OCR Text |
Show [ 59 ] ccntroul of England ; and, therefore, there was no reafon Why they {hould " mud; " deny" the opinion ofChief Jui'tice Huffy, fince the particular cafe before them did not require it. thould not be bound in the latter by any other laws than thofe to which their own Parliament had aiTented, viz. " uz'a " 72012 bz'c babe/21‘ Mz'lz'z‘er Parliamem‘i :" which Doctrine was agreeable alfo to What had long before been declared by But the like excufe cannot be made that celebrated confiitutional Lawyer, the for Sir Edward Coke, who, in Calvin's great Judge Fortefcue on Pilkington'sw). cafe, feems to have adopted the opinion of Chief Jufiice Huffy, and yet has not cafe, in the 19th of-Hen. VI. which was readily admitted at the fame time by coafidered the nature of the cafe on which Judge Port‘ington, and (for any thing that appears to the contrary) agreeable . alfo to the opinion of all the other Judges that were then prefent; for, Sir Richard the fame was delivered, having declared a fimilar opinion in an indifcriminate ger neral fenfe (5), without paying the leaft regard to that fly} dwr‘nfiz'orz between i173 external and interim] Government of Ireland, which the other Judges had before fo clearly laid down and confirmed by an unanfwerable reafon {6) why the lrifh fhould (5) " That albeit Ireland was a difliné‘t Domin ion Calvin's Cafe (6) See the former note in 6 u - . Qua m" h": ha " Afcougb." at nuxi la terre de Ireland ell fevere dvi' (7) " " Roiziume d' :Xngleterre: car it un difme ou quin" zimc ibit granite icy, cco 212 [fem crux d'I,»'5[tz2;./ " cn lteland foul): {on Grand Seel, finon que ils yeul' " en lcur Patrliament ceo approver mes s' ils venl al- " luwer ceo, donq {era tenu la et ils feront lies par " icel'." , " bent Milites Parliainenti,a,P 5 ' I z " mefq; le Roy manderoit m cel' ellat" (for ellatute) " yet the title thereof being by conqueft, the fame by "Judgement oflaw, might by exprefs words be bdund " by Act of Parliament of England." 7th Rep. p. 444. Bolton remarks, that this was not " de" nied by Markham, Yelverton, and Year Book 19th Hen. VI. p. 8. |