
Certioraries.; Mittimus.; Scire Facias against John Hampden, Esq.; Demurrer.; Overruled.; Reasons of the Judges for overruling Demurrer.; Extrajudicial Opinion.; Judgment recited.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 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]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 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 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 And whereas some otherShip-Writs, and Proceedings thereupon, contrary to Law.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
II. 
Judgments and Proceedings touching Ship-Writs, and all Entries, Records, and Inrolments thereof made void.
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[m]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.