(Irish) Declaratory Act, 1689

The following act was passed by the Irish Parliament of King James II.

A printed version of this act can be found in A List of such of the names of the nobility, gentry and commonalty of England and Ireland (amongst which are several women and children) who are all by an act of a pretended parliament assembled in Dublin in the kingdom of Ireland, the 7th of May, 1689, before the late King James, attainted of high treason together with the true and authentick copies of several of the acts of the said pretended parliament, whereby they, as far as in them lay, repealed the great Act of settlement of that kingdom, and made Ireland wholly independent of England, London: Printed for R. Clavel and J. Watts, 1690 (Wing / L2409).

Brief selections of the text can be found on pages 749 and 750 of English Historical Documents, 1660-1714, edited by Andrew Browning. London: Eyre & Spottiswoode, 1953.

An Act declaring that the Parliament of England cannot bind Ireland, against writs or 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 has 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 law 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.

II. And whereas several writs of error were formerly sued out and returnable into the King's Bench in England, in order to reverse judgments given in His Majesty's Court of King's Bench in Ireland; and whereas most of the said writs of error have been brought for delay, and thereby many of His Majesty's subjects of this realm were greatly hindered from recovering their just rights, and put to vast charges in attending such suits in England; for the prevention whereof, be it hereby enacted by the authority aforesaid, that no writ of error shall be hereafter brought out of England in order to remove any record, or transcript of record, out of His Majesty's Court of King's Bench in Ireland, or out of any other court of record here, into England, in order to reverse any such judgments.

III.But in regard judgments to be given in His Majesty's Court of King's Bench in Ireland may happen sometimes to be erroneous, be it enacted by the authority aforesaid, that where any judgement shall at any time hereafter be given in the said Court of King's Bench in Ireland, in any suit or action of debt, detinue, covenant, account, action upon the case, ejectione firmae, or trespass, first commenced, or to be first commenced there, other than where the King's Majesty shall be party, plaintiff, or defendant, or other person or persons against whom any such judgment shall be given, may at his election sue forth out of the High Court of Chancery in Ireland, a special writ of error to be devised in the said Court of Chancery, directed to the Chief Justice of the said Court of King's Bench in Ireland for the time being, commanding him to cause the said record, and all things concerning the said judgments, to be brought before the Justices of teh Commo Please, and Barons of the Exchequer here, into the Exchequer Chamber in Ireland, there to be examined by the said Justices of the Common Please and Barons of the Exchequer. Which said Justices of the Common Pleas, and Barons of the Exchequer, or any four or more of them by virtue of this present Act, shall thereupon have full power and authority to examine all such errors as shall be assigned or found in or upon any such judgment as the law shall require; other than for errors to be assigned or found, for or concerning the jurisdiction of the said Court of King's Bench in Ireland, or for any want of form in any writ, return, plaint, bill, declaration, or other pleadings, process, verdict or proceeding whatsoever, and other than for such mistakes, erros, or failings, as are now supplied or helped by some statute or statutes in force within this realm. And that any one or more of the said Justices and Barons, in the absence of the rest, shall have power to adjourn the said court, and continue the proceedings of the said writ of error from time to time; and that after the said judgment shall be affirmed or reversed, the said record, and all things concerning the same, shall be removed and brought back into the said Court of King's Bench, that such further proceeding may be thereupon, as well for execution as otherwise, as shall appertain.

IV. And be it further enacted by the authority aforesaid, that such reversal or affirmation of any such former judgment shall not be so final, but that the party who findeth himself grieved therewith, shall and may sue in the High Court of Parliament in Ireland, for the further and due examination of the said judgement; anything herein contained to the contrary notwithstanding.

V. And be it further enacted by the authority aforesaid, that from the end of this present session of Parliament, no execution shall be stayed in the said Court of King's Bench, by writ of error or supersedeas thereupon, after verdict and judgement thereupon in any action persoanl whatsoever, unless a recognizance with condition, according to the stature mad in the tenth year of the reign of our late sovereign lord King Charles the First, shall be first acknowledged in the said Court of King's Bench. And further, that in writs of error, to be brought upon any judgment after verdict, in any action of ejecione firmae, no execution shall be thereuon or theereby stayed, unless the plaintiff or plaintiffs in such writs of error shall be bound unto the defendant in such action of ejectione firmae in such reasonable sum as the said Court of King's Bench shall think fit, with condition, that if the judgment shall be affirmed in the said writ of error, be discontinued in default of the plaintiff or plaintiffs therein, or that the plaintiff or plaintiffs be nonsuited in such writs of error, that then the said plaintiff or plaintiffs shall pay such costs, damages, sum and sums of money, as shall be awarded upon or after such judgment affirmed, discontinuance or nonsuit had.

VI. And to the end that the same sum and sums and damages may be ascertained, be it further enacted by the authority aforesaid, that the said Court of King's Bench, upon such affirmation, discontinuance, or nonsuit shall issue a writ to enquire as well of the mesne profits, as of the damages by any wast committed after the first judgment in ejectione firmae, and upon the return thereof judgment shall be given and execution awarded for such mesne profits and damages, and also for the cost of suit.

VII. And whereas of late times several persons have brought appeals before the House of Lords in England, in order to reverse decrees granted in the High Court of Chancery in Ireland, which tend to the great trouble, charge and vexation of such of His Majesty's subjects as have obtained such decrees, and is an apparent new encroachment upon the fundamental constitutions of this realm, and also appeal before delegates in England, be it further enacted by the authority aforesaid, that no person or persons whatsoever do hereafter presume to sue out any such appeals, or to tender or produce any such appeal to the Lord Chancellor or Lord Keeper of Ireland, or to any of the officers of the said Court of Chancery, and that such appeals shall be void; and that no appeal whatsoever (to reverse any decree or sentence passed, or to be passed in in Ireland) shall be brought into England either before the House of Lords there, or any commissioner or delegates of appeal; and that all such appeals shall be disallowed.

VIII. And for rendering this present Act the more effectual, be it hereby enacted by the authority aforesaid, that it shall be an high misdemeanor 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 it should not be made into a law here by any Act made, or to be made in a Parliament held, or to be held here. And also, it shall be an high misdemeanor 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.