A History of the Four Georges, Volume IMcCarthy, Justin
History
A History of the Four Georges, Volume I
McCarthy, Justin
Great Britain -- History -- 1714-1837; Great Britain -- Politics and government -- 1714-1837
In March, 1720, was passed an Act with a pompous and even portentous
title: it was called "An Act for the better securing the Dependency of
the Kingdom of Ireland upon the Crown of Great Britain." The preamble
recited that "attempts have been lately made to shake off the
subjection of Ireland unto and dependence upon the Imperial Crown of
this realm, which will be of dangerous consequence to Great Britain and
Ireland." The reader would naturally assume that some fresh designs of
the Stuarts had been discovered, having for their theatre the Catholic
provinces of Ireland. Was James Stuart about to land at Kinsale? Had
Alberoni got hold of the Irish Catholics? Was Atterbury plotting with
Swift for an armed insurrection in Munster and Connaught? No; nothing
of the kind was expected. The preamble of the alarming Act went on to
set forth that the House of Lords in Ireland had lately, "against law,
assumed to themselves a power and jurisdiction to examine, correct, and
amend the judgments and decrees of the courts of justice in the kingdom
of Ireland;" and this alleged trespass of the Irish House of Lords was
the whole cause of the new measure. The Act declared that the Irish
House of Lords had no jurisdiction "to judge of, affirm, or reverse any
judgment, sentence, or decree given or made in any court within the
said kingdom." This was an enactment of the most serious {178} moment
in a constitutional sense. It made the Parliament of Ireland
subordinate to the Parliament of England; it reduced the Irish House of
Lords from a position in Ireland equal to that of the House of Lords in
England, down to the level of a mere provincial assembly. The occasion
of the passing of this Act was the decision given by the Irish House of
Lords in the celebrated cause of Sherlock against Annesley. It is not
necessary for us to go into the story of the case at any length. It
was a question of disputed property. The defendant had obtained a
decree in the Irish Court of Exchequer, which decree was reversed on an
appeal to the Irish House of Lords. The defendant appealed to the
English House of Lords, who confirmed the judgment of the Irish Court
of Exchequer, and ordered him to be put in possession of the disputed
property. The Irish House of Lords stood by their authority, and
actually ordered the Irish Barons of Exchequer to be taken into custody
by Black Rod for having offended against the privileges of the Peers
and the rights and liberties of Ireland. The Act was passed to settle
the question and reduce the Irish House of Lords to submission and
subordinate rank. It was settled merely, of course, by the strength of
a majority in the English Parliament. The Duke of Leeds recorded a
sensible and a manly protest against the vote of the majority of his
brother Peers. One or two of the reasons he gives for his protest are
worth reading even now. The eleventh reason is, "Because it is the
Public-domain text, read in full here on John Shaqi.
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