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Show [ 62 ] [ 63 ] " the King fliould fend the fame Statute "into Ireland under his great feal, ex- " and they {hall be bound by it." And " cept they will in their Parliament ap- to this point Judge Portington exprefsly "prove it; but, if they will allow it," declared his afi‘ent (9), " Jen veux bien" (fays he) and then alligns the incontef- " (226.) " then it {hall be held there, tible reafon, "par ceo," becaufe they " and» (the Irifh fubjeéts) " have 720 fitmmom " fithens the conquefi of this Realm of Ireland, it " hath been ufed in this fame Realm of Ireland, that " at every fuch time, as it hath chaunced the fame Realm " to be dcfiitute of a Lieutenant, Deputy, Juflice, or " other had Governour, by death, furrender, or de. " parture out of the faid Realm, or otherwife, the " Conncil or this Realm of Ireland, for the time be- " ing, have ufed, by the laws and ulages of the fame,= " to alfcmble themfelves toget/Jer to t/aoo/e and 21:37 as ",juflire, to (32 Ruler 1172.1 Governor of this Realm, till " the King's Highnefs had deputed and ordained a. " Lieutenant, Deputy, or other Governor for the fame" Realm; which Jultice, {0 being eleéted, was, and " hath been, always by the ancient laws and cufloms‘ " of this {aid Realm of Ireland, a-uthorifed to do and " exereife the {aid roume of Deputy there, for the good " rule and governance, and leading ofthe King's {ub- " jeéts within the {aid Realm of Ireland, and in mi" riftration of Jullice, with divers other authorities " pre-eminences, andjurifdiétions there; which ufage, " eleé‘tion, and authority of the {aid Juttice, hatli " been many times ratified and confir med by divers " Statutes in this Realm provided and made. But this " order of election ofa Jullice is now, by the {aid Sta" tute of 33d of Hen. Vlll. altered ; as by the {aid " Statute more at large may appear." , " wit/J us to come 1‘9 Parliament." But Lord Coke has unfortunately ne- gleéted to weigh the importance of this juf't Rafa", and confequently has been led to mifconl'true the doé'trine to which it has at difl'erent times been applied by the Judges; for, in Calvin's Cale, (7th Rep. p. 447.) he cites the opinion of the Judges in 2d Rich. III. beforementioned, ‘ ‘vz'z. " That Ireland hath a Parliament, " and they make laws, and our Slatm‘es " do not hind t/aem:" and he cites alfo their reafon, viz. " bmzzfi they do not "find (9) " et auxi quanta ceo que Fortefcue addir, " que ii un Difme foit grante en 1e Parliament icy, " tea as liera (aux (1' Ireland ; yea rueux Mm pur (£0 que " z'l: n'mt commandment ove nous per breve de venir al' " Parliament." Year Book, 19th Hen. VI. 13. 8. |