T h
<111 of
IRELAND'S
Being Bound by
Ad:s of Parliament
I N
ENGLAND,
Stated.
B Y
William S^/folynetix,
of Dublin, Efq;
Dublin, Printed by Jofepk Ray, and are
to be Sold at his Shop in Skin-
tier-Row.MDCXCVIIl.
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/t/^5—^
TO T H E
KING.
SIR,
TH E Expedition
Your Majesty
Undertook into
England, to Ref-
cue thefe Nations from Ar*
bitrary Power^ and thofe Un-
juft Invafions that were made
A a on
On our Religion, Laws,
Rights and Liberties, was an
Action in it Self fo Great,
and of fuch Immenfe Bene¬
fit to our Diftreffed Coun¬
tries, that 'tis Impolfible to
give it a Reprefentation fo
Glorious as it Deferves. Of
all YoUr Majelly's Kingdom's,
hone was more Senfible of
the Happy EfFedts thereof,
t han Yovtx Kingdom of Ireland?
which from the Depth of
Mifery and Defpair, is Rai-
fed by your Majefty to a Pro-
fperous and FlourifliingCon-
dition. And we prefume
moft humbly to Implore the
Continuance of Your Maje¬
sty's Graces to us, byProtc-
ding-
&ing and Defending thofe
(Rights and Liberties which we
have Enjoy'd under the
Crown of England for above
Five Hundred Years, and
which fame of late do En¬
deavour to Violate. Your
mod: Excellent Majefty is
the Common Indulgent Father of
all your Countries; and have
an Equal Regard to the -
! Rights of all Your j
and will not permit the Eld-
ejl, becaqfe the , to
Encroach on the Poflcflions
of the Tounger : Efpccially
confidering with what Duty,
Loyalty, and Filial Obedi¬
ence, we have ever behav'd
our felves to Your Majefty :
A 3 Info-
Infomuch that I take leave
toAflert, That YourMaje-
fly has not in all Your Domi¬
nions a People more United
and Steady to Your Interefts,
than the Protejlants of Ireland:
Which has manifeftly Ap-
pcar'd in all our A&ions and
Parliamentary Proceedings,
fince Your Majefty's Happy
Acceflion to the Throne.
To Relieve the Diftrefs'd,
has ever been the Peculiar
Char after of Your Majefty's
Glorious Family. The United
- ' V
Provinces have found this in
, ■ -.i
Your Famous Anceflors: And
' ; ■>/ *
all Europe has been Senfiblc
of this in Your Per/on.
To this End more particu¬
larly
larly You came into thefe
Kingdoms, as Your Majefty
has been pleas'd to Declare:
And as You have EPtablifh'd
the (Rights and Liberties of Eng¬
land on a Foundation that, we
hope, cm never be Jbake So
we doubt not but Your Sa¬
cred Majefty will have a
Tender Care of Your Poor
SubjeSls of Ireland, who are
EquaUy Your Subje&s, as the
reft of Your People.
, V
lulj
Pardon, I mo ft: Humbly
befeech Your Majefty, my
Prefumption, in Appealing
to You on this Occafion :
Nothing but the Dignity and
Weight of the Subjeft:, can
„ A 4. Ex-
jiii
Excufe my Bolcjnefs herein;
But if That be Confider'd,
it Qeferves the Regard of
£he Greateft Prince ; 'Tis iiq
lefs than the Rights and Li.
her ties of one of His King¬
doms, on which their Reli¬
gion, their Property, their
MDepends; and which
they liaye Enjoyed for Five
Hundred Years paft. This,
1 think,( have clearly Chewij
in the following Leaves : I
am Aire, if my Management
thereof, were fuitable to the
Juftice of our Caufe, our
Friends of 'Englancan no
longer Doubt it.
At Your Majefty's Feet
therefore, I throw it; and
with it the Unworthy Au¬
thor thereof,
(May it pleafe Majeftf)
Tour Majejiy*s
Hfofl DutifLoyafj
and Obedient
SubjeEl and ,
William Molyneux,
PREFACE
t
N
TO THE
1 C V' w* '( ■ ' , <, 5
READER.
. : iv. ■ i c*. •
r • rj ;
.. upi ■ ■ mi ,
B* HaVe nothing to
y in this , more
than to let the Reader
know.how Unconcern'd
J am in any of thofe Particular
Inducements, which might feetn
at
at this JunSlure to have Qccaji-
on'd the following V
I haVe not any Concern in
Wooll, or theWooll-Trade.
I am no wife lnterejl in the
Forfeitures, or Grants. 1
pot at all Solicitous, whether the
Bifhop, er Society of Deny
Recover the. Land they Cotitefl
about. t
. ■ J K I ' vil /:
So that, 1 think, I am as Free
from any Perional Prejudice
in this Caufey as 'tis poffihle to
Expect any Manjhould , that
has an Eftate and Property '
» t _
this Kingdomy and who is a
Member of Parliament
in 1 hope therefore 'tis a Pub-
lick
Mck Principle
me to this Undertaking : 1
fure, 1 am not C to my
Self of any other .
1 have heard it has been
That perhaps I might run
Hazard in Attempting this Ar-
gument • 'But 1 am not at all Ap-
prehenjive of any fuch Danger :
We are in a Miferab Condition
indeed, if we may not be Al¬
low' d to Complain, when we
think we are Hurt; and to
give our Rea/ons with all Mo-
defty and Snbmiffion. But
were it otberwi/Cf it would
in the leajl AjfeSt, or Difcourage
me in an Attempt>where 1 think
tny Cattfe Good} and my Country
' Con-
Concern J, and where I am fully
perfwaded, the True Intereft
of England is as Deeply
gaged,asf^eProteftant Intereft
of Ireland.
The Great and Juft Coun¬
cil of England freely Allows
all Jddrejfes of this fort To
fv eccive and Hear Grievancesj
is a great part of their Bujinefs j
and to Redrcfs is their
Chief Glory. But this is not
to he done, till they are laid he-
fore them, and fairly Stated for
their Confederation*
This I have in
the following Taper. What
cefs it may have, 1 am not very
folicitous about. J Done
what 1 thought was my Duty,
and Commit the Event GO D
Almighty, and the Wife
Council of England.
Dublin, Febr. 8.
7
1698.
W. Molyneux.
The
3
The CASE
O F
IRELAND*
Being Bound by
A&s of Parliament
ENGLAND,
STATED.
HAVE ever been fc int^JuTon,
r ,, r j j r , and Oecalion
fully perfwaded of the0f rhis du:
ftri£t Juftice of the Parlia- quiGtion,
ment of England, that I
could never think that any
of Their Proceedings,
which might feem to have
the leaft Tendency to Hardihip on
their Neighbours, could arife from
any thing but want of Duelnfor-
fnation, and a right State,.of the
J& Sufmeis
Bufinefs under their Confideratiom
The want of which, in Matters;
wherein another People are chiefly
Concern d, is no Defecft in the Par¬
liament of England, but is high¬
ly Blameable in the Perfons whole
Affair is Tranfaddng, and who
permit that Illuftrious Body of Se ¬
nators to be Mif-inform'd, with¬
out giving them that Light that
might Redifie them.
1 could never Imagine that thofe
Great Ajjertors of their Own Liber¬
ties and Rights, could ever think
of making the leaft Breach in the
Rights and Liberties oi their Neigh¬
bours^ unlefs they thought that
they had Right fo to do ; and this
they might well fhrmife, if their
Neighbours quietly fee their In^
clofures Invaded , without Expo-
ftulating the Matter at leaft, and
fliewing Reafons, why they may
think that Hardlhips are put upon
them therein.
The Confideration hereof has
Excited me to undertake this Dif-
quifition, which I do with all Ima¬
ginable Diffidence of my own Peifc
formanCe, and with the moft pro«i
fbtmd Refped and Deference td
that Auguft Senate. The prefent
Jundure of Affairs, when the Buff-
nefs of Ireland is under the Conff-
deration of both Houfes of the
Engliili Parliament*, feems to re-« Biiiiop eP
quire this from fome Perfon ; and^rr m tM
feeing all Others filent, I venture Lords, °and
to Expofe my own Weaknefs, ra- Prohibiting
ther than be wanting at this time ofPo^wook
to my Country. I might fay indeed len Manufa-
to Mankind; for 'tis the Caufe of ^^cino^lc-
the whole Race of Adam, that I commons,
Argue: Liberty feems the Inherent
Right of all Mankind; and on
whatfoever Ground any one Nati¬
on can Challenge it to themfelves,
on the fame Reafon may the Reft
of Adam s Children Exped it.
If what I Offer herein feems to
carry any Weight, in relation to
my own Poor Country, I lhall be
abundantly happy in the Attempt:
But if after all, the Great Council
of England Refolve the contrary,
I fhall then believe my felf to be
in an Error, and with the lovveft
Submiffion ask Pa'rdonfor my Af-
furance. However, I humbly pre-
fame I fliall not be hardly Cenfur'd
JB % fifi
I! I
•!V. I
|i:
I
fcy tliern, for offering to lay before
them a fair State of our Cafe,by fuch
Information as I can procure; efpe-
ciaily when at the fame time I de¬
clare my Intention of a Submiflive
Acquielcence in whatever they Re-
lolve for or againft what I Otter.
Subjtft of this The Subject therefore of our
Inquiry. preient Difquifition fliall be, How
far the Parliament of England may
think it Reafonalle to intermeddle
with the Affairs of Ireland , and
Bind us up hy Laws made in their
Houfe.
And feeing the Right which
England may pretend to, for Bind¬
ing us by their Adts of Parliament,
can be founded only on the Imagi¬
nary Title of Conquejl or Purchafey
or on Precedents and Matters of
Record; We fliall Enquire into the
following Particulars.
(i.) Firff How Ireland became
a Kingdom Annex d to the Crown
of England. And here \Ve fliall
at large give a faithful Narrative
ot the Fir ft Expedition of the Bri¬
tain s intothis Country, and King
J
try
Henry the Second's Arrival here,
inch as our bed Hidori^ns give us.
Qzl) Secondly, We ihall Enquire,
Whether this Expedition, and the
Englilh- Settlement that afterwards
follow'd thereon, can properly be
call'd a Conqueft f Or whether any
Victories obtain d by the EngUflj,
in any fucceeding Ages in this
Kingdom, upon any Rebellion, may
be cail'd a Con^uejl thereof 1
'J
(3.) Thirdly, Granting that it
Were a Comjuell, we ihall Enquire-
what Title a Conqueil gives.
(4.) Fourthly, We ihall Enquire
what ConceJ/ions have been trom
time to time made to Ireland, to
take off what even the moil Rigo¬
rous Ailertors of a Conquerourjs
Tide do pretend to. And herein
we ihall Ihevv by what Degrees thf
Englilh Form of Government, and
the Enghili Statute-Laws, came to
be received among us* :* And this
ihall appear, to be wholly by the
Confent of the People and Parli^r
meat of Ireland\
B .5' (T
~
GO Fifthly, We fliall Enquire
into the Precedents and Opinions
of the Learned in the Laws, rela¬
ting to this Matter, with Obfer*
yations thereon.
(6.) Sixthly, We fliall Confider
the Reafons and Arguments that
may be farther Offered on one fide
and t'other ; and fliall Draw fome
General Coricluftons from the
Whole.
Stain's Grft As to the Firft, We fliall find
Expedition in-tiK Hiftory of the Firft Expedi¬
te rc ah . ^ t[ie Englifh into Ireland, to
be briefly thus : In the Reign of
^King Henry the Second, Dermot
Fitzmurchard, commonly called
Mac-Morrogh, Prince of Leinfter,
who was a Man Cruel and Op-
'preffive, after many Battels with
other Princes of Ireland, and be¬
ing Beaten "and put to Flight by
them, Apply'd for Relief to King
Henry the Second, who was then
buffed in Aquitain ; the King was
not then in luch Circumftances as
to afford him much Help : How¬
ever thus much he did for him,
C?)
By Letters Patents he granted Li*
cenfe to all his Subjects through¬
out his Dominions, to Affift the
faid Prince to Recover his Domi¬
nions. Thefe Letters Patents are
to be feen in * Giraldus Camlrenfisy * GinUm
who was Hiftoriographer and Se- c*mbr.mb.
cretary to King Hen. II. and Ac- Llb
companied him in his Expedition
into Ireland, and from him it is
that we have this Relation. The
frifh Prince brought thefe Letters
into England^ and caufed them to
be Read in the Audience of many
People; Beating up, as it were, for
Voluntiers and free Adventurers
into Ireland. At length, Richard
Earl of Strigul (now Chepjiow in
Monmouthjhire) Son of Earl Gil-
berty calf d StrongboiVy Agreed with
him, to Affift him in the Recovery
of his Country, on Condition that
Permot ftiould give him his Eldeft
Daughter in Marriage, and his
Kingdom of Leinjler after his
Death. About the fame time Ro¬
bert FitZ'Stepheny Governour of
Aberlefie in Wales, Agreed like-
wife with Dermot to help him, on
Condition that he would grant to
liim and Maurice Fitzgerald in Fee
J B 4 the
{ 8 )
the City of Wexford, with tWO
Cantreds or Hundreds of Land
near adjoyning.
Thefe Adventurers afterwards
Went over, and were fuccefsful in
Treating with the Irijh, and Ta¬
king Wexford, Wat erf or if, Dull in,
and other Places. Whereupon Earl
Richard Strongbow married Dermoid
Daughter, and according to Com¬
pact, fucceeded him in his King¬
dom.
x-. j ( >
mn. li. comes A little after the Defcent of thefe
?nto . ^Adventurers, King Henry II. him-
felf went into Ireland with an Ar¬
my, in November 1172. and-finding
that his Subjects of England had
made a very good hand of their
Expedition, he obtained from Earl
Richard Strongbow a Surrender of
Dublin, with the Cantrcds adjoyn-
ing, and all the Maritine Towns
and Caftles, But Strongbow and
his Heirs were to Enjoy the Reil-
due of Dermot s Principality.
irtfh fubmit to King Hen.lt. Landed at Water-
ford from Milford in Pembrookfhire,
and flaying there feme few days,
(fays
to
-(fays Giraldus Camhrenfis) Rex Cor£
cagienfis Dormitius advenit ei,
tarn SubjeCt ionis vinculo quam fideli-
Sacramento Regi Anglorum fie
fponte fubmifit. He freely /wore Feal¬
ty and Subjettion to the King of
England.
From thence he went to Lifimorel
and thence to Cafhel, where Dunal-
dus King of Lymerick^fe quoque fide-
lem Regi exhibuit. The like did
all the Nobility and Princes in the
South of Ireland\
Afterwards he marched to Dub-
Uny and there the Princes of the
Adjacent Countries came to him,
& fub Fide lit a^is & Subjection is ol-
tentu a Rege Pacem impetrabant.
Thus Camhrenfis in his Hibernia
Expugnata; and there he mentions
the feveral Princes that came in,
v izt. Macfhaghlin King of Ophalyy
0 Carrol King of Uriel (now Lowth)
0 Rourk King of Meath, Rotherick
0 Connor King of Connaughty and
Monarch as it were of the whole
Ifland, with divers others, qui fir*
mijjimis fidelitatis & JubjeCiionisvin-
<ulis Domino Regi innodarunt & in
lingulari Rotherico Conaftiae Principle
tanquam Infnlcc r Monarchal fubditi
redduntur univerji, nec alicujus fere
in Infula vel nominis veI ominiserat
qui Regi# Majejlati & Deb it am Do¬
mino Reverentiamy non exhiberet.
,\y. \Av
The fame Relation we have
from Roger Hove den (Annal. parf •
poller, fol 304.) About the Ka¬
lends of November r 171. (faith he)
King Henry If of England, took
Shipping for Ireland mMilford, and
Landed at Wat erford, & ibi vene-
runt ad eum Rex Corcagienfis , Rex
de LymerickjRex de Oxenie,Rex Mi¬
di#, tf? fere omnes Hibernice Poten-
tes. And a little afterwards in the
fame place fpeaking of King Henry
the Seconds being at Waterfordy
ibidem venerunt ad Regem Angli<e
omnes Archiepifcopiy Epifcopiy &
Abhates tot 1 us Hihernice, Cf> recepe-
runt turn in Regem & Dominum Hi-
bernie jurantes ei & heredibus Juis
pi del it at em tf? Regnandi fuper eos
Potest at em in perpetuum (0 inde De-
derunt ei Chart as juas. Exemplo au-
tem. Cleric or urn predilli Reges &
* Principes Hilerni# receperunt Jimili
*wodo Menricum Regem Anglic in
- A Domi*
C "T
Vpminum & Regem Hilernix,
fui devenerunty ei & Heredilus
fuis Fide lit at em centra cmnes Jura *
iterant.
11 m
Matthew Paris likewife in his
Hiftory fpeaking of King Hen.II,
being in Irelandy faith, Archiepif-
copi & Epifcopi ipfum in Regem &
Eominum receperunty & ei Fide lit a-*
tem & Homagium Juraverunt.
John Brampton Abbot of Jornal
Jg$§?in his Hiftoria JornalenJiy pag.
1070. fpeaking of Hen. II. hath
thefe words, Recepit ah uno^uo^ue
Archiepifcopo & Epifcopo Hibernian
Lit eras cum Sigillis Juis in modum
Charta pendentibuSy Regnum Hiber¬
nian fill & Hceredilus fuis Qonfir~
manteSy & Teftimonium perhibentes
ipfos in Hibernia eum Heredes
Juosfibi in Reges 5? Dominos in per-
petuum Conflituijfe. All the Arch-
bifhopSy BifhopSy and Abbots of Ire¬
landcame to the King of England\
and Received him for King and
Lord of Irelandy fvvearing Fealty
to him and his Heirs for ever. The
'Kings alfo and Princes of Ireland,\
did in like manner Receive Henry
King
1
I! I
11
■ 1
ifr'l
I
II
I i
i
1 J
'King of England, for Lord of Ire-
land) and became his Men, and did
him Homage, and fvvore Fealty to
him and his Heirs againft all Men.
And he received Letters from them
with their Seals penden; in man¬
ner of Charters, confirming the
Kingdom of Ireland to him and
his Heirs; and Teftifying, that
they in Ireland had Qrdain'd him
and his Heirs to be their King and
Lord of Ireland for ever. After
which, he r etanvd into England in
April following, uizt. April 1*75;
. 5*.
; .
treUnd whe- * c^me *° Enquire into our
thcrcver Con-Second. Particular propoied, Viz.
qiicr'd- Whether Ireland might be proper¬
ly laid to be Conquer & by King
Henry the Sepond, or by any other
Prince in any fticceeding Rebelr
lion. And here we are to under¬
hand by Conquejl, an Acquifetion of a
Kingdom by Vorce of Arms, to which,
Force like wife has been Oppofedy if
we are to underhand Conqueft in
any other lenfe, I fee not of what
Ule .it can be made againft Irelands
being a Free Country. I know
Conquejlus fignifies a Peaceable Act
quiiition, as well as an Hoftilc
Subju-*
13 }
Subjugating of an Enemy. FiJ.
Spklmarfs Glof. And in this ftrile
William the Firft is call'd the Con-
querour, and many of our Kings
have uled the Epocha pojl Conque-
Jlurn. And io likewife Henry the
Second {tiled himfelf Conquejtor &
Dominus Hibernice; but that His
Coriqueft was no violent Subjuga¬
tion of this Kingdom, is manileft
from what foregoes : For herejwe
have an Intire and Voluntary Sub-
miffion of all the Ecclefiaftical and
Civil States of Ireland\ to King
Henry II. without the leaft Holtile
Stroke on any fide ; We hear not
in any of the Chronicles of any
Violence on either Part, all was
Tranfa&ed with the greatefl
Quiet, Tranquility, and Freedom,
imaginable. I doubt not but the
Barbarous People of the IHand at
that time were {truck with Fear and
Terror of King Hen.IVs Powerful
Force which he brought with him;
but Hill their Eafie and Voluntary
Submiflions Exempts them from
the Confequents of an Hojlile Con-
quejly whatever they are ; where
there is no Oppofition, fucb a Con-,
bueji can take no $ace.
I have before taken Notice bf
Henry the IPs ufing the Stile of
*Mr. Stfkn Conquejlor Hiberni#*; I preiume
eharcvcr^.110 Argument can be drawn from
ufed this Stiic. hence, for Ireland's being a Con-
c!fs7nlZ'2' Country ; for we find that
many of the Kings of England
have ufed the dEra of fojl Conque-
Jlum; Edward the Third was the
firft that ufed it in England,, and
we frequently meet with Henricius
pojl Conquefium Quartus, &c. as ta¬
king the Norman Invafion of Willi¬
am the Firft, for a Conquefi. But
I believe the People of England
would take it very ill to be
thought a Conquer'd Nation, in rhe
fenfe that lome impofe it on Ire¬
land: And yet we find the fame
Reafon in one Cafe, as in t'other,
if the Argument from the King's
Stile of Conquejlor prevail. Nay,
England may be faid much more
properly to be Conquer1 & by William
the Firft, than Ireland by Henry the
Second: For we all know with
what Violence and Oppofition
from Harrold, K. William obtain'd
the Kingdom, after a Bloody Bau
tel nigh Haflings. Whereas Henryj
the
ifie Second receiv'd nor tlie lead
•%', i) Oppofition in I all came in
he Stilt < Peaceably, and had large Concef-
Ip«lin fions made them of die like Laws
and Liberties with the People of
England, which they gladly Acce-
*c&di pted, as we lhall fee hereafter. But
ot hfjt I am fully fatisfy'd, that neither
/jlfi». King William the Firft, in his Ac-
irdwi; quilition of England, or Henry IL
in his Acqueft of obtain'd
thai® the leaft Title to what fome would
i, &c. a give to Conquer ours.Tho' for my
bof! own part, were they in
pf, 4 a fenle never fo ftri<ft, I ihould en-
{ fotjjg large their Prerogative very little or
Ik nothing thereby, as- fhall appear
tii, bit 1x1016 M[y in t^ie Sequel of diis
it on /rf- Difcourfe.
I tic la:
u t'otia Another Argument for Efenry the
tk King's Second's Hoftile of Ireland
u[ jj« is taken ftom the Oppofition which
mjjmJ the Natives of Ireland gave to the
ypi, firft Adventurers, ,
irftri Fitzgerald,and EarlStrongbow, and
the Battles they fought in a (lifting
Dppofai Jdac-Morogh Prince of , lq
Jchu'i rhe Recovery of his Principality,'
Hto'
aM - -■
(ll/ * -
TTis certain there were fome
Confli&s between them and the
Jrijk, in which the Latter were
conftantly beaten ; but certainly
the Conquefts obtained by thoje
Adventurers, who came over only
by the King's Licenfe and Permif
fiotiy and not at ill by his particu¬
lar Command (as is manifeft from
the words of tht Letters Patents
of Licenfe recited by Giraldus
Cambrtnjis, Hib. Ex4pug. pag. 760.
Edit. Franc of. 1603. Angl. Norm.
Hiber. Camd'.) can never be call'd
the Conqueftof Henry the Second,
efpecially confidering that Henry
the Second himfeif does not appear
to have any Defign of Coming in¬
to Ireland, or Obtaining the Domi¬
nion thereof, when he gave to his
Subjects of England this Licenfe
of Aflifting Mac-Morrogh. But I
conceive rather the contrary ap¬
pears, by the Stipulations between
Mac-Morrogh and the Adventurers,
and efpecially between him and
Strongbow, who was to fucceed hin^
jn his Principality.
v
from
From what foregoes, I prefume Suppreffing
it Appears that Ireland cannot pro- wh^rhcr^'
perly be laid fo to le Conquer d by Con<jueft. -
Henry the Second, as to give the
Parliament of England any jurifdi-
£hon over us ; it will much more
eafily Appear, that the Englifh Vi¬
ctories in any fucceeding Rebellions
in that Kingdom, give no Pretence
to a Conqueft : If every Suppreffion
of a Rebellion may be call'd a
Con<}uefty I know not what Coun¬
try will be excepted. The Rebel¬
lions in England have been frequent;
in the Cornells between theHoufes
of fork and Lancafler, one fide or
other mull needs be Rebellious. I
am fure the Commotions in King
Charles the Firfl's time, areftiled
fo by moll Hiflorians. This Pre¬
tence therefore of Contiuejl from
Rebellions, has fo little Colour in
it, that I fliall not infill longer on
it: I know Conc[uefl is an hateful
word to Englilh Ears, and we have
lately feen a Book * undergo a fe-* Bifhop of
vere Cenfure, for offering to broach S*lisf-y's pa-
the Dottrineof Qonquejl in the Free . 01 a ctt€*
Kingdom of England\
C
But
TTT
What Titt« is
©btain'ti by
Coriqucit,
But,to take offall Pretence from
this Title by Conqueft^ I come in
the third Place to enquire, What
Title Coriftkeft gives bf the Law of
Nature and Reajon.
No Title
gaiuM by an
Unjuft Con-
ceive,
And in this particular I con-
that if the Aggreflpr or In-
fulter invades a Nation Unjuflly,
he can never thereby have a Right
over the Conquered : This I fup-
pole will be readily granted by all
men : If a Villain With a Piftol
at my Breft, makes me convey my
Eftate to him, no one will lay that
this gives him any Right; And yet
juft Inch a Title as this has an Un-
jufl Conquerour, who with a Sword
at my Throat forces me into Sub-
million ; that is, forces me to part
with my Natural Eftate, and Birth¬
right, of being governed only by
Laws to which I give my Confent,
and not by his Will, or the Will of
any other.
w bar Title by Let us then fuppofe a JuJl In-
qucft.Con" vader, one that has Right on his
fide to Attack a Nation in an Ho-
Rile manner ; and that thofe who
oppoie
C r9 )
oppofe him are in the Wrong; Let
us then fee what Power he gets,
and over whom,
Firft, ?Tis P^m he gets by his Hone over
Conqueft no Power over thole who •^j^con-5
Conquered with him ; they that quell,
fought on his fide, whether as pri¬
vate Soldiers or Commanders, can¬
not fuffer by the Conqueft, but
muft atleaft be as much Freemen,
as they were before : If any loll
their Freedom by the Norman Con¬
queft, (iuppofing King William the
Firft had Right to Invade England)
it was only the Saxons and Bri-
tains, and not the Normans that
Conquered with him. In like man¬
ner fuppofing Hen\\, had Right to
Invade this I (land, and that he had
been oppofed therein by the Inha¬
bitants, it was only the Antient
Race of the Irijh, that could iiitfer
by this Subjugation ; the Englijh
and Britains, that came over and
Conquered with him, retain d all
the Freedoms and Immunities of
Free-horn Subjedts; they not their
Defcendants could not in reafon
lofe thefe, for being Succefsful and
Victorious; for lb, the ftate of
C % both
C *0 )
Conquer ours and Conquered fhall be
equally Slayijh. Now 'tis manifell
that the great Body of the prefent
People of Ireland, are the Progeny
of the Englijh and Britains, that
from time to time have come over
into this Kingdom; and there re¬
mains but a meer handful of the
Antient Irifh at this day ; I may
fay, not onem athoufand : So that
if I, or any body elfe, claim the
like Freedoms with the Natural
Born Subjects of England, as being
Defcended from them, it will be
impoffible to prove the contrary.
I conclude therefore, That a Jufl
Conquer our gets no Power, but on¬
ly over thole who have Actually
Aflifled in that Unjufl Force that is
ufed againft him.
Nondoverthe And as thofe that joyned with
Non-Oppofcrs tlie Conquerour in a Jufl: Invafion,
have loft no Right by the Con-
quell; fo neither have thofe of the
Country who Opposed him not :
This feems fo reafonable at firft
Propofal, that it wants little Proof.
Ail that gives Title in a Jufl Con-
quell, is the Oppojers ufing Brutal
force, and quitting the Law of
Reafon,
n?
Reafon, and ufing the Law of Vio¬
lence; whereby the Conquerouris
entitled to ufe him as a Be aft ; that
is, Kill him, or Enllave him,
Secondly, Let us confider what juft Conquer-
Power that is, which a Rightful ^trhg Lh^s of
Conquer our has over the Subdued the Oppoiers*
Oppofers: And this We fliall find ex¬
tends little farther than over the
Lives of the Conquered; I fay, lit¬
tle farther than over their Lives ;
for how far it extends to their
Eftates, and that it extends not at
all to Deprive their Pofterity ot the
Freedoms and Immunities to which
all Mankind have a Right, I lhall
fhew prefently. That the Juft
Conquer our has an Abfolute Power
over the Lives and Liberties of the
Conquer d, appears from hence,
Becaufe the Conquer'd, by putting
themf elves in a State of War by
ufing an Unjuft Force, have there-
by forfeited their Lives. For quit¬
ting Reafon^ (which is the Rule
between Man and Man) and ufing
Force (which is the way of Beafts)
they become liable to be deltroy &
by him againft whom they ufe
fmef as any favage wild Beaft
' * C 3 that
Nill
f m
II w
II
i
ill
iip i
!J I
tliat is Dangerous to his Being*
And this is the Cafe of Rebels in
a fettled Commonwealth, who for¬
feit their Lives on this Account.
But as for forfeiting their Eftates,
it depends on the Municipal Laws
of the Kingdom, But we are now
Enquiring what the Confequents
will be between two Contefting
Nations,
Which brings me to Confide*
how far a Jult Gonquerour has
Power over the Poflerity and In¬
flates of the Conquer'd.
Jnfl Conqnc- t0 tJie Poflerity, they riot ha-
dmpo\vcrM * ving Joyn d or Affiled in the For-
over the Po- Ojjpofition of the Conquerours
oppoLrs, 1 e Arms, can lole no Benefit
thereby, 'Tis unreafonable any
Man fhoiild be punifh' d but for his
own fault. Man being a free A-
gent, is only Anfwerable for his
own Demerits ; and as it would
be highly Unjufl to Hang up the
Father for the Sons Offence, fo
the Converfe is equally Unjuft,
that the Son iliou'd luffer any In¬
convenience for the Fathers Crime,
A
:»j >
A Father hath not iri hlrnfelf ri
power oter the Life or Liberty of
his Child < fo that no A6t of his
tan pollibly forfeit it. Andtho We
find in the Municipal Laws of par¬
ticular Kingdoms, that the Sort
loles the Fathers Eilate for tjie Re¬
bellion or other Demerit of the
Father, yet this is Confented and
Agreed to, for the Publitk Safety,
and for deterring the Subjects from
certain Enormous Crimes that
Would be highly prejudicial to* the
Commonwealth. And to fuch Con-
ftitutiorts the Sub)e6ts are bound
to fubmit, having confented to
them, tho' it may be unreafonable
to put the like in Execution be¬
tween Nation and Nation in the
State, of Nature: For in Settled Go¬
vernments, Property iri Eftates is'
Regulated, Bounded and Determi¬
ned by the Laws of the Common¬
wealth, confented to by the Peo¬
ple,5 lo that in theie, 'tis5 no' Inju¬
stice for the Son to lole his Patri¬
mony for Iris Fathers Rebellion or
othet Demerit,
C 4
If
( *4 )
flbw £\r over jf therefore the PofleritJ of the
their Eftates. £onqUept| are not to fuffer for the
Unjuft Oppofition t given to the Vi¬
ctor by their Anceftors, we lhall
find little place for any Power
of the Conquerours over the E-
fates of the Subdued. The Fa¬
ther by his Milcarriages and Vio¬
lence can forfeit but his own Life,
he involves not his Children in his
Guilt or Deftrucftion. His Goods,
which Nature Q that willeth the
Prefervation of all Mankind as far
as poftible) hath made to belong
to his Children to fuftain them, do
ftill continue to belong to his Chil¬
dren. 'Tis true indeed, it ufually
happens that Damage attends Un¬
juft Force; arid as far as the Repair
of this Damage requires it, fo far
the Rightful Conquerour may in¬
vade the Goods and Eftate of the
Conquer d; but when this Damage
is made up, his Title to the Goods
ceafes, and the Refidue belongs to
the TVife-tmA Children of the Sub¬
dued, "
It may feem a ftrange Doctrine*
that any one Ihould have a Power
over the Life .of another Man, and
nof
/-rr-—. ■ . .. ...» a.. .."x.
C *5)
not over his Eft ate; but this we
find every day, for tho' I may Kill
a Thief that fets on me in the
High-way, yet I may not take away
his Money; for 'tis the Brutal Force
the Aggrefior has ufed, that gives
his Adverfary a Right to take away
his Life, as a noxious Creature.
But 'tis only Damage fuftaind, that
gives Title to another Mans Goods.
*: 4: ♦ \ I I tilt.) . I . ' -
It muft be confefs'd that thepraaife ©f
Pradfice of the World is other- Conquerors o-
wile, and we commonly fee thetlsrWie'
Conqueror (whether jfujl ozUnjuft)
by the Force he has over the Con¬
quered, compels them with a
Sword at their Brefl: to (loop to his
Conditions, and fiibmit to fuch a
Government as he pleafes to Af¬
ford them. But we Enquire not
now, what is the P rail ice, but what
Right there is to do fo. If it
be faid the Conquer d fub-
mit by their own 'Confent: Then
this allows Cdnfekt neceflary to give
the Conquerour a Title to Rule
over them. But then we may En¬
quire whether Promifes Extorted
by Force without Right, can be
thought Confent) and how far" they
are
are Obligatory; And I humbly- con¬
ceive they Bind not at all. He that
forces my Horfe from me, ought
prefently to Reftore him, and I have
ftill a Right to retake him : So he
that has forced a Promiie from me,
ought prefently to Rejlore it, that
is, quit me of the Obligation of it^
or I may ehufe whether I will per¬
form it or not: For the Law of Na¬
ture obliges us only by the Rules
flie prefcnbes, and therefore cannot
oblige me by the Violation of her
Rules ; fuch is the Extorting any
thing from me by Force.
From what has been fafd, I pre-
fume it pretty clearly appears that
an Unjujt Conqueft gives no Title
at all; That a Juft Conqueft gives
Power only over the Lives and Li¬
berties of the Attual Oppofers, but
not over their Pofterity or Eftatesi
other wife-than as before is mentio¬
ned ; and not at fall over thofe that
did not Concur ip the Qppofitiom
. ' , V /V- *•: . y. . . r --■ J
They tliat defire a more full DiC
quifirion of this Matter, may find
it at laige in an Incomparable 7/w
tjje concerning the ,
Extent
C 27T
JjCOft Extent and End of Civil Govern-
Mil went) Chap.i6* This Difcourle is
faid to be written by my Excellent
tiWi Friend, JOHN LOCKE, Efq; Whe-
: % ther it be fo or not, I know not;
froi[;: This I am lure, whoever is the
ti» Author, the Greared Genius in
i»o( Chrijtendom need not difown it.
4
iiBut granting that all we have
lie J, faid in this Matter is Wrong, and
ecu granting that a Conquerour, whe¬
ther Juf 't or Unjuft, obtains an Ah-
folate Arbitrary Dominion over the
Perfons, Eftates, Lives, Liberties
and Fortunes of ail thofe whom
he finds in the Nation, their Wives,
Pofterity, &c. fo as to make perpe¬
tual Slaves of them and their Ge- .
iterations to come ; Let us next ConCe^OBS
Enquire whether Concefions grant- granted by s
ed by fueh a Victorious Hero do c^n^CT?i!5'
/ , , ~ f . > . . whether Obi*
not bound the Exorbitancy of his gatory.
Power, and whether he be not
Obliged ftri&iy to Obferve tliefe
Grants.
And here I believe no Man of
Common Senfe or Juftice, will
Deny it; None that has ever
Confider'd the Law of . Nature
and
and Nations , can poflibly he-
fitate on this matter ,• the very
Propofing it, ftrikes the Senfe and
Common Notions of all Men fo
forcibly, that it needs no farther
proof. I fliall therefore infill no
longer on it, but haften to
conilder how far this is the Cafe of
Ireland: And that brings me natu¬
rally to the fourth Particular pro¬
posed, vizt. To lliew by Prece¬
dents, Records, and Hiftory, what
Conceflions and Grants have been
made from time to time to the Peo¬
ple of Ireland, and by what fteps
the Laws of England came to be
introduced into this Kingdom.
' - ' - v j> € *> w .• j I I ' * > ■ i
what Concefc We are told by Matth.Paris, Hi
jorw have ftoriographer to Hen.III. that Henry
from the the Second, a little before he left
Crown of Ireland, in a Publick Aflembly and
Kmgdomof'e Coiincil of the Irijh at Lifmore,
Ireland. did caufe the Irijh to Receive, and
fwear to be Govern d by the Laws
By Henry ii. of England: Rex Henricus (faith he)
antequam ex Hihernia Rediret apud
Li/more Concilium Congregavit uhi
Leges Anglire funt ah omnibus gr at an¬
te r receptee, & Juratoria cautione
yrejlith Confirmatce, Vid. Matth.Pa-
Jis,ad An.i 17x.Vit.H.x. And
And not only thus, but if we m«?«.
- Tenendi iV
amtnxuyi,
may give Credit to Sir Edward]'1"*1 r*rlu
Cook9 in the 4th Inftit. Cap. 1. and
76. and to the Inicription to the
Irijb Modus Tenendi Parliamentumy
it will clearly Appear, that Henry
the Second did not only fettle the
the Laws of England in Irelandy
and the Jurifdidion Ecleiialtical
there, by the Voluntary Acceptance
and Allowance of the Nobility and
Clergy, but did likewife Allow
them the Freedom of Holding of
Parliaments in Irelandy as a fepa-
rate and diftind Kingdom from
England; and did then lend them
a Modus to Dired them how to
Hold their Parliaments there. The
Title of which Modus runs thus:
u Henricus Rex Anglite Con-
" queftor ® Dominies Hiber-
" «^,&c. Mitt it bancfor mam
<c Archiafijcopu, Epifcopis,
a AbbatibuSy Prioribus, Co-
" mitibuSy BaronibuSy JuJH-
" ciariiSy Vicecomitibusy Ma-
ic joribuSyPraepofithyMiniflris
<c & omnibus Fidelibus fuis
" 7erne Hibernice Tenendi
" Parliamentum. In
( 3° )
In primis Summonttio Parli¬
ament! prtecedere debet per
Qvadraginta Dies.
And fo forth.
This Modus is faid to have been
fent into Ireland by Hen. II. for a
Direction to Hold their Parliaments
there. And the fenfe of it agrees
for the molt part with the Modus
Tenendi Pari. in England, laid to
have been Allowed by William the
Conquer our • when he obtained that
Kingdom ; where 'tis alter d, 'tis
only to fit it the better fot the
Kingdom of Ireland.
I know very well the Antiquity of
this Modus, io faid to beTranimit-
ted for Ireland by Hen.H. is quefti-
on'd by fome Learned Antiquaries,
particularly by Mr. Selden (a) and
(I) Mr. Pryn, whcf deny alfo the
Englilh Modus as well as this. But
nil72 on l^e other hand, my Lord Chief
Coofs 4th in- Juftice Cook, in the qth Inftit. pag.
fiit.c.76. I2# and joes ftrenuoufly Af-
fert them both. And the late Re¬
verend and Learned Dr, Doling Bi-
ihop
(a) Tit. Hot:,
Par. 2. C.5.
Seft.26. Edit.
its
tJFr*"
{hop o£ Meathy has Publiflied the
Irijh Modus, with a Vindication of
its Antiquity and Authority in the
Preface.
There feems to me but two Ob¬
jections of any Moment railed by
Mr. Pryn againlt thefe Mod}. The
One relates both to the Englijh and
Irijh Modus; the other chiefly ltrikes
at the Irijh. He fays the Name
Parliamenty fo often found in thele
Modiy was not a name for the great
Council of England knovyn fo early
as thefe Modi Pretend to. I con-
fefs I am not prepared to Difprove
this Antiquary in this Particular .•
But to me it feems reafonable e-
nough to Imagine that the Name
Parliamenty came in with William
the Conqueror : ?Tis a Word per¬
fectly French, and I lee no reafon
to doubt it's Coming in with the
Hormans. The other Objection
affects our Irijh ModuSy for he tells
us, That Sheriffs were not elta-
blillfdin Ireland in Henry IPs. time,
when this Modus was pretended to
be lent hither, yet we find the
Word Vicecomes therein. To this
J can only Anfwer, That Hen. II,
intend-
intending to Eftablilh in Ireland the
Englifh form of Government, as
the firft, and Chief ftep thereto, lie
fent them Directions for Holding
of Parliaments, Defigning after¬
wards by degrees and in due time
to fettle the other Conftitutions,
agreable to the Model of England.
If therefore England had then She-
riffs, we need not wonder to find
them named in the Irijh Modus, tho
they were not as yet eitablifh'd a-
mongft us, for they were defigned
to be appointed foon after, and be¬
fore the Modus could be put regu¬
larly in execution; and according¬
ly we find them eltablifh'd in Ionic
Counties of Ireland in King Johns
Time.
This Irijh Modus is faid to have
been in the Cuftody of Sir Cbrijlo-
pher Prejlon of Clane'm Ireland, An.
6. Hen. 4. and by Sir John Talbot
Lord Lieutenant of Ireland, under
King Hen.<\. It was Exemplified by
Infpexmus under the great Seal of
Ireland, and the Exemplification
was fometimesin the Hands of Mr.
Hackivel of Lincolns\ww, and by him
was Communicated to Mr. Selden.
The Tenor of which Exemplifica¬
tion runs thus. Henrkus
<33 )
d //Oil CI " ' S
flenricus Dei Gratia- Rex An-
glitzy & Franciat, & Dominus
Hibernian, omnibus ad quos
prefentes Litem pervencrint
falutem Infpeximus Tenor em
Diverforum Articulorum in
quo dam Rotulo Perganjen eo
Script or urn cum Chriitophero
Preiton, AT lite Tempore Ar-
reflationis Jute apuct Villam de
Clare, per Deputatum Dilecli
& Fidelis nojlri johannis Tal¬
bot de Halomihire Ckivaler
locum noflrum lenentis Terr at
nojlrat Hiberniat nuper facias
rnventorum ac coram nobis Sf
Concilio noftro in eadem terrce
nojlra a pud Till am de Trim.
Nono die Januarii ultimo prat-
teriti iy hate verbay
" Modus Tenendi Parliamenta
Henricus Rex Angliat Con-
" quejlor & Dominus Hiber-
u nia, Mitt it banc jo mam Ar-
u chiepijcopisy &c. and lo as
before, " Et omnibus Fidelia
ic bus fuis Terr at Hiberniat
*■ Tenendi Parliamentum Im *
f4 primh Summonitioy &c. and
34
then follows the Modus]
agreeable in moft things with
that of England, only fittecl
to Ireland. Then the Exem¬
plification concludes:
Nos autem tenores Articulotm
prccditlorum cle Ajjenju pratfati
Locum tenentis & Conciliiprat-
difti tenore prcefentium duxi-
mus Exemplificandum fj) has Li¬
teral noftras fierifecimus Paten-
tes.Tefle P reefat o Locum noflrum
tenente apudTrim. iz die J ami-
firii Anno Regni noflri fexto.
per ipfum Locum tenentem
& Concilium.
cMM
I Br
■
I U
it
'!,
,v m
>«
. *
Now we can hardly think it cre¬
dible (fays the Billiop of Meath)
ahat an Exemplification could have
been made To lolemnly of it by
King Henry the Fourth, and that it
fliould refer to a Modus tranfmitted
into Ireland by King Henry II. and
Affirm chat it was produced before
the Lord Lieutenant and Council
at Trym, if no fuch thing had been
Done : This were to call in que-
flion the Truth of all former Re¬
cords
J» p,
tri I'lti
'Or >
cords and Tranladftons, and make
phe Exemplification contain an
Egregious Fallhood in the body
ot it.
The Reverend Bifliop of Meathy
in his fore-cited Preface does be¬
lieve that he had obtainM the ve¬
ry Original Record, laid by my
Lord Cook to have been in the
Hands of Sir Chrijlopher Prejlon :
It came to that Learned Prelates
Hands amongft other Papers and
ManulcriptS of Sir William Dom~
yiles> late Attorney General in this
Kingdom, who in his Life-time,
ppon an occafional Difcourfe with
the Bifliop concerning It, told him
that this Record was beftow'd oi\
him (Sir W. Pomvile) by Sir James
Cuffe} late Deputy Vice-Trealurcr
of Ireland^ that Sir James found it
among the Papers of Sir Francis
Aungier, Mafter of the Rolls in
tliis Kingdom ; and the preient
rftiijl Earl of Longford (Grandfon to the
^eJk faid Sit Francis Aungier) told the
an(| Co; Biihop, that his laid Grandfather
lingl]3J had it out of the Treaiiiry gf W&
ocaJJii tcfori
I fan'
■ t Da, Whilft
WhjJft J write this, I have this
very Record now before me, from
the Hands of the laid Bilhop of
Meattis Son, my Nephew, Samuel
Dopping ; and 1 mult confefs it has
a Venerable Antient Appearance,
but whether in be the True Origi¬
nal ilecord, I leave on the Argu¬
ments produced for its Credit by
the laid Bilhop.
Parifeirents This I am lure of, That whether
very early in tins be the very Record Tranlmk-
ted hither by King Henry the Se¬
cond, or not; yet 'tis moll; certain
from the Unanimous Coacclhon^
of all the fore-mentioned Antiqua¬
ries, Cook, Selclen, pyny That
we have had Parliaments in Ireland
very loon after the Invasion ot
Henry II. For Pryn confclles that
(a) King Hen.II. After his Con-
quefl of Ireland, and the General
Voluntary Submiliion, Homages,
and Fealties of molt of the Infi
Kings, Prelates, Nobles, Cities and
People, to him, as to their Sove*
raign Lord and King, Anno 1170,
(klhouid be 1172.} held therein a
General Council of tile Clergy
at
(a*) Agtinft
the 4'h Infl.
c. 74 r-249-
C 37 )
II at Cafbel, wherein he Rc&ify'd
I many Abufes in the Cliurch, and
J , Eftablifli'd fundry Ecclefiaftical
!0f Laws, agreeable to thofe in the
Church of England* Ecclefice illius
' ,u flat urn ad Anglican ce Ecclefice for-
mam Redigere Modis omriibuf elabo-
1' ran do ; To which the Irijh Clergy
promis'd Conformity, and to ob-
• • lerve them for time to come, as
Qa) Giraldus Cambrenfis, who wasW7^™^
then in Ireland^ and other(^)Hifto-
mi rians, relate ? Et ut irifingulis Obfer-l, u.c. 3*3.34.
vatio fimilis Regttum Colltgaret
•rjm utrumque (that is England and Ire-fop. p. 302.
Mil landf)pajfim.omftes unanimi vifluntatefia0lon'c hr'
: ; communi Affenfu, Pari defiderio Re-Knighton dc
0 gis imperio Je fubjiciunt, oniitibu$^Hg
fip. jgiCur hoc modo Cotijunimatis, in Con - 2394,2395.°"
3HH c'([}0 habito apud Lifmore Leges An-r°l-Hifi
glice ab omnibus Junt gratantur recep- Di.
x toejurat or ill cautione prcefiith Con- ten.
0 fir mat a, lays Math. Paris.
W« ' ■ &e*
0- , Can any Coneeflion in th^origmaiCoip*
Irfki. World be more plain and free than ^ for Ju*
'j,C^ this > We have heard of late much
0 Talk in England of an Original
0' Compall between *the King and Peo-
$$ pie of England; I am lure 'tis nht
ifD0 poffible to ihew a more fair Ongi-
D 3 rtrt
ml Compatt between a King and
People, than this between Pie/try
the Second, and the People of Ire*
land., /ytrK fhould Enjoy the like
Liberties and Immunities, <7#^/ ^
Govern d by the fame Mild Laws,both
Civil and Ecclejtajlical, the Peo^
pie of England.
From all which, It is manifefl
that there were no Laws impofed
on the People of Ireland, by any
Authority of the Parliament of
England; nor any Laws introdu¬
ced into that Kingdom by Henry
the Second, but by the Confent
and Allowance of the People ok Ire¬
land : For both the Civil and Ec-
clefiaftical State were fettled there
Pegice fub Limit atis Author it ate, lole-
ly by die Kings Authority, and
their own good Wills, as the Irifh
Statute, ix Eliz. c. i. expreflcs it.
And not only the Laws of England,
but die manner of Holding Parlia¬
ments in Ireland to make Laws of
their own (which is the Foundation
and Bulwark of the Peoples Liber¬
ties and Properties) was Directed
and Eftabliihed there by Henry th^
Second, as if lie were Refolved
that
that no other Perfon or PerfonS
iliould be the Founders of the Go¬
vernment of Ireland,but himfelf,
and the Confent of the People, who
I'ubmitted themfelves to him againll;
ail Perfons whatfoever.
Let us now fee by What farther
Degrees the Government of Ireland
grew up Conformable to that of
England.
About the Twenty-third year of 0f
Henry the Second, (which was iriUud.
within Five years after his Return
from Ireland*) he Created his
youngerJSon John9King of Ireland,\
at a Parliament held at Oxford.
Soon alter, King J*hn9 being then
about Twelve years of Age, came
into Ireland from Milford to Water-
ford9 as his Father had formerly
done. The Irifb Nobility and
Gentry immediately Repaired to
Him; but being Received by him
and his Retinue with fome Scorn
and Derifion, by reafon of thefc
long rude Beards, quas more Patrio
grandes habebant & prolixas> (fays
Giraldus Cambrenfis, Hib. Expug.
Cap. 35".) they took luch Oflence
D 4 there-
thereat, that they departed in much
Difcontcnt; which was the occa¬
sion of the young Kings flaying io
fhort a time nl Ireland as he did this
his firft time of being here,
And here, before we proceed
Tme Separate0" farther, we lhail obierve, That
Kingdom. by this Donation of the Kingdom
of Ireland to King Johny Ireland
was molt eminently ict apart a-
gain, as a Separate and Diflincl
Kingdom by it lelf from the King¬
dom of -England) and did fa com
tinue, tmtiUthe Kingdom of Eng¬
land Defcendcd • - and came unto
King Jahny after /the Dca^h of his
Brother Richard the Firffe^ -King of
England, which was about Twen¬
ty two years-after hfs being made
King of Ireland; during which
ipace of Twfcnty two years; both
ivhslft his FatherAAw/y thfc Second,
and his Brother Richard the Firft,
were Living and Reigning, King
John made divers^Grants and Char¬
ters to his Subjects of Ireland\
which ate yet in being in this
Kingdom ,* wherein he itiles him-
lelf Dom 'mus Hiberni&) (the con-
Rant Stile till flamy the Eighth's
( 41
^ her nice & Comes Merit on ice. By
which Charters both the City of
tions enjoy many Priviledges and
Fraochiles to this Day. But after
the laid Grant of the Kingdom of
^4 Ireland to King John, neither his
ifiji Father Henry 11. nor his Brother
% Mi King Richard I. Kings of England^
1 ever Ailed themiclves, during their
Lives, King or Lord of Ireland;
ifif for thc Dominion and Regality of
dim Ireland was wholly and leparateiy
allf veiled in K. John, being abfolutely
I unto Granted unto him without any Re-
fervarion. And he being Created
'%ol King in the Parliament at Oxford^
utfe under the Stile and Title of Lord
flojlli of Ireland\ Enjoy'd all manner of
U nil Kingly Jurifdiclion, Preheminence,
^ fetl and Authority Royal, belonging un-
to the Imperial State and Majejly of
uU King, as are the exprefs Words of
^6 the Irijh Statute, 3 3 HenNlW. cv 1.
saiidCk- by which Statute the Stile of Do-
{-foil minus was changed to that of Re#
; 1 [ Hi he mice.
llibl®' ' 'v.
^0 Let us then fuppofe that Rich-
ard the Ficftj King John's . Elder
Dublin, and divers other Corpora-
Bro*
nn-
Brother, had not died without IP-
fue, but that his Progeny had fat
on the Throne of ,in a
Continued Succeflion to this Day :
Let us fuppoie likewife the fame
of King John's Progeny, in rela¬
tion to the Throne of Ireland ;
where then had been the Subordi¬
nation of Ireland to the ,
ot even to the King of
Certainly no fuch thing could have
been then pretended: Therefore if
any fuch Subordination there be, it
mud arife from fomcthing that fol¬
lowed after the Delcent of England
to King John ; for by that Dejcent,
England might as properly be Sub¬
ordinate to Irelandfis the converle j
Ireland being vetted in the Royal
Perfon of King John, Two and
Twenty years before his Acceflion
to the Crown of , and
being a more. Antient Kingdom
than the Kingdom of England-, As
the Englilh Orators in the Coun-
(■>) seiUm Til. C1l of Conjlance, Anno 14x7. (a)
s*a **r'l'CAConfefs'd and Alledged, as an Ar¬
tier Archbi- gument in the Conteft between
the the Fifth's Legates, and thole
Religion of of Charles the Sixth King of ,
for Precedence iSatis Conftat ("fay
■ - ~ " u they)
(43 y
they} (P) fecundum Allertum Mag- {bjASt.ComiU
nam & Bartholotneum de Proprieta-
tibus He rum, quod toto Mundo in tres norin rM
partes Divifo, fcttket in Europam, *>rAQte<i
Aftam & Africam Q for America
was not then Difcovered ) Europa
in quatuor Dividitur Regna fcilicet%
Primum Romanum, Secundum Con-*
Jiantinopolitanum, Tertium Regnum
Hibernisc ( quod jam tranjlatum eft
in Anglos ) & Quartum Regnum Hif-
panice. Ex quo patet,quod Rex Anglice
& Regnum fuumfunt de Emindntiori-
bus Antiquiorilus Re gib us & Regnis
totius Europa.\ The Antiquiy and
Precedence of die King of England^
was allowed him wholly on the Ac-*
Count of his Kingdom of Ireland*
<+ • ■ '
( Perhaps- it will be faid, That w£f
this Subordination of the Kingdom Annex'd &
of Ireland, to the Kingdom of Eng- Er'iiArui-
land, proceeds from Ireland's being
Annexed to, and as it were united
With the Imperial Crown of Eng*
land, by feveral A6ts of Parliament:
both in England and Ireland\ fince
King Johns time. But how farr
this Operates, I fhail Enquire more
fully hereafter; I fhall only at pre-
fent Obferve^ that I conceive little
v more
i
I •;!
/
i
m
The People
ftibmit to him
( 44 1
more is Effected by thefe Statute^
Than that Ireland ihall not be AlF,
\ end or Separated from the King of
England,ho cannot hereby dilpoie
of it otherwiie than in Legal Sue-
cejfion along with England; and that
whovcr is King of England, is ipjo
faffo King of Ireland, and the Sub¬
jects oi Ireland are oblig'd to
Obey him as their Liege Lord.
fcing Job* { To proceed therefore. After
comesafccond both Crowns were united, on the
mt° hCm h)eath of Richard the Firft without
blue, in the Royal Perfon of King
John : He, about the Twelfth Year
of his Reign of England, Went a-
gain into Ireland, viz. the Twenty
Eighth day of June, 12100* and
Math. Far Is tell us, pag. 220. Cum
fenifjet ad Dulllnenjem Civ it ate m
Occurrerunt el ibidem plus quam 20
Reguli illlus Regionis qui omnes Ti\
more maximo preterriti homagium el
ft Fldelltatem fecerunt. Fecit quoque
Rex ibidem, Conftruere Leges &
Confuetudines Anglicanas, portent
Vicecomites allofque Miniflros, qui
populum Regni illiuS juxta Leges
Anglicanas Judicarent,
Si
( fy >
His Son King Henry the Third Conceffioss
came to the Crown the Nineteenth rom Jdat'
of Otlober izi6. and in Novem¬
ber following he Granted to Ireland
a Magna Chart a y Dated at Brijlol
jz November, the Firlt Year of his
Reign. 'Tis Prefaced, that for the
Honour of God, and Advancement of
Holy Church, by the Advice of his
Council of England, (whole names
are particularly recited) He makes
the following Grant to Ireland; And
then goes oh Exactly Agreeable to
the Magna Charta which he granted
to England; only in ours we have
Qivitas Dublin ,& Avenliffee, mile ad
of Civitas London find Thamejis,with
other Alterations of the like hind
where Needful. But ours is Eight
years older than that which he grant¬
ed to England,\ it not being till the
Ninth Tear of his Reign, and ours
is the Firft Year. This Magna Char¬
ta of Ireland Concludes thus, Quia
vero fgillum riondum Habuimus pre-
fentem Cartam Sigillis Venerabilis
Tatris noflri Domini Gualt. Afoft.
Pedis Legati & Willelmi MarefchaUi
Com it is Pembrooke Re ft or is nojlri &
Regni nojlrifacimus Sigillari. Tefli-
bus omnibus prcenominatis & alijs
is Dat per Manus Prcediclorum
Domini
il I
:
Domini Legati & Willelmi Marefcal¬
ii. Apud Briftol Duodecimo die No-
vemlr. Regni nojlri Anno Primo.
An Antient Coppy of this Magna
Chart a of Ireland i$ to be found in
the Red Book of the Exchequer
Dublin.
In February following in the Firffc
Year likewiie of his Reign, by Ad¬
vice of ail his Faithful Couniellors
in England to gratify the Irijh (lays
0)JVr#agamft (a) Pryn) for their eminent Loyal-
rh§ ^rh ioft. ty to his Father and Him, he grant-
* p ?5°* qd them out of his Special Grace,
that they and their Heirs for ever
ihould enjoy the Liberties granted
by his Father and Himfelf to the
Realm of England • which he Re¬
duced into Writing, and lent Seal'd
thither under the Seal of the Popes
jLegat, and W.Earl Marlhal his
Governour, becauie he had then no
Seal of his own, This as I con4
ceiye Refers to the foremention'd
Magna Charta Hilerniae, The Re¬
cord as Recited by Mr, Pryn, here
follows.
F< Re^
47
44 Rex Archiepifcopis, Epif- ?amt jr.jii>
cc copis, Abbatibus, Comiti-w. i
44 bus, Baronibus, Militibus
44 & Libere Tenentibus , &
44 omnibus Fidelibus luis per
44 Hiberniam Conftitutis, Sa-
44 lutein: Fidelitatem veftram
44 in Domino Commendantes
44 quam Domino Patri noftro
44 iempcr Exhibuiftis & nobis
44 eftis diebus noftris Exhibit
44 turi : Volumus quod in
44 fignum Fidclitaris velirar,
44 tarn prseclara, tarn Infignis
44 Libertatibus Regno noltro
44 Angliae a Patre noftro & no-
44 bis Conceffis, de gratia no-
44 lira & Dono in Regno no-
44 ftro Hibernian gaudeatis vos
44 & veftri Haeredes in perpe-
44 tuum. Quas Diftinde
44 in Scriptum Redudas dc
44 Communi Confilio omni-
44 um Fidelium noftrorum vo-
44 bis Mittimus Signatas Si-
44 gillis Domini noftri G.Apo-
44 ltolicse Sedis Legati & Ff-
44 delis noftri Com, W. Ma-
44 refc. Redoris noftri & Reg-
44 ni noftri quia Sigillum non-
£ dun>
f dutn habuimus , eafJem
*c proccflu temporis dc Majori
iC 'Confrlio proprio Sigillo 5ig-
" naturi.
t '* , - ■ - - ■ ' * -
Telle apud Glouc.6 Febrpar.
, ' i '
Here we have a free Grant of all
the Liberties of England to the Pea-
jple of Ireland, But we know the
Liberties of Englilhmen arc Foun¬
ded on that Univerl&l Law of Na¬
ture that ought to prevail through¬
out the whole World, of being Go-
vernd only by fuch Laws to which
they give their own Confent by their,
Representatives in Parliament.
And here, before I proceed far¬
ther, I ihail take Notice, That in
the late Railed Controverfie, Whe¬
ther the Houfe of Commons were an,
Ejfentialpart of Parliament, before
the 49th year of Henry the Third;
Record out of The Learned Mr. Petyt, Keeper of
Mr.Pciyt* of the Records in the Towerf in his
£,$£££ Book on that Subject, pag.71. De-
in inlaid- duces his 9 th Argument From the
Comparifon of the Antient Generate
Concilium, or Parliament of Ire-
land
C 49 )
land,inflanced An.3 8Hen.lll.with the
Parliament in England^ wherein the
Citizens and Burgefles were ; which
was Eleven years before the pretended
beginning of the Commons in England.
For thus we find it in that
Author.
" As great a Right and Privilege
furely was and ought to be al¬
lowed to the Englifh Subje&s, as
to the Irifh, before the 49th of
Hen. III. And if that be admit¬
ted, and that their (the Irifli)
Commune Concilium,or Parliament,
had its Platform from ours (the
Englifli) as I think will not be
Deny'd by any that have confi¬
dent! the Hiftory and Records
touching that Land (Ireland) we
fhall find the enfuing Records,
Ann. 38 Hen. III. clearly evince
that the Citizens and Burgefles
were then a part of their (the
Irifh) Great Council or Parlia¬
ment.
"That King being in partibus Hct.tf&.m,
" Tranfmarinis,and the Queen beingin ^
" left Regent,flie Tends Writs (or a
E 44 Let-
ij
n° x
" Letter) in the Kings Name, di~
" rented Archiepifcopis, Ep if cop is,
" Abbatibusy Prioribusy Comitibusy
u Baronibusy Militibus, Liber is Ho-
u minibus, Civibus Burgenfi-
" bus, Terrce fuce Hibernice ; tell-
ing them that, Mittimus Fratrem
f< Fticholaum de Santto NeotoyFratrepi
" Hofpitii Sanfti Johannis Jerufa-
" /m Anglia ad partes Hibernice
" exponendum vobis (together
*c with J. Fitz-Geoffery the Kings
" Juftice) the State of his Land of
" FafconVy endanger'd by the Ho-
" ftile Invafion of the King of Ca-
u Jliley qui nullo Jure fed potentia
"fua Confifus Terr am noftram Vaf-
" con ice per ipfius Fortitudinemy
" a manibus nojlns Auferre & a Do-
" trinio Regni Anglice fegregare Pro-
" ponit. And therefore univerjita-
" tem Feftram Quanta pojfumus Af-
" feflione Rogantes quatenus nos
" © nojlra total iter indefenfi
" deferentes nobis in tanto peri-
<c c#/0 quantumcunque poteritis de
cc Gente & Pecunia Jubveniatis ;
" which would turn to their Ever-
" lading Honour ; concluding,
" His noflris Auguftiis taliter Compa-
" tienteSy quod nos & Hcrades no-
^ fir i vol is & H&redihus veflris Ju*
% " mas non immerito Ohligati. Te~
&*iii ^ fle Regina, & R. Comite Cornuhi#r
Life/J. « apud Windefor, 17 die Fehrmr.
%iii
r,Ml- Per ReginaM.
v.Alm
'Mfutitl
m jirufi- Thus far Mr. PetyU
'$ Blink
(togetk
tk % Here we have a Letter from the
Ins Land : Queen Regent to the Parliament in
i)jtie! Ireland\ in an humble manner be-
feeching them for an Aid of Afe#
?/ftffflfe and againft the King of G*-
i:bf( Jliles Hollile Invafion of Gafcony;
[jftitnitt from whence we may perceive that
B/iSift- in thofe days, no more than at pre-
fyfgnfr fent, Men and Money could not be
ttfflW' Rais'd but by Confent ef Parliament.
ftfmif I have been the more particular in
jiutenw' Tranfcribing this PalTage out of
itijt Mr. Petyt, to ihew that we have
ittulip as Antient and Exprefs an Autho-
, Miti rity for our prefent Conftitution of
j jf/a, Parliaments in Ireland, as can be
fliewn in England. And I believe
m^C it will not be thought Advifeable
t!llt0 in thefe latter Days, to break in
1 j{(f0 upon Old Settled Confutations : No
"i E z one
C )
one knows how fatal the Confe-
quents of that may be.
ccfHonsfrom To return therefore where we
Htnj.li. Digreis'd. Henry the Third, about
the Twelfth year of his Reign, did
fpecially Impower Richard de Burgh,
then JuJiice of Ireland, at a certain
day and place, to fumhion all the
Archbilhops, Bifhops, Abbots, Pri¬
ors, Earls, Barons, Knights, Free¬
holders and Sheriffs of each Coun¬
ty, and before them to caufe to be
Read the Charter of his Father
King John, whereunto his Seal was
Appendant, whereby he had gran¬
ted unto them the Laws and Cu-
Jloms of England, and unto which
they Iwore Obedience : And that
he ihould caufe the fame Laws to
be obferved and Proclaimed in the
feveral Counties of Ireland, that
fo none prefume to do contrary to
the Kings Command. The Record
(b) Againft j [iave taken out of Mr. (a) Pryny
Coops Ath /n- . . ^ J
ftit.p.252. tn tliefe words:
cltyl;l2H-!I[ u Rex Diledto & Fideli fuo
C> Conjuetu. M u Richardo de Burgo Jultic
dm jus objer- « fu0 Hibern. Salutem. Man¬
ia*." ln hi" " daftius vobis firmiter prx-
" cipientes
C Si 3
" cipienres quatenus certodie
" & Loco faciatis venire co-
" ram vobis Archiepifcopos
" Epifcopos • Abbates Priores
" Comites & Barones Milites
" & libere Tenentes & Balli-
" vos fingulorum Comitatum
" & coram eis Publice lcgi
" faciatis Chartam Domini J.
" Regis Patris noftri cui Si-
" gillum fuum appenfum eft
" quam fieri fecit & jurari a
" Magnatibus Hibern. de Le-
" gibus & Confuetudinis An-
" gliae Obfervandis in Hiber-
" nia. Et praecipiatis eis ex;
" parte noftra quod Leges il-
" las & Confuetudines in
" Charta praedida contentas
" de castero firmiter teneantSc
" obfervent & hoc idem per
" fingulos Commitatus Hi-
a berniae clamari faciatis &
" teneri prohibentes firmiter
" ex parte noftra &iuper foris
" faduram noftram nequis
" contra hoc Mandatum no-
" ftrum venire praefumat, &c.
u Tefie Me ipfo Apud Wejhri 8
" die Mali An. Reg. noftri i z.
E 3 By
C H)
By what foregoes, I prefume it;
plainly appears, that by three fe-
Veral Eitablifhments under the
three firft Kings of Ireland of the
Norman Race, the Laws and Liber¬
ties of the People of England, were
granted to the People of Ireland. And
that neither of thefe three Kings
Eftabliflied thofe Laws in Ireland by
any Power of the Parliament of
England, but by the free Confent,
Allowance and Acceptance of the
People of Ireland.
HenW. firft introduced the Laws
of England into Ireland in a Pub-
lick AUembly of the Irijh ztLifmore,
and Allowed them the Freedom
of Parliaments to be held in Ire¬
land, as they were held in England,
King John at the Requeft, and by
the Confent of the Irijh, did ap¬
point the Laws of England to be of
Force in Ireland; and tho? he did
not this till the Twelfth year of
his Reign of England, yet he did
it not as King of England, but as
Lord of Ireland: For the Crown
of England came to him by Dejcent
from
Recapicula
tion.
( 7; )
from his Brother Richard, who had
no Regal Power in Ireland; and
what his Brother had not, could
not defcend to him.
Henry the Third in the firft year
of his Reign gave Ireland a Magna .
Chart a • and in the Twelfth year
of his Reign did provide, That all
the Laws of England fliould be
obferv'd in Ireland; and that the
Charter granted to the Irijh by his
Father King John under his Seal,
when he was in that Kingdom,
fliould be kept inviolably.
And from the Days of thefe
Three Kings, have England and
Ireland been both Govern d by the
like Forms of Government under
one and the fame Supreme Head,
the King of England; yet lo, as
both Kingdoms remain d Separate
and Diftind in their feveral Jurif-
didions under that One Head, as
are the Kingdoms of England and
Scotland at this day, without any
Subordination of the One to the
Other.
It were endlefs to mention all
E 4 the
C 50: )
Records and Precedents that might
be quoted for the Eftablifhment of
the Laws of England in Ireland; I
CO Fourth in- therefore enter no farther into
(b) Again** that Matter, but therein refer to
4tfh Lord Chief Juftice Cook, (V) Pryn.
(c) PUcitct tj / r ~\ ■
V arli amenta- CO 7) CO ^C'
ria.
EfbbUfheTin ^ now wc Enquire, were
Ireland. fhofe Laws of England that became
thus EJlallifbed in Ireland ? Surely
we mud firit reckon the Great Law
ament^ °f Parliamentsy which England fo
juftly Challenges, and all Mankind
have a Right to. By the Law. of
Parliament, I mean that Law where¬
by all Laws receive their Sanction,
The Free Delates and Confent of the
People, bythemfelves, or their Chofen
Reprefentatives. That this was a
main Branch of the Englifh Law
Eftablifhed in this Kingdom, and
the very Foundation of our Future
Legiflature, appears manifelt from
Parliaments being fo early con¬
voked in Ireland, as the fore-men¬
tion d Precedents exprefc.
Mr. Pryn acknowledges one in
lien .IF s tune, (pag.2,59. againft the
^th Infiit.) but makes a very falfe
Conclu^
\
(57 )
Gonclufion, that there appears no
Footfteps of a Parliament after¬
wards, till the third year of Ed¬
ward the Second, becaufe the Acfts
of that Parliament are the firft that
are Printed in our Irilh Statute-
Book : For fo we may argue the
Parliaments of England to be of
later Date than pretended, when
we find the firft Printed A(fts in
Keeble to be no older than the 9 th
of Hen. III. Whereas 'tis moft Cer¬
tain, that Parliaments have been
held in England fome Ages before
that.
After this Great Law of Parlia- Common
tycnts^ we may reckon the Common Law*
Law of England\ whether it relates
' to Regulating and Setling of Pro¬
perty, andEftates in Goods or Land,
or to the Judiciary and Executive
parts of the Law, and the Mini-
fters and Procefs thereof, or to Cri¬
minal Cafes. Thefe furely were
all Eftabliftfd in this Country, by
the three firft Kings of Ireland of
the Norman Race.
:
Let us now confider the ftate of Statute Law?
the Statute Laws of England under
thefe
11
C 58 3
thefe three Kings, and their Pre-
deceflbrs: For by the Irifh Volun¬
tary Submiflion to, and Accep¬
tance of the Laws and Govern¬
ment of England, we muft repute
them to have lubmitted themfelves
to thele like wife ; till a Regular
Legiflature was Eftablifh'd amongft
them, in purfuance of that Submif-
midion and Voluntary Acceptance.
stamtc-Law And here we fhali find, that in
of England thofe Times, viz. from the Nor-
ma^Conqueft man Conqueft to Henry the Third's
to Hindu, time inclufive, the Statute-Laws of
England were very few and flender.
?Tis true-, that before the 12th of
Hen. III. we find amongft the Eng-
lifh Hiftorians frequent mention of
the Laws of Edward the ConfeJfory
William tlx ConquerouryHen.l. HenAl,
King Johny and Hen. III. All which
are only Chartersy or feveral Grants
of Liberties from the King; which
neverthelcfs had the force of A(fts
of Parliament, and laid as great
Obligations both upon Prince and
People, as A(fts of Parliament do at
this day : Whereof we may read
feveral Proofs in the Princes Cafey
Coops 8th Report, but thele were
C 59 )
only fa many Confirmations of eacl}
other, and all of them Sanfiions of
the Common Laws and Liberties of
the People of England, ah Antiquq
Ufitate & comprobate per totam ter-
ram & in quibns ipfi & eorum Patres
nati & nutriti fiunt, as the words of
the Manufcript Chronicle oj Litch¬
field exprels it.
The Laws ot Edward the Con-ixw el>
fejjor, held in fo great Veneration
in Antient Times, & per univerjum
Regnum corroborate ® confirmate,
priiis invent e & Conflitute fuerunt
Tempore Regis Edgari Avi fiui. Ve-
rum tamen poft mortem ipfinis Regis
Edgari, ufque ad Coronationem San-
fii Regis EcUvardi ( which was 67
years) predifice Leges Sopite fiunt
& penitus intermiffe. Sedpofiquam
Rex Edwardus in Regno fiublimatiu
fuit Confilio Baronum Anglie Legem
ill am Jopitam Excitavit, Excitam
Reparavit, Reparatam Decor avit, De-
coratam Confirmavit; & confirmate
vocantur Lex Sandti Regis Edwar¬
di, non quod ipfe primus earn ad in-
veniflet; fed quod Reparavit, Re-
ftituitque, (a) as the faid Litchfield .v*
Chronicle has it. Thele Laws
-ad eaamcrum,
pag.171
I
ill
k
li ^
J
if
u
■ I"
ill
m
VI
iii
i
Pfmi. Cenq.
C 60 )
of Edward the Confejjor were tran-
fcribed by Ingulphus Abbot of Croy-
land under William the Conqueror,
and are annexed to his Hiftory.
The Laws of William the Con¬
queror are but a Confirmation of the
Laws of Edward the Confejfory with
fome fmall alterationsy as the very
Letter of thole Laws themfelves
(by Leges w. r. exprefs it. (F) Hoc quoque praecipi-
Cap. 63. apud mus omnes habeant & teneant Le-
ldde7dmeru°m &es Edwardi Regis in omnibus Rebus
b 192- adautlis his quas conflituimus ad Uti-
litatem Anglorum.
Of Hen. I.
The Laws of Henry I. which are
in the Red Book of the Exchequer,
in the cuftody of the Kings Remem¬
brancer in England, are but a fum-
mary confirmation both of the
Laws of Edward the Confeffor and
William the FirJly as the Charter it
(C.-WU Sdijdi exPreires 1C> CO Laiam Reln
Mtjtfpra, Edwardi vobis Reddo cum illis emen-
dationibus quibus Pater me us e men-
davit Confilio Baronum fuorum.
of Hen jl The Laws of Henry II. called
Conflitutiones Clarendoniay and the
Affize of Clatendw in the 2 d part of
Cooks
w
tH
*1)
Cooks Inft. p. 6. are all bur confir¬
mations and vindications of the
King's jull Prerogative againft the
Ufurpations of the Pope and Cler¬
gy : As we find at large in Chron.
Gervafii. Doroborn p. 1387. Edit.
Lond. an. 1652*
The Laws of King John, called of K. Jeh*.
The Great Charter of King John,
granted in the xyth Year of his
Reign> upon the Agreement made
between him and his Barons at
Running-Mead between Staines and
Windjor, was but a Confirmation of
the Laws of Edward the Confeftor
and Henry the Fir ft, as (V) Mat.
Paris relates it. Anno Regis Johan- pag. 253,&ti
nis 17. venientes ad Regem magnates
petierunt quafdum Libertates Le¬
ges Regis Edvvardi cum aliis liber t a-
tibus ft hi & Regno Anglice & Eccle-
ftce Anglican ce conceftis confirmari pro-
ut in Chart a Regis Hen I. aft rift tat
continentur. The fame Hiftorian
gives us alio at large both Chart a
Libert at um, and Chart a de For eft a,
which are not extant in the Rolls
of thofe times, nor to be found in
any till the 28th of Edward I. and
that but by infpeximus.
The
' I
1
of Hm. ill: The Laws of Henry III. contained
in Magna Chart a and Chart a de For-
re/la, both which are called Mag¬
na? Chart# Lihertatis Angli#, and
were eftablifh'd about the 9th Year
of Henry III. are for the moil part
but declaratory of the common mu¬
nicipal Laws of England, and that
too no new declaration thereof; for
King John in the 1 yth year of his
Reign had granted the like before,
which was alio call'd Magna Charta.
(2) Cook*sVrc£. And by the Enghih Statute
the 2d /nft. £d. i.e. 1. it is Enacted, That
the Great Charter, and the Charter
of the Forrefi be taken as the Com¬
mon Law of England.
By what foregoes, I conceive,
it is very clear, That all the Char¬
ters and Grants of Liberties from
Edward the ConfeJJors time down to
the 9 th of Henry the Third were
but Confirmations one of another,
and all of them Declarations, and
Confirmations of the Common Law
of England. And by the feveral E-
itablilhments, which we have for¬
merly mention d, of the Laws of
England to be of force in Ireland:
Firft
( 63
Firfl:, in the 13 th of Henry IL Sc-~
condiy in the izth of King John,
lrtik Thirdly, in the nth of Henry III,
All thofe Laws and Cuftoms of
England, which by thofe leveral
Ml Charters were Declared and Con-
kmolf firmed to be the Laws of England,\
vvere eftabliili d to be of force in
^ toil Ireland, And thus Ireland came to
itlieicof; be govern'd by one and the fame
JTOi. Common Law with England; and
ilikebcfe thofe Laws continue as part of the
Mij/iiih municipal and fundamental Laws
pita of both Kingdoms to this day.
fylk
it (fan It now remains that we enquire,
How the Statute Laws and Acts of hIh.iuancro-
Parliament made in England jince ia lrc~
the 9 th of Henry the Third came to An '
[ coneefi: be of force in Ireland; And whe-
jjift ther all or any of them, and which,
fcrt are in foree here, when and
uneto how they came to be lo.
jri *
, 0[ g| And the firfl; Precedent that oc-
;rJt;1 curs in our Books, of Ads of Par-
] trj,, 1 lament in Ireland particularly men -
-ctioning and confirming fpecial Ads
P 1^1 of Parliament in England, is found
^ ^0 in a Marginal Note of Sir Richard
^ Bolton ^ formerly Lord Chief Baron
" »l of
I
Bl
j 'j!i
IT
II
Statutes of
Merton,
Markbr.
Wcjim.
Glottcsft.
of the Exchequer in Ireland, affixed
in liis Edition of the Irijh Statutes
to Stat. 10 Hen. 7. Cap. zz. to this
purport, That in 13 EdwM. by Par¬
liament in this Realm of Ireland the
Statutes tffMerton, made the zoth
of Heri.ll. and the Statutes 0/Marl-
bridge, made the 52 of Henry the
Third; The Statute of Welt mi niter
the Fir ft, made the 3/ of Edward the
Firft; The Statute of Gloucelter,
made .the 6th of Edward the Firft;
And the Statute of Weltminlter the
Second, made the 13 th of Edward
the Firft, were all confirm d in this
Kingdom , and all other Statutes
which were of force in England,
were referred to be Examind in
the next Parliament; and fo many
as were then Allow d and Publiftid, to
ft and. likewife for this King-
dom. And in the 10th of Henry
the Fourth, it was Enabled in this
Kingdom of Ireland, That the Sta¬
tutes made in England fhould not
be of force irr this Kingdom* unlefs
they were Allow'd and Publifh'din
this Kingdom by Parliament. And
the like Statute was made again in
the zyth of Henry the Sixth. Thefe
Statutes are not to be found in the
Rolls,
( )
Rolls, nor any Parliament Roll of
that time ; but he ( Sir Richard
Bolton) had feen the fame Exempli-
jy d under the Great Seal, and the
Exemplification remaineth in the
Treafury of the City of Waterford;
Thus far the Note. If we confi-
der the frequent Troubles and Di-
ftra&ions in Ireland, we fliall not
wonder that thefe, and many other
Rolls and Records, have been loft
in this Kingdom: For from the
third year of Edward the Second,
which was Anno 1310. through
the whole Reigns of Edward IIL
Richard II. Henry IV. and Henry V.
and fo to the Seventh year of Hen¬
ry the Sixth, Anno 1418. which is
about 118 years, there are not any ( . . .
Parliament Rolls to be found, Qa) the
yet certain it is, that divers Parlia- 0f ce¬
ments were held in Ireland in thole E&t! 1637?"
times. (^) The fame may be faid page 195,197,
from Henry the Second's coming^'
Til A ,0(^)^.0.160.
into Ireland, Anno 1171. to the vryn againft
third year of Edivard the Second,thc 4^ infth,
Anno 1310. about 13 8 years. ap'7 '
Perhaps it may be faid, That if
there were fuch Statutes of Ireland
as the laid A<fts of the 10th of
F Henry
Henry the Fourth, and the 19 th of
Henry the Sixth; As they ihew,
that the Parliaments ol Inland did
think that Englilh Ads of Parlia¬
ment could not bind Ireland ; yet
they iliew likewife, that even in
thole days the Parliaments of Eng¬
land did claim this Superiority; or
elfe, to what purpofe were the laid
Ads made, unlefs in denial of that
Claim?
*\"; t • "\i\ I • f *! . • ' ' f[
All which I hope may be readi¬
ly granted without any prejudice
to the Right of the Irilh Parlia¬
ments : There is nothing fo com¬
mon, as to have one Man claim
another Mans Right: And if bare
Pretence will give a , no Man
is fecure: And it will be yet worfe,
if when another fo Pretends, and I
infill on my Right, my Jult Claim
lhall be turn'd to my Prejudice,
and to the Difparagement of mv
Title.
We know very well that many
of the Judges of our Four Courts
have been from time to time fent
us out of England; and fome of
them may ealily be fuppofed to
come
come over hither Prepoffefid with
an Opinion of our Parliaments be¬
ing lubordinate to that of England*
Or at leaft, fome of them may be
Scrupulous, and defirous of full Se¬
curity in this Point; and on their
Account, and for their Satisfadion,
fuch Ads as aforefaid, may be de<r
vifed, and Enaded in Ireland. But
then, God forbid, that thefe Ads
fliould afterwards be laid hold of
to a clear other intent than what
they were framed for ; and inftead
of Declaring and Securing our
Rights, fliould give an Handle of
Conteft, by lhewing that our
Rights have been queftion'd of
Antient Time.
.. W \ 1 cy ' f > f* t i"t ■ T • • ■ ■ ' f
In conclufion of all, If this Su¬
periority of the Parliament of Eng¬
land have been Doubted a great
while ago, fo it has been as great
a while ago Strenuoufly Oppofed\
and Abfolutely Denied by the Par¬
liaments of Ireland. And by the
way, I fliall take Notice, That
from whencefoever this Antient
Pretence of Ireland's Subordination
proceeded in thofe days, it did not
arile from the Parliament of Engr
F x land
land it felf: For we have not one
fingle Inftatice of an Engiifli Ad of
Parliament Exprefly Claiming this
Right of Binding us: But we have
feveral Inftances of Irifli Ads of
Parliament, Exprejly Denying this
Subordination, as appears by what
foregoes.
Afterwards by a Statute made in
It-eland the 18 th of Hen.VL Cap. i.
All the Statutes made in England
againft the Extortions and Opprejfi-
ens of Purvey or s, are Enaded to
be holden and kept in all Points, and
put in Execution in this Land of
Ireland.
And in the 3 id year of Henry
the Sixth, Cap. 1. by a Parliament
in Ireland, 'tis Enaded, that all the
Statutes made againjl Provifors to
the Court of Rome, as well in Eng¬
land as in Ireland, be had and kept
in force.
After this, in a Parliament at
Drogheda the 8th of Edward IV.
cap.1. it was Ratify'd, That the
Englifh Statute againft Rape, made
the 6th of Richard the Second,
iliouid
C'<>)
fliould be of Force in Ireland from
the 6th day of March laft pall:
And that from henceforth the faid
Ally and all other Statutes and Alls
jnade by Authority of Parliament
within the Realm of England, be
Ratify d and Confirm d, ana Adjudg¬
ed by the Authority of this Parlia*
ment in their Force and Strengthy
from the faid Jixth day of March„
We fhall hereafter have occafion
of taking farther Notice of this
Statute upon another Account.
Laftly, In a Parliament held at All Engiilh
Drogheda the roth of Henry the
Seventh, cap^i. it is Enadted, That Bin. vu. in
all Statutes late (that is, as the (a) in lrZ-
Learned in the Laws expound it, ceo^s 4th
before that time) made in England, lnftit. Capfy&
concerning the Common and Publtquef'^l:
Weal of the fame, from henceforth be
Deem d effectual in Law, and be Ac¬
cepted, Ujed and Executed within
this Land of Ireland in all fointsy
&c.
I
1 ^
■
ill
■ .
(b) And in the 14th year of thc(*) vil iriih
fame Kings Reign, in a Parliaments-
held at Triflle-Dermot, it was En-
ailed, That all Aits of Parliament
F 3 made
i f
I:!
C 70 )
made in England for Punifiiing Cu-
ftomers, Gontrouters> and Searchers,
for their Mifdemeanors ; or for
Pu.niihment of Merchants or Fad or s,
be of Force here in IrelandyPr&vi-
ded they be firft Proclaim'd at Dub-
liny Drogheda, and other Market-
Towns.
Thus we fee by what Steps and
Degrees all the Statutes which were
made in England from the time of
Magna Charta, to the 10 th of Henry
the Seventh, which did concern the
Common Publick Weal, were Re¬
ceived, Confirm'd , Allow'd, and
Authorized to be of Force in Ire¬
land ; all which wa>s done by Affent
of the Lords Spiritual and Tempo-
raly and the Commons in the Parlia¬
ment of Ireland Aflembled, and no
Other wife.
Englifii Sta- We fliall next Enquire, Whether
there are not other A£ts of the
Common1C Englifii Parliament, both before and
Lay in *°rcc ftnce the iothof Henry the Seventh,
10 Jn in ' \v\\id\ were and are of Force in Ire-
landy tho' not Allow'd of by Par¬
liament in this Kingdom. And
We iML find, That by the Opini-
on of our beft Lawyers, there are
divers fuch; but then they are only
fuch as are Declaratory of the An-
tient Common Law of England, and
not introduftive of any New Law r
For tliefe become of Force by the
firft General Ejlahlijhment of the
Common Laws of England'm this
Kingdom, under Henry the Second,
King John, and Henry the Third ;
and need no particular Ait of Ire¬
land for their Sanction.
As to thofe Englilh Statutes EngiifhA&s
fince the ioth of Henry the Sc-1^ New Law,
venth, that are Introduliive of a not of force
New Law, it was never made ainlrsUttd•
Queftion whether they lliould Bind
Ireland, without being Allow'd in
Parliament here; till of very late
years this Doubt began to be mo¬
ved ; and how it has been Carried
on and Promoted, fliall Appear
more fully hereafter,
I fay, Till of very late years; for
the Antient Precedents which we
have to the contrary, are very nu¬
merous. Amongft many, we flialj
mention the following Particulars,
F 4 In
t 7* 7
M .... ^
In the ii th of Henry die 8 th an
Ad was made in England making
it Felony in a Servant that runneth
away widi his Mailers or Miilreffes
Goods. This Ad was not receiv'd
in Ireland till it was Enacted by a
Parliament held here in the 33d of
Henry the 8 th. c. 5. Sef. 1.
In the 21 th of Henry VIII. c. 19.
there was a Law made in England,\
That all Lords might Diftram on
the Lands of them holden, and
make their Avowry not naming the
Tenant, but the Land. But this
was not of force in Ireland till En-
aded here in the 3 3 d of Henry VIII.
G. 1. Sef. 1.
An Ad was made in England\
anno 31. Henry VIII. That Joint-
Tenents and Tenents in Common
fhould be compelled to make Par¬
tition, as Coparceners were com¬
pellable at Common Law. But
this Ad was not Receiv'd in Ire¬
land till Enaded here An. 33. Hen¬
ry WW. c. 10.
Anno
Anno %y. Henry VIII. c. 10. The
*! Statute for Transferring Ufes into
*1 PolTeflion was made in England;
-fc but not admitted in Ireland till
^ i a. Car. i. Sef. z.
ttdkji
In like manner, the Englifli St a-*
'• tute 33. Henry VIII. c. 1. directing
how Lands and Tenements may
be difpos'd by Will, &c. was not of
force in Ireland till 10. Car. z. Sef.
mi z.
'Ma, i
wingtk The A£t of Uniformity of Com-
kk mon Prayer and Adminiflration of
tlte the Sacraments was made in Eng-
feijl land the ift. of Eliz. c. z. but was
not eftablifh'd in Ireland till the zd.
of Eliz. c. z. And fo that of Eng-
11ft;, land 14. Car. z. c. 14. was not re-
kJoif ceiv'd in Ireland till 17. & 18. Car.z
iCom c. 6.
werccoi The Statute againft Wilful Per-
[111 jury made in England 5*. Eliz. c. 9.
was not Enadted in Ireland till 28
Eliz. c. 1.
So the Englilh Adt againft Witch-
craft and Sorcery made 5 Eliz. c.i 6.
10 ' And'
Mmfa —Q, ^ ^.2:yJEmmr'
And another A6t againft Forgery
5 Eliz.c. 14. were neither of them
in force in Ireland till the 28of
Her Reign, Cap. 3 and 4.
The Englilh Statutes againft Pi¬
rates was made the 28th of 8.
c. 1 $.but not in Ireland till the
12th of King James, c. 2.
"T L ' .. ,
• •• • ; ; ' ; i IjfJfj '*1 V* C f*
In England an A& was made the
27th of Eliz. c. 4 againft Fraudu¬
lent Conveyances ; but it was not
in force in Ireland till Enacted here
the 10th of Charles, c. 3. Sef. 2.
In the 1 jth year of King Charles
the 1 ft. in a Parliament held at
Dullinthere were Six Englilh Sta¬
tutes made Laws of this Kingdom,
with liich Alterations as belt fitted
them to the State thereof,
21 Jac.c.14. For pleading the Ge¬
neral Ifiue in Intrufions brought (
by the King,by Chap. x. of the Inlh
Statutes.
31 Eliz.c. 2. For Abridging of
Proclamations on Fines, by Chap.
2.
2 add
1
■ . ___
C 75 T
z and 3 Edw. 6. c. 8. Concerning
Offices before the Efcheator, by
Chap. 4.
31 Eli^c. i. Difcontinuance of
Writs of Error in the Exchequer
Chamber, by Chap. 7.
8 Eliz. C4. and 18 Eliz. c.7. con¬
cerning Ciergy, by Chap. 7.
x4 8. c. 5. Concerning Kil¬
ling a Robber, by Chap. 9.
There are Six Engliffi Statutes (*)irfflistat,
likewife palled in the time of King l\c•
Charles the zd. upon and foon after & 15 c.2.
the Reft oration, fome of which 1.
were not palled into Laws in Ire-
land till a year, two or three, after- 17 & 18 c. 2.
wards : As will appear by confult- c,3-
ingthe Statute Books. (Y) /r c 2*
Englifh Stat.
And in the Firft year of William \\Cc22Cc 3^
and Mary, Sef.2. c.9. an Ad: palled 12 c. z.c. 14,
in England declaring all Attainders
the late pre- 16 & 17 c 2.
tended Parliament under King James 5-
Dublin- void: But was not En-
aded here in Ireland till the 7th
year of KWilliam. 03. And this was
thought requifite to be done upon:
mature consideration thereon before
the
f
11
nvo°fevei«id ^ anc^ Council of England*
Aa°s tranfmir- notwithstanding that the Englilh
ted tousatdif- Att does particularly name Ireland.
frthisTery and vvas wholly defignd for, and re-
purpofe. One lates thereto,
we rejefted in
th« Lord Syd" .
wejs Govern- The like may we find in ieveral
wr\^tunr°ther Statutes of England paffed
dev the Lord fittce his prefent Majeities Accefli-
CafdL on to rlie Throne, which have af¬
terwards been parted here in Ire¬
land, with fuch Alterations as make
them practicable and agreeable tq
this Kingdom. Such as are a-r
mongft others, the ACt lot Difarm¬
ing Papijls. The ACt of Recogniti¬
on. The ACt for taking away
Ciergie from fome Offenders. The
Ad: for taking Special Bail in the
Country, (fSV. The Ad againit
Clandefline Mortgages. The Ad a-
gainft Curfing and Swearing.
Thefe, with many more, are to
to be found in our Statute Books
in the feveral Reigns of Henry the
8 th. Edward the 6th. Queen Eli¬
zabeth, King James, King Charles
the iff and 2d. and King William.
But it is not to he found in any
Records
C 77 j
Records in Ireland, that ever any
A6t of Parliament introdudrive of
a new Law made in England fince
the time of King John, was by the
judgment of any Court received for
Law, or put in Execution in the
Realm of Ireland before the fame
was Confirmed and Aflented to by
Parliament in Ireland.
And thus I prefume we have pret-
imj( ty clearly made out our Fourth En-
lb iuiry forementioned .• and fhewn
in plainly the feveral fteps ly which
\jjn. the Englifb form of Government, and
■€. the Englifh Statute Laws were re-
p ceived in this Kingdom; and that
this was wholly by the Peoples con-
fent in Parliament, to which we
have had a very antient Right, and
,g, as full a Right as our next Neigh¬
bours can pretend to or challenge.
I fliall now confider the Obje&i-
4 ons and Difficulties that are mov- AusJcr'd^
■ed on this Head drawn from Prece¬
dents, and Paflages in our Law-
Books that may leem to prove the
contrary.
Firft
I I
objcaion Firft 'tis urg'd, That in the Iriih
mn from the Stat. ^4$ concerning Rape pafled anno
° R 1?e' 8 Edward 4, c. 1.?tis exprefled,That
a Doubt was conceiv d whether
the Englifh Statute of die 6th of
Richard the 2d. c. 6. ought to be of
force in Ireland without a Confir¬
mation thereof in the Parliament
of Ireland. Which fliews (asfome
alledg) that even in thofe days it
was held by fome, That an A& of
of Parliament in England might
bind Ireland before it be confented
to in Parliament here.
But I concieve this Glofs is rais'd
meerly for want of Exprefling the
Reafon of the laid Doubt in the
Irilh Statute of the 8th of Edward
the 4th. c. 1. which we may realb-
nably judge was this. By the Sta¬
tute of Wejlminjler the 2d. c. 34. a
Woman that eloped from her Hus¬
band and lived with the Adulterer,
or a Wife that being firft Ravilli d
did afterwards conlent, and lived
with the Ravilher, lhe fhould loole
her Dower. This Statute of Weft-
m
Jil
:
minjler the 2d, was made of force
in Ireland by an A£t pafled here
the
tlic 13th of Edward the 2d, as we
;[^t have iecii before, pag. 68,69. Af-
J; terwards by the Englifh Statute
of the 6th of Rich. the 2d. c.6# there
]e[' was a farther addition made to die
faid Statute of Weflminjier the 2d. to
W® this effect, That a Maiden or Wife
mto being Ravifhed, and afterwards
trait confenting to the Raviihers, as well
w(i tiie Ravilher as fhe that was Ra-
loft® vifhed fliall be difabled to claim all
tail Inheritance or Dower after the
Hi death of her Husband or Ancef-
knb tor. •
.j •*«*••• • • r * - ■ \\ -*
On this account the Doubt was
im here raifed in Ireland in the 8 th of
nil Edward the 4th. c. 1. Whether this
3omi latter Englilh Statute of the 6th of
Wfc Richard the 2d. c. 6. were not in
remaviE force in Ireland by virtue of the I-
Ijtfc rifli Statute of the 13 th of Edward
,eid.c; the 2d. which confirmed the Sta¬
ndi Iff: tute of Weflminjier the 2d. c. 34.
icM And for fetling this Doubt the laid
Mk Statute of the 8th of Edward the
0, 4 th c. 1. was palled in Ireland, and
jJnti we find very good reafon for the
mneflfi faid Doubt. For the Englifh Sta-
jjdt/i tute of the 6th of Richard the 2d.
| Jf c, 6, contained but a final! addition
11 % to
to the Statute of Wejlminfier the 2d
c. 34. and we fee that even this ad¬
dition it felf was judged not to be
of force in Ireland till Enacted here^
For the faid Irifh Statute of the 8 th
of Edward the 4th. c. 1. makes the
laid Statute of the 6th of Rich.zd*
c. 6. of Force in Ireland only from
the 6th of March, then laft paft.
'Tis urg'd fecondly, That tho'
perhaps fuch Ads of Parliament in
England which do not Name Ire-
landy lhall not be conftrued to Bind
Ireland\ yet all fuch Engliili Statutes
as mention Ireland, either by the
General Words of all his Majeflfs
Dominions, or by particularly Na¬
ming of Ireland, are and lhall be
of Force in this Kingdom.
This being a Dodrine firlt
broach'd Diredly (as I conceive)
by Will. HuJJey, Lord Chief Juftice
of the Kings Bench in England, in
the firft year of Henry the Seventh,
and of late Revived by the Lord
Chief Juftice Cook, and ftrongly
urged, and much rely'd upon in
thefe latter Days ,* I lhall take the
Liberty of Enlarging thereon, tho>
jHil I venture thereby to fxvell this?
Pamphlet to a fize greater than }
Mini defire or defign'd.
KteJlt
i#e| Firft therefore, As to fuch Eng- En°^®'tl..
*ti lifb Statutes as feem to conipre- tutes compre«
of iii hend Ireland, and to Bind it, un-hendi"g
der the General Words of all his Ma- rai Wordf^6
ilfii jelly s Dominions or Subjects, what¬
ever has been the Opinion of Pri-
,M yate and Particular Lawyers in
iiktt this Point, I am fure the Opinions
i fei of the Kings of England^ and their
dik Privy Council, have been other-
Sim wife : 'Tis well known (mccPoyn-
i if tit ing's Ad: in Ireland, the ioth of
Wf! Henry the Seventh, no Ad can pafs
iljl in our Parliament here, till it be
Alii firft Aflented to by the King and
on Privy Council of England, and
Tranfmitted hither under the Broad
het Seal of England: Now the King
ico© and his Privy Council there, have
0 been fo far from furmifing that ati
Ad of Parliament of England\ men-
thtSffS tioning only in General All the
yi Kings Dominions, or Subjefts, fhould
lilt;, Bind Ireland^ that they have clear-
1 f ly fhewn the contrary, by frequent-
ly Tranfmitting to Ireland, to be
0 jiafs d into Laws here, Englilh Sta-
I : , G tuteSj
tutes, wherein the General Words
■of all the Kings Dominions or
jells were contain d; which would
have been to no purpofe, but
meerly Actum , had Ireland
been Bound before by thofe Eng-
lilh Statutes.
Of this I Ihall give the follow¬
ing Examples, amongft many
others.
againft The Adt of Parliament in Eng-
g"W aga'nft Appeals to 24
Hen. 8. c. 12. by exprefs words ex¬
tends to all his Majefties Domini¬
ons, yet the fame was not in force,
nor receiv'd in Ireland, till it was
Enacted by Parliament there, the
28 th of He«.8. c
Afts of Firrt jn manner the Statutes made
cukics,an '' in England concerning Firjl ,
26 Hen.8.C.3. and the Adt of Facul-
(*)Tirie in the ties, (a) z$ c. 21. though
each of them by exprefs words
Jmpo/ltioH comprize All his Majefties Subjects
fhf^hepif0 and Dominions,were not receiv'd as
Rome. "J , Laws in Ireland,till the former was
Enacted there, 28 8.C.4. and the
.latter the 28 Hen.S. c. 15. and fp
the
XW1
the Statute Reftoring to the Crown
all Jurifdi&ion Ecclefiafhcal made
in England, Anno i i. and
therein giving Power to Eredi an'
Eccleflaltical High-Commiffion-Court
'if in England and Ireland, yet was
not of Force in Ireland till Enadted
there, Anno z ElizYc. i. And tho',
h- the faid Englilh Adt, in relation to
■f Eredting fuch an High-Commiflion
Court, was Repeal'd 17 Car.
and the Repeal confirm'd the 13
k Car.z.c. xi And the late Bill ofnigh-Com.
Rights, i W. and M.
is England,has damn'd all liich Courts.
*• Yet the Adt in* Ireland c. 1.
®, remains ftill in force here .; and fo
» it was lately declar'd here by the
fi Lord High - Chancellour
Lord Chief Juftice Lord
Chief Baron Hely,Mr. Juftice Cox,
d Mr. Juftice Jeffrey/on, in the Cafe
ji, of Dr. Thomas Hacket, late Bifliop
F# of Down, who was depriv'd of the
^ faid Bifhoprick by fuch a Commif-
* fion,for great Enormities ;the Com-
miffioners being1 Dr. Dopping late
Bifliop of Meathp.Dr. King, the
prefent Bifliop . of
and Dr. Wifeman, late Bifliop of
■Dromore,
Gz And
1
. 11 j|
! § ' >1
'II
: h
By the fame And truly I ict no more Reafon
Reaibn scot- for Binding Ireland by . the Englilh
bound!ay C Laws under the General Words of
all his Majeflies Dominions or Sub-
jells, than there is for Binding Scot¬
land by the lame ; for Scotland is
<as much his .Dominion, and Scots¬
men as much his Subjetls as Ireland
and Irifh-men: If it be laid, That
. Scotland is an Antient Separate and
Dijlinfl Kingdom from England ± I
lay, So is Ireland: The Difference
is, Scotland continued feparate from
the Kings oi England till of late
years, and Ireland continued fepa¬
rate from England but a very little
while in die Perfon of King John,
before the Death of his Father, and
of his Brother Richard die Firft,
without iffue. But then 'tis to be
confidered, that riiere was a Pojfi-
hilitj, or even a Probability, that
Ireland might have continued jepa-
rate from the Crown of England,
eyen to this very day, if Richard
the Firft: had left behind him a Nu¬
merous Progeny,
Seconds
ha A x O
C % )
Secondly, As to fuch Engtifl
Statutes as particularly Nutne Ire /fC*
land, and are therefore laid to be
of Force in this Kingdom, tho* ne¬
ver Ena&ed here ; I lhall confider
only the more Antient Precedents
that are offered in Confirmation of
this Doctrine: For as to thole of
later Date, 'tis thele we complain
of, as bearing hard on the Liber¬
ties of this Country, and the Rights
of our Parliaments^ and therefore
thefe ought not to be produced as
Arguments againft us. I prefume,
if 1 can lliew, that the Antient Pre¬
cedents that are produced, da not
conclude againft us ; it will foiiow
that the Modern Inftances given,
ought not to conclude againft us; that
is to lay piamiy,Thefe ought not to
have been mane as they are, as
wanting Foundation both from
Authority and Reafon.
- i f r •: . i ' f.u *
The Antient Precedents of Eng-
Jiih Statutes, particularly Naming
Ireland\and laid to be made in Eng¬
land with a Deiign of Binding Ire-
land, are chiefly thefe three:
G 3 i.
(8*3
I. i Statutum Hiher, \<\H. 3.
2.. Ordinatio pro Statu Hilernifi,
17 Edw.i.
3. And the Act that all Staple
Commodities palling out of
England or , lhall be
carried- to Cadis, as long as
the Staple is at Cadis,%'Hen.S.
c. 4. on which Hujfey deliver¬
ed his Opinion, as we lhall
fee more fully hereafter.
Thefe Statutes, efpecially die
two firft, being made for ,
as their Titles import, have given
occalion to dunk, that the Parlia¬
ment of England have a Right to
make Laws for without
the C onfentof their Chofen Repre-
Jentatives. But if we Enquire far¬
ther into this matter, we lhall find
this Conclufion not fairly De¬
duced;
Firft, The Statutum Hilernitff,
14 Hen.3. as 'tis to be found in the
Collection of Englilh Statutes, is
plainly thus: The Judges in Ireland
concei-
( «7 )
conceiving a Doubt concerning In¬
heritances devolved to Sifters or
Coheirs, viz. Whether the younger
Sifters ought to hold of the Eldeft
Sifter, and do Homage unto her
for their Portions, or of the Chief
Lord, and do Homage unto him;
therefore Girald Fitz Maurice, the
then Lord Jultice of Ireland, di-
fpatcht four Knights to the King
in England, to bring a Certificate
from thence of the Prattice there
ufed, and what was the Common-
Law of England in that Cafe.
Whereupon Hen.^inthis his Certi¬
ficate or Refcript, which is called
Statutum Hibernice, meerly informs
the Juftice what the Law and Cuftom
was in England, viz. That the Si¬
fters ought to hold of the Chief
Lord, and not of the Eldeft Sifter.
And the clofe of it commands,
that the forefaid Cujloms that be ufed
within our Realm of England in this
Cafe, be Proclaimed throughout our
Dominion ^/Ireland, and be there oh-
fervd. Tejle meipfo apud Weftminlt
9. Feb. An. Reg. 14,
From whence 'tis manifeft, that
this Statutum Htbernite was no
G 4 more
more than a Certificate of what
the common Law of England was in
that Cafe, which Ireland by the
Original Compatt was to be govern¬
ed oy. And ffiews no more, that
therefore the Parliamen t of England
may bind Ireland, than it would
have proved, that the Common
Wealth of Rome was fubjed: to
Greece, if, after Rome had received
the Law of the Twelve Tables, they
Had lent to Greece to know what
the Law was, in fome Special
Cafe. ' , ;
v. !j i WAjy.a 10 w.-l
Orimatiojrt The Statute call'd Ordinatio pro
«TJ.U -Hlhzrm Statu Hiberniit', made at Jfolingham
the 17th of Edward the Firft, and
to be found in Pultons Collodion
pag. 76. Edit. Lond. 1670. was cer¬
tainly never Received, or of Force,
in Ireland. This is Manifeft from
the very firft Article of that Ord¬
nance, which Prohibits the JuJlice
of Ireland or others the Kings Officers,
there to Purchaje Land in that King¬
dom, or within tieir refpellive Bai¬
liwicks without the Kings Licence,
on pain of Forfeitures. But that this
has ever been Othervvife, and that
the Lords Juftices, and other Offi¬
cers
(89)
cers here have Purchas'd Lands lit *
Ireland', at their own Will and Plea-
fure, needs no Proof to thoi'e who
have the lealfc Knowledge of-this
Country. Nor does it appear by
any Inquiiition, Olliee, or other.,
Record, that any one ever Forfeit¬
ed on that Account. .
Moreover this Ordinatiopro Sta¬
tu Hiberniie, is really in it iclf
Aft of Parliament? .put meerly. an
Ordinance of the King and his. Pri¬
vy Council in England; which ap?
pears as well from rhe Preamble
to the faid Ordinance, as from this
Obfervation likewiie, That Ring
PdwardchcFicft held no Parliament
in the 17 th year of his Reign; Or
if this were a Parliament, this Of-
dincttio pro Statu Hilernicc, is the
only AH thereofthatis Extant-: But
'tis very improbable, that only this.
fmgle Ordinance Ihould Appear, if
any fuch Parliament were call'd to¬
gether.
. r. , . Vx\r f \ V ^ x I. \ V
Thirdly, As to the "Suple-AS.]
a Hen.S. c.4. which expredy names
Ireland, and Hujfeys Opinion there¬
on. The Cafe, as we find it in the
Year-
B|K
■
11
C 90 >
Year-Books ofMtch. z .3 ,fol.i i.
and Mich. 1 Hen.fSal. 3. is in fliort
Herchaatsef thus: The Merchants of
StM!s ford having Ship'd ofFfome Wooll,
and confign'd it to Sluice in Flan¬
ders, the Ship by ftrefs of Weather
was put in at Calhs, where
mas Thwaits, Treafurer of fei-
zed the faid Wooll as forfeited,
half to himfeif, and half to the
Jfing, by the faid Statute; hereup¬
on a Suit was commenced between
the laid Merchants and the laid
Treafurer, which was brought be¬
fore all the Judges of
the Exchequer Chamber: 1 he Mer¬
chants pleaded the King's
to the Citizens of Waterford and
their Succellors, for carrying Wooll
where they pleal'ed; and the Qne-
fticxns before die Judges were two,
Viz. Whether this Staple-Aft Binds
Ireland-, And Secondly, Whether
the King could grant his Licenle con¬
trary to the Statute, and
where the Statute gives half the For¬
feiture to the Difcoverer.
% * ifi
:
Hl|»
The firft Point only relates to
our prefent purpofe; and herein
We find theforefaid Year-Book of z
Rich.
C 9* >
Rick^. foil*. to Report it thuss
Et Hi (in the Exchequer Cham¬
ber) quoad Pritfam Que]i tone m Di^
cebantquod Terr. Hibern. inter Je
habent Parliament. CS omnzmodoCur.
front in AngL & per Idem Parlia-
mentum faciunt Leges IS Mutant Le*
ifc ges & non Obligantur per Statkta m
tftj Anglia, quia non Pic habent Militet
k Parliamenti (and is not that an un¬
ity anfwerabie Reafon ) Jed hoc in-*
t telligitur de terris & rebus in terris
I illis tanfum ejjiciendo • fed Perfonat
lk corumJunt Subject. Regis & tanquam
'HID Subject/ erunt Obligate ad akquam
et- rem extra Terr amillam faciend. conu
tijt tra Statut.fecut habitantes in Calefia,>
i Gafcoignie, Guien, &c. dum fuere Sub-
del jeffi ; & Obedientes erunt fub Ad-
jit miral. AngL de re faff, fuper Alt urn
ID, Mare; & fmi lit. Brev. de Err ore
di de Judicio reddit. in Hibern. in Ban-
i co Reg. hie in AngL
\i : '' . ■
i I have verbatim tranferibed this
i Faflage out of theforefaid Year-
Book, that I might be fure to omit
nothing that may give the Obje-
ti &ion its full weight. And all thar
iii XI cananfwer to it, is this:
I ' -V-
i i. That
i. That when the forefaid Cafe
came a fecond time .under the
Confide-ation of . the Judges in
the Exchequer Chamber in Mich.
i Hen. ';. fol. 3. we find it Re¬
ported thus: Hufieythe Chief Jh-
Jlice [aid, That the Statutes made
in England Jhall thoje of Ire¬
land, which was not much
ly the- other Judges, notwithstanding
that fame of them were a contrary
Opinion the lajt Term in his
fence. . How the Prelenceanu Opi¬
nion of die Chief J uilice came to
influence them now, I leave the
Reader to judge.
.SV.,\ . \V.;vin-' .
%. That Brook in Abridging this
Cafe of the hrtt of fol-3. Ti¬
tle Parliament,Sec. adds,
men Not a, That Ireland is A King¬
dom ly it felf, and hath Parliaments
of its own ; intimating thereby,
That therefore Huffey's Opinion
herein was Unreafonall
- I " > * !
: {
3.. That 'tis manifeft, if Huffey
mean by his words, That A'l Ads
of Parliament in Englandihall bind
Ireland\it is diredtly contrary to
the
C 93 )
the; Judges Opinion in the fecortd
of Richard the Third, before reci¬
ted ; for within the Land of Ire¬
land, they are all pofitive, That
the Authority of the Parliament of
England will not Affedt us. They
feem at the utmoft reach to extend
the JurilLliition of the Englilh Par¬
liament over the Subej&s of Ire¬
land, only in relation to their Acti¬
ons beyond Seas, out of the Realm
of Ireland, as they are the King of
England's Suhjells; but even This
will Appear Unreafonable, when
we cohlider, that by the fame Ar¬
gumentation, Scotland it felf may
be bound by Englilh Laws, in re¬
lation to their foreign Trade, as
they are the King of Englands Suh-
jetls. The Queltion is, Whether
England and Ireland be two Dilli ndf
Kingdoms, and whether they have
each their Relpedtive Parlia¬
ments ; neither of which will be
deny'd by any Man ? And if fo,
there can be no Subordination on
either fide, each is compleat in its
own Jurifdiction, and ought not
to interfere with t'other in any
thing. If being the King of
land's Snbjeth, be a Reafon why
wc
we ought to fubmit to Laws, (in
relation to our Trade abroad, in
places where the Parliament of
England hasno Jurisdiction) which T
have not received our ; the Peo- ot 0
pie of England will confider whe-
ther they ailo are not the King's <*
Subjects, and may therefore (by ml
this way of Reafoning) be bound %
by Laws which the King may Af- M
fign them without their Aflent, in
relation to their Actions wi
or Foreign Trade : Or whether Clia
they had not been Subjects to die lx i
King of France, had our Kings con- »ii
tinu'd their Polleilion of diatCoun- &
try, and there kept the Seat of the JW
Monarchy; and then, had France }««
been ftronger than Emight Hi
feem that the Subjects of thefe pots
Kingdoms might have been bound itl
by Laws made at Paris, without U
their own Confent. But let this
Doctrine never be mention'd in
amongft the Free-lorn Subjects of
thefe Nations. »
i 6Wi
Thus I have done with the 7 fyi
Principal Inftances that are ufually to
brought againft us, on the Strefs 4
•that is laid on Englilh Acts of is
Parlia-
H(t Parliament, particularly Naming
lHii Ireland.
bid
MJ ii There have been other Statutes Members freta
'iieft or Ordinances made in England
Suit Ireland,which may reaibnably be£*^«''-
ki^( of force here, becaufe they were
fee (1 made and Afiented to by our own
irboM Reprefentatives. Thus we find in
\tx\H the White Book of the Exchequer
lint, i in Dublin, in the 9 th year of Ed~
nsi« ward the Firft, a Writ fent to his
trial Chancellour of Ireland, wherein
Bui he mentions Qjtadam per
iiijsn nos de Ajfenfu Prelatorum
itlrn Baronum & Communitates no~
art ftri Hilerniee, nuper apud Lincoln &
ir.r quadam alia Statuta papud
kM Elorum facta. Thefe we may iup-
o( 4d pole were either Statutes made at
the Requeft erf die States of Ireland,
,15. to Explain to them die Common
teii Law of England; or if they were
'm introductive of New Laws, yet they
might well be of force in Ireland,
being Enacted by the Aflent of our
own Reprefentatives, The Lords
0 Spiritual and Temporal, and Com-
Jti] wons of Ireland', as the Words
0 afore-mf ntion d do fhew: And in-
• KB;i de«4. thefe are foftances i9 &r
"w y\i from
9
from making againfl our Claim,
that I think nothing can be more k
plainly for us ; for it manifeftly fe
fhews, that the King and Parlia- ; k
V ment of England would not Enact fr
Laws to Bine Ireland,\ without the H
Concurrence of the Reprefentatives \k
of this Kingdom. j toil
1 ^ . | • • • oHi
Formerly, When Ireland was but fit
thinly Peopled, and the Englilh %\
Laws not fully currant in all parts k
of the. Kingdom,k'tis probable that ftn
then they could not frequently Arc
Aflemble with conveniency or fate- U
ty to make Laws in their own Par- wl
I laments at home * and therefore %
during the Heats of Rebellions, or Hfli
X^onfiiiion of the Times, they jfi
Were forced to Enadf Laws in Eng- fel
land. But then this was always Sj
by their proper Reprefentatives: liilii,
For we find that in the Reign of
Edward the Third, (and by what 1
foregoes, 'tis plain 'twas fo in Ed- cor
ivard theFirii's Time> Knights of liaj
the Shire, Citizens, and Burgefies, lm
were Elected in the Shires, Cities k
and Burroughs of Ireland\ to lerve lb!
in Parliament in England\ and have lm
fo letv ed accordingly. For amongft k
the
)
the Records of the Tower of LonZ
3,1 Wc don, Rot Clauf* 50. Edw. 3. Pari,
Membr.23. We find a Writ from
to/ Pi®, the King at Weftminfierdirected to
"tfii James Butler, Lord Jufticeof Ire,-
%tl land, and to R. Archbilhop of Dub-
vfafc Hn, his Chancellourj requiring them
to ifiue Writs under the Great Seal
of Ireland,\ to the feveral Counties,
atafa Cities and Burroughs^ for iatisfy-
iklujil ing the Expences of the Men of
'jilf® that Land, who lajl came over to
tohbiei: Jerve in Parliament in England,
tfapl; And in another Roll the yoth of
Edw.Ul. Membr. 19. On Complaint
•mPir- tQ the King by John Draper f who
Mt was Cholen Burgels of Cork by
ki«V Writ* and ferved in the Parliament
of England, and yet was deny'd
his Expences by fome of the Qiti-
gg'A| iehs, Care was taken to redmburfe
' ' • ' gp 101 * .
M If from thefe laff mentioned Re-
jjj j|} cords, it be concluded that the Par-
fA liament of England may Bind Ire-
M land; it muft alio'be Allowed that
the People of Ireland ought ft) have
J'U their Representatives the Parlia-
ment of England. J^nd this, I be-
^ licve we ihould be willing enough
dK v H " to
c
to embrace ; but this is an Happi*
nels we can hardly hope for.
This fending of Reprefentatives
out of Ireland to the Parliament in
England, on fome occafions, was
found in procels of time to be ve¬
ry Troublefome and Inconvenient^
and this, we may prefume, was the
Reafon, that afterwards, wheii
Times vvere niore fettled, We fell
again into our old Track, and re¬
gular courfe of Parliaments in our
oWn Country * and hereupon the
Laws afore-noted, pag. 64. Were En-
adted, Eftablilhhig that no Law
made in the Parliament of England,
jhould be of force in Ireland) tilt it
xvas Allow d and Pttllijk'd in Parlia¬
ment here.
' ' - ' K - •> i • • , 4 i.f, t „ C •- V v \
SJKit 1 have ftid before» Pa§-8^-that
mcnt of Eih -1 would only confider the more
,jtehnTmm* flintPrecedents that are offered to
prove, That A(ffs of England parti¬
cularly Naming 'Ireland, Ihould bind
us in this Kingdom; and indeed it
were l'u/ficient to flop here, for the
Reafon above alledged, Hdwever,
T ffiali venture to come down low¬
er, and to enquire'into t
, (• 99 J
Precedents of Engliili A£ts of Par¬
liament alledged againft us: But
ftill with this Obfervation, That
'tis thefe We Complainaga as In¬
novations , and therefore they
ought not to be brought in Argu¬
ment againlt us.
. I do therefore again aflert, that
before the Year 1641. there was
no Statute made in England intro¬
ductory of a New Law that inter¬
fered with the Right which the
People of Ireland have to make
Laws for themfelves, except only
thofe which we have before men¬
tioned, and which we have dilcufs'd
at large, and fubmit to the Readers
Judgment.
But. in-the Year 1641. and after¬
wards in Cromwel's time, and fmce
that, in King Charles II. and again
very lately in King William Reign,
fome Laws have been made in En¬
gland to be of Force in Ireland. But
how thiscame to pafs,we ihall now
Enquire.
l> ■ '>•"».. ; ■
In the r?tli Year of K. Charles I. Aflsin favour
which was in the Year 16ax. there of Advenm-
H ^ rcrsiai64i>
T \\7 ArA ' ^
Were three or four A dts of Parlia¬
ment made in England for incou-
raging Adventurers to raife Money
for the lpeedy fuppreffion of the
Horrid Rebellion which broke out
In Ireland the 23 d of Oftoher 1641.
The Titles ofthele Adts we have in
Pulton's Colletlion of Statutes: But
With this Remark, That they are
made of no Farce hy the Alts of Set-
lement and Explanation palled in
King Charles IPs. time in the King¬
dom of Ireland. So that in thele
we are io far from finding Prece¬
dents fox England's Parliament bind¬
ing Ireland, that they plainly fhew,
that the Parliament of Ireland may
Repeal an Adt palled in England,
in relation to the Aff airs of Ireland.
For 'tis very well known, that Per-
ions who were to have Intereffs
and Titles in Ireland by virtue of
'Vhofe Acts palled in England, are
.cut off by the Acts of Settlement and
Explanation. And indeed there is
all the Realon in the World that it
ihould be fo, and that Adts made
in a Kingdom by the Legal Repre-
fehtatives of the People, ihould take
place of thofe made in another
Kingdom. But however, it will be
faid,
C io* )
faid, that by thofe Ads 'tis nianir
fell that England did preiume they
had fuch a Right to pais Ads binding
Ireland, or elie they had ne'er done it.
To which I aniwer, That coniider-
ing the condition Ireland was in
at that titjie, viz.under an horrid
Inteftine Rebellion, flaming in eve¬
ry corner of the Jsangdoin ■ 'tvvas
impoihble to have a Parliament of
our own; yet it was abfolutely ne-
ceflary that fomething lliould hi;
done towards fuppreiiing the Vio¬
lences then raging amongll us:
And the only means could then be
pradiled, was for the Parliament
of England to interpoie, and do
fometliing for our Relief and Safe¬
ty ; thefe were the belt AlTurances
cquld be had at that jimdure: But
When tlje Storm was over, and thq
Kingdom quieted, \ye fee new
Meafures were taken in a Legal
Parliament of our own,
As to what was done for Ireland AftsinOuM,
in the Parliament of England iq wli time-
Cromwel's time, befides the Confu-
fion and Irregularity of all Pro¬
ceeding in thole days, which hin¬
ders any of them to be brought in.
H 3
%
1
ili
iff
Mi
C 102- )
to Precedent in tliefe times; We
fliall find alfo that then there were
Reprefentatives fent out of this
Kingdom, who fate in the Parlia¬
ment of England,, which then was
only the Hottfe of Commons. We
cannot therefore argue from hence,
that England may bind Us ; for we
fee they allow'd us Reprefentatives,
without which, they rightly corn*
eluded, they could not make Laws
Obligatory to us.
I come now to King Charles the
ids time: And in it we iliall find
the following Englifh Statutes
made,in which die Kingdom of Ire¬
land is concerned.
' Jl . . - I ' L * J' - ^ r J *3 1 )V .> ' ' ; '• • J ' K
Cattle A a. The firft is an Act againfl Impor¬
ting Cattle from Ireland or other
Farts beyond Seas. It was only
temporary by 18 C/j. i. c. i. but
made perpetual io Ch. i. c. 7. and
31 Ch. i. c. i. This Ad, however
prejudicial to the Trade that was
then carried on between Ireland
and England, does not properly Bind
*A*, more than it does any other
Country of the World. When any
thing is Imported, and Landed in
C c England,
u
C 103 )
England, it becomes immediately
fubjed to the Laws thereof, fo that
herein we cannot be faid properly to
be bound.
Secondly,The Ads againft Plant- Tobacco Aft,
ing Tobacco in England and Ireland,
12 Ch. z. c.34. and 15 Ch. z. c. 7.
and zz and 23 Ch. z. c. 26, &c. do
pofitively Bind Ireland. But there
has never been an Occafion of Ex¬
ecuting it here for I have not
heard that a Rood of Tobacco was
ever Planted in this Kingdom. But
however that takes not off the 0-
lligation of the Law: ?Tis only
want of our Confent, that I urge %
againft that. I fee no moreReafon
for fending q Force to Trample
down an Acre of Tobacco in Ireland
by thefe Statutes, than there would
be for Cutting down the Woods of
Shelela, were there an Ad made
in England againft our Planting or
Having TimberB
■
Thirdly, The Act for Encouraging Navigation
Shipping and Navigation, by expreji
name Mentions and Binds Ireland;
and by the laft Clauje in the Ad,
Obliges all Ships belonging thereto
H 4 inir
it £ J l-+x .
I
I 5
■
ffflj
11
m
t
<
1
importing any Goods from our
Foreign Plantations, to touch fitft
at England.
iJg"vfoSr"" Fourthly, The Ads Prohibiting
from Ireland, the Exportation of "Wooll from
infiS*1 to any Country except to
Stat. 13 Hen.8. England, do likewife Jlrongly Bind
C I 2But^odi anc^ % r^ie I Z Car'z'c'3x- h was
thefc Statutes
made highly penal on us, and by
are obfoiete : the 14th of Car. 18. 'tis made
1 he like may r i 1
we obferve of Felony.
the II Eliz-
c.4 ° & 15 Ei To thefe three laft Adls, I mud
confefs, I have nothing to urge, to
take off their Efficacy ; Name us
they do mod certainly, and Bind
us lo, as we do not tranfgrefs them.
But how Rightfully they do this, is
the matter in Queftion. This I
am fure of, that before thefe Adts
in King Charles the Second's Time,
fthe Eideft of which is not over
Thirty-Seven- years) there is' not
one pofitive full Precedent to he met
with in all the Statute-Book, of an
Englifh All Binding the Kingdom of
Ireland. And on this Account we
may venture to allert, That thefe
are at lcaft Innovations on us, as
not being warranted by any former
Precedents. . " And
C )
And {hall Proceedings only of
Thirty-Seven Tears J,landing.,be urg'd
againlt a Nauo;», to Deprive them
of the Rights and Liberties which
they Enjoy'd for Five Hundred
Years before, and which were In¬
vaded without and againft their
Confent, and from that day to this
have been conftantly complain'd
of > Let any Engliih Heart that:
ftands fo Jujlly in Vindication of
his own Rights and Libe, an-
fwer this Queftiqn, and I have
done,
I am now arriv'd at our PrefentEngUft AGs
Days, under the Happy Govern-Bin^'rn8/ff-
ment of His Majefty King WIL-^mBianfp
LIAM the Third; and I am forty Reign-
to reflect, That ftnce the late Re¬
volution in thefe Kingdoms, when
the Subjects of England have more
ftrenuourty than ever Aflerted their
own Rights, and the Liberty of
Parliaments, it has pleafed them to
bear harder on their Poor Neigh¬
bours, than has ever yet been
done in many Ages foregoing. I
am fure what was then done by
that Wife and Juft Body of Sena¬
tors,
C )
tors, was perfectly out of Good
Will and Kindnefs to us, under
thofe Miferies which our Affli&ed
Country of Ireland then fuffered.
But I fear forae Men have fince
that, made ufe of what was then
done, to other Purpofes than at
firft intended. Let us now fee
what that was, and confider the
Circumftances under which it was
done.
In the year 1689. when m oft of
the Proteftant Nobility, Gentry,
and Clergy of I, were dri¬
ven out of that Kingdom by die
Infolencies and Barbarities of the
Irijh Papifts, who were then in
Arms throughout the Kingdom,
and in all Places of Authority un¬
der King James, newly Return'd to
them out of France ; the only Re¬
fuge we had to fly to was in Eng¬
land, where Multitudes continued
for many Months, deftitute of all
manner of Relief, but fuch as the
Charity of England afforded, which
indeed was very , and
never to be forgotten.
The
C 107 )
The Proteftant Clergy of Ireland for
being thus Banifh'd from their
helices, many of them Accepted
fuch fmall Ecclefiaftical Promotions
in England, as the Benevolence of
well difpos'd Perfons prefented
them with. But this being direct¬
ly contrary to a Statute in this
Kingdom, in the 17 and 18 of
Charles the Second, Cap. 10. Intitu¬
led, An All for Difablingof Spiritual
Perfons from holding Benefices or
other Ecclefiaftical Dignities in Eng¬
land or Wales, and in Ireland at the
fame time. The Proteftant Irilh
Clergy thought they could not be
too iecure in avoiding tire Penalty
of the laft mention'd Act, and
therefore Apply'd themfelves to the
Parliament of England,and ob-
tain'd an Act in the firft year of
King William and Queen
c.29. Intituled, An Act for the Re¬
lief of the Proteftant Irifh Clergy.
And this was the firft Attempt that
was made for Binding Ireland by
an Act in England, fince his Maje-
lty's Happy Acceflion to the
Throne of thefe Kingdoms.
T* After-
I
f I
I I
-II
, i.
C w8 )
agalnfl Afterwards in the fame year, and
" &me Seffionr-Chap.3 4. there pafs'd
an Act in England, Prohibiting all
Trade and Commerce with France,
both from England and Ireland. This
alfo binds Ireland, but was during
the Heat of the War in that King¬
dom, when 'twas impoiiible to
have a regular Parliament therein,
all being in the hands of the Irilh
Papifts. Neither do we complain
of it, as hindring us from corre-
Iponding with the King's Enemies,
for 'tis the Duty of all Good Sub¬
jects to abltain from that. But as
Scotland, tho' the King's Subjects,
Claims an Exemption from alj
Laws but what they Aflent to iq
Parliament ,• fo we think this our
Right alia.
When the Banifh'd Laity of Ire¬
land obferv'd the Clergy thus care¬
ful to fecure their Properties, and
provide for the word as well as
they could in that Juncture, when
no other means could be taken by
a Regular Parliament in Ireland;
they thought it likewife adviieablq
for them to do fomething in rela¬
tion to their Concerns. And ac¬
cordingly
lie
cordingly they obtain'd the AH Aa for sjctf
the letter Security and Relief
their Majejlies Proteflant Subjects of heUxt.
Ireland, i W. and M. Sef. z. c. 9.
Wherein King James's I Parlia¬
ment at Dublin,and all Acts and
tainders done by them, are declared
void. Tislikewife thereby Ena&ed,
that no Proteftant lhall fuller any
Prejudice in his Eftatc or Office, by
reafon of his abfenceout of Ireland,
fmce December ij. 1685. and that
there Ihould be a Remittal of the
Kings Quit-Rent, from 2 j December
1688. to the end of the War. Thus
the Laity thought themfclves fecure.
. :,<o.h .. .7 .
And we cannot wonder that du¬
ring the Heat of a Bloody War in
this Kingdom, when it was impof-
fible to Secure our Eftates and Pro¬
perties by a Regular Parliament of
our own; we fhould have recourfc
to this Means, as the only which
then could be had. We conclud¬
ed with ourfelves, that when w®
had obtained thefe Ads from the
Parliament in England, we had
gon a great way in fecuring the
like Ads to be palled in a regular
Parliament in Ireland\ whenever ir.
-j Ihould
I I 1
ij! I
'
I
11
fhould pleafe God to re-eftablifh »«)
us in our own Country .• For we
well knew our own Conftitution to®
under Pojnings Law, That no Ad
could Pafs in the Parliament 'of ft'
Ireland till approved of by the King aflt<
and Privy Council of England, ishflt-
And we knew likewife, That all Sf«
the Lords and others of his Maje- M
flies Privy Council in England are ij,i
Members of tire Lords or Com- coiw
mons Houfe of Parliament there, utiis
And that by obtaining their Aflent irih
to Ads of Parliament in Favour of pid)
the Irilh Proteftants, they had in a this/
manner pre-engaged their Aflent to ifmr
the like Bills when they fhould ta1
hereafter come before them as Pri- &fa
vy Councellars, in order to be re-
gulady Tranfmitted to the Parlia- fad
ment of Ireland,there to be palled
into Laws of that Kingdom. But In
ioftead of all this, to meet with ofat
another Gonflrudion of what was fad
done herein, and to have it pleaded tte
againll us as c a Precedent of our j^j
Submiflion, and ablolute Acquief-
conce in the Jurifdidion of the y
Parliaments of England over tins
Kingdom, is what we. complain of
as an Invalion (we humbly con- ^
ceive}
eeive) of thdt Legijlative Right
which our Parliament of Ireland\
claims within this Kingdom,
' ' J r- ■ 11 a . -V .j
The next Act pafs'd in the Parli-Aft appeint.
ament of England, Binding "ijNcwQatfci
is that for Abrogating the Oath of
Supremacy in Ireland, and Appointing
other Oaths, 3 and 4 William and
Mary, c.i. To this the Parliament
convened at Dublin, Anno 1691,
Under Lord Sydney, and that like-
wife Anno 1695'. under Lord Capel,
paid an intire Obedience, And by
this {"'tis alledged,) we have given
up our Right, if any we had, and
have for ever acknowledged our
Eubehdrnation to the Parliament of
England. But let us a little conft-
der the force of this Argument.
I readily grant, that this and the
other fore-mentioned Acts in £«g-
land fince the Revolution, when
they Were made, wcre look*d upon
highly in our Favour, and for out
Benefit; and to them as fuch, wc
hafe cotaform'd our Selves. But
then,-in all JuftiCC and Equity, our
Submiffion herftiftds to be deem'd
(purely-v^hntaryfawdmot at all pro¬
ceeding
ifceeding from the Right we conclude
thereby in the Lwgifiators. If a
Man, who has no Jurifdicti n over
me, command me to do a thing that
is pleafing to me, and I do itit
wiii not thence follow, that there¬
by he obtains an Authority over me,
and that evet hereafter I mull O-
bey him of Duty. If I voluntarily
give my Money to a Man, when /
pleafie, and think it • convenient for
me ; this does not Authorize him
at any time to command my Money
from me when he pleafes. If it be
faid, this allows Subjedfs to Obey
only whileft 'tis convenient for
them. I pray it may be confider-
ed, whether any Men Obey longer >
unlefs they be forced to it; and
whether they will not free them-
felves from this Force as fbon as
they can. 'Tis impoflibie to hin¬
der Men from defiring to free thenv
ielves from Uneafinefs, 'tis a Prin¬
ciple of Nature, and cannot be e-
radicated. If Submitting to an In¬
convenience be a lefi Evil than en¬
deavouring to Throw it off, Men
will Submit. But if the-Inconve¬
nience grow upon them, and be
greater than the hazard of getting
rid
C "3 J
rid of it, Men will Offer at puting
it by, let the Statefmati or Divine
fay what, they can.
But I lhall yet go a little further,
and venture to Affert, That the
Right of being fubjedt Only to fuch
Laws to which Men give their own,
Confent, is fo inherent to all Man¬
kind, and founded on iuch Immu¬
table Laws, of Nature and Reafon,
that 'tis not to be Alien J. or Given
apy by any Body of Men \vhatfo-
ever : For the End of .all Govern¬
ment and Laws. being the Publick
Good of ;th?.; Commonwealth, in
the Peace* Tranquility and Eale of
every Membertherein |wJbatloever
A£t is contrary to thi^ Enct, is in
it felf void, and of no effedt: And
therefore for a Copipany of Men
tp lay, Let us \jnite ourJfefaes into
a Society, and let us be absolutely Go¬
vern d by Juch Laws, as fuch a Legif-
lator, without ever Confulting usr
fball devifqjprus r 'tis always to be
underftood^ provided ive find them
for our Bern ftj For to lay, We will
be Goyern'd by thofe Laws, whe¬
ther they be Good or Hurtful to us, is
abiurd in it felf : t or to what End
V " do
( 1*4 )
Jo Men joyn in Society, but to
avoid Hurt; and die Inconvenien-
cies of the State of Nature? -
Moreover, I ctcfire it may be
tonhdered, whether the General
Application of the Chief part of
the Irifb Proteflants, that were at
that time in London, to the Parlia¬
ment at Weftminfter, for obtaining
thefe Laws, may not be taken for
their Confent, and on that Account,
and no other, diele A<9Es may ac¬
quire their Binding Force. I know
very well, this cannot be look'd
upon as a Regular and Formal Con-
fent, fuch as* might be requifite at
another more favourable Juncture <
But yet it may be taken talis qualis,
as far as their Circumftances at that
time would allow, till a more con¬
venient Opportunity might prefent
it lelft
1 M •
1 am fare, if fome fuch Confide-
rations as thcfe, may not plead for
we are of all his Majefties
Subjects die mod Unfortunate ;
The Rights and Liberties of the
Parliament of England have recei¬
ved the grcateft Corroborations
fince
Cits)
jfince his Majefties .Acceffion to the
Throne ; and fo have the Rights of
Scotland; but the Rights of che Peo¬
ple of Ireland, on the other hand,
have received the greateft Weaken¬
ing under his Reign, by our Sub-
milfiori (as tis alledg'Jj to thele
Laws that have beent made for us.
4 V . 4 ; I I 4 '/• i.r . ' , /
This certainly was not the be-
fignof his Majefty's Glorious Ex¬
pedition into thele Kingdoms;
That, we are told by Himfelfy
(whom we cannot poffibly miftruft)
vvas to Ailerc the Rights and Liber¬
ties of thele Natibns ; and we do
humbly prelume that his Majelty
will be gracioully pleated to per¬
mit us to Enjoy die Benefits
thereof.
\ Jr- v.,_- V , . ; v ■ , ■ ... , < ,
And thus Ihave done with the TheOpIaiorj
Pourth Article propofed. As
the Fifthviz. The Opinions of the
Learned in the Laws relating to this
Matter ; 'tis in a great meafure dii-
patch'd by what 1 have offered on
the Fourth HeadI lhail therefore
be the more brief thereon. And
I think indeed the only Perfon of
Note that remains to be eonfidcrcd
T i by
±***J±L
c )
Lord chief by'us, is the Lord Chief Juftice
opinion m. Cook-> a Name of §reat Veneration
cufs'd. with the Gentlemen of the Long
Robe, and therefore to be treated
with all Refped and Deference.
♦ rive 1UO '' r'i- LpjJt;:i
In his Seventh Report in Calvin's •
Cafe, he is proving that Ireland is
a Dominion Separate and Divided
from England; for this he quotes
O) 20 H6.8. many Authorities (if) out of the
CarcW^'S Year-Books and Reports; and a-
32 h.6 25. niongft* others, he has that which
2o Eitz, Dyer. I have before mention'd, pag. 91.
lw. Com. 2 ^-3- I2- which he Tranfcribes
in this manner, Hilernia habet Par-
12 amentum^ & faciunt' Legesy & no-
ftra Statuta non ligant eos, quia iion
mittunt Milites ad Parliamentum ; r
and then adds, in a Parenthchs,
(which is to be under flood\ unlefl they
* he fpecially named) Jed Perjonie eo-
rum flunt fubjetli Regis flcut inhabit
tantes in Calefia, Gajconia, & Gay am
The firlbthing I ihall obferve here¬
on, is die very unfaithful and broken
Citation of this Tallage, as will U
marii&fHyi appear by ; comparing io
it With*, the true Tr ahfeript I have W
given thereof before;.pag.91. Were to/
this, all, 'twere in ibme meafure
par-
C "7 )
pardonable. But what cannot be
excuied, is the Unwarrantable Po¬
rtion in his Parenthefis, without
the lead colour or ground for it in
his Text. Herein he concludes down
right Magifterially, So it muft bejhis
is my Definitive Sentence; as if his
Plain Affertiony without any other
Reafon, ought to prevail; nay,
even point blank againftthe irrefra¬
gable Reafon of the Book hp
quotes. 1 confels in another, place
of Calvin's Gale, viz. fol.17. b. he
gives this Allertion a Colour of
Realon, by laying, That thd Ire¬
land be a Diftind Dominion from
England, yet the Title thereof being
by Conqueft, the fame by Judgment
of Law might by Expreji Words hp
bound b^the Parliaments of England
How far Conquejl gives a Title, wp
have Enquired before: But I wouid
fain know what Lqrd Cook means
by Judgment of Law: Whether he
means the Law of Nature and Rea¬
fon y or of Nations ; or the Civil
Laws of our Commonwealths; in
none of which Senles, I conceive,
will he, or any Man, be ever able
to make out his Pofition.
C "8 )
J$ the Reafon of England's Par¬
liament not Binding Ireland, Be-
eaufe ive do not fend thither Repre¬
sentatives > And is the Efficacy
of this Reafon taken off, by our
leing Named in an Engliffi Adfc >
\V'hy Ihould fending Reprefenta-
tives to Parliament , Bind thole
that feftd them ? Meerly bccaule
thereby the Confent of thole tliat
are Bound, is obtain'd, as far as
thole fort of Meetings can poffi-
bly permit; which is the very
foundation of the Obligation of all
Laws, And is Ireland's being Na¬
med in an Engliffi Act of Parlia¬
ment, the lealt ftep towards ob¬
taining the Confent of the People oj
Ireland i If it be not, then cer¬
tainly my Lord Cook's Parenthelis
is to no purpofe. And 'tis a won¬
der to me, that lo many Men have
run upon this vain Imagination,
meerly from the Allertion of this
Judge : For 1 challenge any Man
to mew me, that any one before
him, or any one fence, but from
him, has vended this Doctrine :And
if the late Affertion of a Judge,
ffiall Bind a whole , and Dil-
: folvcr
C "9 )
fplve the Rights and LiUrtitf
thereof ^ We lliall make their
4 Tongues very powerful, and con-
' fc ftitute them greater Lawgivers than
% the greateft Senates. I do not fee
why my Penying it, Ifyoyld not be
as Authentick as his Affirming it.
'Tis true, He was a great Lawyer
vUft and a powerful Judge ; but had no
hk more Authority to a Law, than
iolitk J or any Man elfe. Butfome will
fey, He was a Learned Judge, and
may be fuppofed to have Reafon
for his Pofition. Why then does
nilI he not give it u$? And then what
yjk he Aflerts would Prevail, not from
tat the Authority of the Perfony but
nisi from the Force of the Reafon. The
mod Learned in the Laws have no
fciira- more power to make or altera
Conftitution,than any other Man ;
noii- And their Decifiqns fliaU no far-
gta ther prevail, than fupported by
ipioi Reafon and Equity. I conceive
mot® my Ld. ChJuftice Gwfc apply'd
jrl himfelf fo wholly to the Study of
n;ll'jn the Common Laws of England,, that
ft jnf he did not enquire far into the Laws
tfjh of Nature and Nations ; if he had,
j qertainly he could never have been
0 Guilty ol fuch an Erroneous SJip;
t*
( 12,0 )
He would have feen demonftrably,
that Confent only gives Humane
Laws their Force, and that there-
Tore the Reafon in the Cafe he
quotes is1 unanfwerable, Quia non
mittunt Milites ad Parliamentum.
Moreover, the' Aflertion of Cooke in
this point is direddy contrary to
the whole tenour of the Cafe which
he cites: For the vety Ad of Par¬
liament on which the Debate of
the Judges did arife, and which
they deemed not to be of Force in
Ireland, particularly names Ireland
So that here again Ld. Cooke*s Er¬
ror appears molt plainly. For this
I refer to the Report, as I have ex¬
actly delivered it before pag. 90,91.
By which it appears clearly to be
the unanimous Opinion of all the
Judges then in the Exchequer Cham¬
ber: That within the Land of Ire¬
land, the Parliaments of England
have no Jurifdidion^vhatever they
may have over the Subjeds of Ire¬
land on the open Seas: And the rea-
lon is given, Quia Hibernia non
wit tit Milites ad Parliament urn in
Anglia.
r .. ; ; vs?; - . : 5r.; . '
; -.-'■itorThfS
^ * -
( 111 )
This Aflertion like wife is incon-
fiftent withhiritfeif in other pares
of his Works. He tells us in his
4th. Inft. pag. 349. that 'tis plain
that not only King John (as all-Men
allow) but Henry the Second alfo>
the Father of King John, did Ordain
and Command\ at the Injtance of the
Irifhy That fuch Laws as had been
in England fhould be Objerv d and of
Force in Ireland. Hereby Ireland
being of it felf a dijlinct Dominiony
and no part of the Kingdom of En¬
gland, was to have Parliaments hot
den there as in England. And in
pag.12. he tells us, that Henry the
Second fent a Modus into Ireland, di¬
recting them how to hold their Par¬
liaments. But to what end Was all
this, if Ireland neverthelefs were
fubjedt to the Parliament of Eng¬
land ? The King and Parliaments
of thefe Kingdoms are the fiipream
Legiflators ; If Ireland be fubjeci
to Two ( its Own, and that of
England ) it has two Saprearns; 'tis
not impolhble, but they may Ehadt
different or contrary Sanctions;
which of thefe lhali the People O-
bey I He tells us in Calvin's Gafe
' r fob
p mi
11
11
I '
fol. 17. b. That if a King hath *
Chrijiian Kingdom by Conqueft, as
Henry the Second had Ireland, after
King John had gi ven to themy being
under his Obedience, and Subjection,
the Laws 0/England for the Govern¬
ment of that Country, no fucceeding
King could alter the fame without
Parliament. Which, by the way,
fcems directly contradi&ory to
what he lays concerning Ireland fix
lines below this Jaft cited paffagc.
So that we may obferve my Lord
Cook enormouily humbling at eve¬
ry turn in this Point.
Opinions of Thus I have done with this Re-
pthcr judges, vcrend Judge; ahd, in him, with
jn Fa\ our ct onjy p0ftive Opinion againjl us,
I fliall now7 confider what our Law-
Books offer in our Favour on this
spirit.
in
Jrchnd.
Titty* tons
Cafe.
To this purppfe we meet a Cafe
fully appofite,reported in the Year-
Book of the 20th of Henry the 6th,
fol. 8. between one John Pilkingtm
?md one A»
e
Pilkington brought a Scire Facias
<tgainft A. to Ihew Caule, why Let¬
ters
A
fc
C "3 )
ters Patents whereby the King had
granted an Office in Ireland to the
laid A. lhould not be repeafd, fmce
the faid Pilkington had the fame
Office granted to him by former
Letters Patents of the fame King
to be occupied by himfelf or his
Deputy. Whereupon A. pleaded,
That the Land of Ireland, time out
of Memory, hath been a Land fe?
paratedand diftindt from the Land
of England, and Ruled and Govern¬
ed by the Cuftoms of the fame
Land of Ireland. That the Lords
of the lame Land, which are of the
King's Council, have ufed from
time to time, in the abfence of the
King, to Eledf a Jujlice, who hath
Power to Pardon and Puniih all Fe¬
lons, &c. and to call a Parliament,
and by the Advice of the Lords
and Commonalty to make Statutes.
He alledged further, That a ParLL
ainent was Allembled, and that it ^ a)
was Ordain d by the laid Parlia- mayUReckon,
ment, (d) That every Man whoa^ngft the
had an Office within the faid Land, °hofcbthat ° r«
before a certain day, ihall occupy loft during
the faid Office by himfelf, other-*hc jon£ ,a-
t wife, he lliould forfeit. He Jhew'd irifh Aas,not-
that Pilk'mgton Occupied by a De-
puty; lUYwt0*
puty; and that therefore his Of¬
fice was void; and that the King U
had granted the faid Office to him
the laid A. Hereupon i Pilkington jo,
Demurr d in Law ; and it was de- oftk
bated by the'Judges, 1Tiverton, For- n,is
tejcue, Partington, Markhatn, and ids
A/cough, whetner the laid Prelcrip¬
tion in relation to the State and lit
Government of Ireland, bo good ox kp
void in Law. Teiverion and Por- frj«i
tington; held the Prelcription void, jij,
But Forte]cue,Markham, and4/cough Icon
held the Prelcription good; and that tfe,
the Letters Patents made to A. kalf
were good, and ought not to be Re- ftP
peafd. And in this it was agreed ft
by Fortefcue and P or tington, That again
if a Tentn or Fifteenth be granted m
by Parliament in England, that meat
fhail not Bind Ireland, althongh the ftfi
King ihould lend the fame statute jSp
into Ireland under his Great Seal ,• fel
Except they in Ireland will in their (dg
Parliament Approve it; Becaufe t
they have not any Commandment by fljjJj
Writ to come torthe. Parliament of En-
gland: And this was not Denied by m
Mark ham, Te her ton, or Afcough. ^
. ... - 1 «-• • ■. : > ' hi
fc. ( )
Hff ■■ -Abb>u- J b: ' ' k i
'phe Merchants of Wat erf or el's Cafe<• Merchants
I® which I liave obferved before, pag.^J^aterfirds
1 •% 90. as Reported in the Year Book C'*
of the 2d. of Richard the 3 d. fol.i 1,
12, is notorious on our behalf, but
mt\1 neecjs not be here repeated.
> ■ j■;. - ;:; h , •
kSntiii The Gale of the Prior of Lan~ Prior of
'>tyo thony in Wales ^ mentioned by
nib Pryn againlt the 4th Inlt. ch. 76. p;
^or.: 313. is ufually cited again]} us. But
(Jfldi/if I conceive 'tis fo far from proving
im this, that *ds very much in our Be-
uktoi half; The Gale was briefly thus-
tokU The Prior of Lanthany brought an
Wpi Aftiondn the Gem. Pleas of Ireland
p,lt againli the of Prior Msr/livgary for
ifcfffi an Arrearof an Annuatypand Judg-
i, Hi ment went dgainlL the Prior of
im Mollingar-y hereon the Prior of MoU
kW lingar brought , a Writ of. Error in
ptWi the Kings Bench of Ireland, and the
ink Jtidgtnar nvas affirmed. Then the
i; Jsj Prior of Mollingpr Appeifd to, the
ok Parliament in k el ami held? 5 Hem
6. before faties Butler• JBarl; of Or-
ftif worlds and^thjb Parliament Revers'd
p: bosh Judgments. The Prior of
Lanthonf relieved all into th s Kings
.Ik Bench w Engfand-y but the Kings
, -c,'.:: Bench
()
Bench refuted to intermeddle, Hi
having no Power over what had pafi'd
in the Parliament of Ireland\ Here¬
upon the Prior of Lanthony Appeal'd
to the Parliament of England. And
it does not appear by the Parlia-
00 Kft. rati.ment R°^l (a) that any thing was
A,-,, s. //. 6 m done on this Appeal j all that is
Entred f>eing only the Petition it
felf at the end of the Roll. Pryn
againft the 4th Inftit. chap. 76. p.
m-
V ... 'O filO'II !!£ > .OVl' • . (■ - l
Now whether this he a Precc-
dent proving the Subordination of
our Irilh Parliament to tlut of En ¬
gland, Ileave die Reader to judge.
To me it fcems the clear contrary.
For firft we may obler\e, the
Bench in England abfolutely de¬
claiming any Cognifance of what
had pafled in the Parliament of Ire¬
land. And next we may pbferve,
That noriiing at all was dtdse there¬
in upon the Appeal to the Parlia¬
ment of England: Certainly if the
Parliament of England had thought
themfelves to have a Right to En¬
quire into this Matter, they Iind
lo done, one way or t'other, and
not left the Matter Undetermin'd
and in Sulpence. " I*1
% it has ever been acknowledged Argument
A 4 that the Kingdom of Ireland is in- s'ucccflion0
%(| ieparably annex d to the Imperial and Recogm-
W ,4 Crown of England. The Obliga- fjjf 10
itfuia. non chat our JLegiflature lies un¬
ity! dcr by Pojningf Act, xoH.j.c.^.
lbs makes this Tye between the two
tali Kingdoms indiilbluble. And we
fiifw mult ever own it our Happinefs to
be thus Annex'd to England:And
that the Kings and Queens of Eng¬
land are by undoubted Right, ipf*
tifo faMa Kings and Queens of Ireland.
Big And from hence we may rcafona-
•(([,. bly conclude, that if any Adts of
Parliament made in England, iliould
310, be of force in Ireland, before they
^ are Received there in Parliament,
y, | they Iliould be more cipecially fuch
(;'e: Adts as relate to the Sitccejfton and
ndlfl. Settlement of the Crown, and
»»■>. nition of die Kings Title thereto,
(tjt and the Power and of
. the King. And yet we find in the
jji Iriflt Statutes, z 8 IIenXAn
All for the Succejfion of the King and
Queen Ann; and another, Chap. j.
Vy declaring die King to be Supream
Head of the Church of f
^ both- which Acts had formerly
pafs'd in the Parliament of England
60 likeWiie we find amongit the
Inih Statutes Aits of Recognition of
the Kings Title to It elan a, in the
Reigns of Henry the Eighth, Queen
Elizabeth, King James, King Charles
the Second, King William and
Queen Mary. By which it appears
that Ireland, tho Annexed to the
Crown of England, has always
been look'd upon to be a Kingdom
Compleat within it felfy and to have
all jurifdidion to an AbJoluteKing-
dom belonging, and Subordinate
to no Lcgillativc Authority on
Earth. Tho', 'tis ,to be Noted,
thefe Englifh Ads relating to the
Succehion, and Recognition of
the Kings Title, do particularly
Nzmz Ireland.
^^"5:.: , : ■ * 01 Ojii.
Ireland's State As the Civil State of Ireland is
Ecclciiafticai thus jEbfolute-withiui it. iclf, lo like*
n epen cnr. - 0^r State Ecclefeafiical:
This is manifeit by die Lanons, and
ConJlitutionsi and even by the Ar¬
ticles of the Church of Ireland,\
which differ in lome things irom
thole of the Church 4>f England.
And in ail {he Charters and Grants
of Liberties and Immunities to
Ireland,\
Vj I29 J
* Ireland] we ftill find this, That
Holy Church jhall be Free, &c. I
would fain know what is meant
here by the word Free : Certainly
if out Church be Free and Abfolute
within .it felf, out State muft befo
likewilhj for how our Civtl and
Ecclefiaflicai Government is now
interwoven, every body knows.
But I will not enlarge on this head,
it fuffices only to hint it,- I fhall
detain my i'elf to ppjfCivi/ Govern--
menu
••wfiihiti V •: . i/ti rr , . £ u.
Apofh^r Argi^fient againft the Argument
Parfiginent pf England's Jurifdidi-
o\\py&\ifeland) .l.take from a
cord \\tyf^eylefs Tlqcita Parliamen¬
tarian pag. 569. to this effed : (a) (a) nEl 2.
In idie>. 1,4th of Edward the Second,
*heT£ing lent his Letters Patents to ~
the ^ord Juftice of Ireland, leting
Jiirn know, That he had'been mo¬
ved" by his Parliament at Wejlmin-
fie*, that he would give Order that
the Irijh Natives ol Ireland, might
enjoy the Laws of England concern¬
ing Life and Member, in as large
and ample manner as the Englifh
of Ireland enjoy'd the fame. Tins
therefore the King gives in Com-
; Jiol K mandment,
()
lMttdment, and . orders according*
ly,- ttafc diis Letters- Patents,
from hence, I'fay;, we may gather,
Th^t the Parliament of England did
Vidrfhcn take upon them to have
. furifdi&iotf 'ill inland, (for
^fen they Wbiildhave made a Law
idi lt'elaMtip'thiS' EfFeCt)'but in-
flcad thereof, they Apply to the
that he • would iritcrpole his
Commands, and give Directions
"fhStr this gfcht Btanch bFJthe'Qw*-
won Law of England thou Id be put
in Execution in Ireland indifferent-
bS fall the;iKffigs SubMlS there,
«• '0m fo' 'tfre>ubrfginMP'■ tSotHpall
"mddewith them on theh'fhft'Sub-
mfffibn to ritEC$owh of
,>>!(? V'V : cull Oi .•>■,};■ ,g';q ,rA'.'
a'0j. !:j ;l~et tis tf6WirebnMer thegteat
drawn from a<^fc)e6tfon !ffottt! a Writ
Writ of Error.; Error'slying Frbhi the
hf England.,off a judgment-g^ten
ui' the Kingf-ill" Ireland;
tviiidt prov eSri(a!S- 'tis infifhxl on)
rhat tlicrc isU
land x. o England*; and thatifan
fermrCourt of - Judicature
\ land, can thus take cognizance of,
* ahd over-rule the Proceeding in
the like Court '.of Ireland; if will
follow,.
( '!■ )
follo^f that the S Court of
Parliament in England may do the
lame, -fa-relation to the Proceed¬
ings of the Court of Parliament
in Ireland.
It mud be confefs'd that this has
been the eonftant Practice; and it
feems to be the great thing that
induced my Lord Cook to believe
that an AOl of Parliament in
land, atwl mentioning or Including
Ireland.ihould Bind-* liere. The
Subordination of I to
land, he feems to Infer from the
Subordination of tlie Kings Bench
of Ireland, to the Kings Bench of
England. But to this I anfwer:
i. That 'tis die Opinion of fe-
veral Learned in the Laws of Ire¬
land, That this Removal of a Judg¬
ment from the Kings Bench of Ire¬
land, by Writ of Error, into the
Kings Bench Of England, is foun¬
ded on an Ad • of Parliament in
Ireland, which is loft amongft a
great number of other Ads, which
we want for the lpace of 13 0 years
at one time, and of iio at another
time, as Wf have noted before,
K pag.
pag.6j. But it being only a Gene¬
ral Tradition, that there \vas fuch
an Adt of our .Parliament, we on¬
ly oflcr it as a Surmifthe Statute
it felf does not appear.
a. Where a Judgment in Ireland
is Removed, to be Revers'd in
England,'the Judges in. England
pught, and always do judge, ac¬
cording to t.he Taws and of
Ireland, ahd nop according to the
Laws and; Cpuoms of England,
any othetwife than .as thefe may
be of Force in Ireland; but if in
any thing the two Laws diflep, the
Eavv of Irelandmuft prevail, and
guide their Judgment.. And there¬
fore in the Cafe of one Kelly, Re¬
moved to the Kings Bench in Eng¬
land, in the beginning of King
Charles the Firfl, one Error was
alligned that the Trtecife was of
iVoods and Underwoods,which is a
manifcll Error, if brought in Eng¬
land-, but the Judges .finding the
Ule to be Otherwife in
judged it No Error. So. in Crook,
Charles, fol. 511. Mulcarty verb
Eyres. Error was alligned for that
the Declaration was of one hundred
Acres
C tj0
Acres of fiogg, which is a word
notfknown in England; bur 'twas
faid,-It ; was Well enough under-
flood in Ireland\ and fo adjudged
No Error.
From whence* I conceive, 'tis
manifeft, that the Jurifdidtion of
the Kings Bench in England^ over
a Judgment in the Kings Bench of
Ireland, does not proceed from any
Subordination of one Kingdom to
the other; but from iome other
Reaion, which we lhall endeavour
to malte out.
'
• ; T H > IX ' 11 ml ' 2' " { A ' ■ * f " 1 *.
3. We have before obfervcd,
That in the Reign of K. Henry the
Third, Gerald Fitz, Lord
Juftice of Ireland,fent four Knigbtj
to know what was held for Law in
England in the Cafe of Coparceners.
The Occafion of which Meilagc
fas before we have noted out of
the Kings Refcript) was, becaule
the Kings Juftice of Ireland was ig¬
norant what the Law was. We
may reafonably imagine that there
were many MefTageS of this kind,-
for in the Infancy of the Englilh
Government, it may Well be ihp-
pofed, that the Judges in Ireland
were not lo deeply verfed in the
Laws of England: This occafion-
ed Meflages to , Before
Judgment given in , to be
inform'd of the Law. And After
Decrees made, Perfons who
thought themfelves aggrieved by
Erroneous Judgments, apply'd them¬
felves to the King in England for
Redrefs. Thus it muft be, that
JYrits of Error (unleis they had
their Sa'ndfioji in Parliament) be¬
came in ufe. Complaints to the
King by thofe that thought them¬
felves injur d, increaied ; and at
laft grew into Cuftom, and ob-
tain'd the Force of Law.
• ' .
Perhaps it may be Objected,
That if the Judges of the Kings
Bench in England ought to Regu¬
late their Judgment by the Cu-
lloms of Ireland, and not of
land,, it will follow, that this Ori¬
ginal which we affign of Writs of
Error to England, is not right.
I Anfwer, That this may be die
Trnnary Original, and yet conliil
well enough with what we have
before
W before laid down : For tho*\the
mfc Common Law of England wa.s to
be the Common Law of Ireland,
titjto and Ireland at the beginning of its*
tofc Englifh Government might fre-
Ajtfr quently fend into England to be
4 informed about it i yet this does*
cdljjf npt hinder, but Ireland, in a long
lem. Procefs of Time, may have fome
iliot fmaller Cufloms and Laws of its
»tii own, gradually but infenfibiy
j U crept into Pra&ice, that may in
t)[f. fome meafure differ from the Cu-
ftoms and Pra&ice of England;
fa. and where there is any fuch, the
kfat Judges of England muft regulate
^4 their Sentence accordingly, tho'
the firft Rife of Writs of Error to
England, may be as we have here
M fuggefted. In like manner, where
v • the Statute-Law of Ireland differs
J from that of England, the Judges
^ of England will regulate their Judg-
f. ments by the Statute-law of Ire-
. ^ land: This is the conftant Pra&ice,
lS 0f and notorioufly known in Weftmin-
fter-Hall; From which it appears,
that removing a Judgment from the
, ,, Kings Bench of Ireland\ to the
^ Kings Bench of England, is but an
ftVC Appeal to the King in his Bench
k K 4 °*'
( 136 )
of England, for his Senfe, Judge¬
ment, or Expofition of the Laws
of Ireland. But of this more here¬
after.
Hi: .
4. When a Writ of Error is Re¬
turned into the Kings Bench of
England, Suit is made to the King
only; The Matter lies altogether
he fore Him ; and the Party com¬
plaining applies to No Part of the
Political Government of England
for Redrefs, but to the King of Ire¬
land only y who is in England: That
the King only is fued to, our Law-
Books make Plain. This Court is
call'd Curia Domini Regis, and Au¬
la Regia, bccauie the King ufed to
fit there in Pcrion, as Lamhard
tells us; And every Caufe brought
there, is laid to be coram Domino
Rege, even at this very day, Cooke
4 lnfi.vp.71. Therefore if a Writ
be returnable coram nobis ulicunopue
fuerimus, 'tis to be Return'd to the
Kings Bench. But if it be Return¬
able coram JuJliciariis noftris apud
Wefim. 'tis to be Returnd into the
Common Pleas. This Court fas
Glavnil and other Antients tells us)
ufed to Travel with the King,
where-
c m
where-ever he went. And Fleta,
in defctibing this Court, fays, Ha¬
le tR ex Curiam fuam & Jujticiarios
fuoSy coram quibus, & non alili nifi
coram femet ipfo, &c falfa Judicia tst
Errores revertuntur & Corriguntur.
The King then (as Britton fays J?
having Supream Jurifdidion in his
Realm, to judge in ail Caufes what-
foever ; therefore it is, that Erro¬
neous Judgments were brought to
him out of Ireland. But this does
not argue that Ireland is therefore
Subordinate to England^ for the
People of Ireland are the Sub jells
of the King to whom they Appeal.
And 'tis not from the Country
where the Court is held, but from
the Prefence and Authority of the
King (to whom the People of Ire¬
land have as good a Title as the
People of England) that the Pre¬
eminence of the Jurifdiftion does
flow, And I queftion not, but in
former times, when thefe Courts
were firft Ereded, and when the
King Exerted a greater Power in
Judicature than he does now, and
he ufed to fit in his own Court,
that if he had Travell'd into Ire¬
land, and the Court had followed
- him
liim thither; Erroneous Judgments
might have been removed
England before him his Court in
Ireland; for fo certainly it mult be,
fince the Court Traveil'd with the
King. From hence it appears,
that all the Juriidi&ion, that the
Kings Bench in Enhas over
the Kings Bench in ,arifes
only from the Kings Prefence in the
former. And the fame may be faid
of the Chancery in if it
will afliime any Power to Con-
troul the Chancery in Ireland; be-
caufe fas Lamhardlays, p.69,70..)
The Chancery did follow the King,
as the Kings Bench did ; and that,
as he tells us out of the Lord
Chief Juflice Scroope the Chancery
and the Kings B ene f were once but
one Place. But if this be the
ground of the Jurifdicftion of the
Kings Bench in England over die
Kings Bench in , (as I am
fully perfwaded it is ) the Parlia¬
ment in England cannot from hence
claim any Right of Jurildidtton
111 Ireland,becaufe they claim a
Jurifdittion of their ; and their
Court is not the Kings Court, in
that proper and frill fence that the
Kings Bench is. But
C w )
But granting that the Subordina¬
tion of the Kings Bench in Ireland,
to the Kings Bench in England, be
rightly concluded from a Writ of
Error out of the latter, lying on a
Judgment in the former. I lee no
Realon from thence to conclude,
that therefore the Parliament of
Ireland, is Subordinate to the Parlia¬
ment in Englandf uniefi \Ve make
any one fort of Subordination, or
in any one fart of Jurifdi&noiij 10
be a Subordination in a I Points,
and all parts of Jurifdi&ion. The
Subje&s of Ireland may Appeal to
the King in his Bench in England,
for the Expounding of the Old com¬
mon and Statute-Law of Ireland;
will it therefore follow that the
Parliament of England iha.ll make
New Laws to bind the Subjects in
Ireland ? I fee no manner of Con-
lequence in it; unlefs we take Ex¬
pounding Old Laws, (or Laws alrea¬
dy made) in the Kings Bench, and
making New Laws in Parliament,
to be one and the fame thing. I be¬
lieve the beft Logician in Europe
. will hardly make a Chain of Syllo-
gifms, that from fuch Premifes,
C I4° 0
will regularly induce fuch a Con-
clufion,
V '■ ' • . ■: '
To clofe this Point, We find
that a Judgment of the Kings Bench
in Ireland\ may be Removed by a
Writ of Error to the Parliament in
Ireland; But the Judgment of die
Parliament of Ireland was never
quellion'd in the Parliament of
England. This Appears from the
Prior of Lanthonfs Cafe afore¬
going.
i I fhall conclude this our Fifth
Article with a memorable Pafiage
out of our Irilh Statutes, which
feems to ftrengthen what we have
delivered on the Bufinefs of a Writ
of Error, as well as the chief Do¬
ctrine I drive at; and that is 28
H. VIII. Chap. 19. The AH of Fa¬
culties. This Statute is a Recital
at large of the Englifh A& of the
25 Hen.VIII. c.21. In the Pream¬
ble of which Englifh Adt 'tis De¬
clared, That this Tour Graces Realm
Recognizing no Super iour butuTour
Grace, hath been and yet is free from
any Subjeftion to any Mans Laws fit
qn/y fuch as have been Devifed with-
in, this Realm, for the Wealth of the
fame, or to fuch others, as ly Suffe¬
rance of Tour Grace and Tour Proge¬
nitors, the People of the Realm have
taken at their Free Liberties ly their
own Cpnfent; and have bound them-
feIves by long Uje and Cujlom to the
Obfervance of &c.
This Declaration, with the other
Claufes of the laid Englifli Ad:, is
verbatim recited in the Irifli Atl of
Faculties; and in the faid Irifli Adt
it is Enacted, That the faid Englifh
Aftr and every thingand things there¬
in contained, fhall be Eftablifbed, Af¬
firmed,Taken, Obey d and Accepted
within this Land of Ireland as a good
and per fell Law, and jhall be within
the faid Land of the fame Force, Ef¬
fect, Quality, Condition, Strength and
Vertue, to all Pnrpafes and Intents,
astit is within the Realm of England;
(if fo, then the faid Glaule de¬
clares our Right of being bound
only by Laws to which we Con-
fent, as it does the Right of the
People of England) And. that atl
Subjects within the faid Land of Ire¬
land, fhall enjoy the * Profit and
Commodity thereof , in like manner
I
I
i
I
>
'as the Kings of the Realm
of England. '
.-v^tV 1 "\- ■ - .-.u S'iv.w 'v..-. ^ im. *
, R I am now Arrived at our Sixth
ions offered In and Laft Article Ptopoled, viz. The
tehalf of Reajons and Arguments that may le
it farther Offered en one fide and t'o¬
ther in this Delate.
England's Ti- I have before taken notice of the
?Cpto Jrfiind Title England pretends over us
> urc a c. ^.om Qon^ueji . j havc likewife en¬
quired into the Precedents on one
iide and t'other, from Acts of Par¬
liament, from Records, and from
Reports of the Learned in the
Laws. There regains another
Pretence or two fortius Subordina¬
tionto be Considered; and one is
founded on Putchafii
vi . • ) . . } e
"Tis faid, That vaft Quantity
of Treafure, that from time to
time has been IpeOt :by England in
Reducing the Rebellions and carry¬
ing on the Wars of Ireland, has
given them a jnft Title at leaft to
the Lands and Inheritances of the
Rebels, and to the abfoiute Difpo-
ial thereof in their Parliament*;
And as particular Examples of this,
we
( 143
we-afetold of . the great Sums Ad¬
vanced fey England for lupprefsing
the Rebellion of die Irilh Papifts
in 41. and Oppofing the late Re¬
bellion fince King WILLIAM'S
Accellion to the Throne.
r.c.o:r.v. :;osb et, '• r.-j
To this I Anfwer, That in a
War there is all Reafon imagina¬
ble diat the Eftates of the Unjuft
Oppofcrs Ihould go .to repair the
the Damage that is done. This £
have briefly hinted before. But if
we Conftder the Wars of Ireland,
we ihall perceive 'they do not re*
1'emble the common Cal'e of Wars
betweem two Foreign Enemies ;
Ours afe radier Rebellions, or In*
tefiitif- Lommetions; that is, The
IniJh.'Exfifis riling againft the King
and Proteftants of Ireland• and
then ;'cis. plain, that if thele Latter,
by the Atfiftance of their Bretliren
of England,and their Purfe, do
prove Vidtorious, the People of
England ought to be fully Repaid :
But then the manner of their Pay¬
ment, .aind in what way it lhall be
Levied, ought to be left to the
People of Ireland in PatUament
Aflembled: And fo it was after
the
the Rebellion of 41. The Adven¬
turers then were at vaft Charges,
and there were feveral Adts of
Parliament in England made for
their Re-imburhng, by difpoling to
them the Rebels Lands. . But af¬
ter all, it was thought Reasonable
that the Parliament of Ireland
Ihould do this in their own way;
and therefore the Alls of Settlement
and Explanation, made all the for¬
mer Englilh Adts of ; or
at leift did very much Alter them
in many Particulars, as We have
Noted before. In like manner we
allow that England ought to be re¬
paid all theirExpcnces in fupref-
ling this late Rebellion: All we de-
fire is, Thar, in Preservation of
our own Rights and Liberties, we
may do it in our own Methods re¬
gularly in ourownParhament : And
if the Re-imburfement be all that
England ftands.'upon, what ayail-
ethi.it whether it, be done this way
or that way, fo it be done i. We
haVe an Example of. this in
Point between England and Holland
idthe- Glorious .Revolution under
His Prefent Majefty : Holland in
AddangEngland Expended 600000
till Pounds,
Pounds, and the Engliffi Parlia*
ment fairly repay'd them: It would
have look'd oddly for Holland to
have infilled on Difpofingof Lord
Toxoid's and other Ellates, by their
own Laws, to re-imburfe them-
felves.
?Tis an Ungenerous thing tovil-
lifie good Offices, I am far from
doing it, but with all poffible Gra¬
titude Acknowledge the Mighty
Benefits Ireland has often receiv'd
from England, in helping to liip-
prefs the Rebellions of this Coun¬
try ; To England's Charitable Af-
filtance our Lives and Fortunes are
owing : But with all humble Sub-
miffion, I defire it may be confi-
dered, whether England did not at
the lame time propofe the Prevent
tion of their own Danger, that would
necelfarily have attended our Ruinej
if fo, 'twas in fome meafure their
own Battels they fought, when they
fought for Ireland; and a great
part of their Expence mult be rec¬
koned in their own Defence.
Another thing alledged againlt
Inland hisy If a Foreign Na-
% .tion.
no '• . • i.»
C)7 IxiO
til. Q*
.
-H II
objea. ire- tion as prance or Spain for inftance,
c'iai foT^I prove prejudicial to in its
M's Trade, Trade, or any other way
Eoand°retobe if it be ftronger, redrelfes it lelf by
Force of Arms, or Denouncing
War ; and why may not England]
if Ireland lies crois their Interefts,
reftrain Ireland, and bind it by
Laws, and maintain thefe Laws by
Force ?
? ' I Ji : y I »•; .
To this I anfwer : Firft, That
it will hardly be inflanced, that
any Nation ever Declared War with
another, meerly for overtopping
them in fome fignal Advantage,
which otherwife, or but for their
Endeavours, they might have rea¬
ped. War only is Juitifiable for
Injujlice done, or Violence ofler'd,
or Rights detain'd. I cannot by
the Law of Nations, quarrel with
a Man, becaufe he, going before
me in the Road, finds a Piece of
(jold, which polfibly, if he had
nor taken it up, I might have light
upon and gotten. Tis true, we
often fee Wars commenced on this
Account under-hand, and on Emu¬
lation in Trade and Riches ,♦ but
then this is never made the Open Ere-
tence
C M7 )
tencey fome other Colour it mufl: re¬
ceive, or elfe it would not look
fair; which Ihews plainly, that this
Pretence of being Prejudicial, or of
reaping Advantages which other-
wile you might partake of, is not
Juflifiable in it felf. But granting
that it were a good Juflification of
a War with a Foreign Nation, it
will make nothing in the Cafe be¬
tween England and Ireland; for if
it did, why does it not operate in
the fame manner between England
and Scotland, and confequently
in like manner draw after it Eng¬
land's binding Scotland by their
Laws at Weftminjler : We are all
the fame Kings Subjects, the
Children of one Common Parent;
and tho' we may have our Dijlinli
Rights and Inheritances abfolutely
within our felves; yet we ought
not, when thefe do chance a little
to interfere to the prejudice of one
or t'other fide, immediately to treat
one another as Enemies; fair Ami¬
cable Propofitions fhould be pro-
pofed, and when thefe are not
hearkened to, then 'tis time enough
to be at Enmity, andufe Force,
L a The
7
i
iif irjii
!i T, \
hii'M
£)b]c&. he- xhe laft thing I {hall take No¬
am/ a Colony. fQm€ agaillft US,
is, That Ireland is to be look'd
upon only as a Colony from Eng¬
land : And therefore as the Roman
Colonies were lubjecft to, and bound
by, the Laws made by the Senate
at Rome ; fo outfit Ireland by xhofc
made by the Greqt Council at Weft-
minfter. Of all the Objections
railed againft us, I take this to be
the molt Extravagant ; it feems
not to hive the lealt Foundation or
Colour from Reafon or Record: Does
it not manifeftly appear by the Con-
ft it ut ion of Ireland, that 'tis a Com-
fleat Kingdom within it felf * Do
not the Kings of England bear the
Stile of Ireland amongft the reft of
their Kingdoms \ Is this Agreeable
to the nature of a Colony ? Do
they ufe the Title of Kings of
Virginia, New-England or Mary-
Land > Was not Ireland given by
Henry the Second in a Parliament
at* Oxford to his Son John, and
made thereby an Ahfolute King¬
dom, fefar ate and wholly Indepen¬
dent on England, till they both
came United again in him, after the
Death
" C 149 3
Death of his Brother Richard with¬
out Illue ? Have not multitudes of
Abts of Parliament both in Eng-
landznd Ireland^ declared Irelanda
Compleat Kingdom ? Is not Ireland
(tiled in them All, the Kingdom, or
Realm of Ireland> Do thele Names
agree to a Colony ? Have we not a
Parliament, and Courts of Judica¬
ture >' Do thefe things agree with
% Colony* This on all hands in¬
volves fo many Ablurdities, that I
think it deierves nothing more of
our Confideration.
Thefe being the only remaining
Arguments that are iometimes
mention'd Againfl us, I now proceed
to offer what I humbly conceive
Demonstrates the Jfuftice of our
Caufe.
And herein I mud beg the Rea¬
der s Patience, if now and then I
am forced lightly to touch upon
fonie Particulars foregoing. I ihall
Endeavour all I can to avoid pro¬
lix Repetitions ; but my Subject
requires that foretimes 1 juft men-»
tion, or refer to, feveral Notes be-*
fare delivered.
L i bird.
( ijo)
t) , ' ' ; • ; '1 ; v lo fllJ
Firft therefore, I fay, That Ire.-
land jhould be Bound by APIs of Par¬
liament made in England, is againfi
Reajon, and the Common Rights of all
Mankind.
All Men are by Nature in a (late
of Equality ^ in refped of Jurifdi-
dion or Dominion: This I take to
be a Principle in it lelf fo evident,
thatitftaijdsin need of little Proof.
?Tis not to be conceived,that Crea¬
tures of the fame Species and Rank,
promilcuoufly born to all the fame
Advantages of Nature, and the ufe
of the fame Faculties, Ihould be
Subordinate and Subjed one to
another ; Thejfc to this or that of
the lame Kind.' On this Equality
in Nature is founded that Right
which all. Men claim, of being free
from all Subjedion to Poiitive
Laws, till by their own Confent
they give up their Freedom, by en-
tring into Civil Societies for the
common Benefit of all the Mem-
Confcrit only bers thereof. And on this Confent
force LaW depends the Obligation of all Hu~
x mane Laws ; infomuch that without
it, by the Unanimous Opinion of
x all
Againft the
Rights of
Mankind,
C-in )
allJurifls, no Sanctions are of any
Force. For this let us Appeal; a~
mongftmany, only to the Judicious
Mr.Hookers Ecclef Polity, Book r.
Sec.io. Lond.JLdit.i6j6. Thus He.
Howleit, Laws do not take their
Confl raining force from the Qjuality of
fuch as Devife them, hut from that
Power which doth give them the
flrength of Laws. That which we
fpake before, concerning the Power of
Government, mufl here he applied to
the Power of making Laws whereby
to Govern, which Power God hath
over A/l; and hy the Natural Law,
whereunto he hath made all fubjeft,
the Lawful Power of making Lawsy
to command whole Politick Societies
of Men, belongeth fo properly unto
the fame entire Societies, that for any
Prince or Potentate, of what kind
foever upon Earthto exercife the
fame of himfelf and not either by
expreis Commiflion immediately and
perfanally receivd from God, or elfe
by Authority derived at the firft
from their Confent, upon whofe
Perfons they impofe Laws, it is no
better than meer Tyranny. Laws they
are not therefore, which Publick Ap-
L 4 probation
( If* >
probation hath not made fo: But
Approbation not only they Give,
who Perfonally declare their Ajfent
by Voice, Sign, or Aft ; hut alfo when
others do it in their Names, by Right
Originally, at the leaft, derived
from them: As in Parliaments,
Councils, &c.
i S.* *•>'. . . '> . . ... » V ' , • \ . '
Again, Sith Men Naturally have
vo full andper fell Power to command
whole fohtick Multitudes of Men ;
therefore utterly without our Confent,
we could in fucb fort he at no Mans
Commandment living. And to he
commanded we do confent, when that
Society whereof we are part, hath at
any time before confented, without re-
vokingtbe fame after by the like Uni-
verjal Agreement. Wherefore as any
Mans Deed paft is good, as long as
himjelf continueth, Jo the Alt of a
Puhlick St ciety of Men, donefive hun¬
dred years fithence, (landeth as theirs
whoprefently are of the fame Socie¬
ties, becauje Corporations are Immor¬
tal• we were then alive in our Pre-
decejfors, and they in their Succejfors
do Jiill live. Laws therefore Humane
of what kindjoever, are available by
Confetti, &c.
C lS3 )
And again, But what matter the
haw of Nations doth contain, I omit
to fearch ; tie ftrength and vertue of
that Law is fuch, that no particular
Nation can lawfully prejudice thefame
by any their feveral Laws and Ordi¬
nances, more then a Man by his Pri¬
vate Refolutions the Law of the whole
Commonwealth or State wherein he
liveth ; for as Civil Law being the
Alt of a whole Body Politick, doth
therefore over-rule each Civil part of
the Jame Body ; fo there is no Reafon
that any one Commonwealth of it felf
fhould to the Prejudice of another, an¬
nihilate that whereupon the whole
World hath Agreed.
To the fame purpofe may we
find the Univerfal Agreement of aii
Civilians, Grotius, Puff en dor f, Lock's
Treat. Government, &c.
No one or more Men, can by
Nature challenge any Right, Liber¬
ty or Freedom, or any Eafie in his
Property, Eflate or Conscience,which
all other Men have not an Equally
Jufl Claim to. Is England a Free
People > So ought France to be. Is
Poland fo ? Turky likevvife, and aii
the
C )
the Eaflern Dominions, ought to be
lo : And the lame runs through¬
out the whole Race of Mankind.
.Againft the Secondly, 3Tis againft the Com-
z°wT£«y- mon Laws of which are
Uui. of Force both in England and Ire-
land, by the Original Compatl be¬
fore hinted. It is Declared by both
Houfes of the Parliament of Eng¬
land, i Jac. cap. i. That in the High
Court of Parliament, all the whole
Body of the Realm, and every parti¬
cular Member thereof either in Per-
fon, or by Reprefentation (upon their
own Free Eletlions) are by the Laws
of this Realm deem d to be Perfo-
nally prefent. Is this then the com¬
mon Law of England, and the Birch-
right of every Free-born Englifh
Subjed: ? And lhall we of this
Kingdom be deny'd it, by having
Laws impoled on us, where we are
neither Perfonally, nor Reprefenta-
tively prefent ? My Lord Cooke in
his 4th Inft. cap.< 1. faith, That all
the Lords Spiritual and temporal,
and all the Commons of the whole
Realm, ought ex Debito Judicial to
be Summon d to Parliament, and none
of them ought to be Omitted. Hence
it
)
it is call'd Generate Concilium in the
Stat, of Wejlminfl. i. and Commune
Concilium, becaufe it is to compre¬
hend all Perfons and Eftates in the
whole Kingdom. And this is the
very Reafon given in the Cafe of
the Merchants of Waterford forego¬
ing, why Statutes made in England,
jhould not bind them in Ireland\
Quia non halent Milites hie in Par-
liamento; Becaufe they have no
Reprefentatives in the Parliament of
England. My Lord Hollard in the
Cafe of Savage and Day, pronoun^
ced it for Law, That whatever is-
againft: Natural Equity and Reafon,
is againft Law ; Nay, if an Adtof
Parliament were made againft Na¬
tural Equity and Reafon, that A6t
was void. Whether it be not a-
gainft Equity and Reafon, that a
Kingdom regulated within it lelf,
and having its own Parliament,
fhould be Bound without their Coft-
fentl by the Parliament of another
Kingdom, I leave the Reader to
conlider. My Lord Cooke likewife
in the firft Part of his Inftitutes,
fol.97.b. faith, Nihil quod eft contra
Rationem efl Licitum. And in the
old Modus Jenendi Parli amenta of
C >5« )
England, fa id to be writ about Ed¬
ward the Confeffor's time, and to
have been Confirmed and Approv¬
ed by William the Conqueror: It is
exprefly declared, That all the
Lords Spiritual and Temporal, and
the Knights, Citizens, and Burgeffes
ought to he lummoned to Parlia¬
ment. The very lame is in the
Modus lent into Ireland by Henry
the xd. And in King John's Great
Charter dated ig.- Johanna , 'tis
granted in thefe words, Et ad ha-
bend. Commune Concilium Regni de
Auxiliis & Scutagiis Ajfidendis, Sub-
■moneri faciemus Archiepifcopos, Epij-
copos, Abbates, Comites, & Mayores
Barones, Regni Sigillatim per Lite¬
ms Nojlras, £§* faciemus fubmoneri
in generali per Ficecomites omnes
2lios, &c. Math.. Paris ad An. 17.
Johann. All are to be Summoned
to Parliament, the Nobility by lpe-
ci^l Writts; the Commons by gene¬
ral Writts to the Sheriffs, And is
this the Common Law of England >
Is this part of thole Libera: Confue-
tudines, that were contained in the
Great Charter of the Liberties of
die People of England; And were
{9 folemnly granted by .Henry II.
t nn
King John, and Henry the 3 d, to'
the Feople of Ireland,that they iliou'd
Enjoy and beGoverndby; and
unto which they were Sworn to be
Obedient; And fhall they be of
Force only in England, and not in
Ireland > Shall Ireland Receive
thefe Charters of Liberties, and be
no Partakers of the Freedoms there¬
in contained ? Or do thefe words
fignifie in England one thing, and
in Ireland no Juch thing ? This is fo
repugnant to all Natural Realon
and Equity, that I hope no Ratio¬
nal Man will Conteft it: I am lure
if it be fo, there's an end of all
Speech amongft Men f All Com¬
pacts, Agreements, and Societies,
are to no purpol^.
3. It is againft the Statute Laws Againftths
both of England, and Ireland: this bo^h of IQ-
lias been pretty fully difufs'd before; w and
however I fhall here again take no-
tice,'That (a) 111 the 10. of Henry the O) See befo*
4th it was Enabled in Ireland, that Pa£' 6*s
Statutes made in England fliould
not be of Force in Ireland, unlefs
they were Allowed and Publifhed
by the Parliament of Ireland. And
the like Statute was made the xpth
of
of Henry the 6th. And in the ioth
Year of Henry the 7th. Chap. 23
Irifh Statutes, The Parliament
which was held at Drogheda,, before
Sir Chrijlopher Preflon, Deputy to
Jo/par Duke of Bedford Lieute¬
nant of Ireland, was declared Void,
for this Reaion amongft others,
That there was no General Summons
of the fa id Parliament to all the
Shires , but only to Four. And if
Ads of Parliament made in Ireland
fhall not Bind that People, becaufe
Lome Counties were omitted: how
much lels ihall either their Perfons
or filiates be Bound by thofe Ads
made in England, whereat no one
County , or Perfon of that King¬
ed Pultois dom is prefent ? In the- (I) 25th
Stars- ^Edir Edward the 1 ft. Cap. 6. It was
1670. pag. 63. Enad:ed by the Parliament of Eng¬
land in thefe Words, Moreover from
henceforth we fhall take no manner of
Aid, Taxes, or Prizes, but by the
((.) ibid, page; Common Affent of the Realm. (Y)
And again in the Statute of Liber¬
ties, by the fame King, Cap. 1. De
Tallag. non Coneedend. it is Enact¬
ed in thefe Words. No Tallage or
Aid fhall be Taken or Levy'd by Us,
or Our Heirs, in Our Realm, without
T 15T7
the Good Will and Affent of Archli-
ihops^Bifhops, Earls, Barons, Knights,
BurgejfeSy and other Freemen of the
Land. The like Liberties are ipe-
cially Confirmed to the Clergy, (JT)W page
the 14th of Edward the 3d. And"3'
were tliefc Statutes, and all other
Statutes and Ads of the Parlia¬
ment of England Ratified, Confirm¬
ed, and Adjudged by feveral Parli¬
aments of Ireland to be of Force
within this Realm: And fhall the
People of Ireland receive no Bene¬
fit by thofe Ads ? Are thofe Sta¬
tutes of Force in England only;
And can they add no Immunity or
Priviledge to the Kingdom of Ire-
land, when they are received there ?
Can the King and Parliament make
Ads in England to Bind his Sub-
jeds of Ireland without their Con¬
tent ; And can he make no Ads in
Ireland with their Confent, whereby
they may receive any Priviledge or
Immunity > Tins were to make the
Parliaments of Ireland wholly Illufo-
ry, and of no Effell. If this be Rea-
fonable Dodrine, To what end
wasFoynings Law in Irelandfe^thzt ^>10^:7.0.22
makes all the Statutes of England
before that, in Force in this King-
,... doms
( )
dom > This might as well hav^
been done, and again undone,when
they pleafe, by a fingle Ad: of the
Engliih'Parliament. But let us not
make thus light of Conftitutions
of Kingdoms,'tis Dangerous to thofe
who do it, 'tis Grievous to thofe that
fuffer it.
Moreover, Had the King or his
Council of England, in the ioth
year of Hen. VII. in the leaft
dreamt of this Dodrine, to what
end was all that ftrid Provifion
made by Poynings Aft , Iri-lh Stat.
cap.4. That no Ad of Parliament
Ihould pafs in Ireland, before it
vvas firft Certified by the Chief
Governour and Privy Council here,
Under the Broad Seal of this King¬
dom, to the King and his Privy
Council in England, and received
their Approbation, and by them be
remitted hither under the Broad
Seal of England, hero to be pafs'd in¬
to a Law > Thedefign of this Ad,
leems to be the Prevention of any
thing palling in the Parliament of
Irelafid Surreptitioufly, to the Pre¬
judice of the King, or die Englijh
Interejl of Ireland. But this was a;
c 161 J
7'* tseedlefs Caution, if the King, and
1 c% Parliament of England, had Power
at any time to revoke or annul any
fucli Proceedings. Upon this At}
111 of Poynings, many and various A&s
wiil jiaye pafs^ m Ireland, relating to
the Explanation,Sufpenfion, or far¬
ther Corroboration thereof, in di¬
vers Parliaments, both in Henry
the Eighth's, Phil. & Mary s, and
1 ^11 Q. Eliz. Reigns; for which fee the ti 8.C.4.
^ ^ Iriih Statutes. All which Ihew 28 h.8. c. 20.
tjtoili tiiat this Botlrine was hardly fo|^ 4Ph'&M
^ much as Surmifed in thofe Days, n Eliz.Sefa.
Mk however we come to have it raifed C; lvV • f ,
1tbm hi thefe Latter Times. c!g. ^ * 5"
nvi
Fourthly, 9Tis againft feveral Againft feve«
idfe, Charters of Liberties Granted unto ons^adef®
the Kingdom of Ireland: This inland.
likewife is clearly made out by
m what foregoes. I lhall only add in
jWx this place, That in the Patent-Roll
k1® of the 17 Rich.z. m/3 4. de Qonfirma-
tfik'l; There is a Confirmation of
jfcl feveral Liberties and Immunities
iafy granted unto the Kingdom and
ifatf People of Ireland by Edw,III. , The
S Patent is fomewhat long, but fo
W hiuch as concerns this Particular, I
it#1 ifeall' render verbatim^ -as I have it
#t Mf Tranfcri-
( 16j- )
Tranfcribed from the Roll by Sir
William Domvile, Attorny General
in Ireland during the whole Reign
of King Charles II. Rex omnibus,
&c. Salutem : Infpeximus Liter as
Tatentes Domini Edwardi nuper Re¬
gis Anglice, Avi noftri fall, in hcec
verba : Edwardus Dei Gra. Rex
Anglice & Francis, & Dominus Hi-
lern'ue, Archiepifcopis^Epifcopis, Ah-
latihus^ Prioribw, Miniftris noftris-
tarn Majorities quam Minoribus, &
quibufcunque all 'is de Terra noflra
Hibernian fidelibus noftris ad quos
Prcefentes Literce pervenerint, Salu¬
tem : QuiaftSx. Nos hcec quae fequun-
tur Ordinanda Duximus & fir.miter
obfervanda, &c. Imprimis, vizt. Vo-
lumus & Rriccipimus quod Sancla Hi-
lernicana Ecclefia Juas Libertates &
Fiber as Confuetudines i/lefas habeat\
eis Libere gaudeat & Utatur.
Item volumus prcecipimus quod, no-
ftra & ipfius TerrceNegotiaprefertim
Major a & Ardua in Confiliis per Pe-
ritosConfiliaros noftros ac Prelates &
Magnates & quofdam de Difcretiori-
bus & Probiorihus Hominibus de par-
tibus vicinis ubi ipfa Concilia teneri
Contigerit propter hoc evocandos, in
Parliament is veroper ipfos Concilia-
ros noflros ac Prrelatos & Proceres
alio/que de terra predida prout Mot
Exegit fecundum JuJliciam Legem
Conjuetudinem & Rationem traden-
tur deducantur & fideliter iimore fa¬
vor e odio aut prretio poji pofitis dif-
cutiantur ac etiam terminentur, &c.
In Cujus Rei Teflimonium has Lit eras
noftras fieri fecimus Patenies Tefle
meipfo ApudWeftminft, 25 dieOdob,
Anno Regni nojlris Anglire 31, Regni
vero Franc ire 18. Nos aut em Or din a-
tiones Voluntates & Prrecepta Prre¬
did; a ac omnia alia & fingula in Lit¬
ter is pr re did is Content a Rata Haberi-
tes & Grata Ea pro nobis & Hccre-
dilus nojlris quantum in nobis eji Ac-
ceptamus, Approbamus, Ratificamus\
& Confirm amus prout Liter re pr re di-
dre rationabiliter tejlanter, In Cujus,
&c. tejl, Reg, apud Weftminft, 26
die Junii.
Fifthly, It is inconfiftent with inconfiftent
the Royalties and Preeminence of a with the Roy-.
altics oi %
Separate and Diftintl Kingdom. That Kingdom,
we are thus a Dill in it Ki, has
been clearly made out before. 3Tis
plain, the Nobility of Ireland are
an Order of Peers clearly Dillinct
from.the Peerage of England, the
M a Pri-
C i64 )
Priviledges of the one, extend not
into the other Kingdom ,• a Lord
ol Ireland may be Arretted by his
Body in England^nd fo may a Lord
of England in Ireland, whilft their
Perfons remain Sacred in their re-
fpebtive Kingdoms : A Voyage Roy¬
al may be made into Ireland^ as the
Year-Book, n Hen.4.17T0I.7. and
Lord Cook tells us ; and King John
in the 12th year of his Reign of
England, made a Voyage Royal into
Ireland; and all his Tenants in
Chief, which did not attend him
in that Voyage, did pay him Efcu-
agey at the Rate of Two Marks
for every Knights Fee ; which was
impoled fuper Pralatis & Baroni~
bus pro Paffagio Regis in Hibernians
appears by the Pipe-Roll, Scutag,
12 Johannis Regis in Scaceario Angl.
Which lhews that we are a Com-
pleat Kingdom within our felves,
and not little better than a Province,
as fome are fo Extravagant as to
Attert ,• none of the Properties of
a Roman Province agreeing in the
leaft with our Conttitution. ;Tis
Refolved in Sit Richard Pemlrouglh
Cafe in the 44th of Edw.111. That
Sir Richard might lawfully refufe
the
C j
the King, to ferve him as his Depu¬
ty in Ireland, and. that the King
could not Compel him thereto, for
that were to Banijh him into another
Kingdom j which is againft Magna
Charta, Chap.29. Nay, even tho'
Sir Richard had great Tenures from
the King, pro jervitio Impenfo &
Impendendo, for that was laid mud
be underftood within the Realm of
England, Cooks 2d Inft.pag.47. And
in Pilkingtotfs Cafe aforemention'dj
Fortefcue declared, That the Land
of Ireland is and at all times hath
been a Dominion Separate and Divi¬
ded from England. How then can
the Realms of England and Ireland,\
being Dijlintl Kingdoms and Separate
Dominions, be imagined to have any
Superiority or Jurifdittion the one
over the other. 'Tisablurd to fan¬
cy that Kingdoms are Separate and
Diftincl meeriy from the Geographi¬
cal Diftinftion of Territories. King¬
doms become Dijlinft by Dijlinct
J ur if diet ions, and Authorities Le-
gitlative and Executive; and as
Rex efl qui Regem non hahet, fo Reg-
nam ejl quod alio non Subjicitur Reg¬
no ; A Kingdom can have no Su-
pream ; 'tis in it felf Supream with-
M 3 m
( 166 )
in it felf, and muft have all Jurifdi-
diionS, Authorities andPraeminen-
cies to the Royal State of a King¬
dom belonging, or elfe 'tis none :
And that Ireland has all thefe, is
declared in the Irilh Stat. 33 Hen.
VIII; c. i. The chief of theie moll
certainly is, the Power of Making
and Abrogating its own Lawsy and
being bound only by lixch to which
the Community have given their
Confent.
V:' :• r ' .* ' 4 * * i' * ' ''' - •' ' ~
Again ft the ^ Sixthly, It isagainjl the Kings
gatlve.1 rer°" Prerogative, that the Parliament of
England fhould have any Co-ordi¬
nate Power with Him, to introduce
New Laws, or Repeal Old Laws
Eftabiiflied in Ireland. By theCon-
ftitution of Ireland under Poynings
Act, the King's Prerogative in the
Legiflature is advanced to a much
higher Pitch than ever was Chal¬
lenged by the Kings in England,
and the Parliament of Ireland itmds
aimoft on the fame bottom as the
King does in England • I lay aimoft
011 the lame Bottom,* for the Irilh
Parliament have not only a Nega¬
tive Pete (as the King has in Eng¬
land) to whatever Laws the King
i; . and
and his Privy Councils of both or
either Kingdom, fhall lay before
them ; but have alio a Liberty of
Proofing to the King and his Privy
Council here, fuch Laws as the
Parliament of Ireland think expedi¬
ent to be pafs'd. Which Laws being
thus Propoied to the King, and put
into form, and Tranfmitted to the
Parliament here, according to
Poyning's Act, mufl: be Pafs'd or
Rejected in the very Wordi, even
to a Tittle, as they are laid before
our Parliament, we cannot alter the
leaft Iota. If therefore the Legifla-
tare of Ireland itand on this Foot,
in relation to the King, and to the
Parliament of Ireland• and the
Parliament of England do Remove
it from this Bottom, and Allume
it to themfelves, ■ where the Kings
Prerogative is much Narrower, and
as it were Reverfed, (for there the
King has only a Negative Vote) I
humbly conceive 'tis an Incroach-
ment on the Kings Prerogative: But
this I am lure, the Parliament of
England will be always very Ten¬
der of, and His Majefty will be
very loth to have fuch a Precious
Jewel of his Crown handled rufly.
M 4 The
The Happmefs of our Conftitu-
itb
tions depending on a Right Tem- die!
peramenc between the Kings and the 4$
Peoples Rights. 0!
ttac
0[
former6 Ages. °f'firmer 4&es- Wherein can it
appear, that any Statute made in
England, was at any time fince the ^
Reign of Henry the Third, allowed Mtty
and put in pSadtice in the Realm of \M
Ireland, without the Authority of keif
the Parliament ofIreland.ls it not ma- [if
nifeftby what foregoes, that from of Ir
the Twentieth of King Henry Ms
the Third, to the Thirteenth of il
Edward the Secohd, and from thence lisi
to the Eighteenth of Henry the orw]
Sixth, and from thence; to tlieThir- Im
ty-Second of Retry the Sixth, and kl
frdih thehce, id the Eighth of Ed- (tty
Ward the Fotnthy ' &hd fromtfreftcc* II
to the Tenth of HA rp the feveiith, ifl
there was l^ecial dare taken to In- kit
troduce the Statutes of England\ taj
f fhch of them ds were neCeffary or orPn
convenient for this Kingdom ) by kj&
"degrees, and always with Al- loir
lowance, and.GAfent of the Parlia- W
went and People of Ireland; And
iincc the General Allowance^ of all iy
■1 the
- f
die Englilh A&s and Statutes in
the Tenth of Henry the Seventh,
there have feveral A&s of Parlia¬
ment, which were made in England
in the Reigns of all the Kings from
that Time, Succeffively to thie¬
very Day, been particularly Re-
ceiv'd by Parliament in Ireland\ and
ib they become of force here, and
not by reafon of any General Com-
prehenfrve words, as lomc Men have
lately fancied. For if by General
Comprebenfive Words, the Kingdom
of Ireland could be bound by the
A&s of Parliament of England\
what needed all the former Recep¬
tions in the Parliament of Irelandi
or what ufe mil there be of the Par¬
liament of Ireland at anytime> If
the Religion, Lives, Liberties, For-
tiine&i and Eftates of the Clergy,
Nobility* and Gbntty of Ireland*
may be diipos'd of, without their
Privity and Confent, what Benefit
have they of any Laws, Liberties*
or Priviledges granted unto them
by the Crown of England > I am
loth to give their Condition an
hard Name ; but I have no other
Notion of Slavery * but being Bound
by d Law to which I do not Confent. i
Eighth-
Agajnft the Eighthly, ?Tis againfl: feveral
judgcs!l0B 01 Refolutions of the Learned Judges,
of former times in the very Point
in Queftion. This is manifeft from
what foregoes in the Cale of the
Merchants of Water ford, Pilking-
tons Cafe, Prior of Lanthonys
Cafe, &c. But I iliall not here in-
large farther thereon.
Ninthly, The Obligation of all
Deftroys Pro- Laws having the fame Foundation,
pcrtv, w may Jmp0fccl
without Conjent, any Other Law
whatever, may be Impofed on us
Without our Confent. This will
naturally introduce faxing us with-
out our Confent; and this as necel-
farily deftroys our . Property, -. I
have no other Notion of Property,
but a Power pf Difpofing my Goods
as I pleafe, and ) not as another
lhall Command Whatever ano¬
ther may Rightfully take from me
without my. Confent, I have certain¬
ly no Property ■> in. To fax me
Without Confent, is little better, if
at all, than down-right Roblirig me.
I am fure the Great Patriots ot Li¬
berty and Property, the. Free Pea-
C x7* )
Pie of England^ cannot think of
fiich a thing, but with Abhorrence,
Lallly, The People of Ire- ££*esCotN
land are left by this DoCtrine
in the Greateil Confufton and Un¬
certainty Imaginable. We are cer¬
tainly bound to Obey the Supream
Authority over us • and yet hereby
we are not permitted to know Who*
or What the fame is; whether the
Parliament of England, or that of
Ireland, or Both; And in what
Cafes the One7 and in what the
Other: Which Uncertainty is or
may be made a Pretence at any
time for Difobedience. It is not im-
poflible but the Different Legifla-
tures we are fubjett to, may En-
ad: Different, or Contrary Sancti¬
ons : Which of thefe mult we
obey ?
To conclude all, I think it high- "to
ly Inconvenient for England to Afjume Afliime this
this Authority over the Kingdom of Pow#r-
Ireland: I believe there Will need
no great Arguments to convince
the Wife Alterably- of Englifli Se¬
nators, how inconvenient it may be
to England) to do that which may
make
1
C m
make the Lords and People of Ire¬
land think that they are not Well
Ufedy and may drive them into
Dijcontent. The Laws and Liber¬
ties of England were granted above
five hundred years ago to the Peo¬
ple of Ireland, upon their Submil-
iions to the Crown of England\
with a Defign to make them Eafie
tp England, and to keep them in
the Allegiance of the King of Eng¬
land. How Confiftent it may be
with True Policy, to do that which
the People of Ireland may think is
an Invafion of their Rights and Li¬
berties, I do moll humbly iubmit
to the Parliament of England to
Confider. They are Men of Great
Wifdom, Honour, and jfujlice: and
know how to prevent all future In-
conveniencies. We have heard Great
Out-cries, and defervedly, on Brea-
king the Editt of Nantes, and other
Stipulations ; How far the Break¬
ing our Conftitution, which has
been of Five Hundred years Hand¬
ing, exceeds that, I leave the World
to judge. It may perhaps be urg'd,
That 'tis convenient for the State of
England, that the Supream Council
thereof Ihould make their Jurifdi-
C *73 5
dion as Large as they can. But
With Submillion, I conceive that
if this Ajfumed Power be not Jufl,
it cannot be convenient for the
State. What Cicero fays in his Of¬
fices, Nihil eft Utile, nifi idem fit
Hone ft um, is moft certainly true.
Nor do I think, that 'tis any wile
neceffary to the Good of England to
Affert this High Jurildi&ion over
Ireland. For fince the Statutes of
this Kingdom are made with fuel*
Caution, and in fuch Form, as is
prefcribed by Poyning's Act iqHj.
and by the 3d and 4th of Phil. and
Mar. and whileft Ireland is in Ed-
glijh hands, I do not fee how 'tis
poffible for the Parliament of Ire¬
land to do any thing that can be in
the leaft prejudicial to England.
But on the other hand, If England
affume a Jurif diet ion over Ireland,
whereby they think their Rights
and Liberties are taken away; that
their Parliaments are rendred meerly
nugatory, and that their Lives and
Fortunes Depend on the Will of a
Legijlature wherein they are not
Parties; there may be ill Confe-
quences of this. Advancingthe Pow¬
er of the Parliament of England, by
breaking
( '74)
breaking the Rights of an other, may
in time have ill Etfedts.
The Rights of Parliament ihould
be preferved Sacred and Inviolable,
wherever they are found. This
kind of Government, once fo Uni-
verfal ail over Europe, is now al-
moft Vanifbed&om amongft the
Nations thereof.Our Kings Domini¬
ons are the only Supporters of this
noble Gothick Conftitution, fave on¬
ly what little remains may be found
thereof in Poland. We ihould not
therefor e make fo light of that fort
of Legiflature, and as it were Abo-
liih it in One Kingdom of the
Three, wherein it appears ; but ra¬
ther Cherilh and Encourage it
wherever we meet it.
F I N I S.