Imatges de pàgina
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chan insensible of its blessings. The Irish legisla- 1898, ture was called upon to surrender and renounce those very rights, which the English parliament had so gloriously asserted. Mr. Molyneux, one of the members for the university of Dublin, was the most forward in the cause of Irish patriotism. In 1698, he published his famous book, intituled The Cause of Iretand's being bound by Acts of Parliament in England stated, which greatly encreased his reputation, influence, and popularity, within and without the parlia. ment of Ireland.

This book was written in a strain of independent General discussion and spirited assertion, to which Ireland had of Mr. Mohitherto been a stranger. The author considered how book.

lyneux's Ireland originally became annexed to the crown of England; how far this connection was founded in conquest; what were the true and lawful rights of the conquerors over the conquered ; and whether those rights, whatever they might be, extended to posterity indefinitely; particularly, what concessions had been made to Ireland ; and what were the opinions of the learned, who had handled the subject. He closed with strong inferences in support of the perfect and reciprocal independence of each kingdom. * The English House of Commons took up the Conduct of

the English gauntlet with a high hands a committee was appointed parliament to examine Mr. Molyneux’s book, and to report such neur's book

upon Molypassages as they should find denying the authority of the parliament of England, and also what proceed

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* Speech of the Earl of Clare, p. 23.

1698. ings had taken place in Ireland, that might have occasioned the said pamphlet. On the 22d of June, 1698, the committee reported the obnoxious passages, and stated, that on enquiry into the proceedings in Ireland, which might have occasioned the pamphlet, they found in a bill transmitted under the great seal of Ireland, during the late parliament there, intituled, "A bill for the better security of her Majesty's person and govern ment," that the whole of an act passed in England for abrogating the oath of supremacy in Ireland, and ap-. pointing other oaths, had been re-enacted with some alterations; and that in the same bill, the crown of Ireland was stiled the imperial crown of Ireland. Upon this report, the House resolved, nemine contradicente, "that the book published by Mr. Molyneux was of dangerous tendency to the crown and people of Eng land, by denying the authority of the King and parliament of England to bind the kingdom and people of Ireland, and the subordination and dependance that Ireland had and ought to have upon England as being united and annexed to the imperial crown of England." They resolved also," that the bill lately transmitted from Ireland, whereby an act of parliament made in England expressly to bind Ireland is pretended to be re-enacted, had given occasion and en, couragement to forming and publishing the dangerous positions contained in the said book.". The house in a body presented an address to the King, enlarging in terms of great indignation on the book and its pernicious assertions, and on the dangerous tendency of the proceedings of the Irish parliament; beseech,

ing his Majesty "to exert his royal prudence to prevent 1698. their being drawn into example, and to take all necessary care, that the laws, which directed and restrained the parliament of Ireland in their actings, should not be evaded;" and concluding with an assurance of their ready concurrence and assistance in a parliamentary way, to preserve and maintain the dependance and subordination of Ireland to the Imperial crown of England. The King answered, "that he would take care, that what was complained of should be prevented and redressed as the Commons desired," Thus were the parliaments of the two countries at issue.

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It has been the fate of Ireland to experience more Overber harshness from the English government, than any other of the Eigpart of the British empire: on none has the hand of ment tothe conqueror pressed so heavily. The inflexible ad- land. herence of the Irish to their old religion has been generally, not without some reason, assigned as the cause of it. Yet singular it is, that under a sovereign, who was called over by the nation as the assertor and protector of their rights and liberties, and under the first Irish parliament, which consisted purely of protestant members, the absolute paramount sovereignty of England was more loftily claimed and sternly exerted, than at any subsequent period. The laws, by which the English legislature prohibited the exportation of wool and woollen manufactures from Ireland, upon pain of confiscation, imprisonment, and trans portation, and by which no acquittal in that kingdom any offence against these statutes was allowed

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to be pleaded in bar of any indictment upon them
within the kingdom of England, were considered as
grievous usurpations upon the independent constitu-
tional * rights of Ireland. The English parliament's
interference also with the Irish forfeitures created a
new and most inveterate ground of jealousy and ran-
cour between the two legislatures.

Although William had been called to the British
throne for the avowed purpose of protecting the civil
rights and liberties of the nation,yet no monarch was ever
more thwarted by his parliament in his views and inclína.
tions towards his subjects. It might be unfair to charge
him with the odium of several public measures, whịch
the violence of party compelled him to yield to.

The strong measure of withholding the royal assent from bills, that had passed the two Houses of Parliament, could not be expected from William, who so pecu•. liarly held his crown by parliamentary tenure. On no occasion were his feelings so severely wounded by the imperious ascendancy of his English parliament, as on passing the act for resuming the forfeited estates in Ireland. William had exercised his discretion in making grants of the forfeited lands in Ireland to several, who had either deserved well of their country

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* It evidently contradicts the first principles of our constitutional jurisprudence, that a free subject, after having been tried upon a penal staʻute in his own country, and acquitted, should be dragged to a foreign land, to undergo a second trial for the same offence, without the advantage of a jury of his countrymen and peers, and probably without witnesses for his defence, or resources for his support.

or had acquired interest at court. The commons of 1699. England were jealous of the King's favours, and charged his Majesty with the breach of promise, that he would not grant away any of those lands, but permit them to be sold for the use of the public, in order to clear the heavy expenses of the late war. They accordingly resolved to set aside the seventy-six grants he had made.

By act of the English parliament*, a commission of Parliamentseven persons was instituted to enquire into the value mission for

enquiring of the forfeited estates, which had been disposed of, into the vaand into the reasons upon which they had been forfei.ed esalienated from the public. There certainly was some personal resentment against the King, in instituting this scrutiny into the grounds of the royal grants. The interference of the English parliament with these concerns of Ireland was unwarrantable, whilst Ireland had an independent parliament of it's own. The English parliament assuming a general tutelary power

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* 11 and 13 Gul. III. c, 2. An Act for granting an Aid to his Majesty, by sale of the forfeited and other Estates and Interests in Ireland, &c. This was a legislative reprimand to the Sovereign, who had already, by virtue of his prerogative, actually disposed of the whole or the greater part of the forfeitures according to his own discretion in the 76 grants, which were thus violently resumed, The preamble of the act, after treating the conduct of the Irish, in obeying and serving King James, who in person summoned them to their allegiance, as so many acts of treason, concludes in this inference, unjust to the Irish and ungracious to William. “Whereas it is highly reasonable, that the estates of such rebels and traitors should be applied in ease of your Majesty's faithful subjects of this kingdom, to the use of the public."

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