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of his Petition, to the satisfaction of this House. against Alexander Burrowes, esq. late high
Resolved on the question, That the said Alex- sheriff of the county of Kildare, has acted in ander Burrowes, esq. late bigh-sheriff of the manifest derogation to, and diminution of, ibe county of Kildare, in not obeying the injunction king's prerogative of finally judging in his High issued forth out of his majesty's Court of Exche-Court of Parliament in Ireland, as also of the quer, dated the 22nd February, 1717, in the rights and privileges of this kingdom and the cause between Sherlock and Annesley, has be- parliament thereot. haved himself with integrity and courage, and Resolved on the question, That sir Joba St. with due respect to the Orders and Resolutions Leger, knt, one of the barons of his majesty's of this House.
Court of Exchequer, in the proceedings ia the Resolved on the question, That the fines im- cause between Sherlock and Aunesley, a ako posed upon Alexander Burrowes, esq. by the against Alexander Burrowes, esq. fate high Court of Exchequer, amounting to 771. for sheriff of the county of Kildare, bas acted in pot returning the writ of injunction in the direct violation of the Orders and Resolutions cause between Sherlock and Aunesley be taken of this House. off' without fees.
Resolved on the question, That sir John St. Resolved on the question, That the fines im- Leger, knt. one of the barons of his majesty's posed upon Alexander Burrowes, esq. by ibe Court of Exchequer, in the proceedings in the Court of Exchequer, for not entering on his cause between Sherlock and Aunesley, as also accounts, amounting to 1,2001. and upwards, against Alexander Burrowes, esq. late bigli be taken off, when he shall have made a just sheriff of the county of Kildare, has acted account, without other tees than such as are in manifest derogation to, and diminution of usual on passing sheriff's accounts.
the king's prerogative of finally judging in bis Resolved on the question, That the lord High Court of Parliament in Ireland, as also of chief baron, and the other barons of the Court the rights and privileges of tbis kingdom, and of Exchequer, had due notice of the Resolu- the parliament thereof. tions of this House, made the 11th of February, Resolved on the question, nem. con. That it 1703, in the cause of the earl of Meath, and is the duty of the barons of the Exchequer, lord Ward, before they made an order for an where there is any wrong or prejudice done to injunction to put Maurice Annesley into pos. the king, in matters lying before them, to insession.
form the king, or the chief governor or gorerResolved on the question, That the lord nors of this kingdom, or the council. chief baron, and the other barons of the Court Resolied on the question, That the case of of Exchequer, had due notice of the Order of Sherlock and Annesley, as it lately lay before this House of the 3rd of October, 1717, in the barons of the Exchequer, being matter to the cause of Sherlock and Annesley.
only of law, but of state, ought to have been Resolved on the question, That Jeffery Gil. laid before the king, the chief governor or you bert, esq. lord chief baron of bis majesty's Court vernors of this kingdom, or the council of the of Exchcquer, in the proceedings in the cause same: it so nearly concerning his majesty's between Sherlock and Annesley, as also against prerogative, and the interest of the whole king. Alexander Burrowes, esq. late bigh sheriff of dom. the county of Kildare, has acted in direct vio- Dissentient.-Jo. Meath, Welbore Kildare, Jation of the Orders and Resolutions of this Henry Killalla and Achoury, Time, House.
Kilmore and Ardagh, Donerayle
, Mi. Resolved on the question, That Jeffery Gil- dleton, Canc. Wm. Derry. bert, esq. lord chief baron of his majesty's Court of Exchequer, in the proceedlings in the cause bert, esq. lord chiet baron of the Court of Ex:
Resolved on the question, That Jeffery Gil. between Sherlock and Annesley, as also against cheguer, John Pocklington, esq. and sir Jola Alexander Burrowes, esq. late high sheriff of St. Leger, knt. barons of the same, in their the county of Kildare, has acted in manifest derogation to, and diminution of, the king's proceedings in the
cause between Sherlock and prerogativeof finally judging in his High Court Anuesley, and against Alexander Burrows, of Parliament in Ireland, as also of the rights acted contrary to law, and to the established
late sheriff of the county of Kildare, have and privileges of this kingdom, and the parlia- practice of the king's courts. ment thereof. Resolved on the question, That John Pock
Dissentient.-Jo. Meath, Welbore Kildare, lington, esq. one of the barons of his majesty's
Henry Killalla and Achonry, Timo. Court of Exchequer, in the proceedings in the
Kilmore and Ardagh, Donerayle, Micause between Sherlock and Annesley, as also
dleton, Canç. Wm. Derry. against Alexander Burrowes, esq. late high Resolved on the question, Tbat Jeffery Gil
. sheriff of the county of Kildare, has acted in bert, esq. lord chief baron of the Court of Er. direct violation of the Orders and Resolutions chequer, having takes upon him to put in exeof this House.
cution a pretended Order from another Court, Resolved on the question, That John Pock. contrary to the final judgment of this High lington, esq. one of the barons of bis majesty's Court of Parliament, in the cause between SherCourt of Exchequer, in the proceedings in ihe lock and Annesley, is a betrayer of his majes
: cause between Sherlock and Angesley, as also ty's prerogative, and the undoubted ancient
rights and privileges of this House, and of the into the custody of the gentleman usher of the rights and liberties of the subjects of this king. Black Rod attending this House. dom.
Dissentient.--Jo. Meath, Welbore Kildare, Dissentient.-Jo. Meatb, Welbore Kildare, Henry Killalla and Achonry, Timo.
Henry Killalla and Achonry, Timo. Kilmore and Ardagh, Fitz-Williams, Kilmore and Ardagh, Donerayle, Mi. Midleton, Canc. Donerayle, Wm. dleton, Canc. Wm. Derry.
Derry. Resolved on the question, That John Pocklington, esq. second baron of the Court of Ex
To the Proceedings in this Case, it appears chequer, having taken upon him to put in execution a pretended Order from another Court, the Irish House of Lords: As to this I bere in
that in the year 1769, reference was made in contrary to the final judgment of this High sert from the “ London Museum” for May, Court of Parliament, in the
cause between Sher- 1770, the following article, which appeared to lock and Auvesley, is a betrayer of his majesty's prerogative, and the undoubted ancient it not improbable that lord Mountmorres him
me to be curious in different respects. I think rights and privileges of this House, and of the rights and liberties of the subjects of this king. tion from which I have extracted it:
self communicated the article to the publica. dom. Dissentient.-Jo. Meath, Welbore Killare,
6 December 5, 1769. Henry Killalla and Achonry, Timo.
“The following Resolutions being proposed, Kilmore and Ardagh, Donerayle, Mi. That by an act of parliament, the 10th of Henry dleton, Canc. Wm. Derry.
7, it is enacted, that all judicial officers shall
bold their places during pleasure. Resolved on the question, That sir John St.
“ That the chancellor of the Exchequer is a Leger, third baron of the Court of Exchequer, judicial officer. having taken upon him to put in execution a
“That an bumble Address be presented to his pretended Order from another Court, contrary to the final judgment of this High Court of Para majesty beseeching bim to give orders to his liament, in the cause betweeu Sherlock and attorney general to issue a Scire Facias against Annesley, is a betrayer of bis majesty's prero- the Exchequer is to hold the same during life.
a patent by which the present chancellor of gative, and the undoubted ancient rights and privileges of this House, and of the rights and Henry 7, it is enacted, that all judicial officers
“ That by an act of parliament the 10th of liberties of the subjects of this kingdom. Dissentient.-Jo. Meath, Welbore Kildare, that it appears, that the clerk, or master of the
shall hold their places duriog pleasure. And Henry Killalla and Achonry, Timo. Kilmore and Ardagh, Donerayle, Mi- rolls, is expressly enumerated in the act as a
judicial officer. dleton, Canc. Wm. Derry,
“ That an humble Address be presented to It is ordered by the Lords spiritual and tem. his majesty, beseeching bim to give orders to poral in parliament assembled, That the right his attorney general to issue a Scire Facia's honourable Jeffery Gilbert, esq. ford chief against a patent by which the office of clerk, or baron of the Court of Exchequer, shall, for the
master of the rolls, has passed to the right hon. said offences, be taken into the custody of the Richard Rigby, esq. for life. gentleman usher of the Black Rod attending sideration of the said Resolutions till the 1st of
“A motion being made to adjourn the conthis House. Dissentient.-Jo. Meatb, Welbore Kildare,
And a debate arising thereupon, the ques-
“ The lord viscount Clare reported, that the Derry.
Contents below the bar were 22, and the Not
Contents in the House were 9. It is ordered by the Lords spiritual and tem
" It was resolved in the affirmative. poral in parliament assembled, That Jobu Pock- “ A motion being made that the following lington, esq. second baron of the Court of Ex- queries be referred to the judges : chequer, shall, for the said offences, be taken " Whether the chancellor of the exchequer into the custody of the gentleman usher of the be a judicial officer immemorially in both kingBlack Rod attending this House.
doms ?- Whether it is enacted by the 10th of Dissentient.-Jo. Meath, Welbore Kildare, Henry 7, that all judicial officers shall hold
Henry Killalla and Achonry, Timo. their places during pleasure ?-Whether a pa-
chancellor, be legal ?
" And a debate arising thereupon, the quesIt is ordered by the Lords spiritual and tem- tion was put and the House divided. poral in parliament assembled, That sir Joho “ The earl of Lanesborough reported, that St. Leger, knt. tbird barop of the Court of Ex. the Contents below the bar were 5, and the ehequer, shall, for the said offences, be taken Not Contents in the House were 24.
“ It passed in the negative,
Bedford, lord lieutenant of Ireland: and be “ A motion being made that the following cause that in the subsequent session in the year queries lie referred to the judges ;
1494, he was removed from his office bý sir “ Whether the master of the rolls be a judge Edward Poynings, the author of this law, and in England immemorially ?-Whether the 3d the seals were given to the prior of Lantbony, of George 2, is not declaratory of the common vide List of Irish Chancellors, by sir J. Ware, law ?- Whether if he is a judğe at common law 2d vol. 109, though he had been appointed by in England, beis not also a judge here?-Wheo the English interest, and though no crime or ther by the 10th of Henry 7, it is not enacted, misbebaviour was alleged against bim, because that all judicial officers shall be only during this clearly evinces that the seals were granted pleasure?-Whether, in that act of parliament, during pleasure in the times immediately prehe is not expressly the clerk, or master of the ceding this law, and consequently an ordinance rolls, is not enumerated expressly as a judicial for that purpose would be needless. officer ?-Whether a patent under which that “ 4. Because we conceive that the chancel. office passed to the right honourable Richard lor of the Exchequer is virtually comprised Rigby for life be legal?
under the general words in the statute officers " It passed in the negative,
accomptants, as a principal revenue officer,
“ 5. Because, admining that he did not “ Dissentient,
come under the enumerative words of the sta“ 1. Because we conceive that it is in the tute, he certainly is comprehended under the highest degree inexpedient to procrastinate the general words, administration of justice, as a consideration of a measure, the high import judicial officer, and consequently his patent for ance and the propriety of which appears to us
life is void. to be clearly evident, for tbese following rea- " 6. Because sir Edward Coke founds the
court of equity in the Exchequer, opon the of. “ 2. Because it is enacted by an act of parlia- fice of chancellor of the Exchequer, in these ment, of the 10th of Henry 7, in the following words;" Hereupon it is collected, that seeing words; • Item, praying the Commons, that in there bas been, time out of mind, a chancel
consideration of the great and manifold in- ' lor of the Exchequer, it follows, that there conveniencies that late were attempted there
should also be in the Exchequer a court of contrary to all natural allegiance, to the equity.' 4th Institute, 119. • king's grievous displeasure, by the procure- “7. Because it appears that this office has (ment, counsel, and exhortation of such oft been granted in England immemorially during
cers, as late had administration of justice, un- pleasure. That the patents during the reigns der the king, in that land, and such as were of Edward 1, and 2, were at will, vide Madox's officers accomptants, and bad their offices History of the Exchequer, 51, and that John De
granted unto them by patent for term of life, sandale acted there as a judge at that time. And .by reason whereof they were the more bolder because, by an act of parliament of the 10th of to misuse their such authority: therefore be Henry 7, chap. 22, all the English laws and it ordained, enacted, and established by the customs previous to that period are made of authority of this present parliament, that from force in Ireland. • this time forward no manner of person or
“ 8. Because the chancellor of the Exche. persons that shall have ministration of justice, quer has always been esteemed a judicial offthat is for to say, the chancellor, the treasurer, cer, and all bills on the equity side, should be judges of the King's-bench, and Common directed to the chancellor, treasurer, and ba• Pleas, the chief and secondary baron of the rons of the Exchequer; and it was affirmed by
Exchequer, the clerk or the master of the the lords of Ireland, in the great cause of Sherrolls, and all manner of officers accomptants, lock and Annesley, upon the deposition of have any authority by patent in their such Daniel Redding, esq. deputy remembrancer
, offices, but only at the king's will and plea- sworn at the bar, that all bills or orders on the sure: and if any grant afore this time, or equity side, should be directed 10 the chancelhereafter be male, of any of the said offices, lor, treasurer, and barops of the Exchequer ; unto any person or persons there, contrary to if otherwise directed, that it would be error
, the premises, the same to be deemed void and and that the barons of the Exebequer were not ! of none effect iu the law; apd by the same warranted in obeying an injunction directed authority all and every manner act or acts, only to them, and in making use of the names before this time made io the contrary bereof, of the chancellor and treasurer of the Exche to be revoked and deemed void and of pone quer, vide State Trials, and Lords' Journal of effect in the law.'
the 28th of July 1719, p. 319 and 483. “ 3. Because we conceive that the chancel. "9. Because it has been customary for the lor of the Exchequer is ineant by the word in chancellor of the Exchequer to preside at the the act, and not the lord high chancellor, for commencement of the term : and because a the following reasons, because it would be need gentleman lately possessed of that office preless to ordain that by statute which obtained by sided to the great ease and benefit of the suitors custom before: and the history of those times in that court: and because the absence and informs us, that Alexander Plunket was made neglect of the first officer of the Exchequer is chancellor in the year 1492, by the duke of a great loss to all the people of Ireland.
“ 10. Because that the master of the rolls be committed in the undue execution of the being expressly enumerated as a judicial offi- • said place.' Lords' Journal, 1639—411. cer in the act of parliament, we conceive that 66 18. Because that this disadvantage attends the patent by which that office passed to granting judicial officers for life, that age or Richard Rigby, esq. for life is void.
infirmity may disqualify them for their offices. “ 11. Because it appears that the master of “ 19. Because though this office bas frethe rolls is a judicial officer immemorially in quently been granted for life, since the 10th both kingdonis: because though it was dis- of Henry 7, yet no inference can be drawn puted formerly in England, whether he de. from then as custom cannot be pleaded rived his power of bearing and determining against an act of parliament. 1st Institute, 115. causes in the absence of the chancellor, from “ 29. Because we humbly conceive that prescription or from special commission, the Sd judicial officers should be selected from men of of George 2, chap. 30, to quiet tbose questions, knowledge and of the profession of the law. ratifies all decrees made by him or his prede. “ 21. Because a legal disquisition of this cessors, in the absence of the chancellor, and subject was studiously avoided in the debate, declares that he has been a judicial officer time and because that a reference to the judges was immemorial, because if he is a judge at com- denied, upon a presumption that this enquiry mon law in England, he is also a judge here might come before them in another capacity; by the 10th of Henry 7.
an objection that would operate equally well in “ 12. Because sir Edward Coke expressly every other case, since there is no legal point says, “That in the absence of the chancellor which may not be cognizable in their respec. he heareth causes, and giveth orders.' 4th In- tive courts. stitute, p. 97. Because his opinion in this re- 6 22. Because we conceive that the absence spect has the greatest weight, as not likely to of these two great judicial officers is a heavy eplarge an equitable jurisdiction.
grievance to this country, creating an accumu“ 13. Because no reason can be originally lation of business in the Chancery, deferring assigned for the separation of the judicial and suits for want of an assistant, in case of the ministerial power of this officer: and because absence or indisposition of the chancellor : for that the clerk, or master of the rolls, are syno- these reasons we have thought it our duty to nymous terms, resulting from this circum- transmit reasons, which to us appear irrefragstance, that it was anciently the custom to ap- able, to the unerring judgment of the public point the first clerk, or master in Chaucery, and of posterity, and to exempt ourselves in tbe master of the rolls.
minds of thinking men, both here and in ano“ 14. Because though the administration of ther kingdom, from that obluguy which falls justice be expressly excepted in the patent, we upon the legislature of this couotry, for their coneeive that the crown cannot sever the judi- acquiescence under the evident violation of the cial from the ministerial power of an office; express words of an act of parliament.--Mountsince, if it can do it in the case of one, it can do
morres, Moira, Charlemont, Loutb, it in any office where they bave been united.
Powerscourt, Southwell, Longford, “ 15. Because the residence of this officer
Lisle.” was esteemed necessary formerly, seeing that one Henington, a master in chancery, in Eng. By stat. 41 Geo. 3, c. 25, U. K. (which was land, about the time of Edward 3, resided here enacted presently after the Union of the two as master of the rolls, and was allowed to hold kingdoms, see the British stat. 39, 40 Geo. 3, his place as master in chancery in England, by c. 67, and the Irisb stat. 40 Geo. 3, c. 38,) the deputy.
master of the rolls in Ireland was constituted “ 16. Because it appears that Christopher an active judicial officer. Wandesford, esq. masier of the rolls, attended By the statute 6 Geo. 1, c. 5, “ for the better the House as a judge, and that he read the lord securing the dependency of the kingdom of Jeputy Wentworth's commission for bolding a Ireland upon the crown of Great Britain," it parliament in the year 1634, by bis order stand- was declared, that the Peers of Ireland bad no ing by the woolsack among the judges. Lords' | jurisdiction to affirm or reverse any judgments Journal, 1634-8.
or decrees whatsoever. This act was repealed “ 17. Because it appears that a Petition was by stat. 22 Geo. 3, c. 53. By statute 25 Geo. presented to his majesty, king Charles 1, in 3, c. 28, the right claimed by the people of the year 1640, by the Lords of Ireland ; re- Irela to have all actions and suits instituted presenting that the master of the rolls was a in that kingdom decided in his majesty's courts
counsellor of state, an officer of great trust and there finally and without appeal from ibence, is • consequence, to give advice to the council established and ascertained for ever, and at no • board and in the court of Chancery, and pray: time to be questioned or questionable, and all ing him that that office might not be granted Writs of Error and Appeals in the English
to any one who had not sufficient estate in courts respecting such actions and suits shall * this country, and who had bot experience, be null and void. As to the consolidation of
quality, or reputation in the common-wealth, the British and Irish Peerages, see the British • sufficient to discharge the said trust faithfully, act, 39, 40 Geo. 3, c. 67; and the Irish acts, nor to answer for any misdemeanors that may 40 Geo. 3, c. 29; 40 Geo. 3, c. 38.
459. The Trial of Joun MATTHEWS, Printer, for High Treason, for
printing a Libel, entitled, “Ex ore tuo te judico, Vox Po“puli Vox Dei, "* at the Sessions House, in the Old Bailey, before the Lord Chief Justice King, Lord Chief Baron Bury, the Judges Powis, Blencow, Price, Tracy, Eyre, Montagu, Fortescue, Page, and Dormer :t 5 George I. A. D. 1719. October 30, 1719.
turned without an addition of the place, of
his dwelling or abode, or some other additiga, At the Sessions House, in the Old Bailey, the by which the party named may be known.* 14th October 1719, the prisoner, John Mat- The judges then present differed in their thews, was brought to the bar, but on the mo opinion, and ajourned to another day, to take tion of the prisoner's counsel, and on producing the opinion of the rest of their brethren, an affidavit of one Carroll, the Court adjourned whom the said judges that attended made their to the 16th: when the Court met again, the Report, and on the soth of October, the Court prisoner being brought to the bar, Mr. Justice met again, wben eleven judges attended, (viz.) Tracy, and Mr. Baron Price, attending, lord chief justice King, lord chief baron Barv,
An objection was made by the prisoner's the judges Powis, Blencow, Price, Tracy, counsel, that by the statute of the 7th king Eyre, Montagu, Fortescue, Page, and Dormer, William, the prisoner in the cases of high trea (lord chief justice Pratt absent) who all agrepil, son, is to have a copy of the papnel duly re- that the city of London was not within the turned by the sheriff, two days at least before meaning of that act, and that the pandel was a the trial; and that in the copy of the pannel so good and legal pannel; and the trial ongli ra delivered to the prisoner and returned by the go 01.- Accordingly the jury were called over, sheriffs of London, was inserted the names and after a great many were challenged by tbe without the addition of parish, ward,' or place prisoner, the following were sworn : of abode. And the question was, whether this
JURY. is a right pannel, according to the act of the 27th Eliz. ch. 7, the title of which act is, that
Thomas Clarke, Charles Fox, no juror shall be returned without an addition Robert Thorp, Nat. Michlethwaite, of his dwelling place, &c.' And for that pur
John Thompson, pose the act provides, that no joror, whether Richard West, Morgan Atkinson, living within or without a liberty, shall be re
William Kent. * “ By a gentleman, who was at Rome in
L. C. J. Are they all sworn ? September 1765, we are informed that the Pre
Cl. of Arr. Yes, my lord. tender was declining in bis health very fast; L. Č. J. Tben read the Indictment. grown superannuated and childish ; was never visited, or seen by any body, but those inme
THE INDICTMENT. diately attending upon bim. He died at Rome, “ London. ss. Juro pro Dno. Rege sap' 8aJanuary 1, 1766.* - Thank God, Jacobitism is cram' suam p'sentant qd. Joh'es Matthews de in a manner extinct, and all the hopes of the London Typographus existens snbdit
' serenisPretender and his adberents, at an end : so we simi Dni. Georgii modo Regis Magnæ Britshall close the trials relating to the late uuna- tannie Franc' et Hiberniæ, fidei Defensor, &c. tural rebellion in 1745-6, with the trial of one timorem Dei in Co. suo non h’ens nec debit
, who suffered for asserting those weak doctrines ligeanc' sue ponderans sed instigatione Disof Hereditary Right, and the Rights of the bolica mot et seduct' ut falsos Prodit' contra Pretender, &c. which have occasioned the dict. Dnm. Regem nunc suprem. verum leg
! effusion of so much blood and treasure in these et indubitat' Dnum. suum cordialem amorem kingdoms; and we hope his present most sacred majesty king George 3rd, may enjoy a * The little Tract, entitled, “ The Method long, very long, peaceable and quiet reign, over of Trial of Commoners, in Cases of High Trez a free and happy people ; and after him, a suc- son,” published in the year 1709, by Order of cession of princes sprung from bis illustrious the House of Lords, directeth, “ that the addi House.” Former Edition. As to the Pretender, tions of dwelling-places, and professions of See Vol. 12, pp. 123, 144, et seq.
the jurors, be inserted in the copy of the par + This Trial was taken in short-hand, with nel :' But the act doth not require that exaetleave of the Court, by Mr. J. Shayler.
ness, and the practice is otherwise. Foster's
Reports, p. 230. But see 7 Aune, c. 91. * See Leach's Hawkins's Pleas of the Crown, Former Edition. See algo Leach's Hawkins'i book 2, c. 49, s. 54.
Pleas of the Crown, book %,ch, 39, s. 16.