Obrázky stránek
PDF
ePub

Captain Snke Vran:

[merged small][merged small][ocr errors][merged small][merged small][merged small]

The Trial of Captain Luke Ryan and Thomas Coppinger, for Piracy; with a firik

ing Likeness of Captain Ryan. O Ryan's com

1782,) about nine o'clock, Judge million, which was French. Marriot opened the commission for trying Samuel Burn, an officer of the Belle the pirates at the Seffions House in the Poule, swore to a discourse which passed Old Bailey, and about ten, the trials of between him and Ryan, in which Ryan captain Luke Ryan and Thomas Coppin. owned he was an Irishman, and that he ger, of the Cologne Privateer, of Dun- came from a place near Dublin. kirk, came on, for that they, being the John O'Brien, another Officer, had fome patural born subjects of his Majesty, did, discourse with Ryan, and asked him why on or about the 16th of April, 1780, pis he fought against his King, and that Ryan ratically take the Brig Nancy, of Aber- answered, “ He had been used ill by deen, bound to Newcastle, three leaguessin." from St. Ann's Head, on the Scotch coaft, Captain Campbell, of the Berwick, heard and ranfomed her for 300 guineas. Luke Ryan say he was an Irishman, and John Ramsay, the malier of the Brig that Mr. John Hunter said to him, “

you Nancy, was the first witness against Luke do not speak like a Frenchman, you speak Ryan, who proved that he was taken off good English.” the Scotch coast, and that he was ran.

Mr. John Hunter corroborated the Evifomed for 300 guineas ; likewise the hand- dence. writing of Luke Ryan, which was a most Mr. Osborn, a carpenter of the Bermaterial part of his evidence, as Ryan en- wick, remembered Coppinger to be one deavoured to prove his name Joseph Ry. of the prisoners taken on board the Co. an, whereas Mr. Ramsay saw him write logne; but as he was the only witness it Luke.

against Coppinger, no notice was taken Thomas Griffin, Michael Bishop, Bar- of his evidence. tholomew Griffin, Philip Griffin, and re

Culling, late a serjeant in the Irish Bri. veral other witnesses were brought from gade, endeavoured to prove Ryan a lieu. Ireland, some of which went to prove tenant in Dillon's Brigade, at Dunkirk, that they knew Luke Ryan a child, went fome years since; he also brought a certi. to school at Ruth with him, knew him ficate from Gravelling, in France, to prove bound to one King, a boat-builder, had one Joseph Ryan's birth; and David Geefeen and knew him to be in the smuggling ling, another witness-in favour of Ryan, trade between Rush and Dunkirk, in came to prove that a child had come from France, till within these few years.

France to Tenure, in Ireland, at the age Captain Patten, of his Majesty's ship of a year and a half, fupposed to be the the Belle Poule, was examined, and prova fame person, which were the only two ed the taking of the Cologne Privateer called. foon after the bad captured the brig Nan

The Jury went out of court to consider Hib. Mag. April, 1982.

Y

%

Thi Kipre jentation of the Lords of Ireland to the King, in 1719. April, of their ve dict, itd ifter staying near an and settle themselves in Ireland, where l'our, brout in their verdict.

they were to enjoy the lime laws and liLuke Ryan-Guilty.

bertics, and live under the like constitution Dho. $ Coppinger--Not Guilty. as they had formerly done in the kingdom Mr. Joining tuath nied the prisoners, of England; which, through Gous good al corned up the evidence in a very providence, has proved a means of four11.131.1 manner, diltinguishing the diffe- ing this kingdom in the Crown of Ling and, rt. e points of law in Ryan's cali. and we trust will do fo to all futurily. By

Ryan was elegantly dreffeil, and seem- this happy confitution, and these privied little affected with his fate, frequenily leges by us for so many years enjoyed, writing notes to his counid.

the Englio fubjects of this kingdoin have The Representation of the Lords of Ireland been enabled tithfully to discharge their to the king, in 1719,

confequence of the duty to the Crown of England, and viAttempts made by the Lords of Great goronfly set themsilves, upon all occasions, Britain to enforce their Authority in this to affert the rights thereof, against all the Kingdom, in which the independent

, le rebellions which have been raited by the giflatite, and judicial Rights of Ireland Irith enemies. And therefore, we your

Majeily's loyal fubjeéts, do with all sub. are ably plated, which Representation canfod the British Parliament to pats ibe mand.hope, through your Majelty's good

inillion to your Majilty inlift upon them, Declaratory set of the 6th of George neli, to have them preserved inviolable. , the firt:

And we beg leave to preient to your To the King's mos exellent Maidly. Majeily, that though the Imperial Crown The humble Representation of the Lords of this realm was formerly infeparably anSpiritual and temporal in Parliament of nexed to the Imperial Crown of England, feinbled.

and is now to that of Great Britain, yet

this kingdom being of itfeif a distinct do. Mil gracious Sovereign,

minion, and no part of the kingdom of IT T is with the grcatel concern that we, England, none can determine concerning

your Majesty's molt dutiful and loyal the afiniry thereof, uniefs authorized subjedis, the lords spiritual and temporal thereto, by the known laws and cuttoms in parliament allembled, do find ourielves of this kingdom, or by the express conunder a necellity of making this our hun.. fent of tlic King. ble reprefentation to your Majelly. And as your royal ancestors have always

It eviviently appears, by many ardient enjoyed the right and power of deterrecords, and fundry acts of parliamerit mining all matters that related only to pafted in this kingdom, and particulariy this kingdom, by their royal authority, by one in the inth of Queen Eliz. intitie, in their pirliaments held here, so we só An act for attainder of Shane O'Neil, humbly hope your Majeity will always &c.” that the kings, with all the princes look on this riglit us a mat valuabis and men of value of the land, did, of jewel of your crown, which nune thould their own good wills, and without any prefume to touch without your Majesty's war or csivalry, submit themselves to content, and that your Majeily will grzyour Majelty's royal ancestor, King Hen- cioully allow us to reprelunt it, as an in. ry II, took oaths of fuelity to liin, and valion of your prerogative, and a griev. became his liege suhjees, who (as it is ance to your loyal subjects in this kingafierted by the lorda chief justice Cuke dom, that any court of judicature should and others) did ordain and command, at take upon them to declare that your Mathe instance of the Hill, that “ Such jefty cannot determine all controverlies laws as he had in England, should be of between your fubjects of this kingdom, force and observed in Ireland." By this and about matters relating wholly to the agrcenient'tje people of Ireland obtained fame, by your royal authority, in your the benefit of the English laws and many parliament fummoned to meet here'; or privileges, particularly ibat of having a that your subjects of Ireland appealing to diftinct parliament here, as in England, your Majesty in your parliament in Tree and of having weighty and momentous land, in matters wholly relating to this matters relating to this kingcom, treated kingdom, do bring their cause before an of, dilcuiled and determined in the said incompetent judicature. parliament.

We Brave (may it please your sacred This concession and compact thus made, Majely) endeavoured with our utmoit and afterwards, by fucceeding kin,8, con- 'care, to enquire into the grounds of all firmed to the people of this land, in pro- fuch appeals or removals of caules froin etis of time, proved a great encourage. this kingdom, as have at any time bien ment to many vi the English to come over made into England, and are pstluaded

theat

1782. Tbe Representation of the Lords of Ireland to the King, in 1719. 171 that such ufages have been introduced hy were received, and proper orders were How degrets, at first the judges here he made thereon as formerly ; ror were they, ing to determine the cautes that came be as far as we can find, ever quellioned, kre them by the common laws of Eng. or their validity doubted, till the year land, and sometimes not knowing well 1693, when two appeals from the Parliathe usages there applied to Henry II. ment here were carried before the Lords that then king, for information, who gave in England though no pleadings to the juta an account what the common law risdiction of the Parliament of Ireland bad at cuftom of England in like cases was; been offered or mentioned by either party, al this undoubtedly by the advice of the on hearing the frid causes here. } lices of the King's Bench, who then And though the Parliament of Ireland Fere obliged to attend the King whercver could not then interpote, or any way afh fould be ; and in process of time, fert their jurisdiction, because it was not en bis fucceffors had rettled the court fitting, yet the Lords of England declarof King's Bench after another manner, ed the laid causes to be Corom non Jiodice, and had forborne to fit there then fires and without hearing the merits of the in person, the ap; lication which formerly caufes, reversed the decrees that had been Died to be made to the King who presided made here. in that court, came of course to be Upon which occasion, we cannot but bought before the Jullices of the court, obferve, that the Parliament of Ireland aliorugh the King was not there perfonal- (as the constitution thereof has been for ly present.

And this, as we conceive, fome hundeeds of years) being convened gave rise to that custom of removing by the fame authority and writs of fumcauses

, by writs of error, from the King's mons, and consisting of like members and Berch in' lieland t, the King's Bench in diflinct Houses of Peers and Commons, England; but from bience to inser, that and the former having the fame affilance fferefore appeals from the parliament of and attendance from the Judges of the is Ireland may be lrought before the House veral Courts and Mafturs of Chancery as of Peers in England or Great Britain, is in England or Great-Britain, either some a coríquence for which there appears to record, act of parliament, or antient ube no manner of ground.

sage, must be thewn, whereby to make As for the practice of appealing from a difference (which has never yet been the High Court of Chaucery in Ireland to attempied) or clfe, from our very conltithe Lords of Great Britaili, we can find tution it mull, as we conceive, appear, lot two precedents of fuch appeals be- that whatever power of judicature is fere the late bappy revolution, one in locured in the Englith or British Parlia1670, and the other in 1579; and we meni', with repeat to that kingdom and an account for them no otherwise than its inferior courts, the fame must also be by observing, that they happened at a allowed to be in the Parliament of Irelara, nature when no opposition could be with like refpect to the kingdom ard EIVED them from this kingdom, becaute courts thereof. And if it be looked upon through the prevalency of a popish inter- as illegal for any inferior court in Grecia titno parliament had been held here for Dritzin top in direct opposition to, or hae years before, nor were we then in contempt of the orders and decrets of the any likelihood of having any called here Houte of Lords in Parliament there iffare many years to come"; nor can we find, semble, ine fame nauft sifo tie concluded that any like fubfequent appeals from that upon the like opponition given, or cuno cert have any other foundation than' tempt thewn, to such puriamentary,orbufe two precedents.

ders and decrees, as are or ihall be made and loch appeals (though they had within this kingdom. keer of longer itanding, and better found And therefore, in the year iris, ku

yet were never fupposed to precinde a Parliament of Ireland met on a complaine M king's Majesty from his right of giv. of Eduard, tail of Meäili, ane Cecilia, iFi redress to his subjects of Ireland in countess of Meath, his wife, fetting forti, hiti parliament, when allembled here, any that during the interval of Parliament ilure than writs of error to the King's they had, by order of the Lords in Eng. Best in England had hindered the like land, been dispotiered of the law is that had 1971!3 from being returnable in the parlia- been here decreed them, the Mid Parviaik nt here.

ment unanimoully restored the ind tailand Aod accordingly when, by God's blf countess to the lands they had been for

on the late happy'revolution, this difpufiefied of fe effctually, that neither

dom came to bave a parliament, after they nor their heirs have beca dilturned twenty fix years intermiffion, complaints in the polluinus of them. Berc heard, writs of error and appeals

Y a

172 The Representation of the Lords of Ireland to the King, in 1719. April,

And we may very juftly conclude from upon them, in an illegal and unprecedentthé strong resolutions, in which the Paro ed manner, to cause the said Hester Sherliament here did on that occasion assert lock to be difpofseffed of the said lands, their jurisdiction, that they would have and to lay several great fines upon the late proceeded as effettually in vindicating the high-sheriff of the said county of Kildare, decree on the other appeal, if the removal for refusing to give obedience unto the of the lord bishop of Derry, the appellant orders of them, the said barons, in that here, and a composition made by his suc- case issued, although their faid orders cessor with the Irish society of London were manifestly contrary to the law's, cusderry, the appellants in England, had not toms, and antient usages, of this your prevented it.

Majesty's kingdom, as well as to the above After the time of those two appeals, mentioned resolutions, formerly made in several writs of error and appeals were the case of the late earl of Meath, and brought into your Parliament in this king continuing upon record in the Journals dom, and among them an appeal where. of Parliament, of which resolutions, as in Maurice Anneley, Eia; was respon- well as of the several resolutions and dent, which were determined, and the decrees in like manner made upon the judgment given on them took effect ac- appeal of the faid Heller Sherlock, the cordingly. But the fame Maurice Annef- faid barons had fufficient and timely noley being respondent in an appeal brought tice before the issuing of any of their a. lately from the Chancery of the Exche- bove-mentioned illegal orders, as in a requer, before the Parliament of Ireland, port of this whole proceeding, now also by Hester Sherlock, appellant, after hav- entered in the Journals of Parliament (a ing appeared to the jurisdiction here, ap- copy whereof, we herewith humbly lay pealed to the Lords of Great-Britain, from before your Majesty *) may more fully a decree made here in justice to the ap- and largely appear. pellant Hefter Sherlock, and found such Hereupon we humbly crave leave to recountenance there, as has given your present unto your Majesty, that although loyal subjects just reason to complain of appeals from courts of equity in this kingmuch injury done both to your Majesty's dom to the Lords of England of Greatprerogative and privileges.

Britain, are but a very late practice, (as For it having (after a full and fair hear. we have already set forth); yet in all such ing) been decreed in your Majesty's Par. case, it has been the conltant and reliament of Ireland, and accordingly cr- ceived pradlice here, that no copy of any dered, that the appellant, Hester Sher- order of the said Lords was ever allowed, lock, should be put into pofiession of cer- or demanded to be allowed, as authentic tain lands in the said order named, until in any such court, except the same were She should receive thereout a certain sum exprelly directed unto the court which of money to her decreed, to be due and was to put the same in execution, and chargeable on the faid lands. And the proved by a witness viva voce, upon oath, faid decree and order having accordingly to be a irue copy of the original order. been obeyed, and put in cxecution hy the Nor does it appear, that any such court then high-theriff of the county of Kildare, ever claimed, or pretended to any autboto whom the faid order was direcied; and rity, to supply any defects supposed at any the said Hefter Sherlock being accordingly time to be in any such order, or by virtue in the actual poffeflion of the said lands, of such order in the lealt to go beyond the Lord Chief Baron, together with the what expresly and in words was in such other barons of your Majesty's Court of order contained. And yet so it is, that Bxchequer in this kingdom *, have taken although the only pretence of the said

upon barons for these their illegal proceedings, Ν Ο Τ Ε.

is grounded upon certain copies of orders, * Jeffrey Gilbert, Elg; was chief Ba- or pretended orders, from the Lords of ron, and John Pocklington and Sir John Great Britain, yet neither were the said St. Leger, the other two barons of the orders, or any of them, directed to the Exchequer, and were ordered by the court of equity or chancery-lide of the House of Lords into the custody of the Exchequer, (where the cause originally Gentleman Usher of the black rod, for lay, and from whence the appeal was) having taken upon them to put into exe- but only to the Lord Chief Baron and cution a pretended order from another

Ν Ο Τ Ε. gourt, contrary to the final judgment of privileges of this House, and of the rights ?bis High Court of Parliament, in the and liberties of the subjects of this kingcaufe between Sherlock and Annefley, as dom. betrayers of his Majesty's prerogative, * See Lords Journals, vol. xi. p. 621, and the undoubted ancient rights and to 625. privileges

other

[ocr errors]
« PředchozíPokračovat »