Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bench_n	error_n	writ_n	1,901	5	9.4640	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B04178	The Lord Bishop of Londonderry's case: with some reasons humbly offered to the consideration of the Lords in England, to induce their lordships not to take cognizance of an appeal lately brought before them by the Society of Assistants in London for Ulster in Ireland, against an order of the House of Lords in Ireland, made the last sessions of Parliament there.	Sloane, James.; Annesley, Francis, fl. 1707.; England and Wales. Parliament. House of Lords.	1698 (1698)	Wing L3041; ESTC R180058	6,739	4

novo sigillo Regis Mandatum est Archiepiscopis c. Quod propace tranquilitate ejusdem terrae per easdem leges eos Regi deduci permittant eos in omnibus sequantur In cujus c. Teste Rege apud Wudstock 19. die Septembris Pryn's Anim. 286. 29. Ed. 3. King Edward the IIId in the 29th Year of his Reign by Advice of his Council made an Ordinance Reciting That whereas many of the Kingdom of Ireland by reason of their great labour charge and expence in coming for England to be redressed and to seek for Justice have been reduced to great misery and want and wholly ruined which the said King and Council taking into Consideration for the quiet and good Government of the people of Ireland Ordained that in all Cases whatsoever Errors in Judgment in Records and Process in the Courts of Ireland shall be corrected and amended in Parliament in Ireland Co. 4 Inst 12. Selden 's Titles of Honour part 2. cap. 5. sect 26. The Modus tenendi Parliamentum Was Exemplified and sent over by H. the IId the same in words with that in England and in the end of it it is said that things in Ireland may be examined and corrected in pleno Parliamento non alibi and my Lord Cook mentions the words of the old Record Terra Hiberniae intra se habet Parliamentum omnes omnimodas curias prout in Anglia idem Parliamentum facit leges mutat leges illi de eadem terra non obligantur per Statut in Anglia quia hii non habent milites Parliamenti and my Lord Cook mentions another old Roll of Parliament Rot. Pat. 10. Ed. 2. Co. 4. Inst 350. De Parliamentis tenendis singulis Annis in Hibernia which was likewise the old Law of England but till the Dissolution of the Parliament there in 1665. this Law by frefrequent Parliaments were more duly observed there than in England St Hib. 10. H. 7. cap. 22. And there they have from time to time made their own Laws and in the Tenth H. 7th by one Act made all the Statutes of England of force there which includes as well the Statutes relating to the Rights of Parliament as other Statutes And since that time they have by particular Acts there Re-enacted such subsequent Acts of England as they thought good for them And if the Lords should take Cognizance of such Appeals the same inconveniences and vexations would attend the poor People there which induced the Parliament to take away the High Commission Court here for that it brought People from the remote parts of the Kingdom before them whereas they might with less trouble and expence have had Justice in their Courts at home It likewise agrees with the Reasons of the Two Ancient Statute of England mentioned by my Lord Cook in the Third of R. Second Co. 4. Inst 356. Rot. Pat. 3 R 2. nu 42. That Persons having Estates in Ireland should reside there else half of their Estates to go to maintain the Forts against the Irish And it was the great mischief of Ancient times in England that People were carried out of the Kingdom by Appeal to Rome and poor People not able to follow them thereby utterly undone and should the Lords of England at this day inquire into Mischiefs and Inconveniences if your Lordships hear this Appeal and unsettle things done by the Lords there besides the endless trouble to their Lordships the vexations and expence to the People it would be of infinite mischief and disturbance to most of the Titles and Families who are now there in peace and acquiesce on what has been done there and if your Lordships take Cognizane of this you may by the same reason take Cognizance of all other Things Orders and Proceedings whatsoever there The Exercise of the Jurisdiction of the Parliament in Ireland both of Ancient and later times appeareth to be as in England by their taking Cognizance of Impeachments Writs of Error and Appeals Some instances whereof are hereunto annexed though many of the Records and Journals of the Parliament of that Kingdom have been by the many Troubles and Rebellions there burnt and destroy'd yet it doth appear That the Lords there have from time to time exerted their Jurisdiction as aforesaid and all their Orders and Judgments have till now stood firm and that they have as near as they could from time to time in their Rules and Methods of Justice and Proceedings followed the Presidents that Your Lordships and Your Noble Ancestors made here Obj. 1 It is Objected That a Writ of Error lies to the King's-Bench in England from the King's-Bench in Ireland And it is so but then that has had a constant allowed usage to warrant it and it does not follow because a Writ of Error lies to the Kings-Bench here that therefore Appeals would lie from the Chancery there to the Chancery here which might be as reasonable to be done but never was attempted It is likewise Objected That there lies an Appeal from the Chancery there to the Lords here and it is true that some but very few such Appeals have been brought and these few only very lately and occasioned by the want of the Parliament Sitting in Ireland and passed sub Silentio without any opposition in that respect Another Objection is made from Poining's Law in the Tenth of H. Seventh St. 10. H. ● cap. 4. but that is nothing at all to this purpose for it concerns only the appointing a new Method and Form of passing of Acts of Parliament there that they must be transmitted and approved at the Council-Board in England but that alters nothing of their judicial power or capacity so long established and enjoyed by them Another Objection is made That Ireland would be independent of England and which is very undeserved if any body consider how unanimous and zealous the Protestants of Ireland have very lately and on all occasions appeared for the English Interest there to the loss of their Lives and all they had and how little able they are to support themselves without the Assistance and Protection of England And the weakness of the Objections appears yet the more for the same Argument may be made against their having any Parliament to sit in Ireland for if they be allowed to have right to a Parliament they must also be allowed the right of Parliaments which they have hitherto exercised and enjoyed For which Reasons 't is humbly hoped Your Lordships will not take any further Cognizance of the said Appeal James Sloane Fra. Annesley An Abstract of some of the Presidents in Ireland which were certified from thence by the Lords Justices and Council there to Your Lordships 8 H 6. M. 70. Prynn's Animad 313 314. THE Prior of Lanthony removed by Writ of Error a Judgment in the kings-Kings-Bench in Ireland to the Parliament of Ireland which was affirmed there Afterwards the Prior

removed the Record into the kings-Kings-Bench in England but the Chief Justice and the rest of the Judges being of Opinion that they could not reverse a Judgment given in the Parliament of Ireland or take conusance of any matters in their Parliament there the Prior petitioned the Parliament of England setting forth the said Proceedings and prayed Redress but the Parliament here did not think it conusable before them and therefore no Answer was ever given thereto or any Proceedings thereon Nota The Judges of the kings-Kings-Bench in England were then of Opinion That the Parliament of Ireland had a good Judicature Rot. Hib. 26. H. 6. cap 34. In a Case between Chambers and the Barons of the Exchequer the Parliament there reversed a Judgment given in the Exchequer Rot. Parl. Hib. 27. H. 6. cap 16. In a Case between the Baron of Galtrim and the Earl of Shrewsbury on a Petition to Parliament it was ordered that a Stop should be put to the taking out of Executions on a Scire facias issued on a Recognizance in Chancery Rot Parl. Hib. 27. H 6. cap. 25. Parliament ordered on Petition That the Petitioner be quieted in the Possession of the Treasurership of Limerick pursuant to a Decree of Chancery he having been dispossessed by virtue of the King's Letters and Privy Seal out of England Nota This Record shews that the Parliament intermeddled in matters which concerned the Chancery and also the King in which he acquiesced Rot Parl. Hib. 7. Ed 4 c 47. Anne the Wife of Sir William Welles Knight and Richard his Son Executors of the said Sir William and Matthew Philips Judgment given by the Lords in this Cause 25 July 1634. It was in Parliament declared That an Adjournment of the House of Lords was necessary it being a Court of Law the highest in the Kingdom that sends Writs of Error to the kings-Kings-Bench 20 Nov. 1634. The Lords of Ireland order that the Officers of their House should receive their Fees in Irish Money but in Cases of Bills or Suits commenced in the House between Party and Party the Clerk shall receive the same in English Money as in England 27 Feb. 16●0 An Impeachment brought up from the Commons to the Lords by Audley Mervin against Sir Richard Bolton Lord Chancellor and others 24 May 1641. Declaration and Protestation of the Lords and Commons of Ireland That the Court of Parliament in Ireland is the Supreme Court of Judicature to hear and determine all Civil and Criminal Causes whatsoever as in England 20 May 1661. Petition of Nicholas Darcy to the Lords in Ireland That the Lord Chief Justice should Seal a Writ of Error and give Copies of Records to the Petitioner and heard Council 15 June 1661. By the House of Lords of Ireland Ordered That the Church be immediately restored to all their Possessions 5 July 1661. Ordered That the Lord Chancellor do Seal a Writ of Error in the Case of the Lord Clancarty's Outlawry returnable in this House 27 July 1661. Lord Viscount Ranelagh's Petition and Appeal from the High Court of Chancery to be relieved against a Decree made there Anno 1658 at the Suit of Dame Catherine Bingham and John Paulet Gent. Upon hearing of the said Cause the said Decree was Reversed 2 June 1662. Ordered by the Lords House that the Bishop of Derry be put in Possession of Termonderry near London-Derry the said Bishop having been in Possession thereof in 1641. Nota This was part of the Land which is now in Dispute 24 June 1662. The Cause between Theophilus Lea and William Leslie concerning matter of Title not coming hither by way of Appeal from any other Court Ordered That the Cause be therefore dismissed from the House to the Common Law 20 Dec. 1662. Kean ó Hora Uxor against Robert Parkes Esq Defendant Parks obtained a Judgment in the king's-King's-Bench against the Plaintiff which Judgment was removed by Writ of Error into the House of Lords upon which a Scire Facias issued to the said Parkes and the return thereupon made and a day appointed for Arguing the Errors 9 Feb. 1662. Ordered by the Lords That some of the Judges prepare a Draught for the House that no cause or matter in difference between Party and Party which may be determined in any of his Majesty's ordinary Courts of Justice or Equity shall be admitted to receive Hearing before the House except in case of Appeal Writ of Error or Matter of Priviledge 19 Mar. 1662. Petition and Appeal of Lord Viscount Ely of Loftus against a Judgment obtained against his Father Lord Chancellor Loftus at Council-Board before the then Lord Lieutenant and others and several other Proceedings in the Courts of Law there had upon the said Judgment and several Orders of the House thereupon 29 Octo. 1695. Appeal of the Earl of Meath and Cecilia Countess of Meath his Lady against the Lord Ward from a Decree made in the Chancery of the County-Palatine of Tipperary by which certain Lands were Decreed to the Lord Ward the Decree Reversed and the Possession of the said Lands restor'd to the said Earl 29 Octo. 1695. Appeal of Samuel Maynard against an Order conceived in the Chancery Court of the County Palatine of Tipperary directing an issue at Law on hearing the said Appeal was dismissed