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Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
judgement_n action_n court_n writ_n 3,097 5 9.3158 5 true
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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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Citizens Barons Burgesse and Burgesses as if Writs for Summoning of a Parliament under the great Seal of England had issued and been awarded And in case no such Precept should come unto the said Cities Cinque-Ports and Boroughs respectively by the time herein limited Or in case any Precept shall come and no election be made thereupon before the said last day of February That then the several Citizens Burgesses other persons that ought to elect and send Citizens Barons and Burgesses to the Parliament shall on the first Tuesday in March then next ensuing the said last day of February make choice of such Citizen and Citizens Barons Burgesse and Burgesses as if a Writ of Summons under the great Seal of England had issued and been awarded and Precepts thereupon issued to such Cities Cinque-ports and Boroughs Which Knights Citizens Barons and Burgesses so chosen shall appear and serve in Parliament 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 elected and chosen by vertue of a Writ under the Great Seal of England and shall be likewise subject unto such further pains and Censures as by the rest of the Knights Citizens and Burgesses assembled in the Commons house of Parliament he or they shall be adjudged unto And the Sheriffs and other Officers and Persons to whom it appertaineth shall make returns and accept and receive the Returns of such elections in like manner as if Writs of Summons had issued and been executed as hath been used and accustomed And in default of the Sheriffs and other Officers respectively in not accepting or making return of such elections it shall and may be lawfull to and for the several Freeholders and other persons that have elected to make returns of the Knights Citizens Barons and Burgesses by them elected which shall be as good and effectual to all intents and purposes as if the Sheriff or other Officers had received a Writ of Summons for a Parliament and had made such returns And that such Elections Precepts and Returns shall be had and made at such times by such persons and in such manner as before in this Act is expressed and declared according to the true intent and meaning of this Law Any Writ Proclamation Edict Act Restraint Inhibition Order or Warrant to the contrary in any wise notwithstanding And in case any person or persons shall be so hardy to advise frame contrive serve or put in execution any such Writs Proclamation Edict Act Restraint Inhibition Order or Warrant thereupon then he or they so offending shall incur and sustain the pains penalties and forfeitures limited ordained and provided in and by the Statute of Provision and Premunire made in the sixteenth yeer of King Richard the second and shall from thenceforth be 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 his Lands Tenements Hereditaments Goods or Chattels which he hath to his own use either by Act executed in his life time or by his last Will or otherwise or to take any Gift Conveyance or Legacie to his own use or to take any benefit of any Gift Conveyance or Legacie to his own use And if any Sheriff Constable of the Castle of Dover or Lord Warden of the Cinque-Ports shall not perform his duty enjoyned by this Act then he shall lose and forfeit the sum of one thousand pounds and every County City Cinque-Port and Borough that shall not make election of their Knights Citizens Barons and Burgesses respectively shall incur the penalties following that is to say every County the sum of one thousand pounds and every City which is no County two hundred pounds and every Cinque-Port and Borough the sum of one hundred pounds All and every of which several Forfeitures and all other Forfeitures in this Act mentioned shall and may be recovered in any of the Kings Courts of Record at Westminster by and in the name of the Lord Major of the City of London for the time being without naming the Christian name or sirname of the said Lord Major for the time being by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid Prayer Privilege Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more than one Imparlance And if any person after notice given that the Action depending is grounded or prosecuted upon or by vertue of this Statute shall cause or procure any such Action to be stayed or delayed before Iudgment by colour or means of any Order Warrant Power or Authority save only in the Court wherein such Action as aforesaid shall be brought or depending or after Iudgement had upon such Action shall cause or procure the Execution of or upon any such Iudgement to be stayed or delayed by colour or means of any Order Warrant Power or Authority save only by Writ of Errour or Attaint that then the said persons so offending shall incurre and sustain all and every the pains penalties and forfeitures limited ordained and provided in and by the said Statute of Provision and Premunire made in the sixteenth yeer of King Richard the Second And if any Lord Major of London shall at any time hereafter commence or preferr any such Sute Action or Information and shall happen to die or be removed out of his Office before Recovery and Execution had that yet no such Action Suit or Information sued commenced or preferred shall by such displacing or death be abated discontinued or ended but that it shall and may be lawfull to and for the Lord Major of the City of London next succeeding in that Office and Place to prosecute pursue and follow all and every such Action Bill Plaint or Information for the Causes aforesaid so hanging and depending in such manner and form and to all intents and purposes as that Lord Major might have done which first commenced or preferred the same The fifth part of all and every the Forfeitures in this Act mentioned shall go and be to and for the use and behoof of the City of London and the other four parts and residue to be employed and disposed to and for such only uses intents and purposes as by the Knights Citizens and Burgesses in Parliament assembled shall be declared directed and appointed Provided That in case the Freeholders of any County and Inhabitants or other persons having or claiming power to make election of any Knights Citizens Barons or Burgesses shall proceed to making of election of their Knights Citizens Barons and Burgesses which Election shall afterwards fal out to be afterwards adjudged or declared void in Law by the House of Commons by reason of equality of voices or misdemeanour of any person whatsoever then the said County City Cinque-Port