May 18.
Remarkable PROPOSITIONS By the COVNCELL IN IRELAND, Humbly Recommended to the Parliament in England, desiring them to move the Judges to deliver their Resolutions concerning the ensuing Questions, being in number 21.
Together with the Declaration of both Houses of Parliament,
Ordered by the Lords and Commons assembled in Parliament, That the said Declaration shall be forthwith Printed and Published.
Printed at London for W. G. and are to be sold by T. Bates. 1642.
Propositions by the Parliament in Ireland, humbly desiring the Parliament in England to move the Iudges to deliver their Resolutions.
IN as much as the Subjects of this Kingdome are free, loyall, and dutifull subjects to his most excellent Majesty, their naturall Liege Lord and King, and to be governed only by the Common Laws of England, and Statutes of force in this Kingdome, in the same manner and forme as his Majesties subjects of the Kingdome are and ought to bee governed by the same Common Lawes and Statutes of force in that Kingdome, which of right the subjects of this Kingdome doe challenge, and make their protestation to be their birthright and best inheritance.
In as much as the unlawfull actions and proceedings of some of his Majesties Officers and Ministers of Iustice of late yeares introduced and practised in this Kingdome, did tend to the infringing and violation of the lawes, liberties, and freedome of the said subjects, contrary to his M [...]jesties royall and pious intentions.
Therefore the Knights, Citizens, and Burgesses in [Page]Parliament assembled, not for any doubt or ambiguity which may be conceived or thought concerning the premisses, not of the ensuing Questions, but for manifestation and d [...]claration of a cleare truth, and of the s [...]id Lawes and Statutes already planted in this Kingdome.
The s [...]id Knights, Citizens, and Burgesses do therfore pray both houses of Parliament may joyn in requiring the Iudges forthwith to declare in writing their Resolutions of, and unto the ensuing Questions, and subscribe to the same.
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 Kingdome?
2. Whether the Iudges of this Land do take the oath of Iudges, and if so, whether upon pretence of any Act of State, Proclamation, Letter, or Direction under the Great or Privy Seale, or Privy Signet, or Letter, or other Commandment from the Lord Lieutenant, Lord Deputy, Iustice or Iustices, or other chiefe Governour of this Kingdome, they may hinder, stay, or delay the suit of any subject, or his Iudgement or Execution thereupon. If so, in what cases, and whether if they doe hinder, stay, or delay such suits, judgements or executions thereupon, what punishment doe they incurre therefore?
3. Whether the Kings Majesties Privy Counsell, 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 cases betweene party and party for debts, trespasses, [Page]accounts, possession, or triall of Land, and which of them may be heard and determined; and of what Civill causes they have jurisdiction, and by what Law, end of what force is their Order or Decree in such cases, or any of them.
4. The like of the chiefe Governour alone.
5. Whether grants of Monopolies bee warranted by Law, and of what, and in what cases; and how, and where, and by whom are the transgressors against such grants punishable: and whether by fine, mutilation of members, imprisonment, losse, or forfeiture of goods, or otherwise; and which of them?
6. In what cases the Lord Lieutenant, or other chief Governour or Governours of this Kingdome, and Councell, may punish by fine, mutilation of members, Pillory, or otherwise; whether they may sentence any to such punishments for infringing commands of, or concerning any Proclama [...]ion, or and concerning Monopolies; and what pun [...]shment doe they incurre that vote for the same?
7. Of what force is an Act of State or Proclamation in this Kingdome, to binde the liberties, goods, possessions, or inheritance of the natives thereof; whether they or any of them can alter the Common Law, or the infringers of them, lose their goods, chattels, or leases, or forfeit the same for infringing any such Act of State, Proclamation, or both; and what punishment doe the Iudyes of the Law that are Privie Councellors incurre, that vote for such Acts, or execution thereof?
8. Are the subj [...]cts of this Kingdome subj [...]ct to the Marshall Law; and whether any man in time of peace, and no enemy being in the field with banner displaid, [Page]can be sentenced to death: if so, by whom, and in what case; if not, what punishment doe they incurre, that in time of peace doe execute Marshall Law?
9. Whether voluntarily oathes taken freely before Arbitrators, for affirmance or disaffirmance of any thing, be punishable in the Castle Chamber, or any other Court, and why, and wherefore?
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 Castle Chamber, or Councell Chamber, untill he confesse the offence for which hee is censured?
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 treason to the parties accused, contrary to the law?
12. What power hath the Barons of the Exchequer to raise the respit of homage arbitrarily, to what rate they please, by what Law they may distinguish betweene the respit of homage upon the diversity of the true value of the fees, whereas Escuage is the same for great and small fees, and are proportionable by Parliament?
13. Whether it be censurable in the subjects of this Kingdome to repaire into England to appeale unto his Majesty for redresse of injury, or for other lawfull occasions, if so, why and what condition of persons, and by what law?
14. Whether Deanes and other dignitories, of Cathedrall Churches, be properly, and de mero jure donative, and not elective and collative; if so, why, [Page]and by what Law, and whether the confirmation of a Deane de facto of the Bishops grant be good and valid in Law, if not, by what Law?
15. Whether the issuing of Quo warranto out of the Kings Bench or Exchequer, against Buroughes that anciently sent Burgesses to the Parliament, to shew cause why they sent Burgesses to the Parliament, to shew cause why they sent Burgesses, be legall; if not, what punishment ought to be infl [...]cted upon them that have beene the occasioners, procurers, and Iudges of and in such Quo warrunto's?
16. By what Law are Iurors that give verdict according to their consciences, and are the sole Iudges of the facts censured in the Castle Chamber in great fines, and sometimes Pillory, with losse of eares, and bored through the tongue, and marked sometimes in the forehead with a hot iron and other like punishments?
17. By what Law are men censurable in the Castle Chamber, with mutilation of members, or any other brand of infamy; and in what causes, and what punishment in each cause there is due, without resp [...]ct of the quality of persons?
18. Whether in the Censures in the Castle Chamber regard be to bee had to the words of the great Charter, viz. Salvo contenemento.
19. Whether if one that ste [...]les a sheepe, or commit any other felony, and after flyeth the course of Iustice, or lyeth in woods or mountaines, upon his keeping bee a traytor, if not, whether a proclamation can make him so?
20. Whether the testimony or verdict of Rebells, Traytors, protected Theeves, or other infamous persons, be good evidence in law to be pressed at the triall [Page]of men for their lives; or whether the Iudge or Iurors ought to be Iudge of the matter in fact?
21. By what Law are Fayres and Markets to bee held in Capite, when no other expresse tenure is mentioned in his sMajesties Letters Patents or Grants of th [...] s [...]me Fayres or Markets, although the rents or yearly sum be reserved thereout?
The Declaration of both Houses of Parliament.
THe Lords and Commons assembled in Parliament doe declare, That they are resolv'd to maintaine those Lords and Gentlemen, Committees of both Houses of Parliament residing at Yorke, in those things they have done, and shall further doe in obedience of their Commands for the preserving the peace of the Kingdome.
The Lords and Commons doe declare, That if any person whatsoever shall arrest, or imprison the persons of those Lords and Gentlemen, or any of them, or any member of either House, that are, or shall be imployed in the service of both Houses of Parliament; or shall offer violence to them, or any of them, for doing of any thing in pursuance of their Commands, or the Instructions of both Houses, given unto them, shall be held Disturbers of the proceedings of Parliament, and publike enemies of the State. And that all persons are bound by their Protestation, to endeavour to bring them to condigne punishment.
The Lords and Commons doe declare, That those of the City of London, and all other persons that have obeyed the Ordinance for the Militia; and done any thing in execution thereof, have done it according to the Law of the Land, and in pursuance of what they were commanded by both Houses of Parliament, and for the defence and safety of the King and Kingdome, and shall have the assistance of both Houses of Parliament, against any that shall presume to question them, for yeelding their obedience to the said command, in this necessary and important service; And that whosoever shall obey the said Ordinance for the time to come, shall receive the same approbation and assistance from both Houses or Parliament.