that his predecessor in office had put Hester Sherlock in possession of the premises. That upon his entering into office, an injunction, agreeably to an order of the English peers, issued from the exchequer, commanding him to restore Maurice Annesly to the possession of the abovementioned lands; that not daring to act in contradiction to the order of the house, he was fined. That in consequence of this, being afraid lest he should be taken into custody, he durst not venture to come in to pass his accounts, for which he was fined twelve hundred pounds.

The lords resolved, that Alexander Burrowes, Esq. in not obeying the injunction issued from his majesty's court of exchequer, in the cause betwixt Sherlock and Annesly, has behaved himself with integrity and courage, and with due respect to the orders and resolutions of the house. That the fines imposed upon him be taken off. That the lord chief barons of the exchequer, in the cause betwixt Sherlock and Annesly, and also respecting the sheriff of Kildare, had acted in manifest derogation to and diminution of the king's prerogative, of finally judging in his high court of parliament in Ireland, as also of the rights and privileges of this kingdom and its parliaments. They also ordered the barons into custody; and, in vindication, drew up a representation to be presented to his majesty.

In it they represented, that by many ancient records and sundry acts of parliament it appeared, that the kings and principal men of Ireland did, without compulsion, submit to Henry the Second

as their liege lord, who, at the desire of the Irish, ordained that the laws of England should be of force, and observed in this kingdom. That by this agreement Ireland obtained the benefit of English law, with many other privileges, particularly that of having a distinct parliament, in which weighty and important matters relating to this kingdom, were to be treated, discussed, and determined. That this concession and compact, ratified by succeeding kings, encouraged the English to come over and settle in Ireland, where they were to enjoy the same laws, the same liberties, and a constitution similar to that of England. That by this constitution and these privileges, his majesty's subjects had been enabled to discharge their duties faithfully to the crown; that therefore they insisted upon them, and hoped to have them preserved inviolable. That though the imperial crown of this realm was annexed to that of Great Britain, yet being a distinct dominion, and being no part of the kingdom of England, none could determine with the affairs of it, but such as were authorized by its known laws and customs, or the express consent of the King. That it was an invasion of his majesty's prerogative, and a grievance to his Irish subjects, for any court of judicature to take upon them to declare, that he could not by his authority in parliament, determine all controversies between his subjects of this kingdom, or that when they appeal to his majesty in parliament here, they did not bring their cause to a competent judicature. That in relation to the removal of causes by ap

peal from this kingdom, the judges being sometimes ignorant of the common law of England, which was the rule of their decisions, did apply to his majesty for information, which he gave them by the advice, and with the assistance of the justices of the King's bench, who in ancient times constantly attended his person. That when the King's bench came to be fixed, appeals were made to it, though the king was not personally present. That from hence it could not be inferred upon any ground, that appeals from the parlialiament of Ireland, might be brought before the house of peers in England. They represent, that but two instances occurred, of appeals from the Irish court of chancery to the English peers, prior to the revolution, and two instances subsequent to it, until the year seventeen hundred and three, none of which ought to affect the jurisdiction of the Irish lords, as by the principles and the nature of their constitution, whatever judicial powers were lodged in the British parliament, with respect to that kingdom and its inferior courts. That therefore in the year seventeen hundred and three, upon a complaint of the Earl and Countess of Meath, that during the interval of parliament, an order of the English peers had dispossessed them of certain lands, which had been decreed them here, the Irish parliament restored them effectually, to the undisturbed possession of them. That there was just reason to conclude they would have acted the same part, respecting the appeal of the Bishop of Derry, had he not been removed, and a composition made by

his successor with the London society prevented it. They then state the appeal of Maurice Annesly from their judgment, with all the particulars of the interference of the English lords, in that cause, injurious to their privileges; and the pernicious consequences of this usurped jurisdiction of the British peers.

They observe to his majesty, that it is the right, and the happiness of his subjects in this kingdom, as well as of those in Britain, that by their respective constitutions, justice is administered to them without much trouble or expence, in the kingdom to which they belong; but if his majesty is deprived of the power of finally determining causes here, in his high court of parliament, those who were unable to follow them to Britain, must submit to whatever wrongs they might suffer, from the more rich and powerful. That if all judgments made in his majesty's highest court within this kingdom, were subject to be reversed by the lords in Great Britain, the liberty and property of all his subjects of Ireland, must thereby become finally dependent on the British peers, to the great diminution of that dependence, which by law they ought always to have on the English crown. That if the interference of the English lords, in receiving appeals from Ireland, be recognized and supported, it would take away the power from his majesty, of determining causes in his parliament of this country, and confine it entirely to the parliament of Britain. That the writs for summoning the lords and commons in both countries being the same,

they must in each kingdom be possessed of equal powers, or else the peerage of their nation be little more than an empty title, and the commous stand for ever deprived of the privilege of impeaching in parliament, which right could not possibly be maintained, if there were not within the realm a parliamentary judicature. That if the power of judicature may, by a vote of the British lords, be taken away from the parliament of Ireland, no reason could be given why the same lords might not, in the like manner, deprive the people of Ireland of the benefit of their whole constitution. That the lords of Great Britain have not in themselves any way, either by law or custom, of executing their decrees in Ireland. That this could only be accomplished by an extraordinary exertion of royal power, which would be highly prejudicial to the liberties of this nation.

They also inform his majesty, that to prevent the appellant from making farther application to the Irish parliament, his deputy receiver had paid her a sum exceeding eighteen hundred pounds, which, to the prejudice of his majesty's subjects, he expected would be refunded by government. That these proceedings of the English lords had greatly embarrassed his parliament of Ireland, disgusted the generality of his loyal subjects, and must of necessity expose all sheriffs and officers of justice to the greatest hardships, by this interference of different jurisdictions. They hoped, that all these things being duly considered, his majesty would justify the steps they had taken, for supporting his prerogative, and the just rights and