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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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Mother Country must not be hindred from acting what they shall find necessary for the Common Good because of their absence even although it should respect themselves and this without depriving them of any their Just Rights because their Liberty and Privilege still remain'd to them of choosing their Representatives to the Supream Legislature and they might have exercis'd it if they had stay'd at home and may again whenever they 'll please to come in place They have indeed an Authority delegated to them from the Head to Enact such Laws in their Settlement as may be requisite for the Circumstance of that place but no such Privilege can ever be extended to rescind and abrogate their Allegiance and Subjection to the Head of the Empire But I shall come to Enlarge further upon this by and by And now to go on with Mr. Molyneux He speaks of two Acts made by the Parliament of Ireland viz. 10th Hen. 4. and 29th Hen. 6. wherein it was Enacted That the Statutes made in England should not be of force in that Kingdom unless they were allow'd and published there by Parliament It is not impossible but that in those days there might be some People there who were of this Gentleman's stamp for assuming as much power as they could right or wrong if they could but colour it under the specious pretence of their Ancient Rights and Privileges and they might think the Reigns of those two Princes a Favourable Conjuncture for such an Attempt The first of them got the Crown of England by his Sword and manag'd things as smoothly and easily as possible and perhaps never thought himself so secure as to exert the utmost Authority of his Government on every Occasion that might offer Henry the Sixth was a weak Prince govern'd and manag'd at different times by the two Factions of York and Lancaster from whence arise Civil Wars and his own Deposing A better time could never happen than during the Troublesome Reign of this King to attempt such Innovations But what if the Parliament of Ireland did enact a Law derrogating from the Authority of the Parliament of England could this abate any thing of that Right which England had before But 't is plain that if they did any such thing they did but think that English Acts of Parliament could not in any case bind Ireland for 't is certain both from the Reason of the thing and former Practice that in some Cases they might and did and even in the Second Year of this King Henry the Sixth as he quotes it the Staple Act expresly naming Ireland was made surely the Parliament of England must consist of much more Considerable Men than the Parliament of Ireland in those days could and they were most likely to know best what they had to do And it seems as if the People of Ireland themselves had no Opinion of the Validity of these invalidating Acts in Mr. Molyneux's Sense because they did not plead them in Bar of the Staple Act in the Case of the Merchants of Waterford which he gives us hereafter There is yet much more reason to believe that these Statutes were made on the very Occasion which he hints to remove Scruples or satisfie the Judges in relation to some Laws for the administration of Justice that were extant in England and they might have some doubt whether they ought not also to obtain there since the generality of the English Statutes were reciev'd in Ireland and therefore the Parliament of Ireland for the clearing any such difficulty for the future might possibly declare that such Statutes were not of force there 'till they had been establisht by them And I may easily grant him that the End and Intent of the Institution of a Parliament in Ireland was that as they were separated from England by the Sea they should have Authority to make and adapt Laws among themselves suitable to their own Circumstances and fit for the well-ordering of the Affairs of that Kingdom and therefore the Parliament of England did not think fit to impose upon them such Laws as were from time to time enacted suitable to the Occasio●s of the Realm of England but left the People of Ireland at Liberty to choose or refuse such as they thought fit and from this Reason it must be that so many of the English Statutes as he instances have been introduc'd into Ireland by passing them into Laws in their own Parliament The generous English Constitution doth not impose any Laws of this Nature or for raising Taxes upon any of the Subjects of their Dominions without their own Consent by their Representatives this is The Great Charter of English-men And because 't was thought that the People of Ireland could not conveniently send Representatives to the Parliament in Englaand they were therefore authorized to hold Parliaments among themselves for the tran●acting such Affairs we allow it to all our Colonies in America and even Wales after their submitting to the Government of England was not Taxt 'till they were admitted to send their Representatives to Parliament This I speak of such Laws which regard the administration of Commutative Justice regulating their own particular Affairs or raising Taxes But there is yet a higher kind of Law inherent in the Constitution whether it may be call'd the Law of Parliaments or the Common Law I leave it to Men of more Judgment in these Matters than my self to define it but I mean that which comprehends the Subjects of the whole Empire and must be of Authority to ordain certain Regulations which shall be binding upon the Whole in extraordinary Cases where the well-being of the Universality is concern'd England must be allow'd to be the Head of this Empire from whence all its Members do derive their Being and must depend for their Support and Protection the Riches which she attracts from the Benefit of her Forreign Trade is the only means she hath to support her Power and maintain such Fleets and Armies as are requisite for the Defence of all her Territories she must therefore prosecute all justifyable Methods for the preserving her Commerce and hath the utmost reason to restrain her Members from any prejudicial interfering with her in her Trade because this hath a direct Tendency to weaken her Power and render her incapable of supporting the great Charge of her Government For this end then or the like Extraordinary Occasions those Laws have been made by which the distant Dominions are bound and such have been the Acts of Navigation the Acts for hindering the Transportation of Wools from Ireland to Forreign Parts c. And though these Statutes are enacted when the Occasion requires yet they are not so much to be lookt upon as New Laws to use his own Expression as it were declaratory of the Supream Authority virtually inherent in and inseparably united to the Imperial Constitution and which hath been always exercis'd by this Kingdom and all other Governments that have had Colonies
a Civil War and of these kinds have been the Ruptures in England which he instances But if People who live in a settled Common-wealth where the Laws made or consented to by their Ancestors are in force and Justice is duely administred shall take up Arms to Oppugn the Legal Authority plac'd over them to overturn the Government and assume to themselves Liberties and Priviledges prejudicial to the Common Good or to dethrone a Rightful Prince who hath govern'd justly this in its very Nature is a Rebellion I am not ignorant that all contending Parties pretend to be in the right and that they take up Arms justly and none will own themselves Rebels unle●s they are forc'd to it but yet 't is evident that there is a real Right and Wrong in these things and there have been many Instances in which the Impartial World could easily judge where the Right lay If it be not so I leave it to this Gentleman to furnish the World with some other good Reasons why the Old Irish and Ancient English have been so severely handled in that Kingdom His Third Inquiry is What Title Conquest gives by the Law of Nature and Reason Mr. Molyneux hath shewn himself a good Advocate for the Irish in what forgoes but if he had been a General in the Irish Army I see not what more powerful Arguments he could have chosen to stir them up to fight Valiantly against the English than by telling them as in effect he doth here That the first Invasion of the English upon them was altogether unjust that Henry the second was an Agressor and Insulter who invaded their Nation unjustly and with his Sword at their Throats forc'd them into a Submission which he cou'd never thereby have a Right to that Posterity can lose no Benefit by the Opposition which was given by their Ancestors which could not extend to deprive them of their Estates Freedoms and Immunities to which all Mankind have a Right that there is scarce one in a thousand of them but what are the Progeny of the ancient English and Brittains If the Irish were Conquered their Ancestors assisted in Conquering them and therefore as they were descended from these Old English they could never be subjugated or brought under the Modern English This is the Substance of his own Discourse and according to his own Notions of the Freedoms and Immunities to which all Mankind has a Right he might have told them in consequence that 't was their Duty to exert their own Rights and Liberties expel the English out of the Nation as Invaders and make themselves and their Posterity as free as any of the rest of the Sons of Adam Any one may judge of this Gentleman's Discretion by his publishing such Notions as these among the Irish with whom perhaps they may be taking but the People for whom he designs his Discourse won't be so easily caught with his Sophistry He grants us that the Practice of the World may not come up to the Rectitude of his Doctrines but he is inquiring what Right they have to what they do practice Well we have the World of our side at least if after a Possession of above 500 Years we don't now much trouble our selves to inquire what Right Henry the 2d had to Invade Ireland with an English Army I wish I could find out the Posterity of those O's or Mac's that were heretofore the rightful Possessors of the Lands which this Gentleman now enjoys in Ireland and which they never parted with for any Valuable Consideration only to see whether he would so much outdo the rest of the World as to practice his own Principles and very fairly give up his Lands to them as to the right Heirs at Law But to Dispute a little with him about this Matter The End of all Government is for the Benefit of Mankind many Nations have been subdued and conquered for their own good and whoever hath been an Invader that way hath done them Right and not Wrong So did the Romans Conquer People from under the Power of Tyrants and Oppressors Barbarism and Ignorance to make them Members of the best and freest Government in the World and to Civilize them into good Manners and Useful Arts and thus is Henry the second 's Invasion of Ireland to be justify'd and commended He began to rescue the People from the Oppressions and Violences of their own wild Princes and the Blood and Rapine to which they were frequently expos'd upon every Quarrel and Invasion of so many Petty Monarchs and from which in process of time they were totally delivered by the Authority of England He gave the People the English Laws constituted Parliaments and the English Form of Government to this by his own Confession they freely submitted and doubtless they were convinc'd that 't was for their Good But no History tells us that he reserv'd not the Direction of the State to England and constant practice all along shews the contrary His plausible Arguments for the Liberty and Right of all Mankind that Conquests cann't bind Posterity c. are wholly misapply'd in this Case and he abuses Mr. Lock or whoever was the Author of that Excellent Treatise of Government in referring to that Book on this occasion for that Worthy Gentleman doth therein argue the Case of People whose just Rights are violated their Laws subverted and the Liberty and Property inherent to them by the Fundamental Laws of Nature which he very accurately describes is invaded and usurp'd upon and that when this is as Evident and apparent as the Sun that shines in a clear day they may then take the best occasion they can find to right themselves This is a Doctrine that all good Men may assent to but this is in no wise the Case of Ireland they did as he owns receive and 't was to their own Advantage the English Laws and swear Fealty to the King that is to the Government of England and did reciprocally receive from him the Priviledge of being admitted to be free Denizons of England whereby they evidently gave up themselves to be incorporated into and become Members of the English Empire and to this day they remain to enjoy the Liberties and Priviledges of Freemen of England unless there happen to be such as have forfeited the same according to the Municipal Laws of the Government but he endeavours to evade the possibility of their Forfeiting by suggesting as if they were to be considered as a Different Contesting Nation And therefore 'T would be unreasonable to put the Municipal Laws of particular Kingdoms in Execution between Nation and Nation in the state of Nature If a Nation that once was distinct consent to imbody itself into the Government of another that is more powerful receive it's Laws and submit to its Constitution without reserve may they ever after be lookt upon as in the state of Nature or shall they not rather be esteem'd