of his Petition, to the satisfaction of this House. Resolved on the question, That the said Alexander Burrowes, esq. late high-sheriff of the county of Kildare, in not obeying the injunction issued forth out of his majesty's Court of Exchequer, dated the 22nd February, 1717, in the cause between Sherlock and Annesley, has behaved himself with integrity and courage, and with due respect to the Örders and Resolutions of this House.

Resolved on the question, That the fines imposed upon Alexander Burrowes, esq. by the Court of Exchequer, amounting to 771. for not returning the writ of injunction in the cause between Sherlock and Aunesley be taken off without fees.

Resolved on the question, That the fines imposed upon Alexander Burrowes, esq. by the Court of Exchequer, for not entering on his accounts, amounting to 1,200/. and upwards, be taken off, when he shall have made a just account, without other fees than such as are usual on passing sheriff's accounts.

Resolved on the question, That the lord chief baron, and the other barons of the Court of Exchequer, had due notice of the Resolutions of this House, made the 11th of February, 1703, in the cause of the earl of Meath, and lord Ward, before they made an order for an injunction to put Maurice Annesley into possession.

Resolved on the question, That the lord chief baron, and the other barons of the Court of Exchequer, had due notice of the Order of this House of the 3rd of October, 1717, in the cause of Sherlock and Annesley.

Resolved on the question, That Jeffery Gilbert, esq. lord chief baron of his majesty's Court of Exchequer, in the proceedings in the cause between Sherlock and Annesley, as also against Alexander Burrowes, esq. late high sheriff of the county of Kildare, has acted in direct violation of the Orders and Resolutions of this House.

against Alexander Burrowes, esq. late high sheriff of the county of Kildare, has 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 the parliament thereof.

Leger, knt. one of the barons of his majesty's Resolved on the question, That sir John St. cause between Sherlock and Annesley, as alo Court of Exchequer, in the proceedings in the against Alexander Burrowes, esq. late high sheriff of the county of Kildare, has acted in direct violation of the Orders and Resolutions of this House.

Resolved on the question, That sir John St. Leger, knt. one of the barons of his majesty's Court of Exchequer, in the proceedings in the cause between Sherlock and Annesley, as also against Alexander Burrowes, esq. late high sheriff of the county of Kildare, has acted in manifest derogation to, and diminution of High Court of Parliament in Ireland, as also of the king's prerogative of finally judging in his the rights and privileges of this kingdom, and the parliament thereof.

is the duty of the barons of the Exchequer, Resolved on the question, nem, con. That it where there is any wrong or prejudice done to the king, in matters lying before them, to inform the king, or the chief governor or gover nors of this kingdom, or the council.

of

Sherlock and Annesley, as it lately lay before Resolved on the question, That the case the barons of the Exchequer, being matter not laid before the king, the chief governor or goonly of law, but of state, ought to have been vernors of this kingdom, or the council of the prerogative, and the interest of the whole king. same: it so nearly concerning his majesty' dom.

Dissentient.-Jo. Meath, Welbore Kildare,

Henry Killalla and Achonry, Time. Kilmore and Ardagh, Donerayle, Mi dleton, Canc. Wm. Derry. bert, esq. lord chief baron of the Court of ExResolved on the question, That Jeffery Gilchequer, John Pocklington, esq. and sir John St. Leger, knt. barons of the same, in their proceedings in the cause between Sherlock and Annesley, and against Alexander Burrowes, acted contrary to law, and to the established esq. late sheriff of the county of Kildare, have

Resolved on the question, That Jeffery Gilbert, esq. lord chief baron of his majesty's Court of Exchequer, in the proceedings in the cause between Sherlock and Annesley, as also against Alexander Burrowes, esq. late high sheriff of the county of Kildare, has 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 the parlia-practice of the king's courts.

ment thereof.

Resolved on the question, That John Pocklington, esq. one of the barons of his majesty's Court of Exchequer, in the proceedings in the cause between Sherlock and Annesley, as also against Alexander Burrowes, esq. late high sheriff of the county of Kildare, has acted in direct violation of the Orders and Resolutions

Dissentient.-Jo. Meath, Welhore Kildare, Henry Killalla and Achonry, Time. Kilmore and Ardagh, Donerayle, Mi dleton, Canç. Wm. Derry. bert, esq. lord chief baron of the Court of Ex Resolved on the question, That Jeffery Gil chequer, having takes upon him to put in exe Resolved on the question, That John Pock-contrary to the final judgment of this High cution a pretended Order from another Court, lington, esq. one of the barons of his majesty's Court of Exchequer, in the proceedings in the cause between Sherlock and Annesley, as also

of this House.

Court of Parliament, in the cause between Sher lock and Annesley, is a betrayer of his majes ty's prerogative, and the undoubted ancient

into the custody of the gentleman usher of the Black Rod attending this House.

Dissentient.-Jo. Meath, Welbore Kildare,
Henry Killalla and Achonry, Timo.
Kilmore and Ardagh, Fitz-Williams,
Midleton, Canc. Donerayle, Wm.
Derry.

It is ordered by the Lords spiritual and temporal in parliament assembled, That Johu Pocklington, esq. second baron of the Court of Exchequer, shall, for the said offences, be taken into the custody of the gentleman usher of the Black Rod attending this House.

Dissentient.-Jo. Meath, Welbore Kildare,
Henry Killalla and Achonry, Timo.
Kilmore and Ardagh, Fitz-Williams,
Midleton, Canc. Donerayle, Wm.
Derry.

It is ordered by the Lords spiritual and temporal in parliament assembled, That sir John St. Leger, knt. third baron of the Court of Exchequer, shall, for the said offences, be taken

To the Proceedings in this Case, it appears that in the year 1769, reference was made in the Irish House of Lords: As to this I bere insert from the "London Museum" for May, 1770, the following article, which appeared to me to be curious in different respects. I think it not improbable that lord Mountmorres himself communicated the article to the publication from which I have extracted it:

"It passed in the negative.

"A motion being made that the following queries be referred to the judges;

"Whether the master of the rolls be a judge in England immemorially?-Whether the 3d of George 2, is not declaratory of the common Jaw?-Whether if he is a judge at common law in England, he is not also a judge here?—Whether by the 10th of Henry 7, it is not enacted, that all judicial officers shall be only during pleasure?-Whether, in that act of parliament, he is not expressly the clerk, or master of the rolls, is not enumerated expressly as a judicial officer-Whether a patent under which that office passed to the right honourable Richard Rigby for life be legal?

"It passed in the negative.

"Dissentient,

"1. Because we conceive that it is in the highest degree inexpedient to procrastinate the consideration of a measure, the high importance and the propriety of which appears to us to be clearly evident, for these following rea

sons:

"2. Because it is enacted by an act of parliament, of the 10th of Henry 7, in the following words; Item, praying the Commons, that in consideration of the great and manifold in'conveniencies that late were attempted there contrary to all natural allegiance, to the 'king's grievous displeasure, by the procurement, counsel, and exhortation of such offcers, as late had administration of justice, under the king, in that land, and such as were officers accomptants, and had their offices granted unto them by patent for term of life, by reason whereof they were the more bolder to misuse their such authority: therefore be 'it ordained, enacted, and established by the authority of this present parliament, that from this time forward no manner of person or persons that shall have ministration of justice, that is for to say, the chancellor, the treasurer, judges of the King's-bench, and Common Pleas, the chief and secondary baron of the Exchequer, the clerk or the master of the rolls, and all manner of officers accomptants, have any authority by patent in their such offices, but only at the king's will and pleasure: and if any grant afore this time, or hereafter be made, of any of the said offices, unto any person or persons there, contrary to the premises, the same to be deemed void and of none effect in the law; and by the same authority all and every manner act or acts, before this time made to the contrary hereof, < to be revoked and deemed void and of none ' effect in the law.'

"3. Because we conceive that the chancel

cause that in the subsequent session in the year Bedford, lord lieutenant of Ireland: and beEdward Poynings, the author of this law, and 1494, he was removed from his office by sir the seals were given to the prior of Lanthony, vide List of Irish Chancellors, by sir J. Ware, 2d vol. 109, though he had been appointed by the English interest, and though no crime or this clearly evinces that the seals were granted misbehaviour was alleged against him, because during pleasure in the times immediately preceding this law, and consequently an ordinance for that purpose would be needless.

lor of the Exchequer is virtually comprised "4. Because we conceive that the chancelunder the general words in the statute officers accomptants, as a principal revenue officer.

"5. Because, admitting that he did not come under the enumerative words of the statute, he certainly is comprehended under the general words, administration of justice, as a judicial officer, and consequently his patent for life is void.

"6. Because sir Edward Coke founds the fice of chancellor of the Exchequer, in these court of equity in the Exchequer, upon the ofwords; Hereupon it is collected, that seeing 'there has been, time out of mind, a chancellor of the Exchequer, it follows, that there 'should also be in the Exchequer a court of equity.' 4th Institute, 119.

been granted in England immemorially during
"7. Because it appears that this office has
pleasure. That the patents during the reigns
History of the Exchequer, 51, and that John De-
of Edward 1, and 2, were at will, vide Madox's
sandale acted there as a judge at that time. And
because, by an act of parliament of the 10th of
Henry 7, chap. 22, all the English laws and
force in Ireland.
customs previous to that period are made of

"8. Because the chancellor of the Exche quer has always been esteemed a judicial officer, and all bills on the equity side, should be directed to the chancellor, treasurer, and bathe lords of Ireland, in the great cause of Sherrons of the Exchequer; and it was affirmed by lock and Annesley, upon the deposition of Daniel Redding, esq. deputy remembrancer, sworn at the bar, that all bills or orders on the equity side, should be directed to the chancellor, treasurer, and barons of the Exchequer; if otherwise directed, that it would be error, and that the barons of the Exchequer were not warranted in obeying an injunction directed only to them, and in making use of the names of the chancellor and treasurer of the Exche quer, vide State Trials, and Lords' Journal of the 28th of July 1719, p. 319 and 483.

"9. Because it has been customary for the lor of the Exchequer is meant 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 custom before: and the history of those times informs us, that Alexander Plunket was made chancellor in the year 1492, by the duke of

sided to the great ease and benefit of the suitors in that court: and because the absence and neglect of the first officer of the Exchequer is a great loss to all the people of Ireland.

1321] against Lord Chief Baron Gilbert, &c.

"10. Because that the master of the rolls being expressly enumerated as a judicial officer in the act of parliament, we conceive that the patent by which that office passed to Richard Rigby, esq. for life is void.

"11. Because it appears that the master of the rolls is a judicial officer immemorially in both kingdonis: because though it was disputed formerly in England, whether he de. rived his power of hearing and determining causes in the absence of the chancellor, from prescription or from special commission, the Sd of George 2, chap. 30, to quiet those questions, ratifies all decrees made by him or his predecessors, in the absence of the chancellor, and declares that he has been a judicial officer time immemorial, because if he is a judge at common law in England, he is also a judge here by the 10th of Henry 7.

12. Because sir Edward Coke expressly says, 'That in the absence of the chancellor 'he heareth causes, and giveth orders.' 4th Institute, p. 97. Because his opinion in this respect has the greatest weight, as not likely to enlarge an equitable jurisdiction.

"13. Because no reason can be originally assigned for the separation of the judicial and ministerial power of this officer: and because that the clerk, or master of the rolls, are synonymous terms, resulting from this circumstance, that it was anciently the custom to appoint the first clerk, or master in Chancery, master of the rolls.

"14. Because though the administration of justice be expressly excepted in the patent, we conceive that the crown cannot sever the judicial from the ministerial power of an office; since, if it can do it in the case of one, it can do it in any office where they have been united.

"15. Because the residence of this officer was esteemed necessary formerly, seeing that one Henington, a master in chancery, in England, about the time of Edward 3, resided here as master of the rolls, and was allowed to hold his place as master in chancery in England, by deputy.

16. Because it appears that Christopher Wandesford, esq. master of the rolls, attended the House as a judge, and that he read the lord deputy Wentworth's commission for holding a parliament in the year 1634, by his order standing by the woolsack among the judges. Lords' Journal, 1634-8.

"17. Because it appears that a Petition was presented to his majesty, king Charles 1, in the year 1640, by the Lords of Ireland; representing that the master of the rolls was a 'counsellor of state, an officer of great trust and consequence, to give advice to the council 'board and in the court of Chancery, and praying him that that office might not be granted to any one who had not sufficient estate in 'this country, and who had not experience, quality, or reputation in the common-wealth, ⚫ sufficient to discharge the said trust faithfully, ⚫ nor to answer for any misdemeanors that may

A. D. 1719.

[1322 'be committed in the undue execution of the 'said place.' Lords' Journal, 1639–411.

"18. Because that this disadvantage attends granting judicial officers for life, that age or infirmity may disqualify them for their offices.

"19. Because though this office has frequently been granted for life, since the 10th of Henry 7, yet no inference can be drawn from thence, as custom cannot be pleaded against an act of parliament. 1st Institute, 115.

"29. Because we humbly conceive that judicial officers should be selected from men of knowledge and of the profession of the law.

"21. Because a legal disquisition of this subject was studiously avoided in the debate, and because that a reference to the judges was denied, upon a presumption that this enquiry might come before them in another capacity; an objection that would operate equally well in every other case, since there is no legal point which may not be cognizable in their respective courts.

"22. Because we conceive that the absence of these two great judicial officers is a heavy grievance to this country, creating an accumulation of business in the Chancery, deferring suits for want of an assistant, in case of the absence or indisposition of the chancellor : for these reasons we have thought it our duty to transmit reasons, which to us appear irrefragable, to the unerring judgment of the public and of posterity, and to exempt ourselves in the minds of thinking men, both here and in another kingdom, from that obloquy which falls upon the legislature of this country, for their acquiescence under the evident violation of the express words of an act of parliament.—Mount

morres, Moira, Charlemont, Louth, Powerscourt, Southwell, Longford, Lisle."

By stat. 41 Geo. 3, c. 25, U. K. (which was enacted presently after the Union of the two kingdoms, see the British stat. 39, 40 Geo. 3, c. 67, and the Irish stat. 40 Geo. 3, c. 38,) the master of the rolls in Ireland was constituted an active judicial officer.

By the statute 6 Geo. 1, c. 5, "for the better securing the dependency of the kingdom of Ireland upon the crown of Great Britain," it was declared, that the Peers of Ireland had no jurisdiction to affirm or reverse any judgments or decrees whatsoever. This act was repealed By statute 25 Geo. by stat. 22 Geo. 3, c. 53. 3, c. 28, the right claimed by the people of Ireland to have all actions and suits instituted in that kingdom decided in his majesty's courts there finally and without appeal from thence, is established and ascertained for ever, and at no time to be questioned or questionable, and all Writs of Error and Appeals in the English courts respecting such actions and suits shall be null and void. As to the consolidation of the British and Irish Peerages, see the British act, 39, 40 Geo. 3, c. 67; and the Irish acts, 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 :† 5 GEORGE I. A.D. 1719.

October 30, 1719.

AT the Sessions House, in the Old Bailey, the 14th October 1719, the prisoner, John Matthews, was brought to the bar, but on the mo tion of the prisoner's counsel, and on producing an affidavit of one Carroll, the Court adjourned to the 16th: when the Court met again, the prisoner being brought to the bar, Mr. Justice Tracy, and Mr. Baron Price, attending,

turned without an addition of the place, of his dwelling or abode, or some other addition, by which the party named may be known.*

The judges then present differed in their opinion, and ajourned to another day, to take the opinion of the rest of their brethren, to whom the said judges that attended made their Report, and on the 30th of October, the Court met again, when eleven judges attended, (viz.) lord chief justice King, lord chief baron Bury, the judges Powis, Blencow, Price, Tracy, Eyre, Montagu, Fortescue, Page, and Dormer, (lord chief justice Pratt absent) who all agreed, that the city of London was not within the meaning of that act, and that the pannel was a good and legal pannel; and the trial ought to go on.-Accordingly the jury were called over, and after a great many were challenged by the prisoner, the following were sworn: JURY.

An objection was made by the prisoner's counsel, that by the statute of the 7th king William, the prisoner in the cases of high treason, is to have a copy of the pannel duly returned by the sheriff, two days at least before the trial; and that in the copy of the pannel so delivered to the prisoner and returned by the sheriffs of London, was inserted the names without the addition of parish, ward, or place of abode. And the question was, whether this is a right pannel, according to the act of the 27th Eliz. ch. 7, the title of which act is, that Thomas Clarke, no juror shall be returned without an addition Robert Thorp, of his dwelling place, &c. And for that pur-Elias Turner, pose the act provides, that no juror, whether Richard West, living within or without a liberty, shall be reWilliam Smith, Robert Smith,

"By a gentleman, who was at Rome in September 1765, we are informed that the Pretender was declining in his health very fast; grown superannuated and childish; was never visited, or seen by any body, but those immediately attending upon him. He died at Rome, January 1, 1766.*-Thank God, Jacobitism is in a manner extinct, and all the hopes of the Pretender and his adherents, at an end: so we shall close the trials relating to the late unnatural rebellion in 1745-6, with the trial of one who suffered for asserting those weak doctrines of Hereditary Right, and the Rights of the Pretender, &c. which have occasioned the effusion of so much blood and treasure in these kingdoms; and we hope his present most sacred majesty king George 3rd, may enjoy a long, very long, peaceable and quiet reign, over a free and happy people; and after him, a succession of princes sprung from his illustrious House." Former Edition. As to the Pretender, See Vol. 12, pp. 123, 144, et seq.

This Trial was taken in short-hand, with leave of the Court, by Mr. J. Shayler.

* See Leach's Hawkins's Pleas of the Crown, book 2, c. 49, s. 54.

Charles Fox,
Nat. Michlethwaite,
John Thompson,
Morgan Atkinson,
Richard Guy,
William Kent.

L. C. J. Are they all sworn?
Cl. of Arr. Yes, my lord.
L. Č.J. Then read the Indictment.

THE INDICTMENT.

"London. ss. Jur' pro Dno. Rege sup' Sacram' suum p'sentant qd. Joh'es Matthews de London Typographus existens subdit' serenissimi Dni. Georgii modo Regis Magne Brit tannie Franc' et Hiberniæ, fidei Defensor, &c. timorem Dei in Co. suo non h'ens nec debit, ligeanc' sue ponderans sed instigatione Diabolica mot' et seduct' ut falsus Prodit' contra dict. Dum. Regem nunc suprem. verum leg' et indubitat' Dnum. suum cordialem amorem

The little Tract, entitled, "The Method of Trial of Commoners, in Cases of High Treason," published in the year 1709, by Order of the House of Lords, directeth," that the additions of dwelling-places, and professions of the jurors, be inserted in the copy of the pannel :" But the act doth not require that exact ness, and the practice is otherwise. Foster's Reports, p. 230. But see 7 Aune, c. 21. Former Edition. See also Leach's Hawkins's Pleas of the Crown, book 2, ch, 39, s. 16.