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A28828 The history of the execrable Irish rebellion trac'd from many preceding acts to the grand eruption the 23 of October, 1641, and thence pursued to the Act of Settlement, MDCLXII. Borlase, Edmund, d. 1682? 1680 (1680) Wing B3768; ESTC R32855 554,451 526

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October either by himself or his Under-tenants or by receiving the Rents Issues or profits thereof shall immediately restore upon demand the said possession to the party or parties so put out with such reasonable damages as the Council-provincial shall think fit And if the party do refuse to restore the said possession as aforesaid upon the Demand of the party so put out his Heirs or Assigns made to the said possessor his Servants and Adherents in the Premisses or publication of this Order in the Parish where such Land lieth that upon his or their denial thereof or default therein he his Heirs and Assigns shall be for ever after debarr'd and secluded from all and every Right Title Interest or Demand which he or they make or pretend to all or any the said Lands Tenements Hereditaments And if after such Denial or Default made the said party his Heirs or Assigns shall not immediately restore the possession of the said Lands Tenements or Hereditaments so gain'd to the party griev'd his Heirs or Assigns That he they or his Adherents in the premises shall be declared and proceeded with as Enemies provided and so it is meant That if any of the parties so put out be declar'd a Neuter or Enemy by the Supream or Provincial-councel then the party who gain'd the possession as aforesaid shall give up the possession to such person or persons as shall be nam'd either by the said Council-provincial or Supream Council to be dispos'd of towards the maintenance of the general Cause upon the pain and penalty aforesaid And as for the Rents and mean profits of the said Lands Tenements and Hereditaments and all kind of Rents and the Goods or Chattels taken or detain'd from any Catholick as aforesaid due satisfaction is to be made for the same to the parties from whom the Rents Goods or Chattles were or shall be detain'd since these troubles begun as the Provincial and County-council shall respectively order 13. Item It is further ordered and established for the removal of evil disorder and enmity and to the end all Men may bend their thoughts and actions to the common Cause that all possessions of Lands and Hereditaments shall continue and remain unto such as have already join'd in this Union as they have been for three years past next before the beginning of these Troubles And that no Title of Lands shall be drawn into any Debate or Question until the next Assembly other than in case of Mortgages Leases and particular Estates de facto determin'd or determinable by Effluxion or other determination thereof 14. Item For the avoiding of National distinction between the Subjects of his Majesties Dominions which this Assembly doth utterly detest and abhor and which ought not to be endured in a well-govern'd Commonwealth It is ordered and established that upon pain of the highest punishment which may be inflicted by Authority of this Assembly that every Roman Catholick as well English Welsh as Scotch who was of that profession before the troubles and who will come and please to reside in this Kingdom and join in the present Union shall be preserv'd and cherish'd in his Life Goods and Estates by the Power Authority and force if need require of all the Catholicks of Ireland as fully and freely as any Native born therein and shall be acquitted and eas'd of one third part in three parts to be divided of publick Charges or Levies rais'd or to be rais'd for the maintenance of this holy VVar. 15. Item And it is further ordered and establish'd that there shall be no distinction or comparison made betwixt old Irish and old and new English or between Septs or Families or between Citizens and Townsmen and Countreymen joyning in union upon pain of the highest punishment that can be inflicted by any of the Councils aforesaid according to the nature and quality of the Offences and Division like to spring thence 16. Item It is further ordered and establish'd that all new Converts born in any of his Majesties Dominions or elsewhere without occasion given by the persons converted to the contrary and joyning in this Cause shall be accounted Catholick Natives to all intents and purposes 17. Item It is further ordered and establish'd that all Artificers Artizans Navigators and Mariners not being Denizens who shall please to reside in this Kingdom shall during their Residence in this Kingdom after such time as they and their Families shall be here setled have and enjoy the free liberty and priviledges of Natives in all respects 18. Item It is further ordered and establish'd that in regard of of the present Estate and condition of this Kingdom if any Catholick or Catholicks are admitted of or permitted to continue in the Inns of Court and to the end the laudable Laws of England may not die amidst the Disasters of these times one Inn of Court shall be erected in such a place of this Kingdom as to the Supream Council shall be thought fit for the training of the Gentry of this Kingdom to the knowledg of these Laws 19. Item It is further ordered and establish'd that no Lord Gentleman or any other person shall raise or keep any Company of Souldiers but such as shall be authoriz'd by the Supream Council Provincial-council or County-council or Magistrate within their own Corporate Towns And that the Statute against Sesse and Coin or Livery be duly put in execution And that no Company or Souldiers whatsoever shall be paid or reliev'd by the Countrey except such as are and shall be inrolled in the Marshal List And none shall be billeted but by the Constable 20. Item It is further ordered and establish'd for the advancement of Learning that in every Province of the Kingdom Free-Schools shall be erected and maintain'd so many and in such places and in such manner and form as by the Metropolitan of the Diocess in their respective Provinces shall be thought fit 21. Item It is further ordered and establish'd that the King's Customs Rents Revenues Arrears and Debts And the Rents Estates and profits of the Lands Hereditaments Goods and Chattels of the Enemies which are or shall be declared by the Provincial or Supream Council or by the General Council to be receiv'd and collected and be dispos'd for his Majesties use and service 22. Item It is further ordered and establish'd that Church-lands and Tithes impropriate in the Catholick-owners before these troubles and joyning in this Cause may be left to them according to their several Estates until the same be disposed of by Parliament they in the interim answering the Rents as accustomed 23. Item It is further ordered and establish'd that in every County there be Collectors and Receivers to be approved in the County-council for the same And that they be accountable to the County-council for the same which County-council shall be accountable to the Provincial-council therein half-yearly and the Provincial-council to the Supream-Council yearly to the end the same may not be conceal'd or
thereupon the Court after such retorn made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said Retorn be just or legal or not and shall thereupon do what to Justice shall appertain either by delivering bayling or remanding the Prisoner or Prisoners 7. An Act of State or Proclamation in this Kingdom cannot bind the liberty Inheritance possession or goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as breakers and violaters of their Oaths of Judges 8. No Subject of this Kingdom ought to be sentenced to death or Executed by Martial Law in time of peace and if any Subject be so sentenced or executed by Martial Law in time of peace the Authors and Actors of any such Sentence or Execution are punishable by the law of the Land for their so doing as doers of their own wrong and contrary to the said law of the Land 9. No Man ought to be punished in the Castle-Chamber or in any other Court for taking a voluntary Oath before Arbitrators for affirmance or disaffirmance of any thing or the true performance of any thing in Civil Causes Nor are the Arbitrators before whom such voluntary Oaths shall be taken punishable 10. By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledge the offence layed to his charge or the justness of any Censure past against him in the Castle-Chamber or at the Councel-Table nor ought to be detained in Prison or abridged of his liberty or the reducement of his Fine stayed or delayed until he do acknowledg such offence or the justness of such Censure And it is further declared That no such inforced or wrested confession or acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. The Judges of the Kings Bench or Justices of Gaol-delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the parties indicted 12. The Barons of the Exchequer ought not to raise the respit of Homage above the usual rates appertaining in and by the course and presidents of that Court continued until the year of our Lord God 1637. And the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the respit of Homage upon any diversity of the true values of the Knight's Fees 13. The Subjects of this Kingdom may lawfully repair into England to repeal to his Majesty for redress of Injuries or for other their lawful occasions And for their so doing ought not to be punished or questioned upon the Statute of 5. of King Richard the second nor by any other Law or Statute of force in this Kingdom eminent Officers or Ministers of State Commanders and Souldiers of his Majesties Army The Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenues and Customes whose attendance is necessary requisite by the Laws and Statutes of the Realm only excepted 14. Deaneries or other Ecclesiastical Dignities of this Realm are not de mero Jure Donative but some are Donative and some Elective and some are Collative according to their respective foundations And the confirmation of the Bishops grants by a Dean de facto having actually stallum in Choro vocem in Capitulo togegether with the Chapter is good in Law 15. The issuing of Quo warrantoes out of the Court of Kings Bench Court of Exchequer or any other Court against Borroughs that antiently or recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament and the proceedings thereupon are Coram non Judice illegal and void And the right of sending Burgesses to the Parliament is questionable in Parliament only And the occasioners procurers and Judges in such Quowarrantoes and proceedings are punishable as in Parliament shall be thought consonant to Law and Justice 16. Jurors are the sole Judges of the matter in fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. No man ought to be censured in the Castle-Chamber in the mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly limited by the Statutes of this Realm in such cases provided 18. In the Censures of the Castle-Chamber especially regard ought to be had to the words of the great Charter viz. Salvo contenemento c. 19. A Felon who flies the course of Justice and lieth in VVoods Mountains or elsewhere upon his keeping is no Traytor and a Proclamation cannot make him a Traytor 20. The Testimony of convicted or protected Rebels Traytors Felons is no sufficient evidence in Law upon the Trial of any person for his life And the credit of the Testimonie of persons accused or impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the truth and validity of the said Testimony 21. The King grants Lands to be held in free and Common Soccage as of a Castle or Mannor by Letters Patents under the great Seal and by the same Letters Patents or by other Letters Patents grants a Fair and Market reserving a yearly Rent or sum without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights-Service in Capite or otherwise in Capite FITZ GERALD's Edict manifesting the Cause of his Rebellion relating to fol 15. Edictum Illustrissimi Domini Jacobi Geraldini de Justitia ejus Belli quod Hibernia pro fide gerit SI ut bellum aliquod justè geratur tria requiruntur Causa Justa Potestas Legitima Legitimus belli administrandi Modus Haec tria in hoc Bello concurrere jam planum fiet Causa enim hujus belli est dei Gloria Cui externum Sacrificii cultum visibilem Sancti Altaris honorem ab Haereticis impiè ablatum nos restituendum curamus Gloria item Christi Cujus Sacramenta gratiam conferre cum Haeretici blasphemè negent Christi Evangelium ejusdem infirmitatis accusant ob quam lex reprobata fuit Gloria item Ecclesiae Catholicae quam contra Scripturarum veritatem Haeretici aliquot saeculis obscuram mundo ignotam fuisse mentiuntur At in Dei Nomine per Christi Sacramenta sanctificando