<P_5,54.10>

<heading>

CHAPTER I . (STAT-1640-E2-P2,5,54.10.3)

An Act for the p~venting of inconveniencies happening by the long
intermission of Parliaments . (STAT-1640-E2-P2,5,54.10.4)

</heading>

Whereas by the Lawes and Statutes of this Realme the Parliament ought
to bee holden att least once every yeare for the redresse of greivances
but the appointment of the time and place for the holding thereof hath
alwaies belonged as it ought to his Majestie and his Royall Progenitors
. And whereas it is by experience found that the not holding of
Parliaments accordingly hath produced sundry and great mischeife and
inconveniences to the Kings Majestie the Church and Comon Wealth For
the P~vention of the like mischeifs and inconveniences in time to come
. Bee it enacted by the Kings most excellent Majestie with the consent
of the Lords Spirituall and Temporall and the Co~mons in this p~sent
Parliament assembled that the said Lawes and Statutes bee from
henceforth duly kept and observed (STAT-1640-E2-P2,5,54.10.6)

and your Majesties loyall and obedient subjects in this p~sent
Parliament now assembled doe humbly pray that it bee enacted And be it
enacted accordingly by the authority of this p~sent Parliament That in
case there be not a Parliament summoned by Writ under the Great Seale
of England and assembled and held
{COM:following_text_annexed_to_original} before the tenth day of
September which shall bee in the third yeare next after the last day of
the last meeting and sitting in this p~sent Parliament the begining of
the first yeare to be accompted from the said last day of the last
meeting and sitting in Parliament and soe from time to time and in all
times hereafter if there shall not bee a Parliament assembled and held
before the tenth day of September which shall be in the third yeare
next after the day of the last meeting and sitting in Parliament before
that time assembled and held the begining of the first yeare to bee
accounted from the said last day of the last meeting and sitting in
Parliament That then in every such case as aforesaid the Parliament
shall assemble and bee held in the usuall place att Westminster in such
manner and by such meanes onely as is hereafter in this p~sent Act
declared and enacted and not otherwise on the second monday which shall
bee in the moneth of November then next ensueing
(STAT-1640-E2-P2,5,54.10.7)

And in case this p~sent Parliament now assembled and held or any other
Parliament which shall att any time hereafter bee assembled and held by
Writ under the Great Seale of England or in case any Parliament shall
bee assembled and held by authority of this p~sent Act and such
Parliam=ts= or any of them shall be prorogued or adjourned or continued
by prorogation or adjournment untill the tenth day of September which
shall be in the third yeare next after the last day of the last meeting
and sitting in Parliament to bee accompted as aforesaid that then in
every such case every such Parliament so prorogued or adjourned or soe
continued by prorogation or adjournment as aforesaid shall from the
said tenth day of September be thenceforth cleerely and absolutely
dissolved and the Lord Chancellor of England the Lord Keeper of the
Great Seale of England and every Commissioner and Commissioners for the
keeping of the Great Seale of England for the time being shall within
six dayes after the said tenth day of September in every such third
yeare as aforesaid in due forme of Law and without any further Warrant
or direcco~n from His Majestie his Heires or Successors Seale issue
forth and send abroad severall and respective Writs to the severall and
respective Peeres of this Realme commanding every such Peer that hee
personally bee att the Parliament to be held att Westminster on the
second monday which shall be in November next <P_5,55> following the
said tenth day of September then and there to treate concerning the
high and urgent Affairs concerning his Majestie the state and defence
of the Kingdome and church of England and shall alsoe seale issue forth
and send abroad severall and respective Writs to the severall and
respective Sheriffs of the severall and respective Counties Cities and
Boroughs of England and Wales and to the Constable of the Castle of
Dover Lord Warden of the Cinque Ports or his Lieutennant for the time
being and to the Maior and Bailiffs of Barwick upon Tweed and to all
and every other Officers and Persons to whom Writs have used to be
directed for the electing of the Knights Citizens Barons and Burgesses
of and for the said Counties Cities Cinque Ports and Boroughs of
England and Wales respectively in the accustomed forme to appeare and
serve in Parliament to be held at Westminster on the said second Monday
which shall be in November aforesaid which said Peers after the said
Writs received and which said Knights Citizens Barons and Burgesses
chosen by vertue of the said Writs shall then and there appeare and
serve in Parliament accordingly (STAT-1640-E2-P2,5,55.8)

And the said Lord Chancellour Lord Keeper Commissioner and
Commissioners aforesaid shall respectively take a solemn Oath upon the
Holy Evangelist for the due issuing of Writs according to the tenour of
this Act viz. in hec verba . (STAT-1640-E2-P2,5,55.9)

You shall sweare that you shall truly and faithfully issue forth and
send abroad all Writs of Summons to Parliament for both Houses att such
time and in such manner as is expressed and enjoyned by an Act of
Parliament intituled An Act for the p~venting of Inconveniencies
happening by the long intermission of Parliaments . Which Oath is
forthwith to be taken by the p~sent Lord Keeper and to be administred
by the Clerke of the Crowne to every Lord Chancellour Lord Keeper
Commissioner and Co~missioners aforesaid (STAT-1640-E2-P2,5,55.10)

and that none of the said Officers respectively shall henceforth
execute any the said Offices before they have taken the said Oath
(STAT-1640-E2-P2,5,55.11)

And if the said Lord Chancellour Lord Keeper or any the said
Commissioners shall fail or forbeare soe to issue out the said Writs
according to the true meaning of this Act then he or they respectively
shall beside the incurring of the grievous Sin of perjury be disabled
and become by vertue of this Act incapable ipso facto to beare his and
theire said Offices respectively and bee further lyable to such
punishments as shall be inflicted on him or them by the next or any
other ensuing Parliament (STAT-1640-E2-P2,5,55.12)

And in case the said Lord Chancellour Lord Keeper Commissioner or
Commissioners aforesaid shall not issue forth the said Writs as
aforesaid or in case that the Parliament doe not assemble and bee held
att the time and place before appointed Then the Parliament shall
assemble and bee held in the usuall place att Westminster in such
manner and by such meanes onely as is hereafter in this p~sent Act
declared and enacted and not otherwise on the third monday which shall
bee in the moneth of January then next ensuing
(STAT-1640-E2-P2,5,55.13)

And the Peers of this Realm shall by vertue of this Act bee enabled and
are enjoyned to meet in the Old Palace of Westminster in the usuall
place there on the third monday in the said moneth of November
(STAT-1640-E2-P2,5,55.14)

and they or any twelve or more of them then and there assembled shall
on or before the last monday of November next following the tenth day
of September aforesaid by vertue of this Act without other Warrant
issue out Writts in the usuall forme in the name of the Kings Majestie
his Heires or Successors attested under the Hands and Seales of twelve
or more of the said Peers to the severall and respective Sheriffes of
the severall and respective Counties Cities and Boroughs of England and
Wales and to the Constable of the Castle of Dover Lord Warden of the
Cinque Ports or his Lieutennant for the time being and to the Maior and
Bayliffs of Berwicke upon Tweed and to all and every other the said
Officers and Persons to whom Writs have beene used to bee directed for
the electing of the Knights Citizens Barons and Burgesses of and for
the said Counties Cities Cinque Ports and Boroughs to bee and appeare
att the Parliament att Westminster aforesaid to be held on the third
monday in January then next following All and every which Writts the
Clerks of the Pettibag and other Clerks to whom the writing of the
Writs for Summons to the Parliament doth and shall belong or whom the
said Lords or twelve or more of them shall appoint shall att the
command of the said Lords soe assembled or of any twelve or more of
them make and prepare ready for the signature of the said Lords or any
twelve or more of them under paine of the losse of theire places and
offices and of such other punishments as in the next or any other
ensuing Parliament shall be inflicted on him or them
(STAT-1640-E2-P2,5,55.15)

And it is enacted that the said Writs soe issued shall be of the same
power and force to all intents and purposes as the Writs or Summons to
Parliament under the Great Seale of England have ever beene or ought to
bee (STAT-1640-E2-P2,5,55.16)

And all the Messengers of the Chamber or others whoe shall be appointed
by the said Lords or any twelve or more of them are hereby required
faithfully and speedyly to deliver the said Writs to every person and
persons Sheriffe Officers and others to whom the same shall be directed
which if the said Messengers or any of them shall faile to performe
they shall forfeit theire respective places and incurre such other
pains and punishments as by that or any other ensuing Parliament shall
be imposed on them . (STAT-1640-E2-P2,5,55.17)

And it is alsoe further enacted that all and every the Peers of this
Realme shall make theire appearance and shall assemble on the said
third monday in January in such manner and to such effect and with such
power as if they had received every of them Writs of Summons to
Parliament under the Great Seale of England in the usuall and
accustomed manner (STAT-1640-E2-P2,5,55.18)

And in case the said Lords or twelve or more of them shall faile to
issue forth such Writs or that the said Writs doe not come to the said
severall Counties Cities Cinque Ports and Boroughs soe that an election
bee not thereupon made And in case there be not a Parliament assembled
and held {COM:end_of_inserted_text} before the three and twentieth day
of the said moneth of January and soe from time to time and in all
times hereafter if there shall not be a Parliament assembled and held
before the said three and twentieth day of January then in every such
case as aforesaid the Parliament shall assemble and be held in the
usuall Place att Westminster in such manner and by such meanes onely as
is hereafter in this p~sent Act declared and enacted and not otherwise
on the second Tuesday which shall bee in the moneth of March next after
the said three and twentieth day of January Att which Parliament the
Peers of this Realme shall make theire appearance and shall assemble
att the time and place aforesaid and shall each of them be liable unto
such paines and censures for his and theire not appearing and serving
then and there in Parliament as if hee or they had beene summoned by
Writ under the Great Seale of England and had not appeared and served
and to such further paines and censures as by the rest of the Peers in
Parliament assembled they shall be adjudged unto .
(STAT-1640-E2-P2,5,55.19)

<P_5,56>

And for the better assembling of the Knights Citizens Barons and Burges
to the said Parliament as aforesaid It is further enacted that the
severall and respective Sheriffs of theire severall and respective
Counties Cities and Boroughs of England and Wales and the Chancellor
Masters and Schollers of both and every of the Universities and the
Maior and Bailiffs of the Borough of Barwick upon Tweed shall att the
severall Courts and Places to be held and appointed for theire
respective Counties Universities Cities and Boroughs next after the
said three and twentieth day of January cause such Knight and Knights
Citizen and Citizens Burgesse and Burgesses of theire said Counties
Universities Cities and Buroughs respectively to be chosen by such
persons and in such manner as if severall and respective Writs of
Summons to Parliament under the Great Seale of England had issued and
been awarded (STAT-1640-E2-P2,5,56.21)

And in case any of the severall Sheriffs or the Chancellour Masters and
Schollers of either of the Universities or the Maior and Bailiffs of
Barwick respectively doe not before ten of the clocke in the forenoone
of the same day wherein the severall and respective Courts and Places
shall bee held or appointed for theire severall and respective Counties
Universities Cities and Boroughs as aforesaid begin and proceed on
according to the meaning of this Law in causing Elections to be made of
such Knight and Knights Citizen and Citizens Burgesse and Burgesses of
theire said Counties Universities Cities and Boroughs as aforesaid then
the Free holders of each County and the Masters and Schollers of every
of the Universities and the Citizens and others having voices in such
Election respectively in each University City and Borough that shall be
assembled att the said Courts or Places to be held or appointed as
aforesaid shall forthwith without further Warrant or direction proceed
to the Election of such Knight or Knights Citizen or Citizens Burgesse
or Burgesses aforesaid in such manner as it is usuall in case of Writs
of Summons issued and awarded . (STAT-1640-E2-P2,5,56.22)

And it is further enacted that the severall and respective Sheriffs of
theire several and respective Counties and the Constables of the Castle
of Dover and Lord Warden of the Cinque Ports or his Leiutenant
{COM:sic} for the time being respectively shall after the said three
and twentieth day of January and before the eighth day of February then
immediately next ensuing award and send forth theire Precepts to the
severall and respective Cities and Boroughs within theire severall
Counties and likewise unto the said Cinque Ports respectively comanding
them respectively to make choice of such Citizen and Citizens Barons
$Burge and Burgesses to serve in the said Parliament att the time and
place aforesaid Which said Cities Cinque Ports and Boroughs
respectively shall before the last day of the said Moneth of February
make election of such Citizen and Citizens Barons Burgesse and
Burgesses as if Writs for summoning of a Parliament under the Great
Seale of England had issued and beene awarded (STAT-1640-E2-P2,5,56.23)

And in case no such p~cept shall come unto the said Cities Cinque Ports
and Boroughs respectively by the time herein limited or in case any
precept shall come and no election be made thereupon before the said
last day of February That then the severall Citizens Burgesses and
other Persons that ought to elect and send Citizens Barons and
Burgesses to the Parliament shall on the first Tuesday in March then
next ensueing the said last day of February make choice of such Citizen
and Citizens Barons $Burge and Burgesses as if a Writ of Summons under
the Great Seale of England had issued and beene awarded and precepts
thereupon issued to such Cities Cinque Ports and Boroughs which Knights
Citizens Barons and Burgesses so chosen shall appeare and serve in
Parliament att the time and place aforesaid and shall each of them be
liable unto such paines and censures for his and theire not appearing
and serving then and theire in Parliament as if hee or they had beene
elected and chosen by vertue of a Writ under the Great Seale of England
and shall be likewise subject unto such further paines and censures as
by the rest of the Knights Citizens and Burgesses assembled in the
Common House of Parliament hee or they shall be adjudged unto
(STAT-1640-E2-P2,5,56.24)

And the Sheriffs and other Officers and persons to whom it appertaineth
shall make returnes and accept and receive the returnes of such
Elections in like manner as if Writs of Summons had issued and beene
executed as hath beene used and accustomed (STAT-1640-E2-P2,5,56.25)

and in default of the Sheriffs and other Officers respectively in not
accepting or makeing returne of such Elections it shall and may be
lawfull to and for the severall Freeholders and other persons that have
elected to make returns of the Knights Citizens Barons and Burgesses by
them elected which shall bee as good and effectuall to all intents and
Purposes as if the Sheriffe or other Officers had received a Writ of
Summons for a Parliament and had made such returnes
(STAT-1640-E2-P2,5,56.26)

And that such Elections Precepts and returnes shall bee had and made
att such times by such persons and in such manner as before in this Act
is expressed and declared according to the true intent and meaning of
this Law Any Writ Proclamation Edict Act Restraint Inhibition Order or
Warrant to the contrary in any wise notwithstanding
(STAT-1640-E2-P2,5,56.27)

And in case any person or persons shall be soe hardy to advise frame
contrive serve or put in execution any such Writs Proclamation Edict
Act Restraint Inhibition Order or Warrant thereupon then hee or they
soe offending shall incur and sustain the paines penalties and
forfeitures limited ordained and provided in and by the Statute of
Provision and Premunire made in the sixteenth yeare of King Richard the
Second (STAT-1640-E2-P2,5,56.28)

and shall from thenceforth bee disabled during his life to sue or
implead any person in any action reall or personall or to make any Gift
Grant Conveyance or other disposition of any his Lands Tenements
Hereditaments Goods or Chattels which hee hath to his owne use either
by Act executed in his life time or by his last Will or otherwise or to
take any Gift Conveyance or Legacie to his owne use or to take any
benefit of any Gift Conveyance or Legacie to his owne use
(STAT-1640-E2-P2,5,56.29)

And if any Sheriffe Constable of the Castle of Dover or Lord Warden of
the Cinque Ports shall not performe his duty enjoyned by this Act then
hee shall lose and forfeit the sum of one thousand pounds
(STAT-1640-E2-P2,5,56.30)

and every County City Cinque Port and Borough that shall not make
Election of theire Knights Citizens Barons and Burgesses respectively
shall incur the Penalties following <paren> that is to say </paren>
every County the su~me of one thousand Pounds and every City which is
noe County twoe hundred pounds and every Cinque Port and Borough the
su~m of one hundred pounds All and every of which severall forfeitures
and all other forfeitures in this Act mentioned shall and may bee
recovered in any of the Kings Courts of Record att Westminster by and
in the name of the Lord Maior of the City of London for the time being
without nameing the christian name or sirname of the said Lord Maior
for the time being by action of debt bill plaint or information wherein
no essoin protection wager of Law aid prayer priviledge injunction or
order of restraint shall bee in any wise prayed granted or allowed nor
any <P_5,57> more then one imparlance (STAT-1640-E2-P2,5,57.31)

And if any person after notice given that the Action depending is
grounded or prosecuted upon or by vertue of this Statute shall cause or
procure any such Action to bee stayed or delayed before Judgement by
colour or meanes of any Order Warrant Power or Authority save onely of
the Court wherein such Action as aforesaid shall be brought or
depending or after Judgment had upon such Action shall cause or procure
the execution of or upon any such Judgment to bee stayed or delayed by
colour or meanes of any order warrant power or authority save onely by
Writ of Errour or Attaint that then the said persons soe offending
shall incurre and sustain all and every paines penalties and
forfeitures limited ordained and provided in and by the said Statute of
Provision and Premunire made in the sixteenth yeare of King Richard the
Second (STAT-1640-E2-P2,5,57.32)

And if any Lord Maior of London shall att any time hereafter commence
or preferre any such Suite Action or Information and shall happen to
die or be removed out of his office before recovery and execution had
that yet no such Action Suit or Information sued commenced or preferred
shall by such displacing or death be abated discontinued or ended but
that it shall and may be lawfull to and for the Lord Maior of the City
of London next succeeding in that office and place to prosecute pursue
and follow all and every such Action Bill Plaint or Information for the
causes aforesaid soe hanging and depending in such manner and forme and
to all intents and purposes as that Lord Maior might have done which
first commenced or preferred the same (STAT-1640-E2-P2,5,57.33)

the fifth part of all and every the forfeitures in this Act mentioned
shall goe and be to and for the use and behoofe of the City of London
and the other four parts and residue to be employed and disposed to and
for such onely uses intents and purposes as by the Knights Citizens and
Burgesses in Parliament assembled shall be declared directed and
appointed (STAT-1640-E2-P2,5,57.34)

Provided that in case the Freeholders of any County and Inhabitants or
other persons having or claiming power to make election of any Knights
Citizens Barons Burgesses shall proceed to making of election of theire
Knights Citizens Barons and Burgesses which election shall afterwards
fall out to bee afterwards adjudged or declared void in Law by the
House of Commons by reason of equality of voices or misdemeanour of any
person whatsoever then the said County City Cinque Port or Borough
shall not incurre the penalties in this Law soe as an election de facto
be made . (STAT-1640-E2-P2,5,57.35)

And it is further enacted that noe Parliament henceforth to bee
assembled shall be dissolved or prorogued within fiftie dayes att the
least after the time appointed for the meeting thereof unlesse it be by
assent of his Majesty his heires or successours and of both Houses in
Parliament assembled And that neither the House of Peers nor the House
of Commons shall be adjourned within fifty dayes att least after the
meeting thereof unlesse it bee by the free consent of every the said
houses respectively . (STAT-1640-E2-P2,5,57.36)

And bee it further enacted and declared by authority of this present
Parliament that the Peers to be assembled att any Parliament by vertue
of this Act shall and may from time to time att any time during such
theire assembly in Parliament choose and declare such person to bee
Speaker for the said Peers as they shall thinke fitt And likewise that
the said Knights Citizens and Burgesses to bee assembled att any
Parliament by vertue of this Act shall and may from time to time at any
time during such theire assembly in Parliament choose and declare one
of themselves to bee Speaker for the said Knights Citizens and
Burgesses of the House of Co~mons assembled in the said Parliament as
they shall thinke fitt which said Speakers and every of them aswell for
the said Peers as for the said House of Commons respectively shall by
vertue of this Act be perfect and compleat Speakers for the said Houses
respectively and shall have as full and large power jurisdiction and
priviledges to all intents and purposes as any Speaker or Speakers of
either of the said houses respectively $heretofore have had or enjoyed
. (STAT-1640-E2-P2,5,57.37)

And it is further enacted and declared that all Parliaments hereafter
to bee assembled by authority of this Act and every member thereof
shall have and enjoy all rights priviledges jurisdictions and
immunities as any Parliament summoned by Writ under the Greate Seale of
England or any member thereof might or ought to have
(STAT-1640-E2-P2,5,57.38)

and all and every the Members that shall be elected and chosen to serve
in any Parliament hereafter to be assembled by authority of this Act as
aforesaid shall assemble and meet in the Co~mons House of Parliament
(STAT-1640-E2-P2,5,57.39)

and shall enter into the same and have voices in such Parliament before
and without the takeing the severall Oathes of Supremacy and Allegiance
or either of them any Lawe or Statute to the contrary thereof in
anywise notwithstanding . (STAT-1640-E2-P2,5,57.40)

Provided alwaies that if the Kings Majesty his heires or successors
shall att any time during any Parliament hereafter to be assembled by
authority of this Act as aforesaid award or direct any Co~mission or
Co~missions unto any person or persons whatsoever thereby giving power
and authority to him or them to take and receive the Oath of Supremacy
and Allegiance of all or any the Members of the Co~mons house of
Parliament and any the Members of that House being duly required
thereunto shall refuse or neglect to take and pronounce the same that
from thenceforth such person soe refuseing or neglecting shall bee
deemed no member of that house nor shall have any voice therein and
shall suffer such paines and penalties as if he had presumed to sit in
the same house without election return or authority .
(STAT-1640-E2-P2,5,57.41)

And it is likewise provided and enacted that this Statute shall be
publikely read yearely att every Generall Sessions of the Peace to be
held next after the Epiphany and every Assizes then next ensuing by the
Clerke of the Peace and Clerke of the Assises for the time being
respectively (STAT-1640-E2-P2,5,57.42)

and if they or either of them shall neglect or fail to doe the same
accordingly then such party soe neglecting or failing shall forfeit the
sum of One hundred Pounds . (STAT-1640-E2-P2,5,57.43)

And it is lastly provided and enacted that His Majesties Royall Assent
to this Bill shall not thereby determine this present Session of
Parliament and that all Statutes and Acts of Parliament which are to
have continuance unto the end of this present Session shall bee of full
force after His Majesties Assent untill this p~sent Session be fully
ended and determined (STAT-1640-E2-P2,5,57.44)

And if this present Session shall determine by dissolution of this
present Parliament then all the Acts and Statutes aforesaid shall be
continued untill the end of the first Session of the next Parliament .
(STAT-1640-E2-P2,5,57.45)

<P_5,116.30>

<heading>

CHAPTER XIV . (STAT-1640-E2-P2,5,116.30.48)

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 . (STAT-1640-E2-P2,5,116.30.49)

</heading>

Whereas diverse Writs of late time issued under the Great Seale of
England commonly called Shipwrits for the charging of the Ports Towns
Cities Boroughs and Counties of this Realme respectively to provide and
furnish certain Ships for his Majesties Service And whereas upon the
Execution of the same Writs and Returnes of Certioraries thereupon made
and the sending the same by Mittimus into the Court of the Exchequer
Processe hath beene thence made against sundry Persons pretended to be
charged by way of Contribution for the making up $of certaine Sums
assessed for the providing of the said Shipps and in especiall in
Easter Terme in the thirteenth yeare 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 appeare and shew cause why he should not be
charged with a certaine su~m 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 Justices 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
Justices and Barons which so agreed being that when the good and safety
of the Kingdome in generall is concerned and the whole Kingdome is in
danger the King might by Writ under the Great Seale of England command
all the Subjects of this his Kingdome at theire charge to provide and
furnish such number of Ships with Men Victuals and Munition and for
such time as the King should thinke fit for the defence and safegard of
the Kingdome 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 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 Kings Bench and Common
Pleas and the said Barons of the Exchequer having beene formerly
consulted with by His Majesties command had set theire hands to an
extrajudiciall opinion expressed to the same purpose which opinion with
theire 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
(STAT-1640-E2-P2,5,116.30.51)

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
(STAT-1640-E2-P2,5,116.30.52)

And whereas some other <P_5,117> Actions and Processe 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 Authority
of the same That the said charge imposed upon the Subject for the
providing and furnishing of Ships commonly called Shipmoney and the
said extrajudiciall 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
libertie of the Subjects former resolutions in Parliament and the
Petition of Right made in the third yeare of the Reign of his Majestie
that now is (STAT-1640-E2-P2,5,117.53)

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 firmely 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
proceedings as aforesaid and all and every the proceedings whatsoever
upon or by pretext or colour of any of the said Writs co~monly called
Shipwrits 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 Judgement
Inrolments Entries Proceedings and Dependents of what kind soever shall
be vacated and cancelled in such manner and form as Records use to be
that are vacated . (STAT-1640-E2-P2,5,117.54)

<P_5,135.23>

<heading>

CHAPTER XXV . (STAT-1640-E2-P2,5,135.23.57)

A Subsidy granted to the King of Tonnage Poundage and other summes of
money payable upon Merchandize exported and imported .
(STAT-1640-E2-P2,5,135.23.58)

</heading>

Whereas An Act was made this present Parliament intituled A Subsidy
granted to the King of Tonnage and Poundage and other su~mes of money
payable upon merchandize exported and imported Whereby it is declared &
enacted that it is and hath beene the ancient right of the Subjects of
this Realme that no Subsidy custome impost or other charges whatsoever
ought or may be laid $or $imposed by Subjects Denizens or Aliens
without co~mon consent in Parliament And the said Co~mons then taking
into theire consideration the great perill that might have ensued by
not guarding of the Seas and other inconveniencies which might have
followed in case the said su~ms of money in the said Act mentioned
should not have beene granted to your Majestie as in and by the said
Act is expressed Did therefore by $the advice of the Lords in this
present Parliament assembled and by the authority of the same give and
grant unto your Majestie our leige Lord and Soveraigne One Subsidie of
Tonnage and one other subsidie of Poundage in such manner and according
to such rates as in the said Act is expressed To have take perceive and
enjoy the Subsidies and other su~mes soe granted by the said Act and
every of them and every part and parcell of them to your Highnes from
the five and twentieth day of May One thousand six hundred forty one
unto the fifteenth Day of July then next ensuing And Whereas the said
Act being determined one other Act of the same title was likewise made
this present Parliament with like declaration of the right of the
Subjects of this your Realme by which second Act your said Co~mons did
by the like advice of the Lords in this present Parliament assembled
and by the authority of the same give and grant to your Majestie One
subsidy of Tonnage and one other subsidy of Poundage in such manner and
according to such rates as in the said last recited Act is specified
and conteyned To have take perceive and enjoye the Subsidies and other
su~ms so granted by the said last recited Act and every of them and
every part and parcell of them to your Highnes from the said fifteenth
day of July One thousand six hundred forty one unto the tenth day of
August then next ensuing And whereas the said Act being determined one
other Act of the same title was likewise made this present Parliament
by which third Act your said Co~mons did by the like advice of the
Lords in this present Parliament assembled and by the authority of the
same give and grant to your Majestie one subsidy of Tonnage and one
other subsidy of Poundage in such manner and according to such Rates as
in the said last recited Act is specified and conteyned To have take
enjoye and perceive the said subsidies and other su~mes soe granted by
the said last recited Act and every of them and every part and parcell
of them to your Highnes from the ninth day of August One thousand six
hundred forty one to the first day of December then next ensuing The
said Co~mons now likewise againe takeing into theire consideracon the
great perill that might ensue to this Realme by the not guarding of the
Seas & the other inconveniencies that might follow in case the said
su~mes of money should upon the suddaine be forborne to be paid By and
with the consent of the Lords in this present Parliament assembled and
by the authority of the same Doe give and grant to you our Supreame
Lord & Soveraigne One subsidy called Tonnage that is to say Of every
Tun of Wine that is or shall come into this Realme or any your
Majesties Dominions by way of Merchandize the su~me of three shillings
and soe after that rate And of every <P_5,136> tonn of sweete Wines as
well malmesey as other that is or shall come into this Realme by any
Merchant Alien three shillings and soe after the rate over and above
the three shillings above mentioned And of every Awme of Rhenish Wine
that is or shall soe come in twelve pence And alsoe one other Subsidy
called Poundage that is to say of all manner of Goods and Merchandize
of every Merchant Denizen and Alien carried or to be carried out of
this Realme or any your Majesties Dominions or to be brought into the
same by way of Merchandize of the value of every twenty shillings of
the same goods and merchandize twelve pence and soe after the rate and
of every twenty shillings value of Tynn and Pewter Vessell carried out
of this Realme by every or any Merchant Alien twelve pence over and
above the twelve pence aforesaid Except and foreprized out of this
$Grant $of subsidy of Poundage all manner of Woollen Cloth made or
wrought or which shall be made or wrought within this Realme of England
and by every or any Merchant Denizen and not born Alien carried or to
be carried out of this Realme And all manner of Woolls Woolfels Hydes
and Backs of Leather that is or shall be carried out of this Realme and
all Wines not before limited to pay subsidy or tonnage And all manner
of fresh fish and bestiall coming or that shall come into this Realme
(STAT-1640-E2-P2,5,136.60)

And further the said Commons by the advice assent & authority aforesaid
Doe give and grant unto our said leige Lord our Soveraigne for the
causes aforesaid One other Subsidy that is to say Of every Merchant
borne Denizen of and for every Sacke of Wooll thirty three shillings
four pence and of and for every two hundred and forty Woolfels thirty
three shillings foure pence and of and for every Last of Hides and
Backs three pounds six shillings eight pence and so after the same rate
for every lesse or greater quantity for any the same merchandize more
or lesse And of every Merchant Stranger not borne Denizen of & for
every Sacke of Wooll three pounds six shillings eight pence and of and
for every two hundred forty Woolfels three pounds six shillings eight
pence and for every Last of Hides and Backs three pounds thirteene
shillings foure pence And so of all the said Wools Woolfels Hydes and
Backs and every of them after the rate (STAT-1640-E2-P2,5,136.61)

And such other su~ms of money as have beene imposed upon any
Merchandize either outward or inward by pretext of any Letters Patents
Commission under the Great Seale of England or Privie Seale since the
first yeare of the reigne of his late Majestie King James of Blessed
memory and which were continued and paid at the begining of this
present Parliament To have take enjoye and perceive the Subsidies
aforesaid and other the aforementioned su~mes and every of them and
every part and parcell of them to you our said leige Lord and
Soveraigne from the last day of November One thousand six hundred forty
one to the first day of February next ensuing
(STAT-1640-E2-P2,5,136.62)

And be it further enacted by the Authority aforesaid that the said
Subsidy of Tonnage Poundage Woole and other su~mes of money shall be
taken and employed dureing the time aforesaid to and for the intents
and purposes and upon and under such provisions clauses and limitations
as are conteyned in one Act made in Parliament held in the first yeare
of the reigne of his said late Majestie King James of Blessed Memory
entituled An Act for the granting of a Subsidy to the King of Tonnage
Poundage Wools &c (STAT-1640-E2-P2,5,136.63)

And it is hereby declared that the su~mes of money hereby granted upon
merchandize are not the rates intended to be continued
(STAT-1640-E2-P2,5,136.64)

but the same to be hereafter in this present Parliament altered in such
manner as shall be thought fit (STAT-1640-E2-P2,5,136.65)

Provided that no penalty or forfeiture conteyned in this present Act or
in the said Act made in the first yeare of King James doe or shall
ensue to any person or persons unlesse they refuse to compound to any
merchandize or goods imported or exported after notice given of this
Act penalty & forfeiture by proclamation where the said goods are or
ought to be entred (STAT-1640-E2-P2,5,136.66)

And it is further enacted that any Customer or Comptroller or any other
Officer or person that after the determinaco~n of this grant shall take
or receive or cause to be taken or received the said subsidy su~mes of
money or any imposition upon merchandize whatsoever exported or
imported except the same by Grant in Parliament be due or by such
graunt shall become due or have beene continually paid from the end of
the reigne of the late King Edward the Third untill the begining of the
Reigne of the late Queene Mary shall incur and sustain the paines
penalties and forfeitures ordeined and provided by the Statute of
Provision and premunire made in the sixteenth yeare of King Richard the
Second and shall alsoe from henceforth be disabled during his life to
sue or impleade any person in any Action reall mixt or personall in any
Court whatsoever . (STAT-1640-E2-P2,5,136.67)

Provided alwaies That this Act shall not extend to any imposition or
charge upon any sort of Tobacco of English Plantaco~ns But that the
said Tobacco shall be charged only with the payment of two pence in the
pound and no more (STAT-1640-E2-P2,5,136.68)

Provided alwaies And it is further enacted that this Act shall not
extend or be construed to charge any person or persons with an
imposition or charge of late yeares imposed upon Woollen Cloath and
Woolen Comodities knowne by the name of the pretermitted customes
(STAT-1640-E2-P2,5,136.69)

Provided alsoe And be it $further enacted by the authority aforesaid
that all Grants and Letters Patents under the Great Seale Privy Seale
or otherwise conteyning the Grants of any Subsidies or Imposts
heretofore made or granted unto any person or person {COM:sic} for or
in respect of the transportation exportation or importaco~n of any
goods or <P_5,137> merchandize pretended to be due or payable to your
Majestie or by any such Grants or Letters Patents covenanted to be
enjoyed or had out of such Subsidies Imposts or Payments as hereafter
should be setled by Parliament or otherwise And all Letters Patents or
other Grants of the Collection of any impositions heretofore set
without consent in Parliament made or granted to any person whatsoever
And also All Penco~ns Assignaco~ns of moneys and all other payments
whatsoever charged or hereafter to be charged on this Subsidy by this
Act other then for the uses before in this Act intended $shall $be
{TEXT:shalbe} from henceforth utterly voide .
(STAT-1640-E2-P2,5,137.70)

Provided that if any Merchant shall export any Goods and merchandize
which have beene formerly imported and the customes and other duties
for the same truly paid that in such case the same allowance $shall $be
{TEXT:shalbe} made unto every such merchant as have been formerly by
vertue of your Highnes Privy Seale . (STAT-1640-E2-P2,5,137.71)