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A87331 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. Ireland. Parliament.; Mervyn, Audley, Sir, d. 1675. 1641 (1641) Wing I652; Thomason E208_11; Thomason E208_12; ESTC R17541 7,669 25

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SIXTEENE QVERES 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 Printed in the Yeare 1641. SIXTEENE QVAERFS Propounded by the Parliament of Ireland to the Judges of the said Kingdome I. THat the Judges may set forth and declare 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 Lieutenant Lord Deputie Justice Justices or other chiefe Governor or Governors of this Kingdome 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 judgement or execution what punishment doe they incurre by the Law for their deviation and transgression therein III. Whether the Kings Majesties privie Counsell either together or with the chiefe Governor 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 any 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 warrantable by the Law and of what and in what Cases and how and where and by whom are the Transgressors against such Grantees punishable 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 Counsell may punish by Fine imprisonment Mutilation of Members Pillory or otherwise they may sentence any to such the same or the like punishment for infringening the commands 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 Proclamation in this Kingdome to bind the liberty 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 by infringing any such Act of State or Proclamation or both and what punishment doe the sworne Judges of the Law that are privie Counsellors incurre that vote for such Act and execution of it 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 parties 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 Error 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 homage 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 appeale 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 XV. Whether Deanes and other Dignitaries of Cathedrall Churches be properly de mero jure donative by this King or not elective or collative 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 against Burroughes that antiently and recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament be legall CAPTAINE AVDLEY MERVINS SPEECH to the House of Commons in Ireland Mr Speaker IT was equall care and policy in our Predecessours First to lay a foundation and then by a continued industry to build and perfect so glorious a fabrique as the house of Cōmons lawfull summoned by the Kings writ represents it selfe unto us at this day In which so elaborate and exquisite a structure being finished and crowned with those fruitfull and peace-speaking events may challenge by right the title of a Jubile To so great a modell with neate and provident husbandry they intend no lesse then sutable furniture which allowed pride disdaine to cloath it with any other but with what by his Majesties favour they had procured out of his owne store J meane those great and large priviledges which by severall acts of royall favor have bin dispensed annexed nay hypostatically united to the same Priviledges are the soule by which we move the Sinues and Nerues by which we are compacted they are thē by which we breath Priviledges for their birth allyed to the Kings Prerogative for their antiquity sacred for their strength so re-intrenched by cōmon law fortified by statutes insconsed by precedents of all times that no man ever attempted their violation with impunity so that now and then it may be truly said The Kings house is all glorious within If we which are Heires to their lawes is unto their lands will strive to make no addition to the rich invent ●●ie of those priviledges they have bequeathed ●●to us yet with united spirits let