THE EPISTLE Dedicatory, ' By way of P To the Modern Englifli lity, Gentryand ant Inhabitants-of Ireland. Right Honourable, Honourable, &c. li Lthough you are far the leaf in Numyou are yet to be efleeme as the much more conßderable part of the Inhabi¬ tants of that Countryin of your 'Power, and the Authority which you bear there. 'Tis true, that upon the firß SubduBion of the Irifii Na- À % tifjii to the Englifh government, tlx Laws and Libertiesoj Enghjhnen were granted unto equally the Colony of the Old Englifh that wtre planted among hut as thy were a people that had been always us dto a Jort of wild and barbarous way of Living, they did not embrace the more Civilized and Manners of the Englifh, but for the mofl part kept toff from uniting and joining with them the Management of the , which by the Concejfions made to , they might freely have acted in • yet they con¬ tinued as a feparate and , fway'd and influenced by their own petty Trinces or Chiefs of , even to the breaking out into frequent In- furreBions and Rebellions the Englifh (government; which therefore continued all along to be chiefly admi- niflred Dedicatory. niflred by the Inhabit ants the Ebg- liih Tale : And this ft ate the Affairs of Ireland c deformation of Religiofrom whence fprung Jucha TgVolut as produced a great Change in the of the publickAffairs there: For after the Information had obtain'd Eng¬ land, the Ancient Englith Ireland did generally remain of the Roman Communion, and when 'twas found dangerous to continue them in the Execution of publick they alfo as well as the Irifli of the fame Religion, were in of Time, by the Influence and Authority of England, utterly dijabled from abfing any thing in the Government of the Stateand Tis in their rooms that you have flnce and are therefore look'd upon and treated by England as the governing part, and A } effective r The Epiftle effective 'Body of the Kingdom of Ireland. But when 1 came to conßder Mr, Molyneux'j Book1 thought it Very flrange, that he who defign'd /0 • borate a piece in your yet give you no fironger a Title to the preheminence which you bear that Country, than what would Volve upon you from thofe which were anciently made to the "Ha* tive Irifh and Old Englifli; which, as he would per J wade us, did amount to no lejs than the them upon the Foundation of an Kingdom, dißmSl and feparate from the Kingdom of England, and wholly Independent thereon; the Conference of which, if it had been fo, would have ßood you in Very ill ßeaj, for as you cannot make any pretenfions to juch Concejßons, becaufe you are not — 7— Dedicatory. not (generally fpeaking) from either of thoje people, but their ew in in id to his Arguments; Fiift, 7 Hen- itshjtft ry the Second, having fubdud Ire- 0iijitn land by the means of an EngliQi i Army, The EpiftJe jirmy, that Country came to be an¬ nex d to the Imperial , or King¬ dom of England, but not to the Jon of King Henry, any propriety from the Kingdom. Second¬ ly, That the Subduing of Ireland by the people of England, under the Con¬ duct of their l\ing Henry the Se¬ cond, was then ef Con* queff and is much more to be account* ed jo, than .William the fi'fi's fttionof the Crown of England, and that Ireland "ft 'Mthereby moß cer¬ tainly brought under the Jurifiiclion of the (Parliamentary Authority of England. Thirdly, That Kfng Henry's 'Defcent upon Ireland was a fuß Undertaking, and that the ttre fubmifftoa of the People to the Government of England, their ceiving its Laws, and being endow'd in all the privdedges of Englilhmen, made Dedicatory. " made them become a Member ,and aw l,0|^ nexdto the Englifh Empire, '[f" England ajutl Title to ^ petual JartjdiBktn them. Fourth- ; iy, That all the many Conceffions made Ireland! t0 [rela,n(J} empowering them to hold Mr tin In: fparliamsnts, &c. can be under food no ^ other wife,than that theyfhould be enabled Intal» t(j devife an land was wholly and leparately vefted in King Jbeing abfo- lutely granted unto him without any Relervation. And he being created King in the Parliament at Oxford, under the Style and Title of Lord of Ireland, enjoy'd all manner of Kingly Jurifdiftion, Preheminence and Authority Roy¬ al, belonging to the Imperial State and Majefty of a King, as are the exprefs words of the Statute, H.8. cap. 1. 1 muß confefs, that I behevd that this Statute had been as exprefs in the matter as he de» liters it, but 'tis Jo far from it, that there is no mention made John, or er bis Grant in it: The words of the AEl are,Forafmuch as the King our moil gracious Sovereign Lord, and his Graces moil noble Pro* genitors, Kings of England, have a been Lords of this Land of |ji land, having all manner of Kingly it Jurildidion, Power, Prehemi- : beg nencies, and Authority Royal, be- iffi longing or appertaining to the lei Royal Eftate and Majefty of a ijoy King, by the Names of Lord of Ireland. We deny , that King Henry the Eighth's progenitors, the Kings of England, bad this Poyal, Sovereign Authority over Ireland £ hut bis hfinuation, that John bad it before be was King of England is plainly falje, and not warrantable by this Statute. Again, be mightily upon the World, in averting, That before the b a Year Year there was no Sta¬ tute made in introdu&o- P- 99* ry of a New Law, but thole which he had before-mentioned: jind though while J am dealing with Mr. Molyneux, 1 confine my [elf to mention no Authorities but his yet I "trill here pref for a proof of his Ignorance or Di{ingenuity, to name fome other old Acls binding Ireland, which have been imparted to me by a very Learned and gentleman of our HoufeofCommons, whofe « dit 1 can relye on, without troubling my felf to fear the Records • and J doubt not but Mr. Attwood hath been much fuller this particular, though 1 deny my felf the reading his iBook till my own be perfected. The Statute of York, 12 Ed. 1 EnaSls Laws to be obferVed Eng¬ land and Ireland 5 »1 Ed. cap. 3. 'Pro* no Sti Dedicatory. odiA Prohibits any Cloaths be brought ffltM to England, Ireland, Wales, and fltiori Scotland, (/or we then a Do* minion over Scotland but fach «jjüjl as Were made in the King's i obi, j ons, upon pain of Forfeiture; z 7 Ed. 3. mfijl Erects Staple'Towns in Ireland ; 34 mjt E. 3. cap. 17. that Mer- dyliii chants, Aliens or Denizens, may come tljti into Ireland with their , tiitlmr, and freely return; 43 Ed. 3. cap. 1. »fc)/(C« The Staples of Ireland, Csrc. /hall be t ttrf kept at the places where they were firfi nth) £ ordain d; 1 Hen. 6. cap. 3. flood ll that the Irilh, that have 'Benefices or ijwrtioi Offices in Ireland, abide there, irtdi'i uPon Bhevr'Benefices and , upon M Bx pain of forfeiting the Profits of their Benefices and fiiiiEn! fence °f Ireland, and mentions the like I jjpi Law made the ill. of Hen. 5th. tjI From thefe and many other infiancesy b 3 it Dedicatory. Efiat es allotted them by Virtue of EngliiL AfL of P ; and 'tis provided, that if they be obliged to refiore any of thofe Lands to In* nocents, they jhould be firfi to the full Value out of other forfeit¬ ed Lands. What more could be , to fhew the utmofi regard to Enolifh Acts of Ì 'Tis O J true indeed, that the Act of tion retrenches one Third of the „ - ments made to the Adventurers; but this could not be confirued cos any Preach upon the Engliih Vets, for if they had taken a greater than the Lands that remain'd for feited ivould amount to, 'twas but reafonable to re* duce them toajufl proportion : So that here again Mr. Molyneux hath evi¬ dently firaind this Suggefiion beyond the Truth of the Facl. I have , remark'd tbefe things at large in their b 4 places, Dedicatory^ Slufi. t hat many of that not "jHiJ f0 far apprized of the as • "ffofffljl- tingly to Deftgn the doing any thing. fogtkti that ßmld give an Offence to hngknd : tet 1 can affure y wt»hi), from tpe ConVer/ation 1 have had with Jeveral of the Members of our Wf'lklj of Commons, that although they had not Leijure to proceed further upon Ml this Hufinefs in their laß 'tlftmii ' tishowever Very probable that it may ifkk he taken into Confideration again by i n| ti the enfuing o J <5 J W their own Inttrefi; nay, we find that òrill' they are too apt to be prejudiced againff WJuch who endeavour to convince them M C® 0f [fair Miftafos; and as we objerve ttlti' tba{ particular Terfons are JubjcB to ney-Mi: prevailing Inclinations, fo alfo there Ifrrnj Are Habits and Difpofitions, that are inJome meafure peculiar to c Coun* The Epiftle !,KS: afar greater degree than can :l1' ^ ced in a Country where the (people enjoy j r* a more equal fhare of Liberty: Is it not t fjtiti redfonable then to , that the '!i h bit ants of Juch a Colony may be naturally ;A; (fent'roitSy Ho j pit able. Free of Conner* to! a fation, and of Courqg and Fold Spb- m rtts• Lhefeare V, which every fhiictà di if 1 have been able to offer any thin? that may convince you, that *tis your undoubted lntereft utterly to abandon the Thouohts or Deßres of btinz looked up- o> I # * on by the Parliamentary Authority of England, to be a People wholly exempt from their fur if diction : And as 1 know my Name is too inconfi der able to add any Authority to the Argument, I hops I may be excused in concealing it from the Odium of fuch7 who may not difcern the fincerity of my Intentions towards yott in this Effay \ and yet 1 will not doubt, but there are others who will believe me to be7 as 1 am refolv d upon all Occafions to the tit mo ß of my Capacity, to render my ft if, Right Honourable, Honourable, &c. Jour (Rjal Friend, Very Humble Servant. ) choofing an Argument of fo dange¬ rous a Confequence, than by his lu- perficial, confus'd and miflaKen way of managing it, the ftrength of any reafbning that ho hath offer'd, being much more applicable to the Native Info, with whom the Original Con¬ tract ( if there were any fiich ) mult have been made, than to the Brittiß Proteftanrs inhabiting among them. But it is tö be confidered, that the Political State of Ireland hath fuffer- ed very confiderable Alterations fince the firft poffeffion of it by the Eng- lifb ; for though that firft Sabmiffi- on of the Irifh was fo univerfal, as that the Ettgliß poffefsM themfelves of moft of the confiderable Towns, and fettled far and wide in the Ifland, yet in after times, through the de¬ letion of the Irißy and the mixing and uniting of many of the Old Eng- lifo with them, that part which re¬ mained intirely under the Engliß Obedience, came to be confined to a Narrow Compaß, perhaps not above four or five Counties, which was till very lately diftinguifht by the fo äi" th'.* Name of the and Wbis; the far greater part of the Country ™n remain'd under many petty Domi¬ ni oft nions, poffels'd by the Lords and M,l# great Men, who paid but very little Ms Obedience to the Government of iginatO landbut on the contrary, fome or U)tocher of them were almoft condnu- tk k ally giving difturbance to the Eng- Jongtt.tijb Government that was fettled i, tlit there, by which means they were MiMfhut out from having to do with the mmkEnglißt in the Tranlàòting of the iji tieiiPublick Affairs of the Country ; and fSuhlthe Redudion of them never came mil,to any tolerable Perfection, till fo Welilately as the Reign of Queen Eiiza- abk Toibtth; fo that indeed thofe Ancient ntfte KkParliaments, and other Managements ]gh tit of the Publick Affairs there, which the «Mr. Molyneux mentions, did fcarcely |,e OH tope rate further than among the - t wfodi&jw Settlements, which, as I laid before, rhe {»extended but to a fmall part of the rfdìfland. ■rips I ' There was yet another great Oc- 'tje jrcafion which made a very confide- nJ| rable alteration in the Adminiftra- 6 ! B % tion rion of the Government of that Country, and that was the Change of Religion ; for after the -.Reforma¬ tion came to be throughly eftablifht, and the Roman Catholicks were found to be continually defigning againlt it, ail of that Religion were excluded from having to do in Pub- lick Managements ; and this fhut out not only the Native lrifh, but even the Old Engl/fh, who moftly continued under that Profeflion. But Mr. Molymux takes no Notice of the Diftinctions that ought to be made of thefe different Intereffs, but that he may carry on his Point, blends and confounds them all together ; as if they were to be confidered alike, as one intire People, effablifhc and con- tinuinuing upon the fame bottom of Government. If then due Regard be had to thefè and other Diftinftions, which muff be oblerv d upon his way of Arguing, I believe it will be found, that this doughty piece of lrijh Learn¬ ing will appear but a very indiffe¬ rent performance. I would not however detract from any It Ott [5] heCk any thing that may deferve applaufe, e^| and therefore muft commend his f Mi fmooth way of Expreffion, and own olicki him to be a good Mailer of Words, y lefiji but yet to have applyed them fo iii, eligiont will Hill continue him under the doinf. Cenfure of being much wanting ei- id this;. ther iq Integrity or Judgment, and PC Ir/jl, makes this Book of his to deferve no who 1 better a Charadter than that of Vox Äöflj & praterea nihil I have heard in- Notice (ft deed, that fòme have been taken with rofemi the Teeming Modefty and SubmifIL - fe, butà on with which he introduces his oiot,hi Difcourfe, as if it were but an inno- agakti'cent reprefentatiori of the ancient Mai Rights and Liberties of the People IM« of Ireland, and a juft Remonftrance ie bottd of fome Encroachments and Invafi- ieRegaii ons made upon them by the Govern- Ditt ment of England; but if it fhall ap- jponhis« pear, that the Kingdom of England Titeln hath a certain Jurifdidhon over them, UrijjjU and that it hath never treated them ^ inl other wife than according to the Rules of Juftice, and with Tuch a due Po detraflli' Hey as becomes every Supream Au- ; thority to Exercife over all the Mem- B g bers / bers or its Empire, for the Confer- vation of Peace and Tranquility to the whole, and in that have not ex¬ ceeded rhe Bounds of a reafonable-and juft Dominion ; that part of the Em¬ pire that fhall endeavour to with¬ draw themfelves from the Subje&i- on which they juftly owe to^heSu-1 pream Government, that hath al¬ ways protected and defended them, and fhall challenge to themfelves Im. munities and Privileges, which ne¬ ver were or could be granted them, without prejudice and injury to the greater Body of the Government, de- lòrve not to be confidered as Af- fertors of their own Rights, but rather as Invaders of the lawful Au¬ thority which God hath placed over them; and certainly it mud rather be Matter of Contempt and Derifi- on, than of Commendation, to fee a Man treat his Superiour withaftrain of Fine, Smooth, Gentle Words, and Fawning Complements, upon a Sub- jedt that is altogether impofing and odious to him. Thus much I thought requifite to premife, and fo fliali pro- ceed to the Examination of his Dif- courfe. In which I intend to take Notice only of fuch matters as I fbali think moil Obfèrvable. In his Dedication to the King, he Humbly implores the Continuance of his Majeßies Graces to them,by protecting and defending thofe Rights and Liberties which they have enjofd under the Crown of England for above 500 Tears, and which fome of late do endeavour to vio¬ late. His moß Excellent Majefiy is the Common Indulgent Father of all his Countries, and hath an equal regard to the Birth, rights of all his Children \ and will not permit the Eideß, bee aufe the firongefl, to encroach upon the Poffejfi- ons of tht Tounger. Here it fhould be Noted, that by the Crown of England he muft in¬ tend the Kings of England, as diftln£t from the Kingdom, ( although I think this a very improper way of Ex- predion ) which is evident from his Simile of the Eldeft and Youngeft Child, as well as by the whole De- fign of his Argument ; and this per¬ haps might have Terv'd the turn in B 4 making the Forfeitures or Grants, nor folici- tous whether the Bifhop or Society of Derry recover the Lands they contefl about. I believe feven Eighths of thofe Gentlemen of Ireland, that have been {b bufie in foliciting againft the Woollen Manufa&ury Bill, might make as fair a Proteftation as this, and yet it feems they thought themfelves concerned in the Con- fequence of that Matter ; but his Reach in this, is to fhew his Diflike of the Parliament of England's medling with the Rufinefs of the Forfeited Eftates, as well as the reft. He lays, 9Tis a Publick Principle that hath mov*d him to this Undertake- ing ; he thinks his Caufe good3 and his Country concerned ; 'tis hard if they may not complain, when they think they are hurt, and give Reafons with all Mo- de fly and Submiffion : The Great and Jufi Council of England freely allow fuch Addreffes; to receive and hear Grievances is a great part of their Bit- flnefsy and to redrt fs them their chief Glory, Glory, but that's not to be done till they are laid before them, and fairly fated for their Confideration. 'Tis yet but a Private Principle, to become an Advocate for a part a- gainft the Whole; his Name fhews him to be of Engliflj Extraction, and I know none ot his Neighbours un¬ der that Circumftance, who don't reckon it a Privilege, that they may ftill own Old England to be their Country, and be owned by her, though they are permitted to live in Ireland if they pleafe ; what if they are not hurt, and the nature of their Complaint be fuch, as that it cannot be thought to be within the Bounds of Modefty and Submiffion ? how could he be lb fond of his ProjeCt, as to imagine that the Parliament of England would freely allow fuch an Addreß, which impeaches their own juft Authority ? They will never think the publilLing a Book to the World, which is little better than Sheba's Trumpet of Rebellion, to be a fair way of Bating Grievances; but that 'tis a part of their Bufinefs and their Glory, when they think it worth their while, to call fuch Authors to account for their Bold- nefs. I begin now with his Book, which as near as poilible I (halt follow in order, and for the Authorities which he hath quoted, I fhall leave them to him very little difturb'd, bat take them as he gives them, whether they are right or wrong, only making fuch Obfervations as may refult there¬ from, or from his own Reaforiings. He begins with a very fine Com¬ plement again to the Parliament of England, and then takes upon him to give them Due Information in mat- Page 2. ters wherein ( as he fays) another People are chiefly concern d ; and tells them, that he could never imagine that fuch great Affertors of their own) could ever think of making the leafl breach upon the Rights and Liberties of their Neighbours, nnlefs they thought that they had Right fò to do ; and that they might well fur wife, if thefe Neighbours did not expoflulate the matter, and this thereforey feeing all others are filent, he under- undertakes to do, ( but with the greattfl ? tit deferrtnce imaginable ) becaufe he would a'l fu: not be wanting to his Country, or indeed 1[ M to all Mankind, for he argues the caufe of the whole Race of Adam, Liberty k, win; feemìng the Inherent Plight of all Man* Am i; kind. ieswkii Now it feems, from Children of the verlies fame Parent, we are become another bat rat People and Neighbours; the lrifb thrift may be faid to be another People, mafci^ though they have not been very tiMfjt good Neighbours to us fometimes ; mgs, but the Englifh we may juftly chai¬ rs lenge to be our own, and not ano- lent of ther People ; and wefhall hardly ad- mit them to be our Neighbours in fuch a fenfe, as that we fhould tranf1 gfa a£b with them in Matters of Go- mdtelj vernment, upon the fame toot, and mttk ac equal diftance with our Neigh- M (M| bours of trance, Holland, &c. If they fU expeQ this from us, I hope they'll fhew us the refpe£l of fending their jyji Ambaffadours to us, and do this rkA Champion of their Liberties the Ho- ■M$j nour to let him be the firft. Can he think the Parliament of England h, 4 'wil1 iä will believe themfelves to be civilly treated by him, becaufè of his fine Words, when he is Suggefting to the World as if they afled fo unad- vifedly in their Councils, as to pro* ceed upon Surmifes, and to take upon them to do what they do but think they have a Right to, when indeed they have none at all. But doubt- lefs Mankind will ever have a higher Veneration for thole Auguft Allem* blies, than to think them as fubje£t to be miftaken in thefe Matters, as one prefuming fingle Gentleman: But he argues for Liberty, the right ef aII Mankind: A Glorious Topick indeed, and worthy of the utmoft Re¬ gard, elpeciaily from fuch great Af¬ tertors of it as an Engl/fh Parliament: But it' People Ihould ask for more than ever was their Due, and chal¬ lenge a Liberty of afting every thing they fliould think for their own pro¬ fit, though it were to the Damage and Injury of others; to grant this would be an Injuftice, and a finful Liberty may as well be pleaded for; tùch Exportulations as thete arc abo¬ minable, ^ecivillj minable, and to aflume fuch an ' f k equality with our Superiours as was ©tagt never granted us, is an Arrogance W lo unai that might rather have been expeöed Mstopri from an lri(h than an Engliflj Man. totakcupoi And after all this, 'tis not enough for to but Hi a Man to fay, If the great Council v'tan infa ^England rtjolve the contrary, heßall But doub then believe himfelf to be in an Errory tveahigk and with the lotvtft Submiffion ask Par- flgli Affen don for his Affurance ; and he hopes he •tiättliibjel ßall not be hardly cenfured by them, when le Matters, s at the fame time he declares his Inten- Gmlcm tion of a fubmiffive Acquitfcence in what- rty tit tip ever they rejolve for or again ft : Such rious Topici Subjects as thefe ( as I have faid be- km< fore) are beyond the Bounds ofMo- luchgreat A( defty, and cannot admit of any fuch i Parliament Apologies. isk for raoi: He comes now to tell us, the Sub- lie andcki of his Difquißtion ßall bey how far o every tliir. the Parliament of England may think ieir OWfl pit ** Waftwable to intermeddle with the lie DaiM Affairs of Ireland, and bind up thofe •Qoranttl ^^ple by Laws made in their Houfe. and a (inlii This is certainly a very odd fta- plcadd for tlt]S Qu efticnf : What need has gCeaKi he now to enquire, fince he knows mi' alread3' p. 6. p. 8. already, how far the Parliament of England have thought it reafònable to intermeddle ? Another Blunder as bad as this, is his Talking of Laws made in their Houfe: Doth he not know, that our Laws are not made without the Concurrence of Two Houfes, and the Aflent of the King alfo, as the Third Eftate ? But we will take his Meaning to be, to en¬ quire how far it may be reafonable lor the Parliament of England to in¬ termeddle, &c. and join Iffue upon that. Next he gives us fix Heads, from which he undertakes to argue, that they can have no fuch power. For the Eirft, He pretends to give us the Hiftory of the firft Expedition of the Englifbinto , his De- fign being to fhew, 7bat the firfl Adventurers rvent over thither (yet with the King's Licenle ) upon a pri¬ vate Undertaking, in which they were fuccefsful; hut that , when Kjng Henry the 2d. came over with an Army, the Irifll generally fubmitted to himy and received him to he their /? k it iwfooil a t J Kjngy without making any , from* whence he leems to fuggeft that Ireland fubjeffed it felf only to the Kjngy but not to the Kjngdom of Eng¬ land. But he fhould have confider- are not nit ecj^ tjiat c(le Government of England ® 011 was a limited Monarchy, which was ' ; ■ ® fufficiently acknowledg'd, even by at Bun William the iß. (commonly call'd tote i°i the Conqueror) in his Swearing to -ifflioitt prefèrve the Liberties and Privileges ujWtoi of the People at his Coronation, and join lit tin confirming the fame to them by his Charter 5 and though he did indeed iHalsyiiafterwards violate them in a greater )argue, tùs meafure than ever they had been be- ym, fore or fince, yet neither he nor his «ràstoijSucceflbrs did ever take upon them- irli fixpedis felves to be abfolute Monarchs: The W, bis,1 great Power and Prerogative of an lkifcfEnglifh King then, can only be due timber (jto them as to the Supream Magi- ife)»p«ffrate and Head of the Kingdom, and rkli /I*/«not in any feperate propriety annexe ■avulsy«to their Perfons, as diftinft from the tmt «Common-Wealth. If then Henry the jiisSecond carried over an Army of £ng- „ (»leil lifh into Ireland, it ought to be con- I{, C fidered p. 12. ' I fidered as the Army of the King¬ dom ; for it is held as a Principle With us, that no King of England may raife any Forces in this Kingdom, but what are allow'd to be the Forces of the Kingdom. I am not here arguing whether ever any King did or did not take upon him fuch an Autho¬ rity, but 'tis fufficient for me to of¬ fer, that he could not by right, and according to this Authors own way of arguing, what may not be done ot Right ought not to be argued, or brought into Prefident; if our Rights have at at any time been invaded and ufurp'd upon, this Nation hath had many Opportunities of Vindica¬ ting them, and we do not believe that what we enjoy at this day have been gain'd or Extorted from the Ancient Authority or Juft Preroga¬ tives of the Crown, but that they are due to us from the firft Confti- tution and Time immemorial, and that fuch Violations which have been made upon our Conftitution, by means of what was call'd the Con- quell or otherwife, have been juftly re- ['9] the Kin «plcvi retr'ev'^; ^ r^at 'n rcfpecl of Mat- uicij| K ters which regard the Right and m, butwi Authority of the Kingdom, we may forces of iuc*ge according to what is vifible, fat and without Controverfie admitted g did n; at this day: The Right and Reafon th an Alii Things ever were, and ever muft for me to* cont'nue to he the fame; according to thefe Principles then, can it ever ami be that any acquifition ob- ,ai, tatn'd in Ireland by an Enghfh Army, under the Conduft of King Henry appru°priaCed I ;ji to the King, diftintt from the King- , dom ? We do indeed frequently find 1Ui , in Hillory, and we practice it no lels f'J l,iri our Common Difcourfe, that the '{'Name of the King is us'd by way of ' Eminency, to fignifie things done un- (W W der his Authority and Conduit as :) ';Head and Chief, when it is never ,|fl'intended to be applyed to his Per- Ton ; for if I fhould fay, the King of .England took Namn in fight of the 'I'ichlFrench Army, every Body would inllitllM) hnow that I meant the Confederate ill'd ® f Army, under the Conduit of King nt ta f William took it : In like manner we C % fay, [ 2o] lay, fuch a King made fuch Laws, when indeed the Parliament made them: And if it will but be allow'd, that the biß? fubmitted to King Henry not out of fear to his Perfbn, but for fear of his Army, I can make no doubt but that the Submiffion was made to him as King, and Head of the Kingdom of England, and not as Duke of Normandy. If he fhould lay flrefs upon their Submitting to the King and his Heirs; that can import no more than what the Words us'd at this day, to the King, his Heirs and SuccefTors, do better explain. The Second Argument is to fhew, 1 hit Ireland may not properly be faid to be conquered by Henry the Second, or in any fucceedtng Rebellion. I fhall not difpute with him in how many differing Senfes" the Word may be taken, I will grant to him that Ireland was not Conquered by Henry 2d. in fuch a fènfè as to en- flave the People, or fubjett them to an abfolute Power, and yet for all that, the Word Conqueß ( meaning a forcible gaining ) is much more ap¬ plicable [ 2 I ] plicale to Henry the Second's acqui- !a"iM fition of Ireland, than to William the Jlr Firft's obtaining the Crown of Eng- land; he had a pretence, and came iron>^': not to Conquer but to Vindicate his can mate; Right; he was encouraged to come 7?! over,, abetted and aflifted by a great ™ Number of the People, who hated Ha- raid's Government ; he fought againft hellwuldl tfaroi4 ( who was not generally con- »§ tof fènted to by the People as a Law- iatcanimpc fu[ King) and his Abettors, but not le Words us againft the Body of the People of Eng- % land; he purfu'd not his Vi&ory like a aplà Conqueror, but received the chief of Utofa the People that came to him with (rojtrljkfi Refpecf and Friendfhip ; they chofe iryàfei him for their King, he fwore to con- k!lm It ferve their Laws and Liberties, and in how ffi to govern them as their Lawful Prince, Word to) according to their own Form of Go- grauMol vernmenc. On the other hand, King Cohered Henry had no fuch Pretence of Right life as to I to the Kingdom of Ireland ; his De- bjeft their fcent was a prrfed Invafion ; he was J yet h not calPd in by the People of Ireland, } (peai and his Bufinefs was nothing elfe jcliiiiore than to Conquer and Subdue the piia C J King- ' OD Kingdom : 'Tis true, the People made no Oppofition, but 'twas becaufe his Power was dreadful to them ; what's the difference between yielding to an Invader without fighting, or after the Battel, more than that one fhews want of Courage, the other of Suc- eefs ? but are not both alike to the Gainer, when he hath got his point ? The Irtflj made no Terms for their own Form of Government, but wholly abolifhing their own, they confented to receive the Englifh Laws, and iiibmitted entirely to the Englifii Go¬ vernment, which hath always been efteem'd as one of the greateft Signs of a Conqueft : But if he will be fatisy'd in what fenfe the People of that time underftood it, let him but look again into his Giraldus Cam- brenßs, and fee how he can tranflate the words, Htbtrnia Expugnata; and what's the Meaning of Qui firmiffi- mis, fiidelitatis & fubjeffionis vinculis, Domino Regt tnnodwunt Ì But what may put it out of all doubt, that the Body of the People of Ireland made an intire Submiflion to the Kingdom [>? ] of England^ in the Perfon of King Henry the Second, is his own Quo¬ tations ; Omnes Archiepifcopi, Epi/co- piy & Abbat es totius Hiberni//M in EngLnà which he in fiances : But if (oà People who live in a fettled Common- hj wealth, where the Laws made or contented to by their Anceftors are in force, and Juftice is duely admi- niftred, fihall .take up Arms to Op¬ pugn the Legal Authority plac'd over them, to overturn the Govern- mi ment, and alTume to themfelves Li- )h berties and Priviledges prejudicial to to the Common Good, or to dethrone el a Rightful Prince, who hath go- ft vern'd juftly ; this in its very Nature rl is a Rebellion. I am not ignorant, Pd that all contending Parties pretend pi to [»«] to be in the right, and that they take up Arms juftly, and none will own themfelves Rebels, unlefs they are forc'd to it; but yet 'tis evident that there is a real Right and Wrong in thefe things, and there have been many Inftances in which the Impar¬ tial World could eafily judge where the Right lay. If it be not fo, I leave it to this Gentleman to furnifh the World with fome other good Rea- lòns, why the Old and Anci¬ ent Enghflj have been fo feverely handled in that Kingdom. 8. His Third Inquiry is, What Title , Conquefi gives by the Law of Nature and Re a/on ? Mr. Molyneux hath Ihewn himfelf a good Advocate for the lri/b in what forgoes, but if he had been a General in the lriflj Army, I fee not what more powèrful Arguments he could have chofen, to ftir them up to fight Valiant¬ ly againft the Englifh; than by telling „ them, as in effèfthe doth here, That the firß Invaßon of the Englifh them was altogether unjuß; that Henry the fecorsA was an AgreJJor and Jnfulter,who invaded K C 27 ] that tli invaded their Nation unjuflly^ and rvith Inoncn his Sword at their 7hroats forced them ttthejs into a Submìjjion^ which he cwd never thereby have a Right to ; that Poßeri- p. 22. rong ty can lofe no Benefit by the Oppofition have St which was given by their Anceflors9 P* 24* 1 the Imp which could not extend to deprive them judge of their Efates, Freedoms, and Immu- )t fo, lid nitiesj to which all Mankind have a ) bill: Right ; that there is fcarce one in a p. 20. et good I thouf wd of them, but what are the i and k Progeny of the ancient Englifh and p. Tp. fo (m Brittains ; If the Irifh were Conquered, jjt their Ancestors afflfled in Conquering jfht Jib them, and therefore as they were defcend- rooffta^ from thefe Old Englifh, they could never be fuljugated or brought under bn Mi Modern Englifh. This is the Sub- ^iyftance -of his own Difcourfe, andac- 1 pnaGeii cording to his own Notions of the Freedoms and Immunities to which all ' ■ecomoB Mankind has a Right, he might have told them in confequence, that 'twas their Duty to exert their own Rights 120 here W! anC* liberties, exP£l Englifh out ' of the Nation as Invaders, and make M themfelves and their Pofterity as free ' w as any of the reft of the Sons of Adam. Any 10 ' —- •*—— this G® But to Difpute a little with him is piiblil about this Matter : The End of all ttngtheJn Government is for the Benefit of Man- icy may kind, many Nations have been fub- for whoa dued anc* conquered for their own on'thcfs g°°d» and whoever hath been an iphillty, Invader that way, hath done them k PrA R'ght and not Wrong : So did the infam Romans, Conquer People from under n/njf, the Power of Tyrants and OpprefTors, „1,^1 Barbarifm and Ignorance, to make them Members of the heft and freeft kriPi Government in the World, and to ' 1 Civilize them into good Manners and fIm in it Gfeful Arts ; and thus is Henry thefè- cond's Invafion of to be juftify'd ^ and commended : He began to refcue j i 4 the People from the Oppreffions and . Violences of their own wild Prin- , I ces, and the Blood and Rapine to ' . which they were frequently expos'd, ' " upon every Quarrel and Invafion of Sl| fo many Petty Monaichs, and from 'fwhich in procefs of time they were totally delivered by the Authority of nuch oi England: He gave the People the ipraWt Engiiflj Laws, conflituted Parlia- i'HinJ5 ments, and the Englifh Form of Go- vernmenr, L 3° J vernment, to this, by his own Con- feffion they freely fubmitted, and doubtlefs they were convinced that 'twas for their Good : But no Hiftory tells us, that he ìefèrv'd not the Di¬ rection of the State to EngUnA, and conftant practice all along fhews the contrary. His plaufible Arguments for the Liberty and Right of all Mankind; that Conquefts cann't bind Pofte- ritv, &c* are wholly mifapply'd in this Cafc, and he abufes Mr. Lock, or whoever was the Author of that Excellent Treatife of Government, in referring to that Book on this occa- fion; for that Worthy Gentleman doth thereih argue the Cafe of People whofe juft Rights are viola¬ ted, their Laws fubverted, and the Liberty and Property inherent to them by the Fundamental Laws of Nature, ( which he very accurately defcribes) is invaded and ufurp'd up¬ on, and that when this is as Evident and apparent as the Sun that fhines in a clear day, they may then take the beft • occafion they can find to owqCi attted, i ivinc'd j itnoHii not thet cuts (or i M M ffippl/Ji fs Mr. ù , i ulk« lie Cafe ts are viel ;ed, and I inherent italLaws1 y accurate ufurp'd I : as Evitfc that ft» y then til an MI right themfelves. This is a Doftrine that all good Men may alfent to, but this is in no wife the Cafe of Ireland,; they did as he owns receive ( and 'twas to their own Advantage) the Englilh Laws, and fwear Fealty to the King (that is, to the Govern¬ ment ) of England, and did reciprocally receive from him the Priviledge of being admitted to be free Denizons of England, whereby they evidently gave up themfelves to be incorpo¬ rated into, and become Members of the Englifh Empire ; and to this day they remain to enjoy the Liberties and Priviledges of Freemen of Eng¬ land *, unlefs there happen to be fuch as have forfeited the fame acccording to the Municipal Laws of the Go¬ vernment but he endeavours to evade the poflibility of their Forfeit¬ ing, by fuggefting as if they were to be confidered as a , Con- tefling Nation: And therefore, be unreasonable to put the Municipal Laws of particular Kingdoms in Exe¬ cution between Nation and Nation in the ft ate of Nature. If a Nation that once p. 22. p. 23. C 32 once was diftin£t, confent to imbody itfelf into the Government of another that is more powerful, receive it's Laws, and fubmittoits Conftitution without referve, may they ever af. ter be lookt upon as in the ftate of Nature, or fhall they not rather be efteem'd as a Member of the great- er Body, and be held to obey all fuch Ordinances as are calculated for the Good and Welfare of the Whole ? If after this, without any Breach made upon them on the part of the Great¬ er, they lhall endeavour to withdraw themfelves from the Subje&ion they have fworn to, and fhall take up Arms, and commit Hoftilities upon their Fellow-Subjedis, may not this be called a Rebellion in a fettled Com¬ mon-Wealth ? and have not the Mu¬ nicipal Laws of the whole Empire brought them under the Forfeiture of Life and Eftate ? doth the being feparated at a fmall or greater di- fiance by Sea, (as Illands mult feperate them from continuing Mem¬ bers of the Common-Wealth to which they were once join'd ? If thefe p1 : theie things are to be brought in rg • Queftion, the Englifh of England and ^ Irland both, muft tave much to anfvver for to the Ancient Ir/jb. Yet ^ ¥ I am in no doubt but that the Engltfo ats have lo fairly adminiftred the Go^ vernment, as that they can well ju- e5I5i fiifie themfelves in all the Severities (t0 pi' that they have been torc'd to exer- icolatd; Up0n tile as jyftly drawn ttheWfc upon themfelves by reafon of their mi Rebellion: Have we not always OitheGra oevri'd them to be Freefoen of Eng- rotriùfe landy and allow'd them the fame jetton tk Privileges as EngllHi Men ? have they ill fife (ijflot been permirted to exercile all Offi- ifc^ce^, Ecclefiaflical, Military, or Civil, til] not it with the fame Freedom as Engliih Med On Men ? Iffince the Reformation, the not the I Roman Catholicks have not been fuffer- holelfed to a£t in the Government, have he Forfeits not the Roman Catholicks of England itli the bei been as much relirain'd ? Nay, have greater!not the Injh been much more in^ ds muft kdulgM in the Exercifè of their Reli- noing^gion by Connivance, than thofe of .Wealth England ? Thefe Treatments towards join'd? them, have given no Occafion to this ' k . D Au- Author to trouble himlèlf ft) much, in inquiring into the ftate of Slave¬ ry, and the Terms that Juft or Un- juft Conquerors may or may not ufe, for 'tis not in the Cafe. The Premifes confidered, methinks he fhould grant us that fome of the Difturbances the Irifb have given us, at leaft the Maflacres committed up¬ on their Fellow Subje&s, (of our own Blood) fhould not be reckon'd as fair warring between Nation and Nation; but that they might very well be accounted as Rebellious ; and then why may not our fubduing them, give us the Title of Rightful Conquerors over them ? and if upon fuch delinquencies we had abridg'd their Pofterity in fome of thofe Pri¬ vileges granted to their Anceftors, upon their firft coming in to us in Henry the Second's Time, we had done no more than what he owns Conquerors commonly do : And yet we have not put any fuch hardlhip upon the Pofterity of thole People, for the fault of their Rebellious Fa¬ thers ; I know not that any Irifhman, qunte- üfomi Tt ^ , ittofjjj quatenus an Irilhman, is at this day Pm'j deny'd any of the Privileges that art Englifhraan can challenge ; if he be ; a Delinquent, or a Roman Catholick, £(j ms[j, he is us'd no worfè than all Engfifh- men thar are in the lame Circum- m. „• fiances : If we have flain, executed, , L or banifh'd the Perfons of thole that ^ /•' have been adually in Rebellion, and (" L'feiz'd their Eftates as forfeited, this k M is no more than wnat he himfelf ' \ll01: hath taken pains to prove may be u done by the Laws of Nature, or ru'the Municipal Laws of Kingdoms: Mir/1/m Where's then any room for Cora- ; plaint, or realon for his Elaborate Arguments, on a Subied that does "'W concern us ? by faying fo much leu MW (hat diredly refleds upon what hath ig in to ® been aded by the Englifh in Ireland, lirae, vtlhath given me the Trouble to fay flui he° thus much for the Vindication of if® 'I11" them ( and among the reft, I fuppol'e fiidi W his own Anceftors) in their Condud ihofe ^[towards the Irifh, and tofhew how Rebellious I well they have kept to the Origi- myltibnal Capitulation on their part: But 1" D 2 I t LW I cannot end this Head without take- ing Notice of his Remark, that 19. * 3ufl Conqueror gains nothing over thofe that conquered with , and fought on his fide: Why lhould he trouble the World with Arguments, to efta- blilh a Polition that no Body ever deny'd. But if the Progeny of the Old Englifh, that ferv'd under Henry the Second in the Conqueft of Ire- land, have fince joyn'd with the Na¬ tive Irifh in any Rebellion againft their Mother Country, their Crime is greater than that of the Irifh; and yet would he have us Rill treat them as Conquerors of our fide, when they are'fighting againft us ? Cer¬ tainly this muft forfeit ail the Regard that was owing to them for the good Services of their Anceftors, and juftly entitle them to the fame Treatment that is due to other Rebels. Yet p. 20. for all this, If or any Body elfe ( as he proposes ) claims the like freedoms with the natural born Subjects of Eng¬ land, as being defcended from them: I know no body that wilì deny them to him, if ( as I faid before ) he be [37] > that £, wiw (J II I tt tiol :nts,toi oBodu under Ä '.viththeS dliM ijl! I kit Cie klriUjt s IM rlide, rie UÌ Ct s, anap e tarn Rebels, I jtSicfl ft» à II deny 4 of Capacity, and qualified as the Law now requires : He may come here, and even be a Member of our Legi- flature, (if he can procure himlèlf to be cholèn ) as many others of that Kingdom always are : And let him for ever hereafter remember, that we receive them, and treat them all as equal Members of the lame Body with our felves; and if it be at any time requifite for the good of the whole, that we Ihould Enafl any thing binding upon , we do it not in refpe& of their Perlons, but in regard to that part of the Empire they live in ; and if I my felf (or any other Englifhmàn) fhould think it for my Intereft to become an In¬ habitant there, I rauft be as fubjeft to it as he is. His Fourth Propofition is, If a Con¬ queror juft or unjuß, obtains an lute, Arbitrary Dominion over the Con quered, fo as to take from them all that they have, and to make them and their Pofierity Slaves ivhether yet if he grants them Concejpons, bounding the Exorbitancy of bis Pomer, he be D 5 not p. 17. C?«3 not obliged fir iff ly to Obferve tbofe Grants ? I have fhewn before, that he had no reafon to aggravate the Queftion to fuch Extremities in oar Ca e, be- caufe we have never pretended to exercife lo Arbitrary a Power over the People of Ireland, p. 28. He goes on then, To fijew by Pre• cedents, Records and Hi [lory, What Concefflons have been granted them ; by what fieps the Laws of England came to be introduced into Ireland ; he would prove, that anciently the Parliament of England was not thought to have any ' Superiority over that of Ireland : And gives his Anfwers to what Objections are moved upon this Head. But I be¬ lieve we fhall find this as little to the purpofe as the former. He might have fipafd his pains in taking up lb many Pages to convince us againll all Objections, that Henry p. 29* the Second did efiablißj the Englilh Laws and Form of Government in Ireland ; that he gave them a Modus 1 tenendi Parliamentum ; that an Ex- P-12> emplificafion of it made in Henry the Fourth's A uo purpofe that he hath abundantly p. 37. prov'd ; That all Ranks and Orders of the Irifh did unammonßy agree to fub- mit themjelves to the Government of the Kjnv of England ; 7hat they did thankfully receive the Laws of Eng¬ land, and fwear to be governed there¬ by ; and I know not what hath re¬ leased them from any part of that Obligation to this day, himfelfown¬ ing, that There cànrit be [hewn a more p. 38. fair Original Compacty than this between Henry the Second and the People of Ireland, and we have defired no more from them, than that they fhould con¬ tinue to be fo governed. P* 38. He tells us, It is mamfeß, that there were no Laws impoftd on the People of Ireland, by any Authority of the Parliament of England, nor any introduced by Henry the Second, but by the Confnt and Alio ance of the People of Ireland, and that both the Civil and Eccltßaßical State were fettled therey Reg £ Subümitatis Authoritate; not only this9 but the manner of hold¬ ing Parliaments alfoy to make Laws of their own, ( which is the Foundation and Buh L4i] Bulwark of the Peoples Liberties and Orirj; Properties ) was directed and ejlablijbed tn<>l» there by Henry the Second, as if he WWi mre refolved, that no other Perfon or likjt Peyfons (hould be the Founders of the * °/t Government ^/Ireland but himfelf\ and wdtk theConfent of the People, who fub?nitted :W)i themfelves to him againfl all Perfons rt of t whatfoever. nfellou; Was it fit for the King to have «Mi» carried a Parliament about with him? tHkt or becaufe he had not a Parliament iPufii there, muft it follow therefore, that 'dnoniß; their Authority could never have any louldcoa concern in what was done ? The King was now abroad with the Forces of ijef, tk the Kingdom, and 'tis not to be fup- Id on J pos'd, that his own Authority was tdoriijf not füfficient to make Terms with I, w t the Enemy if they fubmitted ; we econd, If do not pretend that the Power of mt fii our King is limited at that rate, yet ,/Wti whatever Submiflion is made to his me/etti Perfon on fuch Occafions, is doubts uhoritatt lefs- virtually made as to the Supream trofk Authority of the Kingdom, and that je I0 I believe every Body will allow to ^10 be in our Conftitution, the King, IiI Lords C. .42 ] Lords and Commons, in all whom the Legiflature refides, and not in either feparate from the reft. The King may be laid to be vefted with the Power of the whole, in the Civil and Military Adminiftration of the Government, and yet whatfoever is a&ed or acquired under his Autho¬ rity as King of England, muft doubt, lefs be efteemed to be for the Ac¬ count of the Nation, and not in any Propriety peculiar to himfelf. To talk then, As if the Parliament had nothing to do in this Action, and that Kjng Henry the Second affcd in it as if he were refothat no other Perfon or Per font, fhotild he the Founders of the Government (/Ireland but him¬ felf, is Language not becoming an Englishman ; and I wonder that this Author could have fo little Senfe of what he was about, when he faid this; for in the very next Paragraph (but one) he gives us an Inftance, which Ihews beyond all Contradi£ti- on, that King Henry himfelf had no fuch Opinion of his own Seperate Authority. And [43] all v/l| And now he comes to the Matter, nd not and tells us, that Kjng Henry about A It the 2jd. Tear of his Reign, and five AWi Tears after his Return from Ireland, n the Ot creates his Tounger Son John KJng of tionoit! Ireland, at a Parliament held at Ox- latfoevet ford ; and that by this Donation Ire- his All land was mofi eminently fet apart again, nuftdoul as a feperate and difiinffi Kjngdom by iotthel it felf from the Kjngdom of England, à (\ot in a; and did fo continue until the Kjngdom limfelf, i of England defended and came unto rlimnti Kjng John, after the Death of his tSmj1 Brother Richard the Firft, which was id id I about 22 years after his being made int no otk Kjng of Ireland ; during which time, khà- and whilfi his Father and Brother were id hut hi fucceffively reigning in England, he made coming i divers Grants and Charters to his Sub- r that tl je&s °f Ireland, wherein he fiiles him- le Senfe fetf Dominus Hibernise, and in fome .n (]6 (i Dominus Hiberniss & Comes Meri- toniss ; by which Charters both the City of Dublin, and divers other Corporati¬ ons, enjoy many Privileges and Fran- feifhadi tbtfesto this day. a Sep® Wc know that divers of our Kings have at feveral Times granted out it Parcels [44] Parcels of their Dominions to their Sons or Subje&s, and endowed them with many Royal Privileges, yet al. ways as Feudatories of the Empire, after the fame manner, (ò much an¬ ciently praftifed in moft Kingdoms of Europe ; fuch have been in Eng¬ land, the Principality of , the Counties Palatine of and Durham, and what was much lefs confiderable than thefe, the Ifleof Man was given with the Title of Kjng in Man, ( which was more than King had) which continues in the Earls of Darhy at this day. In like manner alio have Proprietorylhips been granted to the Settlers of Colonies in America in our time ; and fuch and no other was this Grant of King Henry the Second to his Son John but what is very remarkable in this Cafe, is, that this Grant was made in Parliament. Did ever Man fo expolè himfèlf in Print ? what he hath been endeavour¬ ing to prove, is, that the were ne¬ ver fo conquered by Henry the Second, as to give the Parliament of England any Jurifdi&ion over them, and yet Ihould Hop here, and give my felf no further trouble, to trace hint through the reft of his tedious, tho' fhallow Arguments, all impartial Peo- pie would be fatisfied in thefe Four Points, That the ancient did intirely fubmit their Nation to be¬ come a Member of, and be united to the Englijb Empire ; That the Parliamentary Authority of hath ever obtain'd over all the parts ot its Dominions ; That they have exercis'd this Authority over even from its firft Union to this Kingdom ; and, That the un» derftood their Submiflion in this lenfe, and paid Obedience to this AO: of an Engli(h Parliament without regret. But fince I have undertaken it, I mull go through with him. This Creation however, as barely mention'd by him, is not Authority enough for Mr. to con- .40. elude pofitively, that, By this Dota¬ tion Ireland waseminently. apart again, f he feems then to grant that 'twas at firft united J as a (-pa- rate and dtfiinH JQ by it from the it will not with us : 'Tis only an lrifli Aft of Parliament, made as late as Henry the 8/A's time, that pre- fumes that K. John did enjoy all manner of Kingly Jurifdiftion, without referring to any Record that was extant for proving that AlTerti- on : So that this lrtfb Aft of Par¬ liament is at moft but a Prefump- tive Authority, and therefore he ought not to think that we can be fo far impos'd upon, as without bet¬ ter Proof than fo faying, to grant that King Henry the fecond, and King Richard the firft, difclaim'd all Title to the Dominion and Regality of Ireland^-as if the fame had been ab- folutely, without any refervation, verted in King John : Befides, even this Aft of Parliament does not ufe the words Abfolute and Independent. But after all, though none of thefe Proofs will ftand good on Mr. Molynettx's fide> fie fhew him, that this whole Bufinefs undeniably proves on t'other fide, that King John could at beft be made no more by this Donation than a Feudatory Kingly Lord, ries muft to the Sovereignty to which they belong ) to Old England and after all his abfolute Kinglhip, 'twas his Misfortune to be try'd by his Peers, ( not as King of Ireland^ but J as Earl of Morton, who found him guilty of High Treafon, and accor¬ dingly he was condemn'd, but at the Interceffion of the Queen their Mother, King Richard gave him his Life, I doubt this was enough to loofe his Independent Title to the Kingdom of Ireland for that time, unlets Mr. Molyneux can find him out another Creation, which I believe could not be without another A£t of Parliament; but there happen d to be no need on't, for as he fiucceed- ed to the Crown of England, Ireland came in again well enough in our Senfe. Yet further to put this mat¬ ter out of all doubt, 'tis a Maxim not to be difputed, that the Autho¬ rity which grants, muft always re¬ main Superiour to that which receives the Grant, and therefore the Feudal Law determines that Homage and Fealty is infeparably annexe to all E 2 fhch jet; r 531 je£t of the Kingdom of England, and w as treated accordingly, in his being Try'd and Condernn'd by the Laws thereof. Moreover it may be no ed, that upon his acceliion to the Im¬ perial Crown of England, whatever Feudatory Royalty he had before, became now merg'd and extinguifht in his own Perlon, which by reafon of it's being Head and Sopream, could not at the lame time be capable of any Feudatory SubjeCUon ; fo that there was ct\ abfolute determination of the Former Grant, which could nor again be reviv d but by a New Donation upon another Perfon. I hope I have now (b far remov'd this main Pillar of Mr. Molyneuxh Stru¬ cture, that I may take the Liberty as ofren as I lhall have Occafion here- afrer, to deny pofitively, that King John was ever made abfolute King of Ireland, without any Dependance on England, Here Mr. Molynettx had brought his Argument up to a pitch, and concluded us under a perfeCt real Seperation, and thus he puts it up- E J on u [54] p. 42. on us ; let us fuppole, 7hat King Richard had left Jjjue, whofe Progeny had governed England, and KJng John j Progeny had governed Ireland, where then had been the Subordination of Ire* land to the Parliament, or even to the Kjng of England ? Certainly no fuch thing could have been then pretended. But this is but a Suppofition, and fit for none but People of his fize; who take up Matters by Appearan¬ ces and Prefumptions, and aflume the Confidence from thence to be po- fitive in their Affbrtions, giving no allowance for the poffibility of being tniflakcn : But we need not fuppole in this matter, but may be confident, that the Supream Authority over Ireland rnuft always have continued in the Kingdom of England, as it does at this day, and he hath made nothing appear to the contrary. De non apparentibits, & non exiftentibus, tadem efi ratio. Yet I cann't but remark how he enjoys himfelf in this Suppofition, when he thought he had gain'd his $«43« Point; Where then had been the Sub¬ ordination i 1 r 55 3 ordination ? if any fuch there he, it mufl arife from fomething that followed after the defcent of England to Kjng John ; for by that defcent England might as properly be fubordinate to Ire¬ land as the Converfe, becaufe Ireland had been vefitd in Kjng John twenty two Tears before his acceffion to the Crown of England ; Tes, and 'twas the ancient er Kjngdom too. Is it likely that King John, who had not before thought fo well of his Kingdom of Ireland as to make it his refidence, but chofe rather to remain where he was but a Subjett, when he was now become a real King òf England, fhould be fo far taken with the Fancy of the ancienteft Kingdom, ( if it were fo ) as to put the greater, and by many degrees the more powerful, more pleafknt, and more civiliz'd Kingdom, in fub- ordination to the lefs, which was then of no Power or Confideration in the World ? and that he fhould be better pleas'd with the Stile of Lord of Ireland, and King of England,, than that of King of England, and Lord E 4 of r 57 n ei|) 4 created an Independent King by A£l 0f parliament, he fhews himlelf to ' ltt° be quite overfeen and blinded, by his Mi depending fo much upon it through nduk tbe reft 0f bis Argument; yet he the Mi perceives plainly, that a fair Inquiry 31ent 4 into this Annexing, will not turn to account for him, and therefore al- eä Jel though he is not wanting to be very int? particular and exa£t in his Nume- 'bifi its. rous Quotations of other Authorities, miß yet here he is cautious of imparting f from 1 any further Light into this matter, initi than juft to tell us, there are feveral w/fij fuch Afls of Parliament both in Eng- trlmtöi Und and Ireland: Surely thele Eng- jèJuii lijh A£te might be faid to be binding ged, for upon Ireland, and therefore too they hluni is muft be conceaPd, and we fhan't have ;ed to one Word of them anon, when he the Legi pretends to reckon up all thole Sta- Dulddoi: tutes that the Englifh Parliaments ill betwet have made to affe£t Ireland : And I his wort cann't find that he meddles with it laveto any more, tho' he fays, that He (hall p 44 )e anyfe enquire more fully hereafter horv this lot ttoj! operates : But for the prefent he only foWte tells us, That he conceives little more cn$ *s p. 44- 58] is effected by thefe Statutes, than that Ireland [hall not be aliened or feperated from the Kjng of England, who cannot hereby difpofe of it otherwife than in Legal Succtffìon along^ with England ; and that whoever is Kjng of England, is ipfo Fa&o Kjng of Ireland, and the Subjects of Ireland are obligd to obeyy &c. Doth not this ftrongly affert the Parliamentary Authority ? If he had faid, that it fhould not be alienated or feparated from the King¬ dom, he had fpoken Englifh, and fet the matter right; but if he will infill upon fo fine a Conceit, as to divide between the Political Capacity of the King, and the Kingdom, if it be not bad Englifh, is however Language that cann't be underftood in Eng¬ land. •Now he tells us of King Johns going again into Ireland,about the twelfth year of his Reign of England, where above twenty little Irifh I\jngs did again do Homage and Fealty to him, and he con- ftttuted the Englifh Laws and Cuftoms among them, placing Sheriffs and other Mimflers, for the Adminiftration ofju- Ilice '/fr* A C® ft 41 ' EnglaiK Jand, it (itligi: IS UfOflj ^uthoritj )uld ootl ltöe Kill id, audi to dim iqtfù iS it be nt Langni; 1 in bf ]U\[k ii fài \ü k» 4 Cvf• I d à wof) /I ft ice to the People^ according to the Eng- lifh This is a further Proof of the intire Refignation and Submifli- on of the Irifh to the Government of England. He goes on, KJng Henry the Third, his (King Johns) Son, in the fir ft year of his Reign, granted to Ireland one or two Magna Char- ta's, (but he owns that 'twas) by the Advice of his Englifh Privy Coun¬ cil. Let it again be Obfèrv'd, that this King did not tranfàft this Mat¬ ter by any feperate Authority, but did it in his Privy Council, which is exadtly according to our Conftitu- tion, and that being the fame Me¬ thod in which all the Adminiftra- tion of the Government of the King¬ dom of England was directed, it fhews that thofe Kings govern'd Ire¬ land in no other Manner than as a Member of the Englrjh Empire. We agree with him, that all the Rights and Liberties of Englijh-rnen were granted to the People of Ire¬ land, that they had the Privilege of holding Parliaments, and in ìliort, that they had a Compleat Jurifdi&ion and {>3 and Form of Government fettled and allow'd to be exercis'd among them, as far as was requifite for the well- governing and regulating the parti¬ cular Management of the affairs of fo considerable a People, thac were now become a Member of the Eng- lifh Empire, and were leperated by Sea from the Seat of the Supream Government: Yet all this muff be underftood to be no otherwife than insubordination to the Supream Au¬ thority of England, which is Evident, not only from the Reafon of the thing, but alfo from the Pra&ice that hath always been ObfervM Can it confift with Reafon to believe, that any powerful Government fhould fub- due another Nation much inferiour to them in ftrength, place a Colony of their own people among them, make them Denizons and endow them in all the Privileges of their own Subjetls, and yet becaufe they gave them their Laws, and confti- tuted the Very fame Manner of Go¬ vernment among them as was ex¬ ercis'd by themlelves, that therefore they ■ettleii the the i the pit affairs that it f the Es crated: Suprei s (Qui. [wife tl an is £ A 30 ö/tl tìice tfo , Cm i be, tli kid I ng tte d end i Of til! aufe tli ad coiii er of 6 I was fi thereto they could not be in any Subordi¬ nation to the Kingdom that thus far fubdu'd and fettled them, but muffe ever after be efteem'd as a People fixt upon a diftinffe Foundation, and as much feperated from them as they were in the ftate of Nature ? Sure this is too abfurd to be infilled on. But the conliant praflice which hath been us'd in the Adminiftration of that Government, from the fifil times of their becoming a Member of our Empire, ihews that the Kings of Eng* land did never treat them as a Proprie¬ ty of their own, and diffinQ: from the Jurifdi&ion of this Kingdom ; were not thefe Magna Charta s ( as his own Authorities prove ) given with the Advice of the Privy Council of Eng¬ land? and have they not always had Governours fènt them from hence, whether under the Title of Lords Lieutenants, Deputies, Juftices, Pre- fidents or otherwife, arid that not by the King alone, but nominated in the Privy-Conntil ? and have not thefe Governours been accountable to our Parliaments for any Male*ad-« mini- V miniftration there. All the prime Motions and Supream Managements of their Government, are likewife confuked and dire&ed by the King in his Privy-Council here, fuch as the Calling, Proroguing, or Diffolv; ing of their Parliaments, and the Ap¬ proving all their A£ts, the Sending over and Eltablilhing what Englilh Forces fball be kept there, the Ap¬ pointing all Officers Military and Ci¬ vil, (jrc. Is this like a Separate King¬ dom, an Independent Government, or a Neighbour Nation as free as in the State of Nature ? Can any Man be fo ignorant as to maintain, that the Privy« Council of England may have Authority, where the Supream Legi- flature, the Parliament, hath none ? Doth this leave room to lay, that Eng* Und and Ireland, though govern d under one and the fame Supream Head, yet are as feperate and difiincl in their jurif dilti* on*) as are the Kjngdom of England and Scotland at this day * The Privy* Council of England never intermeddle in the Bufineis of Scotland, the King tranfaäs the affairs of that Kingdom through «TT ing, nor to meddle with his long Hiitory of what Englifh Laws, and in what manner they were introduc'd into Ireland, more than to argue fome few Points with him. He fays, If we now enquire what were thofe Laws of England that he» came thus eßablißt in Ireland ? Surely we mud firfi reckon the great Law of Parliaments, &c. Is it not the higheft Sanction of the Parliamentary Au¬ thority, that all the Subje&s of the Empire muft obey its Supream De¬ crees ? In receiving then this great Law of Parliaments, were not the People of Ireland for ever obliged as well as to all its former Statutes, fo alfo to whatever it Ihould for the fu¬ ture ena£t, concerning the whole Em¬ pire in which they now became com¬ prehended ? But Mr. Molyneux means that Law whereby all Laws receive their Sanction, The free Debates and Confent of the People, by themfelves, or by their chofen Reprefentatives. His drift in this is to perfwade us, that becaufe it was granted to Ireland to hold a Parliament within themfelves, by their —————— t*n their own Reprefentatives, that there¬ fore they ought hot to be in any Subje¬ ction to the Parliament of England, wherein they have no Reprefentanves \ and 'tis upon this Pòiru that he mighti¬ ly values himielf in much of his after Difcourfe, yet he can n't tye this Knot fo faff, but that it may well enough be undone: This Parliament of theirs could not be granted them further than for the managing their own Affairs among themfelves; but the Supream Legifla- ture of the whole Body muff: be perma¬ nent and fixt in its Head, according to the fi.rft Conffitution,and cannot be di¬ vided or granted away to any Member or Members of the Body : Can any thing grant away it fell ? A Father may grant his Son a great deal of Liberty, but he can never make any grant to divert: him- felf of his pa'ternal Relation. But Mr. Molyneux can have no Notion of Liber¬ ty, if a Man may be bound by Laws whef£to he hath not given his Con- fent, by either himfelf or his Cholen Reprefentative,: A little Diftinftion now will make us agree this Matter ; 'Tis yet no Oppreffion upon him, if F he Cö?] tatives to the Supream Legiflature, and they might have exercis'd it if they had ftay'd at home, and may again, whenever they'll pleafe to come in place. They have indeed an Authority delegated to them From the Head, to Ena£t fuch Laws in their Settlement, as may be requifite for the Circum(lance of that place, but no fuch Privilege can ever "be extended to relcind and abrogate their Allegiance and Subje£tion to the Head of the Empire : But I fhall come to Enlarge further upon this by and by. And now to go on with .TOvrju» Melyneux: He fpeaks of two Acts made by ?j the Parliament of Ireland, viz. 10th. My on Hen.4. and 29 tHen. 6. wherein »Ml. -t was £naQecj5 7 fat the Statutes made it they 111 jnEngland fhould not be of force in ' that Kjno dorn, unlefs they mere allow'd ■l>{r®: and publifhed there by Parliament. It is not impolfible, but that in thole days there might be fome People there who were of this Gentleman's ftamp, for afluming as much power as they could, right or wrong, if they E % cduld iiai® '[69] liament could not in any cafe bind Ireland; for 'tis certain, both from the Reafon of the thing, and former Practice, that in fome Cafes they might and did, and even in the Second Year of this King Henry the òixth, ( as he quotes it) the Staple Act, ex- prefly naming Ireland, was made ; Purely the Parliament of England muft confifl: of much more Confide- rable Men than the Parliament of Ireland in thofè days could, and they were mod likely to know beft what they had to do : And it Teems as if the People of Inland themfelves had no Opinion of the Validity of thefe invalidating Afts, in Mr. Molyneux\ Senfe, becaufe they did not plead them in Bar of the Staple A£b, in the Cafe of the Merchants of Water- ford, which he gives us hereafter. There is yet much more reafon to believe, that thefe Statutes wrere made on the very Occafion which he hints, to remove Scruples, or latisfie the Judges in relation to fome Laws for the adminiftration of Juftice that were extant in England, and they F 5 might Od plight have fome doubt, whether they ought not alfo to obtain there, fince the generality of the Englilh Statutes were rcciev'd in , and therefore the Parliament of Ireland for the clearing any fuch difficulty for the future, might poffibly declare that fuch Statutes were not of force there, 'till they had been eftablifht by them. And I may eafily grant him, that the End and Intent of the Inftitution of a Parliament in Ireland was, that as they were feparated from England by the Sea, they fhould have Authority to make and adapt Laws among them- felves, fuitahle to their own Circum- Rances, and fit for the well ordering of the Affairs of that Kingdom ; and therefore the Parliament of not think fit toimpofe upon them fuch Laws as were from time to time en-, affed, fuitable to the Occafions of the Realm of England,but left the People of Ireland at Liberty to choolc or refufe fuch as they thought fit; and from this Reafon it muff be, that fo many pf the Englifh Statutes as he inftances, Rave been introduc'd into , by ' palling Ì71 3 *) whett paffing them into Laws-in their.own tain tin Parliament. The generous Engliih tilt Etijl Conftitution doth not impofè any him,;- La^vs of this Nature, or for raifing ofhtliii, Taxes upon any of the Subjects of icultyftttt tbu;r Dominions, without their own declare! Confent by their Rcprcfentatives ; 'fc ikthis is cijc (Sreat Charter of Cng- itbytlt IffitPtttCtJ» And becaulè'twas thought titn, thatt that the People of Ireland could not Mitlitt conveniently fend Reprefentatives to :v;;, ;;;■ the Parliament in , they were n&M therefore authorized to hold Parlia- thki ments among themfelves for the tranf- nongflb afling fuch Affairs ; we allow it to mGiöii a" our Colonies in America; and itklefa even Wales, after their fubmitting to ,jm ■, the Government of ,was not faxt, 'till they were admitted to fend A, r. their Reprefentatives to Parliament. 0'tjmef This I fpeak of fuch Laws which (ions off re§ar<^ the adminiftration of Com- !£pc0jf mutative Juftice, regulating their own ■ rr(i particular Affairs, or raifing Taxes. ' j p. But there is yet a higher kind of Law , inherent in the Conftitution, whe- • « , ther it may be call'd the Law of VI '; Parliaments, or the Common Law, I • ft F 4 leave C7»3 , leave it to *Men of more Judgment in thefe Matters than my felf to define in, but I mean that which compre¬ hends the Subjefts of the whole Em¬ pire, and mult be of Authority to ordain certain Regulations which fhall be binding upon the Whole in ex¬ traordinary Cafes, where the well- being of the Univerlality is concerned: England muft be allow'd to be the Head of this Empire, from whence all its Members do derive their Being, and rauft depend for their Support and Prote&ion, the Riches which fhe attracts from the Benefit of her Forreign Trade, is the only means fhe hath to fupport her Power, and maintain fuch Fleets and Armies as are requifite for the Defence of all her Territories, fhe muft therefore pro- ìècute all juftifyable Methods for the preferving her Commerce, and hath the utmoft reafon to reftrain her Mem¬ bers from any prejudicial interfering with her in her Trade, becaufe this hath a direft Tendency to weaken her Power, and render her incapa¬ ble of fupporting the great Charge C 73 3 of her Government: For this end '_!'0c; then, or the like Extraordinary Oc- ,c®f cafions, thole Laws have been made ' by which the diftant Dominions are ittaritj bound, and fuch have been the Acts mid! of Navigation, the A£ts for hinder- Weim ing the Tranfportation of Wools from tile K lyelanil to Forreign Parts, &c. And iconceti: though thele Statutes are enafted tofcei when the Occafion requires, yet ffl wki they .are not fo much to be lookc :heirBeit upon as New Laws, ( to ufe his ir Sippe own Expreffion ) as it were declara- te »Hit tory of the Supream Authority, vir- Aofk tually inherent in, and inleparably ^ «a united to the Imperial Conftitution ; tattpt and which hath been always exer- I Armies cis'd by this Kingdom, and all other fence ofi Governments that have had Colo- leieforep: nies or Territories lying at a diftance rods fort from them.* 'Tis only the Exercifè and b of this Supream Salutary Authority n Mit that the Parliament of England pre- interfei tend to, and not to break in upon lecinfeif the Juft Conftitution lo anciently to weak granted, and ever fince continued to bfljncif the People of Irelandof Enacting all ffa[ Qnt fuch Laws by their Reprelènratives ( " in [75] siJit granted; let him (hew any Law from ?) ®i England,thai hath ever innovated upon 1 vk thèir Judicatories, their Perfons, or Come their Elfaies ; his Exclamations can »it no way be applicable to us, unlets it often Ii fhall appear that we have wronged uP®i them in (hch Rights as thofe: But breiklij thi> Supream Imperial Authority was «1 never granted to them, nor can refide moll iE any where as long as the Monarchy es Sujje lafts, but in the King, Houfe of Lords, >toagte and Houfe of Commons in England', lone Ma the abfolute Separation he pretends iCU to in the Perfom of King John,proves mi eft a Miflake, (b that his many peremp- tory Conclufions drawn from thence ttVit,i muff fall, as having no Foundation. itLfatf The Progeny of wherever ich L» they live, ( and are acknowledg'd to be Piiny Ct fuch) cannot be exempted from ow- tThtlij ing Allegiance to this Supream Ju- j fftrek rildi&ion ; 'tis known, that it hath I in the Power to Command its Subjects out rty and P of the Territories of any other Prince, er as iff tipon the higheft Penalties, yea and to defert its Colonies, and call home ii the People, if Extremity (hall fo re- [U ( quire : He that (hall deny it thefe flail Powers f. 76] Powers, denies the very E(Fence of a Supream Government; and how hard foever this Doftrine may feem to People that have liv'd out of Eng¬ land, and have never confidered thefe Notions, yet the Realon of the thing mult obtain upon every impartial Man, and convince him, that other Principles than thefe, would have a Tendency to fcatter and break to pieces all Humane Societies, and bring People back again into the State of Nature. Men cannot therefore ihake off' the Duty and Obedience they owe to the Community, and fay, that an unbounded Liberty is the Right of all Mankind, becaufe this Liberty was given from them when they were in the Loyns of their Anceftors, who contented to the Terms of the Conftitution, when they firft entred into Societies, and which muft con¬ tinue as long as that Society fhall have a Being. 'Tis plain then, that all juft Liberty muft be bounded by the Laws and Agreements of the Community, and no Man ought to challenge to himfelf more Liberty than than that allows him. To apply this then to our Argument : The People of England may not go out ? of the Kingdom, and fètde themfèlves any other Country, in manner of 5 ? a Colony, without leave firii obtam'd ■ ^ of the King, (as Head of the King- r*dom ) neither may they enter into I that °i a jsjew Society, and erett a New p form of Government different from Ll; that, of their own Country, in any > ^ fuch Settlement, but they muff: have Swjf Directions and Authority from the efore k King, by his Charters, Letters Pa- Hence tk tents or Commiffion, whereby he id grants them the Exercife of the Laws ikligj of- England, and the Power of call- fclita ing together their own Reprefenta- when i tives, to EnaCt fuch further Laws r Ance! ( not repugnant to the Laws of Eng- Ferms of: Und ) as (hall be requifite for the ffirifei« good Government of their Affairs, k miili ct in relation to which they are left ìociety 1 to their own Liberty and Free-choice, 1 then, tl and not interrupted by the Govern- boundedl ment of England : If after all this, ints of d the King in Parliament fhall find n ougfe' thefe People or their Pofterity,attempt- ) Librt ' " ing tk L Settle^ he'll confider, that if many Words ml» be neceflary at any time, 'tis then 1,4 when we are to perfwade People out jmnnj of that wherein they believe their own Intereft and Profit greatly confifts. tcäd i I think the Report of the Cafe p. 90. nt y of the Merchants of Wattrford is an f t0I(| Authority which very much confirms d'toy what I have fa id ; but becaufe he 1(j lays much ftrefs upon it, not only JLj here, but in another place, when he 1 Libenie*rea.ts "Pon. the.Lot*Chief Juftice j [Cook's Opinion, I will tranfcribe the ■J Latin Record at large as he gives it: ' Dicebant quod terr. Hibern. inter (e P« 91* ^^habent Parliament. et omnimodo cur. Prout in Angl, et per idem Parlia- N mi r ' 7 r r j T ;jti.. ^ went um jaciunt Leges & mutant Leges jf & non obhgantur per fiatuta in Anglia, : e V11 quia non bic habent Milites Parliament/9 / fed hoc intelligitur de terr is & rebus in terr is Ulis t ant um efficiendo ; ( I be¬ lieve it fhould be efficiendis) fed per- , fona eorum funt Subject. Regis, et tan- 1 :M quam Subjefli er tint obligat i ad aliquam domast rem €XtrA terr am illam faciend. con- [ have li tra Statut. ficut babitantes in Calcfia, n Gafcoignie, Guien, &c. dum faere *'} - ' Sub- Siibje Eil; et Obedientes erunt fub Admi• ral. Angl, de re fait. fuper Altum Mare\ Cr fimiht. brev. dt Err ore de 'Judicio reddit. Hibern. in Banco Reg. hic in Angl. I (hall now take the Liberty to vary lomewhat from the Verbal Tranflation, and render it in that lènfè that I think this Opinion of the Judges of the Court of Exche¬ quer may.be taken: J bey fay that the Land, of Ireland hath a Parliament within it felf, and Courts ( of Judica¬ ture ) every way like to thofe in Eng¬ land \ and that they make and Change Laws by (the Authority of) thu{ their) Parliament, and\ therefore ) the Sta¬ tutes ( which are made to bind) in England, do not bind them,, becaujethey •have no Reprefentatives hereo f in the Parliament of England. ) But 'tis ab ways to be under[toody that this ( the Laws made in the Parliament of Ire- land) mujt only have relation to that Country," and to fitch Matters as are tranfallied (among themfèlve^) there¬ in : But they (the People of Ireland); are in their Perfons Subjects of the K/ti Mi Kjng, ( an<3 Kingdom of England) and Wlj/ as Subjects, they (hall he oblig d not to it jfm do any thing out of that Country, againft lid Statutes, (made in England to prohi¬ bit them ) like as the Inhabitants of Libert; Calais, Gafcony, Guien/d^. while they tk \ were Subjects and they jball be obedi- it iß I ent to the Jdmiral of England in all Opiit things done upon the High Sea : In like ft of £i manner alfo a Writ of Error upon Judg- ] fifth ment given in Ireland, lyes from the I Ma Court of Kjngs Bench in England, /(ofjfll I Confefs this Opinion is oddly word- ty'u\ ed, but I fhallmake no further Com* ■ ment upon it here, having Occafion )tiis[th t0 fpeab at large to it in another ßUej place, where it will appear, whether t0 y] the Senfe which I have put upon it, \m may not be more agreeable both to (jj the paffage it fèlf, and to the Opi- jjg.),! nion which we (hall afterwards find the Lord Chief Juftice Cook gave of ir?,,]toj it, than to that turn which Mr. Mo- fiilW lyneux hath given it. But he Notes jffps upon it, that upon a fecond Confi- e|l(£Sjli deration of this Cafe before the Judg~ ; • es in the Exchequer- Chamber^ the i/?. Hen. 7. Hujfey the Chief Juftice gave G his Dire£tions from the Government of England, all this I think is clearly made out already. But he makes all the advantage poffible of the words, Per/on# tor um funt fubjebti Regis, &c. and tells us, If being the KJng of Eng- land'r Subjects be a Reafon why we ought to fubmit to Laws, (in relation to our Trade abroad) which have not received our Affenty the People of England will confider, whether they alfo are not the Kjngs Subjects, and may therefore ( by this way of Reafoning) be bound by Laws which the KJng may afflgn them, without their Affen t, in relation to their Actions abroad, or For reign 7 r'ade ; Or whether they had not been fubjefifed to the Kjng of France, if our KJngs had continued in the poffeffion of that Coum try, and then if France had been the jlrongefly it might feem that the Sub- tad jeffs of England might have been bound PK by Laws made at Paris, What Kb a parcel of Argument is here? Ire- 1Mb peat fo much on't only to expofe if. war JTis evident, that the Judges in their 'more Opinion, by the Words Subjetfi Regis, Pei mean the fame thing, as if they had lade faid cb (aid Subje&s of the Kingdom of Eng- nakesl land ; for they fay afterwards, that ewoii while they are Subje&s, they fhall be under the Admiral of England, &c. ijo|W If they had faid the King's Admiral, could we have thought of any other lionloi than the Admiral of the Kingdom? titm Having Noted this Diftin&ion, I will Qglandt fay no more to the reft. arg umi He tells us, that In the Reigns of k^P Edward the Firft, and Edward the fip tk luk\ d fiilfW; r ftii Third, Kflights, Citizens and Bur (refits, were chojen in Ireland, to fervè in Par¬ liament in England, and that they have fo ferved. What ? and could Ireland be then a diftinQ; and feparate King¬ dom ? Surely our Anceftors would fcarcely then have admitted them to fit together with themfelves in their Grand Senate. I hope after this, what jr I have before alledg'd of Ireland\ have- ^ I ing been always in the Condition of 1^?][ a Member of the Engltflj Empire, ever fince its firft acceffion, will never more be doubted : They have been, ..«gl« when the Circumftance of Time hath I j: made it convenient, admitted to fend 11 [ Reprefentatives to the Englifh Parlia- G } ment, { Ml If at tk oc p. 96. [86] merit, and may again, if our Parlia¬ ment tfiink fit. He admits of the AHs made in the P*ICU' 17th. of Kjng Charles the Firft, for en¬ couraging Adventurers to raife Money for the fuppreffion of the Rebellion therey to be bmdmg in Ireland, but then they were made for their Good; and after¬ wards when the Alts of Settlements were made by the Irifh Parliaments, thefe EngYiihslfts were made of no forcey which fhtws that they have a power of repeal- ing fuch Acts made in England. From hence ?tis apparent, that our Parlia¬ ment have not been ready to exer* cife this Authority, but when the Welfare of the Whole Body requir'd it, and that they were then contented to take no Notice of fuch Alterations made by them,which might be needful and of ule to them, and he hath rea- fon to acknowledge their Tendernefs to them in this refpedl: But I be¬ lieve thefe Englifh A&s were not repealed, and therefore this Inftance will not maintain the AfTertion which he railes from it; 7hat the Parlia¬ ment af Ireland may repeal an AH paffd w ftii ri WW M fa Iid j k £1 gii 01 tM Id M 8?f wk \ beb fVIOj to k ti pk t itfiiel We Unyt J IHK icem'li ilte 20; iciplesi Ions lit I; llffl i oj tie J C s9 3 Imrtki p ;in mm» fltflÌSl b 0 bis ft ftkbi iifcW (Js Chief Juftice Cook, for whofè Name he befpeaks a great deal of Refpe£t, although he treats him but fome- what roughly ; but this feems to be the Gentleman's particular Talent. He fays, the Lord Chief Juftice Cook quotes many Authorities to prove that Ireland is a Dominion divided and feparated from England, and in par¬ ticular the fore-mentioned Cafe of the Merchants of Waterford, but he finds fault with him for citing it un¬ faithfully and brokenly. The Chief Juftice doth indeed abridge it, ( and it feems by the alteration of the Words as if he had cited it by Head, not tran- fcrib'd it out of the Book ) which is a thing not unufual, nor tobeefteem'd a fault in fuch Authors, if they give the paflage its due weight, and that I think he does, as to the matter for which he quotes it; but what he efpecially blames, is, that the Chief Juftice upon the Words of the Re¬ port, 7 hat the Statutes of England don't bind them, (Ireland ) adds in a Parent hefts, ( which is to be underßoody unlefs they be f specially named) and that p. 116. [ 9° ] p. 117. that Herein he concludes magi ft er idly, y we jlave a very good Argument \ for that, a fortiori, yet what I have ® * faid before may latisfie him, that we tetta j]ave other Demonftrations enough, ice oi l t0 aifure us ja the conftant Subor- dination of that Kingdom to this, a® befides the lying of this Writ of Error, we t which the very Reafon of the thing audit ^ maugre all his Endeavours to fhift idgest jt) W1ji evince, that this prehemi- 10 P"* nence muft infallibly have been pre- 3 I a ferv'd ferv'd to England from the firfl: an- nexing of Ireland ; for after they were %fri become obliged to be rul'd and go« ^jn vern'd by our Laws, whether ibould ydtl they relort to have them explained, gieni but to that Authority that gave them? |'an/ I can n't omit obferving, how very Ltk pertinently He concludes this his Fifth Mtj Art tele, with a Memorable Pajfage out ^ri 140, of their frith Statutes : And a hat is [|fi Pa the Act of Faculties made in isggland jj^l the 28tb< Hen. 8. reciting a former 7CW Act, in the Preamble of which 'tis t[aiatj ^ declared, "®bat tii)t0 four ©race# [«I Bcaltu ftecognising no Superb our Put tour ©race, bath been, ac anö pet 13 tree from anp ^ub> mi jection to anp Span'# Ha\®3, but, oitlp fucp a# babe- been bebtfeb toitbtn tin# JRcalm, for the bocalth „1 C1t of the fame, 01 to fucp ether#, m, a# bp tuSerance of pour ©race, j, anö ronr progenitor#, tip people y of the Jßealm babe tafien at their j ^ free fUbertiess, bp thett obon Con» rent; anö babe bounö tberofelbe# y, bp long wkanö Cuftom to the L. 1 {©bfcrbatice Of, &c. very w„ Deck- ' n7 Declaration, with the other C'laufts of the faid Englifh A5t, is Verbatim re¬ cited in the Irifh A öl of Faculties. Be- hold the mighty force of this Ar¬ gument! The People of England did in an Ad of Parliament make a t)e- claration of their ancient undoubted Rights and Liberties, proper and pe¬ culiar to their own Conftitution: The Parliament of Ireland pafs the l"V fame Ad there, and take upon them JVP to ape the very Words of this De ,!j claration in their Ad, though the lir'm fame could not be proper or rightly applicable to the Circumftances of ätfjtel their Conftitution, (for the Laws % given them at firft from England, Ät were never devifèd within that Realm) therefore the People of Ire¬ land cannot be under any Subordi¬ nation of the Parliament of Eng¬ land. And* now he's come to the 6th, j and laft Article, viz.. The Reafons and Arguments that may he further of* fered on one fide and t*other in this De ¬ bate : And here Mr. Molyneux opens a very diverting Scene, but fitter for M I g Ridi- . [ H S'] 4 p. 142. Ridicule and Difdain than Argument: He tells us, There remains another -pretence or two for this Subordination to be conpdered ; and one is founded on Pur chafe : JTis faid, that vaft Quanti¬ ties of Treafure has been fpent by Eng¬ land from time to time, for reducing Ireland, which has given them a jufi Title at lead to the Lands of the Re* bets, and to the. Abfolute Difpofal there¬ of in their Parliament, according to the Examples in Forty One, and the late Rebellion in this Reign. I am forry that he has fo little fenfe of the great Benefit which the Proteftants of Ireland have received, by the interpofing of the Englilh Power in their Favour. 'Tis not to be difputed, that the late King James had all the Hereditary Right that was entaiPd upon their Independent ( as he terms him ) King John ; and although he had Abdicated the Crown of England, yet by this Gentleman's Notions, he had ftill an undoubted Title to the Kingdom of Irelandy which he came to pofiefs, by the affiance of a very confiderable Pow¬ er SA [ "9] er from France ; and ( if Mr. Moly- neux's Doctrine be found ) could any body then blame the biß, and Old Engliß, of his own Religion, to join with him, in the afferting his anci¬ ent Right to that Kingdom ? For my own part, I muft own, that I know no other Reafon that can juflifie us in our engaging in that War, for the Recovery of Ireland, than *the Old Engliß Principle, that Inland was our own, as an infeparable Member of the Engliß Empire ; and I am fure, all the F^ngliß Proteftants of Ireland were then glad to have us affert that Right, or elfe their fair Eftates in that Country muft have left the greateft part of them to go a Begging at this day, unlets per¬ haps they could have reconciled them- (elves by turning Papifts ; it being well known, that they were fo far from valuing themfelves upon their own Strength, that (excepting that Gallant and Refolute Refiftance made by the People of the North, at London- Deny and lnmskiüing ) they gave up all, and generally ( meaning the People I 4 of I_ 120 of Note ) fled to E(though many are of the Opinion, that they might have done more for themfelves than they did, if they had ftaid :) Thus were their Eftates loft to them, beyond hopes of Recovery, but by the ftrength of England Indeed when we had lent over an Army, fome of them went back again, and to¬ gether with thole that remain'd in Ire/and, did expofe themfelves, and a£led a fair part in the War ; yet all they were able to do, was fo inconfi- derable, in regard of the whole Ma¬ nagement of the War, that I believe it won't be pretended, that we were made Mafters of Ireland one day the fòoner for their help. The vaft Charge of an Army, Arms, Artillery, Am¬ munition, Provifion, Shipping, &c- all this have we born, and paid for, by raifing Taxes upon our own Eftates, when we knew they were not able to Contribute any thing themfelves; and after all this, what of a Man can have thq Impudence to dilpute with us, whether we have any Right to the forfeited Eftates in Ire¬ land ? L 122 J tiori made by the Iriflj againft it, was a perfe£t Rebellion, and rendered them ^ liable to all the Pains and Penalties W which the Municipal Laws of the [|Jl Kingdom could infli£t upon Rebels: This then juftly forfeited their Eftates ^ to the King, as he is the Head, but T t not as in any feparate Capacity from ^ \ the Kingdom of England : We know ^ however, what Authority the King Ma hath to difpofe of the(e Eftates, to fuch as may have deferv'd well; and if the Parliament of England fhall ac- ®t, quiefce therein, that's no Argument ttfl that therefore they have no Autho- mi rity to intermeddle in that Matter, and their former practice ( as lie ton- ^ feffes) hath ihewn the contrary. ™ He owns, that In a War, the EJhtts Mt of the Vnjuft Oppofers, fhottld go to re- Ap fair the Damage that is done ; but theirs id wh do not rtfemble the Common Cafe of • pret Wars between two Forreign Enemies, iGi but are rather Rebellions, or Inteßine Countr Commotions. And fò we fay. But, lit, he continues, If the Proteßants of Iii Ireland, by the Affißance of their Bre- iny' thren of England, and their Purfe, do wie prove I L'hJ Iy". ever he may be kept out of his Mo¬ ney ; he ought to leave ail that to the Good Will and Pleaftire of his Honeft Debtor; but I believe Mr. Molyneux would be loth to pals for fuch a Fool, in his own way of Dealing in the World, and fure he mull meafure us by an biß llnderftanding, if he thinks this fort of Reafoning wilt go down with us. He goes on, Andfo it was after the Rebellion of Forty One ; that's a Miftake, (though it deferves a harder Word J for he tells us, The Adventurers had feveral Acts of Parliament made in England for their reimburfingy by difpofing to them the Rebels Lanls; fo that it was not then left at the Difcretion of the p. 144. People of Ireland: But after ally it was thought reafonabky that the Parliament of Ireland (hou/d do this in their ovn rvajy and therefore the Atls of Settle¬ ment and Explanation made all the former Engliill Acts of no force, or at leaf did v ry muh alter them in many particulars. Here 'tis plain, that A£h of Parliament were made in England, for difpofing the forfeited Eftates ifs ^ ynents : And if the Reimburfment be all D3! ^ that England flands on, what availtth qqL it, whether it be done this way or that mk my> f° i* done ? A pretty loofè way °f Talking this; he fpeaks as ah; confidently of reimburfing us, as if ra,.' that were a fmall matter, and they had this way and that way, ways ^W[j enough to do it; and they are fo take ai we'^ PrePar ^? t'iat they defire no- " thing elfè but Liberty, to let them 0||| do it in their own Methods. Iam !l r *i forry we han't heard one word like this offer'd in their Parliaments, 'twould " " ^ have lookt much better from them, v V r than from Mr. Molynettx, to have 'II j. taken Notice of this great Debt to England, and to have at leaft declared ; their Intent of paying it ; but he is a Member, and perhaps he knows 'J' their Minds better than I do ; and ^ becaufe he propofes fo fairly, I am ^ willing to ftrike a Bargain with him ; lvi^' if nn/^prfol/p nn tItr> Rpliolf rvt C "8 J ^ his Debt, the Parliament of England cc|( ( and I hope my good Intention in p|ea this matter, will obtain their Pardon U for my prefumption ) will leave them ci]at intirely at Liberty, to raife it aceor- MS, ding to their Methods, as regularly L( in their own Parliaments as he defires; y>-, and this being ( as he fays ) all they Lt, ask, let him but publtlh himtelf in Print once more, and engage to pledge his.own Eftate (whichby the jj, way he may value the lels, by how ^ much he is indebted to me, and the L reft of the good People of England M([ for what we have paid to redeem it) to the Publick, for the perfòr. L mance; I'll engage not only my Eftate ( which is fomewhat to me, if it be y, not fo great as his) but my Life too, that the Parliament of England will affent, to give them what time ■ , they pleafe, for the payment of the ^^ Principal, if they can but give Se¬ curity for the payment of the Inte- jd, reft at 6 per Cent. ( though the In- tereft of Ireland is to J and I believe I might adventure to promile, that upon the performance of fuch Ar- j tides, *3° J not Rcafon, that thofe who receive the greateft Benefit by the Publick Expence, Ihould contribute a propor« tion towards it ? The People of Eng¬ land receive but a diftant advantage by the Reduction of , and yet they have born the whole Charge ; llylific II, a the Proteftants of Ireland have receiv'd mm an immediate Benefit, by being re- ftored to very great and improving Eftates, and yet they have paid no¬ thing ; the Government of England is excreamly in Debt, and the Taxes will continue to lye very heavy up¬ on the Inhabitants of , where the Means of Suftfiftance is much harder ; but Ireland is recover'd into a flourifbing Condition, and through the great Plenty and Cheapnefs of Provifions, the People there by a little abatement of their abundant way of living, may fpare Taxes much more eafily than England: What then if the Parliament of England Ihould entertain s this Thought of his, and become of hisl Opinion, that they ought to be repaid a < their Expences ; and that the People of j helana are now in a Condition to Con- ' .. W OH tribute r. ■ 3 * n tribute fomething towards it ? efpecia! - ly fince they are already become foUp- ifb, and retain io fmall a Senfe of Grati¬ tude for the g?eat Support we have fo , lately given them, as that not only this Gentleman, but others alfo have ,a5; fhewn their Readinefs to fly at our Heads, and even threaten us with , ein8; the Confequences of their Refent- mPr!J$ ments, for our only offering to Check ^ their Progrefs in a Manufa&ure, 0ih which cannot be carried on there tj^< but to the Ruine of England: I fay, Wj] Up0n thefè Confideraiions, and lb extraordinary an occafion, theyfhould km require a Certain Summ from the mh people of Inland, I know not but that it may well confift with that hpnelsj Supreara Authority, which (as I rebfalt have endeavoured to fhew ) muft be to if of the Effence of every Compleat mudi® Empire ; and that it would be no Vio- nkflll lation upon that Conftitution which Wentert! was given them, if our Parliament come oil fhould be content, I hat tn preferva- tobe rep tion of their own Rights and Liberties, they may ha've Liberty to raift it in their own Methods, regularly in their K 2 owW Itu fall Ml VH( own Parliaments. Perhaps Mr. Moly- neux will tell us, that they have a Negative upon us; but he hath be¬ fore put us in mind of an Unlucky Hank that our Admiralty hath on them. I doubt the Gentlemen of 7re- land won't be well pleas'd with me %i[i for touching upon this Point, but I they muft refleä: upon their own Advocate, but for whom it had ne- iloE ver come into my Mind ; and they ü® ought not to be offended with me, «1,! for anfwering him in fuch a Way fà as his own • Arguments require: I idi never defign'd them any ill Office, £tk and if any advantage fhould be taken by this, I am as ready as Mr. Moly- neux himfelf, for my part in it, with à tin the loweft Submiffion to a.sk their ^Po Pardon. What follows next may be pre^tM fac'd with a ny Sen onl Monftrum horrtndum, , ■ jjt( cut lumen ademptum. tjuj p. 144.. fPe have an Example of this in . Point between England and Holland, in C »?3 ] ii; the Glorious Revolution under his pre- ^ fent Majefly; Holland in Affifiing Eng- land expended Six Hundt ed 'Ihoujand Pounds, and the Engliih Parliament \ fairly repaid them : It wotHd lock oddly, leaoili f0Y Holland to have infifled on d/fpo- with fing of Lord Pow Ws, and other Efiates, Oiotjl by their own Laws, to reimburfe them- heir ü ft Ives. it hah Example in Point*, then HoL ai)h land rnuft once have Conquered Eng- withe Jand, and have ever fince retained a Mi Title to this Kingdom, and exercis'd quire; an Authority over us, in directing ill Oil all the Principal Managements of our W? Government : Neither can there be Mi, Ml any Semblance of their aflifting us at ioit,i that time with Six Hundred Thou I a.sk tl| .fand Pounds; that Afllftance was ad¬ vanced wholly on the Credit of their laybef Stadtholder, the (then) Prince of Orange, and the Affiftance we had was only owing to him, who by the Succefs of that Glorious Expe¬ dition came to be Elected our King ; and then the Parliament of England nfti confidering, the Ineftimable Benefit England had received by that molt K } Happy Ws ['35] Controvert this with us, before we are repaid one Farthing of a vaft- 1 y greater Expence, and tell us, here's an Example in Point for us : Such Treatment as this would raife the Blood of an Englifhman, and though a fitting Modefty and Regard to my Reader doth reftrain me trom venting the Refentment due to fo great an Indignity put upon the Eng- liih Nation ; yet I hope I may be in¬ dulged to imprecate upon my felf, if ever I fhould difcover (o little Thought, as to make ufe of Examples highly refle&ing upon my Superiours, and yet no way agreeing, with the Fa£fc in hand ; may I be Cenfured for an Eternal Blockhead, and condemn'd to wear my Book affixt on my Back, as a perpetual Badge of my Infolencc and Folly. I am weary enough of this Head of Purchafe, and yet I will take the pains to tranfcribe the laft Paragraph on't from end to end: He fays, rTis an ungenerous thing to vilify good Off• ' ces, 1 am far from doing it, but with all foflible Gratitude acknowledge the mighty K 4 Bene- I I ^8] any due fenfe of Gratitude, might remain fo welt Content with the great Benefit that accrew'd to them- lelves, by the re-enjoyment of the Eftates which they had loft, as not to upbraid us with any fuch reafo- nable Convenience which we might draw from it, without Prejudice to them. Can they think it had been fit for us to engage in fo mighty an Expence, for no other Reafon than to recover their Eftates for them ? Well, fuppofe we had thought fit on¬ ly to fight our own Battails, and when we had done, to have bridled the biß by ftrong Garrifons, and had no reguard to have reftor'd them to their Eftates; perhaps we might have as well fecur'd our own Inte- reft that way : However* the Tender- nels we had for them, ( how ill fo- ever fome of them feem to have de- ferv'd it) would not fuffer us to ufe fo Severe a Policy, which yet if we had practic'd from the beginning, and kept our own People at home, would have turn'd to much better account to us, than if we fhould at C 139 H laft be fo far overfeen, as to fuffer a Co¬ lony of our own to Contefl: with us for our Trade. But yet I am for Complying with Mr. Molyneux in this matter, and I am content that a part of this Expence, in proportion to the Benefit England fhall be thought to have received by the Reduction of Ireland, (hall remain upon our Account; but then I hope the vaft advantage which immediately accrews to the People of Ireland by the Recove¬ ry of their Lands, and the fair time we have fpar'd them from Contributing any thing, may be thought juftly to in- title them to the far better part of this Charge; and if Mr. Mclyneux can with as much Ingenuity find a way to pay it,as he hath been ready to own it, he will very much oblige the Government of England, at a time when their own Occafions do To much want it. So much for Mr. Molyneux*s feign'd pretence of Purchafe, which can be but an Invention of fome fiich pregnant Brain as his own ; for I never before heard, that the People of England had fet up any pretention for their Superio¬ rity over Ireland upon that foot; fuch ano- [• ho ] p. 145. another is that which follows. Ano¬ ther thing alledgfd againft Ireland is this ; If a Forreign Nation, as France • or Spain for inßance, prove prejudicial to England in its Trade, or any other way; England, if it be ftronger, redrejfes it felf by force of Arras, or denouncing lYar; and why may not England, if Ireland lyes crofs their latereßs, re ft rain Ireland, and bind it by Laws, and main¬ tain theft Laws by Force ? He difcuffes this Point very gra.vely, but fince no Body ever thought of making this any Argument but himfelf, and we ne¬ ver pretended to have fo little to do with them as with France and Spainy I'll trouble my felf no further about it, but let it* pals for a Meer Whim- fie. If p.j4S. Mr. Molyneux tells us, The laß thing he (hall take Notice of *that fome raife againß them, is, that Ireland is to be lookt upon as a Colony from England: FL;re he attempts to delude us with a falacious Argument ; but that is very eafily folv'd by an Obvious Di- ftinfition. If he would not have Ire¬ land lookt upon as a Colony, yèt I f *4? ■ Irtlf New-England, or Maryland, the hefci' Na me of Kjngdomsis there fuch a »4, deal of weight in that ? The Partu- fil guez gave the Style of a Kingdom to Ml Go* in the Eaß-Indies, but they ne- M ver did to Brazil, though it be much b»y f the more Confiderable Colony : And now I think on't, we were once a- iia bout making our Dominions in Jm- r'v rica into a Vice-Royalty, under the y r Duke of Albermarle, fure then they ltatW muft have made as Compleat a King- vv dorn as Ireland; for they have as ab- .„fft folute a diftinft Dominion within yi,jj themlelves, and I beleive, are en- dow'd with Authority for the regu¬ lating the Affairs of their own Govern- 5 ments, as ample in all Refpefts as Ireland, excepting only the Pun&ilio j J[e, of a Titular Kingdom, and the Denomi- Ji8 J nation of a Parliament, to the very ^ jj; fame thing that in the others iscall'd (,3{e j an AfTembly : Are not all thefe things () Lj done or not done, according to the j yt Humour or Fancy of Princes ? Is "* there any thing of Effence or Rea¬ lity in them ? If the Englilh of • are in all other refpefts under the Circum- 45] Iii it Idi »ifl mi itd Ii \ iandi the ACte of State in Spain ftile them ■ , , Kingdoms ? Have we not a Parliament, ' M and Courts of Judicature ? Do thefe things agree with a Colony Ì Yes, and other Colonies have effectually the fame. Neither doth this involve fo 'J Is many abfurdities as he thinks, if we W do but confider what fort of a thing a Colony is. When People began to multiply ltl in the World, and nil thole IraCts that were firil inhabited, they were neceffitated to fpread themfelves far- therand farther, for the better Con- veniency of Living ; and thus the re¬ moter Parts came in procefs of Time to be peopled, with fuch as are caifd the Aborigines of Nations: In the firft and innocent Ages of die World, fpM thefe liv'd in an undiffurb'd Qu et, contented in the Enjoyment of fuch im things as with their bwn eafie Cul- tivation, Nature plentifully beftow'd ti'w in art abundance, fuffkiertt for the Support of all JVlankiiid, 'till the Ma- nßjj lice and Enmity of the Devil, ope- ofCoIflJ rating upon the deprav'd Minds of WiM Men, through the Curfe entaiPd up- L on Can t| I on tliem, for the Difobedience of our Firft Parents, ftirr'd up in them the Unnatural Defire of living according to their own Wills, without regard to the Principles of Realon, and the Laws of Nature, which God had eternally ftampt upon their Minds: This foon began to break the firft Harmony and good Order of the Creation, and came in time to change the whole Face of Humane Affairs, and introduce a very different kind of Oeconomy among Men. .Hence it was, that the more powerful Com¬ munities, if they found their own Borders too ftrait for them, would not give themfelves the Trouble of removing to diftant uninhabited parts of the Earth, hut took the Liberty to incroach upon their Neighbours, and poflels themfelves of what the Induftry of other Men had made their own juft Right and Property. Thefe Violations of the Law of'Na- ture taught the more fcatter'd People to enter into Societies, and unite to¬ gether for their Mutual Defence a- gainft the Invafions of others; and for. •fo for the Well-ordering of Matters, Mjk and preventing private Injuries that M might occur among themfèlves, they pril thought upon the conftituting Laws, tk for the defining of Liberty and Pro- perty, and executing Jultice upon Miè fuch as (hould offend againft them; the fel. they apply'd themlelves alio to the of è inventing of all fuch further Policies ictaj; as might be conducive to the acqui- Affain ring and preferving the Good of the [tti whole Society ; and whether they jto thought beft to commit the Chief J Co» Condufl: of their Government to one ir m Perfon as Supream, to rule them with mil the affiitance of fubordinate Minifters; ituMti or that they plac'd this Supream Au- itedpar; thority 'to govern in feveral, with joint Lto Power, the end and intent was ftill one ighboaC and the fame, to procure and conferve of àthe Good of the whole People, though yg the Names were differing, as that Propai .of Kingdom, Common-wealth, &c. fofll Thofe that inffituted the beft Poli- '(I pop cies, and moft fuitable to their Cir- sg(f cumftances, generally became the Iffoa, moft powerful; a Senlc of their |{jj.J Strength, and an Opinion of their ' r, L 2 Skill [H9] )ont(i Vandals, Hunsy and others of their ie unit| Defcendents, branched out into many Wniei other Appellations ; but thefe may bjforct by no means be faid to fettle Colo- ì grewI nies, becaufe they retain'd not any ily'd tit dependance upon their Original Coun- i kept tries, but erefted New and Abfo- their ov 'ute Governments upon their own Deans i . Foundation. Of thofe that aim'd at ' of ma: the gaining and keeping together of came to; a Mighty Empire and Vaft Domfni- inal Seiti ons> the Romans were the laft, who mother ii gr^w to the greateft heigth,. and ex~ 'wasci)l; ceh'd all others in Power and Po io Nume- hey, and the prefent Kingdoms and im States of Europe retain many of their Notions and Principles of Govern- iewDt ment to this day, though in many places with a large Mixture of the jw Gotbick Confiitution ; but 'tis from £jr J^ them that we have principally Jearn'd y ^ the way of Settling and Managing irj'jnes of Colonies, and to their Praflice we 'B ought to have recourfe in fuch Mat- f their 4 ters as re'ate hereto: And though we r I are not to expert, that the Circum- • r' ftances of other Governments, and u latter times, were obliged to follow L j the C '5°1 the Roman Pattern in every parti¬ cular, yet I believe, upon comparing them it will appear, that few have trac'd it nearer than we did, in the Subduing and Settling of Ireland. When the Romans had by Con- queft, or äny other Means, brought any Country tfrider Subje&ion to their Government, they then gave the Country the Name of a Roman Province, poffefs'd themfelves of the moft Confiderable Towns and For- treffes, wherein they plac'd Compc tent Garrifbns, and then withdrew the Body of their Army, appointing a Govcrnour in Chief *over them, whom they at any time afterwards recall'd, and lent another at their Pleafure, Did not the Englifb in their fubduing Ireland, fo far imitate this way of Management, as that the Countrcy became united to their Eny pire, in rhe very Nature of a Roman Province ? As the Inhabitants of the Countrey made more orlefs Refiftance againft them, the Romans granted them the more or lefs Liberty, fo that they put Confiderable Tributes or [ "51 ] or Services on fome, and Puffernd o~ thers to enjoy great Franchifes and Priviledges : In like manner, the Injh making little or no Refiftance, had the Laws and Liberties of Englifh- men granted them. This is the Na¬ ture of a Province, but a Colony is yet another thing : If the Romans lik'd the Province, and law it con¬ venient for them, they fcnt fufficient Numbers of their own People to fettle in this Province, divided out fuch Lands to them as had been gain'd, to cultivate and manure for their own Advantage, and the Pof- feffion thereof to remain to their Po- fterity; the Exercife of the Roman Laws was granted them, and fome- times alio they had a Senate allowM among themfelves, wlio might enact fuch things as the Circumltances of their own Affairs did require ; they and their Pofterity always remajn'd free Denizons of Rome, and were always protected and defended by her, as long as fhe had Power to do it; but they were ever obliged to pay an intire Obedience to the L 4 Su- p al! thele parts of the World were fet- j- led under Kingdoms and Polite Go- i!o' vernments, which with little alterati- * on, ( I don't fay in their Forms of Go¬ verning, but) byConqueft, or other- wile, except by Unions, continue much the fame to this day : They have frequently needed Help, and had been many times deftroy'd, or driven quite away, but for the con- ftant Proteftion and Support they have always had from their Mother England ; andthey have ever receiv'd a Governour, and Dire&ions for all the Principal Managements of their Government from her; thèfe Circum- flances can be no way agreeable to an Original Gothick Settlement; and fince there's nothing elfe left, if Mr. Molyneux won't let them be a Colony of Old England^ I fee no room for them to take up any jvhere, but in his Notion of the State of Nature, and then there^ will be need of redu¬ cing them again to Order as Wild- men. And though I take the Liber ty to anfwer Mr. Molyntux after this «I manner, no Body can imagine that I iff could L 154] could think of fuch a Reflection up¬ on the Worthy Englifh Gentlemen of Ireland, I am fure they will be much more ready to agree with me in the fame thoughts of their Duty to their Mother Countrey, which I have Difcours'd in Page 75, and 7 6. . 149. Mr. Molyneux thinks, he hath now anfwered The only remaining Argu¬ ment{ that are fometimes mentioned a- gain ft themy and fo He proceeds to of¬ fer what he humbly conceives, demon- flrates the Juftice of their Caufe ; and this takes up about twenty four pa¬ ges to the end, in which he hath lumm'd up his Difcoule ; much of which is a Repeating over again, What are the Natural Rights and Free¬ doms of Mankind ; 7hat no body can be bound without their own free Qonfent in Parliament, quoting Mr. Hooker, drc. and telling us again, of the Conceßions made to them: But he might have fpar'd himfelf and the Reader this Pains; we value Mr. Hooker, and all the reft that have written upon that Excellent SubjeCt, as much as he ; we have fen MS I will In with» «it feti C *55 3 have mainrain'd the People of in the full Enjoyment of all that could be granted them in the firft Confti- tution ; they ad as freely in their own Parliaments, in matters pertain- wio]; jng t0 themfèlves, as ever any Body 7h11 of Men in their Circumftances did in the World ; our Parliaments have always fhewn that regard to the Le- hath» If » giflature which they own to be their rnmit Right, as that we have rarely med- led with it, and never but upon very extraordinary Occafions, either ußiami to heJp them in the time of their four pi' Diftrefs, and when they were not ikW; in a Capacity toad for themfèlves ; mucht ( as he confeffes,) or when the Good itr Igajj 0f the whole Englifh Empire (of aik which they are a part) did eminent¬ ly require it, and which we fhould have done as effedually if they had lent »her, Representatives to our ParliaBnent, as Crnik we have done it without them, and igl)t b as we dò it to Kent and , in cadet it reflraining the Owling Trade, not- j, audi' withftanding they do fend Reprefèn- upODtfe tatives, who cannot hinder, if they aslie;« Vote againft ; and to be fore, if they ,fc! ' Vote L 157 J whole conferv'd, without ìome fuch binding, fuch Limitations of Free dorn as this; and this is what we have reafon to require from the Eng- lifh of Ìre/and, who are certainly a Colony of England, fent thither by us, bred up, cheriftfd and proteft- ed by us, in the Enjoyment of good Eftates and ample Privileges, luffi- cient to preferve the intire Freedom of their Perfons and their Proper¬ ties, in all manner of Liberty and perfe&j Enjoyment; excepting only, that if they Ihould prefume to extend it to fuch a Latitude, as would be highly injurious and prejudicial to England, and confèquently to the whole Englifh Empire, by wounding its Htad; whereon alfo themfelves always have, and muft relye for aflfiu ftance, fo that in whatever they weaken her, they work their own Deftru£tion : And the World will eafily judge, that as we have the ut- moft of Reafon on our fides, fo if we are a perfect Government, we muft have fufficient Power refiding in our Conftitution, to a0: upon, all Extra- L'5»J Extraordinary Occafions, whatever we lhalll find ablolutely neceftary to our Prefervation, even to the binding of all the Members of our Empire, without being oblig'd to ask their AlTent. The reft is little more than dila¬ ting upon Conclufions, arifing from fuch Premiles, which I hope I have fufficiently refuted in my former Dit courle, and therefore I (liall meddle no more with it, but to touch upon two Paflages: The one is, where he tells us, that It is the Kjngs Prerogative, that the Parliament of England fhottld have any Power with him,to introduce A/ew Laws, or repeal old Laws efiablifhed in Ireland :But his Argument upon this is either falfè Printed, or down right Nonfenfè, or at leaft lo Confus'd, that I Conffls I cann't unravel it, and I'll begg the Reader, if he would lee it, to look for it in page 167. for 'tis too long to Tranfcribe and Comment upon, where any on't is intelligible : But to take it in the grofs, 'tis no more than a weak at¬ tempt may attend them, if Mr. s Politions fhould gain an intire Cre¬ dit. Fir/i, If the Parliament of England fhould be perfwaded, that they ought to look upon Ireland as a Diftinft, Separate and Abfolute Kingdom, with which they have nothing to do ; they might not think it unreafonable for them, to demand a fpeedy payment of all the Expences England hath been at, in the many Affiftances which they have given them; and if they fhall refufè to pay it, whether it may not be juft to recover our own from any Neighbour Nation by Force, if we fhall think our felves able to do it ? Secondly, If the Kingdom of Ireland belongs to the King as his own Pro¬ priety, diftinft from the Kingdom of England \ if the Irr/b fhould at any time hereafter believe that the King of England could not be able to pro¬ tect his Poteftant Subjects there, with¬ out the A(Tifiance of Men and Money from his Englifh Parliament, and fhould thereupon make another At¬ tempt X [ 1*5 ] conftant and firm in their Loyalty and Obedience to the King and Kingdom of England, and to efteern it their great Happinefs, that they are an- next in to eafie a Subordination, to a Kingdom that is to well able to protect them, and harh required to little from them ; and never more to think that their being reftrain'd from interfering with us in our principal Trade, can be too great a Retribu¬ tion for the many benefits and fre? quent Prelervations which they have received from us, efpeciaHy fince they are in much eafier Circumftances than the People of England to live without it; whereas the Robbing Eng. land of it, muft inevitably introduce a Decay of her Riches and Power, and render her incapable to give Ire- iind that large Affiftance that the may poffibly at ìcme time or other need again. England hath been, and muft ftill continue to be at a mighty Ex pence to maintain her Navies, and the Civil Lift, from all which they receive the Benefit of being protect ed in their Eftates and Trade, with M j ' out C'7i] and I need no more to recommend me to the Charitable part of Man¬ kind, and he that is afraid of the reft, ought of all things in the World to forbear Writing in this Critical Age. FINIS. Some fei» Faults have the which the Reader is de fired to Corrett. Page 14 of the Epiftle, Line 4 Read a Feudatory. Page 13 Line 21 Read as with. 34 14 Rebellions. 14 Perf on. 13 Independent. 1 tha Debt. 1156 8 Reprefentatives. BOOKS