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 â—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 â—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 â—uch Elections precepts and Returnes shall be had and made at such times by such perâ—â—ons and in such manner as before in this Act is expressed and declared according â—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 notwithâ—tanding And in case any person or persons shall be fo hardy to advise frame conâ—â—ive serve or put in in execution any such Writs Proclamation Edict Act Reâ—traint Inhibition Order or Warrant thereupon then he or they so offending shall â—â—cur and sustain the pains penalties and forfeitures limited ordained and provided â— and by the Statute of provision and premunire made in the 16 yeer of King Richard â—e second and shall from thenceforth be disabled during his life to sue or implead â—ny person in any Action reall or personall or to make any Gift Grant Conveyâ—â—ce or other disposition of any his Lands Tenements Hereditaments Goods or â—attels which he hath to his own use either by Act executed in his life time or by â—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 â—rseit the sum of one thousand pounds and every County City Cinque-port and â—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 â—â—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 oâ— Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoigne Protection Wager of Law Aid Prayer Priviledge Injunction oâ— 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 oâ— 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 thâ— Kings Majestie his Heires or Successours in their own person or by the Command oâ— 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 hâ— 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 Kingâ— 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 committeâ— or restrained shall be and the Sheriffs Gaoler Minister Officer or other persoâ— in whose custody the party so committed or restrained shall be shall at the return â—â— the said Writ and according to the Command thereof upon due and convenieâ— notice thereof given unto him at the charge of the party who requireth or procureâ—â— 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 oâ— 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 â—f Wales and before the President and Councell in the Northern parts And also to â—he Court commonly called the Court of the Dutchy of Lancaster holden before the â—hancellour and Councell of that Court And also in the Court of Exchequer of the â—ounty Palatine of Chester held before the Chamberlain and Councell of that Court â—nd to all Courts of like Iurisdiction to be hereafter erected ordained constituted â—â— appointed as aforesaid And to the Warrants and Directions of the Councel-board â—nd to the Commitment restraints and Imprisonments of any person or persons â—ade commanded or awarded by the Kings Majestie His Heires or Successours in â—â—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 â—â—pleaded molested or troubled for any offence against this present Act unlesse â—â—e partie supposed to have so offended shall be sued or impleaded for the same within â—â—o yeers at the most after such time wherein the said offence shall be committed
Barons and Burgesses which Election shall afterwards fall out to be afterwards adjudged or declared void in Law by the House of Commons by reason of equality oâ— voices or misdemeanour of any person whatsoever then the said County City Cinque-port or Borough shall not incurre 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 foâ— the meeting thereof unlesse it be by assent of His Majestie His Heirs or Successours and of both Houses in Parliament assembled And that neither the House oâ— 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 and 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 respectively 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 priviledges to all intents and purposes as any Speaker or Speakers of either of the said Houses respectively heretosore 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 Rites Priviledges Jurisdictions and Immunities as any Parliament summoned by Writ under the great Seal of England or any Member thereof might or ought to â—ave 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 â—semble and meet in the Commons House of Parliament and shall enter into the â—â—me and have voices in such Parliament before and without the taking of the seâ—erall oathes of Supremacy and Allegiance or either of them any Law or Statute to â—â—e contrary thereof in any wise notwithstanding Provided alwayes That if the Kings Majesty His Heires or Successors shall at â—y time during any Parliament hereafter to be assembled by authority of this Act as foresaid award or direct any Commission or Commissions unto any person or â—ersons whatsoever thereby giving power and authority to him or them to take and â—â—ceive the Oath of Supremacy and Allegiance of all or any the members of the â—ommons House of Parliament and any the Members of that House being duly reâ—â—ired thereunto shall refuse or neglect to take and pronounce the same that from â—â—enceforth such person so refusing or neglecting shall be deemed no Member of that â—â—ouse nor shall have any voice therein and shall suffer such paines and penalties as â—â— he had presumed to sit in the same house without election return or authority â—nd it is likewise provided and enacted that this Statute shall be publikely read yeerâ—â— at every generall Sessions of the peace to be held next after the Epiphany and every â—ssises then next ensuing by the Clerke of the Peace and Clerke of the Assises for â—â—e time being respectively and if they or either of them shall neglect or fail to do â—â—e same accordingly then such party so neglecting or failing shall forfeit the sum â—â— one hundred pounds And it is lastly provided and enacted that His Majesties â—all assent to this Bill shall not thereby determine this present Session of Parliament â—â— that all Statutes and Acts of Parliament which are to have continuance unto the â—â— of this present Session shal be of full force after His Majesties assent untill this preâ—â—t Session be fully ended and determined And if this present Session shall dete mine dissolution of this present Parliament then all the Acts and Statutes aforesaid â—ll be continued untill the end of the first Session of the next Parliament ANNO XVII Caroli Regis ¶ An Act for regulating of the Privie Councell and for taking away the Court commonly called The Star-Chamber WHereas by the Great Charter many times confirmed in Parliament It is enacted That no Freeman shall be taken or imprisoned or disseised of his Freehold or Liberties or free Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemn him but by lawfull Judgement of his Peers or by the Law of the land And by another statute made in the fifth yeer of the Reign of King Edward the third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into â—he Kings hands against the form of the great Charter and the Law of the land And by another statute made in the five and twentieth yeer of the Reign of the same â—ing Edward the third It is accorded assented and established that none shall be â—ken by petition or suggestion made to the King or to His Councell unlesse it be by indictment or presentment of good and lawfull people of the same Neighbourhood â—here such deeds be done in due manner or by processe made by Writ originall at â—e common Law and that none be put out of his Franchise or Free-hold unlesse he â—â— duly brought in to answer and forejudged of the same by the course of the Law â—â—d if any thing be done against the same it shall be redressed and holden for none â—â—d by another statute made in the eight and twentieth yeer of the Reign of the same â—â—ng Edward the third It is amongst other things Enacted that no man of what estate â—â—condition soever he be shall be put out of his Lands or Tenements nor taken nor â—â—prisoned nor disinherited without being brought in to answer by due processe of â—â—w And by another statute made in the two and fourtieth yeer of the Reign of the said King Edward the third It is Enacted that no man by pur to answer with out presenament before Justices or matter of Record or by due processe and Writ are ginall according to the old Law of the land and if any thing be done to the contrary it shall be void in Law and holden for errour And by another statute made in the six and thirtieth
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 oâ— 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 oâ— in the Court commonly called the Star-chamber may have their proper remedy anâ— 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 thâ— proceedings Censures and Decrees of that Court have by experience been founâ— to be an intolerable burthen to the subject and the meanes to introduce an Arbitraâ—â— 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 â—â— private interrest between party and party and have adventured to determine â—â— the Estates and Liberties of the Subject contrary to the Law of the Land and thâ— rights and priviledges of the Subject by which great and manifold mischiefs anâ— inconveniencies have arisen and happened and much incertainty by means of suâ—â— proceedings hath been conceived concerning mens rights and estates For setliâ—â— whereof and preventing the like in time to come Be it Ordained and enacted by Authority of this present Parliament That tâ—â— said Court commonly called the Star-Chamber and all Jurisdiction power and aâ—â— 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 Loâ—â— 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 anâ— 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 â—tatute made in the third yeer of King Henry the seventh Or the Statute made â—he one and twentieth of Henry the eight Or any Act or Acts of Parliament hereâ—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 orâ—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 â—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 â—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 â—f the Lands Tenements Hereditaments Goods or Chattels of any the Subjects â—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 â—al President of the Councell Bishop Temporall Lord Privy Councellour Iudge 〈◊〉 Iustice whatsoever shall offend or do any thing contrary to the purport true inâ—nt and meaning of this Law Then he or they shall for such offence forfeit the sum â—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 â—â—dgement thereupon to be recorded in any Court of Record at Westminster by â—â—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 â—ny person against whom any such Iudgement or Recovery shall be had as aforeâ—â— shall after such