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Show I 54 I I 55 ] And though the ~Do€trine is unconftitm tional and dangerous, if admitted in a ge~ neral unlimited fenfe(2); yet, in jul'tice to Judge Huffey, it mufl: be allowed, that his Declaration was certainly right with refpeft to the particular cafe then before him, whichielated to the exportation cg" him, gbozisjrom Waterford: for, the Irilh fubu jeé'cs themfelves do not deny the jurif- diétion of Great-Britain. upon the high Seas, nor in matters of external (3) come merce, though the Englilh power, even in, that refpeét, may fometimes perhaps have been extended farther than reafon and) (2) Which is clearly proved by Sir Richard Bolton, Chancellor of Ireland, in the Declaration, EfJ'r. printed in Harris's Hibernica, p. 29.-" As to the Opinion of " Huffy, Chief Jultice, in firfl: of Hen. 7. fol. 3. tba.‘ " tlze Statute: made in England[ball bind them of Ireland, IIIUUIIIIIIII ‘ A'M ,. . ‘t this Opinion, as it is put by him generally, tannot 5e 'UA<l-l equity can fairly warrant. But before Lord Chief Jufiice Huffy delivered his, opinion, this proper diftinétion, concern; i‘ng the Engli'fh Aéts binding the Irifh in. " law; for Brooke, in abridging that tafl: in title Par- " liament, Seé‘t. 19. faith, that that opinion rum: denied to external Tran/afiz'om, had- been made‘ " be law, 1/5: lafl term defore; and added further, 1a" men nota, that Ireland is a Realm of ig/e/f, and bulb a (in his abfence) by the other judges in. " Parliament in iifelf; impiying tliereéy, that Ireland ‘5 tau/d not 5: hound all! A} a Parliament of Ireland. And a preceding "according to that, is the opinion of the Judges in " 20th Hen. VI. fol.- 8. in John Pilkington's cafe; and "in 2d Rich. III. fol. n. in the Merchants of Wa" terford's cafe, before remembered; and likewife'con- " trary to the opinion ofHui'I'y, are the judgements of ‘f eight feveral Parliaments in Ireland before the Sta" tute of 10th of Hen. VII. viz. 13th of Edw. II. " 19th ofEdw. II. 18th of ch. VI. 29th of Hen. "VI. 32d Hen. VI. 37th Hen. VI. and 8th Edw. " IV. And lines the Statute 10th Hen. VII. of five " Parliaments; viz. 28th of Hen. VIII. 33d ofHen. " VIII. 28th of Eliz. 11th of Jam. and 10th Car. "‘ halides the Statute of Ioth of Hen. VII. itfclf." (3) This‘binding in external tranfaé'tions, feems tdb'e' allowed (though unwillingly) by Mr. Mollyneux, (a zealous afferter of the liberties of Ireland in the Reign of King William.) "They feem" (fays he, {peaking of Englil'h Aéts of Parliament) " at the in. " molt reach, to extend the juriidifiiorr of the Englifh' " Parliament over the fubjeéts of Ireland, only m rela, " tion to Meir aflion, beyond/Ear, out of the Realm qureg " land; a} the} are tire King qunglana": flbjefh," 5th,, p, 7 I. |