The matters contained in the following Appendix are introduced with a view to show the constitutional spirit that existed in Ireland, and the various efforts made to regain the rights and freedom of the country, to which she set up in legal parlance a continual claim. The records from whence they are taken are authentic, but seldom referred to. APPENDIX. I. PROCEEDINGS IN THE IRISH PARLIAMENT IN THE TIME OF CHARLES THE FIRST, IN ASSERTING THE RIGHTS AND LIBERTIES OF THE KINGDOM OF IRELAND. [July 21st, 1634.] A Committee of Grievances was appointed,-that six select persons draw up the heads of the propositions made to the Committee of Grievances, and certify them to the House, that the House may present them to the Lord Deputy (Strafford). [August 1st, 1634.] Ordered that the Graces and Instructions reported by the Committee of six, as necessary to be passed as laws, be presented to the Lord Deputy, to recommend to the Committees of the Council Board, to be drawn into form of Acts to be transmitted to England. II. INSTRUCTION FOR THE SAID COMMITTEE IN [January 20th, 1640.] 1. To move His Majesty for the passing of a bill for the further explanation of Poyning's Act. 2. That the Commons during Parliament may draw up Bills by their own Committee, and transmit them. 3. To prevent the inconveniences sustained by farming the King's Customs. 4. To prevent the inconveniences sustained by sale of licenses to export commodities prohibited by statute. 5. To prevent the cessing of kindred with soldiers, when any of their sept do shun the course of law, until he be brought in. 6. To establish by Act of Parliament, the instructions for regulating the Courts of Justice. III. QUERIES TO THE JUDGES. [February 16th, 1640.] The Queries ordered to be entered among the ordinances of the House, and also presented to the Lords? Questions wherein the House of Commons humbly desires that the House of Lords would be pleased to require the Judges to deliver their resolutions. 1. Whether the subjects of this Kingdom be a free people, and to be governed only by the common laws of England, and statutes in this kingdom. 2. Whether the Judges of this land take the oath of Judges, and if so, whether, under pretext of any state, or direction of the Great or Privy Seal, or command from the Chief Governor of this kingdom, they may hinder, stay, or delay the suit of any subject? 3. Whether the Privy Council, with the Chief Governor, or without him, be a place of judicature by the common laws? 4. The like of the Chief Governor alone? 5. Whether grants of monopolies be warranted by the law, and of what? 6. In what cases the Chief Governor and Council may punish by fine, imprisonment, mutilation, pillory, or otherwise, &c.? 7. Of what force is an Act of State in this kingdom, &c. ? 8. Are the subjects of this kingdom subject to the martial law, &c.? 9. Whether voluntary oaths taken before arbitrators for affir mance or disaffirmance of any thing, be punishable in the Castle Chamber, or elsewhere, and why? 10. By what law none is remitted to reducement of fines and penalties in the Castle Chamber, without confessing the offence charged against him, though, in fact, he is innocent? 11. Whether the Judges of the King's Bench, or any other Judge of Gaol Delivery, can deny the copies of indictments of felony, to the parties accused? 12. What power the Barons of the Exchequer have to raise the respite of homage arbitrarily, to what height they please, &c.? 13. Whether appealing to His Majesty for redress of injuries be censurable? 14. Whether the Deans or other Dignitaries of Cathedral Churches, be not elective or collative? 15. Whether issuing quo warrantos against ancient boroughs, to shew cause why they sent burgesses, be legal ? 16. By what law are jurors, who give verdicts according to their conscience, fined in the Castle Chamber? 17. By what laws are men censurable with mutilation in the Castle Chamber? 18. Whether in the censures in the Castle Chamber, regard be had to the words in the Great Charter, salvo contenemento, &c.? 19. Whether one who steals or commits any other felony and flies, be a traytor; and if not, whether a proclamation can make him so? 20. Whether the evidence of rebels, or other imfamous persons, be good in law, to be pressed upon the trials of men for their lives? Are Judges or Jurors judges of the fact? By what law are fairs or markets to be held in capite? These queries, so essential to the rights of the subject, were not answered as they should have been by the Judges; and the House declared their answer insufficient; most of them they did not wish to answer; many of them they would not answer; but some they did answer, favourably to the rights of Ireland. The House of Commons, however, voted on each of them (July, 1641), and |