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A69830 A vindication of the Parliament of England, in answer to a book written by William Molyneux of Dublin, Esq., intituled, The case of Irelands being bound by acts of Parliament in England, stated by John Cary ... Cary, John, d. 1720? 1698 (1698) Wing C734; ESTC R22976 59,166 136

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A VINDICATION OF THE Parliament of ENGLAND In answer to a BOOK WRITTEN By WILLIAM MOLYNEUX of Dublin Esq INTITULED The Case of Irelands being bound by Acts of Parliament in England stated By JOHN CARY Merchant in Bristol Nolumus Leges Anglicanas mutari LONDON Printed by Freeman Collins and are to be sold by Sam. Crouch in Cornhill and Eliz. Whitlock near Stationers-Hall 1698. To the Right Honourable John Lord Somers Baron of EVESHAM And Lord High Chancellor of ENGLAND I Humbly make bold to Present Your Lordship with this little Tract being an Answer to a Book Entituled The Case of Ireland 's being bound by Acts of Parliament in England stated Written by William Molyneus of Dublin Esquire The Reason which induced me to intermeddle in a thing so much out of my Profession as Matters of Law are was that I had formerly amongst other things discours'd on the State of Ireland in my Essay on Trade and offer'd it as my Opinion That except that Kingdom was bound up more strictly by Laws made in England it would soon destroy our Woollen Manufactory here Wherefore I proposed to reduce it with respect to its Trade to the state of our other Plantations and Settlements Abroad which I supposed the only Means we had left to help our selves and to render Ireland more useful to this Kingdom This I humbly presented to the King 's Most Excellent Majesty and also to the Honourable the Commons of England then sitting in Parliament which I presumed to do because I thought I had Faithfully and Impartially discoursed on the Subjects I undertook at least I knew I had endeavoured to do so and supposing that Book might give some beginning to the Bill for Encouraging the Woollen Manufactures in England and restraining the Exportation of the Woollen Manufactures from Ireland I found my self obliged to consider the Arguments which might be brought against Ireland 's being bound by Statute Laws made in England What Success that Bill will have I know not but I very much fear if something of that nature be not done we shall soon loose that part of our Woollen Manufacture now left which will tend to the Ruining our Poor the Lessening the Value of the Lands of England and depriving us of a great Number of People who will be necessitated to leave this Kingdom and go over to Ireland to follow their Employments there and all this without rendring the Gentlemen of Ireland any sort of Advantage that may not be made up to them another way This I humbly conceive may be done and Ireland encouraged on another Manufacture no way Detrimental to the Interest of England and carried on by such Methods as may become profitable to both Kingdoms Till this be done I very much fear both will be uneasie I humbly beg your Lordship's Pardon for my Presumption and that you will be pleased to accept what I here offer as from a Person who truly Honours your Lordship and so much the more because you have always Asserted the Rights and Powers of Parliaments I am with all Dutiful respect Right Honourable Your Lordship 's most Humble and most Obedient Servant JOHN CARY A VINDICATION of the Parliament of England 's Power to Bind Ireland by their Statute-Laws in Answer to a Book written by William Molyneux of Dublin Esq SIR YOUR Book Entituled The Case of Ireland 's being bound by Acts of Parliament in England Stated I have seen and read over with some thought and because I cannot agree with you in your Opinion I design this as an Answer to shew you the reason why I differ from you But before I proceed farther I shall premise and grant with you That Ireland hath long had a Parliament and I am apt to think that your mistake arises from this that you Build too much on the Name not considering the Power that Parliament Legally hath For this is no more then our Foreign Plantations and great Corporations in England have in the former the Governours represent the King the great Men or Council the Lords and the Commons are represented by such as they elect and send from their several Districts In the latter these three Estates are likewise Represented by the Mayor Aldermen and Common Council of the several Cities or Corporations these make Laws for their better Order and Government yet all subservient to the great Council or Parliament of this Nation from whose Jurisdiction those Priviledges do not in the least set them free but they pay a due Obedience to their Laws especially those made with an Intention to bind them The Dispute now between you and me is Whither Ireland can be bound by our English Acts of Parliament This you deny and I affirm I will therefore proceed to enquire into your Arguments And because I intend as much Brevity as possible I can I will pass by all that in your Book which I apprehend doth not concern the Matter in Dispute Your Stile is good and your Language like a Gentleman but with this fault that under that you sometimes endeavour to cloud your Design and represent it to the Reader quite different from your own Intention Page 4 You tell us That the Subject of your present Disquisition shall be how far the Parliament of England may think it reasonable to intermeddle with the Affairs of Ireland and bind you up by Laws made in their House This you might have informed your self from our Statute-Books which begin with the Laws of Henry III. about Five hundred years since and you will find that in that King's Reign and ever since in the Reigns of his Successors the Parliament of England have thought it reasonable to Bind up Ireland by Laws made here so often as they saw there was occasion and no doubt they did the same or at least had Power so to do in the Reigns of Henry II. Richard I. and King John who all preceded King Henry III. and Reigned after Ireland came under the English Government Now were that all the Question in Dispute I could soon answer you that what the Parliaments of England did Five hundred years past and have done ever since the present Parliaments think reasonable to suppose themselves impowered to do because they make Precedents of former times their Rule and Government so that 't is not the Will but the Power of the Parliament of England in this Matter that you Dispute and this appears more plainly in your next Paragraph where you call it a pretended Right founded only on the imaginary Title of Conquest or Purchase or on Precedents and Matters of Record I do not think it very material for me to consider on which of these imaginary Titles as you call them they pretend to this Power the Question will not turn on that 't is enough if I assert and prove that the Parliaments of England did exercise this Power ever since Ireland hath been under the English Government and I think it will lye on you to