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minated in a list signed by us, and herewith sent unto you, for the regulating of fees of all Courts, spiritual and temporal, according to the form of a like Commission, granted here in England, to some of our Council here, and others; whereof a copy is transmitted unto you; upon return whereof an Aet of State to pass, for establishing the same accordingly, until there may be an Act of Parliament.
"XXIV. For the better settling of our subjects' estates in this Kingdom, we are pleased, that the like Act of Grace shall pass in the next Parliament there, touching the limitation of our titles, not to extend above sixty years, as did pass 21 Jacobi Regis, wherein are to be excepted the land; whereunto we are intituled by offices already taken, and those already disposed of by our directions. And we are further graciously pleased for a more ample testimony of our goodness to our subjects of the Kingdom to direct hereby, that from henceforth no advantage be taken for any title accrued to us, sixty years, and above, except only to such lands in the King's County and Queen's County; whereunto we are intituled by offices already taken, within the said term of sixty years, and which are not yet granted, nor lawfully conveyed from us and our Crown.
"XXV. And we are graciously pleased, and accordingly do hereby require you, that you give present order for the inhabitants of Conaught and County of Clare, to have their surrenders made in the time of our late most dear father, inrolled in our Chancery there, as of the time of our said father, according to the date of the said surrender; and allowing what fees were formerly paid for the same: And that such of them that please to make new surrenders of their lands and bereditaments, may have the same accepted of them, and inrolled in the said Court; and thereupon new Letters Patents past unto them and their heirs, according to the true intent of our said father's letters in that behalf, paying the half fees; and that they and every of them may have such further assurances for securing of their several estates, from all ancient titles accrued to our Crown before sixty years last past, as shall be requisite. and reasonably devised by their Council: And we are pleased for their further security, that their several estates shall be confirmed unto them and their heirs, against us, our heirs and successors, by an Act to be passed in the next Parliament, to be holden in Ireland, to the end the same may never hereafter be brought into any further question by us, our heirs and successors; in which Act of Parliament, and Patents so to be past; you are to take care, that all our tenures, in capite, and rents and services as are now due, or which ought to be answered to us, out of the said lands and premises, by Letters Patents past thereof, since the first year of Henry the 8th, until the 21st of July, 1615. Whereby our late dear father, or any of his predecessors, actually reserved any profit by Wardships, Liveries, Primier Seisins, Mean Rates, Ouster-le-Mains, or
Fines for Alienations without Licence, be again reserved to us, our heirs and successors: And all the rest of the premises to be holden of our Castle of Athloan, by Knights Service, according to our said late father's letters, notwithstanding any tenures in capite, found for us by our offices, since the said 21st of July, 1615, and not appearing in any such Letters Patents or Offices: And you are likewise to set down order, that' all seisures and injunctions issued, and all compositions, leases, and custodiums made and past, of or for any of the said lands, not granted upon the tenures, appearing in the said Letters Patents or Offices, between the said first year of Henry the 8th, and the said 21st July, 1615, shall be called in and to all purposes made void, so far as we are advantaged by the tenure found in capite, and that no further proceeding hereafter to he had upon any other offices, taken before the said 21st of July, 1615; in which Act of Parliament and Grants, care is to be taken, that our Royal Composition due for all the lands and hereditaments, in the aforesaid Province of Conaught, and County of Clare, may be saved: And that it is our pleasure likewise, that the benefit of our said father's letters, and the Act of State, dated the 14th of May, 1618, touching the intrusions, alienations, mean profits, &c. of lands in that Province, be in all points allowed to our said subjects.
"XXVI. The Undertakers of Ulster are to have their Estates confirmed upon a Fine of Thirty Pound Sterling, upon every Thousand Acres in two half years time by equal Portions: and upon their doubling their Rents to be charged only from the date of their Patents, and for your further direction and more ample Authority therein, a Commission shall be directed to you and others, together with Instructions for passing Patents unto them accordingly; and for declaring our Royal Intention and Purpose in the same.
"XXVII. The Planters of Leytrim, Longford and Ossery, the King's County, the Queen's County, and the County of Westmeath, are to have two years time for performing their Condititions of Plantations; and if by that time they perform them not, they are to forfeit their Recognizance, and in the mean time no Process to issue upon their Recognizances or Bonds.
XXVIII. The Town of Athloane is to have three years time allowed them from All Hallontide next, for performing all Conditions and Covenants for Buildings or otherwise, and no advantages are to be taken against them for breach of Conditions and Covenants, or forfeit of Recognizances already incurred concerning the same.
"XXIX. No General Summons of Grand Inquests are to issue out of our Bench, or any of our Courts, but a convenient number of able Freeholders is to be summoned by the Sheriff
for the Grand Inquest, unless the Bayliff who had order to warn him, declare upon his Oath, that he warned him Personally, or left sufficient warning at his House; and the Fines and Amerciaments to be imposed upon them, are to be according to our late dear Father's Printed Instructions: And when the Grand Inquest is filled, the rest of that Inquest are to have leave to depart, unlesss there he other special Service, and this Rule is to extend to the Assizes and Goal Delivery, and Commissions of Oyer and Terminer.
"XXX. The taking of the Accusations and Testimony of Persons notoriously infamous, convicted of Treason or other Capital Offences, for any convincing Evidence to condemn any Subject, is to be regulated according to the said Printed Instructions.
"XXXI. No Judges nor Commissioners shall bind over any Jurors to any Court whatsoever, unless it be for very. Apparent Suspicion of Corruption or Partiality,
"XXXII. Our Judges in every Court, are to be very careful, especially in the Causes of Poor Men, that there be a speedy and direct Course of Justice, with as little Charge as may be; and that with due Observation of the said Printed Instructions'.
"XXXIII. But one Provost Marshall is to be in a Province, because he hath a sufficient number of Horse in our Pay, for the Execution of that Flace; and the said Provost Marshall is to take no Money for Booking, nor cess his Horse or Foot, without paying for it in such sort, as is ordered for our Soldiers; and such as may be brought to Tryal of Law, are not to be executed by the Marshall, except in time of War or Rebellion.
"XXXIV. We are pleased for securing our Subject's Estates at the next Parliament, to be holden there to Grant a General Pardon, and then such other things are to be provided for, as shall be found necessary for our Service, and the good of that Commonwealth. And our pleasure is that the Rate of the Subsidies of the Laity and Clergy, and other Profits to be raised by the said Parliament, to be such as may bear the Charge of our Army, with the Assistance of our Revenue to be spared for that purpose; the said Parliament is to begin the Third Day of November next, and all sitting Preparations are to be made accordingly.
"XXXV. The bestowing of Plurality of Benefices upon unqualified Persons, who are unable or unworthy Ministers, is to be forborn in time coming; and such as are invested therein, are to be compelled to keep Preaching and sufficient qualified Curates, whereby God's Glory may be advanced, Poor Scholars provided for, and encouragement given to Students, to enable themselves for that High Function.
* XXXVI. No Assessment of Money for Robberies is to be allowed but upon Order of the Judges of Assize in open Court, calling to their assistance at least four of the Justices of the Peace, and that only in cases where all the points and circumstances limited by the Statute in that behalf shall be proved; the same to be presented by the Jury, so as none of the Jurors be of the Hundred where the fact was done.
“ XXXVII. All the Nobility, Undertakers, and others, who hold estates or offices in that Kingdom, are to make their personal presidence there, and not to leave it without licence, such persons only excepted as are imployed in our service in England, or attend here by our special command. And in the subsidies, and all other payments towards the charge of our Army here, all those who hold titles of honour and no estates in that Kingdom, are to be rated and to contribute and pay equally as the rest of the Nobility of the like degrees, that have estates and reside in Ireland; for which we will give further order upon an assessment to be made and transmitted to us from you.
XXXVIII. No Judges nor Commissioners shall grant Reprieval to notorious Malefactors, but with the advice of the Justices of the Peace of the County then assisting, or a competent number of them.
XXXIX. Where Undertakers have built upon Glebe Lands, they are to sue forth Commission out of the Chancery or Exchequer, to select Commissioners to be named by the Undertakers and the Incumbent; or if the Incumbent will not agree, then the Court to make choice of indifferent Commissioners, who are to set an indifferent yearly value of the said parcel of Glebe Land, and return the same to the lowest, who are to order the Incumbent's successively to accept of the same from the Undertakers, as a yearly rent for the said parcel; and for other lands recovered against the Undertakers, as Church Lands, the parties grieved are to sue in the Exchequer, for abatement of their rents proportionably.
"XL.. All Scotishmen, Undertakers in Ulster, and in other places there, are to be made free Denizens of that our Kingdom; and no advantage; for want of Denization to be taken against the heirs or assigns of those that be dead.
XLI. For examining what Rectories and Impropriations are now in Laymens Hands, out of which there have been anciently Vicarages, endowed with competent maintenance for the Vicars, which now are by Laymen possessed, whereby the Service of God is neglected, and for reformation of that great abuse, you are forthwith to issue Commission to some persons of worth and integrity, free from that imputation, to examine and reform the said abuse: And such persons as have great Rectories, where unto there. are Chapels of Ease belonging,
somewhere six or seven miles distant from the Mother Church, are to be enjoyned to keep Preaching Ministers in those parts, having competent allowance to defray the same.
"XLII. No person against whom any Judgment or Execution hath past in course of Common Law, or Decree in Chancery upon matter of Equity, is from henceforth to have any protection granted him; nor any person flying out of England into Ireland, to defraud or shun the prosecution of his creditors, is to be sheltered or protected from the justice of the Law, under colour of being a Soldier in any of our Companies, in that our Kingdom.
"XLIII. No witnesses between party and party, at Sessions or Assizes, or before any Commissioners whatsoever, are to be bound over to the Castle Chamber; and if information be put in against any such, then a relator to be named, who shall be thought sufficient to answer a recompence to the party informed against, according to the award of the Court, if sufficient ground shall not appear of the information.
"XLIV. Soldiers accused of Capital Crimes are to be left to be proceeded withal according to the Law; and the Commissions for preforming and restraining the abuses and oppressions of Soldiers, such as have lately issued under our Great Seal there, are to be directed especially to persons of quality, having freehold and residence in the County. And such matters as cannot be ordered by them, to be especially determined by a Committee of the Judges and others of our Council, to be nominated by you; of which none are to be Captains of Horse or Foot.
"XLV. The new Corporations as well as the ancient, are to be assessed towards all the General County Charges; and all Impropriations and Temporal Lands of Ecclesiastical Persons shall bear equal contributions in public charges in the country and towns.
XLVI. Such of the Barony of Carbery, in the County of Cork, as have assignments from Sir James Simple, Knight, and have not as yet past their Patents accordingly, are to be admitted to take out their Grants, notwithstanding our late dear father's restriction of Grants; and in their tenures they are not to be prejudiced by any office taken since the said assignments from Sir James Simple, unless the said office be grounded upon some ancient Patent or Office, upon record before the date of the said assignment. Nevertheless, you are to provide, that by pretext of this our Grace, no new grants be made of any lands within that Barony, that are already passed by Letters Patent to any person whatsoever.
" XLVII. Sheriffs are not to take above three pence fine upon any person for not appearing at their Leets; and if they appear, then to take nothing at all; and to such as are once