Sixteene queres propounded by the Parliament of Ireland to the judges of the said kingdome.: As also, another speech, made by Captaine Audley Mervin, to the House of Commons, concerning their priviledges, and their exorbitant grievances in that kingdome.

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Title
Sixteene queres propounded by the Parliament of Ireland to the judges of the said kingdome.: As also, another speech, made by Captaine Audley Mervin, to the House of Commons, concerning their priviledges, and their exorbitant grievances in that kingdome.
Author
Ireland. Parliament.
Publication
[London :: s.n.],
Printed in the yeare, 1641.
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Subject terms
Ireland -- History
Ireland -- Politics and government
Cite this Item
"Sixteene queres propounded by the Parliament of Ireland to the judges of the said kingdome.: As also, another speech, made by Captaine Audley Mervin, to the House of Commons, concerning their priviledges, and their exorbitant grievances in that kingdome." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A87331.0001.001. University of Michigan Library Digital Collections. Accessed May 4, 2024.

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SIXTEENE QVAERFS, Propounded by the Parlia∣ment of Ireland, to the Judges of the said Kingdome.

I. THat the Judges may set forth and de∣clare, whether the Inhabitants of this kingdome be a free people, or whether they be to bee governed onely by the antient common lawes of England.

II. Whether the Judges of the Land doe take the Oath of Judges, and if so, whether under pretext of any Acts of State, Proclamation, Writ, Letter, or direction under the great or privie Seale, or privie Signet, or Letter, or other commandement from the Lord Lieute∣nant, Lord Deputie, Justice, Justices, or other chiefe Governor, or Governors of this King∣dome

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they may hinder, stay or delay the suite of any Subject, or his judgment, or execution thereupon, if so, in what cases, and whether, if they doe hinder, stay or delay such suite, judge∣ment or execution, what punishment doe they incurre by the Law for their deviation and transgression therein.

III. Whether the Kings Majesties privie Coun∣sell, either together, or with the chiefe Gover∣nor or Governors of this Kingdome, without him or them be a place of Judicature, by the common Lawes, where in case betweene party and party for Debts, Trespasses, Accounts, Covenants, possessions, and title of Land, or a∣ny of them, and with them may be heard, and determined, and of what civill Causes they have jurisdiction, and by what Law, and of what force is their order or Decree, in such cases or any of them.

IV. The like of the chiefe Governors alone.

V. Whether Grant of Monopolies be warran∣table by the Law, and of what, and in what Ca∣ses, and how, and where, and by whom, are the Transgressors against such Grantees punish∣able,

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and whether by Fine and mutilation of Members, imprisonment, losse, and forfeiture of goods, or otherwise, and which of them.

VI. Jn what Cases the Lord Deputie, or other chiefe Governors of this Kingdome & Coun∣sell, may punish by Fine, imprisonment, Mu∣tilation of Members, Pillory, or otherwise, they may sentence any to such the same, or the like punishment, for infringening the com∣mands of any Proclamation, or Monopolie, and what punishment doe they incurre, that do vote for the same.

VII. Of what force is an Act of state or Pro∣clamation in this Kingdome to bind the liber∣ty, goods, possessions, or inheritance of the na∣tives 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 by infringing any such Act of State or Proclamation, or both, and what pu∣nishment doe the sworne Judges of the Law, that are privie Counsellors, incurre that vote for such Act and execution of it.

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VIII. Whether the subjects of this Kingdome be subject to the Marshall Law, and whether any man in time of peace, no enemy being in the fields, with displayed can be sentēced to Death, if so, by whom, and in what cases, if not, what punishment do they incurre that in time of peace, execute Marshall Law.

IX. Whether voluntary Oathes taken freely before Arbitrators, or others for affirmance, or disaffirmance of any thing, or for the true performance of any thing, be punishable in the Castle-Chamber, or in any other Court, and why and wherefore.

X. Why, and by what Law, and upon what Rule of policie is it, that none is admitted to reducement in the Castle-chamber, untill hee confesse the offence for which hee is censured, when as Revera he might be innocent therof, though subordined proofes or circumstances, might induce him to be censured.

XI. Whether the Judges of the Kings Bench, and by what law, doe or can deny, the copies of Indictments, of Fellony, or Treason to the par∣ties

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accused of Treason, contrary to the statute of 42. Edw. 3.

XII. Whether the statute of Baltinglase take from the Subjects, out-lawed for Treason, though erroniously, the benefit of his Writ of Er∣ror, and how, and by what meanes, that blind clause not warranted, by the body of that Act came to be inserted, and by what Law is it countenanced to the diminution of the liberty of the subject.

XIII. What power have the Barons and the Court of Exchequer, to raise the respite of homage Arbitrarily to what value they please, and to what value they may raise it, and by what Law they may distinguish betweene respite of ho∣mage, upon the diversities of the true value of the Fees, when as all Escuage is the same for great and small Fees, and the apportionable by Parliament.

XIIII. Whether it's censurable in the subjects of this Kingdome, to repaire into England to ap∣peale to his Majesty for Redresse of Jnjuries, or for others their accusers, if so, why, and in what condition of persons, and by what Law.

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XV. Whether Deanes and other Dignitaries of Cathedrall Churches, be properly de mero jure donative, by this King, or not elective or colla∣tive, if so, why, and by what Law, and whether the confirmation of a Deane de facto of the Bishops Grantee be good, and valid in the Law, or no, if not, by what Law.

XVI. Whether the issuing of Quo Warranto's a∣gainst Burroughes, that antiently, and recently sent Burgesses to the Parliament, to shew cause why they sent Burgesses to the Parliament be legall.

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