35. This Ordinance and Act the King willeth to be observed from henceforth through his Realm of England and Ireland What think you of the Statutes made at Westminster 11 Edw. 3. Anno 1337. which I recited before where cap. 3. all Foreign Clothes are prohibited to be brought into Ireland and cap. 5. Clothworkers are invited to settle in Ireland and are encouraged thereto by Franchises promised them What think you of the Statute of the Staple mentioned before made 27 Edw. 3. Anno 1353 In the Preamble of which Statute Ireland is mentioned and cap. 1. bears this Title Where the Staple for England Wales and Ireland shall be kept whether Merchandizes of the Staple shall be carried and what Customs shall be paid for them Which Chapter shews That the Parliament of England had Power of raising Money by laying Customs on Commodities in Ireland At this Sessions were made Twenty eight Acts or Chapters call them which you will and all point at Ireland But I cannot pass by this last Statute of 27 Edw. 3. without making observation on its Preamble which I here give you verbatim Edward by the Grace of God c. To our Sheriffs Mayors Bayliffs Ministers and other our faithful People to whom these present Letters shall come greeting Whereas good deliberation had with the Prelates Dukes Earls Barons and great Men of the Counties that is to say of every County one for all the County and of the Commons of our Cities and Boroughs of our Realm of England summoned to our great Council holden at Westminster the Monday next after the Feast of St. Matthew the Apostle the 27th Year of our Reign of England and of France the 14th For the damage that hath notoriously come as well to us and to our great Men as to our People of our Realm of England and of our Lands of Wales and Ireland because that the Staple of Woolls Leather and Wool-fells of our said Realm and Land have been holden out of our said Realm and Lands and also for the great Profits which should come to the said Realm and Lands if the Staple were holden within the same and not elsewhere to the Honour of God and in Relief of our Realm and Lands aforesaid and to eschew the Perils that might happen of the contrary in time to come by the Counsel and common Consent of the said Prelates Dukes Earls and Barons Knights and Commons aforesaid we have ordained and established the things under written Here the King is called King of England and France without mentioning Ireland but we find the Laws made in that Sessions to be binding to his Lands of Wales and Ireland as I have before observed The King also takes notice of the Summons sent to the Prelates Dukes Earls Barons and great Men of the Counties and Commons of Cities and Boroughs of his Realm of England summoned to his great Councel holden at Westminster c. without mentioning any thing of Ireland though it was bound by the Laws made in that Sessions By all which it doth appear to me That Ireland was lookt on in those days as an Appendix to the Kingdom of England all one as Wales and yet the Laws of that Sessions were received in Ireland Why did not the Parliament of Ireland if there was then any make an early Protestation against this irregular Proceeding and condemn it as an Encroachment on their Priviledges which had been much better then for you to undertake this Task three hundred and fifty years after But to proceed What think you of the Statute made at Westminster 34 Edw. 3. Anno 1360 the Preamble is These be the things which our Lord the King the Prelates Lords and Commons have ordained in this present Parliament holden at Westminster the Sunday next before the Feast of the Conversion of St. Paul to be holden and openly published through the Realm and yet the Title of cap. 17. is Merchandize may be carried into and brought out of Ireland By which it appears That the Parliament of England made Laws to regulate the Trade of Ireland in those early days and that the Bill relating to the Woollen Manufactures now depending before the present Parliament is not a Modern Instance of that Power Cap. 18. of that Sessions hath this Title They which have Lands in Ireland may carry their Goods thither and bring them again From both which I make this observation That the Preamble saith These are to be holden and published openly thorough the Realm and the 17th and 18th Chapters shew that Ireland is part of that Realm In the 4th of Henry 5. cap. 6. an Act was made but is now Ob so I find nothing but its Title in the Statute Book which is this If any Archbishop Bishop c. of Ireland Rebel to the King shall make collation of a Benifice to any Irish-man or bring any Irish-man to the Parliament to discover the â—ounsel of English-men to Rebels his Temporalities shall be seized until he hath made Fine to the King By which it doth appear That the Parliament of England took notice there was a Parliament in Ireland and made Laws to bind that Parliament All these Statutes bound Ireland and doubtless many more there are had I time to look after them but I mention these because they come within the compass of your old Precedents being before the Second of Henry 6. But before I speak to your old Precedents give me leave to mention one Statute more viz. 1 Hen. 6. cap. 3. which though I do not produce as a Precedent binding Ireland yet it will serve to show what opinion the Parliament of England had of Ireland in those days the words are these Forasmuch as divers Manslaughters Murders c. and divers other Offences now late have been done in divers Counties of the Realm of England by People born in the County of Ireland repairing to the Town of Oxford c. I will make no Paraphrase on them they are easie to be understood by any English Reader and this is a Modern Statute in respect to the time of Henry II. when you say Ireland was made a separate Kingdom and settled by him on his Son John in a Parliament at Oxon whereas this Parliament calls it a County Well then let us see what you say against these Ancient Precedents you have produced before we come to the Modern Instances as you call them These Statutes you say pag. 86. especially the two first meaning Statutum Hiberniae and Ordinatio pro Statu Hiberniae being made for Ireland as their titles import have given occasion to think that the Parliament of England have right to make Laws for Ireland without the consent of their chosen Representatives Surely every Body I think is of that Judgment that hath lookt into the matter no you dissent from it and for this gives several Reasons The first is pag. 86 87 88. which I am obliged here to transcribe 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 dispatched four Knights to the King in England to bring a Certificate from thence of the practice used there and what was the Common Law of England in that Case whereupon Henry III. in this his Certificate or Rescript which is called Statutum Hiberniae merely 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 observed Teste meipso apud Westminst 9 Febr. An. Reg. 14. From whence you infer That this Statute was no more then 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 do you really speak your Thoughts herein Was it ever customary for the Judges to send to the King to expound Law to them and for the King by Certificates to direct them what they should give for Law I thought their Business had been to declare the Law impartially between the King and his Subjects and that if they doubted in any Points of the Common Law their Custom had been to advise one with another or with some other Learned Councel in the Law Is it to be thought the King knew Law better than his Judges I would not have you insist on this for the Honour of the Long Robe in Ireland But Sir there is more in this then perhaps at first you think for either this is a Statute Law and our Books call it so therefore in your favour I will believe it so or else the King had in those days an Absolute Power and Authority to impose on Ireland what Laws he thought fit For in the close of that Statute 't is said Therefore we command you That you cause the foresaid Customs that be used within our Realm of England in this case to be proclaimed throughout our Dominion of Ireland and to be straitly kept and observed If all our Acts of Parliament which declare the Common Law of England shall be called Certificates pray what will become of Magna Charta Charta Foresta and most of our old Laws which were generally Declarations of what was the Common Law of this Kingdom and what were the Rights and Liberties of the Subjects before the making of them I come now to your second old Precedent the Statute called Ordinatio pro Statu Hiberniae made at Nottingham 17 Edw. 1. Anno 1288. This you say pag. 88. was certainly never received or of force in Ireland And you further say That this is manifest from the very first Article of that Ordinance which prohibits the Justice of Ireland or others the King's Officers there to purchase Lands in that Kingdom or within their respective Bailiwicks without the King's Licence on pain of Forfeitures But that this has ever been otherwise and that the Lords Justices and other Officers here have purchased Lands in Ireland at their own Will and Pleasure needs no proof to those who have the least knowledge of this Country Is this a fair Argument against the Validity of a Statute That it hath not had due obedience rendred to it If this be Law I am afraid many of our late good Statutes have run the same fate but I never knew till now That the Peoples Obedience was an Essential part in a Statute I thought the Consent of King Lords and Commons given to it in Parliament had been enough But we will not let this Matter fall without further examining into your Argument That Statute consists of eight Chapters let us see which of those Chapters have not been received and obeyed you only mention the first viz. That the Lords Justices of Ireland and other Officers have purchased Lands in Ireland at their own Will and Pleasure as you recite it pag. 88. But the words in the Statute are these That the Justices of Ireland nor any other Officers of ours of the same Realm so long as they are in our Service there shall purchase any Land or Tenement within the List or bound of their Bailiwicks without our special Licence Which makes a great Alteration in the Matter for they might purchase Lands or Tenements both before and after they were in their Offices But we will take the Words as you give them how does it appear that this Law was not observed You say p. 89. It does not appear by any Inquisition Office or Record that any one ever forfeited on that account It may be so perhaps it was never broke and then there was no need of an Inquisition or the King might grant Licence as that Law does direct to his Justices and other Officers to purchase Lands during their being in their Offices or they might purchase them without the List or Bounds of their Bailiwicks and then the Terms of the Law were complied with But I am apt to think you will carry this farther and say That in later Years the Justices of Ireland and other the King's Officers have not taken notice of this Law perhaps so and what would you draw from this How many old Laws have we in England that are obsolete and disregarded by Time which though they fitted the Circumstances of the Times they were made in yet are not proper for our Days Witness the Statutes against going Arm'd the Statutes about Bows and Arrows and many others which were and still remain Statutes till repealed though perhaps 't will be thought hard to put them in Execution without giving publick Notice thereof sometime before to the Subject But after all how do you know but that these Officers you last mentioned may have Licences from the King to purchase Lands though I think it not at all to the matter whether they have or no. But to proceed That Statute as I said before consists of Eight Chapters you have taken notice only of the First therefore we will come to the next Chapter of that Statute The Title is In what Case only Purveyance may be made in Ireland Is that observed in Ireland or do the Justices or other the King's Officers by colour of their Offices take Victuals or any other things of any Person against his Will contrary to that Chapter The Third Chapter is about Transporting Merchandizes out of Ireland Do the Justices or any of the King's Ministers by colour of their Offices Arrest the Ships or other Goods of the People of Ireland The Fourth settles The Fees of a Bill of
Ireland I think what they have lately done in that Matter to be an Invasion on your Rights and Liberties And here I believe I state the question much in your favour for in your Appeal to any English Heart that stands for his own Rights and Liberties you say that these Invasions have been constantly complained of from that day to this which should I put you on the proof of I am afraid you would be at a great loss to do it Pray who made the Complaints and to whom for it must be done by your Parliament of Ireland to the Parliament of England else it cannot be supposed to be a Regular Complaint But we will take it as I state it and thereby put the Onus probandi on my self That the Parliament of England did make positive full Laws to bind Ireland before the days of Charles the Second my work then is to produce them and because I will be fair with you in this Combat I shall wave the three Statutes you have before excepted against whether justly or not I leave to the Reader on what I have said before viz. Statutum Hiberniae Ordinatio pro Statu Hiberniae and the Staple Act 2 Hen. 6. These three to please you shall be dismist the Ring Come then let us begin What think you of the Statute of Merchants 13 Edw. 1. Anno 1258 which is Four hundred and forty years since wherein as I have said before Ireland is mentioned and bound I hope you will allow this to be positive and full and then I have only these two things to prove first That there is such a Statute and for this I refer you to Keeble Secondly That it is acknowledged here to be a Law and this the constant practice of the Kingdom of England puts out of doubt it being accounted one of our best Securities in matters of Dealing and a Statute being made 21 Jac. 1. which among other things makes it Felony without Benefit of the Clergy to acknowledge a Statute in the name of another Person not privy or consenting to it also to procure it to be done I have known two Persons convicted thereon in this City for acknowledging the above Statute of Merchants and receive Sentence accordingly Now Sir I hope you will yield you are in the wrong But because by the Testimony of two or three Witnesses every thing ought to be tried I will give you another viz. that of 11 Edw. 3. Anno 1337. mentioned before which is 360 years since wherein Ireland is also mentioned and positively bound I will add a third which I have likewise mentioned before viz. the Statute Staple 27 Edw. 3. Anno 1353. which is Three hundred and forty years since in the first Chapter whereof the Staple Towns are settled for Ireland and in almost every Chapter Ireland is mentioned under some name or other and positively bound I could produce many more but having had occasion to mention them before I will not swell my Answer by repetition I hope now Sir I have fully proved all I undertook and you proposed and that you will acknowledge your self to be in an error and give up the Cause for I am weary of following as you lead because I am forced thus to repeat the same things again But I must go on to the end of your Book perhaps you have something more material to offer then I have yet seen But before I proceed I will mention one Statute made in the Reign of King Charles the Second which you omit and I will put you in mind of 't was in his Twelfth year cap. 7. The Title which is all I find of it in the Statute Book is An Act for restoring unto James Marquess of Ormond all his Honours Mannors Lands and Tenements in Ireland whereof he was in possession on the 23 d day of October 1641. or at any time since which being as it were a private Act is not printed at large Now I am apt to think that the Marquess of Ormond thought the Parliament of England had a Legislative Power over Ireland else he was very much to blame to be at the Charge and Trouble of getting this Act past And do you think that a Person of his Honour and Interest in Ireland had any design to betray and give up the Liberties thereof I come now with you to the Reign of his present Majesty which you call a happy Government and I think that we in England have just cause to call it so too and to bless God for it as I doubt not but we do But I am sure 't is more especially happy to the Protestant Interest in Ireland else I fear their Lands had had other Owners before this time though perhaps under a former Reign the Powers of an Irish Parliament might have been asserted in order to clip the Wings of the Parliament of England till both had been levelled to the despotick power of the Prince But however as happy as this Government is I find you have something to say against it The Parliament in this happy Reign have made Laws to bind Ireland which is a thing you complain of and more especially because it was done at a time when the Subjects of England have more strenuously then ever asserted their own Rights and the Liberty of Parliaments pag. 105. Why then Sir you have no reason to complain for this was one way by which they asserted their own Rights and the Liberty of Parliaments though this was not the only way They asserted it likewise in an Act made Anno 1 Gul. Mar. cap. 2. intituled An Act declaring the Rights and Liberties of the Subjects and setting the Succession of the Crown And in an Act made Anno 6 Gul. Mar. cap. 2. intituled An Act for the frequent meeting and calling of Parliaments But as great Asserters as they were of the Liberty of Parliaments I do not see one word mentioned in that Act relating to the Parliament of Ireland from whence I infer That they thought there was but one Parliament for all those Kingdoms Lands and Countries which were annexed to the Imperial Crown of England else certainly that Parliament which thought they had Power to make Laws to bind Ireland and who you confess made them out of good will and kindness to you under those Miseries that Ireland then suffer'd pag. 106. would have taken some care for that Kingdom in a Matter of such Weight even for many of those Reasons whereon that Statute is grounded had they not thought Ireland subject to their own Legislative Power But let us come to the Statutes which you mention to be made in this Reign wherein Ireland is named The first is pag. 107. An Act made 1 Gul. Mar. cap. 29. intituled An Act for Relief of the Protestant Irish Clergy This you say was obtained by the distressed Protestant Clergy of Ireland who were driven into England and by accepting Ecclesiastical Promotions here had forfeited those they had