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B02958 Anno regni Caroli Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, decimo septimo. At the Parliament begun at Westminster the third day of November, Anno Dom. 1640. In the 16. yeer of the reign of our most gracious soveraign Lord, Charles, by the grace of God, of England, Scotland, France, and Ireland King, Defender of the Faith, &c. England and Wales. Parliament. 1641 (1641) Wing E1121C; ESTC R175041 4,724 11

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Horse unlesse where it shall appear that there hath been expresse agreement for another rate And for the Officers both of Horse and Foot such rates as shall be set down by the Lord Generall 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 severall Inhabitants of the severall 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 vertue of this Act for such severall 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 vertue 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 severall 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 unlawfull and void the late proceedings touching Ship-money and for the vacating of all Records and Processe 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 Majesties 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 Processe 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 especiall in Easter Term in the thirteenth yeer of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriffe of Buckingham-shire against John Hampden Esquire to appear and shew cause why he should not be charged with a certain sum so assessed upon him upon whose appearance and demurrer to the proceedings therein the Barons of the Exchequer adjourned the same case into the Exchequer-chamber where it was solemnly argued divers dayes and at length it was there agreed by the greater part of all the Iustices of the Courts of Kings 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 Iustices and Barons which so agreed being that when the good and safety of the Kingdom in generall 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 safegard of the Kingdom from such danger and perill and that by Law the King might compell the doing thereof in case of refusall or refractarinesse and that the King is the sole Iudge both of the danger and when and how the same is to be prevented and avoided according to which grounds and reasons all the Iustices of the said Courts of Kings Bench and Common Pleas and the said Barons of the Exchequer having been formerly consulted with by His Majesties command had set their hands to an extrajudiciall opinion expressed to the same purpose which opinion with their names thereunto was also by His Majesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber and according to the said agreement of the said Iustices and Barons Iudgement 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 Proces depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kinde of charge grounded upon the said Writs commonly called Shipwrits all which Writs and proceedings 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 Authoritie 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 extrajudiciall opinion of the said Iustices and Barons and the said Writs and every of them and the said agreement or opinion of the greater part of the said Iustices and Barons and the said Iudgement given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of propertie the libertie of the Subjects former resolutions in Parliament and the Petition of right made in the third yeer of the Reign of His Majestie that now is And it is further declared and Enacted by the Authoritie 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 Iudgement Inrolments Entry and proceedings as aforesaid and all and every the proceedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship writs and all and every the Dependents 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 Iudgement Inrolments Entryes Proceedings and Dependents of what kinde soever shall be vacated and cancelled in such manner and form as Records use to be that are vacated
HONI SOIT QVI MAL Y PENSE 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. yeer of the Reign of our most gracious Soveraign Lord CHARLE● by the grace of God of England Scotland France and Ireland King Defender of the Faith c. LONDON ●rinted by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes 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 Countie of York and the other adjoyning Counties wherein His Majesties Armie is or hath been Billetted for the Billet of the Souldiers 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 severall Counties of York Lincolne Nottingham and other adjoyning Counties in the severall places where His Majesties Armie is and hath been Quartered and Billetted for His Majesties Service have at their great charges and to their much impoverishment kept and maintained the said Armie for certain Moneths by past without any payment or satisfaction for the same And whereas they the said Inhabitants of the said severall Counties have been desired and are contented to forbear the Moneys due and to be due to them respectively for the said Billet untill the Moneth 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 Armie 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 untill 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 severall accounts between the said Inhabitants and the Souldiers for the certaintie of the said Billet Money May it please Your most Excellent Majestie that it may be Enacted And be it enacted by Your most Excellent Majestie 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 Armie 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 truely paid and discharged to the severall persons to whom the same are or shall be due respectively out of the Moneys which shall be raised by vertue of an Act made in this present Session of Parliament intituled An Act for the speedie provision of Money for the disbanding the Armies and setling 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 wayes 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 vertue thereof payable at the Chamber in the Citie 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 truely 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 severall Inhabitants of the West-Riding of the said Countie of Yorke 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 severall 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 Souldiers 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 severall 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 severall Inhabitants of the Town and County of Kingston upon Hull respectively for the Billet of the said souldiers 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 severall 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 Willoughbie 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 severall Inhabitants of the said County of Lincoln respectively for the said Billet-Money And to the hands of John Nevile An●hony Ayre 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 severall 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 Souldier as shall appear due by a Certificate to be taken upon the Disbanding unlesse where it shall appear that there hath been some expresse agreement for an otherrate and for the Horsmen after the rate of seven shillings and six pence by the week for every common Souldier and his