o the crown of England
ever since the conquest of it in the reign of Edward IV, is not part
of the kingdom of England, nor subject to the common law; though it is
subject to all acts of parliament, being represented by burgesses
therein. And therefore it was declared by statute 20 Geo. II. c. 42.
that where England only is mentioned in any act of parliament, the
same notwithstanding shall be deemed to comprehend the dominion of
Wales, and town of Berwick upon Tweed. But the general law there used
is the Scots law, and the ordinary process of the courts of
Westminster-hall is there of no authority[e].
[Footnote e: 1 Sid. 382. 2 Show. 365.]
AS to Ireland, that is still a distinct kingdom; though a dependent,
subordinate kingdom. It was only entitled the dominion or lordship of
Ireland[f], and the king's stile was no other than _dominus
Hiberniae_, lord of Ireland, till the thirty third year of king Henry
the eighth; when he assumed the title of king, which is recognized by
act of parliament 35 Hen. VIII. c. 3. But, as Scotland and England are
now one and the same kingdom, and yet differ in their municipal laws;
so England and Ireland are, on the other hand, distinct kingdoms, and
yet in general agree in their laws. The inhabitants of Ireland are,
for the most part, descended from the English, who planted it as a
kind of colony, after the conquest of it by king Henry the second, at
which time they carried over the English laws along with them. And as
Ireland, thus conquered, planted, and governed, still continues in a
state of dependence, it must necessarily conform to, and be obliged by
such laws as the superior state thinks proper to prescribe.
[Footnote f: _Stat. Hiberniae._ 14 Hen. III.]
AT the time of this conquest the Irish were governed by what they
called the Brehon law, so stiled from the Irish name of judges, who
were denominated Brehons[g]. But king John in the twelfth year of his
reign went into Ireland, and carried over with him many able sages of
the law; and there by his letters patent, in right of the dominion of
conquest, is said to have ordained and established that Ireland should
be governed by the laws of England[h]: which letters patent sir Edward
Coke[i] apprehends to have been there confirmed in parliament. But to
this ordinance many of the Irish were averse to conform, and still
stuck to their Brehon law: so that both Henry the third[k] and Edward
the first[l] were obliged to renew the injun
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