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1611.

Vol. 629, p. 34.

97.

Vol. 629, p. 35.

98.

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.

Copy. P. 1.

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 201. 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

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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 five years.

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 places.

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 assemble themselves.

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 immunities, 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

L

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suspect that such assemblies, by colour of hunting, may prove inconvenient.

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 themselves to their trial within a time, or else discover the relievers 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 mills.

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, marrying, 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 201. for

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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 of sheep.

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 according to the statute made in England.

To enact the proclamation to recall children from beyond the seas.

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.

Statutes to be repealed.

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.

1611.

Vol. 629, p. 23.

99.

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 place.

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.

Copy. Pp. 8. Endd.

MOTIVES of importance for holding a PARLIAMENT in
IRELAND.

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, who reigned 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

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