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A45252 The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred. England and Wales. Court of Exchequer.; Hutton, Richard, Sir, 1561?-1639.; Croke, George, Sir, 1560-1642.; Denham, John, Sir, 1559-1639.; Hampden, John, 1594-1643, defendant.; England and Wales. Parliament.; England and Wales. Sovereign (1625-1649 : Charles I) 1641 (1641) Wing H3842; ESTC R16237 74,278 200

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assessis onerand Ideo consideratum est per eosdem Barones quod praedictus Iohannes Hampden de eisdem viginti solidis oneretur inde satisfaciat In the matter and substance thereof and in that it was conceived that Mr Hampden was any way chargeable is against the Laws of the Realme the right of Property the liberty of the Subjects and contrary to former Resolutions in Parliament and to the Petition of Right These Votes were afterwards transmitted by the House of Commons to the Lords and delivered by Mr St Iohn now his Majesties Solicitor generall at a conference of both Houses of Parliament held 16. Car. 1640. Die Mercur. 20. die Ian. 1640. It was resolved by the Lords upon the question Nemine contradicente THat the Ship-writs the extrajudiciall opinions of the Judges therein both first and last and the Judgement given in Mr Hampdens Case and the proceedings thereupon in the Exchequer Chamber are all illegall and contrary to the Lawes and Statutes of this Realme contrary to the Rights and Proprieties of the Subjects of this Realme contrary to former Judgements in Parliaments and contrary to the Petition of Right Likewise resolved upon the Question Nemine contradicente THat the extrajudiciall opinions inrolled in the Exchequer Chamber and in other Courts concerning Ship-money and all the proceedings thereupon are illegall in part and in whole and contrary to the Laws and Statutes of this Realm contrary to the rights and proprieties of the Subjects of this Realm and contrary to former Judgements in Parliaments and contrary to the Petition of Right Die Veneris 26. die Februarii 1640. VPon the report of the Right Honourable the Lords Committees appointed to consider of the way of vacating of the Judgement in the Exchequer concerning Ship-money It was ordered by the Lords Spirituall and Temporall in the high Court of Parliament assembled That the Lord Keeper or the Master of the Rolls the two Lo Chiefe Justices and the Lo Chiefe Baron and likewise the Chiefe Clerke of the Star-chamber shall bring into the Upper House of Parliament the Record in the Exchequer of the Judgement in Mr Hampdens Case concerning Ship-mony and also the severall Rols in each several Court of K. Bench Common Pleas Exchequer Star-chamber and Chancery wherein the Judges extrajudiciall opinions in the Cases made touching Ship-money be entred and that a Vacat shall be made in the Upper House of Parliament of the said severall Records And likewise the Judgement of Parliament touching the illegality of the said Judgements in the Exchequer and the proceedings thereupon and touching the illegality of the extrajudiciall opinions of the Judges in the said severall Courts concerning Ship-money be annexed and apostiled unto the same And that a Copie of the judgement of the Parliament concerning the illegality of the said Judgement in the Exchequer and the said extrajudiciall opinions of the said Judges concerning Ship-money be delivered to the severall Judges of Assize And that they be required to publish the same at the Assizes in each severall County within their Circuits and to take care that the same be entred and inrolled by the severall Clerks of Assizes And if any entry be made by any Custos Rotulorum or Clerke of Assize of the said Judgement in the Exchequer or of the said extrajudiciall opinions of the Judges that severall Vacats be made thereof per judicium in Parliamento And that an Act of Parliament be prepared against the said Judgement and extrajudiciall opinions and against the proceedings touching Ship-money Memorandum quod vicesimo septimo die Febr. 1640. Annoque regni Regis Dn̄i nostri Caroli Angliae decimo sexto VAcatur istud Recordum et Iudicium inde habitum per considerationē et judicium Dn̄orum Spiritual et Temporal in Curia Parliam et irrotulamentum ejusdem cancelatur Memorand quod vicesimo septimo die Feb. prae● IStud Irrot. et omnia et singula in eodē contenta et expressa vacantur per judicium Dn̄orum Spiritualium et Temporal in Curia Parliam ANd that all the Rolls be rased crosse with a pen and subscribed with the Clerke of the Parliaments hand All which was accordingly done in open Court After this it was resolved upon the Question Nemine contradicente THat the resolutions of the Judges touching the Shipping-money and the Judgment given against Mr Hampden in the Exchequer and all the proceedings thereupon are against the Great Charter and therefore void in Law Resolved upon the Question Nemine contradicente THat Vacats and Cancellations shall be made of the Resolutions of the Judges touching the Shipping-money And of the inrolments thereof in the severall Court● and of the Warrants for Ship-writs and proceedings therein And the Judgement given against Mr Hampden and proceedings thereupon And that entries be made of those Vacats upon the severall Rolls according to the forme read in the House Eodem die ORdered that these resolutions be added to the former Judgements of this House concerning Shipping-money which the Judges are to publish at the Assizes in their severall Counties and to be entred and inrolled in the severall Counties by the Clerk of the Assizes FINIS In Iudge CROOKES Argument correct PAge 3. l. 13. reade valentioribus l. 15. r. pulvere p. 19. l. 13. r. injusto p. 21. l. 17. r. piccage p. 23. l. 16. r. Commissions p. 28. l. 7. r. proveth p. 29. l. 2. r. proveth p. 30. l. 2. r. Dane-guilt p. 35. l. 6. r. 394. a. p. 57. l. 3. r. Carlile ibid. for 35. r. 30. p. 70. l. penult r. seek for such men l. ult. dele for such men p. 74. l. 7. dele and p. 76. l. 14. continue the line p. 101. in marg. for 2. put 3. p. 106. l. 15. r. so for that cause In Iudge HUTTONS Argument Page 14. l. 10 11. reade and can admit no other p. 16. l. 17. r. to be observed p. 17. l. 19. r. humbly pray your Majesty p. 19. l. 10. r. toll Traverse p. 24. l. 20. r. Gasconie l. ult. other Statutes p 35. l. 21. dele to Petitions p. 36. l. 1. dele for l. 16. r. the record in Court p. 37. l. 6. r. The Parliament roll recites l. ult. r. fourth point p. 44. l. 20. r. these illegall p. 46. l. 9. r. per Gent●m p. 47. l. 2. r. of Argiers l. 12. r. with all the other particulars 48. l. 23. r. to lead the uses of those preceding p. 49. l. 24. r. fol. 68. p. 50. l. 22. r. it is very p. 55. l. 9. dele not p. 57. l. 17. r. Burton 28. Aprilis Anno. 14. Car. Regis Annoque Do. 1638. Buck. ss. This Writ is dated 9. Martii An. 12. Car. The Writ of Mittimus beares date the 5. of May● Anno 13. Car. Regis An. 9. H●n 3. Magna Charta cap. 29. See the l●st chapter of Magna Charta cap. 38. Statute of 25. Edw. 1. Stamford fol. 152. 25. E. 1. ca. 5. The