The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface to the Second Edition
• Introduction
• I.: To the Meeting of the Third Parliament of Charles I. [—— 1628.]
• II.: From the Meeting of the Third Parliament of Charles I to the Meeting of the Long Parliament. [1628-1640.]
• III.: From the Meeting of the Long Parliament to the Outbreak of the Civil War. [1640-1642.]
• IV.: From the Outbreak of the Civil War to the Execution of the King. [1642-1649.]
• V.: The Commonwealth and Protectorate. [1649—1660.]
• Part I: From the Accession of Charles I to the Meeting of the Third Parliament of His Reign.
• 1.: Speech of Sir Nathaniel Rich, Proposing Terms On Which the House of Commons May Be Prepared to Grant Supply.
• 2.: Protestation of the Commons.
• 3.: Documents Relating to the Impeachment of the Duke of Buckingham.
• 4.: The Restraint of the Earls of Arundel and Bristol.
• 5.: The King’s Letter and Instructions For the Collection of a Free Gift.
• 6.: Commission For Raising Tonnage and Poundage With Impositions.
• 7.: The Commission and Instructions For Raising the Forced Loan In Middlesex.
• 8.: The Case of the Five Knights, Before the Court of King’s Bench.
• Part II: From the Meeting of the Third Parliament of Charles I. To the Meeting of the Long Parliament.
• 9.: Notes of a Bill Brought In By Sir Edward Coke to Secure the Liberties of the Subject.
• 10.: The Petition of Right.
• 11.: The Remonstrance Against Tonnage and Poundage.
• 12.: The King’s Speech At the Prorogation of Parliament At the End of the Session of 1628.
• 13.: The King’s Declaration Prefixed to the Articles of Religion.
• 14.: Resolutions On Religion Drawn By a Sub-committee of the House of Commons.
• 15.: Protestation of the House of Commons.
• 16.: The King’s Declaration Showing the Causes of the Late Dissolution.
• 17.: The Declaration of Sports 1 .
• 18.: Act of the Privy Council On the Position of the Communion Table At St. Gregory’s.
• 19.: Specimen of the First Writ of Ship-money.
• 20.: The King’s Case Laid Before the Judges, With Their Answer 2 .
• 21.: Extracts From the Speech of Oliver St. John In the Ship-money Case.
• 22.: Extracts From the Argument of Sir Robert Berkeley, Justice of the King’s Bench.
• 23.: The Scottish National Covenant.
• 24.: Petition of Twelve Peers For the Summoning of a New Parliament.
• 25.: The King’s Writ Summoning the Great Council.
• Part III: From the Meeting of the Long Parliament to the Outbreak of the Civil War.
• 26.: The Root and Branch Petition.
• 27.: The Triennial Act.
• 28.: The Protestation.
• 29.: The Act For the Attainder of the Earl of Strafford.
• 30.: The Act Against Dissolving the Long Parliament Without Its Own Consent.
• 31.: The Tonnage and Poundage Act.
• 32.: The Ten Propositions.
• 33.: Bill On Church Reform Bead Twice In the House of Lords 1 .
• 34.: The Act For the Abolition of the Court of Star Chamber.
• 35.: The Act For the Abolition of the Court of High Commission.
• 36.: Act Declaring the Illegality of Ship-money.
• 37.: Act For the Limitation of Forests.
• 38.: Act Prohibiting the Exaction of Knighthood Fines.
• 39.: Resolutions of the House of Commons On Ecclesiastical Innovations.
• 40.: Order of the House of Lords On the Services of the Church.
• 41.: Extract From the Instructions to the Committee In Scotland, Proposed By the House of Commons.
• 42.: The King’s Speech to the Recorder of the City of London.
• 43.: The Grand Remonstrance, With the Petition Accompanying It.
• 44.: The King’s Proclamation On Religion.
• 45.: The King’s Answer to the Petition Accompanying the Grand Remonstrance.
• 46.: The Impeachment of One Member of the House of Lords, and of Five Members of the House of Commons.
• 47.: A Declaration of the House of Commons Touching a Late Breach of Their Privileges.
• 48.: The Clerical Disabilities Act.
• 49.: The Impressment Act.
• 50.: The Militia Ordinance.
• 51.: The Declaration of the Houses On Church Reform.
• 52.: The King’s Proclamation Condemning the Militia Ordinance.
• 53.: The Nineteen Propositions Sent By the Two Houses of Parliament to the King At York.
• 54.: Declaration of the Houses In Defence of the Militia Ordinance.
• 55.: The King’s Letter Sent With the Commissions of Array to Leicestershire.
• 56.: The Votes of the Houses For Raising an Army.
• Part IV: From the Outbreak of the Civil War to the Execution of the King.
• 57.: The Propositions Presented to the King At the Treaty of Oxford.
• 58.: The Solemn League and Covenant.
• 60.: The Ordinance Appointing the Second Committee of Both Kingdoms.
• 61.: The Propositions of the Houses Presented to the King At Oxford, and Subsequently Discussed At the Treaty of Uxbridge.
• 62.: The King’s Propositions to Be Discussed At Uxbridge.
• 63.: The Self-denying Ordinance.
• 64.: The Negative Oath.
• 65.: Order of the Two Houses For Taking Away the Court of Wards.
• 66.: The Propositions of the Houses Sent to the King At Newcastle.
• 67.: The King’s First Answer to the Propositions Presented At Newcastle.
• 68.: The King’s Second Answer to the Propositions Presented At Newcastle.
• 69.: Suggested Answer to the Propositions Drawn Up For the King By the Leading Presbyterians and a Small Number of the Independents, and Forwarded By the French Ambassador to Cardinal Mazarin to Be Laid Before Queen Henrietta Maria.
• 70.: The King’s Third Answer to the Propositions Presented At Newcastle.
• 71.: The Heads of the Proposals Offered By the Army.
• 72.: The King’s Answer to the Propositions of Parliament.
• 73.: Letter of Charles I to the Speaker of the House of Lords.
• 74.: The Agreement of the People, As Presented to the Council of the Army.
• 75.: The Four Bills, With the Propositions Accompanying Them.
• 76.: The Engagement Between the King and the Scots.
• 77.: Additional Articles of the Engagement.
• 78.: The King’s Reply to the Four Bills and the Accompanying Propositions.
• 79.: The Vote of No Addresses.
• 80.: The Act 1 Erecting a High Court of Justice For the King’s Trial.
• 81.: The Agreement of the People.
• 82.: The Charge Against the King.
• 83.: The King’s Reasons For Declining the Jurisdiction of the High Court of Justice.
• 84.: The Sentence of the High Court of Justice Upon the King.
• 85.: The Death Warrant of Charles I.
• Part V: The Commonwealth and Protectorate
• 86.: Act Appointing a Council of State.
• 87.: Engagement Taken By the Members of the Council of State.
• 88.: The Act Abolishing the Office of King.
• 89.: An Act Abolishing the House of Lords.
• 90.: An Act Declaring England to Be a Commonwealth.
• 91.: An Act Declaring What Offences Shall Be Adjudged Treason.
• 92.: Engagement to Be Taken By All Men of the Age of Eighteen.
• 93.: Act Repealing Several Clauses In Statutes Imposing Penalties For Not Coming to Church.
• 94.: Act For the Settlement of Ireland.
• 95.: Declaration By the Lord General and the Council On the Dissolution of the Long Parliament.
• 96.: Summons to a Member of the So-called Barebones Parliament.
• 97.: The Instrument of Government.
• 98.: An Ordinance By the Protector For the Union of England and Scotland.
• 99.: An Ordinance By the Protector For Elections In Scotland.
• 100.: An Ordinance By the Protector For Elections In Ireland.
• 101.: The Constitutional Bill of the First Parliament of the Protectorate.
• 102.: The Humble Petition and Advice.
• 103.: The Additional Petition and Advice.
• 104.: The Writ Summoning Richard Cromwell to the House of Lords of the Protectorate.
• 105.: The Declaration of Breda.
• Appendix: the Navigation Act.

36.

Act declaring the illegality of Ship-money.

I. Whereas divers writs of late time issued under the Great Seal of England, commonly called Ship-writs, 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 Buckinghamshire 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 proceedings 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 fit 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 refractoriness, 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 Majesty’s 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, judgment 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 Ship-writs; all which writs and proceedings as aforesaid were utterly against the law of the land: be it therefore declared and enacted by the King’s Most Excellent Majesty and the Lords and the 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 judgment 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.

II. 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 judgment, enrolments, 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 judgment, enrolments, 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.