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<DATE>12-14-11</DATE>
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<NAME>Mona Logarbo</NAME>
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<TEXT LANG="eng">
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<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1">
<PB REF="2">
<PB REF="2" MS="y">
<P><HI>May</HI> 18.</P>
<P><HI>Remarkable</HI> PROPOSITIONS By the COVNCELL IN IRELAND, Humbly Recommended to the Parliament in <HI>England,</HI> de&s;iring them to move the Judges to deliver their Re&s;olutions concerning the en&s;uing Que&s;tions, being in number 21.</P>
<P>Together with the Declaration of both Hou|&s;es of Parliament,</P>
<P><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="license">
<OPENER><DATELINE><DATE>Die Iovis 12. May, 1642.</DATE></DATELINE></OPENER>
<P>Ordered by the Lords and Commons a&s;&s;embled in Parliament, That the &s;aid Declaration &s;hall be forthwith Printed and Publi&s;hed.</P>
<CLOSER><SIGNED>John Brown Cler. Parl.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></P>
<P>Printed at London for <HI>W. G.</HI> and are to be &s;old by <HI>T. Bates.</HI> 1642.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="Parliamentary propositions">
<PB REF="3">
<PB REF="3">
<HEAD>Propo&s;itions by the Parliament in Ire|land, humbly de&s;iring the Parliament in England to move the Iudges to deliver their Re&s;olutions.</HEAD>
<P>_IN as much as the Subjects of this Kingdome are free, loyall, and du|tifull &s;ubjects to his mo&s;t excellent Maje&s;ty, their naturall Liege Lord and King, and to be governed on|ly by the Common Laws of Eng|land, and Statutes of force in this Kingdome, in the &s;ame manner and forme as his Ma|je&s;ties &s;ubjects of the Kingdome are and ought to bee governed by the &s;ame Common Lawes and Statutes of force in that Kingdome, which of right the &s;ubjects of this Kingdome doe challenge, and make their pro|te&s;tation to be their birthright and be&s;t inheritance.</P>
<P>In as much as the unlawfull actions and proceedings of &s;ome of his Maje&s;ties Officers and Mini&s;ters of Iu|&s;tice of late yeares introduced and practi&s;ed in this Kingdome, did tend to the infringing and violation of the lawes, liberties, and freedome of the &s;aid &s;ubjects, contrary to his M<GAP DESC="illegible" EXTENT="1 letter">je&s;ties royall and pious intentions.</P>
<P>Therefore the Knights, Citizens, and Burge&s;&s;es in
<PB REF="4">Parliament a&s;&s;embled, not for any doubt or ambiguity which may be conceived or thought concerning the premi&s;&s;es, not of the en&s;uing Que&s;tions, but for mani|fe&s;tation and d<GAP DESC="illegible" EXTENT="1 letter">claration of a cleare truth, and of the &s;<GAP DESC="illegible" EXTENT="1 letter">id Lawes and Statutes already planted in this King|dome.</P>
<P>The &s;<GAP DESC="illegible" EXTENT="1 letter">id Knights, Citizens, and Burge&s;&s;es do therfore pray both hou&s;es of Parliament may joyn in requiring the Iudges forthwith to declare in writing their Re&s;o|lutions of, and unto the en&s;uing Que&s;tions, and &s;ub|&s;cribe to the &s;ame.</P>
<P N="1">1. Whether the Subjects of this Kingdome bee a free people, and to be governed only by the Common Lawes of England, and Statutes of force in this King|dome?</P>
<P N="2">2. Whether the Iudges of this Land do take the oath of Iudges, and if &s;o, whether upon pretence of any Act of State, Proclamation, Letter, or Direction un|der the Great or Privy Seale, or Privy Signet, or Let|ter, or other Commandment from the Lord Lieute|nant, Lord Deputy, Iu&s;tice or Iu&s;tices, or other chiefe Governour of this Kingdome, they may hinder, &s;tay, or delay the &s;uit of any &s;ubject, or his Iudgement or Execution thereupon. If &s;o, in what ca&s;es, and whether if they doe hinder, &s;tay, or delay &s;uch &s;uits, judgements or executions thereupon, what puni&s;hment doe they in|curre therefore?</P>
<P N="3">3. Whether the Kings Maje&s;ties Privy Coun&s;ell, either with the chiefe Governour or Governours of this Kingdome, or without him or them, be a place of Iudicature by the Common Lawes: and whether in ca&s;es betweene party and party for debts, tre&s;pa&s;&s;es,
<PB REF="4">accounts, po&s;&s;e&s;&s;ion, or triall of Land, and which of them may be heard and determined; and of what Ci|vill cau&s;es they have juri&s;diction, and by what Law, end of what force is their Order or Decree in &s;uch ca|&s;es, or any of them.</P>
<P N="4">4. The like of the chiefe Governour alone.</P>
<P N="5">5. Whether grants of Monopolies bee warranted by Law, and of what, and in what ca&s;es; and how, and where, and by whom are the tran&s;gre&s;&s;ors again&s;t &s;uch grants puni&s;hable: and whether by fine, mutilation of members, impri&s;onment, lo&s;&s;e, or forfeiture of goods, or otherwi&s;e; and which of them?</P>
<P N="6">6. In what ca&s;es the Lord Lieutenant, or other chief Governour or Governours of this Kingdome, and Councell, may puni&s;h by fine, mutilation of members, Pillory, or otherwi&s;e; whether they may &s;entence any to &s;uch puni&s;hments for infringing commands of, or concerning any Proclama<GAP DESC="illegible" EXTENT="1 letter">ion, or and concerning Mo|nopolies; and what pun<GAP DESC="illegible" EXTENT="1 letter">&s;hment doe they incurre that vote for the &s;ame?</P>
<P N="7">7. Of what force is an Act of State or Proclama|tion in this Kingdome, to binde the liberties, goods, po&s;&s;e&s;&s;ions, or inheritance of the natives thereof; whe|ther they or any of them can alter the Common Law, or the infringers of them, lo&s;e their goods, chattels, or lea&s;es, or forfeit the &s;ame for infringing any &s;uch Act of State, Proclamation, or both; and what puni&s;hment doe the Iudyes of the Law that are Privie Councellors incurre, that vote for &s;uch Acts, or execution thereof?</P>
<P N="8">8. Are the &s;ubj<GAP DESC="illegible" EXTENT="1 letter">cts of this Kingdome &s;ubj<GAP DESC="illegible" EXTENT="1 letter">ct to the Mar&s;hall Law; and whether any man in time of peace, and no enemy being in the field with banner di&s;plaid,
<PB REF="5">can be &s;entenced to death: if &s;o, by whom, and in what ca&s;e; if not, what puni&s;hment doe they incurre, that in time of peace doe execute Mar&s;hall Law?</P>
<P N="9">9. Whether voluntarily oathes taken freely before Arbitrators, for affirmance or di&s;affirmance of any thing, be puni&s;hable in the Ca&s;tle Chamber, or any o|ther Court, and why, and wherefore?</P>
<P N="10">10. Why, and by what Law, and by what rule of policy is it, that none is admitted to reducement of fine or other penalties in the Ca&s;tle Chamber, or Councell Chamber, untill he confe&s;&s;e the offence for which hee is cen&s;ured?</P>
<P N="11">11. Whether the Iudges of the Kings Bench, or any of the Iudges of the Gaole delivery, or any other Court, and by what Law doe or can deny the copies of indictments of felony or trea&s;on to the parties accu|&s;ed, contrary to the law?</P>
<P N="12">12. What power hath the Barons of the Exche|quer to rai&s;e the re&s;pit of homage arbitrarily, to what rate they plea&s;e, by what Law they may di&s;tingui&s;h be|tweene the re&s;pit of homage upon the diver&s;ity of the true value of the fees, whereas E&s;cuage is the &s;ame for great and &s;mall fees, and are proportionable by Par|liament?</P>
<P N="13">13. Whether it be cen&s;urable in the &s;ubjects of this Kingdome to repaire into England to appeale unto his Maje&s;ty for redre&s;&s;e of injury, or for other lawfull oc|ca&s;ions, if &s;o, why and what condition of per&s;ons, and by what law?</P>
<P N="14">14. Whether Deanes and other dignitories, of Cathedrall Churches, be properly, and <HI>de mero jure</HI> donative, and not elective and collative; if &s;o, why,
<PB REF="5">and by what Law, and whether the confirmation of a Deane <HI>de facto</HI> of the Bi&s;hops grant be good and va|lid in Law, if not, by what Law?</P>
<P N="15">15. Whether the i&s;&s;uing of <HI>Quo warranto</HI> out of the Kings Bench or Exchequer, again&s;t Buroughes that an|ciently &s;ent Burge&s;&s;es to the Parliament, to &s;hew cau&s;e why they &s;ent Burge&s;&s;es to the Parliament, to &s;hew cau&s;e why they &s;ent Burge&s;&s;es, be legall; if not, what puni&s;h|ment ought to be infl<GAP DESC="illegible" EXTENT="1 letter">cted upon them that have beene the occa&s;ioners, procurers, and Iudges of and in &s;uch <HI>Quo warrunto's?</HI></P>
<P N="16">16. By what Law are Iurors that give verdict accor|ding to their con&s;ciences, and are the &s;ole Iudges of the facts cen&s;ured in the Ca&s;tle Chamber in great fines, and &s;ometimes Pillory, with lo&s;&s;e of eares, and bored through the tongue, and marked &s;ometimes in the fore|head with a hot iron and other like puni&s;hments?</P>
<P N="17">17. By what Law are men cen&s;urable in the Ca&s;tle Chamber, with mutilation of members, or any other brand of infamy; and in what cau&s;es, and what puni&s;h|ment in each cau&s;e there is due, without re&s;p<GAP DESC="illegible" EXTENT="1 letter">ct of the quality of per&s;ons?</P>
<P N="18">18. Whether in the Cen&s;ures in the Ca&s;tle Cham|ber regard be to bee had to the words of the great Charter, <HI>viz. Salvo contenemento.</HI></P>
<P N="19">19. Whether if one that &s;te<GAP DESC="illegible" EXTENT="1 letter">les a &s;heepe, or com|mit any other felony, and after flyeth the cour&s;e of Iu|&s;tice, or lyeth in woods or mountaines, upon his keep|ing bee a traytor, if not, whether a proclamation can make him &s;o?</P>
<P N="20">20. Whether the te&s;timony or verdict of Rebells, Traytors, protected Theeves, or other infamous per|&s;ons, be good evidence in law to be pre&s;&s;ed at the triall
<PB REF="6">of men for their lives; or whether the Iudge or Iurors ought to be Iudge of the matter in fact?</P>
<P N="21">21. By what Law are Fayres and Markets to bee held <HI>in Capite,</HI> when no other expre&s;&s;e tenure is men|tioned in his sMaje&s;ties Letters Patents or Grants of th<GAP DESC="illegible" EXTENT="1 letter"> &s;<GAP DESC="illegible" EXTENT="1 letter">me Fayres or Markets, although the rents or year|ly &s;um be re&s;erved thereout?</P>
</DIV1>
<DIV1 TYPE="Parliamentary declaration">
<OPENER><DATELINE>s<DATE>Die Iovis 12. May, 1642.</DATE></DATELINE></OPENER>
<HEAD>The Declaration of both Hou&s;es of Parliament.</HEAD>
<P>THe Lords and Commons a&s;&s;embled in Parliament doe declare, That they are re&s;olv'd to maintaine tho&s;e Lords and Gentle|men, Committees of both Hou&s;es of Parliament re&s;iding at Yorke, in tho&s;e things they have done, and &s;hall further doe in obedience of their Commands for the pre&s;erving the peace of the Kingdome.</P>
<P>The Lords and Commons doe declare, That if any per&s;on what|&s;oever &s;hall arre&s;t, or impri&s;on the per&s;ons of tho&s;e Lords and Gen|tlemen, or any of them, or any member of either Hou&s;e, that are, or &s;hall be imployed in the &s;ervice of both Hou&s;es of Parliament; or &s;hall offer violence to them, or any of them, for doing of any thing in pur&s;uance of their Commands, or the In&s;tructions of both Hou&s;es, given unto them, &s;hall be held Di&s;turbers of the proceedings of Par|liament, and publike enemies of the State. And that all per&s;ons are bound by their Prote&s;tation, to endeavour to bring them to con|digne puni&s;hment.</P>
<P>The Lords and Commons doe declare, That tho&s;e of the City of London, and all other per&s;ons that have obeyed the Ordinance for the <HI>Militia;</HI> and done any thing in execution thereof, have done it according to the Law of the Land, and in pur&s;uance of what they were commanded by both Hou&s;es of Parliament, and for the defence and &s;afety of the King and Kingdome, and &s;hall have the a&s;&s;i&s;tance of both Hou&s;es of Parliament, again&s;t any that &s;hall pre&s;ume to que&s;tion them, for yeelding their obedience to the &s;aid command, in this nece&s;&s;ary and important &s;ervice; And that who&s;oever &s;hall obey the &s;aid Ordinance for the time to come, &s;hall receive the &s;ame ap|probation and a&s;&s;i&s;tance from both Hou&s;es or Parliament.</P>
<TRAILER>FINIS.</TRAILER>
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