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B04178 The Lord Bishop of Londonderry's case: with some reasons humbly offered to the consideration of the Lords in England, to induce their lordships not to take cognizance of an appeal lately brought before them by the Society of Assistants in London for Ulster in Ireland, against an order of the House of Lords in Ireland, made the last sessions of Parliament there. Sloane, James.; Annesley, Francis, fl. 1707.; England and Wales. Parliament. House of Lords. 1698 (1698) Wing L3041; ESTC R180058 6,739 4

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novo sigillo Regis Mandatum est Archiepiscopis c. Quod propace tranquilitate ejusdem terrae per easdem leges eos Regi deduci permittant eos in omnibus sequantur In cujus c. Teste Rege apud Wudstock 19. die Septembris Pryn's Anim. 286. 29. Ed. 3. King Edward the IIId in the 29th Year of his Reign by Advice of his Council made an Ordinance Reciting That whereas many of the Kingdom of Ireland by reason of their great labour charge and expence in coming for England to be redressed and to seek for Justice have been reduced to great misery and want and wholly ruined which the said King and Council taking into Consideration for the quiet and good Government of the people of Ireland Ordained that in all Cases whatsoever Errors in Judgment in Records and Process in the Courts of Ireland shall be corrected and amended in Parliament in Ireland Co. 4 Inst 12. Selden 's Titles of Honour part 2. cap. 5. sect 26. The Modus tenendi Parliamentum Was Exemplified and sent over by H. the IId the same in words with that in England and in the end of it it is said that things in Ireland may be examined and corrected in pleno Parliamento non alibi and my Lord Cook mentions the words of the old Record Terra Hiberniae intra se habet Parliamentum omnes omnimodas curias prout in Anglia idem Parliamentum facit leges mutat leges illi de eadem terra non obligantur per Statut in Anglia quia hii non habent milites Parliamenti and my Lord Cook mentions another old Roll of Parliament Rot. Pat. 10. Ed. 2. Co. 4. Inst 350. De Parliamentis tenendis singulis Annis in Hibernia which was likewise the old Law of England but till the Dissolution of the Parliament there in 1665. this Law by frefrequent Parliaments were more duly observed there than in England St Hib. 10. H. 7. cap. 22. And there they have from time to time made their own Laws and in the Tenth H. 7th by one Act made all the Statutes of England of force there which includes as well the Statutes relating to the Rights of Parliament as other Statutes And since that time they have by particular Acts there Re-enacted such subsequent Acts of England as they thought good for them And if the Lords should take Cognizance of such Appeals the same inconveniences and vexations would attend the poor People there which induced the Parliament to take away the High Commission Court here for that it brought People from the remote parts of the Kingdom before them whereas they might with less trouble and expence have had Justice in their Courts at home It likewise agrees with the Reasons of the Two Ancient Statute of England mentioned by my Lord Cook in the Third of R. Second Co. 4. Inst 356. Rot. Pat. 3 R 2. nu 42. That Persons having Estates in Ireland should reside there else half of their Estates to go to maintain the Forts against the Irish And it was the great mischief of Ancient times in England that People were carried out of the Kingdom by Appeal to Rome and poor People not able to follow them thereby utterly undone and should the Lords of England at this day inquire into Mischiefs and Inconveniences if your Lordships hear this Appeal and unsettle things done by the Lords there besides the endless trouble to their Lordships the vexations and expence to the People it would be of infinite mischief and disturbance to most of the Titles and Families who are now there in peace and acquiesce on what has been done there and if your Lordships take Cognizane of this you may by the same reason take Cognizance of all other Things Orders and Proceedings whatsoever there The Exercise of the Jurisdiction of the Parliament in Ireland both of Ancient and later times appeareth to be as in England by their taking Cognizance of Impeachments Writs of Error and Appeals Some instances whereof are hereunto annexed though many of the Records and Journals of the Parliament of that Kingdom have been by the many Troubles and Rebellions there burnt and destroy'd yet it doth appear That the Lords there have from time to time exerted their Jurisdiction as aforesaid and all their Orders and Judgments have till now stood firm and that they have as near as they could from time to time in their Rules and Methods of Justice and Proceedings followed the Presidents that Your Lordships and Your Noble Ancestors made here Obj. 1 It is Objected That a Writ of Error lies to the King's-Bench in England from the King's-Bench in Ireland And it is so but then that has had a constant allowed usage to warrant it and it does not follow because a Writ of Error lies to the Kings-Bench here that therefore Appeals would lie from the Chancery there to the Chancery here which might be as reasonable to be done but never was attempted It is likewise Objected That there lies an Appeal from the Chancery there to the Lords here and it is true that some but very few such Appeals have been brought and these few only very lately and occasioned by the want of the Parliament Sitting in Ireland and passed sub Silentio without any opposition in that respect Another Objection is made from Poining's Law in the Tenth of H. Seventh St. 10. H. ● cap. 4. but that is nothing at all to this purpose for it concerns only the appointing a new Method and Form of passing of Acts of Parliament there that they must be transmitted and approved at the Council-Board in England but that alters nothing of their judicial power or capacity so long established and enjoyed by them Another Objection is made That Ireland would be independent of England and which is very undeserved if any body consider how unanimous and zealous the Protestants of Ireland have very lately and on all occasions appeared for the English Interest there to the loss of their Lives and all they had and how little able they are to support themselves without the Assistance and Protection of England And the weakness of the Objections appears yet the more for the same Argument may be made against their having any Parliament to sit in Ireland for if they be allowed to have right to a Parliament they must also be allowed the right of Parliaments which they have hitherto exercised and enjoyed For which Reasons 't is humbly hoped Your Lordships will not take any further Cognizance of the said Appeal James Sloane Fra. Annesley An Abstract of some of the Presidents in Ireland which were certified from thence by the Lords Justices and Council there to Your Lordships 8 H 6. M. 70. Prynn's Animad 313 314. THE Prior of Lanthony removed by Writ of Error a Judgment in the Kings-Bench in Ireland to the Parliament of Ireland which was affirmed there Afterwards the Prior