Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
This free content was digitised by double rekeying. All rights reserved.
Here followeth an Abstract of Acts which passed in the beginning of the Parliament which met Novemb. 3. 1640. in the 16th year of the Reign of King Charles the First.
Be it enacted, first, That in case there be not a Parliament summoned by Writ under the Great Seal of England, and assembled and held before the tenth day of September, which shall be in the third year next after the last day of the last meeting and sitting of this present Parliament; the beginning of the first year to be accounted from the last meeting and sitting: And so from time to time, and at all times hereafter, if there shall not be a Parliament before the tenth day of September, in the third year next after the last day of the last meeting and sitting before that time assembled and held: Then in every such case the Parliament shall be assembled and held in the usual place of Westminster, on the second Monday which shall be in the month of November then next ensuing, &c. See the Act at large in the Statute 16 Car. 1.
- 2. An Act for the Relief of his Majesty's Army, and the Northern parts of the Kingdom. Exp.
- 3. An Act for the reforming of some things mistaken in the late Act made this present Parliament, for the granting of four Subsidies.
- 4. An Act for the further Relief of his Majesty's Army in the Northern parts of the Kingdom. Exp.
- 5. An Act for the better raising and levying of Mariners, Sailers, and others, for the present guarding of the Seas, and necessary defence of the Realm. Exp.
- 6. An Act concerning the Limitation and Abbreviation of Mich. Term.
That the Term of Saint Michael yearly for ever, from and after the Feast of Saint Michael next coming, being in or upon tres septimanas Sancti Michaelis, except it be the Lord's Day, called Sunday, for the keeping of Essoyns, Proffers, Returns, and other Ceremonies. And that the full Term of Saint Michael for ever, from and after the first day of Saint Michael next coming, take Commencement upon quarto die of the said tres septimanas Sancti Michaelis, and not before.
That this present Parliament now assembled shall not be dissolved, unless it be by Act of Parliament to be passed for that purpose; nor shall be at any time or times, during the continuance thereof, prorogued or adjourned, unless it be by Act of Parliament to be passed for that purpose: And the House of Peers at any time or times, during this Parliament, shall not be adjourned, unless it be by themselves or their own Order. And in like manner for the House of Commons. And all and every thing done for the Adjournment, proroguing or dissolving of this present Parliament, contrary to this Act, shall be utterly void.
That it is and hath been the antient Right of the Subjects of this Realm, that no Subsidy, Custom, Import, or other Charge whatsoever, ought or may be laid upon any Merchandise exported or imported, by any Subjects, Denizens, or Aliens, without consent in Parliament.
Nevertheless, the Commons taking into consideration the great Peril that might ensue for not guarding of the Seas, in case the said Sums should upon the sudden be forbidden to be paid; 1. Grant to the King's Majesty a Subsidy called Tonnage, viz. upon every Tun of sweet Wines that is or shall come into this Realm, or any of his Majesty's Dominions, by way of Merchandise. 2. And of every Tun of sweet Wines, as well Malmesey or others. 3. And so likewise other Sums upon other Commodities.
In which Act it is declared, That if any Customer, Comptroler, Officer, or other Persons, that after the determination of this Grant shall take or receive the said Subsidy, Sum of Money, or other Imposition upon Merchandise whatsoever, exported or imported, except by Grant in Parliament it shall be due, shall incur the Forfeitures provided by the Statute of 16 R. 2. of Premuniary.
That the Court commonly called the Star-Chamber, and all Jurisdiction, Power and Authority belonging unto, or exercised in the said Court, by any of the Judges, Officers or Ministers thereof, from the first of August 1641. be absolutely dissolved and taken away and determined. And all and every Act and Acts of Parliament, and every Article, Clause and Sentence in them, and every of them, by which any Jurisdiction, Power or Authority is given unto the said Court, or unto all, or any the Judges, Officers or Ministers thereof, or for any Proceedings to be had in the said Court, or for any matter or thing therein to be drawn in question, examined and determined, shall for so much as concerneth the said Court, be from the first of August 1641. repealed and absolutely revoked and made void.
2. That the like Jurisdiction exercised in the Court before the President and Council of Wales, before the President and Council of the Northern Parts, in the Court called the Court of the Dutchy of Lancaster, held before the Chancellor and Council of the Court, in the Court of Exchequer of the County Palatine of Chester, before the Chamberlain and Council of the Court, shall from the first of August 1641. be also repealed and absolutely revoked and made void.
3. That neither his Majesty, nor his Privy-Council have, or ought to have any Jurisdiction, Power or Authority by English Bill, Petition, Articles, Libel or other arbitrary way to examine, or draw in question, determine or dispose of the Lands, Tenements, Hereditaments, Goods or Chattels, of any of the Subjects of this Kingdom.
4. That if any Person shall be committed, restrained of his Liberty, or suffer Imprisonment, by the Order or Decree of the Court of Star-Chamber, Courts holden before the President of the Marches of Wales, Courts of Dutchy of Lancaster, Court of Exchequer of the County-Palatine of Chester, or by the Command or Warrant of the King's Majesty, his Heirs or Successors in their own Persons, or by Command or Warrant of the Council-Board, or by any of the Lords or otherwise of his Majesty's Privy-Council; in every such case the Person committed or restrained of this liberty, or suffering of Imprisonment, upon demand or motion of his Council, or other employed by him, shall have a Writ of Habeas Corpus, to all and every Sheriff, Goaler, or other Person in whose custody the Person committed or restrained shall be at the return of the said Writ, at the charge of the Party shall forthwith cause to be brought the Body of the Party so committed before the Judge or Justices of the said Court, from whence the Writ shall issue forth in open Court. And the Court within three days after such return made, shall proceed to examine whether the cause of such Commitment be just or legal or not, containing also a Penalty upon the Lord Chancellor and Keeper of the Great Seal, or any Privy-Counsellor or Judge, who shall do any thing contrary to the true intent and meaning of this Law, particularizing what the Penalty shall be.
That whereas in the Statute of Eliz. Cap. 1. there is a Clause to this effect, viz. That the Queen's Majesty, her Heirs and Successors, shall have Power and Authority, by that Act by Tres Patent' under the Great Seal of England, to assign, name and authorize such Person and Persons, being natural born Subjects to her Highness, as she, her Heirs or Successors should think meet, to exercise, use, and execute under her Highness, her Heirs or Successors, all manner of Jurisdiction, Privileges and Preheminences, touching or concerning any Spiritual Jurisdiction, within her Realms of England and Ireland, or any her Highness Dominions or Countries: And to use, reform, redress, order, correct, aud amend all Errors, Heresies, Schisms, Abuses, Offences, Contempts and Enormities whatsoever, which by any manner, Spiritual or Ecclesiastical Power, Authority, or Jurisdiction can or may be lawfully reformed, ordered, redressed, corrected, restrained, or amended; and that such Persons so to be assigned, named, authorized, and appointed by and after the said Tres Patent'to him or them made and delivered, should have full Power and Authority by virtue of that Act, and of the said Tres Patent', to exercise, use, and execute all the Premises, according to the tenor and effect of the said Tres Patent'.
- 1. It's enacted by Parliament, That the said Branch, Clause, Article, Sentence, and every manner and thing in that Branch, shall from henceforth be repealed, annulled, revoked, and utterly made-void for ever.
- 2. That no Archbishop, Bishop, nor Vicar-General, Chancellor, or Official, nor Commissary of any Archbishop, Bishop, or Vicar-General, or any other Spiritual or Ecclesiastical Judge, Officer, or Minister, exercising any Spiritual or Ecclesiastical Powers by any Grant, Licence or Commission from the King, his Heirs or Successors, shall from and after the first of August 1641. award, impose, or inflict any Pain, Penalty, Fine, Amercement, Imprisonment, or other corporal Punishment upon any of the King's Subjects, for any Contempt, Misdemeanor, Crime, Matter or Thing whatsoever belonging to Spiritual or Ecclesiastical Jurisdiction, or shall ex officio, or otherwise, tender, give or minister unto any Churchwarden, Sideman, or any other Person whatsoever, any corporal Oath to make any presentment of any Crime or Offence, or to confess or accuse himself of any Crime or Offence, Delinquency, or Misdemeanor, whereby or by reason whereof he or she may be liable to any Pain, Penalty or Punishment whatsoever, upon pain to forfeit to every party so grieved treble Damages, and 100 l. to him or them that shall first demand or sue for the same; the said treble Damages, and 100 l. to be demanded and recovered by Action of Debt, in any Court of Record, wherein no Privilege is essoyned, Protection or Wager of Law shall be allowed the Defendant: And every person for any Act or Offence prohibited by this Statute, shall be disabled to continue in any Office or Employment of Justice, or to exercise any Authority by force of any Commission or Letters-Patents of the King, his Heirs and Successors.
That after the first of August (41.) no new Courts shall be erected, ordained or appointed within the Realm of England, and Dominion of Wales, that shall have the like Power, Jurisdiction, or Authority, as the High-Commission Court hath or pretendeth to have; but all such Letters-Patents, Commissions, and Grants, made, or to be made, by the King, his Heirs or Successors, and all Powers and Authorities granted, or mentioned to be given thereby, and all Acts, Sentences, and Decrees made by virtue and colour thereof, shall be utterly void.
13. An Act for the securing such Moneys as are or shall be due from the Inhabitants of the County of York, and the other adjoining Counties, wherein his Majesty's Army is or hath been billeted, for the Billet of the Soldiers of the said Army.
That the Charge imposed upon the Subject for providing and furnishing of Ships, commonly called Ship-Money, and the extra-judicial Opinions of the Justices and Barons, and the Writs, and every of them, and the Agreement or Opinion of the greater part of the Justices aad Barons, and the Judgment given against John Hampden Esq; for the payment of Ship-Money, were, and are contrary to, and against the Laws and Statutes of the Realm, the Right of Property, the Liberty of the Subjects, former Resolutions of Parliament, and the Petition of Right made in the third Year of his Majesty that now is,
That all and every the Particulars prayed and desired in the Petition of Right, shall from henceforth be put in execution, 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 said Judgments against the said John Hampden, and all and every the Proceedings whatsoever upon or by colour of any of the said Writs, called Ship-Writs, and all and every the Defendants on every of them, shall be adjudged to all Intents, Constructions and Purposes, to be utterly void, and that all and every the said Judgment, Inrollment, Entries, Proceedings, and Dependants of what kind soever, shall be vacated and cancelled, in such manner and form as Records use to be that are vacated.
That from henceforth the Meets, Meers, Limits and Bounds of all and every the Forests shall be adjudged and taken to extend no further respectively than the Meets, Meers, Limits and Bounds in the several Counties respectively, wherein the said Forests were commonly known, reputed used, or taken in the 20th Year of the Reign of the late King James, and not beyond, any Perambulation, Judgments, Presentments, Surveys or Decrees, or other matter or thing, to the contrary notwithstanding. And all and every Presentment of any Person or Persons at any Justice-Seat, Swain-mote, or Court of Attachment, for, or by reason or colour of any Acts whatsoever done or committed in any place without or beyond the said Meets, Meers, &c. See the Act more at large.
That the Sum of 220000 l. shall be paid into the Chamber of the City of London for the use of our Brethren of Scotland, the Sum of 110000 l. on or before the 24th of June 1642, the other 110000 l. on or before the 24th of June 1643.
That the Persons particularly named in the Act, are and shall be Persons to whom our Brethren of Scotland may from time to time address themselves for the receiving of the said 220000 l. at the days and place appointed; and the said Persons are to cause the said Sum of 220000 l. to be issued out of the Chamber of London to such Persons as by Act of Parliament of the Kingdom of Scotland shall be authorized to receive, and to give Acquittances and Discharges for the same.
19. An Act for the better ordering and regulating of the Office of Clerk of the Market, allowed and confirmed by this Statute, and for the Reformation of false Weights and Measures; which see at large.
That no Person or Persons, of what Condition, Quality, Estate, or Degree soever, shall at any time be distrained or compelled by any Writ or Process of the Court of Chancery, or Court of Exchequer, or otherwise by any means whatsoever, to receive or take upon him or them respectively the Order or Dignity of Knighthood; nor shall suffer or undergo any Fine, Trouble, or Molestation whatsoever, by reason or colour of his or their having not received or taken upon him or them the said Order or Dignity: And all and every Writ and Process whatsoever, and all Proceedings had and made contrary to the intent of this Statute, shall be utterly void.
That all and singular Persons, as well Strangers as natural born Subjects, may import into this Kingdom any quantities of Gun-powder whatsoever, paying such Customs and Duties for the same as shall be set down by Authority of Parliament.
That it be lawful for his Majesty's Subjects of the Realm of England to make and sell any quantities of Gun-powder; and bring into the Kingdom any quantity of Salt-petre, Brimstone, or other Materials for the making thereof.
That no Person or Persons after the first of August, 1641, shall put in execution any Letters Patents, Proclamation, Edict, Act, Order, Warrant, Restraint, or Inhibition, whereby the Importation of Gun-powder, Salt-petre, Brimstone, or other Materials for the making thereof, from Foreign Parts, or the making of Gun-powder within the Realm, shall be by any way retained.
That no Arch-Bishop or Bishop, or other Person that is or shall be in Holy Orders, at any time after the fourteenth of February, 164 shall have any Seat or Place, Suffrage or Voice, or execute any Power or Authority in the Parliaments of this Realm, nor shall be of the Privy Council of his Majesty, or Justice of the Peace of Oyer and Terminer or Goal-delivery, or execute any Temporal Authority by virtue of any Commission; but shall be wholly disabled to execute any of the said Offices, Places, Powers, or Authorities.
That all Acts from and after the said fourteenth of February done or executed by any Arch-Bishop, Bishop, or other Person in Holy Orders, and every Suffrage and Voice given by them, or any other thing done by them contrary to the purport of this Act, shall be void to all intents and purposes.