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.
LONDON, Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: and by the Assignes of JOHN BIL. Anno Dom. 1640.
ANNO XVI. Caroli Regis.
¶ An Act for the preventing of Inconveniences happening by the long intermission of Parliaments.
WHereas by the Lawes and Statutes of this Realm, the Parliament ought to be holden at least once every yeer, for the redresse of Grievances, but the appointment of the time and place for the holding thereof hath alwayes belonged, as it ought, to His Majestie and His Royall Progenitors. And whereas it is by experience found, that the not holding of Parliaments accordingly hath produced sundry and great mischiefs and inconveniences to the Kings Majestie, the Church and Common-wealth, for the prevention of the like chiefs and inconveniences in time to come;
Be it enacted by the Kings most excellent Majestie, with the consent of the Lords [...]rituall and Temporall, and the Commons in this present Parliament assembled, [...]t the said Laws and Statutes be from henceforth duly kept and observed, and your [...]jesties loyal & obedient Subjects, in this present Parliament now assembled, do hum [...] pray, that it be enacted; An be it enacted accordingly, by the authority of this pre [...]t Parliament; That in case there be not a Parliament summoned by Writ under the [...]at Seal of England, and assembled and held before the tenth day of Septem. which [...]ll be in the third yeer next after the last day of the last meeting and sitting in this [...]ent Parliament, the beginning of the first yeer to be accompted from the said last of the last meeting and sitting in Parliament, and so from to time to time, and in [...]mes hereafter, if there shall not be a Parliament assembled and held before the [...]th day of September, which shall be in the third yeer next after the last day of the meeting and sitting in Parliament before that time assembled and held; the be [...]ning of the first yeer to be accounted from the said last day of the last meeting [Page]and sitting in Parliament; That then in every such case as aforesaid, the Parliament sh [...] assemble and be held in the usuall place at Westminster, in such manner, and by su [...] means only as is hereafter in this present Act declared and enacted, and not otherwise on the second Monday which shall be in the moneth of November then next ensuir [...] And in case this present Parliament now assembled and held, or any other Parliament which shall at any time hereafter be assembled and held by Writ lunder the great S [...] of England: or in case any Parliament shall be assembled and held by authority this present Act: and such Parliaments, or any of them shall be Prorogued or Adjour [...] ed, or continued by Prorogation or Adjournment, untill the tenth day of September which shall be in the third yeer next after the last day of the last meeting and sitti [...] in Parliament, to be accompted as aforesaid, that then in every case, every su [...] Parliament so Prorogued or Adjourned, or so continued by Prorogation or a [...] ournment, as aforesaid, shall from the said tenth day of September be thencefore cleerly and absolutely dissolved, and the Lord Chancellor of England, the Lord Ke [...] er of the great Seal of England, and every Commissioner and Commissioners the keeping of the great Seal of England for the time being, shall within six da [...] after the said tenth day of September, in every such third year as aforesaid due form of Law, and without any further Warrant or Direction from His Ma [...] stie, His Heires or Successours, Seal, issue forth, and send abroad severall and [...] spective Writs to the severall and respective Peeres of this Realm, commanding ev [...] such Peer that he personally be at the Parliament to be held at Westminster, on the [...] cond Monday that shall be in November next following the said tenth day of September, then and there to treat concerning the high and urgent Affairs concerning [...] Majestie, the State, and defence of the Kingdom and Church of England: and sh [...] also Seal, issue forth, and send abroad severall and respective Writs to the seve [...] and respective Sheriffs of the severall and respective Counties, Cities, and Borough of England and Wales, and to the Constable of the Castle of Dover, Lord Warden [...] the Cinque-Ports, or his Lieutenant for the time being, and to the Major and Bai [...] of Barwick upon Tweed, and to all and every other Officers and Persons to wh [...] Writs have used to be directed, for the electing of the Knights, Citizens, Barons, a [...] Burgesses, of and for the said Counties, Cities, Cinque-Ports, and Borough England and Wales, respectively, in the accustomed form to appear and serve in Parliment to be held at Westminster on the said second Monday, which shall be in November aforesaid, which said Peers, after the said Writs received, and which said Knig [...] Citizens, Barons, and Burgesses chosen by vertue of the said Writs, shall then a [...] there appear and serve in Parliament accordingly. And the said Lord Chancellor Lord Keeper, Commissioner and Commissioners aforesaid, shall respectively take solemn Oath upon the holy Evangelist for the due issuing of Writs, according to [...] tenour of this Act, viz. in haec verba:
YOu shall swear, that you shall truely and faithfully issue forth and send abroad all W [...] of Summons to Parliament for both Houses, at such time and in such manner a [...] expressed and enjoyned by an Act of Parliament, intituled; An Act for the prevent [...] of inconveniencies happening by the long intermission of Parliaments.
Which Oath is forthwith to be taken by the present Lord Keeper, and to be ministred by the Clerk of the Crown to every Lo. Chancellour, Lord Keeper, Comissioner and Commissioners aforesaid, and that none of the said Officers respectly [Page]shall henceforth execute any the said offices before they have taken the said Oath. And if the said Lord Chancellour, Lord Keeper, or any the said Commissioners shall fail or forbear so to issue out the said Writs, according to the true meaning of this Act, then he or they respectively shall, beside the incuring of the grievous sin of perjury, be disabled, and become by vertue of this Act incapable, ipso facto, to bear his and their said Offices respectively, and be further lyable to such punishments as shall be inflicted on him or them by the next or any other ensuing Parliament. And in case the said Lord Chancellour, Lord Keeper, Commissioner or Commissioners aforesaid, shall not issue forth the said Writs as aforesaid: or in case that the Parliament do not assemble and be held at the time and place before appointed, Then 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 third Monday which 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 [Page]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 [Page]Citizen and Citizens, 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 [Page]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 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 o [...] 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 fo [...] 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 o [...] 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.
[Page] 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 [...]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 [...]semble and meet in the Commons House of Parliament, and shall enter into the [...]me, and have voices in such Parliament, before, and without the taking of the se [...]erall oathes of Supremacy and Allegiance, or either of them; any Law or Statute to [...]e contrary thereof in any wise notwithstanding.
Provided alwayes, That if the Kings Majesty, His Heires or Successors, shall at [...]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 [...]ersons whatsoever, thereby giving power and authority to him or them, to take and [...]ceive the Oath of Supremacy and Allegiance, of all or any the members of the [...]ommons House of Parliament, and any the Members of that House, being duly re [...]ired thereunto, shall refuse or neglect to take and pronounce the same, that from [...]enceforth such person so refusing or neglecting, shall be deemed no Member of that [...]ouse, nor shall have any voice therein, and shall suffer such paines and penalties, as [...] he had presumed to sit in the same house without election, return or authority. [...]nd it is likewise provided and enacted, that this Statute shall be publikely read yeer [...] at every generall Sessions of the peace, to be held next after the Epiphany, and every [...]ssises then next ensuing, by the Clerke of the Peace, and Clerke of the Assises for [...]e time being respectively; and if they or either of them, shall neglect, or fail to do [...]e same accordingly, then such party so neglecting or failing, shall forfeit the sum [...] one hundred pounds. And it is lastly provided and enacted, that His Majesties [...]all assent to this Bill shall not thereby determine this present Session of Parliament, [...] that all Statutes and Acts of Parliament, which are to have continuance unto the [...] of this present Session, shalbe of full force after His Majesties assent, untill this pre [...]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, [...]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 forejudged of life or lim, nor his Lands, Tenements, Goods, nor Chattels seised into [...]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 [...]ing Edward the third, It is accorded, assented and established, that none shall be [...]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 [...]here such deeds be done, in due manner, or by processe made by Writ originall at [...]e common Law, and that none be put out of his Franchise or Free-hold, unlesse he [...] duly brought in, to answer, and forejudged of the same by the course of the Law, [...]d if any thing be done against the same, it shall be redressed and holden for none, [...]d by another statute made in the eight and twentieth yeer of the Reign of the same [...]ng Edward the third, It is amongst other things Enacted, that no man of what estate [...]condition soever he be, shall be put out of his Lands or Tenements, nor taken, nor [...]prisoned, nor disinherited, without being brought in to answer by due processe of [...]w, And by another statute made in the two and fourtieth yeer of the Reign of the [Page]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, 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 [Page]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, [Page]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 [Page]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.