Kingdom of England neither was this any diminution to the Prerogative of the Crown The instance of Chester I may well bring to this point being authorized by the Learned Judg Shardlow in the time of E. 2. In an Action of Debt in the King's-Bench here upon a Bond seal'd at Chester that learned Judg says Chester is out of our Jurisdiction here insomuch that there is not any Minister in that County answerable here for what he has done Of a Deed done out of the Jurisdiction here or out of the Realm as at Paris or elsewhere beyond Sea I ought not to answer The Counsel urges that the Power here extends throughout the Realm of England and to a Deed done within the Realm of England you ought to answer and Chester is within England But Shardlow insists upon his former Judgment and adds IRELAND IS WITHIN THE REALM and to a Deed committed there I shall not answer here Also Duresm is within England yet I shall not answer at all here because the Court cannot try the Fact if denied This shews plainly that at that time Ireland was as much part of this Realm as Chester that the distinction of Jurisdictions was not for want of Superiority This has been maintain'd over Chester and Ireland by Writs of Error upon Judgments in Law The reason of which is given by Chief Justice Vaughan that otherwise they may insensibly alter the Law appointed or permitted or give judgment to the lessening the Superiority Mr. Molineux will have it th◠this removal of a Judgment from the King's Bench of Ireland by Writ of Error into the King's Bench of England dos not infer the subordination of Ireland to the Kingdom of England but that this was a method appointed by an Act of Parliament of Ireland which is lost among a great number of other Acts which they want for the space of 130 years at one time and 120 a◠another 'T is easily supposed by him that they had Parliaments of their own for the most of those times but others will believe that they were generally governed by the Laws of England according to the Tenour of their submission to H. 2. and the interpretation then put upon that submission But methinks the force of his Argument in relation to the ordinary Jurisdictions the King's Bench of England exercises over that of Ireland is not to be fear'd He is pleased to say erroneous Judgments might have been removed from England into the King's Court in Ireland for so certainly it must be since the Court travelled with the King For which I need only mind him of his own quotation of Sir Richard Pembrough's Case according to which for the King to have required the attendance there of the Tenants in chief who were the Judges in his Court here would have bin a banishment But 't is certain this could be no part of their Duty declared by the constitutions of Clarendon 10 H. 2. in affirmance of the antient customs of the Realm of England under that clause which requires 'em to be at the Trials and Judgments of the King's Courts Besides I shall shew that the King's Court in England which when not meant of the Parliament did manifestly in those antient times relate either to a Counsel chosen in Parliament and acting out of it by Authority from thence or to the Body of the Tenants in chief the Great Lords for whose easing themselves of such troublesome attendances the later Jurisdiction of the present King's Bench has sprung up was possess'd of the Superiority of ordinary Jurisdiction over Ireland before Mr. M. can shew that they had any Acts made in Ireland of any kind except that wherein they first gave themselves up to obey and depend on the English Legislature and unless they can produce Acts of their Parliaments for raising Aids to the Crown of England In the 37 th of H. 3. one Baret complain'd to the King of injustice done him by Justices itinerant at Limbrick Upon which the Justices of Ireland were commanded to send the Record before the King Where the Record was commanded hither per saltum without any regard to the King's Bench of Ireland And another Record in the same Year before Shardlow and other Justices at Dublin as I take it of the Common Pleas there was by Writ of Error from hence transmitted to the Justice of Ireland Without which it seems he was then held to have no Authority to proceed in Ireland In the 20 th of E. 1. a Writ of Error had removed out of Ireland a Record of a Judgment of Felony Which indeed was remanded not for want of Jurisdiction to correct the Error of the Judges in Ireland But 1. Because there was no notice to the King's Attorney General for Ireland or at least he did not attend 2. Because 't was a question of Fact Quia nullus venit ex parte Regis ad sequendum pro ipso qui veritatem sciverit ideo haec non potest ad examinationem set magis expedit domino Regi quòd in partibus Hiberniae ubi feloniae praed perpetrari debent examinentur modo debito terminentur Because no body who may know the truth comes of the part of the King to prosecute for him Therefore this cannot proceed to examination but 't is expedient for the King that the said Felonies should be examined and duly determined in Ireland where the said Felonies are suppos'd to have been committed However Mr. M. conceives it manifest that the Jurisdiction of the King's Bench in England over a Judgment in the King's Bench of Ireland dos not proceed from any subordination of one Kingdom to the other because the Judges in England ought and always do judg according to the Laws and Customs of Ireland and not according to the Laws and Customs of England any otherwise than as these may be of force in Ireland But 1. 'T is evident that the Judges neither will nor can judg according to any Law or Custom of Ireland which is contrary to the Rules of our Law or which has not been allowed there as no way prejudicial to the Law here According to his instance of a Declaration for an Acre of Bog a word not known in England but well enough understood in Ireland Which I may answer with a parallel case lately adjudged in the Exchequer of England One having spoken scandalous welsh words in Wales or in a part of England where the Welsh Tongue is used was libel'd against in the Ecclesiastical Court there Upon which the Court of Exchequer was moved for a Prohibition because the Words were insensible and of no signification But no Prohibition was granted because they were understood where they were spoken And thus 't is in relation to the particular Instances of Mannors or inferiour Courts Therefore 2. By the same reason that the judging according to the Law used in Ireland would
Ecclesiastical Jurisdiction which the Statute in England placed in the See of Canterbury are become English Archbishops And with the like way of reasoning he would infer that Acts of Recognition in England are of no Force in Ireland till the Irish have recognized the same King and yet confesses That whoever is King of England is ipso facto King of Ireland and the Subjects are obliged to obey him as their Leige Lord That they in Ireland are so annexed to England that the Kings and Queens of England are by undoubted Right ipso facto Kings and Queens of Ireland To use Mr. M's own Expression I am sure there 's an end of all Speech if he does not confess that a Prince rightfully possest of the English Throne is thereby King of Ireland before any Recognition made by a Parliament there and yet not withstanding this generous Concession he immediately subjoins And from hence we may reasonably conclude that if any Acts of Parliament made in England should be of force in Ireland before they are receiv'd there in Parliament they should be more especially such Acts as relate to the Succession and Settlement of the Crown and Recognition of the King's Title thereto and the Power and Jurisdiction of the King And yet we find in the Irish Statutes 28 H. 8. c. 2. An Act for the Succession of the King and Queen Ann. And another c. 5. declaring the King to be supreme Head of the Church of Ireland Both which Acts had formerly pass'd in the Parliament of England So likewise we find amongst the Irish Statutes Acts of Recognition of the King's Title to Ireland in the Reigns of H. 8. Queen Elizabeth King Charles 2. K. William and Q. Mary by which it appears that Ireland tho annexed to the Crown of England has always been look'd upon to be a Kingdom compleat within it self and to have all Jurisdiction to an absolute Kingdom belonging and subordinate to no Legislative Authority on Earth Tho 't is to be noted those English Acts relating to the Succession and Recognition of the King's Title do particularly name Ireland Before I enter into the enquiry how this can be made consistent with a Kingship ipso facto before the Recognition in Ireland 't will be requisite to inform him that we have had Settlements of the Crown by Acts of Parliament here which never were formally received by any Parliament in Ireland and yet such Act of Parliament here has ever been held to bind Ireland tho 't was not expresly named and that tho the Settlement has carried the Crown from the elder Branch of the Royal Family for instance 7 H. 4. at the request of the Lords and Commons in Parliament 't was enacted That the Inheritance of the Crown and of the Realms of England and France and of all other the King's Seigniories or Lordships beyond Sea with the appurtenances be put and remain in the Person of the said King and the Heirs of his Body issuing and 't was ordain'd established pronounced expressed and declared that Prince Henry the King 's eldest Son be Heir apparent to succeed him in the said Crown Realms and Seigniories to have them with all their Appurtenances after the King's decease to the Prince and the Heirs of his Body with Remainders over to the King 's 2 d and 3 d Sons and the Heirs of their respective Bodies successively And according to this Form 1 H. 7. 't was ordain'd established and enacted by Authority of Parliament that the Inheritances of the Crowns of the Realms of England and France with all the preheminence and dignity Royal to the same appertaining and all other Seigniories belonging to the King beyond Sea with the Appurtenances in any manner due to them or appertaining do stand and remain in the most noble Person of their said Sovereign Lord H. 7. and the Heirs of his Body lawfully issuing for ever with the Grace of God to endure and in no other Persons Not to trouble Mr. M. with an enquiry whether these or any other Acts of Parliament in England of former Reigns united Ireland to England otherwise than as they declared their intention for that Seigniory or Dominion to go along with the Government of England or what Act of Parliament in Ireland since the first submission to H. 2. created an Annexation of the Land of Ireland to the Crown of England I must entreat him to explain How it should come to pass that the King of England ipso facto by his being made King here is King of Ireland and yet that those Acts of Parliament here by which the King is declared King without and against a strict courst of descent are of no force till the King is recognized by Act of Parliament in Ireland If a King of England as such is ipso facto King of Ireland is he not so before any Act of Recognition there And if so what can that or other Acts repeating the Laws made in England signify more than a full publication of what was the Law before If the Election or Declaration of a King by a Parliament in England gives a Law in this matter to Ireland and such a King is to be obey'd by virtue of that Law ipso facto before he is received and acknowledged by a Parliament in Ireland do their subsequent Recognitions in the least infer that Ireland is a compleat Kingdom Is it any better than a Contradiction to hold that a King of England as created or declared in a Parliament of England is thereby or at the same instant King of Ireland and yet that Ireland is a Kingdom so compleat in it self that he is no King till the Act of Parliament creating or declaring him King is confirm'd by a Parliament in Ireland Or take it the other way No Act of Parliament in England is of any force till confirmed in Ireland and yet a King declared by a Parliament of England tho he was not King before such declaration is thereby or ipso facto King of Ireland that is an Act of Parliament of England is not of force in Ireland till confirm'd there and yet 't is of force ipso facto by the being enacted here Does it not therefore follow that such an annexation of Ireland to the Crown of England as makes the King of England ipso facto King of Ireland destroys the supposition that their Parliaments have Authority to confirm or reject Laws made by the Legislature in England Or otherwise that the supposition of such an Authority in the Parliament of Ireland destroys that annexation which Mr. M. himself yields Further yet 't will appear that even after a Parliament of Ireland had as far as it could annex'd that Land as a Kingdom to the Imperial Crown of England an Annexation here was requisite for the ratifying what had been done in Ireland Therefore 34 and 35 H. 8. an Act was made by the Parliament of England for
the Crown of England since as King he could have no other Heir But as this may manifest that the Parliament which made John King of Ireland design'd him no more than a subordinate and vicarious Authority 't is plain he himself did not think he had more in the Seal which he used he stiled himself Son of the King Lord or who is Lord of Ireland Nor is there the least footstep of any Coronation Oath taken by John as King of Ireland or that he ever wore an Irish Crown Notwithstanding that share in the Government of Ireland which John had in his Father's life-time Ireland upon the Father's death fell to R. 1. and the Archbishop of Dublin was assisting at his first Coronation before he went to the Holy War Nor did John ever pretend to be King of Ireland while R. 1. lived more than of England which having attempted while his Brother was in Foreign parts far remote upon his Brother's return he was by Parliament deprived of all his Honours and Fortune And thus at least he lost his suppos'd Royalty of Ireland if it did not expire upon the death of H. 2. and this shews how rightly Polidore judged in calling him Regulus or Viceroy I will therefore admit Mr. M's supposal that R. 1. had not died without Issue but his Progeny had sat on the Throne of England in a continued succession to this day but cannot admit the other part of his supposal that the same had been in relation to the Throne of Ireland since John never had such Throne either before he was King of England nor after and therefore I may well conclude that the subordination of Ireland to the Parliament or even to the King of England need not arise from any thing that followed after the descent of England to King John Nor indeed was John King either of England or Ireland by descent but that Election of the States of the Kingdom of England which made him their King preferring him before Arthur an elder Brother's Son drew after it the Lordship of Ireland as an Appendant to the Crown of England And however if H. 2. had not sufficiently brought the Irish under the English Laws John did after he came to be King of England In the 9 th of his Reign he imposed Laws upon them in a Parliament of England not indeed without the desire and counsel of such English Lords who had Lands in Ireland but then their consent would have been involved in the consent of the majority here tho those Lords should have expresly dissented But the Authority was derived from the consent of the King 's faithful People which is mentioned as distinct from the desire or petition which occasioned the Law then made in a Parliament of England for the expelling Thieves and Robbers out of the King's Land of Ireland For the effectual execution of this Act of Parliament King John's Expedition seems to have been undertaken the next year when he entirely subdu'd his Enemies and confiscated the Estates of some of the English great Men in Ireland Which Confiscation seems to have been after his return to England but before that or at some other time in his Reign he made a Law in Ireland which he commanded to be observed there That all the Laws and Customs which are in force in England should be in force in Ireland and that Land be subject to the same Laws and be govern'd by them This was before any pretence to their having any Charter for a Parliament other than the supposed sending over the modus tenendi Parl. by H. 2. and is before the time that Mr. M. takes a regular Legislature to have been established among them Therefore according to himself we must repute them to have submitted not only to such Laws as had before that time been made in Parliaments of England but such as should be made till they of Ireland should have the establishment of a regular Legislature However Mr. M. will have it that John gave Laws to Ireland not as King of England but as Lord of Ireland and forms a pretty sort of an Argument from the stile of Lord of Ireland as if this were an Argument that 't is not dependent upon the Crown of England so excellent a faculty has he of making contraries serve his purpose But 't is very unlucky that John's retaining this stile is not only an Argument that Ireland is a Dominion or Land appendant to the Crown of England but that John was never King of Ireland which he would certainly have kept up as a distinct Interest if he ever had such a Title separate from the Crown of England H. 3. being made K. of England by the like choice of the States which preferr'd him before Arthur's Sister as they did John before the Brother in concurrence with these States truly acted as Lord of Ireland as might be shewn by numerous Instances In the 18 th of his Reign upon matters signified to him out of Ireland he summoned the Archbishops Bishops Earls Barons and all the great Men or Nobility of the Kingdom of England to a Parliament at London to treat about the State of his Kingdom and of his Land of Ireland And in the 21 of his Reign he sends a Writ to the Archbishops and others of Ireland acquainting them that by the common consent of the Archbishops Bishops Abbots Earls and Barons of the Kingdom of England alterations of the Law of England were enacted as to the Limitations of several Writs which were then required to be observed in Ireland in pursuance of the Statute of Merton In the 37 th of his Reign an Irish man having pleaded that he and his Brother and their Ancestors had always bin faithful to the Kings of England his Predecessors and served them in the CONQUEST OF THE IRISH they are by peculiar licence under the Great Seal of England admitted to enjoy by descent as Englishmen Which was an alteration of the Law and Custom of Ireland as to those particular Persons without any Act of Parliament there Indeed but four years after 't is recorded that 't was long before and many Ages past which must reach beyond the Expedition of H. 2. provided and yielded by the assent and desire of the Prelats and great Men of the Land of Ireland that they should be bound by the Laws us'd in the Kingdom of England Yet the same Record restrains this to the consent of only the English of the Land of Ireland However 't is beyond dispute that the English Laws both made and to be made in England were then held to reach as far as the English Interest in the Land of Ireland and this according to the Record 18 H. 2. above referr'd to was provided de communi Consilio Regis by the King 's Common Council tho by what
Council it must have been provided will more fully appear afterwards I may here explain it by an Instance in that Reign All must agree that the Provisions of Oxford in the 43 d of H. 3. and referr'd to in the Records of the next year were made in as true a Parliament as any in that Reign before the 49 th 't is call'd a Parliament by good Authors and the word is used in the Records of the next year in relation to a meeting on the Borders of Wales The Ordinances and Provisions made at Oxford were drawn up by 12 chosen by the King and 12 by the Commons concerning which the Record has these words Anno ab incarnat domini 1259. Regni autem H. Regis fil Regis J. 43. in quindena St. Mic. conven ips domino Rege magnatibus suis de communi consilio consensu dictor Regis magnatum factae sunt provisiones per ipsos Regem Magnates In the year from the incarnation of our Lord 1259. but of the Reign of K. Henry Son of K. John the 43d the said King and his great Men being assembled in the Quinzism of St. Michael Provisions were made by the Common Council and consent of the said King and great men And yet some of the Entries in the same Roll mentioning Provisions then made are per magnates nostros qui sunt de consilio nostro By our great Men of our Council Others Per magnates de Consilio meo By the great Men of our Council As if 't was by the sole Authority of the King and such noble Men as were of his Privy or Private Council wheâ— those Provisions were certainly made in full Parliament and this was the Council from whence Ireland then receiv'd its Laws However from a Charter in the first of that King's Reign Mr. M. would infer that the English there had their independent Parliaments then established or confirmed tho he afterwards admits that during that King's Reign they might have been bound by Laws made here for want of a regular legislature establish'd amongst them The Charter or rather Writ with which a Charter was sent runs thus Rex Archiepisc Episc Abbatibus Comitibus Baronibus Militibus omnibus fidelibus suis per Hiberniam constitutis salutem fidelitatemvestram in Domino commendantes quam Domino Patri nostro semper exhibuistis nobis estis diebus nostris exhibituri volumus quòd in signum fideliâ—aâ—is vestraetam praeclarae tam insignis libertatibus Regno nostro Angliae à patre nostro nobis concessis de gratiâ nostrâ dono in Regno Hiberniae gaudeatis quas distinctè in scriptum reductas de'communi consilio omnium fidel nostrorum vobis mittimus signatas Sigillis Domini nostri G. Apostolicae sedis Legati fidelis nostri Comitis Mareschalli Rector is nostri regni nostri quia sigillum nondum habuimus easdem processu temporis de Majori consilio proprio Sigillo signatur Teste apud Glost 6. Feb. The King to the Archbishops Bishops Earls Barons Kts. and all our faithful Subjects constituted throughout Ireland Health Commending your fidelity in the Lord which you always shewed to your Lord our Father and are about to shew to 〈◊〉 in our days we will that in sign of your fidelity â—o remarkable so eminent you enjoy in our Kingdom of Ireland the Libâ—rties granted to our Kingdom of England by our Father us which distinctly reduced into Writing we send you by the Common Counsel of all our faithful People Sealed with the Seals of the Lord G. Legate of the Apostolick See of our faithful Subject W. Earl Marshal Regent of us and our Kingdom because we have not yet a Seal intending in process of time by consent of a greater Counsel to seal them with our own Seal Teste at Gloster 6. Feb. How specious soever this may seem 't will neither prove Ireland to have been a Kingdom so early nor to have had a grant of the English Liberties in the same manner as the English enjoyed them that is so as to have no Law imposed upon them without their express and immediate consent to that very Law For 1. 'T is not to be suppos'd but that if Ireland had been a Kingdom before this Charter H. 2. and other Kings of England would have stiled themselves Kings of Ireland rather than Lords because of the greater Dignity of Kingship unless Lord was chosen as implying more absolute Power which would argue that Ireland did not enjoy the English Laws with equal Freedom 2. This Writ mentions no Liberties granted to Ireland but what had been granted to England which besides the improbability that Ireland should 1 H. 3. have a Charter of the same form with that which did not pass in England till 8 Years after shews the spuriousness of the suppos'd Charter preserved in the red Book of the Exchequer at Dublin as dated the November before the Charter sent the 6th of February and however the constant method of sending Laws from hence to be applyed to the use of the Irish without any alteration may sufficiently detect that Charter which has the City of Dublin instead of London 3. The method of sending to Ireland the Laws made here besides what appears upon the face of the Record 6. Feb may satisfie any Body that 't was only a Writ which went along with a Charter or Charters of Laws passed in Parliament here 4. This Writ was before any confirmation of the English Liberties by H. 3. other than general at his Coronation and therefore bating such Confirmation the Charter of Liberties then sent into Ireland must have been King John's which if it be read according to the due distinction of Periods and that Translation which the course of Records both before and after enforces and which the prevalence of Truth has obliged Dr. Brady to yeild to the giving up his whole Controversie with Mr. Petyt and the Author of Jani Anglorum Facies Nova makes express Provision for the City of London all Cities Burroughs and Vills of the Kingdom of England to enjoy all their Liberties and Free-Customs and among the rest to be of or to be represented in the Common Council of the Kingdom But Ireland had no City of London to claim this Privilege nor could any City of Ireland be included any otherwise than as part of the Kingdom of England and therefore subject to the Laws which should be made here 2. This could not be as extensive to Ireland as 't was to England since it could not have extended beyond the English Pale there and such particular Districts as enjoy'd the English Laws of special Favour Therefore the Charter then sent by H. 3. could as to this Matter be no more than a Memorial of that Supreme Law according to which England with all the Dominions belonging to it was
Parliaments of its own as free and independent as England or that it should be governed by the Laws made and to be made by England Mr. Molineux confesses that H. II. within five years after his Return from Ireland created his younger Son John King of Ireland at a Parliament held at Oxford he might have learn'd from the same Authority that in that Parliament he not only disposed of several petty Kingdoms there to hold of him and John his Son but Hoveden has these words which comprehend Lands as well as Governments Postquam autem Dominus Rex apud Oxenford in praedicto modo terras Hiberniae earum servitia divisisset fecit omnes quibus earundem custodias commisserat homines suos Johannis filii sui devenire But after the Lord the King had at Oxford in manner aforesaid divided the Lands of Ireland and their Services he caused all those to whom he had committed the Custody of them to do homage to him and his Son John to swear Allegiance and Fidelity to them Bromton says Apud Oxoniam idem Rex Angliae Johannem filium snum coram Episc regni sui Princip Regem Hiberniae constituit Et postea fecit quosdam familiares suos sibi Johanni filio suo ligantias fidelitates homagia contra omnes homines facere jurare Quibus terras Hiberniae dedit distribuit in hunc modum c. At Oxford the said King constituted his Son John King of Ireland before the Bishops and Princes of his Kingdom And afterwards he made some of his Courtiers to do and swear Allegiance Fidelity and Homage to himself and his Son John against all men To whom he gave and distributed the Lands of Ireland in this manner c. If what the King did in a Parliament was a Parliamentary Act here was an Act of the English Parliament which by Mr. Molineux's Confession impos'd a King upon Ireland to whom they had not sworn any otherwise than as they swore to submit to the English Laws and he should have observed that herein according to his own inference of the making Ireland a separate Kingdom the English Parliament undertook to discharge the Oath which the Irish had taken to be true to H. 2. and his Heirs and sutably to the Legislative Authority over Ireland in this Particular the same Parliament at Oxford disposed of and distributed the Lands of Ireland without expecting any Ratification from thence Here 's a Parliamentary and cotemporary Exposition of what this Gentleman calls the Original Compact between England and Ireland I must agree tho he has not observ'd it that notwithstanding H. Il's Acquisition in Ireland an Irish Native had quiet possession of a Kingdom which he seem'd to claim as chief King over the Irish This was Roderic King of Connaught who upon paying his Tribute and performing his appointed Service was according to Hoveden to hold his Land as he held it before H. II. enter'd Ireland which could not be true in a strict sense unless he were dependent upon the Crown of England before and however this was a Grant after a more absolute Acquisition and three years after Girald holds as do the Irish Statutes that he had conquer'd the whole Land of Ireland Abbat Benedict an Author of that time to be seen in the Cotton Library speaking of H. II. says Concedit Roderico ligio suo Regi Conautae quamdiu ei fideliter serviet ut sit Rex sub eo paratus ad servitium suum salvo in omnibus jure honore Domini Regis Angliae suo He grants to Roderic his Leige-man King of Connaught that as long as he faithfully served him he should be a King under him ready for his Service saving in all things the Right and Honour of the Lord the King of England and his As it appears by Record by the 7 th of King John the King of Connaught had two thirds duly taken from him for not performing his Service or else he never had more than a third of that Kingdom granted for then he acknowledged that he held a 3 d part in the name of a Barony and for the other two thirds proffers the King Duos Cantredos cum Nativis eorundem Cantredorum de praedictis duabus partibus ad firmandum in eis vel faciendum inde voluntatem suam Two Cantreds with the Natives of those Cantreds to let 'em to farm or to do with them what he pleased Thus I take it his Kingdom was as much dependent upon the Crown of England as any Barony in Ireland or England and as subject to Forfeiture And 't is probable that this King was the head of the O Conoghors of Connaught who are 3 E. 2. admitted to be entituled to the English Law But tho the Law of England was not current beyond the English Pale or those Cantreds and Divisions of Irish who continued under Obedience to the English yet the Crown of England has from very antient times not only laid claim to the Lordship over the whole Land of Ireland but their Parliaments have recognized this Right more than once Mr. M. if he had pleased might have found that Acts of Parliament made in Ireland lay a much earlier Foundation of the Right of the Crown of England to the Land of Ireland even than our Confessor's Law does A Statute made in Ireland 1 Eliz among sundry Titles which the antient Chronicles in the Latin English and Irish Tongues alledge for the Kings of England to the Land of Ireland derives one from Gormond Son of Belin King of Great Britain This King our Historians call Gurgunstus and is said to have reign'd in Great Britain 375 years before the Christian Aerd Grafton agreeing with the Irish Statute tells us that in his return from Denmark he met with a Fleet of Spaniards which were seeking for Habitations to whom the King granted the Isle of Ireland to inhabit and to hold of him as their Sovereign Lord. The Statute made in Ireland 13 C. 2. recognizing his Title has these words Recognitions of this nature may seem unnecessary where your Majesty's Title to this your Realm is so clear as that it is avowed in sundry Acts of Parliament heretofore made within this Kingdom in the times of your Majesty's Royal Progenitors of famous memory and SO ANTIENT AS IT IS DEDUCED NOT ONLY FROM THE DAYS OF KING H. 2. your Majesty 's Royal Ancestor BUT FROM TIMES FAR MORE ANTIENT AS BY SUNDRY AUTHENTICK EVIDENCES MENTIONED IN THE SAID ACTS AND RECORDS OF THIS YOUR MAJESTY'S KINGDOM MAY EVIDENTLY APPEAR Since Mr. Molineux allows Acts of Parliament made in Ireland to have full Authority I hope he will confess that he has given a very imperfect and undue account how Ireland became a Kingdom annexed to the Crown of England and thus not here to observe that he need not have gone
imply that there is no Subordination 't will follow that the Inferior Courts in England are not subordinate to the Courts of Westminster-Hall and I may add neither is the King's Bench of England subordinate to the House of Lords As to the question of their Jurisdiction occasioned as Mr. M's Margin has it by the Case of the Bishop of Derry I need say little here referring him to the Judgment of the Lords and to that exercice of the Judicial Power which I shall have an opportunity of shewing in the Reign of E. 1. But as to his supposed clear Argument against the subordination from the Lords doing nothing upon the Petition of the Prior of Lanthony who appeal'd to the Parliament of England from a refusal of the King's Bench here to meddle with a Judgment which had pass'd in the Parliament of Ireland 'T will admit of several Answers 1. This came not before the Lords by Writ of Error or by Appeal from the Lords of Ireland but was a complaint of the King's Bench here 2. This was after the Charter which I shall afterwards shew placing a judicial Power to some Purposes in their Parliaments But whether they exceeded that Authority 't was not for the King's Bench to judg but for that Power from whence their Charter was derived 3. This Petition seems either to have come too late or to have been waved for if it had fallen under consideration 't is probable that some Answer to it could have been endors'd as was usual in former times But that the ordinary Jurisdiction both of the Lords in Parliament and of the King's-Bench here is but an incident to the Superiority of the Crown of England will be much clearer than any thing Mr. M. has urged And whatever Mr. M. conceives the Annexation of Ireland to the Crown of England will sufficiently manifest the Subordination tho he supposing that this was done by the Irish Statute which annexes it as a Kingdom with others which declare it annex'd as a Land or Dominion of a lower Character conceives little more is effected by these Statutes than that Ireland shall not be aliened or separated from the King of England who cannot hereby dispose of it otherwise than in legal Succession along with England and that whoever is King of England is ipso facto King of Ireland But if these Statutes bating the name of Kingdom which the Parliament of England afterwards gave them are only declaratory of the antient Right of the Crown of England then I may well hold that there is not so much effected by these Statutes as he yields it being only the operation of Law And if by operation of Law a King of England tho not succeeding by a strict Right of Descent but by the Choice or Declaration of the States of this Realm is ipso facto King or Lord of Ireland I would gladly know how that Kingdom or Land which he owns to be thus inseparably annex'd to the Imperial Crown of England can be a compleat Kingdom And since he is pleas'd to ask whether multitudes of Acts of Parliament both of England and Ireland have not declared Ireland a compleat Kingdom and whether 't is not stiled in them all the Kingdom or Realm of Ireland I would entreat the favour of him to shew me one Act of Parliament of either Kingdom which says or all Circumstances consider'd implies that Ireland is a compleat Kingdom or that ever any Parliament of their own held it to be advanced to the Dignity of a Kingdom before 33 H. 8. tho as they acknowledg the Kings of England had Kingly Power there long before I must own that as the name of King was in H. 8's time thought requisite to charm the wild Irish into Obedience so in Queen Elizabeth's time Imperial Crown was thought to make a conquering Sound but this was never ascribed to it by any Parliament of Englandâ— nor that I can find even of Ireland before her Reign or since But the one Imperial Crown upon which Ireland has been and still is dependent is the Crown of England sor this the Statute of Ireland before that was made a Kingdom is express having these words Calling to our remembrance the great Divisions which in time past have been by reason of several Titles pretended to the Imperial Crown of the Realm of England whereunto this your Land of Ireland is appending and belonging So another in the same Year Forasmuch as this Land of Ireland is depending and belonging justly and rightfully to the Imperial Crown of England it enacts that the King his Heirs and Successors Kings of the Realm of England and Lords of this said Land of Ireland shall have and enjoy annexed and united to the Imperial Crown of England all Honours Dignities Pre-eminencies and Authorities c. belonging to the Church of Ireland If Mr. Molineux observes duly Ireland has all these Imperial Rights declared in the Irish Statute 33 H. 8. c 1. but I cannot find by what Rule he insers this from an Act of Parliament which is express that the King of England shall have the Name Stile Title and Honour of King of Ireland with all manner of Preheminencies c. as united and knit to the Imperial Crown of the Realm of England Indeed it shews that under the name of Lord the King had the same Authority but the name of King was thought likely to be more prevalent with the Irish Men and Inhabitants within that Realm The Statute 11 Jac. 1. declares him King of England Scotland France and Ireland by God's Goodness and Right of Descent under one Imperial Crown And the Statute 10 C. 1. calls this the Imperial Crown of England and Ireland And indeed Mr. Molineux would do well to shew that ever any of our Kings took any Coronation Oath for Ireland otherwise than as Kings of England And yet I know not what he may do when his hand 's in since he has the Art to transubstantiate their Recital of an Act of Parliament in England which declares that Popes had usurped an Authority in derogation of the Right of the Imperial Crown of the Realm of England recognizing no Superiour under God but only the King and being free from Subjection to any Man's Laws but only such as have been devised made and ordain'd within the Realm of England or to such other as by sufferance of the King and his Progenitors the People of the Realm of England had taken at their free Liberty by their own Consent to be used among them and have bound themselves by long Custom to the observance of the same To infer that 't is thus with Ireland because the enacting part of that Statute which has this Recital is promulged for a Law in Ireland is to suppose Ireland to be turned into England and that the Commissioners who are by virtue of that Act and the Great Seal to exercise that
King's Realm of England and of Ireland And it enacts the form of a Writ upon that Statute which was to be current in Ireland upon several accounts 1. By the Letter of that Law which was ordain'd for the Benefit of Merchants in Ireland as well as in England 2. If it had not been named the being transmitted to Ireland from a Parliament here was a sufficient ground for their observing it 3. Such observance was included in the terms of their Submission above one Hundred Years before 4. The Writ without any particular Provision became a legal and current Writ in Ireland by virtue of an Act of Parliament here 30 H. 3. which for the common Profit of the Land of Ireland and unity of the King's Lands provided that the Common Law Writs should have the same currency in Ireland that they have here Without enquiring what Records they have in Ireland of Statutes Staple from the 13 th of E. 1. when this Statute which settled them was sent thither 't is certain that from that time the English in Ireland were bound by it and so held to be in subsequent Statutes of this Realm confirming this Statute or supplying its defects But what pity 't is that neither Judge Bolton nor Mr. M. thought of an Act of Parliament in Ireland to confirm that Statute 12 E. 1. This was enacted in the Year 1284. which was above 350 Years before that fatal Aera of Innovations 1641 from whence it seems Calamities of all kinds are to be dated But I should think here is at least one positive Precedent before that time of an English Act of Parliament's binding the Kingdom of Ireland And to me it seems as plain that in the Judgment of the Parliament 13 E. 1. Ireland tho not named was bound by a Statute made here for which I shall refer him to the Interpretation then made of the extent of the Statutes of Gloster which had been enacted in the 6 th of that King's Reign Some would think those Statutes to have been no more than Ordinances made by the King and his Counsel only and that our Kings thus made Ordinances of that kind some may gather from Fleta who speaks of the King's Counsel in which not only erroneous Judgments were corrected but new Remedies provided yet Fleta speaks this of the King's Counsel in his Parliaments and thus tho' the Statute of Westm 2. seems to restrain the making that of Gloster to the King and his Council the Statute of Gloster it self shews that the Counsel was to be taken as acting in conjunction with the Prelates Earls and Barons and that under the word Barons the Commonalty were included as as lower Nobility or dignified by their Election to Parliament accordingly the Statute of Gloster says suitably to latter Writs of Summons the more discreet of the Kingd as well Great as Small were Summon'd So that the Statutes of Gloster were made as other Statutes 3 E. 1. by that King's Counsel and by assent of the Commonalty where the Lords were manifestly included under the word Counsel agreeably to the ancient form of Writs of error or other Writs returnable into Parliament before us and our Counsel in our Parliament or at our next Parliament after or at such a time there to do what the King shall think fit to ordain by advice of his Counsel For evidence that this did not exclude the Lords I may refer to the Roâ—â—s of Parliament of several Reigns and particularly to those of the 20 th and 21 st of E. 3. In the 20 th the Commons are desired to deliver such Petitions as were then ready to the Clerk of the Parliament which Petitions are said to be brought before the Great Men of the Counsel That they were but of the nature of a Committee to inform the King and Lords of the Bills or Petitions which came from the Commons appears by the Proceedings of the next Year when the Commons having made Petitions of an extraordinary nature the King answers He will advise with the Lords To return to the Statute of Gloster there the King by such advice as I have shewn made Laws for the amendment of his Realm and for the plenary exhibition of Right as the profit of the Regal Office requires and to remedy mischiefs dammages and disherisons suffer'd by the People of the Realm of England without the least mention of Ireland And yet we have the judgment of the Parliament in the 13 th of that King that Ireland was within the remedy of that Statute as part of the Realm of England as appears by this Preamble Where of late our Lord the King in the Quinzisme of St. John Baptist the Sixth of his Reign calling together the Prelates Earls Barons and his Counsel at Gloucester and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had there was none provided by him nor his Predeceâ—sors ordained certain Statutes right necessary and profitable for his People whereby the People of England and Ireland under his Government have obtained more speedy justice in their oppressions than they had before and certain Cases wherein the Law failed remain undetermined and some remained to be enacted that were for the reform of the oppressions of the People Our Lord the King in his Parliament after the Feast of Easter holden the 13 th of His Reign at Westminster caused many Oppressions of the People and defaults of the Laws for the supply of the defects of the said Statutes of Gloster to be rehearsed and made Statutes as will appear here following This rehearsal of the Grievances was for certain by the Petition of the Commons of this Realm and the Statutes there made as the Register of Writs has it were by the Common Counsel of the Kingdom And this Counsel not only declared Laws which were binding to Ireland but made new tho' Mr. Molineux will have it that from the time of Magna Chata to the 10 th of H. 7. no Laws were or are in force in Ireland unless allowed of by Parliament in that Kingdom except only such as are Declaratory of the Common Law of England and not Introductive of any new Law And whereas he is pleas'd to say As to such English Statutes as seem to comprehend Ireland and to bind it under the general words of all his Majesty's Dominions or Subjects whatever has been the opinion of private and particular Lawyers in this Point I am sure says he the Opinions of the Kings of England and their Privy Council have been otherwise I may say upon much better grounds if any King and His Privy Council did any thing to Warrant this Assertion the Judgment of E. 1. and His Council in Parliament was to the contrary and is of greater Authority And 't is to be remembred as I before shewed that
was lost they direct an enquiry with declared disposition to have it renewed 6. These Boroughs whether holding of the Crown in chief or of Great Lords were either Baronies or parts of Baronies upon the account of Knights Service or Honors by reason of other free Tenures and their Charters that they should hold freely and honourably as many of them run and thus the Members in Parliament who serv'd for these Baronies or Honours were part of the Baronage of the Kingdom Not but that sometimes Barony and Honour are used without distinction concerning them and thus that ancient Borough of Barnstaple which held of the Lord Tracy is in the same Record call'd both a Barony and an Honour Which Honour as appears by this instance was not limited to immediate Tenure of the Crown and that this was not derived from the grant of a reputed Conqueror might be proved by numbers of Authorities of which I shall here content my self with one out of Doomesday-Book In Norwic erant temp E. MCCCXX Burgenses c. Tota haec villa reddebat TRE 20 l. Regi Comiti 10 l. In novo Burgo XXXVI Burgenses and VI Anghci De hoc toto habebat Rex 2 partes Comes tertiam modo XLI Burgenses Franci in dominio Regis Comes Rogerus Bigot habet L. sic de aliis Tota haec terra Burgensium erat in Dominio Comitis Rad. concessit eam Regi in commune ad faciendum Burgum inter se Regem Ut testatur Vicecomes In Norwich there were in the time of Edward 1320. Burgesses All this Town in the time of King Edward yielded the King 20 l. and the Earl 10 l. In the new Borough there were 36 Burgesses and six of them English Of all thus the King had two parts and the Earl the third Now there are 41 Burgssses in the Kings demeasn and Earl Roger Bigoâ— has 50. and so of others And this Land of the Burgesses was in Earl c Ralphs Demeasâ— and he granted it to the King in common to make a Borough between him and the King As the Sheriff attests This Earl was Ralph Guader or Wader who continued Earl of Norfolâ— or at least of Norwich from within the Confessor's Reign till the 9 th or 10 th of W. 1. 7. The Freemen or at least they who had Borough holds in these or in some of them are in Doomsday-Book called Barons as particularly in the Borough of Warwick Et in Burgo de Warwic habet Rex in Dominio suo CXIII Domus Barones Regis habent CXII de quibus omnibus Rex habet geldam And in the Borough of Warwick the King has in his demeasm 113 Hoâ—ses and the Kings Barons have 112. of all which the King has Aid 8. They who were interested in the Government of these Boroughs and had Right to look after their common concerns could not but be Barons as properly as the Free hold Tenants of Lords of Mannors Freeholders who were Judges in the County Courts and the Freemen of London who are call'd Barons in several Records and other undoubted Authorities and the Barons of the Cinque Ports Of Dover in particular Dooms-day Book says in the time of King Edward it yielded 18 l. of which King Edward had two parts and Earl Godwin the 3. And a Charter c to this Port in the beginning of King John's Reign confirms to his Men of Doura the Confessor's Charter together with the Charters of W. 1. and other Kings after the reputed Conquest 9. If 't is to be thought that no Citizens and Burgesses were at the Parliament 17 E. 1. because no Summons appears for other Commons besides the Knights of the Shires by the same reason 't is to be thought that none of the Great Lords were there no Summons to them appearing 10. In the Writs for chusing Knights of the Shires there was no occasion to mention the choice of others and thus 12 E. 2. Only the Earls Barons and Commonalty of the Counties are spoken of as granting an 18 th part of their Goods but they would be very much deceiv'd who should think that no others were at that Parliament for the same Record shews that the Clergy granted a 10 th and the Cities and Boroughs a 12 th 11. 'T is very probable that at that time the Cities and Boroughs had the Writs directed to them in particular to be return'd by their Headborough or other Officer or else by the Community there Thus in the 14 th of King John a Summons to the Army is sent to the Headborough and Honest Men of Canterbury so to Dover Rochester Gildford and a great many other Places And the very next Year particular Writs are sent to the Honest Men of Canterbury the Mayor and Barons of London the Mayor and Honest Men of Winchester c. and so to all the Boroughs and Demesns of the Crown not only referring them to the Justice or Custos of the Realm but desiring an Aid of them which Mr. M. must agree to have been desired in as true a Parliamentary Meeting as those which he cites of the time of H. 3. in relation to Ireland This I hope may not be thought an unprofitable digression from the supposed Ordinance 17 E. 1. but may sufficiently evince by what Authority it must have been made if there were any such of that time and that the King and his Counsel pretended not to settle the State of a Dominion annex'd to the Crown of England without consent of the States But tho' the King's Counsel did not then act in Parliament matters otherwise than Parliamentarily yet 't is certain that they did exercise an Ordinary Jurisdiction in relation to Ireland as well as to England either as Committees or Tryers of Petitions appointed by the Lords or otherwise tho' the bringing a Cause from the Lords in Ireland to the House of Lords here is one of the circumstances in the present juncture of Affairs which seems to require Mr. M's learned Disquisition In the Bundle of Petitions to the Parliament in the time of E. 1. there are some endorsed as broâ—ght before the King some before all the Council and as the Method of following times explains this Matter there had been appointed Receivers and Tryers of Petitions concerning Ireland for several are receiv'd from thence and authoritatively Answered There 's one from Jeffery de Geymul who complains of the Barons of the Exchequer in Ireland for sending within his Jurisdiction a Commission of enquiry who Sold Pollards to the prejudice as he alledged of the Franchise which H. 2. had granted to the Ancestors of his Wife Maud de Lacy. This Commission was manifestly founded upon the Record of the Statute made here as is shewn above enrolled in the Exchequer of Ireland by Order from hence This the Barons there obey'd and held that by Virtue of that they might cause Commissions of Enquiry to
be executed even in Palatinates nor does it appear that the King's Council in Parliament disallowed of their Proceeding â— for nothing was done upon this â—etâ—tion any more than referring it to the next Parliament In the Case of one Allen Fitzwaren they Ordered a Writ from the Chancellor of England to require the Justice of Ireland to examine whether a Judgment about Title of Land had been given while a Man was absent and under the King's Protection requiring that if any thing was done contrary to Protection it should be amended in due manner And as the Lords in Parliament then exercis'd a Jurisdiction over Ireland it appears that out of it the High Admiral of England had Conuâ—ance of all maritime Causes as well throughout Ireland as England from the time then beyond the memory of Man which must relate to the general Prescription which is at this day as far since as the beginning of R. 1. Son to H. 2. That during the Reign of E. 1. Irel. was govern'd as a part of England or appurtenant to it and that the Laws made here wanted no other Publication than what was in obedience to the Great Seal of England affixed to Writs and Charters or Exemplifications of our Acts of Parliament by Authority from hence I think may be beyond dispute which might excuse my not dwelling upon the unfortunate Reign of E. 2. and yet there are some evidences not to be neglected of England's being then possess'd of its ancient Authority over Ireland and that tho' at least from the 3 d. of that King's Reign Mr. M. supposes that they had a regular Legislature in Ireland In the 10 th of that King the English in Ireland petitioned him for a Constitution that a Parliament should be holden there once a Year Upon this and other things then desired the King under the Great Seal of England commands the Justice of Ireland to Summon a Parliament there to consider what was sit to be done and to certifie the result into England upon which the King declared that he would by the advice of his Counsel ordain what should be sitting but nothing more appears of that matter which was the farthest step towards settling an Annual Parliament in Ireland In the 12 th of that King an Act of Parliament was made in England with this Preamble Forasmuch as divers People of the Realm of England and of the Land of Ireland have hereto fore many times suffered great Mischiefs Damage and Disherisons by reason that in some Cases where the Law failed no Remedy was ordained and also forasmuch as some points of the Statutes heretofâ—re made had need of Exposition our Lord King Edward Son to King Edward desiring that full Right may be done to his People at his Parliament holden at York the third Week after the Feast of St. Michael the 12th Year of his Reign by the Assent of the Prelates Earls Barons and the Commonalty of his Realm there assembled hath made these Acts and Statutes following the which he willeth to be observ'd in his said Realm and Land Though Ireland is in some sense part of the Realm of England yet here 't is distinguished as a Land intended to be bound tho it had no Commonalty of its own to represent it in Parliament and there is new Remedy provided where the Law had failed as well as the explaining what was Law before that part at least which creates a Forfeiture of Wine and Victuals sold by any Officer appointed to look after the Assises of them was absolutely new This Statute was transmitted to Ireland by the following Writ under the Great Seal of England and the Name of the Party who received it is enter'd upon Record Rex Cancel suo Hibern ' Salutem Quaedam statuta per nos in Parl. nostro nuper apud Ebor ' convocato de assensu Prel Com. Bar. totius Communitatis regni nostri ibid ' existentis ad Commun util regni nostri ac terrae Hibern ' edita vobis sub sigillo nostro mittimus consignata Mandantes quod Stat illa in dicta Cancel lariâ custodiri ac in rotulis ejusd Cancel irrotulari sub sigillo nostro quo utimur in Hiberniâ in forma patenti exemplificari ad singulas placeas nostras in ter praed singuloâ— comitat ejusd ter mitti facias brevia nostra sub dicto sigillo minist nostris placearum illar Vicecom dict Com. quod statuta illa coram ipsis publicari ea in omnibus singulis suis artic quantum ad eor singulos pertinet â—irmiter faciant observari Teste R. apud Clarendon 10 die Sept. An. quarto decimo The King to his Chancell of Ireland Greeting We send you under our Great Seal certain Statutes made by us in our Parliament lately called together at York with the Assent of the Prelates Earls Barons and all the Commons of our Kingdom there assembled for the Common Vtility of our Kingdom and Land of Ireland Commanding you that those Statutes be kept in the Rolls of the said Chancery to be enroll'd and exemplified in the Form of a Patent under our Seal which we use in Ireland and thaâ— you cause it to be sent to every one of our Places in the said Land and every County of the same And our Writs under our said Seal commanding our Officers of those Places and Sheriffs of the said Counties to cause those Statutes to be published before them and in all and singular their Articles which to every one of them appertain to be firmly observ'd Teste the King at Clarendon the 10th of Sept. in the 14th of his Reign In the same Roll there 's another Writ of the same Form dated at Nottingham 20 Nov. sending to the Chancellor of Ireland the Stature of York and another made before at Lincoln These Entries explain the general Transmissions and shew what was to be done by the Justice of Ireland in order to the publication of Laws made in Parliaments here and sent to him but yet he had no need nor authority to call a Parliament in Ireland for the publishing any Law made here unless particularly required under the Great Seal of England Yet I cannot but admire the force of Mr. M's Imagination in framing an Argument on that very Year that those Statutes were sent to Ireland That the Parliament of England did not take upon them to have any jurisdiction in Ireland because the King sent his Letters-Patents to the Lord Chief Justice of Ireland commanding that the Irish Natives might enjoy the Laws of England concerning Life and Member to which he had been moved by his Parliament at West-minster which is as much as to say they used no Jurisdiction because they did That after this time that King and his Parliament exercised Jurisdiction over Ireland appears by the Ordinance made for the State of Ireland in a Parliament held on the Octaves of St. Martin in the
12. of H. 3. was to receive the Charter of King John and the King's Court or Bench in Ireland was to receive the Statute of Merton I will agree that Parliaments in Ireland may have received Laws in the time of E. 2. but there 's no colour to believe that they then pretended to more in relation to Acts of Parliament sent over to them at large under the Great Seal of England The Reign of E. 3. I may divide into Three Periods 1. Before 2. At 3. After the main and most express Charter for a Parliament in Ireland of any yet cited or appearing 1. In the Statute Roll of the beginning of E. 3. there are several entries in Latin of this kind Mem. that those Statutes were sent into Ireland in the form of a Patent with a certain Writ here following But the entry of the Writ is sometimes omitted it being look'd on as matter of common form In the 2 d. of that King a Statute was made at Northampton giving a command about Fairs to all Sheriffs of England and other Parts In the 6 th a Statute was made supplying the Defects of that Statute and creating the Forfeiture of double the Value of what should be sold in any Fair or Market beyond the time limited for them in the Charters In the 6 th of that King this last Statute and all other Statutes made in his Reign to that time are sent in the form of a Patent to Anthony de Lucy Justice of Ireland requiring that those Statutes and all the Articles therein contained be Proclaimed in the King's Land of Ireland as well within Liberties as without and that he should cause so much of them as concern'd the Justice and the People of that Land to be firmly kept and observed A Statute 11. of E. 3. provides That except the King and his Children no Person great nor small within England Ireland and Wales or so much of Scotland as was then under the King's power should wear any Cloth but what was made in England Ireland Wales or such part of Scotland upon pain of Forfeiture of the Cloth and being Punish'd at the King's pleasure And whereas Mr. M. according to the use which he makes of publications in or by Parliaments in Ireland of Laws made in Parliaments of England would infer that no Statutes made here against Provisors could be of force in Ireland till the 32 d. of H. 6. when 't was Enacted there That all those Laws made in England as well as in Ireland be had and kept in force 't is evident that E. 3 d's Parliament and his Council acting in Parliament held that there was no need of other publishing and enforcing those Laws than was usual by virtue of the Great Seal of England The Commons Petitioned that the Provisions and Ordinances made in the Parl. 17. of that King concerning Provisions and Reservations from the See of Rome be affirmed by a Statute to endure for ever And particularly that if any Arch-Bishop or other Spiritual Patron do not present within Four Months after Voidance by a Man's accepting any Benefice from the See of Rome the Right of Patronage should accrue to the King And they pray that Commissions and Writs be sent to all ports of England Wales and Ireland and other Places within every County as there should be occasion to Apprehend all those who should carry any of the Bulls Process or Instruments then complained of The Answer in French is thus 'T is accorded and assented by the King the Earls Barons Justices and other Sages of the Law that the Things above-written be done and in reasonable form according to the prayer of the Commons Upon which there 's no doubt but either a Writ was sent to Ireland with this Act of Parliament in the form of a Charter to warrant Commissions for that purpose in Ireland or otherwise Commissions might issue from hence to apprehend such Offenders as should be found there The Statute of the Staple 27. E. 3. taking notice of the Damages to the People of the King's Realm and of his Lands of Wales and Ireland because the Staples had been held out of the said Realm and Lands appoints places for the Staple in Ireland as well as in England and Wales and creates a Forfeiture of the Wool and other Staple Commodities which any English Irish or Welsh should carry out of the said Realm and Lands with the like Penalty if they should receive Gold or Silver for them elsewhere than at the respective Staples At which Staples 't is to be observed that there were paid Duties and Customs granted by Parliament in England Another Statute of the same Year appoints That all Wines in England Ireland and Wales be Gauged on pain of Forfeiture and further Punishment at the King's pleasure And but Two Years before the Statute of Treasons which does not name Ireland was made for a Law to the whole Realm and for Ireland as part of it But none of the King's Subjects in Ireland were within that Law unless they were to be adjudged Subjects of the Realm of England And yet this Statute is ordered to be published and observed in Ireland as well as England in this manner To the Sheriff of Kent greeting We send you under our Seal certain Statutes made in our Parliament assembled at Westminster on the Feast of St. Hillary last past by us the Prelates Dukes Earls Barons and others of the Commonalty of our Realm of England to the said Parliament summoned Commanding that you cause the said Statutes to be read in your full County and that they be firmly observed and kept Teste the King at Westm the 6 th day of May. The like Writs of the same Date are sent to the Justice of Ireland what ought to be changed being changed But if the Parliaments of England had or exercised any Jurisdiction or Authority over Ireland hitherto at least 't is to be thought that 't was all taken from 'em by a Charter of E. 3. part of which he transcribes out of Mr. Prynn but for his satisfaction I shall give him more of it from the Record now to be seen in the Tower 't is a Charter of R. 2. of an Ordinance for the State of Ireland reciting and confirming the Charter 31. E. 3. beginning thus Quia ex frequenti side dignor insinuatione accepimus quod terra nra Hiberniae ecclesiaque Hibernica ac clerus populus ejusdem nobis subditus ob defectum boni regiminis ac per negligentiam in curiam Ministror regior ibin tam major quam minor hactenus turbati fuerint multipliciter gravati Marchiaeque terrae ipsius juxta hostes positae per hostiles invasiones vastatae occisis Marchionibus depraedatis eorum habitationibus enormiter concrematis caeterisque coactis loca propria deserere
quibusdam videlicet ad hostes caeteris ad loca extranea fugientibus Diversaeque partes dictar Marchiar taliter desolatae derelictae per hostes eosdem occupatae nostraque ejusdem terrae negotia incongruè inutiliter leges approbatae consuetudines minus debite observatae populo nro bonis rebus suis contra justitiam legem formam Statutor inde editor diversimode spoliat paxque nostra laesa minime custodita Ac proditores Latrones Malefactores non sicut convenit castigati Quorum malorum aliorumque occasione majora damna irreparabillia evenire quod absit timentur nisi praemissis opportunis reme diis occurrat Nos desiderantes utili regimini quieti eorund terrae populi providere quae sequuntur propterea deassensu consili nostri ordinanda duximus firmiter observanda In prim viz. volumus praecipimus quod sancta Hibernica ecclesia suas libertates liber consuetudines illaesas habeat eis liberè gaudeat utatur Item volumus praecipimus quod nostra ipsius terrae negotia ardua in consiliis per peritos consiliarios nostros ac praelatos magnates quosdam de discretioribus probatioribus hominibus de Partibus Vicinis ubi ipsa consilia teneri contigerit propter hoe evocandos In Parliamentis vero per ipsos Consiliarios nros ac Prelatos Proceres aliosque de terra nostra proutmos exigit secundum justitiam legem consuetudinē rationem tractentur deducantur fideliter timore favore odio aut pretio postpositis discutiantur etiam terminentur Because from the frequent Relations of Persons to be credited we understand that our Land of Ireland and the Irish Church and the Clergy and People subject to us thro' defect of good Government and by the negligence and carelesness of the King's Officers there both great and small has hitherto been manifoldly troubled and aggriev'd and the Marches of that land plac'd against the Enemies wasted the Marches being kill'd and despoil'd their Houses enormously burnt and the rest being forc'd to forsake their habitations some flying to the Enemies and others to Foreign Parts And divers parts of the said Marches so desolated and forsaken have been possess'd by those Enemies and the Affairs of us and that Land are incongruously and unprofitably and the Laws and approved Customs not duly observed our People being in divers manners spoil'd of their Goods and things contrary to Justice Law and the form of Statutes in those cases provided And our Peace is broken and not in the least kept And Traytors Robbers Malefactors not punish'd as they ought By occasion of which and other Evils greater irreparable Damages which God forbid are feared as likely to happen unless the Premises meet with opportune Remedies We desiring to provide for the convenient Government Quiet of that Land People therefore we by the consent of our Council have thought fit to provide these following Particulars to be ordain'd and observ'd In the first place that the Holy Irish Church have its Liberties free Customs unhurt and enjoy usethem freely Also we will and command That the Affairs and Arduous Matters of us and that Land in Councils by our Learned Counsellors and Prelates and great Men and some of the more Discreet Honest of the parts neighbouring upon the place where those Counsels shall happen to be held to be summoned for this purpose But in the Parliaments by those our Counsellours and Prelates Peers and others of our Land as custom requires be according to Justice Law Custom and Reason brought and faithfully Fear Favour Hatred or Price being disregarded discussed and also determined Then particular Provisions are made here notwithstanding the Allowance of Parliaments there Among which 1. That Men guilty of Broakage should be Punished by the Justice and Council of Ireland and fined and amoved from their Offices as should seem reasonable to the Justice and Counsel 2. That no Purveyance be taken contrary to the form of Statutes and Articles made and published for the profit of his People in Parliaments and other great Councils But if there be any force in Mr. M's way of Arguing the Statutes against Purveyors were not binding to Ireland till 18. H. 6. when 't is Enacted By a Statute made in Ireland that all the Statutes made in England against the Extortions and Oppressions of Purveyers are to be holden and kept in all points and put in Execution in this Land of Ireland 3. It provides against Robberies and for Hue-and-Crys according to the Statute of Winchester 4. That no Pardon be pass'd but in Parliaments or Councils by the assent and counsel of the said Parliaments and Counsellors And that there be no general Pardon but that the Offences be specified and expressed according to the tenor of a certain Statute by the King and his Council of England publish'd and sent to Ireland to be observed 5. The Charter taking Notice that false intelligence us'd to be sent from Ireland to England forbids it under grievous Forfeiture declaring that if for the future the Prelates the great Men Commonalty or any other should misinform the King and his Council they should be duly Punished 6. Whereas they us'd to Exhibit against one another several scandalous and vexatious Libels and Bills it provides that they being reduced to Writing be under the Seal of the Chancellor for the time being transmitted to the King's Justice Chancellor and Treasurer of Ireland who are thereby impowered to do Justice but this is by virtue of the great Seal of England 7. It Impowers the Justice calling to him the Chancellor and Treasurer with some Prelates and Earls whom he shall know to be fit or that they ought to be summoned to determine the Differences between the English of Irish Extractions and which were or should afterwards be of English 8. It requires the Justice and his Associates when there was any special Cause to certifie to the King his Council of England the Names of all Persons guilty and their Offences Since Mr. M. having as he fancied clearly made it out that for Ireland to be bound by Acts of Parliament of England is against several Charters of Liberties granted unto the Kingdom of Ireland thinks he had no need to add any other Authority than a piece of that Charter of the substance of which I have given an Account with all the distinguishing Expressions I might well enough close here and leave it to himself to consider whether when a Parliament is granted or allowed to the Land of Ireland in the fullest terms that ever it was in any King's Reign that can be shewn there was not at the same time a full exercice of the Power of the Crown and Kingdom of England in making Laws and requiring the Execution of others made in England without any
of England was as much to be obeyed as their own Record shews that 't was 29. E. 1. The Authorities above cited having manifested the several Titles which the Crown and Kingdom of England have to the Land of Ireland and that from the 18 th of H. 2. at the latest downwards as far as Mr. M. makes any controversie neither the Irish Nation nor the English there have been govern'd without the interposition of the Parliament of England and that the Parliament of Ireland had all its Laws made here or derived under Authority from hence and that not from the King 's alone or the Kings and their Priâ—y Counsels but their Parliament that the Parliaments of Ireland have had no Provision for their being holden within any certain time nor ever had Authority given them to act as independent on the Parliament of England I may well conclude that the right of the Parliament of England to bind Ireland by Laws made here without any Members chosen for Ireland is so far from being departed from that 't is strengthened and confirmed by the continual usage of the Parliaments of England and submission of the Parliaments and People of Ireland to which 't will be needless to add the consideration of the inestimable Treasure spent in several Ages for maintaining the English Interest there and the late freeing it from an Universal Insurrection and Usurpation 4. Having us'd the proper means to convince Mr. M. by the true argumentum ad hominem shewing that the chief Weapons which he uses turn strongly against himself I need the less apprehend the natural force of his reasoning upon dry Notions The right says he which England may pretend to for binding us by their Acts of Parliament can be founded only on the imaginary Title of Conquest or Purchase or on Precedents and Matters of Record Wherein he admits that Precedents and Matters of Record may give a Right which is neither by Conquest nor Purchase and of this the Authors he refers to might satisfie him at large I 'll agree with him that on consent depends the obligation of all humane Laws insomuch that without it by the unanimous Opinions of all Jurists no sanctions are of any force But do any of them say that the consent is necessary to be exprest and that immediate if it were the Sons could not be bound by those Laws which their Fathers chose in restriction of natural liberty and he might have observ'd by his own Authors and even in the Words cited by himself that approbation not only Men give who personally declare their assent by Voice Sign or act but also when others do it in their names by right originally at least derived from them as in Parliaments Councils c. To be commanded we do consent when that Society whereof we are part hath at any time before consented Farther yet whatever Freedoms the Progeny of the English and Britains now in Ireland claim with the natural Born Subjects of England as being descended from them 't is certain every Man here does not as an English-man claim to be a Member of Parliament or to have a Voice in chusing one But there are many without this Privilege who have been concluded by the consent of their Forefathers and their own agreeing to stay within a Kingdom govern'd by such Laws to which they owe Obedience and Submission at least as long as they will receive the benefit of them and the protection which they assure This is the case of those Englishmen who chuse to live in Ireland under the Protection of England without which the Protestants there could not have subsisted in any Age since the Reformation and if the Irish Natives are not conquer'd or the Right of Conquest over them ought not to be carryed beyond the reparation of the Damages sustained from them or if a just conquest gets no power but only over those who have actually assisted in that unjust force and if the right of conquest extends little fâ—rther than over the Lives of the Conquer'd but their posterity can lose no benefit thereby If an outragious and Brutal Enemy may not be restrain'd from doing farther mischief by the taking from him that Power and Estate which would enable him to carry on his Designs if the posterity may not suffer in the consequence of this as the aggressor's property is become the Conqueror's if the Children may not be restrain'd from revenging their Father's Quarrel let the English in Ireland look to it how to juâ—â—ifie those Possessions which they enjoy by the help of the Crown and Kingdom of England and if their Consciences are squeamish let them renounce their Right to the Lands of the Natives but let them not bring in to question the Right of Engl. to all Foreign Plantations and let them never fear that equal Power here to which a great part of the English Nation are resigned without any other kind of consent than the People of Ireland have given to the Laws made in England with intention to bind them and be published there As to his notion of Purchase whenever Ireland will repay the value of the Purchase that inestimable and infinite expence of Men Money Victuals and Arms which their own Parliaments own to have protected and supported them for several Ages there 's no great question but England would be willing to leave 'em to their own ways Whereas he will suppose that the Authority which the Lords and Commons of England have exercised from Age to Age in relation to Ireland would imply that the Parliament of England have claim'd a coordinate Power with the King what is this but to argue that in relation to England the Parliament is coordinate however as by Parliament he means only the States of the Kingdom 't is evident this insinuation proceeds from his not observing the Gothick constitution for which he would be thought very zealous but might have known that the States of the Kingdom or the ordines regni are those who are entituled to meet the King in Person or by representation in his Parliaments where the King is a distinct Body Politick by himself and having the Supremacy is manifestly above the ordines regni But tho' the Head which Mr. M. raises about the suppos'd injury to Prerogative be only upon a pretended coordinate Power with the King he carries it farther and will have it that for the States of this Realm to use an Authority tho' subordinate to the King to introduce new Laws or repeal old establish'd in Ireland is a violation of the Constâ—tution of Ireland under Boyning's Act and of the Prerogative of the Crown of England which he supposes to have been highly advanced by that Statute speaking of the effect of which he says The King's Prerogative is advanced to a much higher pitch than ever was challeng'd by the King 's in England and the Parliament of Ireland stands almost
on the same reason may the rest of Adam's Children expect it But if this be taken with relation to the present Governments in the world then suppose this Gentleman hold a Commonwealth to be the freest state of mankind to be uniform he must believe that no Monarchies ought to continue longer than the people should think fit because according to his Maxim the People of a Monarchy have the same right to Liberty that the others maintain and directly to the present question no nation ought to have any dependence upon any other Nation And perhaps others will say neither ought they to have any protection 'T is certain that whether we consider the people of the same Nation or the relation which one Nation has to another their state or condition must depend upon Constitutions and Agreements express or tacit Indeed what Constitutions and Agreements are binding and for what time will fall under the consideration of Reason either of it self or aided and assisted by Revelation S. Paul having taught us That the Powers that are are ordained of God I should think that the common practice of the world which this Gentleman admits to be against his Notions is no small evidence of the right of Acquisitions made by one Nation upon or over another But if these could in right be carried no further than the damage sustained by the injured Nation the bounds of the Acquisitions would be very uncertain and desultory That no true Principle opposes the Power which England claims and exercises over Ireland might be shewn in a very narrow compass Yet when many glittering Arguments are made use of to support an unseasonable as well as groundless complaint it may be requisite to give direct Answers to those things which may seem most plausible and to lay such Foundations as may supersede the particular consideration of the rest to which end I shall shew 1. The nature of Mr. Molineux his Complaint 2. The true Foundation and Nature of that Right of which England is possessed in relation to Ireland and Mr. Molineux's Mistakes Omissions and wrong Comparisons and Inferences concerning it 3. That the Right which was at first acquired is so far from being departed from that 't is rather strengthened and confirmed and has been duly exercised as the good of England has required and in subordination to that and even in the greatest Instances now complained of 4. That his Politicks and seeming popular Notions are wrong and misapplied 1 st Mr. Molineux would insinuate into his Majesty's belief in his Dedication to him that some of late endeavour to violate those Rights and Liberties which the Irish or English there have enjoyed for above five hundred years And he plainly enough charges both Kings Lords and Commons of England and that acting Parliamentarily not only with this endeavour but with actual violations of that which to him seems the inherent Right of all mankind His Service to his Country and to all the Race of Adam he supposes to be call'd for by the present juncture of Affairs when the business of Ireland is under the consideration of both Houses of the English Parliament that is as his Margin explains it the Case of the Bishop of Derry in the House of Lords and the prohibiting the exportation of the Irish Woollen Manufacture in the House of Commons He complains That Acts of Parliament in England before the 10 th of H. 4. and 29 th of H. 6. had pretended to bind Ireland without any confirmation there tho they have not expresly claim'd this Right that there are modern Precedents of English Acts of Parliament pretending to bind Ireland but these are Innovations tho of his own shewing no more than was done before the 10 th of H 4. But he is sorry to reflect that since the late Revolution in these Kingdoms when the Subjects of England have more strenuously than ever asserted their own Rights and the Liberties of Parliaments it has pleased them to bear harder on their poor Neighbours than has ever yet been done in many Ages foregoing The first attempt which this Gentleman complains of since his Majesty's happy accession to the Throne of these Kingdoms is an Act made in great compassion for Relief of the Protestant Irish Clergy The next is one prohibiting all Trade and Commerce with France while England was engaged in an actual War of which Ireland was a miserable Seat Another is the Act for the better security and relief of their Majesties Protestant Subjects in Ireland wherein K. James's Irish Parliament at Dublin and all Acts and Attainders done by them are declared void And 't is further provided That no Protestant shall suffer any Prejudice in his Estate or Office by reason of his absence out of Ireland since December 25. 1685. And that there should be a remittal of the King's Quit-Rent from Decemb. 25. 1688. to the end of the War And the last is That for abrogating the Oath of Supremacy in Ireland and appointing other Oaths These are the Acts of Parliament by the suppos'd submission to which he will have it that the Rights of the People of Ireland have received the greatest weakening under his Majesty's Reign and they are made of all his Majesty's Subjects the most unfortunate These Acts are complained of as Violations of the Rights of a Kingdom compleat and absolute in it self without any subordination to England especially in relation to Parliaments That they are contrary to that amity which should be maintained between distinct Kingdoms or the Children of one common Parent which have distinct Rights and Inheritances absolutely within themselves and inconsistent with the Royalties and Preeminence of a separate and distinct Kingdom Against the common Laws of England which are in force both in England and Ireland by the original Compact Against the Statute Laws both of England and Ireland Against several Charters of the Liberties granted to Ireland Against the King's Prerogative Against the practice of all former Ages Against several Resolutions of the learned Judges of former times Destructive of Property Introductive of the greatest confusion and uncertainty imaginable And lastly inconvenient for England being likely to make the Lords and People of Ireland think they are not well used and may drive them into discontent And yet this Complaint must be thought very modest because if the Great Council of England shall resolve the contrary he declares he shall then believe himself to be in an Error and with the lowest submission ask pardon for his assurance I cannot in the least question but that august and wise Assembly will use that Method which he refers to for his Conviction yet since they are employed in Affairs of more immediate consequence than the asserting and clearing the grounds of that Authority which they have long been possessed of I shall think that I may
of his stile of Lord of Ireland in imposing Laws and a King upon ' em And I would gladly know what Irish Laws and Customs he swore to maintain Tho therefore I am as avers to the common Notions of Conquest as this Gentleman especially to the supposition that God in giving one Prince a Conquest over another THEREBY puts one in possession of the others Dominions and makes the other's Subjects become his Subjects or his Slaves as they come in upon conditions or at the will of the Conqueror Yet I must desire Mr. M. to explain those Acts of Parliament made in Ireland which not only seem to import that the Crown and Kingdom of England had made an absolute acquisition of the Land of Ireland but use that scurvy word Conquest An Act 28 H. 8. recites That the King's Land of Ireland heretofore being inhabired and in dâ—e obedience unto the King 's most noble Progenitors Kings of England who in the right of the Crown of England had great Possessions Rents and Profits within the same Land had grown into great ruin and desolation for that great Dominions Lands and Possessions had by the King's Grants course of Descents and otherwise come to Noblemen of England by whose negligence the wild Irish got into possession the Conquest and winning whereof in the beginning not only cost the King 's noble Progenitors but also those to whom the Lands belong'd charges inestimable and tho the King's English Subjects had valiantly opposed the Irish yet upon their absenting themselves again out of Ireland the Natives from time to time usurped and encroached upon the King's Dominions and particularly that the Earl of Kildare with his accomplices endeavour'd to take the Land of Ireland out of the King's possession and his Heirs thereof for ever to disherit For these and divers other hurts and enormities like to ensue to the Commonweal of the Island in respect of the inestimable Charges which the King had sustained and apparently had occasion to sustain for and about the conquest and recontinuance of the same out of his Enemies possession tho the King had right to all the Lands and Possessions there referr'd to and tho he might justly insist upon the Arrears of two parts of the Land of those who had absented themselves which might amount to more than the purchase of 'em it vests in the King and his Heirs as in the Right of the Crown of England only the Lands of some particular persons The Stature of the Queen attainting Shane Oneile speaks of populous rich and well-govern'd Regions wealthy Subjects beautiful Cities and Towns of which the Imperial Crown of England had before that time been conveniently furnished within the Realm of Ireland which after being lost had been recontinued to the Queen 's quiet possession But the Rebel Shane Oneile refusing the name of a Subject and taking upon him as it were the Office of a Prince had enterprized great Stirs Insurrections and horrible Treasons against her Majesty her Crown and Dignity imagining to deprive her Highness her Heirs and Successors from the real and actual possession of her Kingdom of Ireland her true just and ancient Inheritance to her by sundry Descents and authentick strong Titles rightfully and lawfully devolved And having mention'd a Title from Gurmond the Son of Belin King of Great Britain says Another Title is as the Clerk Giraldus Cambrensis writeth at large of the History of the Conquest of Ireland by King H. 2. your famous Progenitor The Title to the Land then recognized was abundantly strengthned and confirmed by Irish Parliaments in the time of J. 1. and since In the Act of Recognition to J. 1. they tell him of his having quench'd the most dangerous and universal Rebellion that ever was rais'd in that Kingdom in the suppressing whereof the unreform'd parts of the Land which being rul'd by Irish Lords and Customs had never before receiv'd the Laws and civil Government of England were so broken and reduced to Obedience that all the Inhabitants thereof did gladly submit themselves to his Highness's ordinary Laws and Magistrates which gave unto his Majesty a more entire absolute and actual possession than ever any of his Progenitors had All Ireland being thus brought into subjection to the Crown and Laws of England K. James taking notice of Laws which had been made after the Conquest of that Realm by his Progenitors Kings of England to keep up the distinction between the English and the Natives of the Irish Blood that he had then taken 'em all into his protection and that they lived under one Law as dutiful Subjects of their Sovereign Lord and Monarch repeals those dividing Laws After this the Irish Parliament granted C. 1. four Subsidies rightly considering the vast and almost infinite expence of Men Mony Victuals and Arms sent out of England thither by the King and his Royal Progenitors for reducing that Kingdom into the happy condition wherein it then stood And sutably to the import of the word Conquest Acts of Parliament of that Kingdom in the Reign of that King shew that the Titles to Lands of the English Plantation or which they from time to time gain'd from the Irish were enjoy'd by Grants from the Crown and for securing the Estates to Vndertakers Servitors Natives and others all the Lands in several Counties commonly call'd Plantation Lands were vested in the King his Heirs and Successors in right of the Imperial Crown of England and Ireland The Stat. 14 15 C. 2. holds the Irish Rebels to be subdued and conquer'd Enemies and therefore vests all their Lands in the Crown of England in order to make satisfaction to the Protestant Adventurers for the reducing that Kingdom to its due obedience and to enable the Crown to extend Grace to such as should be held deserving of it Reprisals being first made to the Protestant Proprietors Tho therefore I am far from admiring the Lord Coke's reasoning in Calvin's Case I may here subjoin part of Mr. M's reflection upon him and refer him to the Irish Acts of Parliament to qualify his Censure of the Ld Coke's restriction of the Opinion in the Year-book 2 R. 2. that the Irish are not bound by Statutes made in England because they have no Knights of Parliament here which says the Lord Coke is to be understood unless they be specially named To this assertion Mr. Molineux admits he gives colour of reason by saying That tho Ireland be a distinct Dominion from England yet the Title thereof being by Conquest the same by Judgment of Law might by express words be bound by the Parliaments of England To confound the Lord Coke I would fain know says this Gentleman what the Lord Coke means by Judgment of Law Whether he means the Law of Nature and Reason or of Nations or the Civil Laws of our Common-wealths For answer to which I need at present only
ask him what sort of Law he takes the above-cited Statutes of Ireland to be and shall afterwards shew that they have all along submitted to such a Conquest or Acquisition as gives a Right to the imposing of Laws 3. But since he is pleas'd to say As Scotland tho the King's Subjects claims an exemption from all Laws but what they assent to in Parliament so we think this our Right also and going upon the supposition of Ireland being a Kingdom as distinct from England as Scotland he frames an Objection that however they may be restrain'd by War from doing what may be to the prejudice of England the stronger Nation If this may be he asks why does it not operate in the same manner between England and Scotland and consequently in like manner draw after it England's binding Scotland by their Laws at Westminster As to Scotland not here to enter into the Dispute between the Lord Coke and the rest of the Judges who resolv'd Calvin's Case and the House of Commons of that time nor yet into the Question concerning the Scotch Homage whether 't was for the Kingdom of Scotland or only for some Lands which their Kings held of the Crown of England 'T is enough to observe that during the Heptarchy here we often had one King who was Rex primus to whom the others were Homagers and obedient in the Wars for common Defence of the Island yet each King had his distinct Regalities and the Countrys their several Laws and Customs and distinct Legislatures for Lands and other Rights and Things within themselves This 't was easy to conceive that Scotland had and thus both there and here under the Heptarchy the several Kingdoms notwithstanding Homage to one King who had the Primacy were under separate Allegiances as the respective Subjects were not bound to the same Laws tho the States of the Kingdom did Homage as well as the King When the Right to the Crown of Scotland came afterwards in J. 1. to be in the same Person who had the Crown of England and that without any new Acquisition by the Crown or Kingdom of England there was no merger of the less Crown and 't is certain that in the Judgment of Law Palatinates fallen to the Crown continue distinct Royalties But if for the keeping a Kingdom distinct whether in the Person of the same King or as an Appendant to his Imperial Crown a distinct Legislature is necessary as well as a distinct Jurisdiction then Wales which in many of our Statutes is call'd a Dominion was no distinct Dominion or Principality if it at any time continued in the Crown without having Parliaments of their own or being represented here by Members of their own chusing but thus it was with Wales from the 12 th of E. 1. to the 34 th of H. 8. in right of E. 1 st's Conquest as Sir John Davis or the Judges in his time call the Acquisition of that Dominion and as 't is there E. 1. changed their Laws and Customs as he had express'd in his Charter or the Statute of Rutland which follows Divinâ providentiâ terram Walliae cum incolis suis prius nobis jure feodali subjectam in proprietatis nostrae dominium totaliter cum integritate convertit coronae regni nostrae annexit By the Divine Providence the Land of Wales with its Inhabitants before subject to us by feudal Right we have turn'd wholly and entirely into the Dominion of our Propriety and annexed it to the Crown of our Kingdom And as to their Laws and Customs Quasdam de consilio procerum regni nostri delevimus quasdam permisimus quasdam correximus ac etiam quasdam alias adjiciendas faciendas decrevimus Some by the Counsel of the Peers of our Kingdom we have abrogated some we have permitted some we have corrected and besides some others we have added and decreed to be put in execution Here is a Title understood at that time of taking a Forfeiture for Rebellion against the Lord of the Fee and in consequence of this the King and his Peers in Parliaments took upon them to exercise a Legislative Power over Wales But notwithstanding that Wales was thus united and annexed to the Imperial Crown of England and absolutely subjected to its Legislature yet as is held in Davis's Reports this Principality of Wales not being govern'd by the common Law was a Dominion by it self and had its proper Laws and Customs That Report shews Wales by reason of these different Laws and Customs to be more distinct and separate from the Kingdom of England than Ireland is and that a Tenure of the Prince of Wales should not after its reduction under the Subjection of England become a Tenure of the Crown in chief but that it should be so in relation to Tenures of a County Palatine in Ireland as well as England because such a County in either Land was originally a parcel of the Realm and derived from the Crown and was always govern'd by the Law of England and the Lands there were held by Services and Tenures of which the common Law takes notice altho the Lords have a separate Jurisdiction and Seigniory separate from the Crown But that Tenure in Chief in Ireland as well as England could be no other than of the Crown of England appears not only by the Grants to the Electors Palatine or Lords Marchers of Ireland but in that Ireland was not raised into a Kingdom till H. 8's time The mention of Palatinates may well occasion a Comparison between the Land of Ireland and the County Palatine of Chester a distinct Royalty in the Principality of Wales that had its Parliaments within it self as 't is very probable from before the time of W. 1. it being certain that Hugh Lupus enjoyed that Earldom by Judgment of the Lords if not the Great Council in the time of W. 1. and their Parliaments may be traced from within the time of H. 3. downwards to their first having Representatives in Parliaments of the Kingdom 34 H. 8. Their provincial Parliaments were chiefly if not only for the granting Aids to the Crown but notwithstanding their being represented in Parliaments at home yet Laws were made here in the superior Parliament for the governing the Inhabitants of the County of Chester Now without considering whether Cheshire was a Colony from England or from Wales or mix'd or else a place exempt without regard to the being any Colony I may well hold that tho from before the time of W. 1. they had the privilege of being tax'd only by themselves or with their own Consent yet their Parliament was subordinate to the Great Council of the Kingdom of England and 't was no violation of the Right of their Parliament for the National Council to give them Laws for their better Government and to restrain 'em from acting to the prejudice of the Crown and
ratification of the King's Majesty's Stile by the King with the assent of the Lords Spiritual and Temporal and the Commons in that Parliament assembled and by the Authority of the same enacting that all and singular his Grace's Subjects and Resiants of or within this his Realm of England Ireland and elsewhere with other his Majesty's Dominions from thenceforth accept and take the King's Stile in manner and form following H. 8. by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the supream Head And 't is enacted that the said stile shall be from thenceforth by the Authority aforesaid united and annexed to the Imperial Crown of his Highness's Realm of England This related to all Ecclesiastical Power as well as Civil in Ireland as well as England In pursuance of this the Statute 1 Eliz. for the extinguishing all usurped and Foreign Power and Authority Spiritual and Temporal which had been used within this Realm or any other her Majesty's Dominions or Countries enacts That no Foreign Prince or Prelat shall enjoy any Power Jurisdiction Superiority Authority or Privilege Spiritual or Ecclesiastical within this Realm or within any other her Majesty's Dominions or Countries but that such Power c. shall be abolished out of this Realm and all other her Highness's Dominions And that all Power of visiting and correcting for Heresies Schism c. shall for ever by Authority of that Parliament be united and annexed to the Imperial Crown of this Realm Ecclesiastics were to swear that they would maintain all such Jurisdiction Privileges Preeminence and Authority as granted or belonging to the Queen's Highness her Heirs and Successors or united to the Imperial Crown of the Realm And the Queen is impowred to issue out Commissions for the executing that Act. This Statute bound Ireland by plain intention as that 34 and 35 H. 8. did in express words But Mr. M. will have it a mighty Argument that this was of no force in Ireland till received by a Parliament there because after it had bin repealed in England by one Act and another since the Revolution has declared such Commissions to be illegal yet the Chancellor and others in Ireland have held it to be still in force there But 1. He ought to have shewn that the Statute here repealing so much of the Statute of the Queen as plainly exprest an intention that no such Commission should be granted in Ireland as the Statute of the Queen did that Ireland should be subject to the same Ecclesiastical Authority and in the same manner that England was nor is it to any purpose for him to cite the Declarations in the late Statute of the illegality of such Commissions unless that Act had damn'd such Commissions not only as being contrary to the Act of Repeal but not to be warranted by the Statute of the Queen but then this would have condemned the Resolution which he cites of the Authority of such Commissions still in Ireland 2. Admit Mr. M. should prove that the Statute made in England taking away the Authority of such Ecclesiastical Commissions here as plainly intended to reach Ireland 't will afterwards appear that unless Mr. M. shew that this Act had been transmitted to Ireland under the Great Seal of England the supposition that such Commissions may still be legally executed in Ireland will not in the least derogate from the Authority of the Parliament of England 3 dly But how contrary his supposal of an independent Authority in the Parliament of Ireland is not only to the Laws of reasoning but the Authorities of all times from H. 2. downwards has already appeared in some measure and may farther by some Authorities out of many which will manifest that the Rights of the Crown of England to impose Laws upon Ireland by virtue of prior submissions and consent is so far from being departed from that 't is strengthned and confirmed by long exercice and submission to it Mr. M. considering the State of the Statute Laws of England under H. 2. King John and H. 3. agrees That by the Irish voluntary submission to and acceptance of the Laws of England we must repute them to have submitted themselves to these likewise till a regular Legislature was established among them in pursuance of that voluntary submission and voluntary acceptance Yet he soon forgets this Concession and would have it that the men of Ireland were not bound by new Laws but that the Grants of Liberties from Edward the Confessor's time down to H. 3. were only declaratory Laws and confirmations one of another and that thus Ireland came to be govern'd by one and the same common Law with England I must confess I could not but smile at his Marginal Note upon the proceedings of the Parliament at Oxford in the Reign of H. 2. by this Ireland made an absolute separate Kingdom And in the Body of his Book he says We shall observe that by this donation of the Kingdom of Ireland to King John Ireland was most eminently set apart again as a separate and distinct Kingdom by it self from the Kingdom of England and did so continue until the Kingdom of England descended and came unto King John But to help him to understand this matter I shall mind him of another passage in Hen. II's Reign As he placed his Son John in Ireland he to secure the Succession of the Imperial Crown of England to his eldest Son Henry caused him in a Parliament to be chosen and made King of England while Henry the Father was alive Now did the Father by this separate England from his own Jurisdiction No certainly and indeed in the Oath to the Son and the homage perform'd both at the Coronation and afterwards by the King of Scots there was a particular saving of the Allegiance and Homage due to the Father Thus both Hoveden and Bromton shew that 't was in relation to the constituting John King of Ireland as they call him they are express that they to whom the Lands of Ireland were distributed in that very Parliament which gave John his Office and Authority were sworn to the Father and the Son And Mr. M. might have observ'd that a Charter pass'd in that Parliament and cited by Sir John Davis grants to Hugh de Lacy large Territories in the County of Methe to hold of H. 2. and his Heirs Whereas if Ireland had been given as Mr. M. will have it to John and that thereby 't was made an absolute Kingdom separate and wholly independent on England The Tenure must have been of John and his Heirs The Oath of Allegiance which in those days used to have no mention of Heirs was to H. 2. as King of England and went along with the Crown but the Tenure reserved was expresly to the Heirs of H. 2. which must relate to the legal Successors to
to be Governed and an assurance that they should have no Laws imposed upon them in any other manner than upon such of the English here as had no Votes in the making Laws But one end at least of the sending over that Charter must needs have been suitable to the declared end of a Subsequent sending King John's Charter when the Justice of Ireland was required to Summon not only the Great Men but the Free-holders of every County who after the Laws had been read to them were to swear to the observance of them beside which they were to be Proclaim'd in the several Counties 5. Admit the Charter sent to Ireland 1. H. 3. had given the Irish Liberty to hold Parliaments with Representatives from all parts of that Land according to the English Form This Liberty was derived from a Convention of the States of the Kingdom of England or Parliament in the Minority of a King who had no Judgment of his own was under the Government of a Subject whom the States had set over him and the Kingdom and that King was manifestly Chosen by them to the setting aside Eleanor who had the Right of Descent as far as that could avail So that the King could have no pretence to the imaginary divine Right of Succession and therefore that Charter must have been derived from the Grant of the People of England And besides the Record shews that this tho' sent by the advice of all the King 's faithful People was thought to want some Formality to make it a Parliament the Assembly in which it was advised being held by a Regent may be thought to have occasioned the reference to a greater or more solemn Council However such reference shews that 't was not their Intention to be concluded by what was then done and when a Charter is afterwards sent over in full Form then there 's not a word of Concession but an absolute Command that the Laws be publish'd and obey'd However take the Charter sent them 1. H. 3. in the utmost extent imaginable 't is not to be thought that while the English Parliament gave those of the English Pale or others in Ireland Liberty to hold Parliaments they divested themselves of that Authority by which they gave such Liberty To use the Words of the great Man Grotius Se per modum legis id est per modum superioris obgare nemo potest Et hinc est quod legum Auctores habent jus leges suas mutandi Potest tamen quis obligari suâ lege non directè sâ—d per reflectionem ex aequitate naturali quae partes vult componi ad rationem integri No Man can bind himself by way of Law that is as a Supâ—rior And hence â—tis that Law-makers have Right to change their Laws Yet one may be bound by his own Law not directly but by reflexion from natural Equâ—ty which requires the parts to be compos'd with respect to the whole 6. Admit the Charter sent 1. H. 3. being by consent of the States of the Kingdom of England should be taken for an absolute departure from Power before vested in them then it ought to be taken Strictiâ—juris and to confer no Rright beyond what is express'd And therefore 1. The Men of Ireland had a Grant only of such Liberties as were sent them distinctly reduced into Writing And unless the usual Practice of sending over the Laws made here be taken to explain this or they shew the very Charter then sent 't is to be supposed that only such Liberties were Expressed and Granted them as were proper for an Appendage to the Crown of England 2. If all King John's Charter were sent them which I may well admit according to the explanation of the following usage unless they can prove as we can here that before that time they had Common Councils of all the Land of Ireland for all Matters of Publick concern and that the Maxim here had obtain'd there Those things which concern all ought to be treated of by all the only end of Common Councils of the Kingdom of England expressed in King John's Charter being in relation to the principal Grievance about the raising of Aids to the Crown the Grants to Ireland could extend no further than a Liberty to have such a Council for the raising Aids And there 's no doubt but more Money may be rais'd by such National Consent than can be in the most Arbitrary way which abates the force of the Argument from H. 3. his desiring the Archbishops Bishops Abbots Priors Earls Barons Knights Freemen Cities and Burroughs of the Land of Ireland to Aid him as much as they could with Men and Money And hence tho' 't would have been no breach of King John's Charter for the King to raise Aids of his Tenents in Chief for making his Eldest Son a Knight without calling for them to any Council that being one of the exceptions out of the Liberties expressed in that Charter yet H. 3. writ to the Archbishops Bishops Abbots Priors Earls Barons Knights and all his Freemen of the Land of Ireland intreating them to give him such an Aid 6. After all to shew how little there is in his mighty Argument from the Writ 1. H. 3. Let him take his choice either that the English in Ireland had a Parliament granted or confirmed to them by the Charter sent along with the Writ 1. H. 3. or they had not If they had then those Laws which were made here after such Establishment in pursuance of the desire of them from Ireland shew that neither the Parliaments of England nor they of Ireland thought they had any Power to make Laws there If there was no Grant or Confirmation of any Parliament there then the Concession of English Laws and Liberties was no more than a Declaration that they should be governed by the Laws made and to be made by Parliament in England or receiv'd there by the consent of the People giving Force and Authority to their own approved Customs But since after all Mr. M.'s learned Flourishes about the Setling of Parliaments in Ireland by the Modus sent over in the time of H. 2. and subsequent Grants he admits that under the 3 Kings H. 2. King John and H. 3. and their Predecessors we must repute them to have submitted to the Laws made here in those Reigns for want of a regular Legislature establish'd among them And since whatever he admits there 's no Colour of such an Establishment by the end of H. 3. Let 's see what can be found in the next Reign E. 1. having in his absence from England upon the Death of H. 3. his Father been Elected and Declared King of England in a full Convention of the States of this Kingdom in a Writ sent by those States to Ireland 't is affirm'd that the Government of England and the Dominion or Lordship of the Land of Ireland belonged to
Concern it being for the encouraging of Purchasers and engaging the more Persons to a National Interest by Propriety in Land which till that time was in much fewer Hands because whoever purchased any part of an Estate had been liable to be charged with all the Rents and Services which lay upon the whole and there was one other necessary Provision against Alienations in Mortmain 4. The Precept to the Sheriff was to cause the Election to be made forthwith and to take care that the Parties were â—ound to be at Westminster by three Weeks after the Feast of St. John at the farthest The Day when the Parliament was holden was but 5 or 6 Days before which shews that 't is absurd to imagine that there should have been a Law made of that immediate consequence to all Owners of Land before the Knights of the Shire came up not only because they being obliged to be at Parliament by such a Day at the latest may well be supposed to have come 5 or 6 Days before the utmost extent of their time to avoid the Forfeitures of the Bonds which they us'd to give for their Appearance but chiefly because as 't is well known whenever a Law passes 't is in Judgment of Law held to have pass'd the first Day of the Session which Day might have been agreed at their former Meeting Nor is it absurd to believe that there might be a Summons to require the Sheriffs to secure Full Parliaments even tho the Days of Meeting and of Elections below might have been certain The true reason why so few Writs of Summons of those early times are to be found seems to be that once at least in a Year the Parliaments met of course The Confessor's Law speaks of the Calends of May as the fix'd Day In the 1st of E 1. the Custos of the Realm as appears above in the King's Absence issued Writs tho not for Elections to Parliament yet returnable into the Parliament to be holden next after Easter without mentioning any Day as if 't were commonly known but no Parliament being holden soon after Easter because of the King 's being out of the Land a Return into a Parliament appointed to sit after the King 's Landing was to a Day certain But that at the beginning of E. 1. the time of holding a Parliament was look'd upon as so fix'd that there was no need of Summons appears by that King's Letter to the Pope 3 E. 1. referring him to the Deliberation of the Peers of the Kingdom in a Parliament which used to be holden in England about the Octaves of the Resurrection of our Lord. 5. If the mention only of the Instance of the Great Men or Nobility be an Argument that the Law was then made before even the Knights of the Counties came up tho Summoned to Consult and Consent the many Laws which have pass'd immediately upon the King's Answer to the Petition of the Commons would argue as strongly that those Laws were made without the consent of the Lords but as in such case either they were included as part of the Community of the Kingdom or else the King answered by their Advice So at the making the Statute 18 E. 1. either the Commons were under the Word Magnates as the lower Nobility or Men dignified by being Senators or else the Great Lords finding themselves chiefly agrieved as being unable to pay their Debts because none would buy their Lands this Law might have pass'd chiefly â—t their desire But then since 't is manifest it was in Parliament 't was by the Consent of the Commons but I rather think that the Commons were then included under Magnates becâ—â—â—e I find them so in Times after thâ—s and that Petitions were made to them with as high Ascriptions as were given to the Great Lords In the 1st of E. 3. a Statute was made as one Record has it by the Common Council of the Kingdom as another by the King the Prelates Earls Barons and the Commonalty of the Realm and yet an Historian well conversant in the Records and common acceptation of Words in that Time speaking of this very Parliament and of the Queen Mother's coming to London with E. 3. her Son says Thither also Convened the whole Nobility of the Kingdom having been before Summoned to the holding a Parliament In after Times there are numbers of Petitions to the House of Commons from Persons of Quality from the City of London and others To the a Most Honourable or Right Honourable and Most Wise the Commons in this present Parliment Assembled The Honourable and Most Wise and the like c But some who will admit that the Knights of the Shire who indeed are in many Records call'd Grands of the Counties were part of the Magnates 17 E. 3. will have it that the Citizens and Burgesses were not because 1. They in those Times used to be distinguished by the Name of Commons from the Knights of the Shires 2. There 's no mention of any Summons tothem in the Records of 18 E. 1. when there was to the Knights of the Shires But for a full answer to this I desire it may be considered 1. That the Meeting 17 E. 1. appears by the Statute then made to be a Parliament that Dr. Brady himself has yielded that the Cities Boroughs and Cinque Ports and Vills had by King John's Charter right to be of the Common-Council of the Kingdom which is the Phrase most generally used in the Ancient Register of Writs to denote a Parliament 2. There were Boroughs long before the reputed Conquest As for instance St. Edmund's Bury or Burgh made a Borough in the Time of King Edmund confirmed in the Reigns of Cnute the Confessor W. 1. and other Kings 3. Boroughs frequently occur in Dooms-day Book that great Survey taken in the Reign of W. 1. and are mentioned as such in the Time of Edward the Confessor 4. No one Charter of ancient Times since W. 1. can be found giving any Borough right to send Members to Parliament but that has seem'd the consequent of being a Borough having a Gild for Merchandize and answering to the King or other chief Lord as one entire Body upon which account they appeared by Representation while individual Tenants were in the great Councils upon their Personal Right 5. That for asserting the Right of Boroughs to be represented in Parliament it generally was enough to plead that they were Boroughs yet one instance at least is to be found within two Reigns after the time of our present enquiry where a Borough Pleads or Alledges in Parliament that they had been made a Borough in King Athelstan's time and ever after had been represented in Parliament by two Members of their own chusing and this the then Parliament or the King's Council in it were so far from thinking improbable that upon that Borough's Allegation that the Charter
in the same bottom as the King does in England I say almost on the same bâ—ttom for the Irish Parliament have not only a Negative as the King has in England to whaâ—ever Laws the King and his Priâ—y Councils of both or either Kingdom shall lay before them but have also a liberty of proposing to the King and his Privy Council here such Laws as the Parliament of Ireland think expedient to be pass'd which Laws being thus proposed to the King and put into form and transmitted to the Parliament here of Ireland according to Poyning's Act must be pass'd or rejected in the very words even to a little as they are laid before our Parliament we cannot alter the least Iota In this Narrative of their Constitution under that Law he has omitted the mentioning what is very material that the Kings answer to what they propoâ—e is to be transmitted under the great â—eal of England and this is to be the Licence and Authority for the holding a Parliament in Ireland and therefore their Acts of Parliament since that settlement mention their being held by Authority under the Great Seal of England And there were two obvious ends and effects of this Law as Mr. M. himself owns 1. The preventâ—on of any thing passing in the Parliament of Ireland surreptitiously to the prejudice of the King or the English Interest of Ireland to which I must add or of England 2. To take from the Irish there all colour of pretence of holding Parliaments as an independent Kingdom by virtue of any Authority within that Land But how the King's Prerogative in the Legislature was advanced by this I do not understand since long before as well as notwithstanding this supposed Constitntion of an Independent Parliament held by Authority from the Great Seal of England the King had and has the Prerogative not only to dissolve the Irish Parliaments at his Pleasure but never to call any which this Gentleman ought to fear least such a claim as he makes might occasion and I would gladly know what part of their Constitution provides for the frequent holding of Parliaments in Ireland yet frequency of Parliaments in England is an undoubted part of the Fundamental Constitution of the English Monarchy Farther is it any advance to the Prerogative in the Legislature that a Prince who has the full exercise of an absolute Legislature at home is only possessed of a Provision against having any attempt made to the lessening that his settled and indubitable Prerogative I must needs say this Gentleman has a way of arguing beyond my apprehension for I cannot see the consequence how the Prerogative should be advanced if as he will have it the Irish Parliament is put almost on the same bottom as that the King stands on in England if it be so I should think it a lessening of the Prerogative to have an Irish Parliament almost coordinate with him which Mr. M. is very fearful least an English Parliament should pretend to And I as little understand the reason he gives why the Parliament of Ireland stands almost upon the same bottom with the King for says he they have not only a Negative Vote as the King has in England but liberty to propose yet the Laws must be pass'd or rejected without alteration This I take to be Foreign to the bottom on which either the King or that Parliament stands If it be meant that they are in a manner as absolute in this negative and liberty of purposing as the King is in England since it relates only to Law first desired from Ireland either by the Privy Council or Parliament there this Constitution of their Parliament is so far from giving them a negative to the Laws pass'd in England with declared intention to bind them in Ireland that the Authority of England is wove into the very Constitution and the Parliaments of Ireland own that Authority by their very Sitting and Enacting Mâ— M. having represented that Constiâ—ution of their Parliaments by which he thinks they stand almost upon the same bottom as the King did here makes this strong assumption If therefore the Legislature of Ireland stand on this foot in relation to the King and to the Parliament of Ireland and the Parliament of England do remove it from this bottom and assume it to themselves where the King's Prerogative is much narrower and as it were reversed for there the King has only a negative Vote I humbly conceive 't is an encroachment on the King's Prerogative But he might consider 1. That as here by the Parliament he takes Lords and Commons without the King he mistakes the Fact in relation to their exercice of Power for they do not assume to themselves the Power of making any Law but with and under the King 2. Neither do they in the highest exercice of their Power take from the Irish any thing allowed or directed by Poyning's Law or any other Constitution 3. They do but assert the Chief Prerogative of the Crown of England by which due consent being bad our Kings give Laws to this Realm and all the Dominions belonging to it 4. The ancient course of the Proceedings of the Parliaments of England and their making all manner of Provisions for the Government of Ireland evince that Poyning's Law was rather an Indulgence to the English there directing a Method for their maintaining the face of a Legislature among themselves than any restraint of Power before vested in the Parliaments of England And after all this Law was never as I take it confirm'd by a Parliament of England I must not here omit the consequences which Mr. M. draws from the Parliament of England's pretending Power to impose any one Law upon Ireland 1. That 't will naturally introduce the Taxing them without their consent 2. That 't will leave the People of Ireland in the greatest confusion imaginable that they are not permitted to know which is the Supreme Authority which they are bound to obey whether the Parliament of England or that of Ireland or both and that the uncertainty is or may be made a pretence for disobedience 3. That 't will be highly inconvenient for England may make the Lords and People of Ireland think they are not well used and may drive them into Discontent 1. Not here to consider how far the Lordship of the Land of Ireland may infer the Taxing it if it should refuse to concur as it ought to its own Preservation since the Law of necessity is no farther to be used or considered than while the necessity is apparent I may say that this is no consequence to be apprehended and that as the Right of Taxing does not follow from the Right of Governing and the Nature of the Government depends upon the first Submission and that Interpretation and Confirmation of it which both the governing Nation and the governed have put upon it I must infer with deference to the National Authority that the
Nota Oct. Martini is but 2 Days after b P. 89. c Claus 17. E. 1. M. 8. Usque ad proximum Parl. post Pascâ—a ut tune inde Rex faciat quod de concilio suo duxerit ordinandum Teste Edm. Com. Corn. Cons Regis apud West 5 Mâ—râ—iiâ— a Claus 17. E. 1. M. 2. dorso Nobis ea in proxim Parl. nostro referant b Quod veniant apud Westm in Craft instantis Festi Sancti Martini That 't is to be believed a parliament was holden 17 E. 1. tho no Summons to it found a Vid. Dugdale's Summons to the Nobility That which be cites 5 E. 1. iâ— a Summons to the Army b Vid. Stat. eâ— An. 1529 p. 21. Of A Summons to parliament 18 E. 1. a Rot. Claus 18. E 1. M. 10. dorso That â—it d by Dr. Brady is to the Sheriff of Westmorland Dr. Bradie 's Answ p 230. Dr. Bradie's Introduction to his Compleat History a Ad instantiam Magnatum b Et sciâ—â—dâ—m est quod istud statutum tenâ—t loâ—um deterris venditis tenend in seodo simplici tantum Quia empâ—ores terrar c. There us'd to be Manucaptors for this purpose Why so few Writs of Summons in those Times now to be found a Vid. Lamb's Archaionom Leges St. Edw b Rot. Claus 17. E. 1. sup Rot. Claus 3. E. 1. M. 9. dorso in Prl. Quod circâ— octobas Râ—suâ—â—ectionis Domini celebraâ—â— in Angliâ consuevâ—â— Commons included under Magnates a Rot. Pat. 1 E. 3. M. 10. b Rot. Claus. 2 E. 3. M. 20. Walsingham F. 126. c Tota regni nobilitas citata per prius ad Parl semend b Rot Claus 4. H. 4. n. â—9 Pur Monsieur Thomas Pomercy Chivalier Tres honourables Tressages Communes e Rot. Parl. 8. H. 6. n. 51. Tressages Tres honourables From the Mayor Aldermen and Commons of the City of London Rot. Patl. 3. H. 5. pars 1. n. â— Vid. Sup. of Cities and Boroughs Vide sup a Rot. Pat. 17. E. 3. p. 1. m. 20. dorso Liberè honorificè a Pat. 15. Jo. pâ—â— 1. M. 11 Reddidimus Heâ— de Tracy Baroniam de Bardestaple â—b Dotum honorem de Bardestaple a Vid. Doomâ—-day de Norwic. a Notâ— What a small proportion this new Plantation of French bore to the 1320 Burgesses and yet some English were mix'd even among the French Besides the French seem to have had but 11 added to their number from the Confessors time to the 20th of W. 1. a Doomsday-Book TRE reddebat c. b Rot. Cart. 2. Jo. m. 17. n. 51. Rot. Pat. 1â— E. 2. m. 5. Rot. Clâ—us 14. Jo. m. 8. d. Rot. Pat. 15. Jo. m. 3. n. 8. Bundela Pâ—t Parl. de temp E. 1. a Coram toâ—o coasilio a Vid. Davis Rep. le Case del County Pal. â—f 64. Cart. H. 2. Hugoni de Lacy Com. pro serv suo terram in Midea cum omnibus pâ—â—â—in ' per serv 50. militum sibi haer suis tenend de me haer meis Rot. de superioritate Maris 26. E. 1. Les Roys du dit Royaume du temps dount il n'a memore du contraire eussent este en paisible poss de la Soveraign Seignorie de la meer Dengleterre desâ—sles esteâ—nts en y cel q. l'Admiral ad jurisd avec la conâ—uisance justice touts autâ—es appeâ—tenantâ— c. Of Ireland's being bound by the Parliaments of England in the time of E. 2. Prynn 's Animad on Lord Coke f. 262. 10. E. 2. Quod semel in Anno teneatur Parl. Stat. of York 12 E. 2. Cap. 6. Rot. Sat. de temp E. 1. E. 2. E. 3. Statuta missa fuerunt in Hib. ut in brevi subseq continetur liberata fuerunt Godf. filio Rog. una cum dict brev deferend Pag. 130. Pag. 129. Rot. Stat. temp E. 1 E. 2. E. 3. M. 30. Answer to Sir Richard Bolton's Marginal Note P. 63. 64. Vid. Sup Stat. Merton c. 7. De Narratione in brâ—vi de recto ab antecessore a tempore Hen. Regis senioris Vid. Sup. Mr. M. p. 52. and 53. Rot. Claus 12. H. 3. De legibus cons observandis in Hib. Rot. Claus 20. H. 3. m. 13. Of Ireland's being bound by Parliaments of England in the Reign of E. 3. a In forma Patenti Vid. Rastals Collect. ed. Anno 1572. a Rot. Stat. Mem. quod istud Stat. cum Stat. precedentibus temp Regis E. â—3 Post conquestum missa sunt in Hiber in formâ Patenti cum brevi seq b Et quantum ad vos populum nostrum illar ter attinet firmiter teneâ—i observari fac c Stat. 11. E. 3. c. 2. P. 68. a Rot. Parl. 20. E. â— Ut memini parte transcripti circa idem tempus amissâ b N. 33. c N. 34. Note This was a disposing of Property d N. 37. e Resp N. 39. Stat. Stap. 27. E. 3. c. 1. 3. Note The Wisdom of that Law 27. E. 3. c. 7. Stat. 25. E. 3. Rot. Stat. M. 15. For the Honour of God and of Holy Church and the Amendment of his Realm a Rot. Stat. de temp E. 1. E. 2. E. 3. M. 15. De Proclamatione Statuti b Consimiles literae diriguntur Justic Hib. mutatis mutandis sub eâdem datâ P. 161. Rot. Pat. 17. R. 2. p. 1. m. 34. The suppos'd Magna Charta for Parliaments in Ireland Rot. Stat. ordinatione pro Statu Hibn. a per Justiciar Conciliumnostrum Hiberniae b Statut. artic per nos in Parliamentis aliis magnis consiliis ad utilitatem populi nri editor factor * Juxta tenorem cujusdam Statuti per nos consilium nostrum Angliae edit missi ad Hiberniam observand b Sub gravi foris facturâ Prelati magnates communitates aut quivis alii c Sub sigillo Cancellar protempore existentis ad Justic Cancel Theâ— nostris Hibern transmittantur d Vocatis ad se Cancel Thes nris Hiberniae cum quibusdam Prel Comitibus quos evocandos noverit e Ex certa causa sub sigil Justic sibi associator a P. 161. b P. 150. P. 161. a Vâ—d Râ—t 〈◊〉 tâ—mp 〈◊〉 E. 2. 〈◊〉 m. 12. 〈◊〉 Sâ—â—t â— m. ◠〈◊〉 36 E. 1. 〈…〉 a In 〈◊〉 Parl. 〈◊〉 Westm b Pâ—r 〈◊〉 Regem 〈◊〉 silium c Eodem medo 〈◊〉 est 〈◊〉 vicecom per Angl. 〈◊〉 Dunelm 〈◊〉 Pr. Walâ—â— Com. Ceâ—â—â— Rob. de 〈◊〉 Constab 〈◊〉 Dover 〈◊〉 stod 5 〈◊〉 Justic 〈◊〉 d P. 68. Of the fancy that the 〈◊〉 had representatives 〈◊〉 in Ireland 〈◊〉 sent from the 〈◊〉 to be 〈◊〉 of Parliament here * P. 95. †P. 97. ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ ð„ P. 98. Vid. Rot. Parl. de temp E. 3. * Vid. Rot. Pat. 5. R. 2. part 2. m. 19. Their Parliament required to send Nuncios P. 97. a Rot. claus 32 H. 3. m. 6. d. Rex Baronibus Hiberniae c Nuntil ex parte vestrâ— b De nostrorum consilio Ut eisdem articulis vobis diligenter expositis c. Et nos praed negotium ad nostrum vâ—strum honorem effectui mancipare curabimus sine ex heredatione vestrâ P. 96. P. 85 98. Of the Statute of the Staple 2 H. 6. and the Resolution of the Judges upon it Pais du Roialm P. 90. Salve la Prerogative le Roy. 3 H. 6. c. 4. P. 90. P. 91. 1 H. 7. Note Ireland not named yet the Courts in Ireland certainly included 1 H. 7. f. 3. Come bill fait en temps le Roy que ore est P. 92 93. Vid. Brook tit Parl. sec 90. P. 118. Is Ireland's being named in an English Act of Parliament the least step towards the obtaining the consent of the people of Ireland P. 157. P. 155. a P. 105. b From 33 H. 8. An. 1542. at soonest * P. 105. P. 65 66. P. 68. Object P. 79. P. 63 64. Vid. sup Davis f. 21. b. An. 1172. His politicks and seeming popular notions wrong and â—isapplyed P. 4. P. 150 151. P. 152. Hooker l. 1. sec 10. He adds P. 24. P. 20. P. 21. Vid P. 143. The People of England ought to be fully repay'd Prerog P. 166. P. 166 167. 3. C. 4. P. M. Vid. etiam Mr. M. p. 160. of the Staâ— 10. H. 7. P. 160. P. 170. P. 171. Pag. 172. Of the Consequence in relation to Taxes Pag. 88 89. Pag. 105. Of the uncertainty what Authority to obey Pag. 58. Pag. 16â— Of the supposed Inconvenience to England Vid. Glanvil de Seditione Regis vel Regni inter crimina lesae Majestatis Vid. Rot. Parl. temp E. 3. H. 5. ERRATA PAg. 5. Lin. 8. for have ' r. know ib. l. 14. r. grievous ib. p. 7. l. 9. for must r. might ib. l. 18. r. you represent p. 11. l. 26. r. and nature p. 12. l. 23. r. first expedition p. 29. l. 25. for will r. would p. 41. l. ult for none r. no Charter p. 62. l. 18. r. and that p. 63. l. 23. r. Jurisdiction which p. 64. l. 25. r. from p. 70. l. 5. r. would p. 87. dele voluntary p. 95. l. 11. r. H. 3. p. 104 l. 13. for the r. that p. 108. l. 6. r. here p. 112. l. 4. r. when p. 115 l. 12. dele chief â— 122. l. 20. r. carta p. 133. l. â— r. be then p. 134. â— 1. r. there then ib. l. 9. for me r. him p. 139. l. 9. for 1st r. 17th p. 144. l. 1. for that r. tho' p. 165. l. 15. r. Precedent p. 173. l. 21. r. Marchers p. 174. l. ult dele we p. 184. l. 24. r. consider only p. 195. l. 19. r. express p. 200. l. 4. â— Poyning's p. 201. l. 21. and 22. r. 1. As c. p. 202. l. ult r. who with his States p. 204. l. 23. for did r. does p. 212. l. 9. for there r. here