26 Hen. 8. c. 3. and the Act of Faculties 25 Hen. 8. c. 21. though each of them by express words comprize All his Majesties Subjects and Dominions were not receiv'd as Laws in Ireland till the former was Enacted there 28 H. 8. c. 4. and the latter the 28 Hen. 8. c. 19. and so the Stature Restoring to the Crown all Jurisdiction Ecclesiastical made in England Anno 1 Eliz. c. 1. and therein giving Power to Erect an Ecclesiastical High-Commission-Court in England and Ireland yet was not of Force in Ireland till Enacted there Anno 2 Eliz. c. 1. And tho the said English Act in relation to Erecting such an High-Commission Court was Repeal'd 17 Car. 1. c. 11 and the Repeal confirm'd the 13 Car. 2. c. 12 And the late Bill of Rights 1 W. and M. Ses. 2. c. 2. in England has damn'd all such Courts Yet the Act in Ireland 2 Eliz. c. 1. remains still in force here and so it was lately declar'd here by the Lord High-Chancellour Porter Lord Chief Justice Reynel Lord Chief Baron Hely Mr. Justice Cox Mr. Justice Ieffreyson in the Case of Dr. Thomas Hacket late Bishop of Down who was depriv'd of the said Bishoprick by such a Commission for great Enormities the Commissioners being Dr. Dopping late Bishop of Meath Dr. King the present Bishop of London-Derry and Dr. Wiseman late Bishop of Dromore And truly I see no more Reason for Binding Ireland by the English Laws under the General Words of all his Majesties Dominions or Subjects than there is for Binding Scotland by the same for Scotland is as much his Dominion and Scots-men as much his Subjects as Ireland and Irish-men If it be said That Scotland is an Antient Separate and Distinct Kingdom from England I say So is Ireland The Difference is Scotland continued separate from the Kings of England till of late years and Ireland continued separate from England but a very little while in the Person of King Iohn before the Death of his Father and of his Brother Richard the First without issue But then 't is to be considered that there was a Possibility or even a Probability that Ireland might have continued separate from the Crown of England even to this very day if Richard the First had left behind him a Numerous Progeny Secondly As to such English Statutes as particularly Name Ireland and are therefore said to be of Force in this Kingdom tho' never Enacted here I shall consider only the more Antient Precedents that are offered in Confirmation of this Doctrine For as to those of later Date 't is these we complain of as bearing hard on the Liberties of this Country and the Rights of our Parliaments and therefore these ought not to be produced as Arguments against us I presume if I can shew that the Antient Precedents that are produced do not conclude against us it will follow that the Modern Instances given ought not to conclude against us that is to say plainly These ought not to have been made as they are as wanting Foundation both from Authority and Reason The Antient Precedents of English Statutes particularly Naming Ireland and said to be made in England with a Design of Binding Ireland are chiefly these three 1. Statutum Hiberniae 14 H. 3. 2. Ordinatio pro Statu Hiberniae 17 Edw. 1. 3. And the Act that all Staple Commodities passing out of England or Ireland shall be carried to Callis as long as the Staple is at Callis 2 Hen. 6. c. 4. on which Hussey delivered his Opinion as we shall see more fully hereafter These Statutes especially the two first being made for Ireland as their Titles import have given occasion to think that the Parliament of England have a Right to make Laws for Ireland without the Consent of their Chosen Representatives But if we Enquire farther into this matter we shall find this Conclusion not fairly Deduced First The Statutum Hiberniae 14 Hen. 3. as 't is to be found in the Collection of English Statutes is plainly thus The Judges in Ireland conceiving a Doubt concerning Inheritances devolved to Sisters or Coheirs viz. Whether the younger Sisters ought to hold of the Eldest Sister and do Homage unto her for their Portions or of the Chief Lord and do Homage unto him therefore Girald Fitz Maurice the then Lord Justice of Ireland dispatcht four Knights to the King in England to bring a Certificate from thence of the Practice there used and what was the Common-Law of England in that Case Whereupon Hen. 3. in this his Certificate or Rescript which is called Statutum Hiberniae meerly informs the Justice what the Law and Custom was in England viz. That the Sisters ought to hold of the Chief Lord and not of the Eldest Sister And the close of it commands that the foresaid Customs that be used within our Realm of England in this Case be Proclaimed throughout our Dominion of Ireland and be there observ'd Teste meipso apud Westminst 9. Feb. An. Reg. 14. From whence 't is manifest that this Statutum Hiberniae was no more than a Certificate of what the common Law of England was in that Case which Ireland by the Original Compact was to be governed by And shews no more that therefore the Parliament of England may bind Ireland than it would have proved that the Common Wealth of Rome was subject to Greece if after Rome had received the Law of the Twelve Tables they had sent to Greece to know what the Law was in some Special Case The Statute call'd Ordinatio pro Statu Hiberniae made at Notingham the 17th of Edward the First and to be found in Pultons Collection pag. 76. Edit Lond. 1670. was certainly never Received or of Force in Ireland This is Manifest from the very first Article of that Ordnance which Prohibits the Iustice of Ireland or others the Kings Officers there to Purchase Land in that Kingdom or within their respective Balliwicks without the Kings Licence on pain of Forfeitures But that this has ever been Otherwise and that the Lords Justices and other Officers here have Purchas'd Lands in Ireland at their own Will and Pleasure needs no Proof to those who have the least knowledge of this Country Nor does it appear by any Inquisition Office or other Record that any one ever Forfeited on that Account Moreover this Ordinatio pro Statu Hiberniae is really in it self No Act of Parliament but meerly an Ordinance of the King and his Privy Council in England which appears as well from the Preamble to the said Ordinance as from this Observation likewise That King Edward the First held no Parliament in the 17th year of his Reign Or if this were a Parliament this Ordinatio pro Statu Hiberniae is the only Act thereof that is Extant But 't is very improbable that only this single Ordinance should Appear if any such Parliament were call'd together Thirdly As to the Staple-Act 2
by Advice of all his Faithful Counsellors in England to gratify the Irish says Pryn for their eminent Loyalty to his Father and Him he granted them out of his Special Grace that they and their Heirs for ever should enjoy the Liberties granted by his Father and Himself to the Realm of England which he Reduced into Writing and sent Seal'd thither under the Seal of the Popes Legat and W. Earl Marshal his Governour because he had then no Seal of his own This as I conceive Refers to the foremention'd Magna Charta Hiberniae The Record as Recited by Mr. Pryn here follows Rex Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Militibus Libere Tenentibus omnibus Fidelibus suis per Hiberniam Constitutis Salutem Fidelitatem vestram in Domino Commendantes quam Domino Patri nostro semper Exhibuistis nobis estis diebus nostris Exhibituri Volumus quod in signum Fidelitatis vestrae tam praeclarae tam Insignis Libertatibus Regno nostro Angliae a Patre nostro nobis Concessis de gratia nostra Dono in Regno nostro Hiberniae guadeatis vos vestri Haeredes in perpetuum Quas Distincte in Scriptum Reductas de Communi Consilio omnium Fidelium nostrorum vobis Mittimus Signatas Sigillis Domini nostri G. Apostolicae Sedis Legati Fidelis nostri Com. W. Maresc Rectoris nostri Regni nostri quia Sigillum nondum habuimus easdem processu temporis de Majori Consilio proprio Sigillo Signaturi Teste apud Glouc. 6 Februar Here we have a free Grant of all the Liberties of England to the People of Ireland But we know the Liberties of Englishmen are Founded on that Universal Law of Nature that ought to prevail throughout the whole World of being Govern'd only by such Laws to which they give their own Consent by their Representatives in Parliament And here before I proceed farther I shall take Notice That in the late Raised Controversie Whether the House of Commons were an Essential part of Parliament before the 49th year of Henry the Third The Learned Mr. Petyt Keeper of the Records in the Tower in his Book on that Subject pag. 71. Deduces his 9th Argument From the Comparison of the Antient Generale Concilium or Parliament of Ireland instanced An. 38 Hen. III. with the Parliament in England wherein the Citizens and Burgesses were which was Eleven years before the pretended beginning of the Commons in England For thus we find it in that Author As great a Right and Privilege surely was and ought to be allow'd to the English Subjects as to the Irish before the 49th of Hen. III. And if that be admitted and that their the Irish Commune Concilium or Parliament had its Platform from ours the English as I think will not be Deny'd by any that have consider'd the History and Records touching that Land Ireland we shall find the ensuing Records Ann. 38 Hen. III. clearly evince that the Citizens and Burgesses were then a part of their the Irish Great Council or Parliament That King being in partibus Transmarinis and the Queen being left Regent she sends Writs or a Letter in the Kings Name directed Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Militibus Liberis Hominibus Civibus Burgensibus Terrae suae Hiberniae telling them that Mittimus Fratrem Nicholaum de Sancto Neoto Fratrem Hospitii Sancti Iohannis Ierusalem in Anglia ad partes Hiberniae ad exponendum vobis together with I. Fitz-Geoffery the Kings Justice the State of his Land of Vascony endanger'd by the Hostile Invasion of the King of Castile qui nullo Iure sed potentia sua Confisus Terram nostram Vasconiae per ipsius Fortitudinem a manibus nostris Auferre a Dominio Regni Angliae segregare Proponit And therefore universitatem Vestram Quanta possumus Affectione Rogantes quatenus noâ—… jura nostra totaliter indefensâ—… non deserentes nobis in tanto periculo quantumcunque poteritis dâ—… Gente Pecunia subveniatis which would turn to their Everlasting Honour concluding His nostris Augustiis taliter Compâ—…tientes quod nos Heraedes nostri vobis Haeredibus vestris sumus non immerito Obligati Teste Regina R. Comite Cornubiae apud Windesor 17 die Februar Per Reginam Thus far Mr. Petyt Here we have a Letter from the Queen Regent to the Parliament in Ireland in an humble manner beseeching them for an Aid of Men and Money against the King of Castiles Hostile Invasion of Gascony from whence we may perceive that in those days no more than at present Men and Money could not be Rais'd but by Consent of Parliament I have been the more particular in Transcribing this Passage out of Mr. Petyt to shew that we have as Antient and Express an Authority for our present Constitution of Parliaments in Ireland as can be shewn in England And I believe it will not be thought Adviseable in these latter Days to break in upon Old Settled Constitutions No one knows how fatal the Consequents of that may be To return therefore where we Digress'd Henry the Third about the Twelfth year of his Reign did specially Impower Richard de Burgh then Iustice of Ireland at a certain day and place to summon all the Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and Sheriffs of each County and before them to cause to be Read the Charter of his Father King Iohn whereunto his Seal was Appendant whereby he had granted unto them the Laws and Customs of England and unto which they swore Obedience And that he should cause the same Laws to be observed and Proclaimed in the several Counties of Ireland that so none presume to do contrary to the Kings Command The Record I have taken out of Mr. a Pryn in these words Rex Dilecto Fideli suo Richardo de Burgo Justie ' suo Hibern Salutem Mandamus vobis firmiter praecipientes quatenus certo die Loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Comites Barones Milites libere Tenentes Ballivos singulorum Comitatum coram eis Publice legi faciatis Chartam Domini J. Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit jurari a Magnatibus Hibern de Legibus Consuetudinis Angliae Observandis in Hibernia Et praecipiatis eis ex parte nostra quod Leges illas Consuctudines in Charta praedicta contentas de caetero firmiter teneant observent hoc idem per singulos Commitatus Hiberniae clamari faciatis teneri prohibentes firmiter ex parte nostra super foris facturam nostram nequis contra hoc Mandatum nostrum venire praesumat c. Teste Me ipso Apud Westm ' 8 die Maii An. Reg. nostri 12. By what foregoes I presume it plainly appears that by three several Establishments
by consulting the Statute Books And in the First year of William and Mary Ses. 2. c. 9. an Act passed in England declaring all Attainders and other Acts made in the late pretended Parliament under King James at Dublin void But was not Enacted here in Ireland till the 7th year of K. William c. 3. And this was thought requisite to be done upon mature consideration thereon before the King and Council of England notwithstanding that the English Act does particularly name Ireland and was wholly design'd for and relates thereto The like may we find in several other Statutes of England passed since his present Majesties Accession to the Throne which have afterwards been passed here in Ireland with such Alterations as make them practicable and agreeable to this Kingdom Such as are amongst others the Act for Disarming Papists The Act of Recognition The Act for taking away Clergie from some Offenders The Act for taking Special Bail in the Country c. The Act against Clandestine Mortgages The Act against Cursing and Swearing These with many more are to to be found in our Statute Books in the several Reigns of Henry the 8th Edward the 6th Queen Elizabeth King Iames King Charles the 1st and 2d and King William But it is not to be found in any Records in Ireland that ever any Act of Parliament introductive of a new Law made in England since the time of King Iohn was by the judgment of any Court received for Law or put in Execution in the Realm of Ireland before the same was Confirmed and Assented to by Parliament in Ireland And thus I presume we have pretty clearly made out our Fourth Enquiry forementioned and shewn plainly the several steps by which the English form of Government and the English Statute Laws were received in this Kingdom and that this was wholly by the Peoples consent in Parliament to which we have had a very antient Right and as full a Right as our next Neighbours can pretend to or challenge I shall now consider the Objections and Difficulties that are moved on this Head drawn from Precedents and Passages in our Law-Books that may seem to prove the contrary First 't is urg'd That in the Irish Act concerning Rape passed anno 8 Edward 4 c. 1. 't is expressed That a Doubt was conceiv'd whether the English Statute of the 6th of Richard the 2d c. 6. ought to be of force in Ireland without a Confirmation thereof in the Parliament of Ireland Which shews as some alledg that even in those days it was held by some That an Act of of Parliament in England might bind Ireland before it be consented to in Parliament here But I concieve this Gloss is rais'd meerly for want of Expressing the Reason of the said Doubt in the Irish Statute of the 8th of Edward the 4th c. 1. which we may reasonably judge was this By the Statute of Westminster the 2d c. 34. a Woman that eloped from her Husband and lived with the Adulterer or a Wife that being first Ravish'd did afterwards consent and lived with the Ravisher she should loose her Dower This Statute of Westminster the 2d was made of force in Ireland by an Act passed here the 13th of Edward the 2d as we have seen before pag. 68 69. Afterwards by the English Statute of the 6th of Rich. the 2d c. 6. there was a farther addition made to the said Statute of Westminster the 2d to this effect That a Maiden or Wife being Ravished and afterwards consenting to the Ravishers as well the Ravisher as she that was Ravished shall be disabled to claim all Inheritance or Dower after the death of her Husband or Ancestor On this account the Doubt was here raised in Ireland in the 8th of Edward the 4th c. 1. Whether this latter English Statute of the 6th of Richard the 2d c. 6. were not in force in Ireland by virtue of the Irish Statute of the 13th of Edward the 2d which confirmed the Statute of Westminster the 2d c. 34. And for setling this Doubt the said Statute of the 8th of Edward the 4th c. 1. was passed in Ireland and we find very good reason for the said Doubt For the English Statute of the 6th of Richard the 2d c. 6. contained but a small addition to the Statute of Westminster the 2d c. 34. and we see that even this ad dition it self was judged not to be of force in Ireland till Enacted here For the said Irish Statute of the 8th of Edward the 4th c. 1. makes the said Statute of the 6th of Rich. 2d c. 6. of Force in Ireland only from the 6th of March then last past 'T is urg'd secondly That tho' perhaps such Acts of Parliament in England which do not Name Ireland shall not be construed to Bind Ireland yet all such English Statutes as mention Ireland either by the General Words of all his Majesty's Dominions or by particularly Naming of Ireland are and shall be of Force in this Kingdom This being a Doctrine first broach'd Directly as I conceive by Will. Hussey Lord Chief Justice of the Kings Bench in England in the first year of Henry the Seventh and of late Revived by the Lord Chief Justice Cook and strongly urged and much rely'd upon iâ—… these latter Days I shall take thâ—… Liberty of Enlarging thereon tho I venture thereby to swell this Pamphlet to a size greater than I desire or design'd First therefore As to such English Statutes as seem to comprehend Ireland and to Bind it under the General Words of all his Majesty's Dominions or Subjects whatever has been the Opinion of Private and Particular Lawyers in this Point I am sure the Opinions of the Kings of England and their Privy Council have been otherwise 'T is well known since Poyning's Act in Ireland the 10th of Henry the Seventh no Act can pass in our Parliament here till it be first Assented to by the King and Privy Council of England and Transmitted hither under the Broad Seal of England Now the King and his Privy Council there have been so far from surmising that an Act of Parliament of England mentioning only in General All the Kings Dominions or Subjects should Bind Ireland that they have clearly shewn the contrary by frequently Transmitting to Ireland to be pass'd into Laws here English Statutes wherein the General Words of all the Kings Dominions or Subjects were contain'd which would have been to no purpose but meerly Actum Agere had Ireland been Bound before by those English Statutes Of this I shall give the following Examples amongst many others The Act of Parliament in England against Appeals to Rome 24 Hen. 8. c. 12. by express words extends to all his Majesties Dominions yet the same was not in force nor receiv'd in Ireland till it was Enacted by Parliament there the 28th of Hen. 8. c. 6. In like manner the Statutes made in England concerning First Fruits
Bench of Ireland to the Kings Bench of England But to this I answer 1. That 't is the Opinion of several Learned in the Laws of Ireland That this Removal of a Judgment from the Kings Bench of Ireland by Writ of Error into the Kings Bench of England is founded on an Act of Parliament in Ireland which is lost amongst a great number of other Acts which we want for the space of 130 years at one time and of 120 at another time as we have noted before pag. 65. But it being only a General Tradition that there was such an Act of our Parliament we only offer it as a Surmise the Statute it self does not appear 2. Where a Judgment in Ireland is Removed to be Revers'd in England the Judges in England ought and always do judge according to the Laws and Customs of Ireland and not according to the Laws and Customs of England any otherwise than as these may be of Force in Ireland but if in any thing the two Laws differ the Law of Ireland must prevail and guide their Judgment And therefore in the Case of one Kelly Removed to the Kings Bench in England in the beginning of King Charles the First one Error was assigned that the Praecipe was of Woods and Underwoods which is a manifest Error if brought in England but the Judges finding the Use to be Otherwise in Ireland judged it No Error So in Crook Charles fol. 511. Mulcarry vers Eyres Error was assigned for that the Declaration was of one hundred Acres of Bogg which is a word not known in England but 't was said It was well enough understood in Ireland and so adjudged No Error From whence I conceive 't is manifest that the Jurisdiction of the Kings Bench in England over a Judgment in the Kings Bench of Ireland does not proceed from any Subordination of one Kingdom to the other but from some other Reason which we shall endeavour to make out 3. We have before observed That in the Reign of K. Henry the Third Gerald Fitz-Maurice Lord Justice of Ireland sent four Knights to know what was held for Law in England in the Case of Coparceners The Occasion of which Message as before we have noted out of the Kings Rescript was because the Kings Justice of Ireland was ignorant what the Law was We may reasonably imagine that there were many Messages of this kind for in the Infancy of the English Government it may well be supposed that the Judges in Ireland were not so deeply versed in the Laws of England This occasioned Messages to England Before Judgment given in Ireland to be inform'd of the Law And After Decrees made Persons who thought themselves aggrieved by Erroneous Judgments apply'd themselves to the King in England for Redress Thus it must be that Writs of Error unless they had their Sanction in Parliament became in use Complaints to the King by those that thought themselves injur'd increased and at last grew into Custom and obtain'd the Force of Law Perhaps it may be Objected That if the Judges of the Kings Bench in England ought to Regulate their Judgment by the Customs of Ireland and not of England it will follow that this Original which we assign of Writs of Error to England is not right I Answer That this may be the Primary Original and yet consist well enough with what we have before laid down For tho' the Common Law of England was to be the Common Law of Ireland and Ireland at the beginning of its English Government might frequently send into England to be inform'd about it yet this does not hinder but Ireland in a long Process of Time may have some smaller Customs and Laws of its own gradually but insensibly crept into Practice that may in some measure differ from the Customs and Practice of England and where there is any such the Judges of England must regulate their Sentence accordingly tho' the first Rise of Writs of Error to England may be as we have here suggested In like manner where the Statute-Law of Ireland differs from that of England the Judges of England will regulate their Judgments by the Statute-law of Ireland This is the constant Practice and notoriously known in Westminster-Hall From which it appears that removing a Judgment from the Kings Bench of Ireland to the Kings Bench of England is but an Appeal to the King in his Bench of England for his Sense Judgement or Exposition of the Laws of Ireland But of this more hereafter 4. When a Writ of Error is Returned into the Kings Bench of England Suit is made to the King only The Matter lies altogether before Him and the Party complaining applies 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 our Law-Books make Plain This Court is call'd Curia Domini Regis and Aula Regia because the King used to sit there in Person as Lambard tells us And every Cause brought there is said to be coram Domino Rege even at this very day Cooke 4 Inst. p. 72. Therefore if a Writ be returnable coram nobis ubicunque fuerimus 't is to be Return'd to the Kings Bench. But if it be Returnable coram Iusticiariis nostris apud Westm. 't is to be Return'd into the Common Pleas. This Court as Glavnil and other Antients tells us used to Travel with the King where-ever he went And Fleta in describing this Court says Habet Rex Curiam suam Iusticiarios suos coram quibus non alibi nisi coram semet ipso c. falsa Iudicia Errores revertuntur Corriguntur The King then as Britton says having Supream Jurisdiction in his Realm to judge in all Causes whatsoever therefore it is that Erroneous Iudgments were brought to him out of Ireland But this does not argue that Ireland is therefore Subordinate to England for the People of Ireland are the Subjects of the King to whom they Appeal And 't is not from the Country where the Court is held but from the Presence and Authority of the King to whom the People of Ireland have as good a Title as the People of England that the Praeeminence of the Iurisdiction does flow And I question not but in former times when these Courts were first Erected and when the King Exerted a greater Power in Judicature than he does now and he used to sit in his own Court that if he had Travell'd into Ireland and the Court had follow'd him thither Erroncous Judgments might have been removed from England before him into his Court in Ireland for so certainly it must be since the Court Travell'd with the King From hence it appears that all the Jurisdiction that the Kings Bench in England has over the Kings Bench in Ireland arises only from the Kings Presence in the former And the same may be said of the Chancery in England if it will assume
any Power to Controul the Chancery in Ireland because as Lambard says p. 69 70. The Chancery did follow the King as the Kings Bench did and that as he tells us out of the Lord Chief Justice Scroope the Chancery and the Kings Bench were once but one Place But if this be the ground of the Jurisdiction of the Kings Bench in England over the Kings Bench in Ireland as I am fully perswaded it is the Parliament in England cannot from hence claim any Right of Jurisdiction in Ireland because they claim a Iurisdiction of their own and their Court is not the Kings Court in that proper and strict sence that the Kings Bench is But granting that the Subordination of the Kings Bench in Ireland to the Kings â—…ch in England be rightly concluded from a Writ of Error out of the latter â—…ying on a Judgment in the former I see no Reason from thence to conclude that therefore the Parliament of Ireland is Subordinate to the Parliament in England unless we make any one sort of Subordination or in any one part of Jurisdiction to be a Subordination in all Points and all parts of Jurisdiction The Subjects of Ireland may Appeal to the King in his Bench in England for the Expounding of the Old common and Statute-Law of Ireland will it therefore follow that the Parliament of England shall make New Laws to bind the Subjects in Ireland I see no manner of Consequence in it unless we take Expounding Old Laws or Laws already made in the-Kings Bench and making New Laws in Parliament to be one and the same thing I believe the best Logician in Europe will hardly make a Chain of Syllogisms that from such Premises will regularly induce such a Conclusion To close this Point We find that a Judgment of the Kings Bench in Ireland may be Removed by a Writ of Error to the Parliament in Ireland But the Judgment of the Parliament of Ireland was never question'd in the Parliament of England This Appears from the Prior of Lanthony's Case aforegoing I shall conclude this our Fifth Article with a memorable Passage out of our Irish Statutes which seems to strengthen what we have delivered on the Business of a Writ of Error as well as the chief Doctrine I drive at and that is 28 H. VIII Chap. 19. The Act of Faculties This Statute is a Recital at large of the English Act of the 25 Hen. VIII c. 21. In the Preamble of which English Act 't is Declared That this Your Graces Realm Recognizing no Superiour but Your Grace hath been and yet is free from any Subjection to any Mans Laws but only such as have been Devised within this Realm for the Wealth of the same or to such others as by Sufferance of Your Grace and Your Progenitors the People of the Realm have taken at their Free Liberties by their own Consent and have bound themselves by long Use and Custom to the Observance of c. This Declaration with the other Clauses of the said English Act is verbatim recited in the Irish Act of Faculties and in the said Irish Act it is Enacted That the said English Act and every thing and things therein contained shall be Established Affirmed Taken Obey'd and Accepted within this Land of Ireland as a good and perfect Law and shall be within the said Land of the same Force Effect Quality Condition Strength and Vertue to all Purposes and Intents as it is within the Realm of England if so then the said Clause declares our Right of being bound only by Laws to which we Consent as it does the Right of the People of England And that all Subjects within the said Land of Ireland shall enjoy the Profit and Commodity thereof in like manner as the Kings Subjects of the Realm of England I am now Arrived at our Sixth and Last Article Proposed viz. The Reasons and Arguments that may be be farther Offered on one side and t'other in this Debate I have before taken notice of the Title England pretends over us from Conquest I have likewise enquired into the Precedents on one side and t'other from Acts of Parliament from Records and from Reports of the Learned in the Laws There remains another Pretence or two for this Subordination to be Considered and one is founded on Purchase 'T is said That vast Quantity of Treasure that from time to time has been spent by England in Reducing the Rebellions and carrying on the Wars of Ireland has given them a just Title at least to the Lands and Inheritances of the Rebels and to the absolute Disposal thereof in their Parliament And as particular Examples of this we are told of the great Sums Advanced by England for suppressing the Rebellion of the Irish Papists in 41. and Opposing the late Rebellion since King WILLIAM's Accession to the Throne To this I Answer That in a War there is all Reason imaginable that the Estates of the Unjust Opposers should go to repair the the Damage that is done This I have briefly hinted before But if we consider the Wars of Ireland we shall perceive they do not resemble the common Case of Wars between two Foreign Enemies Ours are rather Rebellions or Intestine Commotions that is The Irish Papists rising against the King and Protestants of Ireland and then 't is plain that if these Latter by the Assistance of their Brethren of England and their Purse do prove Victorious the People of England ought to be fully Repaid But then the manner of their Payment and in what way it shall be Levied ought to be left to the People of Ireland in Parliament Assembled And so it was after the Rebellion of 41. The Adventurers then were at vast Charges and there were several Acts of Parliament in England made for their Re-imbursing by disposing to them the Rebels Lands But after all it was thought Reasonable that the Parliament of Ireland should do this in their own way and therefore the Acts of Settlement and Explanation made all the former English Acts of No Force or at least did very much Alter them in many Particulars as we have Noted before In like manner we allow that England ought to be repaid all their Expences in supressing this late Rebellion All we defire is That in Preservation of our own Rights and Liberties we may do it in our own Methods regularly in our own Parliament And if the Re-imbursement be all that England stands upon what availeth it whether it be done this way or that way so it be done We have an Example of this in Point between England and Holland in the Glorious Revolution under His Present Majesty Holland in Assisting England Expended 600000 Pounds and the English Parliament fairly repay'd them It would have look'd oddly for Holland to have insisted on Disposing of Lord Powis's and other Estates by their own Laws to re-imburse themselves 'T is an Ungenerous thing to villifie good Offices I am far from doing