by Edward I. It’s conſtitution was new-modelled, and put upon an Engliſh footing by a charter of king James I: and all it’s liberties, franchiſes, and cuſtoms, were confirmed in parliament by the ſtatutes 22 Edw. IV. c. 8. and 2 Jac. I. c. 28. Though therefore it hath ſome local peculiarities, derived from the antient laws of Scotland[1], yet it is clearly part of the realm of England, being repreſented by burgeſſes in the houſe of commons, and bound by all acts of the Britiſh parliament, whether ſpecially named or otherwiſe. And therefore it was (perhaps ſuperfluouſly) declared by ſtatute 20 Geo. II. c. 42. that, where England only is mentioned in any act of parliament, the ſame notwithſtanding hath and ſhall be deemed to comprehend the dominion of Wales and town of Berwick upon Tweed. And, though certain of the king’s writs or proceſſes of the courts of Weſtminſter do not uſually run into Berwick, any more than the principality of Wales, yet it hath been ſolemnly adjudged[2] that all prerogative writs (as thoſe of mandamus, prohibition, habeas corpus, certiorari, &c,) may iſſue to Berwick as well as to every other of the dominions of the crown of England, and that indictments and other local matters ariſing in the town of Berwick may be tried by a jury of the county of Northumberland.
As to Ireland, that is ſtill a diſtinct kingdom; though a dependent, ſubordinate kingdom. It was only entitled the dominion or lordſhip of Ireland[3], 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
- ↑ Hale. Hiſt. C. L. 183. 1 Sid. 382. 462. 2 Show. 365.
- ↑ Cro. Jac. 543. 2 Roll. Abr. 292. Stat. 11 Geo. I. c. 4. 4 Burr. 834.
- ↑ Stat. Hiberniae. 14 Hen. III.
