had broke a Law made by him, was condemned, and upon the Gibber, yet asking
the benefit of his Peers, or to be tryed by a Jury, did not execute him, least he should in-our
displeasure, so tender was he of the Liberty of the Subject, yet when fighting against
the Scots, to whom he was bound in no such obligation, they having made inroads
into England, and killed many, he shewed them neither Law nor mercie, but
punished them according to their merit.
The third Querie is: Whether God and Nature having given a people and Nation
possession of Lands, and some other Prince or people should invade and conquer
them, deprive them of their Lands, impose Laws, Government, Officers, &c. without
and against their consent, it be any other then robbery in the Invaders, and the just
right of the invaded and conquered to cut off their enemies to procure their own freedom
and inheritance again.
The Answer is: If a people plant where they finde none that claim, that God and nature
hath given, if there be no just ground for invasion, and so conquest, the Query is
good, but what is this to those that are to goe for Irelmd? How doth it appear that the
first attempt of the English against Ireland was not grounded upon wrongs done by
them, in Ireland to the English. 2 If a people be conquered, yea, unjustly, if after
they shall be content to make up a bad bargain with the Conquerour after a long striving
to get out, with consumption of the lives and of estates of many or most, is not
this contract binding, hath it not been so in Ireland with the English? Was it not so
with the Conqueror by the English? may not two goe to Law so long, that one of them
may consume in Law, and be justly enjoyn'd to pay what he had left him by his fore-fathers,
and got himselfe? What is the claim of God and Nature to the Irish, who
have killed their neighbours, tenants their wives and children, and driven them from
their possessions, who seeke helpe of England, which help may in reason, not onely restore
them, but pay the charge of England in doing of it, and that all the Rebels
Lands will hardly doe, for the Conquerors being robbers, and the Conquered cutting
them off, it's first provided they have given no just cause of invasion, nor they, nor
their forefathers made any collaterall agreement.
The fourth Quere is Whether length or time, where the Originall Nation is distinct,
doth swallow up the right of the conquered?
Answer, The distinctnesse is not because different in Language or Place, who
knows but that English were the first planters in Ireland, as for time cutting off the
right of the conquered; it doth not, but officer or accords may, and yet the Law of
this Land, and of Ireland, seems reasonable, and is so, That 60 years quiet possession,
bars claims more ancient.
6 Quere, How can the conquered be accounted Rebels, it at any time they seeke to
free themselves, and recover their own.
Answer, When they instead of petitioning, or legally endeavouring to get their
own (which hought fi[unr]st to be done) shall fall upon those who have not taken away
any thing of theirs kill destroy, root them out of their dwellings and estates; and being
required by Authority, by them formerly ackonwledged to lay down arms, and desist
such cruelties, shall not doe it, but persist.
6 Quere, Whether Julius Cafar, Alexander the Great; William Duke of Normandy,
or any other great Conquerors of the world were any other then Great Lawlesse
theeves and whether it be not as unjust to take Laws and liberties from out neighbours,
as to take goods one from another of the same Nation.
Answer, It those great Conquerors had no just ground of War they were, and to
take liberties or lands from any to which they have a good claim is unjust; but what's