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sacrament, as directed by an act made in Ireland in the second year of the reign of Queen Ann, intitled, An act against the further growth of popery; and though Dempsey was prepared to shew, that the said Charles Dodd had taken the oaths and received the sacrament, yet the court being of opinion, that the act only required persons in civil and military employments, and not persons in ecclesiastical offices, to qualify themselves, as thereby directed; that point was, at the request of Montgomery's counsel, saved to be spoken to before the Judges, upon their return to Dublin.

Accordingly, the point so saved, being afterwards fully spoken to before the Judges by Montgomery's counsel, the same was over-ruled. Whereupon a bill of exceptions was tendered, setting forth, that upon the trial of the issue joined as aforesaid, the said Charles Dempsey, to maintain and prove the aforesaid issue, gave in evidence to the jury, that the town and lands of [207] Killany, Kinaragh, Coneghill, and Geskenagh, were part and parcel of the glebe of the said parish churches of Drumlease and Kilarga; and that the Bishop of Kilmore, to whom the advowsons of the vicarage of the said churches belong, on the 3d of March 1732, collated the said Charles Dodd to the said vicarage, which was then vacant; and that the said Charles Dodd, by virtue of the said collation, was inducted and put into possession of the said vicarage on the 15th of March 1732; and that the said Charles Dodd, on Sunday the 18th of March 1782, in both the said parish churches, before the congregations then and there assembled, read the declaration of his assent and consent, according to the form of the statute in that case made and provided. Upon which, the counsel for the said Hugh Montgomery upon the said trial, insisted for matter in law, that the said Charles Dempsey, upon the said trial, ought to have given in evidence to maintain his said issue, that the said Charles Dodd, his lessor, after his collation to the said vicarage, had taken the several oaths, and publicly made and repeated the declaration appointed or required to be taken, made, and subscribed within the kingdom of Ireland, and that he had subscribed his name to the said oaths and declaration; and further insisted, that the said Charles Dempsey, to maintain the said issue, ought to have given in evidence upon the said trial, that the said Charles Dodd had received the sacrament of the Lord's Supper, according to the usage of the church of Ireland, in some public church upon a Sunday, immediately after divine service and sermon. according to the statute in that case made and provided. But notwithstanding which, the Judges declared to the jury, that the said Charles Dempsey was not obliged to give in evidence to the jury, that the said Charles Dodd had taken the oaths aforesaid, or made or repeated the declaration aforesaid, or subscribed his name to the said oaths and declaration, or that he had received the sacrament in manner and form aforesaid; and upon which the jury brought in their verdict for the said Charles Dempsey; and therefore, and because the Judges had not declared it for law to the jury, that the said Hugh Montgomery was not guilty of the trespass aforesaid, in the declaration aforesaid mentioned; and for that the matters in the said bill of exceptions mentioned, did not appear upon the record of the said verdict, the said Hugh Montgomery had put such his exceptions into writing.

By this bill of exceptions, the defendant in error was delayed near a whole year; but on arguing the same in the Court of Exchequer, in Easter term 1734, judgment was given for the said Charles Dempsey; whereupon the plaintiff in error, for further delay, brought his writ of error from the said judgment, returnable into the Exchequer Chamber, where, after another year's delay, the judgment was, in Trinity term 1735, affirmed.

And now, as his last resource, Mr. Montgomery brought a writ of error in parliament, in support whereof it was said (T. Parker, T. Bootle), that by an act passed in Ireland, 2° Eliz. it was, inter alia, enacted, that all and every person and persons, that at any time thereafter should [208] be preferred, promoted, or collated to any archbishoprick, bishoprick, or to any other spiritual or ecclesiastical benefice, promotion, dignity, office, or ministry in that kingdom, before he or they should take upon him or them to receive, use, exercise, supply, or occupy any such archbishoprick, bishoprick, promotion, dignity, ministry, office, or service, should make, take, and receive the oath of supremacy, which is therein set forth, before such person as should have authority to admit any such person to such office, ministry, or service; or else before such person or persons, as by her Majesty, her heirs and successors, by commission under the great seal of England, or Ireland, or by the Lord Deputy, or other