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 fall out to be 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 incur the penalties in this law, so as an election de facto be made.

VI. And it is further enacted, that no Parliament henceforth to be assembled shall be dissolved or prorogued within fifty days at least after the time appointed for the meeting thereof, unless it be by assent of His Majesty, his heirs or successors, and of both Houses in Parliament assembled; and that neither the House of Peers nor the House of Commons shall be adjourned within fifty days at least after the meeting thereof, unless it be by the free consent of every the said Houses respectively.

VII. And be it further enacted and declared by authority of this present Parliament, that the Peers to be assembled at any Parliament by virtue 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 virtue 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, as well for the said Peers as for the said House of Commons respectively, shall, by virtue of this Act, be perfect and complete 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 or Speakers

of either of the said Houses respectively, heretofore have had or enjoyed.

VIII. 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, jurisdictions and 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 oaths of supremacy and allegiance, or either of them, any law or statute to the contrary thereof in any wise notwithstanding.

IX. Provided always, that if the King's Majesty, his heirs or successors, 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 or authority.

X. And it is likewise provided and enacted, that this Statute shall be publicly read yearly at every General Sessions of the Peace, to be held next after the Epiphany, and every Assizes then next ensuing by the Clerk of the Peace and Clerk of the Assizes 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.

XI. And it is lastly provided and enacted, that His Majesty's 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 Majesty's assent, until this present Session be fully ended and determined; and if this present Session shall determine by dissolution of this present Parliament, then all the Acts and statutes aforesaid shall be continued until the end of the first Session of the next Parliament.

28. THE PROTESTATION.

[May 3, 1641. Rushworth, viii. 735. See Hist. of Engl. ix. 353.]

We the knights, citizens and burgesses of the Commons House in Parliament, finding to the grief of our hearts that the designs of the Priests and Jesuits, and other adherents to the See of Rome, have of late been more boldly and frequently put in practice than formerly, to the undermining and danger of the true reformed Protestant religion in His Majesty's dominions established; and finding also that there hath been, and having just cause to suspect there still are, even during the sittings in Parliament, endeavours to subvert the fundamental laws of England and Ireland, and to introduce the exercise of an arbitrary and tyrannical government by most pernicious and wicked counsels, practices, plots and conspiracies; and that the long intermission and unhappier breach of Parliaments hath occasioned many illegal taxations, whereby the subjects have been prosecuted and grieved; and that divers innovations and superstitions have been brought into the Church, multitudes driven out of His Majesty's dominions, jealousies raised and fomented between the King and his people; a Popish army levied in Ireland, and two armies 2 brought into the bowels of this kingdom, to the hazard of His Majesty's royal person, the consumption of the revenue of the crown and the treasure of this realm. And lastly, finding

It was at that time the custom that the royal assent was given to Bills at the end of the Session, and it was consequently argued that the assent put an end to the Session.

"The Scottish army and the English army opposed to it.

the great cause of jealousy, that endeavours have been, and are used, to bring the English army into a misunderstanding of this Parliament, thereby to incline that army by force to bring to pass those wicked counsels; have therefore thought good to join ourselves in a Declaration of our united affections and resolutions and to make this ensuing Protestation :—

I, A. B., do, in the presence of God, promise, vow and protest to maintain and defend, as far as lawfully I may with my life, power and estate, the true reformed Protestant religion expressed in the doctrine of the Church of England, against all Popery and popish innovation within this realm, contrary to the said doctrine, and according to the duty of my allegiance, I will maintain and defend His Majesty's royal person and estate, as also the power and privilege of Parliaments, the lawful rights and liberties of the subjects, and every person that shall make this Protestation in whatsoever he shall do, in the lawful pursuance of the same; and to my power, as far as lawfully I may, I will oppose, and by all good ways and means endeavour to bring to condign punishment all such as shall by force, practice, counsels, plots, conspiracies or otherwise do anything to the contrary in this present Protestation contained: and further, that I shall in all just and honourable ways endeavour to preserve the union and peace betwixt the three kingdoms of England, Scotland and Ireland, and neither for hope, fear or any other respects, shall relinquish this promise, vow and protestation.

29. THE ACT FOR THE ATTAINDER OF THE EARL
OF STRAFFORD.

[May 11, 1641. Statutes of the Realm, v. 177. See Hist. of Engl. ix. 329-366.]

Whereas the knights, citizens and burgesses of the House of Commons in this present Parliament assembled, have, in the name of themselves and of all the Commons of England, impeached Thomas Earl of Strafford of high treason, for endeavouring to subvert the ancient and fundamental laws and government of His Majesty's realms of England and Ireland, and to introduce an arbitrary and tyrannical government

against law in the said kingdoms, and for exercising a tyrannous and exorbitant power above and against the laws of the said kingdoms, over the liberties, estates and lives of His Majesty's subjects; and likewise for having by his own authority commanded the laying and sessing of soldiers upon His Majesty's subjects in Ireland, against their consents, to compel them to obey his unlawful summons and orders, made upon paper petitions in causes between party and party, which accordingly was executed upon divers of His Majesty's subjects in a warlike manner within the said realm of Ireland; and in so doing did levy war against the King's Majesty and his liege-people in that kingdom; and also for that he, upon the unhappy dissolution of the last Parliament, did slander the House of Commons to His Majesty; and did counsel and advise His Majesty that he was loose and absolved from rules of government; and~ that he had an army in Ireland which he might employ to✔ reduce this kingdom, for which he deserves to undergo the pains and forfeitures of high treason. And the said Earl hath also been an incendiary of the wars between the two kingdoms of England and Scotland, all which offences hath been sufficiently proved against the said Earl upon his impeachment.

Be it therefore enacted by the King's Most Excellent Majesty, and by the Lords and Commons in this present Parliament assembled, and by authority of the same, that the said Earl of Strafford, for the heinous crimes and offences aforesaid, stand and be adjudged and attainted of high treason, and shall suffer such pains of death, and incur the forfeitures of his goods and chattels, lands, tenements and hereditaments of any estate of freehold or inheritance in the said kingdoms of England and Ireland, which the said Earl or any other to his use, or in trust for him, have or had, the day of the first sitting of this Parliament, or at any time since.

1

Provided that no judge or judges, justice or justices whatsoever, shall adjudge or interpret any act or thing to be treason, nor hear or determine any treason nor in any other

1 Note by Rushworth: "This proviso hath occasioned the common discourse and opinion that this judgment against the Earl was enacted never to be drawn into precedent in Parliament, whereas it expressly respects only judges in inferior courts.'