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A26170 The history and reasons of the dependency of Ireland upon the imperial crown of the kingdom of England rectifying Mr. Molineux's state of The case of Ireland's being bound by acts of Parliament in England. Atwood, William, d. 1705? 1698 (1698) Wing A4172; ESTC R35293 90,551 225

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himself Ego Ethelred Rex Anglorum aliarumque gentium in circuitu persistentium I Ethelred King of the English and other Nations living round about And the same stile he uses in the Year 1001. tho as appears above in another Charter of the same Year he stiles himself only King of the whole Island And in another at the beginning of his Reign only King of the English W. I. generally stiles himself no more than King of the English or King of the English and Duke of Normandy Yet as one of his Charters has it he was the most powerful of all the Kings of that time ruling the greatest Empire of England That other Nations were then held to be Dependencies upon the Kingdom of England appears by a Charter of his in the 15 th of his Reign which begins Ego Gulielmus Deo disponente rex Anglorum caeterarumque gentium circumquaque persistentium Rector Dux Normannorū I William by God's Disposal King of the English and Ruler of the rest of the Nations round about and Duke of Normandy After his time his Successors till H. 2. left the Dependencies of England out of their Stile adding only other Dominions which they had as distinct and independent Thus H. 1. to mention no other stiles himself King of the English and Duke of Normandy but before the death of his Brother Robert only King of the English Not here to bring other Evidences of the continuance of the Superiority over Ireland to turn Mr. Molineux his Argument upon him if I shew the Church of Ireland to have been then dependent upon or under the Church of England he must not deny but the State was too Archbishop Parker who must be allowed to have seen and understood the Evidences of the Rights of the See of Canterbury and is agreed to be a faithful Collector speaking of the time of H. 1. shews that upon the vacancy of the Bishoprick of Waterford Murchertach King of Ireland with the Bishops all the Nobility and the Clergy and People of the Island sent to Anselm Archbishop of Canterbury desiring Quatenus ipse primatûs quem super eos gerebat potestate quâ fungebatur Apostolicâ fretus Authoritate sanctae Christianitati ac necessariae plebium utilitati eis subveniret That by the Power of the Supremacy which he had over them and the Apostolical Authority which he enjoyed he would be aiding to holy Christianity and the necessities of the people At their request he upon the death of the Bishop of Dublin consecrated one Malchus whose Bishoprick Pope Eugenius raised into an Arbishoprick But notwithstanding the Popes Eugenius and Adrian had constituted Archbishops there yet they all acknowledged the Supremacy of the See of Canterbury in all things And after Archbishop Parker had enumerated 33 Bishopricks in Ireland he adds Hi omnes 33 Episcopatus usitato antiquissimo regni jure ac instituto Cantuar sedi ut Metropoli parent All these 33 Bishopricks by the accustomed and most antient Right and Constitution of the Kingdom obey the See of Canterbury as the Metropolis If it were doubtful whether he meant that this Right was by the antient Constitution of the Kingdom of England the former Authorities make it evident that it was However I shall confirm them with two more Gervace of Canterbury who lived in the time of H. 2. speaking of Lawrence Archbishop of Canterbury who succeeded the reputed English Apostle Austin says He not only took care of the new Church gathered out of the English but of the old British Inhabitants and also took care of his pastoral Charge over the Scots who inhabit Ireland an Island very near Britain Bromton an Author who is cited by Mr. Molineux mentioning the Dispute about Superiority in the Great Council or Parliament at Winchester in the beginning of the Reign of W. 1. between Lanfranc Archbishop of Canterbury and the then Archbishop of York says Ubi Historia Bedae perlectâ monstratum est à tempore primi Augustini usque ad ultima Bedae tempora quod circiter centum quadraginta annos erat Cantuar. Arch. primatum super totam Britannicae Insulam Hiberniae gessisse Where the History of Bede having been read 't was shewn that from Austin's first coming to the end of Bede which was about 140 years the Archbishop of Cantorbury held the Primacy over the whole Island of Britain and of Ireland Thus I think 't is past dispute that a superiority of Government both in Church and State was vested with the English and by consequence in the Crown of England as the Head from the 6 th of King Edgar at the latest to the year 1151. when the Jurisdiction of Anselm Archbishop of Canterbury was submitted to by the Irish as the antient and undoubted Right of that See Nor can it be imagined without some account of the Circumstances that the Superiority and Authority of England should have been lost in less than 22 years when Mr. M. supposes the Pretensions of England to have had their first ground He will have H. 2. his landing in Ireland to have been occasioned only by a fortunate Expedition thither by some of his Subjects a little before in assistance of some of the Princes or Kings of Ireland who had been oppress'd by a too powerful Neighbour and would insinuate as if the Deliverers were only entituled to be paid for the assistance which they gave and he is so bountiful as to allow that England ought to be repaid all their Expences in suppressing the late Rebellion But as England has supprest that Rebellion against the English Crown it appears by what has been above cited that the disputes between the Kings of Ireland only gave H. 2. opportunity and encouragement to assert the Authority of the English Nation and to restore to the Crown the possession of the City of Dublin and so much of the English Pale as could then be gained with such addition as they could make in a just War to secure those Bounds which had been invaded and usurped upon by a barbarous Enemy In this H. 2. was not to be blamed for that Ambition which has carried Princes to make Conquests since his Expedition was no more than he was obliged to as King of England For as the Confessor's Law has it Debet vero de jure Rex omnes terras honores omnes dignitates jura libertates coronae regni hujus in integrum cum omni integritate sine diminutione observare defendere dispersa dilapidata omissa regni jura in pristinum statum debitum viribus omnibus revocare But the King ought of right to keep and defend all the Lands and Honours all Dignities Rights and Liberties of the Crown of this Kingdom with all integrity and without diminution with all his might to bring back
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
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
17th of his Reign and not of E. 1. for which I shall refer not only to what I before observed which may give reasonable satisfaction that no such Ordinance could have been made in the 17th of E. 1. but to the Statute-Rolls where this is entered among the Statutes of the time of E. 2. next above the Statutes of the time of E. 3. For maintaining the Jurisdiction of England that Statute of Nottingham ordains That no Pardon for Felony be granted by the Justice of Ireland nor Seal'd with the King's Seal there without special Command of the King under some one of his Seals of England 1. It being so manifest from undoubted Records that the Parliaments of England to the 17 th of E. 2. exercised an Authority in making Laws to bind Ireland and that there was a plain and known Method for publishing those Laws in Ireland by virtue of the Great Seal of England I hope it will be allowed that the Authority of Sir Richard Bolton's Marginal Note in an Edition of the Irish Statutes is not enough to induce Men to believe that in the 13 th of E. 2. the Statute of Merton 20 th H. 3. and some other Statutes made in England were confirmed in Ireland as being of no force there till then And that no other Statutes made in England were of force in Ireland till confirm'd there Can any Man think that no part of the Statute of Merton was received for Law in Ireland till the 13 th of E. 2. particularly will even Mr. M. believe that notwithstanding the Record 21. H. 3. of Transmission of so much at least of the Statute of Merton as relates to the Limitation of Writs yet till the 13 th of E. 2. the descent in a Writ of Right was to be lay'd from an Ancestor of the time of H. 1. which is 200 Years within One Or does he think that the Justice of Ireland for the time being would not have been turn'd out if not impeached had he not caused the Statutes of West 1. and 2. and the Statutes of Gloucester to have been Proclaimed and Observed in Ireland after they had been delivered to his Clerk in the Parliament at Winchester and yet if there be any thing in Mr. M s Quotation from Sir Richard Bolton these were not received for Laws in Ireland till 13. E. 2. But since 't is manifest that those and the other Statutes afterwards sent over in the time of E. 1. and E. 2. must needs have been put in Execution there if there were any such Act of Parliament 13. E. 2. as Mr. M. takes for granted upon no Authority in comparison with the Records which I have cited as to so much of any Acts of Parliament made here as was not transmitted in the form above shewn the Enacting them in in Ireland might be the first Publication there But as to what was contained in the Patent or Charter sent thither it could be no more than a Declaratory Law or rather Republication Sometimes there might have been a special form of Transmission which as one means of publishing the Laws might require their Parliament to meet to hear Laws read to them which would bind them whether they consented or no or by Writ from hence a Law or Charter pass'd there might be so republished Thus 't was beyond Contradiction 12. H. 3. when a Charter of King John's Sworn to by the Irish was either sent back or republished after it had lain there Rex dilecto fideli suo Ric. de Burgo Justic suo Mandamus vobis ●irmiter praecipientes quatenus certo die loco faciatis venire coram vobis Arch. Ep. Ab. Pr. Com. Bar. Mil. libere tenentes Ballivos singulor Comitat coram eis publice legi faciatis cartam Dni J. Regis Patris nri cui Sigillum sum appensum est quam fieri fecit jurari à Magnatibus Hib. de legibus consuetud Anglicis observandis praecipiatis exparte nostrâ quod leges illas consuetudines in carta praed contentas de caetero firmiter tenennt Et hoc idem per singulos Comitatus Hib. clamari faciatis teneri Prohibentes firmiter exparte nostrâ super forisfactur nostram ne quis contra hoc Mandatum venire presumat The King to his Beloved and Faithful Subject Richard de Burgh his Justice of Ireland we command you firmly requiring that at a certain day and place you cause to come before you the Arch-Bishops Bishops Abbots Priors Earls Barons Knights Freeholders and the Bailiffs of every County and before them cause publickly to be read the Charter of King John our Father to which his Seal is affixed which he caused to be made and sworn by the great Men of Ireland concerning the observing in Ireland the Laws and Customs of England And command them from us that they for the future firmly keep and observe the Laws and Customs in the said Charter contained And cause this same to be Proclaimed thro' every County of Ireland firmly Prohibiting in our Name and under our Forfeiture that no person presume to the contrary of this our Command All must agree that this Publication in so formal a Parliament and after that in the several Counties was not necessary to give Sanction to that Charter for that it had before And could be no more than a reminding them of their Duty or a more solemn Publication of the Law But that being a Law made here was held sufficient to make it a Law to the English in Ireland and that being transmitted thither under the Great Seal of England it became a Rule to the Judges there even in matters happening before the transmission appears by the following Precedents A Man having been redisseis'd after the Statute of Merton 20. H. 3. which had made a Redisseisour lyable to Imprisonment A Party who had been so injured applies to the King for Remedy and as the Writ to the Justice of Ireland has it Ideo vobis mittimus sub sigillo nostro constitutionem nuper factam coram nobis Magnatibus nostris Angliae de praedicto casu similiter de aliis arti●ulis ad emendationem rni nri Mandantes quat de consilio venererab Pat. L. Dublin Arch. constitutionem illam in Curiâ nostra Hib. legi de caetero firmiter observari faciatis secund eandem praed querenti plene justitiam exhiberi faciatis Therefore we send you under our Seal the Constitution lately made before us and our great Men of England concerning that Case and other Articles for the Amendment of this our Kingdom commanding That with the Counsel of the venerable father L. Arch-Bishop of Dublin you cause that Constitution to be read in our Court of Ireland and for the future to be firmly observed and that you fully dojustice to the Complainant according to the same In the Sense in which the Parliament
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 sub●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 pu●lick good of that Kingdom the rightful Possession of which ca●●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 who●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