SIXTEENE
PROPOUNDED
By the Parliament of
the Judges ofthcfaid King-
dome.
As Also,
Another ST EEC H, made by
Captaine Mervmtto
the Houle of Commons, concer¬
ning their Priviledges,and their
exorbitant grievances in
that Kingdome.
#p#
Printed in the Yearly





SIXTEENE
(^ViRf S
Propounded by the Parlia.,
ment of Ireland, to the Judges of the
faid Kingdome.
/
I,
J*" 1 IHat the Judges may fet forth andde-
■ clarc5whether the Inhabitants of this
JL kingdome be a free peop!e5or whether
they be t o bee governed onely by the ancient,
common lakes of England..
11,
Whether the Judges of the Land doe take
the Oath of Judges, and if fo, whether under
pretext of any Adte'of State , Proclamation,
Writ, Letter, or dire&ion under the great or
privie Scale, or privie Signet,or Letter, or
other commandement from the Lord Lieute¬
nant,Lord Dcpuriejuftice, J u ft ices, or other
•cbiefe Governor, or Governors ©fthis Ktng-
A.2 dome


dome they may hinder, ftay Or delay the fuice
of any Subjetf:, or his judgment,or execution
thereupon, if fo,in what cafe.s^ and whether,if
they doe hinder,ftay or delay fuch fuite,judge¬
ment or execution, what puni (lament doe they
incurre by the Law for their deviation * and
tranfgrefiion therein.
II I.
Whether the Kings Majefties privie Coun-
fel4,either togethcr,or with the chiefe Gover¬
nor or Governors of this Kingdome, without
him or them be a place of Judicature, by the
common Lavves,where in cafe betweene party
and party for Debts, Trefpaftes , Accounts,
Covenants,po(feffions,and title of Land, ora-
ny of them, and with them may be heard,and
dv termined, and of what civill Caufcs they
have jurifdidion, and by what Law, and of
what force is their order or Decree , in fuch
cafes 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¬
fes,and how,and where, and 6y whom, arc the
Tranfgrefforsagainfl fuch Grantees punifh-
able


(3),
able,and whether by Fine arid mutilation'of
Members,imprifonment, lolTe, and forfeiture
of goods,or othervyife, and which of them.
V I.
Jn what Cafes the LordDeputie, or other
chiefe Governors of this Kingdome & Coun-
fell,may punifh by Pine, imprifonment, Mu¬
tilation of Members, Pillory , orothervvife,
they may fentence any to fuch the fame,or the
like punifhment, for infringening the com¬
mands of any Proclamation, or Monopolie,
and what punilhment doe they incurre,that do
vote for the fame/
VII.
Of what force is an Ad of ftate or Pro¬
clamation in this Kingdome to bind the liber¬
ty, goods,po(fe(fions,or inheritance of the na¬
tives thereof, whether they or any of them can
alter the common Law, or the infringers of
them lofe their Goods,Chattels, or Leafes,or
forfeit the fame by infringing any fuch Ad of
State or Pr0clamation,or both, and what pu-
nifhment doe the fworne Judges of the Law,
that are privie Counfellors, incurre that vote
for fuch Ad and execution of it-
A 3 Whe-


(4)
VIII.
Whether the fubjeds of this Kingclome be
fubjedtothe Mar (hall Law , ana whether
any man in time of peace, no enemy being in
the fields,with displayed can be fentecea to
Death,if ie,by whom,and in what cafes,if not,
what punifhment do they incurre that in time
ofpeace^xecute Marfhall Law.
IX.
Whether voluntary Oathes taken freely
before zArbitratort,or others for affirmance,
or difaffirmance of any thing,or for the true
performance of any thing,be punifhable in the
Caftie-Chamber,or in any other and why
and wherefore.
(I • ' . , "• . • r ;
X.
Why, and by what Law , and upon what
Rule ofpolicie is it, that none is admitted to
reducement in the Caftle-chamber, until 1 hee
confefie the offence for which bee is cenfured,
when 4s Re vera he might be inaocenr therof,
though fubordined proof
might induce him to be cenfured.
XI.
Whether the Judges of the Kings Bench,
and by what law,doe or can deny,the copies cf
Indidmcnts,ofFellony,orTreafcn to the par¬
ties


(D) ^ 173.
tiesaccufed ofTreafon,contrary to the ftatute
Of4s. Ed».3.
11 " V '' ■" " ■ ? '' J' . •«\- \ \ ■ * *
X / /. >
Whether the ftatute of S-ahingU tafry
ftoto the S ubje&s, out-Iawed for Treafbn,
though erronioufly,the benefit of his &fEr¬
ror, and how, and by what oieane's, that blind
claufe not warranted, by the body of that Aft:
came to be inferted, and by what Law is it
countenanced to the diminution of the liberty
of the-Tub reft.
. n • . ■ ■■]•
; ,j vX'jl/,
What power have the Barms and the Court
of Exchequer, toraife the refpite of homage
Arbitrarilyto what value they pleale, and to
what value they may raile it,and by what Law
they may diftinguifh bctweene refpite of ho-
mage,upon the diverfities of the true value of
the Fees, when as all Efcuage is the lame for
great and ftnall Fees,and the apportionableby
Parliament,
'
XI III.
"-^Whether it's cenfurabje in the fubjefts of
this Kingdome,to repaiye into England to ap-
pealerohis Majefty for RedreJJeof
or for others their accusers,if fo,why, and in
what condition of perfons,and by what Law.
Whe-


(9)
fervc for pne,but for many yeares, and calcu-
latedto terve indifferently for all latirudes,in
which, our carriage makes this and all fuccee-
ding dayes but IKill and working dayes, or o-
therwife imprints this day and our priuledges
inaconlpicuous,plaufive rubriqueto pofteri-
5 whileft theP'alladium was in TV^neither
e power nor the long liege of the Grecians^
could prevaileag'ainft it, whileft Minoes pur-
jple lockes curled from their native root Syret¬
te wasunvanquifh.ed.The Morall ofthele( af-
f id io n s) emphatically preach and teach us this
Doctrine,that the fafety,pregnancy, glory, and
ftrength of this houfe,is but only lent us upon
this condition,whileft we keepe, preferve, and
defend our liberties,our rights,our priviledges
iinbetrayed,unlupprcfled,and uncontrolled: if
any more allycd to the corruptios of our own
diftempers, then challenging an intereft in us
by a legitimate birth, could involve this grave
and great affemblydn fuch epidemicall litur-
gie,as direffcly to fnoreyor at left to wink whileft
our privileges cloathed in a purple robe of glory
( like a word never to be recalled ) efc ape from
among usyI fay if ungratefully ftoQuld cut ofj the
inheritance of thefe immunities entailed vpofr*
wy and confirmed as a monumental portion vpon
this young er brother of ftateythis Houfe of Cowans
what canjne e Xpert y but that our Faiders Cfhefts
apparelled with indignation foonl4 appear uuta
B 2 us with
174


(IO)
us with this or the liking branding phrafe.
*Moft vngratefull and vnfortunate pofterity-
O <etas parentum pejor Avis s better had it bin
for yon not to live then to out-live your ©wne
infamie. If there had beene a necefljty, you
fhould involve your felves in a general-guilt,
the eledion ought to have beene of fuch a one
as might have dyed with your felves; but this
like original I finne, binds your pofterity to
figh for a redemption. Did we bequeath un¬
to you rhofe faire ornaments to be ftolne or
fnatched from you ? Oh, where, where was
your vigilancy and boldnefle to prefent fo dif-
afterous and fatal 1 a confequence. Did wee
with no better fucceffe of imitation by your
labour, and even unto hoarfeneflc contend in
the Parliament held 7,9. Hen. 6. as Prophe-
cying your weakenefle, leave you a record to
build upon ? Where we admitted and pri-
viledged one Walter Clarke a BurgefTe of Cke-
pengham, though at that time in execution ad
fett. £*g.Didwe for thispurpoferecommend
unto you Ferrars cafe and our proceedings a-
gainft the difturbers of his right? Did wee for
this purpofe recommend unto you Xelgraves
cafe 43.of theQueene.^onotmthjtandingbe
procured his election in irinchefter ly col-
lufion^ yet <Jangre the great #ppofl-
ti©n railed by the Earleof Huntington upon
the fight of the Sheriffs rcturlie (a
fuffi-


(II)
fufficient anaermenr to fatisfie vs)we admitted
and confirmed him in the protection of our
houfeyiid we for this purpofe excmplifie unto
you the cafe ©f 'Kj chard Chidder3 5. Henry 4.*
who being arretted in his journey towards
the Parliaments (where note that the date of
the eleCion is the date ofthe priviledge*) They
are twins of one birth, wee ingraft him as a
twig to be writh'd by our common roote, and
quickly lopt off that fo perilous authority wcfa
would prunne our branches. Nay Mr. Speaker,
our fellowes labouringParliameat ix\£ngUncfy
with their hearty comendation have tranfm it-
ted unto us a precedent from each houfe. The
houfe of the Lords opening the gates of the
Tewer to prepare an entry to the cenfuredBi-
fhop of Lincolne, and the houfe of Commons
with like imitation likefuccefle having per¬
formed the fame inSirIohnElliot and innume¬
rable others. But now I will endeavour to al¬
lay the diftempered fpiritsof our Fathers,
whilett with more patience and duty we at¬
tend the modeft corrections of our indulgent
King. And fo exeunt patres, and Intr. H. 8.
in his ovvne perfon commending the refo-
lution and zeale of the houfe of Cenv
mons in preferving the luftreof their'
owne Priviledges from being Eclipfed, al-
ledginghimfelfe to be intereffed in them,fince
that hee and they, knit together, com-
B 5 * pleated


Now Nlt'Speaker, in a Parliamentary way,
wee muft withdraw and enter into our owne
Spheare. Enter into a difcufle of thole ob¬
jections,that impugnc Mr. F it z-(J err aids e-
lection , admittance and priviledgc of this
Houfc.
The firft that ufhers in the traine , is a fen-
tence cloathed in fable,(landing on tip-toe,and
with a ruftie dagger thrufting at a ftarrc , I
meane a fentence fpeakingerror,a fentence vi-
fiting the third and fourth generalion, a fen¬
tence ftriving to leap over the bounds of mag¬
na chart thirty times confirmed,a fentence a-
warded againft a Judge of a higher Court,then
from whipi it iffued. The caiife in queftionis
to nullifie this (entence,which if hee 'appeare
a perfon capable of his privi ledge,fua vi«
vit)and then neither it, nor any thing deriva-
tory,or colfeter all toit,may bee admitted a-
gainft him by the rules of common, civill, or
cannon Law, it being a maxime confonanr I*
them all. Itynpotes $dduci ejujdamrci exctpie
eajmpetitur dijfolutio.Now to preve this fen^
tence void(tAr. Speaker) I being no profeffour
of the Law,yet a Dilcipleof realon, and the
body of the attdicnt Subject to the like
guilt,


guilt: Iw ill eouch my felfe inargumets,<^ pro*
bat & won prcbamur^ leaving precedents and
Bookt-cafes to the learned long Robe : Then
thusIargue.By rheStat.3.E.4.All judgemcts,
ceufures,fentences,o<:c.awarded againft a mem¬
ber ofParliament are void,fo was this govern¬
ment: fomc may fay,the King is not here in-
ck\ded,I fay (.qui dicit omne^excludit nullum)
And experience,the mother of know ledge,tea-
cheth the fame in precedents afore rehearfcd*
and one J will adde for all, which is Trewman,
3 8 • Hen. 8 .who was in execution upon a writ
of exigent after aCapias adfatis faciend.it the
Kings fuite, and yet priviledgcd,befides,this is
cot at theKings fuite,for theKing is interested
here but feconda'rily both in name and profit:
Now I muft make good my minor, that he is
a member of this houfc: hee that was duly e-
Icftcd and truely returned, is a member of this
houfe, fo was he. &c. My minor will
be queftioned, J confirms it thus, where tie
Kings writ for eledtion isduely purfued, ac¬
cording to the moft vfed and received forme,
there fuch an elc&ion is good , fo was this.
Erg*. Here (Mr. Speaker) fills the weight
of their ©bje&ion, which wc will matter,
andanfwer with equall fpcede , and fir ft
it Hi cat mihi aureum nefcio quis, and
C Jayetb


Cm)
(ayes the writ is Burgenfidz Burgo>but he is not
Bur^eufis de Burgo.Pirii I lay quomodo conflat5
here is none to offer in prcofe he is not fo,be-
fide I offer it in Qusere, whether the election
doth not ipfofatlo make him a Burgeffe, & in
omhi infant i&gzine I fay the writ is directive
not pofitize.V'g.ia a z en/re facia*, the Sheriffe
Goinmandedtoreturne yet if hee returne
not 24. he fhall be fined, in refpeft ex¬
perience and pra£t ice proves, forne of the 12.
may be queftioned and challenged; 6e fides the
writ explains it feife,theKnights muft bcComi-
tatus tuiut theBurgeffes andCitizens dequa-
libitCivitate & Burgo;which can admit ofno
other cofiru£tton,but thefe twoBurgeffes out
of everyBurrougli(& not as Comitattus tui5is,
which were then of every Burrough, and cer¬
tainly the Law provided this with great reafon
' as not doubting ?very Sheere could afford 2.
Knights/^/?^r,i et jealousjnhether every bur-
rough could provide 2 .refident Burgefles qua¬
lified with thefe neceflary adju6ls,as could be¬
fit a member of fo noble a place; Againe the
-writ commands duos milites, and yet excepti¬
on was never take upon retormng of Efquires,
fo that the writ expounds it felfc, it is not li¬
terally to be taken.Next there isThunder and
Lightning fhot out of theStamte,} 3 • #.8.be¬
ing aStat. to regulate ele&ion, and abfolurely
commanding every Knight and Burgefle to be
refident;


Widestk
fluftbecwj,
(l5)
refident and have a certaine Fee-fimpleine*
very burrough and County,out of which they
areele&ed? Here they fuppofe our Priviledge
will cry quarter as ready to be murthcrd by
tlieStatute5but it is ominous ante viihria cane*
re. For fir ft, we anfwer,that the difu'fe of a
Statute antiquatcs a Statute,as is obferved up-
f n theStatuteoR^m^,and cuftome applau¬
ded by fortunate experience hath in allParlia-
mentsever prevailed b a houfe x>f Commons
would rather prefentBabell in it srconfiifion,if
thcTtncler would Ipeake hisUialeB, theCob-
ier his, and the Butcher conclude a greafie E-
pilogue,then the writ were well purfucd,thefe
Werejdonei homines to take & give counfcll de
rebus arduis , but even to cut off the head of
their owne argument by aSword of their own,
this Stat.of 3 3. H. 8. feemes by the pream¬
ble to be made in repeale of allformerStatuts,
by which, ele&ion not qualified with refiden-
cie, was made void,and fo became a grcevance
to theCdmmon-wealth,& therefore this Sta¬
tute makes the ele&ion not obferved ut fupra,
onely penall,fo that there is nothing offered in
objection, cither from the writ or Statute to
avoid this e'e&ion.NowIhave placed him &
daily elected him, and then his priviledge
growes by consequence, but yet we have other
cfoie&ionsmtKoris magnitudints, & torcpeate
them is to confute them 3 Firft fay rheyevc-
C 2 ry
17»
ft
r , I
—


o<o
ry L i heller is, de y^^excomunicated^J anfwer,
every Libeller rnuft be Scriptis^Pidts^ or Can-
tileuhs our member is guilty of none of them,
no, he is next termed, fo neitlxjr in the ceafure,
nor in any prefent proceeding. Another
flourish is , that hee pleaded not his pri¬
vilege in the Caftle-Chamber 5 in which
very objedion , they eonfeffe him priviled-
ged, and make themfelves guilty , that they
would proceed again lb a knowne member of
our Houfe . But fee the Roman Spirit of
Mr. /'/Vz-^ffr^A^who'would rather undcrgoc
. tlie hazard of being a Star re-chamber iJMartjr^
then to fubmit our Priviledge to an extraju¬
dicial! debate, It was., in. our honour hee did
this, and for his eternal! applaufe : fome body
fayes the caftle chamber will thinke it felfe in-
jured, there beingLords of the houfe of parli¬
ament at &in the cenfurc. As for theLords,fo»-
manum efi trrare, but the Iudges are rather
involved in thefe words pram edit ata malitiay
Far his eleftion was the 11. of November fit¬
ting the in Parliament; and his cenfure the 13.
of December Jo they had 2 2. or 23. dayes t©
repent oft heir ill-grounded re fpl u t ion ,a grea¬
ter affront never offered to the hemic ofCom-
moas, being compjrativc, as if the Recorder
of the T$lfell fhould featence the Lord chiefe
Juftice of Irelanda member of our houfe is a
walkingRecord;& needs not to melttheXings
pidurc