OCR Text |
Show { 64 1 [ 65 ] "fend Knights to (our) Parliament ;" but he adds, in a parenthefis, that " this " is to be underflood, 2071;]: they fie cfpe- " via/{y named (10)". Thus he is {0 far from perceiving the weight of the Rea/Em afligned by the former Judges, that he The naming or not naming Ireland, in our Englifh Aéts, cannot in the xleafl‘ affect the argument of the former Judges; for, ifit holds good to fecure the Irifh" {ubjeéts from being bound, when not " (fle- no meaning at all) by the infertion ofan " vial/y named," (which is allowed even by Sir Edward Coke himfelfi) it certainly is equally ef‘fec‘tual (23,5172 1/ng are 714- arbitrary parenthefis in the middle of the med; or rather, (I ought to fay,) the Rea- femence, without afligning a {tronger fon is much more forcible in the latter Reg/5:1, or even any Rang/on at all for his cafe, which apparently enhances the authority; and therefore, we are certain- propriety and importance of it; becaufe, ly bound to prefer the Declaration of the other Judges, who founded their opinion on a clear legal Rea/072, that has never when the buiinefs relating to Ireland is has ventured to {st it afide (as if it had "I!!! debated, it is manifefi that the Irifh {ub- yet been difproved; for "the REASON jcéts Rand mud in need of a due reprejl'ntzztz'on; which cannot therefore be de- 5‘ oft/ye Law is the Lifi ofthe Law" ( I r). nied them at inch :1 time, without the The melt flagrant violation of Juf'tice and na- (10) " And 2d Rich. III. 12." (fays he) " Hiber" nia habet Parliamentum, et faciunt leges, ct noflra " Statuta non ligant eos, quia non mittunt Milites ad " Parliamentum," (which is to be underflood unlefs they be efpecially named) " fed perform: eorum funt " {ubjeéti Regis ficut habitantes in Calefia, Gafconia, " et Guyan." &c. Calvin's Cafe, 7 Rep. p. 4,4,7. (I 1) " Ratio Legis ell anima Legis." P- 45‘ Jenk. Cent. tural Equity 1 But, left anyofmy Readers {hould {till retain any doubt comer-Hing the groundleiis Doéirine broached by Sir Edward K (Vicki', |