The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Hill. 10 Jac. Regis,

Parliament in Ireland.

The Lords of the Councel did write to the two Chief Justices, and Chief Baron, to look into Poynings Act made 10 H. 7. in Ireland, and to consider thereof, and certifie what shall be fit to be held concerning the same; their Letter bore date, Ultimo Janii 1612. Upon which, in this Term, the said Chief Justices, Chief Baron, Attorney and Sollicitor General, were assembled two days at Ser∣geants Inne: And they considered not onely of the said Act 10 H. 7. c. 4. called Poynings Act; but also of an Act made in Ireland, 3 & 4 P. & M. c. 4. Entituled, An Act declaring how Poynings Act shall be expounded and ta∣ken; for by the said Act 10 H. 7. it is provided, That no Parliament be hereafter holden in Ireland, but when the Kings Lieutenant and Councell there first certifie the King, under the Great Seal of that Land, the causes, &c. and such causes, &c. affirmed by the King and his Coun∣cel, to be good and expedient for the Land, and his Li∣cence thereupon, &c. A Parliament to be holden after

the former before, &c. And any Parliament holden con∣trary &c. to be void in Law. Upon which Act, divers Doubts were conceived.

1. And first, Whether the said Act 10 H. 7. does ex∣tend to the Successors of H. 7. the Act speaking onely of the King generally, and not his Successors.

2. If the Queen Mary were within the word King, and both were held affirmatively: for the word King being spoke indefinitely, does extend in Law to all his Succes∣sors: And this is so expounded by the Act 3 and 4 P. and M. viz. That the said Act 10 H. 7. shall extend to the King and Queens Majesty, her Heirs and Successors. Secondly, where Povnings Act sayes the Kings Lieutenant and Councel, the said Act 3 and 4 P. and M. explains it to extend to all other Officers the King shall Depute, by what Name soever.

3. The greatest Doubt was upon these words of Poy∣nings Act; And such Causes, Considerations, and Acts, affirm∣ed by the King and his Councel, to be good and expedient for the Land, &c. Whether the King may make any change or alteration of the Causes, &c. which shall be transmit∣ted hither from the Lieutenant and Councel of Ireland: for that it is not affirmative, but correction and altera∣tion of them: and therefore it was necessary to explain, that the Act 3 and 4 P. and M. was in these words; Ei∣ther for the passing of the said Acts, and in such form and te∣nor as they should be sent into England; or else for the change or alteration of them, or any part of them.

4. Another Doubt arose from these words; That d••ne, a Parliament to be had: If at the same Parl. other Acts, which have been affirmed or altered here, may be Enacted there, which is explained by the said last Act in these words, viz. For passing and agreeing upon such Acts, and no others, as shall be returned, &c.

5. A fifth Doubt arose from the same words; Whe∣ther the Lieutenant and Councel of Ireland, after the Parliament begun, and pendente Parliamento, may upon

debate there transmit any other Considerations, &c. the which said Act 3 and 4 P. and M. is by express words ex∣plained, they may.

And it was unanimously Resolved, That the Causes, Considerations, and Acts, transmitted hither under the Great Seal of Ireland, ought to be kept in the Chancery in England, and not be remanded.

2. I•• they be affirmed, they must be transcribed under the Great Se••l, and so returned into Ireland.

3. If the Acts transmitted hither be in any part alter∣ed or changed here, the Act so altered must forthwith be returned under the Great Seal of England, for the Tran∣script under the Irish Great Seal, to remain in Chancery here shall not be amended; but the Amendment shall be under the English Great Seal. See 10 H. 6. 8. which be∣gins, Mich. 18 H. 6. Rot. 46. coram Rege: how a Parlia∣ment was holden there before Poynings Act. See also ano∣ther Act made in Ireland the same 10 H. 7. c. 22. vide R. 3. 12. Hibernia habet Parliamenta & faciunt leges & no∣stra statuta non ligant ••os, quia non mittunt milites ad Par∣liamentum: sed personae co••um sunt subjecti Regis, sicut in∣habitant••s Calinae, Gascogniae, & Guienae.

But question is made of this in some of our Books; vid. 20 H. 6. 8. 32 H 6 25. 1 H. 7. 3. 8 H. 7. 10. 8 R. 2. Precess 204. 13 Ed. 2. Tit. Bastard, 11 H. 47. 7 Ed. 4. 27. Plow. Comment. 368. 13 Eliz. Dyer 35. 2 Eliz. Dyer 366. Calvins Case, 7th of my Reports 226. 14 Ed. 3. 184. A Pr••bend in England, made Bishop of Dublin in Ireland, his Prebendary is vo••d. See the S••atute of Ireland, &c. That the Acts of Parliament made in England, since the 10 H. 7. do not hind them in Ireland; but all made in Eng∣land before the 10 H. 7. by the Act made in Ireland, 10 H. 7. c. 22. do bind them in Ireland.

Note, Cambden King at Arms told me, that some held, if a Baron dyes, having Issue divers Daughters, the King confer the Dignity to him who marryes any of them, as hath been done in divers Cases, viz. In the case of the

Lord Cromwel, who had Issue divers Daughters: And the King did confer the Dignity upon Burchier, who marryed the youngest Daughter, and he was called Cromwel; and so in other Cases.

Note, (by Linwood) it appears by the Canons Ecclesi∣astick, none may exercise Ecclesiastick Jurisdiction, un∣less he be within the Orders of the Church; because none may pronounce Excommunication, but a Spiritual Person: But now by the 37 H. 8. c. 17. a Doctor of Law or Register, though a Lay-man, may execute Eccle∣siastical Jurisdiction.

No Ecclesiastical may cite a Church-Warden to the Court, but so as he may return home the same day. Also the Canons limit how many Courts, Ex Officio, they may have in a year.