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A26165 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. Cary, John, d. 1720?, attributed name.; Atwood, William, d. 1705?, attributed name. 1698 (1698) Wing A4167; ESTC R9464 73,026 218

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it may be really so or may be not so for all its Venerable Ancient Appearance we can conclude with no more Certainty than he leaves it only we may believe from the Credit of the Arguments produced by his Nephew Samuel Dopping 's Father the Reverend and Learned Doctor Dopping late Bishop of Meath that this old Modus was found in the Treasury of Waterford by my Lord Longford's Grandfather My Reader may perhaps think me as impertinent in this Repetition but I do it to shew that I have in this abbreviated about nine of his pages which offers no more of Argument to the Matter than that Henry the Second settled the Kingdom of Ireland under the very same Coustitution of Governm●nt with England and this we should as readily have granted as he could have propos'd and 't is sufficiently to our purpose that he hath abundantly prov'd That all Ranks and Orders of the Irish did unanimously agree to submit themselves to the Government of the King of England That they did thankfully receive the Laws of England and swear to be governed thereby and I know not what hath releas'd them from any part of that Obligation to this day himself owning that There cann't be shewn a more fair Original Compact than this between Henry the Second and the People of Ireland and we have desired no more from them than that they should continue to be so governed He tells us It is manifest that there were no Laws imposed on the People of Ireland by any Authority of the Parliament of England nor any introduced by Henry the Second but by the Consent and Allowance of the People of Ireland and that both the Civil and Ecclesiastical State were settled there Regiae Sublimitatis Authoritate not only this but the manner of holding Parliaments also to make Laws of their own which is the Foundation and Bulwark of the Peoples Liberties and Properties was directed and established there by Henry the Second as if 〈◊〉 were resolved that no other Person or Persons should be the Founders of the Government of Ireland but himself and the Consent of the People who submitted themselves to him against all Persons whatsoever Was it fit for the King to have carried a Parliament about with him or because he had not a Parliament there must it follow therefore that their Authority could never have any concern in what was done The King was now abroad with the Forces of the Kingdom and 't is not to be suppos'd that his own Authority was not sufficient to make Terms with the Enemy if they submitted we do not pretend that the Power of our King is limited at that rate yet whatever Submission is made to his Person on such Occasions is doubtless virtually made as to the Supream Authority of the Kingdom and that I believe every Body will allow to be in our Constitution the King Lords and Commons in all whom the Legislature resides and not in either separate from the rest The King may be said to be vested with the Power of the whole in the Civil and Military Administration of the Government and yet whatsoever is acted or acquired under his Authority as King of England must doubtless be esteemed to be for the Account of the Nation and not in any Propriety peculiar to himself To talk then As if the Parliament had nothing to do in this Transaction and that King Henry the Second acted in it as if he were resolv'd that no other Person or Persons should be the Founders of the Government of Ireland but himself is Language not becoming an Englishman and I wonder that this Author could have so little Sense of what he was about when he said this for in the very next Paragraph but one he gives us an Instance which shews beyond all Contradiction that King Henry himself had no such Opinion of his own Seperate Authority And now he comes to the Matter and tells us that King Henry about the 23d ●ear of his Reign and five Years after his Return from Ireland creates his Younger Son John King of Ireland at a Parliament held at Oxford and that by this Donation Ireland was most eminently set apart again as a seperate 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 after the Death of his Brother Richard the First which was about 22 years after his being made King of Ireland during which time and whilst his Father and Brother were successively reigning in England he made divers Grants and Charters to his Subjects of Ireland wherein he stiles himself Dominus Hiberniae and in some Dominus Hiberniae Comes Meritoniae by which Charters both the City of Dublin and divers other Corporations enjoy many Privileges and Franchises to this day We know that di●ers of our Kings have at several Times granted out Parcels of their Dominions to their Sons or Subjects and endowed them with many Royal Privileges yet always as Feudatories of the Empire after the same manner so much anciently practised in most Kingdoms of Europe such have been in England the Principality of Wales the Counties Palatine of Chester Lancaster and Durham and what was much less considerable than these the Isle of Man was given with the Title of King in Man which was more than King Iohn had which continues in the Earls of Darby at this day In like manner also have Proprietoryships been granted to the Settlers of Colonies in America in our time and such and no other was this Grant of King Henry the Second to his Son Iohn but what is very remarkable in this Case is that this Grant was made in Parliament Did ever Man so expose himself in Print what he hath been endeavouring to prove is that the Irish were never so conquered by Henry the Second as to give the Parliament of England any Jurisdiction over them and yet here he tells us that this same King Henry created his Son Iohn King of Ireland in a Parliament at Oxford which to word it in the Stile of this time is to say that about the twenty third Year of Henry the 2d an Act of Parliament was made at Oxford by which Iohn the younger Son of the said King was Created King of Ireland Is it possible to think upon a greater Instance in which the Authority of a Parliament over a People can be exerted than this of creating a King to rule them and that without ever asking their Consent and is it not plain from this that King Henry himself did never esteem the Submission of the Irish to have been made to him in respect of his Person according to this Author 's New Doctrine but in respect of the Kingdom which he govern'd otherwise why did he not make a King of Ireland by his own Authority rather than thus eclipse his Power and Right if he had it by submitting it to be
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 Cons●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 alien●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 ●sser●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
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 ag●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 Cust●●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
Authority and is given to the King not as his own separate Propriety but as an Ensign of the Authority which he enjoys as Head of the Kigdom if any Body should steal this Material Crown and break it to pieces as Bloud did the Supream Authority of the King and Kingdom remains entire and inviolated This Supream Authority always resides in the Legislature which in our Constitution is inseparably vested in the King Lords and Commons there can be no annexing to the Imperial Crown of England distinct from the Supream Imperial Authority of the Kingdom if any Territory shall be annext to this Imperial Crown it must become a Member of the Empire otherwise 't is no annexing and because there can be but one Supream Legislature every Member or part of the Empire must be in some Subordination to that Supream Legislature whatsoever other Jurisdiction it may retain as necessary to its own particular Regulations within it self otherwise it can be no Member but must remain a perfect Body of it self I think these are Positions that won't easily be disprov'd and we have a compleat Instance of them in the Kingdoms of Scotland and Ireland as they stand related to England Scotland is an ancient distinct and saving the old Pretensions of England upon them independent Kingdom hath an Imperial Crown of its own worn by a long Succession of Kings whose Posterity came to inherit the Kingdom of England and remove their Seat hither yet 't was not in their Power to annex the Kingdoms without their Joint Consent so that they remain an intire Sovereign Kingdom govern'd according to their own Constitution without any Subordination to England to this day and therefore in the late Happy Revolution when King William and Queen Mary had obtain'd the intire possession of the Crown of England they did not pretend to that of Scotland 'till the States of that Kingdom had conferr'd it upon them by a free Election On the contrary Ireland whatever it was anciently was no intire Kingdom when the English first took Possession of it but divided into many Jurisdictions under Petty Princes it had never any Diadem or Ensign of Royalty that ever I could hear of it was entirely subdued and brought under the English Government by Conquest as all Authors except Mr. Molyneux agree it was brought into the form of a Kingdom and afterwards had that Title conferr'd upon it and was endow'd with Laws and a Constitution of Government by the Authority of England who from the Beginning reserv'd and exercis'd a Superiority over them and Mr. Molyneux being quite mistaken in the Grant made to King Iohn it was never separated from being a Member of the Empire of England but even as Mr. Molyneux confesses remains annext to it to this day The Supream Legislature of England then in being presented the Title of it to King William and Queen Mary at the same time with that of England without asking the leave of the People of Ireland in like manner they have proclaim'd all the English Kings with that Title at their first Accession and have as he owns concluded Ireland in all Acts of Recognition What if the Parliaments of Ireland have also recogniz'd 't was but to own their Allegiance our Kings were as effectually vested in the Dominion over Ireland before by the Authority of England and double doing in such a Case can be no harm neither can this be any Argument to prove Their having all Iurisdiction to an Absolute Kingdom belonging or that they are not subordinate to any Legislative Authority on Earth Now he tells us As the Civil State of Ireland is thus absolute within it self likewise so is the Ecclesiastical and just so it is but that is without any absoluteness in either The multitude of the Native Irish and the Old English were doubtless very averse to the Establishment of the Reformed Religion because they have continued Rom●n Catholicks ever since and yet this Reformation was begun there by no other Authority than an Order of the King and Council in England to the Lord Deputy to Cause the Scriptures and the Common Prayers to be us'd there in the English Tongue from whence 't is evident that they did not then think their own Ecclesiastical Jurisdiction so absolute as that they could oppose it to the Authority of England He quotes a Record out of Reyley That Edward the Second upon a Motion of his Parliament at Westminster had sent his Letters Patents to the Lord Iustice of Ireland that he should Order that the Irish might enjoy the Laws of England concerning Life and Member From whence he infers That the Parliament did not then think that they had Iurisdiction in Ireland otherwise they would have made a Law themselves to this effect Can this be any more than an Instance of what I have all along said that our Parliaments have always been willing to leave the Peop●e of Ireland as much as possible to the Exercise of their own Form of Government in Matters relating to themselves and not to interpose their own Supream Authority but upon Extraordinary Occasions wherein the Welfare of the whole was concerned But can it be any Argument that they thought they had no such Authority because they did not think ●it on this Occasion to use it Mr. Molyneux finds that the lying of a Writ of Error from the King's Bench in England on a Judgment given in the King's Bench in Ireland lyes heavy upon him and therefore he labours mightily and turns it every way to get rid on 't first he says 't is The Opinion of several Learned in the Laws of Ireland that this is founded on an Act of Parliament in Ireland which is lost How Learned soever this Opinion may be I am sure 't is not very Judiciously offer'd here for no Body will believe that the Legislature of a Kingdom that thought it self absolute could do so foolish a thing as to make a Law themselves that should put them under the Administration of another Kingdom in so high a point as the Controuling all their Judicatures and therefore if ever they made such an Act of Parliament 't is not to be doubted but that at that time they were very sensible that whatsoever Authority they had among themselves was all deriv'd from and in perpetual Subordination to the Supream Authority of England Indeed he comes and says after That this Suit is made to the King only the matter lies altogether before him and the Party complaining applyes to no part of the Political Government of England for Redress but to the King of Ireland only who is in England That the King only is sued to the Law books make plain c. for above two Pages Fine very fine spun are these Arguments but withal so extream ●light that they won't hang together If the King was ever us'd to ●it there in Person was there not always four English Judges constituted in that Court whom
the King in those days could not remove at pleasure who had Authority to judge whether the King were present or absent Or does he think that when an Irish Appeal came before them these Judges could not meddle in it or if they did whilst the King was present they were all on a Suddain swallowed up or consubstantiated into the King or if they acted in his absence an Irish Cause would immediately transubstantiate them all four into the real presence of one King of Ireland in his proper Person But if this should be too gross to put upon Mr. Molyneux we must e'en resolve it t'other way and conclude that he thinks the Judges and Courts of Judicature are no part of the Political Government of England He hath abundance of other pretty Conceits how and which way this Business of the Writ of Error might come about and in what sense it may be thought to operate but I 'll leave him in the quiet and peaceable Enjoyment of them because I think it not worth while to trouble my self or the Reader more about them ● We may be sure he would not hav● us to Conclude That if the King's B●nch in Ireland ●e subordinate to the King's Bench in England that therefore it must follow that the Parliament of Irela●d is subordinate to that of England and though as he sees we have a very good Argument for that a fort●ort yet what I have said before may satisfie him that we have other Demonstrations enough to assure us in the constant Subordination of that Kingdom to this besides the lying of this Writ of Error which the very Reason of the thing maugre all his Endeavours to shift it will evince that this preheminence must infallibly have been preserv'd to England from the first annexing of Ireland for after they were become obliged to be rul'd and govern'd by our Laws whether should they resort to have them explain'd but to that Authority that gave them I cann't omit observing how very pertinently He concludes this his Fifth Article with a Memorable Passage out of their Irish Statutes And that is the Act of Faculties made in ●●●land the 28th Hen. 8. reciting a former Act in the Praeamble of which 't is declar'd That this your Graces Realm Recognizing no Superiour but your Grace hath been and yet is free from any Sub●ection to any Man's 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. Now this very Declaration with the other Clauses of the said English Act is Verbatim recited in the Irish Act of Faculties Behold the mighty force of this Argument The People of England did in an Act of Parliament make a Declaration of their ancient undoubted Rights and Liberties proper and peculiar to their own Constitution The Parliament of Ireland pass the same Act there and take upon them to ape the very Words of this Declaration in their Act though the same could not be proper or rightly applicable to the Circumstances of their Constitution for the Laws given them at first from England were never devised within that Realm therefore the People of Ireland cannot be under any Subordination of the Parliament of England And now he 's come to the 6th and last Article viz. The Reasons and Arguments that may be further offered on one side and t'other in this Debate And here Mr. Molyneux opens a very diverting Scene but fitter for Ridicule and Disdain than Argument He tells us There remains another pretence or two for this Subordination to be considered and one is founded on Purchase 'T is said that vast Quantities of Treasure has been spent by England from time to time for reducing Ireland which has given them a just Title at least to the Lands of the Rebels and to the Absolute Disposal thereof in their Parliament according to the Examples in Forty One and the late Rebellion in this Reign I am sorry that he has so little sense of the great Benefit which the Protestants of Ireland have receiv'd by the interposing of the English Power in their Favour 'T is not to be disputed that the late King Iames had all the Haereditary Right that was entail'd upon their Independent as he terms him King Iohn and although he had Abdicated the Crown of England yet by this Gentleman's Notions he had still an undoubted Title to the Kingdom of Ireland which he came to possess by the assistance of a very considerable Power from France and if Mr. Molyneux's Doctrine be sound could any body then blame the Irish and Old English of his own Religion to join with him in the asserting his ancient Right to that Kingdom For my own part I must own that I know no other Reason that can justifie us in our engaging in that War for the Recovery of Ireland than the Old English Principle that Ireland was our own as an inseparable Member of the English Empire and I am sure all the English Protestants of Ireland were then glad to have us assert that Right or else their fair Estates in that Country must have left the greatest part of them to go a Begging at this day unless perhaps they could have reconcil'd themselves by turning Papists it being well known that they were so far from valuing themselves upon their own Strength that excepting that Gallant and Resolute Resistance made by the People of the North at London-Derry and Inniskilling they gave up all and generally meaning the People of Note fled to England though many are of the Opinion that they might have done more for themselves than they did if they had staid Thus were their Estates lost to them beyond hopes of Recovery but by the strength of England Indeed when we had sent over an Army some of them went back again and together with those that remain'd in Ireland did expose themselves and acted a fair part in the War yet all they were able to do was so inconsiderable in regard of the whole Management of the War that I believe it won't be pretended that we were made Masters of Ireland one day the sooner for their help The vast Charge of an Army A●ms Artillery Ammunition Provision Shipping c. all this have we born and paid for by raising Taxes upon our own Estates when we knew they were not able to Contribute any thing themselves and after all this what of a Man can have the Impudence to dispute with us whether we have any Right to the forfeited Estates in Ireland If the Kingdom of England hath no just Jurisdiction over Ireland I will affirm that the Irish were in no Rebellion but were in the Exercise of the Natural Allegiance and in the Discharge of that Duty which
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-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 them●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 institu●ed the best Policies and most suitable to their Circumstances generally became the most power●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