¶ An Act for the preventing of In­conveniences hapning 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 year, 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 Royal 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 [Page]and Common-wealth, for the prevention of the like mischiefs and inconveniences in time to come;

Be it enacted by the Kings most excellent Ma­jestie, with the consent of the Lords Spiritual and Temporal, and the Commons in this present Par­liament assembled, that the said Laws and Statutes be from henceforth duly kept and observed, and your Majesties loyal & obedient Subjects, in this present Parliament now assembled, do humbly pray, that it be enacted; And be it enacted accordingly, by the au­thority of this present Parliament; That in case there be not a Parliament summoned by Writ under the great Seal of England, and assembled and held before the tenth day of September, which shall be in the third yeer next after the last day of the last meet­ing and sitting in this present Parliament, the be­ginning of the first yeer to be accompted from the said last day of the last meeting and sitting in Parlia­ment, and so from time to time, and in all times hereafter, if there shall not be a Parliament assem­bled and held before the tenth day of September, which shall be in the third yeer next after the last day of the last meeting and sitting in Parliament before that time assembled and held; the beginning of the first yeer to be accounted from the said last day of the last meeting and sitting in Parliament; That then in every such case as aforesaid, the Parliament shall assemble and be held in the usual 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 Monday which shall be in the moneth of November then next ensu­ing. And in case this present Parliament now assem­bled and held, or any other Parliament which shall [Page]at any time hereafter be assembled and held by Writ under the great Seal of England: or in case any Par­liament shall be assembled and held by authority of this present Act: and such Parliaments, or any of them shall be Prorogued or Adjourned, or continued by Prorogation or Adjournment, until the tenth day of September, which shall be in the third yeer next after the last day of the last meeting and sitting in Parliament, to be accompted as aforesaid, that then in every such case, every such Parliament so Proro­gued or Adjourned, or so continued by Prorogation or Adjournment, as aforesaid, shall from the said tenth day of September be thenceforth cleerly and absolutely dissolved, and the Lord Chancellor of England, the Lord Keeper of the great Seal of Eng­land, and every Commissioner and Commissioners for the keeping of the great Seal of England for the time being, shall within six dayes after the said tenth day of September, in every such third yeer as afore­said, in due form of Law, and without any further Warrant or Direction from his Majestie, His Heirs or Successours, Seal, issue forth, and send abroad several and respective Writs to the several and re­spective Peers of this Realm, commanding every such Peer that he personally be at the Parliament to be heid at Westminster, on the second Monday which shall be in November next following the said tenth day of September, then and there to treat concern­ing the high and urgent Affairs concerning His Ma­jestie, the State, and derence of the Kingdom and Church of England: and shall also Seal, issue forth, and send abroad several and respective Writs to the several and respective Sheriffs of the several and respective Counties, Cities, and Boroughs of Eng­land [Page]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 Officers and Persons to whom Writs have 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 of England and Wales, respectively, in the accustomed form to appear and serve in Parliament 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 Knights, Ci­tizens, Barons, and Burgesses chosen by vertue of the said Writs, shall then and there appear and serve in Parliament accordingly. And the said Lord Chancellour, Lord Keeper, Commissioner and Commissioners aforesaid, shall respectively take a solemn Oath upon the holy Evangelist for the due issuing of Writs, according to the tenour of this Act, viz. in haec verba.

YOu shall swear, that you shall truly and faith­fully issue forth and send abroad all VVrits of Summons to Parliament for both Houses, at such time and in such manner as is expressed and enjoyned by an Act of Parliament, Entituled, An Act for the preventing of inconveniencies happening by the long intermission of PARLIA­MENTS.

Which Oath is forthwith to be taken by the present Lord Keeper, and to be administred by the Clerk of [Page]the Crown to every Lord Chancellour, Lord Kee­per, Commissioner and Commissioners aforesaid, and that none of the said Officers respectively 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 incur­ring 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 usual 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 Ianuary 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 usual 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 day of September aforesaid, by vertue of this Act, without other Warrant, issue out Writs in the usual form, in the name of the [Page]Kings Majestie, His Heirs or Successours, attested under the hands and Seals of twelve or more of the said Peers, to the several and respective Sheriffs of the several 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 Ianuary then next following: All & every which 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 [Page]Writs to every person and persons, Sheriff, 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 such 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 Ianuary, 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 usual and ac­customed manner. And in case the said Lords, or twelve or more of them, shall fail to issue forth such Writs, or that the said Writs doe not come to the said several Counties, Cities, Cinque-Ports, and Boroughs, so that an election bee not thereupon made; And in case there bee not a Parliament assembled and held before the three and twentieth day of the said moneth of Ianuary, 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 Ianuary; then in every such case as aforesaid, the Parliament shall assemble, and be held in the usual 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 Ianuary: At which Parliament the Peers of this Realm shall make their appearance, and shall [Page]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 several and respective Sheriffs of their several and respective Counties, Cities, and Boroughs of Eng­land and Wales, and the Chancellour, Masters and Scholar of both and every of the Vniversities, and the Major and Bailiffs of the Borough of Bar­wick upon Tweed, shall at the several Courts and places to be held and appointed for their respective Counties, Vniversities, Cities and Boroughs, next after the said three and twentieth day of Ianuary, cause such Knight and Knights, Citizen and Citi­zens, Burgesse and Burgesses of their said Coun­ties, Vniversities, Cities and Boroughs respective­ly, to be chosen by such persons, and in such manner, as if several and respective Writs of summons to Parliament under the great Seal of England had is­sued, and been awarded. And in case any of the seve­ral Sheriffs, or the Chancellour, Masters and Scholars of either of the Vniversities, or the Major and Bailiffs of Barwick respectively, do not before ten of the Clock in the forenoon of the same day, wherein the several and respective Courts and places shall be held or appointed, for their several and respective Counties, Vniversities, Cities and Boroughs as [Page]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, Burgesse and Burgesses of their said Coun­ties, Vniversities, Cities, and Boroughs as afore­said, then the Freeholders of each County, and the Masters and Scholars of every of the Vniversities, and the Citizens, and others having voices in such Election respectively, in each Vniversity, 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 unsal in case of Writs of Summons issued and awarded.

And it is further enacted, That the several and respective Sheriffs of their several 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 Ianuary, and before the eighth day of February then immediate­ly next ensuing, award and send forth their Pre­cepts to the several and respective Cities and Bo­roughs, within their several Counties, and likewise unto the said Cinque-Ports respectively, Command­ing them respectively to make choice of such Citi­zen and Citizens, Barons, Burges 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, [Page]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 [Page]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 [Page]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 [Page]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 [Page]whatsoever; then the said County, City, Cinque-Port, or Borough, shall not incurr 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 for the meeting thereof, unlesse it be by assent of His Majesty, his Heirs, or Successours, and of both Houses in Parliament assembled: And that neither the House of 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 & 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 respecitve­ly, 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 privi­leges to all intents and purposes, as any Speaker, [Page]or Speakers of either of the said Houses respective­ly, heretofore 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 Rights, Privileges, Iurisdictions, & Im­munities as any Parliament summoned by Writ un­der the great Seal of England, or any Member there­of might, or ought to have: 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 assemble and meet in the Commons House of Parliament, and shall en­ter into the same, and have voices in such Parlia­ment, before, and without the taking of the several Oathes of Supremacy and Allegiance, or either of them; any Law or Statute to the contrary thereof in any wise notwithstanding.

Provided alwayes, That if the Kings Majesty, His Heirs or Successours, shall at any time during any Parliament hereafter to be assembled by autho­rity of this Act, as aforesaid, award or direct any Commission or Commissions, unto any person, or persons whatsoever, thereby giving power and au­thority to him or them, to take and receive the Oath of Supremacy and Allegiance, of all or any the mem­bers of the Commons house of Parliament, and any the members of that House, being duly required thereunto, shall refuse or neglect to take and pro­nounce the same, that from thenceforth such person so refusing or neglecting, shall be deemed no Member of that House, nor shall have any voice therein, and shall suffer such pains and penalties, as if he had presu­med to sit in the same house without election, return [Page]or authority. And it is likewise provided and enacted, that this Statute shall be publikely read yearly at every general Sessions of the peace, to be held next after the Epiphany, and every Assises then next ensu­ing, by the Clerk of the Peace, and Clerk of the As­sises for the time being respectively; and if they or ei­ther of them, shall neglect, or fail to do the same accor­dingly, then such party so neglecting or failing, shall forfeit the sum of one hundred pounds. And it is lastly provided and enacted, that His Majesties royal assent to this Bill shall not thereby determine this present Session of Parliament, and that all Sta­tutes and Acts of Parliament, which are to have continuance unto the end of this present Session, shall be of full force after His Majesties assent, untill this present Session be fully ended and determined: And if this present Session shall determin by dissolu­tion of this present Parliament, then all the Acts and Statutes aforesaid, shall be continued un­till the end of the first Session of the next Parliament.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.