The Society of The Governor and Assistants, London, of The New Plantation of Ulster in the Kingdom of Ireland, v William Lord Bishop of Derry

JurisdictionIreland
CourtHouse of Lords (Ireland)
Judgment Date01 Jan 1698

English Reports Citation: 1 E.R. 54

House of Lords

The Society of The Governor and Assistants, London, of The New Plantation of Ulster in The Kingdom of Ireland
and
William Lord Bishop of Derry

16 Lds. Jo. 292; Macqueen, Pract. of H. L. p. 787, Appx. No. v.: 6 Geo. I. c. 5 (passed in consequence of Annesley v. Sherlock, 1714, 21 Lds. Jo. 214) was repealed and appellate jurisn. restored to Irish Court by 22 Geo. III. c. 53; and see 23 Geo. III. c. 28. Appellate jurisn. transferred to Parlt. of Gt. Britain and Ireland by Act of Union (39 & 40 Geo. III. c. 67, art. 8), and now vested in H. L.

the society of the governor and assistants, london, of the new plantation of ulster in the kingdom of ireland, v. william lord bishop of derry [1698]. [16 Lds. Jo. 292; Macqueen, Pract. of H. L. p. 787, Appx. No. v.: 6 Geo. I. c. 5 (passed in consequence of Annesley v. Sherlock, 1714, 21 Lds. Jo. 214) was repealed and appellate jurisn. restored to Irish Court by 22 Geo. III. c. 53 ; and see 23 Geo. III. c. 28. Appellate jurisn. transferred to Parlt. of Gt. Britain and Ireland by Act of Union (39 & 40 Geo. III. c. 67, art. 8), and now vested in H. L.] dependency op ireland as to the jurisdiction op the house op lords. N.B. the general doctrine of this case is further settled by statute 5 geo. I.-Appeal from a Judgment by the Lords Spiritual and Temporal of Ireland in Parliament assembled, upon the Bishop's Petition and Appeal to their Lordships from an Order in the Chancery, touching certain Lands in the County and Liberties of London Derry. It sets forth, amongst other Things, (after a Recital of the Proceedings in Chancery and the Merits of the Cause) that the Appellants were advised, that no Appeal lies to the House of Lords in Ireland from the Court of Chancery there: But that all Appeals from thence ought to be immediately to their Lordships here, the Supreme Judicature as well for Matters arising in Ireland as in this Kingdom. And therefore in the Conclusion prays that an Order might be made for the said Bishop to appear, and put in his Answer thereto, that the Matter might be heard before their Lordships here, when it should be thought fit; and that the Petitioners might receive such Relief as should be agreeable to their Lordships great Wisdom and Justice, &$. Upon presenting this Appeal to the Lords here, the House appointed Lords Committees to consider the proper Method of Appealing from the Decrees made in the Court of Chancery in Ireland, and to report, &c. Then pursuant to an Order made by the Lords Committees, and a Letter sent to the Lords Justices of Ireland, by Order of the House of Lords here, some Precedents or Cases from Ireland relating to the Method of Appealing from the Chancery there, were brought before the said Committee, and reported to the House; whereupon the House Ordered that both Parties might have Copies of the same. Then the Society took Copies, and preferred a short Petition to the House, setting forth the said Matter, and that they were ready by their Counsel to offer several Things, in order to their Lordship's Receiving and Proceeding upon their said Appeal: [79] Whereupon a Day was appointed for the hearing of Counsel on both Sides, with Regard to Jurisdiction. argument for appellants.-And it was accordingly argued on Behalf of the said Society, that the Judgments in Ireland, whether in Law or Equity, were not to be finally Determined there. That Ireland was dependent upon England. 'Twas urged to prove it, that our Money was to be Current there. That our Laws did oblige them; that they were governed...

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