was put off to the next feffion, and afterwards to that of one thousand fix hundred and seventyfeven, by a fifteen month's prorogation, when it was finally difmiffed.

"The second inftance is, that of Vernon against Vernon in this houfe in one thousand feven hundred and five. On the 14th of June this decree was reversed; next day a petition to rehear the cause was prefented, which was met by a previous question; and the prayer of it to rehear the cause would certainly have been negatived, according to the well-known rule of this house, (where a casting voice is allowed in no cafe,) by the equality of voices, had not proxies* been called for, when the question was carried by abfentees against your lordships' ancestors, who opposed that dangerous principle.

"The laft inftance I fhall mention, is from the best of times, when liberty was most predominant, and flourished under lord Somers in the English house of lords; I mean that of the mode of getting rid of an obnoxious judgment. When the arbitrary judgment obtained by James the second, as duke of York, against Titus Oates for a libel, had been affirmed upon a writ of

* An order has fince been adopted from England, that proxies cannot be admitted in judicial matters.

error after the Revolution, that confirmation was univerfally unpopular: recourse, however, was not had to rehearing the cause, but a law was made, and that judgment set aside, by the sovereign authority of an act of parliament.

"I fhall conclude, my lords, with remarking, that the fum and fubftance of what I could wish to impress on your lordships, as far as an enfeebled voice will permit, is, firft, That in ancient times, as the house of lords in England thought proper to act in a judicial capacity by deputation or by a committee, the principle of rehearing causes might then have obtained; but as such a practice never obtained here, nor in England during this century, caufes that have been decided by the high court of parliament cannot now be reheard.

"Secondly, That the fixtieth ftanding order relates clearly to caufes which have been delayed, or put off to another feffion, and to rehearing the counfel; and by no means justifies the doctrine of rehearing the whole merits of fuch cases as have been decided.

"Refpecting the obvious and popular point of the argument, thus much I fhall presume to fay, That if caufes were to be reheard, there would be no end of decifions: this house would then be a houfe of plufieurs reforts, and not of dernier

dernier refort; a house of many applications, and not of final judgment; and the celebrated Latin epigram upon the tedioufnefs and uncertainty of the Aulic council affembled at Spires, might then be wrote over the entrance of this house, Lites ibi fpirant, fed nunquam expirant.

My lords, I feel myself much exhausted; but what is worse, I fear that I have exhausted the patience of your lordships; for which I have no other apology to make than a reliance on the politeness and attention of this affembly.

to merit

"Whether or not my obfervations may deserve for a moment your lordships' confideration, or attract the attention of my honoured countrymen, I will not prefume to determine; but of this I am certain, that it is the duty of every man in my fituation to endeavour at least your attention; I will not fay by brilliant and luminous eloquence, but by early industry and indefatigable application to the privileges of this houfe, to the rights of this country, to the administration of justice in the last instance, to the credit of our revived judicature, and to the principles of our lately-reftored and invaluable conftitution."

P 3

N° II.

HEADS of the ESTABLISHMENT of IRELAND, commencing March 25, 1676,

Ordnance,

1,766 5

Total of the horse and foot,166,392 15 8

and military lift,

Lift of penfions,

I1,200 O

Total of his majesty's charge, 230,969 4 63

N. B. The whole product of the farm of the revenue to lord Ranelagh, and his partners, was £. 240,000.

N° III.

A CATALOGUE of the IRISH NOBILITY in 1571 and 1681.

IN the reign of Elizabeth the Peers of Ireland, according to Campion, stood as follows:

Earls -6.

Gerald Fitz Gerald, earl of Kildare.
His eldest fon, lord baron of Ophaly.
Sir Thomas Butler, earl of Ormond and Offory.
His eldest son, viscount Thurles.

Fitz Gerald, earl of Defmond.
His eldest fon, baron of Infhycore.
Sir Richard Bourk of Clanrickard.
His eldest fon, baron of Dunkellin.
Conagher Obrien, earl of Thomond.
His eldest fon, baron of Ibrecane.
McCarty More of Cloncarty.
His eldest fon, baron of Valentia.