Encouraging Shipping and Navigation by express name Mentions and Binds Ireland and by the last Clause in the Act Obliges all Ships belonging thereto importing any Goods from our Foreign Plantations to touch first at England Fourthly The Acts Prohibiting the Exportation of Wooll from Ireland to any Country except to England do likewise strongly Bind us and by the 12 Car. 2. c. 32. it was made highly penal on us and by the 14th of Car. 2. c. 18. 't is made Felony To these three last Acts I must confess I have nothing to urge to take off their Efficacy Name us they do most certainly and Bind us so as we do not transgress them But how Rightfully they do this is the matter in Question This I am sure of that before these Acts in King Charles the Second's Time the Eldest of which is not over Thirty-Seven years there is not one positive full Precedent to be met with in all the Statute-Book of an English Act Binding the Kingdom of Ireland And on this Account we may venture to assert That these are at least Innovations on us as not being warranted by any former Precedents And shall Proceedings only of Thirty-Seven Years standing be urg'd against a Nation to Deprive them of the Rights and Liberties which they Enjoy'd for Five Hundred Years before and which were Invaded without and against their Consent and from that day to this have been constantly complain'd of Let any English Heart that stands so Iustly in Vindication of his own Rights and Liberties answer this Question and I have done I am now arriv'd at our Present Days under the Happy Government of His Majesty King WILLIAM the Third and I am sorry to reflect That since the late Revolution in these Kingdoms when the Subjects of England have more strenuously than ever Asserted their own Rights and the Liberty of Parliaments it has pleased them to bear harder on their Poor Neighbours than has ever yet been done in many Ages foregoing I am sure what was then done by that Wise and Just Body of Senators was perfectly out of Good Will and Kindness to us under those Miseries which our Afflicted Country of Ireland then suffered But I fear some Men have since that made use of what was then done to other Purposes than at first intended Let us now see what that was and consider the Circumstances under which it was done In the year 1689. when most oâ—… the Protestant Nobility Gentry and Clergy of Ireland were driven out of that Kingdom by the Insolencies and Barbarities of the Irish Papists who were then it Arms throughout the Kingdom and in all Places of Authority under King Iames newly Return'd to them out of France the only Refuge we had to fly to was in England where Multitudes continued for many Months destitute of all manner of Relief but such as the Charity of England afforded which indeed was very Munificent and never to be forgotten The Protestant Clergy of Ireland being thus Banish'd from their Benefices many of them Accepted such small Ecclesiastical Promotions in England as the Benevolence of well dispos'd Persons presented them with But this being directly contrary to a Statute in this Kingdom in the 17 and 18 of Charles the Second Cap. 10. Intituled An Act for Disabling of Spiritual Persons from holding Benefices or other Ecclesiastical Dignities in England or Wales and in Ireland at the same time The Protestant Irish Clergy thought they could not be too secure in avoiding the Penalty of the last mention'd Act and therefore Apply'd themselves to the Parliament of England and obtain'd an Act in the first year of King William and Queen Mary c. 29. Intituled An Act for the Relief of the Protestant Irish Clergy And this was the first Attempt that was made for Binding Ireland by an Act in England since his Majesty's Happy Accession to the Throne of these Kingdoms Afterwards in the same year and same Session Chap. 34. there pass'd an Act in England Prohibiting all Trade and Commerce with France both from England and Ireland This also binds Ireland but was during the Heat of the War in that Kingdom when 't was impossible to have a regular Parliament therein all being in the hands of the Irish Papists Neither do we complain of it as hindring us from corresponding with the King's Enemies for 't is the Duty of all Good Subjects to abstain from that But as Scotland tho' the King's Subjects Claims an Exemption from all Laws but what they Assent to in Parliament so we think this our Right also When the Banish'd Laity of Ireland observ'd the Clergy thus careful to secure their Properties and provide for the worst as well as they could in that Juncture when no other means could be taken by a Regular Parliament in Ireland they thought it likewise adviseable for them to do something in relation to their Concerns And accordingly they obtain'd the Act for the better Security and Relief of their Majesties Protestant Subjects of Ireland 1 W. and M. Ses. 2. c. 9. Wherein King Iames's Irish Parliament at Dublin and all Acts and Attainders done by them are declared void 'T is likewise thereby Enacted that no Protestant shall suffer any Prejudice in his Estate or Office by reason of his absence out of Ireland since December 25. 1685. and that there should be a Remittal of the Kings Quit-Rent from 25 December 1688. to the end of the War Thus the Laity thought themselves secure And we cannot wonder that during the Heat of a Bloody War in this Kingdom when it was impossible to Secure our Estates and Properties by a Regular Parliament of our own we should have recourse to this Means as the only which then could be had We concluded with our selves that when we had obtained these Acts from the Parliament in England we had gon a great way in securing the like Acts to be passed in a regular Parliament in Ireland whenever it should please God to re-establish us in our own Country For we well knew our own Constitution under Poynings Law That no Act could Pass in the Parliament of Ireland till approved of by the King and Privy Council of England And we knew likewise That all the Lords and others of his Majesties Privy Council in England are Members of the Lords or Commons House of Parliament there And that by obtaining their Assent to Acts of Parliament in Favour of the Irish Protestants they had in a manner pre-engaged their Assent to the like Bills when they should hereafter come before them as Privy Councellors in order to be regularly Transmitted to the Parliament of Ireland there to be passed into Laws of that Kingdom But instead of all this to meet with another Construction of what was done herein and to have it pleaded against us as a Precedent of our Submission and absolute Acquiescence in the Jurisdiction of the Parliaments of England over this Kingdom is what we complain
Hen. 6. c. 4. which expresly names Ireland and Hussey's Opinion thereon The Case as we find it in the Year-Books of Mich. 2 Rich. 3. fol. 11. and Mich. 1 Hen. 7. fol. 3. is in short thus The Merchants of Waterford having Ship'd off some Wooll and consign'd it to Sluice in Flanders the Ship by stress of Weather was put in at Callis where Sir Thomas Thwaits Treasurer of Callis seized the said Wooll as forfeited half to himself and half to the King by the said Statute hereupon a Suit was commenced between the said Merchants and the said Treasurer which was brought before all the Judges of England into the Exchequer Chamber The Merchants pleaded the King's License to the Citizens of Waterford and their Successors for carrying Wooll where they pleased and the Questions before the Judges were two Viz. Whether this Staple-Act Binds Ireland And Secondly Whether the King could grant his License contrary to the Statute and especially where the Statute gives half the Forfeiture to the Discoverer The first Point only relates to our present purpose and herein we find the foresaid Year-Book of 2 Rich. 3. fol. 12. to Report it thus Et ibi in the Exchequer Chamber quoad Primam Questionem Dicebant quod Terr Hibern inter se habent Parliament omnimodo Curprout in Angl. per Idem Parliamentum faciunt Leges Mutant Leges non Obligantur per Statuta in Anglia quia non hic habent Milites Parliamenti and is not that an unanswerable Reason sed hoc intelligitur de terris rebus in terris illis tantum efficiendo sed Personae eorum sunt Subject Regis tanquam Subjecti erunt Obligati ad aliquam rem extra Terram illam faciend contra Statut. sicut habitantes in Calesia Gascoignie Guien c. dum fuere Subjecti 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 have verbatim transcribed this Passage out of the foresaid Year-Book that I might be sure to omit nothing that may give the Objection its full weight And all that I can answer to it is this 1. That when the foresaid Case came a second time under the Consideration of the Judges in the Exchequer Chamber in Mich. 1 Hen. 7. fol. 3. we find it Reported thus Hussey the Chief Iustice said That the Statutes made in England shall bind those of Ireland which was not much gain-said by the other Iudges notwithstanding that some of them were of a contrary Opinion the last Term in his Absence How the Presence and Opinion of the Chief Justice came to influence them now I leave the Reader to judge 2. That Brook in Abridging this Case of the first of Hen. 7. fol. 3. Title Parliament Sec. 90. adds Tamen Nota That Ireland is a Kingdom by it self and hath Parliaments of its own intimating thereby That therefore Hussey's Opinion herein was Unreasonable 3. That 't is manifest if Hussey mean by his words That All Acts of Parliament in England shall bind Ireland it is directly contrary to the Judges Opinion in the second of Richard the Third before recited for within the Land of Ireland they are all positive That the Authority of the Parliament of England will not Affect us They seem at the utmost reach to extend the Jurisdiction of the English Parliament over the Subjects of Ireland only in relation to their Actions beyond Seas out of the Realm of Ireland as they are the King of England's Subjects but even This will Appear Unreasonable when we consider that by the same Argumentation Scotland it self may be bound by English Laws in relation to their Foreign Trade as they are the King of Englands Subjects The Question is Whether England and Ireland be two Distinct Kingdoms and whether they have each their Respective Parliaments neither of which will be deny'd by any Man And if so there can be no Subordination on either side each is compleat in its own Jurisdiction and ought not to interfere with t'other in any thing If being the King of England's Subjects be a Reason why we ought to submit to Laws in relation to our Trade abroad in places where the Parliament of England has no Jurisdiction which have not receiv'd our Assent the People of England will consider whether they also are not the King's Subjects and may therefore by this way of Reasoning be bound by Laws which the King may Assign them without their Assent in relation to their Actions Abroad or Foreign Trade Or whether they had not been Subjects to the King of France had our Kings continu'd their Possession of that Country and there kept the Seat of the Monarchy and then had France been stronger than England it might seem that the Subjects of these Kingdoms might have been bound by Laws made at Paris without their own Consent But let this Doctrine never be mention'd amongst the Free-born Subjects of these Nations Thus I have done with the Three Principal Instances that are usually brought against us on the Stress that is laid on English Acts of Parliament particularly Naming Ireland There have been other Statutes or Ordinances made in England for Ireland which may reasonably be of force here because they were made and Assented to by our own Representatives Thus we find in the White Book of the Exchequer in Dublin in the 9th year of Edward the First a Writ sent to his Chancellour of Ireland wherein he mentions Quaedam Statuta per nos de Assensu Prelatorum Comitum Baronum Communitates Regni nostri Hiberniae nuper apud Lincoln quaedam alia Statuta postmodum apud Eborum facta These we may suppose were either Statutes made at the Request of the States of Ireland to Explain to them the Common Law of England or if they were introductive of New Laws yet they might well be of force in Ireland being Enacted by the Assent of our own Representatives The Lords Spiritual and Temporal and Commons of Ireland as the Words afore-mention'd do shew And indeed these are Instances so far from making against our Claim that I think nothing can be more plainly for us for it manifestly shews that the King and Parliament of England would not Enact Laws to Bind Ireland without the Concurrence of the Representatives of this Kingdom Formerly When Ireland was but thinly Peopled and the English Laws not fully currant in all parts of the Kingdom 't is probable that then they could not frequently Assemble with conveniency or safety to make Laws in their own Parliaments at home and therefore during the Heats of Rebellions oâ—… Confusion of the Times they were forced to Enact Laws in England But then this was always by their proper Representatives For we find that in the Reign of Edward the Third and by what foregoes 't is plain 't was so in Edward the First
any Power to Controul the Chancery in Ireland because as Lambard says p. 69 70. The Chancery did follow the King as the Kings Bench did and that as he tells us out of the Lord Chief Justice Scroope the Chancery and the Kings Bench were once but one Place But if this be the ground of the Jurisdiction of the Kings Bench in England over the Kings Bench in Ireland as I am fully perswaded it is the Parliament in England cannot from hence claim any Right of Jurisdiction in Ireland because they claim a Iurisdiction of their own and their Court is not the Kings Court in that proper and strict sence that the Kings Bench is But granting that the Subordination of the Kings Bench in Ireland to the Kings â—…ch in England be rightly concluded from a Writ of Error out of the latter â—…ying on a Judgment in the former I see no Reason from thence to conclude that therefore the Parliament of Ireland is Subordinate to the Parliament in England unless we make any one sort of Subordination or in any one part of Jurisdiction to be a Subordination in all Points and all parts of Jurisdiction The Subjects of Ireland may Appeal to the King in his Bench in England for the Expounding of the Old common and Statute-Law of Ireland will it therefore follow that the Parliament of England shall make New Laws to bind the Subjects in Ireland I see no manner of Consequence in it unless we take Expounding Old Laws or Laws already made in the-Kings Bench and making New Laws in Parliament to be one and the same thing I believe the best Logician in Europe will hardly make a Chain of Syllogisms that from such Premises will regularly induce such a Conclusion To close this Point We find that a Judgment of the Kings Bench in Ireland may be Removed by a Writ of Error to the Parliament in Ireland But the Judgment of the Parliament of Ireland was never question'd in the Parliament of England This Appears from the Prior of Lanthony's Case aforegoing I shall conclude this our Fifth Article with a memorable Passage out of our Irish Statutes which seems to strengthen what we have delivered on the Business of a Writ of Error as well as the chief Doctrine I drive at and that is 28 H. VIII Chap. 19. The Act of Faculties This Statute is a Recital at large of the English Act of the 25 Hen. VIII c. 21. In the Preamble of which English Act 't is Declared That this Your Graces Realm Recognizing no Superiour but Your Grace hath been and yet is free from any Subjection to any Mans Laws but only such as have been Devised within this Realm for the Wealth of the same or to such others as by Sufferance of Your Grace and Your Progenitors the People of the Realm have taken at their Free Liberties by their own Consent and have bound themselves by long Use and Custom to the Observance of c. This Declaration with the other Clauses of the said English Act is verbatim recited in the Irish Act of Faculties and in the said Irish Act it is Enacted That the said English Act and every thing and things therein contained shall be Established Affirmed Taken Obey'd and Accepted within this Land of Ireland as a good and perfect Law and shall be within the said Land of the same Force Effect Quality Condition Strength and Vertue to all Purposes and Intents as it is within the Realm of England if so then the said Clause declares our Right of being bound only by Laws to which we Consent as it does the Right of the People of England And that all Subjects within the said Land of Ireland shall enjoy the Profit and Commodity thereof in like manner as the Kings Subjects of the Realm of England I am now Arrived at our Sixth and Last Article Proposed viz. The Reasons and Arguments that may be be farther Offered on one side and t'other in this Debate I have before taken notice of the Title England pretends over us from Conquest I have likewise enquired into the Precedents on one side and t'other from Acts of Parliament from Records and from Reports of the Learned in the Laws There remains another Pretence or two for this Subordination to be Considered and one is founded on Purchase 'T is said That vast Quantity of Treasure that from time to time has been spent by England in Reducing the Rebellions and carrying on the Wars of Ireland has given them a just Title at least to the Lands and Inheritances of the Rebels and to the absolute Disposal thereof in their Parliament And as particular Examples of this we are told of the great Sums Advanced by England for suppressing the Rebellion of the Irish Papists in 41. and Opposing the late Rebellion since King WILLIAM's Accession to the Throne To this I Answer That in a War there is all Reason imaginable that the Estates of the Unjust Opposers should go to repair the the Damage that is done This I have briefly hinted before But if we consider the Wars of Ireland we shall perceive they do not resemble the common Case of Wars between two Foreign Enemies Ours are rather Rebellions or Intestine Commotions that is The Irish Papists rising against the King and Protestants of Ireland and then 't is plain that if these Latter by the Assistance of their Brethren of England and their Purse do prove Victorious the People of England ought to be fully Repaid But then the manner of their Payment and in what way it shall be Levied ought to be left to the People of Ireland in Parliament Assembled And so it was after the Rebellion of 41. The Adventurers then were at vast Charges and there were several Acts of Parliament in England made for their Re-imbursing by disposing to them the Rebels Lands But after all it was thought Reasonable that the Parliament of Ireland should do this in their own way and therefore the Acts of Settlement and Explanation made all the former English Acts of No Force or at least did very much Alter them in many Particulars as we have Noted before In like manner we allow that England ought to be repaid all their Expences in supressing this late Rebellion All we defire is That in Preservation of our own Rights and Liberties we may do it in our own Methods regularly in our own Parliament And if the Re-imbursement be all that England stands upon what availeth it whether it be done this way or that way so it be done We have an Example of this in Point between England and Holland in the Glorious Revolution under His Present Majesty Holland in Assisting England Expended 600000 Pounds and the English Parliament fairly repay'd them It would have look'd oddly for Holland to have insisted on Disposing of Lord Powis's and other Estates by their own Laws to re-imburse themselves 'T is an Ungenerous thing to villifie 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 Counâ—…ry 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 â—…he same time propose the Prevention of their own Danger that would necessarily have attended our Ruine if so 't was in some measure their own Battels they fought when they fought for Ireland and a great part of their Expence must be reckon'd in their own Defence Another thing alledged against Ireland is this If a Foreign 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 lies cross their Interests restrain Ireland and bind it by Laws and maintain these Laws by Force To this I answer First That it will hardly be instanced that any Nation ever Declared War with another meerly for over-topping them in some signal Advantage which otherwise or but for their Endeavours they might have reaped War only is Justifiable for Injustice done or Violence offer'd or Rights detain'd I cannot by the Law of Nations quarrel with a Man because he going before me in the Road finds a Piece of Gold which possibly if he had not taken it up I might have light upon and gotten 'T is true we often see Wars commenced on this Account under-hand and on Emulation in Trade and Riches but then this is never made the Open Pretence some other Colour it must receive or else it would not look fair which shews plainly that this Pretence of being Prejudicial or of reaping Advantages which otherwise you might partake of is not Iustifiable in it self But granting that it were a good Justification of a War with a Foreign Nation it will make nothing in the Case between England and Ireland for if it did why does it not operate in the same manner between England and Scotland and consequently in like manner draw after it England's binding Scotland by their Laws at Westminster We are all the same Kings Subjects the Children of one Common Parent and tho' we may have our Distinct Rights and Inheritances absolutely within our selves yet we ought not when these do chance a little to interfere to the prejudice of one or t'other side immediately to treat one another as Enemies fair Amicable Propositions should be proposed and when these are not hearkened to then 't is time enough to be at Enmity and use Force The last thing I shall take Notice of that some raise against us is That Ireland is to be look'd upon only as a Colony from England And therefore as the Roman Colonies were subject to and bound by the Laws made by the Senate at Rome so ought Ireland by those made by the Great Council at Westminster Of all the Objections raised against us I take this to be the most Extravagant it seems not 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 Do not the Kings of England bear the Stile of Ireland amongst the rest of their Kingdoms Is this Agreeable to the nature of a Colony Do they use the Title of Kings of Virginia New-England or Mary-Land Was not Ireland given by Henry the Second in a Parliament at Oxford to his Son Iohn and made thereby 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 Have not multitudes of Acts of Parliament both in England and Ireland declared Ireland a Compleat Kingdom Is not Ireland stiled in them All the Kingdom or Realm of Ireland Do these Names agree to a Colony Have we not a Parliament and Courts of Judicature Do these things agree with a Colony This on all hands involves so many Absurdities that I think it deserves nothing more of our Consideration These being the only remaining Arguments that are sometimes mention'd Against us I now proceed to offer what I humbly conceive Demonstrates the Justice of our Cause And herein I must beg the Reader 's Patience if now and then I am forced lightly to touch upon some Particulars foregoing I shall Endeavour all I can to avoid prolix Repetitions but my Subject requires that sometimes I just mention or refer to several Notes before delivered First therefore I say That Ireland should be Bound by Acts of Parliament made in England is against Reason and the Common Rights of all Mankind All Men are by Nature in a state of Equality in respect of Jurisdiction or Dominion This I take to be a Principle in it self so evident that it stands in need of little Proof 'T is not to be conceiv'd that Creatures of the same Species and Rank promiscuously born to all the same Advantages of Nature and the use of the same Faculties should be Subordinate and Subject one to another These to this or that of the same Kind On this Equality in Nature is founded that Right which all Men claim of being free from all Subjection to Positive Laws till by their own Consent they give up their Freedom by entring into Civil Societies for the common Benefit of all the Members thereof And on this Consent depends the Obligation of all Humane Laws insomuch that without it by the Unanimous Opinion of all Iurists no Sanctions are of any Force For this let us Appeal amongst many only to the Iudicious Mr. Hooker's Eccles. Polity Book 1. Sec. 10. Lond. Ed it 1676. Thus He. Howbeit Laws do not take their Constraining force from the Quality of such as Devise them but from that Power which doth give them the strength of Laws That which we spake before concerning the Power of Government must here be applied to the Power of making Laws whereby to Govern which Power God hath over All and by the Natural Law whereunto he hath made all subject the Lawful Power of making Laws to command whole Politick Societies of Men belongeth so properly unto the same entire Societies that for any Prince or Potentate of what kind soever upon Earth to exercise the same of himself and not either by express Commission immediately and personally receiv'd from God or else by Authority derived at the first from their Consent upon whose Persons they impose Laws it is no better than meer Tyranny Laws they are not therefore which Publick Approbation hath not made so But Approbation not only they Give who Personally declare their Assent by Voice Sign or Act but also when others do it in their Names by Right Originally at the least derived from them As in Parliaments Councils c. Again Sith Men Naturally have no full and perfect Power to command whole Politick
Multitudes of Men therefore utterly without our Consent we could in such sort be at no Mans Commandment living And to be commanded we do consent when that Society whereof we are part hath at any time before consented without revoking the same after by the like Universal Agreement Wherefore as any Mans Deed past is good as long as himself continueth so the Act of a Publick Society of Men done five hundred years sithence standeth as theirs who presently are of the same Societies because Corporations are Immortal we were then alive in our Predecessors and they in their Successors do still live Laws therefore Humane of what kind soever are available by Consent c. And again But what matter the Law of Nations doth contain I omit to search the strength and vertue of that Law is such that no particular Nation can lawfully prejudice the same by any their several Laws and Ordinances more then a Man by his Private Resolutions the Law of the whole Commonwealth or State wherein he liveth for as Civil Law being the Act of a whole Body Politick doth therefore over-rule each Civil part of the same Body so there is no Reason that any one Commonwealth of it self should to the Prejudice of another annihilate that whereupon the whole World hath Agreed To the same purpose may we find the Universal Agreement of all Civilians Grotius Puffendorf Lock 's Treat Government c. No one or more Men can by Nature challenge any Right Liberty or Freedom or any Ease in his Property Estate or Conscience which all other Men have not an Equally Iust Claim to Is England a Free People So ought France to be Is Poland so Turky likewise and all the Eastern Dominions ought to be so And the same runs throughout the whole Race of Mankind Secondly 'T is against the Common Laws of England which are of Force both in England and Ireland by the Original Compact before hinted It is Declared by both Houses of the Parliament of England 1 Iac. cap. 1. That in the High Court of Parliament all the whole Body of the Realm and every particular Member thereof either in Person or by Representation upon their own Free Elections are by the Laws of this Realm deem'd to be Personally present Is this then the common Law of England and the Birth-right of every Free-born English Subject And shall we of this Kingdom be deny'd it by having Laws imposed on us where we are neither Personally nor Representatively present My Lord Cooke in his 4th Inst. cap. 1. saith That all the Lords Spiritual and Temporal and all the Commons of the whole Realm ought ex Debito Justiciae to be Summon'd to Parliament and none of them ought to be Omitted Hence it is call'd Generale Concilium in the Stat. of Westminst 1. and Commune Concilium because it is to comprehend all Persons and Estates in the whole Kingdom And this is the very Reason given in the Case of the Merchants of Waterford foregoing why Statutes made in England should not bind them in Ireland Quia non habent Milites hic in Parliamento Because they have no Representatives in the Parliament of England My Lord Hobbard in the Case of Savage and Day pronounced it for Law That whatever is against Natural Equity and Reason is against Law Nay if an Act of Parliament were made against Natural Equity and Reason that Act was void Whether it be not against Equity and Reason that a Kingdom regulated within it self and having its own Parliament should be Bound without their Consent by the Parliament of another Kingdom I leave the Reader to consider My Lord Cooke likewise in the first Part of his Institutes fol. 97. b. saith Nihil quod est contra Rationem est Licitum And in the old Modus Tenendi Parliamenta of England said to be writ about Edward the Confessor's time and to have been Confirmed and Approved by William the Conqueror It is expresly declared That all the Lords Spiritual and Temporal and the Knights Citizens and Burgesses ought to be summoned to Parliament The very same is in the Modus sent into Ireland by Henry the 2d And in King Iohn's Great Charter dated 17. Iohannis 't is granted in these words Et ad habend Commune Concilium Regni de Auxiliis Scutagiis Assidendis Submoneri faciemus Arâ—…hiepiscopos Episcopos Abbates Comites Majores Barones Regni Sigillatim per Literas Nostras faciemus submoneri in generali per Vicecomites omnes alios c. Math. Paris ad An. 17. Iohann All are to be Summoned to Parliament the Nobility by special Writts the Commons by general Writts to the Sheriffs And is this the Common Law of England Is this part of those Liberae Consuetudines that were contained in the Great Charter of the Liberties of the People of England And were so solemnly granted by Henry II. King Iohn and Henry the 3d to the People of Ireland that they shou'd Enjoy and be Governd by and unto which they were Sworn to be Obedient And shall they be of Force only in England and not in Ireland Shall Ireland Receive these Charters of Liberties and be no Partakers of the Freedoms therein contained Or do these words signifie in England one thing and in Ireland no such thing This is so repugnant to all Natural Reason and Equity that I hope no Rational Man will Contest it I am sure if it be so there 's an end of all Speech amongst Men All Compacts Agreements and Societies are to no purpose 3. It is against the Statute Laws both of England and Ireland this has been pretty fully disuss'd before however I shall here again take notice That in the 10. of Henry the 4th it was Enacted in Ireland that Statutes made in England should not be of Force in Ireland unless they were Allowed and Published by the Parliament of Ireland And the like Statute was made the 29th of Henry the 6th And in the 10th Year of Henry the 7th Chap. 23 Irish Statutes The Parliameâ—… which was held at Drogheda beforâ—… Sir Christopher Preston Deputy to Iaspar Duke of Bedford Lieutâ—… nant of Ireland was declared Void for this Reason amongst others That there was no General Summons of the said Parliament to all the Shires but only to Four And if Acts of Parliament made in Irelanâ—… shall not Bind that People because some Counties were omitted how much less shall either their Persons or Estates be Bound by those Acts made in England whereat no one County or Person of that Kingdom is present In the 25tâ—… of Edward the 1st Cap. 6. It was Enacted by the Parliament of England in these Words Moreover from henceforth we shall take no manner of Aid Taxes or Prizes but by the Common Assent of the Realm And again in the Statute of Liber ties by the same King Cap. 1. Dâ—… Tallag non Concedend it is Enacted in these Words No Tallage or Aid