Granville Sharp

Name: A Declaration of the People's Natural Right to a Share in the Legislature — Footnotes
Author: Granville Sharp

A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

Summary

“A Declaration of the People's Natural Right to a Share in the Legislature — Footnotes”, published in 1775, is a work by Granville Sharp. It explores elements such as Parliament, Ireland and Irish.

Quotes from A Declaration of the People's Natural Right to a Share in the Legislature… (Granville Sharp)

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ That to rule the people by Government politic is no Yoke,‭ ‬but‭ ‬Liberty,‭ ‬and great security,‭ ‬not only to the subjects,‭ but ‬also to the King himself; and further,‭ ‬no small‭ ‬lightening or easement to his charge.‭" (‬De Laud.‭ ‬Leg.‭ ‬Angl.‭ ‬cap.‭ ‬34.‭ ‬p.‭ ‬78.‭) ‬So that those politicians,‭ ‬who plead the necessity of securing,‭ ‬at any rate,‭ ‬a majority in parliament,‭ ‬to vote implicitly for whatever‭ ‬the Minister proposes,‭ ‬do miserably betray the true‭ ‬interest and peace of their Sovereign‭! ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ A man of so much good sense,‭ ‬learning,‭ ‬and judgement,‭ ‬as Sir William Blackstone is master of,‭ ‬must be‭ ‬well aware of the pernicious effects of investing the‭ ‬Representatives of the people with a legislative power,‭ ‬beyond the constitutional term of A single Session,‭ ‬without Re-election‭; ‬and therefore I cannot but be surprized at the unguarded manner in which he has expressed himself in his Comment on the two excellent‭ ‬Statutes of Edward III.‭ ‬for annual Parliaments‭ ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Thus the common people oi the Irishry were at length‭ ‬restored to that equality,‭ ‬in the eye of the law,‭ ‬to‭ ‬which they were justly entitled‭ (‬though shamefully‭ ‬deprived of it‭) ‬from the earliest time that the English‭ ‬began to be known in that kingdom,‭ ‬even from the‭ ‬first establishment of the English Conquerors‭; ‬for Sir‭ ‬John Davies shews,‭ ‬from Matthew Paris's History,‭ ‬that‭ “K‬ing Henry II.‭ be‬fore his return out of Ireland, held a Counsell,‭ ‬or Parliament,‭ ‬at Lissemore,‭ ‬where the Laws of England were,‭ ‬By all, willingly‭ ‬received ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ The Marriages of the Clergy‭ ‬had been absolutely forbid‭ (d) ‬about‭ ‬200‭ ‬years before,‭ ‬and those who were already married forcibly separated from their wives,‭ (e) (‬In open contradiction to the Laws‭ ‬of God,‭) ‬by a Decree of Pope Gregory VII.‭ ‬which‭ ‬was still farther enforced by his successors;‭ ‬and the‭ ‬Clergy were compelled at length to submit to that unnatural Tyranny,‭ ‬by a variety of the most unjust and‭ ‬cruel laws and oppressions (f) that satanical malice could‭ ‬possibly devise,‭ in‬ the several ecclesiastical Synods of‭ ‬that and the following century. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Vincent's:‭ — ‬are melancholy Proofs,‭ ‬either that the Europeans in‭ general ‬are most profoundly ignorant of the Law‭ ‬of Nations,‭ ‬or that‭ ‬they are fallen into a state of the most abandoned Wickedness and‭ ‬Profligacy.
‭ (‬80‭) “‬Secundum‭ fu‬ndamentum legis Angliae est Lex‭ ‬Divina,"‭ &‬c.‭ ‬And if any Act of Parliament is in‭ ‬any degree contrary to the divine Law,‭ ‬it has no force‭ ‬in the Laws of England.‭ ‬Suppose,‭ ‬for instance,‭ ‬an‭ ‬Act of Parliament should be made,‭ ‬to prohibit or annul the marriages of any particular rank or order of‭ ‬men whatsoever‭ ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ As‭ ‬to‭ ‬the Opinion of‭ ‬Huffy,‭ ‬Chief Justice,‭ ‬in first of Hen.‭ 7‬.‭ ‬fol.‭ ‬3.‭ ‬that‭ ‬the Statutes made in England‭ ‬shall bind them of Ireland, this Opinion,‭ ‬as it is put by him generally,‭ ‬cannot he‭ law; ‬for Brooke,‭ ‬in abridging that case in title Parliament,‭ ‬Sect.‭ ‬19.‭ ‬faith,‭ that the ‬opinion was denied to‭ ‬be law,‭ ‬the last term before‭; ‬and added further,‭ ‬tamen nota,‭ ‬that Ireland is a Realm of itself and hath a‭ ‬"Parliament in itself implying thereby,‭ ‬that Ireland could‭ n‬ot be bound but by a Parliament of Ireland. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Or 2dly,‭ s‬uppose an Act should be made,‭ ‬to impower the Governor of a Province,‭ “‬without the consent of the Council,” to appoint‭ ‬Judges and other Law-Officers,‭ “‬who shall hold their Commissions “DURING THE PLEASURE OF‭" ‬the Crown,‭ ‬instead of the‭ ‬approved and established‭ legal ‬condition,,‭ “quamdiu se bene gesserint;” ‬thereby setting up WILL AND PLEASURE ABOVE LAW AND‭ ‬JUSTICE,‭ ‬which are the first and most essential Rights of the People! ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Doct. et Stud.‭ ‬cap.‭ ‬2.‭ ‬Any Acts of Parliament, therefore,‭ ‬which are contrary‭ ‬either to Nature,‭ ‬to Justice,‭ ‬to Morality, or to Benevolence, &c. are contrary to Reason,‭ (‬that Ray of the‭ divin‬e Nature,‭ ‬and supreme Law,‭) ‬and consequently are null and‭ ‬void, being mere Corruptions,‭ (corruptelae,) ‬and not Laws‭; ‬for “contra eam” ‭ (‬Rationem‭) “‬non est praescriptio vel appositum statutum sive consuetudo‭; ‬et,‭ s‬i aliqua fiat,‭ ‬NON SUNT STATUTA,‭ sive ‬Consuetudines,‭ ‬fed CORRUPTELAE,” &c. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ The undue Authority,‭ ‬acquired by such impositions,‭ ‬was still more‭ ‬notorious,‭ ‬in the credit that has been given,‭ ‬even by the Legislature itself,‭ ‬to the three other false Statutes before mentioned against‭ (‬what‭ ‬the Papists‭ ‬call‭) ‬Heresy:‭ t‬wo of them are expressly recited,‭ ‬and formally‭ repealed‬ by an Act‭ ‬of Parliament in the 1st‭ ‬of Edward VI.‭ ‬ (cap.‭ ‬12.‭ ‬§.‭ 3‬.‭) ‬as if they had really been Statutes ordained by‭ ‬the Authority of the whole Legislature ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Quod ‬OMNIA brevia‭ de ‬communi jure,‭ ‬quae currunt in Anglia,‭ s‬imiliter currant in Hibernia," &c. Thus it appears,‭ ‬that all‭ Irish ‬Subjects,‭ ‬without‭ ‬distinction,‭ ‬are entitled,‭ ‬according to the clearest and‭ ‬most unquestionable testimony,‭ ‬to all the Rights,‭ ‬Immunities,‭ ‬and Advantages,‭ ‬of Magna Charta and‭ ‬the English Common-Law. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Footnotes for section 2 of chapter 1:
‭ (1) ‬Whereas it hath been found,‭ b‬y former experience, that the Courts of Wards and Liveries,‭ ‬and Tenures by Knights-Service,‭ ‬either of the King or‭ ‬others,‭ ‬or by Knights-Service‭ in capite, ‬or Soccage‭ ‬in capite of the King,‭ ‬and the consequents upon the‭ ‬fame,‭ ‬have been much more burthensome,‭ ‬grievous,‭ ‬and prejudicial,‭" &c. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ But this subsequent refusal,‭ ‬and preference given to‭ ‬the Brehen Law, mull not be charged to the native‭ ‬Irish in general‭; ‬for Sir John Davis,‭ ‬in his‭ “‬Discoverie of the true causes why Ireland was never entirely subdued,‭" &‬c.‭ ‬demonstrates that‭ the ‬English Settlers were principally to be blamed for this.‭ ‬He‭ s‬hews,‭ (‬p.‭ ‬135,‭) ‬that‭ “‬the scopes of land,‭ ‬which‭ ‬were graunted to the first adventurers,‭ we‬re too large,‭ ‬and the Liberties and Royalties,‭ ‬which they obtained‭ ‬therein,‭ we‬re too great for subjects.” ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ But Sir William Blackslone supposes that the King never‭ ‬was‭ “‬obliged,‭ ‬by these Statutes,‭ ‬to call a new‭ ‬Parliament every year‭; ‬but only to permit a Parliament to‭ s‬it annually for the redress of grievances,‭ ‬and dispatch of business,‭ ‬if need be,"‭ (I‬ Com.‭ ‬c.‭ ‬2, p.‭153.) ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ If,‭ ‬from these last-mentioned records,‭ ‬it be concluded that the Parliament of England may bind Ireland‭; ‬it must also be allowed,‭ ‬that the people of‭ ‬Ireland ought to have their Representatives in the‭ ‬Parliament of England.‭ ‬And this,‭ ‬I believe,‭ ‬we‭ s‬hould be willing enough to embrace‭ ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Footnotes for chapter 2:
‭ (1) “‬Huffey,‭ ‬Chief Justice,‭ ‬disoit que les Statuts faits en Angleterre liera ceux de Ireland,‭ ‬que ne suit moult‭ ‬dedit des autres Justices,‭ ‬nient obstant que aucun de‭ ‬eux furent en contraria‭ ‬opinione le derrein term en son‭ ‬absence.‭" ‬Year-Book,‭ ‬i Hen.‭ ‬VII.‭ ‬p.‭ ‬3.
‭ (‬2‭) W‬hich is clearly proved by Sir Richard Bolton,‭ ‬Chancellor of Ireland,‭ ‬in the Declaration,‭ &c. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Rapin,‭ ‬tome ix.‭ ‬p.‭ ‬4.
(53‭) ‬The sensible and patriotic author of the‭ “‬Letters from a Farmer in Pennsylvania to the Inhabitants of the British Colonies‭ (‬1774‭) ‬,‭" ‬remarks,‭ ‬in‭ ‬a note on page‭ ‬103,‭ ‬that,‭ “‬the last Irish Parliament" continued thirty-three years, that is,‭" (s‬ays he,‭) “‬during all the late reign.‭ ‬The present Parliament there has continued from the beginning of this reign, and probably will continue” ‭ (s‬ays he‭) “to‬ the end!” ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ And‭ ‬according to that is the opinion of the Judges in‭ ‬20th Hen.‭ ‬VI.‭ ‬fol.‭ ‬8.‭ ‬in John Pilkington's cafe‭; ‬and in‭ ‬2d Rich.‭ ‬III,‭ ‬fol.‭ ‬11.‭ ‬in the Merchants of Waterford's case,‭ ‬before remembered‭; ‬and likewise contrary to the opinion of Huffy,‭ ‬are the judgements of‭ ‬eight several Parliaments in Ireland before the Statute of‭ ‬10th of Hen.‭ ‬VII.‭ viz. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ A‬ Law concerning the Homage of Parceners,‭ ‬called, “Statutum Hiberniae,”‭ ‬14‭ ‬Hen.‭ ‬III.‭ — M‬r.‭ ‬Cay”‭ (s‬ays the Hon.‭ ‬Mr.‭ ‬Barrington‭) “‬very‭ ‬properly observes,‭ ‬that‭ ‘‬it is not an Act of Parliament,‭' ‬and cites the old Abridgement,‭ ‬title Homage. ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ I.‭ ‬That the Government of the Kingdom should be still by King,‭ ‬Lords,‭ ‬and‭ ‬Commons.‭ ‬2.‭ ‬That the ground-work for this Government should be the propositions last presented to the King at Hampton-Court‭ ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ Chancel.‭ ‬Fortese.‭ ‬de Laud, Leg.‭ ‬Ang.‭ ‬c.‭ ‬18,‭ ‬p.‭ ‬40.‭ ‬b.
(7‭) “‬Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem.‭" ‬Co.‭ ‬Lit.‭ ‬223.‭ ‬And again:‭ “‬Quod nostrum est,‭ s‬ine facto five defectu nostro,‭ ‬amiiti seu in alium transferri non potest.‭" ‬8‭ ‬Co.‭ ‬92. “Rerum suarum quilibet est‭ ‬moderator et arbiter.‭" ‬Co.‭ ‬Lit.‭ ‬223. “Regulariter non valet pactum de re mea non alienanda.” ”

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Source: Wikisource

Granville Sharp, A Declaration of the People's Natural Right to a Share in the Legislature… (1775)

“ S‬eo‭ ‬veux bien pur ceo que‭ ‬ils n'ont commandment ove nous per breve de venir al’ Parliament.‭" Y‬ear-Book,‭ ‬19th Hen.‭ ‬VI.‭ ‬p.‭ ‬8.
‭ (‬10‭) “A‬nd‭ ‬2d Rich.‭ ‬III.‭ ‬12."‭ (s‬ays he‭) “‬Hibernia habet Parliamentum,‭ ‬et faciunt leges,‭ ‬et nostra Statuta non ligant eos,‭ ‬quia non mittunt Milites ad‭ ‬Parliamentum,‭" (‬which is to be understood unless‭ ‬they be especially named,‭) “‬fed personae eorum sunt‭ s‬ubjecti Regis ficut habitantes in Calesia,‭ ‬Gasconia,‭ ‬et Guyan,” &c.‭ ‬Calvin's Case,‭ ‬7‭ ‬Rep.‭ ‬p.‭ ‬447. ”

Granville Sharp

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