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A91249 A probable expedient for present and future publique settlement. Humbly submitted to the serious consideration and impartial trutination of all publike English spirits, cordially affecting, endeavouring the real peace, safety, tranquility, felicity of their native country in these times of general fears and distractions; by a Well-wishing Phylopater. Well-wishing Phylopater. 1658 (1658) Wing P4041; Thomason E959_2; ESTC R207643 5,732 8

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* Exact collection p. 14 15 16. beneficial to the Nation and therefore cannot but approve it as most sutable and seasonable at this instant This Act authorizeth any 12. or more of the antient Peers the Hereditary Council and Counsellors of the Realm in all former ages to meet together in the Lords House at Westminster on thè 3. Monday of November and on and before the last Monday of the said November without other warrant to issue out writs under their hands and Seals in usual form to the several and resp●ctive Sheriffs of the respective Counties C●ties and Burroughs 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 all other Officers to whom writs have been usually directed for the electing of Knights Citizens Barons and Burgesses which writs they are obliged to execute under strictest penalties to meet in Parliament in the usual place at Westminster on the third Monday in January next ensuing And in case there shall no such Parliament be thus summoned held and assembled besore the 23. of January that then the several and respective Sheriffs and chief Officers of every respective County City and Burrough of England and Wales shall issue out precepts for elections and at their several and respective Courts and Places held next after the said 23. of January cause such Knights Citizens and Burgesses for their respective Counties Cities and Burroughs to be elected before the last day of February by such persons and in such manner as if several writs of Summons to Parliament under the Great Seal of England had been issued to them who are to assemble in Parliament at Westminster on the second Tuesday of March next following And in case no such Precepts shall issue nor elections be made thereon before the last day of February then next ensuing that then the Freeholders Burgesses Citizens and other persons that ought to elect and send Knights Citizens Barons and Burgesses at their said several and respective Courts forthwith and the Cities Ports and Burroughs to whom no Precept shall come on the first Tuesday in March next ensuing the said last day of February shall proceed without further warrant to the election of such Knights Citizens Barons and Burgesses in such manner as is usual in case of writs of Summons issued and awarded Which Knights Citizens Barons and Burgesses so chosen shall appear and serve in Parliament at the time and place aforesaid and be liable to such pains and censures for their not appearing as if he and they had been elected by a writ under the Great Seal of England Note and be subject to such further Censures as he or they shall be adjudged unto by the rest there assembling And in case any person whatsoever shall be so hardy as to put in execution any Writ Proclamation Edict Act Restraint Inhibition or Warrant to the contrary he is thereby subjected to a Praemunire and disabled during his life to sue or implead any person in any action real or personal or to make any Gift Grant Conveyance or other disposition of any of his Lands Tenements Hereditaments Goods or Chattels by Act executed will or otherwise or to take any Gift or benefit of any Gift Cenveyance or Legacy to his own use And every Sheriff not performing his duty injoyned by this Act is to foreit 1000 l. and every City 1000 l. and every City that is no County 200 l. and every Burrough and Port 100 l. to be recovered as this Act prescribes If those then in present power will for their own and the publke safety tranquility vouchsafe to send for and conferre with 12. or more of the ablest well-affected antient Peers of the Realm the Hereditary Great Council of the Nation in all times of Difficulty danger or Interregnums and other Gentlemen of estates interest quality who had a chief hand in passing this Act and by good advice and common assent frame such a Writ of Summons bearing Teste under their hands and Seals as may be warranted by the Letter or equity thereof and issue it out on the 3d. Monday of Nav. next Or else permit command the Freeholders Citizens Burgesses in each Courty City Burrough to make such elections of their Knights Citizens Burgesses in Jan. next as this Act appoints and permit or command the Lords to meet them at the time place thereby prescribed according to the true intention of this Act and antient forms of English Parliaments this Summons will be both very legal and also take in reconcile all dissenting interests and no Lord nor Commoner whatsoever will scruple refuse or neglect to meet in such a Parliament warranted by so good and late an Act of Parliament as this And when they are all thus legally assembled such Proposal Votes Acts may then be made and passed by their joynt deliberations and assents as through Gods blessing may secure unite all I●terests and procure a well-grounded Settlement Government both in Church and State This will be more effectually and successfully accomplished if the Contrivers of the New writs of Summons upon this Act shall insert these antient Clauses of direction to Freeholders Citizens Burgesses Sheriffs and other Officers imployed in Elections what manner of persons they ought to elect for Knights Citizens Burgesses and Barons of the Ports to serve in the next and all succeeding Parliaments which Limitations are frequently found in (e) Claus 49 H. 3. d. 11. cl 22 E. 3. pars 2. d. 32. 24 E. 3. pars 2. d. 3. 25 E. 3. pars 1. d. 5. 28 E. 3. d. 26. 29 E. 3. d. 8. antient Writs for Parliamentary Elections Namely that they should elect or cause to be elected two Knights out of every County two Citizens out of every City two Burgesses out of every Burrough and two Barons out of every Cinque por De Legalioribus probioribus discretioribus provectioribus melioribus valedioribus aptioribus magis idoneis magis sufficientibus magis circumspectis et fide dignis Militibus Civibus Burgensibus et Baronibus Comitatuum Civitatum Burgorum et Portuum praedictorum et ad laborandum potentioribus qui non sunt quaerelarum manutentores aut ex hujusmodi quaestu viventes sed homines valentes et bonae fidei Publicum commodum diligentes et non alios vel alterius conditionis quam superius specificatur Of the legallest honestest discreetest antientest best ablest fittest most convenient most sufficient most circumspect and trusty Knights Citizens Burge●●es and Barons of the said Counties Cities Burroughs and Ports and most able to take pains in attending promoting the publike affairs in Parliament who are no maintainers of quarrels or parties nor living by dishonest gain or the plunder oppression or contributions of the people but men of ability and good credit and such who love THE PVBLIKE WEAL and that they should not by any means elect others nor persons of any other condition than such as are formerly specified What happy effects a Parliament of persons thus qualified and duly freely elected by the people according to these qualifications which do not impeach the freedom but only prevent the exorbitances of unfit elections if carefully pursued is likely to produce for our settlement and establishment through Gods blessing on their endeavors all intelligent persons may easily conjecture When both the Nobles and people of England had been much discontented impoverished oppressed by heavy frequent Ayds Taxes to maintain the wars with France under King Edward the 3d. who summoned sundry Parliaments only or principally to demand mony and impose new burdens payments on his people though no wayes comparable to the heavy Taxes Exciles Customs of late times exacted for quantity frequency or duratition the King to regain their lost affections and hearts inserted this notable Clause into the lose of all his (f) Claus 21 E. 1. pars 1. 〈◊〉 6. writs of Summons to Parliament issued to the Prelates Nobles Sheriffs and Warden of the Cirque Ports Anno 21. of his reign which would be extraordinarily * 2 Chron. 10.4 7. gratefull to the Nobility Clergy Gentry and Commons at this season Et scire vos volumus quod dictum Parliamentum non ad auxilia seu tallagia a populo dicti Regni nostri petenda vel alia onera eidem populo imponenda set duntaxat pro Justitia ipsi populo nostro super dampnis et gravaminibus sibi illatis facienda et pro tractatibus super dictis Negotiis tam Nos et statum Regni nostri Angliae quam Communem utilitatem Populi ejusoem Regni nostri contingentibus habendis fecimus summoneri If God in his All-disposing Providence shall graciously vouchsafe effectu●●●y to incline the hearts of all the Nobility Gentry Officers C●●izens Burgesses Freeholders Commons Governours and Sword men of the Nation to pitch upon such a writ Parliament probable and hopefull expedient as this for present future Security Peace Settlement since a better can hardly be invented most likely to reconcile unite secure all the great divided Interests and Parties in the Land who are any way considerable we may then comfortably hope that the effect thereof and of a Parliament so righteously summoned convened (g) Isay 32.17 18. will be quietness and assurance for ever and that the people shall all dwell in a peaceable habitation and in sure dwellings and in quiet resting places The sole end of communicating this inoffensive if not seasonable and usefull Paper to the consideration and censure of the grave Judgements and all persons most interessed in or well affected to the Peace Prosperity security of the English Nation FINIS