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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
Judgement or Recovery offend again in the same then he or ●●y for such offence shall forfeit the sum of one thousand pounds of lawfull money 〈◊〉 England unto any party grieved his Executors or Administrators who shall ally prosecute for the same and first obtain Iudgement thereupon to be Recorded any Court of Record at Westminster by Action of Debt Bill Plaint or information in which no Essoigne Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second judgement or Recovery shall be had as aforesaid shall after such judgement or Recovery offend again in the same kinde and shall be thereof duly convicted by Indictment Information or any other lawfull way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of His Majesties Courts o● Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoigne Protection Wager of Law Aid Prayer Priviledge Injunction o● Order of Restraint shall be in any wise Prayed Granted or allowed nor any more then one Imparlance And be it also provided and enacted That if any person shall hereafter be committed restrained of his liberrie or suffer imprisonment by the Order or Decree o● any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Jurisdiction Power or Authoritie to commit or imprison as aforesaid or by the Command or Warrant of th● Kings Majestie his Heires or Successours in their own person or by the Command o● Warrant of the Councel-board or of any of the Lords or others of his Majestie Privie Councell That in every such case every person so committed restrained of h● libertie or suffering imprisonment upon demand or motion made by his Counsell or other employed by him for that purpose unto the Judges of the Court of King● Bench or Common Pleas in open Court shall without delay upon any pretend whatsoever for the ordinary Fees usually paid for the same have forthwith grantee unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriff Gaoler Minister Officer or other person in whose custody the party committe● or restrained shall be and the Sheriffs Gaoler Minister Officer or other perso● in whose custody the party so committed or restrained shall be shall at the return ●● the said Writ and according to the Command thereof upon due and convenie● notice thereof given unto him at the charge of the party who requireth or procure●● such Writ and upon securitie by his own bond given to pay the charge of carrying back the Prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath been used such Charges of bringing up and carrying back the Prisoner to be alwayes ordered by the Court if any difference shall arise there about bring or cause to be brought the body of the said party so committed o● restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certifie the true cause of such his deteinour or imprisonment and thereupon the Court within three Court dayes after such return made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said return be just and legall or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudge Iustice Officer or other person afore mentioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the partie grieved his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penaltie to be sued for and recovered Provided alwayes and be it enacted That this Act and the severall Clauses therein contained shall be taken and expounded to extend onely to the Court of Star-chamber and to the said Courts holden before the President and Councell in the Marches ●f Wales and before the President and Councell in the Northern parts And also to ●he Court commonly called the Court of the Dutchy of Lancaster holden before the ●hancellour and Councell of that Court And also in the Court of Exchequer of the ●ounty Palatine of Chester held before the Chamberlain and Councell of that Court ●nd to all Courts of like Iurisdiction to be hereafter erected ordained constituted ●● appointed as aforesaid And to the Warrants and Directions of the Councel-board ●nd to the Commitment restraints and Imprisonments of any person or persons ●ade commanded or awarded by the Kings Majestie His Heires or Successours in ●●eir own person or by the Lords and others of the Privie Councell and every one 〈◊〉 them And lastly provided and be it enacted That no person or persons shall be sued ●●pleaded molested or troubled for any offence against this present Act unlesse ●●e partie supposed to have so offended shall be sued or impleaded for the same within ●●o yeers at the most after such time wherein the said offence shall be committed
shall be in the moneth of January 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 usuall place there on the third Monday in the said moneth of November and they or any twelve or more of them then and there assembled shall on or before the last Monday of November next following the tenth of September aforesaid by vertue of this Act without other Warrant issue out Writs in the usuall form in the name of the Kings Majestie His Heirs or Successors attested under the hands and seals of twelve or more of the said Peers to the severall and respective Sheriffs of the severall 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 January then next following All and every 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 persons Sheriffe 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 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 January 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 usuall 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 do not cometo the said severall Counties Cities Cinque-Ports and Borroughs so that an election be not thereupon made And in case there be not a Parliament assembled and held before the three and twentieth day of the said moneth of January 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 January then in every such case as aforesaid 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 second Tuesday which shall be in the moneth of March next after the said three and twentieth day of January 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 respective Sheriffs of their severall and respective Counties Cities and Boroughs of England and Wales the Chancellour Masters and Schollers of both and every of the Universities and the Major and Bailiffs of the Borough of Barwick upon Tweed shall at the severall Courts and places to be held and appointed for their respective Counties Universities Cities and Boroughs next after the said three and twentieth day of January cause such Knight and Knights Citizen and Citizens Burgesse and Burgesses of their said Counties Universities Cities and Boroughs respectively to be chosen by such persons and in such manner as if severall and respective Writs of summons to Parliament under the great seal of England had issued and been awarded And in case any of the severall Sheriffs or the Chancellour Masters and Schollers of either of the Universities or the Major and Bailiffs of Barwick respectively do not before ten of the Clock in the forenoon of the same day wherein the severall and respective Courts and places shall be held or appointed for their severall and respective Counties Universities 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 Burgesses of their said Counties Universities Cities and Boroughs as aforesaid then the Freeholders of each County and the Masters and Schollers of every of the Universities and the Citizens and others having voices in such Election respectively in each University 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 usuall in case of Writs of summons issued and awarded And it is further enacted That the severall and respective Sheriffs of their severall 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 January and before the eighth day of February then immediately next ensuing award and send forth their Precepts to the severall and respective Cities and Boroughs within their severall Counties and likewise unto the said Cinque-Ports respectively Commanding them respectively to make choice of such Citizen and Citizens