the decree or order made in the faid caufe in the court of Chancery there: whereupon a committee was appointed, to confider of the proper method of appealing from the decrees made in the court of Chancery in Ireland, and that pursuant to the order of the faid committee, and a letter fent to the Lords Juftices of Ireland, by order of this houfe, feveral precedents have been tranfmitted by the Lords Justices to this houfe, copies whereof were ordered to be delivered to either fide: after hearing counfel upon the petition of the fociety of London, prefented to this houfe the 20th of April laft, praying that they might be heard, as to the jurifdiction of the house of lords in Ireland, in receiving and judging appeals from the Chancery there, as alfo counsel for the bishop of Derry: after due confideration of the precedents, and of what was offered by counsel thereupon; it is this day ordered, adjudged and declared, by the lords fpiritual and temporal in parliament affembled, that the faid appeal by the bishop of Derry, to the house of lords in Ireland, from the decree or order of the court of Chancery there made, in the caufe wherein the faid bishop of Derry was plaintiff, and the faid fociety of the governors and affiftants of London, of the New plantation in Ulfter, in Ireland, were defendants, was coram non judice, and that all the proceedings thereupon are null and void; and, that the court of Chancery in Ireland ought to proceed in the faid caufe, as if no fuch appeal had been made to the houfe of lords there; and if either of the faid parties do find themselves aggrieved by the faid decree or order of Chancery, they are at liberty to purfue their proper remedy by way of appeal to this house. Ordered, That the Lord Chancellor do write to the lords Juftices of Ireland, and fend them this order. MAL. JOHNSON, Cler. Parli. REASONS against the foregoing ORDER, By WILLIAM MOLYNEUX, Efq.* ft. Because upon the conqueft † of Ireland by Henry the IId. he introduced the laws of England in that kingdom, and fent over the Modus Tenendi Parliamentum in Terminis, the *Found in the hand writing of the author in blank leaves of one of his cafes, &c. fent to the then bishop of Meath, and now in the poffeffion of John Evans, Efq; St. Stephen's-green, Dublin. Mr. Molyneux here ufes the word conqueft, in compliance with the English idea of Henry's invafion, in order, we may fuppofe, to render his arguments more fubfervient to their object. fame fame with that of England, in which record it is faid that fuch things may be examined and corrected, in Pleno parliamento et non alibi. 2dly. Because in the 20th year of king Henry the third, it was provided, that all laws and cuftoms which are enjoyed in England, fhall be alfo in Ireland,' and that the land fhall be fubject thereunto and governed thereby, ficut Dominus Fohannes Ker eum ultimo effet in Hibernia ftatuit et fieri mandavit et quod brevia de communi jure qua currunt in Anglia fimiliter currant in Hibernia. 3dly. Becaufe king Edward III. in the 29th year of his reign, ordained for the quiet and good government of the people in Ireland, that in all cafes whatfoever, errors in judgment, in records, and proceedings in the courts of Ireland, fhall be corrected and amended in parliament in Ireland. 4thly. Because it appears by other ancient records quod terra Hibernia intra fe omnes et omnimodas habet curias prout in Anglia. 5thly. Becaufe a conqueror by the laws of England and of nations, having power to introduce what laws he will in the conquered country, and king Henry II. pursuant to that power, having introduced the laws of England, and particuJarly that of holding parliaments in Ireland the,, houfe of lords in parliament in Ireland, may proceed to hear and determine judicially fuch matters as fhall be brought before them, in the fame manner as the lords in parliament in England. 6thly. Because pursuant to the many conceffions made by king Henry II. king John, king Henry III. and other kings of England, the Lords in parliament in Ireland, have proceeded to correct and amend errors in judgment and decrees in the courts of Ireland, (as appears by the feveral precedents certified over to your lordfhips) and their judgments never before this called in queftion, many of them being very irregular. It is therefore prefumed to have been by a good and lawful jurifdiction, otherwife they would have been by our ancestors (who were zealous affertors of their rights) long before this called in queftion. 7thly. The order declaring the appeal was coram non judice, and null and void, will call all other judgments and decrees in question, under which many eftates have been purchased, settled, and enjoyed, which will be of fatal confequence to many families, and create great difcontent and diffatisfaction in that kingdom. 8thly. Because the declaring the faid appeal to be coram non judice, and null and void, ftrikes at and tends to the deftruc tion tion of the jurifdiction of this houfe, for Ireland having omnes et omnimodus curias prout in Anglia, muft include the high court of parliament, and if their high court of parliament, being an exact picture of the high court of parliament in England, cannot judicially hear and determine appeals, writs of error, and impeachments, it may from thence be alleged that this here cannot. 9thly. Because this refolution ftrikes at and tends to abridge the king's prerogative in Ireland; all appeals and writs of error in parliament being coram rege in parliamento, and therefore these words coram non judice takes from the king the judicial power which is given to him there. othly. Because the peers of Ireland have little elfe left them befide their judicature, which if taken away, they will be of little efteem there, and many of the peers of England have fome of their titles of honour from that kingdom. 11thly. Because it is the glory of the English laws, and the bleffing attending Englifhmen, that they have juftice adminiftered at their doors, and not to be drawn as formerly to Rome, by appeals which greatly impoverished the nation; and by this order the peopic of Ireland must be drawn from Ire land hither, whenfeever they receive any injuftice from the Chancery there, by which means poor men must be trampled upon not being able to come over to feek for juftice... 12thly. The danger of altering, changing, or leffening a conftitution, for above five hundred years unfhaken, or fo much as called in queftion in any one thing, (the custom and ufage of courts being the law of courts) may occafion the deftruction of the whole, for the judicial power of the house of peers in Ireland, in criminal caufes by way of impeachment or otherwife, may by the fame reafon be called in quef tion, as their judicature in civil caufes, which will encourage evil disposed men, especially thofe in employment in that kingdon (who are generally very arbitrary) to act wickedly; and the better we preferve the conftitution of Ireland, and of thofe plantations dependant on England, the better we fhall preserve our own; and they will be barriers to ours, to prevent any invafion of theirs; and fince the Kings of England have in all times in matters relating to their revenue, their grants by letters patent, and their minifters not only empowered the parliament of Ireland to hear, correct, reform and amend them, but also acquiefced in their judg ment, it ought not now to be queftioned. 13thly. 13thly. Because this taking away the jurifdiction of the lords houfe in Ireland, may be a means to difquiet the lords there, and difappoint the king's affairs. 14thly. Because the judicial power of the house of peers in Ireland is in no refpect altered by an act of parliament, the ftatute of the 10th of Henry 7, c. 4, called Poyning's law, only directs a new form of paffing bills into laws, but alters nothing of the judicial power, and their argument of their having the interpretation of all laws by a judicial power being 'allowed them, will enable them to make the laws what they please, will as well hold against the jurifdiction of this houfe, which ought not to be fuffered. Proteft of the Irish Lords on the preceding Order. Die Veneris 11o Februarii, 1703° Lord Chancellor, Speaker. Lord Archbp. of Armagh, Earl of Rofcommon, Earl of Londonderry, Earl of Meath, Earl of Cavan, Earl of Inchiquin, Lords Earl of Mount Alexander, Earl of Longford, Lord Vifc. Ely, Lord Vifc. Skerrin, Lord Vifc. Maffareene, Lord Bishop of Killalla, Lord Vifc. Dungannon, Ordered on motion, That the petition of Edward earl of Meath, and Cecilia Countefs of Meath, his wife, be read. Read accordingly. Ordered on motion, That the clerk of the rolls, do bring into this houfe, the roll of the acts of parliament of the 38th of Henry VI. ́. Refolved Refolved on the queftion nem con. That by the ancient and known laws and ftatutes of this kingdom, her majefty hath an undoubted jurifdiction and prerogative in this her high court of parliament, in all appeals and caufes within this her majesty's realm of Ireland. Refolved on the queftion nem con. That the determinations and judgments of this high court of parliament are final and conclufive, and cannot be reverfed or fet afide by any other court whatsoever. Refolved on the queflion nem con. That if any subject or refident within this kingdom, fhall hereafter prefume to remove any cause determined in this high court of parliament, to any other court, fuch perfon or perfons, fhall be deemed betrayers of her majefly's prerogative and jurifdiction, and the undoubted ancient rights and privileges of this house, and of the rights and liberties of the fubjects of this kingdom, Refolved on the queftion nem con. That if any fubject or refident within this kingdom, fhall prefume to put in execution any order from any other court, contrary to the final judgment and determination of this high court of parliament, fuch perfon or perfons, fhall be deemed betrayers of her majefty's prerogative and jurifdiction, and the undoubted ancient rights and privileges of this houfe, and of the rights and liberties of the fubjects of this kingdom, &c, In the Irish Houfe of Lords, in the year 1703, upon the petition of Edward, then earl of Meath, and Cecilia, countefs of Meath, his wife, againft the lord Ward, complaining of their having been difpoffeffed of certain lands in the county of Tipperary, under a pretended order of the house of lords of Great Britain; we find the lords of Ireland*, unanimously adopt the refolutions on the foregoing appeal, in 1698.. On the 12th day of February, 1703, their lordships made the following order: Whereas, upon hearing the complaint of the right hon. Edward, earl of Meath, and Cecilia, countess of Meath, his wife, exhibited to this houfe on the 19th of October laft, it has appeared upon full proof, that they have been illegally dif poffeffed of the lands of part of Rocheftown, Corruta, Loughloughery, Keating, Milfield, Richardfon alias Richeftown, Cloughnecody, Ardfinane and Faren-English, Rathcordane and Grumgill, Gortneerannah, Drumtrafney, Kilnemaun, Gurtinebamagh, and Garriglifh, all lying and being * Jour. Houfe of Lords, fol. 52. |