III. juftices. This circumftance is particularly CHAP. mentioned, as doubts were entertained in one thousand seven hundred and eighty- 1640. one-two, when the earl of Carlisle was fucceeded by the duke of Portland, whether there should not be a new feffion in confequence of the change of a lord lieutenant in the middle of a feffion: but though it was said, at that time, that fome able crown lawyers inclined to that opinion, yet the parliament was continued as ufual, and much inconvenience in public business was thereby prevented; as it is a rule of parliament, that though all judicial business remains ftata quo in the house of lords from one feffion to another, yet all bills and legiflative matters die upon a prorogation. The rule of judicial business being transferred, extends to appeals and writs of error, in cafe of a diffolution alfo: but though the lords of England, the 19th of March one thousand fix hundred and fe venty-eight, decided in the case of lord Danby, that writs of error and appeals, as well as impeachments, were transferable, III. 1640. CHAP. and remained ftatu quo from one feffion to another; yet they repealed the latter part of it about impeachments on the 22d of May one thousand fix hundred and eighty-five, and the 30th of October one thousand fix hundred and ninety; and confirmed it ftill farther on the 24th of May one thoufand feven hundred and feventeen: which precedents have been warmly debated in the English parliament, upon a confideration of Mr. Haftings's impeachment. SECTION III. THE parliament was convened on the 16th of March one thousand fix hundred and forty, when the fpeaker, having been prefented and approved by lord Strafford, made a long, fulfome, pedantic speech, ftuffed with fcriptural and claffical quotations but there is one thing that deferves notice in this compofition; namely, the citing of three celebrated records from the rolls III. rolls in the Tower of the eighth of Ed- CHAP. ward the fecond, and the fifth of Edward the third, proving the attendance of Irish 1640. members in the English parliament; and also a charter of the tenth of Edward the third, for holding parliaments every year in Ireland. On the fame day members elected for two places were ordered to make their election. After the house had returned, and the speaker had taken the chair, writs were ordered to be iffued for those vacancies, for fuch as were abroad in England or elfewhere, and alfo for thofe that were mifnamed in the returns. On the next day a bill for the relief of patentees within the furvey of the court of Wards and Liveries was read, in order, as it was said, to invest the speaker, and give him feifin of his place. This prior step was taken upon debate, before that of purging the house, as it was termed, which meant the decifion of contefted elections. CHAP. The sheriff of Louth was ordered to fhew III. caufe why members were not returned for 1640. the borough of Atherdee * ; petitioners against him were ordered to attend in ten days to make good their complaints; and a felect committee of privileges was then named to fit every Wednesday and Friday at two o'clock. On the 23d of March a petition of Mr. Lyndon, against the election of Mr. Davis for Carrickfergus, was referred to the committee of privileges. The fame day it was refolved, nem. con. That four fubfidies fhould be granted by the laity and temporalty of the kingdom as a prefent fupply for his majefty's preffing neceffities, with a declaration, which had a particular reference to the Scotch invafion. The lords at the fame time fent a meffage by two judges, defiring them to appoint a * This town of Atherdee had fent members to parliament in one thousand fix hundred and thirteen, in the reign of James the first. com twenty III. 1649. committee of twelve lords to agree with a CHAP. fimilar committee in penning the faid declaration; which was agreed to, and four members were named to meet the lords' committees in the middle room without the house for that purpose. The bill for the four fubfidies was on the fame day read a first time. On the 26th of March one thousand fix hundred and forty the lords defired that a fmaller committee might be appointed for a joint declaration. This was agreed to; but it appears that the commons would not agree with the lords in framing it, and prefented it to the lord lieutenant separately. This and the preamble to the bill were framed, it appears, by lord Strafford's particular defire. This appeared in the next feffion, when this act was refcinded, or rather counteracted, by a general protestation of the house of commons, foon after the impeachment of that unfortunate noble man. On |