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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
ANNO XVI Caroli Regis ¶ An Act for the preventing of Inconveniences hapning 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 year 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 Royal 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 mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majestie with the consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that the said Laws and Statutes be from henceforth duly kept and observed and your Majesties loyal obedient Subjects in this present Parliament now assembled do humbly pray that it be enacted And be it enacted accordingly by the authority of this present Parliament That in case there be not a Parliament summoned by Writ under the great Seal of England and assembled and held before the tenth day of September which shall be in the third yeer next after the last day of the last meeting and sitting in this present Parliament the beginning of the first yeer to be accompted from the said last day of the last meeting and sitting in Parliament and so from time to time and in all times hereafter if there shall not be a Parliament assembled and held before the tenth day of September which shall be in the third yeer next after the last day of the last meeting and sitting in Parliament before that time assembled and held the beginning 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 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 Monday which shall be in the moneth of November then next ensuing 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 under the great Seal of England or in case any Parliament shall be assembled and held by authority of this present Act and such Parliaments or any of them shall be Prorogued or Adjourned or continued by Prorogation or Adjournment until the tenth day of September which shall be in the third yeer next after the last day of the last meeting and sitting in Parliament to be accompted as aforesaid that then in every such case every such Parliament so Prorogued or Adjourned or so continued by Prorogation or Adjournment as aforesaid shall from the said tenth day of September be thenceforth cleerly and absolutely dissolved and the Lord Chancellor of England the Lord Keeper of the great Seal of England and every Commissioner and Commissioners for the keeping of the great Seal of England for the time being shall within six dayes after the said tenth day of September in every such third yeer as aforesaid in due form of Law and without any further Warrant or Direction from his Majestie His Heirs or Successours Seal issue forth and send abroad several and respective Writs to the several and respective Peers of this Realm commanding every such Peer that he personally be at the Parliament to be heid at Westminster on the second Monday which shall be in November next following the said tenth day of September then and there to treat concerning the high and urgent Affairs concerning His Majestie the State and derence of the Kingdom and Church of England and shall also Seal issue forth and send abroad several and respective Writs 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 Officers and Persons to whom Writs have 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 of England and Wales respectively in the accustomed form to appear and serve in Parliament 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 Knights Citizens Barons and Burgesses chosen by vertue of the said Writs shall then and there appear and serve in Parliament accordingly And the said Lord Chancellour Lord Keeper Commissioner and Commissioners aforesaid shall respectively take a solemn Oath upon the holy Evangelist for the due issuing of Writs according to the tenour of this Act viz. in haec verba YOu shall swear that you shall truly and faithfully issue forth and send abroad all VVrits of Summons to Parliament for both Houses at such time and in such manner as is expressed and enjoyned by an Act of Parliament Entituled An Act for the preventing of inconveniencies happening by the long intermission of PARLIAMENTS Which Oath is forthwith to be taken by the present Lord Keeper and to be administred by the Clerk of the Crown to every Lord Chancellour Lord Keeper Commissioner and Commissioners aforesaid and that none of the said Officers respectively 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 incurring 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 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 third Monday which shall be in the moneth of Ianuary then next ensuing And the Peers of this Realm shall by vertue of this Act be enabled and are enjoyned to meet in the old Palace of Westminster in the usual place there on the third Monday in the said moneth of November and they or