OCR Text |
Show l 61 l l 60 ] Sir John Fortefcue " teenth were granted here, this fhould" had declared, that, " if a tenth or fif~ " teenth " not bind thofe ofIreland, even though " the "Afcough (8)." (8) The cafe is dated by Sir Richard Bolton, Chancellor of Ireland, in his Declaration, &c.. print- ed in Harris's Hibernica, p. 15. as follows: "That " one John Pilkington brought a {tire facias againft "- one A. to thew caufe, why Letters Patents, " whereby the King had granted an office in Ire- ""itlium, " " " " " " and that the King, by his Letters Patents, granted the faid office, {0 become void, to the {aid A. and prayed that the {aid Letters Patents {hould be efi'ec- tual, and not repealed ' And upon the plea the {aid john Pilkington demurl'ed in law. In the ar- gument of-which cafe, it was debated by the judges, " land to the faid A. {hould not be repealed, whereas, "- the {aid John Pilkington had the fame Oflice grant~ :: trad him by former Letters Patents granted by the " Valee King, to occupy to himfelf or his Deputy. " erenpon the {aid A. was warned and. appeared, " and faid, ‘ That the [and ofIre/and, time 69mm! 1/25 " Yelverton, Fortefeue, Portington, manor} of: man, bat/J been a [and/sprawled and floured "from the [87:11": ofEnglmzd, and ruled and gawrrmz' b "" ought not to be repealed : and in the argument of " this cafe it was agreed, by Fortei‘cue and l‘crtingto‘n, :: 1/22 (rt/lam: and law: (fine yizme [and of Ireland. "‘ t/mt if a tenth or fiflrent/J he granmi {:y Parliament in" " England, that {hall not him! 158)"??? Inland; although And that the‘Lords ot‘the fame land, which are of the :: IZtng's Lon'zcil, have ufed, from time to time in the " :1£211; (5/1,:5,AZ':§:,: ttt‘ai‘ag'zt/Iz'ce, which juflice, f0 ‘ . p .‘ r ' r to pa.don and pumfh all felo" rues, trelparfes, 65:. (mil/a qflémé/a a Parliament; and oy mo advxcc of the U Lords and Com "mm/t} to male " " u u " Statutts ; (ml /: t» an‘t‘dgc‘tl) fwéer, that a Parliament was . nffcmbled , ano that it was ordained by the {aid 1) . arliamenr .. , t‘" ‘ nit every man who had any office with(tin the laid land, before a certai n day, and/15pm! 15: H 0:} tiara/arm. (halt occupy the {aid Office by llittrlelf, " .ot trwue that he {hall forfei t his office. And "fie-toil}: furtlmg how the {aid John Pilkington 0C cu re astl: find " mlih' " office. by a deputy, and that, info" his offi b came not in pmper perfon to refide upon :6 efore the day, that his office was void, " and Markham, and " Afcough, whether the {aid prefcription were good, " or void in law ; Yelverton and Portington held the " prefcription void; éut Fartrflua, rM/ir/ev'mm, aim/14f- " mug/.7, held the prefcription good, and that the Let-' " (21: Patent: mac/e to A. wire grad mgr? whine], and' " the King {end the fame Sta/me into [ft/twd zmn'er L'r‘ " great/Ea] .‘ except [bay in Ire/am! rwih' in their Par/13¢" mm! affirm/2 it; but if they will afiprprut it, 11w; fr "flux/1 dim! in Ireland" And Portington laid, that if a‘ ‘F tenth be granted in the Parliament of England, t/Jtzt‘ "/1241! not [rind in Ireland, becaufc they have not any " commandment by writ to came to our Parliament; and ‘.‘ this was not denied by Markham, Yelverton, or " Afcough. Upon this cafe thcfe points following are " to be obferved, Firfi, that the Lords of the Council " of Ireland had then power, in the abflmuy't/Je King, " and «Jammy qfa Lieutenant or Dipmfy, In c/ct‘r' a ng/iicI, " and that is plainly proved by the preamble of the " Statutes of 33d of Hen. VIlI. chap. 2. in Ireland. " The words are thefe; ‘ For as much as continually " frthcm |