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was put off to the next session, and afterwards to that of one thousand six hundred and seventy- . seven, by a fifteen month's prorogation, when it was finally dismissed.
" The second instance is, that of Vernon against Vernon in this house in one thousand seven hundred and five. On the 14th of June this decree was reversed; next day a petition to rehear the cause was presented, 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 case,) by the equality of voices, had not proxies * been called for, when the question was carried by absentees against your lordships' ancestors, who opposed that dangerous principle.
« The last instance I shall 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 universally 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 shall conclude, my lords, with remarking, that the sum and substance of what I could wish to impress on your lordships, as far as an enfeebled voice will permit, is, first, That in anci. ent 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, causes that have been decided by the high court of parliament cannot now be reheard.
« Secondly, That the fixtieth standing order relates clearly to causes which have been delayed, or put off to another session, and to rehearing the counsel; and by no means justifies the doctrine of rehearing the whole merits of such cases as have been decided.
“ Respecting the obvious and popular point of the argument, thus much I shall presume to say, That if causes were to be reheard, there would be no end of decisions: this house would chen be a house of plusieurs reforts, and not of
dernier refort; a house of many applications, and not of final judgment; and the celebrated Latin epigram upon the tediousness and uncertainty of the Aulic council assembled at Spires, might then be wrote over the entrance of this house, Lites ibi Spirant, 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 assembly.
« Whether or not my observations may deserve for a moment your lordships' consideration, or attract the attention of my honoured countrymen, I will not presume to determine ; but of this I am certain, that it is the duty of every man in my situation to endeavour at least to merit your attention; I will not say by brilliant and luminous eloquence, but by early industry and indefatigable application to the privileges of this house, 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-restored and invaluable conftitution.”
No II. :
HEADS of the ESTABLISHMENT of
IRELAND, commencing March 25, 1676, and yearly Allowances.
[From Mr. LAWRENCE's Papers.]
State and Patent Officers,
k. s. d. 3,446 14 10 1,407 10 0
1,297 19 II 115,916 12 9
MILITARY LIST. General officers, of which
the lord lieutenant had 8,623 18 8
£. 6,593 - Ordnance, - - 1,766 5 o Total of the horse and foot, } 166,392 15 8
and military lift, List of pensions, ' - 11,200 O 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.
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 son, lord baron of Ophaly. Sir Thomas Butler, earl of Ormond and Offory. His eldest son, viscount Thurles. Fitz Gerald, earl of Desmond. His eldest son, baron of Inshycore. Sir Richard Bourk of Clanrickard. . His eldest son, baron of Dunkellin. Conagher Obrien, earl of Thomond. His eldest son, baron of Ibrecane. MCarty More of Cloncarty. His eldest son, baron of Valentia.
Viscounts - 6.