Selected quad for the lemma: religion_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A51131
|
The case of Ireland's being bound by acts of Parliament in England stated by William Molyneux.
|
Molyneux, William, 1656-1698.
|
1698
(1698)
|
Wing M2402; ESTC R30063
|
64,004
|
194
|
THE CASE OF IRELAND's Being BOUND by Acts of Parliament IN ENGLAND Stated BY William Molyneux of Dublin Esq Dublin Printed by Ioseph Ray and are to be Sold at his Shop in Skinner-Row M DC XC VIII TO THE KING SIR THE Expedition Your MAJESTY Undertook into England to Rescue these Nations from Arbitrary Power and those Unjust Invasions that were made on our Religion Laws Rights and Liberties was an Action in it Self so Great and of such Immense Benefit to our Distressed Countries that 't is Impossible to give it a Representation so Glorious as it Deserves Of all Your Majesty's Kingdoms none was more Sensible of the Happy Effects thereof than Your Kingdom of Ireland which from the Depth of Misery and Despair is Raised by your Majesty to a Prosperous and Flourishing Condition And we presume most humbly to Implore the Continuance of Your Majesty's Graces to us by Protecting and Defending those Rights and Liberties which we have Enjoy'd under the Crown of England for above Five Hundred Years and which some of late do Endeavour to Violate Your most Excellent Majesty is the Common Indulgent Father of all your Countries and have an Equal Regard to the Birth-Rights of all Your Children and will not permit the Eldest because the Strongest to Encroach on the Possessions of the Younger Especially considering with what Duty Loyalty and Filial Obedience we have ever behav'd our selves to Your Majesty Insomuch that I take leave to Assert That Your Majesty has not in all Your Dominions a People more United and Steady to Your Interests than the Protestants of Ireland Which has manifestly Appear'd in all our Actions and Parliamentary Proceedings since Your Majesty's Happy Accession to the Throne To Relieve the Distress'd has ever been the Peculiar Character of Your Majesty's Glorious Family The United Provinces have found this in Your Famous Ancestors And all Europe has been Sensible of this in Your Royal Person To this End more particularly You came into these Kingdoms as Your Majesty has been pleas'd to Declare And as You have Establish'd the Rights and Liberties of England on a Foundation that we hope can never be shaken So we doubt not but Your Sacred Majesty will have a Tender Care of Your Poor Subjects of Ireland who are Equally Your Subjects as the rest of Your People Pardon I most Humbly beseech Your Majesty my Presumption in Appealing to You on this Occasion Nothing but the Dignity and Weight of the Subject can Excuse my Boldness herein But if That be Consider'd it Deserves the Regard of the Greatest Prince 'T is no less than the Rights and Liberties of one of His Kingdoms on which their Religion their Property their All Depends and which they have Enjoyed for Five Hundred Years past This I think I have clearly shewn in the following Leaves I am sure if my Management thereof were suitable to the Iustice of our Cause our Friends of England can no longer Doubt it At Your Majesty's Feet therefore I throw it and with it the Unworthy Author thereof May it please Your Majesty Your Majesty's Most Dutiful Loyal and Obedient Subject and Servant William Molyneux PREFACE TO THE READER I Have nothing to Offer in this Preface more than to let the Reader know how Unconcern'd I am in any of those Particular Inducements which might seem at this Iuncture to have Occasion'd the following Discourse I have not any Concern in Wooll or the Wooll-Trade I am no wise Interested in the Forfeitures or Grants I am not at all Solicitous whether the Bishop or Society of Derry Recover the Land they Contest about So that I think I am as Free from any Personal Prejudice in this Cause as 't is possible to Expect any Man should be that has an Estate and Property in this Kingdom and who is a Member of Parliament there in I hope therefore 't is a Publick Principle that has mov'd me to this Undertaking I am sure I am not Conscious to my Self of any other Intention I have heard it has been said That perhaps I might run some Hazard in Attempting this Argument But I am not at all Apprehensive of any such Danger We are in a Miserable Condition indeed if we may not be Allow'd to Complain when we think we are Hurt and to give our Reasons with all Modesty and Submission But were it otherwise it would not in the least Affect or Discourage me in an Attempt where I think my Cause Good and my Country Concern'd and where I am fully perswaded the True Interest of England is as Deeply Engaged as the Protestant Interest of Ireland The Great and Just Council of England freely Allowâ—… all Addresses of this sort Tâ—… Receive and Hear Grievances is a great part of their Business and to Redress them is their Chief Glory But this is no to be done till they are laid before them and fairly Stated for their Consideration This I have endeavour'd 〈◊〉 the following Paper What Sâ—…cess it may have I am not veâ—… solicitous about I have Done what I thought was my Duty and Commit the Event to GOD Almighty and the Wise Council of England Dublin Febr. 8. 7 1698. W. MOLYNEUX The CASE OF IRELAND's Being Bound by Acts of Parliament IN ENGLAND STATED I HAVE ever been se fully perswaded of the strict Justice of the Parliament of England that I could never think that any of Their Proceedings which might seem to have the least Tendency to Hardship on their Neighbours could arise from any thing but want of Due Information and a right State of the Business under their Consideration The want of which in Matters wherein another People are chiefly Concern'd is no Defect in the Parliament of England but is highly Blameable in the Persons whose Affair is Transacting and who permit that Illustrious Body of Senators to be Mis-inform'd without giving them that Light that might Rectifie them I could never Imagine that those Great Assertors of their Own Liberties and Rights could ever think of making the least Breach in the Rights and Liberties of their Neighbours unless they thought that they had Right so to do and this they might well surmise if their Neighbours quietly see their Inclosures Invaded without Expostulating the Matter at least and shewing Reasons why they may think that Hardships are put upon them therein The Consideration hereof has Excited me to undertake this Disquisition which I do with all Imaginable Diffidence of my own Performance and with the most profound Respect and Deference to that August Senate The present Juncture of Affairs when the Business of Ireland is under the Consideration of both Houses of the English Parliament seems to require this from some Person and seeing all Others silent 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 Liberty seems the Inherent Right of all
Crown of England with a Design to make them Easie to England and to keep them in the Allegiance of the King of England How Consistent it may be with True Policy to do that which the People of Ireland may think is an Invasion of their Rights and Liberties I do most humbly submit to the Parliament of England to Consider They are Men of Great Wisdom Honour and Iustice and know how to prevent all future Inconveniencies We have heard Great Out-cries and deservedly on Breaking the Edict of Nantes and other Stipulations How far the Breaking our Constitution which has been of Five Hundred years standing exceeds that I leave the World to judge It may perhaps be urg'd That 't is convenient for the State of England that the Supream Council thereof should make their Jurisdiction as Large as they can But with Submission I conceive that if this Assumed Power be not Iust it cannot be convenient for the State What Cicero says in his Offices Nihil est Utile nisi idem sit Honestum is most certainly true Nor do I think that 't is any wise necessary to the Good of England to Assert this High Jurisdiction over Ireland For since the Statutes of this Kingdom are made with such Caution and in such Form as is prescribed by Poyning's Act 10 H. 7. and by the 3d and 4th of Phil. and Mar. and whilest Ireland is in English hands I do not see how 't is possible for the Parliament of Ireland to do any thing that can be in the least prejudicial to England But on the other hand If England assume a Iurisdiction over Ireland whereby they think their Rights and Liberties are taken away That their Parliaments are rendred meerly nugatory and that their Lives and Fortunes Depend on the Will of a Legislature wherein they are not Parties there may be ill Consequences of this Advancing the Power of the Parliament of England by breaking the Rights of another may in time have ill Effects The Rights of Parliament should be preserved Sacred and Inviolable wherever they are found This kind of Government once so Universal all over Europe is now almost Vanished from amongst the Nations thereof Our Kings Dominions are the only Supporters of this noble Gothick Constitution save only what little remains may be found thereof in Poland We should not therefore make so light of that sort of Legislature and as it were Abolish it in One Kingdom of the Three wherein it appears but rather Cherish and Encourage it wherever we meet it FINIS Introduction and Occasion of this Disquisition * Bishop of Derry in the House of Lords and Prohibiting Exportation of our Woollen Manufacture in the House of Commons Subject of this Enquiry Britain's first Expedition into Ireland * Giraldus Cambr. Hib. Expug Lib. I. C. 1 Hen. II. comes into Ireland Irish submit to him Ireland whether ever Conquer'd * Mr. Selden will not allow that ever H. 2. used this Stile Tit. Hon. Par. 2. G. 5. Sect. 26. Suppressing Rebellions whether a Conquest * Bishop of Salisbury's Pastoral Letter What Title is obtain'd by Conquest No Title gain'd by an Unjust Conquest What Title by a Just Conquest None over the Assisters in the Conquest None over the Non-Opposers Just Conquerour intitled to the Lives of the Opposers Just Conquerour how far impower'd over the Posterity of the Opposers How far over their Estates Practise of Conquerors otherwise Concessions granted by a Conquerour whether Obligatory What Concessions have been made from the Crown of England to the Kingdom of Ireland By Henry II. Irish Modus Tenendi Parliamentum a Tit. Hon. Par. 2. C. 5. Sect. 26. Edit Lond. An. 1672 b Against Cook 's 4th Instit C. 76. Parliaments very early in Ireland a Against the 4th Inst. c. 76. p. 249. a Togograph Hibern l 3. c. 18 Hib. Expug l. 11. c. 33 34. b Hoveden Annal parspost p. 302. Brampton Chr. Col. 1071. Knighton de Even Angl. l. c. c. 10 col 2394 2395. Pol. Virg. Hist. Angl. l. 13. Radul de Diceto Walsingbam c. Original Compact for Ireland King Iohn made King of Ireland By this Ireland made an Absolute separate Kingdom a Seldens Tit. Hon. Par. 1. C. 8 Sect. 5. Usher Archbibishop of Armagh of the Religion of the Antient Irish Cap. 11. b Act. Concil Constant. Ses. 28. MS. in Bib. Reg. not in the Printed Acts. Ireland in what sense Annex'd to England King Iohn comes a second time into Ireland The People submit to him Concessâ—… from Hen. III. a Pryn against the 4th Inst. c. 76. p. 250. Pa. 1 H. III. m. 13. intus Record out of Mr. Petyt of the Antiquity of Parliaments in Ireland Rot. 38 H. III in 4. Hibernta Farther Concessions from Hen. III b Against Cook 's 4th Instit p. 252. Claus. 12 H. III in 8 de Legibus Consuetudinibus Observandis in Hibern Recapitula tion a Fourth Instit b Against the 4th Instit. c Placita Parliamentaria English Laws Established in Ireland Law of Parliament Common Law Statute Law Statute-Law of England from the Norman Conquest to Hen. III. Law of Edward the Confessor a Selden 〈◊〉 speciâ—… ad eadmerum pag 17â—… Of Wil. Conq. b Leges W. 1. Cap. 63. apud Selden in notâ—…â—…d eadmerum p. 192. Of Hen. I. c Vid. Selden ut supra Of Hen II. Of K. John d Mat. Paris ad an 1215. pag. 253. c. Of Hen. III. a Cook 's Pref. to the 2d Inst. Engl. Statutes since the 9th Hen. III. introduced in Ireland Statutes of Merton Marlebr Westm. Gloucest Vid. Lib. Rubr. Scaccar Dubl a Annals of Ireland at the End of Camden's Britan. Edit 1637. page 196 197 c. b Ibid. p. 160. Pryn against the 4th Instit. Chap 76. All English Statutes before the 10th of Hen. VII in force in Ireland a Cook 's 4th Instit. Cap. 76. P. 351. b Vid. Irish Stat. English Statutes Declaratory of the Common Law in force in Ireland English Acts introductive of a New Law not of force in Ireland a Irish Stat. 13 C. 2. c. 2. 13 C. 2. c. 3. 14 15 C. 2. c. 1. 14 15 C. 2. c. 19. 17 18 C. 2. c. 3. 17. 18 C. 2. c. 11. English Stat. 12 C. 2. c. 12. 12 C. 2. c. 3. 12 C. 2. c. 14 12 C. 2. c. 24. 12 C. 2. c. 33. 16 17 C. 2. c. 5. * For we had two several Acts transmitted to us at different times to this very purpose One we rejected in the Lord Sydâ—…eys Government t'other we pass'd under the Lord Capell Objections Answer'd Objection from the Stat. of Rape Object English Statutes comprehending Ireland by general Words Act against Appeals to Rome Acts of First Fruits and Faculties a Title in the English Statutes is No Imposition shall be paid to the Bishop of Rome High-Commission-Court By the same Reason Scotland may be bound English Statutes naming Ireland Or dinatio pre Statu Hiberniae Staple-Act Merchants of Waterford's Case Members from Ireland in the Parliament of England Modern Acts of the Parliament of England naming Ireland Acts in favour of Adventurers in 1641. Acts in Cromwels time Cattle Act. Tobacco Act. Navigation Act. Note Exporting Wooll from Ireland is made penal by the Irish. Stat. 13 Hen. 8. c. 2. 28 Hen. 8. c. 17. But both these Statutes are obsolete The like may we observe of the 11 Eliz. c. 10. 13 El. c. 4. English Acts Binding Ireland since King William's Reign Act for the Protestant Irish Clergy Act against Commerce with France Act for Security of the Protestants of Ireland Act appointing New Oaths The Opinions of the Lawyers thereon Lord Chief Justice Cook 's Opinion Discuss'd a 20 H. 6. 8. Pilkington ' s Case 32 H. 6. 25. 20 Eliz. Dyer 360. Flowd Com. 360. Opinions of other Judges in Favour of Ireland Pilkiâ—…s Case a This Statute we may reckon amongst the number of those that are lost during the long Intervals of our Irish Acts noted before page 65. to be aboue 118 Years Merchants of Waterfords Case Prior of Lanthonys Case a Rot. Parl. An. 8. H. 6. in ult Argument from Acts of Succession and Recognition pass'd in Ireland Ireland's State Ecclesiastical Independent Argument from a Record in Reyley a 14 Ed. 2. Par. 2. Memb 21 Int. Objection drawn from a Writ of Error Declaration in the Irish Act of Faculties Farther Reasons offered in behalf of Ireland England's Title to Ireland by Purchase Object Ireland prejudicial to England's Trade therefore to be Bound Object Ireland a Colony Against the Rights of Mankind Consent only gives Law force Against the Common Law of England Against the Statute Law both of England and Ireland a See before pag. 65. b Pultons Col. Eng. Stats Edit 1670. pag. 63. c ibid. page 75. d ibid. page 113. e 10 H. 7. c. 22 a 28 H 8. c. 4. 28 H. 8. c. 20. 3 4 Ph. M. c. 4. 11 Eliz. Ses. 2. c. 1. 11 Eliz. Ses. 3. c. 8. Against several Concessions made to Ireland Inconsistent with the Royalties of a Kingdom Against the Kings Prerogative Against the Practice of former Ages Against the Resolution of Judges Destroys Property Greates Confusion Inconvenient to England to Assume this Power