lately in 1695. that their Case of the Prior of Lauthony in 8 H. 6 Prynne's Animadversions 313, 314. was against them: The Prior having removed a Judgment in the King's Bench in Ireland into the Parliament there, which affirmed it, did bring a Writ of Error in the King's Bench in England, and they refused to meddle with it: The Reason was, because the Writ of Error before the Lords there did not lie, and that it ought to have come hither immediately. And all the rest of their Quotations in their Printed Case either prove nothing at all, or too much. For they are against the Allowance of Writs of Error in the King's Bench in England, and against the Legislature of England's being able to oblige the People of Ireland: Both which have been approved by constant Practise. And therefore it was prayed, that the Appeal here might be allowed, and the Order of the Irish Lords might be vacated.
Argument for the Respondents.—On the other Side it was argued from 1 Inst. 141. Prynne's Animadversions 286. and 4 Inst. 12. that their Parliaments had the same Authority there in respect of making Laws for that Country, as the Parliaments have for England. That they have ever since 10 Hen. 7. re-enacted there such subsequent Acts of England, as they thought good for them. And that they had the like Power of Appeals, Writs of Error and Impeachments, &c. and that the Cognizance of such Appeals in England would produce great Inconveniences, by making poor People to attend here; whereas they might with less Trouble and Expence have Justice at home. That this did agree with the Reasons of that Ancient Statute, 4 Inst. 356. that Persons having Estates in Ireland should reside in that Kingdom, else Half of their Estates should go to maintain the Forts there. That this Practise of receiving Appeals here would be Vexatious to the People of that Place: And that no Court could have Jurisdiction but by Grant or Prescription: And that there could be no Pretence for either in this Place.
[83] Then was it ordered in these or the like Words:
Judgment for the Appellants.—Whereas a Petition and Appeal was offered to the House the — Day of — last, from the Society of the Governor and Assistants London of the new Plantation in Ulster in the Kingdom of Ireland, against a judgment given by the Lords Spiritual and Temporal of Ireland in Parliament there Assembled, on the — Day of — last, upon the Petition and Appeal of William Lord Bishop of Derry against the Decree or Orders made in the said Cause in the Court of Chancery there: Whereupon a Committee was appointed to consider of the proper Method of Appealing from Decrees made in the Court of Chancery in Ireland; and that pursuant to the Orders of the said Committee, and a Letter sent to the Lords Justices of Ireland, by Order of this House, several Precedents have been transmitted to this House by the said Lord Justices, Copies whereof were ordered to be delivered to either side: After Hearing Counsel upon the Petition of the said Society of London, presented to this House, praying that they might be heard as to the Jurisdiction of the House of Lords in Ireland, in receiving and judging Appeals from the Chancery there, as also Counsel for the Bishop of Derry; after due consideration of the Precedents, and of what was offered by Counsel thereupon; it is ordered and adjudged by the Lords Spiritual and Temporal in Parliament Assembled, That the said Appeal of the Bishop of Derry to the House of Lords in Ireland, from the Decree or Orders of the Court of Chancery there made in the Cause, wherein the said Bishop of Derry was Plaintiff, and the said Society of the Governor and Assistants London of the new Plantation in Ulster 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 said Cause, as if no such Appeal had been made to the House of Lords there; and if either of the said Parties do find themselves Agrieved by the said Decree or Orders of the Chancery of Ireland, they are at liberty to pursue their proper Remedy by way of Appeal to this House.
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