Corpus of Electronic Texts Edition
Extracts from Acts of Parliament at Dublin, 1689 (Author: Parliament at Dublin)

p.246

section 1

Declaratory Act

An act declaring that the parliament of England cannot bind Ireland against writs of error and appeals to be brought for removing judgments, decrees, and sentences given in Ireland into England:

Whereas his majesty's realm of Ireland is and had been always a distinct kingdom from that of his majesty's realm of England, always governed by his majesty and his predecessors according to the ancient customs, laws, and statutes thereof: and as the people of this kingdom did never send members to any parliament ever held in England, but had their laws continually made and established by their own parliaments, so no acts passed in any parliament held in England were ever binding here, excepting such of them as by acts of parliament passed in this kingdom were made into laws here; yet of late times (especially in the times of distractions) some have pretended that acts of parliament passed in England, mentioning Ireland, were binding in Ireland; and as these late opinions are against justice and natural equity, and so they tend to the great oppression of the people here, and to the overthrow of the fundamental constitutions of this realm; and to the end that by these modern and late opinions no person may be further deluded, be it therefore enacted by the king's most excellent majesty, by the advice and consent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by the authority of the same, and it is hereby declared, that no act of parliament passed or to be passed in the parliament of England, though Ireland should be therein mentioned, can be or shall be any way binding in Ireland; excepting such acts passed or to be passed in England as are or shall be made into law by the parliament of Ireland [gap: extent: two or three words] And for rendering this present act the more effectual, be it hereby enacted by the authority aforesaid, that it shall be an high misdemeanour in any person or persons whatsoever, that shall in drawing of pleadings, either in law or equity, or in any bill of exception to be filed in any court in Ireland, or that at any trial, before any court within this realm, shall deliberately insist that any act of parliament made or to be made in England, wherein Ireland is or shall be mentioned, is or can be binding in Ireland, though


p.247

it should not be made into a law here by any act made or to be made in a parliament held or to he held here. And also, it shall be an high misdemeanour in any person or persons whatsoever, who within this realm shall tender or produce any writ or writs of error out of England in his majesty's court of king's bench in Ireland, or to all or any of the judges of the said court for the time being, returnable to the court of king's bench in England, or that shall tender or produce any appeal to the lord chancellor or lord keeper of Ireland for the time being, or to any of the officers of the said court, of chancery, or to the chancellor, treasurer, and barons of the exchequer, from the house of lords in England, or that shall tender any appeal out of England to any spiritual judge, or spiritual court, or delegates within this realm, in order to reverse any sentence given in Ireland by any court of delegates in England. And, that if any person or persons shall offend herein, he shall be fined and imprisoned, according to the discretion of the court where he shall be prosecuted for the same.