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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
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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Barons Burgesse and Burgesses to serve in the said Parliament at the time and place aforesaid Which said Cities Cinque-Ports and Boroughs respectively shall before the last day of the said moneth of February make election of such Citizen and 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 shall 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 severall Citizens Burgesses and 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 paines 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 paines 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 others Officers respectively in not accepting or making return of such elections it shall and may be lawfull to and for ●he severall 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 ●nd effectuall to all intents and purposes as if the Sherife or other officers had received a Writ of summons for a Parliament and had made such returnes And that ●uch Elections precepts and Returnes shall be had and made at such times by such per●●ons and in such manner as before in this Act is expressed and declared according ●o the true intent and meaning of this Law Any Writ Proclamation Edict Act Restraint Inhibition Order or Warrant to the contrary in any wise notwith●tanding And in case any person or persons shall be fo hardy to advise frame con●●ive serve or put in in execution any such Writs Proclamation Edict Act Re●traint Inhibition Order or Warrant thereupon then he or they so offending shall ●●cur and sustain the pains penalties and forfeitures limited ordained and provided ● and by the Statute of provision and premunire made in the 16 yeer of King Richard ●e second and shall from thenceforth be disabled during his life to sue or implead ●ny person in any Action reall or personall or to make any Gift Grant Convey●●ce or other disposition of any his Lands Tenements Hereditaments Goods or ●attels which he hath to his own use either by Act executed in his life time or by ●s last Will or otherwise or to take any Gift Conveyance or Legacie to his own se or to take any benefit of any Gift Conveyance or Legacy to his own use And 〈◊〉 any Sheriffe 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 ●rseit the sum of one thousand pounds and every County City Cinque-port and ●orough 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 severall 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 wherin no Essogin 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 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 Judgement by colour or means of any Order Warrant Power or authority save onely of the Court wherein such Action as aforesaid shall be brought or depending or after Judgement had upon such Action shall cause or procure the Execution of or upon any such Judgement to be stayed or delayed by colour or means of any Order warrant Power or authority save onely 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 preferre any such suite 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 followed 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 onely 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
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