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A83529 Two acts of Parliament, the one for the preventing of the inconveniences happening by the long intermission of Parliament. : And the other for regulating of the Privie Councell, and for taking away the court, commonly called, The Star-Chamber.; Laws, etc. England and Wales.; England and Wales. Parliament. 1640 (1640) Wing E2382C; ESTC R230802 14,291 17

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yeer of the same King Edward the third It is amongst other things Enacted That all pleas which shall be pleaded in any courts before any the Kings Justices or in His other places or before any of his other Ministers or in the courts and places of any other Lords within the Realm shall be entred and inrolled in latine And whereas by the statute made in the third yeer of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Keeper of the Kings privie seal or two of them calling unto them a Bishop and a Temporall Lord of the Kings most honourable Councell and the two chief Justices of the Kings bench and common pleas for the time being or other two Justices in their absence to proceed as in that act is expressed for the punishment of some particular offences therein mentioned And by the statute made in the one and twentieth yeer of King Henry the eighth The President of the Councel is associated to joyn with Lord Chancellour and other Judges in the said statute o● the third of Henry the seventh mentioned But the said Judges have not kept themselves to the points limited by the said statute but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such authoritie and to inflict heavier punishments then by any Law is warranted And forasmuch as all matters examinable or determinable before the said Judges o● in the Court commonly called the Star-chamber may have their proper remedy an● redresse and their due punishment and correction by the Common Law of the Land and in the ordinary course of Justice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and th● proceedings Censures and Decrees of that Court have by experience been foun● to be an intolerable burthen to the subject and the meanes to introduce an Arbitra●● power and Government And forasmuch as the Councell-Table hath of late time assumed unto it self a power to intermeddle in Civill causes and matters onely ●● private interrest between party and party and have adventured to determine ●● the Estates and Liberties of the Subject contrary to the Law of the Land and th● rights and priviledges of the Subject by which great and manifold mischiefs an● inconveniencies have arisen and happened and much incertainty by means of su●● proceedings hath been conceived concerning mens rights and estates For setli●● whereof and preventing the like in time to come Be it Ordained and enacted by Authority of this present Parliament That t●● said Court commonly called the Star-Chamber and all Jurisdiction power and a●● thority belonging unto or exercised in the same Court or by any the Judges Officers or Ministers thereof be from the first day of August in the yeer or our Lo●● God one thousand six hundred fourty and one cleerly and absolutely dissolved takeaway and determined and that from the said first day of August neither the Lord Chancellor or Keeper of the great seal of England the Lord Treasurer of England the Keeper of the King Privy-seal or President of the Councell nor any Bishop temporall Lord Privy-Councellor or Judge or Justice whatsoever shall have an● power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce deliver any Judgement sentence Order or Decree or to do any Judiciall or Minsteriall Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Jurisdiction power or authority is given limitted or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Judges Officers or Ministers thereof or for any proceedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise enacted That the like Jurisdiction now used and exercised in the Court before the President and Councell in the Marches of Wales and also in the Court before the President and Councell established in the Northern parts And also in the Court commonly called the Court of the Duchy of Lancaster held before the Chancellor and Councell of that Court. And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court The like Jurisdiction being exercised there shall from the said first day of August one thousand six hundred fourty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said ●tatute made in the third yeer of King Henry the seventh Or the Statute made ●he one and twentieth of Henry the eight Or any Act or Acts of Parliament here●ofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councell or place of Judicature shall be erected or●ained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Jurisdiction as is or ●ath been used Practised or exercised in the said Court of Star-Chamber Be it likewise declared and enacted by authority of this present Parliament That ●either his Majestie nor his Privy-Councell have or ought to have any Jurisdiction power or authority by English Bill Petition Articles Libell or any other Arbitrary way whatsoever to examine or draw into question determine or dispose ●f the Lands Tenements Hereditaments Goods or Chattels of any the Subjects ●f this Kingdom But that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law And be it further provided and enacted That if any Lord Chancellour or Keeper of the great seal of England Lord Treasurer Keeper of the Kings Privy ●al President of the Councell Bishop Temporall Lord Privy Councellour Iudge 〈◊〉 Iustice whatsoever shall offend or do any thing contrary to the purport true in●nt and meaning of this Law Then he or they shall for such offence forfeit the sum ●f five hundred pounds of lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain ●●dgement thereupon to be recorded in any Court of Record at Westminster by ●●ction of Debt Bill Plaint or information wherein no Essoine Protection Lager of Law Aid Prayer Priviledge Injunction or Order of restraint shall in any wise prayed granted or allowed nor any more then one Imparlance And ●ny person against whom any such Iudgement or Recovery shall be had as afore●● shall after such
Barons and Burgesses which Election shall afterwards fall out to be afterwards adjudged or declared void in Law by the House of Commons by reason of equality o● voices or misdemeanour of any person whatsoever then the said County City Cinque-port or Borough shall not incurre 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 fo● the meeting thereof unlesse it be by assent of His Majestie His Heirs or Successours and of both Houses in Parliament assembled And that neither the House o● 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 and 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 respectively 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 priviledges to all intents and purposes as any Speaker or Speakers of either of the said Houses respectively heretosore 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 Rites Priviledges Jurisdictions and Immunities as any Parliament summoned by Writ under the great Seal of England or any Member thereof might or ought to ●ave 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 ●semble and meet in the Commons House of Parliament and shall enter into the ●●me and have voices in such Parliament before and without the taking of the se●erall oathes of Supremacy and Allegiance or either of them any Law or Statute to ●●e contrary thereof in any wise notwithstanding Provided alwayes That if the Kings Majesty His Heires or Successors shall at ●y time during any Parliament hereafter to be assembled by authority of this Act as foresaid award or direct any Commission or Commissions unto any person or ●ersons whatsoever thereby giving power and authority to him or them to take and ●●ceive the Oath of Supremacy and Allegiance of all or any the members of the ●ommons House of Parliament and any the Members of that House being duly re●●ired thereunto shall refuse or neglect to take and pronounce the same that from ●●enceforth such person so refusing or neglecting shall be deemed no Member of that ●●ouse nor shall have any voice therein and shall suffer such paines and penalties as ●● he had presumed to sit in the same house without election return or authority ●nd it is likewise provided and enacted that this Statute shall be publikely read yeer●● at every generall Sessions of the peace to be held next after the Epiphany and every ●ssises then next ensuing by the Clerke of the Peace and Clerke of the Assises for ●●e time being respectively and if they or either of them shall neglect or fail to do ●●e same accordingly then such party so neglecting or failing shall forfeit the sum ●● one hundred pounds And it is lastly provided and enacted that His Majesties ●all assent to this Bill shall not thereby determine this present Session of Parliament ●● that all Statutes and Acts of Parliament which are to have continuance unto the ●● of this present Session shal be of full force after His Majesties assent untill this pre●●t Session be fully ended and determined And if this present Session shall dete mine dissolution of this present Parliament then all the Acts and Statutes aforesaid ●ll be continued untill the end of the first Session of the next Parliament ANNO XVII Caroli Regis ¶ An Act for regulating of the Privie Councell and for taking away the Court commonly called The Star-Chamber WHereas by the Great Charter many times confirmed in Parliament It is enacted That no Freeman shall be taken or imprisoned or disseised of his Freehold or Liberties or free Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemn him but by lawfull Judgement of his Peers or by the Law of the land And by another statute made in the fifth yeer of the Reign of King Edward the third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into ●he Kings hands against the form of the great Charter and the Law of the land And by another statute made in the five and twentieth yeer of the Reign of the same ●ing Edward the third It is accorded assented and established that none shall be ●ken by petition or suggestion made to the King or to His Councell unlesse it be by indictment or presentment of good and lawfull people of the same Neighbourhood ●here such deeds be done in due manner or by processe made by Writ originall at ●e common Law and that none be put out of his Franchise or Free-hold unlesse he ●● duly brought in to answer and forejudged of the same by the course of the Law ●●d if any thing be done against the same it shall be redressed and holden for none ●●d by another statute made in the eight and twentieth yeer of the Reign of the same ●●ng Edward the third It is amongst other things Enacted that no man of what estate ●●condition soever he be shall be put out of his Lands or Tenements nor taken nor ●●prisoned nor disinherited without being brought in to answer by due processe of ●●w And by another statute made in the two and fourtieth yeer of the Reign of the said King Edward the third It is Enacted that no man by pur to answer with out presenament before Justices or matter of Record or by due processe and Writ are ginall according to the old Law of the land and if any thing be done to the contrary it shall be void in Law and holden for errour And by another statute made in the six and thirtieth
TWO ACTS OF PARLIAMENT The one for the preventing of the Inconveniences happening by the long intermission of Parliament And the other for regulating of the Privie Councell and for taking away the Court commonly called The Star-Chamber LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie and by the Assignes of JOHN BIL Anno Dom. 1640. ANNO XVI Caroli Regis ¶ An Act for the preventing of Inconveniences happening by the long intermission of Parliaments WHereas by the Lawes and Statutes of this Realm the Parliament ought to be holden at least once every yeer for the redresse of Grievances but the appointment of the time and place for the holding thereof hath alwayes belonged as it ought to His Majestie and His Royall Progenitors And whereas it is by experience found that the not holding of Parliaments accordingly hath produced sundry and great mischiefs and inconveniences to the Kings Majestie the Church and Common-wealth for the prevention of the like chiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majestie with the consent of the Lords ●●rituall and Temporall and the Commons in this present Parliament assembled ●●t the said Laws and Statutes be from henceforth duly kept and observed and your ●●jesties loyal obedient Subjects in this present Parliament now assembled do hum●● pray that it be enacted An be it enacted accordingly by the authority of this pre●●t Parliament That in case there be not a Parliament summoned by Writ under the ●●at Seal of England and assembled and held before the tenth day of Septem which ●●ll be in the third yeer next after the last day of the last meeting and sitting in this ●●ent Parliament the beginning of the first yeer to be accompted from the said last of the last meeting and sitting in Parliament and so from to time to time and in ●●mes hereafter if there shall not be a Parliament assembled and held before the ●●th day of September which shall be in the third yeer next after the last day of the meeting and sitting in Parliament before that time assembled and held the be●●ning of the first yeer to be accounted from the said last day of the last meeting and sitting in Parliament That then in every such case as aforesaid the Parliament sh●● assemble and be held in the usuall place at Westminster in such manner and by su●● means only as is hereafter in this present Act declared and enacted and not otherwise on the second Monday which shall be in the moneth of November then next ensuir●● And in case this present Parliament now assembled and held or any other Parliament which shall at any time hereafter be assembled and held by Writ lunder the great S●● of England or in case any Parliament shall be assembled and held by authority this present Act and such Parliaments or any of them shall be Prorogued or Adjour●●ed or continued by Prorogation or Adjournment untill the tenth day of September which shall be in the third yeer next after the last day of the last meeting and sitti●● in Parliament to be accompted as aforesaid that then in every case every su●● Parliament so Prorogued or Adjourned or so continued by Prorogation or a●●ournment as aforesaid shall from the said tenth day of September be thencefore cleerly and absolutely dissolved and the Lord Chancellor of England the Lord Ke●●er of the great Seal of England and every Commissioner and Commissioners the keeping of the great Seal of England for the time being shall within six da●● after the said tenth day of September in every such third year as aforesaid due form of Law and without any further Warrant or Direction from His Ma●●stie His Heires or Successours Seal issue forth and send abroad severall and ●●spective Writs to the severall and respective Peeres of this Realm commanding ev●● such Peer that he personally be at the Parliament to be held at Westminster on the ●●cond Monday that shall be in November next following the said tenth day of September then and there to treat concerning the high and urgent Affairs concerning ●● Majestie the State and defence of the Kingdom and Church of England and sh● also Seal issue forth and send abroad severall and respective Writs to the seve● and respective Sheriffs of the severall and respective Counties Cities and Borough of England and Wales and to the Constable of the Castle of Dover Lord Warden●● the Cinque-Ports or his Lieutenant for the time being and to the Major and Bai●● of Barwick upon Tweed and to all and every other Officers and Persons to wh●● Writs have used to be directed for the electing of the Knights Citizens Barons a●● Burgesses of and for the said Counties Cities Cinque-Ports and Borough England and Wales respectively in the accustomed form to appear and serve in Parliment to be held at Westminster on the said second Monday which shall be in November aforesaid which said Peers after the said Writs received and which said Knig●● Citizens Barons and Burgesses chosen by vertue of the said Writs shall then a●● there appear and serve in Parliament accordingly And the said Lord Chancellor Lord Keeper Commissioner and Commissioners aforesaid shall respectively take solemn Oath upon the holy Evangelist for the due issuing of Writs according to ●●tenour of this Act viz. in haec verba YOu shall swear that you shall truely and faithfully issue forth and send abroad all W● of Summons to Parliament for both Houses at such time and in such manner a● expressed and enjoyned by an Act of Parliament intituled An Act for the prevent● of inconveniencies happening by the long intermission of Parliaments Which Oath is forthwith to be taken by the present Lord Keeper and to be ministred by the Clerk of the Crown to every Lo. Chancellour Lord Keeper Comissioner and Commissioners aforesaid and that none of the said Officers respectly shall henceforth execute any the said offices before they have taken the said Oath And if the said Lord Chancellour Lord Keeper or any the said Commissioners shall fail or forbear so to issue out the said Writs according to the true meaning of this Act then he or they respectively shall beside the incuring of the grievous sin of perjury be disabled and become by vertue of this Act incapable ipso facto to bear his and their said Offices respectively and be further lyable to such punishments as shall be inflicted on him or them by the next or any other ensuing Parliament And in case the said Lord Chancellour Lord Keeper Commissioner or Commissioners aforesaid shall not issue forth the said Writs as aforesaid or in case that the Parliament do not assemble and be held at the time and place before appointed Then the Parliament shall assemble and be held in the usuall 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 third Monday which