HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ANNO REGNI CAROLI REGIS ANGLIAE, SCOTIAE, FRANCIAE, & HIBERNIAE, DECIMO SEPTIMO. At the Parliament begun at Westminster the third day of November, Anno Dom. 1640. In the 16. year of the Reign of our most gracious Sovereign Lord, CHARLE●, by the grace of God, of England, Scotland, France, and Ireland King, Defender of the Faith, etc. LONDON, ●rinted by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. 1641. Cum Privilegio HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT ❧ ANNO XVII. Caroli Regis. ❧ An Act for the securing of such Moneys as are or shall be due to the Inhabitants of the County of York, and the other adjoining Counties, wherein His Majesty's Army is or hath been Billetted, for the Billet of the Soldiers of the said Army; as also to certain officers of the said Army who do forbear part of their pay, according to an Order in that behalf made in the Commons House of Parliament this present Session, for such part of their pay as they shall so forbear. FOrasmuch as divers of the Inhabitants of the several Counties of York, Lincoln, Nottingham, and other adjoining Counties in the several places where His Majesty's Army is, and hath been Quartered and Billetted for His Majesty's Service, have at their great charges, and to their much impoverishment kept and maintained the said Army for certain Months by past, without any payment or satisfaction for the same: And whereas they the said Inhabitants of the said several Counties have been desired, and are contented to forbear the Moneys due, and to be due to them respectively, for the said Billet, until the Month of November next, (if there be not means to pay and discharge the same in the mean time) And whereas divers of the Officers of the said Army are likewise contented to forbear some part of their Pay, according to an Order in that behalf made in the Commons House of Parliament this present Session, until the time aforesaid. To the end therefore that both the said Inhabitants, and the said Officers may be secured for the true payment of the said Moneys accordingly, and to avoid or decide all differences and controversies which might arise, upon the several accounts between the said Inhabitants and the Soldiers, for the certainty of the said Billet Money: May it please Your most Excellent Majesty, that it may be Enacted; And be it enacted by Your most Excellent Majesty, the Lords and Commons in this present Parliament assembled, and by authority of the same, that all and every the sum or sums of Money which now are, or before the time of payment of the said Billet Money, shall appear to be due, and owing either to the said Inhabitants or any of them, for the Billet of the said Army, or any part thereof, or to any of the said Officers, according to the said Order shall upon the tenth day of November next coming, or sooner, if there be means to do it, be well and truly paid, and discharged to the several persons to whom the same are or shall be due respectively, out of the Moneys which shall be raised by virtue of an Act made in this present Session of Parliament, entitled, An Act for the speedy provision of Money for the disbanding the Armies, and settling the Peace of the two Kingdoms of England and Scotland; by the Treasurers, or persons appointed by that Act for the receipt of the Moneys so to be raised, or by such other ways and means as the House of Commons shall think fit and appoint, in manner and form following; That is to say, That the persons appointed by the said Act for the receipt of such part of the said Moneys, as is by virtue thereof payable at the Chamber in the City of York, shall out of the same, at, or in the said Chamber, upon the said tenth day of November (or sooner, if there be means to do it) well and truly pay unto the hands of Sir William Lister, Sir Gervase Cutler, Sir Arthur Ingram the younger, and Sir John Ramsden, Knights, John Kay, and Peter Jennings, Esquires, or to any two, or more of them, all such Moneys as are or shall be due, as aforesaid, to the several Inhabitants of the West-Riding of the said County of York respectively, for the said Billet Money: To the hands of Sir Marmaduke Wyvell, Knight and Baronet, Sir Richard Darley, Knight, Bryan Stapleton, John Calverley, Henry Anderson, John Dodsworth the younger, James Pennyman, William Calye, and Francis Lassells Esquires, or to any two or more of them, all such Moneys as are or shall be due, as aforesaid, to the several Inhabitants of the North-Riding of the said County of York, and of such places within the County of Durham, where any of His Majesties said Army is, or hath been Quartered or Billetted respectively, for the Billet of the said Soldiers. To the hands of John Legard of Gaunton, Richard Remington, Christopher Appleyard, Francis Munckton, and Edward Paler Esquires, or to any two or more of them, all such Moneys as are or shall be due, as aforesaid, to the several Inhabitants of the East-Riding of the said County of York respectively, for the said Billet-Money. To the hands of Lancelot Roper, James Watkinson, and Nicholas Denman Gentlemen, or to any two of them, all such Moneys as are or shall be due, as aforesaid, to the several Inhabitants of the Town and County of Kingston upon Hull respectively, for the Billet of the said soldiers. To the hands of Sir William Fairfaxe, and Sir Thomas Harrison Knights, John Geldart Merchant, and Robert Knight Grocer, or to any three of them, all such Moneys as are or shall be due, as aforesaid, to the several Inhabitants of the said City of York, and County of the same respectively, for the said Billet-Money. To the hands of Sir William Pelham Knight, Willoughby Hickman, Charles Pelham, and Thomas Sanderson Esquires, or any two or more of them, all such Moneys as are or shall be due, as aforesaid, to the several Inhabitants of the said County of Lincoln respectively for the said Billet-Money. And to the hands of John Nevile, An●hony Air, William Moseley, and William Sanderson Esquires, or to any two or more of them, all such Moneys as are or shall be due, as aforesaid, to the several Inhabitants of the County of Nottingham respectively, for the said Billet-Money. And that the said Moneys so to be paid, and every part thereof, shall be paid according to the Certificate for so much as is already certainly certified, and for the residue after the rate of three shillings by the week for every Common foot Soldier, as shall appear due by a Certificate to be taken upon the Disbanding, unless where it shall appear that there hath been some express agreement for an otherrate; and for the Horsemen after the rate of seven shillings and six pence by the week for every common Soldier and his Horse, unless where it shall appear that there hath been express agreement for another rate: And for the Officers both of Horse and Foot, such rates as shall be set down by the Lord General of the Army, and the Lord Lieutenant of the County of York. And be it further enacted by the Authority aforesaid, that the Acquittances of so many, and such of the said persons above named, for the receipt of the said Moneys due to the said several Inhabitants of the several Counties and places above mentioned, as shall receive the same despectively, as aforesaid, shall be sufficient discharges to, and for the said persons from whom they shall so receive the same by virtue of this Act, for such several sums of Money as they shall so receive respectively. And be it likewise further enacted by the Authority aforesaid, That the persons, who shall by virtue of the said recited Act receive such part of the said Moneys as is thereby payable at or in the Chamberlains Office in Guildhall within the City of London, shall out of the same, at or in the said Chamberlains Office, upon the said tenth day of November (or sooner, if there be means to do it) pay to the hands of Sir William Vuedall Knight, Treasurer of His Majesties said Army, all such Moneys as are or shall be due, as aforesaid, to the several Officers of the said Army, who shall forbear the same according to the Order above mentioned; And that the Acquittances of the said Sir William Vuedall shall be a sufficient discharge for what he shall so receive. ¶ ANNO XVII. Caroli Regis. ❧ An Act for the declaring unlawful and void the late proceed touching Ship-money, and for the vacating of all Records and Process concerning the same. WHereas divers Writs of late time, issued under the great Seal of England, commonly called Shipwrits, for the charging of the Ports, Towns, Cities, Boroughs, and Counties of this Realm respectively, to provide and furnish certain Ships for His Majesty's service: And whereas upon the execution of the same Writs, and Returns of Certioraries thereupon made, and the sending the same by Mittimus into the Court of Exchequer, Process hath been thence made against sundry persons pretended to be charged by way of Contribution, for the making up of certain sums assessed for the providing of the said Ships, and in especial in Easter Term, in the thirteenth year of the Reign of our Sovereign Lord the King that now is, a Writ of Scire facias was awarded out of the Court of Exchequer, to the then Sheriff of Buckingham-shire, against John Hampden Esquire to appear and show cause, why he should not be charged with a certain sum so assessed upon him, upon whose appearance and demurrer to the proceed therein, the Barons of the Exchequer adjourned the same case into the Exchequer-chamber, where it was solemnly argued divers days, and at length it was there agreed by the greater part of all the justices of the Courts of King's Bench, and Common Pleas, and of the Barons of the Exchequer there assembled, that the said John Hampden should be charged with the said sum so as aforesaid assessed on him; The main grounds and reasons of the said justices and Barons which so agreed, 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 Subjects of this his Kingdom, at their charge to provide and furnish such number of Ships with Men, Victuals, and Munition, and for such time as the King should think sit, for the defence and safeguard of the Kingdom, from such danger and peril, and that by Law the King might compel the doing thereof, in case of refusal, or refractariness, and that the King is the sole judge both of the danger, and when, and how the same is to be prevented, and avoided, according to which grounds, and reasons all the justices of the said Courts of King's Bench, and Common Pleas, and the said Barons of the Exchequer having been formerly consulted with by His Majesty's command, had set their hands to an extrajudicial opinion expressed to the same purpose, which opinion with their names thereunto was also by His Majesties command enrolled in the Courts of Chancery, King's Bench, Common Pleas, and Exchequer, and likewise entered among the Remembrances of the Court of Star-Chamber, and according to the said agreement of the said justices, and Barons, judgement was given by the Barons of the Exchequer, That the said John Hampden should be charged with the said sum so assessed on him; And whereas some other Actions and Process, depend, and have depended in the said Court of Exchequer, and in some other Courts against other persons, for the like kind of charge, grounded upon the said Writs, commonly called Shipwrits, all which Writs, and proceed as aforesaid, were utterly against the Law of the Land: Be it therefore declared and Enacted by the Kings most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That the said charge imposed upon the Subject, for the providing and furnishing of Ships, commonly called Ship-money, and the said extrajudicial opinion of the said justices and Barons, and the said Writs, and every of them, and the said agreement or opinion of the greater part of the said justices and Barons, and the said judgement given against the said John Hampden were, and are contrary to, and against the Laws and Statutes of this Realm, the right of property, the liberty of the Subjects, former resolutions in Parliament, and the Petition of right made in the third year of the Reign of His Majesty that now is. And it is further declared and Enacted by the Authority aforesaid, That all and every the particulars prayed or desired in the said Petition of right, shall from henceforth be put in execution accordingly, and shall be firmly and strictly holden and observed, as in the same Petition they are prayed and expressed, and that all and every the Records and remembrances of all and every the judgement, Inrolments, Entry and proceed, as aforesaid, and all and every the proceed whatsoever, upon, or by pretext or colour of any of the said Writs, commonly called Ship writs, and all and every the Dependants on any of them, shall be Deemed and Adjudged to all intents, constructions, and purposes, to be utterly void and disannulled, and that all and every the said judgement, Inrolments, Entryes, Proceed, and Dependants of what kind soever, shall be vacated and canceled in such manner and form as Records use to be that are vacated.