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

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himself Ego Ethelred Rex Anglorum aliarumque gentium in circuitu persistentium I Ethelred King of the English and other Nations living round about And the same stile he uses in the Year 1001. tho as appears above in another Charter of the same Year he stiles himself only King of the whole Island And in another at the beginning of his Reign only King of the English W. I. generally stiles himself no more than King of the English or King of the English and Duke of Normandy Yet as one of his Charters has it he was the most powerful of all the Kings of that time ruling the greatest Empire of England That other Nations were then held to be Dependencies upon the Kingdom of England appears by a Charter of his in the 15 th of his Reign which begins Ego Gulielmus Deo disponente rex Anglorum caeterarumque gentium circumquaque persistentium Rector Dux Normannorū I William by God's Disposal King of the English and Ruler of the rest of the Nations round about and Duke of Normandy After his time his Successors till H. 2. left the Dependencies of England out of their Stile adding only other Dominions which they had as distinct and independent Thus H. 1. to mention no other stiles himself King of the English and Duke of Normandy but before the death of his Brother Robert only King of the English Not here to bring other Evidences of the continuance of the Superiority over Ireland to turn Mr. Molineux his Argument upon him if I shew the Church of Ireland to have been then dependent upon or under the Church of England he must not deny but the State was too Archbishop Parker who must be allowed to have seen and understood the Evidences of the Rights of the See of Canterbury and is agreed to be a faithful Collector speaking of the time of H. 1. shews that upon the vacancy of the Bishoprick of Waterford Murchertach King of Ireland with the Bishops all the Nobility and the Clergy and People of the Island sent to Anselm Archbishop of Canterbury desiring Quatenus ipse primatûs quem super eos gerebat potestate quâ fungebatur Apostolicâ fretus Authoritate sanctae Christianitati ac necessariae plebium utilitati eis subveniret That by the Power of the Supremacy which he had over them and the Apostolical Authority which he enjoyed he would be aiding to holy Christianity and the necessities of the people At their request he upon the death of the Bishop of Dublin consecrated one Malchus whose Bishoprick Pope Eugenius raised into an Arbishoprick But notwithstanding the Popes Eugenius and Adrian had constituted Archbishops there yet they all acknowledged the Supremacy of the See of Canterbury in all things And after Archbishop Parker had enumerated 33 Bishopricks in Ireland he adds Hi omnes 33 Episcopatus usitato antiquissimo regni jure ac instituto Cantuar sedi ut Metropoli parent All these 33 Bishopricks by the accustomed and most antient Right and Constitution of the Kingdom obey the See of Canterbury as the Metropolis If it were doubtful whether he meant that this Right was by the antient Constitution of the Kingdom of England the former Authorities make it evident that it was However I shall confirm them with two more Gervace of Canterbury who lived in the time of H. 2. speaking of Lawrence Archbishop of Canterbury who succeeded the reputed English Apostle Austin says He not only took care of the new Church gathered out of the English but of the old British Inhabitants and also took care of his pastoral Charge over the Scots who inhabit Ireland an Island very near Britain Bromton an Author who is cited by Mr. Molineux mentioning the Dispute about Superiority in the Great Council or Parliament at Winchester in the beginning of the Reign of W. 1. between Lanfranc Archbishop of Canterbury and the then Archbishop of York says Ubi Historia Bedae perlectâ monstratum est à tempore primi Augustini usque ad ultima Bedae tempora quod circiter centum quadraginta annos erat Cantuar. Arch. primatum super totam Britannicae Insulam Hiberniae gessisse Where the History of Bede having been read 't was shewn that from Austin's first coming to the end of Bede which was about 140 years the Archbishop of Cantorbury held the Primacy over the whole Island of Britain and of Ireland Thus I think 't is past dispute that a superiority of Government both in Church and State was vested with the English and by consequence in the Crown of England as the Head from the 6 th of King Edgar at the latest to the year 1151. when the Jurisdiction of Anselm Archbishop of Canterbury was submitted to by the Irish as the antient and undoubted Right of that See Nor can it be imagined without some account of the Circumstances that the Superiority and Authority of England should have been lost in less than 22 years when Mr. M. supposes the Pretensions of England to have had their first ground He will have H. 2. his landing in Ireland to have been occasioned only by a fortunate Expedition thither by some of his Subjects a little before in assistance of some of the Princes or Kings of Ireland who had been oppress'd by a too powerful Neighbour and would insinuate as if the Deliverers were only entituled to be paid for the assistance which they gave and he is so bountiful as to allow that England ought to be repaid all their Expences in suppressing the late Rebellion But as England has supprest that Rebellion against the English Crown it appears by what has been above cited that the disputes between the Kings of Ireland only gave H. 2. opportunity and encouragement to assert the Authority of the English Nation and to restore to the Crown the possession of the City of Dublin and so much of the English Pale as could then be gained with such addition as they could make in a just War to secure those Bounds which had been invaded and usurped upon by a barbarous Enemy In this H. 2. was not to be blamed for that Ambition which has carried Princes to make Conquests since his Expedition was no more than he was obliged to as King of England For as the Confessor's Law has it Debet vero de jure Rex omnes terras honores omnes dignitates jura libertates coronae regni hujus in integrum cum omni integritate sine diminutione observare defendere dispersa dilapidata omissa regni jura in pristinum statum debitum viribus omnibus revocare But the King ought of right to keep and defend all the Lands and Honours all Dignities Rights and Liberties of the Crown of this Kingdom with all integrity and without diminution with all his might to bring back
imply that there is no Subordination 't will 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 Bench of England subordinate to the House of Lords As to the question of their Jurisdiction occasioned as Mr. M's Margin has it by the Case of the Bishop of Derry I need say little here referring him to the Judgment 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 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 'T will 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 't was not for the King's Bench to judg but for that Power from whence their Charter was derived 3. This Petition seems either to have come too late or to have been waved for if it had fallen under consideration 't is 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. has urged And whatever Mr. M. conceives the Annexation of Ireland to the Crown of England will sufficiently 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 separated from the King of England who cannot hereby dispose of it otherwise than in legal Succession along with England and that 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 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 't is not stiled in them all the Kingdom or Realm of Ireland 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 before 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 Queen 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 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 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 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 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 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 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 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 't is 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 Great Seal to exercise that
ratification of the King's Majesty's Stile by the King with the assent of the Lords Spiritual and Temporal and the Commons in that Parliament assembled and by the Authority of the same enacting that all and singular his Grace's Subjects and Resiants of or within this his Realm of England Ireland and elsewhere with other his Majesty's Dominions from thenceforth accept and take the King's Stile in manner and form following H. 8. by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the supream Head And 't is enacted that the said stile shall be from thenceforth by the Authority aforesaid united and annexed to the Imperial Crown of his Highness's Realm of England This related to all Ecclesiastical Power as well as Civil in Ireland as well as England In pursuance of this the Statute 1 Eliz. for the extinguishing all usurped and Foreign Power and Authority Spiritual and Temporal which had been used within this Realm or any other her Majesty's Dominions or Countries enacts That no Foreign Prince or Prelat shall enjoy any Power Jurisdiction Superiority Authority or Privilege Spiritual or Ecclesiastical within this Realm or within any other her Majesty's Dominions or Countries but that such Power c. shall be abolished out of this Realm and all other her Highness's Dominions And that all Power of visiting and correcting for Heresies Schism c. shall for ever by Authority of that Parliament be united and annexed to the Imperial Crown of this Realm Ecclesiastics were to swear that they would maintain all such Jurisdiction Privileges Preeminence and Authority as granted or belonging to the Queen's Highness her Heirs and Successors or united to the Imperial Crown of the Realm And the Queen is impowred to issue out Commissions for the executing that Act. This Statute bound Ireland by plain intention as that 34 and 35 H. 8. did in express words But Mr. M. will have it a mighty Argument that this was of no force in Ireland till received by a Parliament there because after it had bin repealed in England by one Act and another since the Revolution has declared such Commissions to be illegal yet the Chancellor and others in Ireland have held it to be still in force there But 1. He ought to have shewn that the Statute here repealing so much of the Statute of the Queen as plainly exprest an intention that no such Commission should be granted in Ireland as the Statute of the Queen did that Ireland should be subject to the same Ecclesiastical Authority and in the same manner that England was nor is it to any purpose for him to cite the Declarations in the late Statute of the illegality of such Commissions unless that Act had damn'd such Commissions not only as being contrary to the Act of Repeal but not to be warranted by the Statute of the Queen but then this would have condemned the Resolution which he cites of the Authority of such Commissions still in Ireland 2. Admit Mr. M. should prove that the Statute made in England taking away the Authority of such Ecclesiastical Commissions here as plainly intended to reach Ireland 't will afterwards appear that unless Mr. M. shew that this Act had been transmitted to Ireland under the Great Seal of England the supposition that such Commissions may still be legally executed in Ireland will not in the least derogate from the Authority of the Parliament of England 3 dly But how contrary his supposal of an independent Authority in the Parliament of Ireland is not only to the Laws of reasoning but the Authorities of all times from H. 2. downwards has already appeared in some measure and may farther by some Authorities out of many which will manifest that the Rights of the Crown of England to impose Laws upon Ireland by virtue of prior submissions and consent is so far from being departed from that 't is strengthned and confirmed by long exercice and submission to it Mr. M. considering the State of the Statute Laws of England under H. 2. King John and H. 3. agrees That by the Irish voluntary submission to and acceptance of the Laws of England we must repute them to have submitted themselves to these likewise till a regular Legislature was established among them in pursuance of that voluntary submission and voluntary acceptance Yet he soon forgets this Concession and would have it that the men of Ireland were not bound by new Laws but that the Grants of Liberties from Edward the Confessor's time down to H. 3. were only declaratory Laws and confirmations one of another and that thus Ireland came to be govern'd by one and the same common Law with England I must confess I could not but smile at his Marginal Note upon the proceedings of the Parliament at Oxford in the Reign of H. 2. by this Ireland made an absolute separate Kingdom And in the Body of his Book he says We shall observe that by this donation of the Kingdom of Ireland to King John Ireland was most eminently set apart again as a separate and distinct Kingdom by it self from the Kingdom of England and did so continue until the Kingdom of England descended and came unto King John But to help him to understand this matter I shall mind him of another passage in Hen. II's Reign As he placed his Son John in Ireland he to secure the Succession of the Imperial Crown of England to his eldest Son Henry caused him in a Parliament to be chosen and made King of England while Henry the Father was alive Now did the Father by this separate England from his own Jurisdiction No certainly and indeed in the Oath to the Son and the homage perform'd both at the Coronation and afterwards by the King of Scots there was a particular saving of the Allegiance and Homage due to the Father Thus both Hoveden and Bromton shew that 't was in relation to the constituting John King of Ireland as they call him they are express that they to whom the Lands of Ireland were distributed in that very Parliament which gave John his Office and Authority were sworn to the Father and the Son And Mr. M. might have observ'd that a Charter pass'd in that Parliament and cited by Sir John Davis grants to Hugh de Lacy large Territories in the County of Methe to hold of H. 2. and his Heirs Whereas if Ireland had been given as Mr. M. will have it to John and that thereby 't was made an absolute Kingdom separate and wholly independent on England The Tenure must have been of John and his Heirs The Oath of Allegiance which in those days used to have no mention of Heirs was to H. 2. as King of England and went along with the Crown but the Tenure reserved was expresly to the Heirs of H. 2. which must relate to the legal Successors to
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 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 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 a Anciently 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 d Dr. 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 a Vid Jani Anglor faciem nov ed. An. 1680. b Vid. Dr. Brady 's Append to his Co●pleat History cited in f. c 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 d Jus Anglorum ab antiq Votes Lunae 27 Junii 1698. Vid. Mat. Par. Addit f. 281. De foris facturâ regni per Johannem regni vacatione per ejusdem demissionem in manus Papae * Mr. 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 't is the Cause of the whole Race of Adam that I argue c. Pag. 3. Vid. Plin. Pan. Quàm nunc juvat provincias omnes in fidem nostram deditionemque venisse Postquam contigit Princeps terrarum c. Pag. 25. * 'T is only damage sustain'd that gives title to another man's goods * Mr. Molineux his complaint against the Parliament of England Vid. Dedication Pag. 3. P. 64 66. P. 68 99. P. 105. P. 107. Nay but one Throne the two Kingdoms P. 108. P. 111. Pag. 114. a P. 128. b P. 129 133 139. c P. 147. d P. 163. e P. 154. f P. 157. g P. 161. h P. 166. i P. 168. Vid. e Cont. sup p. 64 66. k P. 170. l Ibid. m P. 171. n Ibid. o P. 172. Pag. 3. The true Foundation and Nature of the Right of England over Ireland Vid. p. 3. P. 14. Pag. 6. of the first annexation of the Land of Ireland to the Crown of England Lambard's Archainomia f. 148. de Jure Appendiciis Coronae Regni Britanniae a Bibli●●h Cot. sub effigie Julii B. 11. b Claudius D. 2. Na. c Guernsey 〈◊〉 I take it Circa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rot. Cart. 5. E. 2. m. 12. n. 25. 3 E. 3. m. 10. n. 23. Pro Priore Conventu Wigorn per inspeximus An. 964. regni sui 6. Rot Pat. 12. E. 2. m. 13. n. 42. Rot. Cart. 2 E. 3. m. 23. n. 78. An. 970. Cart. Antiq. in Turr. Loud B. n. 11. a Rot. Car● 5. E. 2. m. 12 n. 25. b Rot. Cart. 5. E. 3. m. 1● n. 17. per Prior Convent sanctae Frischeswide Oxon. An. 1084. re●●i● 25. a Rot. Cart. 5. E. 3. m. 32. n. 85. A. 979. b Rot. Cart. 36. E. 3. m. 7. n. 3. A. 964. c In Bib. Cot. An. 1001. d Monast 1. vol. f. 94. a. A. 983. a Rot. Cart. 5. E. 3. m. 32. n. 85. pars unica A. 987. b Hist Elyens in Bib. Cotton c 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. d Cartae Antiquae in Turri Lond. D. n. 12. Coenob de Salebi● e Cart. An tiq Q. n. 2 An. 1081. * Bib. Cot. sub Effigie Claudii 9 Regist Abind dehund de Hormmere † P. 129. If our Church be free and absolute within it self our State must be so too Of the Superiority and Authority of the Church of England over the Church of Ireland * Parker 's A●tiq Brit. Et quique Nobiles cum Clero * Petitioni ●orum Armuit † Fo. 23. Ann. 1151. Ibid. 𝄁 Ib. F. 23. Nihilominus Cant. Primatem in omnibus agnoscunt * Antiq. Brit. sup Inter decem script Gerv. Dorob Actus Pontif. Cant. F. 1633. Ann. 605. Nec non Scothorū qui Hiberniam insulam Britanniae proximam incolunt pastoralem impendere sollicitudinem curabat Brompton F. 970 971. de An. 1071. * Not that the whole History need have been read in the Council but the chief Passages produced by them who had read it P. 8. An. 1172. P. 6 7 8. Of H. 2d 's landing in Ireland P. 144. The justification of H. 2d's Expedition Lambard's Archaionomia F. 138. De Regis Officio c. Vid. Leges St. Edw. Tit. Greve Ryley's Placita Parl. 29 E. 1. Vid. In● Anglia sacra Giraldus Cambrensis de rebus a se gestis Pars 2. c. 14. Angl. sac sup pars 2. F. 485. speaking of King John Pater ipsius intrandi Hiberniam sibique
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 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 others will say neither ought they to have any protection 'T is 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 against 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 be carried no further than the 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 departed from that 't is 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 1 st Mr. Molineux would insinuate into his 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 juncture of Affairs when the business of Ireland is under the consideration of both Houses of the English Parliament 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 He complains That Acts of Parliament in England before the 10 th of H. 4. and 29 th of H. 6. had pretended to bind Ireland without any confirmation there tho they have not expresly claim'd this Right 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 the 10 th 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 The first attempt which this Gentleman complains of since his Majesty's happy accession to the Throne of these Kingdoms is an Act made in great compassion for Relief of the Protestant Irish Clergy The next is one prohibiting all 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 't is 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 the 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 Reign and they are made of all his Majesty's Subjects the most unfortunate These Acts are complained of as Violations of the Rights of a Kingdom compleat and absolute in it self without any subordination to England especially in relation to Parliaments That they are contrary to that amity which should be maintained between distinct Kingdoms or the Children of one common Parent which have distinct Rights and Inheritances absolutely within themselves and inconsistent with the Royalties and Preeminence of a separate and distinct Kingdom Against the common Laws of England which are in force both in England and Ireland by the original Compact Against the Statute Laws both of England and Ireland Against several Charters of the Liberties granted to Ireland Against the King's Prerogative Against the practice of all former Ages Against several Resolutions of the learned Judges of former times Destructive of Property Introductive of the greatest confusion and uncertainty imaginable And lastly inconvenient for England being likely to 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 Council 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