Page:The English Reports v77 1907.pdf/414

33. b. 19 H. 6. 2 E. 4. 1. a. b. 39 H. 6. 39 a. 21 E. 4. 18 a. 28 H. 6. 3 b. By all which it is manifest, that Calais being parcel of France was under the actual obedience and commandment of the King, and by consequent those that were born there were natural-born subjects, and no aliens. Calais from the reign of King Edward 3. until the fifth year of Queen Mary, remained under the actual obedience of the King of England. [22 b] Guines also, another part of France, was under the like obedience to King Henry the Sixth, as appeareth by 31 H. 6. fol. 4. Tournay was under the obedience of Henry the Eighth, as it appeareth by 5 El. Dyer, fol. 224; for there it is resolved, that a bastard born at Tournay, whilst it was under the obedience of Henry the Eighth, was a natural subject, as an issue born within this realm by aliens. If then those that were born at Tournay, Calais, &c. whilst they were under the obedience of the King, were natural subjects, and no aliens, it followeth, that when the Kingdom of France (whereof those were parcels) was under the King's obedience, that those that were then born there were natural subjects and no aliens.

Next followeth Ireland,^[1] which originally came to the Kings of England by conquest but who was the first conqueror thereof, bath been a question. I have seen a charter made by King Edgar in these words:

Ego Edgarus Anglorum Βασιλευς, omniumque insularum oceani, quæ Britanniam circumjacent, Imperator et Dominus, gratias ago ipsi Deo omnipotenti Regi meo, qui meum imperium ampliavit et exaltavit super regnum patrum meorum, &c. mihi concessit propitia divinitas, cum Anglorum imperio omnia regna insulurum oceani, et cum suis ferocissimis Regibus usque Norvegiam, maximamque partem Hibern', cum suâ noblissimâ civitate de Dublina, Anglorum regno subjugare, quapropter et ego Christi gloriam et laudem in regno meo exaltare, et ejus servitium amplificare devotus disposui, &c.

Yet for that it was wholly conquered in the reign of Henry the Second the honour of the conquest of Ireland is attributed to him, and his style was, Rex Angl' Dominus Hilern' Dux Normann' Dux Acquittan' et Comes Andegav', King of England, Lord of Ireland, Duke of Normandy, Duke of Aquitain, and Earl of Anjou.^[2] That Ireland is a dominion separate and divided from England, it is evident from our books, 20 H. 6. 8. Sir John Pilkintgon's case. 32 H. 6. 25. 20 Eliz. Dyer 360. Plow. Com. 360. And 2 R. 3. 12 a. Hibernia habet Parliamentum, et faciunt leges, et nostra statuta non ligant eos, quia non mittunt milites ad Parliamentum (which is to be understood, unless they be especially named) sed personæ eorum sunt subjecti Regis, sicut inhabitantes in Calesiâ, Gasconiâ, et Guyan. Wherein it is to be observed, that the Irishman (as to subjection) is compared to men born in Calais, Gascoin, and Guienne. Concerning their laws, ex rotulis potentium de anno 11 Regis H. 3. there is a charter which that King made, beginning in these words,

Rex, &c., Baronibus, militibus, et omnibus libere tenentibus L. salutem, satis ut credimus [23 a] vestra audivit discretio, quod quando bonæ memoriæ^[3] Johannes quondam Rex Angl' pater noster venit in Hiberniam ipse durit secum viros discretos et legis peritos, quorum communi consilio et ad instantiam Hibernensium statuit et precepit leges Anglicanas in Hibern' ita quod leges easdem in scripturas redactas reliquit sub sigillo suo ad Scaccarium Dublin'.

So as now the laws of England became the proper laws of Ireland; and therefore, because they have Parliaments holden there whereat they have made divers particular laws concerning that dominion, as it appeareth in 20 H. 6. 8. & 20 El. Dyer 360.^[4] and for that they retain unto this day divers of their ancient customs, the book in 20 H. 6. 8. holdeth, that Ireland is governed by laws and customs, separate and diverse from the laws of England. A voyage royal may be made into Ireland. Vide 11 H. 4. 7. a.^[5] & 7 E. 4. 27. a.^[6] which proveth it a distinct dominion. And in anno 33 Reg. El. it was resolved by all the Judges of England in the case of O'Rurke^[7] an Irishman, who