Ecclesiastical Jurisdiction which the Statute in England placed in the See of Canterbury are become English Archbishops And with the like way of reasoning he would infer that Acts of Recognition in England are of no Force in Ireland till the Irish have recognized the same King and yet confesses That whoever is King of England is ipso facto King of Ireland and the Subjects are obliged to obey him as their Leige Lord That they in Ireland are so annexed to England that the Kings and Queens of England are by undoubted Right ipso facto Kings and Queens of Ireland To use Mr. M's own Expression I am sure there 's an end of all Speech if he does not confess that a Prince rightfully possest of the English Throne is thereby King of Ireland before any Recognition made by a Parliament there and yet not withstanding this generous Concession he immediately subjoins And from hence we may reasonably conclude that if any Acts of Parliament made in England should be of force in Ireland before they are receiv'd there in Parliament they should be more especially such Acts as relate to the Succession and Settlement of the Crown and Recognition of the King's Title thereto and the Power and Jurisdiction of the King And yet we find in the Irish Statutes 28 H. 8. c. 2. An Act for the Succession of the King and Queen Ann. And another c. 5. declaring the King to be supreme Head of the Church of Ireland Both which Acts had formerly pass'd in the Parliament of England So likewise we find amongst the Irish Statutes Acts of Recognition of the King's Title to Ireland in the Reigns of H. 8. Queen Elizabeth King Charles 2. K. William and Q. Mary by which it appears that Ireland tho annexed to the Crown of England has always been look'd upon to be a Kingdom compleat within it self and to have all Jurisdiction to an absolute Kingdom belonging and subordinate to no Legislative Authority on Earth Tho 't is to be noted those English Acts relating to the Succession and Recognition of the King's Title do particularly name Ireland Before I enter into the enquiry how this can be made consistent with a Kingship ipso facto before the Recognition in Ireland 't will be requisite to inform him that we have had Settlements of the Crown by Acts of Parliament here which never were formally received by any Parliament in Ireland and yet such Act of Parliament here has ever been held to bind Ireland tho 't was not expresly named and that tho the Settlement has carried the Crown from the elder Branch of the Royal Family for instance 7 H. 4. at the request of the Lords and Commons in Parliament 't was enacted That the Inheritance of the Crown and of the Realms of England and France and of all other the King's Seigniories or Lordships beyond Sea with the appurtenances be put and remain in the Person of the said King and the Heirs of his Body issuing and 't was ordain'd established pronounced expressed and declared that Prince Henry the King 's eldest Son be Heir apparent to succeed him in the said Crown Realms and Seigniories to have them with all their Appurtenances after the King's decease to the Prince and the Heirs of his Body with Remainders over to the King 's 2 d and 3 d Sons and the Heirs of their respective Bodies successively And according to this Form 1 H. 7. 't was ordain'd established and enacted by Authority of Parliament that the Inheritances of the Crowns of the Realms of England and France with all the preheminence and dignity Royal to the same appertaining and all other Seigniories belonging to the King beyond Sea with the Appurtenances in any manner due to them or appertaining do stand and remain in the most noble Person of their said Sovereign Lord H. 7. and the Heirs of his Body lawfully issuing for ever with the Grace of God to endure and in no other Persons Not to trouble Mr. M. with an enquiry whether these or any other Acts of Parliament in England of former Reigns united Ireland to England otherwise than as they declared their intention for that Seigniory or Dominion to go along with the Government of England or what Act of Parliament in Ireland since the first submission to H. 2. created an Annexation of the Land of Ireland to the Crown of England I must entreat him to explain How it should come to pass that the King of England ipso facto by his being made King here is King of Ireland and yet that those Acts of Parliament here by which the King is declared King without and against a strict courst of descent are of no force till the King is recognized by Act of Parliament in Ireland If a King of England as such is ipso facto King of Ireland is he not so before any Act of Recognition there And if so what can that or other Acts repeating the Laws made in England signify more than a full publication of what was the Law before If the Election or Declaration of a King by a Parliament in England gives a Law in this matter to Ireland and such a King is to be obey'd by virtue of that Law ipso facto before he is received and acknowledged by a Parliament in Ireland do their subsequent Recognitions in the least infer that Ireland is a compleat Kingdom Is it any better than a Contradiction to hold that a King of England as created or declared in a Parliament of England is thereby or at the same instant King of Ireland and yet that Ireland is a Kingdom so compleat in it self that he is no King till the Act of Parliament creating or declaring him King is confirm'd by a Parliament in Ireland Or take it the other way No Act of Parliament in England is of any force till confirmed in Ireland and yet a King declared by a Parliament of England tho he was not King before such declaration is thereby or ipso facto King of Ireland that is an Act of Parliament of England is not of force in Ireland till confirm'd there and yet 't is of force ipso facto by the being enacted here Does it not therefore follow that such an annexation of Ireland to the Crown of England as makes the King of England ipso facto King of Ireland destroys the supposition that their Parliaments have Authority to confirm or reject Laws made by the Legislature in England Or otherwise that the supposition of such an Authority in the Parliament of Ireland destroys that annexation which Mr. M. himself yields Further yet 't will appear that even after a Parliament of Ireland had as far as it could annex'd that Land as a Kingdom to the Imperial Crown of England an Annexation here was requisite for the ratifying what had been done in Ireland Therefore 34 and 35 H. 8. an Act was made by the Parliament of England for
ratification of the King's Majesty's Stile by the King with the assent of the Lords Spiritual and Temporal and the Commons in that Parliament assembled and by the Authority of the same enacting that all and singular his Grace's Subjects and Resiants of or within this his Realm of England Ireland and elsewhere with other his Majesty's Dominions from thenceforth accept and take the King's Stile in manner and form following H. 8. by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the supream Head And 't is enacted that the said stile shall be from thenceforth by the Authority aforesaid united and annexed to the Imperial Crown of his Highness's Realm of England This related to all Ecclesiastical Power as well as Civil in Ireland as well as England In pursuance of this the Statute 1 Eliz. for the extinguishing all usurped and Foreign Power and Authority Spiritual and Temporal which had been used within this Realm or any other her Majesty's Dominions or Countries enacts That no Foreign Prince or Prelat shall enjoy any Power Jurisdiction Superiority Authority or Privilege Spiritual or Ecclesiastical within this Realm or within any other her Majesty's Dominions or Countries but that such Power c. shall be abolished out of this Realm and all other her Highness's Dominions And that all Power of visiting and correcting for Heresies Schism c. shall for ever by Authority of that Parliament be united and annexed to the Imperial Crown of this Realm Ecclesiastics were to swear that they would maintain all such Jurisdiction Privileges Preeminence and Authority as granted or belonging to the Queen's Highness her Heirs and Successors or united to the Imperial Crown of the Realm And the Queen is impowred to issue out Commissions for the executing that Act. This Statute bound Ireland by plain intention as that 34 and 35 H. 8. did in express words But Mr. M. will have it a mighty Argument that this was of no force in Ireland till received by a Parliament there because after it had bin repealed in England by one Act and another since the Revolution has declared such Commissions to be illegal yet the Chancellor and others in Ireland have held it to be still in force there But 1. He ought to have shewn that the Statute here repealing so much of the Statute of the Queen as plainly exprest an intention that no such Commission should be granted in Ireland as the Statute of the Queen did that Ireland should be subject to the same Ecclesiastical Authority and in the same manner that England was nor is it to any purpose for him to cite the Declarations in the late Statute of the illegality of such Commissions unless that Act had damn'd such Commissions not only as being contrary to the Act of Repeal but not to be warranted by the Statute of the Queen but then this would have condemned the Resolution which he cites of the Authority of such Commissions still in Ireland 2. Admit Mr. M. should prove that the Statute made in England taking away the Authority of such Ecclesiastical Commissions here as plainly intended to reach Ireland 't will afterwards appear that unless Mr. M. shew that this Act had been transmitted to Ireland under the Great Seal of England the supposition that such Commissions may still be legally executed in Ireland will not in the least derogate from the Authority of the Parliament of England 3 dly But how contrary his supposal of an independent Authority in the Parliament of Ireland is not only to the Laws of reasoning but the Authorities of all times from H. 2. downwards has already appeared in some measure and may farther by some Authorities out of many which will manifest that the Rights of the Crown of England to impose Laws upon Ireland by virtue of prior submissions and consent is so far from being departed from that 't is strengthned and confirmed by long exercice and submission to it Mr. M. considering the State of the Statute Laws of England under H. 2. King John and H. 3. agrees That by the Irish voluntary submission to and acceptance of the Laws of England we must repute them to have submitted themselves to these likewise till a regular Legislature was established among them in pursuance of that voluntary submission and voluntary acceptance Yet he soon forgets this Concession and would have it that the men of Ireland were not bound by new Laws but that the Grants of Liberties from Edward the Confessor's time down to H. 3. were only declaratory Laws and confirmations one of another and that thus Ireland came to be govern'd by one and the same common Law with England I must confess I could not but smile at his Marginal Note upon the proceedings of the Parliament at Oxford in the Reign of H. 2. by this Ireland made an absolute separate Kingdom And in the Body of his Book he says We shall observe that by this donation of the Kingdom of Ireland to King John Ireland was most eminently set apart again as a separate and distinct Kingdom by it self from the Kingdom of England and did so continue until the Kingdom of England descended and came unto King John But to help him to understand this matter I shall mind him of another passage in Hen. II's Reign As he placed his Son John in Ireland he to secure the Succession of the Imperial Crown of England to his eldest Son Henry caused him in a Parliament to be chosen and made King of England while Henry the Father was alive Now did the Father by this separate England from his own Jurisdiction No certainly and indeed in the Oath to the Son and the homage perform'd both at the Coronation and afterwards by the King of Scots there was a particular saving of the Allegiance and Homage due to the Father Thus both Hoveden and Bromton shew that 't was in relation to the constituting John King of Ireland as they call him they are express that they to whom the Lands of Ireland were distributed in that very Parliament which gave John his Office and Authority were sworn to the Father and the Son And Mr. M. might have observ'd that a Charter pass'd in that Parliament and cited by Sir John Davis grants to Hugh de Lacy large Territories in the County of Methe to hold of H. 2. and his Heirs Whereas if Ireland had been given as Mr. M. will have it to John and that thereby 't was made an absolute Kingdom separate and wholly independent on England The Tenure must have been of John and his Heirs The Oath of Allegiance which in those days used to have no mention of Heirs was to H. 2. as King of England and went along with the Crown but the Tenure reserved was expresly to the Heirs of H. 2. which must relate to the legal Successors to
Parliaments of its own as free and independent as England or that it should be governed by the Laws made and to be made by England Mr. Molineux confesses that H. II. within five years after his Return from Ireland created his younger Son John King of Ireland at a Parliament held at Oxford he might have learn'd from the same Authority that in that Parliament he not only disposed of several petty Kingdoms there to hold of him and John his Son but Hoveden has these words which comprehend Lands as well as Governments Postquam autem Dominus Rex apud Oxenford in praedicto modo terras Hiberniae earum servitia divisisset fecit omnes quibus earundem custodias commisserat homines suos Johannis filii sui devenire But after the Lord the King had at Oxford in manner aforesaid divided the Lands of Ireland and their Services he caused all those to whom he had committed the Custody of them to do homage to him and his Son John to swear Allegiance and Fidelity to them Bromton says Apud Oxoniam idem Rex Angliae Johannem filium snum coram Episc regni sui Princip Regem Hiberniae constituit Et postea fecit quosdam familiares suos sibi Johanni filio suo ligantias fidelitates homagia contra omnes homines facere jurare Quibus terras Hiberniae dedit distribuit in hunc modum c. At Oxford the said King constituted his Son John King of Ireland before the Bishops and Princes of his Kingdom And afterwards he made some of his Courtiers to do and swear Allegiance Fidelity and Homage to himself and his Son John against all men To whom he gave and distributed the Lands of Ireland in this manner c. If what the King did in a Parliament was a Parliamentary Act here was an Act of the English Parliament which by Mr. Molineux's Confession impos'd a King upon Ireland to whom they had not sworn any otherwise than as they swore to submit to the English Laws and he should have observed that herein according to his own inference of the making Ireland a separate Kingdom the English Parliament undertook to discharge the Oath which the Irish had taken to be true to H. 2. and his Heirs and sutably to the Legislative Authority over Ireland in this Particular the same Parliament at Oxford disposed of and distributed the Lands of Ireland without expecting any Ratification from thence Here 's a Parliamentary and cotemporary Exposition of what this Gentleman calls the Original Compact between England and Ireland I must agree tho he has not observ'd it that notwithstanding H. Il's Acquisition in Ireland an Irish Native had quiet possession of a Kingdom which he seem'd to claim as chief King over the Irish This was Roderic King of Connaught who upon paying his Tribute and performing his appointed Service was according to Hoveden to hold his Land as he held it before H. II. enter'd Ireland which could not be true in a strict sense unless he were dependent upon the Crown of England before and however this was a Grant after a more absolute Acquisition and three years after Girald holds as do the Irish Statutes that he had conquer'd the whole Land of Ireland Abbat Benedict an Author of that time to be seen in the Cotton Library speaking of H. II. says Concedit Roderico ligio suo Regi Conautae quamdiu ei fideliter serviet ut sit Rex sub eo paratus ad servitium suum salvo in omnibus jure honore Domini Regis Angliae suo He grants to Roderic his Leige-man King of Connaught that as long as he faithfully served him he should be a King under him ready for his Service saving in all things the Right and Honour of the Lord the King of England and his As it appears by Record by the 7 th of King John the King of Connaught had two thirds duly taken from him for not performing his Service or else he never had more than a third of that Kingdom granted for then he acknowledged that he held a 3 d part in the name of a Barony and for the other two thirds proffers the King Duos Cantredos cum Nativis eorundem Cantredorum de praedictis duabus partibus ad firmandum in eis vel faciendum inde voluntatem suam Two Cantreds with the Natives of those Cantreds to let 'em to farm or to do with them what he pleased Thus I take it his Kingdom was as much dependent upon the Crown of England as any Barony in Ireland or England and as subject to Forfeiture And 't is probable that this King was the head of the O Conoghors of Connaught who are 3 E. 2. admitted to be entituled to the English Law But tho the Law of England was not current beyond the English Pale or those Cantreds and Divisions of Irish who continued under Obedience to the English yet the Crown of England has from very antient times not only laid claim to the Lordship over the whole Land of Ireland but their Parliaments have recognized this Right more than once Mr. M. if he had pleased might have found that Acts of Parliament made in Ireland lay a much earlier Foundation of the Right of the Crown of England to the Land of Ireland even than our Confessor's Law does A Statute made in Ireland 1 Eliz among sundry Titles which the antient Chronicles in the Latin English and Irish Tongues alledge for the Kings of England to the Land of Ireland derives one from Gormond Son of Belin King of Great Britain This King our Historians call Gurgunstus and is said to have reign'd in Great Britain 375 years before the Christian Aerd Grafton agreeing with the Irish Statute tells us that in his return from Denmark he met with a Fleet of Spaniards which were seeking for Habitations to whom the King granted the Isle of Ireland to inhabit and to hold of him as their Sovereign Lord. The Statute made in Ireland 13 C. 2. recognizing his Title has these words Recognitions of this nature may seem unnecessary where your Majesty's Title to this your Realm is so clear as that it is avowed in sundry Acts of Parliament heretofore made within this Kingdom in the times of your Majesty's Royal Progenitors of famous memory and SO ANTIENT AS IT IS DEDUCED NOT ONLY FROM THE DAYS OF KING H. 2. your Majesty 's Royal Ancestor BUT FROM TIMES FAR MORE ANTIENT AS BY SUNDRY AUTHENTICK EVIDENCES MENTIONED IN THE SAID ACTS AND RECORDS OF THIS YOUR MAJESTY'S KINGDOM MAY EVIDENTLY APPEAR Since Mr. Molineux allows Acts of Parliament made in Ireland to have full Authority I hope he will confess that he has given a very imperfect and undue account how Ireland became a Kingdom annexed to the Crown of England and thus not here to observe that he need not have gone
the Crown of England since as King he could have no other Heir But as this may manifest that the Parliament which made John King of Ireland design'd him no more than a subordinate and vicarious Authority 't is plain he himself did not think he had more in the Seal which he used he stiled himself Son of the King Lord or who is Lord of Ireland Nor is there the least footstep of any Coronation Oath taken by John as King of Ireland or that he ever wore an Irish Crown Notwithstanding that share in the Government of Ireland which John had in his Father's life-time Ireland upon the Father's death fell to R. 1. and the Archbishop of Dublin was assisting at his first Coronation before he went to the Holy War Nor did John ever pretend to be King of Ireland while R. 1. lived more than of England which having attempted while his Brother was in Foreign parts far remote upon his Brother's return he was by Parliament deprived of all his Honours and Fortune And thus at least he lost his suppos'd Royalty of Ireland if it did not expire upon the death of H. 2. and this shews how rightly Polidore judged in calling him Regulus or Viceroy I will therefore admit Mr. M's supposal that R. 1. had not died without Issue but his Progeny had sat on the Throne of England in a continued succession to this day but cannot admit the other part of his supposal that the same had been in relation to the Throne of Ireland since John never had such Throne either before he was King of England nor after and therefore I may well conclude that the subordination of Ireland to the Parliament or even to the King of England need not arise from any thing that followed after the descent of England to King John Nor indeed was John King either of England or Ireland by descent but that Election of the States of the Kingdom of England which made him their King preferring him before Arthur an elder Brother's Son drew after it the Lordship of Ireland as an Appendant to the Crown of England And however if H. 2. had not sufficiently brought the Irish under the English Laws John did after he came to be King of England In the 9 th of his Reign he imposed Laws upon them in a Parliament of England not indeed without the desire and counsel of such English Lords who had Lands in Ireland but then their consent would have been involved in the consent of the majority here tho those Lords should have expresly dissented But the Authority was derived from the consent of the King 's faithful People which is mentioned as distinct from the desire or petition which occasioned the Law then made in a Parliament of England for the expelling Thieves and Robbers out of the King's Land of Ireland For the effectual execution of this Act of Parliament King John's Expedition seems to have been undertaken the next year when he entirely subdu'd his Enemies and confiscated the Estates of some of the English great Men in Ireland Which Confiscation seems to have been after his return to England but before that or at some other time in his Reign he made a Law in Ireland which he commanded to be observed there That all the Laws and Customs which are in force in England should be in force in Ireland and that Land be subject to the same Laws and be govern'd by them This was before any pretence to their having any Charter for a Parliament other than the supposed sending over the modus tenendi Parl. by H. 2. and is before the time that Mr. M. takes a regular Legislature to have been established among them Therefore according to himself we must repute them to have submitted not only to such Laws as had before that time been made in Parliaments of England but such as should be made till they of Ireland should have the establishment of a regular Legislature However Mr. M. will have it that John gave Laws to Ireland not as King of England but as Lord of Ireland and forms a pretty sort of an Argument from the stile of Lord of Ireland as if this were an Argument that 't is not dependent upon the Crown of England so excellent a faculty has he of making contraries serve his purpose But 't is very unlucky that John's retaining this stile is not only an Argument that Ireland is a Dominion or Land appendant to the Crown of England but that John was never King of Ireland which he would certainly have kept up as a distinct Interest if he ever had such a Title separate from the Crown of England H. 3. being made K. of England by the like choice of the States which preferr'd him before Arthur's Sister as they did John before the Brother in concurrence with these States truly acted as Lord of Ireland as might be shewn by numerous Instances In the 18 th of his Reign upon matters signified to him out of Ireland he summoned the Archbishops Bishops Earls Barons and all the great Men or Nobility of the Kingdom of England to a Parliament at London to treat about the State of his Kingdom and of his Land of Ireland And in the 21 of his Reign he sends a Writ to the Archbishops and others of Ireland acquainting them that by the common consent of the Archbishops Bishops Abbots Earls and Barons of the Kingdom of England alterations of the Law of England were enacted as to the Limitations of several Writs which were then required to be observed in Ireland in pursuance of the Statute of Merton In the 37 th of his Reign an Irish man having pleaded that he and his Brother and their Ancestors had always bin faithful to the Kings of England his Predecessors and served them in the CONQUEST OF THE IRISH they are by peculiar licence under the Great Seal of England admitted to enjoy by descent as Englishmen Which was an alteration of the Law and Custom of Ireland as to those particular Persons without any Act of Parliament there Indeed but four years after 't is recorded that 't was long before and many Ages past which must reach beyond the Expedition of H. 2. provided and yielded by the assent and desire of the Prelats and great Men of the Land of Ireland that they should be bound by the Laws us'd in the Kingdom of England Yet the same Record restrains this to the consent of only the English of the Land of Ireland However 't is beyond dispute that the English Laws both made and to be made in England were then held to reach as far as the English Interest in the Land of Ireland and this according to the Record 18 H. 2. above referr'd to was provided de communi Consilio Regis by the King 's Common Council tho by what
be executed even in Palatinates nor does it appear that the King's Council in Parliament disallowed of their Proceeding â— for nothing was done upon this â—etâ—tion any more than referring it to the next Parliament In the Case of one Allen Fitzwaren they Ordered a Writ from the Chancellor of England to require the Justice of Ireland to examine whether a Judgment about Title of Land had been given while a Man was absent and under the King's Protection requiring that if any thing was done contrary to Protection it should be amended in due manner And as the Lords in Parliament then exercis'd a Jurisdiction over Ireland it appears that out of it the High Admiral of England had Conuâ—ance of all maritime Causes as well throughout Ireland as England from the time then beyond the memory of Man which must relate to the general Prescription which is at this day as far since as the beginning of R. 1. Son to H. 2. That during the Reign of E. 1. Irel. was govern'd as a part of England or appurtenant to it and that the Laws made here wanted no other Publication than what was in obedience to the Great Seal of England affixed to Writs and Charters or Exemplifications of our Acts of Parliament by Authority from hence I think may be beyond dispute which might excuse my not dwelling upon the unfortunate Reign of E. 2. and yet there are some evidences not to be neglected of England's being then possess'd of its ancient Authority over Ireland and that tho' at least from the 3 d. of that King's Reign Mr. M. supposes that they had a regular Legislature in Ireland In the 10 th of that King the English in Ireland petitioned him for a Constitution that a Parliament should be holden there once a Year Upon this and other things then desired the King under the Great Seal of England commands the Justice of Ireland to Summon a Parliament there to consider what was sit to be done and to certifie the result into England upon which the King declared that he would by the advice of his Counsel ordain what should be sitting but nothing more appears of that matter which was the farthest step towards settling an Annual Parliament in Ireland In the 12 th of that King an Act of Parliament was made in England with this Preamble Forasmuch as divers People of the Realm of England and of the Land of Ireland have hereto fore many times suffered great Mischiefs Damage and Disherisons by reason that in some Cases where the Law failed no Remedy was ordained and also forasmuch as some points of the Statutes heretofâ—re made had need of Exposition our Lord King Edward Son to King Edward desiring that full Right may be done to his People at his Parliament holden at York the third Week after the Feast of St. Michael the 12th Year of his Reign by the Assent of the Prelates Earls Barons and the Commonalty of his Realm there assembled hath made these Acts and Statutes following the which he willeth to be observ'd in his said Realm and Land Though Ireland is in some sense part of the Realm of England yet here 't is distinguished as a Land intended to be bound tho it had no Commonalty of its own to represent it in Parliament and there is new Remedy provided where the Law had failed as well as the explaining what was Law before that part at least which creates a Forfeiture of Wine and Victuals sold by any Officer appointed to look after the Assises of them was absolutely new This Statute was transmitted to Ireland by the following Writ under the Great Seal of England and the Name of the Party who received it is enter'd upon Record Rex Cancel suo Hibern ' Salutem Quaedam statuta per nos in Parl. nostro nuper apud Ebor ' convocato de assensu Prel Com. Bar. totius Communitatis regni nostri ibid ' existentis ad Commun util regni nostri ac terrae Hibern ' edita vobis sub sigillo nostro mittimus consignata Mandantes quod Stat illa in dicta Cancel lariâ custodiri ac in rotulis ejusd Cancel irrotulari sub sigillo nostro quo utimur in Hiberniâ in forma patenti exemplificari ad singulas placeas nostras in ter praed singuloâ— comitat ejusd ter mitti facias brevia nostra sub dicto sigillo minist nostris placearum illar Vicecom dict Com. quod statuta illa coram ipsis publicari ea in omnibus singulis suis artic quantum ad eor singulos pertinet â—irmiter faciant observari Teste R. apud Clarendon 10 die Sept. An. quarto decimo The King to his Chancell of Ireland Greeting We send you under our Great Seal certain Statutes made by us in our Parliament lately called together at York with the Assent of the Prelates Earls Barons and all the Commons of our Kingdom there assembled for the Common Vtility of our Kingdom and Land of Ireland Commanding you that those Statutes be kept in the Rolls of the said Chancery to be enroll'd and exemplified in the Form of a Patent under our Seal which we use in Ireland and thaâ— you cause it to be sent to every one of our Places in the said Land and every County of the same And our Writs under our said Seal commanding our Officers of those Places and Sheriffs of the said Counties to cause those Statutes to be published before them and in all and singular their Articles which to every one of them appertain to be firmly observ'd Teste the King at Clarendon the 10th of Sept. in the 14th of his Reign In the same Roll there 's another Writ of the same Form dated at Nottingham 20 Nov. sending to the Chancellor of Ireland the Stature of York and another made before at Lincoln These Entries explain the general Transmissions and shew what was to be done by the Justice of Ireland in order to the publication of Laws made in Parliaments here and sent to him but yet he had no need nor authority to call a Parliament in Ireland for the publishing any Law made here unless particularly required under the Great Seal of England Yet I cannot but admire the force of Mr. M's Imagination in framing an Argument on that very Year that those Statutes were sent to Ireland That the Parliament of England did not take upon them to have any jurisdiction in Ireland because the King sent his Letters-Patents to the Lord Chief Justice of Ireland commanding that the Irish Natives might enjoy the Laws of England concerning Life and Member to which he had been moved by his Parliament at West-minster which is as much as to say they used no Jurisdiction because they did That after this time that King and his Parliament exercised Jurisdiction over Ireland appears by the Ordinance made for the State of Ireland in a Parliament held on the Octaves of St. Martin in the
Power which England has from the time of H. 2. claimed and exercised over Ireland does not naturally introduce the Taxing them without their con-Consent yet if the Modern Precedents of English Acts of Parliament alledg'd against Mr. M's Notion are Innovations and only of Thirty seven Years standing depriving them of the Rights and Liberties which they enjoyed for five hundred Years before and which were invaded without their consent such an Invasion would naturally introduce the Taxing them without their Consent But since England uses no Power which it has not generally used for these 500 Years he should avoid putting it to the necessity or temptation to go farther 2. As to the supposed uncertainty where the Supream Authority resides he might have found that pass'd dispute in their own Statutes and yet their Denyals could be of no weight till they had absolutely renounced the Protection of England and indeed must be thought to have come in surreptitiously without the due care of the Governours there under the Crown of England as well as without the notice of the Nation which has hitherto protected and supported them However the Obedience which that Nation has from H. 2d's Time pay d to the Laws of England after they had been duly pubiished by Authority under the Great Seal of England might have sufficiently taught them where the real Legislature is vested and by them and their Forefathers acknowledged And since he admits that till a Regular Legislature was established in Ireland by the Irish voluntary Submission to and acceptance of the Laws and Government of England we must repute them to have subâ—itted themselves to the Statute Laws made under H. 2. King John and H. 3. and their Predocessors If a Kingdom can have no Supreme within it self and a Subordinate Parliament is no Parliament as he would infer he must thank himself for the Consequence that therefore they have neither a Kingdom nor a Parliament and then by his own confession they are as much to be govern'd by the Statutes now made in England as their Predecessors were in the Times of King John and H. 3. 3. As to the imagined Inconvenience to England and almost threatned Defection from the Crown of the Kingdom this Gentleman's Undertaking makes it evident that the Authority ought the rather to be exerted to help some Men's Understandings least such a shew of Arguments and popular Flourishes should encourage them to act as if they were a compleat Kingdom within themselves with a King at the Head of them during whose Absence or professing a Religion contrary to that which the generality of the People profess they might assert the Right of a Free Kingd subject to no Man's Laws but what they had consented to immediately or permitted to grow into a Custom Since this Gentleman thinks he has silenced all the Patriots of Liberty and Property by his warm Appeals to them and wheadling Notions of the inherent and unalienable Rights of Mankind and howevre that he has engag'd the Crown of his side by adorning it with a Prerogative to govern Ireland without any relation to the puâ—lick good of that Kingdom the rightful Possession of which caâ—â—ies Ireland as an Appendant to the Imperial Crown I must desire him to consider whether in this as well as other Particulars before observed the Charge of Inconsistency will not fall upon him more justly than upon the Lord Coke A little to qualifie this heat upon the suppos'd Injury to Prerogative or common Right I shall recommend these Heads to his serious Consideration 1. Whether he does not yield that if there were a Submission and Consent to such Laws for Government as England should from time to time publish to be obeyed in Ireland this would be no injury to the Common Rights of Mankind 2. Whether his Tragical Exclamations against those who have acted contrary to what he takes to be the Right of the English Proprietors in Ireland are not founded upon the Supposition that those Acts of Parliaments there which have been made of late Days with express intention of binding Ireland are Innovations 3. Whether it being evident that the Laws made here have for so many Ages been enforced and submitted to as binding Ireland an English-man in Ireland has more reason to complain of a Law made here than a Wealthy Merchant Free of no Corporation or any English-man whoâ—e Profit obliges him to a continuance in Foreign Parts 4. Whether all the English Treasure which has been spent and Lives lost for the Reduction of Ireland were absolutely at the Disposal of the Princes or directed by any of their Parliaments 5. Whether a Law Book digested in the Time of H. 2. as 't is suppos'd by Publick Authority does not shew that in the Notion of that very Time when Mr. M. supposes that the Right of the Crown of England over Ireland was first acquired there was or might be Treason against the Kingdom of England as well as against the King 6. Whether the submitting to take the English Laws from the King implyed the taking them from him alone unless he made Laws in England without the Consent of the States of the Kingdom of England 7. Whether if the English modus tenendi Parliamenta being as Mr. M. thinks he has proved transmitted to Ireland by H. 2. stiling himself Conqueror of Ireland after that a Parliament of Ireland held in that form should have Voted themselves independant upon the Parliament of England would not every Member have been liable to an Impeachment for Treason against the King and Kingdom of England 8. If by Municipal Laws or the Provision of the Common Law of England in Cases not particularly express'd the Son may justly suffer in the Consequence of his Father's Forfeiture for Treason may not the same Reason hold for a dependent Nation 9. Whether Jurists universally agreed to be well skill'd in the Law of Nations and even such as hold the People or Community to be the common Subject of Power do not maintain that as well the Dominion or Power vested in the People as that which was in the Prince may be acquired by another Prince or State 10. Whether they do not hold that such acquisition made in one Age and continued lays an obligation upon Posterity to submit to it 11. Whether they do not generally hold that Protection is a good foundation of Power and that this confirms the Submissions of Publick Societies anciently made to the Nature of that Government which they had subjected themselves to and to the governing Families 12. Whether the Protection which the stronger Kingdom has continued to give to a weaker is not at least as forceable an Argument for Obedience as that protection which any Nation does or can receive from the Prince who is at the Head of it 13. Whether our Saviour's Observation upon the Roman penny and St. Paul's Epîstle to the Romans did not establish a general Rule of