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1611. Vol. 629, p. 34. 97. PROPOSITIONS from the LO. DEPUTY and COUNCIL in IRELAND touching ECCLESIASTICAL GOVERNMENT.
The livings of the several parsons and incumbents in the province of Ulster now to be settled by the King's care and providence established by Act of Parliament. That the feast of the Nativity and other festivals be here observed and kept on such days and times as the same are now observed and kept in England, and at no other. An Act to restrain licentious adulteries, and that taking a second husband or second wife, the first living, shall be felony, according to the law in England. That punishment be inflicted upon such as put away their wives and keep queans or take and keep women upon liking, not being married, and upon the minister who shall divorce people without good authority, and upon officers lawfully authorized who shall divorce unlawfully. An Act prohibiting the unjust exactions of ministers for mortuaries and such like, and to allow them such mortuaries and duties as they may lawfully take by the laws and statutes in force in England. An Act to be made for true payment of tithe to be extracted out of 32 H. 8, 2 Ed. 6, now in force in England, and to make it felony for a priest, friar, or other ecclesiastical person claiming jurisdiction from the Pope to exact or take tithes, with some punishment upon the payers.
Vol. 629, p. 35. 98. PROPOSITIONs touching his Majesty's Royal Person and Government.
An Act for the punishment of such as slanderously report of his Majesty's person and Government. An Act wherein the statute made in K. Ed. I. time and in every king's reign against the usurped power of the Church of Rome are shortly recited and the laws confirmed, and the fine of 20l. imposed upon such as shall give any maintenance to such as use or exercise any authority within this kingdom under the Pope or Bishop of Rome, mediately or immediately. An Act that all his Majesty's subjects who are in this kingdom above the age of sixteen shall take the oath of allegiance, established in England, before commissioners, as in these Acts is expressed. An Act to make the laws and statutes now in force in England against sectaries and recusants in force in this kingdom against the natives of England who now resort into this kingdom for liberty of conscience against these laws.
Propositions touching the increase of the King's Revenues.
That it be enacted that all commodities of this kingdom may be freely exported, and all merchandizes freely brought
The country is poor and ruinous, so that consideration is to be had of this.
in, the King's customs being paid. The quays and harbours
for transportation and importation to be made certain, with
restraint of wheat, if the barrel of wheat exceed 13s. 4d.
English. This may be on probation for some years if it shall
be so thought fit.
An Act to be passed for a grant of subsidies as was granted
to Henry, VII. Queen Mary, and Elizabeth, in the 11th of her
reign, which was 13s. 4d. out of every ploughland for ten years
with exception of some freedoms
The clergy to grant the 20th part of their livings yearly for
An Act for the better paying of poundage and delivering
books of account into the exchequer.
An Act for declaration of the law in this kingdom to have
been and so ever hereafter to be taken and expounded, that
the party killed or dying in open rebellion shall forfeit, as if
he was attainted of treason by verdict and judgment according
to the course of the common law. -
Propositions for the Government of the Commonwealth.
An Act to decrease the excessive number of justices of the
peace; custos rotulorum and clerks of the peace to be resident
in their counties. Directions for justices of the peace and
high constables to demean themselves in their offices and
An Act to redress the abuses and extortions of sheriffs and
clerks of the market.
An Act to prevent all future extortions and deceits in
officers of courts, attornies, clerks, and solicitors.
An Act for punishing rioters and such as riotously as-
An Act for the punishment of concealers of felons and to
restrain the excessive gain now taken by fastness men.
An Act for erecting inns, prescribing the manner of the
houses and hostelries, and what gain and profit they may
take over and above the rates in markets, with some im-
munities, to encourage men to build inns, in which act the
excessive number of ale houses is to be restrained, according
to the statute of Ed. 6.
An Act to restrain the Irish habits and language, especially
in cities and corporate towns, with some additions to the
statute made 28 H. 8.
To abolish the titles and additions of O', Mc, and such
like names and attributes of greatness given, without warrant
of law, to many of the people of this country and that all
subjects be henceforth called and known by their proper
Christian and sirname, and by such ensigns and names of
honor as are warranted by law.
An Act for killing wolves and other vermin, touching the
days of hunting, the people that are to attend, who to be
their director, an inhibition not to use any arms. The Lord
Deputy or principal governor to prohibit such hunting, if he
suspect that such assemblies, by colour of hunting, may prove
An Act preservating timber and prohibiting the barking
of standing oak prescribing to sell oaks only in barking time
except for repairing ships, forts, or such like necessary
buildings and occasions, and to restrain the wrongs done by
the takers of timbers for the King's service.
An Act whereby stealing the eggs of gosshawks or falcons
out of the eyrie or nest is made felony, and in that Act
provision is made for preservation of deer, pheasants, and
partridges, and an inhibition for taking haggard gosshawks
and tassells of gosshawks, falcons, and tassel, gentles, or
maliciously killing them.
An Act for tanning leather; places to be appointed for
tanning, for searching, and setling thereof, and to repeal a
statute made 11 Eliz., cap. 3, whereby Sir Henry Syddney,
then Lord Deputy, had authority to appoint the places and
towns for tanning; with a restraint that no leather shall be
tanned in any other towns.
An Act whereby the kindred of such as run into the wood
and stand upon their keeping as rebels, shall submit themselves
to justice, upon pain that if their kindred bring not in those
rebels by a time, then the people in the baronies within which
such people are relieved shall bring them in to submit them-
selves to their trial within a time, or else discover the re-
lievers and bring them to justice upon a pain.
An Act for prescribing the following of hue and cry and a
means for the parties robbed to recover their goods or the
value of them.
We think it necessary that the common sort of people be
compelled by an Act, to dwell and inhabit together in towns
and villages, with exception of such as dwell in castles and
That landlords shall not let or set their lands for less
than 10 years, and not to exact or take of or from their
tenants any other customs or duties than they shall contract
with their tenants for.
The inhabitants of this kingdom are very much charged
with collection of benevolence and helps for relieving, marry-
ing, or setting up such as are, or plead to be, of great or
ancient families in this kingdom, therefore let it be enacted
that the servants or proctor who beg, demand, or collect such
aid, be accourted felons.
An Act to be made for erecting in every parish a common
pound and common stocks; none to drive distresses above
three miles from the place where they be distrained, and to
impound in common pounds and not elsewhere; and to take
for impounding of any one distress not above 6d.
No person to distrain any goods or imprison any subject's
body for any claim or demand but according to the true
course and order of the common law, upon pain of 20l. for
every default. To repeal the statute made 15 Ed., whereby
it is made felony to distrain contrary to the common law.
An Act for the abolishing of barbarous and rude customs;
as howling and crying at the burial of the dead, drawing
their plough-cattle only fastened by the tails, and blowing
their milch cattle to make them give milk, &c., and pulling
An Act to prevent the furnishing of idle and suspicious
people with guns, shot, or powder, the means prescribed to
forbid the bringing of such munition, but such as shall be
delivered out of the King's store in England, to be returned
into the store in Ireland, with provision made in this Act for
furnishing of those subjects in Ireland, who shall be thought
fit to use such munition out of the King's store at the King's price.
An Act for punishment of such as shall steal away young
maids and contract with them or deflower them contrary to
the statute made 4 & 5 P. and Mary, cap. 8.
An Act for pleading the general issue by the King's officers
in any suit brought against them for executing their offices,
and that they may give the special matter in evidence accord-
ing to the statute made in England.
To enact the proclamation to recall children from beyond
Acts now in force in England to be enacted in Ireland.
The statute of 32 H. 8, cap. 34, that assignees may take advantage of conditions. The statute made 32 H. 8, cap. 9, against maintenance and embracery and unlawful buying of titles. The statute made 32 H 8, cap. 36, for the exposition of the statute of fines. The statute made 32 H. 8, cap 33, that the dying seized of the wrongful disseisor shall be no descent in law. The statute made 32 H. 8, cap. 2, for the limitation of prescription. The statute made in Parliament 14 Eliz., cap. 8, for avoiding of recoveries suffered by collusion by the tenant for life and such others. Buggary to be made felony, according to the statute made in England 25 H. 8, cap. 6, 8 Eliz., cap. 17.
5 Ed. 4, cap. 4; 12 Ed. 4, cap. 2; 10 H. 7, cap. 9. Penal laws for not bringing long bows into Ireland and for using them.
12 Ed. 4, cap. 3, that restrains carrying out of any grain, when wheat is above 10d. the peck.
15 Ed. 4, cap. 2, that distress contrary to the course of the common law is felony.
11 El, cap. 3. An Act for limitation of places for tanning of leather. 3 Phil. and Mary. Against retaining Scots. An Act for the due execution of justice. An Act to avoid secret outlawries in personal actions or proclamation to be made in open assize, to be held in the county where the party against whom the exigent is awarded shall be then dwelling, if he or they shall have a dwelling lace. p For expedition of justice in cases of demurrer, according to the statute made in England 27 Eliz., cap. 5. The statute made in England 18 Eliz., cap. 14, intituled, for reformation of Jeofailes, to be enacted in Ireland, with some additions for the benefit of the plaintiff for whom a verdict shall pass. That the defendants may recover their costs against the plaintiff, according to the statute made in England 8 Eliz. cap. 2. That the wife or heir of the party murdered may have an appeal of murder, notwithstanding murder is made treason by the statute 11 H. 7, cap. 20." Signed : Arthur Chichester, Tho. Dublin, R. Wingfield, Jo. Dennham, H. Power, Jo. Kinge, T. Butler, H. Winch, Fra. Aunger, Ri, Corck, Ad. Loftus. Endorsed in Lord Carew's handwriting. Acts of Parliament thought fit to be enacted in Ireland. Delivered unto me by Sir Humphrye Winch, ult, Novr. 1611.
99. MoTIVES of importance for holding a PARLIAMENT in
It is a saying of the wisest king that ever was, Ubi multa consilia ibi salus populi, yet there has not been any Parliament held in Ireland for the space of 27 years.
I have looked into all the Parliament rolls which remain in Ireland, and taken notes out of other records, and I find not at any time since Parliaments began in England half so long an intermission as there hath been since the last Parliament, holden by Sir John Perrott in 27 Eliz.
Parliaments began to be holden in Ireland about 17 Edw.
3, after which time that king reigned 33 years. Yet were
there called ten Parliaments at least during the reign of Ed.3,
among which the famous Parliament at Kilkenny was held
by Lionel Duke of Clarence, 40 Ed. 3.
Ric. 2, who reigned 22 years, caused five or six Parliaments
to be summoned in his time, and held two in his own person.
Hen.4, whoreigned 14 years, called four Parliaments, whereof
one was held by Thomas of Lancaster Duke of Clarence.
Hen. 5 did not summon above two Parliaments during his
reign, which was nine years. But in the time of Hen. 6 there