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.

Actum erat de foecundissimâ gente,
Si libera fuisset.
Plin. Panegyr.

LONDON, Printed for Dan. Brown at the Black Swan and Bible without Temple-Bar; and Ri. Smith at the Angel without Lincolns-Inn Gate near the Fields, 1698.

To the Honourable the Knights, Citizens, and Bur­gesses, in Parliament Assem­bled.

YOur House, and theyAnciently there was but one House and sometimes one undivided Body sub dio. Thus one of K. Edgar's Char­ters An. 970. Non clam in angulo, sed sub Divo, palam evidentissimè scientibus to­ti [...]s regni mei Primatibus. to whose Rights You suc­ceed, having, for several Ages, been the Principal Support of the English Monarchy; the Ene­mies to so excellent a Constitu­tion have thought it could never be more effectually undermined, than by the drawing your Rights into Question: and thus have many made [...] their deceitful Courts to Princes.

'Tis not for me to determine, whether Malice or Sycophantry have induced some to deny, your [Page] being in any manner invested with that Authority, which they offi­ciously ascribe to the Kings of this Realm, and their Council of Lords, or rather Privy Coun­cil; to the derogating from the Lords in Parliament, no less than from You.

I conceive it, allowable for me, to joyn the Men of this assurance with Dr. Brady, and other Ad­vocates for Despotick Power: who have contended, that your first Presence, or Representa­tion, in the National Council, began by Rebellion in theDr. Brady's Answer to Mr. Petty l. p. 1, 2. [...]o rescue these sacred things from groundless and designing i [...]e [...]pretations: I follow his own Method, and do affirm, 1. Tha [...] the Commo s of England represented by Knights, Citizens, and Burgesses in parliament were not introduced, not were one of the three Estates in Parliament before the 49th of H. 3. 2. That before that time the body of the Commons of England, or Freem [...]n as now understood or as we n [...]w frequently call them collectively taken, had not any share or votes iu making of Laws for the government of the Kingdom, nor had any com [...]unication in Affairs of State, unless they w [...]re represented by the Tex nts in Capite. 49. of H. 3. which being taken as proved, they conclude, that Kings may as well set you aside, as a [Page] Subject may any obligation extor­ted by threats and duress.

And whoever has made any attempt towards the removing that Corner Stone for Tyranny, has been sure to incur the imputation of promoting Anarchy: as if your venerable Body did not in the least interpose between those two Extremes.

The fairest colour which the Men of Foreign Notions and Alle­giance have, for their premises, is from King John's Charter, which as they imagine, has declared or establish'd the Tenents of the Crown in Chief, to be the only legal Members of the Common Council of the Kingdom: the far different sense of which Char­ter, I may well say 'twas my fortune to find and evince, upon my [Page] Vid Jani Anglor. faciem nov. ed. An. 1680. first enquiry into the Nature of our Government; since the force of truth has obliged evenVid. Dr. Brady's Ap­pend. to his Co [...]pleat Histo­ry cited in f. Dr. Bra­dy to yield it up to me,Dr. Brady's Introtuct. f. 3 [...]6 Spe [...]àing of Seditious Pieces defign'd, as he says, to overturn the Go­vernment, and publish'd on purpose to usher in Anarchy and Confusion, (leaving a Blank for Mr. P [...]tyt's Name, whom be sufficiently de­scribes) these and other such stuff, says, he did mightily contribute to the Sedition and Rebellious Practices of a Great Man who laid violent Hands upon himself to prevent the Hand [...]nd Stroak of Justice, And like to this Piece are J [...]ni Anglor▪ [...]acies nova, Jus Anglorum ab antiquo, Reflections upon Antidptum Brit. &c. All written and timed to promote Sedition and in expectation of Rebellion and the de­struction of the Establish'd Government. after all the hard Words which he had gi­ven me on that occasion.

Nor has he offered the least Shadow of Evidence against my ListJus An­glorum ab antiq. from Domesday Book; shewing, that notwithstanding the supposed Conquest of this Land by W. 1. they who had not for­fe▪ ted their Estates, enjoyed them upon or under Titles Priour to his Entrance; without relation to any Grant, or Confirmation from him.

[Page] Permit me to say, that the Re­searches in which this Controversy engaged me, have, in some measure, enabled me to assert your Authori­ty, in the highest Instances of the exercise of Power; aud to make out by Deduction, and numerous Presidents, what you have as 'twere by Intuition; that Ireland, as 'tis annexed to the Imperial Crown of this Kingdom; is sub­jected to that Authority, which is, and must be absolute; and yet can never be gaievous, because of your share in it.

Votes, Lunae, 27 Junii 1698. Tho▪ the bold denial of this, has already receiv'd your just cen­sure of being of dangerous Con­sequence to the Crown, and People of England: Yet, if I may use the Allusion, I might ob­serve, that 'tis not held improper to make Comments upon the Sacred [Page] Text, to explain it to Vulgar Understandings: Which, I should hope, may plead in my Excuse, if not, Justification, while I am proving, that, as you have right­fully concurred with the Lords, in giving Ireland a King, by fil­ling the Vacant Throne; andVid. Mat. Par. Addit. f. 281. De foris factu­râ regni per Johannem, & regni vacatio­ne per ejus­dem demissi­onem in ma­nus Papae. that Glorious Preserver of your Liberties has, with the Advice and Consent of the States of this his Realm, made Laws with a declared intention of binding Ire­land; these Acts of Sovereignty, are not only agreeable to the Laws of Nature, and of Nations, but warranted by the Ancient Con­stitution of this Monarchy.

The foundation of which, while I have been labouring to clear, from that Rubbish which would render it unstable; it has happened with me, as with those, who having ex­hausted [Page] themselves in working a rich Mine, are forced to leave the bright Oar to them that come after: And thus 'tis likely to be with those Collections which I have by me, concerning the Fundamental Con­stitution of this Government: by which I had flattered my self, that I must have contributed towards the Peace and Happiness of my Country, in shewing the admirable Harmony that there is between the constituent parts of this Em­pire; how strong and beautiful they are in their due order; How conspicuous that Degree of the Baronage, or Nobility of Engl. which you're present, has been in all the Ages of this Monarchy, in maintaining its Glory; what Persuasive Reasons both Prince and People have, to be satisfied with their several, and yet com­mon [Page] Interests; and how little they are to be thought Friends to either, who prompt them, as the Learned Grotius has it,

In partem non suam involare. Whither I have been any way ser­viceable to the Publick, or can yet serve it, according to my Zeal; is submitted to the Collective Wisdom of the Nation: The Judgment is with you; who, if you should not think this, or any of my former labourous Effects of Idle­ness, as the Poet calls the Writ­ing of Books, worthy of your Pro­tection, or Notice; I doubt not will extend your Pardon, to En­deavours consecrated to your use, By,

Your Most Faithful and Affectionate Humble Servant, W. Atwood.

The History, and Reasons of the Dependency of Ire­land, upon the Imperial Crown of the Kingdom of England, &c.

AS there's no need of staying for Publick Authority or Encouragement, to oppose an open Invasion upon the Rights of my Country; I cannot but think it my duty to make a stand, till better help come in, with Arms taken up on a sudden; and that the rather, since by a shew of Precedents, and popular Positions, some lovers of English Liberties are drawn in, to join with the Invaders: nor do I wonder, to find Sufferers under Arbitrary Reigns, easy to be misled, by a seemingMr. Moli­neux his Book▪ p. 3. I venture to expose my own weakness, rather than be wanting at this time to my Country, I might say indeed to mankind; for 'tis the Cause of the whole Race of Adam that I argue, &c. Advocate for mankind, who undertakes the Cause of the whole Race of Adam.

[Page 4] And yet to any man, who will be at the least pains to think of Conse­quences, 'twill be manifest, that the Liberty which the Gentleman, whom I oppose, contends for, as the inhe­rent Right of all mankind, would be a total exemption from all Laws and Government, except such as Adam had a right to in the state of Nature: and, for want of knowing who has the title of Descent from him, would turn all Nations to such Commonwealths, wherein every Paterfamiliâs is an independent So­veraign. If men were to be con­sidered in such a state, I will agreePag. 3. with him, That on whatsoever ground any one Nation can challenge Liberty to themselves, on the same reason may the rest of Adam's Children ex­pect it.

But if this be taken with relation to the present Governments in the world; then, suppose this Gentle­man hold a Commonwealth to be the freest state of mankind; to be uni­form, he must believe, that no Mo­narchies ought to continue longer than the people should think fit: [Page 5] because, according to his Maxim, the People of a Monarchy have the same right to Liberty that the others maintain: and, directly to the pre­sent question, no nation ought to have any dependence upon any o­ther Nation. And, perhaps othersVid. Plin. Pan. Quàm nunc juvat, provin­cias omnes in fidem nostram deditionem (que) venisse. Post­quam conti­git Princeps terrarum, &c. will say, neither ought they to have any protection.

'Tis certain, that whether we con­sider the people of the same Nati­on, or the relation which one Na­tion has to another, their state or condition, must depend upon Con­stitutions and Agreements, express, or tacit. Indeed, what Constituti­ons and Agreements are binding, and for what time, will fall under the consideration of Reason, either of it self, or aided and assisted by Revelation. S. Paul having taught us, That the Powers that are are ordain­ed of God; I should think that the common practice of the world (which this Gentleman admits to be a­gainstPag. 25. his Notions) is no small evi­dence of the right of Acquisitions made by one Nation upon, or over another: But if these could in right [Page 6] be carried no further, than the'Tis only da­mage sustain'd that gives title to another man's goods. da­mage sustained by the injured Nati­on; the bounds of the Acquisitions would be very uncertain, and desul­tory.

That no true Principle opposes the Power, which England claims and exercises, over Ireland, might be shewn in a very narrow compass: Yet when many glittering Argu­ments are made use of, to support an unseasonable as well as ground­less complaint; it may be requisite to give direct Answers to those things which may seem most plau­sible; and to lay such Foundations as may supersede the particular consi­deration of the rest: to which end I shall shew,

1. The nature of Mr. Molineux his Complaint.

2. The true Foundation and Na­ture of that Right, of which England is possessed, in relation to Ireland; and Mr. Molineux's Mistakes, Omis­sions, and wrong Comparisons, and Inferences, concerning it.

3. That the Right which was at first acquired, is so far from being [Page 7] departed from, that 'tis rather strengthened, and confirmed: and has been duly exercised, as the good of England has required, and in subordination to that: and, even in the greatest Instances now com­plained of.

4. That his Politicks, and seem­ing popular Notions, are wrong, and misapplied.

1st. Mr. Molineux would insinuate into hisMr. Molineux his complaint against the Parliament of England. Vid. Dedication. Majesty's belief, in his Dedication to him, that some of late endeavour to violate those Rights and Liberties, which the Irish, or English there, have enjoyed for above five hundred years: And he plainly enough charges, both Kings, Lords, and Commons of England, and that acting Parliamentarily, not only with this endeavour, but with actual vio­lations of that, which to him seems, the inherent Right of all mankind.

His Service to his Country, and to all the Race of Adam, he supposes to be call'd for, by the present juncturePag. 3. of Affairs, when the business of Ire­land is under the consideration of both Houses of the English Parliament: [Page 8] that is, as his Margin explains it, the Case of the Bishop of Derry in the House of Lords, and the prohibit­ing the exportation of the Irish Wool­len Manufacture, in the House of Com­mons.

P. 64, & 66. He complains, That Acts of Par­liament in England, before the 10th of H. 4. and 29th of H. 6. had pre­tended to bind Ireland, without any confirmation there, tho they have not expresly claim'd this Right▪ P. 68, 99. that there are modern Precedents of English Acts of Parliament pretend­ing to bind Ireland: but these are In­novations; tho, of his own shewing, no more than was done before theP. 105. 10th of H 4. But he is sorry to reflect, that since the late Revolution in these Kingdoms, when the Subjects of England have more strenuously than ever asserted their own Rights▪ and the Liberties of Parliaments, it has pleased them to bear harder on their poor Neighbours, than has ever yet been done in many Ages foregoing.

P. 107. Nay but one Throne, the two Kingdoms▪ The first attempt which this Gentleman complains of, since his Majesty's happy accession to the [Page 9] Throne of these Kingdoms, is an Act made, in great compassion, for Relief of the Protestant Irish Cler­gy: The next is one prohibiting allP. 108. Trade and Commerce with France; while England was engaged in an actual War, of which Ireland was a miserable Seat. Another is the Act for the better security, and re­lief of their Majesties Protestant Sub­jects in Ireland; wherein K. James's Irish Parliament at Dublin, and all Acts and Attainders done by them are declared void: And 'tis further pro­vided, That no Protestant shall suffer any Prejudice in his Estate, or Office, by reason of his absence out of Ireland since December 25. 1685. And that there should be a remittal of the King's Quit-Rent from Decemb. 25. 1688. to the end of the War. And the last is, That for abrogating theP. 111. Oath of Supremacy in Ireland, and appointing other Oaths.

These are the Acts of Parliament, by the suppos'd submission to which, he will have it, that the Rights of the People of Ireland have received the greatest weakening under his Ma­jesty's [Page 10] Reign, and they are made of all his Majesty's Subjects the most unfor­tunate. Pag. 114.

These Acts are complained of, as Violations of the Rights of a King­domP. 128. compleat and absolute in it self, without any P. 129, 133, 139. subordination to England, especially in relation to Parliaments: That they are contra­ry to that P. 147. amity which should be maintained between distinct Kingdoms, or the Children of one common Parent; which have distinct Rights, and Inheritances, absolutely within themselves: andP. 163. inconsi­stent with the Royalties, and Preemi­nence of a separate and distinct King­dom.P. 154. Against the common Laws of England, which are in force both in England and Ireland, by the ori­ginal Compact.P. 157. Against the Sta­tute Laws both of England and Ire­land. P. 161. Against several Charters of the Liberties granted to Ireland. P. 166. Against the King's Prerogative.P. 168. Vid. e Cont. sup. p. 64, & 66. Against the practice of all former Ages.P. 170. Against several Resoluti­ons of the learned Judges of former times. Destructive of Ibid. Property. [Page 11] Introductive of P. 171. the greatest con­fusion, and uncertainty imaginable. And lastly, Ibid. inconvenient for Eng­land, being likely toP. 172. make the Lords and People of Ireland think they are not well used, and may drive them into discontent. And yet this Complaint must be thought very modest, because, if the Great Coun­cilPag. 3. of England shall resolve the con­trary, he declares he shall then be­lieve himself to be in an Error, and with the lowest submission ask pardon for his assurance.

I cannot in the least question, but that august and wise Assembly will use that Method which he refers to for his Conviction: yet, since they are employed in Affairs of more imme­diate consequence, than the asserting and clearing the grounds of that Authority which they have long been possessed of; I shall think that I may do some service to my Coun­try, in shewing,

The true Foun­dation and Na­ture of the Right of Eng­land over Ire­land. 2ly The true Foundation of that Right, which England is possessed of, in relation to Ireland; and what are Mr. Molineux's principal Mistakes, [Page 12] Omissions, and wrong Comparisons, and Inferences, concerning it. Here I hope to make it evident,

1. That he mistakes the Grounds for the submission of Ireland to H. 2. as well as the Nature of it; and o­mits material Passages which may illustrate that matter.

2. That if he had been as conver­sant in Histories, and Records, as he would be thought; he could neverVid. p. 3. have had assurance enough to assert,P. 14. that England may be said much more properly to be conquer'd by W. 1. than Ireland by H. 2.

3. That he is as much mistaken in his comparison between Scotland and Ireland; and that matter of his own shewing, or admission, might have convinced him of an essential difference.

Pag. 6. of the first an­nexation of the Land of Ire­land to the Crown of Eng­land. 1. This Gentleman pretends to give the History of the Expedition of the English into Ireland; which he supposes to have been in the Reign of H. 2. and that all the Right which has been acquired by England, to have any Government, or Superiority, over that Nation, [Page 13] was derived from within that King's Reign. Which manifests his having seen very little of our Eng­lish Antiquities; and his not at­tending to what Irish Acts of Par­liament might have taught him.

Lambard's Ar­chainomia, f. 148. de Jure & Appendi­ciis Coronae Regni Britan­niae. The Confessor's Law, under the Title of the Rights and Appendages, or Dependencies, of the Crown of Eng­land, expresly names Ireland as one, which it supposes to have been first annexed to the Crown of England by King Arthur. Accordingly, be­sides other Authorities which might be produced, a very AntientBibli [...]h. Cot. sub effi­gie Julii. Manuscript in Latin Verse in the Cotton Library, ascribed to a Gil­das, who lived in the Year 860. speaking of several things done byB. 11. that King in this British Kingdom, says; ‘His ita dispositis in regnum tendit Y­bernum.’ ‘These things thus settled, he for Ireland goes.’

AnotherClaudius. D. 2. Manuscript in the Cotton Library, treating of the num­ber [Page 14] of the Cour [...]ies of England, and the Countrys, and Islands, which of Right, and without doubt, belong to Na. the Crown, and Dignity of the King­dom of Britain, and the several Laws or Customs, by which they were governed; among the places subject to the Danelege, mentions Man, the Orcades, Guernsey, [...] I take it. Gurth, and the other Islands of the Western Ocean, about or in the way towards Norway, and Danemark: within which we may well think Ireland to have been meant, since the Isle of Man is one of the Islands, there taken to be about,Circa [...]. bordering upon, or in the Road to Norway, and Denmark.

Tho the Confessor's Law places the Foundation of the Right of the Crown of England to Ireland, in the acquisition of King Arthur; it must be agreed, that this was so anti­quated, and so many Changes had happened in the State of this Na­tion, between his time and King Edgar's, that he might well have no regard to any Right from King Arthur: And, however, might sup­pose himself to have been the first [Page 15] of the Anglo-Saxon Kings, who had subjected Ireland, or the greatest part of it, to the Crown of England; which that he did, we have the Testimony of his memorable Char­ter.

Ego Eadgarus An­glorum Basilius, omnium (que) Regum insularum, quae Bri­tanniam circumja­cent, cunctarum (que) nationum quae in­fra eam includun­tur, Imperator, & Dominus; Gratias ago Deo Omnipo­tenti Regi meo, qui meum Imperium sic ampliavit, & exal­tavit, super Reg­num patrum meo­rum; qui, licet Mo­narchiam totius An­gliae adepti sunt, à tempore Ayelsta­ni, qui, primus Re­gum Anglorum, Nationes quae Bri­tanniam incolunt si­bi armis subegit: nullus tamen eorum ultra ejus fines, Im­perium suum dila­tare aggressus est. Mihi autem con­cessit propitia divi­nitas, cum Anglo­rum imperio, om­nia Regna Insula­rum Oceani, cum suis ferocissimis Re­gulis, usque Nor­vegiam, maximam­que partem Hiber­niae, cum suâ no­bilissimâ civitate Dubliniâ, Anglo­rum regno subjace­re. Quos etiam Ar­mis meis imperiis colla subdere, Dei juvante gratiâ, coe­gi.
Rot. Cart. 5. E. 2. m. 12. n. 25. & 3 E. 3. m. 10. n. 23. Pro Priore & Conventu Wi­gorn. per in­speximus.
I Edgar, King of the English, and Em­peror and Lord of all the Kings of the I­slands which lie about Britain, and of all Nations that are in­cluded
An. 964. regni sui 6.
within it, give Thanks to God Al­mighty my King, who hath so inlarged and exalted my King­dom above the King­dom of my Ance­stors; who, altho they had gain'd the Mo­narchy of all Eng­land, from the time of King Athelstan, who was the first of the Kings of the Eng­lish that brought un­der him by Arms the Nations which inha­bit Britain: yet none of them attempted to stretch his Empire be­yond its bounds. But the propitious Divini­ty has granted me, with the Empire of the English, to put under the Dominion of the English, all the Kingdoms of the Isles of the Ocean, with their fiercest lit­tle Kings, as far as Norway, and the greatest part of Ire­land, with its most noble City Dublin: Even all those, by the help of God's Grace, I have compell'd to submit their Necks to my Commands.

From this time 'twill be evident, to any who observe the stiles of our Kings, till H. II's time, that the Au­thority of England over Ireland was taken to be included under the stile of King of the English Saxons, of Britain, of the Island of Albion, or the like: not but that, for several [Page 17] Reigns before the time of H. II. Parliaments, in which the King's Charters pass'd, were often careful to have the stile more expressive of the Title to the Dominions out of England. For instances of both kinds:

Edgar, after the Charter above cited stiles himself,

Basileus dilectae In­sulae Albionis, sub­ditis nobis sceptris Regum Scottorum, Cumbrorumque ac Britonum, & omni­um circumcirca Re­gionum.
Rot▪ Pat. 12. E. 2. m. 13. n. 42.
King of the Beloved Island of Albion, the Scepters of the
Rot. Cart. 2▪ E. 3. m. 23. n. 78.
Kings of the Scots, the Cumbers, and the Britons, being
An. 970. & Cart. Antiq. in Turr. Loud. B. n. 11.
subject to us, and of all the Regions round about.

In another;

Rot. Car [...] ▪ 5. E. 2. m. 12▪ n. 25.
Basileus Anglo­rum, & Imperator Regum Gentium.
King of the English, and Emperor of the Kings of Nations.

After this King Ethelred stiles himself sometimes;

Rot. Cart. 5. E. 3. m. 1 [...] ▪ n. 17. per Prior & Con­vent. sanctae Frischeswide▪ Oxon. An. 1084. re [...]i [...] 25.
Ego Adelred totius Albionis Mo­narchiam guber­nans.
I Athelred govern­ing the Monarchy of all Albion▪

Subscribes,

Rex Anglorum.King of the English.

[Page 18]Sometimes,

Rot. Cart. 5. E. 3. m. 32. n. 85. A. 979.
Ego Athelred totius Britanniae Basileus.
I Athelred King of all Britain.

Sometimes,

Rot. Cart. 36. E. 3. m. 7. n. 3. A. 964.
Ego Ethelred Britanniae totius Anglorum Monar­chus.
I Ethelred Mo­narch of all the Bri­tain of the English.

Sometimes,

In Bib. Cot. An. 1001.
Ego Ethelred totius Insulae.
I Ethelred King of the whole Island.

Subscribes,

Rex & Rector An­gulsexna.King and Ruler of the Anglo-Saxons.

That Ireland and other Kingdoms and Dominions, were included with­in this stile, will appear by other Charters of the same King. Thus he stiles himself,

Monast. 1. vol. f. 94. a. A. 983.
Totius Anglo­rum Gentis Basile­os, caeterarumque Nationum in circu­itu persistentium, primatum gerens.
King of all the Eng­lish Nation, and ha­ving the Supremacy over the other Nati­ons living round a­bout.

At another time he stiles himself;

Rot. Cart. 5. E. 3. m. 32. n. 85. pars u­nica. A. 987.
Ego Ethelred Rex Anglorum, ali­arumque gentium in circuitu persi­stentium.
I Ethelred King of the English, and o­ther Nations living round about.

And the same stileHist. Ely­ens. in Bib. Cotton. 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,Vid. Rot. Cart. 2. R. 2. m. 13. n. 5. Bib. Cot. sub. effig. Claudil c. 9. Hist. Ec­cles. Abind. Cart. Antiq. B. n. 4. K. n. 22. 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 wasCartae An­tiquae in Turri Lond. D. n. 12. Coenob. de Salebi [...]. 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 15th of his Reign, which begins;

Cart. An▪ tiq. Q. n. 2▪ An. 1081.
Ego Gulielmus Deo disponente rex Anglorum, caetera­rumque gentium circumqua (que) 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, on­lyBib. Cot. sub Effigie Clau­dii 9 Regist. Abind. dehund. de Hormmere. King of the English.

Not here to bring other Evidences, of the continuance of the Superiority over Ireland; to turn Mr. Moli­neux Of the Supe­riority and Au­thority of the Church of Eng­land over the Church of Ire­land. 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 beParker's A [...] ­tiq. Brit. Et qui (que) Nobiles cum Clero. allowed to have seen and understood the Evidences of the Rights of the See of Canterbury, and is agreed to [Page 21] 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.

Petitioni [...]o­rum Armuit. At their request, he upon the death of the Bishop of Dublin, con­secrated one Malchus, whose Bishop­rickFo. 23. Ann. 1151. Pope Eugenius raised into an Arbishoprick: But notwithstanding the Popes, Eugenius and Adrian, hadIbid. constituted Archbishops there; yet they all acknowledgedIb. F. 23. Nihilominus Cant. Prima­tem in omni­bus agnos­cunt. the Supre­macy of the See of Canterbury in all things.

[Page 22] And after Archbishop Parker had enumerated 33 Bishopricks in Ire­land, he adds,

Antiq. Brit.] sup.
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.

Inter decem script. Gerv. Dorob. Actus Pontif. Cant. F. 1633. Ann. 605. 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,

Nec non & Scothorū qui Hiberniam in­sulam Britanniae proximam incolunt, pastoralem impendere sollicitudinem curabat. He not only took care of the new Church gathered out of the English, [Page 23] 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.

Brompton, F. 970, 971. de An. 1071. 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 Not that the whole History need have been read in the Council, but the chief Passages produced by them who had read it.,

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, 'twas 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 'tis past dispute, that a superiority of Government, [Page 24] both in Church and State, was vest­ed with the English, and by conse­quence in the Crown of England as the Head, from the 6th 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 lostP. 8. An. 1172. in less than 22 years, when Mr. M. supposes the Pretensions of England to have had their first ground.

P. 6, 7, 8. Of H. 2d's landing in Ireland. 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, [Page 25] as to allow that England ought P. 144. 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.

The justificati­on of H. 2d's Expedition. 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,

[Page 26]
Lambard's Ar­chaionomia, F. 138. De Regis Officio, &c.
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 to the antient and due state, the di­spersed, dilapidated, and lost Rights of the Kingdom.

This was not only incumbent up­on the Prince, but upon the People also, who were sworn Brethren to de­fend Vid. Leges St. Edw. Tit. Greve. the Kingdom against Strangers, and against Enemies, together with their Lord and King; and with him, to keep his Lands, and Honours, with all Fidelity.

Accordingly, when the Pope ci­ted E. 1. to answer judicially be­fore him, concerning his Right o­ver Scotland, the Parliament say,

[Page 27] Ryley's Placita Parl. 29 E. 1. The Premises would manifest­ly turn to the disherison of the Right of the Crown of the King­dom of England, and of the Royal Dignity, and notorious subversion of the state of the said Kingdom: And also to the prejudice of the Liberties, the Customs, and Laws of our Ancestors, To the obser­vation of which we are bound, by virtue of the Oath we have tak­en; and which we will maintain with all our Power, and, by God's assistance, will defend, with all our might. Nor also do we, or can we, as indeed we may not, suffer our Lord the King, even tho he would, to do, or in any wise attempt the Premises, &c.’

Here's a ground to justify H. 2. and the People of England at that time; which this Gentleman never thought of.

And Giraldus Cambrensis, an Au­thor received by him, and an Irish Vid. In [...]. Parliament, has shewn another, from the nature of the Irish, the necessity of their Reformation, and that Au­thority [Page 28] which the generality of Christians in those dark Ages pla­ced in the Pope.

As to the Character of the Peo­ple, after Girald had condemned their Clergy, for not doing their duty among them, he says,

Anglia sacra, Giraldus Cam­brensis de re­bus a se gestis, Pars 2. c. 14.
Ut enim de per­juriis eorum, & pro­ditionibus, de fur­tis, & latrociniis, quibus totus hic po­pulus prope mo­dum, immopraeter modum, indulget; de vitiis variis & immunditiis nimis onormibus, quas to­pographia decla­rat, ex toto non emittamus; Gens haec Gens spurcissi­ma, Gens vitiis in­volutissima, Gens omnium Gentium in fidei rudimentis incultissima.
For not wholly to o­mit speaking of their Perjuries and Trea­sons, of the Thefts and Robberies which this whole people in some measure, rather with­out measure, indul­ges; of their various vices and unclean­nesses too enormous, which our Topogra­phy declares; This Nation is a Nation most vile, a Nation the most drown'd in Vices, a Nation of all Nations the most ig­norant in the Rudi­ments of Religion.

This being the nature of the Peo­ple at that time, there might seem, [Page 29] if there had been no prior Title, to have been as much a right of oc­cupancy, as any Nation has had by the first possessing the Lands of Sa­vages: but if the right of civilizing the barbarous part of Mankind was not sufficient, that Power which the then general consent of Nati­ons had placed in the Pope, joined with the other, made a Title, which none but the Barbarians then dis­puted. This H. 2. had amply and formally.

Angl. sac. sup. pars 2. F. 485. speak­ing of King John, Pater ipsius intran­di Hiberniam, sibi (que) subju­gandi, ab ec­clesia Roman [...] licentiam im­petravit. Giraldus Cambrensis not only in­forms us, that the Pope gave H. 2. licence to subdue the Irish, but ex­hibits the Bull at large, which, re­citing the King's Intention of en­tring the Island of Ireland,

Ad subdendum populum illum le­gibus, & vitiorum plantaria inde ex­tirpanda, & de sin­gulis domibus an­nuam unius denarii B. Petro velle sol­vere pensionem, & jura Ecclesiarum terrae illius illibata & integra conser­vare;To subdue that peo­ple to Laws, and ex­tirpate the plantati­ons of Vices from thence; and that he will pay to St. Peter the annual Pension of a Penny out of e­very House, and pre­serve the Rights of the Churches of that Land unprejudiced and entire;

Declares the Pope's approbation of that King's attempting that Is­land, for enlarging the bounds of thePro dilatandis Ecclesiae ter­ [...]inis, &c. Church, for restraining the course of Vices, for correcting their Manners, and sowing Virtues, for the encrease of the Christian Religion.

And this Pope desires the King's purpose may take effect, for the Ho­nour of God, and Salvation of that Land; and that the People of that Land should receive him honoura­bly, and reverence him as their Lord.

Jure nimirum e contrario illibato & integro permanen­te, & salva B. Petro & S. R. E. de singu­lis domibus unius denarii pensione.The Right however remaining unpreju­diced and entire, and saving to St. Peter, and the holy Church of Rome, the pensi­on of a Penny out of every House.

The Right of the Church was hereby reserv'd unprejudiced: the Recital seems to make it to relate to the particular Churches; and this Mr. Molineux, if he please, may take to amount to such a Freedom,V. p. 129. Ho­ly Church shall be free, &c. If our Church be free and ab­solute within it self, our State must be so like­wise. as exempted them from the Juris­diction of the Pope, as well as of the See of Canterbury: but he may easily observe that the Superiority of both is fully reserved, and implied under jure illibato & integro perma­nente.

It thus appearing, that this Gen­tleman had not attended to the true grounds of H. 2d's Attempt upon Ireland, I shall consider what Sub­mission the Irish made to him, and in what sense he and his Parliament took it. 'Tis evident beyond con­tradiction, that they did not sub­mit to him as to a King, whom they chose to govern according to their own Laws, but as one that imposed, and was to impose Laws upon them▪ Of this Mr. Moline [...]x seems so much aware, that where he speaks of the submitting to H. 2. he only menti­ons the general terms of receiving P. 10, & 11. [Page 32] him for King and Lord of Ireland, and swearing Allegiance to him and his Heirs, or the like: but the swearing to the Laws of England heP. 28. places among the Con [...]essions; as if they were no otherwise subject to them than the People of England.

Of the Submis­sion of the Irish to H. 2. 'Tis to be observed, for proof that the Submission was truly voluntary, and that there was such a Consent as is essential to the making Laws to bind Posterity; that upon H. 2's landing at Waterford, several of the Irish Kings, and almost all the No­bility of Ireland flock'd in to him;V. p. 10. Cited by him. that the Archbishops, Bishops, and Abbats of all Ireland receiv'd him for King and Lord of Ireland, and swore to him and his Hei [...]s, binding themselves by their Charters to per­petual Allegiance; and that after their example, and in like manner, the Kings and Princes there present receiv'd him for Lord and King of Ireland.

Upon which I need not observe the known difference taken in Pliny, and other good Authors, between Dominus and Princeps; since after [Page 33] this the King held a Council at Lis­more, cited by this Gentleman in a wrong place. P. 28.

Ubi leges Angliae sunt ab omnibus gratanter receptae & juratoriâ cautio­ne confirmatae.Where the Laws of England are thank­fully received of all, and confirm'd by a juratory Caution.

Mat. Par. ib. Urbes & Ca­stella quae Rex in sua recepe­rat, sub fideli custodia depu­tavit. And for a farther Security, the King possest himself of several Ci­ties and Castles, which he put into safe hands; but of this Mr. M. takes no notice.

As a cotemporary Exposition is ever of greatest Authority, let's see whether the meaning of this was, that Ireland was to be go­vernd by Parliaments of its own, as free and independent as England; or that it should be governed by the Laws made, and to be made, by England.

P. 29▪ Mr. Molineux confesses, that H. II. within five years after his Return from Ireland created his younger Son John King of Ireland, at a Par­liament held at Oxford: he might have learn'd from the same Autho­rity, [Page 34] that in that Parliament he not only disposed of several petty King­doms there, to hold of him andHoveden. f. 323. John his Son, but Hoveden has these words, which comprehend Lands as well as Governments.

F. 324.
Postquam autem Dominus Rex apud Oxenford, in prae­dicto modo, terras Hiberniae & earum servitia divisisset; fecit omnes quibus earundem custodias commisserat, homi­nes suos & Johan­nis filii sui deveni­re.
But after the Lord the King had at Ox­ford, in manner a­foresaid, divided the Lands of Ireland and their Services; he caused all those, to whom he had com­mitted the Custody of them, to do homage to him and his Son John, & to swear Allegiance and Fidelity to them.

Int. Decem script. Bromton de eod. An. Bromton says;

Apud Oxoniam i­dem Rex Angliae Johannem filium snum, coram Episc. & regni sui Princip. Regem Hiberniae constituit. Et po­stea fecit quosdam familiares suos sibi & Johanni filio suo ligantias, fidelitates & homagia, contra omnes homines, fa­cere & jurare. Qui­bus terras Hiber­niae dedit & distri­buit in hunc mo­dum, &c.At Oxford the said King constituted his Son John King of Ireland, before the Bishops and Princes of his Kingdom. And afterwards he made some of his Courtiers to do and swear Alle­giance, Fidelity, and Homage to himself and his Son John, against all men: To whom he gave and distributed the Lands of Ireland in this manner, &c.

If what the King did in a Parlia­ment was a Parliamentary Act, here was an Act of the English Parlia­ment, which, by Mr. Molineux'sVid. Inf. In truth he was but Viceroy. Confession, impos'd a King upon Ire­land, to whom they had not sworn any otherwise than as they swore to submit to the English Laws: and he should have observed, that here­in, according to his own inference, of the making Ireland a separate Kingdom, the English Parliament undertook to discharge the OathV. p. 10. Jurantes ei & haeredibus suis which the Irish had taken to be true to H. 2. and his Heirs; and sutably to the Legislative Authority over Ireland in this Particular, the same Parliament at Oxford disposed of and distributed the Lands of Ireland, without expecting any Ratification from thence.

Here's a Parliamentary and co­temporary [Page 36] Exposition, of what thisP. 154. Gentleman calls the Original Com­pact between England and Ireland.

I must agree, tho he has not ob­serv'd it, that notwithstanding H. Il's Acquisition in Ireland, an Irish Native had quiet possession of a Kingdom which he seem'd to claim as chief King over the Irish. This was Roderic King of Connaught, who upon paying his Tribute, and performing his appointed Service, was,Hoveden. t. 312. Sicut tenuit ante­quam domi­nus Rex intra­vit Hib. according to Hoveden, to hold his Land as he held it before H. II. enter'd Ireland: which could not be true in a strict sense, unless he were dependent upon the Crown of England before; and however, this was a Grant after a more abso­lute Acquisition: andA [...]. 1175. three years after, Girald holds, as do the Irish Statutes, that he hadGir. Cam­br. expug. Hib. c. 34. de An. 1177. An­no primo quo illustrissimus Anglor. R. & Hib. trium­ph [...]tor, ipsam insulam acqui­sivit. conquer'd the whole Land of Ireland.

Benedict. Abbas, p. 69. [...]ited in Dr. Bradey's Ap­pend. f. 39. Abbat Benedict, an Author of that time, to be seen in the Cot­ton Library, speaking of H. II. says,

Concedit Roderico ligio suo Regi Co­nautae, quamdiu ei fideliter serviet, ut sit Rex sub eo, pa­ratus ad servitium suum: salvo in om­nibus jure & hono­re Domini Regis Angliae, & suo.He grants to Rode­ric his Leige-man, King of Connaught, that as long as he faithfully served him, he should be a King under him, ready for his Service: saving in all things the Right and Honour of the Lord the King of England, and his.

As it appears by Record, by the 7th of King John, the King of Con­naught Rot. Claus. 7. Jo. m. 5. had two thirds duly taken from him, for not performing his Service; or else he never had more than a third of that Kingdom grant­ed; for then he acknowledged that he held a 3d part in the name of aNomine Baro­niae. Barony, and for the other two thirds proffers the King,

Duos Cantredos, cum Nativis eorun­dem Cantredorum, de praedictis duabus partibus, ad firman­dum in eis, vel faci­endum inde volun­tatem suam.Two Cantreds, with the Natives of those Cantreds, to let 'em to farm, or to do with them what he pleas­ed.

Thus I take it, his Kingdom was as much dependent upon the Crown [Page 38] of England, as any Barony in Ire­land, or England, and as subject to Forfeiture.

Davis Rep. f. 38. And 'tis probable, that this King was the head of the O Conoghors of Connaught, who are, 3 E. 2. ad­mitted to be entituled to the Eng­lish Law.

But tho the Law of England was not current beyond the English Pale, or those Cantreds and Divisions of Irish, who continued under Obedi­ence to the English; yet the Crown of England has, from very antient times, not only laid claim to the Lord­ship over the whole Land of Ireland, but their Parliaments have recog­nized this Right more than once.

Of the Antiqui­ty of the Right of the Crown of England to the Land of Ire­land, recogni­zed by Parlia­ments there. Stat. 11 Eliz. Ses. 3. c. 1. f. 273. Mr. M. if he had pleased, might have found, that Acts of Parlia­ment made in Ireland lay a much earlier Foundation of the Right of the Crown of England to the Land of Ireland, even than our Confes­sor's Law does. A Statute made in Ireland, 1 Eliz among sundry Titles, which the antient Chronicles in the Latin, English and Irish Tongues, alledge for the Kings of England to [Page 39] the Land of Ireland, derives one from Gormond Son of Belin, King of Great Britain.

Graston de an. ante Christum 375. This King our Historians call Gurgunstus, and is said to have reign'd in Great Britain 375 years before the Christian Aerd. Grafton, De eod. an. agreeing with the Irish Statute, tells us, that in his return from Denmark, he met with a Fleet of Spaniards, which were seeking for Habitati­ons, to whom the King granted the Isle of Ireland to inhabit, and to hold of him as their Sovereign Lord.

The Statute made in Ireland, 13 C. 2. recognizing his Title, has these words; ‘Recognitions of thisIrish Stat. f. 493. nature may seem unnecessary where your Majesty's Title to this your Realm is so clear, as that it is avowed in sundry Acts of Parliament heretofore made within this Kingdom, in the times of your Majesty's Royal Progenitors of famous memory: and SO AN­TIENT, AS IT IS DEDUCED NOT ONLY FROM THE DAYS OF KING H. 2. your Majesty's Royal Ancestor, BUT [Page 40] FROM TIMES FAR MORE ANTIENT, AS BY SUNDRY AUTHENTICK EVIDENCES MENTIONED IN THE SAID ACTS, AND RECORDS OF THIS YOUR MAJESTY'S KING­DOM, MAY EVIDENTLY APPEAR.’ Since Mr. Molineux allows Acts of Parliament made in Ireland, to have full Authority; I hope he will con­fess, that he has given a very im­perfectP. 4. and undue account how Ire­land became a Kingdom annexed to the Crown of England; and thus, not here to observe that he need not have gone so far back to shew how it first became a Kingdom, I think I have made it evident, that he has fail'd in his first Undertaking.

Of the compari­son bètween W. 1. and H. 2. and of the stile and notion of Conquest. 2. 'Twill be as evident, that he is no less injurious to the Right of the English Nation, than unhappy in the comparison, where he maintains, that England may be said much more Davis's Rep. [...]. 41. Case de Tanistry. properly to be conquer'd by W. 1. than Ireland by H. 2. tho in this he has the Authority of Sir John Davis. I will agree, that the word Conquest was in the times both of W. 1. and [Page 41] H. 2. of a very innocent significa­tion; for which he rightly cites Sir Henry Spelman, and might haveP. 12, & 13. observed a much greater and anti­enter Authority, in a Record of the time of King John, referr'd to byVid. Mr. Petyt's Pref. to the Rights of the Kingdom. Mic. 2. Jo. Mr. Petyt: wherein a younger Brother, in a Suit between him and his elder Brother about Title to Land, pleads, that his Father had it de Conquestu suo, and gave it him;The same tran­scribed more at large in Hales's Collect. in Bib. Hospit [...] Lin­coln. according to the distinction in Glan­vil, who wrote in the time of H. 2. betweenGlanvil. de legibus, lib. 7. c. 1. Questus, the same with Conquestus, and Haereditas. 'Tis certain the word Conquestus did not in that age imply any thing of thatVid. ib. aut habet haeredi­tatem tantum, aut questum tantum. Power, which a Prince or State might acquire, by Force or Terror of Arms, over another Prince or State; and therefore I shall make no use of his Admission, that H. 2. took Conquestor Hiberniae into his stile, contrary to the Authority ofP. 14. Mr. Selden, cited in his Margin, and to which I cannot but subscribe. In truth, thoVid. Pref▪ to Davis's Rep. The first after the Norman Conquest that was stiled Lord of Ireland. H. 2. was stiled Lord of Ireland, I am very well as­sured none can be found where he is [Page 42] Girald. Camb. Hibern. ex­pugnat. stiled Conquestor. Yet Girald, an Au­thor of that time, calls him, Triumpha­tor Hiberniae, which is tantamount to Conqueror. But since Conque­stor, when first used, signified no more than one who came to a Right which he claimed not by hereditary Descent (according to which W. 1. acknowledged, that he was made or created King of the English by here­ditary Vid. Reflecti­ons upon a trea­sonable Opinion against signing the voluntary Association. Right, that is, as has elsewhere been shewn, and may be more at large, was duly let in to the Inheri­tance of the Crown) however the word Conquestor has been in follow­ing ages applied both to W. 1. and to H. 2. Let's consider a little,

1. Whether the English Nation ever submitted to W. 1. as a Con­queror, in a sense of larger significa­tion than 'twas antiently used.

2. Whether the Irish Nation submitted to H. 2. or to any other of our Kings, more absolutely than the English did to W. 1.

1. Mr. Molineux agrees, that E. 3.F. 14. was the first that us'd the Aera of post Conquestum; which indeed was no more than to distinguish the Ed­wards [Page 43] after the time of W. 1. from the three Edwards which reign'd in England before that time: but no body that I know of, has yet pretended that W. 1. ever assumed the stile of Conqueror; and I dare say, no one Author of that time, printed or in Manuscript, ascribes it to him. I must own in some of his Charters, he says, he gain'd the Kingdom by the Sword, having sub­dued Harold and his Accomplices: but besides that Puffendorf's Asser­tionPuff. de Jure Gentium. VII. 7. 3. is undeniable; that after a Prince is overcome in a just War, till the Subjects consent, the State of War continues; and there is no Obligation nor Faith, and so no Dominion; W. 1. did not come to civilize and subdue the People to Laws, but to turn out, 1st. An Usurper upon the Right of the People, upon whom he had imposed himself without any true Election, notwithstanding what several antient Authors have affirmed. And, 2dly. An Usurper upon the Right which W. 1. had, by a full and a formal Election, he having been elected Successor in the [Page 44] life time of the Confessor: which I may hereafter shew, with all the Circumstances, but shall at present refer only to three Authorities out of many.

Pictav. gesta W. Ducis Norm. & Re­gis Anglor. f. 181. William of Poictiers, an Author who lived in the very time, informs us, that the Confessor sent an Em­bassy into Normandy, suorum assen­su, by the assent of his People; to assure him of the Succession.

Ord. Vital. f. 492. And Ordericus Vitalis has these words.

Edwardus nimirum propinquo suo W. D. N. primo per Rodbertum Cant. summum Pontisi­cem, postea per eundem Heraldum, integram Anglici regni mandaverat concessionem: ip­sumque, conceden­tibus Anglis, fece­rat totius juris sui haeredem.Edward sent an Embassy to William Duke of Normandy, first by Robert Arch­bishop of Canterbu­ry, afterwards by Ha­rold himself, ac­quainting him with the entire Grant of the Kingdom of Eng­land: and had made him Heir of all his Right, with the Con­sent of the English.

Which shews in what sense In­gulph, who was Secretary to W. 1. is to be understood, when he says,

[Page 45]Eum sibi succede­re in regnum voce stabili sancivit.That the Confes­sor, with a stable Voice ordained, or appointed him to suc­ceed him in his King­dom.

'Tis not to be questioned, but In­gulph who was an Anglo-saxon, and well knew that a King could not dispose of the English Crown, with­out the consent of the States of the Realm; would be understood by this, that the Confessor's voice, or nomi­nation, had a Parliamentary Sancti­on; when one of the Norman writ­ers looks upon Harold as a Non expec­tabat vesanus Anglus quid publica electio statueret. Pic­tav. ut memi­ni, vel Ordir. Vital. mad­man, for not staying to see what a publick Election should determine.

That W. 1. came only to turn out an Usurper, is not all: but hav­ing done this with a great force, the People of England would not re­ceive him for King upon his Victo­ry, till they had treated and agreed with him in aFlor. Wig. Fidelitat. jura­verunt, quibus & ipse foedus pepigit. S. Du­nelm. F. 195. Hoveden. F. 258. Rad. de Diceto Col. 480. Bromton Col. 958. Convention at Berkhamstead; where, as Authors concur, foedus pepigit, ‘he struck a League with them;’ and was not only obliged to maintain the Eng­lish [Page 46] Laws, in virtue of a mutual Con­tract: but part of the Contract with theOrdir. Vital. F. 503. Prelats, and the Nobility of the Kingdom, was, That he should be crown'd as the manner of the Eng­lish Government requires. From those Authors who give the heads of his Oath, administred by Al­dred Archbishop of York, 'tis plain, that he was crown'd according toBib. Cotton. sub Effigie Claudii, A. 3. the standing Ritual in use from the Coronation of King Ethelred, and continued to the Reign of H. 1. without any material alteration: And Authors, as well as the Ritual, shew, that the people were solemnly ask'd, whether they would have him to reign over them? to which they ex­prest their consent, in such terms as implied aBib. Cot. sup. Volumus & concedimus. Vid. Selden. Dissert. ad Fletam de con­firmatione, 4o Regni sui E­kal. vid. etiam Mat. Par. Addit. de Fre­therico Ab. Sancti Albani, extorquente cautionem ju­ratoriam. Grant.

But the Coronation Oath being only in general terms; that King was obliged, once at least, if not oftner, to swear expresly, that they should enjoy the Benefit of the Con­fessor's Laws; that Digest of so much of the common Law of England, as was in his time thought necessary to be reduced to writing; to which [Page 47] some additions were made by that King in Parliament, for the benefit of the English.

That there was nothing like this, in the submission of the people of Ireland to H. 2. has appeard above; and that he acted according to the import of his stile, of Lord of Ire­land, in imposing Laws, and a King upon 'em.

And I would gladly know what Irish Laws and Customs he swore to maintain?

Tho, therefore, I am as avers to the common Notions of Conquest as this Gentleman, especially to the supposition, that God, ‘in givingVid. God's ways of dispo­sing of King­doms. P. 20. one Prince a Conquest over ano­ther, THEREBY puts one in pos­session of the others Dominions, and makes the other's Subjects become his Subjects, or his Slaves, as they come in, upon conditions, or at the will of the Conqueror: Yet I must desire Mr. M. to explain those Acts of Parliament made inThe sense of Parliaments in Ireland, in relation to Conquest. Ireland, which not only seem to import, that the Crown and King­dom of England, had made an ab­solute [Page 48] acquisition of the Land of Ireland, but use that scurvy word, Conquest.

Stat. Hib. 28 H. 8. c. 3. An Act, 28 H. 8. recites, That the King's Land of Ireland, here­tofore being inhabired, and in d [...]e obedience unto the King's most noble Progenitors, Kings of England, who, in the right of the Crown of Eng­land, had great Possessions, Rents, and Profits within the same Land; had grown into great ruin and de­solation, for that great Dominions▪ Lands, and Possessions, had by the King's Grants, course of Descents, and otherwise, come to Noblemen of England, by whose negligence the wild Irish got into possession; the Conquest, and winning whereof, in the beginning, not only cost the King's noble Progenitors, but also those to whom the Lands belong'd, charges inestimable: and tho the King's English Subjects had valiant­ly opposed the Irish, yet upon their absenting themselves again out of Ireland, the Natives, from time to F. 64. time, usurped and encroached upon the King's Dominions; and particular­ly [Page 49] that the Earl of Kildare, with his accomplices, endeavour'd to take the Land of Ireland out of the King's possession, and his Heirs there­of for ever to disherit.

F. 65. For these, and divers other hurts and enormities, like to ensue to the Commonweal of the Island; in re­spect of the inestimable Charges which the King had sustained, and apparently had occasion to sustain for, and about the conquest, and re­continuance of the same, out of his Enemies possession; tho the King had right to all the Lands and Pos­sessions there referr'd to, and tho he might justly insist upon the Arrears of two parts of the Land of those who had absented themselves, which might amount to more than the purchase of 'em; it vests in the King and his Heirs, as in the Right of the Crown of England, only the Lands of some particular persons.

Stat. 11. Eliz. Ses. 3. c. 1. The Stature of the Queen at­tainting Shane Oneile, speaks of populous, rich, and well-govern'd Re­gions, wealthy Subjects, beautiful Ci­ties, and Towns, of which the Im­perial [Page 50] Crown of England had, before that time, been conveniently furnish­ed, within the Realm of Ireland; which after being lost, had been recontinued to the Queen's quiet pos­session.

But the Rebel, Shane Oneile, re­fusing the name of a Subject, and taking upon him, as it were, the Of­fice of a Prince, had enterprized great Stirs, Insurrections, and hor­rible Treasons, against her Majesty, her Crown, and Dignity; imagining to deprive her Highness, her Heirs and Successors, from the real and actu­al possession of her Kingdom of Ire­land, her true, just, and ancient In­heritance to her, by sundry Descents, and authentick strong Titles, rightfully and lawfully devolved.

And having mention'd a Title from Gurmond the Son of Belin, King of Great Britain, says,

F. 37. Another Title is, as the Clerk Giraldus Cambrensis writeth at large, of the History of the Con­quest of Ireland, by King H. 2. your famous Progenitor.

The Title to the Land then recog­nized, [Page 51] was abundantly strengthned and confirmed by Irish Parliaments in the time of J. 1. and since. In the Act of Recognition to J. 1. they tell11 J. c. 1. him, of his having quench'd the most dangerous and universal Rebellion, that ever was rais'd in that King­dom; in the suppressing whereof, the unreform'd parts of the Land, which being rul'd by Irish Lords and Customs, had never before receiv'd the Laws and civil Government of England, were so broken and reduc­ed to Obedience, that all the Inhabi­tants thereof did gladly submit themselves to his Highness's ordinary Laws and Magistrates: which gave unto his Majesty a more entire, abso­lute, and actual possession, than ever any of his Progenitors had.

All Ireland being thus brought in­to subjection to the Crown and Laws of England; K. James taking notice of Laws which had been made12, 13, 14, J. 1. c. 5. af­ter the Conquest of that Realm by his Progenitors Kings of England, to keep up the distinction between the English and the Natives of the Irish Blood; that he had then taken 'em [Page 52] all into his protection, and that they lived under one Law, as dutiful Sub­jects of their Sovereign Lord and Mo­narch, repeals those dividing Laws.

After this the Irish Parliament Act for Sub­sidies, 11 C. 1. granted C. 1. four Subsidies, right­ly considering the vast, and almost in­finite expence of Men, Mony, Victuals, and Arms, sent out of England thi­ther, by the King and his Royal Pro­genitors, for reducing that Kingdom into the happy condition wherein it then stood.

10 C. 1. Ses. 1. c. 3. and Ses. 3. c. 3. And sutably to the import of the word Conquest, Acts of Parliament of that Kingdom, in the Reign of that King, shew that the Titles to Lands of the English Plantation, or which they from time to time gain'd from the Irish, were enjoy'd by Grants from the Crown: and for securing the Estates to Ʋndertakers, Servitors, Natives, and others, all the Lands in several Counties, commonly call'd Plantation Lands, were vested in the King, his Heirs and Successors, inNota, But one Imperial Crown. right of the Imperial Crown of Eng­land and Ireland.

[Page 53] The Stat. 14 & 15 C. 2. holds the14 & 15 C. 2. Irish Rebels to be subdued and con­quer'd Enemies, and therefore vests all their Lands in the Crown of Eng­land, in order to make satisfaction to the Protestant Adventurers, for the reducing that Kingdom to its due obedience, and to enable the Crown to extend Grace to such as should be held deserving of it; Reprisals being first made to the Protestant Proprie­tors.

Tho, therefore, I am far from ad­miring the Lord Coke's reasoning in Calvin's Case; I may here subjoin part of Mr. M's reflection upon him, and refer him to the Irish Acts of Parliament to qualify his Censure of the Ld Coke's restriction of the Opi­nion in the Year-book, 2 R. 2. that the Irish are not bound by Statutes made in England, because they have no Knights of Parliament here; which,Non hic ha­bent Milites Parliamenti. says the Lord Coke, is to be understood, unless they be specially named. To this assertion Mr. Molineux admits heP. 117. gives colour of reason, by saying, ‘That tho Ireland be a distinct Do­minion from England, yet the Ti­tle [Page 54] thereof being by Conquest, the same by Judgment of Law, might by express words be bound by the Parliaments of England.

To confound the Lord Coke, P. 117.I would fain know, says this Gen­tleman, what the Lord Coke means by Judgment of Law: Whether he means the Law of Nature and Reason, or of Nations, or the Civil Laws of our Common­wealths?’ For answer to which I need at present only ask him, what sort of Law he takes the above­cited Statutes of Ireland to be? and shall afterwards shew that they have all along submitted to such a Conquest, or Acquisition, as gives a Right to the imposing of Laws.

3. But since he is pleas'd to say, AsP. 118. Of Mr. M's comparison be­tween Scot­land and Ire­land; and of the Annexation of Ireland to the Crown of Eng­l nd. Scotland, tho the King's Subjects, claims an exemption from all Laws but what they assent to in Parliament; so we think this our Right also: and going upon the supposition of Ire­land, being a Kingdom as distinct from England as Scotland, he frames an Objection, that however they may be restrain'd by War from do­ing [Page 55] what may be to the prejudice of England, the stronger Nation: If this may be, he asks, why does itP. 147. not operate in the same manner be­tween England and Scotland, and consequently in like manner draw after it England's binding Scotland by their Laws at Westminster?

As to Scotland, not here to enter into the Dispute between the Lord Coke and the rest of the Judges, who resolv'd Calvin's Case, and theVid. Moor's Rep. House of Commons of that time; nor yet, into the Question concern­ing the Scotch Homage, whether 'twas for the Kingdom of Scotland, or only for some Lands which their Kings held of the Crown of Eng­land: 'Tis enough to observe, that during the Heptarchy here we often had one King, who was Rex primus, to whom the others were Homagers, and obedient in the Wars for com­mon Defence of the Island; yet each King had his distinct Regalities, and the Countrys their several Laws and Customs, and distinct Le­gislatures for Lands, and other Rights and Things within themselves. [Page 56] This 'twas easy to conceive that Scotland had; and thus, both there and here, under the Heptarchy, the several Kingdoms, notwithstanding Homage to one King who had the Primacy, were under separate Alle­giances,Vid. Ben. Ab. in Bib. Cot. de Homagio Re­gis Scot. H. 2. as the respective Subjects were not bound to the same Laws; tho the States of the Kingdom did Homage as well as the King. When the Right to the Crown of Scot­land came afterwards in J. 1. to be in the same Person who had the Crown of England, and that with­out any new Acquisition by the Crown or Kingdom of England, there wasVid. Answ. to C. J. Herbert on the dispen­sing Power; and particular­ly the Sheri­valty of the County of N. for which some have supposed that the Sta­tute in that case was dis­sensed with. A Comparison between Ire­land and Wales. no merger of the less Crown: and 'tis certain that in the Judgment of Law, Palatinates fallen to the Crown continue distinct Royalties.

But if, for the keeping a King­dom distinct, whether in the Per­son of the same King, or as an Ap­pendant to his Imperial Crown Mr. M. M. 165., a distinct Legislature is necessary as well as a distinct Jurisdiction; then Wales, which in many of our Sta­tutes is call'd a Dominion, was no [Page 57] distinct Dominion, or Principality; if it at any time continued in the Crown, without having Parliaments of their own, or being represented here, by Members of their own chusing▪ but thus it was with Wales from the 12th 34 H. 8. c. 13. of E. 1. to the 34th of H. 8. in right of E. 1st's Conquest, as Sir John Da­vis, or the Judges in his time call the Acquisition of that Dominion; and as 'tis there; E. 1. changed their Laws and Customs as he had express'd in his Charter, or the Statute of Rutland which fol­lows:’

Divinâ providentiâ terram Walliae cum incolis suis prius nobis jure feodali subjectam, in pro­prietatis nostrae do­minium totaliter & cum integritate con­vertit, & coronae regni nostrae an­nexit.By the Divine Pro­vidence
D [...]s's Rep. f. 41. b.
the Land of Wales, with its In­habitants, before sub­ject to us by feudal Right, we have turn'd wholly and entirely into the Dominion of our Propriety, and an­nexed it to the Crown
Should be in the plural num­ber.
of our Kingdom.

And as to their Laws and Customs;

[Page 58] Quasdam de consi­lio procerum regni nostri delevimus, quasdam permisi­mus, quasdam cor­reximus, ac etiam quasdam alias adji­ciendas & facien­das decrevimus.Some, by the Coun­sel of the Peers of our Kingdom, we have abrogated, some we have permitted, some we have corrected, and besides some o­thers we have added and decreed to be put in execution.

Here is a Title, understood at that time, of taking a Forfeiture for Re­bellion against the Lord of the Fee; and in consequence of this the King and his Peers, in Parliaments, took upon them to exercise a Legislative Power over Wales.

But notwithstanding that Wales was thus united and annexed to the Imperial Crown of England, and absolutely subjected to its Legisla­ture, yet, as is held in Davis's Re­ports,Davis f. 67. le Case del County Pala­tine. this Principality of Wales, not being govern'd by the common Law, was a Dominion by it self, and had its proper Laws and Cu­stoms.

That Report shews Wales, by reason of these different Laws and [Page 59] Customs, to be more distinct and separate from the Kingdom of Eng­land, than Ireland is; and that a Te­nure of the Prince of Wales should not after its reduction under the Subjection of England, become a Tenure of the Crown in chief, but that it should be so in relation to Tenures of a County Palatine in Ireland, as well as England, because such a County in either Land was originally a parcel of the Realm,F. 67. ‘and derived from the Crown, and was always govern'd by the Law of England; and the Lands there were held by Services and Te­nures, of which the common Law takes notice, altho the Lords have a separate Jurisdiction, and Seigniory separate from the Crown.’ But that Tenure in Chief in Ireland, as well as England, could be no other than of the Crown of England, appears not only by the Grants to the Electors Palatine, or Lords Marchers of Ireland, but in that Ireland was not raised into a Kingdom till H. 8's time.

The mention of Palatinates may [Page 60] Comparison be­tween Ireland and the County Palatine of Chester. well occasion a Comparison between the Land of Ireland, and the County Palatine of Chester, a distinct Royal­ty in the Principality of Wales: that had its Parliaments within it self, as 'tis very probable, from before the time of W. 1. it being certain, that Hugh Lupus enjoyed that Earldom by Judgment of the Lords, if not the Great Council in the time of W. 1. and their Parliaments may be traced from within the time ofRot. Pat. 9. H. 3. m. 9. d. Rot. Pat. 44. H. 3. m. 1. d. Pat. 6. E. 1. m. 6. de 1 5ma in Com. Cestr. Pat. 20. E. 1. m. 6. de 1 5ma Regi, &c. H. 3. downwards to their first ha­ving Representatives in Parliaments of the Kingdom, 34 H. 8.

Their provincial Parliaments were chiefly, if not only, for the granting Aids to the Crown: but notwith­standing their being represented in Parliaments at home, yet Laws were made here in the superior Parlia­ment, for the governing the Inhabi­tants of the County of Chester.

P. 148. Some object, that Ire­land is to be look'd upon on­ly as a Colony from England. Now, without considering whe­ther Cheshire was a Colony from England, or from Wales, or mix'd, or else a place exempt without re­gard to the being any Colony; I may well hold, that tho from before the [Page 61] time of W. 1. they had the privi­lege of being tax'd only by them­selves, or with their own Con­sent: yet their Parliament was sub­ordinate to the Great Council of the Kingdom of England; and 'twas no violation of the Right of their Parliament, for the National Council to give them Laws for their better Government, and to restrain 'em from acting to the prejudice of the Crown and Kingdom of Eng­land: neither was this any diminu­tion to the Prerogative of the Crown. The instance of Chester I may well bring to this point, be­ing authorized by the Learned Judg Shardlow in the time of E. 2.

Year-book of E. 2. f. 613. In an Action of Debt in the King's-Bench here, upon a Bond seal'd at Chester, that learned Judg says; Chester is out of our Juris­diction here, insomuch that there is not any Minister in that Coun­ty answerable here for what he has done. Of a Deed done out of the Jurisdiction here, or out of the Realm, as at Paris, or else­where beyond Sea, I ought not [Page 62] to answer.’ The Counsel urges, that the Power here extends through­out the Realm of England, and to a Deed done within the Realm of England you ought to answer; and Chester is within England.

But Shardlow insists upon his for­mer Judgment, and adds, ‘IRE­LAND IS WITHIN THE REALM; and to a Deed committed there, I shall not answer here. Also Duresm is within England, yet I shall not answer at all here; because the Court cannot try the Fact if de­nied.

This shews plainly, that at that time Ireland was as much part of this Realm as Chester; that the di­stinction of Jurisdictions was not for want of Superiority. This has been maintain'd over19 H. 6. F. 12. b. 4. Inst. F. 212. Chester and Ireland, by Writs of Error upon Judgments in Law. The reason of which is given by ChiefVaughan's Rep▪ Justice Vaughan, that otherwise they may in­sensibly alter the Law appointed, or permitted, or give judgment to the lessening the Superiority.

[Page 63] Mr. Molineux will have it, th [...]Of the Juris­diction of the King's Bench of England [...] ­ver that of Ireland. this removal of a Judgment from the King's Bench of Ireland, by Writ of Error, into the King's Bench of England, dos not infer the subordi­nation of Ireland to the KingdomP. 13. Vib. ib. the Lord Coke, seems to infer from the subor­dination, &c. of England; but that this was a method appointed by an Act of Par­liament of Ireland, which is lost a­mong a great number of other Acts which they want for the space of 130 years at one time, and 120 a [...] another. 'Tis easily supposed by him, that they had Parliaments of their own for the most of those times; but others will believe that they were generally governed by the Laws of England, according to the Tenour of their submission to H. 2. and the interpretation then put up­on that submission. But methinks the force of his Argument, in rela­tion to the ordinary Jurisdictions the King's Bench of England exercises o­ver that of Ireland, is not to be fear'd.

P. 13. Of the ordinary Jurisdiction of the K's Bench of England o­ver that of Ireland. He is pleased to say, erroneous Judgments might have been removed from England into the King's Court in Ireland, for so certainly it must [Page 64] be since the Court travelled with the King. For which I need only mind him of his own quotation ofP. 164, 165. Sir Richard Pembrough's Case: ac­cording to which, for the King to have required the attendance there of the Tenants in chief, who were the Judges in his Court here, would have bin a banishment: But 'tis cer­tain this could be no part of their Du­ty declared by the constitutions of Clarendon, 10 H. 2. in affirmance of the antient customs of the Realm of England, under that clause whichInteresse judi­ciis Curiae Re­gis. requires 'em to be at the Trials and Judgments of the King's Courts.

Besides, I shall shew, that the King's Court in England (which when not meant of the Parliament, did manifestly in those antient times relate either to a Counsel chosen in Parliament, and acting out of it by Authority from thence, or to the Body of the Tenants in chief, the Great Lords, for whose easing them­selves of such troublesome attendan­ces, the later Jurisdiction of the pre­sent King's Bench has sprung up) was possess'd of the Superiority of [Page 65] ordinary Jurisdiction over Ireland, before Mr. M. can shew that they had any Acts made in Ireland of any kind, except that wherein they first gave themselves up to obey and de­pend on the English Legislature; and unless they can produce Acts of their Parliaments for raising Aids to the Crown of England.

InRot. Claus. 37 H. 3. m. 4▪ d. Hibn. the 37th of H. 3. one Baret complain'd to the King of injustice done him by Justices itinerant at Limbrick.

Et mandatum est Justiciariis Hib [...]rniae quod rec [...]rda cum omnibus ad­m [...]iculis co­ram [...]o venire faciant. Upon which the Justices of Ire­land were commanded to send the Record before the King.

Where the Record was com­manded hither, per saltum, with­out any regard to the King's Bench of Ireland.

And another Record in the same Year before Shardlow, and other Ju­stices at Dublin, as I take it, of the Common Pleas there, was, by WritRot. Claus. 37 H. 3. m. 15▪ of Error from hence, transmitted to the Justice of Ireland: Without which it seems he was then held to have no Authority to proceed in Ireland.

[Page 66] Recorda penes Remem. in scaccar. Placita coram Rege 20 E. 1. In the 20th of E. 1. a Writ of Error had removed out of Ireland a Record of a Judgment of Fe­lony:Vid. inf. of Petitions in Parl. Temp. E. 1. Which, indeed, was re­manded; not for want of Jurisdic­tion to correct the Error of the Judges in Ireland: But,

1. Because there was no notice to the King's Attorney General for Ireland: or at least, he did not at­tend.

2. Because 'twas a question of Fact.

Quia nullus ve­nit ex parte Regis ad sequendum pro ipso, qui verita­tem sciverit, ideo haec non potest ad examinationem; set magis expedit do­mino Regi, quòd in partibus Hiberniae, ubi feloniae praed. perpetrari debent, examinentur, & modo debito ter­minentur.Because no body who may know the truth, comes of the part of the King to prosecute for him: Therefore this cannot proceed to examination: but 'tis expedient for the King, that the said Felonies should be examined, and duly determined in Ireland, where the said Felonies are sup­pos'd to have been committed.

P. 133. However Mr. M. conceives it manifest, that the Jurisdiction of the King's Bench in England over a Judgment in the King's Bench of Ireland, dos not proceed from any subordination of one King­dom to the other; because the Judges in England ought, andP. 132. always do judg 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,

1. 'Tis evident that the Judges neither will, nor can judg accord­ing to any Law or Custom of Ireland, which is contrary to the Rules of our Law, or which has not been allowed there as no way prejudicial to the Law here: According to his instance of a De­claration P. 133. for an Acre of Bog, a word not known in England; but well enough understood in Ireland. Which I may answer with a paral­lel case lately adjudged in the Ex­chequer of England.

[Page 68] One having spoken scandalous welsh words in Wales, or in a part of England where the Welsh Tongue is used, was libel'd against in the Ecclesiastical Court there: Upon which the Court of Exchequer was moved for a Prohibition, because the Words were insensible, and of no signification: But no Prohibiti­on was granted, because they were understood where they were spok­en. And thus 'tis in relation to the particular Instances of Mannors, or inferiour Courts. Therefore,

2. By the same reason, that the judging according to the Law used in Ireland would imply, that there is no Subordination, 'twill follow that the Inferior Courts in Eng­land are not subordinate to the Courts of Westminster-Hall: and I may add, neither is the King's The ordinary Jurisdiction of the Lords, and the King's Bench, an in­cident to the Superiority of the Crown of England. Bench of England subordinate to the House of Lords.

As to the question of their Ju­risdiction, occasioned, as Mr. M'sP. 3. Margin has it, by the Case of the Bishop of Derry, I need say little here, referring him to the Judg­ment [Page 69] of the Lords, and to that ex­ercice of the Judicial Power, which I shall have an opportunity of shew­ing in the Reign of E. 1.

But as to his supposed clear Ar­gument against the subordination, P. 125, 126. Ro [...]. Parl. 8 H. 6. from the Lords doing nothing upon the Petition of the Prior of Lan­thony, who appeal'd to the Parlia­ment of England, from a refusal of the King's Bench here to meddle with a Judgment which had pass'd in the Parliament of Ireland:

'Twill admit of several Answers;

1. This came not before the Lords by Writ of Error, or by Appeal from the Lords of Ireland; but was a complaint of the King's Bench here.

2. This was after the Charter which I shall afterwards shew, placing a judicial Power to some Purposes in their Parliaments: But whether they exceeded that Autho­rity, 'twas not for the King's Bench to judg, but for that Power from whence their Charter was deri­ved.

[Page 70] 3. This Petition seems either to have come too late, or to have been waved: for if it had fallen under consideration, 'tis probable that some Answer to it could have been endors'd, as was usual in former times.

But that the ordinary Jurisdiction both of the Lords in Parliament, and of the King's-Bench here, is but an incident to the Superiority of the Crown of England, will be much clearer than any thing Mr. M. Of the Annexa­tion of Ireland to the Crown of England. has urged. And whatever Mr. M. conceives, the Annexation of Ireland to the Crown of England, will suffi­cientlyP. 41, 42. manifest the Subordination; tho he, supposing that this was done by the Irish Statute, which an­nexes it as a Kingdom, with others which declare it annex'd as a Land or Dominion of a lower Character, conceives ‘little more is effected by these Statutes, than that Ireland shall not be aliened or separatedP. 44. from the King of England, who cannot hereby dispose of it, other­wise than in legal Succession a­long with England; and that [Page 71] whoever is King of England, is ipso facto King of Ireland.

But if these Statutes, bating the name of Kingdom (which the Par­liament of England afterwards gave them) are only declaratory of the antient Right of the Crown of England; then I may well hold, that there is not so much effected by these Statutes, as he yields, it being only the operation of Law. And if by operation of Law a King of England, tho not suc­ceeding by a strict Right of Descent, but by the Choice or Declaration of the States of this Realm is ipso P. 127. P. 149. Vid. Davis Rep. f. 61. ci­ting 28 H. 8. c. 2. La coro­ne d' engleter­re en plusors auters Acts de Parl. est ap­pel. Imperial Crown, & la corone de Ire­land est ap­pendant, a ceo 28 H. 8. c. 20. & unite & knit al. Im­perial corone D' engleterre, 33 H. 1. c. 1. facto King or Lord of Ireland, I would gladly know how that King­dom or Land, which he owns to be thus inseparably annex'd to the Im­perial Crown of England, can be a compleat Kingdom? And since he is pleas'd to ask, whether multitudes of Acts of Parliament, both of Eng­land and Ireland, have not declared Ireland a compleat Kingdom? and whether 'tis not stiled in them all, the Kingdom or Realm of Ire­land?

[Page 72] I would entreat the favour of him, to shew me one Act of Parliament of either Kingdom, which says, or all Circumstances consider'd im­plies, that Ireland is a compleat King­dom: or that ever any Parliament of their own held it to be advanced to the Dignity of a Kingdom, before33 H. 8. c. 1. 33 H. 8. tho, as they acknowledg, the Kings of England had Kingly Power there long before.

I must own, that as the name of King was in H. 8's time thought re­quisite to charm the wild Irish into Obedience; so in Queen2 Eliz. c. 1, & [...]. 2. Eliza­beth's time, Imperial Crown was thought to make a conquering Sound: but this was never a­scribed to it by any Parliament of England [...] nor, that I can find, even of Ireland, before her Reign or since.

But the one Imperial Crown, up­on which Ireland has been, and still is, dependent, is the Crown of Eng­land: sor this the Statute of Ireland, before that was made a Kingdom, is express, having these words;

[Page 73] 28 H. 8. c. 2. Calling to our remembrance the great Divisions which in time past have been, by reason of seve­ral Titles pretended to the Impe­rial Crown of the Realm of Eng­land, whereunto this your Land of Ireland is appending, and be­longing.’

So another in the same Year. ‘Forasmuch as this Land of Ire­land 28 H. 8. c. 5. is depending, and belonging, justly and rightfully to the Impe­rial Crown of England; it en­acts, that the King, his Heirs and Successors, Kings of the Realm of England, and Lords of this said Land of Ireland, shall have and en­joy, annexed and united to the Impe­rial Crown of England, all Honours, Dignities, Pre-eminencies and Au­thorities, &c. belonging to the Church of Ireland.

P. 166. If Mr. Molineux observes duly, Ireland has all these Imperial Rights declared in the Irish Statute, 33 H. 8. c▪ 1. but I cannot find by what Rule he insers this from an Act of Parliament, which is express, that the King of England shall have the [Page 74] Name, Stile, Title and Honour of King of Ireland, with all manner of Preheminencies, &c. as united and knit to the Imperial Crown of the Realm of England.

Indeed it shews, that under the name of Lord, the King had the same Authority; but the name of King was thought likely to be more prevalent with the Irish Men, and Inhabitants within that Realm.

11 Jac. 1. c. 1. The Statute, 11 Jac. 1. declares him King of England, Scotland, France, and Ireland, by God's Good­ness, and Right of Descent under one Imperial Crown.

10 C. 1. Sess. 3. c. 3. And the Statute, 10 C. 1. calls this the Imperial Crown of Eng­land and Ireland: And indeed Mr. Molineux would do well to shew that ever any of our Kings took any Coronation Oath for Ireland, otherwise than as Kings of Eng­land.

And yet I know not what he may do when his hand's in; since he has the Art to transubstantiate their Recital of an Act of Parliament in England, which declares that [Page 75] Popes had usurped an Authority in derogation of the Right of the Impe­rial Crown of the Realm of England; recognizing no Superiour under God but only the King, and being free from Subjection to any Man's Laws, but only such as have been devised, made and ordain'd within the Realm of England; or to such other as, by sufferance of the King and his Progenitors, the People of the Realm of England had taken at their free Liberty, by their own Consent, to be used among them, and have bound themselves by long Custom to the ob­servance of the same; To infer that 'tis thus with Ireland, because the enacting part of that Statute which has this Recital is promulged for a Law in Ireland, is to suppose Ire­land to be turned into England; and that the Commissioners, who are by virtue of that Act and the GreatQ. Whether of England or Ire­land, neither being named. Seal, to exercise that Ecclesiastical Jurisdiction which the Statute in England placed in the See of Canter­bury, are become English Arch­bishops.

[Page 76] And with the like way of rea­soning he would infer, that Acts of Recognition in England are of no Force in Ireland, till the Irish have recognized the same King; and yetP. 55. confesses, ‘That whoever is King of England is ipso facto King of Ireland, and the Subjects are ob­liged to obey him as their LeigeP. 127. Lord: That they in Ireland are so annexed to England, that the Kings and Queens of England are by undoubted Right ipso facto Kings and Queens of Ireland. ToP. 157. use Mr. M's own Expression, I am sure there's an end of all Speech, if he does not confess, that a Prince right­fully possest of the English Throne, is thereby King of Ireland, before any Recognition made by a Parlia­mentP. 127. there: and yet not withstand­ing this generous Concession, he immediately subjoins;

‘And from hence we may rea­sonably conclude, that if any Acts of Parliament made in Eng­land should be of force in Ireland, before they are receiv'd there in Parliament, they should be more [Page 77] especially such Acts as relate to the Succession and Settlement of the Crown, and Recognition of the King's Title thereto, and the Power and Jurisdiction of the King. And yet we find in the Irish Statutes, 28 H. 8. c. 2. An Act for the Succession of the King, and Queen Ann. And another, c. 5. declaring the King to be su­preme Head of the Church of Ire­land. Both which Acts had for­merly pass'd in the Parliament ofP. 128. England. So likewise we find amongst the Irish Statutes, Acts of Recognition of the King's Ti­tle to Ireland in the Reigns of H. 8. Queen Elizabeth, King Charles 2. K. William and Q. Ma­ry: by which it appears, that Ire­land, tho annexed to the Crown of England, has always been look'd upon to be a Kingdom compleat within it self, and to have all Ju­risdiction to an absolute Kingdom, belonging, and subordinate to no Legislative Authority on Earth. Tho 'tis to be noted, those Eng­lish Acts relating to the Suc­cession [Page 78] and Recognition of the King's Title, do particularly name Ireland.

Before I enter into the enquiry how this can be made consistent with a Kingship ipso facto before the Recognition in Ireland; 'twill be re­quisite to inform him, that we have had Settlements of the Crown by Acts of Parliament here, which ne­ver were formally received by any Parliament in Ireland; and yet such Act of Parliament here has ever been held to bind Ireland, tho 'twas not expresly named; and that tho the Settlement has carried the Crown from the elder Branch of the Royal Family: for instance, 7 H. 4. at the request of the LordsVid. the print­ed Statute-Book ending with R. 3. and Reflections up­on a treasonable Opinion against signing the As­sociation. and Commons in Parliament, 'twas enacted, ‘That the Inheritance of the Crown and of the Realms of England and France, and of all other the King's Seigniories or Lordships beyond Sea, with the appurtenances, be put and remain in the Person of the said King, and the Heirs of his Body issuing; and 'twas ordain'd, esta­blished, [Page 79] pronounced, expressed, and declared, that Prince Henry, the King's eldest Son, be Heir ap­parent, to succeed him in the said Crown, Realms, and Seignio­ries; to have them with all their Appurtenances, after the King's decease to the Prince and the Heirs of his Body; with Re­mainders over, to the King's 2d and 3d Sons, and the Heirs of their respective Bodies succes­sively.’

In the beginning of the Statutes of H. 7. in French. And according to this Form 1 H. 7. ‘'twas ordain'd, established, and enacted, by Authority of Parlia­ment, that the Inheritances of the Crowns of the Realms of England and France, with all the preheminence and dignity Royal to the same appertaining, and all other Seigniories belonging to the King beyond Sea, with the Appurtenances in any manner due to them, or appertaining, do stand and remain in the most no­ble Person of their said Sovereign Lord H. 7. and the Heirs of his Body lawfully issuing for ever, [Page 80] with the Grace of God to endure, and in no other Persons.’

Not to trouble Mr. M. with an enquiry, whether these, or any other Acts of Parliament in England of for­mer Reigns, united Ireland to Eng­land, otherwise than as they declared their intention for that Seigniory, or Dominion, to go along with the Go­vernment of England; or what Act of Parliament in Ireland, since the first submission to H. 2. created an Annexation of the Land of Ireland to the Crown of England; I must entreat him to explain,

How it should come to pass, that the King of England, ipso facto, by his being made King here, is King of Ireland; and yet that those Acts of Parliament here, by which the King is declared King, without and against a strict courst of descent, areP. 127. of no force till the King is recog­nized by Act of Parliament in Ire­land?

If a King of England, as such, is ipso facto King of Ireland, is he not so before any Act of Recogni­tion there? And if so, what can [Page 81] that, or other Acts repeating the Laws made in England, signify more, than a full publication of what was the Law before?

If the Election, or Declaration of a King, by a Parliament in Eng­land, gives a Law in this matter to Ireland; and such a King is to be obey'd by virtue of that Law, ipso facto, before he is received and ac­knowledged by a Parliament in Ire­land; do their subsequent Recogni­tions in the least infer that Ireland is a compleat Kingdom?

P. 128. Is it any better than a Contra­diction to hold, that a King of Eng­land, as created or declared in a Parliament of England, is thereby, or at the same instant, King of Ire­land; and yet that Ireland is a King­dom so compleat in it self, that he is no King till the Act of Parlia­ment creating or declaring him King, is confirm'd by a Parliament in Ireland? Or take it the other way;

No Act of Parliament in England is of any force till confirmed in Ireland; and yet a King declared by a Parlia­ment of England, tho he was not [Page 82] King before such declaration, is there­by, or ipso facto, King of Ireland: that is, an Act of Parliament of Eng­land is not of force in Ireland till con­firm'd there; and yet 'tis of force ipso facto by the being enacted here.

Does it not therefore follow, that such an annexation of Ireland to the Crown of England, as makes the King of England, ipso facto King of Ireland, destroys the supposition that their Parliaments have Autho­rity to confirm or reject Laws made by the Legislature in England? Or otherwise, that the supposition of such an Authority in the Parliament of Ireland, destroys that annexati­on which Mr. M. himself yields?

Further yet 'twill appear, that, even after a Parliament of Ireland had, as far as it could, annex'd that Land, as a Kingdom, to the Imperial Crown of England; an Annexation here was requisite, for the ratifying what had been done in Ireland.

Stat. 34 & 35 H. 8. c. 3. Therefore, 34 and 35 H. 8. an Act was made by the Parliament of England, for ratification of the King's Majesty's Stile; by the King, [Page 83] 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 'tis 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 ex­tinguishing1 Eliz. c. 1. all usurped, and Foreign Power, and Authority, Spiritual and Temporal, which had been used with­in this Realm, or any other her Maje­sty's [Page 84] 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,P. 83. that this was of no force [Page 85] 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.

[Page 86] 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, 'twill 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.

The Power of England not departed from, but duly exer­cised. 3dly, 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 'tis strengthned and confirmed, by long exercice and submission to it.

[Page 87] P. 57 & 58. 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.’

P. 62. 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 IrelandP. 63. 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 P. 40. 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 [Page 88] 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 aVid. Bened. Ab. in Bib. Cott. & al. Author. 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 'twas, in relation to the constituting John King of Ireland, [Page 89] 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, grantsDavis Rep. F. 64. b. 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 haveP. 148. it, to John, and that thereby 'twas made an absolute Kingdom, separate and wholly independent on England; The Tenure must have been of John and his Heirs.Vid. leges W. 1. de [...]ide▪ &c. Regi do­mino [...]uo. 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 [Page 90] of Ireland, design'd him no more than a subordinate and vicarious Authority; 'tis plain he himself did not think he had more: in the Seal which he used, he stiled himself Son Vid. Sand­ford's Genealo­gical Hist. re­ferring to a Charter in the Cotton Libra­ry. of the King, Lord, or who is Lord, of Ireland. Nor is there the least footstep of any CoronationSigillum Jo­hannis filii Re­gis, domini Hiberniae. Oath taken by John as King of Ire­land; or that he ever wore an Irish Crown.

P. 41. Notwithstanding that share in the Government of Ireland which John had in his Father's life-time; Ireland upon the Father's death fellVid. Sandford, sup. 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, byPolidore Virg. f. 255. Habito concilio, &c. de concilii sen­tentia honori­bus at (que) fortu­nis privatus. Thorn. int. decem. script. col. 1868. Fuit citatus, accusa­tus, & judicio coram paribus suis per eos legitimè tan­quam proditor condemnatus. Mat. Par. Ad­dit. f. 281. 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 [Page 91] this shews how rightly Polidore judged, in calling himIb. F. 236. Oxoniam pro­fectus, &c. Johannem fil. totius Hiber­niae regulum facit. Regulus, or Viceroy.

I will therefore admit Mr. M's suppo­sal, that R. 1.P. 41, 42. 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 9th of his Reign, heRot. [...]t. 9. J. p. 1. m. 2. n. 8. Ad voluntatem & consilium dilector. & fi­delium nos­tror. Com. W. Maresc. & Walt. de La­cey & al. Bar▪ nostrorum Hi­berniae, qui nobiscum fue­runt in Angl. & per consili­um fidelium nostrorum in Angl. Quod latrones Hi­bern▪ expel­lantur de terra nostrâ Hibern▪ &c. 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 [Page 92] 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 heAnnales de Margan. Ann. 1210. Jo. 11. f. 14. Hostibus ex voto subac­tis. entirely subdu'd his Enemies; andVid. ib. de Lacy Com. ultorum W. de Breusa Walt. de Lacy, &c. Fecit con [...]isca­ [...]i omnia bona proscriptorum Principium quae multa fu­erunt in Angl. in Wal. & Hibernia. 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, ThatPat. 30. H. 3. m. 1. Quod omnes leges & con [...]uetudi­nes quae in Regno Angl. tenentur, in Hibern. tene­antur, & [...]adem ter. eisdem legi­bus subjaceat, & per easdem regatur, sicut dominus R. J. cum ultimo esse [...] in Hibern. statuit & fieri mandavit. 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. P. 58. takes a regular Le­gislature to have been established among them: Therefore according to himself, we must repute them to have submitted, not [Page 93] 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, P. 54. 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 'tis not depen­dent upon the Crown of England; so excellent a faculty has he of making con­traries serve his purpose. But 'tis 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 Vid. Rot. Car [...] ▪ 16. Johannis. Rex Angliae, Dominus Hi­bern. Dux Norm. & A­quitaniae, Co­mes Audegav. 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.

Rot. claus. 18 H. 3. m. 27. In the 18th of his Reign, upon mat­ters signified to him out of Ireland, he summoned the Archbishops, Bishops, Earls, [Page 94] Barons, and all the great Men, or Nobi­lity of the Kingdom of England, toRegni nostri Angl. a Parliament at London, to treat about the State of his Kingdom, and of his Land of Ireland.

And in the 21Rot. Pat. 21 H. 3. m. 10. of his Reign, he sends a Writ to the Archbishops and othersAd tractan­dum nobiscum ibidem super his & aliis statum nos­trum, & terrae nostrae Hi­bern. tangen­tibus. 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.

InRot. Claus. 37 H. 3. m. 15. Firmiter ad fi­dem & serviti­um nost. & prae­decessor. nos­trorum Re­gum Angl. ad conquestum una cum Ang­licis faciend. super Hiber­nienses. the 37th 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 theVid. Sir John Davis de Tanistry. Law, and Custom of Ireland, as to those particular Persons, without any Act of Parliament there.

Indeed, but four years after 'tis41 H. 3. m. 11. re­corded, that 'twasDudum. long before, andMultis re­troactis tem­poribus, which Mr. Pryn by mistake has omnibus. many Ages past; which must reach beyond the Expedition of H. 2. provided [Page 95] 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 theOmnibus Anglicis terrae Hibern. English of the Land of Ireland. However 'tis 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,Rot. Pat. 18 H. 3. sup. Rex vult ut de communi consilio Regis provisum est quod omnes leges, &c. 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 Council, it must have been provided, will more fully ap­pear afterwards, I may here explain it by an Instance in that Reign.

All must agree, that the Provisions of Oxford, in the 43d of H. 3. and referr'd to in the Records of the next year, were made in as true a Parliament as a­ny in that Reign before the 49th: 'tis call'd aAnnales Monast. Bur­ton. f. 411. Parliament by good Authors, and the word is used in the Records of the nextRot. Claus. 34 H. 3. m. 7. d. year, in relation to a meet­ing on the Borders of Wales. TheAnnales Burton, sup. In eod. Parl. apud Oxon. xxiv. electi, viz. xii. ex parte domini Regis, & totidem ex parte commu­nitat [...]s. Ordinances and Provisions made at Ox­ford, were drawn up by 12 chosen by the King, and 12 by the Commons; concerning which the Record has these words,

[Page 96]
Rot. Claus. 44 H. 3. m. 18. do [...]so.
Anno ab incarnat. domini 1259. Reg­ni autem H. Regis fil. Regis J. 43. in quindena St. Mic. conven. ips. domino Rege & magnatibus suis, de communi consilio & consensu dictor. Regis & magnatum, factae sunt provisiones per ipsos Regem & Magnates.
In the year from the incarnation of our Lord 1259. but of the Reign of K. Henry, Son of K. John, the 43d, the said King and his great Men, being assembled in the Quinzism of St. Michael, Provisions were made by the Common Council, and consent of the said King, and great men.

And yet some of the Entries in the same Roll, mentioning Provisions then made, are,Rot. Claus. 44 H. 3. dors. m. 18. per magnates nostros qui sunt de consilio nostro, ‘By our great Men of our Council.’ Others,Ibid. Per magnates de Consilio meo, ‘By the great Men of our Council.’ As if 'twas by the sole Authority of the King, and such noble Men as were of his Privy or Private Council; whe [...] those Provisions were certainly made in full Parliament: and this was the Council from whence Ireland then receiv'd its Laws.

Object. However from a Charter in the first of that King's Reign, Mr. M. would in­fer, that the English there had their in­dependent P. 45. Parliaments then established, or confirmed, tho he afterwards admits, that during that King's Reign they [Page 97] might have been bound by Laws made here for want of a P. 58. regular legislature establish'd amongst them.

TheP. 47. Pat. 1. H. 3. m. 13. intus. Charter, or rather Writ with which a Charter was sent, runs thus.

Rex▪ Archiepisc. Episc. Abbatibus, Comitibus, Baroni­bus, Militibus & omnibus fidelibus suis per Hiberniam constitutis salutem. fidelitatemvestram in Domino com­mendantes, quam Domino Patri no­stro semper exhi­buistis, & nobis e­stis diebus nostris exhibituri; volu­mus quòd in sig­num fideli [...]a [...]is ve­straetam praeclarae, tam insignis, liber­tatibus Regno no­stro Angliae à patre nostro & nobis con­cessis, de gratiâ no­strâ & dono, in Re­gno Hiberniae gau­deatis; quas distin­ctè in scriptum re­ductas, de'commu­ni consilio omnium fidel. nostrorum vo­bis mittimus, signa­tas Sigillis Domi­ni nostri G. Aposto­licae sedis Legati, & fidelis nostri Comi­tis Mareschalli, Re­ctor is nostri & reg­ni nostri; quia sigil­lum nondum habu­imus, easdem pro­cessu temporis de Majori consilio proprio Sigillo sig­natur.

Teste apud Glost. 6. Feb.

The King to the Archbishops, Bishops Earls, Barons, Kts. and all our faith­ful Subjects consti­tuted throughout Ireland, Health. Commending your fidelity in the Lord which you always shewed to your Lord our Father, and are about to shew to [...] in our days; we will that in sign of your fidelity [...]o re­markable, so eminent you enjoy in our Kingdom of Ireland, the Lib [...]rties gran­ted to our Kingdom of England▪ by our Father & us; which, distinctly reduced into Writing, we send you, by the Common Coun­sel of all our faith­ful People: Sealed with the Seals of the Lord G. Legate of the Apostolick See, & of our faithful Sub­ject W. Earl Mar­shal Regent of us and our Kingdom; be­cause we have not yet a Seal, intending in process of time by consent of a greater Counsel to seal them with our own Seal.

Teste at Gloster, 6. Feb.

Ans [...]. How specious soever this may seem, 'twill neither prove Ire­land to have been a Kingdom so early, nor to have had a grant of the English Liberties, in the same manner as the English enjoyed them; that is, so as to have no Law imposed upon them without [Page 99] their express and immediate consent, to that very Law. For,

1. 'Tis not to be suppos'd, but that if Ireland had been a King­dom before this Charter, H. 2. and other Kings of England would have stiled themselves Kings of Ireland, rather than Lords, because of the greater Dignity of Kingship; un­less Lord was chosen as implying more absolute Power; which would argue that Ireland did not enjoy the English Laws with equal Freedom.

2. This Writ mentions no Li­berties granted to Ireland, but what had beenRegno no­stro Angl. con­cessis. granted to England; which besides the impro­bability that Ireland should 1 H. 3. have a Charter of theP. 45. same form with that which did not pass in England till 8 Years after, shews the spuriousness of the suppos'd Charter preserved in theP. 46. red Book of the Exchequer at Dublin, as da­ted the November before the Char­ter sent the 6th. of February: and however, the constantVid. Inf. temp. E. 1. & deinceps. method of sending Laws from hence to [Page 100] be applyed to the use of the Irish, without any alteration; may suffi­ciently detect that Charter, whichP. 45. has the City of Dublin instead of London.

3. The method of sending to Ireland the Laws made here, be­sides what appears upon the face of the Record 6. Feb; may sa­tisfie any Body that 'twas only a Writ which went along with a Charter or Charters of Laws, pas­sed in Parliament here.

4. This Writ was before any confirmation of the English Liber­ties by H. 3. other than general at his Coronation; and therefore bating such Confirmation, the Charter of Liberties then sent in­to Ireland, must have been King John's which (if it be read ac­cording to the due distinction of Periods, and that Translation which the course of Records both before and after enforces, and which the prevalence of Truth has obliged Dr. Brady to yeild, to the giving up his whole Contro­versie with Mr. Petyt, and the Au­thor [Page 101] Brady's Ap­pend. to his com­pleat History f. 131. And shall have the Com­mon Advice of the Kingdom concerning the Assessment of their Aids. of Jani Anglorum Facies No­va) makes express Provision for the City of London, all Cities, Bur­roughs, and Vills of the King­dom of England, to enjoy all their Liberties and Free-Customs, and, among the rest, to be of, or to be represented in, the Common Council of the Kingdom.

But Ireland had no City of London to claim this Privilege; nor could any City of Ireland be included, any otherwise than as part of the Kingdom of England, and there­fore subject to the Laws which should be made here.

2. This could not be as exten­sive to Ireland as 'twas to Eng­land; since it could not have ex­tended beyond the English Pale there, and such particular Districts as enjoy'd the English Laws, of spe­cial Favour.

Therefore the Charter then sent by H. 3. could, as to this Matter, be no more than a Memori­al of that Supreme Law, according to which, England, with all the Dominions belonging to it, was [Page 102] to be Governed, and an assurance that they should have no Laws imposed upon them, in any other manner, than upon such of the English here, as had no Votes in the making Laws. But one end at least of the sending over that Charter must needs have been, suitable to the declared end of aF. 52, 53. Claus. H. 3. m. 8. Subsequent sending King John's Charter, when the Justice of Ire­land was required to Summon, not only the Great Men, but the Free-holders of every County, who after the Laws had been read to them, were to swear to the ob­servance of them; beside which they were to be Proclaim'd in the several Counties.

5. Admit the Charter sent to Ireland 1. H. 3. had given the I­rish Liberty to hold Parliaments, with Representatives from all parts of that Land, according to the English Form; This Liberty was derived from a Convention of the States of the Kingdom of England, or Parliament, in the Minority of a King, who had no Judgment [Page 103] of his own; was under the Government of a Subject whom the States had set over him and the Kingdom; and that King was manifestly Chosen by them, to the setting aside Eleanor, who had the Right of Descent as far as that could avail: So that, the King could have no pretence to the i­maginary divine Right of Succes­sion; and therefore that Charter must have been derived from the Grant of the People of England. And besides, the Record shews that this, tho' sent by the advice of all the King's faithful People, was thought to want some For­mality to make it a Parliament: the Assembly in which it was ad­vised, being held by a Regent, may be thought to have occasioned the reference to a greater De Majo­ri consilio. or more solemn Council: However, such reference shews, that 'twas not their Intention to be conclu­ded by what was then done; and when a Charter isVid. Rot. Claus. 12. H. 3. 8. De legi­bus & consue­tud. observan­dis in Hib. Ci­ted p. 52, 53. afterwards sent over in full Form; then there's not a word of Concession, but an [Page 104] absolute Command, that the Laws be publish'd and obey'd.

However, take the Charter sent them 1. H. 3. in the utmost ex­tent imaginable, 'tis not to be thought, that while the English Parliament gave those of the Eng­lish Pale, or others in Ireland, Li­berty to hold Parliaments, they di­vested themselves of that Autho­rity by which they gave such Li­berty.

To use the Words of the great Man Grotius,

Grot. de Jure belli & pacis.
Se, per modum legis, id est, per mo­dum superioris▪ ob­gare nemo potest. Et hinc est, quod legum Auctores habent jus leges suas mutandi. Po­test tamen quis ob­ligari suâ lege, non directè s [...]d per re­flectionem ex aequi­tate naturali, quae partes vult compo­ni ad rationem in­tegri.
No Man can bind himself by way of Law, that is as a Su­p [...]rior. And hence [...]tis, that Law-ma­kers have Right to change their Laws. Yet one may be bound by his own Law, not directly, but by re­flexion from natural Equ [...]ty, which re­quires the parts to be compos'd with re­spect to the whole.

[Page 105]6. Admit the Charter sent 1. H. 3. being by consent of the States of the Kingdom of England, should be ta­ken for an absolute departure from Power before vested in them; then it ought to be taken Stricti [...]juris, and to confer no Rright beyond what is express'd: And there­fore,

1. The Men of Ireland had a Grant only of such Liberties as were sent themQuas di­stincte in Scri­ptum reductas. distinctly re­duced into Writing: And unless the usual Practice of sending over the Laws made here be taken to ex­plain this, or they shew the very Charter then sent; 'tis to be sup­posed, that only such Liberties were Expressed and Granted them, as were proper for an Appendage to the Crown of England.

2. If all King John's Charter were sent them, (which I may well admit, according to the ex­planation of the following usage;) unless they can prove, as we can here, that before that time they had Common Councils of all the Land of Ireland, for all Matters [Page 106] (b) Quz om­nes tangunt ab omnibus tra­ctari debent. of Publick concern, and that the Maxim here had obtain'd there; Those things which concern all, ought to be treated of by all; the only end of Common Councils of the Kingdom of England, expres­sed in King John's Charter, being in relation to the principal Grie­vance about the raising of Aids to the Crown; the Grants to I­reland could extend no further, than a Liberty to have such a Council for the raising Aids.

And there's no doubt, but more Money may be rais'd by such Na­tional Consent, than can be in the most Arbitrary way: which a­bates the force of the Argument, from H. 3. his desiring the Arch­bishops, Bishops, Abbots, Priors, (c) P. 50, 51. 3. H. 3. Earls, Barons, Knights, Freemen, Cities, and Burroughs of the Land of Ireland, to Aid him as much as they could, with Men and Money.

And hence, tho' 'twould have been no breach of King John's Charter, for the King to raise Aids of his Tenents in Chief, for mak­ing [Page 107] his Eldest Son a Knight, with­out calling for them to any Coun­cil; that being one of the excep­tions out of the Liberties expres­sedRot. Pat. 37. H. 3. pars 2. m. 10. in that Charter; yet H. 3. writ to the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, and all his Freemen of the Land of Ireland, intreating them to give him such an Aid.

6. After all, to shew how little there is in his mighty Argument from the Writ 1. H. 3. Let him take his choice, either that the English in Ireland had a Parlia­ment, granted, or confirmed to them by the Charter sent along with the Writ 1. H. 3. or they had not.

If they had, then those Laws which were made here after such Establishment, in pursuance of the desire of them from Ireland, shew that neither the Parliaments of England, nor they of Ireland thought they had any Power to make Laws there. If there was no Grant or Confirmation of any Parliament there, then the Con­cession [Page 108] of English Laws and Li­berties, was no more than a De­claration, that they should be go­verned by the Laws made, and to be made by Parliament in England, or receiv'd there by the consent of the People, giving Force and Authority to their own approved Customs.

But since after all Mr. M.'s learned Flourishes about the Set­ling of Parliaments in Ireland, byP. 58. the Modus sent over in the time of H. 2. and subsequent Grants; he admits that under the 3 Kings, H. 2. King John, and H. 3. and their Predecessors, we must repute them to have submitted to the Laws made here in those Reigns, for want of a regular Legislature establish'd among them; And since, whate­ver he admits, there's no Colour of such an Establishment by the end of H. 3. Let's see what can be found in the next Reign.

E. 1. having in his absence from England upon the Death of H. 3. his Father, been Elected and De­clared King of England, in a full [Page 109] Convention of the States of this King­dom; Of the Authori­ty of the par­liaments of En­gland, exerci­sed over Ire­land in the time of E. 1. in aRot. Claus. 1. E. 1. m. 20. De conserva­tione pacis in Hibern. Writ sent by those States to Ireland, 'tis affirm'd, that the Government of England, and the Dominion or Lordship of the Land of Ireland, belonged to him by Hereditary Succession; not that he was held to be King by a meer Right of Descent, but as theHaeredita­rio judicio. Ri­tual of the Coronation of H. 1. and the Writ for Proclaiming the Peace of E. 1. in England, and Au­thors of the time shew, the Ele­ction of the States of England pla­ced him in theClaus. 1. E. 1. m. 11. Quia defuncto jam celeb [...]is memoriae Dom. H. Patre nostro ad nos reg [...]i guberna­cu [...]um succes­sione haeredi­tariâ ac P [...]oce­rum regni vo­lu [...]tate & [...]ide­litate nobis p [...]aestit [...] sit de volutum. Inheritance of the Crown: therefore the States of Eng­land declare to the Subjects of Ire­land, that they were bound to take the like Oath of Allegiance as the English had done; and this is re­quired of them by the States here, under the Great Seal of England: nor is there colour to believe, that there was any Summons to Ireland for any from thence to come to that Con [...]ention; nor indeed, was there time for such Summons and return, before that meeting; not­withstanding Mr. M's assertion of [Page 110] this Reign in particular,P. 96. that the Laws made in England and binding them, were always enacted by their proper Representatives; meaning, Representatives chosen in Ireland: the reason for which he there brings from supposed instan­ces in the Reign of E. 3. seeming not to rely upon his Quotation from the White Book of the Exche­quer in Dublin but the Page be­fore, which 9 E. 1. mentionsP. 95. Sta­tutes made by the King at Lincoln, and others at York, with the assent of the Prelates, Earls, Barons, and Commonalty of his Kingdom of Ireland. Which, if it implyed the presence of the Commonalty of Ire­land, would be an Argument, that all their Rights were concluded by the Tenants in chief, who had Lands in Ireland, but were Members of the English Parliament by reason of their Interest here: but in truth, this shews no more than that, at the request of those of Ireland, the Parliament of England had enacted those Laws; and the Record in their white Book is only a Record of the [Page 111] transmission from hence; and proves that, suitably to the practice both before and after that time, they in Ireland had no Parliaments for enacting Laws, but were forc'd to Petition to have them enacted here; and what was enacted upon their Petition was truly with their Assent. But then the Question will be, whether in the Laws made in that King's Reign with intention to bind Ireland, their Consent is generally expressed, or implyed, any otherwise than from the na­ture of their former submission to be govern'd by the English Laws. But if our Acts of Parliament, and Records concerning them, are clear in any thing, they certainly are in this, that the Parliament of England then had, and exercis'd, an undoubted Right of binding Ireland, without their im­mediate consent by any Representa­tives chosen there: Mr. M. indeed, (tho' as I have before observ'd, he admits that Ireland was bound by Acts of Parliament here, till the end of the Reign of H. 3. for P. 58. [Page 112] want of a regular legislature among themselves; yet, suitably to his usual inconsistencies, upon the en­quiry, where,P. 63. and how, the Statute Laws and Acts of Parlia­ment made in England since the 9th. of H. 3. came to be of force in Ire­land) will have it, that none of them made here, without Repre­sentatives chosen in Ireland, were binding there,P. 64. till receiv'd by a suppos'd Parliament 13 E. 2. yet it falls out unluckily, that they have Statutes in Print 3 E. 2. which speak not a word of Con­firming the Laws before that time made in England; and yet no Man will question, but Statute Laws of England made in the Reign of E. 1. were a Rule which the Judges in Ireland went by, before the time of E. 2. And that all Judgments given in Ireland contrary to any Law transmitted thither, under the Great Seal of England, must, upon Writs of Error, have been set aside here as Erroneous.

But let's see whether our Par­liaments in the time of E. 1. had [Page 113] such a defference to the Irish Le­gislature, or that the English in I­reland then made any such pre­tensions as Mr. M. advances.

If we Credit Judge Bolton, our Statute Westm. 1st. which was 3 E. 1. was first confirm'd in Ire­land 13 E. 2. and till then, accord­ing to Mr. M.'s Inferences from their receiving or publishing Laws made here, that Statute was of no force in Ireland, beingP: 99 Be­fore the Year 1641. there was no Statute made in England In­troductory of a New Law, &c. In­troductory of a new Law in several particulars; as among other things, in Subjecting Franchises to be seiz­ed into the King's Hands for de­fault of pursuing Felons, and in Enacting, not only the Imprison­ing and Fining Malefactors in Parks, and Vivaries, but forcing them to Abjure the Realm, if they could not find Sureties for their good Behaviour.

This Act does not Name Ire­land, but the King Ordain'd and Establish'd it by His Council, and by the assent of the Archbishops, Bishops, Abbots, Priors, Earls, Ba­rons, and all the Commonalty of [Page 114] the Realm thither Summoned; for the mending the Estate of the Realm, for the Common profit of the holy Church of the Realm; and as Profitable and Convenient for the whole Realm.

However that Ireland, as part of the Realm, was bound by this Law, and by other Laws made 11, 12, and 13 E. 1. without any regard to Parliamentary Confir­mations in Ireland; and that for enforcing Obedience to those Laws, 'twas enough to send them thi­ther by some proper Messenger, under the Great Seal of England, if not without, appears by the Proceedings of the Parliament at Winchester, holden the Oct. after the Parliament of Westim. 2.P [...]yns A­nimad. f. 256. 13. E. 1. m. 5. [...]e Statutis li­beratis. Et Rot. Stat. Mem. quod, &c. ‘Mem. that on Friday in the Feast of the Exaltation of the Holy Cross, in the 13th. Year of the King, at Winchester there were deliver'd to Roger Br [...]ton, Clerk to the Venerable Father William, Bishop of Water­ford, then Justice of Ireland, cer­tain Statutes, made and provi­ded [Page 115] by the King, and His Coun­cil, viz. The Statutes of West­minster, made soon after thePrynn omits Regis which is in the Record. King's Coronation, and the Sta­tutes of Gloster, and those made for Merchants, and the Statute of Westm▪ provided and made in(b) In Hiber­niam deferen­da & ibidem proclamanda & observands. the King's Parliament at Easter; to be carried to Ireland, and there to be Proclaimed and Observed.

It appears that among the Sta­tutes delivered to the Chief Justices Clerk, in order to their being pub­lished and observed in Ireland, one was the Statute concerning Mer­chants 12. E. 1. for the enforcing and improving a Statute made at Acton Burnel 11. of that King; that of Acton Burnel provides a re­medy for Debts to Merchants, to be had by calling the Debtor before the Mayor of London, York, or Bri­stol, or before the Mayor, and a Clerk to be appointed by the King: which, as it seems, 'twas intended that the King should have Power to appoint, in other Cities or Towns within his Kingdom: Accordingly, the Statute 12. E. 1. says, the King [Page 116] had commanded it to be firmly keptEn tout [...]on Royaume. throughout his Realm: and that Parliament 12. for declaring or explaining some of the Ar­ticles of the former Statute, names the Mayor of London, or the Chief Governour of that City, orOu de au­ter bon ville. of other good Town: This Statute ex­presly Ordains and Establishes, that it be thenceforth held throughout the King's Per tout [...]on Royaume D'Engleterre & D'Irland. Realm of England, and of Ireland: And it enacts the form of a Writ upon that Statute; which was to be current in Ireland upon several accounts. 1. By the Let­ter of that Law, which was or­dain'd for the Benefit of Merchants in Ireland, as well as in England. 2. If it had not been named, the being transmitted to Ireland from a Parliament here, was a sufficient ground for their observing it. 3. Such observance was included in the terms of their Submission, a­bove one Hundred Years before. 4. The Writ, without any particu­lar Provision, became a legal and current Writ in Ireland, by virtue [Page 117] of an Act of Parliament here, 30 H. 3. which,Prvnn's Animad. f. 254. 30 H. 3. m. 1. Quia pro com­muni utili­tate terrae Hi­berniae & uni­tate terrarum Regis Rex vult ut de commu­ni consilio Re­gis provisum est. for the common Profit of the Land of Ireland, and u­nity of the King's Lands, provided, that the Common Law Writs should have the same currency in Ireland, that they have here.

Without enquiring what Re­cords they have in Ireland, of Sta­tutes Staple from the 13th of E. 1. when this Statute which settled them was sent thither; 'tis certain, that from that time the English in Ireland were bound by it, and so held to be inVid. 28 E. 3. & 43 E. 3. c. 1. subsequent Sta­tutes of this Realm, confirming this Statute, or supplying its defects.

But what pity 'tis, that neither Judge Bolton, nor Mr. M. thought of an Act of Parliament in Ireland to confirm that Statute 12 E. 1. This was enacted in the Year 1284. which was above 350 Years before that fatal Aera of InnovationsP. 99, 103, 105 1641; from whence it seems Cala­mities of all kinds are to be dated. But, I should think, here is at least one positive Precedent before that time, of an English Act of Parlia­ment's [Page 118] binding the Kingdom of Ire­land.

And to me it seems as plain, that in the Judgment of the Par­liament 13 E. 1. Ireland, tho not named, was bound by a Statute made here; for which I shall refer him to the Interpretation then made of the extent of the Statutes of Gloster, which had been enacted in the 6th. of that King's Reign.

Some would thinkStat. of Gloster 6. E. 1. those Sta­tutes to have been no more than Ordinances, made by the King and his Counsel only: and that our Kings thus made Ordinances of that kind, some may gather from Fleta, (b) Habet Rex consil. suum in Parl. suis. who speaks of the King's Counsel, in which, not only erroneous Judg­ments were corrected, but new Remedies provided; yet Fleta speaks this of the King's Counsel in his Parliaments: and thus, tho' the Statute of Westm. 2.Some Sta­tutes made by the King, the Prelates, Earls, Barons, and his Council. seems to restrain the making that of Gloster to the King and his Council, the Statute of Gloster it self shews that the Counsel was to be taken, as acting in conjunction with the [Page 119] Prelates, Earls, and Barons, and that under the word Barons the Commonalty were included as as lower Nobility, or dignified by their Election to Parliament; ac­cordingly the Statute of Gloster says suitably to latter Writs of Sum­mons, the3. Inst. & Rot. Stat. de temp. E. 1. E. 2. E. 3. Appellez les plus discres de son regne, ausibien des g [...]eindrescome des meindres. more discreet of the Kingd. as well Great as Small were Summon'd: So that the Statutes of Gloster were made as other Sta­tutes 3 E. 1. by that King's Coun­sel, and by assent of the Commonalty; where the Lords were manifestly included under the wordper soncon­seil, & per as­sentement des tout la Com­monalty. Counsel, agreeably to the ancient form ofVid. Regi [...]. Brev. ed. An. 1531. f. 17. Quod siat coram nobis & consilio nostro in Parl. nostro un. Rot. Claus. 17. E. 1. pars m. 8. Ad prox. Parl. post festum Paschae, ut tunc inde Rex f [...]ci [...]t quod de consi­lio suo duxe [...]it ordinandum. Writs of error, or other Writs re­turnable into Parliament, before us, and our Counsel in our Parliament, or, at our next Parliament after, or at such a time, there to do what the King shall think fit to ordain, by advice of his Counsel.

For evidence that this did not exclude the Lords, I may refer to [Page 120] the Ro [...]s of Parliament of several Reigns, and particularly to those of the 20th. and 21st. of E. 3. In the 20th. theRot. Parl. 20. E. 3. m. 11. Commons are desi­red to deliver such Petitions as were then ready, to the Clerk of the Parliament; which Petitions are said to be brought before the Great Men of the Counsel. That they were but of the nature of a Com­mittee to inform the King, and Lords, of the Bills or Petitions which came from the Commons, appears by the Proceedings of the next Year; when the Commons having(b) Rot. Parl. 21, E. 3 m. 9. s [...]avisera ove les Grants. made Petitions of an extraordinary nature, the King answers,Rot. Stat. temps E 1. E. 2. E. 3. Pur le amendment, de son Roy­aume & pour plenere exhi­bitionde droit, si come le pro­fit de office re­gal demand. He will advise with the Lords. To re­turn to the Statute of Gloster, there the King by such advice as I have shewn, made Laws for the amendment of his Realm, and for the plenary exhibition of Right, as the profit of the Regal Office requires; and to remedyVid. the Stat. 3. Inst. mischiefs, dammages, and dis­herisons, suffer'd by the People of the Realm of England; without the least mention of Ireland.

[Page 121] And yet we have the judgment of the Parliament in the 13th. of that King, that Ireland was within the remedy of that Statute, as part of the Realm of England, as appears by this Preamble.West. 2. 13. E. 1. Ann [...] 1285. Printed Stat. ‘Where of late our Lord the King in the Quinzisme of St. John Baptist, the Sixth of his Reign, calling toge­ther the Prelates, Earls, Barons, and his Counsel, at Gloucester; and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had, there was none provided by him nor his Predece [...]sors; ordained cer­tain Statutes, right necessary(b) Stat. ed. An. 1529 Quae­dam statuta [...] opulo [...]uo valde▪ necessa­ria ucilia edi­dit, per quae populus [...]uus Anglicus & Hybernicus suo regimine gubernatus. and profitable for his People, whereby the People of England, and Ireland under his Government, have obtained more speedy justice in their oppressions than they had before, and certain Cases wherein the Law failed remain undeter­mined, and some remained to be enacted, that were for the reform of the oppressions of the People; Our Lord the King in his Parlia­ment, [Page 122] after the Feast of Easter, holden the 13th. of His Reign, at Westminster, caused many Op­pressions of the People and defaults of the Laws, for the Ad suple­tionem dict. Stat. supply of the defects of the said Statutes of Gloster, to be rehear­sed Et Statuta e­didit. and made Statutes, as will ap­pear here following.

This rehearsal of the Grievan­ces was, for certain, by the Peti­tion of the Commons of this Realm, and the Statutes there made, as the Register of Writs has it, wereVid. Regist. Writs f. 13. Quando uxor admittitur ad jus suum de­fendend. & f. 16. De com­muni consi­lio Regni no­ [...]tri. by the Common Counsel of the King­dom: And this Counsel not only declared Laws which were bind­ing to Ireland, but made new; tho' Mr. Molineux will have it, that from the time of Magna Cha­ta to the 10th. of H. 7. no Laws were, or are in force in Ireland, unless allowed of by Parliament in that Kingdom: except only such as are Declaratory of the Common Law of England, and not Introdu­ctive of any new Law. And where­as he is pleas'd to say,

[Page 123] P. 81. 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 (says he) the Opinions of the Kings of England, and their Privy Council have been otherwise. I may say upon much better grounds, if any King and His Privy Council did any thing to Warrant this Assertion, the Judgment of E. 1. and His Coun­cil in Parliament, was to the con­trary, and is of greater Authority.

And 'tis to be remembred, as I before shewed▪ that the Statutes of Gloster, which do not Name Ireland, and the Statutes of West. [...]. which do, were both delivered to the Clerk of the Justice of Ireland, in order to their being published and observed there. And 'tis evident, that Ireland's being bound by Parliaments in England, with­out any consent expressed in Ire­land, was not merely the Judg­ment [Page 124] of the times above referred to, but the setled Judgment of that King and His Council, in His Parliaments.

Thus inPriyn's A­nimad. on Lord Coke Pat. 8 E. 1. m. 13. Hib. Om­nibus Anglicis terrae. the 8th of that King, there's a Writ taking notice, that the Irish had desired to be gover­ned by the Laws of England: up­on which the King requires all the English of the Land of Ireland to Certifie, whether this might be granted without pre judice to them; declaring that the King would make such Provision, as should seem expedient to Himself, Quod nobis & consilio n [...]to ro videbiturexpe­dire. and His Council: which, plainly enough referred to His Council in Parliament. If, upon their Cer­tificate, a general Law had passed to grant the Irish their Request, the mentioning the consent of the English there, could not be thought to derogate from the Legislature here; the Authority of which was intimated in that very reference, and was fully asserted in that Kings Reign by an Act of Parliament, made here after that time, and the [Page 125] Proceedings thereupon, both in Eng­land and Ireland.

By the CaseDavis Rep. f. 21. h. Issint 29 E. 1. quand per special or­dinance del Roy, &c. of mixt Mo­nies in Ireland, we are informed, that 29 E. 1. when, by the King's sepecial Ordinance, the Pollards and Crochards were cry'd down and made of no Value; the same Or­dinance was transmitted into Ire­land, and Enrolled in the Exche­quer there, as is found in the Red Book of the Exchequer there.

And agreeably to this, it ap­pearsRot. Stat. de temp. E. 1. E. 2. E. 3. Johan Wogan, Ju­stice D [...]rland, ou a son Lieu­tenant. by the Statute Roll here, that this Ordinance, which in truth was an Act of Parliament, or else an other of the same kind, was sent to John Wogan, then Chief Ju­stice of Ireland, or to his Lieu­tenant.

This is only a short Entry re­ferring to the known usage;Printed Stat. 21 E. 1. c. [...]. Record 22 E. 1. But the very next Record of a transmission to Ireland of a Statute made here, which was that about Juries, is more express.

[Page 126]Mem. quod istud Statutum de verbo ad verbum missum suit in Hib. T. R. aput Kenynt. 14. die Aug. Rni sui 27. Et mandatum fuit J. Wogan Justic▪ Hib. quod praed▪ Stat. per totam Hib. in locis quibus expedire videret le­gi
Note a Stat. made in the 21 or 22 was not sent to Ireland till the 27th.
& publicè pro­clamari, & firmiter teneri faciat.
Mem. That that Statute, word for word, was sent into Ireland, Teste the King at Kenynton 14. Aug. in the 27th. of his Reign. Command was gi­to John Wogan, Chief Justice of I­reland, to cause it to be read in those places in which he shall think it expe­dient, and to be pub­lickly Proclaimed and Observed.

This Statute does not name Ire­land, nor has general words which seem to include it: But it seems some years after to have been Enacted, that this Statute should be transcribed, and sent to Ireland for a Law given them by Parliamentary Authority.

In the 35th. ofRyley's Placit [...] Parl. f. 379. 381, 382. E. 1. Will. De Testa was Impeach'd in Parliament, for grievous Oppressions and Ex­tortions upon the People, by Co­lour of Authority from the See of [Page 127] Rome: This, upon the Petition of the Earls, Barons, and other Great Men, and the Commonality of the whole Realm of England, occasio­nedPro Statu Co [...]onae Regiae nec non terra­rum ipsius Re­gis Scotiae Walliae & Hi­berniae. general Law and Provi­sion, for the State of the King's Crown, and also of His Lands of Scotland, Wales, and Ireland.

The Remedy was Enacted by theEx assensu Dom. Regis ac toto consilio Parliamenti. Assent of the King, and the whole Council of Parliament; and 'twas Enacted, that for the future such things should not be permit­ted withinNon per­mitterentur in Regno. the Realm.

That Ireland was then included as part of the Realm, appears not only by the intention before de­clared, but agreeably thereunto, The Statute then made is, byEt mandatum est Principi Wallia & Com. Ce [...]t. & Cu [...]todi Scotiae & Justic. Hib. Authority of Parliament, sent to the Justice of Ireland, as well as to the Chief Governors of other the King's Dominions; enjoyning them to enquire and proceed a­gainst those who had offended in that kind, and to cause the Provision, In ei [...]dem terris firmiter & in­violabiliter observari. Agreement, and Judgment, of that Parliament, to be Firmly and In­violably observed in those Lands.

[Page 128] Ordinatio pro Statu Hib. [...]alsly supposed to have been 17 E. 1. Mr. M. having, as he thinks, answer'd an Objection from the Ordinance for the State of Ireland, Printed in▪ our Statute-Books, not only that of 1670. but even in others much more Ancient,P. 88. as made 17 E. 1. I shall shewStat. ed An. 1529. him some new Matter, which may deserve his farther Consideration; and yet tho' he thinks he hasP. 88. prov'd, 1. That this Ordinance was never receiv'd in Ireland, P. 89. 2. That 'twas meerly an Ordinance of the King, and His Privy Coun­cil in England; it might be enough to observe, That the Clause which he Instances in, forbidding the King's Officers to purchase Lands there, upon pain of Forfeiture, has an Exception for the King's Licence; and tho' he has not been at the pains to examine whether there were any such Licences from England, I can shew him in the very next Year, a confirmation un­derVid. Rot. Claus. 18▪ E▪ 1. m. 8. the Great Seal of England, of a grant of Land's there, before made from hence: which were suf­ficient security against the forfei­ture. [Page 129] 2. If 'twere admitted that the Ordinance were made by theThes▪ & [...]ar­suis de siccio Dublin. Pro Othone de Grandison. King and his Privy Counsel, 'twould be very difficult for him to prevail upon many to believe, that a Land or Kingdom, which in all the prin­cipal Parts of Government was under the controul of the Great Seal of another Kingdom, was (as he pretends)P. 148. a complete King­dom within it self, P. 155. or a King­dom regulated within it self; the contrary of which appears in nu­merous instances of the time of which we are at present enqui­ring; as of leave from hence to chuse Ecclesiastical Governors, Par­dons, Directions, for the Proceedings of the Courts of Justice, and Coun­cil in Ireland; the appointing di­stinct Courts of Judicature, Grants of Lands, Offices, Liveries out of the King's Hands of Lands held in Chief of the Crown of Eng­land, Licences of alienation, and the like.

Further than all this, there's a Precedent of taxing Communities by Authority from hence. It must [Page 130] be agreed, that 'twas frequent for Kings to grant to Cities and Towns in England, power to raise Customs, or Duties for Murage, the building or repairing their Walls, to be le­vyed upon Goods and Merchandi­zes brought thither; in these Grants there was no mention by what ad­vice, or consent they issued; but 'tis to be presumed that the Great Seal was not rashly affixed; nor were they extended farther than to the Walls, which secured the Persons and Goods of those who paid the Duty: yet the Great Seal of England has been applyed much more absolutely, to the binding the property of the Subjects in Ireland, as may appear by this Record.

P [...]t. 18. E. 1. m. 13. De mu­raglo Dublin.
R. Ballivis▪ & probis hominibus s [...]is Dublin Salutem Cum in subsidium villae claudendae vobis nuper per literas postras Pat. concesserimusquod quasdan consuetu­dines usque ad cer­tum temp [...]s de sin­gulis rebus venali­bus ad eandem vil­lam venientibus ca­pietis, ac dilectus & Fidelis noster Nic. de Clere Thes. nost. Hibern. testificatus fuerit coram nobis, quod vos ad man­datum ejusd. Nic. magnam partem pecuniae provende consuetud. ante­dict. in clausuram scaccar▪ nostri Dub­lin posuistis nos ea de causa, &c.
The King to the Bayliffs and honest Men of Dublin Greeting; since, in aid of walling your Town, we lately by our Letters Patents granted, that you should take some Cu­stoms to a certain day, of every thing to be sold coming to that Town. And our beloved and faithful Subject Nic. de Clere Treasurer of Ireland has cer­tified us, that you, at the command of the said Nicho­las, have employed great part of the Money arising by those Customs, to the enclosing or re­pairing the Exche­quer at Dublin. Therefore, &c.

[Page 131]The King by his Great Seal of England continues the Tax for Three Years longer than his first Grant, and allows of the applying part of it to an end very different from that of the Walling the Town.

For a yet farther Evidence of the more absolute Dominion, which E. 1. exercis'd over Ireland, than he pretended to in England; I shall shew, that he took to him­self Authority to set aside what is supposed to have been setled by [Page 132] an Ordinance, in the seventeenth of his Reign.

One of the said Ordinances pro­vides,Ordin. pro Statu Hib. c. 2. That neither the Justice of Ireland, nor any other of the King's Officers, by colour of their Office, take Victuals from any Person with­out his Consent, unless in case of ne­cessity, and that by the assent of the chief of the King's Council of those Parts, and by Writ, out of the Chancery of Ireland.

P [...]t. 18 E. 1. M. 2. And yet in the next Year after this Ordinance is supposed to have been made, the King, as a particu­lar Indulgence to the Citizens of Roscommon, grants that the Constable of Roscommon, or other the King's Officers, shall take no Victuals, orNisi tempore gu [...]riae neces­sitas hoc de­poscit. other things of them without their Consent, unless there be a necessity for it in time of War. And this ex­emptionHas literas nost [...]as fieri fecimus pa­tentes quam­diu nobis pla­cue [...]it duratur' is only by a Patent during Pleasure.

But, in truth, this was no vio­lation of the Ordinance for the State of Ireland: For, besides that, I shall shew when 'twas made, and how, in another Reign; 'Tis certain it [Page 133] could not be in a Council at Notting­ham in the Octaves of St. Martin; not only as may appear to any one who will trace the Close and Pa­tent-Rolls, and the Use of the Great Seal, which went along with the King from his Landing at Dover Claus. 17. E. 1. M. 4. In­tus. Nota Oct. Martini, is but 2 Days after. on the 12th of August, to theP. 89. 16th of November; during which time the Seals were far from Nottingham, but chiefly because there was a Parliament at Westmin­ster, appointed to be held on the Crastino Martini; which, 'tis to be presumed, met accordingly, tho Mr. M. is positive that E. 1.Claus. 17. E. 1. M. 8. Usque ad pro­ximum Parl. post Pasc [...]a ut tune inde Rex faciat quod de concilio suo duxerit ordi­nandum. Teste Edm. Com. Corn. Cons. Regis apud. West. 5 M [...]r [...]ii [...] held no Parliament in the 17th of his Reign.

But, for his Conviction in this particular, during d the K's Absence in Foreign Parts, Edmund Earl of Cornwall, being Custos, Dated the Writs, among which there was one referring a Matter to the Judgment of the King and his Council, in the next Parliament to be after Easter.

And to satisfie Mr. M. that there was no need of a Council at Notting­h [...]m, [Page 134] nor could there be one the Octaves of St. Martin, it happens that onClaus. 17. E. 1. M. 2. dorso Nobis ea in proxim. Parl. nostro referant the 14th of that October, a Writ issued to the Sheriff of Not­tingham, acquainting him of a Commission to certain Persons to hea [...] the Miscarriages of the King's Officers in that Country, and to give me an account thereof at the next Parliament; and therefore commands the Sheriff to Summon all Parties aggrieved, to be at West­minster that year in the Morrow of Sanct Quod ve­niant apud Westm. in Craft. instan­tis Festi Sancti Martini. Martin.

That 'tis to be believed a par­liament was holden 17 E. 1. tho no Summons to it found. I must own that I have not found any Record of a Writ of Summons for any of the Members to come to Parliament that Year, [...]or has Sir William Vid. Dug­dale's Summons to the Nobility. That which be cites 5 E. 1. i [...] a Summons to the Army. Dugdale found any to the Lords, t [...]l the 22d; and yet 'twill be agreed, that there were Parliaments between the 49th of H. 3 and the 22d of E. 1. and 'tis certain the Statute of Westm. 1.Vid. Stat. e [...]. An. 1529▪ p. 21. 3 E. 1. is express, that the Arch­bi [...]ps, Bishops, Abbots, Priors, [...] Barons, and all the Com­ [...]nalty of the Land, were Sum­moned to that General Parlia­ment, [Page 135] and assenting to the Laws then made.

Of A Summons to parliament 18 E. 1. Mr. Prynn, as I take it, had not seen any Writ of Summons to the Commons, till 26 E. 1. Yet I have found in the Close-Roll ofRot. Claus. 18. E 1. M. 10. dorso. 18 E. 1. as Dr. Brady, and Mr. Pety [...] have in the Bundle of Writs, this following.

Rex Vic. Nor­thumb. cum per Com. Bar. & quos­dam alios de pro­ceribus regni no­stri, nuper fuisse­mus requisiti su­per quibusdam [...]am cum ipsis quam cum aliis de comi­tatibus regni illius, colloquium habere velimus & tracta­tum; Tibi p [...]aecipi­mus, quod duos vel tres de discretiori­bus & ad laboran­dum potentiori [...]us militibus, de Com. praed. eligi & eos ad nos us (que) Wes [...]m. venire facias; fine [Page 136]dilatione. Ita quòd sint ibid. à die Sancti ibidem a die Sancti Johannis Baptistae prox. fatur in tres septimanas ad ulti­mum, cum plenâ potes [...]ate pro se & totâ Communitate comitat. praed. ad consulendum & consentiendumpro se & communitat. illâ, hiis quae Com. Bar. & Proceres praed tum duxerint concordand. T. R. apud West. 14 die Junii.
That [...]it d by Dr. Brady is to the Sheriff of Westmorland.
The King to the Sheriff of Northum­berland. For asmuch as we were lattly in a special manner en­treated by the Earls, Barons, and some others of the Peers, or Nobility of our Realm, that we would have a Col­loquy and Treaty upon some Matters, as well with them, as with others of the Counties of the Realm. We require you without delay, to cause to be Elected, and to come to us as far as Westminster, two or three of the more discreet, and more able to travail of the Knights of the said County: So that they be there at the latest, within three Weeks, from the Day of St. John the Baptist next en­suing, with full power for them­selves, and all the Commonalty of the said County, to consult and consent to those things, which the aforesaid Earls and Barons shall then think fit to be agreed. Test. the King at Wes [...]m. the 14th day of June.

Dr. Bradie's Answ. p 230. Dr. Bradie's Introduction to his Compleat History. This Dr. Brady in his Answer to Mr. Petyt, more truly than he is a­ware, calls a Summons to a Parlia­ment: However in his Introducti­on he will have it, that the Laws were then made by the King and his Peers, before the Knights of the Shires came; the Statute of that time saying, that the Parliament [Page 137] was holden in the Quinzism of St. John, and that the Laws were made at theAd instan­tiam Magna­tum. Instance of the Great Men.

But he might have observed,

1. That the ProvisionEt sci [...]d [...]m est quod istud statutum ten [...]t lo [...]um deterris venditis tenend. in seodo simplici tantum. then made, is called a Statute.

2. That the Council wherein it pass'd, is called a Parliament.

Quia emp [...]ores terrar. &c. There us'd to be Manucaptors for this purpose. 3. That the Matter enacted, was a general Law, and of general Con­cern; it being for the encourag­ing of Purchasers, and engaging the more Persons to a National In­terest by Propriety in Land, which till that time was in much fewer Hands; because whoever purcha­sed any part of an Estate, had been liable to be charged with all the Rents and Services which lay upon the whole; and there was one o­ther necessary Provision, against A­lienations in Mortmain.

4. The Precept to the Sheriff was to cause the Election to be made forthwith, and to take care that the Parties were [...]ound to be at Westminster by three Weeks after the Feast of St. John, at the far­thest. [Page 138] The Day when the Parlia­ment was holden, was but 5 or 6 Days before; which shews, that 'tis absurd to imagine, that there should have been a Law made of that immediate consequence to all Owners of Land, before the Knights of the Shire came up; not only because they being obliged to be at Parliament by such a Day at the la­test, may well be supposed to have come 5 or 6 Days before the ut­most extent of their time, to avoid the Forfeitures of the Bonds which they us'd to give for their Appearance; but chiefly, because, as 'tis well known, whenever a Law passes, 'tis in Judgment of Law held to have pass'd the first Day of the Session; which Day might have been agreed at their former Meet­ing. Nor is it absurd to believe, that there might be a Summons to require the Sheriffs to secure Full Parliaments, even tho the Days of Meeting and of Electi­ons below, might have been cer­tain.

[Page 139] Why so few Writs of Sum­mons in those Times now to be found. The true reason why so few Writs of Summons, of those ear­ly times, are to be found, seems to be, that once, at least, in a Year the Parliaments met of course.

The Confessor's Law speaks of theVid. Lamb's Archaionom Leges St. Edw▪ Calends of May as the fix'd Day. In theRot. Claus. 17. E. 1. sup. 1st of E 1. the Custos of the Realm, as appears above, in the King's Absence issued Writs, tho not for Elections to Parliament, yet returnable into the Parliament, to be holden next after Easter, without mentioning any Day, as if 'twere commonly known; but no Parliament being holden soon after Easter, because of the King's being out of the Land▪ a Return into a Parliament appointed to sit after the King's Landing, was to a Day certain. But that at the be­ginning of E. 1. the time of hold­ing a Parliament was look'd upon as so fix'd, that there was no needRot. Claus 3. E. 1. M. 9. dorso in Prl. Quod circ [...] octobas R [...]su [...]ectionis Domini cele­bra [...] in Angliâ consuev [...]. of Summons, appears by that King's Letter to the Pope, 3 E. 1. referring him to the Deliberation of the Peers of the Kingdom in a Parlia­ment, [Page 140] which used to be holden in England, about the Octaves of the Resurrection of our Lord.

5. If the mention only of the Instance of the Great Men, or No­bility, be an Argument that the Law was then made before even the Knights of the Counties came up, tho Summoned to Consult and Consent; the many Laws which have pass'd immediately upon the King's Answer to the Petition of the Commons, would argue as strongly, that those Laws were made with­out the consent of the Lords; but as in such case, either they were included as part of the Community of the Kingdom, or else the King an­swered by their Advice; So at the making the Statute 18 E. 1. ei­ther the Commons were under the Word Magnates, as the lower Nobi­lity, or Men dignified by being Se­nators, or else the Great Lords find­ing themselves chiefly agrieved, as being unable to pay their Debts, be­cause none would buy their Lands; this Law might have pass'd chiefly [...]t their desire: But then, since 'tis [Page 141] manifest it was in Parliament, 'twas by the Consent of the Commons; but I rather think that the Com­mons Commons inclu­ded under Mag­nates. were then included under Magnates, bec [...]e I find them so in Times after th [...]s; and that Peti­tions were made to them with as high Ascriptions as were given to the Great Lords.

In the 1st of E. 3. a Statute was made, as one Record has it, by theRot. Pat. 1 E. 3. M. 10. Common Council of the Kingdom, as anotherRot. Claus. 2 E. 3. M. 20. by the King, the Pre­lates, Earls, Barons, and the Com­monalty of the Realm; and yet an Historian well conversant in the Records, and common acceptation of Words in that Time, speaking of this very Parliament, and of theWalsingham, F. 126. Queen Mother's coming to London, with E. 3. her Son, says, Thither also Convened the wholeTota regni nobilitas cita­ta per prius ad Parl semend. Nobility of the Kingdom, having been before Summoned to the holding a Parlia­ment.

In after Times there are num­bers of Petitions to the House of Commons, from Persons of Quality; from the City of London, and o­thers: [Page 142] To the (a) Most Honourable, or Right Honourable, and Most Wise the Commons in this present Parli­ment Assembled.

TheRot Claus. 4. H. 4. n. [...]9. Pur Monsieur Thomas Po­mercy Chiva­lier. Tres ho­nourables & Tressages Communes. Honourable and Most Wise, and the like.

(e) Rot. Parl. 8. H. 6. n. 51. Tressages & Tres honoura­bles. (c) But some who will admit that the Knights of the Shire, who in­deed are in many Records call'd Grands of the Counties, were partFrom the Mayor, Aldermen and Commons of the City of London. Rot. Patl. 3. H. 5. pars 1. n. [...] Vid. Sup. of Cities and Bo­roughs. of the Magnates 17 E. 3. will have it, that the Citizens and Burgesses were not, because. 1. They, in those Times, used to be distingui­shed by the Name of Commons, from the Knights of the Shires. 2. There's no mention of any Summons tothem in the Records of 18 E. 1. when there was to the Knights of the Shires▪ But for a full answer to this, I desire it may be consi­dered.

1. That the Meeting 17 E. 1.Vide sup. appears by the Statute then made, to be a Parliament, that Dr. Brady himself has yielded, that the Ci­ties, Boroughs▪ and Cinque Ports, and Vills, had by King John's Char­ter, right to be of the Common-Council [Page 143] of the Kingdom; which is the Phrase most generally used in the Ancient Register of Writs, to denote a Parliament.

2. There were Boroughs long be­fore the reputed Conquest: As for instance, St. Edmund's Bury, or Burgh, made a Borough in the Time of King Edmund, confirmed in the Reigns of Cnute, the Confessor, W. 1. and other Kings.

3. Boroughs frequently occur in Dooms-day Book, that great Survey taken in the Reign of W. 1. and are mentioned as such in the Time of Edward the Confessor.

4. No one Charter of ancient Times since W. 1. can be found, giving any Borough right to send Members to Parliament; but that has seem'd the consequent of being a Borough, having a Gild for Merchandize, and answering to the King, or other chief Lord, as one entire Body: upon which account they appeared by Representation, while indivi­dual Tenants were in the great Councils upon their Personal Right.

[Page 144] 5. That for asserting the Right of Boroughs to be represen­ted in Parliament, it generally was enough to plead that they were Boroughs; yet one instance at least is to be found within two Reigns after the time of our pre­sent enquiry, where aRot. Pat. 17. E. 3. p. 1. m. 20. dorso. Borough Pleads, or Alledges in Parliament, that they had been made a Bo­rough in King Athelstan's time, and ever after had been represented in Parliament by two Members of their own chusing: and this the then Parliament, or the King's Coun­cil in it, were so far from think­ing improbable, that upon that Borough's Allegation that the Charter was lost, they direct an enquiry, with declared disposition to have it renewed.

6. These Boroughs, whether holding of the Crown in chief, or of Great Lords, were either Baro­nies, or parts of Baronies, upon the account of Knights Service; or Honors [Page 145] by reason of other free Tenures, and their Charters, that they should hold freely and honourably, as ma­ny of them run; and thus theLiberè & ho­norificè. Members in Parliament, who serv'd for these Baronies, or Honours, were part of the Baronage of the King­dom: Not but that sometimes Ba­rony and Honour are used without distinction concerning them; and thus that ancient Borough of Barn­staple Pat. 15. Jo. p [...]. 1. M. 11 Reddidimus He [...] de Tracy Baroniam de Bardestaple. [...]b. Dotum honorem de Bardestaple. which held of the Lord Tracy, is in the same Record call'd both a Barony, and an Honour. Which Honour, as appears by this instance, was not limited to imme­diate Tenure of the Crown; and that this was not derived from the grant of a reputed Conqueror might be proved by numbers of Autho­rities, of which I shall here con­tent my self with one outVid. Doom [...] ­day de Norwic. of Doomesday-Book.

In Norwic erant temp. E. MCCCXX Burgenses, &c. To­ta haec villa redde­bat TRE 20 l. Regi & Comiti 10 l. In novo Burgo
Not [...], What a small propor­tion this new Plantation of French bore to the 1320 Bur­gesses, and yet some English were mix'd e­ven among the French. Besides the French seem to have had but 11 added to their number from the Confes­sors time to the 20th. of W. 1.
XXXVI Burgenses and VI Anghci. De hoc toto habebat Rex 2 partes & Comes tertiam; modo XLI Burgen­ses Franci in domi­nio Regis, & Comes Rogerus Bigot ha­bet L. & sic de ali­is. Tota haec terra Burgensium erat in Dominio Comi­tis Rad. & conces­sit eam Regi in commune, ad fa­ciendum Burgum inter se & Regem: Ut testatur Vice­comes.
In Norwich there were in the time of Edward 1320. Bur­gesses. All this Town in the time of King Edward yiel­ded the King 20 l. and the Earl 10 l. In the new Bo­rough there were 36 Burgesses, and six of them English. Of all thus the King had two parts, and the Earl the third. Now there are 41 Burgssses in the Kings demeasn, and Earl Roger Bigo [...] has 50. and so of others. And this Land of the Bur­gesses was in Earl (c) Ralphs Deme­as [...], and he granted it to the King in common, to make a Borough between him and the King: As the Sheriff at­tests.

This Earl was Ralph Guader or Wader, who continued Earl of Norfol [...], or at least of Norwich, [Page 147] from within the Confessor's Reign, till the 9th. or 10th. of W. 1.

7. The Freemen, or at least they who had Borough holds in these, or in some of them, are in Doomsday-Book, called Barons, as particularly in the Borough of Warwick.

Et in Burgo de Warwic habet Rex in Dominio suo CXIII Domus, & Barones Regis ha­bent CXII. de qui­bus omnibus Rex habet geldam.And in the Bo­rough of Warwick the King has in his demeasm 113 Ho [...] ­ses, and the Kings Barons have 112. of all which the King has Aid.

8. They who were interested in the Government of these Bo­roughs, and had Right to look af­ter their common concerns, could not but be Barons as properly, as the Free hold Tenants of Lords of Mannors, Freeholders, who were Judges in the County Courts, and the Freemen of London, who are call'd Barons in several Records, and [Page 148] other undoubted Authorities, and the Barons of the Cinque Ports.

Of Dover in particularDoomsday-Book TRE reddebat, &c. Dooms­day Book says, in the time of King Edward it yielded 18 l. of which King Edward had two parts, and Earl Godwin the 3. And a Charter(c) (b) Rot. Cart. 2. Jo. m. 17. n. 51. to this Port in the beginning of King John's Reign confirms to his Men of Doura the Confessor's Char­ter, together with the Charters of W. 1. and other Kings after the re­puted Conquest.

9. If 'tis to be thought, that no Citizens and Burgesses were at the Parliament 17 E. 1. because no Summons appears for other Com­mons, besides the Knights of the Shires; by the same reason 'tis to be thought, that none of the Great Lords were there; no Summons to them appearing.

[Page 149] Rot. Pat. 1 [...]. E. 2. m. 5. 10. In the Writs for chusing Knights of the Shires there was no occasion to mention the choice of others; and thus 12 E. 2. Only the Earls, Barons, and Commonalty of the Counties are spoken of as gran­ting an 18th. part of their Goods: but they would be very much de­ceiv'd who should think, that no others were at that Parliament; for the same Record shews, that the Clergy granted a 10th. and the Ci­ties and Boroughs a 12th.

11. 'Tis very probable that at that time, the Cities and Boroughs had the Writs directed to them in particular, to be return'd by their Headborough, or other Officer, or else by the Community there.

Rot. Cl [...]us. 14. Jo. m. 8. d. Thus in the 14th. of King John a Summons to the Army is sent to the Headborough and Honest Men of Canterbury; so to Dover▪ Rochester, Gildford, and a great many other Places.

[Page 150] Rot. Pat. 15. Jo. m. 3. n. 8. And the very next Year parti­cular Writs are sent to the Honest Men of Canterbury, the Mayor and Barons of London, the Mayor and Honest Men of Winchester, &c. and so to all the Boroughs and Demesns of the Crown; not only refer­ring them to the Justice or Custos of the Realm, but desiring an Aid of them which: Mr. M. must agree to have been desired in as true a Parliamentary Meeting, as those which he cites of the time of H. 3. in relation to Ireland.

This I hope may not be thought an unprofitable digression from the supposed Ordinance 17 E. 1. but may sufficiently evince, by what Authority it must have been made, if there were any such of that time; and that the King and his Counsel pretended not to settle the State of a Dominion annex'd to the Crown of England, without consent of the States.

[Page 151] But tho' the King's Counsel did not then act in Parliament matters, otherwise than Parliamentarily; yet 'tis certain that they did exer­cise an Ordinary Jurisdiction in re­lation to Ireland, as well as to Eng­land, either as Committees or Try­ers of Petitions, appointed by the Lords or otherwise; tho' the bring­ing a Cause from the Lords in Ire­land to the House of Lords here, is one of the circumstances in the present juncture of Affairs, which seems to require Mr. M's learned Disquisition.

Bundela P [...]t. Parl. de temp. E. 1. In the Bundle of Petitions to the Parliament, in the time of E. 1. there are someCoram to­ [...]o coasilio. endorsed as bro [...]ght before the King, some before all the Council; and as the Method of following times ex­plains this Matter, there had been appointed Receivers and Tryers of Petitions concerning Ireland; for several are receiv'd from thence, and authoritatively Answered.

[Page 152] There's one from Jeffery de Gey­mul, who complains of the Barons of the Exchequer in Ireland, for sending within his Jurisdiction, a Commission of enquiry, who Sold Pollards; to the prejudice, as he alledged, of the Franchise, whichVid. Davis Rep. le Case del County Pal. [...]f. 64. Cart. H. 2. Hugoni de La­cy Com. pro serv. suo & terram in Mi­dea cum omni­bus p [...]in' per serv. 50. militum sibi & haer. suis te­nend. de me & haer. meis. H. 2. had granted to the Ance­stors of his Wife, Maud de Lacy.

This Commission was manifest­ly founded upon the Record of the Statute made here, as is shewn above, enrolled in the Exchequer of Ireland by Order from hence: This the Barons there obey'd, and held that by Virtue of that, they might cause Commissions of Enquiry to be executed even in Palatinates: nor does it appear, that the King's Council in Parlia­ment disallowed of their Proceed­ing, [...] for nothing was done up­on this [...]et [...]tion, any more than referring it to the next Parlia­ment.

[Page 153] In the Case of one Allen Fitzwa­ren, they Ordered a Writ from the Chancellor of England, to require the Justice of Ireland to examine, whether a Judgment about Title of Land had been given while a Man was absent, and under the King's Protection; requiring, that if any thing was done contrary to Protection, it should be amended in due manner.

And as the Lords in Parliament then exercis'd a Jurisdiction over Ireland; it appears that out of itRot. de superi­oritate Maris 26. E. 1. Les Roys du dit Royaume du temps dount il n'a memo­re du con­traire eussent este en paisible poss. de la So­veraign Seig­norie, de la meer Dengle­terre, & des [...]sles este [...]nts en y cel & q. l'Admiral ad jurisd. avec la con­ [...]uisance & justice & touts aut [...]es appe [...]tenant [...], &c. the High Admiral of England had Conu [...]ance, of all maritime Causes, as well throughout Ireland, as England, from the time then be­yond the memory of Man, which must relate to the general Prescription, which is at this day as far since as the beginning of R. 1. Son to H. 2.

[Page 154] That during the Reign of E. 1. Irel. was govern'd as a part of England, or appurtenant to it; and that the Laws made here wanted no other Publication, than what was in obe­dience to the Great Seal of England, affixed to Writs and Charters, or Exemplifications of our Acts of Par­liament, by Authority from hence, I think may be beyond dispute: which might excuse my not dwel­ling upon the unfortunate Reign of E. 2. and yet there are some evi­dences not to be neglected of Eng­land's being then possess'd of itsOf Ireland's be­ing bound by the Parliaments of England in the time of E. 2. ancient Authority over Ireland: and that, tho' at least from the 3d. of that King's Reign Mr. M. sup­poses, that they had a regular Legi­slature in Ireland.

Prynn's Animad. on Lord Coke f. 262. 10. E. 2. Quod semel in Anno teneatur Parl. In the 10th. of that King, the En­glish in Ireland petitioned him for a Constitution, that a Parliament should be holden there once a Year: Upon this and other things then desired, the King, under the Great [Page 155] Seal of England, commands the Ju­stice of Ireland to Summon a Par­liament there, to consider what was sit to be done, and to certifie the result into England: upon which the King declared that he would, by the advice of his Coun­sel▪ ordain what should be sitting: but nothing more appears of that matter, which was the farthest step towards settling an Annual Parliament in Ireland.

Stat. of York 12 E. 2. In the 12th. of that King an Act of Parliament was made in England, with this Preamble, ‘Forasmuch as divers People of the Realm of England, and of the Land of Ireland, have hereto fore ma­ny times suffered great Mischiefs, Damage, and Disherisons, by reason that in some Cases where the Law failed, no Remedy was ordained; and also forasmuch as some points of the Statutes here­tof [...]re made, had need of Ex­position; our Lord King Edward, Son to King Edward, desiring that full Right may be done to [Page 156] his People; at his Parliament hol­den at York, the third Week af­ter the Feast of St. Michael, the 12th Year of his Reign by the Assent of the Prelates, Earls, Barons, and the Commonalty of his Realm there assembled, hath made these Acts and Statutes following; the which he wil­leth to be observ'd in his said Realm, and Land.

Though Ireland is in some sense part of the Realm of England, yet here 'tis distinguished as a Land in­tended to be bound, tho it had no Commonalty of its own to represent it in Parliament: and there is new Remedy provided where the Law had failed, as well as the explaining what was Law before: that part at least which creates a Forfeiture ofCap. 6. Wine and Victuals sold by any Offi­cer appointed to look after the Assises of them, was absolutely new.

[Page 157] Rot. Sat. de temp. E. 1. E. 2. E. 3. Statuta missa fuerunt in Hib. ut in brevi subseq. continetur, & liberata fue­runt Godf. fi­lio Rog. una cum dict. brev. defe­rend. This Statute was transmitted to Ireland, by the following Writ, under the Great Seal of England, and the Name of the Party who received it, is enter'd upon Re­cord.

Rex Cancel. suo Hibern' Salutem. Quaedam statuta per nos in Parl. no­stro nuper apud Ebor' convocato, de assensu Prel. Com. Bar. & totius Com­munitatis, regni nostri ibid' existen­tis; ad Commun. util. regni nostri ac terrae Hibern' e­dita, vobis sub sigil­lo nostro mittimus consignata. Man­dantes quod Stat▪ illa in dicta Cancel lariâ custodiri, ac in rotulis ejusd. Can­cel▪ irrotulari, & sub sigillo nostro quo utimur in Hi­berniâ [Page 158]in forma patenti exemplifi­cari, & ad singulas placeas nostras in ter. praed. & singu­lo [...] comitat. ejusd. ter. mitti facias, & brevia nostra sub dicto sigillo minist. nostris placearum illar. & Vicecom. dict. Com. quod statuta illa coram ipsis publicari & ea in omnibus & singulis suis artic. quantum ad eor. singulos pertinet, [...]irmiter faciant ob­servari. Teste R. apud Claren­don 10 die Sept. An. quarto decimo.The King to his Chancell of Ireland, Greeting, We send you under our Great Seal, certain Sta­tutes made by us in our Parliament lately called toge­ther at York, with the Assent of the Prelates, Earls, Ba­rons, and all the Commons of our Kingdom there as­sembled; for the Common Ʋtility of our Kingdom, and Land of Ireland: Commanding you, that those Statutes be kept in the Rolls of the said Chan­cery, to be enroll'd and exemplified in the Form of a Patent under our Seal which we use in Ireland: and tha [...] you cause it to be sent to every one of our Places in the said Land, and every County of the same. And our Writs un­der our said Seal, commanding our Of­ficers of those Places, and Sheriffs of the said Counties, to cause those Statutes to be published be­fore them, and in all and singular their Articles which to e­very one of them ap­pertain, to be firmly observ'd. Teste the King at Clarendon the 10th of Sept. in the 14th of his Reign.

In the same Roll there's another Writ of the same Form, dated at [Page 159] Nottingham 20 Nov. sending to the Chancellor of Ireland, the Stature of York, and another made before at Lincoln.

These Entries explain the gene­ral Transmissions; and shew what was to be done by the Justice of Ire­land, in order to the publication of Laws made in Parliaments here, and sent to him: but yet he had no need nor authority to call a Par­liament in Ireland, for the publish­ing any Law made here, unless particularly required under the Great Seal of England.

Yet I cannot but admire the force of Mr. M's Imagination, in framing an Argument, on that very Year that those Statutes were sent to Ireland, That the Parliament of Pag. 130. England did not take upon them to have any jurisdiction in Ireland, be­causePag. 129. the King sent his Letters-Pa­tents to the Lord Chief Justice of Ireland commanding that the Irish Natives might enjoy the Laws of England concerning Life and Member; to which he had been [Page 160] moved by his Parliament at West-minster: which is as much as to say, they used no Jurisdiction be­cause they did.

That after this time, that King and his Parliament exercised Juris­diction over Ireland, appears by the Ordinance made for the State of Ire­land, in a Parliament held on the Octaves of St. Martin, in the 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 ofRot. Stat. temp. E. 1▪ E. 2. E. 3. M. 30. 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.’

[Page 161] 1. It being so manifest from un­doubted Records, that the Parlia­ments Answer to Sir Richard Bol­ton's Marginal Note. of England, to the 17th. 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 P. 63. 64. Bolton's Marginal Note in an Edition of the Irish Statutes, is not enough to induce Men to believe, that in the 13th. of E. 2. the Statute of Merton▪ 20th. 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 13th. of E. 2. particularly, will even Mr. M. believe, that notwithstanding the Record 21. H. 3. of Transmission of so muchVid. Sup▪ at least of the Statute of Merton as re­lates to the Limitation of Writs, yet till the 13th. of E. 2. the descent in a [Page 162] Writ of Right was to be lay'd fromStat. Merton c. 7. De Nar­ratione in br [...] ­vi de recto ab antecessore a tempore Hen. Regis senioris. 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 ofVid. Sup. 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 'tis 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 [Page 163] 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 'twas beyond Contradiction 12. H. 3. when a Charter of King John's,Mr. M. p. 52. and 53. Sworn to by the Irish, was either sentRot. Claus. 12. H. 3. De legi­bus & cons. observandis in Hib. 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[Page 164] 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 [Page 165] 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 followingRot. Claus. 20. H. 3. m. 13. 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 12. of H. 3. was to receive the Charter of King John, and the King's Court or Bench in Ireland was to receive the Statute of Merton, I will agree that Parliaments in Ire­land may have received Laws in the time of E. 2. but there's no colour to believe that they then pretended to more, in relation to Acts of Parlia­ment, sent over to them at large un­der the Great Seal of England.

[Page 167] Of Ireland's be­ing bound by Parliaments of England, in the Reign of E. 3. The Reign of E. 3. I may divide into Three Periods, 1. Before, 2. At, 3. After the main and most express Charter, for a Parliament in Ireland, of any yet cited, or appearing.

1. In the Statute Roll of the be­ginning of E. 3. there are several en­tries in Latin of this kind. ‘Mem. that those Statutes were sent into Ireland in theIn forma Patenti. form of a Patent, with a certain Writ here following.’ But the entry of the Writ is some­times omitted, it being look'd on as matter of common form.

Vid. Rastals Collect. ed. An­no 1572. In the 2d. of that King, a Statute was made at Northampton, giving a command about Fairs, to all Sheriffs of England, and other Parts. In the 6th. a Statute was made, supplying the Defects of that Statute, and creating the Forfeiture of double the Value of what should be sold in any Fair, or Market, beyond the time limited for them in the Char­ters.

[Page 168] In the 6th. of that King, this lastRot. Stat. Mem. quod istud Stat. cum Stat. preceden­tibus temp. Regis E. [...]3. Post conque­stum missa sunt in Hiber. in formâ Pa­tenti cum bre­vi seq. Statute, and all other Statutes made in his Reign to that time, are sent, in the form of a Patent, to An­thony de Lucy, Justice of Ireland, re­quiring that those Statutes, and all the Articles therein contained, be Proclaimed in the King's Land of Ireland, as well within Liberties, as without; and that he should cause so much of them as concern'd theEt quan­tum ad vos & populum no­strum illar. ter. attinet fir­miter tene [...]i & observari fac. Justice, and the People of that Land, to be firmly kept, and observed.

A StatuteStat. 11. E. 3. c. 2. 11. of E. 3. pro­vides, That, except the King and his Children, no Person, great nor small, within England, Ireland, and Wales, or so much of Scotland as was then under the King's power, should wear any Cloth, but what was made in England, Ireland, Wales, or such part of Scotland; upon pain of For­feiture of the Cloth, and being Pu­nish'd at the King's pleasure.

And whereas Mr. M. according to the use which he makes of publi­cations, in or by Parliaments in Ire­land, of Laws made in Parliaments of England, would infer, that no Sta­tutes [Page 169] made here against Provisors, could be of force in Ireland till the 32d. of H. 6. when 'twas EnactedP. 68. there, That all those Laws made in England, as well as in Ireland, be had and kept in force; 'tis evident, thatRot. Parl. 20. E. [...]. Ut memini, parte transcripti circa idem tempus amis­sâ. E. 3d's Parliament and his Council acting in Parliament, held, that there was no need of other publishing and enforcing those Laws, than was usual by virtue of the Great Seal of Eng­land.

The Commons N. 33. Petitioned, that the Provisions and Ordinances made in the Parl. 17. of that King, concern­ing Provisions and Reservations from the See of Rome, be affirmed by a Sta­tute to endure for ever: And particu­larly,N. 34. that if any Arch-Bishop, or other Spiritual Patron, do not pre­sent within Four Months after Void­ance, by a Man's accepting any Be­neficeNote, This was a dispo­sing of Proper­ty. from the See of Rome, the Right of Patronage should accrue to the King: And they pray,N. 37. that Com­missions and Writs be sent to all ports of England, Wales, and Ireland, and o­ther Places within every County, as there should be occasion, to Appre­hend [Page 170] all those who should carry any of the Bulls, Process, or Instruments then complained of.

The Answer in French is thus,Resp. N. 39. ‘'Tis accorded and assented by the King, the Earls, Barons, Justices, and other Sages of the Law, that the Things above-written be done, and in reasonable form, according to the prayer of the Commons.

Upon which, there's no doubt but either a Writ was sent to Ireland, with this Act of Parliament, in the form of a Charter, to warrant Com­missions for that purpose in Ireland; or otherwise, Commissions might issue from hence, to apprehend such Offenders as should be found there.

Stat. Stap. 27. E. 3. c. 1. &. 3. The Statute of the Staple, 27. E. 3. taking notice of the Damages to the People of the King's Realm, and of his Lands of Wales and Ireland, because the Staples had been held out of the said Realm, and Lands, ap­points places for the Staple in Ireland, as well as in England and Wales; and creates a Forfeiture of the Wool, and other Staple Commodities, which any English, Irish, or Welsh, should [Page 171] carry out of the said Realm, and Lands: with the like Penalty, if theyNote, The Wis­dom of that Law. should receive Gold or Silver for them, elsewhere than at the respective Staples.

At which Staples 'tis to be observed, that there were paid Duties and Cu­stoms, granted by Parliament in England.

27. E. 3. c. 7. Another Statute, of the same Year, appoints, That all Wines in England, Ireland, and Wales, be Gauged, on pain of Forfeiture, and further Pu­nishment at the King's pleasure.

Stat. 25. E. 3. And but Two Years before, the Statute of Treasons, which does not name Ireland, was made for a Law toRot. Stat. M. 15. the whole Realm, and for Ireland asFor the Honour of God and of Holy Church, and the Amend­ment of his Realm. part of it: But none of the King's Subjects in Ireland were within that Law, unless they were to be adjudg­ed Subjects of the Realm of England. And yet this Statute is ordered to be published and observed in Ireland, as well as England, in this manner.

Rot. Stat. de temp. E. 1. E. 2. E. 3. M. 15. De Pro­clamatione Statuti. To the Sheriff of Kent, greeting. We send you, under our Seal, certain Statutes, made in our Parliament assembled at Westminster, [Page 172] on the Feast of St. Hillary last past, by us, the Prelates, Dukes, Earls, Barons, and others of the Common­alty of our Realm of England, to the said Parliament summoned: Com­manding, that you cause the said Statutes to be read in your full County; and that they be firmly observed, and kept. Teste the King at Westm. the 6th. day of May.

Consimi­les literae diri­guntur Justic. Hib. mutatis mutandis sub eâdem datâ. The like Writs, of the same Date, are sent to the Justice of Ire­land, what ought to be changed being changed.

P. 161. But if the Parliaments of England had, or exercised any Jurisdiction or Authority over Ireland hitherto; at least, 'tis to be thought, that 'twas all taken from 'em by a Charter of E. 3. part of which he transcribes out of Mr. Prynn, but for his satisfaction, I shall give him more of it from theRot. Pat. 17. R. 2. p. 1. m. 34. Record, now to be seen in the Tow­er, 'tis a Charter of R. 2. of an Ordi­nance for the State of Ireland, recit­ing and confirming the Charter 31. E. 3. beginning thus:

[Page 173]Quia ex frequen­ti side dignor insi­nuatione accepimus, quod terra nra Hi­berniae, ecclesia (que) Hi­bernica, ac clerus & populus ejusdem no­bis subditus; ob de­fectum boni regi­minis, ac per negli­gentiam & in curi­am Ministror regior ibin, tam major, quam minor, hactenus tur­bati fuerint multi­pliciter & gravati: Marchiae (que) terrae ipsius juxta hostes positae, per hostiles invasiones vastatae, occisis Marchioni­bus, & depraedatis, & eorum habitatio­nibus enormiter con­crematis, caeteris (que) coactis loca propria deserere, quibusdam videlicet ad hostes, caeteris ad loca ex­tranea fugientibus. Diversae (que) partes dictar. Marchiar. ta­liter desolatae & de­relictae, [Page 174] per hostes eosdem occupatae: nostra (que) & ejusdem terrae negotia incon­gruè & inutiliter, le­ges & approbatae consuetudines mi­nus debite observa­tae, populo nro bonis & rebus suis con­tra justitiam, legem, & formam Statutor inde editor. diversi­mode spoliat. pax (que) nostra laesa & minime custodita. Ac pro­ditores, Latrones, & Malefactores, non sicut convenit casti­gati: Quorum ma­lorum aliorum (que) oc­casione, majora dam­na irreparabillia, evenire, quod absit, timentur, nisi prae­missis opportunis re­me diis occurrat. Nos desiderantes utili regimini & quieti eo­rund. terrae & populi providere quae sequ­untur: propterea, deas­sensu consili nostri, or­dinanda [Page 175] duximus, & firmiter observanda. In prim. viz. volumus & praecipimus, quod sancta Hibernica ec­clesia, suas libertates, liber. & consuetudi­nes illaesas habeat, & eis liberè gaudeat & utatur. Item vo­lumus & praecipimus quod nostra, & ipsi­us terrae negotia & ardua, in consiliis, per peritos consilia­rios nostros, ac prae­latos & magnates & quosdam de discre­tioribus, & proba­tioribus hominibus de Partibus Vicinis, ubi ipsa consilia te­neri contigerit, prop­ter hoe evocandos. In Parliamentis ve­ro per ipsos Consili­arios nros, ac Prela­tos & Proceres ali­os (que) de terra nostra proutmos, exigit, se­cundum justitiam, legem, consuetudinē, & rationem, tra­ctentur, deducantur, & fideliter, timore favore odio aut pre­tio postpositis, discu­tiantur, & etiam terminentur.
The suppos'd Magna Charta for Parliaments in Ireland.
Because from the frequent Relations of Persons to be credited, we understand that our Land of Ireland, and the Irish Church, and the Clergy, and
Rot. Stat. or­dinatione pro Statu. Hibn.
People subject to us, thro' defect of good Government, and by the negligence and carelesness of the King's Officers there, both great and small, has hitherto been ma­nifoldly troubled and aggriev'd, and the Marches of that land plac'd against the E­nemies wasted, the Marches being kill'd and despoil'd, & their Houses enormously burnt, and the rest be­ing forc'd to forsake their habitations, some flying to the Enemies, and others to Foreign Parts. And divers parts of the said Mar­ches so desolated and forsaken, have been possess'd by those Ene­mies, and the Affairs of us and that Land, are incongruously and unprofitably, and the Laws and approved Customs not duly ob­served; our People be­ing in divers manners spoil'd of their Goods and things, contrary to Justice, Law, and the form of Statutes in those cases provid­ed: And our Peace is broken, and not in the least kept. And Traytors, Robbers, & Malefactors not pu­nish'd as they ought: By occasion of which, and other Evils, grea­ter irreparable Da­mages, which, God forbid, are feared as likely to happen, unless the Premises meet with opportune Reme­dies: We desiring to provide for the conve­nient Government & Quiet of that Land, & People; therefore we by the consent of our Council, have thought fit to provide these following Parti­culars to be ordain'd, and observ'd: In the first place, that the Holy Irish Church have its Liberties, & free Customs unhurt, and enjoy & usethem freely. Also, we will and command, That the Affairs and Ar­duous Matters of us and that Land, in Councils by our Lear­ned Counsellors, and Prelates, and great Men, and some of the more Discreet & Ho­nest of the parts neighbouring upon the place, where those Counsels shall happen to be held, to be sum­moned for this pur­pose; But in the Par­liaments by those our Counsellours and Pre­lates, Peers, and others of our Land, as custom requires, be according to Ju­stice, Law, Custom, and Reason, brought, and faithfully, Fear, Favour, Hatred or Price, being disre­garded, discussed, and also determined.

[Page 176]Then particular Provisions are made here, notwithstanding the Al­lowance of Parliaments there: A­mong which,

(a) per Justi­ciar & Concili­umnostrum Hiberniae. 1. That Men guilty of Broakage, should be Punished by the Justice and Council of Ireland, and fined, and amoved from their Offices; as should seem reasonable to the Justice and Counsel.

2. That no Purveyance be taken contrary to the form ofStatut. & artic. per nos in Parliamentis & aliis magnis consiliis ad u­tilitatem po­puli nri edi­tor. & factor. Statutes and Articles, made and published, for the profit of his People, in Parlia­ments, and other great Councils. But if there be any force in Mr. M's way of Arguing, the Statutes against Pur­veyors were not binding to Ireland till 18. H. 6. when 'tis Enacted, By a Statute made in Ireland, that all the Statutes made in England against the Extortions and Oppressions of [Page 177] Purveyers are to be holden and kept in all points, and put in Execution in this Land of Ireland.

3. It provides against Robberies, and for Hue-and-Crys, according to the Statute of Winchester.

4. That no Pardon be pass'd but in Parliaments or Councils, by the assent and counsel of the said Parlia­ments, and Counsellors. And that there be no general Pardon: but that the Offences be specified and expres­sedJuxta te­norem cujus­dam Statuti per nos & con­silium nostrum Angliae edit. & missi ad Hi­berniam obser­vand. according to the tenor of a certain Statute, by the King and his Council of England, publish'd, and sent to Ireland to be observed.

5. The Charter, taking Notice that false intelligence us'd to be sent from Ireland to England, forbids it underSub gravi foris facturâ Prelati, mag­nates commu­nitates aut quivis alii▪ grievous Forfeiture, decla­ring, that if, for the future, the Pre­lates, the great Men, Commonalty, or any other, should misinform the King and his Council, they should be duly Punished.

6. Whereas they us'd to Exhibit against one another, several scanda­lous and vexatious Libels and Bills, it provides, that they being reduced [Page 178] to Writing,Sub sigillo Cancellar. pro­tempore exi­stentis ad Ju­stic. Cancel. & The [...]. nostris Hibern. trans­mittantur. be, under the Seal of the Chancellor for the time being, transmitted to the King's Justice▪ Chancellor, and Treasurer of Ireland, who are thereby impowered to do Justice: but this is by virtue of the great Seal of England.

7. It Impowers theVocatis ad se Cancel. & Thes. nris Hi­berniae cum quibusdam Prel. & Comi­tibus quos e­vocandos no­verit. Justice, calling to him the Chancellor and Trea­surer, with some Prelates and Earls, whom he shall know to be fit, or that they ought to be summoned, to determine the Differences between the English of Irish Extractions, and which were or should afterwards be of English.

8. It requires the Justice and his Associates, when there was anyEx certa causa sub si­gil. Justic. & sibi associator. special Cause, to certifie to the King & his Council of England, the Names of all Persons guilty, and their Offen­ces.

Since Mr. M. having, as he fan­cied,P. 161. clearly made it out, thatP. 150. for Ireland to be bound by Acts of Par­liament of England, is against several Charters of Liberties granted unto the P. 161. Kingdom of Ireland, thinks he had no need to add any other Authority [Page 179] than a piece of that Charter, of the substance of which I have given an Account, with all the distinguishing Expressions; I might well enough close here, and leave it to himself to consider, whether when a Parliament is granted, or allowed, to the Land of Ireland, in the fullest terms that ever it was in any King's Reign, that can be shewn; there was not at the same time a full exercice of the Power of the Crown and Kingdom of England, in making Laws, and requiring the Execution of others made in England, without any desire or expectation of a Ratification there?

And whether even their Parlia­ments are not threatned, if they send false intelligence to England?

For full proof that in this Ordinance, the Authority of the Parliament of England was rete [...]d and asserted, I must observe to Mr. M. that this No­ble Charter to Ireland, is but accord­ing to the usual Methods of Publish­ing Acts of Parliament, put under the great Seal, and thereby made a Pa­tent or Charter: but 'twas an Or­dinanc [...], [Page 180] V [...]d. R [...]t. [...] t [...]mp. [...] E. 2. [...] m. 12. or Act, of Parliament, for the State of Ireland, as may be seen by the Statute Roll.

3. After this Statute mentioning [...] S [...]t. [...]. m. [...]. [...] 36▪ E. 1. Parliaments in Ireland, the Parliament here exercised the same Authority in making Ordinances and Laws for Ire­land, and the King and his Council held Ireland to be bound by those Laws, as part of the Realm of Eng­ land.

A Statute made in the 36th of that King provides, that no Lord of Eng­land, nor any other Person of the Realm, except the King and Queen, take purveyance on pain of Life and Member; and takes from Mayors and Constables of Staples, all Jurisdiction in Criminal Causes: but I do not find any mention of Ireland, and yet that both King and Council judged, that the publishing them in Ireland would avail as much as the publishing them in England, appears by the Writ to the [...] Sheriff of Essex and Hertfordshire, re­quiring him to publish the Statutes and Ordinances then made by the King, with the common assent of the [Page 181] Prelates, great Men, and Common­alty, in hisIn [...] Parl. [...] Westm. full Parliament at Westminster; and to return the Writ, with an Account of the Ex­ecution of it to the King in his Chancery.

P [...]r [...] Regem & [...] silium. This Writ is tested by the King.

And inEodem medo [...] est [...] vicecom▪ per Angl. [...] Dunelm [...] Pr. Wal [...] Com. Ce [...] Rob. de [...] Constab. [...] Dover & [...] stod. 5 [...] Justic. [...] the same manner com­mands are sunt to the Justice of Ire­land.

But notwithstanding this Trans­mission to Ireland of Statutes made here, one of which is about Purvey­ance, which is at least the Second of this kind made to bind Ireland, Mr. M. may if he pleases, hold, that this was not Law in Ireland, tillP. 68. Of the fancy that the [...] had represen­tatives [...] in Ireland, [...] sent from the [...] to be [...] of Parliament here. 18. H. 6.

But after all, I would intreat the favour of Mr. M. to inform me, whether, according to himself, such Acts of Parliament in Ireland, were needful to Confirm Laws made here; when, if he puts a right con­struction upon the Record above cited,P. 95. 9 E. 1. and of the Record,P. 97. 50 E. 3. of a Writ from hence for the Expences of the Men of Ireland, [Page 182] who last came over to serve in Parlia­ment in England; The Men of Ire­land us'd to send their Representa­tives hither, to the making the Laws by which they were to be bound: tillP. 98. this sending of Representa­tives out of Ireland to the Parlia­ments of England, was found in process of time to be very trouble­some and inconvenient.

But whatever Mr. M. may imagin in this matter, that sort of represen­tation of Ireland in the Parliaments of England, was no more than they had in the time of H. 3. and have 'tis likely generally had to this day, of persons entrusted to sollicit theVid. Rot. Parl. de temp. E. 3. Affairs of Ireland, upon their nume­rous Petitions to the King, and his Council in Parliament; for which Receivers and Triers used to be ap­pointed, or other matters of con­cern to them. But whether they were chosen by theirVid. Rot. Pat. 5. R. 2. part 2. m. 19. Their Parliament re­quired to send Nuncios. Parliaments, when they had them, or elsewhere, their Expences, as appears by theP. 97. Record cited by Mr. M. were levied by Authority under the Great Seal of England.

[Page 183] But I will shew a Record of the time of H. 3. when I will agree, that they hadRot. claus. 32 H. 3. m. 6. d. Rex Baronibus Hiberniae. Nuntii, Messengers, de­puted, as 'tis likely, from a Parlia­ment in Ireland.

H. 3. in his Writ, or Letter, to the Barons of Ireland, takes notice,(c) Nuntil ex parte vestr [...]. that, by theDe nostro­rum consilio. advice of his People, he had given a favourable answer to some of their requests, made known by persons deputed from them. But because those persons alledged, that their Instructions were to insist upon all the particulars of their Requests; the King sends a Precept to the Ju­stice of Ireland, under the Great Seal of England, requiring him, as it seems, to summon a Parliament; for, he was carefully to open theUt eisdem articulis vobis diligenter ex­positis, &c. matters before the Barons of Ireland, and to know what they would give for the Liberties they desired.

Et nos praed. negotium ad nostrum & v [...] ­strum hono­rem effectui mancipare cu­rabimus sine ex heredatione vestrâ. The Justice had no Authority to have those Liberties setled in a Par­liament there, but was to signify their Answer to the King; upon which the King would do what should be fit­ting, without taking any Right from them.

[Page 184] That this was to be done in Par­liament here, and that the Messengers from Ireland were no Members of that Council of the King's People which sent the Answer, is beyond dispute; nor is there colour to be­lieve, that any of their Deputies, or Representatives, had in any King's Reign more to do here, than those of the time of H. 3. had..

P. 96. But surely no Man but Mr. M. will conclude, that such Instances, or the mention of the Consent, or Petition of the Irish in some Particu­lars, manifestly shew, that the King and Parliament of England, would not enact Laws to bind Ireland, without the concurrence of the Representatives of that Kingdom.

Since therefore I have proved to the contrary, from H. 2's first acqui­sition, till towards the latter end ofP. 85, 98. E. 3. and Mr. M. declares, that he will consider the more antient Prece­dents of English Statutes which parti­cularly name Ireland, and are there­fore said to be of force in that King­dom; I might rest here, did not Mr. [Page 185] M. take notice of the Statute of theOf the Statute of the Staple, 2 H. 6. and the Resolution of the Judges upon it. Staple, 2 H. 6. and the Resolution of the Judges upon it, 1 H. 7. in such a manner as makes it requisite to be set in a truer Light.

The Merchants of Waterford, pur­suant to the Licence granted them by E. 3. and confirmed by E. 4. had carried Wool, contrary to the ordi­nary provision of the Statute 2 H. 6. which being seized by the Treasurer of Cal [...]is as forfeited, part to the King, and part to himself as disco­verer; The Merchants by Bill in the Exchequer here, pray restitution. 'Tis to be observed, that the Act upon which the Wool was seized, tho it creates a forfeiture of the value of Wool, Butter, Cheese, and other staple Commodities, carried from England, Ireland, and Wales, to o­ther parts than Calais, and gives the Informer a 4th of what shall be car­ried contrary to that Act, from a­ny County of the Realm, makes noPais du Roi­alm. mention of Ireland as to the Infor­mers share; and therefore his Inte­rest [Page 186] could bear no debate, unless Ireland had been included, and the Counties of Ireland were Counties, within the Realm of England.

P. 90. But Mr. M. says, the 2d Question was, Whether the King could grant his Licence contrary to the Statute, and especially where the Statute gives half the Forfeiture to the Discoverer. ButSalve la Pre­rogative le Roy. he might have observed, that the Statute has an express saving of the King's Prerogative, which goes thrô the whole, and certainly related to the King's granting Licences to the contrary in some particular Cases: Notwithstanding which, 'twas the opinion of the Parliament the next year, that this saving was not suffici­ent: and therefore the King, at the3 H. 6. c. 4. grievous complaint of the Commons, impowers the Chancellor of Eng­land to give Licences for Butter and Cheese, at his discretion.

As to the question, Whether Ire­land was bound by the Stat. 2 H. 6. Mr. M. pretends to transcribe verba­tim, P. 90. what relates to it in the Year-Book, 2 R. 3. The matter, as he observes, was [Page 187] brought before all the Judges of Eng­land in the Exchequer Chamber; but after [ibi] he omits the word [di­cebatur] P. 91. it was said, not per curiam, but at the most only by some Judg or Judges; and might have been only by one of the Counsel for the Mer­chants. Whoever then held that Ireland was not bound by that Act, might have spoken it in relation to the Informer, who could claim no share of any Forfeiture incur'd from Ireland, unles the Counties of Ire­land, were taken to be Counties within the Realm of England: But even as to this matter they were soon convinced of their mistake, in thinking Ireland was not bound by that Statute.

Mr. M. might have learn'd from the Year-Book, 1 H. 7. that this was so far from the resolution of the Court 2 R. 3. that there was no Judgment, but the Bill fell upon the1 H. 7. Note. Ireland not named, yet the Courts in Ireland cer­tainly included. demise of that King; which till the Statute 1 E. 6. was a discontinuance of all real, personal, and mix'd Ac­tions commenced in any of his Maje­sty's [Page 188] Courts, and other Courts of Re­cord. 1 H. 7. f. 3. And therefore 1 H. 7. the Suit was begun again, as if commencedCome bill. fait en temps le Roy que ore est. in that King's Reign; and then the question coming before all the Judges in the Exchequer Chamber, Hussey the Chief-Justice, delivering the Judgment of the Court, declar­ed, with the assent of the rest of the Judges, that Ireland was bound by that Act, and I leave to Mr. M. to make it out, that this was directly P. 92, 93. contrary to the Judges opinion in the 2d of R. 3. or that they were all positive, that within the Land of Ire­land, the Authority of the Parliament of England will not affect them.

If there had been any such opi­nion, 'twas not delivered as the Judg­ment of the Court; and however, the Resolution 1 H. 7. has setled the Point another way.

This Case is abridg'd, and the Re­solution receiv'd for Law by Brook, a Learned Judg in the Reign of H. 8. without any query, which is usualVid. Brook. tit. Parl. sec. 90. where he doubted: his tamen nota, that Ireland is a Kingdom by it self, and [Page 189] has Parliaments of its own, implies no more than that this, tho objected 2 R. 3. was of no weight to alter that judgment; and is as much as to say, a Kingdom may be distinct from the Crown of a Kingdom to which it is annexed, and have Parliaments at home; and yet be govern'd by the Statute Laws of that other Kingdom as subordinate to it. And tho the nam­ing that subordinate Kingdom in an Act of Parliament here, or the other­wiseP. 118. Is Ire­land's being named in an English Act of Parliament, the least step to­wards the ob­taining the con­sent of the peo­ple of Ireland? manifesting an intention to bind it, is no step towards obtaining a Par­liamentary consent in Ireland; yet 'tis towards the submission and ac­quiescence of the People to those Laws, by which they and their Fore­fathers had consented to be governed.

I may now leave it to Mr. M. to an­swer his own Questions, Shall Ireland P. 157. receive Charters of Liberties, and be no partakers of the freedoms therein contain­ed? or do these words signify in England one thing, and in Ireland no such thing?

Nor need I much fear his terrible Expostulation, Whether it be not a­gainst P. 155. natural Equity and Reason, that a Kingdom regulated within it self, [Page 190] and having its own Parliaments, should be bound, without their consent, by the Parliament of another Kingdom? But I should hope that he will admit it to be against natural Reason, to go away with a Conclusion, without some colour of proving the Premises; and therefore before he had laid it homeP. 105. to English hearts to consi­der, Whether Proceedings only of thir­ty seven years standing, shall be urged against a Nation, to deprive them of the Rights and Liberties which they en­joyed for five hundred years before; He would have done well to have proved, that any one Century, or much less number of years, for these five hundred years & more, Ireland was ever, according to the terms of his own Question, regulated within it self; or, that 'tis a Kingdom of more thanFrom 33 H. 8. An. 1542. at soonest. one hundred and sixty years standing.

But it seems justP. 105. thirty seven years since, and never before, the Rights and Liberties which they had quietly enjoyed till then, were invaded, and from that day to this have been con­stantly complained of. 'Tis not to be [Page 191] expected, that a man who remem­bers so little of those many Acts of Parliament made in Ireland, which might have moderated his assurance in this matter, should keep in memo­ry even his own concessions to the contrary; as where he grants, that the Parliaments of England did atP. 65, 66. least claim a superiority, before the 10th of H. 4. and 29 H. 6.

P. 68. Object. But then he says, We have not one single Instance of an English Act of Parliament▪ expresly claiming this right of binding us; but we have se­veral Instances of Irish Acts of Par­liament expresly denying this Subordi­nation.

Answ. 1. As to the express claim­ing an Authority to do what is done, by virtue of an Authority always suppos'd; that's so far from an Argu­ment against it, that it shews 'twas never call'd in question.

2. No Act of Parliament, even in Ireland, can be shewn or pretended, denying the Subordination; not but that there might be some question of the general binding, for want of due [Page 192] publication, either under the Great Seal of England; or of otherwise knowing the Intention of the Parlia­ment of England: This, not theP. 79. Authority, was the Ambiguity men­tioned in the Statute of Ireland, 8 E. 4. in relation to a Statute 6 R. 2. which, without naming Ireland, al­ters a Law that did name it.

3. If there were such Act of Par­liament in Ireland, 13 E. 2. as 'tisP. 63, 64. supposed that a certain Judg in Ire­land had seen, and that we might re­ly upon his Judgment in the sense of it; receiving some Laws before that time made in England, and suspend­ing the execution of others; what I have shewn above from undoubted Records, may be enough to shew, that this would not in the least weaken the Right of the Parliament of England, exercised before and af­ter that time: And if there were a­nother Statute, 10 H. 4. that no Laws should be of force, unless they were allow'd and published by a Par­liament in Ireland: This, tho 'tis a strain farther than 'tis likely any Par­liament of Ireland ever yet went, [Page 193] would not necessarily infer any more, than that the Laws made in England should be thus published, to the end they might be more ge­nerally known; not but that the intention of the Parliament of Eng­land, made known under the great Seal of England, was as much to be obeyed as their own RecordVid. sup. Da­vis f. 21. b. shews that 'twas 29. E. 1.

The Authorities above▪cited ha­ving manifested the several Titles which the Crown and Kingdom of England have to the Land of Ire­land; and that from the 18th. ofAn. 1172. H. 2. at the latest, downwards as far as Mr. M. makes any con­troversie, neither the Irish Nation, nor the English there, have been govern'd without the interposi­tion of the Parliament of England; and that the Parliament of Ireland had all its Laws made here, or de­rived under Authority from hence, and that not from the King's alone, or the Kings and their Pri [...]y Coun­sels▪ but their Parliament; that the Parliaments of Ireland have had no Provision for their being hol­den [Page 194] within any certain time, nor ever had Authority given them to act as independent on the Parliament of England; I may well conclude, that the right of the Parliament of England to bind Ireland by Laws made here, without any Members chosen for Ireland, is so far from being departed from, that 'tis strengthened and confirmed by the continual usage of the Parliaments of England, and submission of the Parliaments and People of Ireland: to which 'twill be needless to add the consideration of the inestimable Treasure spent in several Ages, for maintaining the English Interest there; and the late freeing it from an Universal Insurrection, and Usur­pation.

His politicks and seeming po­pular notions wrong, and [...]is­applyed. 4. Having us'd the proper means to convince Mr. M. by the true argumentum ad hominem, shewing that the chief Weapons which he uses turn strongly against himself; I need the less apprehend the natu­ral force of his reasoning upon dry Notions.

[Page 195] The right says he, which Eng­landP. 4. may pretend to for binding us by their Acts of Parliament, can be founded only on the imaginary Title of Conquest, or Purchase, or on Pre­cedents and Matters of Record.

Wherein he admits, that Prece­dents and Matters of Record, may give a Right, which is neither by Conquest nor Purchase: and of this the Authors he refers to might satisfie him at large. I'll agree with him, that on consent depends P. 150, 151. the obligation of all humane Laws: insomuch that without it, by the u­nanimous Opinions of all Jurists no sanctions are of any force.

But do any of them say that the consent is necessary to be exprest, and that immediate? if it were the Sons could not be bound by those Laws which their Fathers chose, in restriction of natural liberty; andP. 152. Hooker l. 1. sec. 10. he might have observ'd, by his own Authors, and even in the Words cited by himself, that approbation, not only Men give, who personally de­clare their assent, by Voice, Sign, or act; but also when others do it in [Page 196] their names, by right originally at least derived from them, as in Par­liaments, Councils, &c.

He adds, To be commanded we do consent, when that Society whereof we are part, hath at any time before consen­ted. Farther yet, whatever Free­doms the Progeny of the English and Britains now in Ireland claim with the natural Born Subjects of Eng­land, as being descended from them; 'tis certain, every Man here does not, as an English-man, claim to be a Member of Parliament, or to have a Voice in chusing one: But there are many without this Privi­lege, who have been concluded by the consent of their Forefathers, and their own▪ agreeing to stay within a Kingdom govern'd by such Laws, to which they owe Obe­dience and Submission, at least as long as they will receive the bene­fit of them, and the protection which they assure.

This is the case of those English­men, who chuse to live in Ireland, under the Protection of England; without which the Protestants [Page 197] there could not have subsisted, in any Age since the Reformation: and if the Irish Natives are not con­quer'd, or the Right of Conquest over them, ought not to be carryed beyond the reparation of the Da­mages P. 24. sustained from them; or if a just conquest gets no power, but on­lyP. 20.over those who have actually assi­sted in that unjust force; and if the right of conquest extends little f [...]r­ther, P. 21. than over the Lives of the Con­quer'd, but their posterity can lose no benefit thereby: If an outragi­ous and Brutal Enemy, may not be restrain'd from doing farther mis­chief, by the taking from him that Power and Estate which would enable him to carry on his Designs; if the posterity may not suffer in the consequence of this, as the aggressor's property is be­come the Conqueror's; if the Chil­dren may not be restrain'd from re­venging their Father's Quarrel; let the English in Ireland look to it, how to ju [...]ifie those Possessions which they enjoy, by the help of the Crown and Kingdom of Eng­land: [Page 198] and if their Consciences are squeamish, let them renounce their Right to the Lands of the Natives▪ but let them not bring in to que­stion the Right of Engl. to all Foreign Plantations: and let them never fear that equal Power here, to which a great part of the English Nation are resigned, without any other kind of consent, than the People of Ireland have given, to the Laws made in England, with intention to bind them, and be published there.

As to his notion of Purchase; Vid▪ P. 143. The People of England ought to be fully re­pay'd. whenever Ireland will repay the value of the Purchase, that inesti­mable and infinite expence of Men, Money, Victuals, and Arms, which their own Parliaments own to havePrerog. protected and supported them for several Ages; there's no great que­stion but England would be wil­ling to leave 'em to their own ways.

Whereas he will suppose, that the Authority, which the Lords and Commons of England have ex­ercised from Age to Age, in rela­tion [Page 199] to Ireland, would imply that the Parliament of England haveP. 166. claim'd a coordinate Power with the King; what is this but to argue, that in relation to England the Par­liament is coordinate? however, as by Parliament he means only the States of the Kingdom; 'tis evident this insinuation proceeds from his not observing the Gothick constitution, for which he would be thought very zealous▪ but might have known, that the States of the Kingdom, or the ordines regni, are those who are entituled to meet the King in Person, or by repre­sentation, in his Parliaments; where the King is a distinct Body Politick by himself: and, having the Supre­macy, is manifestly above the or­dines regni.

But tho' the Head which Mr. M. raises, about the suppos'd injury to Prerogative, be only upon a pre­tended coordinate Power with the King, he carries it farther: and will have it, that for the States of P. 166, 167. this Realm to use an Authority, tho' subordinate to the King, to intro­duce [Page 200] new Laws, or repeal old, estab­lish'd in Ireland, is a violation of the Const [...]tution of Ireland under Boyning's Act, and of the Preroga­tive of the Crown of England; which he supposes to have been highly advanced by that Statute speaking of the effect of which he says,

‘The King's Prerogative is ad­vanced to a much higher pitch than ever was challeng'd by the King's in England, and the Par­liament of Ireland stands almost in the same bottom as the King does in England: I say; almost on the same b [...]ttom; for the Irish Parliament have not only a Ne­gative (as the King has in Eng­land) to wha [...]ever Laws the King and his Pri [...]y Councils of both, or either Kingdom, shall lay be­fore them; but have also a li­berty of proposing to the King and his Privy Council here, such Laws as the Parliament of Ire­land think expedient to be pass'd: which Laws being thus propo­sed to the King, and put into form, and transmitted to the Par­liament [Page 201] here of Ireland, accor­ding to Poyning's Act must be pass'd or rejected in the very words, even to a little, as they are laid before our Parliament; we cannot alter the least Iota.

In this Narrative of their Con­stitution under that Law, he has3. C. 4. P. M. Vid. etiam Mr. M. p. 160. of the Sta [...]. 10. H. 7. omitted the mentioning what is very material, that the Kings an­swer to what they propo [...]e, is to be transmitted under the great [...]eal of England, and this is to be the Licence and Authority for the hol­ding a Parliament in Ireland; and therefore their Acts of Parliament since that settlement, mention their being held by Authority under the Great Seal of England.

And there were two obvious ends and effects of this Law, as Mr. M. himself owns, 1. ‘The pre­vent [...]on of any thing passing in the Parliament of Ireland surrepti­tiously,P. 160. to the prejudice of the King or the English Interest of Ireland: to which I must add, or of Eng­land.

[Page 202] 2. To take from the Irish there, all colour of pretence of holding Parliaments as an independent King­dom by virtue of any Authority within that Land.

But how the King's Prerogative in the Legislature was advanced by this I do not understand: since long before, as well as notwithstanding this supposed Constitntion of an In­dependent Parliament, held by Au­thority from the Great Seal of Eng­land; the King had, and has, the Prerogative, not only to dissolve the Irish Parliaments at his Pleasure; but never to call any: which this Gentleman ought to fear, least such a claim as he makes might occa­sion: and I would gladly know, what part of their Constitution provides for the frequent holding of Parliaments in Ireland: yet fre­quency of Parliaments in England, is an undoubted part of the Fun­damental Constitution of the English Monarchy.

Farther, is it any advance to the Prerogative in the Legislature, that a Prince who has the full exercise of [Page 203] an absolute Legislature at home, is only possessed of a Provision against having any attempt made, to the lessening that his settled and indu­bitable Prerogative?

I must needs say this Gentleman has a way of arguing beyond my apprehension▪ for I cannot see the consequence, how the Preroga­tive should be advanced, if, as he will have it, the Irish Parliament is put almost on the same bottom, as that the King stands on in England: if it be so, I should think it a les­sening of the Prerogative, to have an Irish Parliament almost coordi­nate with him: which Mr. M. is very fearful least an English Parlia­ment should pretend to.

And I as little understand the reason he gives, why the Parlia­ment of Ireland stands almost upon the same bottom with the King; for says he, they have not only a Negative Vote as the King has in England, but liberty to propose; yet the Laws must be pass'd or re­jected without alteration: This I take to be Foreign to the bottom on [Page 204] which, either the King or that Par­liament, stands. If it be meant that they are, in a manner, as absolute in this negative and liberty of pur­posing, as the King is in England: since it relates only to Law▪ first desired from Ireland, either by the Privy Council▪ or Parliament there; this Constitution of their Parliament, is so far from giving them a ne­gative to the Laws pass'd in Eng­land, with declared intention to bind them in Ireland, that the Au­thority of England is wove into the very Constitution; and the Par­liaments of Ireland own that Au­thority by their very Sitting and Enacting.

M [...]. M. having represented that Consti [...]ution of their Parliaments, by which he thinks they stand al­most upon the same bottom as the King did here, makes this strong as­sumption.

‘If therefore the Legislature of Ireland stand on this foot in re­lation to the King, and to the Par­liament of Ireland; and the Parlia­ment [Page 205] of England do remove it from this bottom, and assume it to themselves, where the King's Prerogative is much narrower, and as it were reversed (for there the King has only a negative Vote) I humbly conceive 'tis an encroachment on the King's Pre­rogative.

But he might consider,

1. That as here by the Parlia­ment he takes Lords and Commons without the King; he mistakes the Fact in relation to their exercice of Power: for they do not assume to themselves the Power of making any Law, but with, and under the King.

2. Neither do they, in the high­est exercice of their Power, take from the Irish any thing allowed or directed by Poyning's Law, or any other Constitution.

3. They do but assert the Chief Prerogative of the Crown of Eng­land, by which▪ due consent being bad, our Kings give Laws to this Realm, and all the Dominions be­longing to it.

[Page 206] 4. The ancient course of the Pro­ceedings of the Parliaments of England▪ and their making all man­ner of Provisions for the Govern­ment of Ireland, evince, that Poyn­ing's Law was rather an Indul­gence to the English there, direct­ing a Method for their maintain­ing the face of a Legislature among themselves, than any restraint of Power before vested in the Parlia­ments of England. And after all, this Law was never, as I take it, confirm'd by a Parliament of Eng­land. I must not here omit the consequences which Mr. M. draws, from the Parliament of England'sP. 170. pretending Power to impose any one Law upon Ireland.

1. That 'twill naturally intro­duce the Taxing them without their consent.

2. That 'twill leave the People P. 171. of Ireland in the greatest confusion imaginable: that they are not per­mitted to know, which is the Su­preme Authority which they are bound to obey, whether the Parlia­ment of England, or that of Ire­land [Page 207] or both; and that the uncertain­ty is or may be made a pretence for disobedience.

3. That 'twill be highly inconve­nient for England; may make thePag. 172. Lords and People of Ireland think they are not well used, and may drive them into Discontent.

Of the Conse­quence in re­lation to Taxes. 1. Not here to consider, how far the Lordship of the Land of Ireland may infer the Taxing it; if it should refuse to concur as it ought, to its own Preservation: since the Law of necessity is no farther to be used, or considered, than while the ne­cessity is apparent; I may say, that this is no consequence to be appre­hended, and that as the Right of Taxing, does not follow from the Right of Governing; and the Na­ture of the Government depends upon the first Submission, and that In­terpretation and Confirmation of it, which both the governing Nation, and the governed have put upon it: I must infer, with deference to the National Authority, that the Power which England has from the time of H. 2. claimed and exercised over [Page 208] Ireland, does not naturally introduce the Taxing them without their con­Consent;Pag. 88, 89. yet, if the Modern Pre­cedents of English Acts of Parlia­ment alledg'd against Mr. M's Noti­on, are Innovations, and only of Pag. 105. 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.

Of the uncer­tainty what Au­thority to obey. 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, [Page 209] 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 Pag. 58. 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 Pag. 16 [...]. 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 [Page 210] 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.

Of the supposed Inconvenience to England▪ 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 [Page 211] 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 [Page 212] 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 [Page 213] in the Time of H. 2. as 'tisVid. Glanvil de Seditione Regis vel Reg­ni inter crimi­na lesae Maje­statis. 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?

[Page 214] 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 [Page 215] 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 Subjection?

14. Whether the Jews, and o­ther Nations subject to the Roman Empire, had not much more plau­sible pretences for casting off the Roman Yoak, than the Irish have for disowning the English Legisla­ture?

Vid. Rot. Parl. temp. E. 3. & H. 5. 15. Whether our Victorious and Heroical Kings, E. 3. and H. 5. thought it any diminution to the Prerogative of the Crown of Eng­land, for their Parliaments to be joyn'd with them, in giving Terms [Page 216] to those Parts of France, which were brought under the Crown of England, in Wars carried on at a National Expence?

16. Whether, notwithstanding his Concession, that every King of England, is ipso facto King of Ire­land; the contrary does not fol­low from his Notion of Preroga­tive, of Irelands being a compleat Kingdom reg [...]ed within it self; and the Supposition that Acts of Parliament in England cannot bind Ireland, till confirmed by Parlia­ment there?

17. Whether therefore accord­ing to his way of arguing, the Sub­jects of Ireland, who fought under King William, before he was recog­nized by a Parliament in Ireland, then served their Lawful and Right­ful King.

18. Whether to dedicate to His present Majesty, a Book of such con­sequences as the direct Answer to these Questions would manifest, argues a due Opinion of His Maje­sty's Judgment and Penetration?

FINIS.

ERRATA.

PAg. 5. Lin. 8. for have'r. know, ib. l. 14. r. grievous, ib. p. 7. l. 9. for must r. might, ib. l. 18. r. you represent, p. 11. l. 26. r. and nature, p. 12. l. 23. r. first expedition, p. 29. l. 25. for will r. would, p. 41. l. ult. for none r. no Char­ter, p. 62. l. 18. r. and that, p. 63. l. 23. r. Jurisdiction which, p. 64. l. 25. r. from, p. 70. l. 5. r. would, p. 87. dele voluntary, p. 95. l. 11. r. H. 3. p. 104▪ l. 13. for the r. that, p. 108. l. 6. r. here, p. 112. l. 4. r. when, p. 115▪ l. 12. dele chief, [...]. 122. l. 20. r. carta, p. 133. l. [...]. r. be then, p. 134. [...]. 1. r. there then, ib. l. 9. for me r. him, p. 139. l. 9. for 1st. r. 17th. p. 144. l. 1. for that r. tho', p. 165. l. 15. r. Prece­dent, p. 173. l. 21. r. Marchers, p. 174. l. ult. dele we, p. 184. l. 24. r. consider only, p. 195. l. 19. r. express, p. 200. l. 4. [...]. Poyning's, p. 201. l. 21. and 22. r. 1. As &c. p. 202. l. ult. r. who, with his States, p. 204. l. 23. for did r. does, p. 212. l. 9. for there r. here.

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