| OCR Text |
Show R [ 126 ] [127] a Statute) de malefafiorz'ém 2'72 Parcz's Jufiice of Ireland, to enforce it: and he into Ireland, with an order to the Chief- remarks thereupon: - " This note fully Juftice " proves" " an Ordinance and Statute (according to Sir Edward {pecioufly, (like the At". in quellion, z/e rrznlcfizdl‘crzdur " Coke) confilling in this, that the Ordinance wants " the Content of me (om/7mm! par! of the licgiflature, " at Lincoln," E'j'r. yet it learns only to have been " which is, in all inflances, I124! nf t/Je Commom." Now, this {earns to be exaflly the cafe of the Act in quellion, ol' the zrit of Edw. I. de maltfafloriluu ix Parr/J ; for, though the Aét itlelf declares that it was ordained by the King " at his Parliament," and " at 1/16 izflame nf rive Nod/A: of [it real/71," yet the Efrem of the Comment is not t'xpt'gfld; which was very m parcir,) " at the Par/famuzl of our Lord the King ‘ agreed to by the Privy-Council, or the King's Coun-- " (Ill; -- " by /.vz': Comm] it was agrtcd, and alto " commanded by the King himfelf" (‘t per Coiyi/z'w: " Reg}; concordatum ell coram Domino Rege, ipfn " Rege confentiente ct illnd extunc licri ct oblcrvari ‘ precipiente," {3}.) -- to that it was apparently e- nacted and ordained only (4; My King and 51': Council, well known, even at that time, to be necefl'ary, as the afl‘ent exprcll'ed in the Acts of the preceding year fufiiciently demonlirates ; m‘z. " Our Lord the King, without the leaf]: mention of the (Sm/Ln! of the Parlia- " in [:55full Pazr't'z'amml, and [9 [-13 (or/1211071 Council, hath "‘ Ordained," C71". Statute dc dd/Z‘ié/l‘fl/Zé'jzn‘lir, 20 ii. 1. though artfully dated, " at Mr ['ur/uzmmx," in order to give it the appearance of Law. bit Edward Coke, Again, in the Statute of Vouchers, " By his mmmu in his 4th init. p. 51, gives {cveral inllanccs of {up- " Cnmm'l hath ordained," {in Again, in the Statute of VVatte, " Our Lord the King, in his fix/l Parlia" ment, holder], {it " dained :" by a general Carma] ment, or of the (air/"1071 Carma/of the Kingdom, and. items therefore to have been a mt'rC Order in Council, poted Statutes that had been repealed or dilaflirmed, (wanting the Allen: of the Commons,) which were me- ham or- verthelefs publifhed and enforced as real Statutes; viz. to that a proper Form ol‘deciarinsr the 5 R. ll, c. 5. flat. 2, touching enquiries ot‘Herefles, and xii/nil" of the Commons, even at that time, wasovery 2 H. 1V. c. 15, againlt pretended Hereticks, giving pow- well eliablilhed, notwithltzmding that many Statutes are deficient therein, and confequently are exceptionable in point of authority; as for inflance, the Statute de Ffl'bgazoridw. of the 29th year of this reirrn, feems to be thus defective ,' for though it is dated ery fpecioufly, er to the Bilhop, or Ordinary, " to convent before " him or z‘mpnfln any perfon {ufimé‘ted of Heretic ;" I! * " Our Lord the King, a! bi: Parliament after Ballet, the zlfi year ofhzs reign, at the inttanee of the Nobles of his realm hath " granted and commanded to be from henceforth firmly obt'civsd," 8:. andordaining (contrary to the Laws of God) that " an obllinate Heretick" (or any pcrfon whom an ig- norant popilh Enthufiafi was pleated to call to) " {hall " be earned lug/ore 1/): pray/e ;" both which, as Sir Edward Coke remarks, were dtfi/arzrowed by the Commons, and (yet) the pretended Aetsprinml (4 intl. p. 5" |
