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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A23077 An act for the preventing of inconveniences hapning by the long intermission of Parliaments England and Wales. 1640 (1640) STC 9510.7; ESTC S4260 8,741 17

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or Borough shall not incurr the penalties in this Law so as an Election de facto be made And it is further enacted that no Parliament henceforth to be assembled shall be dissolved or prorogued within fifty dayes at the least after the time appointed for the meeting thereof unlesse it be by assent of His Majesty his Heirs or Successours and of both Houses in Parliament assembled And that neither the House of Peers nor the House of Commons shall be adjourned within fifty dayes at least after the meeting thereof unlesse it be by the free consent of every the said Houses respectively And be it further enacted and declared by authority of this present Parliament that the Peers to be assembled at any Parliament by vertue of this Act shall and may from time to time at any time during such their assembly in Parliament choose declare such person to be Speaker for the said Peers as they shall think fit And likewise that the said Knights Citizens and Burgesses to be assembled at any Parliament by vertue of this Act shall and may from time to time at any time during such their assembly in Parliament choose and declare one of themselves to be Speaker for the said Knights Citizens and Burgesses of the House of Commons assembled in the said Parliament as they shall think fit which said Speakers and every of them aswell for the said Peers as for the said House of Commons respecitvely shall by vertue of this Act be perfect and compleat Speakers for the said Houses respectively and shall have as full and large power jurisdiction and privileges to all intents and purposes as any Speaker or Speakers of either of the said Houses respectively heretofore have had or enjoyed And it is further enacted and declared that all Parliaments hereafter to be assembled by authority of this Act and every member thereof shall have and enjoy all Rights Privileges Iurisdictions Immunities as any Parliament summoned by Writ under the great Seal of England or any Member thereof might or ought to have And all and every the Members that shall be elected and chosen to serve in any Parliament hereafter to be assembled by authority of this Act as aforesaid shall assemble and meet in the Commons House of Parliament and shall enter into the same and have voices in such Parliament before and without the taking of the several Oathes of Supremacy and Allegiance or either of them any Law or Statute to the contrary thereof in any wise notwithstanding Provided alwayes That if the Kings Majesty His Heirs or Successours shall at any time during any Parliament hereafter to be assembled by authority of this Act as aforesaid award or direct any Commission or Commissions unto any person or persons whatsoever thereby giving power and authority to him or them to take and receive the Oath of Supremacy and Allegiance of all or any the members of the Commons house of Parliament and any the members of that House being duly required thereunto shall refuse or neglect to take and pronounce the same that from thenceforth such person so refusing or neglecting shall be deemed no Member of that House nor shall have any voice therein and shall suffer such pains and penalties as if he had presumed to sit in the same house without election return or authority And it is likewise provided and enacted that this Statute shall be publikely read yearly at every general Sessions of the peace to be held next after the Epiphany and every Assises then next ensuing by the Clerk of the Peace and Clerk of the Assises for the time being respectively and if they or either of them shall neglect or fail to do the same accordingly then such party so neglecting or failing shall forfeit the sum of one hundred pounds And it is lastly provided and enacted that His Majesties royal assent to this Bill shall not thereby determine this present Session of Parliament and that all Statutes and Acts of Parliament which are to have continuance unto the end of this present Session shall be of full force after His Majesties assent untill this present Session be fully ended and determined And if this present Session shall determin by dissolution of this present Parliament then all the Acts and Statutes aforesaid shall be continued untill the end of the first Session of the next Parliament
any twelve or more of them then and there assembled shall on or before the last Monday of November next following the tenth day of September aforesaid by vertue of this Act without other Warrant issue out Writs in the usual form in the name of the Kings Majestie His Heirs or Successours attested under the hands and Seals of twelve or more of the said Peers to the several and respective Sheriffs of the several and respective Counties Cities and Boroughs of England and Wales and to the Constable of the Castle of Dover Lord Warden of the Cinque-Ports or his Lieutenant for the time being and to the Major and Bailiffs of Barwick upon Tweed and to all and every other the said Officers and persons to whom Writs have been used to be directed for the electing of the Knights Citizens Barons and Burgesses of and for the said Counties Cities Cinque-Ports and Boroughs to be and appear at the Parliament at Westminster aforesaid to be held on the third Monday in Ianuary then next following All every which Writs the Clerks of the Pettibag and other Clerks to whom the writing of the Writs for Summons to the Parliament doth and shall belong or whom the said Lords or twelve or more of them shall appoint shall at the command of the said Lords so assembled or of any twelve or more of them make and prepare ready for the Signature of the said Lords or any twelve or more of them under pain of the losse of their Places and Offices and of such other punishment as in the next or any other ensuing Parliament shall be inflicted on him or them And it is enacted That the said Writs so issued shall be of the same power and force to all intents and purposes as the Writs or Summons to Parliament under the great Seal of England have ever been or ought to be And all the Messengers of the Chamber or others who shall be appointed by the said Lords or any twelve or more of them are hereby required faithfully and speedily to deliver the said Writs to every person and persons Sheriff Officers and others to whom the same shall be directed which if the said Messengers or any of them shall fail to perform they shall forfeit their respective Places and incurre such other pains and punishments as by that or any other ensuing Parliament shall be imposed on them And it is also further enacted That all and every the Peers of this Realm shall make their appearance and shall assemble on the said third Monday in Ianuary in such manner and to such effect and with such power as if they had received every of them Writs of Summons to Parliament under the great Seal of England in the usual and accustomed manner And in case the said Lords or twelve or more of them shall fail to issue forth such Writs or that the said Writs doe not come to the said several Counties Cities Cinque-Ports and Boroughs so that an election bee not thereupon made And in case there bee not a Parliament assembled and held before the three and twentieth day of the said moneth of Ianuary and so from time to time and in all times hereafter if there shall not be a Parliament assembled and held before the said three and twentieth day of Ianuary then in every such case as aforesaid the Parliament shall assemble and be held in the usual place at Westminster in such manner and by such means onely as is hereafter in this present Act declared and enacted and not otherwise on the second Tuesday which shall be in the moneth of March next after the said three and twentieth day of Ianuary At which Parliament the Peers of this Realm shall make their appearance and shall assemble at the time and place aforesaid and shall each of them be liable unto such pains and Censures for his and their not appearing and serving then and there in Parliament as if he or they had been summoned by Writ under the great Seal of England and had not appeared and served and to such further pains and Censures as by the rest of the Peers in Parliament assembled they shall be adjudged unto And for the better assembling of the Knights Citizens Barons and Burgesses to the said Parliament as aforesaid It is further Enacted That the several and respective Sheriffs of their several and respective Counties Cities and Boroughs of England and Wales and the Chancellour Masters and Scholar of both and every of the Vniversities and the Major and Bailiffs of the Borough of Barwick upon Tweed shall at the several Courts and places to be held and appointed for their respective Counties Vniversities Cities and Boroughs next after the said three and twentieth day of Ianuary cause such Knight and Knights Citizen and Citizens Burgesse and Burgesses of their said Counties Vniversities Cities and Boroughs respectively to be chosen by such persons and in such manner as if several and respective Writs of summons to Parliament under the great Seal of England had issued and been awarded And in case any of the several Sheriffs or the Chancellour Masters and Scholars of either of the Vniversities or the Major and Bailiffs of Barwick respectively do not before ten of the Clock in the forenoon of the same day wherein the several and respective Courts and places shall be held or appointed for their several and respective Counties Vniversities Cities and Boroughs as aforesaid begin and proceed on according to the meaning of this Law in causing Elections to be made of such Knight and Knights Citizen and Citizens Burgesse and Burgesses of their said Counties Vniversities Cities and Boroughs as aforesaid then the Freeholders of each County and the Masters and Scholars of every of the Vniversities and the Citizens and others having voices in such Election respectively in each Vniversity City and Borough that shall be assembled at the said Courts or places to be held or appointed as aforesaid shall forthwith without further Warrant or direction proceed to the Election of such Knight or Knights Citizen or Citizens Burgesse or Burgesses aforesaid in such manner as is unsal in case of Writs of Summons issued and awarded And it is further enacted That the several and respective Sheriffs of their several and respective Counties and the Constables of the Castle of Dover and Lord Warden of the Cinque-Ports or his Lieutenant for the time being respectively shall after the said three and twentieth day of Ianuary and before the eighth day of February then immediately next ensuing award and send forth their Precepts to the several and respective Cities and Boroughs within their several Counties and likewise unto the said Cinque-Ports respectively Commanding them respectively to make choice of such Citizen and Citizens Barons Burges and Burgesses to serve in the said Parliament at the time and place aforesaid Which said Cities Cinque-Ports and Boroughs respectively shall before the last day of the said moneth of February make election of such Citizen and