Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, videlicet, 27 die Februarii.
L. Audley's Cause.
Ordered, That the Lord Awdley's Counsel be heard on Monday Morning next, touching the Writ of Error.
Records concerning Shipmoney vacated.
According to an Order made Yesterday by this House, the Ship-Writs, and the Warrants for issuing them forth, the extrajudicial Opinion of the Judges therein both first and last, the Judgement given in Mr. Hampden's Case, and the Proceedings thereupon in the Exchequer-chamber concerning Ship-money, and likewise all the extrajudicial Opinions inrolled in the Chancery, King's Bench, Common Pleas, and Star-chamber, were all brought into this House, by the Master of the Rolls, the Two Lord Chief Justices, Lord Chief Baron, and the Chief Clerk of the Star-chamber; and having made Three Obeisances before they came to the Bar, and Three more within the Bar, the Records were laid down on the Lord Keeper's Wool-sack, and afterwards delivered (fn. 1) to the Clerk of the Parliaments, who brought them to his Table; and then the House did Order, and Agree, That a Vacat should (fn. 2) be entered, in open Court, upon the said Judgement, Warrants, and Inrollment, for Ship-money, according to a Form directed by the House, which was read in the House, as followeth:
This to be entered upon the Judgement.
Memorandum, quod 27 die Februarii 1640, Anno Regni Domini Regis Angliæ 16° Caroli,
Vacatur istud Recordum, et Judicium inde habitum, per Considerationem et Judicium Dominorum Spiritualium et Temporalium, in Curia Parliamenti, et Irrotulamentum ejusdem cancellatur.
Memorandum, quod 27 die Feb. 1640, Annoque Regni Domini Nostri Regis Caroli Angliæ 16°,
"Istud Irrotulamentum, et omnia et singula in eodem Contenta et Expressa, vacantur per Judicium Dominorum Spiritualium et Temporalium in Curia Parliamenti."
And that all the Rolls be razed cross with a Pen, and subscribed with the Clerk of the Parliaments Hand; all which was done accordingly, in open Court, Presently.
After this, it was resolved, upon the Question, nemine contradicente,
All the Proceedings with regard to Shipmoney, adjudged to be against Magna Charta.
That the Resolutions of the Judges touching the Shipmoney, and the Judgement given against Mr. Hampden in the Exchequer, and all the Proceedings thereupon, are against the Great Charter, and therefore void in Law.
Proceedings against Mr. Hampden to be vacated.
Resolved, upon the Question, nemine contradicente, That Vacats and Cancellations shall be made of the Resolutions of the Judges, touching the Shipping-monies, and of the Inrollments thereof in the several Courts, and of the Warrants for Ship-Writs and Proceedings therein, and of the Judgements given against Mr. Hampden and Proceedings thereupon; and that Entries be made of those Vacats upon the several Rolls, according to the Form read in the House.
These Resolutions to be published at the Assizes.
Ordered, That these Resolutions be added to the former Judgement of this House, concerning Shippingmoney, which the Judges are to publish at the Assizes in their several Counties; and to be entered and inrolled in the several Counties, by the Clerks of Assizes.
Cheshire Petition read.
After this, the Petition of the Nobility, Knights, Gentry, Ministers, Freeholders, and Inhabitants, of the County Palatine of Chester, was read.
Dominus Capitalis (fn. 3) Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 1m diem Martii, 1640, hora nona, Dominis sic decernentibus.