Remarkable May 18. PROPOSITIONS By the COUNCIL 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, Die jovis 12. May, 1642. Ordered by the Lords and Commons assembled in Parliament, That the said Declaration shall be forthwith Printed and Published. John Brown Cler. Parl. 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 judges to deliver their Resolutions. IN as much as the Subjects of this Kingdom are free, loyal, and dutiful subjects to his most excellent Majesty, their natural Liege Lord and King, and to be governed only by the Common Laws of England, and Statutes of force in this Kingdom, in the same manner and form as his Majesty's subjects of the Kingdom are and aught to be governed by the 〈◊〉 Common Law of land Statutes of force in that Kingdom, which of right the subjects of this Kingdom do challenge, and make their protestation to be their birthright and best inheritance. In as much as the unlawful actions and proceed of some of his Majesty's Officers and Ministers of justice of late years introduced and practised in this Kingdom, did tend to the infringing and violation of the laws, liberties, and freedom of the said subjects, contrary to his Majesty's royal and pious intent 〈…〉. Therefore the Knights, Citizens, and Burgesses in Parliament assembled, not for any doubt or ambiguity which may be conceived or thought concerning the premises, nor of the ensuing Questions, but for manifestation and declaration of a clear truth, and of the s●i● Laws and Statutes already planted in this Kingdom. The said Knights, Citizens, and Burgesses do therefore pray both houses of Parliament may join in requiring the judges forthwith to declare in writing their Resolutions of, and unto the ensuing Questions, and subscribe to the same. 1. Whether the Subjects of this Kingdom be a free people, and to be governed only by the Common Laws of England, and Statutes of force in this Kingdom? 2. Whether the judges of this Land do take the oath of judges, and if so, whether upon pretence of any Act of State, Proclamation, Letter, or Direction under the Great or Privy Seal, or Privy Signer, or Letter, or other Commandment from the Lord Lieutenant, Lord Deputy, justice or justices, or other chief Governor of this Kingdom, they may hinder, stay, or delay the suit of any subject, or his judgement or Execution thereupon. If so, in what cases, and whether if they do hinder, stay, or delay such suits, judgements or executions thereupon, what punishment do they incur therefore? 3. Whether the King's Majesties Privy Counsel, either with the chief Governor or Governors of this Kingdom, or without him or them, be a place of judicature by the Common Laws: and whether in cases between party and party for debts, trespasses, accounts, possession, or trial of Land, and which of them may be heard and determined; and of what Civil causes they have jurisdiction, and by what Law, and of what force is their Order or Decree in such cases, or any of them. 4. The like of the chief Governor alone. 5. Whether grants of Monopolies be 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, loss, or forfeiture of goods, or otherwise; and which of them? 6. In what cases the Lord Lieutenant, or other chief Governor or Governors of this Kingdom, and Council, 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 Proclamation, or and concerning Monopolies; and what punishment do they incur that vote for the same? 7. Of what force is an Act of State or Proclamation in this Kingdom, to bind 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 do the judges of the Law that are Privy Councillors incur, that vote for such Acts, or execution thereof? 8. Are the subjects of this Kingdom subject to the Marsh 〈◊〉 ll Law; and whether any man in time of peace, and no enemy being in the field with banner displayed, can be sentenced to death: if so, by whom, and in what case; if not, what punishment do they incur, that in time of peace do execute Marshal Law? 9 Whether voluntarily oaths 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 Council Chamber, until he confess the offence for which he is censured? 11. Whether the judges of the King's Bench, or any of the judges of the Gaol delivery, or any other Court, and by what Law do 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 respite of homage arbitrarily, to what rate they please, by what Law they may distinguish between the respite of homage upon the diversity of the true value of the fees, whereas Elcuage is the same for great and small fees, and are proportionable by Parliament? 13. Whether it be censurable in the subjects of this Kingdom to repair into England to appeal unto his Majesty for redress of injury, or for other lawful occasions, if so, why and what condition of persons, and by what law? 14. Whether Deans and other dignitories of Cathedral Churches, be properly, and the mero june donative, and not elective and collative; if so, why, and by what Law, and whether the confirmation of a Dean 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 King's Bench or Exchequer, against Buroughes that anciently sent Burgesses to the Parliament, to show cause why they sent Burgesses, be legal; if not, what punishment ought to be inflicted upon them that have been the occasioners, procurers, and judges of and in such Quo warrantoes? 16. By what Law are jurors that give verdict according to then consciences, and are the sole judges of the facts censured in the Castle Chamber in great fines, and sometimes Pillory, with loss of ears, 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 respect of the quality of persons? 18. Whether in the Censures in the Castle Chamber regard be to be had to the words of the great Charter, viz. Salvo contenemento. 19 Whether it one that steals a sheep, or commit any other felony, and alter flieth the course of justice, or lieth in woods or mountains, upon his keeping be a traitor, if not, whether a proclamation can make him so? 20. Whether the testimony or verdict of Rebels, Traitors, protected Thiefs, or other infamous persons, be good evidence in law to be pressed at the trial of men for their lives; or whether the judge or jurors ought to be judge of the matter in fact? 21. By what Law are Fairs and Markets to be held in Capite, when no other express tenure is mentioned in his Majesty's Letters Patents or Grants of the s●me Fairs or Markets, although the rents or yearly sum be reserved thereout? Die jovis 12. May, 1642. The Declaration of both Houses of Parliament. THe Lords and Commons assembled in Parliament do declare, That they are resolved to maintain those Lords and Gentlemen, Committees of both Houses of Parliament residing at York, in those things they have done, and shall further do in obedience of their Commands for the preserving the peace of the Kingdom. The Lords and Commons do 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 employed 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 held Disturbers of the proceed of Parliament, and public enemies of the State. And that all persons are bound by their Protestation, to endeavour to bring them to condign punishment. The Lords and Commons do 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 Kingdom, and shall have the assistance of both Houses of Parliament, against any that shall presume to question them, for yielding 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 of Parliament. FINIS.