House of Lords Journal Volume 4: 20 January 1641

Die Mercurii, videlicet, 20 die Januarii.

PRAYERS.

Report of the Conference concerning Ship Money.

No. 1.

This Day these Lords that were appointed, reported the Conference with the House of Commons. The Earl of Warwicke began first, with an Introduction of his own; next reported Mr. St. John's Introduction, and read the Opinion concerning Ship Money, delivered in Nov. 1635.

No. 2.

No. 3.

No. 4.

Then he proceeded in Mr. St. John's Speech, and read the King's Letter, and the Judges Opinion thereupon; which done, he opened the Contents of the Ship Writ, and afterwards opened the Judgement in the Exchequer.

Here was an Interruption made, it being signified to the House, That the House of Commons had sent a Message, with a Bill of Subsidies. Hereupon their Lordships, taking into Consideration that the Business in Agitation was likely to be very long, did dispense with this Interruption, though it be not usual, as being contrary to their Orders to admit of a new Business before that in Hand be ended.

Message from the H. C. with the Subsidy Bill.

And the Bill to prevent too long Intermission of Parliaments. Report of the Conference continued.

The Message, which was delivered by the Lord Digbie, was, That he was commanded to present to their Lordships, from the Knights, Citizens, and Burgesses assembled for the Commons in Parliament, Two Bills; one intituled, An Act for the Relief of His Majesty's Army, and the Northern Parts of the Kingdom; the other, intituled, An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments.

No. 5.

Which being delivered, and the House possessed of them, The Earl of Warwicke proceeded in his Report, and read the Articles and Impeachment of the Commons against the Lord Fynch, Lord Keeper of the Great Seal of England, charging him with High Treason.

No. 6.

After this the Earl of Bath reported the Speech of the Lord Viscount Faulkland, concerning the Lord Keeper.

Here enter it.

All Records of Ship Money to be vacated.

The Report being ended; the House was moved, That, seeing it appears that, upon good Grounds and Reasons, the House of Commons have voted and condemned Ship Money and all the Proceedings, nemine contradicente, to be illegal in Four Particulars, as being contrary to the Laws and Statutes of this Realm, contrary to the Right and Propriety of the Subjects, contrary to former Judgements given in Parliaments, and contrary to the Petition of Right; so that this House would do the like in every Particular. Hereupon the House agreed, To vote it presently; and, it being voted, it was Resolved, upon the Question, nemine contradicente,

That the Ship Writs, the extra-judicial Opinion of the Judges thereon, both first and last, and the Judgement given in Mr. Hamden's Case, and the Proceedings thereupon in the Exchequer Chamber, are all illegal, and contrary to the Laws and Statutes of this Realm, contrary to the Rights and Properties of the Subjects of this Realm, contrary to former Judgements in Parliaments, and contrary to the Petition of Right.

Likewise, Resolved upon the Question, nemine contradicente,

That the extra-judicial Opinions, inrolled in the Exchequer Chamber, and in other Courts, concerning Shipping Money, and all the Proceedings thereupon, are illegal, in Part, and in Whole, and contrary to the Laws and Statutes of this Realm, contrary to the Rights and Properties of the Subjects of this Realm, and contrary to former Judgements in Parliaments, and contrary to the Petition of Right.

Proclamation against the Lord Keeper.

It was moved, That a Proclamation might be sent forth, to summon the Lord Keeper to appear upon a Day; but nothing Ordered.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 21^m instantis Januarii, hora nona, Dominis sic decernentibus.