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. " j 4/ iHOf * . /l/cyy) tl^SKs 1 jfuJ^t^rjLy y^lt- C_^ JhsA f^JtA ' ^-Kfr z/! fyh «-^- ^tt«> 'U fihus9±t~ ' ■ « -/■ .'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- 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 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 £ 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 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 « . * 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 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) 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 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 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^ 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 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 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 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 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 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 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 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 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. 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. . :, 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 hatfo- 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 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 ( 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 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, 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 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 yf^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,. pag.6j. But it being only a Gene¬ ral Tradition, that there as 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 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* he 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 °*' 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, '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 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 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, ( 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 ) 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 ( ) 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- 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 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- 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.