Mother Country must not be hindred from acting what they shall find necessary for the Common Good because of their absence even although it should respect themselves and this without depriving them of any their Just Rights because their Liberty and Privilege still remain'd to them of choosing their Representatives to the Supream Legislature and they might have exercis'd it if they had stay'd at home and may again whenever they 'll please to come in place They have indeed an Authority delegated to them from the Head to Enact such Laws in their Settlement as may be requisite for the Circumstance of that place but no such Privilege can ever be extended to rescind and abrogate their Allegiance and Subjection to the Head of the Empire But I shall come to Enlarge further upon this by and by And now to go on with Mr. Molyneux He speaks of two Acts made by the Parliament of Ireland viz. 10th Hen. 4. and 29th Hen. 6. wherein it was Enacted That the Statutes made in England should not be of force in that Kingdom unless they were allow'd and published there by Parliament It is not impossible but that in those days there might be some People there who were of this Gentleman's stamp for assuming as much power as they could right or wrong if they could but colour it under the specious pretence of their Ancient Rights and Privileges and they might think the Reigns of those two Princes a Favourable Conjuncture for such an Attempt The first of them got the Crown of England by his Sword and manag'd things as smoothly and easily as possible and perhaps never thought himself so secure as to exert the utmost Authority of his Government on every Occasion that might offer Henry the Sixth was a weak Prince govern'd and manag'd at different times by the two Factions of York and Lancaster from whence arise Civil Wars and his own Deposing A better time could never happen than during the Troublesome Reign of this King to attempt such Innovations But what if the Parliament of Ireland did enact a Law derrogating from the Authority of the Parliament of England could this abate any thing of that Right which England had before But 't is plain that if they did any such thing they did but think that English Acts of Parliament could not in any case bind Ireland for 't is certain both from the Reason of the thing and former Practice that in some Cases they might and did and even in the Second Year of this King Henry the Sixth as he quotes it the Staple Act expresly naming Ireland was made surely the Parliament of England must consist of much more Considerable Men than the Parliament of Ireland in those days could and they were most likely to know best what they had to do And it seems as if the People of Ireland themselves had no Opinion of the Validity of these invalidating Acts in Mr. Molyneux's Sense because they did not plead them in Bar of the Staple Act in the Case of the Merchants of Waterford which he gives us hereafter There is yet much more reason to believe that these Statutes were made on the very Occasion which he hints to remove Scruples or satisfie the Judges in relation to some Laws for the administration of Justice that were extant in England and they might have some doubt whether they ought not also to obtain there since the generality of the English Statutes were reciev'd in Ireland and therefore the Parliament of Ireland for the clearing any such difficulty for the future might possibly declare that such Statutes were not of force there 'till they had been establisht by them And I may easily grant him that the End and Intent of the Institution of a Parliament in Ireland was that as they were separated from England by the Sea they should have Authority to make and adapt Laws among themselves suitable to their own Circumstances and fit for the well-ordering of the Affairs of that Kingdom and therefore the Parliament of England did not think fit to impose upon them such Laws as were from time to time enacted suitable to the Occasioâ—s of the Realm of England but left the People of Ireland at Liberty to choose or refuse such as they thought fit and from this Reason it must be that so many of the English Statutes as he instances have been introduc'd into Ireland by passing them into Laws in their own Parliament The generous English Constitution doth not impose any Laws of this Nature or for raising Taxes upon any of the Subjects of their Dominions without their own Consent by their Representatives this is The Great Charter of English-men And because 't was thought that the People of Ireland could not conveniently send Representatives to the Parliament in Englaand they were therefore authorized to hold Parliaments among themselves for the tranâ—acting such Affairs we allow it to all our Colonies in America and even Wales after their submitting to the Government of England was not Taxt 'till they were admitted to send their Representatives to Parliament This I speak of such Laws which regard the administration of Commutative Justice regulating their own particular Affairs or raising Taxes But there is yet a higher kind of Law inherent in the Constitution whether it may be call'd the Law of Parliaments or the Common Law I leave it to Men of more Judgment in these Matters than my self to define it but I mean that which comprehends the Subjects of the whole Empire and must be of Authority to ordain certain Regulations which shall be binding upon the Whole in extraordinary Cases where the well-being of the Universality is concern'd England must be allow'd to be the Head of this Empire from whence all its Members do derive their Being and must depend for their Support and Protection the Riches which she attracts from the Benefit of her Forreign Trade is the only means she hath to support her Power and maintain such Fleets and Armies as are requisite for the Defence of all her Territories she must therefore prosecute all justifyable Methods for the preserving her Commerce and hath the utmost reason to restrain her Members from any prejudicial interfering with her in her Trade because this hath a direct Tendency to weaken her Power and render her incapable of supporting the great Charge of her Government For this end then or the like Extraordinary Occasions those Laws have been made by which the distant Dominions are bound and such have been the Acts of Navigation the Acts for hindering the Transportation of Wools from Ireland to Forreign Parts c. And though these Statutes are enacted when the Occasion requires yet they are not so much to be lookt upon as New Laws to use his own Expression as it were declaratory of the Supream Authority virtually inherent in and inseparably united to the Imperial Constitution and which hath been always exercis'd by this Kingdom and all other Governments that have had Colonies
imparted to me by a very Learned and Observing Gentleman of our House of Commons whose Credit I can relye on without troubling my self to search the Records and I doubt not but Mr. Attwood hath been much fuller in this particular though I deny my self the reading his Book till my own be perfected The Statute of York 12 Ed. 1st Enacts Laws to be observed in England and Ireland 11 Ed. 3. cap. 3. Prohibits any Cloaths to be brought into England Ireland Wales and Scotland for we then claim'd a Dominion over Scotland also but such as were made in the King's Dominions upon pain of Forfeiture 27 Ed. 3. Erects Staple-Towns in Ireland 34 E. 3. cap. 17. Enacts that Merchâ—â—nts Aliens or Denizons may come into Ireland with their Merchandize and freely return 43 Ed. 3. cap. 1. The Staples of Ireland c. shall be kept at the places where they were first ordain'd 1 Hen. 6. cap. 3. Enacts that the Irish that have Benefices or Offices in Ireland shall abide there upon their Benefices and Offices upon the pain of forfeiting the Profits of their Benefices and Offices for the Defence of Ireland and mentions the like Law made the 1st of Hen. 5th From these and many other instances it evidently appears that England hath always exercis'd a Legislative Iurisdiction over Ireland whenever fit Occasions have made it necessary I have also seen the Irish Acts of Settlement and Explanation and though Mr. Molyneux says that they plainly shew that the Parliament of Ireland may repeal an Act pass'd in England yet I find nothing like it in those Acts but on the contrary the King's Declaration which is of the Body of the Act of Settlement although it takes Notice that the Estates and Possessions enjoy'd by the Adventurers would prove very defective if they were examined by the Letter of the Law because they had not strictly pursu'd and observ'd those Acts of 42 from which they deriv'd their Title yet 't is made the first Business of this Act to confirm these Adventurers in the Inheritance of all the Estates allotted them by virtue of those English Acts of Parliament and 't is provided that if they should be obliged to restore any of those Lands to Innocents they should be first repriz'd to the full Value out of other forfeited Lands What more could be desired to shew the utmost regard to those English Acts of Parliament 'T is true indeed that the Act of Explanation retrenches one Third of the Allotments made to the Adventurers but this could not be construed as any Breach upon the English Acts for if they had taken a greater share than the Lands that remain'd forfeited would amount to 't was but reasonable to reduce them to a just proportion So that here again Mr. Molyneux hath evidently strain'd this Suggestion beyond the Truth of the Fact I have indeed remark'd these things at large in their places but as some more perfect Informations have since come to my Hand I thought they might not improperly be hinted here for the obviating the too great Opinion of Mr. Molyneux's performance with which some may yet remain praepossess'd and preparing them to entertain my Answer with the less prejudice I have heard indeed that 't is not to Mr. Molyneux alone that we are beholding for this Notion but that it hath for several Years past been talk'd on among several of your People and he hath only reduâ—'d it into form and now at last brought it forth into the World and you may observe by the Votes of our last Parliament that they were of the Opinion that several Resolves of your House of Commons gave Encouragement to the publishing of this Book But I would yet hope that many of that Assembly were not so far appriz'd of the Matter as wittingly to Design the doing any thing that should give so great an Offence to England Yet I can assure you from the Conversation I have had with several of the Members of our House of Commons that although they had not Leisure to proceed further upon this Business in their last Sessions 't is however very probable that it may be taken into Consideration again by the ensuing Parliament as a Matter which if it be not check'd in time may produce very ill Effects And you cannot but be sensible of the Dangerous Consequences of breaking the fair Correspondence and firm Confidence that ought always to be maintain'd between the Head Government and its Members and that when Misunderstandings and Iealousies are once entertain'd they are too apt to be improv'd into Extreams on both sides You know also that you have an Old Enemy near you who would be ready enough to entertain hopes of Advantage to themselves from any such Iarrings And you must needs acknowledge that 't is an imprudent thing to provoke those that have not only Right but also Power to support it It hath been an usual Policy with some other Governments to keep so strict a Hand over their Colonys as not to suffer the Criolians or People born there to bear any Considerable Office or Command therein but the Government of England hath not dealt so â—ardly by you and doubtless it will be always your Interest to prevent the giving any Occasion to distrust your Fidelity and to think it may be needful to treat you with more Caution I should think therefore that you cannot do your selves a greater Right than in the next Sessions of your Parliament not only to Censure this Book but utterly to Disclaim also the Notion of your being a Kingdom so absolute within your selves as to be wholly independent of the Kingdom of England I hope I have been able in my following Discourse to Convince any reasonable Person that it cannot be so and that instead of doing you any good 't would tend to your Destruction to have it thought so Yea and if you should Recognize your selves to be a Colony of England as I have shewn that you cannot be lookt upon under any other Consideration I believe nothing can be more agreeable to your Circumstances or better support your Title to what you enjoy in that Country It would also be well worth your Thoughts whether it might not be fit for you to shew your Readiness to Contribute something according to your Ability towards the Reimbursing of England a part of the vast Charge they have been at in recovering that Country and restoring you to your Estates whereby you may possibly prevent the Parliament of England's requiring it of you for I can tell you that since Mr. Molyneux hath started the Thought some of the most considerable Members of our House of Commons â—ave talk'd on 't I have no ill will to Ireland I have had the Honour to have been in Conversation with many of you for whom I have the utmost Respect and personal Esteem and I have been sorry to see so much of an Inclination in some worthy Persons to favour this Opinion of Mr.
if they are in good Earnest willing and able to pay us his Debt the Parliament of England and I hope my good Intention in this matter will obtain their Pardon for my presumption will leave them intirely at Liberty to raise it according to their Methods as regularly in their own Parliaments as he desires and this being as he says all they ask let him but publish himself in Print once more and engage to pledge his own Estate which by the way he may value the less by how much he is indebted to me and the rest of the good People of England for what we have paid to redeem it to the Publick for the performance I 'll engage not only my Estate which is somewhat to me if it be not so great as his but my Life too that the Parliament of England will assent to give them what time they please for the payment of the Principal if they can but give Security for the payment of the Interest at 6 per Cent. though the Interest of Ireland is 10 and I believe I might adventure to promise that upon the performance of such Articles they would make him as Compleat a King of Ireland as ever his King Iohn was and also give him a better Estate to support that Dignity than was given to that Prince I don't love Banter but how can a Man treat such Discourse otherwise is it not certain that we have expended more Money besides the invaluable Blood of our People in the Reductions of Ireland than all the Lands in the possession of the English are worth and yet we have been so generous to them as hitherto not to ask for one penny of Reimbursment from them But see the inconsiderateness of this Gentleman he hath been so far overseen in the saying any thing that he has Thought could give the least support to his unreasonable Argument as not only to scatter many pernicious Notions which the Irish may lay hold on to the Prejudice of the English but here also he hath started a Thought that is capable of being improv'd more to the Benefit of England than to the advantage of his own Country-men as he distinguishes the English of Ireland Is there not Reason that those who receive the greatest Benefit by the Publick Expence should contribute a proportion towards it The People of England receive but a distant advantage by the Reduction of Ireland and yet they have born the whole Charge the Protestants of Ireland have receive'd an immediate Benefit by being restored to very great and improving Estates and yet they have paid nothing the Government of England is extreamly in Debt and the Taxes will continue to lye very heavy upon the Inhabitants of England where the Means of Sustsistance is much harder but Ireland is recover'd into a flourishing Condition and through the great Plenty and Cheapness of Provisions the People there by a little abatement of their abundant way of living may spare Taxes much more easily then England What then if the Parliament of England should entertain this Thought of his and become of his Opinion that they ought to be repaid their Expences and that the People of Ireland are now in a Condition to Contribute something towards it especially since they are already become so Upish and retain so small a Sense of Gratitude for the great Support we have so lately given them as that not only this Gentleman but others also have shewn their Readiness to fly at our Heads and even threaten us with the Consequences of their Resentments for our only offering to Check their Progress in a Manufacture which cannot be carried on there but to the Ruine of England I say if upon these Considerations and so extraordinary an occasion they should require a Certain Summ from the People of Ireland I know not but that it may well consist with that Supream Authority which as I have endeavoured to shew must be of the Essence of every Compleat Empire and that it would be no Violation upon that Constitution which was given them if our Parliament should be content That in preservation of their own Rights and Liberties they may have Liberty to raise it in their own Methods regularly in their own Parliaments Perhaps Mr. Molyneux will tell us that they have a Negative upon us but he hath before put us in mind of an Unlucky Hank that our Admiralty hath on them I doubt the Gentlemen of Ireland won't be well pleas'd with me for touching upon this Point but they must reflect upon their own Advocate but for whom it had never come into my Mind and they ought not to be offended with me for answering him in such a Way as his own Arguments require I never design'd them any ill Office and if any advantage should be taken by this I am as ready as Mr. Molyneux himself for my part in it with the lowest Submission to ask their Pardon What follows next may be prefac'd with a Monstrum horrendum informe ingens cui lumen ademptum We have an Example of this in Point between England and Holland the Glorious Revolution under his present Majesty Holland in Assisting England expended Six Hundred Thousand Pounds and the English Parliament fairly repaid them It would look oddly for Holland to have insisted on disposing of Lord Powis's and other Estates by their own Laws to reimburse themselves An Example in Point then Holland must once have Conquer'd England and have ever since retain'd a Title to this Kingdom and exercis'd an Authority over us in directing all the Principal Managements of our Government Neither can there be any Semblance of their assisting us at that time with Six Hundred Thousand Pounds that Assistance was advanc'd wholly on the Credit of their Stadtholder the then Prince of Orange and the Assistance we had was only owing to him who by the Success of that Glorious Expedition came to be Elected our King and then the Parliament of England considering the Inestimable Benefit England had receiv'd by that most Happy Revolution thought it reasonable to repay them the full Charge which the States had advanc'd on this Account Besides if the Fact had been true the Dutch knew we were well able to repay them and they have had their Money to their Content but we knew that the People of Ireland if they would have beggar'd themselves could never have reimburst us and therefore we have not and perhaps then never intended to ask them for it May this be call'd an Example in point too After this can there be a more Odious Comparison than what he infers that the Dutch had as much reason to insist on the disposing Lord Powis's and other Estates as our Parliament had to meddle in the matter of the Forfeited Estates of Ireland I have sufficiently shewn how the Government of England hath a Just Right to the Forâ—eited Estates in Ireland but surely the Dutch cann't pretend to any Right to Estates forfeited in England
Molyneux The sense of Power and Profit prevails much upon Humane Frailty nay it easily subdues our Reason and makes us unwilling to entertain Convictions against what we have believ'd to be our Interest but I have endeavoured to shew those that are mislead in this Matter that it can by no means be their Interest to be freed from the Iurisdiction of the Parliamentary Authority of England You know that you are not able to protect and defend your selves against the Rebellions of the Irish and that the Kings of England cannot raise Money upon the People to help you without their Consent in Parliament would you have them then only to have Authority to raise Money and appropriate it to your Service without having any more to do with you Or can you think that the Parliament of England will ever more assist you upon those Terms rather may they not with good Reason demand a Reimbursement of what Mr. Molyneux owns to be due to us for former Assistances which would doubtless amount to a greater Sumâ— than you are ever able to pay People that do good Offices expect at least a grateful Acknowledgment from those that receive them We have never been sparing of our Blood and Treasure to help you in your Distresses and yet 't is too well known that many of your People have been apt to speak very stightingly of what we have done for you and to tell us that what we did was not out of regard to them but to our selves And since the Bill design'd to restrain you from spoyling us in our principal Trade of the Woolen Manufactury by underselling us in Forreign Markets we have been sharply reflected upon in print as if we were about to ruine and undo you and even deny you Earth and Air and the common priviledges of Mankindâ— Nay we were after a â—ort Threaten'd with the Danger of your joining with some other Interest than that of England or of your quitting the Country c. and even Mr. Molyneux hath given some toucheâ— upon the same stringâ— Give me leave to tell you that this is not lookt upon as a modest or friendly Behaviour much less does it denote any sense of Gratitude retain'd in a People that were so lately Reliev'd by England and restor'd to the enjoyment of plentiful Estates which they must never have expected but through the Help of England and this hath been done wholly at our Cost and they have not hither to been askt to Contribute one Penny towards it some People would not surely have so soon forgotten so great a Benefit I am yet desirous to reason a little with you upon this Matter but 't is hard to use so much plainness as is requisite without giving Offence to some which I would as far as possible avoid my Design being real Friendship and Good-will to you and I should rejoice if I might be instrumental to Reconcile you to an even Temper of Mind but that 's hardly to be done with such as shall persist to be of the Opinion that they are altogether in the right Suffer me however to tell you that you have ways enough to employ your Poor without the Woollen Trade which with you as to those sorts that hurt us is a New Undertaking You have large and encouraging Improvements arising from the product of your Lands your great quantities of Provisions Butter Leather c. afford you a fair Foundation for Forreign Trade besides you are very capable of a Linnen Manufacture if you will employ your Stock and Industry that way On the other hand England hath for many Ages apply'd her self to the Woollen Manufactury the poor are settled in it and have no other way of Livelyhood she hath no means of gaining Wealth sufficient to support her Government without it but your being able to work so much cheaper must of consequence abate the prices to so great a degree as that she cannot be able to hold the Trade which in time will cause a decay of her Wealth and Power draw inevitable Ruin upon her whole Empire and involve your selves in the same Is it not easie then to determine for whom 't is reasonable to give place in this Contest 't was upon this Consideration you have been restrain'd from exporting your Wools to any Country but England and is not the necessity of restraining the Manufacture thereof much more cogent Bear with me to say that the evident reason of the thing is sufficient to convince all Mankind that England must be perpetually oblig'd to preserve this Trade to her self that she cannot suffer any of her Members to interfere with her in it and that to advocate against so just an exerting of the Supream Authority shews only a self-seeking Temper in Minds that would grasp all to themselves without having any regard to the Well-being of the whole Community of which they are but Members You see the People of Romney-Marsh are not willing to be hindred from sending their Wools to France and the justice of the thing is as much to them as you the only difference is that they being within the Realm of England send Representatives to the Parliament and yet perhaps they would have been as far from consenting as you if they had not been over voted But there would be no possibility of conserving Societies if such Compulsions might not be exercis'd towards particulars We must yet own that 't is but a natural infirmity for Men to be hardly perswaded into the right reason of things which they believe to be against their own Interest nay we find that they are too apt to be prejudic'd against such who endeavour to convince them of their Mistakes and as we observe that particular Persons are subject to prevailing Inclinations so also there are Habits and Dispositions that are in some measure peculiar to distinct Countries and People from whence it hath been usual to give general Characters of the Inhabitants of particular Countries according to the Virtues or Vices that have been noted to be most predominant among them neither is it difficult to assign some natural causes from whence such habitual Dispositions may proceed for some instance whereof I would offer the consideration of a Colony well settled in an abundant Country where the People find very easie means of subsistence and improvement and are in great measure exempted from the solicitious Cares and Difficulties of Life that attend the Inhabitants of places that are more populous and fully cultivated and where also they have been us'd to exercise a large Dominion and Power over the Natives who have been always kept in a servile Obedience and Subjection to them to a far greater degree than can be practiced in a Country where the People enjoy a more equal share of Liberty Is it not reasonable then to expect that the Inhabitants of such a Colony may be naturally Generous Hospitable Free of Conversation and of Couragious and Bold Spirits These are Virtues which every Body
observ'd upon his way of Arguing I believe it will be found that this doughty piece of Irish Learning will appear but a very indifferent performance I would not however detract from any thing that may deserve applause and therefore must commend his smooth way of Expression and own him to be a good Master of Words but yet to have applyed them so ill will still continue him under the Censure of being much wanting either in Integrity or Judgment and makes this Book of his to deserve no better a Character than that of Vox praeterea nihil I have heard indeed that some have been taken with the seeming Modesty and Submission with which he introduces his Discourse as if it were but an innocent representation of the ancient Rights and Liberties of the People of Ireland and a just Remonstrance of some Encroachments and Invasions made upon them by the Government of England but if it shall appear that the Kingdom of England hath a certain Jurisdiction over them and that it hath never treated them otherwise than according to the Rules of Justice and with such a due Policy as becomes every Supream Authority to Exercise over all the Members of its Empire for the Conservation of Peace and Tranquility to the whole and in that have not exceeded the Bounds of a reasonable and just Dominion that part of the Empire that shall endeavour to withdraw themselves from the Subjection which they justly owe to the Supream Government that hath always protected and defended them and shall challenge to themselves Immunities and Privileges which never were or could be granted them without prejudice and injury to the greater Body of the Government deserve not to be considered as Assertors of their own Rights but rather as Invaders of the lawful Authority which God hath placed over them and certainly it must rather be Matter of Contempt and Derifion than of Commendation to see a Man treat his Superiour with a strain of Fine Smooth Gentle Words and Fawning Complements upon a Subject that is altogether imposing and odious to him Thus much I thought requisite to premise and so shall proceed to the Examination of his Discourse In which I intend to take Notice only of such matters as I shall think most Observable In his Dedication to the King he Humbly implores the Continuance of his Majesties Graces to them by protecting and defending those Rights and Liberties which they have enjoy'd under the Crown of England for above 500 Years and which some of late do endeavour to violate His most Excellent Majesty is the Common Indulgent Father of all his Countries and hath an equal regard to the Birth-rights of all his Children and will not permit the Eldest because the strongest to encroach upon the Possessions of the Younger Here is should be Noted that by the Crown of England he must intend the Kings of England as distinct from the Kingdom although I think this a very improper way of Expression which is evident from his Simile of the Eldest and Youngest Child as well as by the whole Design of his Argument and this perhaps might have serv'd the turn in making his Court to a Mac Ninny or a Prince â—ond of the Irish Nation but it looks but like a course Complement to his Majesty to entertain him with a meer begging the Question when he knows right well at what a vaâ—t Expence of the Blood and Treasure of England that Country was so lately under his Glorious Conduct reduc'd to its Obedience and he is too Just and Generous a Prince to endure that any Parasite should perswade him that any acquisition gain'd at the Expence of great Taxes rais'd upon the whole Body of his Subjects of England and even appropriated by the Parliament for the particular Uses in which they were to be employ'd can appertain to him in any propriety distinct and separate from the Imperial Crown of England Neither is it reasonable for him to expect that his Majesty should believe that the Some he means are about to violate their Rights and Liberties without clearer Proof than any he hath brought But it may be worth Inquiry to know in what sense he brings Ireland in with us for an equal share of Birth-right allowing us no higher Priviledge than that of being the Elder Child If he means this with respect to the Old Irish surely the many Disturbances they have given us and the many Occasions we have had of reducing them by force of Arms may fairly admit us to some higher Title over them but if he means it of the English Inhabitants they will certainly own themselves to be descended from England and it would ill become them to start up and call their Mother by the Familiar Appellation of Sister What he hints of encroaching upon their Possessions cannot be taken to have any fair Meaning unless he intends thereby to blame us for seizing the Estates of those that have been in Rebellion against us In his Preface he tells us How unconcern'd he is in any particular Inducement which at this juncture might seem to have occasion'd his Discourse He hath no concern in Wool or the Woollen Trade he is not interested in the Forfeitures or Grants nor solicitous whether the Bishop or Society of Derry recover the Lands they contest about I believe seven Eighths of those Gentlemen of Ireland that have been so busie in soliciting against the Woollen Manufactury Bill might make as fair a Protestation as this and yet it seems they thought themselves concern'd in the Consequence of that Matter but his Reach in this is to shew his Dislike of the Parliament of England's medling with the Business of the Forfeited Estates as well as the rest He says 'T is a Publick Principle that hath mov'd him to this Vndertakeing he thinks his Cause good and his Country concern'd 't is hard if they may not complain when they think they are hurt and give Reasons with all Modesty and Submission The Great and Iust Council of England freely allow such Addresses to receive and hear Grievances is a great part of their Business and to redress them their chief Glory but that 's not to be done till they are laid before them and fairly stated for their Consideration 'T is yet but a Private Principle to become an Advocate for a part against the Whole his Name shews him to be of English Extraction and I know none of his Neighbours under that Circumstance who don't reckon it a Privilege that they may still own Old England to be their Country and be owned by her though they are permitted to live in Ireland if they please what if they are not hurt and the nature of their Complaint be such as that it cannot be thought to be within the Bounds of Modesty and Submission how could he be so fond of his Project as to imagine that the Parliament of England would freely allow such an Address which impeaches their own just Authority They
will never think the publishing a Book to the World which is little better than Sheba's Trumpet of Rebellion to be a fair way of stating Grievances but that 't is a part of their Business and their Glory when they think it worth their while to call such Authors to account for their Boldness I begin now with his Book which as near as possible I shall follow in order and for the Authorities which he hath quoted I shall leave them to him very little disturb'd but take them as he gives them whether they are right or wrong only making such Observations as may result therefrom or from his own Reasonings He begins with a very fine Complement again to the Parliament of England and then take upon him to give them Due Information in matters wherein as he says another People are chiefly concern'd and tells them that he could never imagine that such great Assertors of their own could ever think of making the least breach upon the Rights and Liberties of their Neighbours unless they thought that they had Right so to do and that they might well surmise if these Neighbours did not expostulate the matter and this therefore seeing all others are silent he undertakes to do but with the greatest deferrence imaginable because he would not be wanting to his Country or indeed to all Mankind for he argues the cause of the whole Race of Adam Liberty seeming the Inherent Right of all Mankind Now it seems from Children of the same Parent we are become another People and Neighbours the Irish may be said to be another People though they have not been very good Neighbours to us sometimes but the English we may justly challenge to be our own and not another People and we shall hardly admit them to be our Neighbours in such a sense as that we should transact with them in Matters of Government upon the same foot and at equal distance with our Neighbours of France Holland c. If they expect this from us I hope they 'll shew us the respect of sending their Ambassadours to us and do this Champion of their Liberties the Honour to let him be the first Can he think the Parliament of England will believe themselves to be civilly treated by him because of his fine Words when he is Suggesting to the World as if they acted so unadvisedly in their Councils as to proceed upon Surmises and to take upon them to do what they do but think they have a Right to when indeed they have none at all But doubtless Manking will ever have a higher Veneration for those August Assembles than to think them as subject to be mistaken in these Matters as one presuming single Gentleman But he argues for Liberty the right of all Mankind A Glorious Topick indeed and worthy of the utmost Regard especially from such great Assertors of it as an English Parliament But if People should ask for more then ever was their Due and challenge a Liberty of acting every thing they should think for their own profit thought it were to the Damage and Injury of others to grant this would be an Injustice and a sinful Liberty may as well be pleaded for such Expostulations as these are abominable and to assume such an equality with our Superiours as was never granted us is an Arrogance that might rather have been expected from 〈◊〉 Irish than an English Man And after all this 't is not enough for a Man to say If the great Council of England resolve the contrary he shall then believe himself to be in an Error and with the lowest Submission ask Pardon for his Assurance and he hopes he shall not be hardly censured by them when at the same time he declares his Intention of a submissive Acquiescence in whatever they resolve for or against Such Subjects as these as I have said before are beyond the Bounds of Modesty and cannot admit of any such Apologies He comes now to tell us the Subject of his Disquisition shall be how far the Parliment of England may think it reasonable to intermedâ—le with the Affairs of Ireland and bind up those People by Laws made in their House This is certainly a very odd stating the Question What need has he now to enquire since he knows already how for the Parliament of England have thought it reasonable to intermeddle Another Blunder as bad as this is his Talking of Laws made in their House Dotâ— he not know that our Laws are not made without the Concurrence of Two Houses and the Assent of the King also as the Third Estate But we will take his Meaning to be to enquire how far it may be reasonable for the Parliament of England to intermeddle c. and join Issue upon that Next he gives us fix Heads from which he undertakes to argue that they can have no such power For the First He pretends to give us the History of the first Expedition of the English into Ireland his Design being to shew That the first Adventurers went over thither yet with the King's License upon a private Vndertaking in which they were successful but that afterwards when King Henry the 2d came over with an Army the Irish generally submitted to him and received him to be their King without making any Opposition from whence he seems to suggest that Ireland subjected it self only to the King but not to the Kingdom of England But he should have considered that the Government of England was a limited Monarchy which was sufficiently acknowledg'd even by William the 1st commonly call'd the Conqueror in his Swearing to preserve the Liberties and Privileges of the People at his Coronation and confirming the same to them by his Charter and though he did indeed afterwards violate them in a greater measure than ever they had been before or since yet neither he nor his Successors did ever take upon themselves to be absolute Monarchs The great Power and Prerogative of an English King then can only be due to them as to the Supream Magistrate and Head of the Kingdom and not in any seperate propriety annext to their Persons as distinct from the Common-Wealth If then Henry the Second carried over an Army of English into Ireland it ought to be considered as the Army of the Kingdom for it is held as a Principle with us that no King of England may raise any Forces in this Kingdom but what are allow'd to be the Forces of the Kingdom I am not here arguing whether ever any King did or did not take upon him such an Authority but 't is sufficient for me to offer that he could not by right and according to this Authors own way of arguing what may not be done of Right ought not to be argued or brought into President if our Rights have at at any time been invaded and usurp'd upon this Nation hath had many Opportunities of Vindicating them and we do not believe that what we enjoy
at this day have been gain'd or Extorted from the Ancient Authority or Just Prerogatives of the Crown but that they are due to us from the first Constitution and Time immemorial and that such Violations which have been made upon our Constitution by means of what was call'd the Conquest or otherwise have been justly retriev'd so that in respect of Matters which regard the Right and Authority of the Kingdom we may judge according to what is visible and without Controversie admitted at this day The Right and Reason of Things ever were and ever must continue to be the same according to these Principles then can it ever be admitted that any acquisition obtain'd in Ireland by an English Army under the Conduct of King Henry the Second could be appropriated to the King distinct from the Kingdom We do indeed freequently find in History and we practice it no less in our Common Discourse that the Name of the King is us'd by way of Eminency to signifie things done under his Authority and Conduct as Head and Chief when it is never intended to be applyed to his Person for if I should say the King of England took Namure in sight of the French Army every Body would know that I meant the Confederate Army under the Conduct of King William took it In like manner we say such a King made such Laws when indeed the Parliament made them And if it will but be allow'd that the Irish submitted to King Henry not out of fear to his Person but for fear of his Army I can make no doubt but that the Submission was made to him as King and Head of the Kingdom of England and not as Duke of Normandy If he should lay stress upon their Submitting to the King and his Heirs that can import no more than what the Words us'd at this day to the King his Heirs and Successors do better explain The Second Argument is to shew That Ireland may not properly be said to be conquered by Henry the Second or in any succeeding Rebellion I shall not dispute with him in how many differing Senses the Word Conquest may be taken I will grant to him that Ireland was not Conquered by Henry 2d in such a sense as to enslave the People or subject them to an absolute Power and yet for all that the Word Conquest meaning a forcible gaining is much more applicale to Henry the Second's acquisition of Ireland than to William the First 's obtaining the Crown of England he had a pretence and came not to Conquer but to Vindicate his Right he was encourag'd to come over abetted and assisted by a great Number of the People who hated Harold's Government he fought against Harold who was not generally consented to by the People as a Lawful King and his Abettors but not against the Body of the People of England he pursu'd not his Victory like a Conqueror but receiv'd the chief of the People that came to him with Respect and Friendship they chose him for their King he swore to conserve their Laws and Liberties and to govern them as their Lawful Prince according to their own Form of Government On the other hand King Henry had no such Pretence of Right to the Kingdom of Ireland his Descent was a prrfect Invasion he was not call'd in by the People of Ireland and his Business was nothing else than to Conquer and Subdue the Kingdom 'T is true the People made no Opposition but 't was because his Power was dreadful to them what 's the difference between yielding to an Invader without fighting or after the Battel more than that one shews want of Courage the other of Success but are not both alike to the Gainer when he hath got his point The Irish made no Terms for their own Form of Government but wholly abolishing their own they consented to receive the English Laws and submitted entirely to the English Government which hath always been esteem'd as one of the greatest Signs of a Conquest But if he will be satisy'd in what sense the People of that time understood it let him but look again into his Giraldus Cambrensis and see how he can translate the words Hibernia Expugnata and what 's the Meaning of Qui firmissimis fiidelitatis subjectionis vinculis Domino Regi innodarunt But what may put it out of all doubt that the Body of the People of Ireland made an intire Submission to the Kingdom of England in the Person of King Henry the Second is his own Quotations Omnes Archiepiscopi Episcopi Abbates totius Hiberniae receperunt eum in Regem Dominum Hibernieae jurantes ei haeredibus suis fidelitatem et regnandi super eos potestatem in perpetuum et inde dederunt ei Chartaes suas Exemplo autem Clericorum praedicti Reges Principes Hiberniae receperunt simili modo Henricum Regem Angliae in Dominum Regem Hiberniae et sui devenerunt et ei et Haeredibus suis fidelitatem contra omnes iuraverunt And in another Nec alicujus fere in Insula vel nominis vel ominis er at qui Regiae Majestati et debitum Domino Reverentiam non exhiberet And yet after he hath made these and more such like Quotations 't is strange to see the same Man come and say From what forgoes I presume it appears that Ireland cannot properly be said so to be Conquered by Henry the Second as to give the Parliament of England any jurisdiction over us He makes out an entire Submission to the King of England and yet allows no Jurisdiction to the Parliament of England Let him shew us if he can by what Right a King of England may take to himself a separate Dominion over a Country brought into Subjection by the help of an English Army so as that it shall be no way subjected to the Parliamentary Authority of England But such arguing as this must either render him very Ignorant of the Constitution of our Government which I believe he would not be thought or wilfully guilty of maintaining an Opinion destructive to the Rights and Priviledges of the People of England I think him very much out in asserting the Rebellions of Ireland to be of the same Nature with the Commotions that have happen'd in England However Historians may make use of the word Rebellion to please the Party that 's uppermost yet there 's an easie distinction to be made between a Rebellion and a Civil War when two Princes contend for the Supream Government and the People are Divided into opposite Parties they fight not against the Established Government of the Kingdom the Dispute being no more but who hath most right to be in the supream administration of it Or if the People find themselves opprest and their Liberties and Properties invaded by their Prince and they take up Arms to restore the Government to its right Basis in both these Cases it may most properly be term'd
thus we see that how great soever that Jurisdiction was which the King in Parliament granted to his Son Iohn he yet remain'd no more than a Subject of the Kingdom of England and was treated accordingly in his being Try'd and Condemn'd by the Laws thereof Moreover it may be noted that upon his accession to the Imperial Crown of England whatever Feudatory Royalty he had before became now merg'd and extinguisht in his own Person which by reason of it's being Head and Supream could not at the same time be capable of any Feudatory Subjection so that there was an absolute determination of the Former Grant which could not agâ—in be reviv'd but by a New Donation upon another Person I hope I have now so far remov'd this main Pillar of Mr. Molyneux's Structure that I may take the Liberty as often as I shall have Occasion hereafter to deny positively that King Iohn was ever made absolute King of Ireland without any Dependance on England Here Mr. Molyneux had brought his Argument up to a pitch and concluded us under a perfect real Seperation and thus he puts it upon us let us suppose That King Richard had left Issue whose Progeny had governed England and King John 's Progeny had governed Ireland where then had been the Subordination of Ireland to the Parliament or even to the King of England Certainly no such thing could have been then pretended But this is but a Supposition and fit for none but People of his size who take up Matters by Appearances and Presumptions and assume the Confidence from thence to be positive in their Assertions giving no allowance for the possibility of being mistaken But we need not suppose in this matter but may be confident that the Supream Authority over Ireland must always have continued in the Kingdom of England as it does at this day and he hath made nothing appear to the contrary De non apparentibus non existentibus eadem est ratio Yet I cann't but remark how he enjoys himself in this Supposition when he thought he had gain'd his Point Where then had been the Subordination if any such there be it must arise from something that followed after the descent of England to King John for by that descent England might as properly be subordinate to Ireland as the Converse because Ireland had been vested in King John twenty two Years before his accession to the Crown of England Yes and 't was the ancienter Kingdom too Is it likely that King Iohn who had not before thought so well of his Kingdom of Ireland as to make it his residence but chose rather to remain where he was but a Subject when he was now become a real King of England should be so far taken with the Fancy of the ancientest Kingdom if it were so as to put the greater and by many degrees the more powerful more pleasant and more civiliz'd Kingdom in subordination to the less which was then of no Power or Consideration in the World and that he should be better pleas'd with the Stile of Lord of Ireland and King of England than that of King of England and Lord of Ireland or is it likely that England who in that very Age had subdued Ireland and added it to its Empire should now be contented to submit it self and become subordinate to Ireland so as that the Administration of the Government there should direct the grand Affairs of England is not this perfect Jesting and Fooling with Argument But he tells us If perhaps it will be said that this Subordination of Ireland to England proceeds from Ireland 's being annext to and as it were united with the imperial Crown of England by several Acts of Parliament in both Kingdoms since King John 's time This is well acknowledged for it makes out clearly that Ireland is a Kingdom as firmly united to the Kingdom of England as the Legislature of both Kingdoms could do it If he would yet distinguish between the Imperial Crown as his words are and the Kingdom I have shewn before how there cannot be any such distinction in England But though in the former Passage of Iohn's being created an Independent King by Act of Parliament he shews himself to be quite overseen and blinded by his depending so much upon it through the rest of his Argument yet he perceives plainly that a fair Inquiry into this Annexing will not turn to account for him and therefore although he is not wanting to be very particular and exact in his Numerous Quotations of other Authorities yet here he is cautious of imparting any further Light into this matter than just to tell us there are several such Acts of Parliament both in England and Ireland Surely these English Acts might be said to be binding upon Ireland and therefore too they must be conceal'd and we shan't have one Word of them anon when he pretends to reckon up all those Statutes that the English Parliaments have made to affect Ireland And I cann't find that he meddles with it any more tho' he says that He shall enquire more fully hereafter how this operates But for the present he only tells us That he conceives little more is effected by these Statutes than that Ireland shall not be alien'd or seperated from the King of England who cann't 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 and the Subjects of Ireland are oblig'd to obey c. Doth not this strongly assert the Parliamentary Authority If he had said that it should not be alienated or separated from the Kingdom he had spoken English and set the matter right but if he will insist upon so fine a Conceit as to divide between the Political Capacity of the King and the Kingdom if it be not bad English is however Language that cann't be understood in England Now he tells us of King Iohn's going again into Ireland about the Twelfth year of his Reign of England where above Twenty little Irish Kings did again do Homage and Fealty to him and he constituted the English Laws and Custâ—â—s among them placing Sheriffs and other Ministers for the Administration of Iustice to the People according to the English Laws This is a further Proof of the intire Resignation and Submission of the Irish to the Government of England He goes on King Henry the Third his King Iohn's Son in the first year of his Reign granted to Ireland one or two Magna Charta's but he owns that 't was by the Advice of his English Privy Council Let it again be Observ'd that this King did not transact this Matter by any seperate Authority but did it in his Privy Council which is exactly according to our Constitution and that being the same Method in which all the Administration of the Government of the Kingdom of England was directed it shews that those Kings govern'd
Ireland in no other Manner than as a Member of the English Empire We agree with him that all the Rights and Liberties of English-men were granted to the People of Ireland that they had the Privilege of holding Parliaments and in short that they had a Compleat Jurisdiction and Form of Government settled and allow'd to be exercis'd among them as far as was requisite for the well-governing and regulating the particular Management of the affairs of so considerable a People that were now become a Member of the English Empire and were seperated by Sea from the Seat of the Supream Government Yet all this must be understood to be no otherwise than in Subordination to the Supream Authority of England which is Evident not only from the Reason of the thing but also from the Practice that hath always been Observ'd Can it consist with Reason to believe that any powerful Government should subdue another Nation much inferiour to them in strength place a Colony of their own people among them make them Denizons and endow them in all the Privileges of their own Subjects and yet because they gave them their Laws and constituted the very same Manner of Government among them as was exercis'd by themselves that therefore they could not be in any Subordination to the Kingdom that thus far subdu'd and settled them but must ever after be esteem'd as a People fixt upon a distinct Foundation and as much seperated from them as they were in the state of Nature Sure this is too absurd to be insisted on But the constant practice which hath been us'd in the Administration of that Government from the first times of their becoming a Member of our Empire shews that the Kings of England did never treat them as a Propriety of their own and distinct from the Jurisdiction of this Kingdom were not these Magna Charta's as his own Authorities prove given with the Advice of the Privy Council of England and have they not always had Governours sent them from hence whether under the Title of Lords Lieutenants Deputies Justices Presidents or otherwise and that not by the King alone but nominated in the Privy-Coâ—ncil and have not these Governours been accountable to our Parliaments for any Male-administration there All the prime Motions and Supream Managements of their Government are likewise consulted and directed by the King in his Privy-Council here such as the Calling Proroguing or Dissolving of their Parliaments and the Approving all their Acts the Sending over and Establishing what English Forces shall be kept there the Appointing all Officers Military and Civil c. Is this like a Separate Kingdom an Independent Government or a Neighbour Nation as free as in the State of Nature Can any Man be so ignorant as to maintain that the Privy-Council of England may have Authority where the Supream Legislature the Parliament hath none Doth this leave room to say that England and Ireland though govern'd under one and the same Supream Head yet are as seperate and distinct in their jurisdictions as are the Kingdom of England and Scotland at this day The Privy-Council of England never intermeddle in the Business of Scotland the King transacts the affairs of that Kingdom through the Hands of the Scotch Secretaries who always attend him in England the Royal Family of the Stuarts were their Lawful Kings and when our King Iames the First succeeded as Right Heir to the Kingdom of England although he remov'd his Residence hither because this was the much more Considerable Kingdom yet no alteration could thereby be made upon their Jurisdiction but the Constitution of their Government remain'd as entire within themselves as before but this Author himself hath sufficiently made out that the Accession of Ireland to England was in such a manner as totally abolish'd their former Constitution if they had any and subjected them to become a Member of the English Monarchy I think I have said enough of these Matters already to set them in a truer Light than this Gentleman hath represented them and shall not give my self the Trouble to Remark divers other Passages which result from the same Erroneous Way of Arguing nor to meddle with his long History of what English Laws and in what manner they were introduc'd into Ireland more than to argue some few Points with him He says If we now enquire what were those Laws of England that became thus establisht in Ireland Surely we must first reckon the great Law of Parliaments c. Is it not the highest Sanction of the Parliamentary Authority that all the Subjects of the Empire must obey its Supream Decrees In receiving then this great Law of Parliaments were not the People of Ireland for ever obliged as well as to all its former Statutes so also to whatever it should for the future enact concerning the whole Empire in which they now became comprehended But Mr. Molyneux means that Law whereby all Laws receive their Sanction The free Debates and Consent of the People by themselves or by their chosen Representatives His drift in this is to perswade us that because it was granted to Ireland to hold a Parliament within themselves by their own Representatives that therefore they ought not to be in any Subjection to the Parliament of England wherein they have no Representatives and 't is upon this Point that he mightily values himself in much of his after Discourse yet he cann't tye this Knot so fast but that it may well enough be undone This Parliament of theirs could not be granted them further than for the managing their own Affairs among themselves but the Supream Legislature of the whole Body must be permanent and fixt in its Head according to the first Constitution and cannot be divided or granted away to any Member or Members of the Body Can any thing grant away it self A Father may grant his Son a great deal of Liberty but he can never make any grant to divest himself of his paternal Relation But Mr. Molyneux can have no Notion of Liberty if a Man may be bound by Laws whereto he hath not given his Consent by either himself or his Chosen Representative A little Distinction now will make us agree this Matter 'T is yet no Oppression upon him if he neglects to constitute a Representative when the Privilege of doing it is not taken away from him If a Man go abroad and stay many years out of his own Countrey shall he not be bound by the Laws made by the Community in his absence because he gave no Assent neither in his Person nor by his Representative In like manner if a Colony be settled abroad shall not the Legislature of their Mother Countrey bind them if they think fit to Enact concerning them because they had no Representatives in it Yes very reasonably for that they are still Fellow-Subjects of the Community and if they are permitted to live abroad for their Convenience the main Body of this their
or Territories lying at a distance from them 'T is only the Exercise of this Supream Salutary Authority that the Parliament of England pretend to and not to break in upon the Just Constitution so anciently granted and ever since continued to the People of Ireland of Enacting all such Laws by their Representatives in their own Parliaments as they think fit to be governed by or may be conducive to the well ordering the Affairs of their own Countrey and therefore this Gentleman hath no Reason to Tax us so often as he does with any Attempts upon their Rights and Properties breaking in upon their old Settled Constitution and rendring them the most unfortunate of all his Majesties Subjects by weakning their Rights to a greater degree than ever was done before If Poyning's Law be some Check to them 't was made in favour of the English Interest in Ireland and Mr. Molyneux finds no fault with it but that still leaves them at Liberty to consent or dissent to such Laws as the King in his English Privy-Council may propose to them The Rights that were granted them were large enough to secure them in the full Enjoyment of their Liberty and Property in the same Manner as if they had liv'd in England these we have preserv'd to them inviolated in as large a manner as ever they were granted let him shew any Law from England that hath ever innovated upon their Judicatories their Persons or their Estates his Exclamations can no way be applicable to us unless it shall appear that we have wronged them in such Rights as those But this Supream Imperial Authority was never granted to them nor can reside any where as long as the Monarchy lasts but in the King House of Lords and House of Commons in England the absolute Separation he pretends to in the Persom of King Iohn proves a Mistake so that his many peremptory Conclusions drawn from thence must fall as having no Foundation The Progeny of Englishmen wherever they live and are acknowledg'd to be such cannot be exempted from owing Allegiance to this Supream Jurisdiction 't is known that it hath Power to Command its Subjects out of the Territories of any other Prince upon the highest Penalties yea and to desert its Colonies and call home the People if Extremity shall so require He that shall deny it these Powers denies the very Essence of a Supream Government and how hard soever this Doctrine may seem to People that have liv'd out of England and have never considered these Notions yet the Reason of the thing must obtain upon every impartial Man and convince him that other Principles than these would have a Tendency to scatter and break to pieces all Humance Societies and bring People back again into the State of Nature Men cannot therefore shake off the Duty and Obedience they owe to the Community and say that an unbounded Liberty is the Right of all Mankind because this Liberty was given from them when they were in the Loyns of their Ancestors who consented to the Terms of the Constitution when they first entred into Societies and which must continue as long as that Society shall have a Being 'T is plain then that all just Liberty must be bounded by the Laws and Agreements of the Community and no Man ought to challenge to himself more Liberty than that allows him To apply this then to our Argument The People of England may not go out of the Kingdom and settle themselves in any other Country in manner of a Colony without leave first obtain'd of the King as Head of the Kingdom neither may they enter into a New Society and erect a New Form of Government different from that of their own Country in any such Settlement but they must have Directions and Authority from the King by his Charters Letters Patents or Commission whereby he grants them the Exercise of the Laws of England and the Power of calling together their own Representatives to Enact such further Laws not repugnant to the Laws of England as shall be requisite for the good Government of their Affairs in relation to which they are left to their own Liberty and Free-choice and not interrupted by the Government of England If after all this the King in Parliament shall find these People or their Posterity attempting any thing in this Settlement which if it be not stopt must prove very prejudicial and destructive to England Will any Man pretend to argue that the Kingdom which permitted assisted and protected these People in their Settlement hath no Authority left in her self to restrain them in matters that tend to her own Hurt and Damage And yet such Restraint is not to be accounted an Invading the Rights and Liberties of Englishmen 't is only a limitting them from acting or doing something in the Place where they are that however profitable it might be to themselves would yet be very damnifying to the greater Body of the Community of which they are a Member neither is this Restraint any more than in regard to the place their Persons are still free and they may if they please return to their own Mother Country and practice the same thing there with as much Freedom as any other of their Fellow Subjects If the Reader should think I have been too tedious upon this Point I hope he 'll consider that if many Words be necessary at any time 't is then when we are to perswade People out of that wherein they believe their own Interest and Profit greatly consists I think the Report of the Case of the Merchants of Waterford is an Authority which very much confirms what I have said but because he lays much stress upon it not only here but in another place when he treats upon the Lord Chief Justice Cook 's Opinion I will transcribe the Latin Record at large as he gives it Dicebant quod terr Hibern inter se habent Parliament et omnimoâ—o cur Prout in Angl. et per idem Parliamentum faciunt Leges mutant Leges non obligantur per statuta in Anglia quia non hic habent Milites Parliamenti sed hoc intelligitur de terris rebus in terris illis tantum efficiendo I believe it should be efficiendis sed personae eorum sunt Subject Regis et tanquam Subjecti erunt obligati ad aliquam rem extra terram illam faciend contra Statut. sicut habitantes in Calesia Gascoignie Guien c. dum fuere Subjecti et Obedientes erunt sub Admiral Angl. de re fact super Altum Mare similit brev de Errore de Iudicio reddit in Hibern in Banco Reg. hic in Angl. I shall now take the Liberty to vary somewhat from the Verbal Translation and render it in that sense that I think this Opinion of the Judges of the Court of Exchequer may be taken They say that the Land of Ireland hath a Parliament within it self and Courts of Judicature
Reign Against planting Tobacâ—o in Ireland for encouraging Shipping and Navigation and for prohibiting the Exportation of Wool from Ireland to any Country except England He acknowledges Do name and bind them too so as they do not transgress them and he hath nothing to urge to take off their Efficacy but how rightfully this can be done is the Question I answer by that Right which as I have shewn before must be inherent in the Supream Legislature of the English Empire for conserving the Well-being of its Body The Acts of his present Majesties Reign he acknowledges To be such as the Necessity of the Time requir'd and to be made in their Favour but that these should be argued as a Precedent of their Submission and absolute Acquiescence in the Iurisdiction of the Parliaments of England over that Kingdom is what they complain of as an Invasion of their Legislative Right We have Reason and Precedents enough to vindicate the Just Authority of the English Parliaments in these matters and they are not under any neâ—cessity of dating this Power as commencing from the first of these Acts not over thirty seven years past so that he need not be concern'd to think that they can make any ill use of these Precedents But whatever this Gentleman's Principles may be his following Expressions seem very arrogant from a Person who at fiâ—st pretended to so much Submission but I hope the Body of the Protestants of Ireland understand their Duty and their own Interest better than to Offer at throwing off the Authority that the Kingdom of England hath for so many Ages had over them and I doubt not but they will believe The hazard of doing it would be much greater than any inconvenience they have ever found in England's way of Protecting them We are now come to his Fifth Article viz. The Opinion of the Learned in the Laws relating to this Matter And he begins with the Lord Chief Justice Cook for whose Name he bespeaks a great deal of Respect although he treats him but somewhat roughly but this seems to be the Gentleman 's particular Talent He says the Lord Chief Justice Cook quotes many Authorities to prove that Ireland is a Dominion divided and separated from England and in particular the fore-mentioned Case of the Merchants of Waterford but he finds fault with him for citing it unfaithfully and brokenly The Chief Justice doth indeed abridge it and it seems by the alteration of the Words as if he had cited it by Head not transcrib'd it out of the Book which is a thing not unusual nor to be esteem'd a fault in such Authors if they give the passage its due weight and that I think he does as to the matter for which he quotes it but what he especially blames is that the Chief Justice upon the Words of the Report That the Statutes of England don't bind them Ireland adds in a Parenthesis which is to be understood unless they be specially named and that Herein he concludes magisterially so it must be this is my definitive Sentence without giving any other Reason It is not unusual for Men of this Judges Authority when they Note their Opinion transiently not to dilate upon it if that be not the Point they are directly handling yet Mr. Molyneux confesses that In another place he gives this Assertion a Colour of Reason by saying That tho' Ireland be a distinct Dominion from England yet the Title thereof being by Coâ—quest the same by Iudgment of Law mighâ— by express Words be bound by the Parliament of England But this doth but make the Matter worse with him He hath before enquired how far Conquest gives a Title But he would fain know what Lord Cook means by Iudgment of Law whether the Law of Nature and Reason or Nations or the Civil Laws of our Common-wealths in none of which senses he conceives will he or any man be ever able to make out his Position And now he gallops away with this that there 's no stopping him for two or three pages bespattering the Chief Justice all the way and though there is a great deal of his sort of Reasoning in it yet I think it not worth the Readers Trouble to repeat more of it than That he conceives my Lord Chief Iustice Cook to have applyed himself so wholly to the Study of the Common Laws of England that he did not much enquire into the Laws of Nature and Nations else sure he could not have been guilty of so Erroneous a Slip. Nay This Assertion of his is directly contrary to the whole Tenour of the Case he cites for that very Act of Parliament on which the Iudges debated and which they deemed not to be of force in Ireland does particularly name Ireland so that here again Lord Cook 's Error appears most plainly Well if he 'll be but a little Cool we may deal well enough with him in this Matter too wherein he thinks he hath so much advantage But now after all Mr. Molyneux's Inquiries he hath not said enough to Convince me that the Lord Chief Justice Cook is in the wrong to believe that England hath a Title to Ireland by Conquest Nay I do believe further of the Chief Justice's side that that Conquest hath given her so just a Title to all that Supream Authority which she pretends to hold over Ireland as that by Judgment or in Reason of Law her Parliaments may bind Ireland if nam'd in the Law and that she is warranted therein by the Laws of Nature Reason and Nations the Civil Laws of particular Common-wealths I don't understand and also by the Fundamental Laws of the Original Constitution of the English Government and I have already endeavoured to make out this Position so clearly that I shall say no more to it here but leave the Matter referr'd to the Reader 's Judgment The Censure which he passes upon so venerable a Person as the Lord Chief Justice Cook that he must be very little acquainted with the Laws of Nature and Nations should methinks but ill become a Writer so little known in the World as Mr. Molyneux especially when in this first Essay of his he hath discovered much more of his Assurance than Judgment But now to Vindicate the Chief Justice from the gross Errors with which he Charges him we must look back again upon the Opinion of the Judges in the Exchequer-Chamber as he hath deliver'd it in Page 90 91. They were Consulting whether the Staple-Act made in England could bind the People of Ireland they argue after this manner Ireland hath a Parliament of its own which makes Law 's for the ordering Matters among themselves and therefore the Statutes made in England don't bind them by which they must mean such Statutes which are made in general Terms and for the particular Occasions of England for 't is plain that what they intend when they say that The People of Ireland
by our Municipal Laws and it does indeed look oddly enough in him to Controvert this with us before we are repaid one Farthing of a vastly greater Expence and tell us here 's an Example in Point for us Such Treatment as this would raise the Blood of an Englishman and though a fitting Modesty and Regard to my Reader doth restrain me from venting the Resentment due to so great an Indignity put upon the English Nation yet I hope I may be indulg'd to imprecate upon my self if ever I should discover so little Thought as to make use of Examples highly reflecting upon my Superiours and yet no way agreeing with the Fact in hand may I be Censured for an Eternal Blockhead and condemn'd to wear my Book affixt on my Back as a perpetual Badge of my Insolence and Folly I am weary enough of this Head of Purchase and yet I will take the pains to transcribe the last Paragraph on 't from end to end He says 'T is an ungenerous thing to vilify good Offices I am far from doing it but with all possible Gratitude acknowledge the mighty Benefits Ireland has often receiv'd from England in helping to suppress the Rebellions of this Country to England's Charitable Assistance our Lives and Fortunes are owing But with all humble Submission I desire it may be Considered whether England did not at the same time propose the preventing of their own Danger that would necessarily have attended our Ruine if so 't was in some measure their own Battails they fought when they fought for Ireland and a great part of their Expence must be reckon'd in their own Defence If Mr. Molyneux had had a due sense of what he was saying he could never have so solemnly protested against the ungenerousness of Vilifying good Offices and yet in the next Breath attribute no more to England in what she hath done for them than just her helping to Suppress the Rebellions Is not this Vilifying with a Witness after we have Reduc'd Ireland and put them into the Possession of their Estates upon our own proper Cost and Strength to have it lessen'd to no more than a little Lending them a Hand at a dead lift and for which they are very willing to repay us in Words Why this is not worth his acknowledging with all possible Gratitude the Mighty Benefits they have received from England c. But after all this Mighty Hodge-Podge of an Harangue is but to tickle us into a good Humour that he may slyly usher in his Plea in Abatement of Damages and so pay us all off with the Flap of a Fox-tail It is to be Considered whether England did not at the same time prevent their own Danger and consequently in some measure fight their own Battels We have been pretty well us'd to this ungrateful Complement from others of his Countrey men who have been apt on all Occasions to reflect upon us that 't was not for their sakes but our own that we reduc'd Ireland only Mr. Molyneux like himself gives it us in finer Language What if we also have receiv'd some Advantage by this Reduction I should think that a People who had any due sense of Gratitude might remain so well Content with the great Benefit that accrew'd to themselves by the re-enjoyment of the Estates which they had lost as not to upbraid us with any such reasonable Convenience which we might draw from it without Prejudice to them Can they think it had been fit for us to engage in so mighty an Expence for no other Reason than to recover their Estates for them Well suppose we had thought fit only to fight our own Battails and when we had done to have bridled the Irish by strong Garrisons and had no reguard to have restor'd them to their Estates perhaps we might have as well secur'd our own Interest that way However the Tenderness we had for them how ill soever some of them seem to have deserv'd it would not suffer us to use so Severe a Policy which yet if we had practic'd from the beginning and kept our own People at home would have turn'd to much better account to us than if we should at last be so far overseen as to suffer a Colony of our own to Contest with us for our Trade But yet I am for Complying with Mr. Molyneux in this matter and I am content that a part of this Expence in proportion to the Benefit England shall be thought to have receiv'd by the Reduction of Ireland shall remain upon our Account but then I hope the vast advantage which immediately aocrews to the People of Ireland by the Recovery of their Lands and the fair time we have spar'd them from Contributing any thing may be thought justly to intitle them to the far better part of this Charge and if Mr. Molyneux can with as much Ingenuity find a way to pay it as he hath been ready to own it he will very much oblige the Government of England at a time when their own Occasions do so much want it So much for Mr. Molyneux's feign'd pretence of Purchase which can be but an Invention of some such pregnant Brain as his own for I never before heard that the People of England had set up any pretention for their Superiority over Ireland upon that foot such another is that which follows Another thing alledg'd against Ireland is this If a Forreign Nation as France or Spain for instance prove prejudicial to England in its Trade or any other way England if it be stronger redresses it self by force of Arms or denouncing War and why may not England if Ireland lyes cross their Interests restrain Ireland and bind it by Laws and maintain these Laws by Force He discusses this Point very gravely but since no Body ever thought of making this any Argument but himself and we never pretended to have so little to do with them as with France and Spain I 'll trouble my self no further about it but let it pass for a Meer Whimsie Mr. Molyneux tells us The last thing he shall take Notice of that some raise against them is that Ireland is to be lookt upon as a Colony from England Here he attempts to delude us with a falacious Argument but that is very easily solv'd by an Obvious Distinction If he would not have Ireland lookt upon as a Colony yet I believe there can be no Notion of a Colony clearer than that the English planted there are so in the strictest Sense and that I shall undertake to prove anon although he calls it The most Extravagant of all Objections against them and then without doubt it must follow that As the Roman Colonies were subject to the Laws made by the Senate at Rome so ought Ireland by those made by the great Council at Westminster I may add or any where else where our Parliament may sit to Enact Laws But he would not have this be thought To have the least Foundation
or Colour from Reason or Record does it not manifestly appear by the Constitution of Ireland that 't is a Compleat Kingdom within it self I say No 't is but the Form of a Kingdom for since 't was first subdu'd to England Governours have always been set over it by England and it never had Authority of it self to Exercise a Legislature but by Directions from England But now he 's resolv'd he 'll confute us though Bellarmine stood in the way Do not the Kings of England bear the Stile of Ireland and why did he not mind the Arms too among the rest of their Kingdoms Is this agreeable to the Nature of a Colony do they use the Title of Kings of Virginia new-New-England or Maryland Don't the Great Turk bear the Title of a great many Kingdoms Yes and some of them have a more Compleat Dominion among themselves than ever we gave Ireland are they therefore all Compleat Kingdoms within themselves The Kings of Spain have so many Titles of Kingdoms that they have quite lost the Knowledge where some of them grow they have us'd the Stiles of King of the East and West-Indies and yet their acquisitions there have been but Colonies Mexico and Peru are not Compleat Kingdoms within themselves though they have that Title yea and their Governours have the Style of Vice-Roys and that 's a higher Feather than ever those of Ireland wore I should have excepted their absolute King Iohn The Kings of England have never call'd Virginia New-England or Maryland by the Name of Kingdoms is there such a deal of weight in that The Potuguez gave the Style of a Kingdom to Goa in the East-Indies but they never did to Brazil thought it be much the more Considerable Colony And now I think on 't we were once about making our Dominions in America into a Vice-Royalty under the Duke of Albermarle sure then they must have made as Compleat a Kingdom as Ireland for they have as absolute a distinct Dominion within themselves and I beleive are endow'd with Authority for the regulating the Affairs of their own Governments as ample in all Respects as Ireland excepting only the Punctilio of a Titular Kingdom and the Denomination of a Parliament to the very same thing that in the others is call'd an Assembly Are not all these things done or not done according to the Humour or Fancy of Princes Is there any thing of Essence or Reality in them If the English of Ireland are in all other respects under the Circumstances of a Colony of England will any Body besides Mr. Molyneux imagine that this Title of a Kingdom doth exempt them But he has more to say Was not Ireland given by Henry the Second in a Parliament at Oxford to his Son John and made therby an absolute Kingdom separate and wholly independent on England till they both came united again in him after the Death of his Brother Richard without Issue No he continued a Subject of England and was Try'd for his Life as such the Parliament of England limited him from using the Style of King Can the King of a Separate Kingdom be limited and yet his Kingdom remain wholly Independent He continues Have not multitudes of Acts of Parliament both in England and Ireland declared ireland a Compleat Kingdom but never Independent Is not Ireland stiled in them all the Kingdom or Realm of Ireland Do these Names agree to a Colony Yes are not the Names of Colonies agreeable to Mexico and Peru because the Acts of State in Spain stile them Kingdoms Have we not a Parliament and Courts of Iudicature Do these things agree with a Colony Yes and other Colonies have effectually the same Neither doth this involve so many absurdities as he thinks if we do but consider what sort of a thing a Colony is When People began to multiply in the World and fill those Tracts that were first inhabited they were necessitated to spread themselves farther and farther for the better Conveniency of Living and thus the remoter Parts came in process of Time to be peopled with such as are call'd the Aborigines of Nations In the first and innocent Ages of the World these liv'd in an undisturb'd Quiet contented in the Enjoyment of such things as with their own easie Cultivation Nature plentifully bestow'd in an abundance sufficient for the Support of all Mankind 'till the Malice and Enmity of the Devil operating upon the deprav'd Minds of Men through the Curse entail'd upon on them for the Disobedience of our First Parents stirr'd up in them the Unnatural Desire of living according to their own Wills without regard to the Principles of Reason and the Laws of Nature which God had eternally stampt upon their Minds This soon began to break the first Harmony and good Order of the Creation and came in time to change the whole Face of Humane Affairs and introduce a very different kind of Oeconomy among Men. Hence it was that the more powerful Communities if they found their own Borders too strait for them would not give themâ—elves the Trouble of removing to distant uninhabited parts of the Earth but took the Liberty to incroach upon their Neighbours and possess themselves of what the Industry of other Men had made their own just Right and Property These Violations of the Law of Nature taught the more scatter'd People to enter into Societies and unite together for their Mutual Defence against the Invasions of others and for the Well-ordering of Matters and preventing private Injuries that might occur among themselves they thought upon the constituting Laws for the defining of Liberty and Property and executing Justice upon such as should offend against them they apply'd themselves also to the inventing of all such further Policies as might be conducive to the acquiring and preserving the Good of the whole Society and whether they thought best to commit the Chief Conduct of their Government to one Person as Supream to rule them with the assistance of subordinate Ministers or that they plac'd this Supream Authority to govern in several with joint Power the end and intent was still one and the same to procure and conserve the Good of the whole People though the Names were differing as that of Kingdom Common-wealth c. Those that instituâ—ed the best Policies and most suitable to their Circumstances generally became the most powerâ—ul a Sense of their Strength and an Opinion of their Skill in Politick Managements made them Ambitious to gain Dominion and Rule over others Some united through Fear or for Convenience and others were subdu'd by Force thus from small Beginnings grew up Mighty Empires who apply'd their whole Power to bring and keep all they could reach under their own Dominion by which means the Frame and Constitution of many Kingdoms and Countries came to be altered from their Original Settlements There were yet another sort of Invaders whose Manner was only to make room for the too Numerous Broods of their
Secondly If the Kingdom of Ireland belongs to the King as his own Propriety distinct from the Kingdom of England if the Irish should at any time hereafter believe that the King of England could not be able to protect his Potestant Subjects there without the Assistance of Men and Money fâ—om his English Parliament and should thereupon make another Attempt to drive them out and seize their Eâ—tates whether the Parliament of England would think themselves oblig'd to be at any further Expence to protect a People with whom they had nothing to do and who had shewn so little Gratitude for what had been done for them formerly Thirdly If Ireland be such an Absolute Independent Kingdom by virtue of the Conceâ—â—ions formerly granted to them by England those Concessions were made to the Native Irish and Old English settled there all that Mr. Molyneux hath argued is intirely their Case and they alone have Right to be considered and treated with as the Body of that Kingdom but the Modern English Protestants can have no Interest in these Ancient Grants they are still our own People went thither with our leave and may not stay there without our permission if then the Governmeâ—t of England should think fit to recall them as they may those that are in France Holland c. Whether the Irish Papists could either have Will or Power to protect or keep them from us And now as I have been necessitated upon several former Occasions to shew that Mr. Molyneux hath started many things that may be made use of to the Disadvantage of the English of Ireland so I think I have also demonstrated that upon the foregoing Considerations his Notions if they should be thought reasonable so far as to obtain upon the Parliament of England to believe that they ought to quit all manner of Pretensions of their Superiority over Ireland as amply as he desires the Consequence must draw immediate Destruction and Ruine upon them which I should think might sufficiently convince the Gentlemen of Ireland that Mr. Molyneux hath not deserv'd well of them in writing this Book And I hope they will think that I have employ'd my time much more to their Advantage if it may convince any that have been lead into his Mistakes that 't is the true Interest of the Protestants of Ireland to remain constant and firm in their Loyalty and Obedience to the King and Kingdom of England and to esteem it their great Happiness that they aâ—e annext in so easie a Subordination to a Kingdom that is so well able to protect them and hath requir'd so little from them and never more to think that their being restrain'd from interfering with us in our principal Trade can be too great a Reâ—â—ibution for the many Benefits and frequent Preservations which they have receiv'd from us especially since they are in much easier Circumstances than the People of England to live without it whereas the Robbing England of it must inevitably introdâ—ce a Decay of her Riches and Power and render her incapable to give Iâ—elind that large Assistance that she may posâ—ibly at some time or other need again England hath been and must still continue to be at a mighty Expence to maintain her Navies and the Civil List from all which they receive the Benefit of being protected in their Estates and Trade without being hitherto ask'd to pay one penny towards it so that they may clearly see that 't will be much easier for them to continue in such a Subordination than to aspire to the Dignity of an Independent Kingdom which they cannot be able to suppoâ—â— I have now done with Mr. Molyneux's Book and since I have taken so much pains with it I hope I may be permitted to give it such a Character at parting as I think to be in a most peculiar manner agreeable to it 'T is an abundance of Well chosen Words and Fine Rhetorical Turns to prove nothing 't is a multitude of Arguguments and Authorities brought together to confute its own Author and 't is a promulgating of such inconsiderate Notions as would ruine and undo the People for whom it undertakes to be a Zealous Advocate If it should be thought by some that I have been too sharp in some Expressions there are yet others whose Judgment I have taken that are of the Opinion that so Inâ—olent an Argument merits no less and I think such a Discourse cannot well be treated with that Coolness and Indifference which might become a Modest Controversie Subjects that so rashly undertake to disturb the Minds of People and assail the Authority of a powerful Kingdom in matters of so high a Nature deserve at least to suffer such a Correction that others may be deterr'd from the like Bold Attempts let it be remembered that Salmasius was lash'd to Death by a Pen provok'd in what in those times he thought the Cause of his Country and Mr. Molyneux may be thankful that we have no Milâ—on living to handle him I am a perfect Sâ—ranger to the Genâ—leman and can have no personal Disrespect for him and if he 'll give me leave to distinguish as nicely as he does between the King and the Kingdom 't is his Book not him that I would expose after all if in regard to his Person I do with the lowest Submission ask his Pardon in the End I hope I shall come off with as good Manners as he does with the 〈◊〉 of England in â—asking theirs in the Beginning of his Discourse Last of all to râ—flect a little upon my self I ought to ask Pardon of the World for what Mistakes I may have committed for I cannot think so well of my self but that some may have slipt my own Observation Reading hath not been my Business and therefore it may seem somewhat strange that I should have undertaken to deal with a Book that profâ—â—ses so much I was resolv'd therefore to handle it in such a way wherein I might be most safe There was indeâ—d room enough for me to shew from undenyable Authorities that Mr. Molyneux hath very extra vagantly err'd and fallen short in his Representation of this Matter for there are many English Acts of Parliamâ—nt extant which prove that as well in ancient times as since Poyning's Law the constant practice of England hath been to make Laws binding upon Ireland as oftâ—â— as they saw fit whereof he hath takâ—◠〈◊〉 manner of Notice which must conclude him either to have dealt very disingeniously or what will no less reflect upon him that he was too ignoâ—ant in Matters of Fact for so considerable an Attempt But this part being undertaken by a much ableâ— Pen I was resolv'd to let all that alone and meddle with no Authoâ—ities but what Mr. Molyneux hath produc'd and as far as possible to admit of his own Arguments and only endeavour to turn the Reason which Naturally flows from them against him Can there be a fairer Opposition than to fight a Man at his
AN ANSWER TO Mr. Molyneux HIS CASE of Ireland 's being bound by Acts of Parliament in England Stated AND His Dangerous Notion of Ireland's being under no Subordination to the Parliamentary Authority of England REFUTED By Reasoning from his own Arguments and Authorities Rom. 12. 3. For I say through the Grace given unto me to every Man that is among you not to think of himself more highly than he ought to think c. Gal. 6. 3. For if a Man think himself to be something when he is nothing he deceiveth himself LONDON Printed for Rich. Parker at the Vnicorn under the Piazza of the Royal Exchange 1698. THE EPISTLE Dedicatory By way of PREFACE To the Modern English Nobility Gentry and Protestant Inhabitants of Ireland Right Honourable Honourable c. ALthough you are by far the least in Number you are yet to be esteemed as the much more considerable part of the Inhabitants of that Country in respect of your Power and the Authority which you bear there 'T is true that upon the first Subduction of the Irish Nation to the English Government the Laws and Liberties of Englishmen were granted unto them equally with the Colony of the Old English that were planted among them but as they were a people that had been always us'd to a sort of wild aud barbarous way of Living they did not affect to embrace the more Civiliz'd Customs and Manners of the English but for the most part kept themselves off from uniting and joining with them in the Management of the Government which by the Concessions made to them they might freely have acted in yet they continued as a distinct and separate people sway'd and influenc'd by their own petty Princes or Chiefs of Clans even to the breaking out into frequent Insurrections and Rebellions against the English Government which therefore continued all along to be chiefly administred by the Inhabitants of the English Pale And in this state the Affairs of Ireland remain'd until the Reformation of Religion from whence sprung such a Revolution as produc'd a great Change in the Administration of the publick Affairs there For after the Reformation had obtain'd in England the Ancient English of Ireland did generally remain of the Roman Communion and consequently when 't was found dangerous to continue them in the Execution of publick Trusts they also as well as the Irish of the â—ame Religion were in process of Time by the Influence and Authority of England utterly disabled from acting any thing in the Government of the State and 't is in their rooms that you have since succeeded and are therefore look'd upon and treated by England as the governing part and effective Body of the Kingdom of Ireland But when I came to consider Mr. Molyneux's Book I thought it very strange that he who design'd so Elaborate a piece in your Favour should yet give you no stronger a Title to the preheminence which you bear in that Country than what would devolve upon you from those Concessions which were anciently made to the Native Irish and Old English which as he would perswade us did amount to no less than the establishing them upon the Foundation of an Absolute Kingdom distinct and separate from the Kingdom of England and wholly Independent thereon the Consequence of which if it had been so would have stood you in very ill stead for as you cannot make any pretensions to such Concessions because you are not generally speaking descended from either of those People but their Progeny are still in being and acknowledged to be such all the Rights and Priviledges which Mr. Molyneux hath so strongly contested for should be due to them if the Case must be taken as he hath stated it and nothing can be more plausibly offered in their Iustification for the cutting the Throats of the Modern English than this Notion And Mr. Molyneux is so fond of â—ixing you upon this Old Foundation that â—e even disputes the possibility of their forfeiting or the reasonableness of our retractiâ—g those Concessions I believe indeed that he might forsee that if it should be admitted that the frequency of their rebelling and our reducing them by force of Arms did amount to a Reconquering of this their Independent Kingdom as he makes it that would have dissolv'd that ancient Concession and spoyl his Design of entailing it upon you However it be I think this sort of Title does naturally fall under an inextricable Dilemma For If Ireland was granted to the Native Irish and Old English as an Absolute Independent Kingdom and was never since re-conquered by England the Right of administring the publick Affairs of that Government under the King ought to remain in them since 't was never given up to you by their Consents and then they have no reason to consider you otherwise than as having no Title more than Usurpers and Oppressors and that you may justly be treated as such whenever they are in a condition to do it But if this Independent Kingdom hath been reconquer'd the former Concessions are actually dissolvâ—d and neither you nor they can have any more pretence to an Independent Kingdom until you can procurea New Grant for it And thus Mr. Molyneux in labouring to raise you higher than your proper Basis hath quite unhing'd you But I have yet no doubt of your being as well Entituled to the Power and Authority which you enjoy and exercise in that Country as any People in Europe are and that it is justly deriv'd to you from a much more certain Original than what Mr. Molyneux hath assign'd and I have therefore undertaken in the following Papers to controvert his Notion through every point and to shew in Opposition to his Arguments First That Henry the Second having subdu'd Ireland by the means of an English Army that Country came to be annex'd to the Imperial Crown or Kingdom of England but not to the Person of King Henry in any separate propriety from the Kingdom Secondly That the Subduing of Ireland by the people of England under the Conduct of their King Henry the Second was then esteem'd to be a Conquest and is much more to be accounted so than William the first 's acquisition of the Crown of England and that Ireland was thereby most certainly brought under the Iurisdiction of the Parliamentary Authority of England Thirdly That King Henry's Descent upon Ireland was a just Undertaking and that the intire submission of the People to the Government of England their receiving its Laws and being endoâ—'d in all the priviledges of Englishmen made them become a Member of and annex'd to the English Empire and gave England a just Title to exercise a perpetual Iurisdiction over them Fourthly That all the many Concessions made to Ireland empowering them to hold Parliaments c. can be understood no otherwise than that they should be enabled to devise and enact such Laws when Occasion required as were suitable to the Circumstances of that Country But
that no Grant ever did or could make Ireland an Absolute Distinct Separate Kingdom and wholly Independent of England or invest it with such a supream Legislature as is inherent in the Head of the Government only which with respect to the Body of the English Empire can never reside any where else than in the King by and with the Advice and Consâ—nt of the Lords and Commons of England in Parliament assembled Fifthly That the Presidents and Opinions quoted by Mr. Molyneux do not by any means assist his Argument but do most of them support mine against him And Sixthly That his Reasons and Arguments offered on one side and t'other are as little to his purpose but that the English Settlements in Ireland always were and ever must be properly accounted as a Colony of England and hath ever been by her protected and supported as such By these Principles then and no other but such as these can the English be justify'd in their Conduct towards the Irish whereas if they had been an absolute distinct independent People the former and latter Disturbances they have given us could not have been Rebellions but were just Attempts to vindicate their Rights against a People that had without Reason violated them their Lands had not been legally Forfeited but forcibly taken from them against all Iustice and Reason and the Spilling of so much of their Blood must lye heavy upon those that provok'd them to take up Arms in Defence of their just Liberties and Properties Is it not much more for your Interest then to put this matter on the right bottom upon which our Actings towards them were always grounded by considering the Irish as a People that had been subdu'd and brought into Subjection to the English Government and were united to it in the Nature of a Province of its Empire and to esteem the English that have been settled there as a Colony of England which we were oblig'd to protect and defend against any Insults and Violences offered them by the Natives For this must justly subject them to the Forfeitures and Penalties due to Rebels vindicate us in the Severities we have exercis'd upon them support you in the possession of the Estates which were taken from them and return the the Guilt of all the Blood that hath been shed in the Irish Wars upon their own Heads as being the Aggressors These things are so Obvious that I believe there are many of you that can have no good Opinion of Mr. Molyneux's Book yet I am told that there are others and some of good Rank among you that are very fond of it does indeed with respect to you carry the face of a Popular Argument and is artfully written and he that can take the Latitude of advancing his own Imaginations and mistaken Conjectures with the Confidence of Realities and Certainties suggest Falsities with the utmost Assurance and omit Material Truths may impose much upon an unwary Reader especially if be thinks what 's offer'd is for his Interest Quod volumus facile credimus But any thoughtful Man that will give himself leave to Consider it impartially will find it to be one of the weakest and most mistaken Books that ever was written with such a flourish of Language and shew of Learning and Integrity The Story of King John's being made an absolute Independent King is the main Prop on which he lays the greatest stress of his Reasoning aud yet it proves but a meer Imagination The Writers indeed of these Times do say he was made King of Ireland but it looks but like a Complement to him for the Grant it self shews plainly that 't was but feudatory Donation and that 't was never intended to make him an Independent King because he was limited to use no higher Stile than that of Lord of Ireland Mr. Molyneux also deals very unfairly in many other particulars and it appears that he had more regard to the point he contests than to discover the genuine Truth of the matter for he hath not only stretch'd in favour of his Argument beyond what any Authorities can warrant but he has also conceal'd divers obvious Instances that make against him of which I shall observe to you some Particulars which have occur'd to me since I had gone through with my Answer I have accidentally met with Sir Richard Bolton's Statutes which he quotes wherein I Observe that there are several Acts that declare in most express Words that the Kingdom of Ireland is appending united knit and a Member rightfully belonging to the Imperial Crown of England And yet Mr. Molyneux observes this to us with such a Diminution as represents it but as it were united and which he conceives effects no more than that Ireland shall not be alienâ—d or separated from the King of England c. but I cannot imagine that he is so ignorant of our Constitution as not to know that we can have no Notion of uniting or annexing to the Imperial Crown of England as appropriated to the King's Person distinct from the Kingdom which if it can be sence any where else is yet perfect Nonsence in England But I have met with one Prevarication so notorious that I must not omit shewing it Mr. Molynex in page 41. hath these words For the Dominion and Regality of Ireland was wholly and separately vested in King Iohn being absolutely granted unto him without any Reservation And he being created King in the Parliament at Oxford under the Style and Title of Lord of Ireland enjoy'd all manner of Kingly Jurisdiction Preheminence and Authority Royal belonging to the Imperial State and Majesty of a King as are the express words of the Irish Statute 33 H. 8. cap. 1. I must confess that I believ'd that this Statute had been as express in the matter as he delivers it but 't is so far from it that there is no mention made of King John or his Grant in it The words of the Act are Forasmuch as the King our most gracious Sovereign Lord and his Grace's most noble Progenitors Kings of England have been Lords of this Land of Ireland having all manner of Kingly Jurisdiction Power Preheminencies and Authority Royal belonging or appertaining to the Royal Estate and Majesty of a King by the Names of Lord of Ireland We deny not that King Henry the Eighth's Progenitors the Kings of England had this Royal Sovereign Authority over Ireland but his Insinuation that John had it before he was King of England is plainly false and not warrantable by this Statute Again he mightily imposes upon the World in â—sserâ—ing That before the Year 1641. there was no Statute made in England introductory of a New Law c. but those which he had before-mentioned And though while I am dealing with Mr. Molyneux I confine my self to mention no Authorities but his own yet I will here presume for a proof of his Ignorance or Disingenuity to name some other old Acts binding Ireland which have been