Triennial Act 1640

II.

If no Parliament summoned before the 16th Sept. in the 3d Year after the last Day of the last Sitting,; then the Parliament to assemble at Westminster in the Manner, and by the Means, and at the Time hereafter mentioned.; Lord Chancellor and Commissioners to take an Oath to issue Writs.

Bee it enacted by the Kings most excellent Majestie with the consent of the Lords Spirituall and Temporall and the Co[m]mons in this p[re]sent Parliament assembled that the said Lawes and Statutes bee from henceforth duly kept and observed and your Majesties loyall and obedient subjects in this p[re]sent Parliament now assembled doe humbly pray that it bee enacted And be it enacted accordingly by the authority of this p[re]sent Parliament That in case there be not a Parliament summoned by Writt under the Great Seale of England and assembled and held [X1 before the tenth day of September which shall bee in the third yeare next after the last day of the last meeting and sitting in this p[re]sent Parliament the begining of the first yeare to be accompted from the said last day of the last meeting and sitting in Parliament and soe from time to time and in all times hereafter if there shall not bee a Parliament assembled and held before the tenth day of September which shall be in the third yeare next after the last day of the last meeting and sitting in Parliament before that time assembled and held the begining of the first ycaŕe to bee 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 bee held in the usuall place att Westminster in such manner and. by such meanes onely as is hereafter in this p[re]sent Act declared and enacted and not otherwise on the second monday which shall bee in the moneth of November then next ensueing And in case this p[re]sent Parliament now assembled and held or any other Parliament which shall att any time hereafter bee assembled and held by Writ under the Great Seale of England or in case any Parliament shall bee assembled and held by authority of this p[re]sent Act and such Parliam^ts or any of them shall be prorogued or adjourned or continued by prorogation or adjournment untill the tenth day of September which shall be in the third yeare next after the last day of the last meeting and sitting in Parliament to bee accommpted as aforesaid that then in every such case every such Parliament so prorogued or adjourned or soe continued by prorogation or adjournment as aforesaid shall from the said tenth day of September be thenceforth cleerely and absolutely dissolved and the Lord Chancellor of England the Lord Keeper of the Great Seale of England and every Commmissioner and Commmissioners for the keeping of the Great Seale of England for the time being shall within six dayes after the said tenth day of September in every such third yeare as aforesaid in due forme of Law and without any further Warrant or direcc[i]on from His Majestie his Heires or Successors Seale issue forth and send abroad severall and respective Writs to the severall and respective Peeres of this Realme Commmanding every such Peer that hee personally bee att the Parliament to be held att Westminster on the second monday which shall be in November next following the said tenth day of September then and there to treate concerning the high and urgent Affairs concerning his Majestie the state and defence of the Kingdome and church of England and shall alsoe seale issue forth and send abroad severall and respective Writs 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 Lieutennant for the time being and to the Maior 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 forme to appeare 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 appeare 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 hec verba.

You shall sweare that you shall truly and faithfully issue forth and send abroad all Writs of Summons to Parliament for both Houses att such time and in such manner as is expressed and enjoyned by an Act of Parliament intituled An Act for the p[re]venting of Inconveniencies happening by the long intermission of Parliaments.

Failing to issue Writs; Perjury and Disability of Office and other Punishments. If Writs not issued, and Parliament do not meet, Peers enabled to meet in the old Palace of Westminster; and by virtue of this Act to issue Writs. Clerks of the Petty Bag,&c. to prepare such Writs for Signature of the Lords. Omitting so to do, Punishment. Messengers,&c. to deliver Writs. Omitting so to do, Punishment.

Which Oath is forthwith to be taken by the p[re]sent Lord Keeper and to be administred by the Clerke of the Crowne 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 forbeare soe 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 beare his and theire said Offices respectively and bee 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 doe not assemble and bee held att the time and place before appointed Then the Parliament shall assemble and bee held in the usuall place att Westminster in such manner and by such meanes onely as is hereafter in this p[re]sent Act declared and enacted and not otherwise on the third monday which shall bee in the moneth of January then next ensuing And the Peers of this Realm shall by vertue of this Act bee 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 day of September aforesaid by vertue of this Act without other Warrant issue out Writts in the usuall forme in the name of the Kings Majestie his Heires or Successors attested under the Hands and Seales of twelve or more of the said Peers to the severall and respective Sheriffes 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 Lieutennant for the time being and to the Maior and Bayliffs of Berwicke upon Tweed and to all and every other the said Officers and Persons to whom Writs have beene used to bee directed for the electing of the Knights Citizens Barons and Burgesses of and for the said Counties Cities Cinque Ports and Boroughs to bee and appeare att the Parliament att Westminster aforesaid to be held on the third monday in January then next following All and every which Writts 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 att the command of the said Lords soe 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 paine of the losse of theire 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 soe issued shall be of the same power and force to all intents and purposes as the Writs or Summons to Parliament under the Great Seale of England have ever beene or ought to bee And all the Messengers of the Chamber or others whoe shall be appointed by the said Lords or any twelve or more of them are hereby required faithfully and speedyly to deliver the said Writs to every person and persons Sheriffe Officers and others to whom the same shall be directed which if the said Messengers or any of them shall faile to performe they shall forfeit theire respective places and incurre such other pains and punishments as by that or any other ensuing Parliament shall be imposed on them.]

Editorial Information

X1 annexed to the Original Act in a separate Schedule.