
           ,
           and
           are
           to
           be
           Sold
           at
           his
           Shop
           in
           Skinner-Row
           .
           M
           DC
           XC
           VIII
           .
        
      
       
         
         
         
           TO
           THE
           KING
           .
        
         
           
             SIR
             ,
          
        
         
           THE
           Expedition
           Your
           MAJESTY
           Undertook
           into
           England
           ,
           to
           Rescue
           these
           Nations
           from
           Arbitrary
           Power
           ,
           and
           those
           Unjust
           Invasions
           that
           were
           made
           
           on
           our
           Religion
           ,
           Laws
           ,
           Rights
           and
           Liberties
           ,
           was
           an
           Action
           in
           it Self
           so
           Great
           ,
           and
           of
           such
           Immense
           Benefit
           to
           our
           Distressed
           Countries
           ,
           that
           't
           is
           Impossible
           to
           give
           it
           a
           Representation
           so
           Glorious
           as
           it
           Deserves
           .
           Of
           all
           Your
           Majesty's
           Kingdoms
           ,
           none
           was
           more
           Sensible
           of
           the
           Happy
           Effects
           thereof
           ,
           than
           Your
           
             Kingdom
             of
             Ireland
          
           ,
           which
           from
           the
           Depth
           of
           Misery
           and
           Despair
           ,
           is
           Raised
           by
           your
           Majesty
           to
           a
           Prosperous
           and
           Flourishing
           Condition
           .
           And
           we
           presume
           most
           humbly
           to
           Implore
           the
           Continuance
           of
           Your
           Majesty's
           Graces
           to
           us
           ,
           by
           Protecting
           
           and
           Defending
           those
           Rights
           and
           Liberties
           which
           we
           have
           Enjoy'd
           under
           the
           Crown
           of
           England
           for
           above
           Five
           Hundred
           Years
           ,
           and
           which
           some
           of
           late
           do
           Endeavour
           to
           Violate
           .
           Your
           most
           Excellent
           Majesty
           is
           the
           
             Common
             Indulgent
             Father
          
           of
           all
           your
           Countries
           ;
           and
           have
           an
           Equal
           Regard
           to
           the
           Birth-Rights
           of
           all
           Your
           Children
           ;
           and
           will
           not
           permit
           the
           Eldest
           ,
           because
           the
           Strongest
           ,
           to
           Encroach
           on
           the
           Possessions
           of
           the
           Younger
           :
           Especially
           considering
           with
           what
           Duty
           ,
           Loyalty
           ,
           and
           Filial
           Obedience
           ,
           we
           have
           ever
           behav'd
           our selves
           to
           Your
           Majesty
           :
           
           Insomuch
           that
           I
           take
           leave
           to
           Assert
           ,
           That
           Your
           Majesty
           has
           not
           in
           all
           Your
           Dominions
           a
           People
           more
           United
           and
           Steady
           to
           Your
           Interests
           ,
           than
           the
           
             Protestants
             of
             Ireland
          
           :
           Which
           has
           manifestly
           Appear'd
           in
           all
           our
           Actions
           and
           Parliamentary
           Proceedings
           ,
           since
           Your
           Majesty's
           Happy
           Accession
           to
           the
           Throne
           .
           To
           Relieve
           the
           Distress'd
           ,
           has
           ever
           been
           the
           Peculiar
           Character
           of
           Your
           Majesty's
           
             Glorious
             Family
          
           .
           The
           
             United
             Provinces
          
           have
           found
           this
           in
           Your
           
             Famous
             Ancestors
          
           :
           And
           all
           Europe
           has
           been
           Sensible
           of
           this
           in
           Your
           
             Royal
             Person
          
           .
           To
           this
           End
           more
           particularly
           
           You
           came
           into
           these
           Kingdoms
           ,
           as
           Your
           Majesty
           has
           been
           pleas'd
           to
           Declare
           :
           And
           as
           You
           have
           Establish'd
           the
           
             Rights
             and
             Liberties
             of
             England
          
           on
           a
           Foundation
           that
           ,
           we
           hope
           ,
           can
           
             never
             be
             shaken
          
           ;
           So
           we
           doubt
           not
           but
           Your
           Sacred
           Majesty
           will
           have
           a
           Tender
           Care
           of
           Your
           Poor
           
             Subjects
             of
             Ireland
          
           ,
           who
           are
           Equally
           Your
           Subjects
           ,
           as
           the
           rest
           of
           Your
           People
           .
        
         
           Pardon
           ,
           I
           most
           Humbly
           beseech
           Your
           Majesty
           ,
           my
           Presumption
           ,
           in
           Appealing
           to
           You
           on
           this
           Occasion
           :
           Nothing
           but
           the
           Dignity
           and
           Weight
           of
           the
           Subject
           ,
           can
           
           Excuse
           my
           Boldness
           herein
           :
           But
           if
           That
           be
           Consider'd
           ,
           it
           Deserves
           the
           Regard
           of
           the
           
             Greatest
             Prince
          
           ;
           'T
           is
           no
           less
           than
           the
           Rights
           and
           Liberties
           of
           one
           of
           His
           Kingdoms
           ,
           on
           which
           their
           Religion
           ,
           their
           Property
           ,
           their
           All
           Depends
           ;
           and
           which
           they
           have
           Enjoyed
           for
           Five
           Hundred
           Years
           past
           .
           This
           ,
           I
           think
           ,
           I
           have
           clearly
           shewn
           in
           the
           following
           Leaves
           :
           I
           am
           sure
           ,
           if
           my
           Management
           thereof
           ,
           were
           suitable
           to
           the
           Iustice
           of
           our
           Cause
           ,
           our
           Friends
           of
           England
           can
           no
           longer
           Doubt
           it
           .
        
         
         
           At
           Your
           Majesty's
           Feet
           therefore
           ,
           I
           throw
           it
           ;
           and
           with
           it
           the
           Unworthy
           Author
           thereof
           ,
        
         
           (
           May
           it
           please
           Your
           Majesty
           )
        
         
           
             Your
             Majesty's
             Most
             Dutiful
             ,
             Loyal
             ,
             and
             Obedient
             Subject
             and
             Servant
             ,
             William
             Molyneux
             .
          
        
      
       
         
         
         
           PREFACE
           TO
           THE
           READER
           .
        
         
           
             I
             Have
             nothing
             to
             Offer
             in
             this
             Preface
             ,
             more
             than
             to
             let
             the
             Reader
             know
             ,
             how
          
           Unconcern'd
           
             I
             am
             in
             any
             of
             those
             Particular
             Inducements
             ,
             which
             might
          
           seem
           
           
             at
             this
             Iuncture
             to
             have
             Occasion'd
             the
             following
             Discourse
             .
          
        
         
           
             I
             have
             not
             any
             Concern
             in
          
           Wooll
           ,
           
             or
             the
          
           Wooll-Trade
           .
           
             I
             am
             no
             wise
             Interested
             in
             the
          
           Forfeitures
           ,
           or
           Grants
           .
           
             I
             am
             not
             at
             all
             Solicitous
             ,
             whether
             the
          
           Bishop
           ,
           or
           Society
           of
           Derry
           
             Recover
             the
             Land
             they
             Contest
             about
             .
          
        
         
           
             So
             that
             ,
             I
             think
             ,
             I
             am
             as
          
           Free
           
             from
             any
          
           Personal
           Prejudice
           
             in
             this
             Cause
             ,
             as
             't
             is
             possible
             to
             Expect
             any
             Man
             should
             be
             ,
             that
             has
             an
          
           Estate
           and
           Property
           
             in
             this
             Kingdom
             ,
             and
             who
             is
             a
          
           Member
           of
           Parliament
           
             there
             in
             .
             I
             hope
             therefore
             't
             is
             a
          
           Publick
           
           Principle
           
             that
             has
             mov'd
             me
             to
             this
             Undertaking
             :
             I
             am
             sure
             ,
             I
             am
             not
             Conscious
             to
             my Self
             of
             any
             other
             Intention
             .
          
        
         
           
             I
             have
             heard
             it
             has
             been
             said
             ,
             That
             perhaps
             I
             might
             run
             some
          
           Hazard
           
             in
             Attempting
             this
             Argument
             ;
             But
             I
             am
             not
             at
             all
             Apprehensive
             of
             any
             such
             Danger
             :
             We
             are
             in
             a
             Miserable
             Condition
             indeed
             ,
             if
             we
             may
             not
             be
             Allow'd
             to
          
           Complain
           ,
           
             when
             we
             think
             we
             are
             Hurt
             ;
             and
             to
             give
             our
             Reasons
             with
             all
          
           Modesty
           and
           Submission
           .
           
             But
             were
             it
             otherwise
             ,
             it
             would
             not
             in
             the
             least
             Affect
             ,
             or
             Discourage
             me
             in
             an
             Attempt
             ,
             where
             I
             think
             my
             Cause
             Good
             ,
             and
             my
             Country
          
           
           
             Concern'd
             ,
             and
             where
             I
             am
             fully
             perswaded
             ,
             the
          
           True
           Interest
           of
           England
           
             is
             as
             Deeply
             Engaged
             ,
             as
             the
          
           Protestant
           Interest
           of
           Ireland
           .
        
         
           
             The
             Great
             and
          
           Just
           Council
           of
           England
           
             freely
             Allow●…
             all
             Addresses
             of
             this
             sort
             T●…
          
           Receive
           
             and
             Hear
          
           Grievances
           
             is
             a
             great
             part
             of
             their
             Business
             ;
             and
             to
          
           Redress
           
             them
             ,
             is
             their
             Chief
          
           Glory
           .
           
             But
             this
             is
             no
             to
             be
             done
             ,
             till
             they
             are
             laid
             before
             them
             ,
             and
             fairly
             Stated
             for
             their
             Consideration
             .
          
        
         
           
             This
             I
             have
             endeavour'd
             〈◊〉
             the
             following
             Paper
             .
             What
             S●…cess
             it
             may
             have
             ,
             I
             am
             not
             ve●…
          
           
           
             solicitous
             about
             .
             I
             have
             Done
             what
             I
             thought
             was
             my
             Duty
             ,
             and
             Commit
             the
             Event
             to
          
           GOD
           Almighty
           ,
           
             and
             the
          
           Wise
           Council
           of
           England
           .
        
         
           
             Dublin
             ,
             Febr.
             8.
             7
             1698.
             
          
           
             W.
             MOLYNEUX
             .
          
        
      
    
     
       
         
         
         
           The
           CASE
           OF
           IRELAND's
           Being
           Bound
           by
           Acts
           of
           Parliament
           IN
           ENGLAND
           ,
           STATED
           .
        
         
           I
           HAVE
           ever
           been
           se
           
           fully
           perswaded
           of
           the
           strict
           Justice
           of
           the
           Parliament
           of
           England
           ,
           that
           I
           could
           never
           think
           that
           any
           of
           Their
           Proceedings
           ,
           which
           might
           seem
           to
           have
           the
           least
           Tendency
           to
           Hardship
           on
           their
           Neighbours
           ,
           could
           arise
           from
           any
           thing
           but
           want
           of
           Due
           Information
           ,
           and
           a
           right
           State
           of
           the
           
           Business
           under
           their
           Consideration
           .
           The
           want
           of
           which
           ,
           in
           Matters
           wherein
           another
           People
           are
           chiefly
           Concern'd
           ,
           is
           no
           Defect
           in
           the
           Parliament
           of
           England
           ,
           but
           is
           highly
           Blameable
           in
           the
           Persons
           whose
           Affair
           is
           Transacting
           ,
           and
           who
           permit
           that
           Illustrious
           Body
           of
           Senators
           to
           be
           Mis-inform'd
           ,
           without
           giving
           them
           that
           Light
           that
           might
           Rectifie
           them
           .
        
         
           I
           could
           never
           Imagine
           that
           those
           Great
           Assertors
           of
           their
           
             Own
             Liberties
          
           and
           Rights
           ,
           could
           ever
           think
           of
           making
           the
           least
           Breach
           in
           the
           Rights
           and
           Liberties
           of
           
             their
             Neighbours
          
           ,
           unless
           they
           thought
           that
           they
           had
           Right
           so
           to
           do
           ;
           and
           this
           they
           might
           well
           surmise
           ,
           if
           their
           Neighbours
           quietly
           see
           their
           Inclosures
           Invaded
           ,
           without
           Expostulating
           the
           Matter
           at
           least
           ,
           and
           shewing
           Reasons
           ,
           why
           they
           may
           think
           that
           Hardships
           are
           put
           upon
           them
           therein
           .
        
         
           The
           Consideration
           hereof
           has
           Excited
           me
           to
           undertake
           this
           Disquisition
           ,
           which
           I
           do
           with
           all
           Imaginable
           Diffidence
           of
           my
           own
           Performance
           ,
           and
           with
           the
           most
           profound
           
           Respect
           and
           Deference
           to
           that
           August
           Senate
           .
           The
           present
           Juncture
           of
           Affairs
           ,
           when
           the
           Business
           of
           Ireland
           is
           under
           the
           Consideration
           of
           both
           Houses
           of
           the
           English
           Parliament
           ,
           *
           seems
           to
           require
           this
           from
           some
           Person
           ;
           and
           seeing
           all
           Others
           silent
           ,
           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
           :
           Liberty
           seems
           the
           Inherent
           Right
           of
           all
           Mankind
           ;
           and
           on
           whatsoever
           Ground
           any
           one
           Nation
           can
           Challenge
           it
           to
           themselves
           ,
           on
           the
           same
           Reason
           may
           the
           Rest
           of
           
           Adam's
           Children
           Expect
           it
           .
        
         
           If
           what
           I
           Offer
           herein
           seems
           to
           carry
           any
           Weight
           ,
           in
           relation
           to
           my
           own
           Poor
           Country
           ,
           I
           shall
           be
           abundantly
           happy
           in
           the
           Attempt
           :
           But
           if
           after
           all
           ,
           the
           Great
           Council
           of
           England
           Resolve
           the
           contrary
           ,
           〈◊〉
           shall
           then
           believe
           my self
           to
           be
           ●…n
           an
           Error
           ,
           and
           with
           the
           lowest
           Submission
           ask
           Pardon
           for
           my
           Assurance
           .
           However
           ,
           I
           humbly
           presume
           I
           shall
           not
           be
           hardly
           Censur'd
           
           by
           them
           ,
           for
           offering
           to
           lay
           before
           them
           a
           fair
           State
           of
           our
           Case
           ,
           by
           such
           Information
           as
           I
           can
           procure
           ;
           especially
           when
           at
           the
           same
           time
           I
           declare
           my
           Intention
           of
           a
           Submissive
           Acquiescence
           in
           whatever
           they
           Resolve
           for
           or
           against
           what
           I
           Offer
           .
        
         
           The
           Subject
           therefore
           of
           our
           
           present
           Disquisition
           shall
           be
           ,
           
             How
             far
             the
             Parliament
             of
          
           England
           
             may
             think
             it
             Reasonable
             to
             intermeddle
             with
             the
             Affairs
             of
          
           Ireland
           ,
           
             and
             Bind
             us
             up
             by
             Laws
             made
             in
             their
             House
             .
          
        
         
           And
           seeing
           the
           Right
           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
          
           ;
           We
           shall
           Enquire
           into
           the
           following
           Particulars
           .
        
         
           (
           1.
           )
           First
           ,
           How
           Ireland
           became
           a
           Kingdom
           Annex'd
           to
           the
           Crown
           of
           England
           .
           And
           here
           we
           shall
           at
           large
           give
           a
           faithful
           Narrative
           of
           the
           
             First
             Expedition
             of
             the
             Britains
          
           into
           this
           Country
           ,
           and
           King
           
           Henry
           the
           Second's
           Arrival
           here
           ,
           such
           as
           our
           best
           Historians
           give
           us
           .
        
         
           (
           2.
           )
           Secondly
           ,
           We
           shall
           Enquire
           ,
           Whether
           this
           Expedition
           ,
           and
           the
           English
           Settlement
           that
           afterwards
           follow'd
           thereon
           ,
           can
           properly
           be
           call'd
           a
           Conquest
           ?
           Or
           whether
           any
           Victories
           obtain'd
           by
           the
           English
           ,
           in
           any
           succeeding
           Ages
           in
           this
           Kingdom
           ,
           upon
           any
           Rebellion
           ,
           may
           be
           call'd
           a
           Conquest
           thereof
           ?
        
         
           (
           3.
           )
           Thirdly
           ,
           Granting
           that
           it
           were
           a
           Conquest
           ,
           we
           shall
           Enquire
           what
           Title
           a
           Conquest
           gives
           .
        
         
           (
           4.
           )
           Fourthly
           ,
           We
           shall
           Enquire
           what
           Concessions
           have
           been
           from
           time
           to
           time
           made
           to
           Ireland
           ,
           to
           take
           off
           what
           even
           the
           most
           Rigorous
           Assertors
           of
           a
           Conquerour's
           Title
           do
           pretend
           to
           .
           And
           herein
           we
           shall
           shew
           by
           what
           Degrees
           the
           English
           Form
           of
           Government
           ,
           and
           the
           English
           Statute-Laws
           ,
           came
           to
           be
           received
           among
           us
           :
           And
           this
           shall
           appear
           ,
           to
           be
           wholly
           by
           the
           Consent
           of
           the
           People
           and
           Parliament
           of
           Ireland
           .
        
         
         
           (
           5.
           )
           Fifthly
           ,
           We
           shall
           Enquire
           into
           the
           Precedents
           and
           Opinions
           of
           the
           Learned
           in
           the
           Laws
           ,
           relating
           to
           this
           Matter
           ,
           with
           Observations
           thereon
           .
        
         
           (
           6.
           )
           Sixthly
           ,
           We
           shall
           Consider
           the
           Reasons
           and
           Arguments
           that
           may
           be
           farther
           Offered
           on
           one
           side
           and
           t'other
           ;
           and
           shall
           Draw
           some
           General
           Conclusions
           from
           the
           Whole
           .
        
         
           As
           to
           the
           First
           ,
           We
           shall
           find
           
           the
           History
           of
           the
           First
           Expedition
           of
           the
           English
           into
           Ireland
           ,
           to
           be
           briefly
           thus
           :
           In
           the
           Reign
           of
           King
           Henry
           the
           Second
           ,
           
             Dermot
             Fitzmurchard
          
           ,
           commonly
           called
           Mac-Morrogh
           ,
           Prince
           of
           Leinster
           ,
           who
           was
           a
           Man
           Cruel
           and
           Oppressive
           ,
           after
           many
           Battels
           with
           other
           Princes
           of
           Ireland
           ,
           and
           being
           Beaten
           and
           put
           to
           Flight
           by
           them
           ,
           Apply'd
           for
           Relief
           to
           King
           Henry
           the
           Second
           ,
           who
           was
           then
           busied
           in
           Aquitain
           ;
           the
           King
           was
           not
           then
           in
           such
           Circumstances
           as
           to
           afford
           him
           much
           Help
           :
           However
           thus
           much
           he
           did
           for
           him
           ,
           
           By
           Letters
           Patents
           he
           granted
           License
           to
           all
           his
           Subjects
           throughout
           his
           Dominions
           ,
           to
           Assist
           the
           said
           Prince
           to
           Recover
           his
           Dominions
           .
           These
           Letters
           Patents
           are
           to
           be
           seen
           in
           *
           
             Giraldus
             Cambrensis
          
           ,
           who
           was
           Historiographer
           and
           Secretary
           to
           King
           Hen.
           II.
           and
           Accompanied
           him
           in
           his
           Expedition
           into
           Ireland
           ,
           and
           from
           him
           it
           is
           that
           we
           have
           this
           Relation
           .
           The
           
             Irish
             Prince
          
           brought
           these
           Letters
           into
           England
           ,
           and
           caused
           them
           to
           be
           Read
           in
           the
           Audience
           of
           many
           People
           ;
           Beating
           up
           ,
           as
           it
           were
           ,
           for
           Voluntiers
           and
           free
           Adventurers
           into
           Ireland
           .
           At
           length
           ,
           Richard
           Earl
           of
           Strigul
           (
           now
           Chepstow
           in
           Monmouthshire
           )
           Son
           of
           Earl
           Gilbert
           ,
           call'd
           Strongbow
           ,
           Agreed
           with
           him
           ,
           to
           Assist
           him
           in
           the
           Recovery
           of
           his
           Country
           ,
           on
           Condition
           that
           Dermot
           should
           give
           him
           his
           Eldest
           Daughter
           in
           Marriage
           ,
           and
           his
           Kingdom
           of
           Leinster
           after
           his
           Death
           .
           About
           the
           same
           time
           
             Robert
             Fitz-Stephen
          
           ,
           Governour
           of
           Aberlefie
           in
           Wales
           ,
           Agreed
           likewise
           with
           Dermot
           to
           help
           him
           ,
           on
           Condition
           that
           he
           would
           grant
           to
           him
           and
           
             Maurice
             Fitzgerald
          
           in
           Fee
           
           the
           City
           of
           Wexford
           ,
           with
           two
           Cantreds
           or
           Hundreds
           of
           Land
           near
           adjoyning
           .
        
         
           These
           Adventurers
           afterwards
           went
           over
           ,
           and
           were
           successful
           in
           Treating
           with
           the
           Irish
           ,
           and
           Taking
           
             Wexford
             ,
             Waterford
             ,
             Dublin
          
           ,
           and
           other
           Places
           .
           Whereupon
           Earl
           
             Richard
             Strongbow
          
           married
           
           Dermot's
           Daughter
           ,
           and
           according
           to
           Compact
           ,
           succeeded
           him
           in
           his
           Kingdom
           .
        
         
           A
           little
           after
           the
           Descent
           of
           these
           
           Adventurers
           ,
           King
           Henry
           II.
           himself
           went
           into
           Ireland
           with
           an
           Army
           ,
           in
           November
           1172.
           and
           finding
           that
           his
           Subjects
           of
           England
           had
           made
           a
           very
           good
           hand
           of
           their
           Expedition
           ,
           he
           obtain'd
           from
           Earl
           
             Richard
             Strongbow
          
           a
           Surrender
           of
           Dublin
           ,
           with
           the
           Cantreds
           adjoyning
           ,
           and
           all
           the
           Maritine
           Towns
           and
           Castles
           .
           But
           Strongbow
           and
           his
           Heirs
           were
           to
           Enjoy
           the
           Residue
           of
           
           Dermot's
           Principality
           .
        
         
           King
           Hen.
           II.
           Landed
           at
           Waterford
           
           from
           Milford
           in
           Pembrookshire
           ,
           and
           staying
           there
           some
           few
           days
           ,
           
           (
           says
           
             Giraldus
             Cambrensis
             )
             Rex
             Corcagiensis
             Dormitius
             advenit
             ei
             ,
             &
             tam
             Subjectionis
             vinculo
             quam
             fidelitatis
             Sacramento
             Regi
             Anglorum
             se
             sponte
             submisit
             .
             He
             freely
             swore
             Fealty
             and
             Subjection
             to
             the
             King
             of
             England
             .
          
        
         
           From
           thence
           he
           went
           to
           Lismore
           ,
           and
           thence
           to
           Cashel
           ,
           where
           Dunaldus
           King
           of
           
             Lymerick
             ,
             se
             quoque
             fidelem
             Regi
             exhibuit
             .
          
           The
           like
           did
           all
           the
           Nobility
           and
           Princes
           in
           the
           South
           of
           Ireland
           .
        
         
           Afterwards
           he
           marched
           to
           Dublin
           ,
           and
           there
           the
           Princes
           of
           the
           Adjacent
           Countries
           came
           to
           him
           ,
           
             &
             sub
             Fidelitatis
             &
             Subjectionis
             obtentu
             a
             Rege
             Pacem
             impetrabant
             .
          
           Thus
           Cambrensis
           in
           his
           
             Hibernia
             Expugnata
          
           ;
           and
           there
           he
           mentions
           the
           several
           Princes
           that
           came
           in
           ,
           vizt
           .
           Macshaghlin
           King
           of
           
             Ophaly
             ,
             O
             Carrol
          
           King
           of
           Uriel
           (
           now
           
             Lowth
             )
             O
             Rourk
          
           King
           of
           
             Meath
             ,
             Rotherick
             O
             Connor
          
           King
           of
           Connaught
           ,
           and
           Monarch
           as
           it
           were
           of
           the
           whole
           Island
           ,
           with
           divers
           others
           ,
           
             qui
             firmissimis
             fidelitatis
             &
             subjectionis
             vinculis
             Domino
             Regi
             innodarunt
             &
             in
          
           
           
             singulari
             Rotherico
             Conactiae
             Principe
             tanquam
             Insulae
             Monarchâ
             subditi
             redduntur
             universi
             ,
             nec
             alicujus
             fere
             in
             Insula
             vel
             nominis
             vel
             ominis
             erat
             qui
             Regiae
             Majestati
             &
             Debitam
             Domino
             Reverentiam
             ,
             non
             exhiberet
             .
          
        
         
           The
           same
           Relation
           we
           have
           from
           
             Roger
             Hoveden
          
           (
           Annal.
           parsposter
           .
           fol.
           301.
           )
           About
           the
           Kalends
           of
           November
           1172.
           (
           saith
           he
           )
           King
           Henry
           II.
           of
           England
           ,
           took
           Shipping
           for
           Ireland
           at
           Milford
           ,
           and
           Landed
           at
           
             Waterford
             ,
             &
             ibi
             venerunt
             ad
             eum
             Rex
             Corcagiensis
             ,
             Rex
             de
             Lymerick
             ,
             Rex
             de
             Oxenie
             ,
             Rex
             Midiae
             ,
             &
             fere
             omnes
             Hiberniae
             Potentes
             .
          
           And
           a
           little
           afterwards
           in
           the
           same
           place
           speaking
           of
           King
           Henry
           the
           Second's
           being
           at
           
             Waterford
             ,
             ibidem
             venerunt
             ad
             Regem
             Angliae
             omnes
             Archiepiscopi
             ,
             Episcopi
             ,
             &
             Abbates
             totius
             Hiberniae
             ,
             &
             receperunt
             eum
             in
             Regem
             &
             Dominum
             Hiberniae
             jurantes
             ei
             &
             heredibus
             suis
             Fidelitatem
             &
             Regnandi
             super
             eos
             Potestatem
             in
             perpetuum
             &
             inde
             Dederunt
             ei
             Chartas
             suas
             .
             Exemplo
             autem
             Clericorum
             predicti
             Reges
             &
             Principes
             Hiberniae
             receperunt
             simili
             modo
             Henricum
             Regem
             Angliae
             in
          
           
           
             Dominum
             &
             Regem
             Hiberniae
             ,
             &
             sui
             devenerunt
             ,
             &
             ei
             &
             Heredibus
             suis
             Fidelitatem
             contra
             omnes
             Iuraverunt
             .
          
        
         
           
             Matthew
             Paris
          
           likewise
           in
           his
           History
           speaking
           of
           King
           Hen.
           II.
           being
           in
           Ireland
           ,
           saith
           ,
           
             Archiepiscopi
             &
             Episcopi
             ipsum
             in
             Regem
             &
             Dominum
             receperunt
             ,
             &
             ei
             Fidelitatem
             &
             Homagium
             Iuraverunt
             .
          
        
         
           
             Iohn
             Brampton
          
           Abbot
           of
           Iorna●…
           in
           his
           
             Historia
             Iornalensi
          
           ,
           pag.
           1070.
           speaking
           of
           Hen.
           II.
           hath
           these
           words
           ,
           
             Recepit
             ab
             unoquoque
             Archiepiscopo
             &
             Episcopo
             Hiberniae
             Literas
             cum
             Sigillis
             suis
             in
             modum
             Chartae
             pendentibus
             ,
             Regnum
             Hiberniae
             sibi
             &
             Haeredibus
             suis
             Confirmantes
             ,
             &
             Testimonium
             perhibentes
             ipsos
             in
             Hibernia
             eum
             &
             Heredes
             suos
             sibi
             in
             Reges
             &
             Dominos
             in
             perpetuum
             Constituisse
             .
          
           All
           the
           
             Archbishops
             ,
             Bishops
          
           ,
           and
           Abbots
           of
           Ireland
           came
           to
           the
           King
           of
           England
           ,
           and
           Received
           him
           for
           King
           and
           Lord
           of
           Ireland
           ,
           swearing
           Fealty
           to
           him
           and
           his
           Heirs
           for
           ever
           .
           The
           Kings
           also
           and
           Princes
           of
           Ireland
           ,
           did
           in
           like
           manner
           Receive
           Henry
           
           King
           of
           England
           ,
           for
           Lord
           of
           Ireland
           ,
           and
           became
           his
           Men
           ,
           and
           did
           him
           Homage
           ,
           and
           swore
           Fealty
           to
           him
           and
           his
           Heirs
           against
           all
           Men.
           And
           he
           received
           Letters
           from
           them
           with
           their
           Seals
           pendent
           in
           manner
           of
           Charters
           ,
           confirming
           the
           Kingdom
           of
           Ireland
           to
           him
           and
           his
           Heirs
           ;
           and
           Testifying
           ,
           that
           they
           in
           Ireland
           had
           Ordain'd
           him
           and
           his
           Heirs
           to
           be
           their
           King
           and
           Lord
           of
           Ireland
           for
           ever
           .
           After
           which
           ,
           he
           return'd
           into
           England
           in
           April
           following
           ,
           
             vizt
             .
             April
          
           1173.
           
        
         
           I
           come
           now
           to
           Enquire
           into
           our
           Second
           Particular
           proposed
           ,
           Viz.
           
           Whether
           Ireland
           might
           be
           properly
           said
           to
           be
           
           Conquer'd
           by
           King
           Henry
           the
           Second
           ,
           or
           by
           any
           other
           Prince
           in
           any
           succeeding
           Rebellion
           .
           And
           here
           we
           are
           to
           understand
           by
           Conquest
           ,
           an
           
             Acquisition
             of
             a
             Kingdom
             by
             Force
             of
             Arms
             ,
             to
             which
             ,
             Force
             likewise
             has
             been
             Opposed
             ,
          
           if
           we
           are
           to
           understand
           Conquest
           in
           any
           other
           sense
           ,
           I
           see
           not
           of
           what
           Use
           it
           can
           be
           made
           against
           Irelands
           being
           a
           Free
           Country
           .
           I
           know
           Conquestus
           signifies
           a
           Peaceable
           Acquisition
           ,
           as
           well
           as
           an
           Hostile
           
           Subjugating
           of
           an
           Enemy
           .
           Vid.
           Spelman's
           Glos.
           And
           in
           this
           sense
           William
           the
           First
           is
           call'd
           the
           Conquerour
           ,
           and
           many
           of
           our
           Kings
           have
           used
           the
           Epocha
           
             post
             Conquestum
          
           .
           And
           so
           likewise
           Henry
           the
           Second
           stiled
           himself
           
             Conquestor
             &
             Dominus
             Hiberniae
          
           ;
           but
           that
           His
           Conquest
           was
           no
           violent
           Subjugation
           of
           this
           Kingdom
           ,
           is
           manifest
           from
           what
           foregoes
           :
           For
           here
           we
           have
           an
           Intire
           and
           Voluntary
           Submission
           of
           all
           the
           Ecclesiastical
           and
           Civil
           States
           of
           Ireland
           ,
           to
           King
           Henry
           II.
           without
           the
           least
           Hostile
           Stroke
           on
           any
           side
           ;
           We
           hear
           not
           in
           any
           of
           the
           Chronicles
           of
           any
           Violence
           on
           either
           Part
           ,
           all
           was
           Transacted
           with
           the
           greatest
           Quiet
           ,
           Tranquility
           ,
           and
           Freedom
           ,
           imaginable
           .
           I
           doubt
           not
           but
           the
           Barbarous
           People
           of
           the
           Island
           at
           that
           time
           were
           struck
           with
           Fear
           and
           Terror
           of
           King
           Hen.
           Il's
           Powerful
           Force
           which
           he
           brought
           with
           him
           :
           but
           still
           their
           Easie
           and
           Voluntary
           Submissions
           Exempts
           them
           from
           the
           Consequents
           of
           an
           
             Hostile
             Conquest
          
           ,
           whatever
           they
           are
           ;
           where
           there
           is
           no
           Opposition
           ,
           
             such
             a
             Conquest
          
           can
           take
           no
           place
           .
        
         
         
           I
           have
           before
           taken
           Notice
           of
           Henry
           the
           Il's
           using
           the
           Stile
           of
           
             Conquestor
             Hiberniae
          
           ;
           *
           I
           presume
           no
           Argument
           can
           be
           drawn
           from
           hence
           ,
           for
           
           Ireland's
           being
           a
           Conquer'd
           Country
           ;
           for
           we
           find
           that
           many
           of
           the
           Kings
           of
           England
           have
           used
           the
           Aera
           of
           
             post
             Conquestum
             ;
             Edward
          
           the
           Third
           was
           the
           first
           that
           used
           it
           in
           England
           ,
           and
           we
           frequently
           meet
           with
           
             Henricus
             post
             Conquestum
             Quartus
          
           ,
           &c.
           as
           taking
           the
           Norman
           Invasion
           of
           William
           the
           First
           ,
           for
           a
           Conquest
           .
           But
           I
           believe
           the
           People
           of
           England
           would
           take
           it
           very
           ill
           to
           be
           thought
           a
           
             Conquer'd
             Nation
          
           ,
           in
           the
           sense
           that
           some
           impose
           it
           on
           Ireland
           :
           And
           yet
           we
           find
           the
           same
           Reason
           in
           one
           Case
           ,
           as
           in
           t'other
           ,
           if
           the
           Argument
           from
           the
           King's
           Stile
           of
           Conquestor
           prevail
           .
           Nay
           ,
           England
           may
           be
           said
           much
           more
           properly
           to
           be
           
           Conquer'd
           by
           William
           the
           First
           ,
           than
           Ireland
           by
           Henry
           the
           Second
           :
           For
           we
           all
           know
           with
           what
           Violence
           and
           Opposition
           from
           Harrold
           ,
           K.
           William
           obtain'd
           the
           Kingdom
           ,
           after
           a
           Bloody
           Battel
           nigh
           Hastings
           .
           Whereas
           Henry
           
           the
           Second
           receiv'd
           not
           the
           least
           Opposition
           in
           Ireland
           ,
           all
           came
           in
           Peaceably
           ,
           and
           had
           large
           Concessions
           made
           them
           of
           the
           like
           Laws
           and
           Liberties
           with
           the
           People
           of
           England
           ,
           which
           they
           gladly
           Accepted
           ,
           as
           we
           shall
           see
           hereafter
           .
           But
           I
           am
           fully
           satisfy'd
           ,
           that
           neither
           King
           William
           the
           First
           ,
           in
           his
           Acquisition
           of
           England
           ,
           or
           Henry
           II.
           in
           his
           Acquest
           of
           Ireland
           ,
           obtain'd
           the
           least
           Title
           to
           what
           some
           would
           give
           to
           Conquerours
           .
           Tho'
           for
           my
           own
           part
           ,
           were
           they
           Conquerours
           in
           a
           sense
           never
           so
           strict
           ,
           I
           should
           enlarge
           their
           Prerogative
           very
           little
           or
           nothing
           thereby
           ,
           as
           shall
           appear
           more
           fully
           in
           the
           Sequel
           of
           this
           Discourse
           .
        
         
           Another
           Argument
           for
           Henry
           the
           Second's
           
             Hostile
             Conquest
          
           of
           Ireland
           is
           taken
           from
           the
           Opposition
           which
           the
           Natives
           of
           Ireland
           gave
           to
           the
           first
           Adventurers
           ,
           
             Fitz-Stephens
             ,
             Fitzgerald
          
           ,
           and
           
             Earl
             Strongbow
          
           ,
           and
           the
           Battles
           they
           sought
           in
           assisting
           Mac-Morogb
           Prince
           of
           Leinster
           ,
           in
           the
           Recovery
           of
           his
           Principality
           .
        
         
         
           'T
           is
           certain
           there
           were
           some
           Conflicts
           between
           them
           and
           the
           Irish
           ,
           in
           which
           the
           Latter
           were
           constantly
           beaten
           ;
           but
           certainly
           the
           Conquests
           obtain'd
           by
           those
           Adventurers
           ,
           who
           came
           over
           only
           by
           the
           King's
           License
           and
           Permission
           ,
           and
           not
           at
           all
           by
           his
           particular
           Command
           (
           as
           is
           manifest
           from
           the
           words
           of
           the
           Letters
           Patents
           of
           License
           recited
           by
           
             Giraldus
             Cambrensis
             ,
             Hib.
             Expug
          
           .
           pag.
           760.
           
           
             Edit
             .
             Francof
          
           .
           1603.
           
           
             Angl.
             Norm
             .
             Hiber
             .
             Camd.
             )
          
           can
           never
           be
           call'd
           the
           Conquest
           of
           Henry
           the
           Second
           especially
           considering
           that
           Henry
           the
           Second
           himself
           does
           not
           appear
           to
           have
           any
           Design
           of
           Coming
           into
           Ireland
           ,
           or
           Obtaining
           the
           Dominion
           thereof
           ,
           when
           he
           gave
           to
           his
           Subjects
           of
           England
           this
           License
           of
           Assisting
           Mac-Morrogh
           .
           But
           I
           conceive
           rather
           the
           contrary
           appears
           ,
           by
           the
           Stipulations
           between
           Mac-Morrogh
           and
           the
           Adventurers
           ,
           and
           especially
           between
           him
           and
           Strongbow
           ,
           who
           was
           to
           succeed
           him
           in
           his
           Principality
           .
        
         
         
         
           From
           what
           foregoes
           ,
           I
           presume
           
           it
           Appears
           that
           Ireland
           cannot
           properly
           be
           said
           
             so
             to
             be
             Conquer'd
          
           by
           Henry
           the
           Second
           ,
           as
           to
           give
           the
           Parliament
           of
           England
           any
           Jurisdiction
           over
           us
           ;
           it
           will
           much
           more
           easily
           Appear
           ,
           that
           the
           
             English
             Victories
          
           in
           any
           succeeding
           Rebellions
           in
           that
           Kingdom
           ,
           give
           no
           Pretence
           to
           a
           Conquest
           :
           If
           every
           Suppression
           of
           a
           Rebellion
           may
           be
           call'd
           a
           Conquest
           ,
           I
           know
           not
           what
           Country
           will
           be
           excepted
           .
           The
           Rebellions
           in
           England
           have
           been
           frequent
           ;
           in
           the
           Contests
           between
           the
           Houses
           of
           York
           and
           Lancaster
           ,
           one
           side
           or
           other
           must
           needs
           be
           Rebellious
           .
           I
           am
           sure
           the
           Commotions
           in
           King
           Charles
           the
           First
           's
           time
           ,
           are
           stiled
           so
           by
           most
           Historians
           .
           This
           Pretence
           therefore
           of
           Conquest
           from
           Rebellions
           ,
           has
           so
           little
           Colour
           in
           it
           ,
           that
           I
           shall
           not
           insist
           longer
           on
           it
           :
           I
           know
           Conquest
           is
           an
           hateful
           word
           to
           English
           Ears
           ,
           and
           we
           have
           lately
           seen
           a
           Book
           *
           undergo
           a
           seuere
           Censure
           ,
           for
           offering
           to
           broach
           the
           
             Doctrine
             of
             Conquest
          
           in
           the
           
             Free
             Kingdom
          
           of
           England
           .
        
         
         
         
           But
           ,
           to
           take
           off
           all
           Pretence
           from
           
           this
           Title
           by
           Conquest
           ,
           I
           come
           in
           the
           third
           Place
           to
           enquire
           ,
           
             What
             Title
             Conquest
             gives
             by
             the
             Law
             of
             Nature
             and
             Reason
             .
          
        
         
           And
           in
           this
           particular
           I
           conceive
           ,
           
           that
           if
           the
           Aggressor
           or
           Insulter
           invades
           a
           Nation
           Unjustly
           ,
           he
           can
           never
           thereby
           have
           a
           Right
           over
           the
           Conquered
           :
           This
           I
           suppose
           will
           be
           readily
           granted
           by
           all
           men
           :
           If
           a
           Villain
           with
           a
           Pistol
           at
           my
           Brest
           ,
           makes
           me
           convey
           my
           Estate
           to
           him
           ,
           no
           one
           will
           say
           that
           this
           gives
           him
           any
           Right
           :
           And
           yet
           just
           such
           a
           Title
           as
           this
           has
           an
           Unjust
           Conquerour
           ,
           who
           with
           a
           Sword
           at
           my
           Throat
           forces
           me
           into
           Submission
           ;
           that
           is
           ,
           forces
           me
           to
           part
           with
           my
           
             Natural
             Estate
          
           ,
           and
           Birth-right
           ,
           of
           being
           govern'd
           only
           by
           Laws
           to
           which
           I
           give
           my
           Consent
           ,
           and
           not
           by
           his
           Will
           ,
           or
           the
           Will
           of
           any
           other
           .
        
         
           Let
           us
           then
           suppose
           a
           Just
           Invader
           ,
           
           one
           that
           has
           Right
           on
           his
           side
           to
           Attack
           a
           Nation
           in
           an
           Hostile
           manner
           ;
           and
           that
           those
           who
           
           oppose
           him
           are
           in
           the
           Wrong
           :
           Let
           us
           then
           see
           what
           Power
           he
           gets
           ,
           and
           over
           whom
           .
        
         
           First
           ,
           'T
           is
           plain
           he
           gets
           by
           his
           
           Conquest
           no
           Power
           over
           those
           who
           
             Conquered
             with
             him
          
           ;
           they
           that
           fought
           on
           his
           side
           ,
           whether
           as
           private
           Soldiers
           or
           Commanders
           ,
           cannot
           suffer
           by
           the
           Conquest
           ,
           but
           must
           at
           least
           be
           as
           much
           Freemen
           ,
           as
           they
           were
           before
           :
           If
           any
           lost
           their
           Freedom
           by
           the
           
             Norman
             Conquest
          
           ,
           (
           supposing
           King
           William
           the
           First
           had
           Right
           to
           Invade
           England
           )
           it
           was
           only
           the
           Saxons
           and
           Britains
           ,
           and
           not
           the
           Normans
           that
           Conquered
           with
           him
           .
           In
           like
           manner
           supposing
           Hen.
           II.
           had
           Right
           to
           Invade
           this
           Island
           ,
           and
           that
           he
           had
           been
           opposed
           therein
           by
           the
           Inhabitants
           ,
           it
           was
           only
           the
           
             Antient
             Race
          
           of
           the
           Irish
           ,
           that
           could
           suffer
           by
           this
           Subjugation
           ;
           the
           English
           and
           Britains
           ,
           that
           came
           over
           and
           Conquered
           with
           him
           ,
           retain'd
           all
           the
           Freedoms
           and
           Immunities
           of
           Free-born
           Subjects
           ;
           they
           nor
           their
           Descendants
           could
           not
           in
           reason
           lose
           these
           ,
           for
           being
           Successful
           and
           Victorious
           ;
           for
           so
           ,
           the
           state
           of
           
           Conquerours
           and
           Conquered
           shall
           be
           equally
           Slavish
           .
           Now
           't
           is
           manifest
           that
           the
           great
           Body
           of
           the
           present
           People
           of
           Ireland
           ,
           are
           the
           Progeny
           of
           the
           English
           and
           Britains
           ,
           that
           from
           time
           to
           time
           have
           come
           over
           into
           this
           Kingdom
           ;
           and
           there
           remains
           but
           a
           meer
           handful
           of
           the
           Antient
           Irish
           at
           this
           day
           ;
           I
           may
           say
           ,
           not
           one
           in
           a
           thousand
           :
           So
           that
           if
           I
           ,
           or
           any
           body
           else
           ,
           claim
           the
           like
           Freedoms
           with
           the
           Natural
           Born
           
             Subjects
             of
             England
          
           ,
           as
           being
           Descended
           from
           them
           ,
           it
           will
           be
           impossible
           to
           prove
           the
           contrary
           .
           I
           conclude
           therefore
           ,
           That
           a
           
             Just
             Conquerour
          
           gets
           no
           Power
           ,
           but
           only
           over
           those
           who
           have
           
             Actually
             Assisted
          
           in
           that
           Unjust
           Force
           that
           is
           used
           against
           him
           .
        
         
           And
           as
           those
           that
           joyned
           with
           
           the
           Conquerour
           in
           a
           Just
           Invasion
           ,
           have
           lost
           no
           Right
           by
           the
           Conquest
           ;
           so
           neither
           have
           those
           of
           the
           Country
           who
           
             Oppos'd
             him
             not
          
           :
           This
           seems
           so
           reasonable
           at
           first
           Proposal
           ,
           that
           it
           wants
           little
           Proof
           .
           All
           that
           gives
           Title
           in
           a
           Just
           Conquest
           ,
           is
           the
           Opposers
           using
           
             Brutal
             Force
          
           ,
           and
           quitting
           the
           Law
           of
           
           Reason
           ,
           and
           using
           the
           Law
           of
           Violence
           ;
           whereby
           the
           Conquerour
           is
           entitled
           to
           use
           him
           as
           a
           Beast
           ;
           that
           is
           ,
           Kill
           him
           ,
           or
           Enslave
           him
           .
        
         
           Secondly
           ,
           Let
           us
           consider
           what
           
           Power
           that
           is
           ,
           which
           a
           
             Rightful
             Conquerour
          
           has
           over
           the
           Subdued
           Opposers
           :
           And
           this
           we
           shall
           find
           extends
           little
           farther
           than
           over
           the
           Lives
           of
           the
           Conquer'd
           ;
           I
           say
           ,
           
             little
             farther
          
           than
           over
           their
           Lives
           ;
           for
           how
           far
           it
           extends
           to
           their
           Estates
           ,
           and
           that
           it
           extends
           not
           at
           all
           to
           Deprive
           their
           Posterity
           of
           the
           Freedoms
           and
           Immunities
           to
           which
           all
           Mankind
           have
           a
           Right
           ,
           I
           shall
           shew
           presently
           .
           That
           the
           
             Just
             Conquerour
          
           has
           an
           Absolute
           Power
           over
           the
           Lives
           and
           Liberties
           of
           the
           Conquer'd
           ,
           appears
           from
           hence
           ,
           Because
           the
           Conquer'd
           ,
           by
           putting
           themselves
           in
           a
           
             State
             of
             War
          
           by
           using
           an
           Unjust
           Force
           ,
           have
           thereby
           forfeited
           their
           Lives
           .
           For
           quitting
           Reason
           ,
           (
           which
           is
           the
           Rule
           between
           Man
           and
           Man
           )
           and
           using
           Force
           (
           which
           is
           the
           way
           of
           Beasts
           )
           they
           become
           liable
           to
           be
           destroy'd
           by
           him
           against
           whom
           they
           use
           Force
           ,
           as
           any
           savage
           wild
           Beast
           
           that
           is
           Dangerous
           to
           his
           Being
           .
        
         
           And
           this
           is
           the
           Case
           of
           Rebels
           in
           a
           settled
           Commonwealth
           ,
           who
           forfeit
           their
           Lives
           on
           this
           Account
           .
           But
           as
           for
           forfeiting
           their
           Estates
           ,
           it
           depends
           on
           the
           Municipal
           Laws
           of
           the
           Kingdom
           .
           But
           we
           are
           now
           Enquiring
           what
           the
           Consequents
           will
           be
           between
           two
           Contesting
           Nations
           .
        
         
           Which
           brings
           me
           to
           Consider
           how
           far
           a
           Just
           Conquerour
           has
           Power
           over
           the
           Posterity
           and
           Estates
           of
           the
           Conquer'd
           .
        
         
           As
           to
           the
           Posterity
           ,
           they
           not
           having
           
           Joyn'd
           or
           Assisted
           in
           the
           
             Forcible
             Opposition
          
           of
           the
           Conquerours
           Iust
           Arms
           ,
           can
           lose
           no
           Benefit
           thereby
           .
           'T
           is
           unreasonable
           any
           Man
           should
           be
           punish'd
           but
           for
           his
           own
           fault
           .
           Man
           being
           a
           free
           Agent
           ,
           is
           only
           Answerable
           for
           his
           own
           Demerits
           ;
           and
           as
           it
           would
           be
           highly
           Unjust
           to
           Hang
           up
           the
           Father
           for
           the
           Sons
           Offence
           ,
           so
           the
           Converse
           is
           equally
           Unjust
           ,
           that
           the
           Son
           shou'd
           suffer
           any
           Inconvenience
           for
           the
           Fathers
           Crime
           .
           
           A
           Father
           hath
           not
           in
           himself
           a
           power
           over
           the
           Life
           or
           Liberty
           of
           his
           Child
           ,
           so
           that
           no
           Act
           of
           his
           can
           possibly
           forfeit
           it
           .
           And
           tho
           we
           find
           in
           the
           Municipal
           Laws
           of
           particular
           Kingdoms
           ,
           that
           the
           Son
           loses
           the
           Fathers
           Estate
           for
           the
           Rebellion
           or
           other
           Demerit
           of
           the
           Father
           ,
           yet
           this
           is
           Consented
           and
           Agreed
           to
           ,
           for
           the
           Publick
           Safety
           ,
           and
           for
           deterring
           the
           Subjects
           from
           certain
           Enormous
           Crimes
           that
           would
           be
           highly
           prejudicial
           to
           the
           Commonwealth
           .
           And
           to
           such
           Constitutions
           the
           Subjects
           are
           bound
           to
           submit
           ,
           having
           consented
           to
           them
           ,
           tho'
           it
           may
           be
           unreasonable
           to
           put
           the
           like
           in
           Execution
           between
           Nation
           and
           Nation
           in
           the
           
             State
             of
             Nature
          
           :
           For
           in
           Settled
           Governments
           ,
           Property
           in
           Estates
           is
           Regulated
           ,
           Bounded
           and
           Determined
           by
           the
           Laws
           of
           the
           Common-wealth
           ,
           consented
           to
           by
           the
           People
           ,
           so
           that
           in
           these
           ,
           't
           is
           no
           Injustice
           for
           the
           Son
           to
           lose
           his
           Patrimony
           for
           his
           Fathers
           Rebellion
           or
           other
           Demerit
           .
        
         
         
           If
           therefore
           the
           Posterity
           of
           the
           
           Conquer'd
           are
           not
           to
           suffer
           for
           the
           Unjust
           Opposition
           given
           to
           the
           Victor
           by
           their
           Ancestors
           ,
           we
           shall
           find
           little
           place
           for
           any
           Power
           of
           the
           Conquerours
           over
           the
           Estates
           of
           the
           Subdued
           .
           The
           Father
           by
           his
           Miscarriages
           and
           Violence
           can
           forfeit
           but
           his
           own
           Life
           ,
           he
           involves
           not
           his
           Children
           in
           his
           Guilt
           or
           Destruction
           .
           His
           Goods
           ,
           which
           Nature
           (
           that
           willeth
           the
           Preservation
           of
           all
           Mankind
           as
           far
           as
           possible
           )
           hath
           made
           to
           belong
           to
           his
           Children
           to
           sustain
           them
           ,
           do
           still
           continue
           to
           belong
           to
           his
           Children
           .
           'T
           is
           true
           indeed
           ,
           it
           usually
           happens
           that
           Damage
           attends
           Unjust
           Force
           ;
           and
           as
           far
           as
           the
           Repair
           of
           this
           Damage
           requires
           it
           ,
           so
           far
           the
           Rightful
           Conquerour
           may
           invade
           the
           Goods
           and
           Estate
           of
           the
           Conquer'd
           ;
           but
           when
           this
           Damage
           is
           made
           up
           ,
           his
           Title
           to
           the
           Goods
           ceases
           ,
           and
           the
           Residue
           belongs
           to
           the
           Wife
           and
           Children
           of
           the
           Subdued
           .
        
         
           It
           may
           seem
           a
           strange
           Doctrine
           ,
           that
           any
           one
           should
           have
           a
           Power
           over
           the
           Life
           of
           another
           Man
           ,
           and
           
           not
           over
           his
           Estate
           ;
           but
           this
           we
           find
           every
           day
           ,
           for
           tho'
           I
           may
           Kill
           a
           Thief
           that
           sets
           on
           me
           in
           the
           High-way
           ,
           yet
           I
           may
           not
           
             take
             away
             his
             Money
          
           ;
           for
           't
           is
           the
           
             Brutal
             Force
          
           the
           Aggressor
           has
           used
           ,
           that
           gives
           his
           Adversary
           a
           Right
           to
           take
           away
           his
           Life
           ,
           as
           a
           noxious
           Creature
           .
           But
           't
           is
           only
           Damage
           sustain'd
           ,
           that
           gives
           Title
           to
           another
           Mans
           Goods
           .
        
         
           It
           must
           be
           confess'd
           that
           the
           
           Practice
           of
           the
           World
           is
           otherwise
           ,
           and
           we
           commonly
           see
           the
           Conqueror
           (
           whether
           Iust
           or
           Unjust
           )
           by
           the
           Force
           he
           has
           over
           the
           Conquer'd
           ,
           compels
           them
           with
           a
           Sword
           at
           their
           Brest
           to
           stoop
           to
           his
           Conditions
           ,
           and
           submit
           to
           such
           a
           Government
           as
           he
           pleases
           to
           Afford
           them
           .
           But
           we
           Enquire
           not
           now
           ,
           what
           is
           the
           Practice
           ,
           but
           what
           
             Right
             there
             is
             to
             do
             so
             .
          
           If
           it
           be
           said
           the
           Conquer'd
           submit
           by
           their
           own
           Consent
           :
           Then
           this
           allows
           Consent
           necessary
           to
           give
           the
           Conquerour
           a
           Title
           to
           Rule
           over
           them
           .
           But
           then
           we
           may
           Enquire
           whether
           Promises
           Extorted
           by
           Force
           without
           Right
           ,
           can
           be
           thought
           Consent
           ,
           and
           how
           far
           they
           
           are
           Obligatory
           ;
           And
           I
           humbly
           conceive
           they
           
             Bind
             not
             at
             all
          
           .
           He
           that
           forces
           my
           Horse
           from
           me
           ,
           ought
           presently
           to
           Restore
           him
           ,
           and
           I
           have
           still
           a
           Right
           to
           retake
           him
           :
           So
           he
           that
           has
           forced
           a
           Promise
           from
           me
           ,
           ought
           presently
           to
           Restore
           it
           ,
           that
           is
           ,
           quit
           me
           of
           the
           Obligation
           of
           it
           ,
           or
           I
           may
           chuse
           whether
           I
           will
           perform
           it
           or
           not
           :
           For
           the
           
             Law
             of
             Nature
          
           obliges
           us
           only
           by
           the
           Rules
           she
           prescribes
           ,
           and
           therefore
           cannot
           oblige
           me
           by
           the
           Violation
           of
           her
           Rules
           ;
           such
           is
           the
           Extorting
           any
           thing
           from
           me
           by
           Force
           .
        
         
           From
           what
           has
           been
           said
           ,
           I
           presume
           it
           pretty
           clearly
           appears
           that
           an
           Unjust
           Conquest
           gives
           
             no
             Title
          
           at
           all
           ;
           That
           a
           Iust
           Conquest
           gives
           Power
           only
           over
           the
           Lives
           and
           Liberties
           of
           the
           
             Actual
             Opposers
          
           ,
           but
           not
           over
           their
           Posterity
           or
           Estates
           ,
           otherwise
           than
           as
           before
           is
           mentioned
           ;
           and
           not
           at
           all
           over
           those
           that
           did
           
             not
             Concur
          
           in
           the
           Opposition
           .
        
         
           They
           that
           desire
           a
           more
           full
           Disquisition
           of
           this
           Matter
           ,
           may
           find
           it
           at
           large
           in
           an
           Incomparable
           Treatise
           concerning
           the
           
             True
             Original
          
           ,
           
           
             Extent
             and
             End
             of
             Civil
             Government
             ,
          
           Chap.
           16.
           
           This
           Discourse
           is
           said
           to
           be
           written
           by
           my
           Excellent
           Friend
           ,
           
             IOHN
             LOCKE
          
           ,
           
             Esq
          
           Whether
           it
           be
           so
           or
           not
           ,
           I
           know
           not
           ;
           This
           I
           am
           sure
           ,
           whoever
           is
           the
           Author
           ,
           the
           Greatest
           Genius
           in
           Christendom
           need
           not
           disown
           it
           .
        
         
           But
           granting
           that
           all
           we
           have
           said
           in
           this
           Matter
           is
           Wrong
           ,
           and
           granting
           that
           a
           Conquerour
           ,
           whether
           Iust
           or
           Unjust
           ,
           obtains
           an
           Absolute
           Arbitrary
           Dominion
           over
           the
           Persons
           ,
           Estates
           ,
           Lives
           ,
           Liberties
           and
           Fortunes
           of
           all
           those
           whom
           he
           finds
           in
           the
           Nation
           ,
           their
           Wives
           ,
           Posterity
           ,
           &c.
           so
           as
           to
           make
           perpetual
           Slaves
           of
           them
           and
           their
           Generations
           to
           come
           ;
           Let
           us
           next
           Enquire
           whether
           Concessions
           granted
           
           by
           such
           a
           Victorious
           Hero
           ,
           do
           not
           bound
           the
           Exorbitancy
           of
           his
           Power
           ,
           and
           whether
           he
           be
           not
           Obliged
           strictly
           to
           Observe
           these
           Grants
           .
        
         
           And
           here
           I
           believe
           no
           Man
           of
           Common
           Sense
           or
           Justice
           ,
           will
           Deny
           it
           ;
           None
           that
           has
           ever
           Consider'd
           the
           Law
           of
           Nature
           
           and
           Nations
           ,
           can
           possibly
           hesitate
           on
           this
           matter
           ;
           the
           very
           Proposing
           it
           ,
           strikes
           the
           Sense
           and
           Common
           Notions
           of
           all
           Men
           so
           forcibly
           ,
           that
           it
           needs
           no
           farther
           proof
           .
           I
           shall
           therefore
           insist
           no
           longer
           on
           it
           ,
           but
           hasten
           to
           consider
           how
           far
           this
           is
           the
           Case
           of
           Ireland
           :
           And
           that
           brings
           me
           naturally
           to
           the
           fourth
           Particular
           propos'd
           ,
           vizt
           .
           To
           shew
           by
           Precedents
           ,
           Records
           ,
           and
           History
           ,
           what
           Concessions
           and
           Grants
           have
           been
           made
           from
           time
           to
           time
           to
           the
           People
           of
           Ireland
           ,
           and
           by
           what
           steps
           the
           Laws
           of
           England
           came
           to
           be
           introduced
           into
           this
           Kingdom
           .
        
         
           We
           are
           told
           by
           
             Matth.
             Paris
          
           ,
           Historiographer
           
           to
           Hen.
           III.
           that
           Henry
           the
           Second
           ,
           a
           little
           before
           he
           left
           Ireland
           ,
           in
           a
           Publick
           Assembly
           and
           Council
           of
           the
           Irish
           at
           Lismore
           ,
           did
           cause
           the
           Irish
           to
           Receive
           ,
           and
           swear
           to
           be
           Govern'd
           by
           the
           Laws
           of
           
             England
             :
             Rex
             Henricus
          
           (
           saith
           he
           )
           
           
             antequam
             ex
             Hibernia
             Rediret
             apud
             Lismore
             Concilium
             Congregavit
             ubi
             Leges
             Angliae
             sunt
             ab
             omnibus
             gratanter
             receptae
             ,
             &
             Iuratoriâ
             cautione
             prestitâ
             Confirmatae
             ,
          
           Vid.
           Matth.
           Paris
           ,
           ad
           An.
           1172.
           
           Vit.
           H.
           2.
           
        
         
         
           And
           not
           only
           thus
           ,
           but
           if
           we
           
           may
           give
           Credit
           to
           Sir
           
             Edward
             Cook
          
           ,
           in
           the
           4th
           Instit.
           Cap.
           1.
           and
           76.
           and
           to
           the
           Inscription
           to
           the
           
             Irish
             Modus
             Tenendi
             Parliamentum
          
           ,
           it
           will
           clearly
           Appear
           ,
           that
           Henry
           the
           Second
           did
           not
           only
           settle
           the
           the
           Laws
           of
           England
           in
           Ireland
           ,
           and
           the
           Jurisdiction
           Eclesiastical
           there
           ,
           by
           the
           
             Voluntary
             Acceptance
          
           and
           Allowance
           of
           the
           Nobility
           and
           Clergy
           ,
           but
           did
           likewise
           Allow
           them
           the
           Freedom
           of
           
             Holding
             of
             Parliaments
          
           in
           Ireland
           ,
           as
           a
           separate
           and
           distinct
           Kingdom
           from
           England
           ;
           and
           did
           then
           send
           them
           a
           Modus
           to
           Direct
           them
           how
           to
           Hold
           their
           Parliaments
           there
           .
           The
           Title
           of
           which
           Modus
           runs
           thus
           :
           
             Henricus
             Rex
             Angliae
             Conquestor
             &
             Dominus
             Hiberniae
             ,
             &c.
             Mittit
             hanc
             formam
             Archiepiscopis
             ,
             Episcopis
             ,
             Abbatibus
             ,
             Prioribus
             ,
             Comitibus
             ,
             Baronibus
             ,
             Iusticiariis
             ,
             Vicecomitibus
             ,
             Majoribus
             ,
             Praepositis
             ,
             Ministris
             &
             omnibus
             .
             Fidelibus
             suis
             Terrae
             Hiberniae
             Tenendi
             Parliamentum
             .
             
             
               In
               primis
               Summonitio
               Parliamenti
               praecedere
               debet
               per
               Quadraginta
               Dies
               .
            
          
        
         
           And
           so
           forth
           .
        
         
           This
           Modus
           is
           said
           to
           have
           been
           sent
           into
           Ireland
           by
           Hen.
           II.
           for
           a
           Direction
           to
           Hold
           their
           Parliaments
           there
           .
           And
           the
           sense
           of
           it
           agrees
           for
           the
           most
           part
           with
           the
           
             Modus
             Tenendi
             Parl.
          
           in
           England
           ,
           said
           to
           have
           been
           Allowed
           by
           William
           the
           Conquerour
           ;
           when
           he
           obtain'd
           that
           Kingdom
           ;
           where
           't
           is
           alter'd
           ,
           't
           is
           only
           to
           fit
           it
           the
           better
           for
           the
           Kingdom
           of
           Ireland
           .
        
         
           I
           know
           very
           well
           the
           Antiquity
           of
           this
           Modus
           ,
           so
           said
           to
           be
           Transmitted
           for
           Ireland
           by
           Hen.
           II.
           is
           question'd
           by
           some
           Learned
           Antiquaries
           ,
           particularly
           by
           Mr.
           Selden
           a
           and
           b
           Mr.
           Pryn
           ,
           who
           deny
           also
           the
           English
           Modus
           as
           well
           as
           this
           .
           But
           on
           the
           other
           hand
           ,
           my
           Lord
           Chief
           Justice
           Cook
           ,
           in
           the
           4th
           Instit.
           pag.
           12.
           and
           349.
           does
           strenuously
           Assert
           them
           both
           .
           And
           the
           late
           Reverend
           and
           Learned
           Dr.
           Dopping
           Bishop
           
           of
           Meath
           ,
           has
           Published
           the
           
             Irish
             Modus
          
           ,
           with
           a
           Vindication
           of
           its
           Antiquity
           and
           Authority
           in
           the
           Preface
           .
        
         
           There
           seems
           to
           me
           but
           two
           Objections
           of
           any
           Moment
           raised
           by
           Mr.
           Pryn
           against
           these
           Modi
           .
           The
           One
           relates
           both
           to
           the
           English
           and
           
             Irish
             Modus
          
           ;
           the
           other
           chiefly
           strikes
           at
           the
           Irish.
           He
           says
           the
           Name
           Parliament
           ,
           so
           often
           found
           in
           these
           Modi
           ,
           was
           not
           a
           name
           for
           the
           great
           Council
           of
           England
           known
           so
           early
           as
           these
           Modi
           Pretend
           to
           .
           I
           confess
           I
           am
           not
           prepared
           to
           Disprove
           this
           Antiquary
           in
           this
           Particular
           :
           But
           to
           me
           it
           seems
           reasonable
           enough
           to
           Imagine
           that
           the
           Name
           Parliament
           ,
           came
           in
           with
           William
           the
           Conqueror
           :
           'T
           is
           a
           Word
           perfectly
           French
           ,
           and
           I
           see
           no
           reason
           to
           doubt
           it's
           Coming
           in
           with
           the
           Normans
           .
           The
           other
           Objection
           affects
           our
           
             Irish
             Modus
          
           ,
           for
           he
           tells
           us
           ,
           That
           Sheriffs
           were
           not
           establish'd
           in
           Ireland
           in
           Henry
           II's
           .
           time
           ,
           when
           this
           Modus
           was
           pretended
           to
           be
           sent
           hither
           ,
           yet
           we
           find
           the
           Word
           Vicecomes
           therein
           .
           To
           this
           I
           can
           only
           Answer
           ,
           That
           Hen.
           II.
           
           intending
           to
           Establish
           in
           Ireland
           the
           English
           form
           of
           Government
           ,
           as
           the
           first
           ,
           and
           Chief
           step
           thereto
           ,
           he
           sent
           them
           Directions
           for
           Holding
           of
           Parliaments
           ,
           Designing
           afterwards
           by
           degrees
           and
           in
           due
           time
           to
           settle
           the
           other
           Constitutions
           agreable
           to
           the
           Model
           of
           England
           .
           If
           therefore
           England
           had
           then
           Sheriffs
           ,
           we
           need
           not
           wonder
           to
           find
           them
           named
           in
           the
           
             Irish
             Modus
          
           ,
           tho
           they
           were
           not
           as
           yet
           establish'd
           amongst
           us
           ,
           for
           they
           were
           designed
           to
           be
           appointed
           soon
           after
           ,
           and
           before
           the
           Modus
           could
           be
           put
           regularly
           in
           execution
           ;
           and
           accordingly
           we
           find
           them
           establish'd
           in
           some
           Counties
           of
           Ireland
           in
           
             King
             Iohns
          
           Time.
           
        
         
           This
           
             Irish
             Modus
          
           is
           said
           to
           have
           been
           in
           the
           Custody
           of
           Sir
           
             Christopher
             Preston
          
           of
           Clane
           in
           
             Ireland
             ,
             An.
          
           6.
           
           Hen.
           4.
           and
           by
           Sir
           
             Iohn
             Talboi
          
           Lord
           Lieutenant
           of
           Ireland
           ,
           under
           King
           Hen.
           4.
           
           It
           was
           Exemplified
           by
           Inspeximus
           under
           the
           great
           Seal
           of
           Ireland
           ,
           and
           the
           Exemplification
           was
           sometimes
           in
           the
           Hands
           of
           Mr.
           
             Hackwel
             of
             Lincolns
          
           Inn
           ,
           and
           by
           him
           was
           Communicated
           to
           Mr.
           Selden
           .
           The
           Tenor
           of
           which
           Exemplification
           runs
           thus
           .
        
         
           
           
             Henricus
             Dei
             Gratia
             Rex
             Angliae
             &
             Franciae
             ,
             &
             Dominus
             Hiberniae
             ,
             omnibus
             ad
             quos
             presentes
             ▪
             Literae
             pervenerint
             salutem
             Inspeximus
             Tenorem
             Diversorum
             Articulorum
             in
             quodam
             Rotulo
             Pergameneo
             Scriptorum
             cum
             
               Christophero
               Preston
            
             ,
             Milite
             Tempore
             Arrestationis
             suae
             apud
             Villam
             de
             Clare
             ,
             per
             Deputatum
             Dilecti
             &
             Fidelis
             nostri
             Iohannes
             Talbot
             de
             Halomshire
             Chivaler
             locum
             nostrum
             Tenentis
             Terrae
             nostrae
             Hiberniae
             ,
             nuper
             factae
             inventorum
             ac
             coram
             nobis
             &
             Concilio
             nostro
             in
             eadem
             terrae
             nostra
             apud
             Villam
             de
             Trim.
             Nono
             die
             Ianuarii
             ultimo
             praeteriti
             in
             haec
             verba
             ,
          
           
             Modus
             Tenendi
             Parliament●…
             Henricus
             Rex
             Angliae
             ,
             Conquestor
             &
             Dominus
             Hibernia
             ,
             Mittit
             have
             formam
             Archiepiscopis
             ,
             &c.
             
          
        
         
           and
           so
           as
           before
           ,
           
             Et
             omnibus
             Fidelibus
             suis
             Terrae
             Hiberniae
             Tenendi
             Parliamentum
             Imprimis
             Summonitio
             ,
             &c.
             
          
           and
           
           then
           follows
           the
           Modus
           ,
           agreeable
           in
           most
           things
           with
           that
           of
           England
           ,
           only
           fitted
           to
           Ireland
           .
           Then
           the
           Exemplification
           concludes
           :
        
         
           
             Nos
             autem
             tenores
             Articulorum
             praedictorum
             de
             Assensu
             praefati
             Locum
             tenentis
             &
             Concilii
             praedicti
             tenore
             praesentium
             duximus
             Exemplificandum
             &
             has
             Literas
             nostras
             fieri
             fecimus
             Patentes
             .
             Teste
             Praefato
             Locum
             nostrum
             tenente
             apud
             Trim.
             12
             diae
             Ianuarii
             Anno
             Regni
             nostri
             sexto
             .
          
           
             Per
             ipsum
             Locum
             tenentem
             &
             Concilium
             .
          
        
         
           Now
           we
           can
           hardly
           think
           it
           credible
           ,
           (
           says
           the
           Bishop
           of
           Meath
           )
           that
           an
           Exemplification
           could
           have
           been
           made
           so
           solemnly
           of
           it
           by
           King
           Henry
           the
           Fourth
           ,
           and
           that
           it
           should
           refer
           to
           a
           Modus
           transmitted
           into
           Ireland
           by
           King
           Henry
           II.
           and
           Affirm
           that
           it
           was
           produced
           before
           the
           Lord
           Lieutenant
           and
           Council
           at
           Trym
           ,
           if
           no
           such
           thing
           had
           been
           Done
           :
           This
           were
           to
           call
           in
           question
           the
           Truth
           of
           all
           former
           Records
           
           and
           Transactions
           ,
           and
           make
           the
           Exemplification
           contain
           an
           Egregious
           Falshood
           in
           the
           body
           of
           it
           .
        
         
           The
           Reverend
           Bishop
           of
           Meath
           ,
           in
           his
           fore-cited
           Preface
           does
           believe
           that
           he
           had
           obtain'd
           the
           very
           Original
           Record
           ,
           said
           by
           my
           Lord
           Cook
           to
           have
           been
           in
           the
           Hands
           of
           Sir
           
             Christopher
             Preston
          
           :
           It
           came
           to
           that
           Learned
           Prelates
           Hands
           amongst
           other
           Papers
           and
           Manuscripts
           of
           Sir
           
             William
             Domviles
          
           ,
           late
           Attorney
           General
           in
           this
           Kingdom
           ,
           who
           in
           his
           Life-time
           ,
           upon
           an
           occasional
           Discourse
           with
           the
           Bishop
           concerning
           It
           ,
           told
           him
           that
           this
           Record
           was
           bestow'd
           on
           him
           (
           Sir
           
             W.
             Domvile
          
           )
           by
           Sir
           
             Iames
             Cuffe
          
           ,
           late
           Deputy
           Vice-Treasurer
           of
           Ireland
           ,
           that
           Sir
           Iames
           found
           it
           among
           the
           Papers
           of
           Sir
           
             Francis
             Aungier
          
           ,
           Master
           of
           the
           Rolls
           in
           this
           Kingdom
           ;
           and
           the
           present
           Earl
           of
           Longford
           (
           Grandson
           to
           the
           said
           Sir
           
             Francis
             Aungier
          
           )
           told
           the
           Bishop
           ,
           that
           his
           said
           Grandfather
           had
           it
           out
           of
           the
           Treasury
           of
           Waterford
           .
        
         
         
           Whilst
           I
           write
           this
           ,
           I
           have
           this
           very
           Record
           now
           before
           me
           ,
           from
           the
           Hands
           of
           the
           said
           Bishop
           of
           
           Meath's
           Son
           ,
           my
           Nephew
           ,
           
             Samuel
             Dopping
          
           ;
           and
           I
           must
           confess
           it
           has
           a
           Venerable
           Antient
           Appearance
           ,
           but
           whether
           it
           be
           the
           True
           Original
           Record
           ,
           I
           leave
           on
           the
           Arguments
           produced
           for
           its
           Credit
           by
           the
           said
           Bishop
           .
        
         
           This
           I
           am
           sure
           of
           ,
           that
           whether
           
           this
           be
           the
           very
           Record
           Transmitted
           hither
           by
           King
           Henry
           the
           Second
           ,
           or
           not
           ;
           yet
           't
           is
           most
           certain
           from
           the
           Unanimous
           Concessions
           of
           all
           the
           fore-mentioned
           Antiquaries
           ,
           
             Cook
             ,
             Selden
             ,
             Pryn
             ,
             &c.
             
          
           That
           we
           have
           had
           Parliaments
           in
           Ireland
           very
           soon
           after
           the
           Invasion
           of
           Henry
           II.
           For
           Pryn
           confesses
           that
           a
           King
           Hen.
           II.
           after
           his
           Conquest
           of
           Ireland
           ,
           and
           the
           General
           Voluntary
           Submission
           ,
           Homages
           ,
           and
           Fealties
           of
           most
           of
           the
           Irish
           Kings
           ,
           Prelates
           ,
           Nobles
           ,
           Cities
           and
           People
           ,
           to
           him
           ,
           as
           to
           their
           Soveraign
           Lord
           and
           King
           ,
           Anno
           1170
           ,
           (
           it
           should
           be
           1172.
           )
           held
           therein
           a
           General
           Council
           of
           the
           Clergy
           
           at
           Cashal
           ,
           wherein
           he
           Rectify'd
           many
           Abuses
           in
           the
           Church
           ,
           and
           Establish'd
           sundry
           Eclesiastical
           Laws
           ,
           agreeable
           to
           those
           in
           the
           Church
           of
           
             England
             ;
             Ecclesiae
             illius
             statum
             ad
             Anglicanae
             Ecclesiae
             formam
             Redigere
             Modis
             omnibus
             elaborando
          
           ;
           To
           which
           the
           Irish
           Clergy
           promis'd
           Conformity
           ,
           and
           to
           observe
           them
           for
           time
           to
           come
           ,
           as
           a
           
             Giraldus
             Cambrensis
          
           ,
           who
           was
           then
           in
           Ireland
           ,
           and
           other
           b
           Histoans
           ,
           relate
           :
           
             Et
             ut
             in
             singulis
             Observatio
             similis
             Regnum
             Colligaret
             utrumque
          
           (
           that
           is
           England
           and
           
             Ireland
             )
             passim
             omnes
             unanimi
             voluntate
             communi
             Assensu
             ,
             Pari
             desiderio
             Regis
             imperio
             se
             subjiciunt
             ,
             omnibus
             igitur
             hoc
             modo
             Consummatis
             ,
             in
             Concilio
             habito
             apud
             Lismore
             Leges
             Angliae
             ab
             omnibus
             sunt
             gratantur
             receptae
             ,
             &
             juratoriâ
             cautione
             praestitâ
             Confirmatae
             ,
          
           says
           
             Math.
             Paris
          
           .
        
         
           Can
           any
           Concession
           in
           the
           
           World
           be
           more
           plain
           and
           free
           than
           this
           ?
           We
           have
           heard
           of
           late
           much
           Talk
           in
           England
           of
           an
           
             Original
             Compact
          
           between
           the
           King
           and
           People
           of
           England
           ;
           I
           am
           sure
           't
           is
           not
           possible
           to
           shew
           a
           more
           fair
           Original
           
           Compact
           between
           a
           King
           and
           People
           ,
           than
           this
           between
           Henry
           the
           Second
           ,
           and
           the
           People
           of
           
             Ireland
             ,
             That
             they
             should
             Enjoy
             the
             like
             Liberties
             and
             Immunities
             ,
             and
             be
             Govern'd
             by
             the
             same
             Mild
             Laws
             ,
             both
             Civil
             and
             Ecclesiastical
             ,
             as
             the
             People
             of
             England
             .
          
        
         
           From
           all
           which
           ,
           It
           is
           manifest
           that
           there
           were
           no
           Laws
           Imposed
           on
           the
           People
           of
           Ireland
           ,
           by
           any
           Authority
           of
           the
           Parliament
           of
           England
           ;
           nor
           any
           Laws
           introduced
           into
           that
           Kingdom
           by
           Henry
           the
           Second
           ,
           but
           by
           the
           Consent
           and
           Allowance
           of
           the
           People
           of
           Ireland
           :
           For
           both
           the
           Civil
           and
           Ecclesiastical
           State
           were
           settled
           there
           
             Regiae
             sublimitatis
             Authoritate
          
           ,
           solely
           by
           the
           Kings
           Authority
           ,
           
             and
             their
             own
             good
             Wills
          
           ,
           as
           the
           Irist
           Statute
           ,
           11
           Eliz.
           C.
           1.
           expresses
           it
           .
           And
           not
           only
           the
           Laws
           of
           England
           ,
           but
           the
           manner
           of
           
             Holding
             Parliaments
          
           in
           Ireland
           to
           make
           Laws
           o●…
           their
           own
           (
           which
           is
           the
           Foundatio●…
           and
           Bulwark
           of
           the
           Peoples
           Liberties
           and
           Properties
           )
           was
           Directe●…
           and
           Established
           there
           by
           Henry
           the
           Second
           ,
           as
           if
           he
           were
           Resolve●…
           
           that
           no
           other
           Person
           or
           Persons
           should
           be
           the
           Founders
           of
           the
           Government
           of
           Ireland
           ,
           but
           himself
           and
           the
           Consent
           of
           the
           People
           ,
           who
           submitted
           themselves
           to
           him
           against
           all
           Persons
           whatsoever
           .
        
         
           Let
           us
           now
           see
           by
           what
           farther
           Degrees
           the
           Government
           of
           Ireland
           grew
           up
           Conformable
           to
           that
           of
           England
           .
        
         
           About
           the
           Twenty-third
           year
           of
           Henry
           the
           Second
           ,
           (
           which
           was
           
           within
           Five
           years
           after
           his
           Return
           from
           Ireland
           )
           he
           created
           his
           younger
           Son
           
             Iohn
             ,
             King
             of
             Ireland
          
           ,
           at
           a
           Parliament
           held
           at
           Oxford
           .
           Soon
           after
           
             King
             Iohn
          
           being
           then
           about
           Twelve
           Years
           of
           Age
           ,
           came
           into
           Ireland
           ,
           from
           Milford
           to
           Waterford
           ,
           as
           his
           Father
           had
           formerly
           done
           .
           The
           Irish
           Nobility
           and
           Gentry
           immediately
           repaired
           to
           him
           ;
           but
           being
           Received
           by
           him
           and
           his
           Retinue
           with
           some
           Scorn
           and
           Derision
           ,
           by
           reason
           of
           their
           long
           rude
           Beards
           ,
           
             quas
             more
             Patrio
             grandes
             habebant
             &
             prolixas
             ,
          
           (
           says
           
             Giraldus
             Cambrensis
             ,
             Hib.
             Expug
             .
             Cap.
          
           35.
           )
           they
           took
           such
           Offence
           
           thereat
           ,
           that
           they
           departed
           in
           much
           Discontent
           ;
           which
           was
           the
           occasion
           of
           the
           young
           Kings
           staying
           so
           short
           a
           time
           in
           Ireland
           ,
           as
           he
           did
           this
           his
           first
           time
           of
           being
           here
           .
        
         
           And
           here
           ,
           before
           we
           proceed
           any
           farther
           ,
           we
           shall
           observe
           ,
           That
           
           by
           this
           Donation
           of
           the
           Kingdom
           of
           Ireland
           to
           
             King
             Iohn
             ,
             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
             Iohn
          
           ,
           after
           the
           Death
           of
           his
           Brother
           Richard
           the
           First
           ,
           King
           of
           England
           ,
           which
           was
           about
           Twenty
           two
           years
           after
           his
           being
           made
           King
           of
           Ireland
           ;
           during
           which
           space
           of
           Twenty
           two
           years
           ,
           both
           whilst
           his
           Father
           Henry
           the
           Second
           ,
           and
           his
           Brother
           Richard
           the
           First
           ,
           were
           living
           and
           Reigning
           ,
           King
           Iohn
           made
           divers
           Grants
           and
           Charters
           to
           his
           Subjects
           of
           Ireland
           ,
           which
           are
           yet
           in
           being
           in
           this
           Kingdom
           ;
           wherein
           he
           stiles
           himself
           
             Dominus
             Hiberniae
          
           ,
           (
           the
           constant
           Stile
           till
           Henry
           the
           Eighth's
           
           time
           )
           and
           in
           others
           ,
           
             Dominus
             Hiberniae
             &
             Comes
             Meritoniae
          
           .
           By
           which
           Charters
           both
           the
           City
           of
           Dublin
           ,
           and
           divers
           other
           Corporations
           enjoy
           many
           Priviledges
           and
           Franchises
           to
           this
           day
           .
           But
           after
           the
           said
           Grant
           of
           the
           Kingdom
           of
           Ireland
           to
           King
           Iohn
           ,
           neither
           his
           Father
           Henry
           II.
           nor
           his
           Brother
           King
           Richard
           I.
           Kings
           of
           England
           ,
           ever
           stiled
           themselves
           ,
           during
           their
           Lives
           ,
           King
           or
           Lord
           of
           Ireland
           ;
           for
           the
           Dominion
           and
           Regality
           of
           Ireland
           was
           wholly
           and
           separately
           vested
           in
           K.
           Iohn
           ,
           being
           absolutely
           Granted
           unto
           him
           without
           any
           Reservation
           .
           And
           he
           being
           Created
           King
           in
           the
           Parliament
           at
           Oxford
           ,
           under
           the
           Stile
           and
           Title
           of
           
             Lord
             of
             Ireland
          
           ,
           Enjoy'd
           all
           manner
           of
           
             Kingly
             Iurisdiction
             ,
             Preheminence
          
           ,
           and
           
             Authority
             Royal
          
           ,
           belonging
           unto
           the
           
             Imperial
             State
          
           and
           
             Majesty
             of
             a
             King
          
           ,
           as
           are
           the
           Express
           words
           of
           the
           Irish
           Statute
           ,
           33
           Hen.
           VIII
           .
           c.
           1.
           by
           which
           Statute
           the
           Stile
           of
           Dominus
           was
           changed
           to
           that
           of
           
             Rex
             Hiberniae
          
           .
        
         
           Let
           us
           then
           suppose
           that
           Richard
           the
           First
           ,
           King
           
           Iohn's
           Elder
           
           Brother
           ,
           had
           not
           died
           without
           Issue
           ,
           but
           that
           his
           Progeny
           had
           sat
           on
           the
           Throne
           of
           England
           ,
           in
           a
           Continued
           Succession
           to
           this
           Day
           :
           Let
           us
           suppose
           likewise
           the
           same
           of
           King
           
           Iohn's
           Progeny
           ,
           in
           relation
           to
           the
           Throne
           of
           Ireland
           ;
           where
           then
           had
           been
           the
           Subordination
           of
           Ireland
           to
           the
           Parliament
           ,
           or
           even
           to
           the
           King
           of
           England
           ?
           Certainly
           no
           such
           thing
           could
           have
           been
           then
           pretended
           :
           Therefore
           if
           any
           such
           Subordination
           there
           be
           ,
           it
           must
           arise
           from
           something
           that
           followed
           after
           the
           Descent
           of
           England
           ,
           to
           King
           Iohn
           ;
           for
           by
           that
           
             Descent
             England
          
           might
           as
           properly
           be
           Subordinate
           to
           Ireland
           ,
           as
           the
           converse
           ;
           Ireland
           being
           vested
           in
           the
           Royal
           Person
           of
           King
           Iohn
           ,
           Two
           and
           Twenty
           years
           before
           his
           Accession
           to
           the
           Crown
           of
           England
           ,
           and
           being
           a
           more
           
             Ancient
             Kingdom
          
           than
           the
           Kingdom
           of
           England
           .
           As
           the
           English
           Orators
           in
           the
           Council
           of
           Constance
           ,
           An.
           1417
           a
           confess'd
           and
           alledged
           ,
           as
           an
           Argument
           in
           the
           Contest
           between
           Henry
           the
           Fifth's
           Legates
           ,
           and
           those
           of
           Charles
           the
           Sixth
           King
           of
           France
           ,
           for
           
             Precedence
             :
             Satis
             Constat
          
           (
           say
           
           they
           )
           b
           
             secundum
             Albertum
             Magnum
             &
             Bartholomeum
             de
             Proprietatibus
             Rerum
             ,
             quod
             toto
             Mundo
             in
             tres
             partes
             Diviso
             ,
             scilicet
             in
             Europam
             ,
             Asiam
             &
             Africam
          
           (
           for
           America
           was
           not
           then
           Discovered
           )
           
             Europa
             in
             quatuor
             Dividitur
             Regna
             scilicet
             ,
             Primum
             Romanum
             ,
             Secundum
             Constantinopolitanum
             ,
             Tertium
             Regnum
          
           Hiberniae
           
             (
             quod
             jam
             translatum
             est
             in
             Anglos
             )
             &
             Quartum
             Regnum
             Hispaniae
             .
             Ex
             quo
             patet
             ,
             quod
             Rex
             Angliae
             &
             Regnum
             suum
             sunt
             de
             Eminentioribus
             Antiquioribus
             Regibus
             &
             Regnis
             totius
             Europae
             .
          
           The
           Antiquity
           and
           Precedence
           of
           the
           King
           of
           England
           ,
           was
           allo'wd
           him
           wholly
           on
           the
           Account
           of
           his
           Kingdom
           of
           Ireland
           .
        
         
           Perhaps
           it
           will
           be
           said
           ,
           That
           
           this
           Subordination
           of
           the
           Kingdom
           of
           Ireland
           ,
           to
           the
           Kingdom
           of
           England
           ,
           proceeds
           from
           
           Ireland's
           being
           Annex'd
           to
           ,
           and
           as
           it
           were
           united
           with
           the
           Imperial
           Crown
           of
           England
           ,
           by
           several
           Acts
           of
           Parliament
           both
           in
           England
           and
           Ireland
           ,
           since
           King
           Iohns
           time
           .
           But
           how
           farr
           this
           Operates
           ,
           I
           shall
           Enquire
           more
           fully
           hereafter
           ;
           I
           shall
           only
           at
           present
           Observe
           ,
           that
           I
           conceive
           little
           
           more
           is
           Effected
           by
           these
           Statutes
           Than
           that
           Ireland
           shall
           not
           be
           Alien'd
           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
          
           ,
           and
           the
           Subjects
           of
           Ireland
           are
           oblig'd
           to
           Obey
           him
           as
           their
           Liege
           Lord.
           
        
         
           To
           proceed
           therefore
           .
           After
           both
           Crowns
           were
           united
           ,
           on
           the
           
           Death
           of
           Richard
           the
           First
           without
           Issue
           ,
           in
           the
           Royal
           Person
           of
           King
           Iohn
           :
           He
           ,
           about
           the
           Twelfth
           Year
           of
           his
           Reign
           of
           England
           ,
           went
           again
           into
           
             Ireland
             ,
             viz.
          
           the
           Twenty
           Eight
           day
           of
           Iune
           ,
           1210.
           and
           
             Math.
             Paris
          
           tells
           us
           ,
           pag.
           220.
           
           
             Cum
             Venisset
             ad
             Dublinensem
             Civitatem
             Occurrerunt
             ei
             ibidem
             plus
             quam
          
           20
           
             Reguli
             illius
             Regionis
             qui
             omnes
             Timore
             maximo
             preterriti
             homagium
             ei
             &
             Fidelitatem
             fecerunt
             .
             Fecit
             quoque
             Rex
             ibidem
             ,
          
           Construere
           Leges
           &
           Consuetudines
           Anglicanas
           ,
           
             ponens
             Vicecomites
             aliosque
             Ministros
             ,
             qui
             populum
             Regni
             illius
          
           juxta
           Leges
           Anglicanas
           Judicarent
           .
        
         
         
           His
           Son
           King
           Henry
           the
           Third
           
           came
           to
           the
           Crown
           the
           Nineteenth
           of
           October
           1216.
           and
           in
           November
           following
           he
           Granted
           to
           Ireland
           a
           
             Magna
             Charta
          
           ,
           Dated
           at
           Bristol
           12
           November
           ,
           the
           First
           Year
           of
           his
           Reign
           .
           'T
           is
           Prefaced
           ,
           
             that
             for
             the
             Honour
             of
             God
             ,
             and
             Advancement
             of
             Holy
             Church
             ,
             by
             the
             Advice
             of
             his
             Council
             of
             England
             ,
          
           (
           whose
           names
           are
           particularly
           recited
           )
           He
           makes
           the
           following
           
             Grant
             to
             Ireland
          
           ;
           And
           then
           goes
           on
           Exactly
           Agreeable
           to
           the
           
             Magna
             Charta
          
           which
           he
           granted
           to
           England
           ;
           only
           in
           ours
           we
           have
           
             Civitas
             Dublin
          
           ,
           &
           Avenliffee
           ,
           instead
           of
           
             Civitas
             London
          
           ,
           and
           Thamesis
           with
           other
           Alterations
           of
           the
           like
           kind
           where
           Needful
           .
           But
           ours
           is
           Eight
           years
           older
           than
           that
           which
           he
           granted
           to
           England
           ,
           it
           not
           being
           till
           the
           Ninth
           Year
           of
           his
           Reign
           ,
           and
           ours
           is
           the
           First
           Year
           .
           This
           
             Magna
             Charta
          
           of
           Ireland
           Concludes
           thus
           ,
           
             Quia
             vero
             sigillum
             nondum
             Habuimus
             presentem
             Cartam
             Sigillis
             Venerabilis
             Patris
             nostri
             Domini
             Gualt
             .
             Apost
             .
             Sedis
             Legati
             &
             Willelmi
             Mar
             eschalli
             Comitis
             Pembrooke
             Rectoris
             nostri
             &
             Regni
             nostri
             secimus
             Sigillari
             .
             Testibus
             omnibus
             praenominatis
             &
             alijs
             Multis
             D●…t
             per
             Manus
             Praedictorum
          
           
           
             Domini
             Legati
             &
             Willelmi
             Marescalli
             .
             Apud
             Bristol
             Duodecimo
             die
             Novembr
             .
             Regni
             nostri
             Anno
             Primo
             .
          
           An
           Antient
           Coppy
           of
           this
           
             Magna
             Charta
             of
             Ireland
          
           is
           to
           be
           found
           in
           the
           
             Red
             Book
          
           of
           the
           
             Exchequer
             Dublin
          
           .
        
         
           In
           February
           following
           in
           the
           First
           Year
           like
           wise
           of
           his
           Reign
           ,
           by
           Advice
           of
           all
           his
           Faithful
           Counsellors
           in
           England
           ,
           to
           gratify
           the
           Irish
           (
           says
           a
           Pryn
           )
           for
           their
           eminent
           Loyalty
           to
           his
           Father
           and
           Him
           ,
           he
           granted
           them
           out
           of
           his
           
             Special
             Grace
          
           ,
           that
           they
           and
           their
           Heirs
           for
           ever
           should
           enjoy
           the
           Liberties
           granted
           by
           his
           Father
           and
           Himself
           to
           the
           Realm
           of
           England
           ;
           which
           he
           Reduced
           into
           Writing
           ,
           and
           sent
           Seal'd
           thither
           under
           the
           Seal
           of
           the
           Popes
           Legat
           ,
           and
           W.
           Earl
           Marshal
           his
           Governour
           ,
           because
           he
           had
           then
           no
           Seal
           of
           his
           own
           .
           This
           as
           I
           conceive
           Refers
           to
           the
           foremention'd
           
             Magna
             Charta
             Hiberniae
          
           .
           The
           Record
           as
           Recited
           by
           Mr.
           Pryn
           ,
           here
           follows
           .
        
         
           
           
             Rex
             Archiepiscopis
             ,
             Episcopis
             ,
             
             Abbatibus
             ,
             Comitibus
             ,
             Baronibus
             ,
             Militibus
             &
             Libere
             Tenentibus
             ,
             &
             omnibus
             Fidelibus
             suis
             per
             Hiberniam
             Constitutis
             ,
             Salutem
             :
             Fidelitatem
             vestram
             in
             Domino
             Commendantes
             quam
             Domino
             Patri
             nostro
             semper
             Exhibuistis
             &
             nobis
             estis
             diebus
             nostris
             Exhibituri
             :
             Volumus
             quod
             in
             signum
             Fidelitatis
             vestrae
             ,
             tam
             praeclarae
             ,
             tam
             Insignis
             Libertatibus
             Regno
             nostro
             Angliae
             a
             Patre
             nostro
             &
             nobis
             Concessis
             ,
             de
             gratia
             nostra
             &
             Dono
             in
             Regno
             nostro
             Hiberniae
             guadeatis
             vos
             &
             vestri
             Haeredes
             in
             perpetuum
             .
             Quas
             Distincte
             in
             Scriptum
             Reductas
             de
             Communi
             Consilio
             omnium
             Fidelium
             nostrorum
             vobis
             Mittimus
             Signatas
             Sigillis
             Domini
             nostri
             G.
             Apostolicae
             Sedis
             Legati
             &
             Fidelis
             nostri
             Com.
             W.
             Maresc
             .
             Rectoris
             nostri
             &
             Regni
             nostri
             quia
             Sigillum
             nondum
             
             habuimus
             ,
             easdem
             processu
             temporis
             de
             Majori
             Consilio
             proprio
             Sigillo
             Signaturi
             .
          
           
             Teste
             apud
             Glouc.
             6
             Februar
             .
          
        
         
           Here
           we
           have
           a
           free
           Grant
           of
           all
           the
           
             Liberties
             of
             England
          
           to
           the
           People
           of
           Ireland
           .
           But
           we
           know
           the
           Liberties
           of
           Englishmen
           are
           Founded
           on
           that
           Universal
           
             Law
             of
             Nature
          
           ,
           that
           ought
           to
           prevail
           throughout
           the
           whole
           World
           ,
           
             of
             being
             Govern'd
             only
             by
             such
             Laws
             to
             which
             they
             give
             their
             own
             Consent
             by
             their
             Representatives
             in
             Parliament
             .
          
        
         
           And
           here
           ,
           before
           I
           proceed
           farther
           ,
           
           I
           shall
           take
           Notice
           ,
           That
           in
           the
           late
           Raised
           Controversie
           ,
           
             Whether
             the
             House
             of
             Commons
             were
             an
             Essential
             part
             of
             Parliament
             ,
          
           before
           the
           49th
           year
           of
           Henry
           the
           Third
           ;
           The
           Learned
           Mr.
           Petyt
           ,
           Keeper
           of
           the
           Records
           in
           the
           Tower
           ,
           in
           his
           Book
           on
           that
           Subject
           ,
           pag.
           71.
           
           Deduces
           his
           9th
           Argument
           
             From
             the
             Comparison
             of
             the
             Antient
          
           Generale
           Concilium
           ,
           or
           Parliament
           
             of
             Ireland
          
           ,
           
           
             instanced
             An.
          
           38
           Hen.
           III.
           
             with
             the
             Parliament
             in
             England
             ,
             wherein
             the
          
           Citizens
           and
           Burgesses
           
             were
             ;
             which
             was
             Eleven
             years
             before
             the
             pretended
             beginning
             of
             the
             Commons
             in
             England
             .
          
        
         
           For
           thus
           we
           find
           it
           in
           that
           Author
           .
        
         
           
             As
             great
             a
             Right
             and
             Privilege
             surely
             was
             and
             ought
             to
             be
             allow'd
             to
             the
             English
             Subjects
             ,
             as
             to
             the
             Irish
             ,
             before
             the
             49th
             of
             Hen.
             III.
             And
             if
             that
             be
             admitted
             ,
             and
             that
             their
             (
             the
             
               Irish
               )
               Commune
               Concilium
            
             ,
             or
             Parliament
             ,
             had
             its
             Platform
             from
             ours
             (
             the
             English
             )
             as
             I
             think
             will
             not
             be
             Deny'd
             by
             any
             that
             have
             consider'd
             the
             History
             and
             Records
             touching
             that
             Land
             
               (
               Ireland
            
             )
             we
             shall
             find
             the
             ensuing
             Records
             ,
             Ann.
             38
             Hen.
             III.
             clearly
             evince
             that
             the
             Citizens
             and
             Burgesses
             were
             then
             a
             part
             of
             their
             (
             the
             Irish
             )
             Great
             Council
             or
             Parliament
             .
          
           
             That
             King
             being
             in
             partibus
             
             Transmarinis
             ,
             and
             the
             Queen
             being
             left
             Regent
             ,
             she
             sends
             Writs
             (
             or
             a
             
             Letter
             )
             in
             the
             Kings
             Name
             ,
             directed
             
               Archiepiscopis
               ,
               Episcopis
               ,
               Abbatibus
               ,
               Prioribus
               ,
               Comitibus
               ,
               Baronibus
               ,
               Militibus
               ,
               Liberis
               Hominibus
               ,
            
             Civibus
             &
             Burgensibus
             ,
             
               Terrae
               suae
               Hiberniae
            
             ;
             telling
             them
             that
             ,
             
               Mittimus
               Fratrem
               Nicholaum
               de
               Sancto
               Neoto
               ,
               Fratrem
               Hospitii
               Sancti
               Iohannis
               Ierusalem
               in
               Anglia
               ad
               partes
               Hiberniae
               ad
               exponendum
               vobis
            
             (
             together
             with
             
               I.
               Fitz-Geoffery
            
             the
             Kings
             Justice
             )
             the
             State
             of
             his
             Land
             of
             Vascony
             ,
             endanger'd
             by
             the
             Hostile
             Invasion
             of
             the
             King
             of
             
               Castile
               ,
               qui
               nullo
               Iure
               sed
               potentia
               sua
               Confisus
               Terram
               nostram
               Vasconiae
               per
               ipsius
               Fortitudinem
               ,
               a
               manibus
               nostris
               Auferre
               &
               a
               Dominio
               Regni
               Angliae
               segregare
               Proponit
               .
            
             And
             therefore
             
               universitatem
               Vestram
               Quanta
               possumus
               Affectione
               Rogantes
               quatenus
               no●…
               &
               jura
               nostra
               totaliter
               indefens●…
               non
               deserentes
               nobis
               in
               tanto
               periculo
               quantumcunque
               poteritis
               d●…
            
             Gente
             &
             Pecunia
             subveniatis
             ;
             which
             would
             turn
             to
             their
             Everlasting
             Honour
             ;
             concluding
             .
             
               His
               nostris
               Augustiis
               taliter
               Comp●…tientes
               ,
               quod
               nos
               &
               Heraedes
               nostri
            
             
             
               vobis
               &
               Haeredibus
               vestris
               sumus
               non
               immerito
               Obligati
               .
               Teste
               Regina
               ,
               &
               R.
               Comite
               Cornubiae
               ,
               apud
            
             Windesor
             ,
             17
             
               die
               Februar
            
             .
          
           
             
               Per
               Reginam
            
             .
          
        
         
           Thus
           far
           Mr.
           Petyt
           .
        
         
           Here
           we
           have
           a
           Letter
           from
           the
           Queen
           Regent
           to
           the
           Parliament
           in
           Ireland
           ,
           in
           an
           humble
           manner
           beseeching
           them
           for
           an
           Aid
           of
           Men
           and
           Money
           against
           the
           King
           of
           Castiles
           Hostile
           Invasion
           of
           Gascony
           ;
           from
           whence
           we
           may
           perceive
           that
           in
           those
           days
           ,
           no
           more
           than
           at
           present
           ,
           Men
           and
           Money
           could
           not
           be
           Rais'd
           but
           by
           
             Consent
             of
             Parliament
          
           .
           I
           have
           been
           the
           more
           particular
           in
           Transcribing
           this
           Passage
           out
           of
           Mr.
           Petyt
           ,
           to
           shew
           that
           we
           have
           as
           Antient
           and
           Express
           an
           Authority
           for
           our
           present
           Constitution
           of
           Parliaments
           in
           Ireland
           ,
           as
           can
           be
           shewn
           in
           England
           .
           And
           I
           believe
           it
           will
           not
           be
           thought
           Adviseable
           in
           these
           latter
           Days
           ,
           to
           break
           in
           upon
           
             Old
             Settled
             Constitutions
          
           :
           No
           
           one
           knows
           how
           fatal
           the
           Consequents
           of
           that
           may
           be
           .
        
         
           To
           return
           therefore
           where
           we
           
           Digress'd
           .
           Henry
           the
           Third
           ,
           about
           the
           Twelfth
           year
           of
           his
           Reign
           ,
           did
           specially
           Impower
           
             Richard
             de
             Burgh
          
           ,
           then
           Iustice
           of
           Ireland
           ,
           at
           a
           certain
           day
           and
           place
           ,
           to
           summon
           all
           the
           Archbishops
           ,
           Bishops
           ,
           Abbots
           ,
           Priors
           ,
           Earls
           ,
           Barons
           ,
           Knights
           ,
           Freeholders
           and
           Sheriffs
           of
           each
           County
           ,
           and
           before
           them
           to
           cause
           to
           be
           Read
           the
           Charter
           of
           his
           Father
           King
           Iohn
           ,
           whereunto
           his
           Seal
           was
           Appendant
           ,
           whereby
           he
           had
           granted
           unto
           them
           the
           Laws
           and
           Customs
           of
           England
           ,
           and
           unto
           which
           they
           swore
           Obedience
           :
           And
           that
           he
           should
           cause
           the
           same
           Laws
           to
           be
           observed
           and
           Proclaimed
           in
           the
           several
           Counties
           of
           Ireland
           ,
           that
           so
           none
           presume
           to
           do
           contrary
           to
           the
           Kings
           Command
           .
           The
           Record
           I
           have
           taken
           out
           of
           Mr.
           
             (
             a
             )
             Pryn
          
           ,
           
           in
           these
           words
           :
        
         
           
             Rex
             Dilecto
             &
             Fideli
             suo
             
             Richardo
             de
             Burgo
             Justie
             '
             suo
             Hibern
             .
             Salutem
             .
             Mandamus
             vobis
             firmiter
             praecipientes
             
             quatenus
             certo
             die
             &
             Loco
             faciatis
             venire
             coram
             vobis
             Archiepiscopos
             Episcopos
             Abbates
             Priores
             Comites
             &
             Barones
             Milites
             &
             libere
             Tenentes
             &
             Ballivos
             singulorum
             Comitatum
             &
             coram
             eis
             Publice
             legi
             faciatis
             Chartam
             Domini
             J.
             Regis
             Patris
             nostri
             cui
             Sigillum
             suum
             appensum
             est
             quam
             fieri
             fecit
             &
             jurari
             a
             Magnatibus
             Hibern
             .
             de
             Legibus
             &
             Consuetudinis
             Angliae
             Observandis
             in
             Hibernia
             .
             Et
             praecipiatis
             eis
             ex
             parte
             nostra
             quod
             Leges
             illas
             &
             Consuctudines
             in
             Charta
             praedicta
             contentas
             de
             caetero
             firmiter
             teneant
             &
             observent
             &
             hoc
             idem
             per
             singulos
             Commitatus
             Hiberniae
             clamari
             faciatis
             &
             teneri
             prohibentes
             firmiter
             ex
             parte
             nostra
             &
             super
             foris
             facturam
             nostram
             nequis
             contra
             hoc
             Mandatum
             nostrum
             venire
             praesumat
             ,
             
               &c.
               
               Teste
               Me
               ipso
               Apud
               Westm
               '
               8
               die
               Maii
               An.
               Reg.
               nostri
               12.
               
            
          
        
         
         
           By
           what
           foregoes
           ,
           I
           presume
           it
           plainly
           appears
           ,
           that
           by
           three
           several
           Establishments
           under
           the
           three
           first
           Kings
           of
           Ireland
           of
           the
           
             Norman
             Race
          
           ,
           the
           
             Laws
             and
             Liberties
             of
             the
             People
             of
             England
             ,
             were
             granted
             to
             the
             People
             of
             Ireland
             .
          
           And
           that
           neither
           of
           these
           three
           Kings
           Established
           those
           Laws
           in
           Ireland
           by
           any
           Power
           of
           the
           Parliament
           of
           England
           ,
           but
           by
           the
           free
           
             Consent
             ,
             Allowance
          
           and
           Acceptance
           of
           the
           People
           of
           Ireland
           .
        
         
           Hen.
           II.
           first
           introduced
           the
           Laws
           
           of
           England
           into
           Ireland
           ,
           in
           a
           Publick
           Assembly
           of
           the
           Irish
           at
           Lismore
           ,
           and
           Allowed
           them
           the
           Freedom
           of
           Parliaments
           to
           be
           held
           in
           Ireland
           ,
           as
           they
           were
           held
           in
           England
           .
        
         
           King
           John
           at
           the
           Request
           ,
           and
           by
           the
           Consent
           of
           the
           Irish
           ,
           did
           appoint
           the
           Laws
           of
           England
           to
           be
           of
           Force
           in
           Ireland
           ;
           and
           tho'
           he
           did
           not
           this
           till
           the
           Twelfth
           year
           of
           his
           Reign
           of
           England
           ,
           yet
           he
           did
           it
           not
           as
           
             King
             of
             England
          
           ,
           but
           as
           Lord
           of
           Ireland
           :
           For
           the
           Crown
           of
           England
           came
           to
           him
           by
           Descent
           
           from
           his
           Brother
           Richard
           ,
           who
           had
           
             no
             Regal
             Power
          
           in
           Ireland
           ;
           and
           what
           his
           Brother
           had
           not
           ,
           could
           not
           descend
           to
           him
           .
        
         
           Henry
           the
           Third
           in
           the
           first
           year
           of
           his
           Reign
           gave
           Ireland
           a
           
             Magna
             Charta
          
           ;
           and
           in
           the
           Twelfth
           year
           of
           his
           Reign
           did
           provide
           ,
           That
           all
           the
           Laws
           of
           England
           should
           be
           observ'd
           in
           Ireland
           ;
           and
           that
           the
           Charter
           granted
           to
           the
           Irish
           by
           his
           Father
           King
           Iohn
           under
           his
           Seal
           ,
           when
           he
           was
           in
           that
           Kingdom
           ,
           should
           be
           kept
           inviolably
           .
        
         
           And
           from
           the
           Days
           of
           these
           Three
           Kings
           ,
           have
           England
           and
           Ireland
           been
           both
           Govern'd
           by
           the
           like
           Forms
           of
           Government
           under
           one
           and
           the
           same
           Supreme
           Head
           ,
           
             the
             King
             of
             England
          
           ;
           yet
           so
           ,
           as
           both
           Kingdoms
           remain'd
           Separate
           and
           Distinct
           in
           their
           several
           Jurisdictions
           under
           that
           
             One
             Head
          
           ,
           as
           are
           the
           Kingdoms
           of
           England
           and
           Scotland
           at
           this
           day
           ,
           without
           any
           Subordination
           of
           the
           One
           to
           the
           Other
           .
        
         
           It
           were
           endless
           to
           mention
           all
           
           Records
           and
           Precedents
           that
           might
           be
           quoted
           for
           the
           Establishment
           of
           the
           Laws
           of
           England
           in
           Ireland
           ;
           I
           shall
           therefore
           enter
           no
           farther
           into
           that
           Matter
           ,
           but
           therein
           refer
           to
           Lord
           Chief
           Justice
           Cook
           ,
           a
           Pryn
           ,
           b
           Reyly
           ,
           c
           &c.
           
        
         
           If
           now
           we
           Enquire
           ,
           
             What
             were
             those
             Laws
             of
             England
             that
             became
             thus
             Established
             in
             Ireland
             ?
          
           Surely
           we
           must
           first
           reckon
           the
           Great
           
             Law
             of
             Parliaments
          
           ,
           which
           England
           so
           
           justly
           Challenges
           ,
           and
           all
           Mankind
           have
           a
           Right
           to
           .
           By
           the
           
             Law
             of
             Parliament
          
           ,
           I
           mean
           that
           Law
           where
           by
           all
           Laws
           receive
           their
           Sanction
           ,
           
             The
             Free
             Debates
             and
             Consent
             of
             the
             People
             ,
             by
             Themselves
             ,
             or
             their
             Chosen
             Representatives
             .
          
           That
           this
           was
           a
           main
           Branch
           of
           the
           English
           Law
           Established
           in
           this
           Kingdom
           ,
           and
           the
           very
           Foundation
           of
           our
           Future
           Legislature
           ,
           appears
           manifest
           from
           Parliaments
           being
           so
           early
           convok'd
           in
           Ireland
           ,
           as
           the
           fore-mention'd
           Precedents
           express
           .
        
         
           Mr.
           Pryn
           acknowledges
           one
           in
           Hen.
           II's
           time
           ,
           
             (
             pag.
          
           259.
           against
           the
           4th
           Instit.
           )
           but
           makes
           a
           very
           false
           
           Conclusion
           ,
           that
           there
           appears
           no
           Footsteps
           of
           a
           Parliament
           afterwards
           ,
           till
           the
           third
           year
           of
           Edward
           the
           Second
           ,
           because
           the
           Acts
           of
           that
           Parliament
           are
           the
           first
           that
           are
           Printed
           in
           our
           Irish
           Statute-Book
           :
           For
           so
           we
           may
           argue
           the
           Parliaments
           of
           England
           to
           be
           of
           later
           Date
           than
           pretended
           ,
           when
           we
           find
           the
           first
           Printed
           Acts
           in
           Keeble
           to
           be
           no
           older
           than
           the
           9th
           of
           Hen.
           III.
           Whereas
           't
           is
           most
           certain
           ,
           that
           Parliaments
           have
           been
           held
           in
           England
           some
           Ages
           before
           that
           .
        
         
           After
           this
           
             Great
             Law
             of
             Parliaments
          
           ,
           
           we
           may
           reckon
           the
           
             Common
             Law
          
           of
           England
           ,
           whether
           it
           relates
           to
           Regulating
           and
           Setling
           of
           Property
           ,
           and
           Estates
           in
           Goods
           or
           Land
           ,
           or
           to
           the
           Iudiciary
           and
           Executive
           parts
           of
           the
           Law
           ,
           and
           the
           Ministers
           and
           Process
           thereof
           ,
           or
           to
           Criminal
           Cases
           .
           These
           surely
           were
           all
           Establish'd
           in
           this
           Country
           ,
           by
           the
           three
           first
           Kings
           of
           Ireland
           of
           the
           Norman
           Race
           .
        
         
           Let
           us
           now
           consider
           the
           state
           of
           
           the
           
             Statute
             Laws
          
           of
           England
           under
           
           these
           three
           Kings
           ,
           and
           their
           Predecessors
           :
           For
           by
           the
           Irish
           Voluntary
           Submission
           to
           ,
           and
           Acceptance
           of
           the
           Laws
           and
           Government
           of
           England
           ,
           we
           must
           repute
           them
           to
           have
           submitted
           themselves
           to
           these
           likewise
           ;
           till
           a
           Regular
           Legislature
           was
           Establish'd
           amongst
           them
           ,
           in
           pursuance
           of
           that
           Submismission
           and
           Voluntary
           Acceptance
           .
        
         
           And
           here
           we
           shall
           find
           ,
           that
           in
           
           those
           Times
           ,
           viz.
           from
           the
           Norman
           Conquest
           to
           Henry
           the
           Third's
           time
           inclusive
           ,
           the
           Statute-Laws
           of
           England
           were
           very
           few
           and
           slender
           .
           'T
           is
           true
           ,
           that
           before
           the
           12th
           of
           Hen.
           III.
           we
           find
           amongst
           the
           English
           Historians
           frequent
           mention
           of
           the
           Laws
           of
           
             Edward
             the
             Confessor
             ,
             William
             the
             Conquerour
             ,
             Hen.
          
           I.
           Hen.
           II.
           
             King
             Iohn
          
           ,
           and
           Hen.
           III.
           All
           which
           are
           only
           Charters
           ,
           or
           several
           Grants
           of
           Liberties
           from
           the
           King
           ;
           which
           nevertheless
           had
           the
           force
           of
           Acts
           of
           Parliament
           ,
           and
           laid
           as
           great
           Obligations
           both
           upon
           Prince
           and
           People
           ,
           as
           Acts
           of
           Parliament
           do
           at
           this
           day
           :
           Whereof
           we
           may
           read
           several
           Proofs
           in
           the
           
             Princes
             Case
          
           ,
           Cook
           's
           8th
           Report
           .
           But
           these
           were
           
           only
           so
           many
           Confirmations
           of
           each
           other
           ,
           and
           all
           of
           them
           
             Sanctions
             of
             the
             Common
             Laws
          
           and
           Liberties
           of
           the
           People
           of
           
             England
             ,
             ab
             Antiquo
             Usitatae
             &
             comprohatae
             per
             totam
             terram
             &
             in
             quibus
             ipsi
             &
             eorum
             Patres
             nati
             &
             nutriti
             sunt
             ,
          
           as
           the
           words
           of
           the
           Manuscript
           
             Chronicle
             of
             Litchfield
          
           express
           it
           .
        
         
           The
           Laws
           of
           
             Edward
             the
             Confessor
          
           ,
           
           held
           in
           so
           great
           Veneration
           in
           Antient
           Times
           ,
           
             &
             per
             universum
             Regnum
             corroboratae
             &
             confirmatae
             ,
             prius
             inventae
             &
             Constitutae
             fuerunt
             Tempore
             Regis
             Edgari
             Avi
             sui
             .
             Verum
             tamen
             post
             mortem
             ipsius
             Regis
          
           Edgari
           ,
           
             usque
             ad
             Coronationem
             Sancti
             Regis
          
           Edwardi
           (
           which
           was
           67
           years
           )
           
             praedictae
             Leges
             Sopitae
             sunt
             &
             penitus
             intermissae
             .
             Sed
             postquam
             Rex
          
           Edwardus
           
             in
             Regno
             sublimatus
             fuit
             Consilio
             Baronum
             Angliae
             Legem
             illam
             sopitam
             Excitavit
             ,
             Excitam
             Reparavit
             ,
             Reparatam
             Decoravit
             ,
             Decoratam
             Confirmavit
             ;
             &
             confirmatae
             vocantur
          
           Lex
           Sancti
           Regis
           Edwardi
           ,
           
             non
             quod
          
           ipse
           primus
           eam
           ad
           invenisset
           ;
           sed
           quod
           Reparavit
           ,
           Restituitque
           ,
           a
           as
           the
           said
           Litchfield
           Chronicle
           has
           it
           .
           These
           Laws
           
           of
           
             Edward
             the
             Confessor
          
           were
           transcribed
           by
           
             Ingulphus
             Abbot
             of
             Croy
             land
          
           under
           
             William
             the
             Conqueror
          
           and
           are
           annexed
           to
           his
           History
           .
        
         
           The
           Laws
           of
           
             William
             the
             Conqueror
          
           are
           but
           
             a
             Confirmation
          
           of
           the
           
           Laws
           of
           
             Edward
             the
             Confessor
          
           ,
           with
           some
           small
           alterations
           ,
           as
           the
           very
           Letter
           of
           those
           Laws
           themselves
           express
           it
           .
           b
           
             Hoc
             quoque
             praecipimus
             ut
             omnes
             habeant
             &
             teneant
             Leges
             Edwardi
             Regis
             in
             omnibus
             Rebus
             adauctis
             his
             quas
             constituimus
             ad
             Utilitatem
             Anglorum
             .
          
        
         
           The
           Laws
           of
           Henry
           I.
           which
           are
           in
           the
           
             Red
             Book
             of
             the
             Exchequer
          
           ,
           
           in
           the
           custody
           of
           the
           Kings
           Remembrancer
           in
           England
           ,
           are
           but
           a
           summary
           confirmation
           both
           of
           the
           Laws
           of
           
             Edward
             the
             Confessor
          
           and
           
             William
             the
             First
          
           ,
           as
           the
           Charter
           it self
           expresses
           it
           ,
           c
           
             Lagam
             Regis
          
           Edwardi
           
             vobis
             Reddo
             cum
             illis
             emendationibus
             quibus
             Pater
             meus
             emendavit
             Consilio
             Baronum
             suorum
             .
          
        
         
           The
           Laws
           of
           Henry
           II.
           called
           
           
             Constitutiones
             Clarendoniae
          
           ,
           and
           the
           
             Assize
             of
             Clarendon
          
           in
           the
           2d
           part
           of
           
           
             Cooks
             Inst.
          
           p.
           6.
           are
           all
           but
           confirmations
           and
           vindications
           of
           the
           King
           's
           just
           Prerogative
           against
           the
           Usurpations
           of
           the
           Pope
           and
           Clergy
           :
           As
           we
           find
           at
           large
           in
           
             Chron.
             Gervasii
             .
             Doroborn
          
           p.
           1387.
           
           Edit
           .
           Lond.
           an
           .
           1652.
           
        
         
           The
           Laws
           of
           
             King
             John
          
           ,
           called
           
           The
           
             Great
             Charter
             of
             King
             John
          
           ,
           granted
           in
           the
           17th
           Year
           of
           his
           Reign
           ,
           upon
           the
           Agreement
           made
           between
           him
           and
           his
           Barons
           at
           Running-Mead
           between
           Staines
           and
           Windsor
           ,
           was
           but
           a
           Confirmation
           of
           the
           Laws
           of
           
             Edward
             the
             Confessor
          
           and
           
             Henry
             the
             First
          
           ,
           as
           d
           
             Mat.
             Paris
          
           relates
           it
           .
           
             Anno
             Regis
          
           Johannis
           17.
           
             venientes
             ad
             Regem
             magnates
             petierunt
             quasdam
             Libertates
             &
             Leges
             Regis
          
           Edwardi
           
             cum
             aliis
             libertatibus
             sibi
             &
             Regno
             Angliae
             &
             Ecclesiae
             Anglicanae
             concessis
             confirmari
             prout
             in
             Charta
             Regis
          
           Hen
           I.
           
             ascriptae
             continentur
          
           .
           The
           same
           Historian
           gives
           us
           also
           at
           large
           both
           
             Charta
             Libertatum
          
           ,
           and
           
             Charta
             de
             Foresta
          
           ,
           which
           are
           not
           extant
           in
           the
           Rolls
           of
           those
           times
           ,
           nor
           to
           be
           found
           in
           any
           till
           the
           28th
           of
           Edward
           I.
           and
           that
           but
           by
           inspeximus
           .
        
         
         
           The
           Laws
           of
           Henry
           III.
           contain'd
           in
           
             Magna
             Charta
          
           and
           
             Charta
             de
             Forresta
          
           ,
           
           both
           which
           are
           called
           
             Magnae
             Chartae
             Libertatis
             Angliae
          
           ,
           and
           were
           establish'd
           about
           the
           9th
           Year
           of
           Henry
           III.
           are
           for
           the
           most
           part
           but
           declaratory
           of
           the
           common
           municipal
           Laws
           of
           England
           ,
           and
           that
           too
           no
           new
           declaration
           thereof
           ;
           for
           King
           Iohn
           in
           the
           17th
           year
           of
           his
           Reign
           had
           granted
           the
           like
           before
           ,
           which
           was
           also
           call'd
           
             Magna
             Charta
          
           .
           a
           And
           by
           the
           English
           Statute
           25
           Ed.
           1.
           c.
           1.
           it
           is
           Enacted
           ,
           That
           the
           
             Great
             Charter
          
           ,
           and
           the
           
             Charter
             of
             the
             Forrest
          
           be
           taken
           as
           the
           
             Common
             Law
             of
             England
          
           .
        
         
           By
           what
           foregoes
           ,
           I
           conceive
           ,
           it
           is
           very
           clear
           ,
           That
           all
           the
           Charters
           and
           
             Grants
             of
             Liberties
          
           from
           
             Edward
             the
             Confessor's
          
           time
           down
           to
           the
           9th
           of
           
             Henry
             the
             Third
          
           were
           but
           Confirmations
           one
           of
           another
           ,
           and
           all
           of
           them
           Declarations
           ,
           and
           Confirmations
           of
           the
           
             Common
             Law
             of
             England
          
           .
           And
           by
           the
           several
           Establishments
           ,
           which
           we
           have
           formerly
           mention'd
           ,
           of
           the
           Laws
           of
           England
           to
           be
           of
           force
           in
           Ireland
           :
           
           First
           ,
           in
           the
           13th
           of
           Henry
           II.
           Secondly
           in
           the
           12th
           of
           King
           Iohn
           .
           Thirdly
           ,
           in
           the
           12th
           of
           Henry
           III.
           All
           those
           Laws
           and
           Customs
           of
           England
           ,
           which
           by
           those
           several
           Charters
           were
           Declared
           and
           Confirmed
           to
           be
           the
           Laws
           of
           England
           ,
           were
           establish'd
           to
           be
           of
           force
           in
           Ireland
           .
           And
           thus
           Ireland
           came
           to
           be
           govern'd
           by
           one
           and
           the
           same
           
             Common
             Law
          
           with
           England
           ;
           and
           those
           Laws
           continue
           as
           part
           of
           the
           municipal
           and
           fundamental
           Laws
           of
           both
           Kingdoms
           to
           this
           day
           .
        
         
           It
           now
           remains
           that
           we
           enquire
           ,
           
           How
           the
           
             Statute
             Laws
          
           and
           
             Acts
             of
             Parliament
          
           made
           in
           
             England
             since
          
           the
           9th
           of
           
             Henry
             the
             Third
          
           came
           to
           be
           of
           force
           in
           Ireland
           ;
           And
           whether
           all
           or
           any
           of
           them
           ,
           and
           which
           ,
           are
           in
           force
           here
           ,
           and
           when
           and
           how
           they
           came
           to
           be
           so
           .
        
         
           And
           the
           first
           Precedent
           that
           occurs
           in
           our
           Books
           ,
           of
           Acts
           of
           Parliament
           in
           Ireland
           particularly
           mentioning
           and
           confirming
           special
           Acts
           of
           Parliament
           in
           England
           ,
           is
           found
           in
           a
           Marginal
           Note
           of
           Sir
           Richard
           Bolton's
           formerly
           Lord
           Chief
           Baron
           
           of
           the
           Exchequer
           in
           Ireland
           ,
           affixed
           in
           his
           Edition
           of
           the
           
             Irish
             Statutes
          
           to
           Stat.
           10
           Hen.
           7.
           
           Cap.
           22.
           to
           this
           purport
           ,
           That
           in
           13
           Edw.
           II.
           
             by
             Parliament
             in
             this
             Realm
             of
          
           Ireland
           
             the
             Statutes
             of
          
           Merton
           ,
           
             made
             the
          
           20th
           
           of
           Hen.
           II.
           
             and
             the
             Statutes
             of
          
           Marlbridge
           ,
           
             made
             the
          
           52
           of
           Henry
           
             the
             Third
             ;
             The
             Statute
             of
          
           Westminster
           
             the
             First
             ,
             made
             the
             3d
             of
          
           Edward
           
             the
             First
             ;
             The
             Statute
             of
          
           Gloucester
           ,
           
             made
             the
             6th
             of
          
           Edward
           
             the
             First
             ▪
             And
             the
             Statute
             of
          
           Westminster
           
             the
             Second
             ,
             made
             the
             13th
             of
          
           Edward
           
             the
             First
             ,
             were
             all
             confirm'd
             in
             this
             Kingdom
             ,
             and
             all
             other
             Statutes
             which
             were
             of
             force
             in
          
           England
           ,
           
             were
             referr'd
             to
             be
             Examin'd
             in
             the
             next
             Parliament
             ;
             and
             so
             many
             as
             were
             then
             Allow'd
             and
             Publish'd
             ,
             to
             stand
             likewise
             for
             Laws
             in
             this
             Kingdom
             .
          
           
           
             And
             in
             the
             10th
             of
          
           Henry
           
             the
             Fourth
             ,
             it
             was
             Enacted
             in
             this
             Kingdom
             of
          
           Ireland
           ,
           That
           the
           Statutes
           made
           in
           England
           should
           not
           be
           of
           force
           in
           this
           Kingdom
           ,
           unless
           they
           were
           Allow'd
           and
           Publish'd
           in
           this
           Kingdom
           by
           Parliament
           .
           
             And
             the
             like
             Statute
             was
             made
             again
             in
             the
             29th
             of
          
           Henry
           
             the
             Sixth
             .
             These
             Statutes
             are
             not
             to
             be
             found
             in
             the
          
           
           Rolls
           ,
           nor
           any
           Parliament
           Roll
           
             of
             that
             time
             ;
             but
             he
          
           (
           Sir
           Richard
           Bolton
           )
           
             had
             seen
             the
             same
             Exemplisy'd
             under
             the
             Great
             Seal
             ,
             and
             the
          
           Exemplification
           
             remaineth
             in
             the
             Treasury
             of
             the
             City
             of
          
           Waterford
           .
           Thus
           far
           the
           Note
           .
           If
           we
           consider
           the
           frequent
           Troubles
           and
           Distractions
           in
           Ireland
           ,
           we
           shall
           not
           wonder
           that
           these
           ,
           and
           many
           other
           Rolls
           and
           Records
           ,
           have
           been
           lost
           in
           this
           Kingdom
           :
           For
           from
           the
           third
           year
           of
           Edward
           the
           Second
           ,
           which
           was
           Anno
           1310.
           through
           the
           whole
           Reigns
           of
           Edward
           III.
           Richard
           II.
           Henry
           IV.
           and
           Henry
           V.
           and
           so
           to
           the
           Seventh
           year
           of
           Henry
           the
           Sixth
           ,
           Anno
           1428.
           which
           is
           about
           118
           years
           ,
           there
           are
           not
           any
           
             Parliament
             Rolls
          
           to
           be
           found
           ,
           a
           yet
           certain
           it
           is
           ,
           that
           divers
           Parliaments
           were
           held
           in
           Ireland
           in
           those
           times
           .
           b
           The
           same
           may
           be
           said
           from
           Henry
           the
           Second's
           coming
           into
           
             Ireland
             ,
             Anno
          
           1172.
           to
           the
           third
           year
           of
           Edward
           the
           Second
           ,
           Anno
           1310.
           about
           138
           years
           .
        
         
           Perhaps
           it
           may
           be
           said
           ,
           That
           if
           here
           were
           such
           Statutes
           of
           Ireland
           as
           the
           said
           Acts
           of
           the
           10th
           of
           
           Henry
           the
           Fourth
           ,
           and
           the
           29th
           of
           Henry
           the
           Sixth
           ;
           As
           they
           shew
           ,
           that
           the
           Parliaments
           of
           Ireland
           did
           think
           that
           English
           Acts
           of
           Parliament
           could
           not
           bind
           Ireland
           ;
           yet
           they
           shew
           likewise
           ,
           that
           even
           in
           those
           days
           the
           Parliaments
           of
           England
           did
           claim
           this
           Superiority
           ;
           or
           else
           ,
           to
           what
           purpose
           were
           the
           said
           Acts
           made
           ,
           unless
           in
           denial
           of
           that
           Claim
           ?
        
         
           All
           which
           I
           hope
           may
           be
           readily
           granted
           without
           any
           prejudice
           to
           the
           Right
           of
           the
           Irish
           Parliaments
           :
           There
           is
           nothing
           so
           common
           ,
           as
           to
           have
           one
           Man
           claim
           another
           Mans
           Right
           :
           And
           if
           bare
           Pretence
           will
           give
           a
           Title
           ,
           no
           Man
           is
           secure
           :
           And
           it
           will
           be
           yet
           worse
           ,
           if
           when
           another
           so
           Pretends
           ,
           and
           I
           insist
           on
           
             my
             Right
          
           ,
           my
           Just
           Claim
           shall
           be
           turn'd
           to
           my
           Prejudice
           ,
           and
           to
           the
           Disparagement
           of
           my
           Title
           .
        
         
           We
           know
           very
           well
           that
           many
           of
           the
           Judges
           of
           our
           Four
           Courts
           have
           been
           from
           time
           to
           time
           sent
           us
           out
           of
           England
           ;
           and
           some
           of
           them
           may
           easily
           be
           supposed
           to
           
           come
           over
           hither
           Prepossess'd
           with
           an
           Opinion
           of
           our
           Parliaments
           being
           subordinate
           to
           that
           of
           England
           .
           Or
           at
           least
           ,
           some
           of
           them
           may
           be
           Scrupulous
           ,
           and
           desirous
           of
           full
           Security
           in
           this
           Point
           ;
           and
           on
           their
           Account
           ,
           and
           for
           their
           Satisfaction
           ,
           such
           Acts
           as
           aforesaid
           ,
           may
           be
           devised
           ,
           and
           Enacted
           in
           Ireland
           .
           But
           then
           ,
           God
           forbid
           ,
           that
           these
           Acts
           should
           afterwards
           be
           laid
           hold
           of
           to
           a
           clear
           other
           intent
           than
           what
           they
           were
           framed
           for
           ;
           and
           instead
           of
           Declaring
           and
           Securing
           our
           Rights
           ,
           should
           give
           an
           Handle
           of
           Contest
           ,
           by
           shewing
           that
           our
           Rights
           have
           been
           question'd
           of
           Antient
           Time.
           
        
         
           In
           conclusion
           of
           all
           ,
           If
           this
           Superiority
           of
           the
           Parliament
           of
           England
           have
           been
           Doubted
           a
           great
           while
           ago
           ,
           so
           it
           has
           been
           as
           great
           a
           while
           ago
           Strenuously
           Opposed
           ,
           and
           Absolutely
           Denied
           by
           the
           Parliaments
           of
           Ireland
           .
           And
           by
           the
           way
           ,
           I
           shall
           take
           Notice
           ,
           That
           from
           whencesoever
           this
           Antient
           Pretence
           of
           
           Ireland's
           Subordination
           proceeded
           in
           those
           days
           ,
           it
           did
           not
           arise
           from
           the
           Parliament
           of
           England
           
           it self
           :
           For
           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
           ,
           as
           appears
           by
           what
           foregoes
           .
        
         
           Afterwards
           by
           a
           Statute
           made
           in
           Ireland
           the
           18th
           of
           Hen.
           VI.
           Cap.
           1.
           
           All
           the
           Statutes
           made
           in
           England
           against
           the
           Extortions
           and
           Oppressions
           of
           Purveyors
           ,
           are
           Enacted
           to
           be
           
             holden
             and
             kept
             in
             all
             Points
             ,
             and
             put
             in
             Execution
             in
             this
             Land
             of
             Ireland
             .
          
        
         
           And
           in
           the
           32d
           year
           of
           Henry
           the
           Sixth
           ,
           Cap.
           1.
           by
           a
           Parliament
           in
           Ireland
           ,
           't
           is
           Enacted
           ,
           
             That
             all
             the
             Statutes
             made
             against
          
           Provisors
           
             to
             the
             Court
             of
          
           Rome
           ,
           
             as
             well
             in
          
           England
           
             as
             in
          
           Ireland
           ,
           
             be
             had
             and
             kept
             in
             force
             .
          
        
         
           After
           this
           ,
           in
           a
           Parliament
           at
           Drogheda
           the
           8th
           of
           Edward
           IV.
           cap.
           1.
           it
           was
           Ratify'd
           ,
           That
           the
           English
           Statute
           against
           Rape
           ,
           made
           the
           6th
           of
           Richard
           the
           Second
           ,
           
           should
           be
           of
           Force
           in
           Ireland
           from
           the
           6th
           day
           of
           March
           last
           past
           :
           
             And
             that
             from
             henceforth
             the
             said
             Act
             ,
             and
             all
             other
             Statutes
             and
             Acts
             made
             by
             Authority
             of
             Parliament
             within
             the
             Realm
             of
          
           England
           ,
           
             be
             Ratify'd
             and
             Confirm'd
             ,
             and
             Adjudged
             by
             the
             Authority
             of
             this
             Parliament
             in
             their
             Force
             and
             Strength
             ,
             from
             the
             said
             sixth
             day
             of
             March.
          
           We
           shall
           hereafter
           have
           occasion
           of
           taking
           farther
           Notice
           of
           this
           Statute
           upon
           another
           Account
           .
        
         
           Lastly
           ,
           In
           a
           Parliament
           held
           at
           
           Drogheda
           the
           10th
           of
           Henry
           the
           Seventh
           ,
           cap.
           22.
           it
           is
           Enacted
           ,
           
             That
             all
             Statutes
          
           late
           (
           that
           is
           ,
           as
           the
           a
           Learned
           in
           the
           Laws
           expound
           it
           ,
           
             before
             that
             time
             )
             made
             in
          
           England
           ,
           
             concerning
             the
             Common
             and
             Publique
             Weal
             of
             the
             same
             ,
             from
             henceforth
             be
             Deem'd
             effectual
             in
             Law
             ,
             and
             be
             Accepted
             ,
             Used
             and
             Executed
             within
             this
             Land
             of
             Ireland
             in
             all
             Points
             ,
          
           &c.
           
        
         
           b
           And
           in
           the
           14th
           year
           of
           the
           same
           Kings
           Reign
           ,
           in
           a
           Parliament
           held
           at
           Tristle-Dermot
           ,
           it
           was
           Enacted
           ,
           That
           all
           Acts
           of
           Parliament
           
           made
           in
           England
           for
           Punishing
           
             Customers
             ,
             Controulers
          
           ,
           and
           Searchers
           ,
           for
           their
           Misdemeanors
           ;
           or
           for
           Punishment
           of
           Merchants
           or
           Factors
           ,
           be
           of
           Force
           here
           in
           
             Ireland
             ,
             Provided
          
           they
           be
           first
           Proclaim'd
           at
           
             Dublin
             ,
             Drogheda
          
           ,
           and
           other
           Market-Towns
           .
        
         
           Thus
           we
           see
           by
           what
           Steps
           and
           Degrees
           all
           the
           Statutes
           which
           were
           made
           in
           England
           from
           the
           time
           of
           
             Magna
             Charta
          
           ,
           to
           the
           10th
           of
           Henry
           the
           Seventh
           ,
           which
           did
           concern
           the
           Common
           Publick
           Weal
           ,
           were
           Receiv'd
           ,
           Confirm'd
           ,
           Allow'd
           ,
           and
           Authoriz'd
           to
           be
           of
           Force
           in
           Ireland
           ;
           all
           which
           was
           done
           by
           Assent
           of
           the
           
             Lords
             Spiritual
          
           and
           Temporal
           ,
           and
           the
           Commons
           in
           the
           
             Parliament
             of
             Ireland
          
           Assembled
           ,
           and
           
             no
             Otherwise
          
           .
        
         
           We
           shall
           next
           Enquire
           ,
           Whether
           
           there
           are
           not
           other
           Acts
           of
           the
           English
           Parliament
           ,
           both
           before
           and
           since
           the
           10th
           of
           Henry
           the
           Seventh
           ,
           which
           were
           and
           are
           of
           Force
           in
           Ireland
           ,
           tho'
           not
           Allow'd
           of
           by
           Parliament
           in
           this
           Kingdom
           .
           And
           we
           shall
           find
           ,
           That
           by
           the
           Opinion
           
           on
           of
           our
           best
           Lawyers
           ,
           
             there
             are
             divers
             such
          
           ;
           but
           then
           they
           are
           only
           such
           as
           are
           Declaratory
           of
           the
           
             Antient
             Common
             Law
          
           of
           England
           ,
           and
           not
           introductive
           of
           any
           
             New
             Law
          
           :
           For
           these
           become
           of
           Force
           by
           the
           first
           
             General
             Establishment
          
           of
           the
           
             Common
             Laws
          
           of
           England
           in
           this
           Kingdom
           ,
           under
           Henry
           the
           Second
           ,
           King
           Iohn
           ,
           and
           Henry
           the
           Third
           ;
           and
           need
           no
           particular
           Act
           of
           Ireland
           for
           their
           Sanction
           .
        
         
           As
           to
           those
           English
           Statutes
           
           since
           the
           10th
           of
           Henry
           the
           Seventh
           ,
           that
           are
           Introductive
           of
           a
           New
           Law
           ,
           it
           was
           never
           made
           a
           Question
           whether
           they
           should
           Bind
           Ireland
           ,
           without
           being
           Allow'd
           in
           Parliament
           here
           ;
           till
           of
           very
           late
           years
           this
           Doubt
           began
           to
           be
           moved
           ;
           and
           how
           it
           has
           been
           Carried
           on
           and
           Promoted
           ,
           shall
           Appear
           more
           fully
           hereafter
           .
        
         
           I
           say
           ,
           
             Till
             of
             very
             late
             years
          
           ;
           for
           the
           Antient
           Precedents
           which
           we
           have
           to
           the
           contrary
           ,
           are
           very
           numerous
           .
           Amongst
           many
           ,
           we
           shall
           mention
           the
           following
           Particulars
           .
        
         
         
           In
           the
           21th
           of
           Henry
           the
           8th
           an
           Act
           was
           made
           in
           England
           making
           it
           Felony
           in
           a
           Servant
           that
           runneth
           away
           with
           his
           Masters
           or
           Mistresses
           Goods
           .
           This
           Act
           was
           not
           receiv'd
           in
           Ireland
           till
           it
           was
           Enacted
           by
           a
           Parliament
           held
           here
           in
           the
           33d
           of
           Henry
           the
           8th
           .
           c.
           5.
           
           Ses.
           1.
           
        
         
           In
           the
           21th
           of
           Henry
           VIII
           .
           c.
           19.
           there
           was
           a
           Law
           made
           in
           England
           ,
           That
           all
           Lords
           might
           Distrain
           on
           the
           Lands
           of
           them
           holden
           ,
           and
           make
           their
           Avowry
           not
           naming
           the
           Tenant
           ,
           but
           the
           Land.
           But
           this
           was
           not
           of
           force
           in
           Ireland
           till
           Enacted
           here
           in
           the
           33d
           of
           Henry
           VIII
           .
           C.
           1.
           
           Ses.
           1.
           
        
         
           An
           Act
           was
           made
           in
           
             England
             ,
             anno
          
           31.
           
           Henry
           VIII
           .
           That
           Joint-Tenents
           and
           Tenents
           in
           Common
           should
           be
           compelled
           to
           make
           Partition
           ,
           as
           Coparceners
           were
           compellable
           at
           Common
           Law.
           But
           this
           Act
           was
           not
           Receiv'd
           in
           Ireland
           till
           Enacted
           here
           An.
           33.
           
           Henry
           VIII
           .
           c.
           10.
           
        
         
         
           Anno
           27.
           
           Henry
           VIII
           .
           c.
           10.
           
           The
           Statute
           for
           Transferring
           Uses
           into
           Possession
           was
           made
           in
           England
           ;
           but
           not
           admitted
           in
           Ireland
           till
           10.
           
           Car.
           1.
           
           Ses.
           2.
           
        
         
           In
           like
           manner
           ,
           the
           English
           Statute
           33.
           
           Henry
           VIII
           .
           c.
           1.
           directing
           how
           Lands
           and
           Tenements
           may
           be
           dispos'd
           by
           Will
           ,
           &c.
           was
           not
           of
           force
           in
           Ireland
           till
           10.
           
           Car.
           2.
           
           Ses.
           2.
           
        
         
           The
           Act
           of
           Uniformity
           of
           Common
           Prayer
           and
           Administration
           of
           the
           Sacraments
           was
           made
           in
           England
           the
           1st
           .
           of
           Eliz.
           c.
           2.
           but
           was
           not
           establish'd
           in
           Ireland
           till
           the
           2d
           .
           of
           Eliz.
           c.
           2.
           
           And
           so
           that
           of
           England
           14.
           
           Car.
           2.
           c.
           14.
           was
           not
           receiv'd
           in
           Ireland
           till
           17.
           
           &
           18.
           
           Car.
           2
           c.
           6.
           
        
         
           The
           Statute
           against
           Wilful
           Perjury
           made
           in
           England
           5.
           
           Eliz.
           c.
           9.
           was
           not
           Enacted
           in
           Ireland
           till
           28
           Eliz.
           c.
           1.
           
        
         
           So
           the
           English
           Act
           against
           Witchcraft
           and
           Sorcery
           made
           5
           Eliz.
           c.
           16.
           
           
           And
           another
           Act
           against
           Forgery
           5
           Eliz.
           c.
           14.
           were
           neither
           of
           them
           in
           force
           in
           Ireland
           till
           the
           28th
           of
           Her
           Reign
           ,
           Cap.
           3
           and
           4.
           
        
         
           The
           English
           Statutes
           against
           Pirates
           was
           made
           the
           28th
           of
           Hen.
           8.
           c.
           15.
           but
           not
           in
           Ireland
           till
           the
           12th
           of
           King
           Iames
           ,
           c.
           2.
           
        
         
           In
           England
           an
           Act
           was
           made
           the
           27th
           of
           Eliz.
           c.
           4
           against
           Fraudulent
           Conveyances
           ;
           but
           it
           was
           not
           in
           force
           in
           Ireland
           till
           Enacted
           here
           the
           10th
           of
           Charles
           ,
           c.
           3.
           
           Ses.
           2.
           
        
         
           In
           the
           15th
           year
           of
           King
           Charles
           the
           1st
           .
           in
           a
           Parliament
           held
           at
           Dublin
           there
           were
           Six
           English
           Statutes
           made
           Laws
           of
           this
           Kingdom
           ,
           with
           such
           Alterations
           as
           best
           fitted
           them
           to
           the
           State
           thereof
           ,
           viz.
           
        
         
           21
           Iac.
           c.
           14.
           
           For
           pleading
           the
           General
           Issue
           in
           Intrusions
           brought
           by
           the
           King
           ,
           by
           Chap.
           1.
           of
           the
           Irish
           Statutes
           .
        
         
           31
           Eliz.
           c.
           2.
           
           For
           Abridging
           of
           Proclamations
           on
           Fines
           ,
           by
           Chap.
           2.
           
           2
           and
           3
           Edw.
           6.
           c.
           8.
           
           Concerning
           Offices
           before
           the
           Escheator
           ,
           by
           Chap.
           4.
           
        
         
           31
           Eliz.
           c.
           1.
           
           Discontinuance
           of
           Writs
           of
           Error
           in
           the
           Exchequer
           Chamber
           ,
           by
           Chap.
           5.
           
        
         
           8
           Eliz.
           c.
           4.
           and
           18
           Eliz.
           c.
           7.
           concerning
           Clergy
           ,
           by
           Chap.
           7.
           
        
         
           24
           Hen.
           8.
           c.
           5.
           
           Concerning
           Killing
           a
           Robber
           ,
           by
           Chap.
           9.
           
        
         
           There
           are
           Six
           English
           Statutes
           likewise
           passed
           in
           the
           time
           of
           King
           Charles
           the
           2d
           .
           upon
           and
           soon
           after
           the
           Restoration
           ,
           some
           of
           which
           were
           not
           passed
           into
           Laws
           in
           Ireland
           till
           a
           year
           ,
           two
           or
           three
           ,
           afterwards
           :
           As
           will
           appear
           by
           consulting
           the
           Statute
           Books
           .
           a
        
         
           And
           in
           the
           First
           year
           of
           William
           and
           Mary
           ,
           Ses.
           2.
           c.
           9.
           an
           Act
           passed
           in
           England
           declaring
           all
           
             Attainders
             and
             other
             Acts
             made
             in
             the
             late
             pretended
             Parliament
             under
             King
          
           James
           at
           Dublin
           void
           :
           But
           was
           not
           Enacted
           here
           in
           Ireland
           till
           the
           7th
           year
           of
           K.
           William
           c.
           3.
           
           And
           this
           was
           thought
           requisite
           to
           be
           done
           upon
           mature
           consideration
           thereon
           before
           
           the
           King
           and
           Council
           of
           England
           ,
           *
           notwithstanding
           that
           the
           English
           Act
           does
           
             particularly
             name
             Ireland
          
           ,
           and
           was
           wholly
           design'd
           for
           ,
           and
           relates
           thereto
           .
        
         
           The
           like
           may
           we
           find
           in
           several
           other
           Statutes
           of
           England
           passed
           since
           his
           present
           Majesties
           Accession
           to
           the
           Throne
           ,
           which
           have
           afterwards
           been
           passed
           here
           in
           Ireland
           ,
           with
           such
           Alterations
           as
           make
           them
           practicable
           and
           agreeable
           to
           this
           Kingdom
           .
           Such
           as
           are
           amongst
           others
           ,
           the
           Act
           for
           
             Disarming
             Papists
          
           .
           The
           Act
           of
           Recognition
           .
           The
           Act
           for
           taking
           away
           Clergie
           from
           some
           Offenders
           .
           The
           Act
           for
           taking
           
             Special
             Bail
          
           in
           the
           Country
           ,
           &c.
           
           The
           Act
           against
           
             Clandestine
             Mortgages
          
           .
           The
           Act
           against
           
             Cursing
             and
             Swearing
          
           .
        
         
           These
           ,
           with
           many
           more
           ,
           are
           to
           to
           be
           found
           in
           our
           Statute
           Books
           in
           the
           several
           Reigns
           of
           Henry
           the
           8th
           .
           Edward
           the
           6th
           .
           Queen
           Elizabeth
           ,
           King
           Iames
           ,
           King
           Charles
           the
           1st
           and
           2d
           .
           and
           King
           William
           .
           But
           it
           is
           not
           to
           be
           found
           in
           any
           
           Records
           in
           Ireland
           ,
           that
           ever
           any
           Act
           of
           Parliament
           introductive
           of
           a
           new
           Law
           made
           in
           England
           since
           the
           time
           of
           King
           Iohn
           ,
           was
           by
           the
           judgment
           of
           any
           Court
           received
           for
           Law
           ,
           or
           put
           in
           Execution
           in
           the
           Realm
           of
           Ireland
           before
           the
           same
           was
           Confirmed
           and
           Assented
           to
           by
           Parliament
           in
           Ireland
           .
        
         
           And
           thus
           I
           presume
           we
           have
           pretty
           clearly
           made
           out
           our
           
             Fourth
             Enquiry
          
           forementioned
           :
           and
           shewn
           plainly
           
             the
             several
             steps
             by
             which
             the
             English
             form
             of
             Government
             ,
             and
             the
          
           English
           Statute
           Laws
           
             were
             received
             in
             this
             Kingdom
          
           ;
           and
           that
           this
           was
           wholly
           by
           the
           
             Peoples
             consent
             in
             Parliament
          
           ,
           to
           which
           we
           have
           had
           a
           very
           
             antient
             Right
          
           ,
           and
           as
           full
           a
           Right
           as
           our
           next
           Neighbours
           can
           pretend
           to
           or
           challenge
           .
        
         
           I
           shall
           now
           consider
           the
           Objections
           and
           Difficulties
           that
           are
           moved
           
           on
           this
           Head
           drawn
           from
           Precedents
           ,
           and
           Passages
           in
           our
           Law-Books
           that
           may
           seem
           to
           prove
           the
           contrary
           .
        
         
         
           First
           't
           is
           urg'd
           ,
           That
           in
           the
           Irish
           
             Act
             concerning
             Rape
          
           passed
           anno
           
           8
           Edward
           4
           ,
           c.
           1.
           't
           is
           expressed
           ,
           That
           a
           Doubt
           was
           conceiv'd
           whether
           the
           English
           Statute
           of
           the
           6th
           of
           Richard
           the
           2d
           .
           c.
           6.
           ought
           to
           be
           of
           force
           in
           Ireland
           without
           a
           Confirmation
           thereof
           in
           the
           Parliament
           of
           Ireland
           .
           Which
           shews
           (
           as
           some
           alledg
           )
           that
           even
           in
           those
           days
           it
           was
           held
           by
           some
           ,
           That
           an
           Act
           of
           of
           Parliament
           in
           England
           might
           bind
           Ireland
           before
           it
           be
           consented
           to
           in
           Parliament
           here
           .
        
         
           But
           I
           concieve
           this
           Gloss
           is
           rais'd
           meerly
           for
           want
           of
           Expressing
           the
           Reason
           of
           the
           said
           Doubt
           in
           the
           Irish
           Statute
           of
           the
           8th
           of
           Edward
           the
           4th
           .
           c.
           1.
           which
           we
           may
           reasonably
           judge
           was
           this
           .
           By
           the
           Statute
           of
           Westminster
           the
           2d
           .
           c.
           34.
           a
           Woman
           that
           eloped
           from
           her
           Husband
           and
           lived
           with
           the
           Adulterer
           ,
           or
           a
           Wife
           that
           being
           first
           Ravish'd
           did
           afterwards
           consent
           ,
           and
           lived
           with
           the
           Ravisher
           ,
           she
           should
           loose
           her
           Dower
           .
           This
           Statute
           of
           Westminster
           the
           2d
           ,
           was
           made
           of
           force
           in
           Ireland
           by
           an
           Act
           passed
           here
           
           the
           13th
           of
           Edward
           the
           2d
           ,
           as
           we
           have
           seen
           before
           ,
           pag.
           68
           ,
           69.
           
           Afterwards
           by
           the
           English
           Statute
           of
           the
           6th
           of
           Rich.
           the
           2d
           .
           c.
           6.
           there
           was
           a
           farther
           addition
           made
           to
           the
           said
           Statute
           of
           Westminster
           the
           2d
           .
           to
           this
           effect
           ,
           That
           a
           Maiden
           or
           Wife
           being
           Ravished
           ,
           and
           afterwards
           consenting
           to
           the
           Ravishers
           ,
           as
           well
           the
           Ravisher
           as
           she
           that
           was
           Ravished
           shall
           be
           disabled
           to
           claim
           all
           Inheritance
           or
           Dower
           after
           the
           death
           of
           her
           Husband
           or
           Ancestor
           .
        
         
           On
           this
           account
           the
           Doubt
           was
           here
           raised
           in
           Ireland
           in
           the
           8th
           of
           Edward
           the
           4th
           .
           c.
           1.
           
           Whether
           this
           latter
           English
           Statute
           of
           the
           6th
           of
           Richard
           the
           2d
           .
           c.
           6.
           were
           not
           in
           force
           in
           Ireland
           by
           virtue
           of
           the
           Irish
           Statute
           of
           the
           13th
           of
           Edward
           the
           2d
           .
           which
           confirmed
           the
           Statute
           of
           Westminster
           the
           2d
           .
           c.
           34.
           
           And
           for
           setling
           this
           Doubt
           the
           said
           Statute
           of
           the
           8th
           of
           Edward
           the
           4th
           c.
           1.
           was
           passed
           in
           Ireland
           ,
           and
           we
           find
           very
           good
           reason
           for
           the
           said
           Doubt
           .
           For
           the
           English
           Statute
           of
           the
           6th
           of
           Richard
           the
           2d
           .
           c.
           6.
           contained
           but
           a
           small
           addition
           
           to
           the
           Statute
           of
           Westminster
           the
           2d
           c.
           34.
           and
           we
           see
           that
           even
           this
           ad
           dition
           it self
           was
           judged
           not
           to
           be
           of
           force
           in
           Ireland
           till
           Enacted
           here
           .
           For
           the
           said
           Irish
           Statute
           of
           the
           8th
           of
           Edward
           the
           4th
           .
           c.
           1.
           makes
           the
           said
           Statute
           of
           the
           6th
           of
           Rich.
           2d
           .
           c.
           6.
           of
           Force
           in
           Ireland
           only
           from
           the
           6th
           of
           March
           ,
           then
           last
           past
           .
        
         
           'T
           is
           urg'd
           secondly
           ,
           That
           tho'
           perhaps
           such
           Acts
           of
           Parliament
           in
           England
           which
           do
           not
           
             Name
             Ireland
          
           ,
           shall
           not
           be
           construed
           to
           Bind
           Ireland
           ,
           yet
           all
           such
           English
           Statutes
           as
           
             mention
             Ireland
          
           ,
           either
           by
           the
           
             General
             Words
          
           of
           
             all
             his
             Majesty's
             Dominions
          
           ,
           or
           by
           
             particularly
             Naming
          
           of
           Ireland
           ,
           are
           and
           shall
           be
           of
           Force
           in
           this
           Kingdom
           .
        
         
           This
           being
           a
           Doctrine
           first
           broach'd
           Directly
           (
           as
           I
           conceive
           )
           by
           
             Will.
             Hussey
          
           ,
           Lord
           Chief
           Justice
           of
           the
           Kings
           Bench
           in
           England
           ,
           in
           the
           first
           year
           of
           Henry
           the
           Seventh
           and
           of
           late
           Revived
           by
           the
           Lord
           Chief
           Justice
           Cook
           ,
           and
           strongly
           urged
           ,
           and
           much
           rely'd
           upon
           i●…
           these
           latter
           Days
           ;
           I
           shall
           take
           th●…
           Liberty
           of
           Enlarging
           thereon
           ,
           tho
           
           I
           venture
           thereby
           to
           swell
           this
           Pamphlet
           to
           a
           size
           greater
           than
           I
           desire
           or
           design'd
           .
        
         
           First
           therefore
           ,
           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
           the
           Opinions
           of
           the
           Kings
           of
           England
           ,
           and
           their
           Privy
           Council
           ,
           have
           been
           otherwise
           :
           'T
           is
           well
           known
           since
           
           Poyning's
           Act
           in
           Ireland
           ,
           the
           10th
           of
           Henry
           the
           Seventh
           ,
           no
           Act
           can
           pass
           in
           our
           Parliament
           here
           ,
           till
           it
           be
           first
           Assented
           to
           by
           the
           King
           and
           Privy
           Council
           of
           England
           ,
           and
           Transmitted
           hither
           under
           the
           Broad
           Seal
           of
           England
           :
           Now
           the
           King
           and
           his
           Privy
           Council
           there
           ,
           have
           been
           so
           far
           from
           surmising
           that
           an
           Act
           of
           Parliament
           of
           England
           ,
           mentioning
           only
           in
           General
           
             All
             the
             Kings
             Dominions
          
           ,
           or
           Subjects
           ,
           should
           Bind
           Ireland
           ,
           that
           they
           have
           clearly
           shewn
           the
           contrary
           ,
           by
           frequently
           Transmitting
           to
           Ireland
           ,
           to
           be
           pass'd
           into
           Laws
           here
           ,
           English
           Statutes
           ,
           
           wherein
           the
           
             General
             Words
             of
             all
             the
             Kings
             Dominions
          
           or
           Subjects
           were
           contain'd
           ;
           which
           would
           have
           been
           to
           no
           purpose
           ,
           but
           meerly
           
             Actum
             Agere
          
           ,
           had
           Ireland
           been
           Bound
           before
           by
           those
           English
           Statutes
           .
        
         
           Of
           this
           I
           shall
           give
           the
           following
           Examples
           ,
           amongst
           many
           others
           .
        
         
           The
           Act
           of
           Parliament
           in
           England
           
           against
           
             Appeals
             to
             Rome
          
           ,
           24
           Hen.
           8.
           c.
           12.
           by
           express
           words
           extends
           to
           all
           his
           Majesties
           Dominions
           ,
           yet
           the
           same
           was
           not
           in
           force
           ,
           nor
           receiv'd
           in
           Ireland
           ,
           till
           it
           was
           Enacted
           by
           Parliament
           there
           ,
           the
           28th
           of
           Hen.
           8.
           c.
           6.
           
        
         
           In
           like
           manner
           the
           Statutes
           made
           
           in
           England
           concerning
           
             First
             Fruits
          
           ,
           26
           Hen.
           8.
           c.
           3.
           and
           the
           Act
           of
           Faculties
           ,
           a
           25
           Hen.
           8.
           c.
           21.
           though
           each
           of
           them
           by
           express
           words
           comprize
           
             All
             his
             Majesties
             Subjects
             and
             Dominions
             ,
          
           were
           not
           receiv'd
           as
           Laws
           in
           Ireland
           ,
           till
           the
           former
           was
           Enacted
           there
           ,
           28
           H.
           8.
           c.
           4.
           and
           the
           latter
           the
           28
           Hen.
           8.
           c.
           19.
           and
           so
           
           the
           Stature
           Restoring
           to
           the
           Crown
           all
           Jurisdiction
           Ecclesiastical
           made
           in
           
             England
             ,
             Anno
          
           1
           Eliz.
           c.
           1.
           and
           therein
           giving
           Power
           to
           Erect
           an
           Ecclesiastical
           High-Commission-Court
           in
           England
           and
           Ireland
           ,
           yet
           was
           not
           of
           Force
           in
           Ireland
           till
           Enacted
           there
           ,
           Anno
           2
           Eliz.
           c.
           1.
           
           And
           tho
           the
           said
           English
           Act
           ,
           in
           relation
           to
           Erecting
           such
           an
           High-Commission
           Court
           ,
           was
           Repeal'd
           17
           Car.
           1.
           c.
           11
           and
           the
           Repeal
           confirm'd
           the
           13
           Car.
           2.
           c.
           12
           And
           the
           late
           Bill
           of
           
           Rights
           ,
           1
           W.
           and
           
             M.
             Ses.
          
           2.
           c.
           2.
           in
           England
           ,
           has
           damn'd
           all
           such
           Courts
           .
           Yet
           the
           Act
           in
           Ireland
           2
           Eliz.
           c.
           1.
           remains
           still
           in
           force
           here
           ;
           and
           so
           it
           was
           lately
           declar'd
           here
           by
           the
           Lord
           High-Chancellour
           Porter
           ,
           Lord
           Chief
           Justice
           Reynel
           ,
           Lord
           Chief
           Baron
           Hely
           ,
           Mr.
           Justice
           Cox
           ,
           Mr.
           Justice
           Ieffreyson
           ,
           in
           the
           Case
           of
           Dr.
           
             Thomas
             Hacket
          
           ,
           late
           Bishop
           of
           Down
           ,
           who
           was
           depriv'd
           of
           the
           said
           Bishoprick
           by
           such
           a
           Commission
           ,
           for
           great
           Enormities
           ;
           the
           Commissioners
           being
           Dr.
           Dopping
           late
           Bishop
           of
           Meath
           ,
           Dr.
           King
           ,
           the
           present
           Bishop
           of
           London-Derry
           ,
           and
           Dr.
           Wiseman
           ,
           late
           Bishop
           of
           Dromore
           .
        
         
         
           And
           truly
           I
           see
           no
           more
           Reason
           
           for
           Binding
           Ireland
           by
           the
           English
           Laws
           under
           the
           
             General
             Words
             of
             all
             his
             Majesties
             Dominions
             or
             Subjects
             ,
          
           than
           there
           is
           for
           Binding
           Scotland
           by
           the
           same
           ;
           for
           Scotland
           is
           as
           much
           his
           Dominion
           ,
           and
           Scots-men
           as
           much
           his
           Subjects
           as
           Ireland
           and
           Irish-men
           :
           If
           it
           be
           said
           ,
           That
           Scotland
           is
           an
           Antient
           Separate
           and
           Distinct
           Kingdom
           from
           England
           ;
           I
           say
           ,
           So
           is
           Ireland
           :
           The
           Difference
           is
           ,
           Scotland
           continued
           separate
           from
           the
           Kings
           of
           England
           till
           of
           
             late
             years
          
           ,
           and
           Ireland
           continued
           separate
           from
           England
           but
           a
           very
           
             little
             while
          
           in
           the
           Person
           of
           King
           Iohn
           ,
           before
           the
           Death
           of
           his
           Father
           ,
           and
           of
           his
           Brother
           Richard
           the
           First
           ,
           without
           issue
           .
           But
           then
           't
           is
           to
           be
           considered
           ,
           that
           there
           was
           a
           Possibility
           ,
           or
           even
           a
           Probability
           ,
           that
           Ireland
           might
           have
           continued
           separate
           from
           the
           Crown
           of
           England
           ,
           even
           to
           this
           very
           day
           ,
           if
           Richard
           the
           First
           had
           left
           behind
           him
           a
           Numerous
           Progeny
           .
        
         
         
           Secondly
           ,
           As
           to
           such
           English
           
           Statutes
           as
           particularly
           
             Name
             Ireland
          
           ,
           and
           are
           therefore
           said
           to
           be
           of
           Force
           in
           this
           Kingdom
           ,
           tho'
           never
           Enacted
           here
           ;
           I
           shall
           consider
           only
           the
           more
           
             Antient
             Precedents
          
           that
           are
           offered
           in
           Confirmation
           of
           this
           Doctrine
           :
           For
           as
           to
           those
           of
           
             later
             Date
          
           ,
           't
           is
           these
           we
           complain
           of
           ,
           as
           bearing
           hard
           on
           the
           Liberties
           of
           this
           Country
           ,
           and
           the
           Rights
           of
           our
           Parliaments
           ,
           and
           therefore
           these
           ought
           not
           to
           be
           produced
           as
           Arguments
           against
           us
           .
           I
           presume
           ,
           if
           I
           can
           shew
           ,
           that
           the
           Antient
           Precedents
           that
           are
           produced
           ,
           
             do
             not
             conclude
          
           against
           us
           ;
           it
           will
           follow
           that
           the
           Modern
           Instances
           given
           ,
           
             ought
             not
             to
             conclude
          
           against
           us
           ;
           that
           is
           to
           say
           plainly
           ,
           These
           ought
           not
           to
           have
           been
           made
           as
           they
           are
           ,
           as
           wanting
           Foundation
           both
           from
           Authority
           and
           Reason
           .
        
         
           The
           Antient
           Precedents
           of
           English
           Statutes
           ,
           particularly
           
             Naming
             Ireland
          
           ,
           and
           said
           to
           be
           made
           in
           England
           with
           a
           Design
           of
           Binding
           Ireland
           ,
           are
           chiefly
           these
           three
           :
           
             
               
               1.
               
               
                 Statutum
                 Hiberniae
              
               ,
               14
               H.
               3.
               
            
             
               2.
               
               
                 Ordinatio
                 pro
                 Statu
                 Hiberniae
              
               ,
               17
               Edw.
               1.
               
            
             
               3.
               
               And
               the
               Act
               that
               all
               Staple
               Commodities
               passing
               out
               of
               England
               or
               Ireland
               ,
               shall
               be
               carried
               to
               Callis
               ,
               as
               long
               as
               the
               Staple
               is
               at
               Callis
               ,
               2
               Hen.
               6.
               c.
               4.
               on
               which
               Hussey
               delivered
               his
               Opinion
               ,
               as
               we
               shall
               see
               more
               fully
               hereafter
               .
            
          
        
         
           These
           Statutes
           ,
           especially
           the
           two
           first
           ,
           being
           made
           for
           Ireland
           ,
           as
           their
           Titles
           import
           ,
           have
           given
           occasion
           to
           think
           ,
           that
           the
           Parliament
           of
           England
           have
           a
           Right
           to
           make
           Laws
           for
           Ireland
           ,
           without
           the
           Consent
           of
           their
           Chosen
           Representatives
           .
           But
           if
           we
           Enquire
           farther
           into
           this
           matter
           ,
           we
           shall
           find
           this
           Conclusion
           not
           fairly
           Deduced
           .
        
         
           First
           ,
           The
           
             Statutum
             Hiberniae
          
           ,
           14
           Hen.
           3.
           as
           't
           is
           to
           be
           found
           in
           the
           Collection
           of
           English
           Statutes
           ,
           is
           plainly
           thus
           :
           The
           Judges
           in
           Ireland
           
           conceiving
           a
           Doubt
           concerning
           Inheritances
           devolved
           to
           Sisters
           or
           Coheirs
           ,
           viz.
           Whether
           the
           younger
           Sisters
           ought
           to
           hold
           of
           the
           Eldest
           Sister
           ,
           and
           do
           Homage
           unto
           her
           for
           their
           Portions
           ,
           or
           of
           the
           Chief
           Lord
           ,
           and
           do
           Homage
           unto
           him
           ;
           therefore
           
             Girald
             Fitz
             Maurice
          
           ,
           the
           then
           Lord
           Justice
           of
           Ireland
           ,
           dispatcht
           four
           Knights
           to
           the
           King
           in
           England
           ,
           to
           bring
           a
           Certificate
           from
           thence
           of
           the
           Practice
           there
           used
           ,
           and
           what
           was
           the
           Common-Law
           of
           England
           in
           that
           Case
           .
           Whereupon
           Hen.
           3.
           in
           this
           his
           Certificate
           or
           Rescript
           ,
           which
           is
           called
           
             Statutum
             Hiberniae
          
           ,
           meerly
           informs
           the
           Justice
           what
           the
           Law
           and
           Custom
           was
           in
           
             England
             ,
             viz.
          
           That
           the
           Sisters
           ought
           to
           hold
           of
           the
           Chief
           Lord
           ,
           and
           not
           of
           the
           Eldest
           Sister
           .
           And
           the
           close
           of
           it
           commands
           ,
           that
           
             the
             foresaid
             Customs
             that
             be
             used
             within
             our
             Realm
             of
          
           England
           
             in
             this
             Case
             ,
             be
             Proclaimed
             throughout
             our
             Dominion
             of
          
           Ireland
           ,
           
             and
             be
             there
             observ'd
             .
             Teste
             meipso
             apud
          
           Westminst
           .
           9.
           
           Feb.
           
             An.
             Reg.
          
           14.
           
        
         
           From
           whence
           't
           is
           manifest
           ,
           that
           this
           
             Statutum
             Hiberniae
          
           was
           no
           
           more
           than
           a
           Certificate
           of
           what
           the
           
             common
             Law
             of
             England
          
           was
           in
           that
           Case
           ,
           which
           Ireland
           by
           the
           
             Original
             Compact
          
           was
           to
           be
           governed
           by
           .
           And
           shews
           no
           more
           ,
           that
           therefore
           the
           Parliament
           of
           England
           may
           bind
           Ireland
           ,
           than
           it
           would
           have
           proved
           ,
           that
           the
           Common
           Wealth
           of
           Rome
           was
           subject
           to
           Greece
           ,
           if
           ,
           after
           Rome
           had
           received
           the
           Law
           of
           the
           
             Twelve
             Tables
          
           ,
           they
           had
           sent
           to
           Greece
           to
           know
           what
           the
           Law
           was
           ,
           in
           some
           Special
           Case
           .
        
         
           The
           Statute
           call'd
           
             Ordinatio
             pro
          
           
           
             Statu
             Hiberniae
          
           ,
           made
           at
           Notingham
           the
           17th
           of
           Edward
           the
           First
           ,
           and
           to
           be
           found
           in
           Pultons
           Collection
           pag.
           76.
           
           
             Edit
             .
             Lond.
          
           1670.
           was
           certainly
           never
           Received
           ,
           or
           of
           Force
           ,
           in
           Ireland
           .
           This
           is
           Manifest
           from
           the
           very
           first
           Article
           of
           that
           Ordnance
           ,
           which
           Prohibits
           the
           
             Iustice
             of
             Ireland
             or
             others
             the
             Kings
             Officers
             ,
             there
             to
             Purchase
             Land
             in
             that
             Kingdom
             ,
             or
             within
             their
             respective
             Balliwicks
             without
             the
             Kings
             Licence
             ,
             on
             pain
             of
             Forfeitures
             .
          
           But
           that
           this
           has
           ever
           been
           Otherwise
           ,
           and
           that
           the
           Lords
           Justices
           ,
           and
           other
           Officers
           
           here
           have
           Purchas'd
           Lands
           in
           Ireland
           ,
           at
           their
           own
           Will
           and
           Pleasure
           ,
           needs
           no
           Proof
           to
           those
           who
           have
           the
           least
           knowledge
           of
           this
           Country
           .
           Nor
           does
           it
           appear
           by
           any
           Inquisition
           ,
           Office
           ,
           or
           other
           Record
           ,
           that
           any
           one
           ever
           Forfeited
           on
           that
           Account
           .
        
         
           Moreover
           this
           
             Ordinatio
             pro
             Statu
             Hiberniae
          
           ,
           is
           really
           in
           it self
           
             No
             Act
             of
             Parliament
          
           ,
           but
           meerly
           an
           Ordinance
           of
           the
           King
           and
           his
           
             Privy
             Council
          
           in
           England
           ;
           which
           appears
           as
           well
           from
           the
           Preamble
           to
           the
           said
           Ordinance
           ,
           as
           from
           this
           Observation
           likewise
           ,
           That
           King
           Edward
           the
           First
           held
           no
           Parliament
           in
           the
           17th
           year
           of
           his
           Reign
           :
           Or
           if
           this
           were
           a
           Parliament
           ,
           this
           
             Ordinatio
             pro
             Statu
             Hiberniae
          
           ,
           is
           the
           
             only
             Act
          
           thereof
           that
           is
           Extant
           :
           But
           't
           is
           very
           improbable
           ,
           that
           only
           this
           
             single
             Ordinance
          
           should
           Appear
           ,
           if
           any
           such
           Parliament
           were
           call'd
           together
           .
        
         
           Thirdly
           ,
           As
           to
           the
           Staple-Act
           ,
           
           2
           Hen.
           6.
           c.
           4.
           which
           expresly
           names
           Ireland
           ,
           and
           
           Hussey's
           Opinion
           thereon
           .
           The
           Case
           ,
           as
           we
           find
           it
           in
           the
           
           Year-Books
           of
           Mich.
           2
           Rich.
           3.
           fol.
           11.
           and
           Mich.
           1
           Hen.
           7.
           fol.
           3.
           is
           in
           short
           thus
           :
           The
           Merchants
           of
           Waterford
           
           having
           Ship'd
           off
           some
           Wooll
           ,
           and
           consign'd
           it
           to
           Sluice
           in
           Flanders
           ,
           the
           Ship
           by
           stress
           of
           Weather
           was
           put
           in
           at
           Callis
           ,
           where
           Sir
           
             Thomas
             Thwaits
          
           ,
           Treasurer
           of
           Callis
           ,
           seized
           the
           said
           Wooll
           as
           forfeited
           ,
           half
           to
           himself
           ,
           and
           half
           to
           the
           King
           ,
           by
           the
           said
           Statute
           ;
           hereupon
           a
           Suit
           was
           commenced
           between
           the
           said
           Merchants
           and
           the
           said
           Treasurer
           ,
           which
           was
           brought
           before
           all
           the
           Judges
           of
           England
           into
           the
           Exchequer
           Chamber
           :
           The
           Merchants
           pleaded
           the
           King's
           License
           to
           the
           Citizens
           of
           Waterford
           and
           their
           Successors
           ,
           for
           carrying
           Wooll
           where
           they
           pleased
           ;
           and
           the
           Questions
           before
           the
           Judges
           were
           two
           ,
           Viz.
           
             Whether
             this
             Staple-Act
             Binds
             Ireland
          
           ;
           And
           Secondly
           ,
           
             Whether
             the
             King
             could
             grant
             his
          
           License
           
             contrary
             to
             the
             Statute
             ,
             and
             especially
             where
             the
             Statute
             gives
             half
             the
             Forfeiture
             to
             the
             Discoverer
             .
          
        
         
           The
           first
           Point
           only
           relates
           to
           our
           present
           purpose
           ;
           and
           herein
           we
           find
           the
           foresaid
           Year-Book
           of
           2
           
           Rich.
           3.
           fol.
           12.
           to
           Report
           it
           thus
           :
           
             Et
             ibi
          
           (
           in
           the
           Exchequer
           Chamber
           )
           
             quoad
             Primam
             Questionem
             Dicebant
             quod
             Terr
             .
             Hibern
             .
             inter
             se
             habent
             Parliament
             .
             &
             omnimodo
             Curprout
             in
             Angl.
             &
             per
             Idem
             Parliamentum
             faciunt
             Leges
             &
             Mutant
             Leges
             &
             non
             Obligantur
             per
             Statuta
             in
             Anglia
             ,
             quia
             non
             hic
             habent
             Milites
             Parliamenti
          
           (
           and
           is
           not
           that
           an
           unanswerable
           Reason
           ?
           )
           
             sed
             hoc
             intelligitur
             de
             terris
             &
             rebus
             in
             terris
             illis
             tantum
             efficiendo
             ;
             sed
             Personae
             eorum
             sunt
             Subject
             .
             Regis
             &
             tanquam
             Subjecti
             erunt
             Obligati
             ad
             aliquam
             rem
             extra
             Terram
             illam
             faciend
             .
             contra
             Statut.
             sicut
             habitantes
             in
             Calesia
             ,
             Gascoignie
             ,
             Guien
             ,
             &c.
             dum
             fuere
             Subjecti
             ;
             &
             Obedientes
             erunt
             sub
             Admiral
             .
             Angl.
             de
             re
             fact
             .
             super
             Altum
             Mare
             ;
             &
             similit
             .
             Brev.
             de
             Errore
             de
             Iudicio
             reddit
             .
             in
             Hibern
             .
             in
             Banco
             Reg.
             hic
             in
             Angl.
             
          
        
         
           I
           have
           verbatim
           transcribed
           this
           Passage
           out
           of
           the
           foresaid
           Year-Book
           ,
           that
           I
           might
           be
           sure
           to
           omit
           nothing
           that
           may
           give
           the
           Objection
           its
           full
           weight
           .
           And
           all
           that
           I
           can
           answer
           to
           it
           ,
           is
           this
           :
        
         
         
           1.
           
           That
           when
           the
           foresaid
           Case
           came
           a
           second
           time
           under
           the
           Consideration
           of
           the
           Judges
           in
           the
           Exchequer
           Chamber
           in
           Mich.
           1
           Hen.
           7.
           fol.
           3.
           we
           find
           it
           Reported
           thus
           :
           
             Hussey
             the
             Chief
             Iustice
             said
             ,
             That
             the
             Statutes
             made
             in
          
           England
           
             shall
             bind
             those
             of
          
           Ireland
           ,
           
             which
             was
             not
             much
             gain-said
             by
             the
             other
             Iudges
             ,
             notwithstanding
             that
             some
             of
             them
             were
             of
          
           a
           contrary
           Opinion
           
             the
             last
             Term
             in
             his
             Absence
             .
          
           How
           the
           Presence
           and
           Opinion
           of
           the
           Chief
           Justice
           came
           to
           influence
           them
           now
           ,
           I
           leave
           the
           Reader
           to
           judge
           .
        
         
           2.
           
           That
           Brook
           in
           Abridging
           this
           Case
           of
           the
           first
           of
           Hen.
           7.
           fol.
           3.
           
           Title
           Parliament
           ,
           Sec.
           90.
           adds
           ,
           
             Tamen
             Nota
             ,
             That
             Ireland
             is
             a
             Kingdom
             by
             it self
             ,
             and
             hath
             Parliaments
             of
             its
             own
          
           ;
           intimating
           thereby
           ,
           That
           therefore
           
           Hussey's
           Opinion
           herein
           was
           Unreasonable
           .
        
         
           3.
           
           That
           't
           is
           manifest
           ,
           if
           Hussey
           mean
           by
           his
           words
           ,
           That
           All
           Acts
           of
           Parliament
           in
           England
           shall
           bind
           Ireland
           ,
           it
           is
           directly
           contrary
           to
           
           the
           Judges
           Opinion
           in
           the
           second
           of
           Richard
           the
           Third
           ,
           before
           recited
           ;
           for
           within
           the
           Land
           of
           Ireland
           ,
           they
           are
           all
           positive
           ,
           That
           the
           Authority
           of
           the
           Parliament
           of
           England
           will
           not
           Affect
           us
           .
           They
           seem
           at
           the
           utmost
           reach
           to
           extend
           the
           Jurisdiction
           of
           the
           English
           Parliament
           over
           the
           Subjects
           of
           
             Ireland
             ,
             only
          
           in
           relation
           to
           their
           Actions
           beyond
           Seas
           ,
           out
           of
           the
           Realm
           of
           Ireland
           ,
           as
           they
           are
           the
           
             King
             of
          
           England's
           Subjects
           ;
           but
           
             even
             This
          
           will
           Appear
           Unreasonable
           ,
           when
           we
           consider
           ,
           that
           by
           the
           same
           Argumentation
           ,
           Scotland
           it self
           may
           be
           bound
           by
           English
           Laws
           ,
           in
           relation
           to
           their
           Foreign
           Trade
           ,
           as
           they
           are
           the
           
             King
             of
             Englands
             Subjects
          
           .
           The
           Question
           is
           ,
           Whether
           England
           and
           Ireland
           be
           two
           Distinct
           Kingdoms
           ,
           and
           whether
           they
           have
           each
           their
           Respective
           Parliaments
           ;
           neither
           of
           which
           will
           be
           deny'd
           by
           any
           Man
           :
           And
           if
           so
           ,
           there
           can
           be
           no
           Subordination
           on
           either
           side
           ,
           each
           is
           compleat
           in
           its
           own
           Jurisdiction
           ,
           and
           ought
           not
           to
           interfere
           with
           t'other
           in
           any
           thing
           .
           If
           
             being
             the
             King
             of
          
           England's
           Subjects
           ,
           be
           a
           Reason
           why
           
           we
           ought
           to
           submit
           to
           Laws
           ,
           (
           in
           relation
           to
           our
           Trade
           abroad
           ,
           in
           places
           where
           the
           Parliament
           of
           England
           has
           no
           Jurisdiction
           )
           
             which
             have
             not
             receiv'd
             our
             Assent
          
           ;
           the
           People
           of
           England
           will
           consider
           whether
           they
           also
           are
           not
           the
           King's
           Subjects
           ,
           and
           may
           therefore
           (
           by
           this
           way
           of
           Reasoning
           )
           be
           bound
           by
           Laws
           which
           the
           King
           may
           Assign
           them
           without
           their
           Assent
           ,
           in
           relation
           to
           their
           Actions
           Abroad
           or
           Foreign
           Trade
           :
           Or
           whether
           they
           had
           not
           been
           Subjects
           to
           the
           
             King
             of
             France
          
           ,
           had
           our
           Kings
           continu'd
           their
           Possession
           of
           that
           Country
           ,
           and
           there
           kept
           the
           Seat
           of
           the
           Monarchy
           ;
           and
           then
           ,
           had
           France
           been
           stronger
           than
           England
           ,
           it
           might
           seem
           that
           the
           Subjects
           of
           these
           Kingdoms
           might
           have
           been
           bound
           by
           Laws
           made
           at
           Paris
           ,
           without
           their
           own
           Consent
           .
           But
           let
           this
           Doctrine
           never
           be
           mention'd
           amongst
           the
           Free-born
           Subjects
           of
           these
           Nations
           .
        
         
           Thus
           I
           have
           done
           with
           the
           
             Three
             Principal
          
           Instances
           that
           are
           usually
           brought
           against
           us
           ,
           on
           the
           Stress
           that
           is
           laid
           on
           English
           Acts
           of
           
           Parliament
           ,
           particularly
           
             Naming
             Ireland
          
           .
        
         
           There
           have
           been
           other
           Statutes
           
           or
           Ordinances
           made
           in
           England
           for
           Ireland
           ,
           which
           may
           reasonably
           be
           of
           force
           here
           ,
           because
           they
           were
           made
           and
           Assented
           to
           by
           our
           own
           Representatives
           .
           Thus
           we
           find
           in
           the
           
             White
             Book
          
           of
           the
           Exchequer
           in
           Dublin
           ,
           in
           the
           9th
           year
           of
           Edward
           the
           First
           ,
           a
           Writ
           sent
           to
           his
           Chancellour
           of
           Ireland
           ,
           wherein
           he
           mentions
           
             Quaedam
             Statuta
             per
             nos
             de
             Assensu
             Prelatorum
             Comitum
             Baronum
             &
             Communitates
             Regni
             nostri
             Hiberniae
             ,
             nuper
             apud
             Lincoln
             &
             quaedam
             alia
             Statuta
             postmodum
             apud
             Eborum
             facta
             .
          
           These
           we
           may
           suppose
           were
           either
           Statutes
           made
           at
           the
           Request
           of
           the
           States
           of
           Ireland
           ,
           to
           Explain
           to
           them
           the
           
             Common
             Law
             of
             England
          
           ;
           or
           if
           they
           were
           introductive
           of
           
             New
             Laws
          
           ,
           yet
           they
           might
           well
           be
           of
           force
           in
           Ireland
           ,
           being
           Enacted
           by
           the
           Assent
           of
           our
           own
           Representatives
           ,
           The
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           Commons
           of
           Ireland
           ;
           as
           the
           Words
           afore-mention'd
           do
           shew
           :
           And
           indeed
           ,
           these
           are
           Instances
           so
           far
           
           from
           making
           against
           our
           Claim
           ,
           that
           I
           think
           nothing
           can
           be
           more
           plainly
           for
           us
           ;
           for
           it
           manifestly
           shews
           ,
           that
           the
           King
           and
           Parliament
           of
           England
           would
           not
           Enact
           Laws
           to
           Bind
           Ireland
           ,
           without
           the
           Concurrence
           of
           the
           Representatives
           of
           this
           Kingdom
           .
        
         
           Formerly
           ,
           When
           Ireland
           was
           but
           thinly
           Peopled
           ,
           and
           the
           English
           Laws
           not
           fully
           currant
           in
           all
           parts
           of
           the
           Kingdom
           ,
           't
           is
           probable
           that
           then
           they
           could
           not
           frequently
           Assemble
           with
           conveniency
           or
           safety
           to
           make
           Laws
           in
           their
           own
           Parliaments
           at
           home
           ;
           and
           therefore
           during
           the
           Heats
           of
           Rebellions
           ,
           o●…
           Confusion
           of
           the
           Times
           ,
           they
           were
           forced
           to
           Enact
           Laws
           in
           England
           .
           But
           then
           this
           was
           always
           by
           their
           proper
           Representatives
           .
           For
           we
           find
           that
           in
           the
           Reign
           of
           Edward
           the
           Third
           ,
           (
           and
           by
           what
           foregoes
           ,
           't
           is
           plain
           't
           was
           so
           in
           Edward
           the
           First
           's
           Time
           )
           Knights
           of
           the
           Shire
           ,
           Citizens
           ,
           and
           Burgesses
           ,
           were
           Elected
           in
           the
           Shires
           ,
           Cities
           and
           Burroughs
           of
           Ireland
           ,
           to
           serve
           in
           Parliament
           in
           England
           ,
           and
           have
           so
           served
           accordingly
           .
           For
           amongst
           
           the
           Records
           of
           the
           Tower
           of
           
             London
             ,
             Rot.
             Claus.
          
           50.
           
           Edw.
           3.
           
           Parl.
           2.
           
           Membr
           .
           23.
           
           We
           find
           a
           Writ
           from
           the
           King
           at
           Westminster
           ,
           directed
           to
           
             Iames
             Butler
          
           ,
           Lord
           Justice
           of
           Ireland
           ,
           and
           to
           R.
           Archbishop
           of
           Dublin
           ,
           his
           Chancellour
           ,
           requiring
           them
           to
           issue
           Writs
           under
           the
           Great
           Seal
           of
           Ireland
           ,
           to
           the
           several
           Counties
           ,
           Cities
           and
           Burroughs
           ,
           for
           satisfying
           the
           Expences
           of
           the
           Men
           of
           that
           Land
           ,
           
             who
             last
             came
             over
             to
             serve
             in
             Parliament
             in
             England
             .
          
           And
           in
           another
           Roll
           the
           50th
           of
           Edw.
           III.
           Membr
           .
           19.
           
           On
           Complaint
           to
           the
           King
           by
           
             Iohn
             Draper
          
           ,
           who
           was
           Chosen
           Burgess
           of
           Cork
           by
           Writ
           ,
           and
           served
           in
           the
           Parliament
           of
           England
           ,
           and
           yet
           was
           deny'd
           his
           Expences
           by
           some
           of
           the
           Citizens
           ,
           Care
           was
           taken
           to
           re-imburse
           him
           .
        
         
           If
           from
           these
           last
           mention'd
           Records
           ,
           it
           be
           concluded
           that
           the
           Parliament
           of
           England
           may
           
             Bind
             Ireland
          
           ;
           it
           must
           also
           be
           Allow'd
           that
           the
           People
           of
           Ireland
           ought
           to
           have
           their
           Representatives
           in
           the
           Parliament
           of
           England
           .
           And
           this
           ,
           I
           believe
           we
           should
           be
           willing
           enough
           
           to
           embrace
           ;
           but
           this
           is
           an
           Happiness
           we
           can
           hardly
           hope
           for
           .
        
         
           This
           sending
           of
           Representatives
           out
           of
           Ireland
           to
           the
           Parliament
           in
           England
           ,
           on
           some
           occasions
           ,
           was
           found
           in
           process
           of
           time
           to
           be
           very
           Troublesome
           and
           Inconvenient
           ;
           and
           this
           ,
           we
           may
           presume
           ,
           was
           the
           Reason
           ,
           that
           afterwards
           ,
           when
           Times
           were
           more
           settled
           ,
           we
           fell
           again
           into
           our
           old
           Track
           ,
           and
           regular
           course
           of
           Parliaments
           in
           our
           own
           Country
           :
           and
           hereupon
           the
           Laws
           afore-noted
           ,
           pag.
           64.
           were
           Enacted
           ,
           Establishing
           that
           
             no
             Law
             made
             in
             the
             Parliament
             of
             England
             ,
             should
             be
             of
             force
             in
             Ireland
             ,
             till
             it
             was
             Allow'd
             and
             Publish'd
             in
             Parliament
             here
             .
          
        
         
           I
           have
           said
           before
           ,
           pag.
           85.
           that
           
           I
           would
           only
           consider
           the
           
             more
             Antient
             Precedents
          
           that
           are
           offered
           to
           prove
           ,
           That
           Acts
           of
           
             England
             particularly
             Naming
             Ireland
          
           ,
           should
           bind
           us
           in
           this
           Kingdom
           ;
           and
           indeed
           it
           were
           sufficient
           to
           stop
           here
           ,
           for
           the
           Reason
           above
           alledged
           .
           However
           ,
           I
           shall
           venture
           to
           come
           down
           lower
           ,
           and
           to
           enquire
           into
           the
           Modern
           
           Precedents
           of
           English
           Acts
           of
           Parliament
           alledged
           against
           us
           :
           But
           still
           with
           this
           Observation
           ,
           That
           't
           is
           these
           we
           
             Complain
             against
          
           as
           Innovations
           ,
           and
           therefore
           they
           ought
           not
           to
           be
           brought
           in
           Argument
           against
           us
           .
        
         
           I
           do
           therefore
           again
           assert
           ,
           that
           before
           the
           Year
           1641.
           there
           was
           no
           Statute
           made
           in
           England
           introductory
           of
           a
           
             New
             Law
          
           that
           interfered
           with
           the
           Right
           which
           the
           People
           of
           Ireland
           have
           to
           make
           Laws
           for
           themselves
           ,
           except
           only
           those
           which
           we
           have
           before
           mentioned
           ,
           and
           which
           we
           have
           discuss'd
           at
           large
           ,
           and
           submit
           to
           the
           Readers
           ●…udgment
           .
        
         
           But
           in
           the
           Year
           1641.
           and
           afterwards
           in
           
           Cromwel's
           time
           ,
           and
           since
           that
           ,
           in
           King
           Charles
           II.
           and
           again
           very
           lately
           in
           King
           
           William's
           Reign
           ,
           some
           Laws
           have
           been
           made
           in
           England
           to
           be
           of
           Force
           in
           Ireland
           .
           But
           how
           this
           came
           to
           pass
           ,
           we
           shall
           now
           Enquire
           .
        
         
           In
           the
           17th
           Year
           of
           K.
           Charles
           I.
           
           which
           was
           in
           the
           Year
           1642.
           there
           
           were
           three
           or
           four
           Acts
           of
           Parliament
           made
           in
           England
           for
           incouraging
           Adventurers
           to
           raise
           Money
           for
           the
           speedy
           suppression
           of
           the
           Horrid
           Rebellion
           which
           broke
           out
           in
           Ireland
           the
           23d
           of
           October
           1641
           ▪
           The
           Titles
           of
           these
           Acts
           we
           have
           in
           
             Pulton's
             Collection
             of
             Statutes
          
           :
           But
           with
           this
           Remark
           ,
           
             That
             they
             are
             made
             of
             no
             Force
             by
             the
             Acts
             of
             Setlement
             and
             Explanation
          
           passed
           in
           King
           Charles
           Il's
           .
           time
           in
           the
           Kingdom
           of
           Ireland
           .
           So
           that
           in
           these
           we
           are
           so
           far
           from
           finding
           Precedents
           for
           
           England's
           Parliament
           binding
           Ireland
           ,
           that
           they
           plainly
           shew
           ,
           that
           the
           Parliament
           of
           Ireland
           may
           Re●…
           an
           Act
           passed
           in
           England
           ,
           in
           relation
           to
           the
           Affairs
           of
           Ireland
           .
           For
           't
           is
           very
           well
           known
           ,
           that
           Persons
           who
           were
           to
           have
           Interests
           and
           Titles
           in
           Ireland
           by
           virtue
           of
           those
           Acts
           passed
           in
           England
           ,
           are
           cut
           off
           by
           the
           
             Acts
             of
             Settlement
             and
             Explanation
          
           .
           And
           indeed
           there
           is
           all
           the
           Reason
           in
           the
           World
           that
           it
           should
           be
           so
           ,
           and
           that
           Acts
           made
           in
           a
           Kingdom
           by
           the
           Legal
           Representatives
           of
           the
           People
           ,
           should
           take
           place
           of
           those
           made
           in
           another
           Kingdom
           .
           But
           however
           ,
           it
           will
           be
           
           said
           ,
           that
           by
           those
           Acts
           't
           is
           manifest
           that
           England
           did
           presume
           they
           had
           such
           a
           Right
           to
           pass
           Acts
           binding
           Ireland
           ,
           or
           else
           they
           had
           ne'er
           done
           it
           .
           To
           which
           I
           answer
           ,
           That
           considering
           the
           condition
           Ireland
           was
           in
           at
           that
           time
           ,
           viz.
           under
           an
           horrid
           
             Intestine
             Rebellion
          
           ,
           flaming
           in
           every
           corner
           of
           the
           Kingdom
           ;
           't
           was
           impossible
           to
           have
           a
           Parliament
           of
           our
           own
           ;
           yet
           it
           was
           absolutely
           necessary
           that
           something
           should
           be
           done
           towards
           suppressing
           the
           Violences
           then
           raging
           amongst
           us
           :
           And
           the
           only
           means
           could
           then
           be
           practised
           ,
           was
           for
           the
           Parliament
           of
           England
           to
           interpose
           ,
           and
           do
           something
           for
           our
           Relief
           and
           Safety
           ;
           these
           were
           the
           best
           Assurances
           could
           be
           had
           at
           that
           juncture
           :
           But
           when
           the
           Storm
           was
           over
           ,
           and
           the
           Kingdom
           quieted
           ,
           we
           see
           new
           Measures
           were
           taken
           in
           a
           Legal
           Parliament
           of
           our
           own
           .
        
         
           As
           to
           what
           was
           done
           for
           Ireland
           
           in
           the
           Parliament
           of
           England
           in
           
           Cromwel's
           time
           ,
           besides
           the
           Confusion
           and
           Irregularity
           of
           all
           Proceeding
           in
           those
           days
           ,
           which
           hinders
           any
           of
           them
           to
           be
           brought
           into
           
           Precedent
           in
           these
           times
           ;
           We
           shall
           find
           also
           that
           then
           there
           were
           Representatives
           sent
           out
           of
           this
           Kingdom
           ,
           who
           sate
           in
           the
           Parliament
           of
           England
           ,
           which
           then
           was
           only
           the
           
             House
             of
             Commons
          
           .
           We
           cannot
           therefore
           argue
           from
           hence
           ,
           that
           England
           may
           bind
           us
           ;
           for
           we
           see
           they
           allow'd
           us
           Representatives
           ,
           without
           which
           ,
           they
           rightly
           concluded
           ,
           they
           could
           not
           make
           Laws
           Obligatory
           to
           us
           .
        
         
           I
           come
           now
           to
           King
           Charles
           the
           2ds
           time
           :
           And
           in
           it
           we
           shall
           find
           the
           following
           English
           Statutes
           made
           ,
           in
           which
           the
           Kingdom
           of
           Ireland
           is
           concerned
           .
        
         
           The
           first
           is
           an
           
             Act
             against
             Importing
          
           
           
             Cattle
             from
          
           Ireland
           
             or
             other
             Parts
             beyond
             Seas
          
           .
           It
           was
           only
           temporary
           by
           18
           Ch.
           2.
           c.
           2.
           but
           made
           perpetual
           20
           Ch.
           2.
           c.
           7.
           and
           32
           Ch.
           2.
           c.
           2.
           
           This
           Act
           ,
           however
           prejudicial
           to
           the
           Trade
           that
           was
           then
           carried
           on
           between
           Ireland
           and
           England
           ,
           does
           not
           
             properly
             Bind
             us
          
           ,
           more
           than
           it
           does
           any
           other
           Country
           of
           the
           World.
           When
           any
           thing
           is
           Imported
           ,
           and
           Landed
           in
           
           England
           ,
           it
           becomes
           immediately
           subject
           to
           the
           Laws
           thereof
           ,
           so
           that
           herein
           we
           cannot
           be
           said
           properly
           to
           be
           bound
           .
        
         
           Secondly
           ,
           The
           Acts
           against
           Planting
           
           Tobacco
           in
           England
           and
           Ireland
           ,
           12
           Ch.
           2.
           c.
           34.
           and
           15
           Ch.
           2.
           c.
           7.
           and
           22
           and
           23
           Ch.
           2.
           c.
           26
           ,
           &c.
           do
           
             positively
             Bind
             Ireland
          
           .
           But
           there
           has
           never
           been
           an
           Occasion
           of
           Executing
           it
           here
           ;
           for
           I
           have
           not
           heard
           that
           a
           Rood
           of
           Tobacco
           was
           ever
           Planted
           in
           this
           Kingdom
           .
           But
           however
           that
           takes
           not
           off
           the
           Obligation
           of
           the
           Law
           :
           'T
           is
           only
           want
           of
           our
           Consent
           ,
           that
           I
           urge
           against
           that
           .
           I
           see
           no
           more
           Reason
           for
           sending
           a
           Force
           to
           Trample
           down
           an
           Acre
           of
           Tobacco
           in
           Ireland
           by
           these
           Statutes
           ,
           than
           there
           would
           be
           for
           Cutting
           down
           the
           Woods
           of
           Shelela
           ,
           were
           there
           an
           Act
           made
           in
           England
           against
           our
           Planting
           or
           Having
           Timber
           .
        
         
           Thirdly
           ,
           The
           
             Act
             for
             Encouraging
          
           
           
             Shipping
             and
             Navigation
             ,
             by
             express
             name
          
           Mentions
           and
           Binds
           Ireland
           ;
           and
           by
           the
           last
           Clause
           in
           the
           Act
           ,
           Obliges
           all
           Ships
           belonging
           thereto
           
           importing
           any
           Goods
           from
           our
           Foreign
           Plantations
           ,
           to
           touch
           first
           at
           England
           .
        
         
           Fourthly
           ,
           The
           Acts
           Prohibiting
           
           the
           Exportation
           of
           Wooll
           from
           Ireland
           ,
           to
           any
           Country
           except
           to
           England
           ,
           do
           likewise
           
             strongly
             Bind
             us
          
           ,
           and
           by
           the
           12
           Car.
           2.
           c.
           32.
           it
           was
           made
           highly
           penal
           on
           us
           ,
           and
           by
           the
           14th
           of
           Car.
           2.
           c.
           18.
           't
           is
           made
           Felony
           .
        
         
           To
           these
           three
           last
           Acts
           ,
           I
           must
           confess
           ,
           I
           have
           nothing
           to
           urge
           ,
           to
           take
           off
           their
           Efficacy
           ;
           Name
           us
           they
           do
           most
           certainly
           ,
           and
           Bind
           us
           so
           ,
           as
           we
           do
           not
           transgress
           them
           .
           But
           how
           Rightfully
           they
           do
           this
           ,
           is
           the
           matter
           in
           Question
           .
           This
           I
           am
           sure
           of
           ,
           that
           before
           these
           Acts
           in
           King
           Charles
           the
           Second's
           Time
           ,
           (
           the
           Eldest
           of
           which
           is
           not
           over
           Thirty-Seven
           years
           )
           
             there
             is
             not
             one
             positive
             full
             Precedent
             to
             be
             met
             with
             in
             all
             the
             Statute-Book
             ,
             of
             an
             English
             Act
             Binding
             the
             Kingdom
             of
             Ireland
             .
          
           And
           on
           this
           Account
           we
           may
           venture
           to
           assert
           ,
           That
           these
           are
           at
           least
           Innovations
           on
           us
           ,
           as
           not
           being
           warranted
           by
           any
           former
           Precedents
           .
        
         
         
           And
           shall
           
             Proceedings
             only
             of
             Thirty-Seven
             Years
             standing
             ,
          
           be
           urg'd
           against
           a
           Nation
           ,
           to
           Deprive
           them
           of
           the
           Rights
           and
           Liberties
           which
           they
           Enjoy'd
           for
           Five
           Hundred
           Years
           before
           ,
           and
           which
           were
           Invaded
           without
           and
           against
           their
           Consent
           ,
           and
           from
           that
           day
           to
           this
           have
           been
           constantly
           complain'd
           of
           ?
           Let
           any
           English
           Heart
           that
           stands
           so
           Iustly
           in
           Vindication
           of
           his
           own
           Rights
           and
           Liberties
           ,
           answer
           this
           Question
           ,
           and
           I
           have
           done
           .
        
         
           I
           am
           now
           arriv'd
           at
           our
           Present
           
           Days
           ,
           under
           the
           Happy
           Government
           of
           His
           Majesty
           King
           WILLIAM
           the
           Third
           ;
           and
           I
           am
           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
           Liberty
           of
           Parliaments
           ,
           it
           has
           pleased
           them
           to
           bear
           harder
           on
           their
           Poor
           Neighbours
           ,
           than
           has
           ever
           yet
           been
           done
           in
           many
           Ages
           foregoing
           .
           I
           am
           sure
           what
           was
           then
           done
           by
           that
           Wise
           and
           Just
           Body
           of
           Senators
           ,
           
           was
           perfectly
           out
           of
           Good
           Will
           and
           Kindness
           to
           us
           ,
           under
           those
           Miseries
           which
           our
           Afflicted
           Country
           of
           Ireland
           then
           suffered
           But
           I
           fear
           some
           Men
           have
           since
           that
           ,
           made
           use
           of
           what
           was
           then
           done
           ,
           to
           other
           Purposes
           than
           at
           first
           intended
           .
           Let
           us
           now
           see
           what
           that
           was
           ,
           and
           consider
           the
           Circumstances
           under
           which
           it
           was
           done
           .
        
         
           In
           the
           year
           1689.
           when
           most
           o●…
           the
           Protestant
           Nobility
           ,
           Gentry
           ,
           and
           Clergy
           of
           Ireland
           ,
           were
           driven
           out
           of
           that
           Kingdom
           by
           the
           Insolencies
           and
           Barbarities
           of
           the
           
             Irish
             Papists
          
           ,
           who
           were
           then
           it
           Arms
           throughout
           the
           Kingdom
           and
           in
           all
           Places
           of
           Authority
           under
           King
           Iames
           ,
           newly
           Return'd
           to
           them
           out
           of
           France
           ;
           the
           only
           Refuge
           we
           had
           to
           fly
           to
           was
           in
           England
           ,
           where
           Multitudes
           continued
           for
           many
           Months
           ,
           destitute
           of
           all
           manner
           of
           Relief
           ,
           but
           such
           as
           the
           Charity
           of
           England
           afforded
           ,
           which
           indeed
           was
           very
           
             Munificent
             ,
             and
             never
             to
             be
             forgotten
             .
          
        
         
         
           The
           Protestant
           Clergy
           of
           Ireland
           
           being
           thus
           Banish'd
           from
           their
           Benefices
           ,
           many
           of
           them
           Accepted
           such
           small
           Ecclesiastical
           Promotions
           in
           England
           ,
           as
           the
           Benevolence
           of
           well
           dispos'd
           Persons
           presented
           them
           with
           .
           But
           this
           being
           directly
           contrary
           to
           a
           Statute
           in
           this
           Kingdom
           ,
           in
           the
           17
           and
           18
           of
           Charles
           the
           Second
           ,
           Cap.
           10.
           
           Intituled
           ,
           
             An
             Act
             for
             Disabling
             of
             Spiritual
             Persons
             from
             holding
             Benefices
             or
             other
             Ecclesiastical
             Dignities
             in
             England
             or
             Wales
             ,
             and
             in
             Ireland
             at
             the
             same
             time
             .
          
           The
           Protestant
           Irish
           Clergy
           thought
           they
           could
           not
           be
           too
           secure
           in
           avoiding
           the
           Penalty
           of
           the
           last
           mention'd
           Act
           ,
           and
           therefore
           Apply'd
           themselves
           to
           the
           Parliament
           of
           England
           ,
           and
           obtain'd
           an
           Act
           in
           the
           first
           year
           of
           King
           William
           and
           Queen
           Mary
           ,
           c.
           29.
           
           Intituled
           ,
           
             An
             Act
             for
             the
             Relief
             of
             the
             Protestant
             Irish
             Clergy
             .
          
           And
           this
           was
           the
           first
           Attempt
           that
           was
           made
           for
           
             Binding
             Ireland
          
           by
           an
           Act
           in
           England
           ,
           since
           his
           Majesty's
           Happy
           Accession
           to
           the
           Throne
           of
           these
           Kingdoms
           .
        
         
         
           Afterwards
           in
           the
           same
           year
           ,
           and
           
           same
           Session
           ,
           Chap.
           34.
           there
           pass'd
           an
           Act
           in
           
             England
             ,
             Prohibiting
             all
             Trade
             and
             Commerce
             with
             France
             ,
          
           both
           from
           England
           and
           Ireland
           .
           This
           also
           binds
           Ireland
           ,
           but
           was
           during
           the
           Heat
           of
           the
           War
           in
           that
           Kingdom
           ,
           when
           't
           was
           impossible
           to
           have
           a
           regular
           Parliament
           therein
           ,
           all
           being
           in
           the
           hands
           of
           the
           Irish
           Papists
           .
           Neither
           do
           we
           complain
           ,
           of
           it
           ,
           as
           hindring
           us
           from
           corresponding
           with
           the
           King's
           Enemies
           ,
           for
           't
           is
           the
           Duty
           of
           all
           Good
           Subjects
           to
           abstain
           from
           that
           .
           But
           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
           .
        
         
           When
           the
           Banish'd
           Laity
           of
           Ireland
           observ'd
           the
           Clergy
           thus
           careful
           to
           secure
           their
           Properties
           ,
           and
           provide
           for
           the
           worst
           as
           well
           as
           they
           could
           in
           that
           Juncture
           ,
           when
           no
           other
           means
           could
           be
           taken
           by
           a
           Regular
           Parliament
           in
           Ireland
           ;
           they
           thought
           it
           likewise
           adviseable
           for
           them
           to
           do
           something
           in
           relation
           to
           their
           Concerns
           .
           And
           accordingly
           
           they
           obtain'd
           the
           
             Act
             for
          
           
           
             the
             better
             Security
             and
             Relief
             ,
             of
             their
             Majesties
             Protestant
             Subjects
             of
             Ireland
             ,
          
           1
           W.
           and
           M.
           Ses.
           2.
           c.
           9.
           
           Wherein
           King
           
           Iames's
           
             Irish
             Parliament
          
           at
           Dublin
           ,
           and
           all
           Acts
           and
           Attainders
           done
           by
           them
           ,
           are
           declared
           void
           .
           'T
           is
           likewise
           thereby
           Enacted
           ,
           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
           Kings
           Quit-Rent
           ,
           from
           25
           December
           1688.
           to
           the
           end
           of
           the
           War.
           Thus
           the
           Laity
           thought
           themselves
           secure
           .
        
         
           And
           we
           cannot
           wonder
           that
           during
           the
           Heat
           of
           a
           Bloody
           War
           in
           this
           Kingdom
           ,
           when
           it
           was
           impossible
           to
           Secure
           our
           Estates
           and
           Properties
           by
           a
           Regular
           Parliament
           of
           our
           own
           ;
           we
           should
           have
           recourse
           to
           this
           Means
           ,
           as
           the
           only
           which
           then
           could
           be
           had
           .
           We
           concluded
           with
           our selves
           ,
           that
           when
           we
           had
           obtained
           these
           Acts
           from
           the
           Parliament
           in
           England
           ,
           we
           had
           gon
           a
           great
           way
           in
           securing
           the
           like
           Acts
           to
           be
           passed
           in
           a
           regular
           Parliament
           in
           Ireland
           ,
           whenever
           it
           
           should
           please
           God
           to
           re-establish
           us
           in
           our
           own
           Country
           :
           For
           we
           well
           knew
           our
           own
           Constitution
           under
           
             Poynings
             Law
          
           ,
           That
           no
           Act
           could
           Pass
           in
           the
           Parliament
           of
           Ireland
           till
           approved
           of
           by
           the
           King
           and
           Privy
           Council
           of
           England
           .
           And
           we
           knew
           likewise
           ,
           That
           all
           the
           Lords
           and
           others
           of
           his
           Majesties
           Privy
           Council
           in
           England
           are
           Members
           of
           the
           Lords
           or
           Commons
           House
           of
           Parliament
           there
           .
           And
           that
           by
           obtaining
           their
           Assent
           to
           Acts
           of
           Parliament
           in
           Favour
           of
           the
           Irish
           Protestants
           ,
           they
           had
           in
           a
           manner
           pre-engaged
           their
           Assent
           to
           the
           like
           Bills
           when
           they
           should
           hereafter
           come
           before
           them
           as
           Privy
           Councellors
           ,
           in
           order
           to
           be
           regularly
           Transmitted
           to
           the
           Parliament
           of
           Ireland
           ,
           there
           to
           be
           passed
           into
           Laws
           of
           that
           Kingdom
           .
           But
           instead
           of
           all
           this
           ,
           to
           meet
           with
           another
           Construction
           of
           what
           was
           done
           herein
           ,
           and
           to
           have
           it
           pleaded
           against
           us
           as
           a
           Precedent
           of
           our
           Submission
           ,
           and
           absolute
           Acquiescence
           in
           the
           Jurisdiction
           of
           the
           Parliaments
           of
           England
           over
           this
           Kingdom
           ,
           is
           what
           we
           complain
           of
           as
           an
           Invasion
           (
           we
           humbly
           conceive
           )
           
           of
           that
           
             Legislative
             Right
          
           which
           our
           Parliament
           of
           Ireland
           ,
           claims
           within
           this
           Kingdom
           .
        
         
           The
           next
           Act
           pass'd
           in
           the
           Parliament
           
           of
           England
           ,
           Binding
           Ireland
           ,
           is
           that
           for
           
             Abrogating
             the
             Oath
             of
             Supremacy
             in
             Ireland
             ,
             and
             Appointing
             other
             Oaths
             ,
          
           3
           and
           4
           William
           and
           Mary
           ,
           c.
           2.
           
           To
           this
           the
           Parliament
           convened
           at
           
             Dublin
             ,
             Anno
          
           1692.
           under
           Lord
           Sydney
           ,
           and
           that
           likewise
           Anno
           1695.
           under
           Lord
           Capel
           ,
           paid
           an
           intire
           Obedience
           .
           And
           by
           this
           (
           't
           is
           alledged
           )
           we
           have
           
             given
             up
             our
             Right
          
           ,
           if
           any
           we
           had
           ,
           and
           have
           for
           ever
           acknowledged
           our
           
             Subordination
             to
             the
             Parliament
             of
             England
             .
          
           But
           let
           us
           a
           little
           consider
           the
           force
           of
           this
           Argument
           .
        
         
           I
           readily
           grant
           ,
           that
           this
           and
           the
           other
           fore-mentioned
           Acts
           in
           England
           since
           the
           Revolution
           ,
           when
           they
           were
           made
           ,
           were
           look'd
           upon
           highly
           in
           our
           Favour
           ,
           and
           for
           our
           Benefit
           ;
           and
           to
           them
           as
           such
           ,
           we
           have
           conform'd
           our Selves
           .
           But
           then
           ,
           in
           all
           Justice
           and
           Equity
           ,
           our
           Submission
           herein
           is
           to
           be
           deem'd
           
             purely
             voluntary
          
           ,
           and
           not
           at
           all
           proceeding
           
           from
           the
           Right
           we
           conclude
           thereby
           in
           the
           Legislators
           .
           If
           a
           Man
           ,
           who
           has
           
             no
             Iurisdiction
          
           over
           me
           ,
           command
           me
           to
           do
           a
           thing
           that
           is
           pleasing
           to
           me
           ,
           and
           I
           do
           it
           ;
           it
           will
           not
           thence
           follow
           ,
           that
           thereby
           he
           obtains
           an
           Authority
           over
           me
           and
           that
           ever
           hereafter
           I
           must
           Obey
           him
           of
           Duty
           .
           If
           I
           voluntarily
           give
           my
           Money
           to
           a
           Man
           when
           
             I
             please
          
           ,
           and
           think
           it
           convenient
           for
           me
           ;
           this
           does
           not
           Authorize
           him
           at
           any
           time
           to
           command
           my
           Money
           from
           me
           when
           
             he
             pleases
          
           .
           If
           it
           be
           said
           ,
           this
           allows
           Subjects
           to
           Obey
           only
           whilest
           't
           is
           convenient
           for
           them
           .
           I
           pray
           it
           may
           be
           considered
           ,
           whether
           any
           Men
           Obey
           longer
           ,
           unless
           they
           be
           forced
           to
           it
           ;
           and
           whether
           they
           will
           not
           free
           themselves
           from
           this
           Force
           as
           soon
           as
           they
           can
           .
           'T
           is
           impossible
           to
           hinder
           Men
           from
           desiring
           to
           free
           themselves
           from
           Uneasiness
           ,
           't
           is
           a
           Principle
           of
           Nature
           ,
           and
           cannot
           be
           eradicated
           .
           If
           Submitting
           to
           an
           Inconvenience
           be
           a
           less
           Evil
           than
           endeavouring
           to
           Throw
           it
           off
           ,
           Men
           will
           Submit
           .
           But
           if
           the
           Inconvenience
           grow
           upon
           them
           ,
           and
           b●…
           greater
           than
           the
           hazard
           of
           getting
           
           rid
           of
           it
           ,
           Men
           will
           Offer
           at
           puting
           it
           by
           ,
           let
           the
           Statesman
           or
           Divine
           say
           what
           they
           can
           .
        
         
           But
           I
           shall
           yet
           go
           a
           little
           further
           ,
           and
           venture
           to
           Assert
           ,
           That
           the
           Right
           of
           being
           subject
           Only
           to
           such
           Laws
           to
           which
           Men
           give
           their
           
             own
             Consent
          
           ,
           is
           so
           inherent
           to
           all
           Mankind
           ,
           and
           founded
           on
           such
           Immutable
           Laws
           of
           Nature
           and
           Reason
           ,
           that
           't
           is
           not
           to
           be
           Alien'd
           ,
           or
           
             Given
             up
          
           ,
           by
           any
           Body
           of
           Men
           whatsoever
           :
           For
           the
           End
           of
           all
           Government
           and
           Laws
           being
           the
           Publick
           Good
           of
           the
           Commonwealth
           ,
           in
           the
           Peace
           ,
           Tranquility
           and
           Ease
           of
           every
           Member
           therein
           ;
           whatsoever
           Act
           is
           contrary
           to
           this
           End
           ,
           is
           in
           it self
           void
           ,
           and
           of
           no
           effect
           :
           And
           therefore
           for
           a
           Company
           of
           Men
           to
           say
           ,
           
             Let
             us
             Unite
             our selves
             into
             a
             Society
             ,
             and
             let
             us
             be
             absolutely
             Govern'd
             by
             such
             Laws
             ,
             as
             such
             a
             Legis●…ator
             ,
             without
             ever
             Consulting
             us
             ,
             shall
             devise
             for
             us
          
           ;
           't
           is
           always
           to
           be
           understood
           ,
           
             Provided
             we
             find
             them
             for
             our
             Benefit
             :
          
           For
           to
           say
           ,
           We
           will
           be
           Govern'd
           by
           those
           Laws
           ,
           
             whether
             they
             be
             Good
             or
             Hurtful
             to
             us
             ,
          
           is
           absurd
           in
           it self
           :
           For
           to
           what
           End
           
           do
           Men
           joyn
           in
           Society
           ,
           but
           to
           avoid
           Hurt
           ,
           and
           the
           Inconveniencies
           of
           the
           State
           of
           Nature
           ?
        
         
           Moreover
           ,
           I
           desire
           it
           may
           be
           considered
           ,
           whether
           the
           General
           Application
           of
           the
           Chief
           part
           of
           the
           Irish
           Protestants
           ,
           that
           were
           at
           that
           time
           in
           London
           ,
           to
           the
           Parliament
           at
           Westminster
           ,
           for
           obtaining
           these
           Laws
           ,
           may
           not
           be
           taken
           for
           their
           Consent
           ,
           and
           on
           that
           Account
           ,
           and
           no
           other
           ,
           these
           Acts
           may
           acquire
           their
           
             Binding
             Force
          
           .
           I
           know
           very
           well
           ,
           this
           cannot
           be
           look'd
           upon
           as
           a
           Regular
           and
           Formal
           Consent
           ,
           such
           as
           might
           be
           requisite
           at
           another
           more
           favourable
           Juncture
           :
           But
           yet
           it
           may
           be
           taken
           
             talis
             qualis
          
           ,
           as
           far
           as
           their
           Circumstances
           at
           that
           time
           would
           allow
           ,
           till
           a
           more
           convenient
           Opportunity
           might
           present
           it self
           .
        
         
           I
           am
           sure
           ,
           if
           some
           such
           Considerations
           as
           these
           ,
           may
           not
           plead
           for
           us
           ,
           we
           are
           of
           all
           his
           Majesties
           Subjects
           the
           most
           Unfortunate
           :
           The
           Rights
           and
           Liberties
           of
           the
           Parliament
           of
           England
           have
           received
           the
           greatest
           Corroborations
           
           since
           his
           Majesties
           Accession
           to
           the
           Throne
           ;
           and
           so
           have
           the
           Rights
           of
           Scotland
           ;
           but
           the
           Rights
           of
           the
           People
           of
           Ireland
           ,
           on
           the
           other
           hand
           ,
           have
           received
           the
           greatest
           Weakening
           under
           his
           Reign
           ,
           by
           our
           Submission
           (
           as
           't
           is
           alledg'd
           )
           to
           these
           Laws
           that
           have
           been
           made
           for
           us
           .
        
         
           This
           certainly
           was
           not
           the
           Design
           of
           his
           Majesty's
           Glorious
           Expedition
           into
           these
           Kingdoms
           ;
           That
           ,
           we
           are
           told
           by
           Himself
           ,
           (
           whom
           we
           cannot
           possibly
           mistrust
           )
           was
           to
           Assert
           the
           Rights
           and
           Liberties
           of
           these
           Nations
           ;
           and
           we
           do
           humbly
           presume
           that
           his
           Majesty
           will
           be
           graciously
           pleased
           to
           permit
           us
           to
           Enjoy
           the
           Benefits
           thereof
           .
        
         
           And
           thus
           I
           have
           done
           with
           the
           
           
             Fourth
             Article
          
           proposed
           .
           As
           to
           the
           Fifth
           ,
           viz.
           
             The
             Opinions
             of
             the
             Learned
             in
             the
             Laws
             relating
             to
             this
             Matter
          
           ;
           't
           is
           in
           a
           great
           measure
           dispatch'd
           by
           what
           I
           have
           offered
           on
           the
           Fourth
           Head
           ;
           I
           shall
           therefore
           be
           the
           more
           brief
           thereon
           .
           And
           I
           think
           indeed
           the
           only
           Person
           of
           Note
           that
           remains
           to
           be
           considered
           
           by
           us
           ,
           is
           the
           Lord
           Chief
           Justice
           
           Cook
           ,
           a
           Name
           of
           great
           Veneration
           with
           the
           Gentlemen
           of
           the
           Long
           Robe
           ,
           and
           therefore
           to
           be
           treated
           with
           all
           Respect
           and
           Deference
           .
        
         
           In
           his
           Seventh
           Report
           in
           
           Calvin's
           Case
           ,
           he
           is
           proving
           that
           Ireland
           is
           a
           Dominion
           Separate
           and
           Divided
           from
           England
           ;
           for
           this
           he
           quotes
           many
           Authorities
           a
           out
           of
           the
           Year-Books
           and
           Reports
           ;
           and
           amongst
           others
           ,
           he
           has
           that
           which
           I
           have
           before
           mention'd
           ,
           pag.
           91.
           2
           
           R.
           3.
           f.
           12.
           which
           he
           Transcribes
           in
           this
           manner
           ,
           
             Hibernia
             habet
             Parliamentum
             ,
             &
             faciunt
             Leges
             ,
          
           &
           nostra
           Statuta
           non
           ligant
           eos
           ,
           
             quia
             non
             mittunt
             Milites
             ad
             Parliamentum
          
           ;
           and
           then
           adds
           ,
           in
           a
           Parenthesis
           ,
           
             (
             which
             is
             to
             be
             understood
             ,
             unless
             they
             be
             specially
             named
             )
             sed
             Personae
             eorum
             sunt
             subjecti
             Regis
             sicut
             inhabitantes
             in
             Calesia
             ,
             Gasconia
             ,
             &
             Guyan
             .
          
           The
           first
           thing
           I
           shall
           observe
           hereon
           ,
           is
           the
           very
           unfaithful
           and
           broken
           Citation
           of
           this
           Passage
           ,
           as
           will
           manifestly
           appear
           by
           comparing
           it
           with
           the
           true
           Transcript
           I
           have
           given
           thereof
           before
           ,
           pag.
           91.
           
           Were
           this
           all
           ,
           't
           were
           in
           some
           measure
           
           pardonable
           .
           But
           what
           cannot
           be
           excused
           ,
           is
           the
           Unwarrantable
           Position
           in
           his
           Parenthesis
           ,
           without
           the
           least
           colour
           or
           ground
           for
           it
           in
           his
           Text.
           Herein
           he
           concludes
           down
           right
           Magisterially
           ,
           
             So
             it
             must
             be
             ,
             this
             is
             my
             Definitive
             Sentence
          
           ;
           as
           if
           his
           
             Plain
             Assertion
          
           ,
           without
           any
           
             other
             Reason
          
           ,
           ought
           to
           prevail
           ;
           nay
           ,
           even
           point
           blank
           against
           the
           irrefragable
           Reason
           of
           the
           Book
           he
           quotes
           .
           I
           confess
           in
           another
           place
           of
           
           Calvin's
           Case
           ,
           viz.
           fol.
           17.
           b.
           he
           gives
           this
           Assertion
           a
           Colour
           of
           Reason
           ,
           by
           saying
           ,
           
             That
             tho'
             Ireland
             be
             a
             Distinct
             Dominion
             from
             England
             ,
             yet
             the
             Title
             thereof
             being
             by
          
           Conquest
           ,
           
             the
             same
             by
             Iudgment
             of
             Law
             might
             by
             Express
             Words
             be
             bound
             by
             the
             Parliaments
             of
             England
          
           How
           far
           Conquest
           gives
           a
           Title
           ,
           we
           have
           Enquired
           before
           :
           But
           I
           would
           fain
           know
           what
           Lord
           Cook
           means
           by
           
             Iudgment
             of
             Law
          
           :
           Whether
           he
           means
           the
           
             Law
             of
             Nature
          
           and
           Reason
           ,
           or
           of
           Nations
           ;
           or
           the
           
             Civil
             Laws
          
           of
           our
           Commonwealths
           ;
           in
           none
           of
           which
           Senses
           ,
           I
           conceive
           ,
           will
           he
           ,
           or
           any
           Man
           ,
           be
           ever
           able
           to
           make
           out
           his
           Position
           .
        
         
         
           Is
           the
           Reason
           of
           
           England's
           Parliament
           not
           Binding
           
             Ireland
             ,
             Because
             we
             do
             not
             send
             thither
             Representatives
             ?
          
           And
           is
           the
           Efficacy
           of
           this
           Reason
           taken
           off
           ,
           by
           
             our
             being
             Named
          
           in
           an
           English
           Act
           ?
           Why
           should
           sending
           Representatives
           to
           Parliament
           ,
           Bind
           those
           that
           send
           them
           ?
           Meerly
           because
           thereby
           the
           Consent
           of
           those
           that
           are
           Bound
           ,
           is
           obtain'd
           ,
           as
           far
           as
           those
           sort
           of
           Meetings
           can
           possibly
           permit
           ;
           which
           is
           the
           very
           Foundation
           of
           the
           Obligation
           of
           all
           Laws
           .
           And
           is
           
           Ireland's
           
             being
             Named
          
           in
           an
           English
           Act
           of
           Parliament
           ,
           the
           least
           step
           towards
           obtaining
           the
           Consent
           of
           the
           
             People
             of
             Ireland
          
           ?
           If
           it
           be
           not
           ,
           then
           certainly
           my
           Lord
           
           Cook
           's
           Parenthesis
           is
           to
           no
           purpose
           .
           And
           't
           is
           a
           wonder
           to
           me
           ,
           that
           so
           many
           Men
           have
           run
           upon
           this
           vain
           Imagination
           ,
           meerly
           from
           the
           Assertion
           of
           this
           Judge
           :
           For
           I
           challenge
           any
           Man
           to
           shew
           me
           ,
           that
           any
           one
           before
           him
           ,
           or
           any
           one
           since
           ,
           but
           
             from
             him
          
           ,
           has
           vended
           this
           Doctrine
           :
           And
           if
           the
           
             bare
             Assertion
          
           of
           a
           Judge
           ,
           shall
           Bind
           a
           
             whole
             Nation
          
           ,
           and
           Dissolve
           
           the
           Rights
           and
           Liberties
           thereof
           ,
           We
           shall
           make
           their
           Tongues
           very
           powerful
           ,
           and
           constitute
           them
           greater
           Lawgivers
           than
           the
           greatest
           Senates
           .
           I
           do
           not
           see
           why
           my
           Denying
           it
           ,
           should
           not
           be
           as
           Authentick
           as
           his
           Affirming
           it
           .
           'T
           is
           true
           ,
           He
           was
           a
           great
           Lawyer
           and
           a
           powerful
           Judge
           ;
           but
           had
           no
           more
           Authority
           to
           
             make
             a
             Law
          
           ,
           than
           I
           or
           any
           Man
           else
           .
           But
           some
           will
           say
           ,
           He
           was
           a
           Learned
           Judge
           ,
           and
           may
           be
           supposed
           to
           have
           Reason
           for
           his
           Position
           .
           Why
           then
           does
           he
           not
           give
           it
           us
           ?
           And
           then
           what
           he
           Asserts
           would
           Prevail
           ,
           not
           from
           the
           
             Authority
             of
             the
             Person
          
           ,
           but
           from
           the
           
             Force
             of
             the
             Reason
          
           .
           The
           most
           Learned
           in
           the
           Laws
           have
           no
           more
           power
           to
           make
           or
           alter
           a
           Constitution
           ,
           than
           any
           other
           Man
           ;
           And
           their
           Decisions
           shall
           no
           farther
           prevail
           ,
           than
           supported
           by
           Reason
           and
           Equity
           .
           I
           conceive
           my
           Ld.
           Ch.
           Justice
           Cooke
           apply'd
           himself
           so
           wholly
           to
           the
           Study
           of
           the
           
             Common
             Laws
          
           of
           England
           ,
           that
           he
           did
           not
           enquire
           far
           into
           the
           
             Laws
             of
             Nature
          
           and
           Nations
           ;
           if
           he
           had
           ,
           certainly
           he
           could
           never
           have
           been
           Guilty
           of
           such
           an
           Erroneous
           Slip
           ;
           
           He
           would
           have
           seen
           demonstrably
           ,
           that
           
             Consent
             only
          
           gives
           Humane
           Laws
           their
           Force
           ,
           and
           that
           therefore
           the
           Reason
           in
           the
           Case
           he
           quotes
           is
           unanswerable
           ,
           
             Quia
             non
             mittunt
             Milites
             ad
             Parliamentum
             .
          
           Moreover
           ,
           the
           Assertion
           of
           Cooke
           in
           this
           point
           is
           directly
           contrary
           to
           the
           whole
           tenour
           of
           the
           Case
           which
           he
           cites
           :
           For
           the
           very
           Act
           of
           Parliament
           on
           which
           the
           Debate
           of
           the
           Judges
           did
           arise
           ,
           and
           which
           they
           deemed
           not
           to
           be
           of
           Force
           in
           Ireland
           ,
           particularly
           names
           Ireland
           .
           So
           that
           here
           again
           Ld.
           
           Cooke's
           Error
           appears
           most
           plainly
           .
           For
           this
           I
           refer
           to
           the
           Report
           ,
           as
           I
           have
           exactly
           delivered
           it
           before
           pag.
           90
           ,
           91.
           
           By
           which
           it
           appears
           clearly
           to
           be
           the
           unanimous
           Opinion
           of
           all
           the
           Judges
           then
           in
           the
           
             Exchequer
             Chamber
          
           :
           That
           
             within
             the
             Land
             of
             Ireland
          
           ,
           the
           Parliaments
           of
           England
           have
           no
           Jurisdiction
           ,
           whatever
           they
           may
           have
           over
           the
           Subjects
           of
           Ireland
           on
           the
           
             open
             Seas
          
           :
           And
           the
           reason
           is
           given
           ,
           
             Quia
             Hibernia
             non
             mittit
             Milites
             ad
             Parliamentum
             in
             Angliâ
             .
          
        
         
         
           This
           Assertion
           likewise
           is
           inconsistent
           with
           himself
           in
           other
           parts
           of
           his
           Works
           .
           He
           tells
           us
           in
           his
           4th
           .
           Inst.
           pag.
           349.
           
           
             That
             't
             is
             plain
             that
             not
             only
             King
          
           John
           
             (
             as
             all
             Men
             allow
             )
             but
          
           Henry
           
             the
             Second
             also
             ,
             the
             Father
             of
             King
          
           John
           ,
           
             did
             Ordain
             and
             Command
             ,
             at
             the
             Instance
             of
             the
             Irish
             ,
             That
             such
             Laws
             as
             had
             been
             in
          
           England
           
             should
             be
             Observ'd
             and
             of
             Force
             in
          
           Ireland
           .
           Hereby
           Ireland
           
             being
             of
             it self
             a
             distinct
             Dominion
             ,
             and
             no
             part
             of
             the
             Kingdom
             of
          
           England
           ,
           
             was
             to
             have
             Parliaments
             holden
             there
             as
             in
          
           England
           .
           And
           in
           pag.
           12.
           he
           tells
           us
           ,
           That
           Henry
           
             the
             Second
             sent
             a
             Modus
             into
          
           Ireland
           ,
           
             directing
             them
             how
             to
             hold
             their
             Parliaments
             .
          
           But
           to
           what
           end
           was
           all
           this
           ,
           if
           Ireland
           nevertheless
           were
           subject
           to
           the
           Parliament
           of
           England
           ?
           The
           King
           and
           Parliaments
           of
           these
           Kingdoms
           are
           the
           supream
           Legislators
           ;
           If
           Ireland
           be
           subject
           to
           Two
           (
           its
           Own
           ,
           and
           that
           of
           England
           )
           it
           has
           
             Two
             Supreams
          
           ;
           't
           is
           not
           impossible
           ,
           but
           they
           may
           Enact
           
             different
             or
             contrary
          
           Sanctions
           ;
           which
           of
           these
           shall
           the
           People
           Obey
           ?
           He
           tells
           us
           in
           
           Calvin's
           Case
           
           fol.
           17.
           b.
           
             That
             if
             a
             King
             hath
             a
             Christian
             Kingdom
          
           by
           Conquest
           ,
           as
           Henry
           
             the
             Second
             had
          
           Ireland
           ,
           
             after
             King
          
           John
           
             had
             given
             to
             them
             ,
             being
             under
             his
             Obedience
             ,
             and
             Subjection
             ,
             the
             Laws
             of
          
           England
           
             for
             the
             Government
             of
             that
             Country
             ,
             no
             succeeding
             King
             could
             alter
             the
             same
             without
             Parliament
             .
          
           Which
           ,
           by
           the
           way
           ,
           seems
           directly
           contradictory
           to
           what
           he
           says
           concerning
           Ireland
           six
           lines
           below
           this
           last
           cited
           passage
           .
           So
           that
           we
           may
           observe
           my
           Lord
           Cook
           enormously
           stumbling
           at
           every
           turn
           in
           this
           Point
           .
        
         
           Thus
           I
           have
           done
           with
           this
           Reverend
           
           Judge
           ;
           and
           ,
           in
           him
           ,
           with
           the
           only
           
             Positive
             Opinion
             against
             us
          
           I
           shall
           now
           consider
           what
           our
           Law-Books
           offer
           in
           our
           Favour
           on
           this
           Point
           .
        
         
           To
           this
           purpose
           we
           meet
           a
           Case
           fully
           apposite
           ,
           reported
           in
           the
           Year-Book
           of
           the
           20th
           of
           Henry
           the
           6th
           ,
           fol.
           8.
           between
           one
           
             Iohn
             Pilkington
          
           and
           one
           A.
           
        
         
           Pilkington
           brought
           a
           
             Scire
             Facias
          
           
           against
           A.
           to
           shew
           Cause
           ,
           why
           Letters
           
           Patents
           whereby
           the
           King
           had
           granted
           an
           Office
           in
           Ireland
           to
           the
           said
           A.
           should
           not
           be
           repeal'd
           ,
           since
           the
           said
           Pilkington
           had
           the
           same
           Office
           granted
           to
           him
           by
           former
           Letters
           Patents
           of
           the
           same
           King
           to
           be
           occupied
           by
           himself
           or
           his
           Deputy
           .
           Whereupon
           A.
           pleaded
           ,
           That
           the
           Land
           of
           Ireland
           ,
           time
           out
           of
           Memory
           ,
           hath
           been
           a
           Land
           separated
           and
           distinct
           from
           the
           Land
           of
           England
           ,
           and
           Ruled
           and
           Governed
           by
           the
           Customs
           of
           the
           same
           Land
           of
           Ireland
           .
           That
           the
           Lords
           of
           the
           same
           Land
           ,
           which
           are
           of
           the
           King's
           Council
           ,
           have
           used
           from
           time
           to
           time
           ,
           in
           the
           absence
           of
           the
           King
           ,
           to
           Elect
           a
           Iustice
           ,
           who
           hath
           Power
           to
           Pardon
           and
           Punish
           all
           Felons
           ,
           &c.
           and
           to
           call
           a
           Parliament
           ,
           and
           by
           the
           Advice
           of
           the
           Lords
           and
           Commonalty
           to
           make
           Statutes
           .
           He
           alledged
           further
           ,
           That
           a
           Parliament
           was
           Assembled
           ,
           and
           that
           it
           was
           Ordain'd
           by
           the
           said
           Parliament
           ,
           a
           That
           every
           Man
           who
           had
           an
           Office
           within
           the
           said
           Land
           ,
           before
           a
           certain
           day
           ,
           shall
           occupy
           the
           said
           Office
           by
           himself
           ,
           otherwise
           ,
           he
           should
           forfeit
           .
           He
           shew'd
           that
           Pilkington
           Occupied
           by
           a
           Deputy
           ;
           
           and
           that
           therefore
           his
           Office
           was
           void
           ,
           and
           that
           the
           King
           had
           granted
           the
           said
           Office
           to
           him
           the
           said
           A.
           Hereupon
           Pilkington
           Demurr'd
           in
           Law
           ;
           and
           it
           was
           debated
           by
           the
           Judges
           ,
           
             Yelverton
             ,
             Fortescue
             ,
             Portington
             ,
             Markham
             ,
          
           and
           Ascough
           ,
           whether
           the
           said
           Prescription
           in
           relation
           to
           the
           State
           and
           Government
           of
           Ireland
           ,
           be
           good
           o●…
           void
           in
           Law.
           Yelverton
           and
           Portington
           held
           the
           Prescription
           void
           But
           
             Fortescue
             ,
             Markham
          
           ,
           and
           Ascough
           held
           the
           Prescription
           good
           ;
           and
           that
           the
           Letters
           Patents
           made
           to
           A
           were
           good
           ,
           and
           ought
           not
           to
           be
           Repeal'd
           .
           And
           in
           this
           it
           was
           agreed
           by
           Fortescue
           and
           Portington
           ,
           That
           if
           a
           Tenth
           or
           Fifteenth
           be
           granted
           by
           Parliament
           in
           England
           ,
           that
           shall
           not
           Bind
           Ireland
           ,
           although
           the
           King
           should
           send
           the
           same
           Statute
           into
           Ireland
           under
           his
           Great
           Seal
           :
           Except
           they
           in
           Ireland
           will
           in
           their
           Parliament
           Approve
           it
           ;
           
             Because
             they
             have
             not
             any
             Commandment
             by
             Writ
             to
             come
             to
             the
             Parliament
             of
             England
             :
          
           And
           this
           was
           not
           Denied
           by
           
             Markham
             ,
             Yelverton
          
           ,
           or
           Ascough
           .
        
         
         
           The
           
             Merchants
             of
             Waterford's
             Case
          
           
           which
           I
           have
           observed
           before
           ,
           pag.
           90.
           as
           Reported
           in
           the
           Year
           Book
           of
           the
           2d
           .
           of
           Richard
           the
           3d.
           fol.
           11
           ,
           12
           ,
           is
           notorious
           on
           our
           behalf
           ,
           but
           needs
           not
           be
           here
           repeated
           .
        
         
           The
           Case
           of
           the
           Prior
           of
           Lanthony
           
           in
           Wales
           ,
           mentioned
           by
           Mr.
           Pryn
           against
           the
           4th
           Inst.
           ch
           .
           76.
           p.
           313.
           is
           usually
           cited
           against
           us
           .
           But
           I
           conceive
           't
           is
           so
           far
           from
           proving
           this
           ,
           that
           't
           is
           very
           much
           in
           our
           Behalf
           .
           The
           Case
           was
           briefly
           thus
           .
           The
           Prior
           of
           Lanthony
           brought
           an
           Action
           in
           the
           
             Com.
             Pleas
          
           of
           Ireland
           against
           the
           of
           Prior
           Mollingar
           ,
           for
           an
           Arrear
           of
           an
           Annuity
           ,
           and
           Judgment
           went
           against
           the
           Prior
           of
           Mollingar
           ;
           hereon
           the
           Prior
           of
           Mollingar
           brought
           a
           Writ
           of
           Error
           in
           the
           
             King's
             Bench
          
           of
           Ireland
           ,
           and
           the
           Judgment
           was
           affirmed
           .
           Then
           the
           Prior
           of
           Mollingar
           Appeal'd
           to
           the
           Parliament
           in
           Ireland
           held
           5
           Hen.
           6.
           before
           
             Iames
             Butler
          
           Earl
           of
           Ormond
           ,
           and
           the
           Parliament
           Revers'd
           both
           Judgments
           .
           The
           Prior
           of
           Lanthony
           removed
           all
           into
           the
           
             King's
             Bench
          
           in
           England
           ;
           but
           the
           King's
           
           Bench
           refused
           to
           intermeddle
           ,
           
             as
             having
             no
             Power
             over
             what
             had
             pass'd
             in
             the
             Parliament
             of
             Ireland
             .
          
           Hereupon
           the
           Prior
           of
           Lanthony
           Appeal'd
           to
           the
           Parliament
           of
           England
           .
           And
           it
           does
           not
           appear
           by
           the
           Parliament
           Roll
           a
           that
           any
           thing
           was
           done
           on
           this
           Appeal
           ;
           all
           that
           is
           Entred
           being
           only
           the
           Petition
           it self
           at
           the
           end
           of
           the
           Roll.
           
             Vid.
             Pryn
          
           against
           the
           4th
           Instit.
           chap.
           76.
           p.
           313.
           
        
         
           Now
           whether
           this
           be
           a
           Precedent
           proving
           the
           Subordination
           of
           our
           Irish
           Parliament
           to
           that
           of
           England
           ,
           I
           leave
           the
           Reader
           to
           judge
           .
           To
           me
           it
           seems
           the
           
             clear
             contrary
          
           .
           For
           first
           we
           may
           observe
           ,
           the
           
             King's
             Bench
          
           in
           England
           absolutely
           disclaiming
           any
           Cognisance
           of
           what
           had
           passed
           in
           the
           Parliament
           of
           Ireland
           .
           And
           next
           we
           may
           observe
           ,
           That
           nothing
           at
           all
           was
           done
           therein
           upon
           the
           Appeal
           to
           the
           Parliament
           of
           England
           :
           Certainly
           if
           the
           Parliament
           of
           England
           had
           thought
           themselves
           to
           have
           a
           Right
           to
           Enquire
           into
           this
           Matter
           ,
           they
           had
           so
           done
           ,
           one
           way
           or
           t'other
           ,
           and
           not
           left
           the
           Matter
           Undetermin'd
        
         
         
           It
           has
           ever
           been
           acknowledged
           
           that
           the
           Kingdom
           of
           Ireland
           is
           inseparably
           annex'd
           to
           the
           Imperial
           Crown
           of
           England
           .
           The
           Obligation
           that
           our
           Legislature
           lies
           under
           by
           
           Poyning's
           Act
           ,
           10
           H.
           7.
           c.
           4.
           makes
           this
           Tye
           between
           the
           two
           Kingdoms
           indissoluble
           .
           And
           we
           must
           ever
           own
           it
           our
           Happiness
           to
           be
           thus
           Annex'd
           to
           England
           :
           And
           that
           the
           Kings
           and
           Queens
           of
           England
           are
           by
           undoubted
           Right
           ,
           
             ipso
             facto
          
           Kings
           and
           Queens
           of
           Ireland
           .
           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
           Received
           there
           in
           Parliament
           ,
           they
           should
           be
           more
           especially
           such
           Acts
           as
           relate
           to
           the
           Succession
           and
           
             Settlement
             of
             the
             Crown
          
           ,
           and
           Recognition
           of
           the
           Kings
           Title
           thereto
           ,
           and
           the
           Power
           and
           Iurisdiction
           of
           the
           King.
           And
           yet
           we
           find
           in
           the
           Irish
           Statutes
           ,
           28
           Hen.
           VIII
           .
           c.
           2.
           
           
             An
             Act
             for
             the
             Succession
             of
             the
             King
             and
             Queen
             Ann
          
           ;
           and
           another
           ,
           Chap.
           5.
           declaring
           the
           King
           to
           be
           
             Supream
             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
             Kings
             Title
             to
             Ireland
             ,
          
           in
           the
           Reigns
           of
           Henry
           the
           Eighth
           ,
           Queen
           Elizabeth
           ,
           King
           Iames
           ,
           King
           Charles
           the
           Second
           ,
           King
           William
           and
           Queen
           Mary
           .
           By
           which
           it
           appears
           that
           Ireland
           ,
           tho'
           Annex'd
           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
           these
           English
           Acts
           relating
           to
           the
           Succession
           ,
           and
           Recognition
           of
           the
           Kings
           Title
           ,
           do
           particularly
           Name
           Ireland
           .
        
         
           As
           the
           Civil
           State
           of
           Ireland
           is
           
           thus
           Absolute
           within
           it self
           ,
           so
           likewise
           is
           our
           State
           Ecclesiastical
           :
           This
           is
           manifest
           by
           the
           Canons
           and
           Constitutions
           ,
           and
           even
           by
           the
           Articles
           of
           the
           
             Church
             of
             Ireland
          
           which
           differ
           in
           some
           things
           from
           those
           of
           the
           
             Church
             of
             England
          
           And
           in
           all
           the
           Charters
           and
           Grant
           of
           Liberties
           and
           Immunities
           to
           
           Ireland
           ,
           we
           still
           find
           this
           ,
           That
           
             Holy
             Church
             shall
             be
             Free
          
           ,
           &c.
           
           I
           would
           fain
           know
           what
           is
           meant
           here
           by
           the
           word
           Free
           :
           Certainly
           if
           our
           Church
           be
           Free
           and
           Absolute
           within
           it self
           ,
           our
           State
           must
           be
           so
           likewise
           ;
           for
           how
           our
           Civil
           and
           Ecclesiastical
           Government
           is
           now
           interwoven
           ,
           every
           body
           knows
           .
           But
           I
           will
           not
           enlarge
           on
           this
           head
           ,
           it
           suffices
           only
           to
           hint
           it
           ;
           I
           shall
           detain
           my self
           to
           our
           
             Civil
             Government
          
           .
        
         
           Another
           Argument
           against
           the
           
           Parliament
           of
           
           England's
           Jurisdiction
           over
           Ireland
           ,
           I
           take
           from
           a
           Record
           in
           
           Reyley's
           
             Placita
             Parliamentaria
          
           ,
           pag.
           569.
           to
           this
           effect
           :
           a
           In
           the
           14th
           of
           Edward
           the
           Second
           ,
           the
           King
           sent
           his
           Letters
           Patents
           to
           the
           Lord
           Justice
           of
           Ireland
           ,
           leting
           him
           know
           ,
           That
           he
           had
           been
           moved
           by
           his
           Parliament
           at
           Westminster
           ,
           that
           he
           would
           give
           Order
           that
           the
           
             Irish
             Natives
          
           of
           Ireland
           ,
           might
           enjoy
           the
           
             Laws
             of
             England
          
           concerning
           Life
           and
           Member
           ,
           in
           as
           large
           and
           ample
           manner
           as
           the
           English
           of
           Ireland
           enjoy'd
           the
           same
           .
           This
           therefore
           the
           King
           gives
           in
           Commandment
           ,
           
           and
           orders
           accordingly
           ,
           by
           these
           his
           Letters
           Patents
           .
           From
           hence
           ,
           I
           say
           ,
           we
           may
           gather
           ,
           That
           the
           Parliament
           of
           England
           did
           not
           then
           take
           upon
           them
           to
           have
           any
           Iurisdiction
           in
           Ireland
           ,
           (
           for
           then
           they
           would
           have
           made
           a
           Law
           for
           Ireland
           to
           this
           Effect
           )
           but
           instead
           thereof
           ,
           they
           Apply
           to
           the
           King
           ,
           that
           he
           would
           interpose
           his
           Commands
           ,
           and
           give
           Directions
           that
           this
           great
           Branch
           of
           the
           
             Common
             Law
          
           of
           England
           should
           be
           put
           in
           Execution
           in
           Ireland
           indifferently
           to
           all
           the
           Kings
           Subjects
           there
           ,
           pursuant
           to
           the
           
             Original
             Compact
          
           made
           with
           them
           on
           their
           first
           Submission
           to
           the
           Crown
           of
           England
           .
        
         
           Let
           us
           now
           consider
           the
           great
           
           Objection
           drawn
           from
           a
           
             Writ
             of
          
           Error
           's
           lying
           from
           the
           
             Kings
             Bench
          
           of
           England
           ,
           on
           a
           Judgment
           given
           in
           the
           
             Kings
             Bench
          
           in
           Ireland
           ;
           which
           proves
           (
           as
           't
           is
           insisted
           on
           )
           that
           there
           is
           a
           Subordination
           of
           Ireland
           to
           England
           ;
           and
           that
           if
           an
           Inferiour
           Court
           of
           Judicature
           in
           England
           ,
           can
           thus
           take
           cognizance
           of
           ,
           and
           over-rule
           the
           Proceedings
           in
           the
           like
           Court
           of
           Ireland
           ;
           it
           will
           
           follow
           ,
           that
           the
           Supream
           Court
           of
           Parliament
           in
           England
           may
           do
           the
           same
           ,
           in
           relation
           to
           the
           Proceedings
           of
           the
           Court
           of
           Parliament
           in
           Ireland
           .
        
         
           It
           must
           be
           confess'd
           that
           this
           has
           been
           the
           constant
           Practice
           ;
           and
           it
           seems
           to
           be
           the
           great
           thing
           that
           induced
           my
           Lord
           Cook
           to
           believe
           that
           an
           Act
           of
           Parliament
           in
           England
           ,
           and
           mentioning
           or
           Including
           Ireland
           ,
           should
           Bind
           here
           .
           The
           Subordination
           of
           Ireland
           to
           England
           ,
           he
           seems
           to
           infer
           from
           the
           Subordination
           of
           the
           
             Kings
             Bench
          
           of
           Ireland
           ,
           to
           the
           
             Kings
             Bench
          
           of
           England
           .
           But
           to
           this
           I
           answer
           :
        
         
           1.
           
           That
           't
           is
           the
           Opinion
           of
           several
           Learned
           in
           the
           Laws
           of
           Ireland
           ,
           That
           this
           Removal
           of
           a
           Judgment
           from
           the
           
             Kings
             Bench
          
           of
           Ireland
           ,
           by
           
             Writ
             of
             Error
          
           ,
           into
           the
           
             Kings
             Bench
          
           of
           England
           ,
           is
           founded
           on
           an
           Act
           of
           Parliament
           in
           Ireland
           ,
           which
           is
           lost
           amongst
           a
           great
           number
           of
           other
           Acts
           ,
           which
           we
           want
           for
           the
           space
           of
           130
           years
           at
           one
           time
           ,
           and
           of
           120
           at
           another
           time
           ,
           as
           we
           have
           noted
           before
           ,
           
           pag.
           65.
           
           But
           it
           being
           only
           a
           
             General
             Tradition
          
           ,
           that
           there
           was
           such
           an
           Act
           of
           our
           Parliament
           ,
           we
           only
           offer
           it
           as
           a
           Surmise
           ,
           the
           Statute
           it self
           does
           not
           appear
           .
        
         
           2.
           
           Where
           a
           Judgment
           in
           Ireland
           is
           Removed
           ,
           to
           be
           Revers'd
           in
           England
           ,
           the
           Judges
           in
           England
           ought
           ,
           and
           always
           do
           judge
           ,
           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
           if
           in
           any
           thing
           the
           two
           Laws
           differ
           ,
           the
           Law
           of
           Ireland
           must
           prevail
           ,
           and
           guide
           their
           Judgment
           .
           And
           therefore
           in
           the
           Case
           of
           one
           Kelly
           ,
           Removed
           to
           the
           
             Kings
             Bench
          
           in
           England
           ,
           in
           the
           beginning
           of
           King
           Charles
           the
           First
           ,
           one
           Error
           was
           assigned
           that
           the
           Praecipe
           was
           of
           Woods
           and
           Underwoods
           ,
           which
           is
           a
           manifest
           Error
           ,
           if
           brought
           in
           England
           ;
           but
           the
           Judges
           finding
           the
           Use
           to
           be
           Otherwise
           in
           Ireland
           ,
           judged
           it
           
             No
             Error
          
           .
           So
           in
           
             Crook
             ,
             Charles
          
           ,
           fol.
           511.
           
           Mulcarry
           vers
           .
           Eyres
           .
           Error
           was
           assigned
           for
           that
           the
           Declaration
           was
           of
           one
           hundred
           
           Acres
           of
           Bogg
           ,
           which
           is
           a
           word
           not
           known
           in
           England
           ;
           but
           't
           was
           said
           ,
           It
           was
           well
           enough
           understood
           in
           Ireland
           ,
           and
           so
           adjudged
           
             No
             Error
          
           .
        
         
           From
           whence
           ,
           I
           conceive
           ,
           't
           is
           manifest
           ,
           that
           the
           Jurisdiction
           of
           the
           Kings
           Bench
           in
           England
           ,
           over
           a
           Judgment
           in
           the
           Kings
           Bench
           of
           Ireland
           ,
           does
           not
           proceed
           from
           any
           Subordination
           of
           one
           Kingdom
           to
           the
           other
           ;
           but
           from
           some
           other
           Reason
           ,
           which
           we
           shall
           endeavour
           to
           make
           out
           .
        
         
           3.
           
           We
           have
           before
           observed
           ,
           That
           in
           the
           Reign
           of
           K.
           Henry
           the
           Third
           ,
           
             Gerald
             Fitz-Maurice
          
           ,
           Lord
           Justice
           of
           Ireland
           ,
           sent
           four
           Knights
           to
           know
           what
           was
           held
           for
           Law
           in
           England
           in
           the
           Case
           of
           Coparceners
           .
           The
           Occasion
           of
           which
           Message
           (
           as
           before
           we
           have
           noted
           out
           of
           the
           Kings
           Rescript
           )
           was
           ,
           because
           the
           Kings
           Justice
           of
           Ireland
           was
           ignorant
           what
           the
           Law
           was
           .
           We
           may
           reasonably
           imagine
           that
           there
           were
           many
           Messages
           of
           this
           kind
           ;
           for
           in
           the
           Infancy
           of
           the
           English
           Government
           ,
           it
           may
           well
           be
           supposed
           ,
           
           that
           the
           Judges
           in
           Ireland
           were
           not
           so
           deeply
           versed
           in
           the
           Laws
           of
           England
           :
           This
           occasioned
           Messages
           to
           
             England
             ,
             Before
          
           Judgment
           given
           in
           Ireland
           ,
           to
           be
           inform'd
           of
           the
           Law.
           And
           After
           Decrees
           made
           ,
           Persons
           who
           thought
           themselves
           aggrieved
           by
           Erroneous
           Judgments
           ,
           apply'd
           themselves
           to
           the
           King
           in
           England
           for
           Redress
           .
           Thus
           it
           must
           be
           ,
           that
           Writs
           of
           Error
           (
           unless
           they
           had
           their
           Sanction
           in
           Parliament
           )
           became
           in
           use
           .
           Complaints
           to
           the
           King
           by
           those
           that
           thought
           themselves
           injur'd
           ,
           increased
           ;
           and
           at
           last
           grew
           into
           Custom
           ,
           and
           obtain'd
           the
           Force
           of
           Law.
           
        
         
           Perhaps
           it
           may
           be
           Objected
           ,
           That
           if
           the
           Judges
           of
           the
           Kings
           Bench
           in
           England
           ought
           to
           Regulate
           their
           Judgment
           by
           the
           Customs
           of
           Ireland
           ,
           and
           not
           of
           England
           ,
           it
           will
           follow
           ,
           that
           this
           Original
           which
           we
           assign
           of
           Writs
           of
           Error
           to
           England
           ,
           is
           not
           right
           .
        
         
           I
           Answer
           ,
           That
           this
           may
           be
           the
           
             Primary
             Original
          
           ,
           and
           yet
           consist
           well
           enough
           with
           what
           we
           have
           
           before
           laid
           down
           :
           For
           tho'
           the
           Common
           Law
           of
           England
           was
           to
           be
           the
           Common
           Law
           of
           Ireland
           ,
           and
           Ireland
           at
           the
           beginning
           of
           its
           English
           Government
           might
           frequently
           send
           into
           England
           to
           be
           inform'd
           about
           it
           ;
           yet
           this
           does
           not
           hinder
           ,
           but
           Ireland
           ,
           in
           a
           long
           Process
           of
           Time
           ,
           may
           have
           some
           smaller
           Customs
           and
           Laws
           of
           its
           own
           ,
           gradually
           but
           insensibly
           crept
           into
           Practice
           ,
           that
           may
           in
           some
           measure
           differ
           from
           the
           Customs
           and
           Practice
           of
           England
           ;
           and
           where
           there
           is
           any
           such
           ,
           the
           Judges
           of
           England
           must
           regulate
           their
           Sentence
           accordingly
           ,
           tho'
           the
           first
           Rise
           of
           Writs
           of
           Error
           to
           England
           ,
           may
           be
           as
           we
           have
           here
           suggested
           .
           In
           like
           manner
           ,
           where
           the
           Statute-Law
           of
           Ireland
           differs
           from
           that
           of
           England
           ,
           the
           Judges
           of
           England
           will
           regulate
           their
           Judgments
           by
           the
           Statute-law
           of
           Ireland
           :
           This
           is
           the
           constant
           Practice
           ,
           and
           notoriously
           known
           in
           Westminster-Hall
           :
           From
           which
           it
           appears
           ,
           that
           removing
           a
           Judgment
           from
           the
           Kings
           Bench
           of
           Ireland
           ,
           to
           the
           Kings
           Bench
           of
           England
           ,
           is
           but
           an
           Appeal
           to
           the
           King
           in
           his
           Bench
           
           of
           England
           ,
           for
           his
           Sense
           ,
           Judgement
           ,
           or
           Exposition
           of
           the
           Laws
           of
           Ireland
           .
           But
           of
           this
           more
           hereafter
           .
        
         
           4.
           
           When
           a
           
             Writ
             of
             Error
          
           is
           Returned
           into
           the
           Kings
           Bench
           of
           England
           ,
           Suit
           is
           made
           to
           the
           
             King
             only
          
           ;
           The
           Matter
           lies
           
             altogether
             before
             Him
          
           ;
           and
           the
           Party
           complaining
           applies
           to
           
             No
             Part
          
           of
           the
           Political
           Government
           of
           England
           for
           Redress
           ,
           but
           to
           the
           
             King
             of
             Ireland
             only
          
           ,
           who
           is
           in
           England
           :
           That
           the
           
             King
             only
          
           is
           sued
           to
           ,
           our
           Law-Books
           make
           Plain
           .
           This
           Court
           is
           call'd
           
             Curia
             Domini
             Regis
          
           ,
           and
           
             Aula
             Regia
          
           ,
           because
           the
           King
           used
           to
           sit
           there
           in
           Person
           ,
           as
           Lambard
           tells
           us
           ;
           And
           every
           Cause
           brought
           there
           ,
           is
           said
           to
           be
           
             coram
             Domino
             Rege
          
           ,
           even
           at
           this
           very
           day
           ,
           Cooke
           4
           Inst.
           p.
           72.
           
           Therefore
           if
           a
           Writ
           be
           returnable
           
             coram
             nobis
             ubicunque
             fuerimus
          
           ,
           't
           is
           to
           be
           Return'd
           to
           the
           
             Kings
             Bench.
          
           But
           if
           it
           be
           Returnable
           
             coram
             Iusticiariis
             nostris
             apud
             Westm.
          
           't
           is
           to
           be
           Return'd
           into
           the
           
             Common
             Pleas.
          
           This
           Court
           (
           as
           Glavnil
           and
           other
           Antients
           tells
           us
           )
           used
           to
           Travel
           with
           the
           King
           ,
           
           where-ever
           he
           went.
           And
           Fleta
           ,
           in
           describing
           this
           Court
           ,
           says
           ,
           
             Habet
             Rex
             Curiam
             suam
             &
             Iusticiarios
             suos
             ,
             coram
             quibus
             ,
             &
             non
             alibi
             nisi
             coram
             semet
             ipso
             ,
          
           &c.
           
             falsa
             Iudicia
             &
             Errores
             revertuntur
             &
             Corriguntur
             .
          
           The
           King
           then
           (
           as
           Britton
           says
           )
           having
           Supream
           Jurisdiction
           in
           his
           Realm
           ,
           to
           judge
           in
           all
           Causes
           whatsoever
           ;
           therefore
           it
           is
           ,
           that
           
             Erroneous
             Iudgments
          
           were
           brought
           to
           him
           out
           of
           Ireland
           .
           But
           this
           does
           not
           argue
           that
           Ireland
           is
           therefore
           
             Subordinate
             to
             England
          
           ;
           for
           the
           People
           of
           Ireland
           are
           the
           Subjects
           of
           the
           King
           to
           whom
           they
           Appeal
           .
           And
           't
           is
           not
           from
           the
           Country
           where
           the
           Court
           is
           held
           ,
           but
           from
           the
           Presence
           and
           Authority
           of
           the
           King
           (
           to
           whom
           the
           People
           of
           Ireland
           have
           as
           good
           a
           Title
           as
           the
           People
           of
           England
           )
           that
           the
           
             Praeeminence
             of
             the
             Iurisdiction
          
           does
           flow
           ,
           And
           I
           question
           not
           ,
           but
           in
           former
           times
           ,
           when
           these
           Courts
           were
           first
           Erected
           ,
           and
           when
           the
           King
           Exerted
           a
           greater
           Power
           in
           Judicature
           than
           he
           does
           now
           ,
           and
           he
           used
           to
           sit
           in
           his
           own
           Court
           ,
           that
           if
           he
           had
           Travell'd
           into
           Ireland
           ,
           and
           the
           Court
           had
           follow'd
           
           him
           thither
           ;
           Erroncous
           Judgments
           might
           have
           been
           removed
           
             from
             England
          
           before
           him
           
             into
             his
             Court
             in
             Ireland
          
           ;
           for
           so
           certainly
           it
           must
           be
           ,
           since
           the
           Court
           Travell'd
           with
           the
           King.
           From
           hence
           it
           appears
           ,
           that
           all
           the
           Jurisdiction
           ,
           that
           the
           Kings
           Bench
           in
           England
           ,
           has
           over
           the
           Kings
           Bench
           in
           Ireland
           ,
           arises
           only
           from
           the
           
             Kings
             Presence
          
           in
           the
           former
           .
           And
           the
           same
           may
           be
           said
           of
           the
           Chancery
           in
           England
           ,
           if
           it
           will
           assume
           any
           Power
           to
           Controul
           the
           Chancery
           in
           Ireland
           ;
           because
           (
           as
           Lambard
           says
           ,
           p.
           69
           ,
           70.
           )
           The
           Chancery
           did
           follow
           the
           King
           ,
           as
           the
           Kings
           Bench
           did
           ;
           and
           that
           ,
           as
           he
           tells
           us
           out
           of
           the
           Lord
           Chief
           Justice
           Scroope
           ,
           the
           Chancery
           and
           the
           
             Kings
             Bench
          
           were
           once
           but
           one
           Place
           .
           But
           if
           this
           be
           the
           ground
           of
           the
           Jurisdiction
           of
           the
           Kings
           Bench
           in
           England
           over
           the
           Kings
           Bench
           in
           Ireland
           ,
           (
           as
           I
           am
           fully
           perswaded
           it
           is
           )
           the
           Parliament
           in
           England
           cannot
           from
           hence
           claim
           any
           Right
           of
           Jurisdiction
           in
           Ireland
           ,
           because
           they
           claim
           
             a
             Iurisdiction
             of
             their
             own
          
           ;
           and
           their
           Court
           is
           not
           the
           
             Kings
             Court
          
           ,
           in
           that
           proper
           and
           strict
           sence
           that
           the
           
             Kings
             Bench
          
           is
           .
        
         
         
           But
           granting
           that
           the
           Subordination
           of
           the
           
             Kings
             Bench
          
           in
           Ireland
           ,
           to
           the
           
             Kings
             ●…ch
          
           in
           England
           ,
           be
           rightly
           concluded
           from
           a
           
             Writ
             of
             Error
          
           out
           of
           the
           latter
           ,
           ●…ying
           on
           a
           Judgment
           in
           the
           former
           .
           I
           see
           no
           Reason
           from
           thence
           to
           conclude
           ,
           that
           therefore
           the
           Parliament
           of
           Ireland
           is
           Subordinate
           to
           the
           Parliament
           in
           England
           ,
           unless
           we
           make
           any
           
             one
             sort
          
           of
           Subordination
           ,
           or
           in
           any
           
             one
             part
          
           of
           Jurisdiction
           ,
           to
           be
           a
           Subordination
           in
           
             all
             Points
          
           ,
           and
           all
           parts
           of
           Jurisdiction
           .
           The
           Subjects
           of
           Ireland
           may
           Appeal
           to
           the
           King
           in
           his
           Bench
           in
           England
           ,
           for
           the
           Expounding
           of
           the
           Old
           common
           and
           Statute-Law
           of
           Ireland
           ;
           will
           it
           therefore
           follow
           that
           the
           Parliament
           of
           England
           shall
           make
           
             New
             Laws
          
           to
           bind
           the
           Subjects
           in
           Ireland
           ?
           I
           see
           no
           manner
           of
           Consequence
           in
           it
           ;
           unless
           we
           take
           
             Expounding
             Old
             Laws
          
           ,
           (
           or
           
             Laws
             already
             made
             )
             in
             the-Kings
             Bench
             ,
          
           and
           
             making
             New
             Laws
             in
             Parliament
          
           ,
           to
           be
           one
           and
           the
           
             same
             thing
          
           .
           I
           believe
           the
           best
           Logician
           in
           Europe
           will
           hardly
           make
           a
           Chain
           of
           Syllogisms
           ,
           that
           from
           such
           Premises
           ,
           
           will
           regularly
           induce
           such
           a
           Conclusion
           .
        
         
           To
           close
           this
           Point
           ,
           We
           find
           that
           a
           Judgment
           of
           the
           Kings
           Bench
           in
           Ireland
           ,
           may
           be
           Removed
           by
           a
           Writ
           of
           Error
           to
           the
           Parliament
           in
           Ireland
           :
           But
           the
           Judgment
           of
           the
           Parliament
           of
           Ireland
           was
           never
           question'd
           in
           the
           Parliament
           of
           England
           .
           This
           Appears
           from
           the
           
             Prior
             of
          
           Lanthony's
           Case
           aforegoing
           .
        
         
           I
           shall
           conclude
           this
           our
           Fifth
           Article
           with
           a
           memorable
           Passage
           
           out
           of
           our
           Irish
           Statutes
           ,
           which
           seems
           to
           strengthen
           what
           we
           have
           delivered
           on
           the
           Business
           of
           a
           
             Writ
             of
             Error
          
           ,
           as
           well
           as
           the
           chief
           Doctrine
           I
           drive
           at
           ;
           and
           that
           is
           28
           H.
           VIII
           .
           Chap.
           19.
           
           
             The
             Act
             of
             Faculties
          
           .
           This
           Statute
           is
           a
           Recital
           at
           large
           of
           the
           English
           Act
           of
           the
           25
           Hen.
           VIII
           .
           c.
           21.
           
           In
           the
           Preamble
           of
           which
           English
           Act
           't
           is
           Declared
           ,
           
             That
             this
             Your
             Graces
             Realm
             Recognizing
             no
             Superiour
             but
             Your
             Grace
             ,
             hath
             been
             and
             yet
             is
             free
             from
             any
             Subjection
             to
             any
             Mans
             Laws
             ,
             but
             only
             such
             as
             have
             been
             Devised
             within
          
           
           
             this
             Realm
             ;
             for
             the
             Wealth
             of
             the
             same
             ,
             or
             to
             such
             others
             ,
             as
             by
             Sufferance
             of
             Your
             Grace
             and
             Your
             Progenitors
             ,
             the
             People
             of
             the
             Realm
             have
             taken
             at
             their
             Free
             Liberties
             by
             their
             own
             Consent
             ;
             and
             have
             bound
             themselves
             by
             long
             Use
             and
             Custom
             to
             the
             Observance
             of
             ,
          
           &c.
           
        
         
           This
           Declaration
           ,
           with
           the
           other
           Clauses
           of
           the
           said
           English
           Act
           ,
           is
           verbatim
           recited
           in
           the
           Irish
           
             Act
             of
             Faculties
          
           ;
           and
           in
           the
           said
           Irish
           Act
           it
           is
           Enacted
           ,
           
             That
             the
             said
             English
             Act
             ,
             and
             every
             thing
             and
             things
             therein
             contained
             ,
             shall
             be
             Established
             ,
             Affirmed
             ,
             Taken
             ,
             Obey'd
             and
             Accepted
             within
             this
             Land
             of
             Ireland
             as
             a
             good
             and
             perfect
             Law
             ,
             and
             shall
             be
             within
             the
             said
             Land
             of
             the
             same
             Force
             ,
             Effect
             ,
             Quality
             ,
             Condition
             ,
             Strength
             and
             Vertue
             ,
             to
             all
             Purposes
             and
             Intents
             ,
             as
             it
             is
             within
             the
             Realm
             of
          
           England
           ;
           (
           if
           so
           ,
           then
           the
           said
           Clause
           declares
           our
           Right
           of
           being
           bound
           only
           by
           Laws
           to
           which
           we
           Consent
           ,
           as
           it
           does
           the
           
             Right
             of
             the
             People
             of
          
           England
           )
           
             And
             that
             all
             Subjects
             within
             the
             said
             Land
             of
          
           Ireland
           ,
           
             shall
             enjoy
             the
             Profit
             and
             Commodity
             thereof
             ,
             in
             like
             manner
          
           
           
             as
             the
             Kings
             Subjects
             of
             the
             Realm
             of
          
           England
           .
        
         
           I
           am
           now
           Arrived
           at
           our
           Sixth
           and
           Last
           Article
           Proposed
           ,
           viz.
           The
           
           
             Reasons
             and
             Arguments
             that
             may
             be
             be
             farther
             Offered
             on
             one
             side
             and
             t'other
             in
             this
             Debate
             .
          
        
         
           I
           have
           before
           taken
           notice
           of
           the
           
           Title
           England
           pretends
           over
           us
           from
           Conquest
           :
           I
           have
           likewise
           enquired
           into
           the
           Precedents
           on
           one
           side
           and
           t'other
           ,
           from
           
             Acts
             of
             Parliament
          
           ,
           from
           Records
           ,
           and
           from
           Reports
           of
           the
           Learned
           in
           the
           Laws
           .
           There
           remains
           another
           Pretence
           or
           two
           for
           this
           Subordination
           ,
           to
           be
           Considered
           ;
           and
           one
           is
           founded
           on
           Purchase
           .
        
         
           'T
           is
           said
           ,
           That
           vast
           Quantity
           of
           Treasure
           ,
           that
           from
           time
           to
           time
           has
           been
           spent
           by
           England
           in
           Reducing
           the
           Rebellions
           and
           carrying
           on
           the
           Wars
           of
           Ireland
           ,
           has
           given
           them
           a
           just
           Title
           at
           least
           to
           the
           Lands
           and
           Inheritances
           of
           the
           Rebels
           ,
           and
           to
           the
           absolute
           Disposal
           thereof
           in
           their
           Parliament
           ;
           And
           as
           particular
           Examples
           of
           this
           ,
           
           we
           are
           told
           of
           the
           great
           Sums
           Advanced
           by
           England
           for
           suppressing
           the
           Rebellion
           of
           the
           Irish
           Papists
           in
           41.
           and
           Opposing
           the
           late
           Rebellion
           since
           King
           
           WILLIAM's
           Accession
           to
           the
           Throne
           .
        
         
           To
           this
           I
           Answer
           ,
           That
           in
           a
           War
           there
           is
           all
           Reason
           imaginable
           that
           the
           Estates
           of
           the
           Unjust
           Opposers
           should
           go
           to
           repair
           the
           the
           Damage
           that
           is
           done
           .
           This
           I
           have
           briefly
           hinted
           before
           .
           But
           if
           we
           consider
           the
           Wars
           of
           Ireland
           ,
           we
           shall
           perceive
           they
           do
           not
           resemble
           the
           common
           Case
           of
           Wars
           between
           two
           Foreign
           Enemies
           ;
           Ours
           are
           rather
           Rebellions
           ,
           or
           
             Intestine
             Commotions
          
           ;
           that
           is
           ,
           The
           
             Irish
             Papists
          
           rising
           against
           the
           King
           and
           Protestants
           of
           Ireland
           ;
           and
           then
           't
           is
           plain
           ,
           that
           if
           these
           Latter
           ,
           by
           the
           Assistance
           of
           their
           Brethren
           of
           England
           ,
           and
           their
           Purse
           ,
           do
           prove
           Victorious
           ,
           the
           People
           of
           England
           ought
           to
           be
           fully
           Repaid
           ▪
           But
           then
           the
           manner
           of
           their
           Payment
           ,
           and
           in
           what
           way
           it
           shall
           be
           Levied
           ,
           ought
           to
           be
           left
           to
           the
           People
           of
           Ireland
           in
           Parliament
           Assembled
           :
           And
           so
           it
           was
           after
           
           the
           Rebellion
           of
           41.
           
           The
           Adventurers
           then
           were
           at
           vast
           Charges
           ,
           and
           there
           were
           several
           Acts
           of
           Parliament
           in
           England
           made
           for
           their
           Re-imbursing
           ,
           by
           disposing
           to
           them
           the
           Rebels
           Lands
           .
           But
           after
           all
           ,
           it
           was
           thought
           Reasonable
           that
           the
           Parliament
           of
           Ireland
           should
           do
           this
           in
           their
           own
           way
           ;
           and
           therefore
           the
           
             Acts
             of
             Settlement
          
           and
           Explanation
           ,
           made
           all
           the
           former
           English
           Acts
           of
           
             No
             Force
          
           ;
           or
           at
           least
           did
           very
           much
           Alter
           them
           in
           many
           Particulars
           ,
           as
           we
           have
           Noted
           before
           .
           In
           like
           manner
           we
           allow
           that
           England
           ought
           to
           be
           repaid
           all
           their
           Expences
           in
           supressing
           this
           late
           Rebellion
           :
           All
           we
           defire
           is
           ,
           That
           ,
           in
           Preservation
           of
           our
           own
           Rights
           and
           Liberties
           ,
           we
           may
           do
           it
           in
           our
           own
           Methods
           regularly
           in
           our
           own
           Parliament
           :
           And
           if
           the
           Re-imbursement
           be
           all
           that
           England
           stands
           upon
           ,
           what
           availeth
           it
           whether
           it
           be
           done
           this
           way
           or
           that
           way
           ,
           so
           it
           be
           done
           ?
           We
           have
           an
           Example
           of
           this
           in
           Point
           between
           England
           and
           Holland
           in
           the
           Glorious
           Revolution
           under
           His
           Present
           Majesty
           :
           Holland
           in
           Assisting
           England
           Expended
           600000
           
           Pounds
           ,
           and
           the
           English
           Parliament
           fairly
           repay'd
           them
           :
           It
           would
           have
           look'd
           oddly
           for
           Holland
           to
           have
           insisted
           on
           Disposing
           of
           Lord
           Powis's
           and
           other
           Estates
           ,
           by
           their
           own
           Laws
           ,
           to
           re-imburse
           themselves
           .
        
         
           'T
           is
           an
           Ungenerous
           thing
           to
           villifie
           good
           Offices
           ,
           I
           am
           far
           from
           doing
           it
           ,
           but
           with
           all
           possible
           Gratitude
           Acknowledge
           the
           Mighty
           Benefits
           Ireland
           has
           often
           receiv'd
           from
           England
           ,
           in
           helping
           to
           suppress
           the
           Rebellions
           of
           this
           Coun●…ry
           ;
           To
           
           England's
           Charitable
           Assistance
           our
           Lives
           and
           Fortunes
           are
           owing
           :
           But
           with
           all
           humble
           Submission
           ,
           I
           desire
           it
           may
           be
           considered
           ,
           whether
           England
           did
           not
           at
           ●…he
           same
           time
           propose
           the
           
             Prevention
             of
             their
             own
             Danger
          
           ,
           that
           would
           necessarily
           have
           attended
           our
           Ruine
           ;
           if
           so
           ,
           't
           was
           in
           some
           measure
           their
           
             own
             Battels
          
           they
           fought
           ,
           when
           they
           fought
           for
           Ireland
           ;
           and
           a
           great
           part
           of
           their
           Expence
           must
           be
           reckon'd
           in
           their
           
             own
             Defence
          
           .
        
         
           Another
           thing
           alledged
           against
           Ireland
           is
           this
           :
           If
           a
           Foreign
           Nation
           ,
           
           as
           France
           or
           Spain
           for
           instance
           ,
           
           prove
           prejudicial
           to
           England
           ,
           in
           its
           Trade
           ,
           or
           any
           other
           way
           ;
           England
           ,
           if
           it
           be
           stronger
           ,
           redresses
           it self
           by
           Force
           of
           Arms
           ,
           or
           Denouncing
           War
           ;
           and
           why
           may
           not
           England
           ,
           if
           Ireland
           lies
           cross
           their
           Interests
           ,
           restrain
           Ireland
           ,
           and
           bind
           it
           by
           Laws
           ,
           and
           maintain
           these
           Laws
           by
           Force
           ?
        
         
           To
           this
           I
           answer
           :
           First
           ,
           That
           it
           will
           hardly
           be
           instanced
           ,
           that
           any
           Nation
           ever
           Declared
           War
           with
           another
           ,
           meerly
           for
           over-topping
           them
           in
           some
           signal
           Advantage
           ,
           which
           otherwise
           ,
           or
           but
           for
           their
           Endeavours
           ,
           they
           might
           have
           reaped
           .
           War
           only
           is
           Justifiable
           for
           Injustice
           done
           ,
           or
           Violence
           offer'd
           ,
           or
           Rights
           detain'd
           .
           I
           cannot
           by
           the
           Law
           of
           Nations
           ,
           quarrel
           with
           a
           Man
           ,
           because
           he
           ,
           going
           before
           me
           in
           the
           Road
           ,
           finds
           a
           Piece
           of
           Gold
           ,
           which
           possibly
           ,
           if
           he
           had
           not
           taken
           it
           up
           ,
           I
           might
           have
           light
           upon
           and
           gotten
           .
           'T
           is
           true
           ,
           we
           often
           see
           Wars
           commenced
           on
           this
           Account
           under-hand
           ,
           and
           on
           Emulation
           in
           Trade
           and
           Riches
           ;
           but
           then
           this
           is
           never
           made
           the
           
             Open
             Pretence
          
           ,
           
           some
           other
           Colour
           it
           must
           receive
           ,
           or
           else
           it
           would
           not
           look
           fair
           ;
           which
           shews
           plainly
           ,
           that
           this
           Pretence
           of
           
             being
             Prejudicial
          
           ,
           or
           of
           reaping
           Advantages
           which
           otherwise
           you
           might
           partake
           of
           ,
           is
           not
           Iustifiable
           in
           it self
           .
           But
           granting
           that
           it
           were
           a
           good
           Justification
           of
           a
           War
           with
           a
           Foreign
           Nation
           ,
           it
           will
           make
           nothing
           in
           the
           Case
           between
           England
           and
           Ireland
           ;
           for
           if
           it
           did
           ,
           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
           :
           We
           are
           all
           the
           same
           Kings
           Subjects
           ,
           the
           Children
           of
           one
           
             Common
             Parent
          
           ;
           and
           tho'
           we
           may
           have
           our
           Distinct
           Rights
           and
           Inheritances
           absolutely
           within
           our selves
           ;
           yet
           we
           ought
           not
           ,
           when
           these
           do
           chance
           a
           little
           to
           interfere
           to
           the
           prejudice
           of
           one
           or
           t'other
           side
           ,
           immediately
           to
           treat
           one
           another
           as
           Enemies
           ;
           fair
           Amicable
           Propositions
           should
           be
           proposed
           ,
           and
           when
           these
           are
           not
           hearkened
           to
           ,
           then
           't
           is
           time
           enough
           to
           be
           at
           Enmity
           ,
           and
           use
           Force
           .
        
         
         
           The
           last
           thing
           I
           shall
           take
           Notice
           
           of
           ,
           that
           some
           raise
           against
           us
           ,
           is
           ,
           That
           Ireland
           is
           to
           be
           look'd
           upon
           only
           as
           a
           Colony
           from
           England
           :
           And
           therefore
           as
           the
           
             Roman
             Colonies
          
           were
           subject
           to
           ,
           and
           bound
           by
           ,
           the
           Laws
           made
           by
           the
           Senate
           at
           Rome
           ;
           so
           ought
           Ireland
           by
           those
           made
           by
           the
           
             Great
             Council
          
           at
           Westminster
           .
           Of
           all
           the
           Objections
           raised
           against
           us
           ,
           I
           take
           this
           to
           be
           the
           most
           Extravagant
           ;
           it
           seems
           not
           to
           have
           the
           least
           Foundation
           or
           Colour
           from
           Reason
           or
           Record
           :
           Does
           it
           not
           manifestly
           appear
           by
           the
           Constitution
           of
           Ireland
           ,
           that
           't
           is
           a
           
             Compleat
             Kingdom
          
           within
           it self
           ?
           Do
           not
           the
           Kings
           of
           England
           bear
           the
           
             Stile
             of
             Ireland
          
           amongst
           the
           rest
           of
           their
           Kingdoms
           ?
           Is
           this
           Agreeable
           to
           the
           nature
           of
           a
           Colony
           ?
           Do
           they
           use
           the
           Title
           of
           Kings
           of
           
             Virginia
             ,
             New-England
          
           ,
           or
           Mary-Land
           ?
           Was
           not
           Ireland
           given
           by
           Henry
           the
           Second
           in
           a
           Parliament
           at
           Oxford
           to
           his
           Son
           Iohn
           ,
           and
           made
           thereby
           an
           
             Absolute
             Kingdom
             ,
             separate
          
           and
           wholly
           Independent
           on
           England
           ,
           till
           they
           both
           came
           United
           again
           in
           him
           ,
           after
           the
           
           Death
           of
           his
           Brother
           Richard
           without
           Issue
           ?
           Have
           not
           multitudes
           of
           Acts
           of
           Parliament
           both
           in
           England
           and
           Ireland
           ,
           declared
           
             Ireland
             a
             Compleat
             Kingdom
          
           ?
           Is
           not
           Ireland
           stiled
           in
           them
           All
           ,
           the
           Kingdom
           ,
           or
           Realm
           of
           Ireland
           ?
           Do
           these
           Names
           agree
           to
           a
           Colony
           ?
           Have
           we
           not
           a
           Parliament
           ,
           and
           Courts
           of
           Judicature
           ?
           Do
           these
           things
           agree
           with
           a
           Colony
           ?
           This
           on
           all
           hands
           involves
           so
           many
           Absurdities
           ,
           that
           I
           think
           it
           deserves
           nothing
           more
           of
           our
           Consideration
           .
        
         
           These
           being
           the
           only
           remaining
           Arguments
           that
           are
           sometimes
           mention'd
           
             Against
             us
          
           ,
           I
           now
           proceed
           to
           offer
           what
           I
           humbly
           conceive
           Demonstrates
           the
           Justice
           of
           our
           Cause
           .
        
         
           And
           herein
           I
           must
           beg
           the
           Reader
           's
           Patience
           ,
           if
           now
           and
           then
           I
           am
           forced
           lightly
           to
           touch
           upon
           some
           Particulars
           foregoing
           .
           I
           shall
           Endeavour
           all
           I
           can
           to
           avoid
           prolix
           Repetitions
           ;
           but
           my
           Subject
           requires
           that
           sometimes
           I
           just
           mention
           ,
           or
           refer
           to
           ,
           several
           Notes
           before
           delivered
           .
        
         
         
           First
           therefore
           ,
           I
           say
           ,
           That
           Ireland
           
             should
             be
             Bound
             by
             Acts
             of
             Parliament
             made
             in
          
           England
           ,
           
             is
             against
             Reason
             ,
             and
             the
             Common
             Rights
             of
             all
             Mankind
             .
          
        
         
           All
           Men
           are
           by
           Nature
           in
           a
           state
           
           of
           Equality
           ,
           in
           respect
           of
           Jurisdiction
           or
           Dominion
           :
           This
           I
           take
           to
           be
           a
           Principle
           in
           it self
           so
           evident
           ,
           that
           it
           stands
           in
           need
           of
           little
           Proof
           .
           'T
           is
           not
           to
           be
           conceiv'd
           ,
           that
           Creatures
           of
           the
           same
           Species
           and
           Rank
           ,
           promiscuously
           born
           to
           all
           the
           same
           Advantages
           of
           Nature
           ,
           and
           the
           use
           of
           the
           same
           Faculties
           ,
           should
           be
           Subordinate
           and
           Subject
           one
           to
           another
           ;
           These
           to
           this
           or
           that
           of
           the
           same
           Kind
           .
           On
           this
           Equality
           in
           Nature
           is
           founded
           that
           Right
           which
           all
           Men
           claim
           ,
           of
           being
           free
           from
           all
           Subjection
           to
           Positive
           Laws
           ,
           till
           by
           their
           own
           Consent
           they
           give
           up
           their
           Freedom
           ,
           by
           entring
           into
           Civil
           Societies
           for
           the
           common
           Benefit
           of
           all
           the
           Members
           thereof
           .
           And
           on
           this
           Consent
           
           depends
           the
           Obligation
           of
           all
           
             Humane
             Laws
          
           ;
           insomuch
           that
           without
           it
           ,
           by
           the
           Unanimous
           Opinion
           of
           
           all
           Iurists
           ,
           no
           Sanctions
           are
           of
           any
           Force
           .
           For
           this
           let
           us
           Appeal
           ,
           amongst
           many
           ,
           only
           to
           the
           Iudicious
           Mr.
           
           Hooker's
           
             Eccles.
             Polity
          
           ,
           Book
           1.
           
           Sec.
           10.
           
           Lond.
           Ed
           it
           .
           1676.
           
           Thus
           He.
           
        
         
           
             Howbeit
             ,
             Laws
             do
             not
             take
             their
             Constraining
             force
             from
             the
             Quality
             of
             such
             as
             Devise
             them
             ,
             but
             from
             that
             Power
             which
             doth
             give
             them
             the
             strength
             of
             Laws
             .
             That
             which
             we
             spake
             before
             ,
             concerning
             the
             Power
             of
             Government
             ,
             must
             here
             be
             applied
             to
             the
             Power
             of
             making
             Laws
             whereby
             to
             Govern
             ,
             which
             Power
             God
             hath
             over
             All
             ;
             and
             by
             the
             Natural
             Law
             ,
             whereunto
             he
             hath
             made
             all
             subject
             ,
             the
             Lawful
             Power
             of
             making
             Laws
             ,
             to
             command
             whole
             Politick
             Societies
             of
             Men
             ,
             belongeth
             so
             properly
             unto
             the
             same
             entire
             Societies
             ,
             that
             for
             any
             Prince
             or
             Potentate
             ,
             of
             what
             kind
             soever
             upon
             Earth
             ,
             to
             exercise
             the
             same
             of
             himself
             ,
          
           and
           not
           either
           by
           express
           Commission
           
             immediately
             and
             personally
             receiv'd
             from
             God
             ,
          
           or
           else
           by
           Authority
           derived
           at
           the
           first
           from
           their
           Consent
           ,
           upon
           whose
           Persons
           they
           impose
           Laws
           ,
           
             it
             is
             no
             better
             than
             meer
             Tyranny
             .
             Laws
             they
             are
             not
             therefore
             ,
             which
          
           Publick
           Approbation
           
           
             hath
             not
             made
             so
          
           :
           But
           Approbation
           not
           only
           they
           Give
           ,
           who
           Personally
           declare
           their
           
             Assent
             by
             Voice
             ,
             Sign
             ,
             or
             Act
             ;
             but
             also
             when
             others
             do
             it
             in
             their
             Names
             ,
          
           by
           Right
           Originally
           ,
           at
           the
           least
           ,
           derived
           from
           them
           :
           
             As
             in
             Parliaments
             ,
             Councils
          
           ,
           &c.
           
        
         
           Again
           ,
           
             Sith
             Men
             Naturally
             have
             no
             full
             and
             perfect
             Power
             to
             command
             whole
             Politick
             Multitudes
             of
             Men
             ;
             therefore
             utterly
             without
             our
             Consent
             ,
             we
             could
             in
             such
             sort
             be
             at
             no
             Mans
             Commandment
             living
             .
             And
             to
             be
             commanded
             we
             do
             consent
             ,
             when
             that
             Society
             whereof
             we
             are
             part
             ,
             hath
             at
             any
             time
             before
             consented
             ,
             without
             revoking
             the
             same
             after
             by
             the
             like
             Universal
             Agreement
             .
             Wherefore
             as
             any
             Mans
             Deed
             past
             is
             good
             ,
             as
             long
             as
             himself
             continueth
             ,
             so
             the
             Act
             of
             a
             Publick
             Society
             of
             Men
             ,
             done
             five
             hundred
             years
             sithence
             ,
             standeth
             as
             theirs
             who
             presently
             are
             of
             the
             same
             Societies
             ,
             because
             Corporations
             are
             Immortal
             ;
             we
             were
             then
             alive
             in
             our
             Predecessors
             ,
             and
             they
             in
             their
             Successors
             do
             still
             live
             .
             Laws
             therefore
             Humane
             of
             what
             kind
             soever
             ,
             are
             available
             by
             Consent
             ,
          
           &c.
           
        
         
         
           And
           again
           ,
           
             But
             what
             matter
             the
             Law
             of
             Nations
             doth
             contain
             ,
             I
             omit
             to
             search
             ;
             the
             strength
             and
             vertue
             of
             that
             Law
             is
             such
             ,
             that
             no
             particular
             Nation
             can
             lawfully
             prejudice
             the
             same
             by
             any
             their
             several
             Laws
             and
             Ordinances
             ,
             more
             then
             a
             Man
             by
             his
             Private
             Resolutions
             the
             Law
             of
             the
             whole
             Commonwealth
             or
             State
             wherein
             he
             liveth
             ;
             for
             as
             Civil
             Law
             being
             the
             Act
             of
             a
             whole
             Body
             Politick
             ,
             doth
             therefore
             over-rule
             each
             Civil
             part
             of
             the
             same
             Body
             ;
             so
             there
             is
             no
             Reason
             that
             any
             one
             Commonwealth
             of
             it self
             ,
             should
             to
             the
             Prejudice
             of
             another
             ,
             annihilate
             that
             whereupon
             the
             whole
             World
             hath
             Agreed
             .
          
        
         
           To
           the
           same
           purpose
           may
           we
           find
           the
           Universal
           Agreement
           of
           all
           Civilians
           ,
           
             Grotius
             ,
             Puffendorf
          
           ,
           Lock
           's
           
             Treat
             .
             Government
          
           ,
           &c.
           
        
         
           No
           one
           or
           more
           Men
           ,
           can
           by
           Nature
           challenge
           any
           
             Right
             ,
             Liberty
          
           or
           Freedom
           ,
           or
           any
           Ease
           in
           his
           
             Property
             ,
             Estate
          
           or
           Conscience
           ,
           which
           all
           other
           Men
           have
           not
           an
           
             Equally
             Iust
             Claim
             to
          
           .
           Is
           England
           a
           Free
           People
           ?
           So
           ought
           France
           to
           be
           .
           Is
           Poland
           so
           ?
           Turky
           likewise
           ,
           and
           all
           
           the
           
             Eastern
             Dominions
             ,
             ought
          
           to
           be
           so
           :
           And
           the
           same
           runs
           throughout
           the
           whole
           
             Race
             of
             Mankind
          
           .
        
         
           Secondly
           ,
           'T
           is
           against
           the
           Common
           
           Laws
           of
           England
           ,
           which
           are
           of
           Force
           both
           in
           England
           and
           Ireland
           ,
           by
           the
           
             Original
             Compact
          
           before
           hinted
           .
           It
           is
           Declared
           by
           both
           Houses
           of
           the
           Parliament
           of
           England
           ,
           1
           Iac.
           cap.
           1.
           
           
             That
             in
             the
             High
             Court
             of
             Parliament
             ,
             all
             the
             whole
             Body
             of
             the
             Realm
             ,
             and
             every
             particular
             Member
             thereof
             ,
             either
             in
             Person
             ,
             or
             by
             Representation
             (
             upon
             their
             own
             Free
             Elections
             )
             are
          
           by
           the
           Laws
           of
           this
           Realm
           
             deem'd
             to
             be
             Personally
             present
          
           .
           Is
           this
           then
           the
           common
           Law
           of
           England
           ,
           and
           the
           Birth-right
           of
           every
           Free-born
           English
           Subject
           ?
           And
           shall
           we
           of
           this
           Kingdom
           be
           deny'd
           it
           ,
           by
           having
           Laws
           imposed
           on
           us
           ,
           where
           we
           are
           neither
           Personally
           ,
           nor
           Representatively
           present
           ?
           My
           Lord
           Cooke
           in
           his
           4th
           Inst.
           cap.
           1.
           saith
           ,
           That
           
             all
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             all
             the
             Commons
             of
             the
             whole
             Realm
             ,
             ought
          
           ex
           Debito
           Justiciae
           
             to
             be
             Summon'd
             to
             Parliament
             ,
             and
             none
             of
             them
             ought
             to
             be
             Omitted
             .
          
           Hence
           
           it
           is
           call'd
           
             Generale
             Concilium
          
           in
           the
           Stat.
           of
           Westminst
           .
           1.
           and
           
             Commune
             Concilium
          
           ,
           because
           it
           is
           to
           comprehend
           all
           Persons
           and
           Estates
           in
           the
           whole
           Kingdom
           .
           And
           this
           is
           the
           very
           Reason
           given
           in
           the
           Case
           of
           the
           
             Merchants
             of
             Waterford
          
           foregoing
           ,
           why
           Statutes
           made
           in
           England
           ,
           should
           not
           bind
           them
           in
           
             Ireland
             ,
             Quia
             non
             habent
             Milites
             hic
             in
             Parliamento
          
           ;
           Because
           they
           have
           no
           Representatives
           in
           the
           Parliament
           of
           England
           .
           My
           Lord
           Hobbard
           in
           the
           Case
           of
           Savage
           and
           Day
           ,
           pronounced
           it
           for
           Law
           ,
           That
           whatever
           is
           against
           Natural
           Equity
           and
           Reason
           ,
           is
           against
           Law
           ;
           Nay
           ,
           if
           an
           Act
           of
           Parliament
           were
           made
           against
           Natural
           Equity
           and
           Reason
           ,
           that
           Act
           was
           void
           .
           Whether
           it
           be
           not
           against
           Equity
           and
           Reason
           ,
           that
           a
           Kingdom
           regulated
           within
           it self
           ,
           and
           having
           its
           own
           Parliament
           ,
           should
           be
           Bound
           
             without
             their
             Consent
          
           ,
           by
           the
           Parliament
           of
           another
           Kingdom
           ,
           I
           leave
           the
           Reader
           to
           consider
           .
           My
           Lord
           Cooke
           likewise
           in
           the
           first
           Part
           of
           his
           Institutes
           ,
           fol.
           97.
           b.
           saith
           ,
           
             Nihil
             quod
             est
             contra
             Rationem
             est
             Licitum
             .
          
           And
           in
           the
           old
           
             Modus
             Tenendi
             Parliamenta
          
           of
           
           England
           ,
           said
           to
           be
           writ
           about
           
             Edward
             the
          
           Confessor's
           time
           ,
           and
           to
           have
           been
           Confirmed
           and
           Approved
           by
           
             William
             the
             Conqueror
          
           :
           It
           is
           expresly
           declared
           ,
           That
           all
           the
           
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             the
             Knights
             ,
             Citizens
             ,
             and
             Burgesses
             ought
             to
             be
          
           summoned
           to
           Parliament
           .
           The
           very
           same
           is
           in
           the
           Modus
           sent
           into
           Ireland
           by
           Henry
           the
           2d
           .
           And
           in
           
             King
             Iohn's
             Great
             Charter
          
           dated
           17.
           
           Iohannis
           ,
           't
           is
           granted
           in
           these
           words
           ,
           
             Et
             ad
             habend
             .
             Commune
             Concilium
             Regni
             de
             Auxiliis
             &
             Scutagiis
             Assidendis
             ,
             Submoneri
             faciemus
             Ar●…hiepiscopos
             ,
             Episcopos
             ,
             Abbates
             ,
             Comites
             ,
             &
             Majores
             Barones
             ,
             Regni
             Sigillatim
             per
             Literas
             Nostras
             ,
             &
             faciemus
          
           submoneri
           in
           generali
           per
           Vicecomites
           omnes
           alios
           ,
           &c.
           
           
             Math.
             Paris
             ad
             An.
          
           17.
           
           Iohann
           .
           All
           are
           to
           be
           Summoned
           to
           Parliament
           ,
           the
           Nobility
           by
           special
           Writts
           ;
           the
           Commons
           by
           general
           Writts
           to
           the
           Sheriffs
           .
           And
           is
           this
           the
           
             Common
             Law
          
           of
           England
           ?
           Is
           this
           part
           of
           those
           
             Liberae
             Consuetudines
          
           ,
           that
           were
           contained
           in
           the
           Great
           Charter
           of
           the
           Liberties
           of
           the
           People
           of
           England
           ;
           And
           were
           so
           solemnly
           granted
           by
           Henry
           II.
           
           King
           Iohn
           ,
           and
           Henry
           the
           3d
           ,
           to
           the
           
             People
             of
             Ireland
          
           ,
           that
           they
           shou'd
           Enjoy
           and
           be
           Governd
           by
           ;
           and
           unto
           which
           they
           were
           Sworn
           to
           be
           Obedient
           ;
           And
           shall
           they
           be
           of
           Force
           
             only
             in
             England
          
           ,
           and
           not
           in
           Ireland
           ?
           Shall
           Ireland
           Receive
           these
           
             Charters
             of
             Liberties
          
           ,
           and
           be
           no
           Partakers
           of
           the
           Freedoms
           therein
           contained
           ?
           Or
           do
           these
           words
           signifie
           in
           
             England
             one
             thing
          
           ,
           and
           in
           
             Ireland
             no
             such
          
           thing
           ?
           This
           is
           so
           repugnant
           to
           all
           Natural
           Reason
           and
           Equity
           ,
           that
           I
           hope
           no
           Rational
           Man
           will
           Contest
           it
           :
           I
           am
           sure
           if
           it
           be
           so
           ,
           there
           's
           an
           end
           of
           all
           Speech
           amongst
           Men
           ;
           All
           Compacts
           ,
           Agreements
           ,
           and
           Societies
           ,
           are
           to
           no
           purpose
           .
        
         
           3.
           
           It
           is
           against
           the
           Statute
           Laws
           
           both
           of
           England
           ,
           and
           Ireland
           :
           this
           has
           been
           pretty
           fully
           disuss'd
           before
           ;
           however
           I
           shall
           here
           again
           take
           notice
           ,
           That
           a
           in
           the
           10.
           of
           Henry
           the
           4th
           it
           was
           Enacted
           in
           Ireland
           ,
           that
           Statutes
           made
           in
           England
           should
           not
           be
           of
           Force
           in
           Ireland
           ,
           unless
           they
           were
           Allowed
           and
           Published
           by
           the
           Parliament
           of
           Ireland
           .
           And
           the
           like
           Statute
           was
           made
           the
           29th
           
           of
           Henry
           the
           6th
           .
           And
           in
           the
           10th
           Year
           of
           Henry
           the
           7th
           .
           Chap.
           23
           Irish
           Statutes
           ,
           The
           Parliame●…
           which
           was
           held
           at
           Drogheda
           ,
           befor●…
           Sir
           
             Christopher
             Preston
          
           ,
           Deputy
           to
           
             Iaspar
             Duke
             of
             Bedford
          
           ,
           Lieut●…
           nant
           of
           Ireland
           ,
           was
           declared
           Void
           for
           this
           Reason
           amongst
           others
           
             That
             there
             was
             no
             General
             Summons
             of
             the
             said
             Parliament
             to
             all
             the
             Shires
             ,
             but
             only
             to
             Four.
          
           And
           if
           Acts
           of
           Parliament
           made
           in
           Irelan●…
           shall
           not
           Bind
           that
           People
           ,
           because
           some
           Counties
           were
           omitted
           :
           how
           much
           less
           shall
           either
           their
           Persons
           or
           Estates
           be
           Bound
           by
           those
           Acts
           
             made
             in
             England
          
           ,
           whereat
           no
           one
           County
           ,
           or
           Person
           of
           that
           Kingdom
           is
           present
           ?
           In
           the
           b
           25t●…
           of
           Edward
           the
           1st
           .
           Cap.
           6.
           
           It
           was
           Enacted
           by
           the
           Parliament
           of
           England
           in
           these
           Words
           ,
           
             Moreover
             from
             henceforth
             we
             shall
             take
             no
             manner
             of
             Aid
             ,
             Taxes
             ,
             or
             Prizes
             ,
             but
             by
             the
             Common
             Assent
             of
             the
             Realm
             .
          
           c
           And
           again
           in
           the
           
             Statute
             of
             Liber
             ties
          
           ,
           by
           the
           same
           King
           ,
           Cap.
           1.
           
           D●…
           Tallag
           .
           non
           Concedend
           .
           it
           is
           Enacted
           in
           these
           Words
           .
           
             No
             Tallage
             or
             Aid
             shall
             be
             Taken
             or
             Levy'd
             by
             Us
             ,
             or
             Our
             Heirs
             ,
             in
             Our
             Realm
             ,
             without
          
           
           
             the
             Good
             Will
             and
             Assent
             of
             Archbishops
             ,
             Bishops
             ,
             Earls
             ,
             Barons
             ,
             Knights
             ,
             Burgesses
             ,
             and
             other
             Freemen
             of
             the
             Land.
          
           The
           like
           Liberties
           are
           specially
           Confirm'd
           to
           the
           Clergy
           ,
           d
           the
           14th
           of
           Edward
           the
           3d.
           And
           were
           these
           Statutes
           ,
           and
           all
           other
           Statutes
           and
           Acts
           of
           the
           Parliament
           of
           England
           Ratified
           ,
           Confirmed
           ,
           and
           Adjudged
           by
           several
           Parliaments
           of
           Ireland
           to
           be
           of
           Force
           within
           this
           Realm
           :
           And
           shall
           the
           People
           of
           Ireland
           receive
           no
           Benefit
           by
           those
           Acts
           ?
           Are
           those
           Statutes
           of
           Force
           in
           England
           only
           ;
           And
           can
           they
           add
           no
           Immunity
           or
           Priviledge
           to
           the
           Kingdom
           of
           Ireland
           ,
           when
           they
           are
           received
           there
           ?
           Can
           the
           King
           and
           Parliament
           make
           Acts
           in
           England
           to
           Bind
           his
           Subjects
           of
           
             Ireland
             without
             their
             Consent
          
           ;
           And
           can
           he
           make
           no
           Acts
           in
           
             Ireland
             with
             their
             Consent
          
           ,
           whereby
           they
           may
           receive
           any
           Priviledge
           or
           Immunity
           ?
           This
           were
           to
           make
           the
           
             Parliaments
             of
             Ireland
             wholly
             Illusory
             ,
             and
             of
             no
             Effect
             .
          
           If
           this
           be
           Reasonable
           Doctrine
           ,
           To
           what
           end
           was
           
           Poyning's
           Law
           in
           Ireland
           ,
           e
           that
           makes
           all
           the
           Statutes
           of
           England
           before
           that
           ,
           in
           Force
           in
           this
           Kingdom
           ?
           
           This
           might
           as
           well
           have
           been
           done
           ,
           and
           again
           undone
           ,
           when
           they
           please
           ,
           by
           a
           single
           Act
           of
           the
           English
           ▪
           Parliament
           .
           But
           let
           us
           not
           make
           thus
           light
           of
           Constitutions
           of
           Kingdoms
           ,
           't
           is
           Dangerous
           to
           those
           who
           
             do
             it
          
           ,
           't
           is
           Grievous
           to
           those
           that
           
             suffer
             it
          
           .
        
         
           Moreover
           ,
           Had
           the
           King
           or
           his
           Council
           of
           England
           ,
           in
           the
           10th
           year
           of
           Hen.
           VII
           .
           in
           the
           least
           dreamt
           of
           this
           Doctrine
           ,
           to
           what
           end
           was
           all
           that
           strict
           Provision
           made
           by
           
           Poyning's
           Act
           ,
           Irish
           Stat.
           cap.
           4.
           
           That
           no
           Act
           of
           Parliament
           should
           pass
           in
           Ireland
           ,
           before
           it
           was
           first
           Certified
           by
           the
           Chief
           Governour
           and
           Privy
           Council
           here
           ,
           under
           the
           Broad
           Seal
           of
           this
           Kingdom
           ,
           to
           the
           King
           and
           his
           Privy
           Council
           in
           England
           ,
           and
           received
           their
           Approbation
           ,
           and
           by
           them
           be
           remitted
           hither
           under
           the
           Broad
           Seal
           of
           England
           ,
           here
           to
           be
           pass'd
           into
           a
           Law
           ?
           The
           design
           of
           this
           Act
           ,
           seems
           to
           be
           the
           Prevention
           of
           any
           thing
           passing
           in
           the
           Parliament
           of
           
             Ireland
             Surreptitiously
          
           ,
           to
           the
           Prejudice
           of
           the
           King
           ,
           or
           the
           
             English
             Interest
          
           of
           Ireland
           .
           But
           this
           was
           a
           
           needless
           Caution
           ,
           if
           the
           King
           ,
           and
           Parliament
           of
           England
           ,
           had
           Power
           at
           any
           time
           to
           revoke
           or
           annul
           any
           such
           Proceedings
           .
           Upon
           this
           Act
           of
           Poynings
           ,
           many
           and
           various
           Acts
           have
           pass'd
           in
           Ireland
           ,
           relating
           to
           the
           Explanation
           ,
           Suspension
           ,
           or
           farther
           Corroboration
           thereof
           ,
           in
           divers
           Parliaments
           ,
           both
           in
           Henry
           the
           Eighth's
           ,
           Phil.
           &
           
           Mary's
           ,
           and
           Q.
           Eliz.
           Reigns
           ;
           for
           which
           see
           the
           Irish
           Statutes
           .
           a
           All
           which
           shew
           that
           this
           Doctrine
           was
           hardly
           so
           much
           as
           
             Surmised
             in
             those
             Days
          
           ,
           however
           we
           come
           to
           have
           it
           raised
           in
           these
           
             Latter
             Times
          
           .
        
         
           Fourthly
           ,
           'T
           is
           against
           several
           
           
             Charters
             of
             Liberties
          
           Granted
           unto
           the
           Kingdom
           of
           Ireland
           :
           This
           likewise
           is
           clearly
           made
           out
           by
           what
           foregoes
           .
           I
           shall
           only
           add
           in
           this
           place
           ,
           That
           in
           the
           Patent-Roll
           of
           the
           17
           Rich.
           2.
           m.
           34.
           
             de
             Confirmatione
          
           ,
           There
           is
           a
           Confirmation
           of
           several
           Liberties
           and
           Immunities
           granted
           unto
           the
           Kingdom
           and
           People
           of
           Ireland
           by
           Edw.
           III.
           The
           Patent
           is
           somewhat
           long
           ,
           but
           so
           much
           as
           concerns
           this
           Particular
           ,
           I
           shall
           render
           verbatim
           ,
           as
           I
           have
           it
           
           Transcribed
           from
           the
           Roll
           by
           Sir
           
             William
             Do●…vile
          
           ,
           Attorny
           General
           in
           Ireland
           during
           the
           whole
           Reign
           of
           King
           Charles
           II.
           
             Rex
             omnibus
             ,
             &c.
             
             Salutem
             :
             Inspeximus
             Literas
             Patentes
             Domini
             Edwardi
             nuper
             Regis
             Angliae
             ,
             Avi
             nostri
             fact
             .
             in
             haec
             verba
             :
          
           Edwardus
           
             Dei
             Gra.
             Rex
             Angliae
             &
             Franciae
             ,
             &
             Dominus
             Hiberniae
             ,
             Archiepiscopis
             ,
             Episcopis
             ,
             Abbatibus
             ,
             Prioribus
             ,
             Ministris
             nostris
             tam
             Majoribus
             quam
             Minoribus
             ,
             &
             quibuscunque
             aliis
             de
             Terra
             nostra
             Hiberniae
             fidelibus
             nostris
             ad
             quos
             Praesentes
             Literae
             pervenerint
             ,
             Salutem
             :
             Quia
             ,
             &c.
             Nos
             haec
             quae
             sequuntur
             Ordinanda
             Duximus
             &
             firmiter
             observanda
             ,
             &c.
             
             Imprimis
             ,
             vizt
             .
             Volumus
             &
             Praecipimus
             quod
             Sancta
             Hibernicana
             Ecclesia
             suas
             Libertates
             &
             Liberas
             Consuetudines
             illesas
             habeat
             ,
             &
             eis
             Libere
             gaudeat
             &
             Utatur
             .
             Item
             volumus
             &
             praecipimus
             quod
             nostra
             &
             ipsius
             Terrae
             Negotia
             presertim
             Majora
             &
             Ardua
             in
             Consiliis
             per
             Peritos
             Consiliaros
             nostros
             ac
             Praelatos
             &
             Magnates
             &
             quosdam
             de
             Discretioribus
             &
             Probioribus
             Hominibus
             de
             partibus
             vicinis
             ubi
             ipsa
             Concilia
             teneri
             Contigerit
             propter
             hoc
             evocandos
             ,
             in
             Parliamentis
             vero
             per
             ipsos
             Conciliaros
          
           
           
             nostros
             ac
             Praelatos
             &
             Proceres
             aliosque
             de
             terra
             predicta
             prout
             Mos
             Exegit
             secundum
             Iusticiam
             Legem
             Consuetudinem
             &
             Rationem
             tractentur
             deducantur
             &
             fideliter
             timore
             favore
             odio
             aut
             praetio
             post
             positis
             discutiantur
             ac
             etiam
             terminentur
             ,
             &c.
             
             In
             Cujus
             Rei
             Testimonium
             has
             Literas
             nostras
             fieri
             fecimus
             Patentes
             Teste
             meipso
             Apud
             Westminst
             .
          
           25
           
             die
             Octob.
             Anno
             Regni
             nostris
             Angliae
          
           31
           ,
           
             Regni
             vero
             Franciae
          
           18.
           
           
             Nos
             autem
             Ordinationes
             Voluntates
             &
             Praecepta
             Praedicta
             ac
             omnia
             alia
             &
             singula
             in
             Litteris
             praedictis
             Contenta
             Rata
             Habentes
             &
             Grata
             Ea
             pro
             nobis
             &
             Haeredibus
             nostris
             quantum
             in
             nobis
             est
             Acceptamus
             ,
             Approbamus
             ,
             Ratificamus
             ,
             &
             Confirmamus
             prout
             Literae
             praedictae
             rationabiliter
             testanter
             .
             In
             Cujus
             ,
             &c.
             Test.
             Reg.
             apud
             Westminst
             .
          
           26
           
             die
             Iunii
          
           .
        
         
           Fifthly
           ,
           It
           is
           inconsistent
           with
           
           the
           Royalties
           and
           Praeeminence
           of
           a
           Separate
           and
           
             Distinct
             Kingdom
          
           .
           That
           we
           are
           thus
           a
           
             Distinct
             Kingdom
          
           ,
           has
           been
           clearly
           made
           out
           before
           .
           'T
           is
           plain
           ,
           the
           Nobility
           of
           Ireland
           are
           an
           Order
           of
           Peers
           clearly
           Distinct
           from
           the
           Peerage
           of
           England
           ,
           the
           
           Priviledges
           of
           the
           one
           ,
           extend
           not
           into
           the
           other
           Kingdom
           ;
           a
           Lord
           of
           Ireland
           may
           be
           Arrested
           by
           his
           Body
           in
           England
           ;
           and
           so
           may
           a
           Lord
           of
           England
           in
           Ireland
           ,
           whilst
           their
           Persons
           remain
           Sacred
           in
           their
           respective
           Kingdoms
           :
           A
           
             Voyage
             Royal
          
           may
           be
           made
           into
           Ireland
           ,
           as
           the
           Year-Book
           ,
           11
           Hen.
           4.
           17.
           fol.
           7.
           and
           Lord
           Cook
           tells
           us
           ;
           and
           King
           Iohn
           in
           the
           12th
           year
           of
           his
           Reign
           of
           England
           ,
           made
           a
           
             Voyage
             Royal
          
           into
           Ireland
           ;
           and
           all
           his
           Tenants
           in
           Chief
           ,
           which
           did
           not
           attend
           him
           in
           that
           Voyage
           ,
           did
           pay
           him
           Escuage
           ,
           at
           the
           Rate
           of
           Two
           Marks
           for
           every
           
             Knights
             Fee
          
           ;
           which
           was
           imposed
           
             super
             Praelatis
             &
             Baronibus
             pro
             Passagio
             Regis
             in
             Hibernia
             ,
          
           as
           appears
           by
           the
           Pipe-Roll
           ,
           Scutag
           ▪
           12
           
             Iohannis
             Regis
             in
             Scaccario
             Angl.
          
           Which
           shews
           that
           we
           are
           a
           
             Compleat
             Kingdom
          
           within
           our selves
           ,
           and
           not
           little
           better
           than
           a
           Province
           ,
           as
           some
           are
           so
           Extravagant
           as
           to
           Assert
           ;
           none
           of
           the
           Properties
           of
           a
           
             Roman
             Province
          
           agreeing
           in
           the
           least
           with
           our
           Constitution
           .
           'T
           is
           Resolved
           in
           Sir
           Richard
           Pembrough's
           Cafe
           in
           the
           44th
           of
           Edw.
           III.
           That
           Sir
           Richard
           might
           lawfully
           refuse
           
           the
           King
           ,
           to
           serve
           him
           as
           his
           
             Deputy
             in
             Ireland
          
           ,
           and
           that
           the
           King
           could
           not
           Compel
           him
           thereto
           ,
           for
           that
           were
           to
           
             Banish
             him
             into
             another
             Kingdom
          
           ,
           which
           is
           against
           
             Magna
             Charta
          
           ,
           Chap.
           29.
           
           Nay
           ,
           even
           tho
           Sir
           Richard
           had
           great
           Tenures
           from
           the
           King
           ,
           
             pro
             servitio
             Impenso
             &
             Impendendo
          
           ,
           for
           that
           was
           said
           must
           be
           understood
           
             within
             the
             Realm
             of
             England
             ,
             Cooks
          
           2d
           Inst.
           pag.
           47.
           
           And
           in
           
           Pilkington's
           Case
           aforemention'd
           ,
           Fortescue
           declared
           ,
           That
           the
           Land
           of
           Ireland
           is
           and
           at
           all
           times
           hath
           been
           a
           
             Dominion
             Separate
             and
             Divided
             from
             England
             .
          
           How
           then
           can
           the
           Realms
           of
           England
           and
           Ireland
           ,
           being
           
             Distinct
             Kingdoms
          
           and
           
             Separate
             Dominions
          
           ,
           be
           imagin'd
           to
           have
           any
           Superiority
           or
           Iurisdiction
           the
           one
           over
           the
           other
           .
           'T
           is
           absurd
           to
           fancy
           that
           Kingdoms
           are
           Separate
           and
           Distinct
           meerly
           from
           the
           
             Geographical
             Distinction
             of
             Territories
          
           .
           Kingdoms
           become
           Distinct
           by
           
             Distinct
             Iurisdictions
          
           ,
           and
           
             Authorities
             Legislative
          
           and
           Executive
           ;
           and
           as
           
             Rex
             est
             qui
             Regem
             non
             habet
             ,
          
           so
           
             Regnum
             est
             quod
             alio
             non
             Subjicitur
             Regno
             :
          
           A
           Kingdom
           can
           have
           no
           Supream
           ;
           't
           is
           in
           it self
           Supream
           within
           
           it self
           ,
           and
           must
           have
           all
           Jurisdictions
           ,
           Authorities
           and
           Praeeminencies
           to
           the
           Royal
           State
           of
           a
           Kingdom
           belonging
           ,
           or
           else
           't
           is
           none
           :
           And
           that
           Ireland
           has
           all
           these
           ,
           is
           declared
           in
           the
           Irish
           Stat.
           33
           Hen.
           VIII
           .
           c.
           1.
           
           The
           chief
           of
           these
           most
           certainly
           is
           ,
           the
           
             Power
             of
             Making
             and
             Abrogating
             its
             own
             Laws
             ,
          
           and
           being
           bound
           only
           by
           such
           to
           which
           the
           Community
           have
           given
           their
           Consent
           .
        
         
           Sixthly
           ,
           It
           is
           
             against
             the
             Kings
          
           
           Prerogative
           ,
           that
           the
           Parliament
           of
           England
           should
           have
           any
           Co-ordinate
           Power
           with
           Him
           ,
           to
           introduce
           New
           Laws
           ,
           or
           Repeal
           Old
           Laws
           Established
           in
           Ireland
           .
           By
           the
           Constitution
           of
           Ireland
           under
           
           Poyning's
           Act
           ,
           the
           King's
           Prerogative
           in
           the
           Legislature
           is
           advanced
           to
           a
           much
           higher
           Pitch
           than
           ever
           was
           Challenged
           by
           the
           Kings
           in
           England
           ,
           and
           the
           Parliament
           of
           Ireland
           stands
           almost
           on
           the
           same
           bottom
           as
           the
           King
           does
           in
           England
           ;
           I
           say
           almost
           on
           the
           same
           Bottom
           ,
           for
           the
           Irish
           Parliament
           have
           not
           only
           a
           
             Negative
             Vote
          
           (
           as
           the
           King
           has
           in
           England
           )
           to
           whatever
           Laws
           the
           King
           
           and
           his
           Privy
           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
           ,
           according
           to
           
           Poyning's
           Act
           ,
           must
           be
           Pass'd
           or
           Rejected
           in
           the
           
             very
             Words
          
           ,
           even
           to
           a
           Tittle
           ,
           as
           they
           are
           said
           before
           our
           Parliament
           ,
           we
           cannot
           alter
           the
           least
           Iota
           .
           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
           Kings
           Prerogative
           is
           much
           Narrower
           ,
           and
           as
           it
           were
           Reversed
           ,
           (
           for
           there
           the
           King
           has
           only
           a
           
             Negative
             Vote
          
           )
           I
           humbly
           conceive
           't
           is
           an
           Incroachment
           on
           the
           Kings
           Prerogative
           :
           But
           this
           I
           am
           sure
           ,
           the
           Parliament
           of
           England
           will
           be
           always
           very
           Tender
           of
           ,
           and
           His
           Majesty
           will
           be
           very
           loth
           to
           have
           such
           a
           Precious
           Jewel
           of
           his
           Crown
           handled
           rufly
           .
           
           The
           Happiness
           of
           our
           Constitutions
           depending
           on
           a
           Right
           Temperament
           between
           the
           Kings
           and
           the
           
             Peoples
             Rights
          
           .
        
         
           Seventhly
           ,
           It
           is
           
             against
             the
             Practice
          
           
           
             of
             all
             former
             Ages
          
           .
           Wherein
           can
           it
           appear
           ,
           that
           any
           Statute
           made
           in
           England
           ,
           was
           at
           any
           time
           since
           the
           Reign
           of
           Henry
           the
           Third
           ,
           allowed
           and
           put
           in
           practice
           in
           the
           Realm
           of
           Ireland
           ,
           without
           the
           Authority
           of
           the
           Parliament
           of
           Ireland
           .
           Is
           it
           not
           manifest
           by
           what
           foregoes
           ,
           that
           from
           the
           Twentieth
           of
           King
           Henry
           the
           Third
           ,
           to
           the
           Thirteenth
           of
           Edward
           the
           Second
           ,
           and
           from
           thence
           to
           the
           Eighteenth
           of
           Henry
           the
           Sixth
           ,
           and
           from
           thence
           ,
           to
           the
           Thirty-Second
           of
           Henry
           the
           Sixth
           ,
           and
           from
           thence
           ,
           to
           the
           Eighth
           of
           Edward
           the
           Fourth
           ,
           and
           from
           thence
           ,
           to
           the
           Tenth
           of
           Henry
           the
           seventh
           ,
           there
           was
           special
           care
           taken
           to
           Introduce
           the
           Statutes
           of
           England
           ,
           (
           such
           of
           them
           as
           were
           necessary
           or
           convenient
           for
           this
           Kingdom
           )
           by
           degrees
           ,
           and
           always
           with
           Allowance
           ,
           and
           Consent
           of
           the
           Parliament
           and
           People
           of
           Ireland
           .
           And
           since
           the
           
             General
             Allowance
          
           ,
           of
           all
           
           the
           English
           Acts
           and
           Statutes
           in
           the
           Tenth
           of
           Henry
           the
           Seventh
           ,
           there
           have
           several
           Acts
           of
           Parliament
           ,
           which
           were
           made
           in
           England
           in
           the
           Reigns
           of
           all
           the
           Kings
           from
           that
           Time
           ,
           Successively
           to
           this
           very
           Day
           ,
           been
           particularly
           Receiv'd
           by
           Parliament
           in
           Ireland
           ;
           and
           so
           they
           become
           of
           force
           here
           ,
           and
           not
           by
           reason
           of
           any
           
             General
             Comprehensive
          
           words
           ,
           as
           some
           Men
           have
           lately
           fancied
           .
           For
           if
           by
           
             General
             Comprehensive
             Words
          
           ,
           the
           Kingdom
           of
           Ireland
           could
           be
           bound
           by
           the
           Acts
           of
           Parliament
           of
           England
           ,
           what
           needed
           all
           the
           former
           Receptions
           in
           the
           Parliament
           of
           Ireland
           ,
           or
           what
           
             use
             will
             there
             be
             of
             the
             Parliament
             of
             Ireland
             at
             any
             time
             ?
          
           If
           the
           Religion
           ,
           Lives
           ,
           Liberties
           ,
           Fortunes
           ,
           and
           Estates
           of
           the
           Clergy
           ,
           Nobility
           ,
           and
           Gentry
           of
           Ireland
           ,
           may
           be
           dispos'd
           of
           ,
           without
           their
           Privity
           and
           Consent
           ,
           what
           Benefit
           have
           they
           of
           any
           Laws
           ,
           Liberties
           ,
           or
           Priviledges
           granted
           unto
           them
           by
           the
           Crown
           of
           England
           ?
           I
           am
           loth
           to
           give
           their
           Condition
           an
           
             hard
             Name
          
           ;
           but
           I
           have
           no
           other
           Notion
           of
           
             Slavery
             ;
             but
             being
             Bound
             by
             a
             Law
             to
             which
             I
             do
             not
             Consent
             .
          
        
         
         
           Eighthly
           ,
           'T
           is
           against
           several
           
           Resolutions
           of
           the
           
             Learned
             Iudges
          
           ,
           of
           former
           times
           in
           the
           very
           Point
           in
           Question
           .
           This
           is
           manifest
           from
           what
           foregoes
           in
           the
           Case
           of
           the
           
             Merchants
             of
             Waterford
          
           ,
           Pilkington's
           Case
           ,
           Prior
           of
           
           Lanthony's
           Case
           ,
           &c.
           
           But
           I
           shall
           not
           here
           inlarge
           farther
           thereon
           .
        
         
           Ninthly
           ,
           The
           Obligation
           of
           all
           Laws
           having
           the
           same
           Foundation
           ,
           
           if
           One
           Law
           may
           be
           Imposed
           
             without
             Consent
          
           ,
           any
           Other
           Law
           whatever
           ,
           may
           be
           Imposed
           on
           us
           
             Without
             our
             Consent
          
           .
           This
           will
           naturally
           introduce
           
             Taxing
             us
             without
             our
             Consent
          
           ;
           and
           this
           as
           necessarily
           destroys
           our
           Property
           .
           I
           have
           no
           other
           Notion
           of
           Property
           ,
           but
           a
           
             Power
             of
             Disposing
             my
             Good
             as
             I
             please
             ,
          
           and
           not
           as
           anothe●…
           shall
           Command
           :
           Whatever
           another
           may
           Rightfully
           take
           from
           me
           
             without
             my
             Consent
          
           ,
           I
           have
           certainly
           no
           Property
           in
           .
           To
           Tax
           me
           without
           Consent
           ,
           is
           little
           better
           ,
           if
           at
           all
           ,
           than
           
             down-right
             Robbing
             me
             ▪
          
           I
           am
           sure
           the
           Great
           Patriots
           of
           Liberty
           and
           Property
           ,
           the
           Free
           Peo
           
           Ple
           of
           England
           ,
           cannot
           think
           of
           such
           a
           thing
           ,
           but
           with
           Abhorrence
           .
        
         
           Lastly
           ,
           The
           People
           of
           Ireland
           
           are
           left
           by
           this
           Doctrine
           in
           the
           Greatest
           Confusion
           and
           Uncertainty
           Imaginable
           .
           We
           are
           certainly
           bound
           to
           Obey
           the
           
             Supream
             Authority
          
           over
           us
           ;
           and
           yet
           hereby
           we
           are
           not
           permitted
           to
           know
           Who
           or
           What
           the
           same
           is
           ;
           whether
           the
           
             Parliament
             of
             England
          
           ,
           or
           
             that
             of
             Ireland
          
           ,
           or
           Both
           ;
           And
           in
           what
           Cases
           the
           One
           ,
           and
           in
           what
           the
           Other
           :
           Which
           Uncertainty
           is
           or
           may
           be
           made
           a
           Pretence
           at
           any
           time
           for
           Disobedience
           .
           It
           is
           not
           impossible
           but
           the
           Different
           Legislatures
           we
           are
           subject
           to
           ,
           may
           Enact
           Different
           ,
           or
           Contrary
           Sanctions
           :
           Which
           of
           these
           must
           we
           obey
           ?
        
         
           To
           conclude
           all
           ,
           I
           think
           it
           highly
           
           Inconvenient
           for
           England
           to
           Assume
           this
           Authority
           over
           the
           Kingdom
           of
           Ireland
           :
           I
           believe
           there
           will
           need
           no
           great
           Arguments
           to
           convince
           the
           Wise
           Assembly
           of
           English
           Senators
           ,
           how
           inconvenient
           it
           may
           be
           to
           England
           ,
           to
           do
           that
           which
           may
           
           make
           the
           Lords
           and
           
             People
             of
             Ireland
          
           think
           that
           they
           are
           not
           
             Well
             Used
          
           ,
           and
           may
           drive
           them
           into
           Discontent
           .
           The
           Laws
           and
           
             Liberties
             of
             England
          
           were
           granted
           above
           five
           hundred
           years
           ago
           to
           the
           People
           of
           Ireland
           ,
           upon
           their
           Submissions
           to
           the
           Crown
           of
           England
           ,
           with
           a
           Design
           to
           make
           them
           Easie
           to
           England
           ,
           and
           to
           keep
           them
           in
           the
           Allegiance
           of
           the
           King
           of
           England
           .
           How
           Consistent
           it
           may
           be
           with
           True
           Policy
           ,
           to
           do
           that
           which
           the
           People
           of
           Ireland
           may
           think
           is
           an
           Invasion
           of
           their
           Rights
           and
           Liberties
           ,
           I
           do
           most
           humbly
           submit
           to
           the
           Parliament
           of
           England
           to
           Consider
           .
           They
           are
           Men
           of
           
             Great
             Wisdom
             ,
             Honour
          
           ,
           and
           Iustice
           :
           and
           know
           how
           to
           prevent
           all
           future
           Inconveniencies
           .
           We
           have
           heard
           Great
           Out-cries
           ,
           and
           deservedly
           ,
           on
           Breaking
           the
           
             Edict
             of
             Nantes
          
           ,
           and
           other
           Stipulations
           ;
           How
           far
           the
           Breaking
           our
           Constitution
           ,
           which
           has
           been
           of
           Five
           Hundred
           years
           standing
           ,
           exceeds
           that
           ,
           I
           leave
           the
           World
           to
           judge
           .
           It
           may
           perhaps
           be
           urg'd
           ,
           That
           't
           is
           convenient
           for
           the
           State
           of
           England
           ,
           that
           the
           
             Supream
             Council
          
           thereof
           should
           make
           their
           Jurisdiction
           
           as
           Large
           as
           they
           can
           .
           But
           with
           Submission
           ,
           I
           conceive
           that
           if
           this
           
             Assumed
             Power
          
           be
           not
           Iust
           ,
           it
           cannot
           be
           convenient
           for
           the
           State.
           What
           Cicero
           says
           in
           his
           
             Offices
             ,
             Nihil
             est
             Utile
             ,
             nisi
             idem
             sit
             Honestum
             ,
          
           is
           most
           certainly
           true
           .
           Nor
           do
           I
           think
           ,
           that
           't
           is
           any
           wise
           necessary
           to
           the
           Good
           of
           England
           to
           Assert
           this
           High
           Jurisdiction
           over
           Ireland
           .
           For
           since
           the
           Statutes
           of
           this
           Kingdom
           are
           made
           with
           such
           Caution
           ,
           and
           in
           such
           Form
           ,
           as
           is
           prescribed
           by
           
             Poyning's
             Act
          
           10
           H.
           7.
           and
           by
           the
           3d
           and
           4th
           of
           Phil.
           and
           Mar.
           and
           whilest
           Ireland
           is
           in
           
             English
             hands
          
           ,
           I
           do
           not
           see
           how
           't
           is
           possible
           for
           the
           Parliament
           of
           Ireland
           to
           do
           any
           thing
           that
           can
           be
           in
           the
           least
           prejudicial
           to
           England
           .
           But
           on
           the
           other
           hand
           ,
           If
           
             England
             assume
          
           a
           Iurisdiction
           over
           Ireland
           ,
           whereby
           they
           think
           their
           Rights
           and
           Liberties
           are
           
             taken
             away
             ;
             That
             their
             Parliaments
             are
             rendred
             meerly
             nugatory
             ,
          
           and
           that
           their
           Lives
           and
           Fortunes
           Depend
           on
           the
           Will
           of
           a
           Legislature
           wherein
           they
           are
           
             not
             Parties
          
           ;
           there
           may
           be
           ill
           Consequences
           of
           this
           .
           Advancing
           the
           Power
           of
           the
           Parliament
           of
           England
           ,
           by
           
           breaking
           the
           Rights
           of
           another
           ,
           may
           in
           time
           have
           ill
           Effects
           .
        
         
           The
           
             Rights
             of
             Parliament
          
           should
           be
           preserved
           Sacred
           and
           Inviolable
           ,
           wherever
           they
           are
           found
           .
           This
           kind
           of
           Government
           ,
           once
           so
           Universal
           all
           over
           Europe
           ,
           is
           now
           almost
           
             Vanished
             ▪
          
           from
           amongst
           the
           Nations
           thereof
           .
           Our
           Kings
           Dominions
           are
           the
           only
           Supporters
           of
           this
           noble
           
             Gothick
             Constitution
          
           ,
           save
           only
           what
           little
           remains
           may
           be
           found
           thereof
           in
           Poland
           .
           We
           should
           not
           therefore
           make
           so
           light
           of
           that
           sort
           of
           Legislature
           ,
           and
           as
           it
           were
           Abolish
           it
           in
           One
           Kingdom
           of
           the
           Three
           ,
           wherein
           it
           appears
           ;
           but
           rather
           Cherish
           and
           Encourage
           it
           wherever
           we
           meet
           it
           .
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A51131-e1060
           
             Introduction
             ,
             and
             Occasion
             of
             this
             Disquisition
             .
          
           
             *
             Bishop
             of
             Derry
             in
             the
             House
             of
             Lords
             ,
             and
             Prohibiting
             Exportation
             of
             our
             Woollen
             Manufacture
             in
             the
             House
             of
             Commons
             .
          
           
             Subject
             of
             this
             Enquiry
             .
          
           
             
             Britain's
             first
             Expedition
             into
             Ireland
             .
          
           
             *
             Giraldus
             Cambr.
             Hib.
             Expug
             .
             
               Lib.
               I.
               C.
            
             1
             ,
          
           
             Hen.
             II.
             
               comes
               into
            
             Ireland
             .
          
           
             Irish
             submit
             to
             him
             .
          
           
             Ireland
             whether
             ever
             Conquer'd
             .
          
           
             *
             Mr.
             Selden
             will
             not
             allow
             that
             ever
             H.
             2.
             used
             this
             Stile
             .
             
               Tit.
               Hon.
               Par.
            
             2.
             
             G.
             5.
             
             Sect.
             26.
             
          
           
             Suppressing
             Rebellions
             ,
             whether
             a
             Conquest
             .
          
           
             *
             Bishop
             of
             
             Salisbury's
             Pastoral
             Letter
             .
          
           
             What
             Title
             is
             obtain'd
             by
             Conquest
             .
          
           
             No
             Title
             gain'd
             by
             an
             Unjust
             Conquest
             .
          
           
             What
             Title
             by
             a
             Just
             Conquest
             .
          
           
             None
             over
             the
             Assisters
             in
             the
             Conquest
             .
          
           
             None
             over
             the
             Non-Opposers
             
          
           
             Just
             Conquerour
             intitled
             to
             the
             Lives
             of
             the
             Opposers
             .
          
           
             Just
             Conquerour
             how
             far
             impower'd
             over
             the
             Posterity
             of
             the
             Opposers
             .
          
           
             How
             far
             over
             their
             Estates
             .
          
           
             Practise
             of
             Conquerors
             otherwise
             .
          
           
             Concessions
             granted
             by
             a
             Conquerour
             ,
             whether
             Obligatory
             .
          
           
             What
             Concessions
             have
             been
             made
             from
             the
             Crown
             of
             England
             to
             the
             Kingdom
             of
             Ireland
             .
          
           
             By
             Henry
             II.
             
          
           
             Irish
             Modus
             Tenendi
             Parliamentum
             .
          
           
             a
             Tit.
             Hon.
             Par.
             2.
             
             C.
             5.
             
             Sect.
             26.
             
             Edit
             .
             Lond.
             An.
             1672
             
          
           
             b
             Against
             
             Cook
             's
             4th
             Instit
             .
             C.
             76.
             
          
           
             Parliaments
             very
             early
             in
             Ireland
             .
          
           
             a
             Against
             the
             4th
             Inst.
             c.
             76.
             p.
             249.
             
          
           
             a
             Togograph
             Hibern
             .
             
               l
               3.
               c.
               18
            
             Hib.
             Expug
             .
             
               l.
               11.
               c.
               33
               ,
               34.
               
            
          
           
             b
             Hoveden
             Annal
             parspost
             .
             p.
             302.
             
             Brampton
             Chr.
             Col.
             1071.
             
             Knighton
             de
             Even
             .
             Angl.
             
               l.
               c.
               c.
            
             10
             col
             .
             2394
             ,
             2395.
             
             Pol.
             Virg.
             Hist.
             Angl.
             l.
             13.
             
             Radul
             .
             de
             Diceto
             .
             Walsingbam
             ,
             &c.
             
          
           
             Original
             Compact
             for
             Ireland
             .
          
           
             King
             Iohn
             made
             King
             of
             Ireland
             .
          
           
             By
             this
             Ireland
             made
             an
             Absolute
             separate
             Kingdom
             .
          
           
             a
             Seldens
             Tit.
             Hon.
             Par.
             1.
             
             C.
             8
             Sect.
             5.
             
             Usher
             
               Archbibishop
               of
            
             Armagh
             ,
             
               of
               the
               Religion
               of
               the
               Antient
            
             Irish
             ,
             Cap.
             11.
             
          
           
             b
             Act.
             Concil
             .
             Constant.
             Ses.
             28.
             
             MS.
             in
             Bib.
             Reg.
             
               not
               in
               the
               Printed
               Acts.
            
             
          
           
             Ireland
             in
             what
             sense
             Annex'd
             to
             England
             .
          
           
             King
             Iohn
             comes
             a
             second
             time
             into
             Ireland
             .
             The
             People
             submit
             to
             him
             
          
           
             Concess●…
             ▪
             from
             Hen.
             III.
             
          
           
             a
             Pryn
             against
             the
             4th
             Inst.
             c.
             76.
             p.
             250.
             
          
           
             Pa.
             1
             H.
             III.
             m.
             13.
             intus
             .
          
           
             Record
             out
             of
             Mr.
             Petyt
             of
             the
             Antiquity
             of
             Parliaments
             in
             Ireland
             .
          
           
             Rot.
             38
             H.
             III
             ,
             in
             4.
             Hibernta
             
          
           
             Farther
             Concessions
             from
             
               Hen.
               III
            
          
           
             
               (
               b
            
             )
             Against
             
             Cook
             's
             4th
             Instit
             .
             p.
             252.
             
          
           
             Claus.
             12
             H.
             III
             in
             8
             de
             Legibus
             &
             Consuetudinibus
             Observandis
             in
             Hibern
             .
          
           
             Recapitula
             tion
             .
          
           
             a
             Fourth
             Instit
             .
          
           
             b
             Against
             the
             4th
             Instit.
             
          
           
             c
             
               Placita
               Parliamentaria
            
             .
             English
             Laws
             Established
             in
             Ireland
             .
          
           
             Law
             of
             Parliament
             .
          
           
             Common
             Law.
             
          
           
             Statute
             Law.
             
          
           
             Statute-Law
             of
             England
             from
             the
             Norman
             Conquest
             to
             Hen.
             III.
             
          
           
             Law
             of
             Edward
             the
             Confessor
             .
          
           
             a
             Selden
             〈◊〉
             &
             speci●…
             ▪
             ad
             eadmerum
             ,
             pag
             17●…
             
          
           
             Of
             Wil.
             Conq.
             
          
           
             b
             Leges
             W.
             1.
             
             Cap.
             63.
             apud
             Selden
             in
             not●…●…d
             eadmerum
             p.
             192.
             
          
           
             Of
             Hen.
             I.
             
          
           
             c
             Vid.
             Selden
             ut
             supra
             .
          
           
             Of
             Hen
             II.
             
          
           
             Of
             K.
             John.
             
          
           
             d
             Mat.
             Paris
             ad
             an
             .
             1215.
             pag.
             253.
             &c.
             
          
           
             Of
             Hen.
             III.
             
          
           
             a
             Cook
             's
             Pref.
             to
             the
             2d
             Inst.
             
          
           
             Engl.
             Statutes
             since
             the
             9th
             .
             
               Hen.
               III.
            
             introduced
             in
             Ireland
             .
          
           
             
               Statutes
               of
            
             Merton
             .
             Marlebr
             .
             Westm.
             Gloucest
             .
          
           
             Vid.
             Lib.
             Rubr.
             Scaccar
             .
             Dubl
             .
          
           
             a
             Annals
             of
             Ireland
             ,
             at
             the
             End
             of
             
             Camden's
             Britan.
             Edit
             .
             1637.
             page
             196
             ,
             197
             ,
             &c.
             
          
           
             b
             Ibid.
             p.
             160.
             
             Pryn
             against
             the
             4th
             Instit.
             Chap
             ,
             76.
             
          
           
             All
             English
             Statutes
             before
             the
             10th
             of
             Hen.
             VII
             .
             in
             force
             in
             Ireland
             .
          
           
             a
             Cook
             's
             4th
             Instit.
             Cap.
             76.
             
             P.
             351.
             
          
           
             b
             Vid.
             Irish
             Stat.
             
          
           
             English
             Statutes
             Declaratory
             of
             the
             Common
             Law
             in
             force
             in
             Ireland
             .
          
           
             English
             Acts
             introductive
             of
             a
             New
             Law
             ,
             not
             of
             force
             in
             Ireland
             .
          
           
             a
             Irish
             Stat.
             13
             C.
             2.
             c.
             2.
             13
             
             C.
             2.
             c.
             3.
             14
             
             &
             15
             C.
             2.
             c.
             1.
             14
             
             &
             15
             C.
             2.
             c.
             19.
             17
             
             &
             18
             C.
             2.
             c.
             3.
             17.
             
             &
             18
             C.
             2.
             c.
             11.
             
             English
             Stat.
             12
             C.
             2.
             c.
             12.
             12
             
             C.
             2.
             c.
             3.
             12
             
             C.
             2.
             c.
             14
             ,
             12
             C.
             2.
             c.
             24.
             12
             
             C.
             2.
             c.
             33.
             16
             
             &
             17
             C.
             2.
             c.
             5.
             
          
           
             *
             For
             we
             had
             two
             several
             Acts
             transmitted
             to
             us
             at
             different
             times
             ,
             to
             this
             very
             purpose
             .
             One
             we
             rejected
             in
             the
             Lord
             Syd●…eys
             Government
             ,
             t'other
             we
             pass'd
             under
             the
             Lord
             Capell
             .
          
           
             Objections
             Answer'd
             .
          
           
             Objection
             from
             the
             Stat.
             of
             Rape
             .
          
           
             Object
             .
             English
             Statutes
             comprehending
             Ireland
             by
             general
             Words
             .
          
           
             Act
             against
             Appeals
             to
             Rome
             .
          
           
             Acts
             of
             First
             Fruits
             and
             Faculties
             .
          
           
             a
             Title
             in
             the
             English
             Statutes
             is
             ,
             
               No
               Imposition
               shall
               be
               paid
               to
               the
               Bishop
               of
            
             Rome
             .
          
           
             High-Commission-Court
             ▪
             
          
           
             By
             the
             same
             Reason
             Scotland
             may
             be
             bound
             .
          
           
             English
             Statutes
             naming
             Ireland
             .
          
           
             Or
             dinatio
             pre
             Statu
             Hiberniae
             .
          
           
             Staple-Act
             ,
          
           
             Merchants
             of
             Waterford's
             Case
             .
          
           
             Members
             from
             Ireland
             in
             the
             Parliament
             of
             England
             .
          
           
             Modern
             Acts
             of
             the
             Parliament
             of
             England
             ,
             naming
             Ireland
             .
          
           
             Acts
             in
             favour
             of
             Adventurers
             in
             1641.
             
          
           
             Acts
             in
             Cromwels
             time
             .
          
           
             Cattle
             Act.
             
          
           
             Tobacco
             Act.
             
          
           
             Navigation
             Act.
             
          
           
             Note
             ,
             Exporting
             Wooll
             from
             Ireland
             ,
             is
             made
             penal
             by
             the
             Irish.
             Stat.
             13
             Hen.
             8.
             c.
             2.
             28
             
             Hen.
             8.
             c.
             17.
             
             But
             both
             these
             Statutes
             are
             obsolete
             :
             The
             like
             may
             we
             observe
             of
             the
             11
             Eliz.
             c.
             10.
             
             &
             13
             El.
             c.
             4.
             
          
           
             English
             Acts
             Binding
             Ireland
             since
             King
             William's
             Reign
             .
          
           
             Act
             for
             the
             Protestant
             Irish
             Clergy
             .
          
           
             Act
             against
             Commerce
             with
             France
             .
          
           
             Act
             for
             Security
             of
             the
             Protestants
             of
             Ireland
             .
          
           
             Act
             appointing
             New
             Oaths
             
          
           
             The
             Opinions
             of
             the
             Lawyers
             thereon
             .
          
           
             Lord
             Chief
             Justice
             
             Cook
             's
             Opinion
             Discuss'd
             .
          
           
             a
             20
             H.
             6.
             8.
             
             Pilkington
             '
             
               s
               Case
            
             .
             32
             H.
             6.
             25.
             20
             
             Eliz.
             Dyer
             .
             360.
             
             Flowd
             .
             Com.
             360.
             
          
           
             Opinions
             of
             other
             Judges
             ,
             in
             Favour
             of
             Ireland
             .
          
           
             Pilki●…s
             Case
             .
          
           
             a
             This
             Statute
             we
             may
             reckon
             .
             amongst
             the
             number
             of
             those
             that
             are
             lost
             during
             the
             long
             Intervals
             of
             our
             Irish
             Acts
             ,
             noted
             before
             page
             65.
             to
             be
             aboue
             118
             Years
             .
          
           
             Merchants
             of
             Waterfords
             Case
             .
          
           
             Prior
             of
             Lanthonys
             Case
             .
          
           
             a
             Rot.
             Parl.
             An.
             8.
             
             H.
             6.
             in
             ult
             .
          
           
             Argument
             from
             Acts
             of
             Succession
             and
             Recognition
             pass'd
             in
             Ireland
             .
          
           
             
             Ireland's
             State
             Ecclesiastical
             Independent
             .
          
           
             Argument
             from
             a
             Record
             in
             Reyley
             .
          
           
             a
             14
             Ed.
             2.
             
             Par.
             2.
             
             Memb
             ▪
             21
             Int.
             
          
           
             Objection
             drawn
             from
             a
             Writ
             of
             Error
             .
          
           
             Declaration
             in
             the
             Irish
             Act
             of
             Faculties
             .
          
           
             Farther
             Reasons
             offered
             in
             behalf
             of
             Ireland
             .
          
           
             
             England's
             Title
             to
             Ireland
             by
             Purchase
             .
          
           
             Object
             .
             Ireland
             prejudicial
             to
             
             England's
             Trade
             ,
             therefore
             to
             be
             Bound
             .
          
           
             Object
             .
             Ireland
             a
             Colony
             .
          
           
             Against
             the
             Rights
             of
             Mankind
             .
          
           
             Consent
             only
             gives
             Law
             force
             .
          
           
             Against
             the
             Common
             Law
             of
             England
             .
          
           
             Against
             the
             Statute
             Law
             both
             of
             England
             and
             Ireland
             .
          
           
             a
             See
             before
             pag.
             65.
             
          
           
             b
             Pultons
             Col.
             Eng.
             Stats
             .
             Edit
             .
             1670.
             pag.
             63.
             
          
           
             c
             ibid.
             page
             .
             75.
             
          
           
             d
             ibid.
             page
             .
             113.
             
          
           
             e
             10
             H.
             7.
             c.
             22
             
          
           
             a
             28
             H
             8.
             c.
             4.
             28
             
             H.
             8.
             c.
             20.
             3
             
             &
             4
             Ph.
             &
             M.
             c.
             4.
             11
             
             Eliz.
             Ses.
             2.
             c.
             1.
             11
             
             Eliz.
             Ses.
             3.
             c.
             8.
             
          
           
             Against
             several
             Concessions
             made
             to
             Ireland
             .
          
           
             Inconsistent
             with
             the
             Royalties
             of
             a
             Kingdom
             .
          
           
             Against
             the
             Kings
             Prerogative
             .
          
           
             Against
             the
             Practice
             of
             former
             Ages
             .
          
           
             Against
             the
             Resolution
             of
             Judges
             .
          
           
             Destroys
             Property
             .
          
           
             Greates
             Confusion
             .
          
           
             Inconvenient
             to
             England
             to
             Assume
             this
             Power
             .