Triennial Act 1640

V. Sheriffs, Constables of Dover Castle, and Lord Warden of Cinque Ports, to send forth Precepts for Election

as if Writs had issued. If Default, then Electors to proceed. Knights, &c. elected to appear and serve in Parliament. Sheriffs, &c. to make Returns as if Writs had issued; and if Default, then Electors to make Returns, which shall be good. Persons advising any Proceedings contrary to this Act. Premunire, and Disability to sue, &c. Sheriff or other Officer not obeying this Act, Penalties. How recovered; Procuring Action or Execution under this Act to be stayed, &c. Premunire. Such Action not to abate by Death of Plaintiff. Forfeitures how to go and be disposed of. Proviso as to Elections afterwards adjudged void.

And it is further enacted that the severall and respective Sheriffs of theire severall and respective Counties and the Constables of the Castle of Dover and Lord Warden of the Cinque Ports or his Leiutenant 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 theire Precepts to the severall and respective Cities and Boroughs within theire severall Counties and likewise unto the said Cinque Ports respectively comanding them respectively to make choice of such Citizen and Citizens Barons [X1 Burge] and Burgesses to serve in the said Parliament att 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 Seale of England had issued and beene awarded And in case no such p[re]cept 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 ensueing the said last day of February make choice of such Citizen and Citizens Barons [X1 Burge] and Burgesses as if a Writ of Summons under the Great Seale of England had issued and beene awarded and precepts thereupon issued to such Cities Cinque Ports and Boroughs which Knights Citizens Barons and Burgesses so chosen shall appeare and serve in Parliament att the time and place aforesaid and shall each of them be liable unto such paines and censures for his and theire not appearing and serving then and theire in Parliament as if hee or they had beene elected and chosen by vertue of a Writ under the Great Seale 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 hee or they shall be adjudged unto And the Sheriffs and other Officers and persons to whom it appertaineth shall make returnes and accept and receive the returnes of such Elections in like manner as if Writs of Summons had issued and beene executed as hath beene used and accustomed and in default of the Sheriffs and other Officers respectively in not accepting or makeing returne of such Elections it shall and may be lawfull to and for the severall Freeholders and other persons that have elected to make returns of the Knights Citizens Barons and Burgesses by them elected which shall bee as good and effectuall to all intents and Purposes as if the Sheriffe or other Officers had received a Writ of Summons for a Parliament and had made such returnes And that such Elections Precepts and returnes shall bee had and made att 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 soe hardy to advise frame contrive serve or put in execution any such Writs Proclamac[i]on Edict Act Restraint Inhibition Order or Warrant thereupon then hee or they soe offending shall incur and sustain the paines penalties and forfeitures limited ordained and provided in and by the Statute of Provision and Premunire made in the sixteenth yeare of King Richard the Second and shall from thenceforth bee disabled during his life to sue or implead any person in any action reall or personall or to make any Gift Grant Conveyance or other disposition of any his Lands Tenements Hereditaments Goods or Chattels which hee hath to his owne 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 owne use or to take any benefit of any Gift Conveyance or Legacie to his owne use And if any Sheriffe Constable of the Castle of Dover or Lord Warden of the Cinque Ports shall not performe his duty enjoyned by this Act then hee shall lose and forfeit the sum of one thousand pounds and every County City Cinque Port and Borough that shall not make Election of theire Knights Citizens Barons and Burgesses respectively shall incur the Penalties following (that is to say) every County the su[m]me of one thousand Pounds and every City which is noe County twoe hundred pounds and every Cinque Port and Borough the su[m]m of one hundred pounds All and every of which severall forfeitures and all other forfeitures in this Act mentioned shall and may bee recovered in any of the Kings Courts of Record att Westminster by and in the name of the Lord Maior of the City of London for the time being without nameing the christian name or sirname of the said Lord Maior for the time being by action of debt bill plaint or information wherein no essoin protection wager of Law aid prayer priviledge injunction or order of restraint shall bee 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 bee stayed or delayed before Judgement by colour or meanes of any Order Warrant Power or Authority save onely of the Court wherein such Action as aforesaid shall be brought or depending or after Judgment had upon such Action shall cause or procure the execution of or upon any such Judgment to bee stayed or delayed by colour or meanes of any order warrant power or authority save onely by Writ of Errour or Attaint that then the said persons soe offending shall incurre and sustain all and every the paines penalties and forfeitures limited ordained and provided in and by the said Statute of Provision and Premunire made in the sixteenth yeare of King Richard the Second And if any Lord Maior of London shall att 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 Maior 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 soe hanging and depending in such manner and forme and to all intents and purposes as that Lord Maior might have done which first commenced or preferred the same the fifth part of all and every the forfeitures in this Act mentioned shall goe and be to and for the use and behoofe 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 theire Knights Citizens Barons and Burgesses which election shall afterwards fall out to bee afterwards adjudged or declared void in Law by the House of Commons by reason of equality of voices or misdemeanour of any person whatsoever then the said County City Cinque Port or Borough shall not incurre the penalties in this Law soe as an election de facto be made.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: Burges O. [O. refers to a collection in the library of Trinity College, Cambridge]