AN ANSWER TO Mr. Molyneux HIS CASE of Ireland's being bound by Acts of Parliament in England, Stated: AND His Dangerous Notion of Ireland's being under no Subordination to the Parliamentary Authority of England REFUTED; By Reasoning from his own Arguments and Authorities. Rom. 12. 3. For I say, through the Grace given unto me, to every Man that is among you, not to think of himself more highly than he ought to think; etc. Gal. 6. 3. For if a Man think himself to be something when he is nothing, he deceiveth himself. LONDON, Printed for Rich. Parker, at the Unicorn under the Piazza of the Royal Exchange. 1698. THE EPISTLE Dedicatory, By way of PREFACE To the Modern English Nobility, Gentry, and Protestant Inhabitants of Ireland. Right Honourable, Honourable, etc. ALthough you are by far the least in Number, you are yet to be esteemed as the much more considerable part of the Inhabitants of that Country, in respect of your Power, and the Authority which you bear there. 'Tis true, that upon the first Subduction of the Irish Nation to the English Government, the Laws and Liberties of Englishmen were granted unto them, equally with the Colony of the Old English that were planted among them; but as they were a people that had been always used to a sort of wild and barbarous way of Living, they did not affect to embrace the more Civilised Customs and Manners of the English, but for the most part kept themselves off from uniting and joining with them in the Management of the Government, which by the Concessions made to them, they might freely have acted in; yet they continued as a distinct and separate people, swayed and influenced by their own petty Princes or Chiefs of Clans, even to the breaking out into frequent Insurrections and Rebellions against the English Government; which therefore continued all along to be chiefly administered by the Inhabitants of the English Pale: And in this state the Affairs of Ireland remained until the Reformation of Religion, from whence sprung such a Revolution as produced a great Change in the Administration of the public Affairs there: For after the Reformation had obtained in England, the Ancient English of Ireland did generally remain of the Roman Communion, and consequently when 'twas found dangerous to continue them in the Execution of public Trusts, they also as well as the Irish of the same Religion, were in process of Time, by the Influence and Authority of England, utterly disabled from acting any thing in the Government of the State; and 'tis in their rooms that you have since succeeded, and are therefore looked upon and treated by England as the governing part, and effective Body of the Kingdom of Ireland. But when I came to consider Mr. Molyneuxes. Book, I thought it very strange, that he who designed so Elaborate a piece in your Favour, should yet give you no stronger a Title to the pre-eminence which you bear in that Country, than what would devolve upon you from those Concessions which were anciently made to the Native Irish and Old English; which, as he would persuade us, did amount to no less than the establishing them upon the Foundation of an Absolute Kingdom, distinct and separate from the Kingdom of England, and wholly Independent thereon; the Consequence of which, if it had been so, would have stood you in very ill stead, for as you cannot make any pretensions to such Concessions, because you are not (generally speaking) descended from either of those People, but their Progeny are still in being, and acknowledged to be such; all the Rights and Privileges which Mr. Molyneux hath so strongly contested for, should be due to them, if the Case must be taken as he hath stated it; and nothing can be more plausibly offered in their justification, for the cutting the Throats of the Modern English, than this Notion: And Mr. Molyneux is so fond of fixing you upon this Old Foundation, that he even disputes the possibility of their forfeiting, or the reasonableness of our retracting those Concessions: I believe indeed, that he might foresee, that if it should be admitted that the frequency of their rebelling and our reducing them by force of Arms, did amount to a Reconquering of this their Independent Kingdom, (as he makes it) that would have dissolved that ancient Concession, and spoil his Design of entailing it upon you: However it be, I think this sort of Title does naturally fall under an inextricable Dilemma: For, If Ireland was granted to the Native Irish and Old English, as an Absolute, Independent Kingdom, and was never since reconquered by England; the Right of administering the public Affairs of that Government (under the King) ought to remain in them, since 'twas never given up to you by their Consents; and then they have no reason to consider you otherwise, than as having no Title more than Usurpers and Oppressors, and that you may justly be treated as such whenever they are in a condition to do it? But if this Independent Kingdom hath been reconquered, the former Concessions are actually dissolved, and neither you nor they can have any more pretence to an Independent Kingdom, until you can procurea New Grant for it: And thus Mr. Molyneux in labouring to raise you higher than your proper Basis, hath quite unhinged you. But I have yet no doubt of your being as well Entitled to the Power and Authority which you enjoy and exercise in that Country, as any People in Europe are; and that it is justly derived to you, from a much more certain Original than what Mr. Molyneux hath assigned; and I have therefore undertaken in the following Papers to controvert his Notion through every point, and to show in Opposition to his Arguments; First, That Henry the Second, having subdued Ireland by the means of an English Army, that Country came to be annexed to the Imperial Crown, or Kingdom of England, but not to the Person of King Henry, in any separate propriety from the Kingdom. Secondly, That the Subduing of Ireland by the people of England, under the Conduct of their King Henry the Second, was then esteemed to be a Conquest, and is much more to be accounted so, than William the first's acquisition of the Crown of England, and that Ireland was thereby most certainly brought under the jurisdiction of the Parliamentary Authority of England. Thirdly, That King Henry's Descent upon Ireland was a just Undertaking, and that the entire submission of the People to the Government of England, their receiving its Laws, and being endowed in all the privileges of Englishmen, made them become a Member of, and annexed to the English Empire, and gave England a just Title to exercise a perpetual jurisdiction over them. Fourthly, That all the many Concessions made to Ireland, empowering them to hold Parliaments, etc. can be understood no otherwise, than that they should be enabled to devise and enact such Laws when Occasion required, as were suitable to the Circumstances of that Country: But that no Grant ever did, or could make Ireland an Absolute, Distinct, Separate Kingdom, and wholly Independent of England, or invest it with such a supreme Legislature as is inherent in the Head of the Government only; which, with respect to the Body of the English Empire, can never reside any where else than in the King, by and with the Advice and Consent of the Lords and Commons of England in Parliament assembled. Fifthly, That the Precedents and Opinions quoted by Mr. Molyneux, do not by any means assist his Argument, but do most of them support mine against him. And Sixthly, That his Reasons and Arguments offered on one side and tother, are as little to his purpose; but that the English Settlements in Ireland always were, and ever must be properly accounted as a Colony of England, and hath ever been by her protected and supported as such. By these Principles then, and no other but such as these, can the English be justified in their Conduct towards the Irish; whereas if they had been an absolute, distinct, independent People, the former and latter Disturbances they have given us, could not have been Rebellions, but were just Attempts to vindicate their Rights against a People that had without Reason violated them; their Lands had not been legally Forfeited, but forcibly taken from them, against all justice and Reason; and the Spilling of so much of their Blood must lie heavy upon those that provoked them to take up Arms, in Defence of their just Liberties and Properties. Is it not much more for your Interest then, to put this matter on the right bottom, upon which our Actings towards them were always grounded, by considering the Irish as a People that had been subdued and brought into Subjection to the English Government, and were united to it in the Nature of a Province of its Empire; and to esteem the English that have been settled there as a Colony of England, which we were obliged to protect and defend against any Insults and Violences offered them by the Natives? For this must justly subject them to the Forfeitures and Penalties due to Rebels, vindicate us in the Severities we have exercised upon them, support you in the possession of the Estates which were taken from them, and return the the Gild of all the Blood that hath been shed in the Irish Wars, upon their own Heads, as being the Aggressors. These things are so Obvious, that I believe, there are many of you that can have no good Opinion of Mr. Molyneuxes Book, yet I am told that there are others, and some of good Rank among you, that are very fond of it: does indeed with respect to you carry the face of a Popular Argument, and is artfully written; and he that can take the Latitude of advancing his own Imaginations and mistaken Conjectures with the Confidence of Realities and Certainties, suggest Falsities with the utmost Assurance, and omit Material Truths; may impose much upon an unwary Reader, especially if be thinks what's offered is for his Interest. Quod volumus, facile credimus. But any thoughtful Man, that will give himself leave to Consider it impartially, will find it to be one of the weakest and most mistaken Books that ever was written with such a flourish of Language, and show of Learning and Integrity. The Story of King John's being made an absolute Independent King, is the main Prop on which he lays the greatest stress of his Reasoning, and yet it proves but a mere Imagination: The Writers indeed of these Times do say, he was made King of Ireland, but it looks but like a Compliment to him, for the Grant itself shows plainly that 'twas but feudatory Donation, and that 'twas never intended to make him an Independent King, because he was limited to use no higher Style than that of Lord of Ireland. Mr. Molyneux also deals very unfairly in many other particulars, and it appears that he had more regard to the point he contests, than to discover the genuine Truth of the matter; for he hath not only stretched in favour of his Argument beyond what any Authorities can warrant, but he has also concealed divers obvious Instances that make against him; of which I shall observe to you some Particulars, that have occurred to me since I had gone through with my Answer: I have accidentally met with Sir Richard Bolton's Statutes, (which he quotes) wherein I Observe, 28 H. 8. Ch. 2. Ch. 8. Ch. 19 33 H. 8. Ch. 1. that there are several Acts that declare in most express Words, that the Kingdom of Ireland is appending; united; knit, and a Member rightfully belonging to the Imperial Crown of England: And yet Mr. Molyneux observes this to us with such a Diminution, as represents it but as it were united, and which he conceives effects no more, than that Ireland shall not be aliened or separated from the King of England; etc. but I cannot imagine that he is so ignorant of our Constitution; as not to know, that we can have no Notion of uniting or annexing to the Imperial Crown of England, as appropriated to the King's Person, distinct from the Kingdom, which if it can be sense any where else, is yet perfect Nonsense in England. But I have met with one Prevarication so notorious, that I must not omit showing it: Mr. Molynex in page 41. hath these words; For the Dominion and Regality of Ireland was wholly and separately vested in King john, being absolutely granted unto him without any Reservation. And he being created King in the Parliament at Oxford, under the Style and Title of Lord of Ireland, enjoyed all manner of Kingly Jurisdiction, Pre-eminence and Authority Royal, belonging to the Imperial State and Majesty of a King, as are the express words of the Irish Statute, 33 H. 8. cap. 1. I must confess, that I believed that this Statute had been as express in the matter as he delivers it, but 'tis so far from it, that there is no mention made of King John, or his Grant in it: The words of the Act are, Forasmuch as the King our most gracious Sovereign Lord, and his Grace's most noble Progenitors, Kings of England, have been Lords of this Land of Ireland, having all manner of Kingly Jurisdiction, Power, Preeminencies, and Authority Royal, belonging or appertaining to the Royal Estate and Majesty of a King, by the Names of Lord of Ireland. We deny not, that King Henry the Eighth's Progenitors, the Kings of England, had this Royal, Sovereign Authority over Ireland; but his Insinuation, that John had it before he was King of England is plainly false, and not warrantable by this Statute. Again, he mightily imposes upon the World, in asserting, That before the Year 1641. there was no Statute made in England, p. 99 introductory of a New Law, etc. but those which he had beforementioned: And though while I am dealing with Mr. Molyneux, I confine myself to mention no Authorities but his own, yet I will here presume for a proof of his Ignorance or Disingenuity, to name some other old Acts binding Ireland, which have been imparted to me by a very Learned and Observing Gentleman of our House of Commons, whose Credit I can rely on, without troubling myself to search the Records; and I doubt not but Mr. Attwood hath been much fuller in this particular, though I deny myself the reading his Book till my own be perfected. The Statute of York, 12 Ed. 1st. Enacts Laws to be observed in England and Ireland; 11 Ed. 3. cap. 3. Prohibits any clothes to be brought into England, Ireland, Wales, and Scotland, (for we then claimed a Dominion over Scotland also) but such as were made in the King's Dominions, upon pain of Forfeiture; 27 Ed. 3. Erects Staple-Towns in Ireland; 34 E. 3. cap. 17. Enacts, that Merchants, Aliens or Denizens, may come into Ireland with their Merchandise, and freely return; 43 Ed. 3. cap. 1. The Staples of Ireland, etc. shall be kept at the places where they were first ordained; 1 Hen. 6. cap. 3. Enacts that the Irish, that have Benefices or Offices in Ireland, shall abide there upon their Benefices and Offices, upon the pain of forfeiting the Profits of their Benefices and Offices for the Defence of Ireland, and mentions the like Law made the 1st. of Hen. 5th. From these and many other instances, it evidently appears, that England hath always exercised a Legislative jurisdiction over Ireland, whenever fit Occasions have made it necessary. I have also seen the Irish Acts of Settlement and Explanation, and though Mr. Molyneux says, that they plainly show, that the Parliament of Ireland may repeal an Act passed in England, yet I find nothing like it in those Acts; but on the contrary, the King's Declaration, which is of the Body of the Act of Settlement, although it takes Notice that the Estates and Possessions enjoyed by the Adventurers, would prove very defective, if they were examined by the Letter of the Law, because they had not strictly pursued and observed those Acts of 42, from which they derived their Title; yet 'tis made the first Business of this Act, to confirm these Adventurers in the Inheritance of all the Estates allotted them by virtue of those English Acts of Parliament; and 'tis provided, that if they should be obliged to restore any of those Lands to Innocents', they should be first reprized to the full Value out of other forfeited Lands. What more could be desired, to show the utmost regard to those English Acts of Parliament? 'Tis true indeed, that the Act of Explanation retrenches one Third of the Allotments made to the Adventurers; but this could not be construed as any Breach upon the English Acts, for if they had taken a greater share, than the Lands that remained forfeited would amount to, 'twas but reasonable to reduce them to a just proportion: So that here again Mr. Molyneux hath evidently strained this Suggestion beyond the Truth of the Fact. I have indeed, remarked these things at large in their places, but as some more perfect Informations have since come to my Hand, I thought they might not improperly be hinted here, for the obviating the too great Opinion of Mr. Molyneuxes performance, with which some may yet remain praepossessed, and preparing them to entertain my Answer with the less prejudice. I have heard indeed, that 'tis not to Mr. Molyneux alone that we are beholding for this Notion, but that it hath for several Years passed been talked on among several of your People, and he hath only reduced it into form, and now at last brought it forth into the World; and you may observe by the Votes of our last Parliament, that they were of the Opinion, that several Resolves of your House of Commons gave Encouragement to the publishing of this Book. But I would yet hope, that many of that Assembly were not so far apprized of the Matter, as wittingly to Design the doing any thing that should give so great an Offence to England: Yet I can assure you, from the Conversation I have had with several of the Members of our House of Commons, that although they had not Leisure to proceed further upon this Business in their last Sessions, 'tis however very probable that it may be taken into Consideration again by the ensuing Parliament, as a Matter which if it be not checked in time, may produce very ill Effects: And you cannot but be sensible of the Dangerous Consequences of breaking the fair Correspondence and firm Confidence that ought always to be maintained between the Head Government and its Members; and that when Misunderstandings and jealousies are once entertained, they are too apt to be improved into Extremes on both sides. You know also, that you have an Old Enemy near you, who would be ready enough to entertain hopes of Advantage to themselves from any such jarrings: And you must needs acknowledge, that 'tis an imprudent thing to provoke those that have not only Right, but also Power to support it. It hath been an usual Policy with some other Governments, to keep so strict a Hand over their Colonies, as not to suffer the Criolians, or People born there, to bear any Considerable Office or Command therein; but the Government of England hath not dealt so hardly by you, and doubtless it will be always your Interest to prevent the giving any Occasion to distrust your Fidelity, and to think it may be needful to treat you with more Caution. I should think therefore, that you cannot do yourselves a greater Right, than in the next Sessions of your Parliament, not only to Censure this Book, but utterly to Disclaim also the Notion of your being a Kingdom so absolute within yourselves, as to be wholly independent of the Kingdom of England; I hope I have been able in my following Discourse, to Convince any reasonable Person that it cannot be so, and that instead of doing you any good, 'twould tend to your Destruction to have it thought so: Yea, and if you should Recognize yourselves to be a Colony of England, (as I have shown that you cannot be looked upon under any other Consideration) I believe nothing can be more agreeable to your Circumstances, or better support your Title to what you enjoy in that Country. It would also be well worth your Thoughts, whether it might not be fit for you to show your Readiness to Contribute something, according to your Ability, towards the Reimbursing of England a part of the vast Charge they have been at, in recovering that Country, and restoring you to your Estates; whereby you may possibly prevent the Parliament of England's requiring it of you; for I can tell you, that since Mr. Molyneux hath started the Thought, some of the most considerable Members of our House of Commons have talked on't. I have no ill will to Ireland, I have had the Honour to have been in Conversation with many of you, for whom I have the utmost Respect and personal Esteem, and I have been sorry to see so much of an Inclination in some worthy Persons, to favour this Opinion of Mr. Molyneux. The sense of Power and Profit prevails much upon Humane Frailty; nay, it easily subdues our Reason, and makes us unwilling to entertain Convictions against what we have believed to be our Interest; but I have endeavoured to show those that are misled in this Matter, that it can by no means be their Interest to be freed from the jurisdiction of the Parliamentary Authority of England: You know that you are not able to protect and defend yourselves against the Rebellions of the Irish, and that the Kings of England cannot raise Money upon the People to help you, without their Consent in Parliament; would you have them then only to have Authority to raise Money, and appropriate it to your Service, without having any more to do with you? Or can you think, that the Parliament of England will ever more assist you upon those Terms? rather may they not with good Reason demand a Reimbursement of what Mr. Molyneux owns to be due to us for former Assistances? which would doubtless amount to a greater sum than you are ever able to pay. People that do good Offices, expect at least a grateful Acknowledgement from those that receive them: We have never been sparing of our Blood and Treasure, to help you in your Distresses, and yet 'tis too well known, that many of your People have been apt to speak very stightingly of what we have done for you, and to tell us, that what we did was not out of regard to them, but to ourselves: And since the Bill designed to restrain you from spoiling us in our principal Trade of the woollen Manufacture, by underselling us in Foreign Markets, we have been sharply reflected upon in print, as if we were about to ruin and undo you, and even deny you Earth and Air, and the common privileges of Mankind: Nay, we were after a sort Threatened with the Danger of your joining with some other Interest than that of England, or of your quitting the Country, etc. and even Mr. Molyneux hath given some touches upon the same string: Give me leave to tell you, that this is not looked upon as a modest or friendly Behaviour, much less does it denote any sense of Gratitude retained in a People that were so lately Relieved by England, and restored to the enjoyment of plentiful Estates, which they must never have expected but through the Help of England; and this hath been done wholly at our Cost, and they have not (hither to) been asked to Contribute one Penny towards it; some People would not surely have so soon forgotten so great a Benefit. I am yet desirous to reason a little with you upon this Matter, but 'tis hard to use so much plainness as is requisite, without giving Offence to some, which I would as far as possible avoid, my Design being real Friendship and goodwill to you, and I should rejoice if I might be instrumental to Reconcile you to an even Temper of Mind; but that's hardly to be done with such as shall persist to be of the Opinion that they are altogether in the right: Suffer me however to tell you, that you have ways enough to employ your Poor, without the Woollen Trade, which with you (as to those sorts that hurt us) is a New Undertaking: You have large and encouraging Improvements arising from the product of your Lands; your great quantities of Provisions, Butter, Leather, etc. afford you a fair Foundation for Foreign Trade, besides you are very capable of a Linen Manufacture, if you will employ your Stock and Industry that way. On the other hand, England hath for many Ages, applied herself to the Woollen Manufacture, the poor are settled in it, and have no other way of Livelihood; she hath no means of gaining Wealth sufficient to support her Government without it; but your being able to work so much cheaper, must of consequence abate the prices to so great a degree, as that she cannot be able to hold the Trade; which in time will cause a decay of her Wealth and Power, draw inevitable Ruin upon her whole Empire, and involve yourselves in the same: Is it not easy then to determine, for whom 'tis reasonable to give place in this Contest? 'twas upon this Consideration, you have been restrained from exporting your Wools to any Country but England, and is not the necessity of restraining the Manufacture thereof much more cogent? Bear with me to say, that the evident reason of the thing is sufficient to convince all Mankind, that England must be perpetually obliged to preserve this Trade to herself; that she cannot suffer any of her Members to interfere with her in it, and that to advocate against so just an exerting of the Supreme Authority, shows only a self-seeking Temper, in Minds that would grasp all to themselves, without having any regard to the Wellbeing of the whole Community, of which they are but Members: You see the People of Romney-Marsh, are not willing to be hindered from sending their Wools to France, and the justice of the thing is as much to them as you, the only difference is, that they being within the Realm of England send Representatives to the Parliament; and yet perhaps they would have been as far from consenting as you, if they had not been over voted: But there would be no possibility of conserving Societies, if such Compulsions might not be exercised towards particulars. We must yet own that 'tis but a natural infirmity, for Men to be hardly persuaded into the right reason of things which they believe to be against their own Interest; nay, we find that they are too apt to be prejudiced against such who endeavour to convince them of their Mistakes; and as we observe that particular Persons are subject to prevailing Inclinations, so also there are Habits and Dispositions, that are in some measure peculiar to distinct Countries and People, from whence it hath been usual to give general Characters of the Inhabitants of particular Countries, according to the Virtues or Vices that have been noted to be most predominant among them; neither is it difficult to assign some natural causes, from whence such habitual Dispositions may proceed; for some instance whereof, I would offer the consideration of a Colony well settled in an abundant Country, where the People find very easy means of subsistence and improvement, and are in great measure exempted from the solicitious Cares and Difficulties of Life, that attend the Inhabitants of places that are more populous and fully cultivated; and where also they have been used to exercise a large Dominion and Power over the Natives, who have been always kept in a servile Obedience and Subjection to them, to a far greater degree than can be practised in a Country where the People enjoy a more equal share of Liberty: Is it not reasonable then to expect, that the Inhabitants of such a Colony may be naturally Generous, Hospitable, Free of Conversation, and of Courageous and Bold Spirits? These are Virtues, which every Body will commend; but is it not as natural for such a People, to be less ready to pay so entire an Obedience as may be required of them by their Superiors, and to be uneasy under any Checks, that may impeach them in the prosecution of such Advantages that they may find themselves capable of, without considering how prejudicial they may be to others? may there not be an aptness in such a People to be somewhat assuming, and to have a good Opinion of themselves? will there not be a proness to impatience, and forwardness to reflect, when any Contradiction is given them? may they not be likely to expect more regard from others, than is really due to them? Is it not probable, that they would be less considerate in giving Offence, than ready to take Offence at others? may not height of Spirit be nearer their Temper, than true Humility? Moreover, as they have no Concern in the transacting with Foreign Nations in matters of Government, they may be the less used to consider of the Nature and Reason of Political Managements, or to think how far it is incumbent upon a Mother Nation or Supreme Government, to regulate all her Colonies or Members, so as that the Tranquillity of the whole Empire may be best conserved; and perhaps they may be subject to forget the Obedience and Duty which must be perpetually owing from them to her: These are Humane Infirmities, that may be very naturally incident, to a People under the forementioned Circumstances; and I have met with ingenuous Persons who have been bred up in such Colonies, that have readily acknowledged, that their judgements have been much rectified in these matters, when they have come to see more of the World, and been made sensible of the better Accomplishments that are to be found in a more Polite Conversation; they may perhaps attain to a good pitch of School-Learning, but that can amount to no more than a very superficial Knowledge, in respect to the far greater improvement that is to be gained by reading the great Book of the World, and practising the ample Study of Men and Things. I am tender of putting these things too home, because I know that though Men should be brought to see their own Infirmities, but few can endure to be told of them; yet a Mariner will esteem him for a Friend, that warns him of the Rocks and Sands that lie in his way, and a wise man will never account such an one his Enemy, who over-perswades him into the right way, when he was confidently going on in the wrong. I am sure, I want not good Will to the People of Ireland, and I believe no Man that hath no concern there, can wish their Prosperity more than I do, and I am very sensible, that 'tis the interest of England to encourage them in all such improvements, as may conduce to their Happiness and Well being, provided they are such as may not prove highly prejudicial to herself. I shall think my pains in this Undertaking to have been very well bestowed, if I have been able to offer any thing that may convince you, that 'tis your undoubted Interest utterly to abandon the Thoughts or Desires of being looked upon by the Parliamentary Authority of England, to be a People wholly exempt from their jurisdiction: And as I know my Name is too inconsiderable to add any Authority to the Argument, I hope I may be excused in concealing it from the Odium of such, who may not discern the sincerity of my Intentions towards you in this Essay; and yet I will not doubt, but there are others who will believe me to be, as I am resolved upon all Occasions to the utmost of my Capacity, to render myself, Right Honourable, Honourable, etc. Your Real Friend, and very Humble Servant. AN ANSWER TO Mr. Molyneux. OF all the Freedom that hath been taken since the Liberty of the Press, we have scarcely seen so bold an Attempt as that of this Author, it being no less than to strike off from the Kingdom of England with a dash of his Pen, the whole Nation of Ireland, over which it hath exercised a just Dominion for many hundreds of Years; and yet I believe it will appear, that he hath not shown the want of Consideration more in his choosing an Argument of so dangerous a Consequence, than by his superficial, confused and mistaken way of managing it, the strength of any reasoning that he hath offered, being much more applicable to the Native Irish, with whom the Original Contract (if there were any such) must have been made, than to the British Protestants inhabiting among them. But it is to be considered, that the Political State of Ireland hath suffered very considerable Alterations since the first possession of it by the English; for though that first Submission of the Irish was so universal, as that the English possessed themselves of most of the considerable Towns, and settled far and wide in the Island, yet in after times, through the defection of the Irish, and the mixing and uniting of many of the Old English with them, that part which remained entirely under the English Obedience, came to be confined to a Narrow Compass, perhaps not above four or five Counties, which was till very lately distinguished by the Name of the English Pale, and the far greater part of the Country remained under many petty Dominions, possessed by the Irish Lords and great Men, who paid but very little Obedience to the Government of England; but on the contrary, some or other of them were almost continually giving disturbance to the English Government that was settled there, by which means they were shut out from having to do with the English in the Transacting of the Public Affairs of the Country; and the Reduction of them never came to any tolerable Perfection, till so lately as the Reign of Queen Elizabeth; so that indeed those Ancient Parliaments, and other Managements of the Public Affairs there, which Mr. Molyneux mentions, did scarcely operate further than among the English Settlements, which, as I said before, extended but to a small part of the Island. There was yet another great Occasion which made a very considerable alteration in the Administration of the Government of that Country, and that was the Change of Religion; for after the Reformation came to be throughly established, and the Roman Catholics were found to be continually designing against it, all of that Religion were excluded from having to do in Public Managements; and this shut out not only the Native Irish, but even the Old English, who mostly continued under that Profession. But Mr. Molyneux takes no Notice of the Distinctions that ought to be made of these different Interests, but that he may carry on his Point, blends and confounds them all together; as if they were to be considered alike, as one entire People, established and continuinuing upon the same bottom of Government. If then due Regard be had to these and other Distinctions, which must be observed upon his way of Arguing, I believe it will be found, that this doughty piece of Irish Learning will appear but a very indifferent performance. I would not however detract from any thing that may deserve applause, and therefore must commend his smooth way of Expression, and own him to be a good Master of Words, but yet to have applied them so ill, will still continue him under the Censure of being much wanting either in Integrity or Judgement, and makes this Book of his to deserve no better a Character than that of Vox & praeterea nihil. I have heard indeed, that some have been taken with the seeming Modesty and Submission with which he introduces his Discourse, as if it were but an innocent representation of the ancient Rights and Liberties of the People of Ireland, and a just Remonstrance of some Encroachments and Invasions made upon them by the Government of England; but if it shall appear, that the Kingdom of England hath a certain Jurisdiction over them, and that it hath never treated them otherwise than according to the Rules of Justice, and with such a due Policy as becomes every Supreme Authority to Exercise over all the Members of its Empire, for the Conservation of Peace and Tranquillity to the whole, and in that have not exceeded the Bounds of a reasonable and just Dominion; that part of the Empire that shall endeavour to withdraw themselves from the Subjection which they justly owe to the Supreme Government, that hath always protected and defended them, and shall challenge to themselves Immunities and Privileges, which never were or could be granted them, without prejudice and injury to the greater Body of the Government, deserve not to be considered as Assertors of their own Rights, but rather as Invaders of the lawful Authority which God hath placed over them; and certainly it must rather be Matter of Contempt and Derifion, than of Commendation, to see a Man treat his Superior with a strain of Fine, Smooth, Gentle Words, and Fawning Compliments, upon a Subject that is altogether imposing and odious to him. Thus much I thought requisite to premise, and so shall proceed to the Examination of his Discourse. In which I intent to take Notice only of such matters as I shall think most Observable. In his Dedication to the King, he Humbly implores the Continuance of his Majesty's Graces to them, by protecting and defending those Rights and Liberties which they have enjoyed under the Crown of England for above 500 Years, and which some of late do endeavour to violate. His most Excellent Majesty is the Common Indulgent Father of all his Countries, and hath an equal regard to the Birthrights of all his Children; and will not permit the Eldest, because the strongest, to encroach upon the Possessions of the Younger. Here is should be Noted, that by the Crown of England he must intend the Kings of England, as distinct from the Kingdom, (although I think this a very improper way of Expression) which is evident from his Simile of the Eldest and Youngest Child, as well as by the whole Design of his Argument; and this perhaps might have served the turn in making his Court to a Mac Ninnie; or a Prince fond of the Irish Nation, but it looks but like a course Compliment to his Majesty, to entertain him with a mere begging the Question, when he knows right well, at what a vast Expense of the Blood and Treasure of England, that Country was so lately (under his Glorious Conduct) reduced to its Obedience; and he is too Just and Generous a Prince to endure that any Parasite should persuade him, that any acquisition gained at the Expense of great Taxes raised upon the whole Body of his Subjects of England, and even appropriated by the Parliament for the particular Uses in which they were to be employed, can appertain to him in any propriety distinct and separate from the Imperial Crown of England. Neither is it reasonable for him to expect, that his Majesty should believe, that the Some he means, are about to violate their Rights and Liberties, without clearer Proof than any he hath brought. But it may be worth Inquiry, to know in what sense he brings Ireland in with us for an equal share of Birthright, allowing us no higher Privilege than that of being the Elder Child. If he means this with respect to the Old Irish, surely the many Disturbances they have given us, and the many Occasions we have had of reducing them by force of Arms, may fairly admit us to some higher Title over them; but if he means it of the English Inhabitants, they will certainly own themselves to be descended from England, and it would ill become them to start up and call their Mother by the Familiar Appellation of Sister. What he hints of encroaching upon their Possessions, cannot be taken to have any fair Meaning, unless he intends thereby to blame us for seizing the Estates of those that have been in Rebellion against us. In his Preface he tells us, How unconcerned he is in any particular Inducement, which at this juncture might seem to have occasioned his Discourse. He hath no concern in Wool or the Woollen Trade, he is not interested in the Forfeitures or Grants, nor solicitous whether the Bishop or Society of Derry recover the Lands they contest about. I believe seven Eighths of those Gentlemen of Ireland, that have been so busy in soliciting against the Woollen Manufacture Bill, might make as fair a Protestation as this, and yet it seems they thought themselves concerned in the Consequence of that Matter; but his Reach in this, is to show his Dislike of the Parliament of England's meddling with the Business of the Forfeited Estates, as well as the rest. He says, 'Tis a Public Principle that hath moved him to this Vndertakeing; he thinks his Cause good, and his Country concerned; 'tis hard if they may not complain, when they think they are hurt, and give Reasons with all Modesty and Submission: The Great and Just Council of England freely allow such Addresses; to receive and hear Grievances is a great part of their Business, and to redress them their chief Glory, but that's not to be done till they are laid before them, and fairly stated for their Consideration. 'Tis yet but a Private Principle, to become an Advocate for a part against the Whole; his Name shows him to be of English Extraction, and I know none of his Neighbours under that Circumstance, who don't reckon it a Privilege, that they may still own Old England to be their Country, and be owned by her, though they are permitted to live in Ireland if they please; what if they are not hurt, and the nature of their Complaint be such, as that it cannot be thought to be within the Bounds of Modesty and Submission? how could he be so fond of his Project, as to imagine that the Parliament of England would freely allow such an Address, which impeaches their own just Authority? They will never think the publishing a Book to the World, which is little better than Sheba's Trumpet of Rebellion, to be a fair way of stating Grievances; but that 'tis a part of their Business and their Glory, when they think it worth their while, to call such Authors to account for their Boldness. I begin now with his Book, which as near as possible I shall follow in order, and for the Authorities which he hath quoted, I shall leave them to him very little disturbed, but take them as he gives them, whether they are right or wrong, only making such Observations as may result therefrom, or from his own Reasonings. He begins with a very fine Compliment again to the Parliament of England, and then take upon him to give them Due Information in matters wherein (as he says) another People are chiefly concerned; Page 2. and tells them, that he could never imagine that such great Assertors of their own, could ever think of making the least breach upon the Rights and Liberties of their Neighbours, unless they thought that they had Right so to do; and that they might well surmise, if these Neighbours did not expostulate the matter, and this therefore, seeing all others are silent, he undertakes to do, (but with the greatest deferrence imaginable) because he would not be wanting to his Country, or indeed to all Mankind, for he argues the cause of the whole Race of Adam, p. 3. Liberty seeming the Inherent Right of all Mankind. Now it seems, from Children of the same Parent, we are become another People and Neighbours; the Irish may be said to be another People, though they have not been very good Neighbours to us sometimes; but the English we may justly challenge to be our own, and not another People; and we shall hardly admit them to be our Neighbours in such a sense, as that we should transact with them in Matters of Government, upon the same foot, and at equal distance with our Neighbours of France, Holland, etc. If they expect this from us, I hope they'll show us the respect of sending their Ambassadors to us, and do this Champion of their Liberties the Honour to let him be the first. Can he think the Parliament of England will believe themselves to be civilly treated by him, because of his fine Words, when he is Suggesting to the World as if they acted so unadvisedly in their Councils, as to proceed upon Surmises, and to take upon them to do what they do but think they have a Right to, when indeed they have none at all. But doubtless Manking will ever have a higher Veneration for those August Assembles, than to think them as subject to be mistaken in these Matters, as one presuming single Gentleman: But he argues for Liberty, the right of all Mankind: A Glorious Topick indeed, and worthy of the utmost Regard, especially from such great Assertors of it as an English Parliament: But if People should ask for more than ever was their Due, and challenge a Liberty of acting every thing they should think for their own profit, thought it were to the Damage and Injury of others; to grant this would be an Injustice, and a sinful Liberty may as well be pleaded for; such Expostulations as these are abominable, and to assume such an equality with our Superiors as was never granted us, is an Arrogance that might rather have been expected from 〈◊〉 Irish than an English Man. And after all this, 'tis not enough for a Man to say, If the great Council of England resolve the contrary, he shall then believe himself to be in an Error, and with the lowest Submission ask Pardon for his Assurance; and he hopes he shall not be hardly censured by them, when at the same time he declares his Intention of a submissive Acquiescence in whatever they resolve for or against: Such Subjects as these (as I have said before) are beyond the Bounds of Modesty, and cannot admit of any such Apologies. He comes now to tell us, the Subject of his Disquisition shall be, p. 4. how far the Parliament of England may think it reasonable to intermeddle with the Affairs of Ireland, and bind up those People by Laws made in their House. This is certainly a very odd stating the Question: What need has he now to inquire, since he knows already, how for the Parliament of England have thought it reasonable to intermeddle? Another Blunder as bad as this, is his Talking of Laws made in their House: Doth he not know, that our Laws are not made without the Concurrence of Two Houses, and the Assent of the King also, as the Third Estate? But we will take his Meaning to be, to inquire how far it may be reasonable for the Parliament of England to intermeddle, etc. and join Issue upon that. Next he gives us fix Heads, from which he undertakes to argue, that they can have no such power. For the First, He pretends to give us the History of the first Expedition of the English into Ireland, his Design being to show, That the first Adventurers went over thither (yet with the King's Licence) upon a private Undertaking, p. 6. in which they were successful; but that afterwards, when King Henry the 2d. p. 8. came over with an Army, the Irish generally submitted to him, and received him to be their King, without making any Opposition, from whence he seems to suggest that Ireland subjected itself only to the King, p. 12▪ but not to the Kingdom of England. But he should have considered, that the Government of England was a limited Monarchy, which was sufficiently acknowledged, even by William the 1st. (commonly called the Conqueror) in his Swearing to preserve the Liberties and Privileges of the People at his Coronation, and confirming the same to them by his Charter; and though he did indeed afterwards violate them in a greater measure than ever they had been before or since, yet neither he nor his Successors did ever take upon themselves to be absolute Monarches: The great Power and Prerogative of an English King then, can only be due to them as to the Supreme Magistrate and Head of the Kingdom, and not in any separate propriety annexed to their Persons, as distinct from the Commonwealth. If then Henry the Second carried over an Army of English into Ireland, it ought to be considered as the Army of the Kingdom; for it is held as a Principle with us, that no King of England may raise any Forces in this Kingdom, but what are allowed to be the Forces of the Kingdom. I am not here arguing whether ever any King did or did not take upon him such an Authority, but 'tis sufficient for me to offer, that he could not by right, and according to this Authors own way of arguing, what may not be done of Right ought not to be argued, or brought into Precedent; if our Rights have at at any time been invaded and usurped upon, this Nation hath had many Opportunities of Vindicating them, and we do not believe that what we enjoy at this day have been gained or Extorted from the Ancient Authority or Just Prerogatives of the Crown, but that they are due to us from the first Constitution and Time immemorial, and that such Violations which have been made upon our Constitution, by means of what was called the Conquest or otherwise, have been justly retrieved; so that in respect of Matters which regard the Right and Authority of the Kingdom, we may judge according to what is visible, and without Controversy admitted at this day: The Right and Reason of Things ever were, and ever must continue to be the same; according to these Principles then, can it ever be admitted, that any acquisition obtained in Ireland by an English Army, under the Conduct of King Henry the Second, could be appropriated to the King, distinct from the Kingdom? We do indeed freequently find in History, and we practise it no less in our Common Discourse, that the Name of the King is used by way of Eminency, to signify things done under his Authority and Conduct as Head and Chief, when it is never intended to be applied to his Person; for if I should say, the King of England took Namure in sight of the French Army, every Body would know that I meant the Confederate Army, under the Conduct of King William took it: In like manner we say, such a King made such Laws, when indeed the Parliament made them: And if it will but be allowed, that the Irish submitted to King Henry not out of fear to his Person, but for fear of his Army, I can make no doubt but that the Submission was made to him as King, and Head of the Kingdom of England, and not as Duke of Normandy. If he should lay stress upon their Submitting to the King and his Heirs; that can import no more than what the Words used at this day, to the King, his Heirs and Successors, do better explain. The Second Argument is to show, p. 12. That Ireland may not properly be said to be conquered by Henry the Second, or in any succeeding Rebellion. I shall not dispute with him in how many differing Senses the Word Conquest may be taken, I will grant to him that Ireland was not Conquered by Henry 2d. in such a sense as to enslave the People, or subject them to an absolute Power, and yet for all that, the Word Conquest (meaning a forcible gaining) is much more applicale to Henry the Second acquisition of Ireland, than to William the First's obtaining the Crown of England; he had a pretence, and came not to Conquer but to Vindicate his Right; he was encouraged to come over, abetted and assisted by a great Number of the People, who hated Harold's Government; he fought against Harold (who was not generally consented to by the People as a Lawful King) and his Abettors, but not against the Body of the People of England; he pursued not his Victory like a Conqueror, but received the chief of the People that came to him with Respect and Friendship; they chose him for their King, he swore to conserve their Laws and Liberties, and to govern them as their Lawful Prince, according to their own Form of Government. On the other hand, King Henry had no such Pretence of Right to the Kingdom of Ireland; his Descent was a prrfect Invasion; he was not called in by the People of Ireland, and his Business was nothing else than to Conquer and Subdue the Kingdom: 'Tis true, the People made no Opposition, but 'twas because his Power was dreadful to them; what's the difference between yielding to an Invader without fight, or after the Battle, more than that one shows want of Courage, the other of Success? but are not both alike to the Gainer, when he hath got his point? The Irish made no Terms for their own Form of Government, but wholly abolishing their own, they consented to receive the English Laws, and submitted entirely to the English Government, which hath always been esteemed as one of the greatest Signs of a Conquest: But if he will be satisyed in what sense the People of that time understood it, let him but look again into his Giraldus Cambrensis, and see how he can translate the words, Hibernia Expugnata; and what's the Meaning of Qui firmissimis, p. 9 fiidelitatis & subjectionis vinculis, Domino Regi innodarunt? But what may put it out of all doubt, that the Body of the People of Ireland made an entire Submission to the Kingdom of England, in the Person of King Henry the Second, p. 10. is his own Quotations; Omnes Archiepiscopi, Episcopi, & abbots totius Hiberniae, receperunt eum in Regem & Dominum Hibernieae, jurantes ei & haeredibus suis fidelitatem, et regnandi super eos potestatem in perpetuum, et inde dederunt ei Chartaes suas, Exemplo autem Clericorum, praedicti Reges & Principes Hiberniae, receperunt simili modo, Henricum Regem Angliae in Dominum & Regem Hiberniae, et sui devenerunt, et ei et Haeredibus suis, fidelitatem contra omnes iuraverunt. And in another, Nec alicujus fere in Insula vel nominis vel ominis erat qui Regiae Majestati et debitum Domino Reverentiam, non exhiberet. And yet after he hath made these and more such like Quotations, 'tis strange to see the same Man come and say, p. 17. From what foregoes, I presume it appears that Ireland cannot properly be said so to be Conquered by Henry the Second, as to give the Parliament of England any jurisdiction over us. He makes out an entire Submission to the King of England, and yet allows no Jurisdiction to the Parliament of England. Let him show us if he can, by what Right a King of England may take to himself a separate Dominion over a Country, brought into Subjection by the help of an English Army, so as that it shall be no way subjected to the Parliamentary Authority of England: But such arguing as this, must either render him very Ignorant of the Constitution of our Government, (which I believe he would not be thought) or wilfully guilty of maintaining an Opinion destructive to the Rights and Privileges of the People of England. I think him very much out, in asserting the Rebellions of Ireland to be of the same Nature with the Commotions that have happened in England: However Historians may make use of the word Rebellion, to please the Party that's uppermost, yet there's an easy distinction to be made between a Rebellion and a Civil War; when two Princes contend for the Supreme Government, and the People are Divided into opposite Parties, they fight not against the Established Government of the Kingdom, the Dispute being no more but who hath most right to be in the supreme administration of it: Or if the People find themselves oppressed, and their Liberties and Properties invaded by their Prince, and they take up Arms to restore the Government to its right Basis; in both these Cases it may most properly be termed a Civil War; and of these kinds have been the Ruptures in England which he instances: But if People who live in a settled Commonwealth, where the Laws made or consented to by their Ancestors are in force, and Justice is duly administered, shall take up Arms to Oppugn the Legal Authority placed over them, to overturn the Government, and assume to themselves Liberties and Privileges prejudicial to the Common Good, or to dethrone a Rightful Prince, who hath governed justly; this in its very Nature is a Rebellion. I am not ignorant, that all contending Parties pretend to be in the right, and that they take up Arms justly, and none will own themselves Rebels, unless they are forced to it; but yet 'tis evident that there is a real Right and Wrong in these things, and there have been many Instances in which the Impartial World could easily judge where the Right lay. If it be not so, I leave it to this Gentleman to furnish the World with some other good Reasons, why the Old Irish and Ancient English have been so severely handled in that Kingdom. His Third Inquiry is, p. 18. What Title Conquest gives by the Law of Nature and Reason? Mr. Molyneux hath shown himself a good Advocate for the Irish in what foregoes, but if he had been a General in the Irish Army, I see not what more powerful Arguments he could have chosen, to stir them up to fight Valiantly against the English; than by telling them, p. 18. as in effect he doth here, That the first Invasion of the English upon them was altogether unjust; that Henry the second was an Agressor and Insulter, who invaded their Nation unjustly, and with his Sword at their Throats forced them into a Submission, which he could never thereby have a Right to; p. 22. that Posterity can lose no Benefit by the Opposition which was given by their Ancestors, p. 24. which could not extend to deprive them of their Estates, Freedoms, and Immunities, to which all Mankind have a Right; p. 20. that there is scarce one in a thousand of them, but what are the Progeny of the ancient English and Britain's: p. 19 If the Irish were Conquered, their Ancestors assisted in Conquering them, and therefore as they were descended from these Old English, they could never be subjugated or brought under the Modern English. This is the Substance of his own Discourse, p. 21. and according to his own Notions of the Freedoms and Immunities to which all Mankind has a Right, he might have told them in consequence, that 'twas their Duty to exert their own Rights and Liberties, expel the English out of the Nation as Invaders, and make themselves and their Posterity as free as any of the rest of the Sons of Adam. Any one may judge of this Gentleman's Discretion, by his publishing such Notions as these among the Irish, with whom perhaps they may be taking, but the People for whom he designs his Discourse won't be so easily caught with his Sophistry. He grants us, p. 25. that the Practice of the World may not come up to the Rectitude of his Doctrines, but he is enquiring what Right they have to what they do practice. Well we have the World of our side at least, if after a Possession of above 500 Years, we don't now much trouble ourselves to inquire what Right Henry the 2d. had to Invade Ireland with an English Army. I wish I could find out the Posterity of those O's or Mac's, that were heretofore the rightful Possessors of the Lands which this Gentleman now enjoys in Ireland, and which they never parted with for any Valuable Consideration; only to see, whether he would so much outdo the rest of the World, as to practise his own Principles, and very fairly give up his Lands to them, as to the right Heirs at Law. But to Dispute a little with him about this Matter: The End of all Government is for the Benefit of Mankind, many Nations have been subdued and conquered for their own good, and whoever hath been an Invader that way, hath done them Right and not Wrong: So did the Romans, Conquer People from under the Power of Tyrants and Oppressors, Barbarism and Ignorance, to make them Members of the best and freest Government in the World, and to Civilize them into good Manners and Useful Arts; and thus is Henry the second's Invasion of Ireland to be justified and commended: He began to rescue the People from the Oppressions and Violences of their own wild Princes, and the Blood and Rapine to which they were frequently exposed, upon every Quarrel and Invasion of so many Petty Monarches, and from which in process of time they were totally delivered by the Authority of England: He gave the People the English Laws, constituted Parliaments, and the English Form of Government, to this, by his own Confession they freely submitted, and doubtless they were convinced that 'twas for their Good: But no History tells us, that he reserved not the Direction of the State to England, and constant practice all along shows the contrary. His plausible Arguments for the Liberty and Right of all Mankind; that Conquests can't bind Posterity, etc. are wholly misapplyed in this Case, and he abuses Mr. Lock, or whoever was the Author of that Excellent Treatise of Government, in referring to that Book on this occasion; for that Worthy Gentleman doth therein argue the Case of People whose just Rights are violated, their Laws subverted, and the Liberty and Property inherent to them by the Fundamental Laws of Nature, (which he very accurately describes) is invaded and usurped upon, and that when this is as Evident and apparent as the Sun that shines in a clear day, they may then take the best occasion they can find to right themselves. This is a Doctrine that all good Men may assent to, but this is in no wise the Case of Ireland; they did as he owns receive (and 'twas to their own Advantage) the English Laws, and swear Fealty to the King (that is, to the Government) of England, and did reciprocally receive from him the Privilege of being admitted to be free Denizens of England, whereby they evidently gave up themselves to be incorporated into, and become Members of the English Empire; and to this day they remain to enjoy the Liberties and Privileges of Freemen of England, unless there happen to be such as have forfeited the same according to the Municipal Laws of the Government; but he endeavours to evade the possibility of their Forfeiting, by suggesting as if they were to be considered as a Different, p. 22. Contesting Nation: p. 23. And therefore, 'Twould be unreasonable to put the Municipal Laws of particular Kingdoms in Execution between Nation and Nation in the state of Nature. If a Nation that once was distinct, consent to imbody itself into the Government of another that is more powerful, receive its Laws, and submit to its Constitution without reserve, may they ever after be looked upon as in the state of Nature, or shall they not rather be esteemed as a Member of the greater Body, and be held to obey all such Ordinances as are calculated for the Good and Welfare of the Whole? If after this, without any Breach made upon them on the part of the Greater, they shall endeavour to withdraw themselves from the Subjection they have sworn to, and shall take up Arms, and commit Hostilities upon their Fellow-Subjects, may not this be called a Rebellion in a settled Commonwealth? and have not the Municipal Laws of the whole Empire brought them under the Forfeiture of Life and Estate? doth the being separated at a small or greater distance by Sea, (as Islands must be) separate them from continuing Members of the Commonwealth to which they were once joined? If these things are to be brought in Question, the English of England and Ireland both, must have much to answer for to the Ancient Irish. Yet I am in no doubt but that the English have so fairly administered the Government, as that they can well justify themselves in all the Severities that they have been forced to exercise upon the Irish, as justly drawn upon themselves by reason of their Rebellion: Have we not always owned them to be Freemen of England, and allowed them the same Privileges as English Men? have they not been permitted to exercise all Offices, Ecclesiastical, Military, or Civil, with the same Freedom as English Men? If since the Reformation, the Roman Catholics have not been suffered to act in the Government, have not the Roman Catholics of England been as much restrained? Nay, have not the Irish been much more indulged in the Exercise of their Religion by Connivance, than those of England? These Treatments towards them, have given no Occasion to this Author to trouble himself so much, in enquiring into the state of Slavery, and the Terms that Just or Unjust Conquerors may or may not use, for 'tis not in the Case. The Premises considered, methinks, he should grant us that some of the Disturbances the Irish have given us, at least the Massacres committed upon their Fellow Subjects, (of our own Blood) should not be reckoned as fair warring between Nation and Nation; but that they might very well be accounted as Rebellious; and then why may not our subduing them, give us the Title of Rightful Conquerors over them? and if upon such delinquencies we had abridged their Posterity in some of those Privileges granted to their Ancestors, upon their first coming in to us in Henry the Second Time, we had done no more than what he owns Conquerors commonly do: And yet we have not put any such hardship upon the Posterity of those People, for the fault of their Rebellious Fathers; I know not that any Irishman, quatenus an Irishman, is at this day denied any of the Privileges that an Englishman can challenge; if he be a Delinquent, or a Roman Catholic, he is used no worse than all Englishmen that are in the same Circumstances: If we have slain, executed or banished the Persons of those that have been actually in Rebellion, and seized their Estates as forfeited, this is no more than what he himself hath taken pains to prove may be done by the Laws of Nature, or the Municipal Laws of Kingdoms: Where's then any room for Complaint, or reason for his Elaborate Arguments, on a Subject that does not concern us? The Author by saying so much that directly reflects upon what hath been acted by the English in Ireland, hath given me the Trouble to say thus much for the Vindication of them (and among the rest, I suppose his own Ancestors) in their Conduct towards the Irish, and to show how well they have kept to the Original Capitulation on their part: But I cannot end this Head without takeing Notice of his Remark, that Even a Just Conqueror gains nothing over those that conquered with him, p. 19 and fought on his side: Why should he trouble the World with Arguments, to establish a Position that no Body ever denied. But if the Progeny of the Old English, that served under Henry the Second in the Conquest of Ireland, have since joined with the Native Irish in any Rebellion against their Mother Country, their Crime is greater than that of the Irish; and yet would he have us still treat them as Conquerors of our side, when they are fight against us? Certainly this must forfeit all the Regard that was owing to them for the good Services of their Ancestors, and justly entitle them to the same Treatment that is due to other Rebels. Yet for all this, p. 20. If he or any Body else (as he proposes) claims the like freedoms with the natural born Subjects of England, as being descended from them: I know no body that will deny them to him, if (as I said before) he be of Capacity, and qualified as the Law now requires: He may come here, and even be a Member of our Legislature, (if he can procure himself to be chosen) as many others of that Kingdom always are: And let him for ever hereafter remember, that we receive them, and treat them all as equal Members of the same Body with ourselves; and if it be at any time requisite for the good of the whole, that we should Enact any thing binding upon Ireland, we do it not in respect of their Persons, but in regard to that part of the Empire they live in; and if I myself (or any other Englishman) should think it for my Interest to become an Inhabitant there, I must be as subject to it as he is. His Fourth Proposition is, p. 27. If a Conqueror just or unjust, obtains an Absolute, Arbitrary Dominion over the Conquered, so as to take from them all that they have, and to make them and their Posterity Slaves; whether yet if he grants them Concessions, bounding the Exorbitancy of his Power, he be not obliged strictly to Observe those Grants? I have shown before, that he had no reason to aggravate the Question to such Extremities in our Case, because we have never pretended to exercise so Arbitrary a Power over the People of Ireland. He goes on then, p. 28. To show by Precedents, Records and History, What Concessions have been granted them; by what steps the Laws of England came to be introduced into Ireland; he would prove, that anciently the Parliament of England was not thought to have any Superiority over that of Ireland: And gives his Answers to what Objections are moved upon this Head. But I believe we shall find this as little to the purpose as the former. He might have spared his pains in taking up so many Pages to convince us against all Objections, that Henry the Second did establish the English Laws and Form of Government in Ireland; p. 29. p. 30. that he gave them a Modus tenendi Parliamentum; p. 32. that an Exemplification of it made in Henry the Fourth's Time was extant; Nay, that They believe they have found the very Original Record of King Henry the Second, p. 35. and to give us so ample an Account through whose Hands it hath passed; it may be really so, or may be not so, p. 36. for all its Venerable, Ancient Appearance, we can conclude with no more Certainty than he leaves it, only we may believe from the Credit of the Arguments produced by his Nephew, Samuel Dopping 's Father, the Reverend and Learned Doctor Dopping, late Bishop of Meath, that this old Modus was found in the Treasury of Waterford by my Lord Longford's Grandfather. My Reader may perhaps think me as impertinent in this Repetition, but I do it to show that I have in this abbreviated about nine of his pages, which offers no more of Argument to the Matter, than that Henry the Second settled the Kingdom of Ireland under the very same Coustitution of Government with England; and this we should as readily have granted as he could have proposed; and 'tis sufficiently to our purpose that he hath abundantly proved; p. 37. That all Ranks and Orders of the Irish did unanimously agree to submit themselves to the Government of the King of England; That they did thankfully receive the Laws of England, and swear to be governed thereby; and I know not what hath released them from any part of that Obligation to this day, himself owning, that There can't be shown a more fair Original Compact, p. 38. than this between Henry the Second and the People of Ireland, and we have desired no more from them, than that they should continue to be so governed. He tells us, p. 38. It is manifest, that there were no Laws imposed on the People of Ireland, by any Authority of the Parliament of England, nor any introduced by Henry the Second, but by the Consent and Allowance of the People of Ireland, and that both the Civil and Ecclesiastical State were settled there, Regiae Sublimitatis Authoritate; not only this, but the manner of holding Parliaments also, to make Laws of their own, (which is the Foundation and Bulwark of the People's Liberties and Properties) was directed and established there by Henry the Second, as if he were resolved, 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. Was it fit for the King to have carried a Parliament about with him? or because he had not a Parliament there, must it follow therefore, that their Authority could never have any concern in what was done? The King was now abroad with the Forces of the Kingdom, and 'tis not to be supposed, that his own Authority was not sufficient to make Terms with the Enemy if they submitted; we do not pretend that the Power of our King is limited at that rate, yet whatever Submission is made to his Person on such Occasions, is doubtless virtually made as to the Supreme Authority of the Kingdom, and that I believe every Body will allow to be in our Constitution, the King, Lords and Commons, in all whom the Legislature resides, and not in either separate from the rest. The King may be said to be vested with the Power of the whole, in the Civil and Military Administration of the Government, and yet whatsoever is acted or acquired under his Authority as King of England, must doubtless be esteemed to be for the Account of the Nation, and not in any Propriety peculiar to himself. To talk then, As if the Parliament had nothing to do in this Transaction, and that King Henry the Second acted in it as if he were resolved that no other Person or Persons, should be the Founders of the Government of Ireland but himself, is Language not becoming an Englishman; and I wonder that this Author could have so little Sense of what he was about, when he said this, for in the very next Paragraph (but one) he gives us an Instance, which shows beyond all Contradiction, that King Henry himself had no such Opinion of his own Separate Authority. And now he comes to the Matter, and tells us, that King Henry about the 23d. p. 39 Year of his Reign, and five Years after his Return from Ireland, creates his Younger Son John King of Ireland, p. 40. at a Parliament held at Oxford; and that by this Donation Ireland was most eminently set apart again, as a separate and distinct Kingdom by itself from the Kingdom of England, and did so continue until the Kingdom of England descended and came unto King John, after the Death of his Brother Richard the First, which was about 22 years after his being made King of Ireland; during which time, and whilst his Father and Brother were successively reigning in England, he made divers Grants and Charters to his Subjects of Ireland, wherein he styles himself Dominus Hiberniae, and in some Dominus Hiberniae & Comes Meritoniae; by which Charters both the City of Dublin, and divers other Corporations, enjoy many Privileges and Franchises to this day. We know that divers of our Kings have at several Times granted out Parcels of their Dominions to their Sons or Subjects, and endowed them with many Royal Privileges, yet always as Feudatories of the Empire, after the same manner, so much anciently practised in most Kingdoms of Europe; such have been in England, the Principality of Wales, the Counties Palatine of Chester, Lancaster and Durham, and what was much less considerable than these, the Isle of Man was given with the Title of King in Man, (which was more than King john had) which continues in the Earls of Derby at this day. In like manner also have Proprietoryships been granted to the Settlers of Colonies in America in our time; and such and no other was this Grant of King Henry the Second to his Son john; but what is very remarkable in this Case, is, that this Grant was made in Parliament. Did ever Man so expose himself in Print? what he hath been endeavouring to prove, is, that the Irish were never so conquered by Henry the Second, as to give the Parliament of England any Jurisdiction over them, and yet here he tells us, that this same King Henry created his Son john King of Ireland, in a Parliament at Oxford; which to word it in the Style of this time, is to say, that about the twenty third Year of Henry the 2d. an Act of Parliament was made at Oxford, by which john, the younger Son of the said King, was Created King of Ireland. Is it possible to think upon a greater Instance, in which the Authority of a Parliament over a People can be exerted, than this of creating a King to rule them, and that without ever ask their Consent? and is it not plain from this, that King Henry himself did never esteem the Submission of the Irish to have been made to him in respect of his Person, (according to this Author's New Doctrine) but in respect of the Kingdom which he governed? otherwise, why did he not make a King of Ireland by his own Authority, rather than thus eclipse his Power and Right, (if he had it) by submitting it to be done in Parliament? and I think if I should stop here, and give myself no further trouble, to trace him through the rest of his tedious, tho' shallow Arguments, all impartial People would be satisfied in these Four Points, That the ancient Irish did entirely submit their Nation to become a Member of, and be united to the English Empire; That the Parliamentary Authority of England hath ever obtained over all the parts of its Dominions; That they have exercised this Authority over Ireland even from its first Union to this Kingdom; and, That the Irish understood their Submission in this sense, and paid Obedience to this Act of an English Parliament without regret. But since I have undertaken it, I must go through with him. This Creation however, as barely mentioned by him, is not Authority enough for Mr. Molyneux to conclude positively, p. 40. that, By this Donation Ireland was most eminently set apart again, (he seems then to grant that 'twas at first united) as a separate and distinct Kingdom by itself from the Kingdom of England. He produces no Record for this, nor any authentic Authority; what he offers like Proof for this perfect separate Regality, is only the granting Charters whilst his Father and Brother were reigning, but that's no more than what hath been commonly practised by other Feudatories, and proves nothing of John's having an absolute independent Jurisdiction. But he attempts further, and tells us, The very express words of the Irish Statute, p. 41. 33 Hen. 8th. c. 1. by which the Style of Dominus was changed to that of Rex Hiberniae, are, And he (meaning K. john) being created King in the Parliament at Oxford, under the Style and Title of Lord of Ireland, enjoyed all manner of Kingly jurisdiction, Pre-eminence and Authority Royal, belonging unto the Imperial State and Majesty of a King. Hitherto I have not disputed any of the Authorities quoted by Mr. Molyneux, but here he must Pardon me, if I tell him, that if this will pass for an Authority in Ireland, yet it will not with us: 'Tis only an Irish Act of Parliament, made as late as Henry the 8th's time, that presumes that K. john did enjoy all manner of Kingly Jurisdiction, etc. without referring to any Record that was extant for proving that Assertion: So that this Irish Act of Parliament is at most but a Presumptive Authority, and therefore he ought not to think that we can be so far imposed upon, as without better Proof than so saying, to grant that King Henry the second, and King Richard the first, disclaimed all Title to the Dominion and Regality of Ireland, as if the same had been absolutely, without any reservation, vested in King john: Besides, even this Act of Parliament does not use the words Absolute and Independent. But after all, though none of these Proofs will stand good on Mr. Molyneuxes side, I'll show him, that this whole Business undeniably proves on t'other side, that King john could at best be made no more by this Donation than a Feudatory Kingly Lord, as I have said before. Mr. Molyneux hath told us, that King john in his Charters could not use any higher stile than that of Lord of Ireland; can any Body believe, that a Prince wholly and separately vested in a Dominion and Regality, p. 41. absolutely granted unto him without any Reservation, (as he says King john was) would content himself with any lower Title than that of King, unless he had been limited in it by a Superior Authority? and was not that like to be this Act of Parliament? Can an Act of Parliament be said to make a King absolute and Indedendent, when at the same time it keeps a reservation of the Title? Is not this an Evident Demonstration, that they would not suffer him to be Independent, but that they laid that restraint upon him, to show, that they would always retain in England the Supreme Imperial Power over Ireland? How does Mr. Molyneux know what Homage, Rent, or other Reservations were made? doubtless all the Records touching it are lost, and I presume, he has nothing stronger for this positive Assertion of his than the Old Historians, Gir. Cambrensis, Rog. Hoveden, Mat. Paris, etc. and they don't make out this Absolute Independent Title, without any manner of Reservation: Is it Sense, to think that a People should conquer, or entirely subdue a Country to themselves, plant a Colony there, and then but five years after give it clear away again, never to have any thing more to do with it? I would fain know what Regalia were granted to this absolute King: The Kings in Man may wear a Leaden Crown, I'm afraid King john was still but a Lord in that respect too, and that he had no Crown at all given him, else sure Mr. Molyneux, if he could have found any, would have told us on't. But what's worse than all this, is it possible for one and the same Man to be both an Independent King and a Subject, at one and the same time? It seems this Donation was not so absolute, but that he was still to continue a Subject (as indeed Feudatories must to the Sovereignty to which they belong) to Old England, and after all his absolute Kingship, 'twas his Misfortune to be tried by his Peers, (not as King of Ireland, but) as Earl of Morton, who found him guilty of High Treason, and accordingly he was condemned, but at the Intercession of the Queen their Mother, King Richard gave him his Life. I doubt this was enough to lose his Independent Title to the Kingdom of Ireland for that time, unless Mr. Molyneux can find him out another Creation, which I believe could not be without another Act of Parliament; but there happened to be no need on't, for as he succeeded to the Crown of England, Ireland came in again well enough in our Sense. Yet further to put this matter out of all doubt, 'tis a Maxim not to be disputed, that the Authority which grants, must always remain Superior to that which receives the Grant, and therefore the Feudal Law determines that Homage and Fealty is inseparably annexed to all such Grants: And though Mr. Molyneux professes himself very well Learned in The Laws of Nature, and Reason, p. 117. and Nations, and the Civil Laws of our Commonwealths, yet it seems he is altogether unacquainted with this Feudal Law; and if he had been but as well read in the Practice of the World as to these things, he might have been convinced, that the many Feudatory Princes still remaining in Europe, are not exempted from this Dependence: The Princes and Hans Towns of the Empire, if they are by length of Time grown up to a higher degree of Sovereignty, and do not so immediately depend upon the Emperor, who in his private Capacity was but Archduke of Austria, etc. and but one of the Eight Electoral Princes, yet they are still subject to the Supreme Legislature of the Empire, and the Imperial Avacatoria reaches them: And thus we see, that how great soever that Jurisdiction was, which the King in Parliament granted to his Son john, he yet remained no more than a Subject of the Kingdom of England, and was treated accordingly, in his being Tried and Condemned by the Laws thereof. Moreover it may be noted, that upon his accession to the Imperial Crown of England, whatever Feudatory Royalty he had before, became now merged and extinguished in his own Person, which by reason of its being Head and Supreme, could not at the same time be capable of any Feudatory Subjection; so that there was an absolute determination of the Former Grant, which could not again be revived but by a New Donation upon another Person. I hope I have now so far removed this main Pillar of Mr. Molyneuxes Structure, that I may take the Liberty as often as I shall have Occasion hereafter, to deny positively, that King john was ever made absolute King of Ireland, without any Dependence on England. Here Mr. Molyneux had brought his Argument up to a pitch, and concluded us under a perfect real Separation, and thus he puts it upon us; p. 42. let us suppose, That King Richard had left Issue, whose Progeny had governed England, and King John 's Progeny had governed 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. But this is but a Supposition, and fit for none but People of his size; who take up Matters by Appearances and Presumptions, and assume the Confidence from thence to be positive in their Assertions, giving no allowance for the possibility of being mistaken: But we need not suppose in this matter, but may be confident, that the Supreme Authority over Ireland must always have continued in the Kingdom of England, as it does at this day, and he hath made nothing appear to the contrary. De non apparentibus, & non existentibus, eadem est ratio. Yet I can't but remark how he enjoys himself in this Supposition, when he thought he had gained his Point; p. 42. Where then had been the Subordination? if any such there be, it must arise from something that followed after the descent of England to King John; for by that descent England might as properly be subordinate to Ireland as the Converse, because Ireland had been vested in King John twenty two Years before his accession to the Crown of England; Yes, and 'twas the ancienter Kingdom too. Is it likely that King john, who had not before thought so well of his Kingdom of Ireland as to make it his residence, but chose rather to remain where he was but a Subject, when he was now become a real King of England, should be so far taken with the Fancy of the ancientest Kingdom, (if it were so) as to put the greater, and by many degrees the more powerful, more pleasant, and more civilised Kingdom, in subordination to the less, which was then of no Power or Consideration in the World? and that he should be better pleased with the Style of Lord of Ireland, and King of England, than that of King of England, and Lord of Ireland? or is it likely, that England who in that very Age had subdued Ireland, and added it to its Empire, should now be contented to submit itself, and become subordinate to Ireland, so as that the Administration of the Government there should direct the grand Affairs of England? is not this perfect Jesting and Fooling with Argument? But he tells us, p. 43. If perhaps it will be said, that this Subordination of Ireland to England, proceeds from Ireland 's being annexed to, and as it were united with the imperial Crown of England, by several Acts of Parliament in both Kingdoms, since King John 's time: This is well acknowledged, for it makes out clearly, that Ireland is a Kingdom as firmly united to the Kingdom of England, as the Legislature of both Kingdoms could do it: If he would yet distinguish between the Imperial Crown (as his words are) and the Kingdom, I have shown before how there cannot be any such distinction in England. But though in the former Passage of John's being created an Independent King by Act of Parliament, he shows himself to be quite overseen and blinded, by his depending so much upon it through the rest of his Argument; yet he perceives plainly, that a fair Inquiry into this Annexing, will not turn to account for him, and therefore although he is not wanting to be very particular and exact in his Numerous Quotations of other Authorities, yet here he is cautious of imparting any further Light into this matter, than just to tell us, there are several such Acts of Parliament both in England and Ireland: Surely these English Acts might be said to be binding upon Ireland, and therefore too they must be concealed, and we shan't have one Word of them anon, when he pretends to reckon up all those Statutes that the English Parliaments have made to affect Ireland: And I can't find that he meddles with it any more, p. 44. tho' he says, that He shall inquire more fully hereafter how this operates: But for the present he only tells us, That he conceives little more is effected by these Statutes, than that Ireland shall not be aliened or separated from the King of England, who can't 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 obliged to obey, etc. Doth not this strongly assert the Parliamentary Authority? If he had said, that it should not be alienated or separated from the Kingdom, he had spoken English, and set the matter right; but if he will insist upon so fine a Conceit, as to divide between the Political Capacity of the King, and the Kingdom, if it be not bad English, is however Language that can't be understood in England. Now he tells us of King John's going again into Ireland, p. 44. about the Twelfth year of his Reign of England, where above Twenty little Irish Kings did again do Homage and Fealty to him, and he constituted the English Laws and Customs among them, placing Sheriffs and other Ministers, for the Administration of justice to the People, according to the English Laws. This is a further Proof of the entire Resignation and Submission of the Irish to the Government of England. He goes on, King Henry the Third, p. 45. his (King John's) Son, in the first year of his Reign, granted to Ireland one or two Magna Charta's, p. 46. (but he owns that 'twas) by the Advice of his English Privy Council. Let it again be Observed, that this King did not transact this Matter by any separate Authority, but did it in his Privy Council, which is exactly according to our Constitution, and that being the same Method in which all the Administration of the Government of the Kingdom of England was directed, it shows that those Kings governed Ireland in no other Manner than as a Member of the English Empire. We agree with him, that all the Rights and Liberties of Englishmen were granted to the People of Ireland, that they had the Privilege of holding Parliaments, and in short, that they had a Complete Jurisdiction and Form of Government settled and allowed to be exercised among them, as far as was requisite for the well-governing and regulating the particular Management of the affairs of so considerable a People, that were now become a Member of the English Empire, and were separated by Sea from the Seat of the Supreme Government: Yet all this must be understood to be no otherwise than in Subordination to the Supreme Authority of England, which is Evident, not only from the Reason of the thing, but also from the Practice that hath always been Observed. Can it consist with Reason to believe, that any powerful Government should subdue another Nation much inferior to them in strength, place a Colony of their own people among them, make them Denizens and endow them in all the Privileges of their own Subjects, and yet because they gave them their Laws, and constituted the very same Manner of Government among them as was exercised by themselves, that therefore they could not be in any Subordination to the Kingdom that thus far subdued and settled them, but must ever after be esteemed as a People fixed upon a distinct Foundation, and as much separated from them as they were in the state of Nature? Sure this is too absurd to be insisted on. But the constant practice which hath been used in the Administration of that Government, from the first times of their becoming a Member of our Empire, shows that the Kings of England did never treat them as a Propriety of their own, and distinct from the Jurisdiction of this Kingdom; were not these Magna Charta's (as his own Authorities prove) given with the Advice of the Privy Council of England? and have they not always had Governors sent them from hence, whether under the Title of Lords Lieutenants, Deputies, Justices, Precedents or otherwise, and that not by the King alone, but nominated in the Privy-Council? and have not these Governors been accountable to our Parliaments for any Maladministration there. All the prime Motions and Supreme Managements of their Government, are likewise consulted and directed by the King in his Privy-Council here, such as the Calling, Proroguing, or Dissolving of their Parliaments, and the Approving all their Acts, the Sending over and Establishing what English Forces shall be kept there, the Appointing all Officers Military and Civil, etc. Is this like a Separate Kingdom, an Independent Government, or a Neighbour Nation as free as in the State of Nature? Can any Man be so ignorant as to maintain, that the Privy-Council of England may have Authority, where the Supreme Legislature, the Parliament, hath none? Doth this leave room to say, that England and Ireland, p. 55. though governed under one and the same Supreme Head, yet are as separate and distinct in their jurisdictions, as are the Kingdom of England and Scotland at this day? The Privy-Council of England never intermeddle in the Business of Scotland, the King transacts the affairs of that Kingdom through the Hands of the Scotch Secretaries, who always attend him in England; the Royal Family of the Stuarts were their Lawful Kings, and when our King james the First succeeded as Right Heir to the Kingdom of England, although he removed his Residence hither, because this was the much more Considerable Kingdom, yet no alteration could thereby be made upon their Jurisdiction, but the Constitution of their Government remained as entire within themselves as before; but this Author himself hath sufficiently made out, that the Accession of Ireland to England was in such a manner, as totally abolished their former Constitution, (if they had any) and subjected them to become a Member of the English Monarchy. I think I have said enough of these Matters already, to set them in a truer Light than this Gentleman hath represented them, and shall not give myself the Trouble to Remark divers other Passages which result from the same Erroneous Way of Arguing, nor to meddle with his long History of what English Laws, and in what manner they were introduced into Ireland, more than to argue some few Points with him. He says, p. 56. If we now inquire what were those Laws of England that became thus established in Ireland? Surely we must first reckon the great Law of Parliaments, etc. Is it not the highest Sanction of the Parliamentary Authority, that all the Subjects of the Empire must obey its Supreme Decrees? In receiving then this great Law of Parliaments, were not the People of Ireland for ever obliged as well as to all its former Statutes, so also to whatever it should for the future enact, concerning the whole Empire in which they now became comprehended? But Mr. Molyneux means that Law whereby all Laws receive their Sanction, The free Debates and Consent of the People, by themselves, or by their chosen Representatives. His drift in this is to persuade us, that because it was granted to Ireland to hold a Parliament within themselves, by their own Representatives, that therefore they ought not to be in any Subjection to the Parliament of England, wherein they have no Representatives; and 'tis upon this Point that he mightily values himself in much of his after Discourse, yet he can't tie this Knot so fast, but that it may well enough be undone: This Parliament of theirs could not be granted them further than for the managing their own Affairs among themselves; but the Supreme Legislature of the whole Body must be permanent and fixed in its Head, according to the first Constitution, and cannot be divided or granted away to any Member or Members of the Body: Can any thing grant away itself? A Father may grant his Son a great deal of Liberty, but he can never make any grant to divest himself of his paternal Relation. But Mr. Molyneux can have no Notion of Liberty, if a Man may be bound by Laws whereto he hath not given his Consent, by either himself or his Chosen Representative: A little Distinction now will make us agree this Matter; 'Tis yet no Oppression upon him, if he neglects to constitute a Representative, when the Privilege of doing it is not taken away from him: If a Man go abroad, and stay many years out of his own Country, shall he not be bound by the Laws made by the Community in his absence, because he gave no Assent, neither in his Person nor by his Representative? In like manner if a Colony be settled abroad, shall not the Legislature of their Mother Country bind them, if they think fit to Enact concerning them, because they had no Representatives in it? Yes, very reasonably, for that they are still Fellow-Subjects of the Community, and if they are permitted to live abroad for their Convenience, the main Body of this their Mother Country must not be hindered from acting what they shall find necessary for the Common Good, because of their absence, even although it should respect themselves; and this without depriving them of any their Just Rights, because their Liberty and Privilege still remained to them of choosing their Representatives to the Supreme Legislature, and they might have exercised it if they had stayed at home, and may again, whenever they'll please to come in place. They have indeed an Authority delegated to them from the Head, to Enact such Laws in their Settlement, as may be requisite for the Circumstance of that place, but no such Privilege can ever be extended to rescind and abrogate their Allegiance and Subjection to the Head of the Empire: But I shall come to Enlarge further upon this by and by. And now to go on with Mr. Molyneux: He speaks of two Acts made by the Parliament of Ireland, p. 64. viz. 10th Hen. 4. and 29th. Hen. 6. wherein it was Enacted, That the Statutes made in England should not be of force in that Kingdom, unless they were allowed and published there by Parliament. It is not impossible, but that in those days there might be some People there who were of this Gentleman's stamp, for assuming as much power as they could, right or wrong, if they could but colour it under the specious pretence of their Ancient Rights and Privileges; and they might think the Reigns of those two Princes a Favourable Conjuncture for such an Attempt. The first of them got the Crown of England by his Sword, and managed things as smoothly and easily as possible, and perhaps never thought himself so secure as to exert the utmost Authority of his Government, on every Occasion that might offer. Henry the Sixth was a weak Prince, governed and managed at different times by the two Factions of York and Lancaster, from whence arise Civil Wars, and his own Deposing: A better time could never happen, than during the Troublesome Reign of this King to attempt such Innovations. But what if the Parliament of Ireland did enact a Law, derrogating from the Authority of the Parliament of England, could this abate any thing of that Right which England had before? But 'tis plain, that if they did any such thing, they did but think that English Acts of Parliament could not in any case bind Ireland; for 'tis certain, both from the Reason of the thing, and former Practice, that in some Cases they might and did, and even in the Second Year of this King Henry the Sixth, (as he quotes it) the Staple Act, expressly naming Ireland, was made; surely the Parliament of England must consist of much more Considerable Men than the Parliament of Ireland in those days could, and they were most likely to know best what they had to do: And it seems as if the People of Ireland themselves had no Opinion of the Validity of these invalidating Acts, in Mr. Molyneuxes Sense, because they did not plead them in Bar of the Staple Act, in the Case of the Merchants of Waterford, which he gives us hereafter. There is yet much more reason to believe, that these Statutes were made on the very Occasion which he hints, to remove Scruples, or satisfy the Judges in relation to some Laws for the administration of Justice that were extant in England, and they might have some doubt, whether they ought not also to obtain there, since the generality of the English Statutes were received in Ireland, and therefore the Parliament of Ireland for the clearing any such difficulty for the future, might possibly declare that such Statutes were not of force there, till they had been established by them. And I may easily grant him, that the End and Intent of the Institution of a Parliament in Ireland was, that as they were separated from England by the Sea, they should have Authority to make and adapt Laws among themselves, suitable to their own Circumstances, and fit for the well-ordering of the Affairs of that Kingdom; and therefore the Parliament of England did not think fit to impose upon them such Laws as were from time to time enacted, suitable to the Occasions of the Realm of England, but left the People of Ireland at Liberty to choose or refuse such as they thought fit; and from this Reason it must be, that so many of the English Statutes as he instances, have been introduced into Ireland, by passing them into Laws in their own Parliament. The generous English Constitution doth not impose any Laws of this Nature, or for raising Taxes upon any of the Subjects of their Dominions, without their own Consent by their Representatives; this is The Great Charter of Englishmen. And because 'twas thought that the People of Ireland could not conveniently send Representatives to the Parliament in Englaand, they were therefore authorized to hold Parliaments among themselves for the transacting such Affairs; we allow it to all our Colonies in America; and even Wales, after their submitting to the Government of England, was not Taxed, till they were admitted to send their Representatives to Parliament. This I speak of such Laws which regard the administration of Commutative Justice, regulating their own particular Affairs, or raising Taxes. But there is yet a higher kind of Law inherent in the Constitution, whether it may be called the Law of Parliaments, or the Common Law, I leave it to Men of more Judgement in these Matters than myself to define it, but I mean that which comprehends the Subjects of the whole Empire, and must be of Authority to ordain certain Regulations which shall be binding upon the Whole in extraordinary Cases, where the well-being of the Universality is concerned: England must be allowed to be the Head of this Empire, from whence all its Members do derive their Being, and must depend for their Support and Protection, the Riches which she attracts from the Benefit of her Foreign Trade, is the only means she hath to support her Power, and maintain such Fleets and Armies as are requisite for the Defence of all her Territories, she must therefore prosecute all justifyable Methods for the preserving her Commerce, and hath the utmost reason to restrain her Members from any prejudicial interfering with her in her Trade, because this hath a direct Tendency to weaken her Power, and render her incapable of supporting the great Charge of her Government: For this end then, or the like Extraordinary Occasions, those Laws have been made by which the distant Dominions are bound, and such have been the Acts of Navigation, the Acts for hindering the Transportation of Wools from Ireland to Foreign Parts, etc. And though these Statutes are enacted when the Occasion requires, yet they are not so much to be looked upon as New Laws, (to use his own Expression) as it were declaratory of the Supreme Authority, virtually inherent in, and inseparably united to the Imperial Constitution; and which hath been always exercised by this Kingdom, and all other Governments that have had Colonies or Territories lying at a distance from them. 'Tis only the Exercise of this Supreme Salutary Authority that the Parliament of England pretend to, and not to break in upon the Just Constitution so anciently granted, and ever since continued to the People of Ireland, of Enacting all such Laws by their Representatives in their own Parliaments, as they think fit to be governed by, or may be conducive to the well ordering the Affairs of their own Country; and therefore this Gentleman hath no Reason to Tax us so often as he does, with any Attempts upon their Rights and Properties, breaking in upon their old Settled Constitution, and rendering them the most unfortunate of all his Majesty's Subjects, by weakening their Rights to a greater degree than ever was done before. If poinding's Law be some Check to them, 'twas made in favour of the English Interest in Ireland, and Mr. Molyneux finds no fault with it, but that still leaves them at Liberty to consent or descent to such Laws as the King in his English Privy-Council may propose to them. The Rights that were granted them, were large enough to secure them in the full Enjoyment of their Liberty and Property, in the same Manner as if they had lived in England; these we have preserved to them inviolated, in as large a manner as ever they were granted; let him show any Law from England, that hath ever innovated upon their Judicatories, their Persons, or their Estates; his Exclamations can no way be applicable to us, unless it shall appear that we have wronged them in such Rights as those: But this Supreme Imperial Authority was never granted to them, nor can reside any where as long as the Monarchy lasts, but in the King, House of Lords, and House of Commons in England; the absolute Separation he pretends to in the Persom of King john, proves a Mistake, so that his many peremptory Conclusions drawn from thence must fall, as having no Foundation. The Progeny of Englishmen wherever they live, (and are acknowledged to be such) cannot be exempted from owing Allegiance to this Supreme Jurisdiction; 'tis known, that it hath Power to Command its Subjects out of the Territories of any other Prince, upon the highest Penalties, yea and to desert its Colonies, and call home the People, if Extremity shall so require: He that shall deny it these Powers, denies the very Essence of a Supreme Government; and how hard soever this Doctrine may seem to People that have lived out of England, and have never considered these Notions, yet the Reason of the thing must obtain upon every impartial Man, and convince him, that other Principles than these, would have a Tendency to scatter and break to pieces all Humance Societies, and bring People back again into the State of Nature. Men cannot therefore shake off the Duty and Obedience they owe to the Community, and say, that an unbounded Liberty is the Right of all Mankind, because this Liberty was given from them when they were in the Loins of their Ancestors, who consented to the Terms of the Constitution, when they first entered into Societies, and which must continue as long as that Society shall have a Being. 'Tis plain then, that all just Liberty must be bounded by the Laws and Agreements of the Community, and no Man ought to challenge to himself more Liberty than that allows him. To apply this then to our Argument: The People of England may not go out of the Kingdom, and settle themselves in any other Country, in manner of a Colony, without leave first obtained of the King, (as Head of the Kingdom) neither may they enter into a New Society, and erect a New Form of Government different from that of their own Country, in any such Settlement, but they must have Directions and Authority from the King, by his Charters, Letters Patents or Commission, whereby he grants them the Exercise of the Laws of England, and the Power of calling together their own Representatives, to Enact such further Laws (not repugnant to the Laws of England) as shall be requisite for the good Government of their Affairs, in relation to which they are left to their own Liberty and Free-choice, and not interrupted by the Government of England: If after all this, the King in Parliament shall find these People or their Posterity, attempting any thing in this Settlement, which if it be not stopped, must prove very prejudicial and destructive to England: Will any Man pretend to argue, that the Kingdom which permitted, assisted, and protected these People in their Settlement, hath no Authority left in herself, to restrain them in matters that tend to her own Hurt and Damage? And yet such Restraint is not to be accounted an Invading the Rights and Liberties of Englishmen; 'tis only a limiting them from acting or doing something in the Place where they are, that however profitable it might be to themselves, would yet be very damnifying to the greater Body of the Community, of which they are a Member; neither is this Restraint any more than in regard to the place, their Persons are still free, and they may if they please, return to their own Mother Country, and practise the same thing there, with as much Freedom as any other of their Fellow Subjects. If the Reader should think I have been too tedious upon this Point, I hope he'll consider, that if many Words be necessary at any time, 'tis then when we are to persuade People out of that wherein they believe their own Interest and Profit greatly consists. I think the Report of the Case of the Merchants of Waterford is an Authority which very much confirms what I have said; p. 90. but because he lays much stress upon it, not only here, but in another place, when he treats upon the Lord Chief Justice Cook 's Opinion, I will transcribe the Latin Record at large as he gives it: Dicebant quod terr. p. 91. Hibern. inter se habent Parliament. et omnimodo cur. Prout in Angl. et per idem Parliamentum faciunt Leges & mutant Leges & non obligantur per statuta in Anglia, quia non hic habent Milites Parliamenti, sed hoc intelligitur de terris & rebus in terris illis tantum efficiendo; (I believe it should be efficiendis) sed personae eorum sunt Subject. Regis, et tanquam Subjecti erunt obligati ad aliquam rem extra terram illam faciend. contra Statut. sicut habitantes in Calesia, Gascoigny, Given, etc. dum fuere Subjecti; et Obedientes erunt sub Admiral. Angl. de re fact. super Altum Mare; & similit. brev. de Errore de judicio reddit. in Hibern. in Banco Reg. hic in Angl. I shall now take the Liberty to vary somewhat from the Verbal Translation, and render it in that sense that I think this Opinion of the Judges of the Court of Exchequer may be taken: They say that the Land of Ireland hath a Parliament within itself, and Courts (of Judicature) every way like to those in England; and that they make and Change Laws by (the Authority of) this (their) Parliament, and (therefore) the Statutes (which are made to bind) in England, do not bind them, because they have no Representatives here, (in the Parliament of England.) But 'tis always to be understood, that this (the Laws made in the Parliament of Ireland) must only have relation to that Country, and to such Matters as are transacted (among themselves) therein: But they (the People of Ireland) are in their Persons Subjects of the King, (and Kingdom of England) and as Subjects, they shall be obliged not to do any thing out of that Country, against Statutes, (made in England to prohibit them) like as the Inhabitants of Calais, Gascony, Guien, etc. while they were Subjects; and they shall be obedient to the Admiral of England in all things done upon the High Sea: In like manner also a Writ of Error upon judgement given in Ireland, lies from the Court of King's Bench in England. I Confess this Opinion is oddly worded, but I shall make no further Comment upon it here, having Occasion to speak at large to it in another place, where it will appear, whether the Sense which I have put upon it, may not be more agreeable both to the passage itself, and to the Opinion which we shall afterwards find the Lord Chief Justice Cook gave of it, than to that turn which Mr. Molyneux hath given it. But he Notes upon it, that upon a second Consideration of this Case before the Judges in the Exchequer-Chamber, the 1st. Hen. 7. Hussey the Chief Justice gave his Opinion, p. 92. That the Statutes made in England shall bind those of Ireland; which was not much gainsaid by the other judges; notwithstanding that some of them were of another Opinion the last Term. And he is offended at this Opinion, and suggests as if 'twas the Presence of the Chief justice that influenced those other judges, which had not been of the same mind: He Notes also, That Brook in his Abridging this Case, makes a Note upon it, intimating thereby, that Hussey 's Opinion was not reasonable. Yet this is no more than Mr. Molyneuxes Construction of this Intimation; but if he had any such Scruple, is it strange thing for Lawyers not to jump in their Opinions in some Cases? yet it seems those that were present with Hussey, and heard the Arguments, were so far convinced as to become of his Mind, without saying much against it: But I can't believe that Judges were so easily to be influenced, contrary to their Judgements, by a Lord Chief Justice then, more than now, when we have seen Two of them persist in an Opinion, against the other Ten. He Comments also upon the first Opinion in this Case, and says, that those Judges were not so concluding upon them as Hussey, And they did almost seem to extend the jurisdiction of the English Parliament over the Subjects of Ireland, p. 93. only in relation to their Actions beyond Seas: Even this is handle enough for us to lay hold on, for the doing whatever we shall think requisite for the preserving of our Commerce. But he says, This will appear unreasonable, because by the same Argument Scotland may be bound by English Laws, in relation to their Foreign Trade, as they are the King's Subjects. The Scots are Subjects of the King, only as he is King of Scotland, and we have no pretence to meddle in their Government; but Ireland is upon another Foot, 'tis not an Independent Kingdom; though it hath a Parliament, it is not complete in its own Jurisdiction, but is subordinate to England, and they can transact nothing of weight in their Administration, without Orders and Directions from the Government of England, all this I think is clearly made out already. But he makes all the advantage possible of the words, Personae eorum sunt subjecti Regis, etc. and tells us, If being the King of England 's Subjects be a Reason why we ought to submit to Laws, (in relation to our Trade abroad) which have not received our Assent, p. 94. 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 subjected to the King of France, if our Kings had continued in the possession of that Country, and then if France had been the strongest, it might seem that the Subjects of England might have been bound by Laws made at Paris, etc. What a parcel of Argument is here? I repeat so much on't only to expose it. 'Tis evident, that the Judges in their Opinion, by the Words Subjecti Regis, mean the same thing, as if they had said Subjects of the Kingdom of England; for they say afterwards, that while they are Subjects, they shall be under the Admiral of England, etc. If they had said the King's Admiral, could we have thought of any other than the Admiral of the Kingdom? Having Noted this Distinction, I will say no more to the rest. He tells us, p. 96. that In the Reigns of Edward the First, and Edward the Third, Knights, Citizens and Burgesses, were chosen in Ireland, to serve in Parliament in England, and that they have so served. What? and could Ireland be then a distinct and separate Kingdom? Surely our Ancestors would scarcely then have admitted them to sit together with themselves in their Grand Senate. I hope after this, what I have before alleged of Ireland's having been always in the Condition of a Member of the English Empire, ever since its first accession, will never more be doubted: They have been, when the Circumstance of Time hath made it convenient, admitted to send Representatives to the English Parliament, and may again, if our Parliament think fit. He admits of the Acts made in the 17th. p. 100 of King Charles the First, for encouraging Adventurers to raise Money for the suppression of the Rebellion there, to be binding in Ireland, but then they were made for their Good; and afterwards when the Acts of Settlements were made by the Irish Parliaments, these English Acts were made of no force, which shows that they have a power of repealing such Acts made in England. From hence 'tis apparent, that our Parliament have not been ready to exercise this Authority, but when the Welfare of the Whole Body required it, and that they were then contented to take no Notice of such Alterations made by them, which might be needful and of use to them, and he hath reason to acknowledge their Tenderness to them in this respect: But I believe these English Acts were not repealed, and therefore this Instance will not maintain the Assertion which he raises from it; That the Parliament of Ireland may repeal an Act passed in England, in relation to the Affairs of Ireland. The Acts of King Charles 2d. p. 103. Reign, Against planting Tobacco in Ireland, for encouraging Shipping and Navigation, and for prohibiting the Exportation of Wool from Ireland to any Country except England, p. 104. He acknowledges, Do name and bind them too, p. 104. so as they do not transgress them, and he hath nothing to urge to take off their Efficacy; but how rightfully this can be done, is the Question. I answer, by that Right which, as I have shown before, must be inherent in the Supreme Legislature of the English Empire, for conserving the Wellbeing of its Body. The Acts of his present Majesty's Reign, he acknowledges To be such as the Necessity of the Time required, p. 106. and to be made in their Favour; but that these should be argued as a Precedent of their Submission, p. 110. and absolute Acquiescence in the jurisdiction of the Parliaments of England over that Kingdom, is what they complain of as an Invasion of their Legislative Right. We have Reason and Precedents enough to vindicate the Just Authority of the English Parliaments in these matters, and they are not under any necessity of dating this Power as commencing from the first of these Acts, not over thirty seven years past; so that he need not be concerned to think, that they can make any ill use of these Precedents: But whatever this Gentleman's Principles may be, his following Expressions seem very arrogant, from a Person who at first pretended to so much Submission; but I hope the Body of the Protestants of Ireland understand their Duty, and their own Interest better, than to Offer at throwing off the Authority that the Kingdom of England hath for so many Ages had over them; and I doubt not but they will believe, The hazard of doing it would be much greater, than any inconvenience they have ever found in England's way of Protecting them. We are now come to his Fifth Article, p. 115. viz. The Opinion of the Learned in the Laws, relating to this Matter: And he begins with the Lord Chief Justice Cook, for whose Name he bespeaks a great deal of Respect, although he treats him but somewhat roughly; but this seems to be the Gentleman's particular Talon. He says, the Lord Chief Justice Cook quotes many Authorities to prove that Ireland is a Dominion divided and separated from England, p. 116. and in particular the forementioned Case of the Merchants of Waterford, but he finds fault with him for citing it unfaithfully and brokenly. The Chief Justice doth indeed abridge it, (and it seems by the alteration of the Words as if he had cited it by Head, not transcribed it out of the Book) which is a thing not unusual, nor to be esteemed a fault in such Authors, if they give the passage its due weight, and that I think he does, as to the matter for which he quotes it; but what he especially blames, is, that the Chief Justice upon the Words of the Report, That the Statutes of England don't bind them, (Ireland) adds in a Parenthesis, (which is to be understood, unless they be specially named) and that Herein he concludes magisterially, p. 117. so it must be, this is my definitive Sentence, without giving any other Reason. It is not unusual for Men of this Judge's Authority, when they Note their Opinion transiently, not to dilate upon it; if that be not the Point they are directly handling, yet Mr. Molyneux confesses, p. 117. that In another place 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 judgement of Law, might by express Words be bound by the Parliament of England. But this doth but make the Matter worse with him: He hath before enquired how far Conquest gives a Title: But he would fain know what Lord Cook means by judgement of Law; whether the Law of Nature, and Reason, or Nations; or the Civil Laws of our Commonwealths, in none of which senses, he conceives, will he or any man be ever able to make out his Position.; And now he gallops away with this, that there's no stopping him for two or three pages, bespattering the Chief Justice all the way; and though there is a great deal of his sort of Reasoning in it, yet I think it not worth the Readers Trouble to repeat more of it, than That he conceives my Lord Chief justice Cook to have applied himself so wholly to the Study of the Common Laws of England, p. 119. that he did not much inquire into the Laws of Nature and Nations, else sure he could not have been guilty of so Erroneous a Slip. Nay, This Assertion of his is directly contrary to the whole Tenor of the Case he citys, p. 120. for that very Act of Parliament on which the judges debated, and which they deemed not to be of force in Ireland, does particularly name Ireland, so that here again Lord Cook 's Error appears most plainly. Well, if he'll be but a little Cool, we may deal well enough with him in this Matter too, wherein he thinks he hath so much advantage: But now after all Mr. Molyneuxes Inquiries, he hath not said enough to Convince me, that the Lord Chief Justice Cook is in the wrong, to believe that England hath a Title to Ireland by Conquest: Nay, I do believe further of the Chief Justice's side, that that Conquest hath given her so just a Title to all that Supreme Authority which she pretends to hold over Ireland, as that by Judgement (or in Reason) of Law, her Parliaments may bind Ireland, if named in the Law, and that she is warranted therein by the Laws of Nature, Reason, and Nations, (the Civil Laws of particular Commonwealths I don't understand) and also by the Fundamental Laws of the Original Constitution of the English Government, and I have already endeavoured to make out this Position so clearly, that I shall say no more to it here, but leave the Matter referred to the Reader's Judgement. The Censure which he passes upon so venerable a Person as the Lord Chief Justice Cook, that he must be very little acquainted with the Laws of Nature and Nations, should methinks but ill become a Writer so little known in the World as Mr. Molyneux, especially when in this first Essay of his he hath discovered much more of his Assurance than Judgement. But now to Vindicate the Chief Justice from the gross Errors with which he Charges him, we must look back again upon the Opinion of the Judges in the Exchequer-Chamber, as he hath delivered it in Page 90, 91. They were Consulting, whether the Staple-Act, made in England, could bind the People of Ireland; they argue after this manner, Ireland hath a Parliament of its own, which makes Law's for the ordering Matters among themselves, and therefore the Statutes made in England don't bind them; by which they must mean such Statutes which are made in general Terms, and for the particular Occasions of England; for 'tis plain, that what they intent when they say, that The People of Ireland, as Subjects of the King, are obliged to act nothing out of that Country against the Statutes, is, of such English Statutes as name Ireland; for the Subject of their Debate was about a Statute wherein Ireland was named. These Judges of the Exchequer do here make two Conclusions, that seem contradictory: First, They say our Laws don't bind them, but that is in respect of things transacted within themselves, wherein the Parliament of England don't meddle; but then in the Second Place, They say, our Statutes did bind the People of Ireland, in Matters not relating to what was done within themselves, and therefore they Concluded that this Statute did, because they were particularly named, else there had been no such Dispute about it, and this reconciles both these Conclusions. Soon afterwards (as is aforesaid) when this Cause came to have a Second Hearing before the Judges in the Exchequer Chamber, the Chief Justice Hussey declared, That the Statutes made in England shall bind those of Ireland, to which the other judges agreed, without saying much against it: But doubtless this Opinion is to be understood of such Statutes only which name Ireland; and as to this Statute they all agree, that it had its full Effect upon the People of Ireland: Where then is this Erroneous Slip of the Lord Chief Justice Cook? In repeating the Words of the first Opinion, that Our Statutes don't bind them, he Notes in a Parenthesis the Tenor of the latter Opinion, (unless they be especially named;) this is not contrary, but agreeable to both the former Opinions, how then doth he differ from them? indeed the first Opinion says only, that they should be obliged in matters done out of that Country: But Hussey and Cook take no Notice of this Distinction, but give their Opinion somewhat more General. Cook infers, that if Ireland be specially named, our Statutes do bind them, which still is not contrary to the Case which he citys, for that entirely agrees with him, excepting only in this difference, he infers that Ireland is bound, that asserts that the People of Ireland as Subjects of the King are bound, the Case stands stated alike to both, 'tis if they are named in an English Statute. If this Distinction will do Mr. Molyneux any good, let him enjoy it, for me it sufficeth, if I have shown that the Lord Chief Justice Cook's Assertion is not directly contrary to the whole Tenor of the Case which he hath cited: He Notes, that the English Statutes don't bind Ireland, unless they are specially named; this Case shows, that because Ireland was named in it, those Judges were of the Opinion, that the People of Ireland as Subjects were obliged to pay Obedience to this Staple Act, as far as it required; I see therefore no contrariety to it in this his Assertion, but a great deal in that of Mr. Molyneux, where he says, 'Twas the unanimous Opinion of all the judges then in the Exchequer Chamber, p. 120. 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. I appeal to the Words of the Opinion, whether it denies, that the Parliament of England hath any (manner of) Jurisdiction within the Land of Ireland, there's nothing in it so positive; if it says, that Ireland hath a Parliament within itself, it Notes also, that 'tis only for ordering of Matters fit to be transacted among themselves: If it says, that the Statutes in England don't bind them, because they have no Representatives there, it may well be understood of such Statutes that are directed for the particular Occasions of England, wherein Ireland is not named; it doth not in the least offer at the denying the Jurisdiction of the Parliaments of England, in naming Ireland; for it directly concludes them to be Subjects of the King, which cannot be meant in any separate Sense from the Kingdom, because it says, they shall be under the Obedience of the Admiral of England, and the King hath no Admiralty or Navy distinct from the Kingdom: Nay; their quoting the lying of a Writ of Error in the Courts of Ireland, (after they had owned them to have such Courts, as well as a Parliament, in the very same manner as those in England) from the King's-Bench in England, could be he here to no other purpose, than to show that England had Jurisdiction over Ireland in some Matters; and certainly where England has any Authority at all, it cannot be severed from the Supreme Legislature. But since he lays so much stress upon the Words, Ad aliquam rem extra terram illam faciend. (though it is to be noted by the way, that this Deliberation was upon a Statute respecting only matters to be done out of the Kingdom) yet I'll do him all the Reason possible, and if I should take the Words in the strictest sense he puts them, and grant that those Judges at that time had not considered the Matter further, than to think that the Jurisdiction of the Parliaments of England did not extend to enact Laws, binding within the Land of Ireland, he must yet allow that Judges are sometimes mistaken in their Opinions, and we do not admit their Sentences to have the force of Laws, as neither will he himself the Opinions of the Lords Chief Justices Hussey and Cook; if then the Reason of the thing, as well as ancient Practice, be quite otherwise, (as I hope I have sufficiently shown in this Case) we may very warrantably conclude this Opinion of these Judges to be Erroneous, if they intended it in the same sense which Mr. Molyneux takes it. He hath not yet done with the Lord Chief Justice Cook, but tells us, That this Assertion is likewise inconsistent with himself in other parts of his Works, p. 121. where he says, that the Laws of England had been granted to Ireland, and thereby Ireland being of its self a distinct Dominion, and no part of the Kingdom of England, was to have Parliaments holden there as in England. The Chief Justice might well say, that Ireland had a distinct Dominion, and Parliaments within themselves, every Body must own it needful, because of their being divided from England by the Sea, that they might thereby be enabled to regulate Matters among themselves as the Circumstances of Time and Place should require. May not the City of London be said to have a kind of a distinct Dominion, and a sort of a Parliament held within themselves, even after the Pattern of the Grand Parliament of the Kingdom? the Lord Mayor, after the manner of the King, calls and dissolves their Assembly; the Aldermen (after once Chosen) have Right of Session for their Lives, as the House of Lords; the Common Council-men (resembling the House of Commons) are chosen Annually by the Respective Wards, (like the Counties) all these assemble in Common Council, and there Enact Laws for the good Government of the Citizens, which the Grand Parliament rarely, if ever, control; and though their Jurisdiction be much less than that of Ireland, yet it is a certain Jurisdiction, so firmly established, as that it's held that it cannot lawfully be taken away, or altered, by any Power in England, but the Supreme Legislature, and that it must stoop to; and the same the Lord Chief Justice Cook says of this distinct Dominion of Ireland; that notwithstanding it hath a Power, Jurisdiction, and Authority, which is complete within itself, yet it must pay Obedience to the Supreme Legislature of England, whenever any Extraordinary Occasion shall make it needful for that to name it specially; and therefore the Tenor of his Judgement upon this whole Matter shows, that by his terming them no part of the Kingdom of England, (because they have such a distinct administration among themselves) he does not in the least intent, that they should be looked upon so separated, as to be out of all Reach of the Supreme Imperial Authority of England; so that in all this there appears no Inconsistency; he never asserts what Mr. Molyneux assumes, that the King and Parliament in Ireland is a Legislature equally as Supreme as that of the King and Parliament in England, and it must be very unaccountable in any one to do so, who knows that all Irish Acts of Parliament must be approved in the Privy Council of England; I'll warrant him, they'll take care that they shall never Enact different or contrary Sanctions, p. 121. so that he need not from this fear the Consequence of Ireland's having two Supreams. He hath one Touch more at the Lord Chief Justice Cook; he quotes him, p. 122. saying, If a King hath a Christian Kingdom by Conquest, (as King Henry the Second had Ireland) after the Laws of England had been given them for the Government of that Country. etc. no succeeding King could alter the same without Parliament: Which by the way seems nothing contradictory to all that Mr. Molyneux hath quoted, of what he says concerning Ireland, but is a farther Indication that his Opinion was always steady, that the King and Parliament of England, and not the King alone, held the Supreme Authority over Ireland. And now he Hath done with this Reverend judge, and I am very glad on't, because I doubt I have tired my Reader with such an abundance that I have been forced to say for the Judg's Vindication; but to make amends, I'll try to divert him a little, by telling a short Story upon myself: When I was a Boy, I thought once that I had espied a fault in a performance of my Master's, and I had the assurance to tell him on't; he first fairly convinced me, that I had not taken the thing right, and then very gravely told me with a bend Brow, that 'twas more like my Boyish Confidence to find Faults where none were, than the Solidity of his stronger Judgement to commit such. Now for Pilkington's Case: p. 122. The King first grants a Patent for an Office in Ireland, to be held by Pilkington or his Deputy; but after this, the same King grants the same Office to A, who who sues for it, and pleads an Act of Parliament in Ireland, that no Person might execute any Office there but in his own Person, on pain of Forfeiture; he proves that Pilkington acted by a Deputy; the judges thereupon decide in favour of A. What's this to the Parliament of England's Jurisdiction over Ireland? it shows no more than that the Judges of Ireland were of the Opinion, that the King's Letters, Patents could not overrule an Irish Act of Parliament. Indeed he tells us, p. 124. that in the Plead 'twas offered, That Ireland time out of mind had been a Land separated and distinct from England, and ruled and governed by its own Customs, that they could call Parliaments within themselves, etc. It seems two of the five Judges held this Prescription void, and though I will not dispute (as it seems they did) about the Word Prescription, yet 'tis well known, that what Jurisdiction they had, was granted them by the Supreme Authority of England, and I know no Body denies it them, only we can't admit them to strain it, beyond what was ever intended: It says further, that Two of the judges affirmed, and the other three did not deny, that a Tax granted in England, could not affect Ireland, except it be approved in the Parliament in Ireland: This is not what we Contest about, I never heard that England did ever raise Taxes upon any Members of her Empire, without the Consent of their Representatives. As for the Merchants of Waterford's Case, we have both said enough to that already: That of the Prior of Lanthony in Wales comes next; He sues the Prior of molingar in Ireland, p. 125. for an Arrear of an Annuity, and obtains judgement against him, both in the Common-Pleas and Kings-Bench in Ireland; molingar Appeals to the Parliament in Ireland, and they Reversed both judgements; upon this Lanthony removes all into the King's Bench in England, but that Court would not meddle in it, as having no Power over what had passed in the Parliament of Ireland: Lastly, He Appealed to the Parliament of England, and it does not appear that they did any thing in it. What of all this? The Court of King's-Bench in England, although they had Authority to determine upon Matters brought before them by Writ of Error out of Ireland, yet they did not believe, they had any Power over the Parliament of Ireland: Doubtless they were in the right; but it seems 'twas then believed that the English Parliament had, else Lanthony had never Petitioned; but it does not appear that they did any thing upon this Appeal, the Petition only being entered at the end of the Roll: Why? that's a plain Sign, that 'twas the very last thing of the Session, and the Parliament was Dissolved, Prorogued, or something, before they could go upon it, or perhaps the Matter was agreed, or the Prior's dead before next Sessions, or fifty Reasons more that might be offered against his sleeveless Suggestion, That the Parliament of England did not think themselves to have a Right to inquire into this Matter, because nothing more than the Petition is found upon Record; but I'll tell him a better Reason of our side, 'tis not probable that they would have received the Petition, if they did not believe they had Right to decide upon it. The next thing is about the Acts of Recognition, and this he begins with an ingenious Confession, p. 127. That the Kingdom of Ireland is inseparably annexed to the Imperial Crown of England, and the Obligation their Legislature lies under by poinding's Act, makes this Tie indissoluble: This is enough to make out all our Pretensions upon them; 'tis strange to see a Man writing a Book against the Natural Consequences, when yet he so easily agrees upon the Premises. The Imperial Crown of England denotes the Supreme Authority of the Kingdom; the Material Crown is but a Badge of this Authority, and is given to the King, not as his own separate Propriety, but as an Ensign of the Authority which he enjoys, as Head of the Kigdom; if any Body should steal this Material Crown, and break it to pieces, as Blood did, the Supreme Authority of the King and Kingdom remains entire and inviolated: This Supreme Authority always resides in the Legislature, which in our Constitution is inseparably vested in the King, Lords, and Commons; there can be no annexing to the Imperial Crown of England, distinct from the Supreme Imperial Authority of the Kingdom; if any Territory shall be annexed to this Imperial Crown, it must become a Member of the Empire, otherwise 'tis no annexing; and because there can be but one Supreme Legislature, every Member or part of the Empire must be in some Subordination to that Supreme Legislature, whatsoever other Jurisdiction it may retain, as necessary to its own particular Regulations within itself; otherwise it can be no Member, but must remain a perfect Body of itself. I think these are Positions that won't easily be disproven, and we have a complete Instance of them in the Kingdoms of Scotland and Ireland, as they stand related to England; Scotland is an ancient, distinct, and (saving the old Pretensions of England upon them) independent Kingdom, hath an Imperial Crown of its own, worn by a long Succession of Kings, whose Posterity came to inherit the Kingdom of England, and remove their Seat hither, yet 'twas not in their Power to annex the Kingdoms, without their Joint Consent, so that they remain an entire Sovereign Kingdom, governed according to their own Constitution, without any Subordination to England to this day; and therefore in the late Happy Revolution, when King William and Queen Mary had obtained the entire possession of the Crown of England, they did not pretend to that of Scotland, till the States of that Kingdom had conferred it upon them by a free Election. On the contrary; Ireland (whatever it was anciently) was no entire Kingdom, when the English first took Possession of it, but divided into many Jurisdictions, under Petty Princes; it had never any Diadem or Ensign of Royalty, that ever I could hear of; it was entirely subdued, and brought under the English Government by Conquest, (as all Authors, except Mr. Molyneux, agree) it was brought into the form of a Kingdom, and afterwards had that Title conferred upon it, and was endowed with Laws, and a Constitution of Government, by the Authority of England, who from the Beginning reserved and exercised a Superiority over them; and (Mr. Molyneux being quite mistaken in the Grant made to King john) it was never separated from being a Member of the Empire of England, but (even as Mr. Molyneux confesses) remains annexed to it to this day. The Supreme Legislature of England (then in being) presented the Title of it to King William and Queen Mary, at the same time with that of England, without ask the leave of the People of Ireland; in like manner, they have proclaimed all the English Kings with that Title at their first Accession, and have, as he owns, concluded Ireland in all Acts of Recognition. What if the Parliaments of Ireland have also recognised? 'twas but to own their Allegiance; our Kings were as effectually vested in the Dominion over Ireland before, by the Authority of England, and double doing in such a Case can be no harm; neither can this be any Argument to prove, p. 128. Their having all jurisdiction to an Absolute Kingdom belonging, or that they are not subordinate to any Legislative Authority on Earth. Now he tells us, p. 128. As the Civil State of Ireland is thus absolute within itself, likewise so is the Ecclesiastical; and just so it is, but that is without any absoluteness in either. The multitude of the Native Irish, and the Old English, were doubtless very averse to the Establishment of the Reformed Religion, because they have continued Roman Catholics ever since; and yet this Reformation was begun there by no other Authority, than an Order of the King and Council in England, to the Lord Deputy, to 'Cause the Scriptures and the Common Prayers to be used there in the English Tongue; from whence 'tis evident, that they did not then think their own Ecclesiastical Jurisdiction so absolute, as that they could oppose it to the Authority of England. He quotes a Record out of Reyley, p. 129. That Edward the Second, upon a Motion of his Parliament at Westminster, had sent his Letters Patents to the Lord justice of Ireland, that he should Order that the Irish might enjoy the Laws of England concerning Life and Member: From whence he infers, That the Parliament did not then think, that they had jurisdiction in Ireland, otherwise they would have made a Law themselves to this effect: Can this be any more than an Instance of what I have all along said? that our Parliaments have always been willing to leave the People of Ireland, as much as possible, to the Exercise of their own Form of Government, in Matters relating to themselves, and not to interpose their own Supreme Authority, but upon Extraordinary Occasions, wherein the Welfare of the whole was concerned? But can it be any Argument, that they thought they had no such Authority, because they did not think fit on this Occasion to use it? Mr. Molyneux finds, that the lying of a Writ of Error from the King's Bench in England, on a Judgement given in the King's Bench in Ireland, lies heavy upon him, and therefore he labours mightily, and turns it every way to get rid on't; first he says, 'tis The Opinion of several Learned in the Laws of Ireland, p. 131. that this is founded on an Act of Parliament in Ireland which is lost. How Learned soever this Opinion may be, I am sure 'tis not very Judiciously offered here; for no Body will believe that the Legislature of a Kingdom that thought itself absolute, could do so foolish a thing as to make a Law themselves, that should put them under the Administration of another Kingdom, in so high a point as the Controlling all their Judicatures; and therefore if ever they made such an Act of Parliament, 'tis not to be doubted but that at that time they were very sensible, that whatsoever Authority they had among themselves, was all derived from, and in perpetual Subordination to the Supreme Authority of England. Indeed he comes and says after, p. 136. That this 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, the Law books make plain, etc. for above two Pages. Fine, very fine spun are these Arguments, but withal so extreme flight, that they won't hang together: If the King was ever used to sit there in Person, was there not always four English Judges constituted in that Court, (whom the King in those days could not remove at pleasure) who had Authority to judge, whether the King were present or absent? Or does he think, that when an Irish Appeal came before them, these Judges could not meddle in it? or if they did, whilst the King was present, they were all on a Sudden swallowed up, or consubstantiated into the King? or if they acted in his absence, an Irish Cause would immediately transubstantiate them all four into the real presence of one King of Ireland, in his proper Person? But if this should be too gross to put upon Mr. Molyneux, we must even resolve it t'other way, and conclude, that he thinks the Judges and Courts of Judicature are no part of the Political Government of England: He hath abundance of other pretty Conceits, how and which way this Business of the Writ of Error might come about, and in what sense it may be thought to operate; but I'll leave him in the quiet and peaceable Enjoyment of them, because I think it not worth while to trouble myself or the Reader more about them: We may be sure he would not have us to Conclude, p. 139▪ That if the King's Bench in Ireland be subordinate to the King's Bench in England, that therefore it must follow, that the Parliament of Ireland is subordinate to that of England; and though, as he sees, we have a very good Argument for that, a fortiori, yet what I have said before may satisfy him, that we have other Demonstrations enough, to assure us in the constant Subordination of that Kingdom to this, besides the lying of this Writ of Error, which the very Reason of the thing (maugre all his Endeavours to shift it) will evince, that this pre-eminence must infallibly have been preserved to England from the first annexing of Ireland; for after they were become obliged to be ruled and governed by our Laws, whether should they resort to have them explained, but to that Authority that gave them? I can't omit observing, how very pertinently He concludes this his Fifth Article, with a Memorable Passage out of their Irish Statutes: p. 140. And that is the Act of Faculties made in Ireland the 28th. Hen. 8. reciting a former Act, in the Preamble of which 'tis declared, That this your Grace's Realm Recognising no Superior but your Grace, hath been, and yet is free from any Subjection to any Man's 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, etc. Now this very Declaration, with the other Clauses of the said English Act, is Verbatim recited in the Irish Act of Faculties. Behold the mighty force of this Argument! The People of England did in an Act of Parliament make a Declaration of their ancient undoubted Rights and Liberties, proper and peculiar to their own Constitution: The Parliament of Ireland pass the same Act there, and take upon them to ape the very Words of this Declaration in their Act, though the same could not be proper or rightly applicable to the Circumstances of their Constitution, (for the Laws given them at first from England, were never devised within that Realm) therefore the People of Ireland cannot be under any Subordination of the Parliament of England. And now he's come to the 6th. and last Article, p. 142. viz. The Reasons and Arguments that may be further offered on one side and tother in this Debate: And here Mr. Molyneux opens a very diverting Scene, but fitter for Ridicule and Disdain than Argument: He tells us, p. 142. There remains another pretence or two for this Subordination to be considered; and one is founded on Purchase: 'Tis said, that vast Quantities of Treasure has been spent by England from time to time, for reducing Ireland, which has given them a just Title at least to the Lands of the Rebels, and to the Absolute Disposal thereof in their Parliament, according to the Examples in Forty One, and the late Rebellion in this Reign. I am sorry that he has so little sense of the great Benefit which the Protestants of Ireland have received, by the interposing of the English Power in their Favour. 'Tis not to be disputed, that the late King james had all the Haereditary Right that was entailed upon their Independent (as he terms him) King john; and although he had Abdicated the Crown of England, yet by this Gentleman's Notions, he had still an undoubted Title to the Kingdom of Ireland, which he came to possess, by the assistance of a very considerable Power from France; and (if Mr. Molyneuxes Doctrine be sound) could any body then blame the Irish, and Old English, of his own Religion, to join with him, in the asserting his ancient Right to that Kingdom? For my own part, I must own, that I know no other Reason that can justify us in our engaging in that War, for the Recovery of Ireland, than the Old English Principle, that Ireland was our own, as an inseparable Member of the English Empire; and I am sure, all the English Protestants of Ireland were then glad to have us assert that Right, or else their fair Estates in that Country must have left the greatest part of them to go a Begging at this day, unless perhaps they could have reconciled themselves by turning Papists; it being well known, that they were so far from valuing themselves upon their own Strength, that (excepting that Gallant and Resolute Resistance made by the People of the North, at London-Derry and Inniskilling) they gave up all, and generally (meaning the People of Note) fled to England; (though many are of the Opinion, that they might have done more for themselves than they did, if they had stayed:) Thus were their Estates lost to them, beyond hopes of Recovery, but by the strength of England: Indeed when we had sent over an Army, some of them went back again, and together with those that remained in Ireland, did expose themselves, and acted a fair part in the War; yet all they were able to do, was so inconsiderable, in regard of the whole Management of the War, that I believe it won't be pretended, that we were made Masters of Ireland one day the sooner for their help. The vast Charge of an Army, Arms, Artillery, Ammunition, Provision, Shipping, etc. all this have we born, and paid for, by raising Taxes upon our own Estates, when we knew they were not able to Contribute any thing themselves; and after all this, what of a Man can have the Impudence to dispute with us, whether we have any Right to the forfeited Estates in Ireland? If the Kingdom of England hath no just Jurisdiction over Ireland, I will affirm, that the Irish were in no Rebellion, but were in the Exercise of the Natural Allegiance, and in the Discharge of that Duty which they owed to their Lawful King; there was no Act of their Parliament to declare King james abdicated, and the Throne vacant, neither indeed was there any pretence for it; because he came, and was actually present among them, and in the full Exercise of his de facto Kingly Power, as to them: But (as I said before) the People of England having in their Convention (which at that time was the Representative of the Nation) conferred the Crown of England and Ireland, and all other Territories and Dominions belonging to the English Empire, upon King William and Queen Mary; the Kingdom of Ireland, as a Member of the English Body, was as much bound to submit to that Revolution, as New-England, or any of the rest of our Colonies; and therefore the Opposition made by the Irish against it, was a perfect Rebellion, and rendered them liable to all the Pains and Penalties which the Municipal Laws of the Kingdom could inflict upon Rebels: This then justly forfeited their Estates to the King, as he is the Head, but not as in any separate Capacity from the Kingdom of England: We know however, what Authority the King hath to dispose of these Estates, to such as may have deserved well; and if the Parliament of England shall acquiesce therein, that's no Argument that therefore they have no Authority to intermeddle in that Matter, and their former practice (as he confesses) hath shown the contrary. He owns, p. 143. that In a War, the Estates of the Unjust Opposers, should go to repair the Damage that is done; but theirs do not resemble the Common Case of Wars between two Foreign Enemies, but are rather Rebellions, or Intestine Commotions. And so we say. But, he continues, If the Protestants of Ireland, by the Assistance of their Brethren of England, and their Purse, do prove Victorious: A fine Turn indeed; the Matter of Fact is, that the Army of England proved Victorious, and that without any thing that might reasonable be called Assistance from their Brethren, (as he, though somewhat assumingly in this case, calls themselves) the Protestants of Ireland, and yet forsooth the Victory must be theirs: No Man of Modesty, as this Gentleman would bespeak himself, could dare to put upon the World at this rate. Well, but he tells us, p. 143. The People of England ought to be fully repaid; but then the manner of their Payment, and in what way it shall be levied, aught to be left to the People of Ireland, in Parliament Assembled. He owns the Debt, and that we ought to be paid, but how, and which way, and when, aught to be left to them; a pretty New-fashioned Privilege this Gentleman is inventing for his Country; provided they own the Debt, the Creditor must be contented without any Security, without any Terms, and (consequently) without any Interest, how long soever he may be kept out of his Money; he ought to leave all that to the Good Will and Pleasure of his Honest Debtor; but I believe Mr. Molyneux would be loath to pass for such a Fool, in his own way of Dealing in the World, and sure he must measure us by an Irish Understanding, if he thinks this sort of Reasoning will go down with us. He goes on, And so it was after the Rebellion of Forty One; that's a Mistake, (though it deserves a harder Word) for he tells us, The Adventurers had several Acts of Parliament made in England for their reimbursing, by disposing to them the Rebels Lands; so that it was not then left at the Discretion of the People of Ireland: p. 144. 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. Here'tis' plain, that Acts of Parliament were made in England, for disposing the forfeited Estates of Ireland, which were believ'd to be of Validity, and a sufficient Security to the Adventurers at the time when they were made, otherwise People would not have advanced their Money upon them; and though I am no Lawyer, and don't think it concerns me to look after those Acts, yet from the Reason of the thing, I can't believe that those Persons that advanced this Money, could afterwards be legally deprived of the Interests granted them by those English Acts, by any after Authority of an Irish Parliament: If any were, I would advise them yet to sue to an English Parliament for Relief. 'Tis true, there had happened a Revolution, and perhaps some People that had those Lands, might be looked upon as under Delinquencies to the Government that then came to be uppermost, and we know that some of the Irish Papists were very strangely restored to their Estates, and the Possessors put out; yet if some Injustice was done, at such a time when many things were carried by Extremes, nothing will prove an invalidating of those English Statutes, less than either a total Repeal of them, and that he seems not to stand upon here, (though he suggested it in another place;) for he only says, they were made of no force, or at least were very much altered in many particulars; which is a certain Sign they were not repealed: Or to show that they were so altered, as to take away all the Lands that were possessed by any of those Adventurers, or their Descendants, by Virtue of those Acts of Parliament: If that can't be made out, (which sure he won't pretend to) it will remain, that those English Acts of Parliament did really dispose of the Rebels Lands in Ireland; and if there be any after Settling or Confirming them to the Safety of the Proprietors, by Act of Parliament in Ireland, that cannot impeach the Authority of the first Acts. Well, p. 144. he still allows, That we shall be repaid our Expenses; all they desire, is, that in preservation of their own Rights and Liberties, they may do it in their own Methods, regularly in their own Parliaments: And if the Reimbursement be all that England Stands on, what availeth it, whether it be done this way or that way, so it be done? A pretty loose way of Talking this; he speaks as confidently of reimbursing us, as if that were a small matter, and they had this way and that way, ways enough to do it; and they are so well prepared, that they desire nothing else but Liberty, to let them do it in their own methods. I am sorry we han't heard one word like this offered in their Parliaments, 'twould have looked much better from them, than from Mr. Molynellx, to have taken Notice of this great Debt to England, and to have at least declared their Intent of paying it; but he is a Member, and perhaps he knows their Minds better than I do; and because he proposes so fairly, I am willing to strike a Bargain with him; if he'll undertake on the Behalf of Ireland, I'll undertake on't the part of England, that if they are in good Earnest, willing and able to pay us his Debt, the Parliament of England (and I hope my good Intention in this matter, will obtain their Pardon for my presumption) will leave them entirely at Liberty, to raise it according to their Methods, as regularly in their own Parliaments as he desires; and this being (as he says) all they ask, let him but publish himself in Print once more, and engage to pledge his own Estate (which by the way he may value the less, by how much he is indebted to me, and the rest of the good People of England, for what we have paid to redeem it) to the Public, for the performance; I'll engage not only my Estate (which is somewhat to me, if it be not so great as his) but my Life too, that the Parliament of England will assent, to give them what time they please, for the payment of the Principal, if they can but give Security for the payment of the Interest at 6 per Cent. (though the Interest of Ireland is 10) and I believe I might adventure to promise, that upon the performance of such Articles, they would make him as Complete a King of Ireland as ever his King john was, and also give him a better Estate to support that Dignity, than was given to that Prince. I don't love Banter, but how can a Man treat such Discourse otherwise? is it not certain, that we have expended more Money (besides the invaluable Blood of our People) in the Reductions of Ireland, than all the Lands in the possession of the English are worth? and yet we have been so generous to them, as hitherto not to ask for one penny of Reimbursement from them. But see the inconsiderateness of this Gentleman, he hath been so far overseen, in the saying any thing that he has Thought could give the least support to his unreasonable Argument, as not only to scatter many pernicious Notions, which the Irish may lay hold on to the Prejudice of the English; but here also he hath started a Thought, that is capable of being improved more to the Benefit of England, than to the advantage of his own Countrymen, (as he distinguishes) the English of Ireland. Is there not Reason, that those who receive the greatest Benefit by the Public Expense, should contribute a proportion towards it? The People of England receive but a distant advantage by the Reduction of Ireland, and yet they have born the whole Charge; the Protestants of Ireland have receiveed an immediate Benefit, by being restored to very great and improving Estates, and yet they have paid nothing; the Government of England is extremely in Debt, and the Taxes will continue to lie very heavy upon the Inhabitants of England, where the Means of Sustsistance is much harder; but Ireland is recovered into a flourishing Condition, and through the great Plenty and Cheapness of Provisions, the People there by a little abatement of their abundant way of living, may spare Taxes much more easily than England: What then if the Parliament of England should entertain this Thought of his, and become of his Opinion, that they ought to be repaid their Expenses; and that the People of Ireland are now in a Condition to Contribute something towards it? especially since they are already become so Upish, and retain so small a Sense of Gratitude for the great Support we have so lately given them, as that not only this Gentleman, but others also have shown their Readiness to fly at our Heads, and even threaten us with the Consequences of their Resentments, for our only offering to Check their Progress in a Manufacture, which cannot be carried on there but to the Ruin of England: I say, if upon these Considerations, and so extraordinary an occasion, they should require a Certain Sum from the People of Ireland, I know not but that it may well consist with that Supreme Authority, which (as I have endeavoured to show) must be of the Essence of every Complete Empire; and that it would be no Violation upon that Constitution which was given them, if our Parliament should be content, That in preservation of their own Rights and Liberties, they may have Liberty to raise it in their own Methods, regularly in their own Parliaments. Perhaps Mr. Molyneux will tell us, that they have a Negative upon us; but he hath before put us in mind of an Unlucky Hank that our Admiralty hath on them. I doubt the Gentlemen of Ireland won't be well pleased with me for touching upon this Point, but they must reflect upon their own Advocate, but for whom it had never come into my Mind; and they ought not to be offended with me, for answering him in such a Way as his own Arguments require: I never designed them any ill Office, and if any advantage should be taken by this, I am as ready as Mr. Molyneux himself, for my part in it, with the lowest Submission to ask their Pardon. What follows next may be prefaced with a Monstrum horrendum, inform, ingens, cui lumen ademptum. We have an Example of this in Point between England and Holland, p. 144. the Glorious Revolution under his present Majesty; Holland in Assisting England expended Six Hundred Thousand Pounds, and the English Parliament fairly repaid them: It would look oddly, for Holland to have insisted on disposing of Lord Powis', and other Estates, by their own Laws, to reimburse themselves. An Example in Point; then Holland must once have Conquered England, and have ever since retained a Title to this Kingdom, and exercised an Authority over us, in directing all the Principal Managements of our Government: Neither can there be any Semblance of their assisting us at that time with Six Hundred Thousand Pounds; that Assistance was advanced wholly on the Credit of their Stadtholder, the (then) Prince of Orange, and the Assistance we had was only owing to him, who by the Success of that Glorious Expedition came to be Elected our King; and then the Parliament of England considering, the Inestimable Benefit England had received by that most Happy Revolution, thought it reasonable to repay them the full Charge which the States had advanced on this Account: Besides, if the Fact had been true, the Dutch knew we were well able to repay them, and they have had their Money to their Content, but we knew that the People of Ireland, if they would have beggared themselves, could never have reimbursed us, and therefore we have not, and perhaps (then) never intended to ask them for it: May this be called an Example in point too? After this, can there be a more Odious Comparison than what he infers, that the Dutch had as much reason to insist on the disposing Lord Powis' and other Estates, as our Parliament had to meddle in the matter of the Forfeited Estates of Ireland? I have sufficiently shown how the Government of England hath a Just Right to the Forfeited Estates in Ireland, but surely the Dutch can't pretend to any Right to Estates forfeited in England, by our Municipal Laws; and it does indeed look oddly enough in him, to Controvert this with us, before we are repaid one Farthing of a vastly greater Expense, and tell us, here's an Example in Point for us: Such Treatment as this would raise the Blood of an Englishman, and though a fitting Modesty and Regard to my Reader doth restrain me from venting the Resentment due to so great an Indignity put upon the English Nation; yet I hope I may be indulged to imprecate upon myself, if ever I should discover so little Thought, as to make use of Examples highly reflecting upon my Superiors, and yet no way agreeing with the Fact in hand; may I be Censured for an Eternal Blockhead, and condemned to wear my Book affixed on my Back, as a perpetual Badge of my Insolence and Folly. I am weary enough of this Head of Purchase, and yet I will take the pains to transcribe the last Paragraph on't from end to end: He says, p. 154. 'Tis an ungenerous thing to vilify good Offices, I am far from doing it, but with all possible Gratitude acknowledge the mighty Benefits Ireland has often received from England, in helping to suppress the Rebellions of this Country; 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 the same time propose the preventing of their own Danger, that would necessarily have attended our Ruin? if so, 'twas in some measure their own Battles they fought, when they fought for Ireland; and a great part of their Expense must be reckoned in their own Defence. If Mr. Molyneux had had a due sense of what he was saying, he could never have so solemnly protested against the ungenerousness of Vilifying good Offices, and yet in the next Breath attribute no more to England, in what she hath done for them, than just her helping to Suppress the Rebellions: Is not this Vilifying with a Witness? after we have Reduced Ireland, and put them into the Possession of their Estates, upon our own proper Cost and Strength, to have it lessened to no more than a little Lending them a Hand at a dead lift, and for which they are very willing to repay us (in Words)? Why, this is not worth his acknowledging with all possible Gratitude, the Mighty Benefits they have received from England, etc. But after all, this Mighty Hodgepodge of an Harangue is but to tickle us into a good Humour, that he may slyly usher in his Plea in Abatement of Damages, and so pay us all off with the Flap of a Fox-tail; It is to be Considered, whether England did not at the same time prevent their own Danger, and consequently in some measure fight their own Battles: We have been pretty well used to this ungrateful Compliment from others of his Country men, who have been apt on all Occasions to reflect upon us, that 'twas not for their sakes, but our own, that we reduced Ireland; only Mr. Molyneux, like himself, gives it us in finer Language: What if we also have received some Advantage by this Reduction? I should think that a People who had any due sense of Gratitude, might remain so well Content with the great Benefit that accrued to themselves, by the re-enjoyment of the Estates which they had lost, as not to upbraid us with any such reasonable Convenience which we might draw from it, without Prejudice to them. Can they think it had been fit for us to engage in so mighty an Expense, for no other Reason than to recover their Estates for them? Well, suppose we had thought fit only to fight our own Battles, and when we had done, to have bridled the Irish by strong Garrisons, and had no regard to have restored them to their Estates; perhaps we might have as well secured our own Interest that way: However, the Tenderness we had for them, (how ill soever some of them seem to have deserved it) would not suffer us to use so Severe a Policy, which yet if we had practised from the beginning, and kept our own People at home, would have turned to much better account to us, than if we should at last be so far overseen, as to suffer a Colony of our own to Contest with us for our Trade. But yet I am for Complying with Mr. Molyneux in this matter, and I am content that a part of this Expense, in proportion to the Benefit England shall be thought to have received by the Reduction of Ireland, shall remain upon our Account; but then I hope the vast advantage which immediately aocrews to the People of Ireland by the Recovery of their Lands, and the fair time we have spared them from Contributing any thing, may be thought justly to entitle them to the far better part of this Charge; and if Mr. Molyneux can with as much Ingenuity find a way to pay it, as he hath been ready to own it, he will very much oblige the Government of England, at a time when their own Occasions do so much want it. So much for Mr. Molyneuxes feigned pretence of Purchase, which can be but an Invention of some such pregnant Brain as his own; for I never before heard, that the People of England had set up any pretention for their Superiority over Ireland upon that foot; such another is that which follows. p. 145. Another thing alleged 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 itself 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? He discusses this Point very gravely, but since no Body ever thought of making this any Argument but himself, and we never pretended to have so little to do with them as with France and Spain, I'll trouble myself no further about it, but let it pass for a Mere Whimsy. Mr. Molyneux tells us, p. 148. The last thing he shall take Notice of, that some raise against them, is, that Ireland is to be looked upon as a Colony from England: Here he attempts to delude us with a fallacious Argument; but that is very easily solved by an Obvious Distinction. If he would not have Ireland looked upon as a Colony, yet I believe there can be no Notion of a Colony clearer, than that the English planted there, are so in the strictest Sense, and that I shall undertake to prove anon, although he calls it, The most Extravagant of all Objections against them; and then without doubt it must follow, that, As the Roman Colonies were subject to the Laws made by the Senate at Rome, so ought Ireland by those made by the great Council at Westminster. I may add, or any where else, where our Parliament may sit to Enact Laws. But he would not have this be thought To have the least Foundation or Colour from Reason or Record; does it not manifestly appear by the Constitution of Ireland, that 'tis a Complete Kingdom within itself? I say No, 'tis but the Form of a Kingdom; for since 'twas first subdued to England, Governors have always been set over it by England, and it never had Authority of itself to Exercise a Legislature, but by Directions from England. But now he's resolved he'll confute us, though Bellarmine stood in the way; Do not the Kings of England bear the Style of Ireland, (and why did he not mind the Arms too) among 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 Maryland? Don't the Great Turk bear the Title of a great many Kingdoms? Yes, and some of them have a more Complete Dominion among themselves than ever we gave Ireland; are they therefore all Complete Kingdoms within themselves? The Kings of Spain have so many Titles of Kingdoms, that they have quite lost the Knowledge where some of them grow; they have used the Styles of King of the East and West-Indies, and yet their acquisitions there have been but Colonies; Mexico and Peru are not Complete Kingdoms within themselves, though they have that Title, yea, and their Governors, have the Style of Vice-Roys, and that's a higher Feather than ever those of Ireland wore, (I should have excepted their absolute King john:) The Kings of England have never called Virginia, New-England, or Maryland, by the Name of Kingdoms; is there such a deal of weight in that? The Potuguez gave the Style of a Kingdom to Goa in the East-Indies, but they never did to Brazil, thought it be much the more Considerable Colony: And now I think on't, we were once about making our Dominions in America into a Vice-Royalty, under the Duke of Albermarle, sure than they must have made as Complete a Kingdom as Ireland; for they have as absolute a distinct Dominion within themselves, and I believe, are endowed with Authority for the regulating the Affairs of their own Governments, as ample in all Respects as Ireland, excepting only the Punctilio of a Titular Kingdom, and the Denomination of a Parliament, to the very same thing that in the others is called an Assembly: Are not all these things done or not done, according to the Humour or Fancy of Princes? Is there any thing of Essence or Reality in them? If the English of Ireland are in all other respects under the Circumstances of a Colony of England, will any Body besides Mr. Molyneux imagine, that this Title of a Kingdom doth exempt them? But he has more to say; Was not Ireland given by Henry the Second, in a Parliament at Oxford, to his Son John, 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? No, he continued a Subject of England, and was Tried for his Life as such; the Parliament of England limited him from using the Style of King: Can the King of a Separate Kingdom be limited, and yet his Kingdom remain wholly Independent? He continueth, p. 149. Have not multitudes of Acts of Parliament, both in England and Ireland, declared ireland a Complete Kingdom? but never Independent: Is not Ireland styled in them all the Kingdom or Realm of Ireland? Do these Names agree to a Colony? Yes, are not the Names of Colonies agreeable to Mexico and Peru, because the Acts of State in Spain style them Kingdoms? Have we not a Parliament, and Courts of judicature? Do these things agree with a Colony? Yes, and other Colonies have effectually the same. Neither doth this involve so many absurdities as he thinks, if we do but consider what sort of a thing a Colony is. When People began to multiply in the World, and fill those Tracts that were first inhabited, they were necessitated to spread themselves farther and farther, for the better Conveniency of Living; and thus the remoter Parts came in process of Time to be peopled, with such as are called the Aborigines of Nations: In the first and innocent Ages of the World, these lived in an undisturbed Quiet, contented in the Enjoyment of such things as with their own easy Cultivation, Nature plentifully bestowed in an abundance, sufficient for the Support of all Mankind, till the Malice and Enmity of the Devil, operating upon the depraved Minds of Men, through the Curse entailed upon on them, for the Disobedience of our First Parents, stirred up in them the Unnatural Desire of living according to their own Wills, without regard to the Principles of Reason, and the Laws of Nature, which God had eternally stamped upon their Minds: This soon began to break the first Harmony and good Order of the Creation, and came in time to change the whole Face of Humane Affairs, and introduce a very different kind of Oeconomy among Men. Hence it was, that the more powerful Communities, if they found their own Borders too straight for them, would not give themselves the Trouble of removing to distant uninhabited parts of the Earth, but took the Liberty to encroach upon their Neighbours, and possess themselves of what the Industry of other Men had made their own just Right and Property. These Violations of the Law of Nature taught the more scattered People to enter into Societies, and unite together for their Mutual Defence against the Invasions of others; and for the Well-ordering of Matters, and preventing private Injuries that might occur among themselves, they thought upon the constituting Laws, for the defining of Liberty and Property, and executing Justice upon such as should offend against them; they applied themselves also to the inventing of all such further Policies as might be conducive to the acquiring and preserving the Good of the whole Society; and whether they thought best to commit the Chief Conduct of their Government to one Person as Supreme, to rule them with the assistance of subordinate Ministers; or that they placed this Supreme Authority to govern in several, with joint Power, the end and intent was still one and the same, to procure and conserve the Good of the whole People, though the Names were differing, as that of Kingdom, Commonwealth, etc. Those that instituted the best Policies, and most suitable to their Circumstances, generally became the most powerful; a Sense of their Strength, and an Opinion of their Skill in Politic Managements, made them Ambitious to gain Dominion, and Rule over others: Some united through Fear, or for Convenience, and others were subdued by Force; thus from small Beginnings grew up Mighty Empires, who applied their whole Power to bring and keep all they could reach, under their own Dominion; by which means the Frame and Constitution of many Kingdoms and Countries came to be altered from their Original Settlements. There were yet another sort of Invaders, whose Manner was only to make room for the too Numerous Brood's of their Offspring, who did as it were swarm out in huge Multitudes, to take up new Dwellings, where they liked best; with no intent to erect any United Empire, or to return again to their Native Countries; these destroyed, drove away, or oppressed the Aborigines, or former Inhabitants, where they came, and possessed themselves of their Habitations. Of this latter sort have been the Ancient Scythians, the Goths, Vandals, Huns, and others of their Descendants, branched out into many other Appellations; but these may by no means be said to settle Colonies, because they retained not any dependence upon their Original Countries, but erected New and Absolute Governments upon their own Foundation. Of those that aimed at the gaining and keeping together of a Mighty Empire and Vast Dominions, the Romans were the last, who grew to the greatest height, and excelled all others in Power and Policy, and the present Kingdoms and States of Europe retain many of their Notions and Principles of Government to this day, though in many places with a large Mixture of the Gothick Constitution; but 'tis from them that we have principal'y learned the way of Settling and Managing of Colonies, and to their Practice we ought to have recourse in such Matters as relate thereto: And though we are not to expect, that the Circumstances of other Governments, and latter times, were obliged to follow the Roman Pattern in every particular, yet I believe, upon comparing them it will appear, that few have traced it nearer than we did, in the Subduing and Settling of Ireland. When the Romans had by Conquest, or any other Means, brought any Country under Subjection to their Government, they then gave the Country the Name of a Roman Province, possessed themselves of the most Considerable Towns and Fortresses, wherein they placed Competent Garrisons, and then withdrew the Body of their Army, appointing a Governor in Chief over them, whom they at any time afterwards recalled, and sent another at their Pleasure. Did not the English in their subduing Ireland, so far imitate this way of Management, as that the Country became united to their Empire, in the very Nature of a Roman Province? As the Inhabitants of the Country made more or less Resistance against them, the Romans granted them the more or less Liberty, so that they put Considerable Tributes or Services on some, and suffered others to enjoy great Franchises and Privileges ': In like manner, the Irish making little or no Resistance, had the Laws and Liberties of Englishmen granted them. This is the Nature of a Province, but a Colony is yet another thing: If the Romans liked the Province, and saw it convenient for them, they sent sufficient Numbers of their own People to settle in this Province, divided out such Lands to them as had been gained, to cultivate and manure for their own Advantage, and the Possession thereof to remain to their Posterity; the Exercise of the Roman Laws was granted them, and sometimes also they had a Senate allowed among themselves, who might enact such things as the Circumstances of their own Affairs did require; they and their Posterity always remained free Denizens of Rome, and were always protected and defended by her, as long as she had Power to do it; but they were ever obliged to pay an entire Obedience to the pream Decrees of the Senate of Rome, and were subject to be called home, if the Romans thought fit to dissolve the Colony. Let the Reader apply this to the Circumstance of Ireland, and consider whether it be not a better Example in point, than Mr. Molyneux lately gave us. I have taken the pains to say thus much on this Head, that if possible I might open the Understandings of Mr. Molyneux and his Admirers, that they may no longer lie under a Mistake in this matter: If the Inhabitants of Countries and Nations can be made up of no more than these three sorts of People, Aborigines, swarming Invaders, (if I may so call them) or Colonies; (as I think 'tis impossible to find more original Stems, whatever Branches or. Unions there may be). I am sure the English of Ireland won't pretend to be Aborigines there; neither can they reckon themselves to be upon the same bottom with the Gothick Excursions, for that was quite out of Fashion, and the Practice forgotten, Ages before they were born; all these parts of the World were settled under Kingdoms and Polite Governments, which with little alteration, (I don't say in their Forms of Governing, but) by Conquest, or otherwise, except by Unions, continue much the same to this day: They have frequently needed Help, and had been many times destroyed, or driven quite away, but for the constant Protection and Support they have always had from their Mother England; and they have ever received a Governor, and Directions for all the Principal Managements of their Government from her; these Circumstances can be no way agreeable to an Original Gothick Settlement; and since there's nothing else left, if Mr. Molyneux won't let them be a Colony of Old England, I see no room for them to take up any where, but in his Notion of the State of Nature, and then there will be need of reducing them again to Order as Wild-men. And though I take the Liberty to answer Mr. Molyneux after this manner, no Body can imagine that I could think of such a Reflection upon the Worthy English Gentlemen of Ireland, I am sure they will be much more ready to agree with me in the same thoughts of their Duty to their Mother Country, which I have Discoursed in Page 75, and 76. Mr. Molyneux thinks, p. 149. he hath now answered The only remaining Arguments that are sometimes mentioned against them, and so He proceeds to offer what he humbly conceives, demonstrates the justice of their Cause; and this takes up about twenty four pages to the end, in which he hath summed up his Discouse; much of which is a Repeating over again, What are the Natural Rights and Freedoms of Mankind; That no body can be bound without their own free Consent in Parliament, quoting Mr. Hooker, etc. and telling us again, of the Concessions made to them: But he might have spared himself and the Reader this Pains; we value Mr. Hooker, and all the rest that have written upon that Excellent Subject, as much as he; we have maintained the People of Ireland in the full Enjoyment of all that could be granted them in the first Constitution; they act as freely in their own Parliaments, in matters pertaining to themselves, as ever any Body of Men in their Circumstances did in the World; our Parliaments have always shown that regard to the Legislature which they own to be their Right, as that we have rarely meddled with it, and never but upon very extraordinary Occasions, either to help them in the time of their Distress, and when they were not in a Capacity to act for themselves, (as he confesses;) or when the Good of the whole English Empire (of which they are a part) did eminently require it, and which we should have done as effectually if they had sent Representatives to our Parliament, as we have done it without them, and as we do it to Kent and Sussex, in restraining the Owling Trade, notwithstanding they do send Representatives, who cannot hinder, if they Vote against; and to be sure, if they Vote for those Laws, act against the Confent of those that send them; and then why may not they complain of the Infringement of the Rights due to all Mankind, by putting Laws upon them, without their Consent? but Mr. Molyneux may say, they have Representments; what if they don't consent? may not these People then strongly insist, that they are not bound? Yes, sure, if General Notions of Liberty must be swallowed all in a Lump, without distinguishing; but here's a Majority in the Case, and that Obliges; if it be asked further, why should a Man be bound by ever so great a Majority, so as to be restrained from doing what he will with his own, according to the Liberty inherent in all Mankind, by the Law of Nature? Because he that is not born in the state of Nature, is effectually bound by the Consent of his Ancestors, to submit to the Constitution of his Country, and that with us determines that the Majority shall bind. Public Societies can never be kept together, nor the Good of the whole conserved, without some such binding, such Limitations of Freedom as this; and this is what we have reason to require from the English of Ireland, who are certainly a Colony of England, sent thither by us, bred up, cherished and protected by us, in the Enjoyment of good Estates and ample Privileges, sufficient to preserve the entire Freedom of their Persons and their Properties, in all manner of Liberty and perfect Enjoyment; excepting only, that if they should presume to extend it to such a Latitude, as would be highly injurious and prejudicial to England, and consequently to the whole English Empire, by wounding its Head; whereon also themselves always have, and must rely for assistance, so that in whatever they weaken her, they work their own Destruction: And the World will easily judge, that as we have the utmost of Reason on our sides, so if we are a perfect Government, we must have sufficient Power residing in our Constitution, to act upon all Extraordinary Occasions, whatever we shall find absolutely necessary to our Preservation, even to the binding of all the Members of our Empire, without being obliged to ask their Assent. The rest is little more than dilating upon Conclusions, arising from such Premises, which I hope I have sufficiently refuted in my former Discourse, and therefore I shall meddle no more with it, but to touch upon two Passages: The one is, where he tells us, p. 166. that It is against the King's Prerogative, that the Parliament of England should have any coordinate Power with him, to introduce New Laws, or repeal old Laws established in Ireland: But his Argument upon this is either false Printed, or downright Nonsense, or at least so Confused, that I Confess I can't unravel it, and I'll beg the Reader, if he would see it, to look for it in page 167. for 'tis too long to Transcribe and Comment upon, where any on't is intelligible: But to take it in the gross, 'tis no more than a weak attempt to raise a Jealousy, about hurting the King's Prerogative, when yet nothing that he hath offered looks like it, but rather shows the King's Prerogative to be less there than in England. I wonder Mr. Molyneux should render himself so ignorant of our Constitution, in magnifying the Negative Vote, which their Parliament hath upon whatever Law is sent to them from the King in his Privy Council, as if that were a higher Privilege than the English Parliament has; whenas a little Inquiry into these Matters would have informed him, that the King can, if he please, bring a Bill into Parliament here, and either House may reject it, if they don't like the Law: But than what Laws he sends to their Parliament, must be first approved in the Privy Council here, and doth not that show that an Authority inferior to our High Court of Parliament, hath a sort of coordinate Power with him in the Legislature of Ireland? And is it not an evident Demonstration, that the King doth not act any thing in relation to Ireland, upon any distinct Prerogative, as various and differing from what was inherent in the Imperial Crown of England? Nay, is not the King's Prerogative exerted in a higher degree, in the manner of his passing an English Law, where he comes into the House of Lords, and exercises in his own Person alone, (and without taking the Advice of the Privy Council of either of his other Kingdoms) one full Third Part of the Legislative Authority, and in Power above one half, as having the Casting Vote, by which he can deny against the other two Estates? And when he thus passes any Law, affecting Ireland, can any thing be more absurd, than to suggest, p. 167. That he thereby suffers a precious jewel of his Crown to be handled roughly? The last Passage I shall observe, p. 172. is his Parting-blow, the last three Pages, wherein he Cautions us two or three times over, how Unsafe it may be for us to assume a jurisdiction, whereby the Lords and People of Ireland may think themselves ill used, their Rights and Liberties invaded and taken away, and they may be driven into Discontent; from whence he hints, there may be ill Consequences: We may easily see his Meaning to be a Menace, and though there may be some few of them as inconsiderate as he is, yet we have a better Opinion of the Body of the English Protestants there, than to believe that they will ever give us Occasion to think, that we have need of Exercising severe Methods, to keep them in their due Obedience; Nay, had we the least doubt of this, it would behoove us not to suffer any Gentleman, who hath an Estate in Ireland, to bear any Command in our Army there, till he had given us the utmost Assurance that he was not tainted with Mr. Molyneuxes Opinions. However, let me tell him, that a Supreme Authority ought not to be set upon at the Rate he does. And now I will take leave to show the Lords and Gentlemen of Ireland, some of the ill Consequences that may attend them, if Mr. Molyneuxes Positions should gain an entire Credit. First, If the Parliament of England should be persuaded, that they ought to look upon Ireland as a Distinct, Separate and Absolute Kingdom, with which they have nothing to do; they might not think it unreasonable for them, to demand a speedy payment of all the Expenses England hath been at, in the many Assistances which they have given them; and if they shall refuse to pay it, whether it may not be just to recover our own from any Neighbour Nation by Force, if we shall think ourselves able to do it? Secondly, If the Kingdom of Ireland belongs to the King as his own Propriety, distinct from the Kingdom of England; if the Irish should at any time hereafter believe that the King of England could not be able to protect his Potestant Subjects there, without the Assistance of Men and Money from his English Parliament, and should thereupon make another Attempt to drive them out, and seize their Estates; whether the Parliament of England would think themselves obliged to be at any further Expense, to protect a People with whom they had nothing to do, and who had shown so little Gratitude for what had been done for them formerly. Thirdly, If Ireland be such an Absolute, Independent Kingdom, by virtue of the Concessions formerly granted to them by England, those Concessions were made to the Native Irish and Old English settled there; all that Mr. Molyneux hath argued is entirely their Case, and they alone have Right to be considered, and treated with as the Body of that Kingdom; but the Modern English Protestants can have no Interest in these Ancient Grants; they are still our own People, went thither with our leave, and may not stay there without our permission; if then the Government of England should think fit to recall them, (as they may those that are in France, Holland, etc.) Whether the Irish Papists could either have Will or Power to protect or keep them from us? And now as I have been necessitated upon several former Occasions, to show that Mr. Molyneux hath started many things, that may be made use of to the Disadvantage of the English of Ireland; so I think, I have also demonstrated, that upon the foregoing Considerations, his Notions, if they should be thought reasonable, so far as to obtain upon the Parliament of England, to believe that they ought to quit all manner of Pretensions of their Superiority over Ireland, as amply as he desires; the Consequence must draw immediate Destruction and Ruin upon them; which I should think might sufficiently convince the Gentlemen of Ireland, that Mr. Molyneux hath not deserved well of them in writing this Book: And I hope they will think, that I have employed my time much more to their Advantage, if it may convince any that have been lead into his Mistakes, that 'tis the true Interest of the Protestants of Ireland, to remain constant and firm in their Loyalty and Obedience to the King and Kingdom of England, and to esteem it their great Happiness, that they be annexed in so easy a Subordination, to a Kingdom that is so well able to protect them, and hath required so little from them; and never more to think that their being restrained from interfering with us in our principal Trade, can be too great a Retribution for the many Benefits and frequent Preservations which they have received from us, especially since they are in much easier Circumstances than the People of England to live without it; whereas the Robbing England of it, must inevitably introduce a Decay of her Riches and Power, and render her incapable to give Ireland that large Assistance that she may possibly at some time or other need again. England hath been, and must still continue to be at a mighty Expense to maintain her Navies, and the Civil List, from all which they receive the Benefit of being protected in their Estates and Trade, without being hitherto asked to pay one penny towards it, so that they may clearly see, that 'twill be much easier for them to continue in such a Subordination, than to aspire to the Dignity of an Independent Kingdom, which they cannot be able to si[[prt. I have now done with Mr. Molyneuxes Book, and since I have taken so much pains with it, I hope I may be permitted to give it such a Character at parting, as I think to be in a most peculiar manner agreeable to it: 'Tis an abundance of Well chosen Words, and Fine Rhetorical Turns to prove nothing; 'tis a multitude of Arguguments and Authorities, brought together to confute its own Author; and 'tis a promulgating of such inconsiderate Notions, as would ruin and undo the People, for whom it undertakes to be a Zealous Advocate. If it should be thought by some, that I have been too sharp in some Expressions, there are yet others, whose Judgement I have taken, that are of the Opinion, that so Insolent an Argument merits no less; and I think such a Discourse cannot well be treated with that Coolness and Indifference, which might become a Modest Controversy: Subjects that so rashly undertake to disturb the Minds of People, and assail the Authority of a powerful Kingdom, in matters of so high a Nature, deserve at least to suffer such a Correction, that others may be deterred from the like Bold Attempts; let it be remembered, that Salmasius was lashed to Death by a Pen, provoked in (what in those times he thought) the Cause of his Country, and Mr. Molyneux may be thankful, that we have no Milton living to handle him. I am a perfect Stranger to the Gentleman, and can have no personal Disrespect for him; and if he'll give me leave to distinguish, as nicely as he does between the King and the Kingdom, 'tis his Book, not him that I would expose; after all, if in regard to his Person, I do with the lowest Submission ask his Pardon in the End, I hope I shall come off with as good Manners, as he does with the Parliament of England, in asking theirs in the Beginning of his Discourse. Last of all, to reflect a little upon myself, I ought to ask Pardon of the World for what Mistakes I may have committed; for I cannot think so well of myself, but that some may have slipped my own Observation: Reading hath not been my Business, and therefore it may seem somewhat strange, that I should have undertaken to deal with a Book that professes so much; I was resolved therefore to handle it in such a way wherein I might be most safe. There was indeed room enough for me to show, from undeniable Authorities, that Mr. Molyneux hath very extra-vagantly erred and fallen short, in his Representation of this Matter; for there are many English Acts of Parliament extant, which prove, that as well in ancient times, as since poinding's Law, the constant practice of England hath been to make Laws binding upon Ireland, as often as they saw fit; whereof he hath taken no manner of Notice; which must conclude him either to have dealt very disingeniously, or what will no less reflect upon him, that he was too ignorant in Matters of Fact, for so considerable an Attempt: But this part being undertaken by a much abler Pen, I was resolved to let all that alone, and meddle with no Authorities but what Mr. Molyneux hath produced; and as far as possible to admit of his own Arguments, and only endeavour to turn the Reason, which Naturally flows from them, against him. Can there be a fairer Opposition, than to fight a Man at his own Weapons? I have indeed here and there, as Occasion hath required, asserted some things that may have occurred to me, through that small stock of Reading or Conversation that hath fallen to my share; and if my Memory don't serve me so well as to be able to prove them out of Authors, I don't think 'twill be thought any great Fault; it may be sufficient for me to say, that they are become Principles to me; and I think them so conspicuous, that the reasonable part of Mankind don't disagree about them: Besides, I was resolved to have a Care of Mr. Molyneuxes Failing, lest I should chance to quote any Authorities which might with more advantage be used against me. I had never meddled in this Matter, but that I saw Mr. Molyneux was so egregiously out in it, as that a Man of indifferent Reasoning might undertake it, and 'twas that part only that I was willing to attempt: Neither did I resolve to go on with it, when I was told that a very Learned Gentleman had an Answer in Hand, till showing what I had written to some Gentlemen of better Judgements than my own, I was encouraged by them to go through in the way I had begun, because they believed Mr. Attwood would principally handle the Learned part, and mine might also have its Service. How meanly soever I have been able to perform it, I am sure it will appear that my Intentions were right, and I need no more to recommend me to the Charitable part of Mankind, and he that is afraid of the rest, aught of all things in the World▪ to forbear Writing in this Critical Age. FINIS. Some few Faults have escaped the Press, ●hich the Reader is desired to Correct. Page 14 of the Epistle, Line 4 Read a Feudatory. Page 13 Line 21 Read as with. 34 14 Rebellions. 75 14 Person. 80 13 Independent. 128 1 this Debt. 156 8 Representatives. BOOKS Printed for R. Parker, under the Royal-Exchange in Cornhill. OF Wisdom three Books, written Originally in French by the Sieur de Charron, with an Account of the Author, made English by George Stanhope, D. D. late Fellow of King's College in Cambridge, from the best Edition. Corrected and Enlarged by the Author a little before his death. The Roman History, from the Building of the City to the perfect Settlement of the Empire. By Augustus Caesar; containing the Space of 727 Years, designed as well for the Understanding the Roman Authors, as the Roman Affairs. By Lawrence Echard, A. M. 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