OF all the Freedom that hath been taken since the Liber­ty of the Press, we have scarcely seen so bold an At­tempt as that of this Author, it be­ing no less than to strike off from the Kingdom of England with a dash of his Pen, the whole Nation of Ire­land, over which it hath exerciz'd a just Dominion for many hundreds of Years; and yet I believe it will ap­pear, that he hath not shewn the want of Consideration more in his [Page 2] choosing an Argument of so dange­rous a Consequence, than by his su­perficial, confus'd and mistaken way of managing it, the strength of any reasoning that he hath offer'd, being much more applicable to the Native Irish, with whom the Original Con­tract (if there were any such) must have been made, than to the Brittish Protestants inhabiting among them. But it is to be considered, that the Political State of Ireland hath suffer­ed very considerable Alterations since the first possession of it by the Eng­ [...]ish; for though that first Submissi­on of the Irish was so universal, as that the English possess'd themselves of most of the considerable Towns, and settled far and wide in the Island, yet in after times, through the de­fection of the Irish, and the mixing and uniting of many of the Old Eng­lish with them, that part which re­main'd intirely under the English Obedience, came to be confin'd to a Narrow Compass, perhaps not above four or five Counties, which was till very lately di [...]tinguisht by [Page 3] the Name of the English Pale, and the far greater part of the Country remain'd under many petty Domi­nions, possess'd by the Irish Lords and great Men, who paid but very little Obedience to the Government of Eng­land; but on the contrary, some or other of them were almost continu­ally giving disturbance to the Eng­lish Government that was settled there, by which means they were shut out from having to do with the English in the Transacting of the Publick Affairs of the Country; and the Reduction of them never came to any tolerable Perfection, till so lately as the Reign of Queen Eliza­beth; so that indeed those Ancient Parliaments, and other Managements of the Publick Affairs there, which Mr. Molyneux mentions, did scarcely operate further than among the Eng­lish Settlements, which, as I said before, extended but to a small part of the Island.

There was yet another great Oc­casion which made a very conside­rable alteration in the Administra­tion [Page 4] of the Government of that Country, and that was the Change of Religion; for after the Reforma­tion came to be throughly establisht, and the Roman Catholicks were found to be continually designing against it, all of that Religion were excluded from having to do in Pub­lick Managements; and this shut out not only the Native Irish, but even the Old English, who mostly continued under that Profession. But Mr. Molyneux takes no Notice of the Distinctions that ought to be made of these different Interests, but that he may carry on his Point, blends and confounds them all together; as if they were to be considered alike, as one intire People, establisht and con­tinuinuing upon the same bottom of Government. If then due Regard be had to these and other Distinctions, which must be observ'd upon his way of Arguing, I believe it will be found, that this doughty piece of Irish Learn­ing will appear but a very indiffe­rent performance.

I would not however detract from [Page 5] any thing that may deserve applause, and therefore must commend his smooth way of Expression, and own him to be a good Master of Words, but yet to have applyed them so ill, will still continue him under the Censure of being much wanting ei­ther in Integrity or Judgment, and makes this Book of his to deserve no better a Character than that of Vox & praeterea nihil. I have heard in­deed, that some have been taken with the seeming Modesty and Submissi­on with which he introduces his Discourse, as if it were but an inno­cent representation of the ancient Rights and Liberties of the People of Ireland, and a just Remonstrance of some Encroachments and Invasi­ons made upon them by the Govern­ment of England; but if it shall ap­pear, that the Kingdom of England hath a certain Jurisdiction over them, and that it hath never treated them otherwise than according to the Rules of Justice, and with such a due Po­licy as becomes every Supream Au­thority to Exercise over all the Mem­bers [Page 6] of its Empire, for the Conser­vation of Peace and Tranquility to the whole, and in that have not ex­ceeded the Bounds of a reasonable and just Dominion; that part of the Em­pire that shall endeavour to with­draw themselves from the Subjecti­on which they justly owe to the Su­pream Government, that hath al­ways protected and defended them, and shall challenge to themselves Im­munities and Privileges, which ne­ver were or could be granted them, without prejudice and injury to the greater Body of the Government, de­serve not to be considered as As­sertors of their own Rights, but rather as Invaders of the lawful Au­thority which God hath placed over them; and certainly it must rather be Matter of Contempt and Derifi­on, than of Commendation, to see a Man treat his Superiour with a strain of Fine, Smooth, Gentle Words, and Fawning Complements, upon a Sub­ject that is altogether imposing and odious to him. Thus much I thought requisite to premise, and so shall pro­ceed [Page 7] to the Examination of his Dis­course. In which I intend to take Notice only of such matters as I shall think most Observable.

In his Dedication to the King, he Humbly implores the Continuance of his Majesties Graces to them, by protecting and defending those Rights and Liberties which they have enjoy'd under the Crown of England for above 500 Years, and which some of late do endeavour to vio­late. His most Excellent Majesty is the Common Indulgent Father of all his Countries, and hath an equal regard to the Birth-rights of all his Children; and will not permit the Eldest, because the strongest, to encroach upon the Possessi­ons of the Younger.

Here is should be Noted, that by the Crown of England he must in­tend the Kings of England, as distinct from the Kingdom, (although I think this a very improper way of Ex­pression) which is evident from his Simile of the Eldest and Youngest Child, as well as by the whole De­sign of his Argument; and this per­haps might have serv'd the turn in [Page 8] making his Court to a Mac Ninny; or a Prince [...]ond of the Irish Nation, but it looks but like a course Complement to his Majesty, to entertain him with a meer begging the Question, when he knows right well, at what a va [...]t Expence of the Blood and Treasure of England, that Country was so late­ly (under his Glorious Conduct) reduc'd to its Obedience; and he is too Just and Generous a Prince to endure that any Parasite should per­swade him, that any acquisition gain'd at the Expence of great Taxes rais'd upon the whole Body of his Subjects of England, and even appropriated by the Parliament for the particular Uses in which they were to be em­ploy'd, can appertain to him in any propriety distinct and separate from the Imperial Crown of England. Nei­ther is it reasonable for him to ex­pect, that his Majesty should believe, that the Some he means, are about to violate their Rights and Liberties, without clearer Proof than any he hath brought. But it may be worth Inquiry, to know in what sense he [Page 9] brings Ireland in with us for an equal share of Birth-right, allowing us no higher Priviledge than that of being the Elder Child. If he means this with respect to the Old Irish, surely the many Disturbances they have given us, and the many Occasions we have had of reducing them by force of Arms, may fairly admit us to some higher Title over them; but if he means it of the English Inhabi­tants, they will certainly own them­selves to be descended from England, and it would ill become them to start up and call their Mother by the Fa­miliar Appellation of Sister. What he hints of encroaching upon their Possessions, cannot be taken to have any fair Meaning, unless he intends thereby to blame us for seizing the Estates of those that have been in Rebellion against us.

In his Preface he tells us, How unconcern'd he is in any particular In­ducement, which at this juncture might seem to have occasion'd his Discourse. He hath no concern in Wool or the Woollen Trade, he is not interested in [Page 10] the Forfeitures or Grants, nor solici­tous whether the Bishop or Society of Derry recover the Lands they contest about.

I believe seven Eighths of those Gentlemen of Ireland, that have been so busie in soliciting against the Woollen Manufactury Bill, might make as fair a Protestation as this, and yet it seems they thought themselves concern'd in the Con­sequence of that Matter; but his Reach in this, is to shew his Dislike of the Parliament of England's medling with the Business of the Forfeited Estates, as well as the rest.

He says, 'Tis a Publick Principle that hath mov'd him to this Vndertake­ing; he thinks his Cause good, and his Country concern'd; 'tis hard if they may not complain, when they think they are hurt, and give Reasons with all Mo­desty and Submission: The Great and Iust Council of England freely allow such Addresses; to receive and hear Grievances is a great part of their Bu­siness, and to redress them their chief [Page 11] Glory, but that's not to be done till they are laid before them, and fairly stated for their Consideration.

'Tis yet but a Private Principle, to become an Advocate for a part a­gainst the Whole; his Name shews him to be of English Extraction, and I know none of his Neighbours un­der▪ that Circumstance, who don't reckon it a Privilege, that they may still own Old England to be their Country, and be owned by her, though they are permitted to live in Ireland if they please; what if they are not hurt, and the nature of their Complaint be such, as that it cannot be thought to be within the Bounds of Modesty and Submission? how could he be so fond of his Project, as to imagine that the Parliament of England would freely allow such an Address, which impeaches their own just Authority? They will never think the publishing a Book to the World, which is little better than Sheba's Trumpet of Rebellion, to be a fair way of stating Grievances; but that 'tis a part of their Business [Page 12] and their Glory, when they think it worth their while, to call such Authors to account for their Bold­ness.

I begin now with his Book, which as near as possible I shall follow in order, and for the Authorities which he hath quoted, I shall leave them to him very little disturb'd, but take them as he gives them, whether they are right or wrong, only making such Observations as may result there­from, or from his own Reasonings.

He begins with a very fine Com­plement again to the Parliament of England, and then take upon him to give them Due Information in mat­ters wherein (as he says) another People are chiefly concern'd; Page 2. and tells them, that he could never imagine that such great Assertors of their own, could ever think of making the least breach upon the Rights and Liberties of their Neighbours, unless they thought that they had Right so to do; and that they might well surmise, if these Neighbours did not expostulate the matter, and this therefore, seeing all others are silent, he [Page 13] undertakes to do, (but with the greatest deferrence imaginable) because he would not be wanting to his Country, or indeed to all Mankind, for he argues the cause of the whole Race of Adam, p. 3. Liberty seeming the Inherent Right of all Man­kind.

Now it seems, from Children of the same Parent, we are become another People and Neighbours; the Irish may be said to be another People, though they have not been very good Neighbours to us sometimes; but the English we may justly chal­lenge to be our own, and not ano­ther People; and we shall hardly ad­mit them to be our Neighbours in such a sense, as that we should trans­act with them in Matters of Go­vernment, upon the same foot, and at equal distance with our Neigh­bours of France, Holland, &c. If they expect this from us, I hope they'll shew us the respect of sending their Ambassadours to us, and do this Champion of their Liberties the Ho­nour to let him be the first. Can he think the Parliament of England [Page 14] will believe themselves to be civilly treated by him, because of his fine Words, when he is Suggesting to the World as if they acted so unad­visedly in their Councils, as to pro­ceed upon Surmises, and to take upon them to do what they do but think they have a Right to, when indeed they have none at all. But doubt­less Manking will ever have a higher Veneration for those August Assem­bles, than to think them as subject to be mistaken in these Matters, as one presuming single Gentleman: But he argues for Liberty, the right of all Mankind: A Glorious Topick indeed, and worthy of the utmost Re­gard, especially from such great As­sertors of it as an English Parliament: But if People should ask for more then ever was their Due, and chal­lenge a Liberty of acting every thing they should think for their own pro­fit, thought it were to the Damage and Injury of others; to grant this would be an Injustice, and a sinful Liberty may as well be pleaded for; such Expostulations as these are abo­minable, [Page 15] and to assume such an equality with our Superiours as was never granted us, is an Arrogance that might rather have been expected from [...] Irish than an English Man. And after all this, 'tis not enough for a Man to say, If the great Council of England resolve the contrary, he shall then believe himself to be in an Error, and with the lowest Submission ask Par­don for his Assurance; and he hopes he shall not be hardly censured by them, when at the same time he declares his Inten­tion of a submissive Acquiescence in what­ever they resolve for or against: Such Subjects as these (as I have said be­fore) are beyond the Bounds of Mo­desty, and cannot admit of any such Apologies.

He comes now to tell us, the Sub­ject of his Disquisition shall be, p. 4. how far the Parliment of England may think it reasonable to intermed [...]le with the Affairs of Ireland, and bind up those People by Laws made in their House.

This is certainly a very odd sta­ting the Question: What need has he now to enquire, since he knows [Page 16] already, how for the Parliament of England have thought it reasonable to intermeddle? Another Blunder as bad as this, is his Talking of Laws made in their House: Dot [...] he not know, that our Laws are not made without the Concurrence of Two Houses, and the Assent of the King also, as the Third Estate? But we will take his Meaning to be, to en­quire how far it may be reasonable for the Parliament of England to in­termeddle, &c. and join Issue upon that.

Next he gives us fix Heads, from which he undertakes to argue, that they can have no such power.

For the First, He pretends to give us the History of the first Expedition of the English into Ireland, his De­sign being to shew, That the first Adventurers went over thither (yet with the King's License) upon a pri­vate Vndertaking, p. 6. in which they were successful; but that afterwards, when King Henry the 2d. p. 8. came over with an Army, the Irish generally submitted to him, and received him to be their [Page 17] King, without making any Opposition, from whence he seems to suggest that Ireland subjected it self only to the King, p. 12▪ but not to the Kingdom of Eng­land. But he should have consider­ed, that the Government of England was a limited Monarchy, which was sufficiently acknowledg'd, even by William the 1st. (commonly call'd the Conqueror) in his Swearing to preserve the Liberties and Privileges of the People at his Coronation, and confirming the same to them by his Charter; and though he did indeed afterwards violate them in a greater measure than ever they had been be­fore or since, yet neither he nor his Successors did ever take upon them­selves to be absolute Monarchs: The great Power and Prerogative of an English King then, can only be due to them as to the Supream Magi­strate and Head of the Kingdom, and not in any seperate propriety annext to their Persons, as distinct from the Common-Wealth. If then Henry the Second carried over an Army of Eng­lish into Ireland, it ought to be con­sidered [Page 18] as the Army of the King­dom; for it is held as a Principle with us, that no King of England may raise any Forces in this Kingdom, but what are allow'd to be the Forces of the Kingdom. I am not here arguing whether ever any King did or did not take upon him such an Autho­rity, but 'tis sufficient for me to of­fer, that he could not by right, and according to this Authors own way of arguing, what may not be done of Right ought not to be argued, or brought into President; if our Rights have at at any time been invaded and usurp'd upon, this Nation hath had many Opportunities of Vindica­ting them, and we do not believe that what we enjoy at this day have been gain'd or Extorted from the Ancient Authority or Just Preroga­tives of the Crown, but that they are due to us from the first Consti­tution and Time immemorial, and that such Violations which have been made upon our Constitution, by means of what was call'd the Con­quest or otherwise, have been justly [Page 19] retriev'd; so that in respect of Mat­ters which regard the Right and Authority of the Kingdom, we may judge according to what is visible, and without Controversie admitted at this day: The Right and Reason of Things ever were, and ever must continue to be the same; according to these Principles then, can it ever be admitted, that any acquisition ob­tain'd in Ireland by an English Army, under the Conduct of King Henry the Second, could be appropriated to the King, distinct from the King­dom? We do indeed freequently find in History, and we practice it no less in our Common Discourse, that the Name of the King is us'd by way of Eminency, to signifie things done un­der his Authority and Conduct as Head and Chief, when it is never intended to be applyed to his Per­son; for if I should say, the King of England took Namure in sight of the French Army, every Body would know that I meant the Confederate Army, under the Conduct of King William took it: In like manner we [Page 20] say, such a King made such Laws, when indeed the Parliament made them: And if it will but be allow'd, that the Irish submitted to King Henry not out of fear to his Person, but for fear of his Army, I can make no doubt but that the Submission was made to him as King, and Head of the Kingdom of England, and not as Duke of Normandy. If he should lay stress upon their Submitting to the King and his Heirs; that can import no more than what the Words us'd at this day, to the King, his Heirs and Successors, do better explain.

The Second Argument is to shew, p. 12. That Ireland may not properly be said to be conquered by Henry the Second, or in any succeeding Rebellion. I shall not dispute with him in how many differing Senses the Word Conquest may be taken, I will grant to him that Ireland was not Conquered by Henry 2d. in such a sense as to en­slave the People, or subject them to an absolute Power, and yet for all that, the Word Conquest (meaning a forcible gaining) is much more ap­plicale [Page 21] to Henry the Second's acqui­sition of Ireland, than to William the First's obtaining the Crown of Eng­land; he had a pretence, and came not to Conquer but to Vindicate his Right; he was encourag'd to come over, abetted and assisted by a great Number of the People, who hated Ha­rold's Government; he fought against Harold (who was not generally con­sented to by the People as a Law­ful King) and his Abettors, but not against the Body of the People of Eng­land; he pursu'd not his Victory like a Conqueror, but receiv'd the chief of the People that came to him with Respect and Friendship; they chose him for their King, he swore to con­serve their Laws and Liberties, and to govern them as their Lawful Prince, according to their own Form of Go­vernment. On the other hand, King Henry had no such Pretence of Right to the Kingdom of Ireland; his De­scent was a prrfect Invasion; he was not call'd in by the People of Ireland, and his Business was nothing else than to Conquer and Subdue the [Page 22] Kingdom: 'Tis true, the People made no Opposition, but 'twas because his Power was dreadful to them; what's the difference between yielding to an Invader without fighting, or after the Battel, more than that one shews want of Courage, the other of Suc­cess? but are not both alike to the Gainer, when he hath got his point? The Irish made no Terms for their own Form of Government, but wholly abolishing their own, they consented to receive the English Laws, and submitted entirely to the English Go­vernment, which hath always been esteem'd as one of the greatest Signs of a Conquest: But if he will be satisy'd in what sense the People of that time understood it, let him but look again into his Giraldus Cam­brensis, and see how he can translate the words, Hibernia Expugnata; and what's the Meaning of Qui firmissi­mis, p. 9. fiidelitatis & subjectionis vinculis, Domino Regi innodarunt? But what may put it out of all doubt, that the Body of the People of Ireland made an intire Submission to the Kingdom [Page 23] of England, in the Person of King Henry the Second, p. 10. is his own Quo­tations; Omnes Archiepiscopi, Episco­pi, & Abbates totius Hiberniae, recepe­runt eum in Regem & Dominum Hi­bernieae, jurantes ei & haeredibus suis fidelitatem, et regnandi super eos pote­statem in perpetuum, et inde dederunt ei Chartaes suas, Exemplo autem Cleri­corum, praedicti Reges & Principes Hi­berniae, receperunt simili modo, Henri­cum Regem Angliae in Dominum & Regem Hiberniae, et sui devenerunt, et ei et Haeredibus suis, fidelitatem contra omnes iuraverunt. And in another, Nec alicujus fere in Insula vel nominis vel ominis er at qui Regiae Majestati et debitum Domino Reverentiam, non ex­hiberet. And yet after he hath made these and more such like Quotati­ons, 'tis strange to see the same Man come and say, p. 17. From what forgoes, I presume it appears that Ireland cannot properly be said so to be Conquered by Henry the Second, as to give the Parlia­ment of England any jurisdiction over us. He makes out an entire Submission to the King of England, and yet al­lows [Page 24] no Jurisdiction to the Parlia­ment of England. Let him shew us if he can, by what Right a King of England may take to himself a se­parate Dominion over a Country, brought into Subjection by the help of an English Army, so as that it shall be no way subjected to the Par­liamentary Authority of England: But such arguing as this, must ei­ther render him very Ignorant of the Constitution of our Government, (which I believe he would not be thought) or wilfully guilty of main­taining an Opinion destructive to the Rights and Priviledges of the People of England.

I think him very much out, in asserting the Rebellions of Ireland to be of the same Nature with the Com­motions that have happen'd in Eng­land: However Historians may make use of the word Rebellion, to please the Party that's uppermost, yet there's an easie distinction to be made be­tween a Rebellion and a Civil War; when two Princes contend for the Supream Government, and the Peo­ple [Page 25] are Divided into opposite Parties, they fight not against the Establish­ed Government of the Kingdom, the Dispute being no more but who hath most right to be in the supream ad­ministration of it: Or if the People find themselves opprest, and their Liberties and Properties invaded by their Prince, and they take up Arms to restore the Government to its right Basis; in both these Cases it may most properly be term'd a Civil War; and of these kinds have been the Ruptures in England which he instances: But if People who live in a settled Common­wealth, where the Laws made or consented to by their Ancestors are in force, and Justice is duely admi­nistred, shall take up Arms to Op­pugn the Legal Authority plac'd over them, to overturn the Govern­ment, and assume to themselves Li­berties and Priviledges prejudicial to the Common Good, or to dethrone a Rightful Prince, who hath go­vern'd justly; this in its very Nature is a Rebellion. I am not ignorant, that all contending Parties pretend [Page 26] to be in the right, and that they take up Arms justly, and none will own themselves Rebels, unle [...]s they are forc'd to it; but yet 'tis evident that there is a real Right and Wrong in these things, and there have been many Instances in which the Impar­tial World could easily judge where the Right lay. If it be not so, I leave it to this Gentleman to furnish the World with some other good Rea­sons, why the Old Irish and Anci­ent English have been so severely handled in that Kingdom.

His Third Inquiry is, p. 18. What Title Conquest gives by the Law of Nature and Reason?

Mr. Molyneux hath shewn himself a good Advocate for the Irish in what forgoes, but if he had been a General in the Irish Army, I see not what more powerful Arguments he could have chosen, to stir them up to fight Valiant­ly against the English; than by telling them, p. 18. as in effect he doth here, That the first Invasion of the English upon them was altogether unjust; that Henry the second was an Agressor and Insulter, who [Page 27] invaded their Nation unjustly, and with his Sword at their Throats forc'd them into a Submission, which he cou'd never thereby have a Right to; p. 22. that Posteri­ty can lose no Benefit by the Opposition which was given by their Ancestors, p. 24. which could not extend to deprive them of their Estates, Freedoms, and Immu­nities, to which all Mankind have a Right; p. 20. that there is scarce one in a thousand of them, but what are the Progeny of the ancient English and Brittains: p. 19. If the Irish were Conquered, their Ancestors assisted in Conquering them, and therefore as they were descend­ed from these Old English, they could never be subjugated or brought under the Modern English. This is the Sub­stance of his own Discourse, p. 21. and ac­cording to his own Notions of the Freedoms and Immunities to which all Mankind has a Right, he might have told them in consequence, that 'twas their Duty to exert their own Rights and Liberties, expel the English out of the Nation as Invaders, and make themselves and their Posterity as free as any of the rest of the Sons of Adam. [Page 28] Any one may judge of this Gentle­man's Discretion, by his publishing such Notions as these among the Irish, with whom perhaps they may be taking, but the People for whom he designs his Discourse won't be so ea­sily caught with his Sophistry.

He grants us, p. 25. that the Practice of the World may not come up to the Recti­tude of his Doctrines, but he is inqui­ring what Right they have to what they do practice. Well we have the World of our side at least, if after a Possessi­on of above 500 Years, we don't now much trouble our selves to in­quire what Right Henry the 2d. had to Invade Ireland with an English Army. I wish I could find out the Posterity of those O's or Mac's, that were heretofore the rightful Posses­sors of the Lands which this Gentle­man now enjoys in Ireland, and which they never parted with for any Va­luable Consideration; only to see, whether he would so much outdo the rest of the World, as to practice his own Principles, and very fairly give up his Lands to them, as to the right Heirs at Law.

[Page 29]But to Dispute a little with him about this Matter: The End of all Government is for the Benefit of Man­kind, many Nations have been sub­dued and conquered for their own good, and whoever hath been an Invader that way, hath done them Right and not Wrong: So did the Romans, Conquer People from under the Power of Tyrants and Oppressors, Barbarism and Ignorance, to make them Members of the best and freest Government in the World, and to Civilize them into good Manners and Useful Arts; and thus is Henry the se­cond's Invasion of Ireland to be justify'd and commended: He began to rescue the People from the Oppressions and Violences of their own wild Prin­ces, and the Blood and Rapine to which they were frequently expos'd, upon every Quarrel and Invasion of so many Petty Monarchs, and from which in process of time they were totally delivered by the Authority of England: He gave the People the English Laws, constituted Parlia­ments, and the English Form of Go­vernment, [Page 30] to this, by his own Con­fession they freely submitted, and doubtless they were convinc'd that 'twas for their Good: But no History tells us, that he reserv'd not the Di­rection of the State to England, and constant practice all along shews the contrary.

His plausible Arguments for the Liberty and Right of all Mankind; that Conquests cann't bind Poste­rity, &c. are wholly misapply'd in this Case, and he abuses Mr. Lock, or whoever was the Author of that Excellent Treatise of Government, in referring to that Book on this occa­sion; for that Worthy Gentleman doth therein argue the Case of People whose just Rights are viola­ted, their Laws subverted, and the Liberty and Property inherent to them by the Fundamental Laws of Nature, (which he very accurately describes) is invaded and usurp'd up­on, and that when this is as Evident and apparent as the Sun that shines in a clear day, they may then take the best occasion they can find to [Page 31] right themselves. This is a Doctrine that all good Men may assent to, but this is in no wise the Case of Ireland; they did as he owns receive (and 'twas to their own Advantage) the English Laws, and swear Fealty to the King (that is, to the Govern­ment) of England, and did reciprocally receive from him the Priviledge of being admitted to be free Denizons of England, whereby they evidently gave up themselves to be incorpo­rated into, and become Members of the English Empire; and to this day they remain to enjoy the Liberties and Priviledges of Freemen of Eng­land, unless there happen to be such as have forfeited the same according to the Municipal Laws of the Go­vernment; but he endeavours to evade the possibility of their Forfeit­ing, by suggesting as if they were to be considered as a Different, p. 22. Con­testing Nation: p. 23. And therefore, 'Twould be unreasonable to put the Municipal Laws of particular Kingdoms in Exe­cution between Nation and Nation in the state of Nature. If a Nation that [Page 32] once was distinct, consent to imbody itself into the Government of another that is more powerful, receive it's Laws, and submit to its Constitution without reserve, may they ever af­ter be lookt upon as in the state of Nature, or shall they not rather be esteem'd as a Member of the great­er Body, and be held to obey all such Ordinances as are calculated for the Good and Welfare of the Whole? If after this, without any Breach made upon them on the part of the Great­er, they shall endeavour to withdraw themselves from the Subjection they have sworn to, and shall take up Arms, and commit Hostilities upon their Fellow-Subjects, may not this be called a Rebellion in a settled Com­mon-Wealth? and have not the Mu­nicipal Laws of the whole Empire brought them under the Forfeiture of Life and Estate? doth the being separated at a small or greater di­stance by Sea, (as Islands must be) seperate them from continuing Mem­bers of the Common-Wealth to which they were once join'd? If [Page 33] these things are to be brought in Question, the English of England and Ireland both, must have much to ans [...]er for to the Ancient Irish. Yet I am in no doubt but that the English have so fairly administred the Go­vernment, as that they can well ju­stifie themselves in all the Severities that they have been forc'd to exer­cise upon the Irish, as justly drawn upon themselves by reason of their R [...]bellion: Have we not always own'd them to be Freemen of Eng­land, and allow'd them the same Privileges as English Men? have they not been permitted to exercise all Offi­ces, Ecclesiastical, Military, or Civil, with the same Freedom as English Men? If since the Reformation, the Roman Catholicks have not been suffer­ed to act in the Government, have not the Roman Catholicks of England been as much restrain'd? Nay, have not the Irish been much more in­dulg'd in the Exercise of their Reli­gion by Connivance, than those of England? These Treatments towards them, have given no Occasion to this [Page 34] Author to trouble himself so much, in inquiring into the state of Slave­ry, and the Terms that Just or Un­just Conquerors may or may not use, for 'tis not in the Case.

The Premises considered, methinks, he should grant us that some of the Disturbances the Irish have given us, at least the Massacres committed up­on their Fellow Subjects, (of our own Blood) should not be reckon'd as fair warring between Nation and Nation; but that they might very well be accounted as Rebellious; and then why may not our subduing them, give us the Title of Rightful Conquerors over them? and if upon such delinquencies we had abridg'd their Posterity in some of those Pri­vileges granted to their Ancestors, upon their first coming in to us in Henry the Second's Time, we had done no more than what he owns Conquerors commonly do: And yet we have not put any such hardship upon the Posterity of those People, for the fault of their Rebellious Fa­thers; I know not that any Irishman, [Page 35] quatenus an Irishman, is at this day deny'd any of the Privileges that an Englishman can challenge; if he be a Deli [...]quent, or a Roman Catholick, he is us'd no worse than all English­men that are in the same Circum­stances: If we have slain, executed or banish'd the Persons of those that have been actually in Rebellion, and seiz'd their Estates as forfeited, this is no more than what he himself hath taken pains to prove may be done by the Laws of Nature, or the Municipal Laws of Kingdoms: Where's then any room for Com­plaint, or reason for his Elaborate Arguments, on a Subject that does not concern us?

The Author by saying so much that directly reflects upon what hath been acted by the English in Ireland, hath given me the Trouble to say thus much for the Vindication of them (and among the rest, I suppose his own Ancestors) in their Conduct towards the Irish, and to shew how well they have kept to the Origi­nal Capitulation on their part: But [Page 36] I cannot end this Head without take­ing Notice of his Remark, that Even a Iust Conqueror gains nothing over those that conquered with him, p. 19. and fought on his side: Why should he trouble the World with Arguments, to esta­blish a Position that no Body ever deny'd. But if the Progeny of the Old English, that serv'd under Henry the Second in the Conquest of Ire­land, have since joyn'd with the Na­tive Irish in any Rebellion against their Mother Country, their Crime is greater than that of the Irish; and yet would he have us still treat them as Conquerors of our side, when they are fighting against us? Cer­tainly this must forfeit all the Regard that was owing to them for the good Services of their Ancestors, and justly entitle them to the same Treatment that is due to other Rebels. Yet for all this, p. 20. If he or any Body else (as he proposes) claims the like freedoms with the natural born Subjects of Eng­land, as being descended from them: I know no body that will deny them to him, if (as I said before) he be [Page 37] of Capacity, and qualified as the Law now requires: He may come here, and even be a Member of our Legi­slature, (if he can procure himself to be chosen) as many others of that Kingdom always are: And let him for ever hereafter remember, that we receive them, and treat them all as equal Members of the same Body with our selves; and if it be at any time requisite for the good of the whole, that we should Enact any thing binding upon Ireland, we do it not in respect of their Persons, but in regard to that part of the Empire they live in; and if I my self (or any other Englishman) should think it for my Interest to become an In­habitant there, I must be as subject to it as he is.

His Fourth Proposition is, p. 27. If a Con­queror just or unjust, obtains an Abso­lute, Arbitrary Dominion over the Conquered, so as to take from them all that they have, and to make them and their Posterity Slaves; whether yet if he grants them Concessions, bounding the Exorbitancy of his Power, he be [Page 38] not obliged strictly to Observe those Grants?

I have shewn before, that he had no reason to aggravate the Question to such Extremities in our Case, be­cause we have never pretended to exercise so Arbitrary a Power over the People of Ireland.

He goes on then, p. 28. To shew by Pre­cedents, Records and History, What Concessions have been granted them; by what steps the Laws of England came to be introduced into Ireland; he would prove, that anciently the Parliament of England was not thought to have any Superiority over that of Ireland: And gives his Answers to what Obiections are moved upon this Head. But I be­lieve we shall find this as little to the purpose as the former.

He might have spar'd his pains in taking up so many Pages to convince us against all Objections, that Henry the Second did establish the English Laws and Form of Government in Ireland; p. 29. p. 30. that he gave them a Modus tenendi Parliamentum; p. 32. that an Ex­emplification of it made in Henry the [Page 39] Fourth's Time was extant; Nay, that They believe they have found the very Original Record of King Henry the Second, p. 35. and to give us so ample an Ac­count through whose Hands it hath pass'd; it may be really so, or may be not so, p. 36. for all its Venerable, Anci­ent Appearance, we can conclude with no more Certainty than he leaves it, only we may believe from the Credit of the Arguments produced by his Nephew, Samuel Dopping 's Father, the Reverend and Learned Doctor Dopping, late Bishop of Meath, that this old Modus was found in the Trea­sury of Waterford by my Lord Long­ford's Grandfather. My Reader may perhaps think me as impertinent in this Repetition, but I do it to shew that I have in this abbreviated about nine of his pages, which offers no more of Argument to the Matter, than that Henry the Second settled the Kingdom of Ireland under the very same Coustitution of Governm [...]nt with England; and this we should as rea­dily have granted as he could have propos'd; and 'tis sufficiently to our [Page 40] purpose that he hath abundantly prov'd; p. 37. That all Ranks and Orders of the Irish did unanimously agree to sub­mit themselves to the Government of the King of England; That they did thankfully receive the Laws of Eng­land, and swear to be governed there­by; and I know not what hath re­leas'd them from any part of that Obligation to this day, himself own­ing, that There cann't be shewn a more fair Original Compact, p. 38. than this between Henry the Second and the People of Ireland, and we have desired no more from them, than that they should con­tinue to be so governed.

He tells us, p. 38. It is manifest, that there were no Laws imposed on the People of Ireland, by any Authority of the Parliament of England, nor any introduced by Henry the Second, but by the Consent and Allowance of the People of Ireland, and that both the Civil and Ecclesiastical State were settled there, Regiae Sublimitatis Authoritate; not only this, but the manner of hold­ing Parliaments also, to make Laws of their own, (which is the Foundation and [Page 41] Bulwark of the Peoples Liberties and Properties) was directed and established there by Henry the Second, as if [...] were resolved, that no other Person or Persons should be the Founders of the Government of Ireland but himself, and the Consent of the People, who submitted themselves to him against all Persons whatsoever.

Was it fit for the King to have carried a Parliament about with him? or because he had not a Parliament there, must it follow therefore, that their Authority could never have any concern in what was done? The King was now abroad with the Forces of the Kingdom, and 'tis not to be sup­pos'd, that his own Authority was not sufficient to make Terms with the Enemy if they submitted; we do not pretend that the Power of our King is limited at that rate, yet whatever Submission is made to his Person on such Occasions, is doubt­less virtually made as to the Supream Authority of the Kingdom, and that I believe every Body will allow to be in our Constitution, the King, [Page 42] Lords and Commons, in all whom the Legislature resides, and not in either separate from the rest. The King may be said to be vested with the Power of the whole, in the Civil and Military Administration of the Government, and yet whatsoever is acted or acquired under his Autho­rity as King of England, must doubt­less be esteemed to be for the Ac­count of the Nation, and not in any Propriety peculiar to himself. To talk then, As if the Parliament had nothing to do in this Transaction, and that King Henry the Second acted in it as if he were resolv'd that no other Person or Persons, should be the Founders of the Government of Ireland but him­self, is Language not becoming an Englishman; and I wonder that this Author could have so little Sense of what he was about, when he said this, for in the very next Paragraph (but one) he gives us an Instance, which shews beyond all Contradicti­on, that King Henry himself had no such Opinion of his own Seperate Authority.

[Page 43]And now he comes to the Matter, and tells us, that King Henry about the 23d. p. 39. [...]ear of his Reign, and five Years after his Return from Ireland, creates his Younger Son John King of Ireland, p. 40. at a Parliament held at Ox­ford; and that by this Donation Ire­land was most eminently set apart again, as a seperate 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, after the Death of his Brother Richard the First, which was about 22 years after his being made King of Ireland; during which time, and whilst his Father and Brother were successively reigning in England, he made divers Grants and Charters to his Sub­jects of Ireland, wherein he stiles him­self Dominus Hiberniae, and in some Dominus Hiberniae & Comes Meri­toniae; by which Charters both the City of Dublin, and divers other Corporati­ons, enjoy many Privileges and Fran­chises to this day.

We know that di [...]ers of our Kings have at several Times granted out [Page 44] Parcels of their Dominions to their Sons or Subjects, and endowed them with many Royal Privileges, yet al­ways as Feudatories of the Empire, after the same manner, so much an­ciently practised in most Kingdoms of Europe; such have been in Eng­land, the Principality of Wales, the Counties Palatine of Chester, Lancaster and Durham, and what was much less considerable than these, the Isle of Man was given with the Title of King in Man, (which was more than King Iohn had) which continues in the Earls of Darby at this day. In like manner also have Proprietoryships been granted to the Settlers of Colonies in America in our time; and such and no other was this Grant of King Henry the Second to his Son Iohn; but what is very remarkable in this Case, is, that this Grant was made in Parliament. Did ever▪ Man so expose himself in Print? what he hath been endeavour­ing to prove, is, that the Irish were ne­ver so conquered by Henry the Second, as to give the Parliament of England any Jurisdiction over them, and yet [Page 45] here he tells us, that this same King Henry created his Son Iohn King of Ireland, in a Parliament at Oxford; which to word it in the Stile of this time, is to say, that about the twenty third Year of Henry the 2d. an Act of Parliament was made at Oxford, by which Iohn, the younger Son of the said King, was Created King of Ireland. Is it possible to think upon a greater Instance, in which the Authority of a Parliament over a People can be exerted, than this of creating a King to rule them, and that without ever asking their Consent? and is it not plain from this, that King Henry himself did never esteem the Submission of the Irish to have been made to him in respect of his Person, (according to this Author's New Doctrine) but in respect of the Kingdom which he govern'd? otherwise, why did he not make a King of Ireland by his own Authority, rather than thus eclipse his Power and Right, (if he had it) by submitting it to be done in Parliament? and I think if I [Page 46] should stop here, and give my self no further trouble, to trace him through the rest of his tedious, tho' shallow Arguments, all impartial Peo­ple would be satisfied in these Four Points, That the ancient Irish did intirely submit their Nation to be­come a Member of, and be united to the English Empire; That the Parliamentary Authority of England hath ever obtain'd over all the parts of its Dominions; That they have exercis'd this Authority over Ireland even from its first Union to this Kingdom; and, That the Irish un­derstood their Submission in this sense, and paid Obedience to this Act of an English Parliament without regret. But since I have undertaken it, I must go through with him.

This Creation however, as barely mention'd by him, is not Authority enough for Mr. Molyneux to con­clude positively, p. 40. that, By this Dona­tion Ireland was most eminently set apart again, (he seems then to grant that 'twas at first united) as a [...]pa­rate and distinct Kingdom by it self from [Page 47] the Kingdom of England. He pro­duces no Record for this, nor any authentick Authority; what he offers like Proof for this perfect separate Regality, is only the granting Char­ters whilst his Father and Brother were reigning, but that's no more than what hath been commonly pra­ctic'd by other Feudatorys, and proves nothing of Iohn's having an absolute independent Jurisdiction. But he at­tempts further, and tells us, The ve­ry express words of the Irish Statute, p. 41. 33 Hen. 8th. c. 1. by which the Style of Dominus was chang'd to that of Rex Hiberniae, are, And he (mean­ing K. Iohn) being created King in the Parliament at Oxford, under the Stile and Title of Lord of Ireland, en­joy'd all manner of Kingly Iurisdicti­on, Preheminence and Authority Royal, belonging unto the Imperial State and Majesty of a King.

Hitherto I have not disputed any of the Authorities quoted by Mr. Molyneux, but here he must Pardon me, if I tell him, that if this will pass for an Authority in Ireland, yet [Page 48] it will not with us: 'Tis only an Irish Act of Parliament, made as late as Henry the 8th's time, that pre­sumes that K. Iohn did enjoy all manner of Kingly Jurisdiction, &c. without referring to any Record that was extant for proving that Asserti­on: So that this Irish Act of Par­liament is at most but a Presump­tive Authority, and therefore he ought not to think that we can be so far impos'd upon, as without bet­ter Proof than so saying, to grant that King Henry the second, and King Richard the first, disclaim'd all Title to the Dominion and Regality of Ireland, as if the same had been ab­solutely, without any reservation, vested in King Iohn: Besides, even this Act of Parliament does not use the words Absolute and Independent.

But after all, though none of these Proofs will stand good on Mr. Molyneux's side, I'le shew him, that this whole Business undeniably proves on t'other side, [...]hat King Iohn could at best be made no more by this Donation than a Feudatory Kingly [Page 49] Lord, as I have said before. Mr. Molyneux hath told us, that King Iohn in his Charters could not use any higher stile than that of Lord of Ireland; can any Body believe, that a Prince wholly and seperately vested in a Dominion and Regality, p. 41. absolutely granted unto him without any Reserva­tion, (as he says King Iohn was) would content himself with any lower Title than that of King, unless he had been limited in it by a Superiour Authority? and was not that like to be this Act of Parliament? Can an Act of Parliament be said to make a King absolute and Indedendent, when at the same time it keeps a reservation of the Title? Is not this an Evident Demonstration, that they would not suffer him to be Indepen­dent, but that they laid that restraint upon him, to shew, that they would always retain in England the Supream Imperial Power over Ireland? How does Mr. Molyneux know what Ho­mage, Rent, or other Reservations were made? doubtless all the Records touching it are lost, and I presume, [Page 50] he has nothing stronger for this po­sitive Assertion of his than the Old Historians, Gir. Cambrensis, Rog. Ho­veden, Mat. Paris, &c. and they don't make out this Absolute Independent Title, without any manner of Reser­vation: Is it Sense, to think that a People should conquer, or intirely subdue a Countrey to themselves, plant a Colony there, and then but five years after give it clear away again, never to have any thing more to do with it? I would fain know what Regalia were granted to this absolute King: The Kings in Man may wear a Leaden Crown, I'm a­fraid King Iohn was still but a Lord in that respect too, and that he had no Crown at all given him, else sure Mr. Molyneux, if he could have found any, would have told us on't. But what's worse than all this, is it pos­sible for one and the same Man to be both an Independent King and a Subject, at one and the same time? It seems this Donation was not so absolute, but that he was still to con­tinue a Subject (as indeed Feudato­ries [Page 51] must to the Sovereignty to which they belong) to Old England, and after all his absolute Kingship, 'twas his Misfortune to be try'd by his Peers, (not as King of Ireland, but) as Earl of Morton, who found him guilty of High Treason, and accor­dingly he was condemn'd, but at the Intercession of the Queen their Mother, King Richard gave him his Life. I doubt this was enough to loose his Independent Title to the Kingdom of Ireland for that time▪ unless Mr. Molyneux can find him out another Creation, which I believe could not be without another Act of Parliament; but there happen'd to be no need on't, for as he succeed­ed to the Crown of England, Ireland came in again well enough in our Sense. Yet further to put this mat­ter out of all doubt, 'tis a Maxim not to be disputed, that the Autho­rity which grants, must always re­main Superiour to that which receives the Grant, and therefore the Feudal Law determines that Homage and Fealty is inseparably annext to all [Page 52] such Grants: And though Mr. Mo­lyneux professes himself very well Learn'd in The Laws of Nature, and Reason, p. 117. and Nations, and the Civil Laws of our Common-wealths, yet it seems he is altogether unacquainted with this Feudal Law; and if he had been but as well read in the Practice of the World as to these things, he might have been convinc'd, that the many Feudatory Princes still remaining in Europe, are not exempt­ed from this Dependance: The Prin­ces and Hans Towns of the Empire▪ if they are by length of Time grown up to a higher degree of Sovereign­ty, and do not so immediately depend upon the Emperour, who in his pri­vate Capacity was but Arch-Duke of Austria, &c. and but one of the Eight Electoral Princes, yet they are still subject to the Supream Legisla­ture of the Empire, and the Imperial Avacatoria reaches them: And thus we see, that how great soever that Jurisdiction was, which the King in Parliament granted to his Son Iohn, he yet remain'd no more than a Sub­ject [Page 53] of the Kingdom of England, and was treated accordingly, in his being Try'd and Condemn'd by the Laws thereof. Moreover it may be noted, that upon his accession to the Im­perial Crown of England, whatever Feudatory Royalty he had before, became now merg'd and extinguisht in his own Person, which by reason of it's being Head and Supream, could not at the same time be capable of any Feudatory Subjection; so that there was an absolute determination of the Former Grant, which could not ag [...]in be reviv'd but by a New Donation upon another Person. I hope I have now so far remov'd this main Pillar of Mr. Molyneux's Stru­cture, that I may take the Liberty as often as I shall have Occasion here­after, to deny positively, that King Iohn was ever made absolute King of Ireland, without any Dependance on England.

Here Mr. Molyneux had brought his Argument up to a pitch, and concluded us under a perfect real Seperation, and thus he puts it up­on [Page 54] us; p. 42. let us suppose, That King Richard had left Issue, whose Progeny had governed England, and King John 's Progeny had governed Ireland, where then had been the Subordination of Ire­land to the Parliament, or even to the King of England? Certainly no such thing could have been then pretended. But this is but a Supposition, and fit for none but People of his size; who take up Matters by Appearan­ces and Presumptions, and assume the Confidence from thence to be po­sitive in their Assertions, giving no allowance for the possibility of being mistaken: But we need not suppose in this matter, but may be confident, that the Supream Authority over Ireland must always have continued in the Kingdom of England, as it does at this day, and he hath made nothing appear to the contrary. De non apparentibus, & non existentibus, eadem est ratio.

Yet I cann't but remark how he enjoys himself in this Supposition, when he thought he had gain'd his Point; p. 42. Where then had been the Sub­ordination? [Page 55] if any such there be, it must arise from something that followed after the descent of England to King John; for by that descent England might as properly be subordinate to Ire­land as the Converse, because Ireland had been vested in King John twenty two Years before his accession to the Crown of England; Yes, and 'twas the ancienter Kingdom too.

Is it likely that King Iohn, who had not before thought so well of his Kingdom of Ireland as to make it his residence, but chose rather to remain where he was but a Subject, when he was now become a real King of England, should be so far taken with the Fancy of the ancientest Kingdom, (if it were so) as to put the greater, and by many degrees the more powerful, more pleasant, and more civiliz'd Kingdom, in sub­ordination to the less, which was then of no Power or Consideration in the World? and that he should be better pleas'd with the Stile of Lord of Ireland, and King of England, than that of King of England, and Lord [Page 56] of Ireland? or is it likely, that England who in that very Age had subdued Ireland, and added it to its Empire, should now be contented to submit it self, and become subordi­nate to Ireland, so as that the Admi­nistration of the Government there should direct the grand Affairs of England? is not this perfect Jesting and Fooling with Argument?

But he tells us, p. 43. If perhaps it will be said, that this Subordination of Ire­land to England, proceeds from Ire­land 's being annext to, and as it were united with the imperial Crown of Eng­land, by several Acts of Parliament in both Kingdoms, since King John 's time: This is well acknowledged, for it makes out clearly, that Ireland is a Kingdom as firmly united to the Kingdom of England, as the Legisla­ture of both Kingdoms could do it: If he would yet distinguish between the Imperial Crown (as his words are) and the Kingdom, I have shewn before how there cannot be any such distinction in England. But though in the former Passage of Iohn's being [Page 57] created an Independent King by Act of Parliament, he shews himself to be quite overseen and blinded, by his depending so much upon it through the rest of his Argument; yet he perceives plainly, that a fair Inquiry into this Annexing, will not turn to account for him, and therefore al­though he is not wanting to be very particular and exact in his Nume­rous Quotations of other Authorities, yet here he is cautious of imparting any further Light into this matter, than just to tell us, there are several such Acts of Parliament both in Eng­land and Ireland: Surely these Eng­lish Acts might be said to be binding upon Ireland, and therefore too they must be conceal'd, and we shan't have one Word of them anon, when he pretends to reckon up all those Sta­tutes that the English Parliaments have made to affect Ireland: And I cann't find that he meddles with it any more, p. 44. tho' he says, that He shall enquire more fully hereafter how this operates: But for the present he only tells us, That he conceives little more [Page 58] is effected by these Statutes, than that Ireland shall not be alien'd or seperated from the King of England, who cann't 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, and the Subjects of Ireland are oblig'd to obey, &c. Doth not this strongly assert the Parliamentary Authority? If he had said, that it should not be alienated or separated from the King­dom, he had spoken English, and set the matter right; but if he will insist upon so fine a Conceit, as to divide between the Political Capacity of the King, and the Kingdom, if it be not bad English, is however Language that cann't be understood in Eng­land.

Now he tells us of King Iohn's going again into Ireland, p. 44. about the Twelfth year of his Reign of England, where above Twenty little Irish Kings did again do Homage and Fealty to him, and he con­stituted the English Laws and Cust [...]s among them, placing Sheriffs and other Ministers, for the Administration of Iu­stice [Page 59] to the People, according to the Eng­lish Laws. This is a further Proof of the intire Resignation and Submissi­on of the Irish to the Government of England. He goes on, King Henry the Third, p. 45. his (King Iohn's) Son, in the first year of his Reign, granted to Ireland one or two Magna Char­ta's, p. 46. (but he owns that 'twas) by the Advice of his English Privy Coun­cil. Let it again be Observ'd, that this King did not transact this Mat­ter by any seperate Authority, but did it in his Privy Council, which is exactly according to our Constitu­tion, and that being the same Me­thod in which all the Administra­tion of the Government of the King­dom of England was directed, it shews that those Kings govern'd Ire­land in no other Manner than as a Member of the English Empire.

We agree with him, that all the Rights and Liberties of English-men were granted to the People of Ire­land, that they had the Privilege of holding Parliaments, and in short, that they had a Compleat Jurisdiction [Page 60] and Form of Government settled and allow'd to be exercis'd among them, as far as was requisite for the well-governing and regulating the parti­cular Management of the affairs of so considerable a People, that were now become a Member of the Eng­lish Empire, and were seperated by Sea from the Seat of the Supream Government: Yet all this must be understood to be no otherwise than in Subordination to the Supream Au­thority of England, which is Evident, not only from the Reason of the thing, but also from the Practice that hath always been Observ'd. Can it consist with Reason to believe, that any powerful Government should sub­due another Nation much inferiour to them in strength, place a Colony of their own people among them, make them Denizons and endow them in all the Privileges of their own Subjects, and yet because they gave them their Laws, and consti­tuted the very same Manner of Go­vernment among them as was ex­ercis'd by themselves, that therefore [Page 61] they could not be in any Subordi­nation to the Kingdom that thus far subdu'd and settled them, but must ever after be esteem'd as a People fixt upon a distinct Foundation, and as much seperated from them as they were in the state of Nature? Sure this is too absurd to be insisted on▪ But the constant practice which hath been us'd in the Administration of that Government, from the first times of their becoming a Member of our Empire, shews that the Kings of Eng­land did never treat them as a Proprie­ty of their own, and distinct from the Jurisdiction of this Kingdom; were not these Magna Charta's (as his own Authorities prove) given with the Advice of the Privy Council of Eng­land? and have they not always had Governours sent them from hence, whether under the Title of Lords Lieutenants, Deputies, Justices, Pre­sidents or otherwise, and that not by the King alone, but nominated in the Privy-Co [...]ncil? and have not these Governours been accountable to our Parliaments for any Male-ad­ministration [Page 62] there. All the prime Motions and Supream Managements of their Government, are likewise consulted and directed by the King in his Privy-Council here, such as the Calling, Proroguing, or Dissolv­ing of their Parliaments, and the Ap­proving all their Acts, the Sending over and Establishing what English Forces shall be kept there, the Ap­pointing all Officers Military and Ci­vil, &c. Is this like a Separate King­dom, an Independent Government, or a Neighbour Nation as free as in the State of Nature? Can any Man be so ignorant as to maintain, that the Privy-Council of England may have Authority, where the Supream Legi­slature, the Parliament, hath none? Doth this leave room to say, that Eng­land and Ireland, p. 55. though govern'd under one and the same Supream Head, yet are as seperate and distinct in their jurisdicti­ons, as are the Kingdom of England and Scotland at this day? The Privy-Council of England never intermeddle in the Business of Scotland, the King transacts the affairs of that Kingdom [Page 63] through the Hands of the Scotch Se­cretaries, who always attend him in England; the Royal Family of the Stuarts were their Lawful Kings, and when our King Iames the First suc­ceeded as Right Heir to the King­dom of England, although he remov'd his Residence hither, because this was the much more Considerable King­dom, yet no alteration could there­by be made upon their Jurisdiction, but the Constitution of their Govern­ment remain'd as entire within them­selves as before; but this Author him­self hath sufficiently made out, that the Accession of Ireland to England was in such a manner, as totally abo­lish'd their former Constitution, (if they had any) and subjected them to become a Member of the English Monarchy.

I think I have said enough of these Matters already, to set them in a truer Light than this Gentleman hath re­presented them, and shall not give my self the Trouble to Remark di­vers other Passages which result from the same Erroneous Way of Argu­ing, [Page 64] nor to meddle with his long History of what English Laws, and in what manner they were introduc'd into Ireland, more than to argue some few Points with him.

He says, p. 56. If we now enquire what were those Laws of England that be­came thus establisht in Ireland? Surely we must first reckon the great Law of Parliaments, &c. Is it not the highest Sanction of the Parliamentary Au­thority, that all the Subjects of the Empire must obey its Supream De­crees? In receiving then this great Law of Parliaments, were not the People of Ireland for ever obliged as well as to all its former Statutes, so also to whatever it should for the fu­ture enact, concerning the whole Em­pire in which they now became com­prehended? But Mr. Molyneux means that Law whereby all Laws receive their Sanction, The free Debates and Consent of the People, by themselves, or by their chosen Representatives. His drift in this is to perswade us, that because it was granted to Ireland to hold a Parliament within themselves, by [Page 65] their own Representatives, that there­fore they ought not to be in any Subje­ction to the Parliament of England, wherein they have no Representatives; and 'tis upon this Point that he mighti­ly values himself in much of his after Discourse, yet he cann't tye this Knot so fast, but that it may well enough be undone: This Parliament of theirs could not be granted them further than for the managing their own Affairs among themselves; but the Supream Legisla­ture of the whole Body must be perma­nent and fixt in its Head, according to the first Constitution, and cannot be di­vided or granted away to any Member or Members of the Body: Can any thing grant away it self? A Father may grant his Son a great deal of Liberty, but he can never make any grant to divest him­self of his paternal Relation. But Mr. Molyneux can have no Notion of Liber­ty, if a Man may be bound by Laws whereto he hath not given his Con­sent, by either himself or his Chosen Representative: A little Distinction now will make us agree this Matter; 'Tis yet no Oppression upon him, if [Page 66] he neglects to constitute a Repre­sentative, when the Privilege of do­ing it is not taken away from him: If a Man go abroad, and stay many years out of his own Countrey, shall he not be bound by the Laws made by the Community in his absence, be­cause he gave no Assent, neither in his Person nor by his Representative? In like manner if a Colony be settled abroad, shall not the Legislature of their Mother Countrey bind them, if they think fit to Enact concerning them, because they had no Represen­tatives in it? Yes, very reasonably, for that they are still Fellow-Sub­jects of the Community, and if they are permitted to live abroad for their Convenience, the main Body of this their Mother Country must not be hindred from acting what they shall find necessary for the Common Good, because of their absence, even al­though it should respect themselves; and this without depriving them of any their Just Rights, because their Liberty and Privilege still remain'd to them of choosing their Represen­tatives [Page 67] to the Supream Legislature, and they might have exercis'd it if they had stay'd at home, and may again, whenever they'll please to come in place. They have indeed an Authority delegated to them from the Head, to Enact such Laws in their Settlement, as may be requisite for the Circumstance of that place, but no such Privilege can ever be extended to rescind and abrogate their Allegiance and Subjection to the Head of the Empire: But I shall come to Enlarge further upon this by and by. And now to go on with Mr. Molyneux:

He speaks of two Acts made by the Parliament of Ireland, p. 64. viz. 10th Hen. 4. and 29th. Hen. 6. wherein it was Enacted, That the Statutes made in England should not be of force in that Kingdom, unless they were allow'd and published there by Parliament. It is not impossible, but that in those days there might be some People there who were of this Gentleman's stamp, for assuming as much power as they could, right or wrong, if they [Page 68] could but colour it under the speci­ous pretence of their Ancient Rights and Privileges; and they might think the Reigns of those two Princes a Favourable Conjuncture for such an Attempt. The first of them got the Crown of England by his Sword, and manag'd things as smoothly and ea­sily as possible, and perhaps never thought himself so secure as to exert the utmost Authority of his Government, on every Occasion that might offer. Henry the Sixth was a weak Prince, govern'd and manag'd at different times by the two Factions of York and Lancaster, from whence arise Ci­vil Wars, and his own Deposing: A better time could never happen, than during the Troublesome Reign of this King to attempt such Inno­vations. But what if the Parliament of Ireland did enact a Law, derroga­ting from the Authority of the Par­liament of England, could this abate any thing of that Right which Eng­land had before? But 'tis plain, that if they did any such thing, they did but think that English Acts of Par­liament [Page 69] could not in any case bind Ireland; for 'tis certain, both from the Reason of the thing, and former Practice, that in some Cases they might and did, and even in the Second Year of this King Henry the Sixth, (as he quotes it) the Staple Act, ex­presly naming Ireland, was made; surely the Parliament of England must consist of much more Conside­rable Men than the Parliament of Ireland in those days could, and they were most likely to know best what they had to do: And it seems as if the People of Ireland themselves had no Opinion of the Validity of these invalidating Acts, in Mr. Molyneux's Sense, because they did not plead them in Bar of the Staple Act, in the Case of the Merchants of Water­ford, which he gives us hereafter. There is yet much more reason to believe, that these Statutes were made on the very Occasion which he hints, to remove Scruples, or satisfie the Judges in relation to some Laws for the administration of Justice that were extant in England, and they [Page 70] might have some doubt, whether they ought not also to obtain there, since the generality of the English Statutes were reciev'd in Ireland, and therefore the Parliament of Ireland for the clearing any such difficulty for the future, might possibly declare that such Statutes were not of force there, 'till they had been establisht by them. And I may easily grant him, that the End and Intent of the Institution of a Parliament in Ireland was, that as they were separated from England by the Sea, they should have Authority to make and adapt Laws among them­selves, suitable to their own Circum­stances, and fit for the well-ordering of the Affairs of that Kingdom; and therefore the Parliament of England did not think fit to impose upon them such Laws as were from time to time en­acted, suitable to the Occasio [...]s of the Realm of England, but left the People of Ireland at Liberty to choose or refuse such as they thought fit; and from this Reason it must be, that so many of the English Statutes as he instances, have been introduc'd into Ireland, by [Page 71] passing them into Laws in their own Parliament. The generous English Constitution doth not impose any Laws of this Nature, or for raising Taxes upon any of the Subjects of their Dominions, without their own Consent by their Representatives; this is The Great Charter of Eng­lish-men. And because 'twas thought that the People of Ireland could not conveniently send Representatives to the Parliament in Englaand, they were therefore authorized to hold Parlia­ments among themselves for the tran [...] ­acting such Affairs; we allow it to all our Colonies in America; and even Wales, after their submitting to the Government of England, was not Taxt, 'till they were admitted to send their Representatives to Parliament. This I speak of such Laws which regard the administration of Com­mutative Justice, regulating their own particular Affairs, or raising Taxes. But there is yet a higher kind of Law inherent in the Constitution, whe­ther it may be call'd the Law of Parliaments, or the Common Law, I [Page 72] leave it to Men of more Judgment in these Matters than my self to define it, but I mean that which compre­hends the Subjects of the whole Em­pire, and must be of Authority to ordain certain Regulations which shall be binding upon the Whole in ex­traordinary Cases, where the well-being of the Universality is concern'd: England must be allow'd to be the Head of this Empire, from whence all its Members do derive their Being, and must depend for their Support and Protection, the Riches which she attracts from the Benefit of her Forreign Trade, is the only means she hath to support her Power, and maintain such Fleets and Armies as are requisite for the Defence of all her Territories, she must therefore pro­secute all justifyable Methods for the preserving her Commerce, and hath the utmost reason to restrain her Mem­bers from any prejudicial interfering with her in her Trade, because this hath a direct Tendency to weaken her Power, and render her incapa­ble of supporting the great Charge [Page 73] of her Government: For this end then, or the like Extraordinary Oc­casions, those Laws have been made by which the distant Dominions are bound, and such have been the Acts of Navigation, the Acts for hinder­ing the Transportation of Wools from Ireland to Forreign Parts, &c. And though these Statutes are enacted when the Occasion requires, yet they are not so much to be lookt upon as New Laws, (to use his own Expression) as it were declara­tory of the Supream Authority, vir­tually inherent in, and inseparably united to the Imperial Constitution; and which hath been always exer­cis'd by this Kingdom, and all other Governments that have had Colo­nies or Territories lying at a distance from them. 'Tis only the Exercise of this Supream Salutary Authority that the Parliament of England pre­tend to, and not to break in upon the Just Constitution so anciently granted, and ever since continued to the People of Ireland, of Enacting all such Laws by their Representatives [Page 74] in their own Parliaments, as they think fit to be governed by, or may be conducive to the well ordering the Affairs of their own Countrey; and therefore this Gentleman hath no Reason to Tax us so often as he does, with any Attempts upon their Rights and Properties, breaking in upon their old Settled Constitution, and rendring them the most unfor­tunate of all his Majesties Subjects, by weakning their Rights to a great­er degree than ever was done before. If Poyning's Law be some Check to them, 'twas made in favour of the English Interest in Ireland, and Mr. Molyneux finds no fault with it, but that still leaves them at Liberty to consent or dissent to such Laws as the King in his English Privy-Coun­cil may propose to them. The Rights that were granted them, were large enough to secure them in the full Enjoyment of their Liberty and Pro­perty, in the same Manner as if they had liv'd in England; these we have preserv'd to them inviolated, in as large a manner as ever they were [Page 75] granted; let him shew any Law from England, that hath ever innovated upon their Judicatories, their Persons, or their Estates; his Exclamations can no way be applicable to us, unless it shall appear that we have wronged them in such Rights as those: But this Supream Imperial Authority was never granted to them, nor can reside any where as long as the Monarchy lasts, but in the King, House of Lords, and House of Commons in England; the absolute Separation he pretends to in the Persom of King Iohn, proves a Mistake, so that his many peremp­tory Conclusions drawn from thence must fall, as having no Foundation. The Progeny of Englishmen wherever they live, (and are acknowledg'd to be such) cannot be exempted from ow­ing Allegiance to this Supream Ju­risdiction; 'tis known, that it hath Power to Command its Subjects out of the Territories of any other Prince, upon the highest Penalties, yea and to desert its Colonies, and call home the People, if Extremity shall so re­quire: He that shall deny it these [Page 76] Powers, denies the very Essence of a Supream Government; and how hard soever this Doctrine may seem to People that have liv'd out of Eng­land, and have never considered these Notions, yet the Reason of the thing must obtain upon every impartial Man, and convince him, that other Principles than these, would have a Tendency to scatter and break to pieces all Humance Societies, and bring People back again into the State of Nature. Men cannot therefore shake off the Duty and Obedience they owe to the Community, and say, that an unbounded Liberty is the Right of all Mankind, because this Liberty was given from them when they were in the Loyns of their Ancestors, who consented to the Terms of the Constitution, when they first entred into Societies, and which must con­tinue as long as that Society shall have a Being. 'Tis plain then, that all just Liberty must be bounded by the Laws and Agreements of the Community, and no Man ought to challenge to himself more Liberty [Page 77] than that allows him. To apply this then to our Argument: The People of England may not go out of the Kingdom, and settle themselves in any other Country, in manner of a Colony, without leave first obtain'd of the King, (as Head of the King­dom) neither may they enter into a New Society, and erect a New Form of Government different from that of their own Country, in any such Settlement, but they must have Directions and Authority from the King, by his Charters, Letters Pa­tents or Commission, whereby he grants them the Exercise of the Laws of England, and the Power of call­ing together their own Representa­tives, to Enact such further Laws (not repugnant to the Laws of Eng­land) as shall be requisite for the good Government of their Affairs, in relation to which they are left to their own Liberty and Free-choice, and not interrupted by the Govern­ment of England: If after all this, the King in Parliament shall find these People or their Posterity, attempt­ing [Page 78] any thing in this Settlement, which if it be not stopt, must prove very prejudicial and destructive to England: Will any Man pretend to argue, that the Kingdom which per­mitted, assisted, and protected these People in their Settlement, hath no Authority left in her self, to restrain them in matters that tend to her own Hurt and Damage? And yet such Restraint is not to be accounted an Invading the Rights and Liberties of Englishmen; 'tis only a limitting them from acting or doing something in the Place where they are, that how­ever profitable it might be to them­selves, would yet be very damnify­ing to the greater Body of the Com­munity, of which they are a Mem­ber; neither is this Restraint any more than in regard to the place, their Persons are still free, and they may if they please, return to their own Mother Country, and practice the same thing there, with as much Freedom as any other of their Fellow Subjects. If the Reader should think I have been too tedious upon this Point, I hope [Page 79] he'll consider, that if many Words be necessary at any time, 'tis then when we are to perswade People out of that wherein they believe their own Interest and Profit greatly consists.

I think the Report of the Case of the Merchants of Waterford is an Authority which very much confirms what I have said; p. 90. but because he lays much stress upon it, not only here, but in another place, when he treats upon the Lord Chief Justice Cook 's Opinion, I will transcribe the Latin Record at large as he gives it: Dicebant quod terr. p. 91. Hibern. inter se habent Parliament. et omnimo [...]o cur. Prout in Angl. et per idem Parlia­mentum faciunt Leges & mutant Leges & non obligantur per statuta in Anglia, quia non hic habent Milites Parliamenti, sed hoc intelligitur de terris & rebus in terris illis tantum efficiendo; (I be­lieve it should be efficiendis) sed per­sonae eorum sunt Subject. Regis, et tan­quam Subjecti erunt obligati ad aliquam rem extra terram illam faciend. con­tra Statut. sicut habitantes in Calesia, Gascoignie, Guien, &c. dum fuere [Page 80] Subjecti; et Obedientes erunt sub Admi­ral. Angl. de re fact. super Altum Mare; & similit. brev. de Errore de Iudicio reddit. in Hibern. in Banco Reg. hic in Angl.

I shall now take the Liberty to vary somewhat from the Verbal Translation, and render it in that sense that I think this Opinion of the Judges of the Court of Exche­quer may be taken: They say that the Land of Ireland hath a Parliament within it self, and Courts (of Judica­ture) every way like to those in Eng­land; and that they make and Change Laws by (the Authority of) this (their) Parliament, and (therefore) the Sta­tutes (which are made to bind) in England, do not bind them, because they have no Representatives here, (in the Parliament of England.) But 'tis al­ways to be understood, that this (the Laws made in the Parliament of Ire­land) must only have relation to that Country, and to such Matters as are transacted (among themselves) there­in: But they (the People of Ireland) are in their Persons Subjects of the [Page 81] King, (and Kingdom of England) and as Subjects, they shall be oblig'd not to do any thing out of that Country, against Statutes, (made in England to prohi­bit them) like as the Inhabitants of Calais, Gascony, Guien, &c. while they were Subjects; and they shall be obedi­ent to the Admiral of England in all things done upon the High Sea: In like manner also a Writ of Error upon Iudg­ment given in Ireland, lyes from the Court of King's Bench in England. I Confess this Opinion is oddly word­ed, but I shall make no further Com­ment upon it here, having Occasion to speak at large to it in another place, where it will appear, whether the Sense which I have put upon it, may not be more agreeable both to the passage it self, and to the Opi­nion which we shall afterwards find the Lord Chief Justice Cook gave of it, than to that turn which Mr. Mo­lyneux hath given it. But he Notes upon it, that upon a second Consi­deration of this Case before the Judg­es in the Exchequer-Chamber, the 1st. Hen. 7. Hussey the Chief Justice gave [Page 82] his Opinion, p. 92. That the Statutes made in England shall bind those of Ireland; which was not much gain-said by the other Iudges; notwithstanding that some of them were of another Opinion the last Term. And he is offended at this Opinion, and suggests as if 'twas the Presence of the Chief Iustice that in­fluenc'd those other Iudges, which had not been of the same mind: He Notes also, That Brook in his Abridging this Case, makes a Note upon it, intimating thereby, that Hussey 's Opinion was not reasonable. Yet this is no more than Mr. Molyneux's Construction of this Intimation; but if he had any such Scruple, is it strange thing for Lawyers not to jump in their Opi­nions in some Cases? yet it seems those that were present with Hussey, and heard the Arguments, were so far convinc'd as to become of his Mind, without saying much against it: But I cann't believe that Judges were so ea [...]ily to be influenc'd, contrary to their Judgments, by a Lord Chief Justice then, more than now, when we have seen Two of [Page 83] them persist in an Opinion, against the other Ten. He Comments also upon the first Opinion in this Case, and says, that those Judges were not so concluding upon them as Hussey, And they did almost seem to extend the Iurisdiction of the English Parliament over the Subjects of Ireland, p. 93. only in relation to their Actions beyond Seas: Even this is handle enough for us to lay hold on, for the doing whatever we shall think requisite for the pre­serving of our Commerce. But he says, This will appear unreasonable, be­cause by the same Argument Scotland may be bound by English Laws, in relation to their Forreign Trade, as they are the King's Subjects. The Scots are Sub­jects of the King, only as he is King of Scotland, and we have no pretence to meddle in their Government; but Ireland is upon another Foot, 'tis not an Independent Kingdom; though it hath a Parliament, it is not compleat in its own Jurisdiction, but is sub­ordinate to England, and they can transact nothing of weight in their Administration, without Orders and [Page 84] Directions from the Government of England, all this I think is clearly made out already. But he makes all the advantage possible of the words, Personae eorum sunt subjecti Regis, &c. and tells us, If being the King of Eng­land 's Subjects be a Reason why we ought to submit to Laws, (in relation to our Trade abroad) which have not receiv'd our Assent, p. 94. the People of England will consider, whether they also are not the Kings Subjects, and may therefore (by this way of Reasoning) be bound by Laws which the King may assign them, without their Assent, in relation to their Actions abroad, or Forreign Trade; Or whether they had not been subjected to the King of France, if our Kings had continued in the possession of that Coun­try, and then if France had been the strongest, it might seem that the Sub­jects of England might have been bound by Laws made at Paris, &c. What a parcel of Argument is here? I re­peat so much on't only to expose it. 'Tis evident, that the Judges in their Opinion, by the Words Subjecti Regis, mean the same thing, as if they had [Page 85] said Subjects of the Kingdom of Eng­land; for they say afterwards, that while they are Subjects, they shall be under the Admiral of England, &c. If they had said the King's Admiral, could we have thought of any other than the Admiral of the Kingdom? Having Noted this Distinction, I will say no more to the rest.

He tells us, p. 96. that In the Reigns of Edward the First, and Edward the Third, Knights, Citizens and Burgesses, were chosen in Ireland, to serve in Par­liament in England, and that they have so served. What? and could Ireland be then a distinct and separate King­dom? Surely our Ancestors▪ would scarcely then have admitted them to sit together with themselves in their Grand Senate. I hope after this, what I have before alledg'd of Ireland's have­ing been always in the Condition of a Member of the English Empire, ever since its first accession, will never more be doubted: They have been, when the Circumstance of Time hath made it convenient, admitted to send Representatives to the English Parlia­ment, [Page 86] and may again, if our Parlia­ment think fit.

He admits of the Acts made in the 17th. p. 100. of King Charles the First, for en­couraging Adventurers to raise Money for the suppression of the Rebellion there, to be binding in Ireland, but then they were made for their Good; and after­wards when the Acts of Settlements were made by the Irish Parliaments, these English Acts were made of no force, which shews that they have a power of repeal­ing such Acts made in England. From hence 'tis apparent, that our Parlia­ment have not been ready to exer­cise this Authority, but when the Welfare of the Whole Body requir'd it, and that they were then contented to take no Notice of such Alterations made by them, which might be needful and of use to them, and he hath rea­son to acknowledge their Tenderness to them in this respect: But I be­lieve these English Acts were not repeal'd, and therefore this Instance will not maintain the Assertion which he raises from it; That the Parlia­ment of Ireland may repeal an Act [Page 87] pass'd in England, in relation to the Affairs of Ireland.

The Acts of King Charles 2d. p. 103. Reign, Against planting Tobac [...]o in Ireland, for encouraging Shipping and Navigation, and for prohibiting the Exportation of Wool from Ireland to any Country ex­cept England, p. 104. He acknowledges, Do name and bind them too, p. 104. so as they do not transgress them, and he hath nothing to urge to take off their Efficacy; but how rightfully this can be done, is the Question. I answer, by that Right which, as I have shewn before, must be inherent in the Supream Legisla­ture of the English Empire, for con­serving the Well-being of its Body. The Acts of his present Majesties Reign, he acknowledges To be such as the Necessity of the Time requir'd, p. 106. and to be made in their Favour; but that these should be argued as a Pre­cedent of their Submission, p. 110. and absolute Acquiescence in the Iurisdiction of the Parliaments of England over that King­dom, is what they complain of as an In­vasion of their Legislative Right. We have Reason and Precedents enough [Page 88] to vindicate the Just Authority of the English Parliaments in these mat­ters, and they are not under any ne [...]cessity of dating this Power as com­mencing from the first of these Acts, not over thirty seven years past; so that he need not be concern'd to think, that they can make any ill use of these Precedents: But what­ever this Gentleman's Principles may be, his following Expressions seem very arrogant, from a Person who at fi [...]st pretended to so much Sub­mission; but I hope the Body of the Protestants of Ireland understand their Duty, and their own Interest better, than to Offer at throwing off the Au­thority that the Kingdom of England hath for so many Ages had over them; and I doubt not but they will be­lieve, The hazard of doing it would be much greater, than any inconvenience they have ever found in England's way of Protecting them.

We are now come to his Fifth Article, p. 115. viz. The Opinion of the Learn­ed in the Laws, relating to this Mat­ter: And he begins with the Lord [Page 89] Chief Justice Cook, for whose Name he bespeaks a great deal of Respect, although he treats him but some­what roughly; but this seems to be the Gentleman's particular Talent.

He says, the Lord Chief Justice Cook quotes many Authorities to prove that Ireland is a Dominion divided and separated from England, p. 116. and in par­ticular the fore-mentioned Case of the Merchants of Waterford, but he finds fault with him for citing it un­faithfully and brokenly. The Chief Justice doth indeed abridge it, (and it seems by the alteration of the Words as if he had cited it by Head, not tran­scrib'd it out of the Book) which is a thing not unusual, nor to be esteem'd a fault in such Authors, if they give the passage its due weight, and that I think he does, as to the matter for which he quotes it; but what he especially blames, is, that the Chief Justice upon the Words of the Re­port, That the Statutes of England don't bind them, (Ireland) adds in a Parenthesis, (which is to be understood, unless they be specially named) and [Page 90] that Herein he concludes magisterially, p. 117. so it must be, this is my definitive Sen­tence, without giving any other Rea­son.

It is not unusual for Men of this Judges Authority, when they Note their Opinion transiently, not to di­late upon it; if that be not the Point they are directly handling, yet Mr. Molyneux confesses, p. 117. that In another place he gives this Assertion a Colour of Reason, by saying, That tho' Ireland be a distinct Dominion from England, yet the Title thereof being by Co [...]quest, the same by Iudgment of Law, migh [...] by express Words be bound by the Par­liament of England. But this doth but make the Matter worse with him: He hath before enquired how far Conquest gives a Title: But he would fain know what Lord Cook means by Iudgment of Law; whether the Law of Nature, and Reason, or Nations; or the Civil Laws of our Common-wealths, in none of which senses, he conceives, will he or any man be ever able to make out his Position. And now he gallops away with this, that there's no stop­ping [Page 91] him for two or three pages, bespattering the Chief Justice all the way; and though there is a great deal of his sort of Reasoning in it, yet I think it not worth the Readers Trouble to repeat more of it, than That he conceives my Lord Chief Iustice Cook to have applyed himself so wholly to the Study of the Common Laws of Eng­land, p. 119. that he did not much enquire into the Laws of Nature and Nations, else sure he could not have been guilty of so Erroneous a Slip. Nay, This Assertion of his is directly contrary to the whole Tenour of the Case he cites, p. 120. for that very Act of Par­liament on which the Iudges debated, and which they deemed not to be of force in Ireland, does particularly name Ire­land, so that here again Lord Cook 's Error appears most plainly.

Well, if he'll be but a little Cool, we may deal well enough with him in this Matter too, wherein he thinks he hath so much advan­tage: But now after all Mr. Moly­neux's Inquiries, he hath not said enough to Convince me, that the Lord Chief Justice Cook is in the [Page 92] wrong, to believe that England hath a Title to Ireland by Conquest: Nay, I do believe further of the Chief Justice's side, that that Con­quest hath given her so just a Title to all that Supream Authority which she pretends to hold over Ireland, as that by Judgment (or in Reason) of Law, her Parliaments may bind Ireland, if nam'd in the Law, and that she is warranted therein by the Laws of Nature, Reason, and Nati­ons, (the Civil Laws of particular Common-wealths I don't understand) and also by the Fundamental Laws of the Original Constitution of the English Government, and I have al­ready endeavoured to make out this Position so clearly, that I shall say no more to it here, but leave the Matter referr'd to the Reader's Judg­ment. The Censure which he passes upon so venerable a Person as the Lord Chief Justice Cook, that he must be very little acquainted with the Laws of Nature and Nations, should methinks but ill become a Writer so little known in the World as Mr. [Page 93] Molyneux, especially when in this first Essay of his he hath discovered much more of his Assurance than Judgment. But now to Vindicate the Chief Justice from the gross Er­rors with which he Charges him, we must look back again upon the Opinion of the Judges in the Exche­quer-Chamber, as he hath deliver'd it in Page 90, 91. They were Consult­ing, whether the Staple-Act, made in England, could bind the People of Ireland; they argue after this man­ner, Ireland hath a Parliament of its own, which makes Law's for the order­ing Matters among themselves, and there­fore the Statutes made in England don't bind them; by which they must mean such Statutes which are made in gene­ral Terms, and for the particular Oc­casions of England; for 'tis plain, that what they intend when they say, that The People of Ireland, as Subjects of the King, are oblig'd to act nothing out of that Country against the Statutes, is, of such English Statutes as name Ire­land; for the Subject of their Debate was about a Statute wherein Ireland [Page 94] was named. These Judges of the Exchequer do here make two Con­clusions, that seem contradictory: First, They say our Laws don't bind them, but that is in respect of things transacted within themselves, where­in the Parliament of England don't meddle; but then in the Second Place, They say, our Statutes did bind the People of Ireland, in Matters not re­lating to what was done within them­selves, and therefore they Concluded that this Statute did, because they were particularly named, else there had been no such Dispute about it, and this reconciles both these Con­clusions. Soon afterwards (as is aforesaid) when this Cause came to have a Second Hearing before the Judges in the Exchequer Chamber, the Chief Justice Hussey declar'd, That the Statutes made in England shall bind those of Ireland, to which the other Iudges agreed, without saying much against it: But doubtless this Opinion is to be understood of such Statutes only which name Ireland; and as to this Statute they all agree, that it had its full [Page 95] Effect upon the People of Ireland: Where then is this Erroneous Slip of the Lord Chief Justice Cook? In repeating the Words of the first Opi­nion, that Our Statutes don't bind them, he Notes in a Parenthesis the Tenour of the latter Opinion, ( unless they be especially named [...];) this is not con­trary, but agreeable to both the for­mer Opinions, how then doth he dif­fer from them? indeed the first Opi­nion says only, that they should be obliged in matters done out of that Country: But Hussey and Cook take no Notice of this Distinction, but give their Opinion somewhat more Gene­ral. Cook infers, that if Ireland be specially named, our Statutes do bind them, which still is not contrary to the Case which he cites, for that entire­ly agrees with him, excepting only in this difference, he infers that Ireland is bound, that asserts that the People of Ireland as Subjects of the King are bound, the Case stands stated alike to both, 'tis if they are named in an English Statute. If this Distinction will do Mr. Molyneux any good, let [Page 96] him enjoy it, for me it sufficeth, if I have shewn that the Lord Chief Justice Cook's Assertion is not directly contrary to the whole Tenour of the Case which he hath cited: He Notes, that the English Statutes don't bind Ireland, unless they are specially na­med; this Case shews, that because Ireland was named in it, those Judges were of the Opinion, that the People of Ireland as Subjects were oblig'd to pay Obedience to this Staple Act, as far as it required; I see therefore no contrariety to it in this his Assertion, but a great deal in that of Mr. Moly­neux, where he says, 'Twas the Vnani­mous Opinion of all the Iudges then in the Exchequer Chamber, p. 120. That within the Land of Ireland the Parliaments of England have no Iurisdiction, what­ever they may have over the Subjects of Ireland on the open Seas. I ap­peal to the Words of the Opinion, whether it denies, that the Parlia­ment of England hath any ( manner of) Jurisdiction within the Land of Ireland, there's nothing in it so positive; if it says, that Ireland hath a Parlia­ment [Page 97] within it self, it Notes also, that 'tis only for ordering of Matters fit to be transacted among themselves: If it says, that the Statutes in England don't bind them, because they have no▪ Representatives there, it may well be understood of such Statutes that are directed for the particu­lar Occasions of England, wherein Ireland is not named; it doth not in the least offer at the denying the Ju­risdiction of the Parliaments of Eng­land, in naming Ireland; for it di­rectly concludes them to be Sub­jects of the King, which cannot be meant in any separate Sense from the Kingdom, because it says, they shall be under the Obedience of the Admiral of England, and the King hath no Admiralty or Navy distinct from the Kingdom: Nay; their quo­ting the lying of a Writ of Error in the Courts of Ireland, (after they had own'd them to have such Courts, as well as a Parliament, in the very same manner as those in England) from the King's-Bench in England, could be he here to no other pur­pose, [Page 98] than to shew that England had Jurisdiction over Ireland in some Mat­ters; and certainly where England has any Authority at all, it cannot be severed from the Supream Legi­slature. But since he lays so much stress upon the Words, Ad aliquam rem extra terram illam faciend. (though it is to be noted by the way, that this Deliberation was upon a Statute respecting only matters to be done out of the Kingdom) yet I'll do him all the Reason possible, and if I should take the Words in the strictest sense he puts them, and grant that those Judges at that time had not consider­ed the Matter further, than to think that the Jurisdiction of the Parlia­ments of England did not extend to enact Laws, binding within the Land of Ireland, he must yet allow that Judges are sometimes mistaken in their Opinions, and we do not ad­mit their Sentences to have the force of Laws, as neither will he himself the Opinions of the Lords Chief Ju­stices Hussey and Cook; if then the Reason of the thing, as well as an­cient [Page 99] Practice, be quite otherwise, (as I hope I have sufficiently shewn in this Case) we may very warran­tably conclude this Opinion of these Judges to be Erroneous, if they in­tended it in the same sense which Mr. Molyn [...]ux takes it.

He hath not yet done with the Lord Chief Justice Cook, but tells us, That this Assertion is likewise incon­sistent with himself in o [...]her parts of his Works, p. 121. where he says, that the Laws of England had been granted to Ireland, and thereby Ireland being of its self a distinct Dominion, and no part of the Kingdom of England, was to have Par­liaments hold [...]n there as in England. The Chief Justice might well say, that Ireland had a distinct Domini­on, and Parliaments within them­selves, every Body must own it need­ful, because of their being divided from England by the Sea, that they might thereby be enabled to regulate Matters among themselves as the Circumstances of Time and Place should require. May not the City of London be said to have a kind of [Page 100] a distinct Dominion, and a sort of a Parliament held within themselves, even after the Pattern of the Grand Parliament of the Kingdom? the Lord Mayor, after the manner of the King, calls and dissolves their Assembly; the Aldermen (after once Chosen) have Right of Session for their Lives, as the House of Lords; the Common Council-men (resembling the House of Commons) are chosen Annually by the Respective Wards, (like the Counties) all these assemble in Com­mon Council, and there Enact Laws for the good Government of the Ci­tizens, which the Grand Parliament rarely, if ever, controul; and though their Jurisdiction be much less than that of Ireland, yet it is a certain Ju­risdiction, so firmly establisht, as that it's held that it cannot lawfully be taken away, or altered, by any Power in England, but the Supream Legi­slature, and that it must stoop to; and the same the Lord Chief Justice Cook says of this distinct Dominion of Ireland; that notwithstanding it hath a Power, Jurisdiction, and Au­thority, [Page 101] which is compleat within it self, yet it must pay Obedience to the Supream Legislature of England, whenever any Extraordinary Occa­sion shall make it needful for that to name it specially; and therefore the Tenour of his Judgment upon this whole Matter shews, that by his terming them no part of the King­dom of England, (because they have such a distinct administration among themselves) he does not in the least intend, that they should be lookt upon so separated, as to be out of all Reach of the Supream Imperial Au­thority of England; so that in all this there appears no Inconsistency; he never asserts what Mr. Molyneux as­sumes, that the King and Parliament in Ireland is a Legislature equally as Su­pream as that of the King and Parlia­ment in England, and it must be very unaccountable in any one to do so, who knows that all Irish Acts of Par­liament must be approv'd in the Privy Council of England; I'll warrant him, they'll take care that they shall ne­ver Enact different or contrary Sanctions, p. 121. [Page 102] so that he need not from this fear the Consequence of Ireland's having two Supreams. He hath one Touch more at the Lord Chief Justice Cook; he quotes him, p. 122. saying, If a King hath a Christian Kingdom by Conquest, (as King Henry the Second had Ireland) after the Laws of England had been given them for the Government of that Country. &c. no succeeding King could alter the same without Parliament: Which by the way seems nothing contradictory to all that Mr. Moly­neux hath quoted, of what he says concerning Ireland, but is a farther Indication that his Opinion was al­ways steady, that the King and Par­liament of England, and not the King alone, held the Supream Authority over Ireland. And now he Hath done with this Reverend Iudge, and I am very glad on't, because I doubt I have tyr'd my Reader with such an abundance that I have been forc'd to say for the Judg's Vindication; but to make amends, I'll try to divert him a little, by telling a short Story upon my self: When I was a Boy, I thought [Page 103] once that I had espy'd a fault in a performance of my Master's, and I had the assurance to tell him on't; he first fairly convinc'd me, that I had not taken the thing right, and then very gravely told me with a bent Brow, that 'twas more like my Boyish Confidence to find Faults where none were, than the Solidity of his stronger Judgment to commit such.

Now for Pilkington's Case: p. 122. The King first grants a Patent for an Office in Ireland, to be held by Pilkington or his Deputy; but after this, the same King grants the same Office to A, who who sues for it, and pleads an Act of Parliament in Ireland, that no Person might execute any Office there but in his own Person, on pain of Forfeiture; he proves that Pilkington acted by a Deputy; the Iudges thereupon decide in favour of A. What's this to the Parliament of England's Jurisdiction over Ireland? it shews no more than that the Judges of Ireland were of the Opinion, that the Kings Letters, Pa­tents could not over-rule an Irish [Page 104] Act of Parliament. Indeed he tells us, p. 124. that in the Pleadings 'twas offer'd, That Ireland time out of mind had been a Land separated and distinct from England, and ruled and governed by its own Customs, that they could call Par­liaments within themselves, &c. It seems two of the five Judges held this Pre­scription void, and thô I will not dis­pute (as it seems they did) about the Word Prescription, yet 'tis well known, that what Jurisdiction they had, was granted them by the Supream Au­thority of England, and I know no Body denies it them, only we cann't admit them to strain it, beyond what was ever intended: It says further, that Two of the Iudges affirm'd, and the other three did not deny, that a Tax granted in England, could not af­fect Ireland, except it be approv'd in the Parliament in Ireland: This is not what we Contest about, I never heard that England did ever raise Taxes upon any Members of her Empire, without the Consent of their Representatives.

As for the Merchants of Water­ford's [Page 105] Case, we have both said enough to that already: That of the Prior of Lanthony in Wales comes next; He sues the Prior of Mollingar in Ireland, p. 125. for an Arrear of an Annuity, and obtains Iudgment against him, both in the Common-Pleas and Kings-Bench in Ireland; Mollingar Appeals to the Parliament in Ireland, and they Re­vers'd both Iudgments; upon this Lan­thony removes all into the King's Bench in England, but that Court would not meddle in it, as having no Power over what had pass'd in the Parliament of Ireland: Lastly, He Appeal'd to the Parliament of England, and it does not appear that they did any thing in it. What of all this? The Court of King's-Bench in England, although they had Authority to determine up­on Matters brought before them by Writ of Error out of Ireland, yet they did not believe, they had any Power over the Parliament of Ire­land: Doubtless they were in the right; but it seems 'twas then be­liev'd that the English Parliament had, else Lanthony had never Peti­tion'd; [Page 106] but it does not appear that they did any thing upon this Appeal, the Petition only being entered at the end of the Roll: Why? that's a plain Sign, that 'twas the very last thing of the Session, and the Parliament was Dissolv'd, Prorogu'd, or some­thing, before they could go upon it, or perhaps the Matter was agreed, or the Prior's dead before next Sessi­ons, or fifty Reasons more that might be offer'd against his sleeveless Sug­gestion, That the Parliament of Eng­land did not think themselves to have a Right to enquire into this Matter, because nothing more than the Petition is found upon Record; but I'll tell him a better Reason of our side, 'tis not probable that they would have re­ceiv'd the Petition, if they did not believe they had Right to decide up­on it.

The next thing is about the Acts of Recognition, and this he begins with an ingenious Confession, p. 127. That the Kingdom of Ireland is inseparably annext to the Imperial Crown of Eng­land, and the Obligation their Legisla­ture [Page 107] lies under by Poyning's Act, makes this Tye indissoluble: This is enough to make out all our Pretensions up­on them; 'tis strange to see a Man writing a Book against the Natural Consequences, when yet he so easily agrees upon the Premises. The Im­perial Crown of England denotes the Supream Authority of the Kingdom; the Material Crown is but a Badge of this Authority, and is given to the King, not as his own separate Propriety, but as an Ensign of the Authority which he enjoys, as Head of the Kigdom; if any Body should steal this Material Crown, and break it to pieces, as Bloud did, the Su­pream Authority of the King and Kingdom remains entire and invio­lated: This Supream Authority al­ways resides in the Legislature, which in our Constitution is inseparably vest­ed in the King, Lords, and Com­mons; there can be no annexing to the Imperial Crown of England, di­stinct from the Supream Imperial Au­thority of the Kingdom; if any Ter­ritory shall be annext to this Impe­rial [Page 108] Crown, it must become a Mem­ber of the Empire, otherwise 'tis no annexing; and because there can be but one Supream Legisla­ture, every Member or part of the Empire must be in some Subordina­tion to that Supream Legislature, whatsoever other Jurisdiction it may retain, as necessary to its own par­ticular Regulations within it self; o­therwise it can be no Member, but must remain a perfect Body of it self. I think these are Positions that won't easily be disprov'd, and we have a compleat Instance of them in the Kingdoms of Scotland and Ireland, as they stand related to England; Scot­land is an ancient, distinct, and (saving the old Pretensions of England upon them) independent Kingdom, hath an Imperial Crown of its own, worn by a long Succession of Kings, whose Posterity came to inherit the King­dom of England, and remove their Seat hither, yet 'twas not in their Power to annex the Kingdoms, with­out their Joint Consent, so that they remain an intire Sovereign Kingdom, [Page 109] govern'd according to their own Con­stitution, without any Subordina­tion to England to this day; and therefore in the late Happy Revolu­tion, when King William and Queen Mary had obtain'd the intire possessi­on of the Crown of England, they did not pretend to that of Scotland, 'till the States of that Kingdom had conferr'd it upon them by a free Election. On the contrary; Ireland (whatever it was anciently) was no intire Kingdom, when the English first took Possession of it, but divided into many Jurisdictions, under Petty Princes; it had never any Diadem or Ensign of Royalty, that ever I could hear of; it was entirely subdued, and brought under the English Govern­ment by Conquest, (as all Authors, except Mr. Molyneux, agree) it was brought into the form of a Kingdom, and afterwards had that Title con­ferr'd upon it, and was endow'd with Laws, and a Constitution of Govern­ment, by the Authority of England, who from the Beginning reserv'd and exercis'd a Superiority over them; and [Page 110] (Mr. Molyneux being quite mistaken in the Grant made to King Iohn) it was never separated from being a Member of the Empire of England, but (even as Mr. Molyneux confesses) remains annext to it to this day. The Supream Legislature of England (then in being) presented the Title of it to King William and Queen Mary, at the same time with that of Eng­land, without asking the leave of the People of Ireland; in like manner, they have proclaim'd all the English Kings with that Title at their first Accession, and have, as he owns, con­cluded Ireland in all Acts of Recog­nition. What if the Parliaments of Ireland have also recogniz'd? 'twas but to own their Allegiance; our Kings were as effectually vested in the Dominion over Ireland before, by the Authority of England, and double doing in such a Case can be no harm; neither can this be any Argument to prove, p. 128. Their having all Iurisdiction to an Absolute Kingdom be­longing, or that they are not subordinate to any Legislative Authority on Earth.

[Page 111]Now he tells us, p. 128. As the Civil State of Ireland is thus absolute within it self, likewise so is the Ecclesiastical; and just so it is, but that is without any absoluteness in either. The mul­titude of the Native Irish, and the Old English, were doubtless very averse to the Establishment of the Reformed Religion, because they have continued Rom [...]n Catholicks ever since; and yet this Reformation was begun there by no other Authority, than an Order of the King and Coun­cil in England, to the Lord Deputy, to Cause the Scriptures and the Com­mon Prayers to be us'd there in the English Tongue; from whence 'tis evident, that they did not then think their own Ecclesiastical Jurisdiction so absolute, as that they could op­pose it to the Authority of Eng­land.

He quotes a Record out of Reyley, p. 129. That Edward the Second, upon a Mo­tion of his Parliament at Westminster, had sent his Letters Patents to the Lord Iustice of Ireland, that he should Order that the Irish might enjoy the [Page 112] Laws of England concerning Life and Member: From whence he infers, That the Parliament did not then think, that they had Iurisdiction in Ireland, otherwise they would have made a Law themselves to this effect: Can this be any more than an Instance of what I have all along said? that our Par­liaments have always been willing to leave the Peop [...]e of Ireland, as much as possible, to the Exercise of their own Form of Government, in Matters relating to themselves, and not to interpose their own Supream Authority, but upon Extraordinary Occasions, wherein the Welfare of the whole was concerned? But can it be any Argument, that they thought they had no such Authority, because they did not think [...]it on this Oc­casion to use it?

Mr. Molyneux finds, that the lying of a Writ of Error from the King's Bench in England, on a Judgment given in the King's Bench in Ireland, lyes heavy upon him, and therefore he labours mightily, and turns it eve­ry way to get rid on't; first he says, [Page 113] 'tis The Opinion of several Learned in the Laws of Ireland, p. 131. that this is found­ed on an Act of Parliament in Ireland which is lost. How Learned soever this Opinion may be, I am sure 'tis not very Judiciously offer'd here; for no Body will believe that the Legi­slature of a Kingdom that thought it self absolute, could do so foolish a thing as to make a Law themselves, that should put them under the Admi­nistration of another Kingdom, in so high a point as the Controuling all their Judicatures; and therefore if ever they made such an Act of Parlia­ment, 'tis not to be doubted but that at that time they were very sensible, that whatsoever Authority they had among themselves, was all deriv'd from, and in perpetual Subordination to the Supream Authority of Eng­land. Indeed he comes and says af­ter, p. 136. That this Suit is made to the King only, the matter lies altogether before him, and the Party complaining applyes to no part of the Political Government of England for Redress, but to the King of Ireland only, who is in Eng­land: [Page 114] That the King only is sued to, the Law books make plain, &c. for above two Pages. Fine, very fine spun are these Arguments, but withal so ex­tream [...]light, that they won't hang together: If the King was ever us'd to [...]it there in Person, was there not al­ways four English Judges constituted in that Court, (whom the King in those days could not remove at pleasure) who had Authority to judge, whe­ther the King were present or ab­sent? Or does he think, that when an Irish Appeal came before them, these Judges could not meddle in it? or if they did, whilst the King was present, they were all on a Suddain swallowed up, or consubstantiated into the King? or if they acted in his absence, an Irish Cause would immediately transubstantiate them all four into the real presence of one King of Ireland, in his proper Person? But if this should be too gross to put upon Mr. Molyneux, we must e'en resolve it t'other way, and con­clude, that he thinks the Judges and Courts of Judicature are no part of [Page 115] the Political Government of England: He hath abundance of other pretty Conceits, how and which way this Business of the Writ of Error might come about, and in what sense it may be thought to operate; but I'll leave him in the quiet and peace­able Enjoyment of them, because I think it not worth while to trouble my self or the Reader more about them [...] ▪ We may be sure he would not hav [...] us to Conclude, p. 139▪ That if the King's B [...]nch in Ireland [...]e subor­dinate to the King's Bench in England, that therefore it must follow, that the Parliament of Irela [...]d is subordinate to that of England; and though, as he sees, we have a very good Argument for that, a fort [...]ort, yet what I have said before may satisfie him, that we have other Demonstrations enough, to assure us in the constant Subor­dination of that Kingdom to this, besides the lying of this Writ of Error, which the very Reason of the thing (maugre all his Endeavours to shift it) will evince, that this prehemi­nence must infallibly have been pre­serv'd [Page 116] to England from the first an­nexing of Ireland; for after they were become obliged to be rul'd and go­vern'd by our Laws, whether should they resort to have them explain'd, but to that Authority that gave them? I cann't omit observing, how very pertinently He concludes this his Fifth Article, with a Memorable Passage out of their Irish Statutes: p. 140. And that is the Act of Faculties made in [...]land the 28th. Hen. 8. reciting a former Act, in the Praeamble of which 'tis declar'd, That this your Graces Realm Recognizing no Superi­our but your Grace, hath been, and yet is free from any Sub­ [...]ection to any Man's Laws, but only such as have been devised within this Realm, for the wealth of the same, or to such others, as by sufferance of your Grace, and your Progenitors, the People of the Realm have taken at their free Liberties, by their own Con­sent; and have bound themselves by long Use and Custom to the Observance of, &c. Now this very [Page 117] Declaration, with the other Clauses of the said English Act, is Verbatim re­cited in the Irish Act of Faculties. Be­hold the mighty force of this Ar­gument! The People of England did in an Act of Parliament make a De­claration of their ancient undoubted Rights and Liberties, proper and pe­culiar to their own Constitution: The Parliament of Ireland pass the same Act there, and take upon them to ape the very Words of this Declaration in their Act, though the same could not be proper or rightly applicable to the Circumstances of their Constitution, (for the Laws given them at first from England, were never devised within that Realm) therefore the People of Ire­land cannot be under any Subordi­nation of the Parliament of Eng­land.

And now he's come to the 6th. and last Article, p. 142. viz. The Reasons and Arguments that may be further of­fered on one side and t'other in this De­bate: And here Mr. Molyneux opens a very diverting Scene, but fitter for [Page 118] Ridicule and Disdain than Argument: He tells us, p. 142. There remains another pretence or two for this Subordination to be considered; and one is founded on Purchase: 'Tis said, that vast Quanti­ties of Treasure has been spent by Eng­land from time to time, for reducing Ireland, which has given them a just Title at least to the Lands of the Re­bels, and to the Absolute Disposal there­of in their Parliament, according to the Examples in Forty One, and the late Rebellion in this Reign.

I am sorry that he has so little sense of the great Benefit which the Protestants of Ireland have receiv'd, by the interposing of the English Power in their Favour. 'Tis not to be disputed, that the late King Iames had all the Haereditary Right that was entail'd upon their Independent (as he terms him) King Iohn; and although he had Abdicated the Crown of England, yet by this Gentleman's Notions, he had still an undoubted Title to the Kingdom of Ireland, which he came to possess, by the assistance of a very considerable Pow­er [Page 119] from France; and (if Mr. Moly­neux's Doctrine be sound) could any body then blame the Irish, and Old English, of his own Religion, to join with him, in the asserting his anci­ent Right to that Kingdom? For my own part, I must own, that I know no other Reason that can justifie us in our engaging in that War, for the Recovery of Ireland, than the Old English Principle, that Ireland was our own, as an inseparable Member of the English Empire; and I am sure, all the English Protestants of Ireland were then glad to have us assert that Right, or else their fair Estates in that Country must have left the greatest part of them to go a Begging at this day, unless per­haps they could have reconcil'd them­selves by turning Papists; it being well known, that they were so far from valuing themselves upon their own Strength, that (excepting that Gallant and Resolute Resistance made by the People of the North, at London-Derry and Inniskilling) they gave up all, and generally (meaning the People [Page 120] of Note) fled to England; (though many are of the Opinion, that they might have done more for themselves than they did, if they had staid:) Thus were their Estates lost to them, beyond hopes of Recovery, but by the strength of England: Indeed when we had sent over an Army, some of them went back again, and to­gether with those that remain'd in Ireland, did expose themselves, and acted a fair part in the War; yet all they were able to do, was so inconsi­derable, in regard of the whole Ma­nagement of the War, that I believe it won't be pretended, that we were made Masters of Ireland one day the sooner for their help. The vast Charge of an Army, A [...]ms, Artillery, Am­munition, Provision, Shipping, &c. all this have we born, and paid for, by raising Taxes upon our own Estates, when we knew they were not able to Contribute any thing themselves; and after all this, what of a Man can have the Impudence to dispute with us, whether we have any Right to the forfeited Estates in Ire­land? [Page 121] If the Kingdom of England hath no just Jurisdiction over Ireland, I will affirm, that the Irish were in no Rebellion, but were in the Exercise of the Natural Allegiance, and in the Discharge of that Duty which they ow'd to their Lawful King; there was no Act of their Parlia­ment to declare King Iames abdica­ted, and the Throne vacant, neither indeed was there any pretence for it; because he came, and was actu­ally present among them, and in the full Exercise of his de facto Kingly Power, as to them: But (as I said before) the People of England hav­ing in their Convention (which at that time was the Representative of the Nation) conferr'd the Crown of England and Ireland, and all other Territories and Dominions belonging to the English Empire, upon King William and Queen Mary; the King­dom of Ireland, as a Member of the English Body, was as much bound to submit to that Revolution, as New-England, or any of the rest of our Colonies; and therefore the Opposi­tion [Page 122] made by the Irish against it, was a perfect Rebellion, and render'd them liable to all the Pains and Penalties which the Municipal Laws of the Kingdom could inflict upon Rebels: This then justly forfeited their Estates to the King, as he is the Head, but not as in any separate Capacity from the Kingdom of England: We know however, what Authority the King hath to dispose of these Estates, to such as may have deserv'd well; and if the Parliament of England shall ac­quiesce therein, that's no Argument that therefore they have no Autho­rity to intermeddle in that Matter, and their former practice (as he con­fesses) hath shewn the contrary.

He owns, p. 143. that In a War, the Estates of the Unjust Opposers, should go to re­pair the Damage that is done; but theirs do not resemble the Common Case of Wars between two Forreign Enemies, but are rather Rebellions, or Intestine Commotions. And so we say. But, he continues, If the Protestants of Ireland, by the Assistance of their Bre­thren of England, and their Purse, do [Page 123] prove Victorious: A fine Turn indeed; the Matter of Fact is, that the Army of England prov'd Victorious, and that without any thing that might reasona­ble be call'd Assistance from their Bre­thren, (as he, though somewhat assu­mingly in this case, calls themselves) the Protestants of Ireland, and yet forsooth the Victory must be theirs: No Man of Modesty, as this Gentle­man would bespeak himself, could dare to put upon the World at this rate. Well, but he tells us, p. 143. The People of England ought to be fully re­paid; but then the manner of their Pay­ment, and in what way it shall be levy­ed, ought to be left to the People of Ireland, in Parliament Assembled. He owns the Debt, and that we ought to be paid, but how, and which way, and when, ought to be left to them; a pretty New-fashion'd Priviledge this Gentleman is inventing for his Country; provided they own the Debt, the Creditor must be content­ed without any Security, without any Terms, and (consequently) without any Interest, how long so­ever [Page 124] he may be kept out of his Mo­ney; he ought to leave all that to the Good Will and Pleasure of his Honest Debtor; but I believe Mr. Molyneux would be loth to pass for such a Fool, in his own way of Dealing in the World, and sure he must measure us by an Irish Understanding, if he thinks this sort of Reasoning will go down with us. He goes on, And so it was after the Rebellion of Forty One; that's a Mistake, (though it deserves a harder Word) for he tells us, The Adventurers had several Acts of Parliament made in England for their reimbursing, by disposing to them the Rebels Lands; so that it was not then left at the Discretion of the People of Ireland: p. 144. But after all, it was thought reasonable, that the Parliament of Ireland should do this in their own way, and therefore the Acts of Settle­ment and Explanation made all the former English Acts of no force, or at least did very much alter them in many particulars. Here'tis plain, that Acts of Parliament were made in England, for disposing the forfeited [Page 125] Estates of Ireland, which were be liev'd to be of Validity, and a suffi­cient Security to the Adventurers at the time when they were made, o­therwise People would not have ad­vanc'd their Money upon them; and though I am no Lawyer, and don't think it concerns me to look after those Acts, yet from the Reason of the thing, I cann't believe that those Persons that advanc'd this Money, could afterwards be legally depriv'd of the Interests granted them by those English Acts, by any after Authority of an Irish Parliament: If any were, I would advise them yet to s [...]e to an English Parliament for Relief. 'Tis true, there had happen'd a Revolu­tion, and perhaps some People that had those Lands, might be lookt upon as under Delinquencies to the Govern­ment that then came to be uppermost, and we know that some of the Irish Papists were very strangely restor'd to their Estates, and the Possessors put out; yet if some Injustice was done, at such a time when many things were carried by Extreams, [Page 126] nothing will prove an invalidating of those English Statutes, less than either a total Repeal of them, and that he seems not to stand upon here, (though he suggested it in another place;) for he only says, they were made of no force, or at least were very much alter'd in many particu­lars; which is a certain Sign they were not repeal'd: Or to shew that they were so altered, as to take away all the Lands that were possess'd by any of those Adventurers, or their Descendents, by Virtue of those Acts of Parliament: If that cann't be made out, (which sure he won't pretend to) it will remain, that those Eng­lish Acts of Parliament did really dispose of the Rebels Lands in Ire­land; and if there be any after Settling or Confirming them to the Safety of the Proprietors, by Act of Parlia­ment in Ireland, that cannot impeach the Authority of the first Acts.

Well, p. 144. he still allows, That we shall be repaid our Expences; all they desire, is, that in preservation of their own Rights and Liberties, they may do it in their own [Page 127] Methods, regularly in their own Parlia­ments: And if the Reim [...]ursment be all that England Stands on, what availeth it, whether it be done this way or that way, so it be done? A pretty loose way of Talking this; he speaks as confidently of reimbursing us, as if that were a small matter, and they had this way and that way, ways enough to do it; and they are so well prepar'd, that they desire no­thing else but Liberty, to let them do it in their own methods. I am sorry we han't heard one word like this offer'd in their Parliaments, 'twould have lookt much better from them, than from Mr. Molynellx, to have taken Notice of this great Debt to England, and to have at least declar'd their Intent of paying it; but he is a Member, and perhaps he knows their Minds better than I do; and because he proposes so fairly, I am willing to strike a Bargain with him; if he'll undertake on the Behalf of Ireland, I'll undertake ont the part of England, that if they are in good Earnest, willing and able to pay us [Page 128] his Debt, the Parliament of England (and I hope my good Intention in this matter, will obtain their Pardon for my presumption) will leave them intirely at Liberty, to raise it accor­ding to their Methods, as regularly in their own Parliaments as he desires; and this being (as he says) all they ask, let him but publish himself in Print once more, and engage to pledge his own Estate (which by the way he may value the less, by how much he is indebted to me, and the rest of the good People of England, for what we have paid to redeem it) to the Publick, for the perfor­mance; I'll engage not only my Estate (which is somewhat to me, if it be not so great as his) but my Life too, that the Parliament of England will assent, to give them what time they please, for the payment of the Principal, if they can but give Se­curity for the payment of the Inte­rest at 6 per Cent. (though the In­terest of Ireland is 10) and I believe I might adventure to promise, that upon the performance of such Ar­ticles, [Page 129] they would make him as Com­pleat a King of Ireland as ever his King Iohn was, and also give him a better Estate to support that Dignity, than was given to that Prince. I don't love Banter, but how can a Man treat such Discourse otherwise? is it not certain, that we have expended more Money (besides the invaluable Blood of our People) in the Reductions of Ireland, than all the Lands in the possession of the English are worth? and yet we have been so generous to them, as hitherto not to ask for one penny of Reimburs­ment from them. But see the inconside­rateness of this Gentleman, he hath been so far overseen, in the saying any thing that he has Thought could give the least support to his unreasonable Argument, as not only to scatter many pernicious Notions, which the Irish may lay hold on to the Prejudice of the Eng­lish; but here also he hath started a Thought, that is capable of being im­prov'd more to the Benefit of Eng­land, than to the advantage of his own Country-men, (as he distinguish­es) the English of Ireland. Is there [Page 130] not Reason, that those who receive the greatest Benefit by the Publick Expence, should contribute a propor­tion towards it? The People of Eng­land receive but a distant advantage by the Reduction of Ireland, and yet they have born the whole Charge; the Protestants of Ireland have receive'd an immediate Benefit, by being re­stored to very great and improving Estates, and yet they have paid no­thing; the Government of England is extreamly in Debt, and the Taxes will continue to lye very heavy up­on the Inhabitants of England, where the Means of Sustsistance is much harder; but Ireland is recover'd into a flourishing Condition, and through the great Plenty and Cheapness of Provisions, the People there by a little abatement of their abundant way of living, may spare Taxes much more easily then England: What then if the Parliament of England should entertain this Thought of his, and become of his Opinion, that they ought to be repaid their Expences; and that the People of Ireland are now in a Condition to Con­tribute [Page 131] something towards it? especial­ly since they are already become so Up­ish, and retain so small a Sense of Grati­tude for the great Support we have so lately given them, as that not only this Gentleman, but others also have shewn their Readiness to fly at our Heads, and even threaten us with the Consequences of their Resent­ments, for our only offering to Check their Progress in a Manufacture, which cannot be carried on there but to the Ruine of England: I say, if upon these Considerations, and so extraordinary an occasion, they should require a Certain Summ from the People of Ireland, I know not but that it may well consist with that Supream Authority, which (as I have endeavoured to shew) must be of the Essence of every Compleat Empire; and that it would be no Vio­lation upon that Constitution which was given them, if our Parliament should be content, That in preserva­tion of their own Rights and Liberties, they may have Liberty to raise it in their own Methods, regularly in their [Page 132] own Parliaments. Perhaps Mr. Moly­neux will tell us, that they have a Negative upon us; but he hath be­fore put us in mind of an Unlucky Hank that our Admiralty hath on them. I doubt the Gentlemen of Ire­land won't be well pleas'd with me for touching upon this Point, but they must reflect upon their own Advocate, but for whom it had ne­ver come into my Mind; and they ought not to be offended with me, for answering him in such a Way as his own Arguments require: I never design'd them any ill Office, and if any advantage should be taken by this, I am as ready as Mr. Moly­neux himself, for my part in it, with the lowest Submission to ask their Pardon.

What follows next may be pre­fac'd with a ‘Monstrum horrendum, informe, ingens, cui lumen ademptum.’

We have an Example of this in Point between England and Holland, p. 144. [Page 133] the Glorious Revolution under his pre­sent Majesty; Holland in Assisting Eng­land expended Six Hundred Thousand Pounds, and the English Parliament fairly repaid them: It would look oddly, for Holland to have insisted on dispo­sing of Lord Powis's, and other Estates, by their own Laws, to reimburse them­selves.

An Example in Point; then Hol­land must once have Conquer'd Eng­land, and have ever since retain'd a Title to this Kingdom, and exercis'd an Authority over us, in directing all the Principal Managements of our Government: Neither can there be any Semblance of their assisting us at that time with Six Hundred Thou­sand Pounds; that Assistance was ad­vanc'd wholly on the Credit of their Stadtholder, the (then) Prince of Orange, and the Assistance we had was only owing to him, who by the Success of that Glorious Expe­dition came to be Elected our King; and then the Parliament of England considering, the Inestimable Benefit England had receiv'd by that most [Page 134] Happy Revolution, thought it reaso­nable to repay them the full Charge which the States had advanc'd on this Account: Besides, if the Fact had been true, the Dutch knew we were well able to repay them, and they have had their Money to their Content, but we knew that the People of Ireland, if they would have beggar'd themselves, could never have reim­burst us, and therefore we have not, and perhaps (then) never intended to ask them for it: May this be call'd an Example in point too? After this, can there be a more Odious Compa­rison than what he infers, that the Dutch had as much reason to insist on the disposing Lord Powis's and other Estates, as our Parliament had to meddle in the matter of the For­feited Estates of Ireland? I have suf­ficiently shewn how the Government of England hath a Just Right to the For [...]eited Estates in Ireland, but sure­ly the Dutch cann't pretend to any Right to Estates forfeited in England, by our Municipal Laws; and it does indeed look oddly enough in him, to [Page 135] Controvert this with us, before we are repaid one Farthing of a vast­ly greater Expence, and tell us, here's an Example in Point for us: Such Treatment as this would raise the Blood of an Englishman, and though a fitting Modesty and Regard to my Reader doth restrain me from venting the Resentment due to so great an Indignity put upon the Eng­lish Nation; yet I hope I may be in­dulg'd to imprecate upon my self, if ever I should discover so little Thought, as to make use of Examples highly reflecting upon my Superiours, and yet no way agreeing with the Fact in hand; may I be Censured for an Eternal Blockhead, and condemn'd to wear my Book affixt on my Back, as a perpetual Badge of my Insolence and Folly.

I am weary enough of this Head of Purchase, and yet I will take the pains to transcribe the last Paragraph on't from end to end: He says, p. 154. 'Tis an ungenerous thing to vilify good Offi­ces, I am far from doing it, but with all possible Gratitude acknowledge the mighty [Page 136] Benefits Ireland has often receiv'd from England, in helping to suppress the Re­bellions of this Country; to England's Charitable Assistance our Lives and For­tunes are owing: But with all humble Submission, I desire it may be Considered, whether England did not at the same time propose the preventing of their own Danger, that would necessarily have attended our Ruine? if so, 'twas in some measure their own Battails they fought, when they fought for Ireland; and a great part of their Expence must be reckon'd in their own Defence.

If Mr. Molyneux had had a due sense of what he was saying, he could never have so solemnly pro­tested against the ungenerousness of Vilifying good Offices, and yet in the next Breath attribute no more to England, in what she hath done for them, than just her helping to Suppress the Rebellions: Is not this Vilifying with a Witness? after we have Reduc'd Ireland, and put them into the Possession of their Estates, upon our own proper Cost and Strength, to have it lessen'd to no [Page 137] more than a little Lending them a Hand at a dead lift, and for which they are very willing to repay us (in Words)? Why, this is not worth his acknowledging with all possible Gratitude, the Mighty Benefits they have received from England, &c. But after all, this Mighty Hodge-Podge of an Harangue is but to tickle us into a good Humour, that he may slyly usher in his Plea in Abate­ment of Damages, and so pay us all off with the Flap of a Fox-tail; It is to be Considered, whether England did not at the same time prevent their own Danger, and consequently in some mea­sure fight their own Battels: We have been pretty well us'd to this un­grateful Complement from others of his Countrey men, who have been apt on all Occasions to reflect upon us, that 'twas not for their sakes, but our own, that we reduc'd Ire­land; only Mr. Molyneux, like him­self, gives it us in finer Language: What if we also have receiv'd some Advantage by this Reduction? I should think that a People who had [Page 138] any due sense of Gratitude, might remain so well Content with the great Benefit that accrew'd to them­selves, by the re-enjoyment of the Estates which they had lost, as not to upbraid us with any such reaso­nable Convenience which we might draw from it, without Prejudice to them. Can they think it had been fit for us to engage in so mighty an Expence, for no other Reason than to recover their Estates for them? Well, suppose we had thought fit on­ly to fight our own Battails, and when we had done, to have bridled the Irish by strong Garrisons, and had no reguard to have restor'd them to their Estates; perhaps we might have as well secur'd our own Inte­rest that way: However, the Tender­ness we had for them, (how ill so­ever some of them seem to have de­serv'd it) would not suffer us to use so Severe a Policy, which yet if we had practic'd from the beginning, and kept our own People at home, would have turn'd to much better account to us, than if we should at [Page 139] last be so far overseen, as to suffer a Co­lony of our own to Contest with us for our Trade. But yet I am for Complying with Mr. Molyneux in this matter, and I am content that a part of this Expence, in proportion to the Benefit England shall be thought to have receiv'd by the Reduction of Ireland, shall remain upon our Account; but then I hope the vast advantage which immediately aocrews to the People of Ireland by the Recove­ry of their Lands, and the fair time we have spar'd them from Contributing any thing, may be thought justly to in­title them to the far better part of this Charge; and if Mr. Molyneux can with as much Ingenuity find a way to pay it, as he hath been ready to own it, he will very much oblige the Government of England, at a time when their own Occasions do so much want it.

So much for Mr. Molyneux's feign'd pretence of Purchase, which can be but an Invention of some such pregnant Brain as his own; for I never before heard, that the People of England had set up any pretention for their Superio­rity over Ireland upon that foot; such [Page 140] another is that which follows. p. 145. Ano­ther thing alledg'd against Ireland is this; If a Forreign Nation, as France or Spain for instance, prove prejudicial to England in its Trade, or any other way; England, if it be stronger, redresses it self by force of Arms, or denouncing War; and why may not England, if Ireland lyes cross their Interests, restrain Ireland, and bind it by Laws, and main­tain these Laws by Force? He discusses this Point very gravely, but since no Body ever thought of making this any Argument but himself, and we ne­ver pretended to have so little to do with them as with France and Spain, I'll trouble my self no further about it, but let it pass for a Meer Whim­sie.

Mr. Molyneux tells us, p. 148. The last thing he shall take Notice of, that some raise against them, is, that Ireland is to be lookt upon as a Colony from England: Here he attempts to delude us with a falacious Argument; but that is very easily solv'd by an Obvious Di­stinction. If he would not have Ire­land lookt upon as a Colony, yet I [Page 141] believe there can be no Notion of a Colony clearer, than that the English planted there, are so in the strictest Sense, and that I shall undertake to prove anon, although he calls it, The most Extravagant of all Objections a­gainst them; and then without doubt it must follow, that, As the Roman Colonies were subject to the Laws made by the Senate at Rome, so ought Ire­land by those made by the great Coun­cil at Westminster. I may add, or any where else, where our Parliament may sit to Enact Laws. But he would not have this be thought To have the least Foundation or Colour from Reason or Record; does it not manifestly appear by the Constitution of Ireland, that 'tis a Compleat Kingdom within it self? I say No, 'tis but the Form of a King­dom; for since 'twas first subdu'd to England, Governours have always been set over it by England, and it never had Authority of it self to Exer­cise a Legislature, but by Directions from England. But now he's resolv'd he'll confute us, though Bellarmine stood in the way; Do not the Kings [Page 142] of England bear the Stile of Ireland, (and why did he not mind the Arms too) among the rest of their Kingdoms? Is this agreeable to the Nature of a Co­lony? do they use the Title of Kings of Virginia, New-England, or Maryland? Don't the Great Turk bear the Title of a great many Kingdoms? Yes, and some of them have a more Compleat Dominion among them­selves than ever we gave Ireland; are they therefore all Compleat King­doms within themselves? The Kings of Spain have so many Titles of King­doms, that they have quite lost the Knowledge where some of them grow; they have us'd the Stiles of King of the East and West-Indies, and yet their acquisitions there have been but Colonies; Mexico and Peru are not Compleat Kingdoms within them­selves, though they have that Title, yea, and their Governours, have the Style of Vice-Roys, and that's a high­er Feather than ever those of Ireland wore, (I should have excepted their absolute King Iohn:) The Kings of England have never call'd Virginia, [Page 143] New-England, or Maryland, by the Name of Kingdoms; is there such a deal of weight in that? The Potu­guez gave the Style of a Kingdom to Goa in the East-Indies, but they ne­ver did to Brazil, thought it be much the more Considerable Colony: And now I think on't, we were once a­bout making our Dominions in Ame­rica into a Vice-Royalty, under the Duke of Albermarle, sure then they must have made as Compleat a King­dom as Ireland; for they have as ab­solute a distinct Dominion within themselves, and I beleive, are en­dow'd with Authority for the regu­lating the Affairs of their own Govern­ments, as ample in all Respects as Ireland, excepting only the Punctilio of a Titular Kingdom, and the Denomi­nation of a Parliament, to the very same thing that in the others is call'd an Assembly: Are not all these things done or not done, according to the Humour or Fancy of Princes? Is there any thing of Essence or Rea­lity in them? If the English of Ireland are in all other respects under the [Page 144] Circumstances of a Colony of Eng­land, will any Body besides Mr. Mo­lyneux imagine, that this Title of a Kingdom doth exempt them? But he has more to say; Was not Ireland given by Henry the Second, in a Par­liament at Oxford, to his Son John, and made therby an absolute Kingdom, separate and wholly independent on Eng­land, till they both came united again in him, after the Death of his Brother Richard without Issue? No, he con­tinued a Subject of England, and was Try'd for his Life as such; the Par­liament of England limited him from using the Style of King: Can the King of a Separate Kingdom be li­mited, and yet his Kingdom remain wholly Independent?

He continues, p. 149. Have not multitudes of Acts of Parliament, both in Eng­land and Ireland, declared ireland a Compleat Kingdom? but never Inde­pendent: Is not Ireland stiled in them all the Kingdom or Realm of Ireland? Do these Names agree to a Colony? Yes, are not the Names of Colonies agreeable to Mexico and Peru, because [Page 145] the Acts of State in Spain stile them Kingdoms? Have we not a Parliament, and Courts of Iudicature? Do these things agree with a Colony? Yes, and other Colonies have effectually the same. Neither doth this involve so many absurdities as he thinks, if we do but consider what sort of a thing a Colony is.

When People began to multiply in the World, and fill those Tracts that were first inhabited, they were necessitated to spread themselves far­ther and farther, for the better Con­veniency of Living; and thus the re­moter Parts came in process of Time to be peopled, with such as are call'd the Aborigines of Nations: In the first and innocent Ages of the World, these liv'd in an undisturb'd Quiet, contented in the Enjoyment of such things as with their own easie Cul­tivation, Nature plentifully bestow'd in an abundance, sufficient for the Support of all Mankind, 'till the Ma­lice and Enmity of the Devil, ope­rating upon the deprav'd Minds of Men, through the Curse entail'd up­on [Page 146] on them, for the Disobedience of our First Parents, stirr'd up in them the Unnatural Desire of living according to their own Wills, without regard to the Principles of Reason, and the Laws of Nature, which God had eternally stampt upon their Minds: This soon began to break the first Harmony and good Order of the Creation, and came in time to change the whole Face of Humane Affairs, and introduce a very different kind of Oeconomy among Men. Hence it was, that the more powerful Com­munities, if they found their own Borders too strait for them, would not give them [...]elves the Trouble of removing to distant uninhabited parts of the Earth, but took the Liberty to incroach upon their Neighbours, and possess themselves of what the Industry of other Men had made their own just Right and Property. These Violations of the Law of Na­ture taught the more scatter'd People to enter into Societies, and unite to­gether for their Mutual Defence a­gainst the Invasions of others; and [Page 147] for the Well-ordering of Matters, and preventing private Injuries that might occur among themselves, they thought upon the constituting Laws, for the defining of Liberty and Pro­perty, and executing Justice upon such as should offend against them; they apply'd themselves also to the inventing of all such further Policies as might be conducive to the acqui­ring and preserving the Good of the whole Society; and whether they thought best to commit the Chief Conduct of their Government to one Person as Supream, to rule them with the assistance of subordinate Ministers; or that they plac'd this Supream Au­thority to govern in several, with joint Power, the end and intent was still one and the same, to procure and conserve the Good of the whole People, though the Names were differing, as that of Kingdom, Common-wealth, &c. Those that institu [...]ed the best Poli­cies, and most suitable to their Cir­cumstances, generally became the most power [...]ul; a Sense of their Strength, and an Opinion of their [Page 148] Skill in Politick Managements, made them Ambitious to gain Dominion, and Rule over others: Some united through Fear, or for Convenience, and others were subdu'd by Force; thus from small Beginnings grew up Mighty Empires, who apply'd their whole Power to bring and keep all they could reach, under their own Dominion; by which means the Frame and Constitution of many Kingdoms and Countries came to be altered from their Original Settle­ments. There were yet another sort of Invaders, whose Manner was only to make room for the too Nume­rous Broods of their Off-spring, who did as it were swarm out in huge Multitudes, to take up new Dwel­lings, where they lik'd best; with no intent to erect any United Empire, or to return again to their Native Countries; these destroy'd, drove away, or opprest the Aborigines, or former Inhabitants, where they came, and possess'd themselves of their Ha­bitations. Of this latter sort have been the Ancient Scythians, the Goths, [Page 149] Vandals, Huns, and others of their Descendents, branch'd out into many other Appellations; but these may by no means be said to settle Colo­nies, because they retain'd not any dependance upon their Original Coun­tries, but erected New and Abso­lute Governments upon their own Foundation. Of those that aim'd at the gaining and keeping together of a Mighty Empire and Vast Domini­ons, the Romans were the last, who grew to the greatest heigth, and ex­cell'd all others in Power and Po­licy, and the present Kingdoms and States of Europe retain many of their Notions and Principles of Govern­ment to this day, though in many places with a large Mixture of the Gothick Constitution; but 'tis from them that we have principal'y learn'd the way of Settling and Managing of Colonies, and to their Practice we ought to have recourse in such Mat­ters as relate thereto: And though we are not to expect, that the Circum­stances of other Governments, and latter times, were obliged to follow [Page 150] the Roman Pattern in every parti­cular, yet I believe, upon comparing them it will appear, that few have trac'd it nearer than we did, in the Subduing and Settling of Ireland.

When the Romans had by Con­quest, or any other Means, brought any Country under Subjection to their Government, they then gave the Country the Name of a Roman Province, possess'd themselves of the most Considerable Towns and For­tresses, wherein they plac'd Compe­tent Garrisons, and then withdrew the Body of their Army, appointing a Governour in Chief over them, whom they at any time afterwards recall'd, and sent another at their Pleasure. Did not the English in their subduing Ireland, so far imitate this way of Management, as that the Countrey became united to their Em­pire, in the very Nature of a Roman Province? As the Inhabitants of the Countrey made more or less Resistance against them, the Romans granted them the more or less Liberty, so that they put Considerable Tributes [Page 151] or Services on some, and suffer'd o­thers to enjoy great Franchises and Privileges': In like manner, the Irish making little or no Resistance, had the Laws and Liberties of English­men granted them. This is the Na­ture of a Province, but a Colony is yet another thing: If the Romans lik'd the Province, and saw it con­venient for them, they sent sufficient Numbers of their own People to settle in this Province, divided out such Lands to them as had been gain'd, to cultivate and manure for their own Advantage, and the Pos­session thereof to remain to their Po­sterity; the Exercise of the Roman Laws was granted them, and some­times also they had a Senate allow'd among themselves, who might enact such things as the Circumstances of their own Affairs did require; they and their Posterity always remain'd free Denizons of Rome, and were always protected and defended by her, as long as she had Power to do it; but they were ever obliged to pay an intire Obedience to the [Page 152] pream Decrees of the Senate of Rome, and were subject to be call'd home, if the Romans thought fit to dissolve the Colony. Let the Reader apply this to the Circumstance of Ireland, and consider whether it be not a bet­ter Example in point, than Mr. Moly­neux lately gave us.

I have taken the pains to say thus much on this Head, that if possible I might open the Understandings of Mr. Molyneux and his Admirers, that they may no longer lye under a Mi­stake in this matter: If the Inhabi­tants of Countries and Nations can be made up of no more than these three sorts of People, Aborigines, swarming Invaders, (if I may so call them) or Colonies; (as I think 'tis impossible to find more original Stems, whatever Branches or. Unions there may be). I am sure the English of Ireland won't pretend to be Aborigines there; neither can they reckon them­selves to be upon the same bottom with the Gothick Excursions, for that was quite out of Fashion, and the Practice forgotten, Ages before they were born; [Page 153] all these parts of the World were set­led under Kingdoms and Polite Go­vernments, which with little alterati­on, (I don't say in their Forms of Go­verning, but) by Conquest, or other­wise, except by Unions, continue much the same to this day: They have frequently needed Help, and had been many times destroy'd, or driven quite away, but for the con­stant Protection and Support they have always had from their Mother England; and they have ever receiv'd a Governour, and Directions for all the Principal Managements of their Government from her; these Circum­stances can be no way agreeable to an Original Gothick Settlement; and since there's nothing else left, if Mr. Molyneux won't let them be a Colony of Old England, I see no room for them to take up any where, but in his Notion of the State of Nature, and then there will be need of redu­cing them again to Order as Wild­men. And though I take the Liber­ty to answer Mr. Molyneux after this manner, no Body can imagine that I [Page 154] could think of such a Reflection up­on the Worthy English Gentlemen of Ireland, I am sure they will be much more ready to agree with me in the same thoughts of their Duty to their Mother Countrey, which I have Discours'd in Page 75, and 76.

Mr. Molyneux thinks, p. 149. he hath now answered The only remaining Argu­ments that are sometimes mentioned a­gainst them, and so He proceeds to of­fer what he humbly conceives, demon­strates the Iustice of their Cause; and this takes up about twenty four pa­ges to the end, in which he hath summ'd up his Discouse; much of which is a Repeating over again, What are the Natural Rights and Free­doms of Mankind; That no body can be bound without their own free Consent in Parliament, quoting Mr. Hooker, &c. and telling us again, of the Concessions made to them: But he might have spar'd himself and the Reader this Pains; we value Mr. Hooker, and all the rest that have written upon that Excellent Subject, as much as he; we [Page 155] have maintain'd the People of Ireland in the full Enjoyment of all that could be granted them in the first Consti­tution; they act as freely in their own Parliaments, in matters pertain­ing to themselves, as ever any Body of Men in their Circumstances did in the World; our Parliaments have always shewn that regard to the Le­gislature which they own to be their Right, as that we have rarely med­led with it, and never but upon very extraordinary Occasions, either to help them in the time of their Distress, and when they were not in a Capacity to act for themselves, (as he confesses;) or when the Good of the whole English Empire (of which they are a part) did eminent­ly require it, and which we should have done as effectually if they had sent Representatives to our Parliament, as we have done it without them, and as we do it to Kent and Sussex, in restraining the Owling Trade, not­withstanding they do send Represen­tatives, who cannot hinder, if they Vote against; and to be sure, if they [Page 156] Vote for those Laws, act against the Confent of those that send them; and then why may not they complain of the Infringement of the Rights due to all Mankind, by putting Laws upon them, without their Consent? but Mr. Molyneux may say, they have Representments; what if they don't consent? may not these People then strongly insist, that they are not bound? Yes, sure, if General Notions of Liberty must be swallowed all in a Lump, without distinguishing; but here's a Majority in the Case, and that Obliges; if it be ask'd further, why should a Man be bound by ever so great a Majority, so as to be restrain'd from doing what he will with his own, according to the Liberty inhe­rent in all Mankind, by the Law of Nature? Because he that is not born in the state of Nature, is effectually bound by the Consent of his An­cestors, to submit to the Constitution of his Countrey, and that with us determines that the Majority shall bind. Publick Societies can never be kept together, nor the Good of the [Page 157] whole conserv'd, without some such binding, such Limitations of Free­dom as this; and this is what we have reason to require from the Eng­lish of Ireland, who are certainly a Colony of England, sent thither by us, bred up, cherish'd and protect­ed by us, in the Enjoyment of good Estates and ample Privileges, suffi­cient to preserve the intire Freedom of their Persons and their Proper­ties, in all manner of Liberty and perfect Enjoyment; excepting only, that if they should presume to extend it to such a Latitude, as would be highly injurious and prejudicial to England, and consequently to the whole English Empire, by wounding its Head; whereon also themselves always have, and must relye for assi­stance, so that in whatever they weaken her, they work their own Destruction: And the World will easily judge, that as we have the ut­most of Reason on our sides, so if we are a perfect Government, we must have sufficient Power residing in our Constitution, to act upon all [Page 158] Extraordinary Occasions, whatever we shall find absolutely necessary to our Preservation, even to the binding of all the Members of our Empire, without being oblig'd to ask their Assent.

The rest is little more than dila­ting upon Conclusions, arising from such Premises, which I hope I have sufficiently refuted in my former Dis­course, and therefore I shall meddle no more with it, but to touch upon two Passages: The one is, where he tells us, p. 166. that It is against the King's Prerogative, that the Parliament of England should have any co-ordinate Power with him, to introduce New Laws, or repeal old Laws established in Ireland: But his Argument upon this is either false Printed, or down-right Nonsense, or at least so Confus'd, that I Confess I cann't unravel it, and I'll begg the Reader, if he would see it, to look for it in page 167. for 'tis too long to Transcribe and Comment upon, where any on't is intelligible: But to take it in the gross, 'tis no more than a weak at­tempt [Page 159] to raise a Jealousie, about hurt­ing the King's Prerogative, when yet nothing that he hath offer'd looks like it, but rather shews the King's Prerogative to be less there than in England. I wonder Mr. Molyneux should render himself so ignorant of our Constitution, in magnifying the Negative Vote, which their Parlia­ment hath upon whatever Law is sent to them from the King in his Privy Council, as if that were a high­er Privilege than the English Parlia­ment has; whenas a little Inquiry in­to these Matters would have in­form'd him, that the King can, if he please, bring a Bill into Parliament here, and either House may reject it, if they don't like the Law: But then what Laws he sends to their Parlia­ment, must be first approv'd in the Privy Council here, and doth not that shew that an Authority inferior to our High Court of Parliament, hath a sort of Co-ordinate Power with him in the Legislature of Ire­land? And is it not an evident De­monstration, that the King doth not [Page 160] act any thing in relation to Ireland, upon any distinct Prerogative, as va­rious and differing from what was inherent in the Imperial Crown of England? Nay, is not the King's Pre­rogative exerted in a higher degree, in the manner of his passing an En­glish Law, where he comes into the House of Lords, and exercises in his own Person alone, (and without ta­king the Advice of the Privy Coun­cil of either of his other Kingdoms) one full Third Part of the Legisla­tive Authority, and in Power above one half, as having the Casting Vote, by which he can deny against the other two Estates? And when he thus passes any Law, affecting Ire­land, can any thing be more absurd, than to suggest, p. 167. That he thereby suffers a precious Iewel of his Crown to be handled roughly?

The last Passage I shall observe, p. 172. is his Parting-blow, the last three Pages, wherein he Cautions us two or three times over, how Vnsafe it may be for us to assume a Iurisdiction, whereby the Lords and People of Ire­land [Page 161] may think themselves ill used, their Rights and Li [...]erties invaded and taken away, and they may be driven into Dis­content; from whence he hints, there may be ill Consequences: We may easi­ly see his Meaning to be a Menace, and though there may be some few of them as inconsiderate as he is, yet we have a better Opinion of the Body of the English Protestants there, than to believe that they will ever give us Occasion to think, that we have need of Exercising severe Methods, to keep them in their due Obedience; Nay, had we the least doubt of this, it would behoove us not to suffer any Gentleman, who hath an Estate in Ireland, to bear any Command in our Army there, 'till he had given us the utmost Assurance that he was not tainted with Mr. Molyneux's Opi­nions. However, let me tell him, that a Supream Authority ought not to be set upon at the Rate he does.

And now I will take leave to shew the Lords and Gentlemen of Ireland, some of the ill Consequences that [Page 162] may attend them, if Mr. Molyneux's Positions should gain an intire Cre­dit.

First, If the Parliament of England should be perswaded, that they ought to look upon Ireland as a Distinct, Separate and Absolute Kingdom, with which they have nothing to do; they might not think it unreasonable for them, to demand a speedy payment of all the Expences England hath been at, in the many Assistances which they have given them; and if they shall refuse to pay it, whether it may not be just to recover our own from any Neighbour Nation by Force, if we shall think our selves able to do it?

Secondly, If the Kingdom of Ireland belongs to the King as his own Pro­priety, distinct from the Kingdom of England; if the Irish should at any time hereafter believe that the King of England could not be able to pro­tect his Potestant Subjects there, with­out the Assistance of Men and Money f [...]om his English Parliament, and should thereupon make another At­tempt [Page 163] to drive them out, and seize their E [...]tates; whether the Parliament of England would think themselves oblig'd to be at any further Expence, to protect a People with whom they had nothing to do, and who had shewn so little Gratitude for what had been done for them former­ly.

Thirdly, If Ireland be such an Ab­solute, Independent Kingdom, by virtue of the Conce [...]ions formerly granted to them by England, those Concessions were made to the Na­tive Irish and Old English settled there; all that Mr. Molyneux hath argued is intirely their Case, and they alone have Right to be considered, and treat­ed with as the Body of that Kingdom; but the Modern English Protestants can have no Interest in these Anci­ent Grants; they are still our own People, went thither with our leave, and may not stay there without our permission; if then the Governme [...]t of England should think fit to recall them, (as they may those that are in France, Holland, &c.) Whether the Irish [Page 164] Papists could either have Will or Pow­er to protect or keep them from us?

And now as I have been neces­sitated upon several former Occasions, to shew that Mr. Molyneux hath start­ed many things, that may be made use of to the Disadvantage of the English of Ireland; so I think, I have also demonstrated, that upon the fore­going Considerations, his Notions, if they should be thought reasonable, so far as to obtain upon the Parlia­ment of England, to believe that they ought to quit all manner of Preten­sions of their Superiority over Ireland, as amply as he desires; the Conse­quence must draw immediate De­struction and Ruine upon them; which I should think might sufficiently con­vince the Gentlemen of Ireland, that Mr. Molyneux hath not deserv'd well of them in writing this Book: And I hope they will think, that I have employ'd my time much more to their Advantage, if it may convince any that have been lead into his Mi­stakes, that 'tis the true Interest of the Protestants of Ireland, to remain [Page 165] constant and firm in their Loyalty and Obedience to the King and Kingdom of England, and to esteem it their great Happiness, that they a [...]e an­next in so easie a Subordination, to a Kingdom that is so well able to protect them, and hath requir'd so little from them; and never more to think that their being restrain'd from interfering with us in our principal Trade, can be too great a Re [...]ibu­tion for the many Benefits and fre­quent Preservations which they have receiv'd from us, especially since they are in much easier Circumstances than the People of England to live without it; whereas the Robbing Eng­land of it, must inevitably introd [...]ce a Decay of her Riches and Power, and render her incapable to give I [...]e­lind that large Assistance that she may pos [...]ibly at some time or other need again. England hath been, and must still continue to be at a mighty Ex­pence to maintain her Navies, and the Civil List, from all which they receive the Benefit of being protected in their Estates and Trade, with­out [Page 166] being hitherto ask'd to pay one penny towards it, so that they may clearly see, that 'twill be much easier for them to continue in such a Sub­ordination, than to aspire to the Dig­nity of an Independent Kingdom, which they cannot be able to sup­po [...].

I have now done with Mr. Moly­neux's Book, and since I have taken so much pains with it, I hope I may be permitted to give it such a Character at parting, as I think to be in a most peculiar manner agreeable to it: 'Tis an abundance of Well chosen Words, and Fine Rhetorical Turns to prove nothing; 'tis a multitude of Argu­guments and Authorities, brought together to confute its own Author; and 'tis a promulgating of such in­considerate Notions, as would ruine and undo the People, for whom it un­dertakes to be a Zealous Advocate.

If it should be thought by some, that I have been too sharp in some Expressions, there are yet others, whose Judgment I have taken, that are of the Opinion, that so In [...]olent [Page 167] an Argument merits no less; and I think such a Discourse cannot well be treated with that Coolness and Indifference, which might become a Modest Controversie: Subjects that so rashly undertake to disturb the Minds of People, and assail the Au­thority of a powerful Kingdom, in matters of so high a Nature, deserve at least to suffer such a Correction, that others may be deterr'd from the like Bold Attempts; let it be remem­bered, that Salmasius was lash'd to Death by a Pen, provok'd in (what in those times he thought) the Cause of his Country, and Mr. Molyneux may be thankful, that we have no Mil [...]on living to handle him. I am a perfect S [...]ranger to the Gen [...]leman, and can have no personal Disrespect for him; and if he'll give me leave to distinguish, as nicely as he does between the King and the Kingdom, 'tis his Book, not him that I would expose; after all, if in regard to his Person, I do with the lowest Sub­mission ask his Pardon in the End, I hope I shall come off with as good [Page 168] Manners, as he does with the [...] of England, in [...]asking theirs in the Beginning of his Dis­course.

Last of all, to r [...]flect a little up­on my self, I ought to ask Pardon of the World for what Mistakes I may have committed; for I cannot think so well of my self, but that some may have slipt my own Observati­on: Reading hath not been my Bu­siness, and therefore it may seem somewhat strange, that I should have undertaken to deal with a Book that prof [...]ses so much; I was resolv'd therefore to handle it in such a way wherein I might be most safe. There was inde [...]d room enough for me to shew, from undenyable Authorities, that Mr. Molyneux hath very extra▪ vagantly err'd and fallen short, in his Representation of this Matter; for there are many English Acts of Parliam [...]nt extant, which prove, that as well in ancient times, as since Poyning's Law, the constant practice of England hath been to make Laws binding upon Ireland, as oft [...] as they [Page 169] saw fit; whereof he hath tak [...] [...] manner of Notice; which must con­clude him either to have dealt very disingeniously, or what will no less reflect upon him, that he was too igno [...]ant in Matters of Fact, for so considerable an Attempt: But this part being undertaken by a much able [...] Pen, I was resolv'd to let all that alone, and meddle with no Au­tho [...]ities but what Mr. Molyneux hath produc'd; and as far as possible to admit of his own Arguments, and only endeavour to turn the Reason, which Naturally flows from them, against him. Can there be a fairer Opposition, than to fight a Man at his own Weapons? I have indeed he [...]e and there, as Occasion hath re­quired, asserted some things that may have occurr'd to me, through that small stock of Reading or Conver­sation that hath fallen to my share; and [...]f my Memory don't serve m [...] so well as to be able to prove them out of Authors, I don't think 'twill be thought any great Fault; it may be sufficient for [...]e to say, that they [Page 170] are become Principles to me; and I think them so conspicuous, that the reasonable part of Mankind don't disagree about them: Besides, I was [...]esolv'd to have a Care of Mr. Mo­lyneux's Failing, least I should chance to quo [...]e any Authorities which might with more advantage be used against me. I had never medled in this Matter, but that I saw Mr. Molyneux was so egregiously out in it, as that a Man of indifferent Reasoning might undertake it, and 'twas that part only that I was willing to attempt: Neither did I resolve to go on with it, when I was told that a very Learned Gentleman had an Answer in Hand, 'till shewing what I had written to some Gentlemen of bet­ter Judgments than my own, I was encourag'd by them to go through in the way I had begun, because they believ'd Mr. Attwood would princi­pally handle the Learned part, and mine might also have its Service. How meanly soever I have been able to perform it, I am sure it will ap­pear that my Intentions were right, [Page 171] and I need no more to recommend me to the Charitable part of Man­kind, and he that is afraid of the rest, ought of all things in the World▪ to forbear Writing in this Critical Age.