'The Case of the Parliament of Ireland' Isaac Newton c. 1,219 words The Newton Project Oxford 2017 Newton Project, University of Oxford

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 c. 1701, c. 1,219 words.

[Makes repeated reference to 'Molyn.', ie. William Molyneux, The Case of Ireland's being bound by Acts of Parliament in England, stated (Dublin, 1698), which appears to be the source of most of the historical detail, though Newton's conclusion is diametrically opposite to Molyneux's.]

Summary history of English rule in Ireland since its conquest by Henry II in November 1172. The English legal system was introduced under King John. The origin of the Irish Parliament is disputed, but in any case it derives its authority from the English and so is subordinate to it: acts passed in England are of force in Ireland whether ratified by the Irish Parliament or not. Since the reign of Henry VII, the Irish Parliament has periodically attempted to overturn English legislation but has no legal right to do so, since 'it lies in the breast of an English Parliam[en]t to interpret & declare the meaning extent & force of all the Irish Laws not excepting those by wch they claim any power to them selves'.

 MINT 19/3/456-7, National Archives, Kew, Richmond, Surrey, UK UKSurreyKew, RichmondNational Archives MINT 19/3/456-7 c. 1701 England English Latin Holograph MintOverseas Mints and Coinage Catalogue information compiled by Rob Iliffe, Peter Spargo & John Young Catalogue exported to teiHeader by Michael Hawkins Transcribed by Will Scott
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The Case of the Parliament of Ireland.

Till the reign of Henry II Ireland was divided amongst many Kings & Lords without any common ParliamtParliament,. onThen one of those Kings vizt Dermot Prince of Leinster, being beaten by his neighbours obteined succours of some English Lords by yethe consent of King Henry II who was then busied in Aquitain, & by their assistance recovered his territories. And a little after vizt in November 1172 K.King Henry goingwent into Ireland with an Army, & the Kings Lords & Prelates of Ireland being terrified by the late successes of the English arms submitted & swareswear fealty & homage to the King & confirmed the kingdome of Ireland to him & his Heirs by Letters with seales pendent after the manner of Charters. And thereupon the King convening the Irish at Lismore caused them to receive the Laws of England & to swear to be governed thereby, & in like manner calling a Council of the Irish Clergy at Cashal he made them promis conformity to the English Church, & in April following vizt 1173 returned into England. Molyn. p. 6, 7, 9, 9, 10, 11, 12, 28, 36, 37.

About five years after in a Parliament held at Oxford the King created his younger son IJohn then 12 years old, Lord of Ireland & at his death left the Kingdom of England to his elder son Richard I but by the death of Richard & succession of IJohn the Lordship of Ireland became again united to the Crown of England, Mol. p. 39, 40 & hath ever since continued so. Mol. p. 39, 40, 43.

King IJohn about the 12th year of his reign over England vizt Iun 28 1210 went into Ireland & the Irish Princes being affrighted did him homage & fealty & he granted & enjoyned them the English Laws & Customes by a Charter or Statute under his Seale swearing them thereunto & placing Sheriffs & other Ministers who might judge the Irish according to those Laws. Whence they have to this day Courts of Chancery, Kings Bench, Commons Please & ExcheqrExchequer as in England. Afterwards Henry III the son & successor of K.King IJohn in the 12t year of his reign sent a Mandate to Richard de Burgh then Iustice of Ireland to convene the Irish & cause to be read to them the Charter or Statute wchwhich his Father K.King IJohn had ordeined & caused them swear unto concerning the Laws & Customes of England to be observed in Ireland & that he should cause the Irish firmly to receive & keep the said Laws & Customs & the same to be proclaimed & obeyed in every County of Ireland forbidding in the Kings name that no man prese to act contrary to this his Mandate. Mol. p. 44, 52. The words of the Mandate run thus. Rex Dilector et Fideli suo Richardo de Bugo Iustic' suo Hibern. salutem. Mandamus vo firmiter præcipientes quatenus certo die et loco faciatis venire coram vacis Archiepiscopes Episcos Abbates Priores Comites Barones & Barones Milites & libere Tenentes & Balivos singuloriam Comitatum & coram eis publice legi faciatis Chartam Dominii Ioænnis Regis PAtris nostri cui sigillum suum apppensum est quam fieri fecit & jurari a Magnatibus Hiberniæ de Legibus & Consurtudinib' Angliæ observandis in Hibernia. Et præcipiatis eis ex parte nostra quod Leges illas & Consuetudines in Charta prædicta contentas de cætero firmiter teneant & observent & hoc idem per singulos Comitatus Hiberniæ clamari faciatis & teneri prohibentes ex parte nostra & super foris facturam nostram nequis contra ho Mandatum nostrum venire præsumat &c Teste meipso apud Westm' 8 die Majj An. Regn. nostri 12. Mol. p. 53.

Thus did the Kings of England in these Reigns by their absolute & sole authority as Conquerors impose Laws on Ireland even without a ParliamtParliament, the Irish hitherto assembling not to make laws but to submit & swear to the laws on them by the Kings command. And therefore the present Irish Parliament is of no further authority then what it derives from the grant of the Crown of England & by consequence of no authority against an Act of an English Parliament.

Some would derive the ParliamtParliament of Ireland from a Grant of Hen. II called Modus tenendi Parliamentum, but this is of suspected authority. King IJohn & Henry III seem the first who granted Charters & Privileges to Ireland. Edward I neare the beginning of his reign summoned them by Writs to the Parliament of England & these summons continued till towards yethe end of yethe reign of Edward III or longer. p. 95, 96, 97. Whence the Lordship of Ireland was as much annexed & united by law to the crown & Kingdom of England as Irela the Principality of Wales is at present. For Ireland is so firmly annexed to the crown of England (even by Acts of ParliamtParliament of both nations & particularly by Poynings Act) that whoever is King of England is ipso facto Lord or King of Ireland p 43, 454, 127. Whence Acts of an English ParliamtParliament for setling the succession to the crown are of force in Ireland without the authority of an Irish ParliamtParliament & an Irish Act of settlement can be no more then declarative for publishing & putting in execution the Law of England & must derive its authority from that Law. And for the same reason an English Parliament has power to impose laws on Ireland for preventing or suppressing rebellions & conserving the possession of Ireland to this cCrown.

When the Irish had seen the manner of Parliaments in England the King began to summon them at home, & Edward III granted them Councils & Parliaments by his Letters Patents confirmed afterward by by Rich II, p. 161, 162, 163. These ParliamtsParliaments examined the English statutes not yet imposed on the Kingdom by Royal authority & by degrees received them all till the 10th year of Henry VII p. 64, 68, 69. At wchwhich time their Parliaments by Poynings Act gaining a negative voice to yethe Kings broad seal457 seal (p. 160, 161, 166, 167)) they began to make their private Statutes wthwith less regard to ours, & in the next reign aspired from yethe title of a Lordship to that of a kingdoom.

However, in memory of their ancient subjection to our laws, their Courts of Iustice remain to this day subordinate to orours. For a writ of error still lies from yethe Kings Bench of Ireland to the Kings Bench of England & there by yethe Iudges of orour Kings Bench are Interpreters of all the Irish Laws. For we are to judge them by their own Laws whether those Laws were received from us or made originally in their own Parliament. And since Aa writ of Error lies from orour Kings Bench to orour House of Lords, this House & much more the King & both Houses together are Interpreters of all the Irish Laws p 71, 87, 88, 130, 131, 132, 133, 134, 135, 136, 139. So then it lies in the breast of an English ParliamtParliament to interpret & declare the meaning extent & force of all the Irish Laws not excepting those by wchwhich they claim any power to themselves.