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A55056 The present state of New-England impartially considered in a letter to the clergy. Palmer, John, 1650-1700?; F. L. 1689 (1689) Wing P247; ESTC W19307 40,586 47

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and the successive one to Sr. Edmond Andross are both true but that they were illegall is a position a little too confidently asserted by the Penman who seems to be more a Clergy-man than a Lawyer but because the well clearing up of this point will be of great Service to the subsequent Discourse 't will not be amiss that it be throughly considered I shall therefore lay downe this as a certaine Maxime both consonant to Reason the Lawes of the Land That Those Kingdomes Principalities and Colonies which are of the Dominion of the Crowne of England and not of the Empire of the King of England are subject to such Lawes Ordinances and Forms of Government as the Crowne shall think fit to establish That New-England and all the Plantations are subject to the Dominion of the Crowne of England and not to the Empire of the King of England Therefore The Crowne of England may Rule and Governe them in such manner as it shall thinke most fit For the proofe of which I shall instance Wales which was once a Kingdome or Territory governed by its owne Lawes but when it became of the Dominion of the Crowne of England either by Submission or Conquest it became subject also to such Lawes as King Edward the first to whome they submitted thought fit to impose as may plainly appeare in the Preamble of the Statute of Rutland Leges et Consuetudines partium illarum hactenus usitatas coram nobis et proceribus Regni Nostri fecimus recitari quibus diligenter auditis et plenius intellectis quasdam illarum de Consilio Procerum predictorum delevimus quasdam permissimus et quasdam correximus et etiam quasdam alias adjiciendas et faciendas decrevimus et eas de caetero in terris Nostris in partibus illis perpetua Firmitate teneri et observari volumus in forma subscripta In English thus We have caused the Lawes and Customs of those parts hitherto used to be recited before Us and the Peers of Our Realme which being diligently heard more fully understood some of them by the Advice of Our Peers aforesaid We have obliterated some We have allowed and some We have corrected and have also decreed that some others shall be made and added to them and We will that for the future they be holden observed in Our Lands in those parts with perpetual firmnesse in manner herein after expressed Then follow the Ordinances appointing Writts originall and judiciall in many things varying from those of England and a particular manner of proceeding And againe in the Close of the said Statute et ideo vobis mandamus quod permissa de caetero in omnibus observaetis ita tantum quod quotiescunque et quandocunque et ●bicunque Nobis placuerit possimus praedicta Statuta et eorum partes singulas declarare interpretari addere sive diminuere pro Nostrae Libi●o voluntatis prout securitati Nostrae et Terrae Nostrae viderimus expediri And therefore We Command you that from hence foreward you observe the premises in all things so onely that as often whensoever and wheresoever We please we may declare interpret add to and diminish from the said Statutes and every part of them according to Our will and pleasure so as We shall see it expedient for the safety of Us and Our Land aforesaid In the Next place I shall instance Ireland That it is a Conquered Kingdome is not doubted Co. Rep. fol. 18. a. but admitted in Calvins Case and by an Act of the 11 th 12 th and 13 th of King James acknowledged in expresse words Viz. Whereas in former times the Conquest of this Realme by His Majesties most Royal Progenitors Kings of England c. That by Virtue of the Conquest it became of the Dominion of the Crowne of England and subject to such Lawes as the Conquerour thought fit to impose untill afterwards by the Charters and Commands of H. the Second King John and H. the 3. they were entituled to the Lawes Franchises of England as by the said Charters Reference being thereunto had may more fully appeare I shall onely instance two The first is out of the close Rolls of H. the 3. Wherein the King after Thanks given to G. de Mariscis Justice of Ireland signifies That Himself and all other his Leiges of Ireland should enjoy the Liberties which he had granted to his Leiges of England and that he will grant confirm the same unto them Claus 1. H. 3. dorso 14 Which afterwards in the 12 th yeare of his Reigne he did as followeth Rex dilecto et sideli suo Richardo de Burgo Justiciar● suo Hibern Salutem Mandavimus vobis firmiter precipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Cometes Barones Milites libere Tenentes et Balivos singulorum Comitatuum et coram eis publice legi faciatis Chartam Domini Johannis Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit et jurari a Magnatibus Hiberniae de Legibus et Consuetudinibus Angliae observandis in Hibernia Et precipiatis eis ex parte Nostra quod Leges illas Consuetudines in Charta praedicta contentas de caetero firmiter teneant et observent The King to His faithfull and beloved Richard de Burg Justice of Ireland Greeting We have Commanded you firmly injoining you that on a certain day and place you make to come before you the Archbishops Bishops Abbots Priors Earles Barons Knights Free-Holders and the Baylifs of every County and before them you cause to be publickly read the Charter of the Lord King John our Father to which His Seal is affixed and which He caused to be made and sworne to by the Nobility of Ireland concerning the Lawes and Customs of England to be observed in Ireland And command them on Our behalfe that for the future they firmly keep and observe those Laws and Customs conteined in the Charter aforesaid By all which it is evident that after the Conquest and before the recited Charters the Inhabitants there altho' composed of many free-borne English Subjects who settled themselves among them were neither govern'd by theire owne Laws nor the Laws of England but according to the good pleasure of the Conqueror and if you will take the opinion of Sr. Edward Cooke in his Annotations on the Great Charter he tells you plainly That at the makeing thereof it did not extend to Ireland or any of the King 's forreigne Dominions but after the making of Poynings Law which was in the 11 th yeare of H. the 7 th long after the Great Charter it did Extend to Ireland I have onely one Instance more and that is the Vsage of forreigne Nations in theire Plantations and Settlements abroad The Government of the Vnited Provinces Denmarke are well knowne in Europe and yet in all theire Plantations their Governments are