Page:Ruffhead - The Statutes at Large - vol 3.djvu/185

 A. D. 1640. Anno decimofexto Caroli I. C. 13, 14. 137 Cap. XIII. An Aft for the fecuring of fuch Monies as are or fhall be due to the Inhabitants of the County of York, and the other adjoining Counties, wherein his Majefty's Army is or hath been Billetted, for the Billet of the Soldiers of the Taid Army, as alfo to certain Officers of the Army who do forbear Part of their Pay according to an Order in that Behalf made in the Commons Houfe of Parliament this prefent Sef- fion, for fuch Part of their Pay as they fliall fo forbear. EXP. CAP. XIV. An Adl for the declaring unlawful and void the late Proceedings touching Ship-Money, and for the vacating of all Records and Procefs concerning the fame. not be charged with a certain Sum to affeffed upon him ; (3 ) upon whofe Appearance and Demurrer to Scire feciaji ' the Proceedings therein, the Barons of the Exchequer adjourned the fame Cafe into the Exchequer- ifa^mudin Er<i- I * Chamber, where it was folemnly argued divers Days, and at Length it was there agreed by the greater vLgnan 139. ' I •* Part of all the Juftices of the Courts of King's Bench and Common Pleas, and of the Barons of the ' Exchequer, there affembled. That the faid John Hampden (hould be charged with the faid Sum fo as ' aforefaid affeffed on him ; (4) the main Grounds and Reafons of the faid Juftices and Barons which fo ' agree, being, that when the Good and Safety of the Kingdom in general is concerned, and the whole ' Kingdom in Danger, the King might by Writ under the Great Seal of England,, command all the Sub- ■* of, in cafe of Refufal or Refra6torinefs ; (5) and that the King is the fole Judge, both of the Danger a inft. jis. ' fons, all the Juftices of the faid Courts of King's Bench and Common Pleas, and the faid Barons of the ' Exchequer, having been formerly confulted with by his Majefty's Command, had fet their Hands to an ExtnjudicUl ' extrajudicial Opinion, expreffed to the fame Purpofe; which Opinion, with their Names thereunto, Opinion. ' was alfo by his Majefty's Command inrolled in the Courts of Chancery, King's Bench, Common Pleas ' and Exchequer, and likewife entred among the Remembrances of the Court of S tar-Chamber, and ac- ■* and whereas fome other A6lions and Procefs depend, and have depended, in the faid Court of Exche- ' faid Wrils, commonly called Ship-Writs, all which Writs and Proceedings as aforefaid, were utterly II. Be it therefore declared and enacted by the King's moft excellent Majefty, and the Lords and Com- Ship-Mon-y. mens, in this prefent Parliament affembled, and by the Authority of the fame. That the faid Charge im- ti"g^rg^'^"^'|.'^ poled upon the Subjedl, for the providing and furniftiing of Ships, commonly called Ship-Money, and trary wTawr'" the faid extrajudicial Opinion of the faid Juftices and Barons, and the faid Writs, and every of them, and the faid Agreement or Opinion of the greater Part of the faid Juftices and Barons, and the faid Judg- ment given againft the faid John Hampden, were and are contrary to and againft the Laws and Statutes of this Realm, the Right of Property, the Liberty of the Subjedts, former Refolutions in Parliament, and ■the Petition of Right made in the third Year of the Reign of his Majefty that now is. III. And it is ftirther declared and enadted by the Authority aforefaid. That all and every the Particu- ^^.^l"' '• •lars prayed or delired in the faid Petition of Right, (hall from henceforth be put in Execution accordingly, to'^beobrlrved. ' and (hall be (irmly and ftridly holden and obferved, as in the fame Petition they are prayed and exprelted; Ju^gnjentsand (2) and that all and every the Records and Remembrances of all and every the Judgment, Inrolments, ^ ""=|^^'^|l Entry and Proceedings as aforefaid, and all and every the Proceedings whatibever, upon or by Pretext or MDre'y.^srdTii Colour of any of the faid Writs, commonly czWtA Ship-TVrits, and all and every the Dependants on any Entiies'R.co.ds of them, ftiall be deemed and adjudged to all Intents, ConftrudTions and Purpofe-, to be utterly void and Y"* i"ra"'en's difannulled ; and that all and every the faid Judgment, Inrolments, Entries, Proceedings and Dependants void! """^^ of what Kind foever, fliall be vacated and cancelled in fuch Manner and Form as Records ufe to be that ■ar« vacated. Vol. in. T GAP. ^
 * TT/HEREAS divers Writs of late Time iffued under the Great Seal oi England, commonly called Tlie;iatcPro-
 * VV Ship-m-its, for the Charging of the Ports, Towns, Cities, Boroughs and Counties of this Realm I'ng Shfp Mo^l'e'y
 * refpedtively, to provide andfurnifh certain Ships for his Majefty's Service : (z) And vvhereas upon the declared uiiiaw-
 * Execution of the fame Writs and Returns of Certiorates thereupon made, and the fending the fame by f»i,anaa)iRe-
 * Mittimus into the Court of Exchequer, Procefs hath been thence made againft fundry Perfons pretended tti-iconcernmz
 * jeds of this his Kingdom, at their Charge, to provide and furnifh fuch Number of Ships with Men,
 * Victuals and Munition, and for fuch Time as the King (hould think lit, for the Defence and Safeguard
 * of the Kingdom from fuch Danger and Peril, and that by Law the King might compel the doing there-
 * and when and how the fame is to be prevented and avoided ; (6) according to which Grounds and Rea-
 * cording to the faid Agreement of the faid Juftices and Barons, Judgment was given bv the Barons of the Judgment.
 * Exchequer, That the faid "John Hampden ftiould be charged with the faid Sum fo affefled on him; (7)
 * quer, and in fome other Courts againft other Perfons, for the like Kind of Charge, grounded upon the
 * againft the Law of the Land ;'