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of bis 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, bas acted in ander Burrowes, esq. late high-sheriff of the manifest derogation to, and diminution of, ibe county of Kildare, in pot obeying the injunction king's prerogative of finally judging in bis High issued forth out of bis 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 thereof. haved himself with integrity and courage, and Resolved on the question, That sir Jobo 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 in the Resolved on the question, That the fines im- cause between Sherlock and Annesley, a ako posed upon Alexander Burrowes, esq. by the against Alexander Burrowes, esq. late 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, kpt. one of the barons of his majesty's posed upon Alexander Burrowes, esq. by the 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 high be taken off, when he shall have made a just sheriff of the county of Kildare, has acted account, without other fees than such as are in manifest derogation to, and diminution of, usual on passing sheriff's accounts.
the king's prerogative of finally judging ia 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 Excheque, 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 goverResolved on the question, That the lord nors of this kingdom, or the council. chief baron, and the other barons of the Court Resolved on the question, That the case of of Excbequer, 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 Excbequer, being matter pot 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 go. 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 bis majesty' 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 Kildaré, has acted in direct vio- ! Dissentient.-Jo. Meath, Welbore Kildare, Jation of the Orders and Resolutions of this Henry Killalla and Achonry, Timno. House.
Kilmore and Ardagh, Doperayle, MiResolved on the question, That Jeffery Gill dleton, Canc. Wm. Derry. bert, esq. lord chief baron of his majesty's Court Resolved on the question. That Jeffery Gil. of Exchequer, in the proceedings in the cause he between Sherlock and Annesley, as also against
bert, esq. lord chief barop of the Court of Ex
chequer, John Pocklington, esq. and sir Joba Alexander Burrowes, esq. late high sheriff of
St. Leger, kot. barons of the same, in their the county of Kildare, has acted in manifest
proceedings in the cause between Sherlock and derogation to, and diminution of, the king's
Apuesley, and against Alexander Burrowes, prerogativeof finally judging in his High Court
esq. late sheriff of the county of Kildare, hare of Parliament in Ireland, as also of the rights and privileges of this kingdom, and the parlia
acted contrary to law, and to the established
practice of the king's courts. ment thereof. Resolved on the question, That John Pock
Dissentient.-Jo. Meath, Welbore Kildare,
Henry Killalla and Achonry, Timo. Jington, esg. one of the barons of his majesty's Court of Exchequer, in the proceedings in the
Kilmore and Ardagh, Donerayle, Mi.
dleton, Canç. Wm. Derry. cause between Sherlock and Annesley, as also against Alexander Burrowes, esq. late high
Resolved on the question, That Jeffery Gilsheriff of the county of Kildare, has acted in bert, esq. lord chief baron of the Court of Exdirect 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 ihe barons of bis majesty's Court of Parliament, in the cause between SherCourt of Exchequer, in the proceediogs in ihe lock and Annesley, is a betrayer of his majescause between Sherlock aod Anuesley, as also ty's prerogative, and the undoubled ancient Derry.
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.
Hepry Killalla and Acbonry, Timo. Kilmore and Ardagh, Fitz-Williams,
dleton, Canc. Wm. Derry.
| To the Proceedings in this Case, it appears chequer, having taken upon bim to put in exe
that in the year 1769, reference was made in cution a pretended Order from another Court,
the Irish House of Lords: As to this I bere incontrary 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, wbich appeared to lock and Aupesley, is a betrayer of bis majes
me to be curious in different respects. I think ty's prerogative, and the uudoubted ancient
it not improbable that lord Mountmorres himrights and privileges of this House, and of the
self communicated the article to the publicarights and liberties of the subjects of this king.
tion from which I have extracted it: Jom.. Dissentient.--Jo. Meath, Welbore Killare,
“ 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, having taken upon him to put in execution a
“That an bumble Address be presented to his pretended Order from another Court, contrary
majesty beseeching bim to give orders to his to the final judgment of this High Court of Par
attorney general to issue a Scire Facias against liament, in the cause between Sherlock and
a patent by which the present chancellor of Annesley, is a betrayer of his majesty's prero
the Exchequer is to hold the same during life. gative, and the undoubted ancient rights and
" That by an act of parliament the 10th of privileges of this House, and of the rights and
Henry 7, it is enacted, that all judicial officers liberties of the subjects of this kingdom.
shall hold their places during pleasure. And Dissentient.-Jo. Meath, Welbore Kildare,
that it appears, that the clerk, or master of the Henry Killalla and Achopry, Timo.
rolls, is expressly enumerated in the act as a Kilmore and Ardagh, Donerayle, Mi
judicial officer. dleton, Canc. Wm. Derry.
" That an bumble Address be presented to, It is ordered by the Lords spiritual and tem.
his majesty, beseecbing bim to give orders to, poral in parliament assembled, That the right
his attorney general to issue a Scire Facids honourable Jeffery Gilbert, esq. lord 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
"A motion being made to adjourn the con
sideration of the said Resolutions till the 1st of this House. Dissentient.--Jo. Meatb, Welbore Kildare,
"And a debate arising thereupon, the quesKilmore and Ardagh, Fitz-Williams,
tion was put, and the House divided.
« The lord viscount Clare reported, that the Midleton, Canc. Donerayle, Wm.
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- | 1 “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
Hepry Killalla and Achonry, Timo. their places during pleasure?- Wherber a pa-
Exchequer has passed for life to the present
chancellor, be legal?
" And a debate arising thereupon, the quesIt is ordered by tbe 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. third barop of the Court of Ex: the Conteuts below the bar were 5, and the chequer, shall, for the said offences, be taken Not Contents ja the House were 24.
“ It passed in the negative.
| Bedford, lord lieutenant of Ireland: and be “A motion being made tbat the following cause that in the subsequent session in the year queries be referred to the judges;
1494, he was removed from his office by 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 Lanthouy, of George 2, is not declaratory of the common vide List of Irish Chancellors, by sir J. Ware, Jaw?--Whether if he is a judge at common law | 2d vol. 109, though be had been appointed by in England, heis not also a judge here?- Whe. the Euglish interest, and though no crine or ther by the 10th of Henry 7, it is not enacted, misbehaviour was alleged against bim, because that all judicial officers shall be only duriog 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, admitting that he did not “ Dissentient,
come under the enumerative words of the sta“ 1. Because we conceive that it is in the tute, be 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: 1 judicial officer, and consequently his patent for ance and the propriety of which appears to us | life is void. to be clearly evident, for these following rea- | “6. Because sir Edward Coke found the SODS:
court of equity in the Exchequer, upon the of. “ 2. Because it is enacted by an act of parlia fice of chancellor of the Exchequer, in these ment, of the 101 of Henry 7, in the following words; Hereupon it is collected, that seeing words; • Item, praying the Commons, that in there has been, time out of mind, a chancel( consideration of the great and manifold in- for of the Exchequer, it follows, mat was 'conveniencies that late were attempted there should also be in the Exchequer a court of * contrary to all natural allegiance, to the l' equity.' 4th Institute, 119.
king's grievous displeasure, by the procure- “7. Because it appears ibat this office has 'ment, counsel, and exhortation of such ofl. | 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 aus 'it ordained, enacted, and establisbed 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 sball bave ministration of justice. I quer has always been esteemed a judicial othat is for to say, the chancellor, the treasurer. I 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 Shero 'rolls, 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 to the chancel• hereafter be made, of any of the said offices, | lor, treasurer, and barops of the Exchequer ; ' upto any person or persons there, contrary tó / if otherwise directed, that it would be error,
the premises, the same to be deemed void and and that the barons of the Exchequer were bo! ' of none effect in 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 to the contrary bereof, of the chancellor and treasurer of the Exche'to be revoked and deemed void and of none 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 meant by the word in | chancellor of the Exchequer to preside al tuo 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 a informs us, that Alexander Plunket was made neglect of the first officer of the Exchequer s 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 “ 18. Because that this disadvantage attends the patent by which that office passed to granting judicial officers for life, that age or Ricbard 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 has fre. the rolls is a judicial officer immemorially in quently been granted for life, since the 10th both kingdoms; because though it was dis- of Henry 7, yet no inference can be drawn puted formerly in England, whether he de from thence, as custom cannot be pleaded rived his power of hearing and determiniog against ap 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, lo quiet tbose questions, I knowledge and of the profession of the law. ratifies all decrees made by bim 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 coine 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.' Ath In- tive courts. stitute, p. 97. Because his opinion in this re- " 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 enlarge 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 ibe separation of the judicial and suits for want of an assistant, in case of tho 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 irrefrag. stance, that it was anciently the custom to ap- able, to the unerring judgment of the public point the first clerk, or master in Chancery, and of posterity, and to exempt ourselves in the master of the rolls.
minds of thinking men, both here and in ano" 14. Because thougb the administration of ther kingdom, from that obloquy which falls justice be expressly excepted in the patent, we upon the legislature of this country, 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 ove, it can do • morres, Moira, Charlemont, Loutb, it in any office where they have been united.
Powerscourt, Soutbwell, Longford, “ 15. Because the residence of this officer
Lisle." was esteemed necessary formerly, seeing that one Henington, a master in chancery, io Eng. | By stat. 41 Geo. 3, c. 25, V. 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 is 16. Because it appears that Cbristopher an active judicial officer. Wandesford, esq. master 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 tbe dependency of the kingdom of deputy Wentworth's commission for holding 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- Ireland to bave all actions and suits ipstituted 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 not 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 misdemeapors that may I 40 Geo. 3, c. 29; 40 Geo. 3, c. 38.
459. The Trial of John 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
bis dwelling or abode, or some other addition, 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, to 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 30th of October, the Court prisoner being brought to the bar, Mr. Justice met again, wben eleven judges attended, (FIZ.) Tracy, and Mr. Baron Price, attending, lord chief justice King, lord chief baron Bury,
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. (Iord chief justice Pratt absent) who all agreeil, son, is to have a copy of the pannel 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 ibat the pannel was a the trial; and that in the copy of the pannel so good and legal pannel; and the trial ought to delivered to the prisoner and returned by the go on.--Accordingly the jury were called orer, sheriff's of London, was inserted the names and after a great many were challenged by the 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. cb. 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 Thoinpson, pose the act provides, that no joror, whether
Richard West, Morgan Atkinson, living within or without a liberty, shall be re
William Smith, Richard Guy,
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 his health very fast;
L. Č.J. Then read the Indictment. grown superannuated and childish ; was never visited, or seen by any body, but those imme
THE INDICTMENT. diately attending upon him. He died at Rome, " London. ss. Jur pro Dno. Rege sup' SaJanuary 1, 1766.* -Thank God, Jacobitism is cram' suum p'sentant qd. Job'es Matthews de in a manner extinct, and all the hopes of the London Typographus existens subdit' serenisPretender and his adberents, at an end : so we simi Dni. Georgii modo Regis Magnæ Brit. shall close the trials relating to the late uopa- tannie Franc' et Hiberpiæ, 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 Diaof Hereditary Right, and the Rights of the bolica mot et seduct' ut falsos Prodit' contra Pretender, &c. which have occasioned the dict. Dom. 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 Treas 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, directetb, “ 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 io the copy of the pan. + Tbis Trial was taken in short-hand, with nel:" But the act doth not require that exact leave of the Court, by Mr. J. Sbayler.
ness, and the practice is otherwise. Foster's
Reports, p. 230. But see 7 Aune, c. 21. * See Leach's Hawkias's Pleas of the Crown, Former Edition. See also Leach's Hawkins's book 2, c. 49, s. 54.
Pleas of the Crown, book 2, ch, 39, s. 16.