Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	parliament_n	reverse_v	1,554	5	12.7527	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26165	An answer to Mr. Molyneux his Case of Ireland's being bound by acts of Parliament in England, stated, and his dangerous notion of Ireland's being under no subordination to the parliamentary authority of England refuted, by reasoning from his own arguments and authorities.	Cary, John, d. 1720?, attributed name.; Atwood, William, d. 1705?, attributed name.	1698 (1698)	Wing A4167; ESTC R9464	73,026	218

their Jurisdiction be much less than that of Ireland yet it is a certain Jurisdiction so firmly establisht as that it 's held that it cannot lawfully be taken away or altered by any Power in England but the Supream Legislature and that it must stoop to and the same the Lord Chief Justice Cook says of this distinct Dominion of Ireland that notwithstanding it hath a Power Jurisdiction and Authority which is compleat within it self yet it must pay Obedience to the Supream Legislature of England whenever any Extraordinary Occasion shall make it needful for that to name it specially and therefore the Tenour of his Judgment upon this whole Matter shews that by his terming them no part of the Kingdom of England because they have such a distinct administration among themselves he does not in the least intend that they should be lookt upon so separated as to be out of all Reach of the Supream Imperial Authority of England so that in all this there appears no Inconsistency he never asserts what Mr. Molyneux assumes that the King and Parliament in Ireland is a Legislature equally as Supream as that of the King and Parliament in England and it must be very unaccountable in any one to do so who knows that all Irish Acts of Parliament must be approv'd in the Privy Council of England I 'll warrant him they 'll take care that they shall never Enact different or contrary Sanctions so that he need not from this fear the Consequence of Ireland's having two Supreams He hath one Touch more at the Lord Chief Justice Cook he quotes him saying If a King hath a Christian Kingdom by Conquest as King Henry the Second had Ireland after the Laws of England had been given them for the Government of that Country c. no succeeding King could alter the same without Parliament Which by the way seems nothing contradictory to all that Mr. Molyneux hath quoted of what he says concerning Ireland but is a farther Indication that his Opinion was always steady that the King and Parliament of England and not the King alone held the Supream Authority over Ireland And now he Hath done with this Reverend Iudge and I am very glad on 't because I doubt I have tyr'd my Reader with such an abundance that I have been forc'd to say for the Judg's Vindication but to make amends I 'll try to divert him a little by telling a short Story upon my self When I was a Boy I thought once that I had espy'd a fault in a performance of my Master's and I had the assurance to tell him on 't he first fairly convinc'd me that I had not taken the thing right and then very gravely told me with a bent Brow that 't was more like my Boyish Confidence to find Faults where none were than the Solidity of his stronger Judgment to commit such Now for Pilkington's Case The King first grants a Patent for an Office in Ireland to be held by Pilkington or his Deputy but after this the same King grants the same Office to A who who sues for it and pleads an Act of Parliament in Ireland that no Person might execute any Office there but in his own Person on pain of Forfeiture he proves that Pilkington acted by a Deputy the Iudges thereupon decide in favour of A. What 's this to the Parliament of England's Jurisdiction over Ireland it shews no more than that the Judges of Ireland were of the Opinion that the Kings Letters Patents could not over-rule an Irish Act of Parliament Indeed he tells us that in the Pleadings 't was offer'd That Ireland time out of mind had been a Land separated and distinct from England and ruled and governed by its own Customs that they could call Parliaments within themselves c. It seems two of the five Judges held this Prescription void and thô I will not dispute as it seems they did about the Word Prescription yet 't is well known that what Jurisdiction they had was granted them by the Supream Authority of England and I know no Body denies it them only we cann't admit them to strain it beyond what was ever intended It says further that Two of the Iudges affirm'd and the other three did not deny that a Tax granted in England could not affect Ireland except it be approv'd in the Parliament in Ireland This is not what we Contest about I never heard that England did ever raise Taxes upon any Members of her Empire without the Consent of their Representatives As for the Merchants of Waterford's Case we have both said enough to that already That of the Prior of Lanthony in Wales comes next He sues the Prior of Mollingar in Ireland for an Arrear of an Annuity and obtains Iudgment against him both in the Common-Pleas and Kings-Bench in Ireland Mollingar Appeals to the Parliament in Ireland and they Revers'd both Iudgments upon this Lanthony removes all into the King's Bench in England but that Court would not meddle in it as having no Power over what had pass'd in the Parliament of Ireland Lastly He Appeal'd to the Parliament of England and it does not appear that they did any thing in it What of all this The Court of King's-Bench in England although they had Authority to determine upon Matters brought before them by Writ of Error out of Ireland yet they did not believe they had any Power over the Parliament of Ireland Doubtless they were in the right but it seems 't was then believ'd that the English Parliament had else Lanthony had never Petition'd but it does not appear that they did any thing upon this Appeal the Petition only being entered at the end of the Roll Why that 's a plain Sign that 't was the very last thing of the Session and the Parliament was Dissolv'd Prorogu'd or something before they could go upon it or perhaps the Matter was agreed or the Prior's dead before next Sessions or fifty Reasons more that might be offer'd against his sleeveless Suggestion That the Parliament of England did not think themselves to have a Right to enquire into this Matter because nothing more than the Petition is found upon Record but I 'll tell him a better Reason of our side 't is not probable that they would have receiv'd the Petition if they did not believe they had Right to decide upon it The next thing is about the Acts of Recognition and this he begins with an ingenious Confession That the Kingdom of Ireland is inseparably annext to the Imperial Crown of England and the Obligation their Legislature lies under by Poyning's Act makes this Tye indissoluble This is enough to make out all our Pretensions upon them 't is strange to see a Man writing a Book against the Natural Consequences when yet he so easily agrees upon the Premises The Imperial Crown of England denotes the Supream Authority of the Kingdom the Material Crown is but a Badge of this

Authority and is given to the King not as his own separate Propriety but as an Ensign of the Authority which he enjoys as Head of the Kigdom if any Body should steal this Material Crown and break it to pieces as Bloud did the Supream Authority of the King and Kingdom remains entire and inviolated This Supream Authority always resides in the Legislature which in our Constitution is inseparably vested in the King Lords and Commons there can be no annexing to the Imperial Crown of England distinct from the Supream Imperial Authority of the Kingdom if any Territory shall be annext to this Imperial Crown it must become a Member of the Empire otherwise 't is no annexing and because there can be but one Supream Legislature every Member or part of the Empire must be in some Subordination to that Supream Legislature whatsoever other Jurisdiction it may retain as necessary to its own particular Regulations within it self otherwise it can be no Member but must remain a perfect Body of it self I think these are Positions that won't easily be disprov'd and we have a compleat Instance of them in the Kingdoms of Scotland and Ireland as they stand related to England Scotland is an ancient distinct and saving the old Pretensions of England upon them independent Kingdom hath an Imperial Crown of its own worn by a long Succession of Kings whose Posterity came to inherit the Kingdom of England and remove their Seat hither yet 't was not in their Power to annex the Kingdoms without their Joint Consent so that they remain an intire Sovereign Kingdom govern'd according to their own Constitution without any Subordination to England to this day and therefore in the late Happy Revolution when King William and Queen Mary had obtain'd the intire possession of the Crown of England they did not pretend to that of Scotland 'till the States of that Kingdom had conferr'd it upon them by a free Election On the contrary Ireland whatever it was anciently was no intire Kingdom when the English first took Possession of it but divided into many Jurisdictions under Petty Princes it had never any Diadem or Ensign of Royalty that ever I could hear of it was entirely subdued and brought under the English Government by Conquest as all Authors except Mr. Molyneux agree it was brought into the form of a Kingdom and afterwards had that Title conferr'd upon it and was endow'd with Laws and a Constitution of Government by the Authority of England who from the Beginning reserv'd and exercis'd a Superiority over them and Mr. Molyneux being quite mistaken in the Grant made to King Iohn it was never separated from being a Member of the Empire of England but even as Mr. Molyneux confesses remains annext to it to this day The Supream Legislature of England then in being presented the Title of it to King William and Queen Mary at the same time with that of England without asking the leave of the People of Ireland in like manner they have proclaim'd all the English Kings with that Title at their first Accession and have as he owns concluded Ireland in all Acts of Recognition What if the Parliaments of Ireland have also recogniz'd 't was but to own their Allegiance our Kings were as effectually vested in the Dominion over Ireland before by the Authority of England and double doing in such a Case can be no harm neither can this be any Argument to prove Their having all Iurisdiction to an Absolute Kingdom belonging or that they are not subordinate to any Legislative Authority on Earth Now he tells us As the Civil State of Ireland is thus absolute within it self likewise so is the Ecclesiastical and just so it is but that is without any absoluteness in either The multitude of the Native Irish and the Old English were doubtless very averse to the Establishment of the Reformed Religion because they have continued Rom●n Catholicks ever since and yet this Reformation was begun there by no other Authority than an Order of the King and Council in England to the Lord Deputy to Cause the Scriptures and the Common Prayers to be us'd there in the English Tongue from whence 't is evident that they did not then think their own Ecclesiastical Jurisdiction so absolute as that they could oppose it to the Authority of England He quotes a Record out of Reyley That Edward the Second upon a Motion of his Parliament at Westminster had sent his Letters Patents to the Lord Iustice of Ireland that he should Order that the Irish might enjoy the Laws of England concerning Life and Member From whence he infers That the Parliament did not then think that they had Iurisdiction in Ireland otherwise they would have made a Law themselves to this effect Can this be any more than an Instance of what I have all along said that our Parliaments have always been willing to leave the Peop●e of Ireland as much as possible to the Exercise of their own Form of Government in Matters relating to themselves and not to interpose their own Supream Authority but upon Extraordinary Occasions wherein the Welfare of the whole was concerned But can it be any Argument that they thought they had no such Authority because they did not think ●it on this Occasion to use it Mr. Molyneux finds that the lying of a Writ of Error from the King's Bench in England on a Judgment given in the King's Bench in Ireland lyes heavy upon him and therefore he labours mightily and turns it every way to get rid on 't first he says 't is The Opinion of several Learned in the Laws of Ireland that this is founded on an Act of Parliament in Ireland which is lost How Learned soever this Opinion may be I am sure 't is not very Judiciously offer'd here for no Body will believe that the Legislature of a Kingdom that thought it self absolute could do so foolish a thing as to make a Law themselves that should put them under the Administration of another Kingdom in so high a point as the Controuling all their Judicatures and therefore if ever they made such an Act of Parliament 't is not to be doubted but that at that time they were very sensible that whatsoever Authority they had among themselves was all deriv'd from and in perpetual Subordination to the Supream Authority of England Indeed he comes and says after That this Suit is made to the King only the matter lies altogether before him and the Party complaining applyes to no part of the Political Government of England for Redress but to the King of Ireland only who is in England That the King only is sued to the Law books make plain c. for above two Pages Fine very fine spun are these Arguments but withal so extream ●light that they won't hang together If the King was ever us'd to ●it there in Person was there not always four English Judges constituted in that Court whom