(4) and that the knights and burgesses, and every of them, shall have like dignity, pre-eminence, and privilege, and shall be allowed such fees, as other knights of the parliament have and be allowed; (5) and the knights fees to be levied and gathered of the commons of the shire that they be elected in; (6) and the burgesses fees to be levied and gathered as well of the boroughs and shire towns, as they be burgesses of, as of all other ancient boroughs within the same shires. ANNO 340 & 350 HENRICI VIII. CAP. 13. An Act for making of Knights and Burgesses within the A. D. 1542. To the king our sovereign lord, in most humble wise, shewn unto your excellent majesty, the inhabitants of your grace's county palatine of Chester, That where the said county palatine of Chester is and hath been always hitherto exempt, excluded, and separated, out and from your high court of parliament to have any knights and burgesses within the said court; by reason whereof the said inhabitants have hitherto sustained manifold disherisons, losses, and damages, as well in their lands, goods, and bodies, as in the good, civil, and politic governance and maintenance of the common-wealth of their said country: (2) and forasmuch as the said inhabitants have always hitherto been bound by the acts and statutes made and ordained by your said highness and your most noble progenitors, by authority of the said court, as far forth as other counties, cities, and boroughs, have been that have had their knights and burgesses within your said court of parliament, and yet have had neither knight nor burgess there for the said county palatine, the said inhabitants, for lack thereof, have been oftentimes touched and grieved with acts and statutes made within the said court, as well derogatory unto the most ancient jurisdictions, liberties, and privileges of your said county palatine, as prejudicial unto the common-wealth, quietness, rest, and peace of your grace's most bounden subjects inhabiting within the same:' (3) for remedy whereof, may it please your said highness that it may be enacted, &c. That from the end of this present session, the said county palatine [of] Chester shall have two knights for the said county palatine, and likewise The county of two citizens to be burgesses for the city of Chester, to be Chester shall elected and chosen by process to be awarded by the chan- have two knights for the cellor of England, unto the chamberlain of Chester, his shire, and the lieutenant or deputy for the time being; (4) and also like city of Chester two burgesses process to be made by the said chamberlain, his lieutenant for the parlia or deputy, to the sheriff of the said county of Chester; (5) and the same election to be made under like manner and form to all intents, constructions, and purposes, as is used within the county palatine of Lancaster, or any other county and city within this realm of England; (6) which ment. The sheriff shall gather the wages of the knights in every county in Wales and In Monmouth. said knights and burgesses, and every of them so elected and chosen, shall be returned by the said sheriff into the chancery of England in due form, and upon like pains as it is ordained that the sheriff or sheriffs of any other county within this realm should make their return in like case; (7) and which said knights and burgesses, and every of them so elected and returned, shall be knights and burgesses of the court of parliament and have like voice and authority to all intents and purposes as any other the knights and bur gesses of the said court of parliament have, use, and enjoy; (8) and in likewise shall and may take all and every such like liberties, advantages, dignities, privileges, wages, fees, and commodities, concerning this said court of parliament, to all intents, constructions, and purposes, as any other the knights and burgesses of the said court shall, may, or ought to, have, take, or enjoy. ANNO 35° HENRICI VIII. CAP. 11. The Bill for Knights and Burgesses in Wales, concerning the 'WHERE the knights of all and every shire of this realm of England and Wales, and the burgesses of all cities, towns and boroughs of the same be named, elected, and chosen for their assembly in the king's high court of parliament, as by ancient laudable laws and customs of this realm hath been used and accustomed, at and by the king's majesty's high commandments, unto the which knights and burgesses their fees and wages be assigned certainly; that is to say, to every knight by the day 4s. and to every citizen and burgess by the day 2s. or more, as heretofore hath been accustomed, (2) accounting for the same so many days as the said high court of parliament endureth, with addition thereunto of so many days as every such knight and burgess may reasonably journey and resort from their habitations or dwelling places to the said high court of parliament, and from the said high court to return to their habitations or dwelling places, together with their costs of writs, and other ordinary fees and charges; (3) which wages, fees, and charges, at all times ought to be levied and collected by the sheriffs, and by the mayors, bailiffs, and other head officers of and in the cities, boroughs, and towns aforesaid, wherein some of the said sheriffs, mayors, and bailiffs, and other head officers, have been negligent and laches, not endeavouring themselves in accomplishment of their duties in collection and payment of the same in due form, according to justice, to the great hurt, injury, and delay of the king's said subjects.' (4) Be it therefore enacted by the authority of this present parliament, that the sheriffs for the time being, of every of the twelve shires in Wales, and in the county of Monmouth, from the beginning of this present parliament, shall have full power and authority by force of this act to gather and levy, or cause to be gathered and levied, the said knights fees and wages, of the inhabitants of the said twelve shires, and of the said county of Monmouth, which ought to pay the same; and the same so gathered, shall pay, or cause to be paid, to every such knight or knights, or to his or their assigns, within the term of two months after that any such knight or knights shall deliver or cause to be delivered, the king's writ de solutione feodi militis parliamenti, to any such sheriff; (5) and every such sheriff making default of payment of the said fees or wages, in manner and form as is aforesaid, to lose and forfeit 201, whereof the one moiety to be to the king's use, and the other to his or their use that will sue for the same in any of the king's courts of record, by information, bill, or plaint, or otherwise afore any of the king's officers, wherein no essoin, protection, or wager of law shall be admitted. (6) And if it shall happen any sheriff, in any of the said twelve shires and county of Monmouth, to make default of payment of the said wages or fees by a longer term than two months, then every such sheriff to forfeit for every month that he or they shall make default 201. to be forfeited and levied in manner and form as is aforesaid. 2. AND that every mayor and bailiff, and other head of- The levying ficers of cities, boroughs, and towns in every of the said of the wages of twelve shires, and in the said county of Monmouth, within of parliament. the burgesses like term and space of two months after the receipt of the king's majesty's writ de solutione feod' burgens' parliament', like as is before mentioned for gathering or levying of the knights fees, shall levy, gather and pay the wages and fees to their burgesses in like manner and form as is aforesaid, and in and under like pains and forfeitures, as be before mentioned to be levied of the goods and chattels of every such mayor, bailiff and other head officer to whom the king's said writ shall be directed for the levying of such fees, making default of payment of the said fees and wages to the burgesses in manner and form as is aforesaid. 3. AND be it further enacted, by the authority aforesaid, forasmuch as the inhabitants of all cities and boroughs in every the said twelve shires within Wales, and in the said county of Monmouth, not finding burgesses for the parlia ment themselves, must bear and pay the burgesses wages within the shire towns of and in every the said twelve shires in Wales, and in the said county of Monmouth, That from the beginning of the said parliament, the burgesses of all and every of the said cities, boroughs, and towns which be and shall be contributary to the payment of the burgesses wages of the said shire towns, shall be lawfully admonished by proclamation or otherwise, by the mayors, bailiffs, or other head officers of the said towns, or by one of them to come and to give their elections for the electing of the said burgesses at such time and place lawful and reasonable as shall be assigned for the same intent by the said mayors, bailiffs, and other bead officers of the said shire towns, or by Who shall be one of them; in which elections the burgesses shall have burgesses of like voice and authority to elect, name, and choose the bur- parliament in Wales and gesses of every the said shire towns, like and in such man- Monmouth, choosers of the ner as the burgesses of the said shire towns have or use. 4. PROVIDED always, that two justices of the peace in every of the shires in Wales, and in the said county of Monmouth by force of this act, shall have full power and authority indifferently to lot and tax every city, borough, and town within the shires in Wales, wherein they do inhabit, and in the said county of Monmouth, for the portions and rates that every the said cities and boroughs shall bear and pay towards the said burgesses, within the said shire towns of every of the said shires in Wales and the county of Monmouth; (2) which rates so rated and taxed in gross by the said two justices of peace as is aforesaid, shall be again rated and taxed on the inhabitants of every the said cities and boroughs, by four or six discreet and substantial burgesses of every the said cities and boroughs in Wales, thereunto named and assigned by the mayor, bailiffs or other head officers of the said cities, towns, and boroughs, for the time being, and thereupon the mayors, bailiffs, or other head officers of every such city, borough, and town, to collect and gather the same, and thereof to make payment, in manner and form as is aforesaid, to the burgesses of the parliament for the time being, within like time, and upon the like pains and forfeitures as is abovementioned. ANNO 250 CAROLI II. CAP. 9. An Act to enable the County Palatine of Durham to send A. D. 1672. WHEREAS the inhabitants of the county palatine of Durham, have not hitherto had the liberty and privilege of electing and sending any knights and burgesses to the high court of parliament, although the inhabitants of the said county palatine are liable to all payments, rates, and subsidies granted by parliament, equally with the inhabitants of other counties, cities, and boroughs in this kingdom who have their knights and burgesses in the parliament, and are therefore concerned equally with others the inhabitants of this kingdom, to have knights and burgesses in the said high court of parliament of their own election, to represent the condition of their county, as the inhabitants of other counties, cities, and boroughs of this kingdom have;' (2) wherefore may it please your majesty, that it may be enacted and be it enacted, &c. That from time to time, and at all times from and after the end of this present session of parliament, the said county palatine of Durham`may have two knights for the same county, and the city of Durham, two citizens to be burgesses for the same city, for ever hereafter to serve in the high court of parliament; (3) to be gesses to par- elected and chosen by virtue of your majesty's writ, to be awarded by the lord chancellor, or lord keeper of the great seal of England for the time being, in that behalf, to the lord bishop of Durham, or his temporal chancellor of the said county of Durham, and a precept to be thereupon The county palatine of Durham to send two knights, and the city of Durham to send two burliament. grounded, and made by the lord bishop of Durham, or his temporal chancellor for the time being, to the sheriff of the said county for the time being; (4) and the same election from time to time to be made in the manner and form fol- How the elec tions are to be lowing, that is to say, the elections of the knights to serve made. for the said county palatine from time to time hereafter to be made by the greater number of freeholders of the said county palatine of Durham, which from time to time shall present at such elections, accordingly as is used in other counties in this your majesty's kingdom; (5) and that the election of the said burgesses from time to time, to serve in the high court of parliament for the city of Durham, to be made from time to time, by the major part of the mayor, aldermen, and freemen of the said city of Durham, which from time to time shall be present at such elections; (6) By whom to which said knights and burgesses and every of them, so be returned. elected or returned, shall be returned by the said sheriff into the chancery of England, in due form, and upon the like pains as be ordained for the sheriff or sheriffs of any other county of this kingdom to make his or their returns in like cases; (7) and that the said knights and burgesses and every of them, so elected and returned, shall be by authority of this present act, knights and burgesses of the high court of parliament, to all intents and purposes, and have and use the like voice, authority, and places therein, to all intents and purposes as any other the knights and burgesses of the said court of parliament, have, use and enjoy, and likewise shall and may, by virtue of this present act, take, have, use, and enjoy all such and the like liberties, advantages, dignities and privileges concerning the said court of parliament to all intents, constructions and purposes, as any other the knights and burgesses of the said high court of parliament have taken, had used or enjoyed, or shall, may or ought hereafter to have, take, or enjoy. ANNO 30o CAROLI II. STAT. 2. CAP. 1. An Act for the more effectual preserving the King's Person (3.) "FORASMUCH as divers good laws have been made for 3 Car. 1. c. 2. preventing the increase and danger of popery in this kingdom, which have not had the desired effects, by reason of the free access which popish recusants have had to his majesty's court, and by reason of the liberty which, of late, some of the recusant have had and taken to sit and vote in parliament.' 2. WHEREFORE, and for the safety of his majesty's royal person and government, be it enacted, &c., That from and after the first day of December, which shall be in the year of our Lord God 1678, no person that now is or hereafter shall be a peer of this realm, or member of the house of peers, shall vote, or make his proxy in the house of peers, or sit there during any debate in the said house of peers; N |