Articles of accusation, exhibited by the Commons House of Parliament now assembled, against Sr. John Bramston Knight, Sr. Robert Berkley Knight, justices of His Majesties Bench, Sr. Francis Crawley Knight, one of the justices of the Common-Pleas, Sr. Humphrey Davenport Knight, Sr. Richard Weston Knight, and Sr. Thomas Trevor Knight, barons of His Majesties Exchequer
         England and Wales. Parliament. House of Commons.
      
       
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             Articles of accusation, exhibited by the Commons House of Parliament now assembled, against Sr. John Bramston Knight, Sr. Robert Berkley Knight, justices of His Majesties Bench, Sr. Francis Crawley Knight, one of the justices of the Common-Pleas, Sr. Humphrey Davenport Knight, Sr. Richard Weston Knight, and Sr. Thomas Trevor Knight, barons of His Majesties Exchequer
             England and Wales. Parliament. House of Commons.
             Bramston, John, Sir, 1577-1654.
             Berkeley, Robert, Sir, 1584-1656.
             Crawley, Francis, Sir, 1573 or 4-1649.
             Davenport, Humphrey, Sir, 1566-1645.
             Weston, Richard, Sir, 1579?-1652.
             Trevor, Thomas, Sir, 1586-1656.
          
           [2], 48 p.
           
             Printed for I.H.,
             [London] :
             1641.
          
           
             Reproduction of original in Huntington Library.
             Sir Robert Berkeley was charged with treason, the others were impeached. The charges included that of delivering opinions favorable to the right of the crown to collect ship-money.
          
        
      
    
     
       
         eng
      
       
         
           Ship-money.
        
      
    
       A38203  R6725  (Wing E2521).  civilwar no Articles of accusation, exhibited by the Commons House of Parliament now assembled, against Sr. John Bramston Knight, Sr. Robert Berkley Kni England and Wales. Parliament. House of Commons 1641    17266 4 0 0 0 0 0 2 B  The  rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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           ARTICLES
           OF
           ACCUSATION
           ,
           EXHIBITED
           By
           the
           Commons
           House
           of
           Parliament
           now
           assembled
           ,
           AGAINST
           
             
               Sr.
               John
               Bramston
               
                 Knight
                 ,
                 Justice
                 of
                 his
                 Majesties
                 Bench
                 .
              
            
             
               Sr.
               Robert
               Berkley
               
                 Knight
                 ,
                 Justice
                 of
                 his
                 Majesties
                 Bench
                 .
              
            
             
               Sr.
               Francis
               Crawley
               
                 Knight
                 ,
                 one
                 of
                 the
                 Justices
                 of
                 the
                 Common-pleas
                 .
              
            
             
               Sr.
               Humphrey
               Davenport
               
                 Knight
                 ,
                 Baron
                 of
                 his
                 Majesties
                 Exchequer
                 .
              
            
             
               Sr.
               Richard
               Weston
               
                 Knight
                 ,
                 Baron
                 of
                 his
                 Majesties
                 Exchequer
                 and
                 .
              
            
             
               Sr.
               Thomas
               Trevor
               
                 Knight
                 ,
                 Baron
                 of
                 his
                 Majesties
                 Exchequer
                 .
              
            
          
        
         
           
             2
             CHRON.
             19.6
             ,
             7.
             
          
           
             
               Jehosophat
            
             said
             to
             the
             Judges
             ,
             Take
             heed
             what
             ye
             do
             :
             for
             ye
             judge
             not
             for
             man
             ,
             but
             for
             the
             Lord
             ;
             wherefore
             let
             the
             feare
             of
             the
             Lord
             be
             upon
             you
             ;
             for
             there
             is
             no
             iniquitie
             with
             the
             Lord
             our
             God
             ,
             nor
             taking
             of
             gifts
             .
          
        
         
           Printed
           for
           
             I.
             H.
          
           1641.
           
        
      
    
     
       
       
       
         
           The
           Articles
           of
           impeachment
           of
           Sir
           
             Robert
             Berkley
          
           Knight
           ,
           one
           of
           the
           Justices
           of
           the
           Court
           of
           the
           Kings
           Bench
           ;
           by
           the
           Commons
           in
           this
           present
           Parliament
           assembled
           ,
           in
           their
           owne
           name
           ,
           and
           in
           the
           name
           of
           all
           the
           Commons
           of
           England
           ,
           in
           maintenance
           of
           their
           accusation
           ,
           whereby
           he
           standeth
           charged
           with
           high
           treason
           ,
           and
           other
           great
           misdemeanors
           .
        
         
           
             INprimis
             ,
          
           that
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           then
           being
           one
           of
           the
           Justices
           of
           the
           said
           Court
           of
           Kings
           Bench
           ,
           hath
           traiterously
           ,
           and
           wickedly
           ,
           endevoured
           to
           subvert
           the
           fundamentall
           Lawes
           ,
           and
           established
           government
           of
           the
           Realme
           of
           England
           ;
           and
           ,
           instead
           thereof
           ,
           to
           introduce
           an
           Arbitrarie
           ,
           and
           Tyrannicall
           government
           against
           Law
           ,
           which
           he
           hath
           declared
           by
           traiterous
           and
           wicked
           words
           ,
           opinions
           ,
           judgements
           ,
           practises
           ,
           and
           actions
           appearing
           in
           the
           severall
           Articles
           ensuing
           .
        
         
           2
           Whereas
           by
           the
           Statute
           made
           in
           the
           five
           &
           twentieth
           year
           of
           the
           raigne
           of
           the
           late
           King
           
             Henry
          
           the
           eighth
           ,
           prices
           of
           Victualls
           are
           appointed
           to
           be
           rated
           in
           such
           manner
           ,
           as
           in
           the
           said
           Statute
           is
           declared
           :
           But
           it
           is
           manifest
           by
           the
           said
           Statute
           ,
           Corne
           is
           none
           of
           the
           victuals
           thereby
           intended
           .
           Neverthelesse
           some
           ill-affected
           persons
           endevouring
           to
           bring
           a
           charge
           upon
           the
           subjects
           contrary
           to
           Law
           ,
           did
           surmise
           that
           the
           prices
           of
           Corne
           might
           be
           rated
           ,
           and
           set
           according
           to
           the
           direction
           of
           that
           Statute
           ,
           and
           thereupon
           great
           gaine
           might
           be
           raised
           to
           his
           Majestie
           ,
           by
           licences
           and
           dispensations
           for
           selling
           Corne
           at
           other
           prices
           :
           And
           a
           command
           from
           his
           Majestie
           being
           procured
           to
           the
           Judges
           ,
           and
           sent
           to
           them
           by
           
             William
             Noye
          
           Esquire
           ,
           his
           Majesties
           then
           
           Attorney
           generall
           ;
           to
           deliver
           their
           opinions
           touching
           the
           question
           ,
           whether
           Corne
           was
           such
           victuals
           as
           was
           intended
           to
           have
           the
           price
           rated
           within
           the
           said
           Statute
           :
           In
           answer
           to
           which
           demand
           ,
           the
           said
           Sir
           
             Robert
             Berkley
          
           then
           being
           one
           of
           his
           Majesties
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           in
           furtherance
           of
           the
           said
           unlawfull
           charge
           ,
           endevoured
           to
           be
           imposed
           ,
           as
           aforesaid
           ,
           the
           30.
           day
           of
           
             November
             ,
          
           in
           the
           8.
           year
           of
           his
           now
           Majesties
           Raigne
           ,
           did
           deliver
           his
           opinion
           ,
           that
           Corne
           was
           such
           victuall
           as
           was
           intended
           to
           have
           the
           price
           rated
           within
           the
           said
           Statute
           ;
           which
           said
           opinion
           was
           contrary
           to
           Law
           ,
           and
           to
           the
           plaine
           sence
           ,
           and
           meaning
           of
           the
           said
           Statute
           ;
           and
           contrary
           to
           his
           owne
           knowledge
           ,
           and
           was
           given
           and
           delivered
           by
           him
           ,
           with
           a
           purpose
           and
           intention
           ,
           that
           the
           said
           unlawfull
           charge
           might
           be
           imposed
           upon
           the
           Subject
           .
        
         
           3
           That
           an
           information
           being
           preferred
           in
           the
           Court
           of
           Star-chamber
           by
           they
           said
           
             William
             Noy
             ,
          
           his
           Majesties
           then
           Attorney
           generall
           ,
           against
           
             John
             Overman
             ,
          
           and
           fifteen
           other
           Soape
           makers
           Defendants
           ,
           charging
           them
           with
           severall
           pretended
           offences
           ,
           contrary
           to
           divers
           Letters
           Patents
           and
           Proclamations
           ,
           touching
           the
           making
           and
           uttering
           Soape
           ,
           and
           using
           the
           trade
           of
           Soape-makers
           ,
           and
           other
           offences
           in
           the
           said
           Information
           mentioned
           ,
           whereunto
           the
           Defendants
           did
           plead
           ,
           and
           demurre
           as
           to
           part
           ,
           and
           answer
           to
           other
           part
           of
           the
           said
           Information
           :
           And
           the
           said
           Plea
           and
           demurter
           being
           over-ruled
           ,
           for
           that
           the
           particulars
           therein
           insisted
           upon
           ,
           would
           appeare
           more
           fully
           after
           answer
           and
           proofe
           ;
           therefore
           the
           Defendants
           were
           ordered
           to
           answer
           without
           prejudice
           ,
           and
           were
           to
           be
           admitted
           to
           such
           exceptions
           to
           the
           said
           Information
           ,
           and
           advantages
           of
           the
           matter
           of
           the
           Plea
           and
           demurrer
           upon
           the
           hearing
           as
           shall
           be
           materiall
           ;
           and
           accordingly
           the
           Defendants
           did
           put
           in
           their
           answers
           ,
           and
           set
           forth
           severall
           Acts
           of
           Parliament
           ,
           Letters
           Patents
           ,
           Charters
           ,
           Customes
           ,
           and
           Acts
           of
           Common-councell
           of
           the
           Citie
           of
           London
           ,
           and
           other
           matters
           materially
           conducing
           to
           their
           defence
           ;
           and
           in
           conclusion
           pleaded
           
           not
           guiltie
           .
           The
           said
           Sir
           
             Robert
             Berkley
          
           then
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           upon
           the
           30.
           day
           of
           
             March
             ,
          
           in
           the
           eighth
           yeare
           of
           his
           Majesties
           now
           raigne
           ,
           upon
           an
           Order
           of
           Reference
           to
           him
           and
           others
           by
           the
           said
           Court
           of
           Star-chamber
           ,
           to
           consider
           of
           the
           impertinencie
           of
           the
           said
           answers
           ,
           did
           certifie
           the
           said
           Court
           of
           Star-chamber
           ,
           that
           the
           whole
           answers
           ,
           excepting
           the
           foure
           words
           and
           ten
           last
           lines
           ,
           should
           bee
           expunged
           ,
           leaving
           thereby
           no
           more
           in
           substance
           of
           the
           said
           answers
           ,
           then
           the
           Plea
           of
           not
           guiltie
           .
           And
           after
           upon
           a
           Reference
           to
           him
           and
           others
           ,
           by
           order
           of
           the
           said
           Court
           ,
           of
           the
           impertinencie
           of
           the
           Interrogatories
           and
           depositions
           of
           witnesses
           taken
           on
           the
           Defendants
           part
           ;
           in
           the
           same
           case
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           upon
           the
           second
           day
           of
           
             May
             ,
          
           in
           the
           eighth
           yeare
           of
           his
           now
           Majesties
           raigne
           ,
           certified
           that
           nine
           and
           thirtie
           of
           the
           said
           Interrogatories
           ,
           and
           the
           depositions
           upon
           them
           taken
           ,
           should
           be
           suppressed
           ,
           with
           answers
           (
           except
           as
           aforesaid
           )
           and
           depositions
           ,
           although
           the
           same
           did
           containe
           the
           said
           Defendants
           most
           materiall
           defence
           .
           Yet
           were
           expounged
           and
           suppressed
           according
           to
           the
           said
           Certificates
           ;
           both
           which
           said
           Certificates
           were
           contrary
           to
           Law
           ,
           and
           Justice
           ,
           and
           contrary
           to
           his
           the
           said
           Sir
           
             Robert
             Berkley's
          
           owne
           knowledge
           ,
           and
           contrary
           to
           the
           said
           former
           order
           ,
           whereby
           the
           advantages
           were
           saved
           to
           the
           Defendants
           ,
           as
           aforesaid
           :
           And
           by
           reason
           thereof
           ,
           the
           said
           
             John
             Overman
             ,
          
           and
           the
           said
           other
           fifteene
           Defendants
           ,
           were
           sentenced
           in
           the
           said
           Court
           of
           Star-chamber
           ,
           to
           be
           committed
           prisoners
           to
           the
           Fleete
           ,
           and
           disabled
           from
           using
           their
           trade
           of
           Soape-makers
           :
           And
           one
           of
           them
           fined
           in
           a
           thousand
           five
           hundred
           pounds
           ;
           two
           of
           them
           in
           a
           thousand
           pound
           a
           peece
           ;
           foure
           of
           them
           in
           a
           thousand
           Marke
           a
           peece
           ;
           the
           rest
           five
           hundred
           pounds
           a
           peece
           ;
           which
           fines
           were
           estreated
           into
           the
           Exchequer
           without
           any
           mitigation
           :
           And
           the
           said
           Defendants
           according
           to
           the
           said
           sentence
           were
           imprisoned
           ,
           and
           deprived
           of
           their
           trade
           and
           livelihood
           ,
           tending
           to
           the
           utter
           ruine
           of
           the
           said
           Defendants
           ,
           and
           to
           the
           overthrow
           
           of
           free
           trade
           ,
           and
           contrary
           to
           the
           libertie
           of
           Subjects
           .
        
         
           4
           That
           hee
           the
           said
           Sir
           
             Robert
             Berkley
          
           then
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           and
           having
           taken
           an
           oath
           for
           the
           due
           administration
           of
           Justice
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           ,
           to
           his
           Majesties
           liege
           people
           ,
           on
           or
           about
           the
           last
           of
           
             December
          
           subscribed
           an
           opinion
           ,
           
             in
             haec
             verba
             :
          
           [
           I
           am
           of
           opinion
           ,
           that
           as
           where
           the
           benefit
           doth
           more
           particularly
           redound
           to
           the
           good
           of
           the
           Ports
           ,
           or
           Maritime
           parts
           ,
           (
           as
           in
           case
           of
           Pyracie
           or
           Depredations
           upon
           the
           Seas
           )
           there
           the
           charge
           hath
           beene
           ,
           and
           may
           be
           lawfully
           imposed
           upon
           them
           ,
           according
           to
           presidents
           of
           former
           times
           ;
           so
           where
           the
           good
           and
           safety
           of
           the
           kingdome
           in
           generall
           is
           concerned
           ,
           and
           the
           whole
           kingdome
           in
           danger
           ,
           (
           of
           which
           his
           Majestie
           is
           the
           onely
           Judge
           )
           there
           the
           charge
           of
           the
           defence
           ought
           to
           be
           borne
           by
           all
           the
           Realme
           in
           generall
           :
           this
           I
           hold
           agreeable
           both
           to
           Law
           and
           reason
           .
           ]
        
         
           5
           That
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           then
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           and
           duly
           sworne
           as
           aforesaid
           ,
           in
           
             February
          
           1636.
           subscribed
           an
           extrajudiciall
           opinion
           ,
           in
           answer
           to
           questions
           in
           a
           letter
           from
           his
           Majestie
           ,
           
             in
             haec
             verba
             :
          
        
         
           
             
               Charles
               R.
            
             When
             the
             good
             and
             safetie
             of
             the
             kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             in
             danger
             ,
             whether
             may
             not
             the
             King
             ,
             by
             writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             the
             Subjects
             of
             this
             kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             with
             Men
             ,
             Victuall
             and
             Munition
             ;
             and
             for
             such
             time
             ,
             as
             hee
             shall
             thinke
             fit
             ,
             for
             the
             defence
             and
             safeguard
             of
             the
             kingdome
             ,
             from
             such
             danger
             and
             perill
             ;
             and
             by
             Law
             compell
             the
             doing
             thereof
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             ?
             And
             whether
             in
             such
             case
             is
             not
             the
             King
             the
             sole
             Judge
             ,
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             bee
             prevented
             and
             avoided
             ?
             
               C.
               R.
               
            
          
        
         
           
             May
             it
             please
             your
             most
             excellent
             Majestie
             ,
             We
             have
             ,
             
             according
             to
             your
             Majesties
             command
             ,
             severally
             every
             man
             by
             himselfe
             ,
             and
             all
             of
             us
             together
             ,
             taken
             into
             serious
             consideration
             the
             Case
             and
             Question
             signed
             by
             your
             Majestie
             ,
             and
             inclosed
             in
             your
             Royall
             letter
             ;
             and
             we
             are
             of
             opinion
             ,
             that
             when
             the
             good
             and
             safetie
             of
             the
             kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             in
             danger
             ,
             your
             Majestie
             may
             ,
             by
             writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             your
             Subjects
             of
             this
             your
             kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             with
             Men
             ,
             Victuall
             and
             Munition
             ;
             and
             for
             such
             time
             as
             your
             Majestie
             shall
             thinke
             fit
             ,
             for
             the
             defence
             and
             safeguard
             of
             the
             kingdome
             ,
             from
             such
             danger
             and
             perill
             ;
             And
             that
             by
             Law
             your
             Majestie
             may
             compell
             the
             doing
             thereof
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             :
             And
             we
             are
             also
             of
             opinion
             that
             in
             such
             case
             ,
             your
             Majestie
             is
             the
             sole
             Judge
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             bee
             prevented
             and
             avoided
             .
             
               John
               Brampston
               ,
               John
               Finch
               ,
               Humphrey
               Davenport
               ,
               John
               Denham
               ,
               Richard
               Hutton
               ,
               William
               Jones
               ,
               George
               Crooke
               ,
               Thomas
               Trevor
               ,
               George
               Vernon
               ,
               Robert
               Berkley
               ,
               Francis
               Crawley
               ,
               Richard
               Weston
               .
            
          
        
         
           6
           That
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           then
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           and
           duely
           sworne
           as
           aforesaid
           ,
           did
           on
           the
           〈◊〉
           deliver
           his
           opinion
           in
           the
           Exchequer
           Chamber
           ,
           against
           
             John
             Hampden
          
           Esquire
           in
           the
           Case
           of
           Ship-money
           ,
           That
           he
           the
           said
           
             John
             Hampden
          
           upon
           the
           matter
           and
           substance
           of
           the
           Case
           ,
           was
           chargeable
           with
           the
           money
           then
           in
           question
           :
           A
           copie
           of
           which
           proceeding
           ,
           and
           judgement
           ,
           the
           Commons
           of
           this
           present
           Parliament
           have
           delivered
           to
           your
           Lordships
           .
        
         
           7
           That
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           then
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           and
           one
           of
           the
           Justices
           of
           Assize
           for
           the
           Countie
           of
           Yorke
           ;
           did
           at
           the
           Assizes
           held
           at
           Yorke
           in
           Lent
           ,
           1636.
           deliver
           in
           his
           charge
           to
           the
           grand
           Jurie
           ,
           that
           it
           was
           a
           lawfull
           and
           inseparable
           flower
           of
           the
           Crowne
           ,
           for
           the
           King
           to
           command
           not
           only
           
           the
           Maritime
           Counties
           ,
           but
           also
           those
           that
           were
           In-land
           ,
           to
           finde
           ships
           for
           the
           defence
           of
           the
           Kingdome
           .
           And
           then
           likewise
           falsely
           ,
           and
           malitiously
           affirmed
           ,
           that
           it
           was
           not
           his
           single
           judgement
           ,
           but
           the
           judgement
           of
           all
           his
           brethren
           ,
           witnessed
           by
           their
           subscriptions
           :
           And
           then
           also
           said
           ,
           that
           there
           was
           a
           rumour
           that
           some
           of
           his
           Brethren
           that
           had
           subscribed
           ,
           were
           of
           a
           contrary
           judgement
           ;
           but
           it
           was
           a
           base
           and
           unworthy
           thing
           ,
           for
           any
           to
           give
           his
           hand
           contrary
           to
           his
           heart
           ;
           and
           then
           wished
           for
           his
           owne
           part
           that
           his
           hand
           might
           rot
           from
           his
           arme
           ,
           that
           was
           guiltie
           of
           any
           such
           crime
           ;
           when
           as
           he
           knew
           that
           Mr.
           Justice
           
             Hutton
          
           and
           Mr.
           
           Justice
           
             Crooke
             ,
          
           who
           had
           subscribed
           ,
           were
           of
           a
           contrary
           opinion
           ,
           and
           was
           present
           when
           they
           were
           perswaded
           to
           subscribe
           ;
           and
           did
           subscribe
           for
           conformitie
           ,
           onely
           because
           the
           major
           number
           of
           the
           Judges
           had
           subscribed
           .
           And
           hee
           the
           said
           Sir
           
             Robert
             Berkley
          
           then
           also
           said
           ,
           that
           in
           some
           Cases
           the
           Judges
           were
           above
           an
           Act
           of
           Parliament
           ;
           which
           said
           false
           and
           malitious
           words
           were
           uttered
           ,
           as
           aforesaid
           ,
           with
           intent
           and
           purpose
           to
           countenance
           and
           maintaine
           the
           said
           unjust
           opinions
           .
           and
           to
           terrifie
           his
           Majesties
           Subjects
           that
           should
           refuse
           to
           pay
           Ship-money
           ,
           or
           seeke
           any
           remedie
           by
           Law
           against
           the
           said
           unjust
           and
           illegall
           taxation
           .
        
         
           8
           That
           whereas
           
             Richard
             Chambers
          
           Merchant
           having
           commenced
           a
           suit
           for
           trespasse
           and
           false
           imprisonment
           against
           Sir
           
             Edward
             Bromfield
          
           Knight
           ,
           for
           imprisoning
           him
           the
           said
           
             Chambers
          
           for
           refusing
           to
           pay
           Ship-money
           ,
           in
           the
           time
           that
           the
           said
           Sir
           
             Edward
             Bromfield
          
           was
           Lord
           Maior
           of
           the
           Citie
           of
           London
           ,
           in
           which
           suit
           the
           said
           Sir
           
             Edward
             Bromfield
          
           did
           make
           a
           speciall
           justification
           :
           The
           said
           Sir
           
             Robert
             Berkley
          
           then
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           in
           Trinitie
           Terme
           last
           ,
           then
           sitting
           on
           the
           Bench
           in
           the
           said
           Court
           ,
           upon
           debate
           of
           the
           said
           Case
           ,
           betweene
           the
           said
           
             Chambers
          
           and
           Sir
           
             Edward
             Bromfield
             ,
          
           said
           openly
           in
           the
           said
           Court
           ,
           that
           there
           was
           a
           rule
           of
           Law
           ,
           and
           a
           rule
           of
           government
           :
           And
           that
           many
           things
           which
           might
           not
           be
           done
           by
           the
           rule
           of
           Law
           ,
           might
           be
           done
           by
           the
           rule
           
           of
           government
           ;
           and
           would
           not
           suffer
           the
           point
           of
           legality
           of
           Ship-money
           to
           be
           argued
           by
           the
           said
           
             Chambers
          
           his
           Councell
           ;
           all
           which
           opinions
           ,
           declarations
           ,
           words
           and
           speeches
           ,
           contained
           in
           the
           third
           ,
           fourth
           ,
           fifth
           ,
           sixth
           ,
           seventh
           ,
           and
           eighth
           Articles
           ,
           are
           destructive
           to
           the
           fundamentall
           Lawes
           of
           this
           Realme
           ,
           the
           Subjects
           right
           of
           property
           ,
           and
           contrary
           to
           former
           resolutions
           in
           Parliament
           ,
           and
           to
           the
           petition
           of
           right
           :
           which
           resolutions
           in
           Parliament
           and
           petition
           of
           right
           were
           well
           knowne
           to
           him
           ,
           and
           resolved
           ,
           and
           enacted
           ,
           when
           he
           was
           the
           Kings
           Sergeant
           at
           law
           ,
           and
           attendant
           in
           the
           Lords
           house
           of
           Parliament
           .
        
         
           9
           That
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           then
           being
           one
           of
           the
           Judges
           of
           the
           Court
           of
           Kings
           Bench
           ,
           and
           being
           in
           commission
           of
           the
           Peace
           ,
           and
           duly
           sworne
           to
           execute
           the
           office
           of
           a
           Justice
           of
           Peace
           in
           the
           County
           of
           
             Hertford
             ,
          
           on
           or
           about
           the
           seventh
           of
           
             January
             ,
          
           1638.
           at
           which
           time
           the
           generall
           Sessions
           of
           the
           Peace
           for
           the
           said
           Countie
           were
           there
           holden
           :
           The
           said
           Sir
           
             Robert
             Berkley
             ,
          
           then
           and
           there
           sitting
           on
           the
           Bench
           ,
           did
           revile
           and
           threaten
           the
           grand
           Jurie
           returned
           to
           serve
           at
           the
           said
           Sessions
           ,
           for
           presenting
           the
           removall
           of
           the
           Communion
           Table
           in
           All
           Saints
           Church
           in
           
             Hertford
          
           aforesaid
           out
           of
           the
           place
           where
           it
           anciently
           and
           usually
           stood
           ,
           and
           setting
           it
           Altar-wayes
           ,
           against
           the
           Lawes
           of
           this
           Realme
           ,
           in
           that
           Case
           made
           and
           provided
           ,
           as
           an
           innovation
           in
           matters
           concerning
           the
           Church
           ;
           the
           said
           grand
           Jurie
           having
           delivered
           to
           them
           in
           charge
           at
           the
           said
           Sessions
           ,
           by
           Master
           Sergeant
           
             Atkins
          
           a
           Justice
           of
           Peace
           of
           the
           said
           County
           of
           
             Hertford
             ,
          
           that
           by
           the
           oath
           they
           had
           taken
           ,
           they
           were
           bound
           to
           present
           all
           innovations
           concerning
           Church
           matters
           .
           And
           he
           the
           said
           Sir
           
             Robert
             Berkley
          
           compelled
           the
           fore-man
           of
           the
           Jurie
           ,
           to
           tell
           him
           who
           gave
           him
           any
           such
           information
           ,
           and
           thereby
           knowing
           it
           to
           be
           one
           
             Henry
             Browne
             ,
          
           one
           of
           the
           said
           grand
           Jurie
           ,
           he
           asked
           the
           said
           
             Browne
          
           how
           he
           durst
           meddle
           with
           Church
           matters
           ;
           who
           affirming
           that
           in
           the
           said
           charge
           from
           Master
           Sergeant
           
             Atkins
             ,
          
           the
           said
           Jurie
           were
           charged
           so
           to
           do
           ;
           he
           
           the
           said
           Sir
           
             Robert
             Berkley
          
           told
           the
           said
           
             Browne
             ,
          
           hee
           should
           therefore
           finde
           〈◊〉
           for
           the
           good
           behaviour
           :
           and
           that
           hee
           the
           said
           Sir
           
             Robert
             Berkley
          
           would
           set
           a
           great
           fine
           on
           his
           head
           ,
           to
           make
           him
           an
           example
           to
           others
           ;
           and
           thereupon
           the
           said
           
             Browne
          
           offered
           sufficient
           baile
           :
           but
           hee
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           being
           incensed
           against
           him
           ,
           refused
           the
           said
           baile
           ,
           and
           committed
           the
           said
           
             Browne
          
           to
           prison
           ,
           where
           hee
           lay
           in
           Irons
           till
           the
           next
           morning
           ,
           and
           used
           to
           the
           said
           
             Browne
          
           and
           the
           rest
           of
           the
           Jurors
           ,
           many
           other
           reviling
           and
           terrifying
           speeches
           ;
           and
           said
           ,
           he
           knew
           no
           Law
           for
           the
           said
           presentment
           ,
           and
           told
           the
           said
           
             Browne
          
           that
           he
           had
           sinned
           in
           the
           said
           presentment
           :
           And
           hee
           compelled
           the
           said
           grand
           Jurors
           to
           say
           ,
           they
           were
           sorrie
           for
           what
           they
           had
           done
           in
           that
           presentment
           ;
           and
           did
           bid
           them
           to
           trample
           the
           said
           presentment
           under
           their
           feet
           ,
           and
           caused
           
             Browne
          
           to
           teare
           the
           said
           presentment
           in
           his
           sight
           .
           And
           hee
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           when
           as
           
             John
             Houland
             ,
          
           and
           
             Ralph
             Pemberton
          
           late
           Maior
           of
           St.
           
             Albans
             ,
          
           came
           to
           desire
           his
           opinion
           on
           severall
           Indictments
           against
           
             John
             Browne
          
           Parson
           of
           Saint
           
             Albans
             ,
          
           and
           
             Anthonie
             Smith
          
           Vicar
           of
           St.
           
           
             Peters
          
           in
           Saint
           
             Albans
             ,
          
           at
           the
           quarter
           Sessions
           held
           for
           the
           said
           towne
           of
           St.
           
             Albans
          
           on
           the
           foure
           and
           twentieth
           of
           
             June
             ,
          
           1639.
           for
           the
           removall
           of
           the
           Communion
           Table
           out
           of
           the
           usuall
           place
           ,
           and
           not
           administring
           the
           Sacrament
           according
           to
           the
           Law
           in
           that
           Case
           provided
           ,
           Hee
           the
           said
           Sir
           
             Robert
             Barkley
          
           then
           told
           them
           that
           such
           an
           Indictment
           was
           before
           him
           at
           
             Hertford
             ,
          
           and
           that
           he
           quashed
           the
           same
           ,
           and
           imprisoned
           the
           Promoters
           ;
           by
           which
           threatning
           and
           reviling
           speeches
           ,
           unjust
           actions
           and
           declarations
           he
           so
           terrified
           the
           Jurors
           in
           those
           parts
           ,
           that
           they
           durst
           not
           present
           any
           Innovations
           in
           Church
           matters
           ,
           to
           their
           great
           griefe
           and
           trouble
           of
           their
           consciences
           .
        
         
           And
           whereas
           severall
           indictments
           were
           preferred
           against
           
             John
             Brooke
          
           Parson
           of
           
             Yarmouth
          
           by
           
             John
             Ingrane
          
           and
           
             John
             Carter
             ,
          
           for
           refusing
           severall
           times
           to
           administer
           the
           Sacrament
           of
           the
           Lords
           supper
           to
           them
           without
           any
           lawfull
           
           cause
           ,
           at
           the
           Assizes
           held
           at
           
             Norwich
          
           in
           〈◊〉
           1633.
           he
           the
           said
           Sir
           
             Robert
             Berkley
          
           then
           being
           one
           of
           the
           Judges
           of
           the
           Assize
           ▪
           proceeded
           then
           to
           the
           triall
           on
           the
           said
           Indictments
           ;
           where
           the
           matter
           in
           issue
           being
           ,
           that
           the
           said
           
             Brooke
          
           refused
           to
           administer
           the
           said
           Sacrament
           ,
           because
           the
           said
           
             Ingram
          
           and
           
             Carter
          
           would
           not
           receive
           tickets
           with
           their
           Sir-names
           before
           their
           Christen-names
           ,
           which
           was
           a
           course
           never
           used
           amongst
           them
           but
           ;
           by
           the
           said
           
             Brooke
          
           ;
           He
           the
           said
           Sir
           
             Robert
             Berkley
          
           did
           then
           much
           discourage
           the
           said
           
             Ingrams
          
           Councell
           ,
           and
           over-ruled
           the
           cause
           for
           matter
           of
           Law
           ,
           so
           as
           the
           Jurie
           never
           went
           from
           the
           Bar
           but
           there
           found
           for
           the
           said
           
             Brooke
             .
          
           And
           the
           said
           Sir
           
             Robert
             Berkley
          
           bound
           the
           said
           
             Ingram
          
           to
           the
           good
           behaviour
           for
           prosecuting
           the
           said
           Indictments
           ;
           and
           ordered
           him
           to
           pay
           costs
           to
           the
           said
           
             Brooke
          
           for
           wrongfully
           inditing
           him
           .
           And
           whereas
           the
           said
           
             Carter
             ,
          
           not
           expecting
           the
           triall
           at
           the
           same
           Assizes
           ,
           he
           preferred
           his
           Indictment
           ,
           was
           then
           absent
           ,
           whereupon
           the
           said
           Sir
           
             Robert
             Berkley
          
           did
           cause
           to
           be
           entred
           on
           the
           said
           Indictment
           ,
           a
           
             vacat
             quia
             non
             sufficiens
             in
             lege
             ,
          
           and
           ordered
           an
           attachment
           against
           the
           said
           
             Carter
             ,
          
           which
           said
           proceedings
           against
           the
           said
           
             Ingram
          
           and
           
             Carter
             ,
          
           by
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           were
           contrary
           to
           Law
           and
           Justice
           ,
           and
           to
           his
           own
           knowledge
           .
        
         
           10.
           
           That
           the
           said
           Sir
           
             Rob.
             Berkley
             ,
          
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           and
           duely
           sworn
           as
           aforesaid
           ,
           in
           Trinitie
           Terme
           ,
           
             an.
          
           1637.
           deferred
           to
           discharge
           or
           baile
           
             Alexander
             Jennings
          
           prisoner
           in
           the
           Fleet
           ,
           brought
           by
           
             Habeas
             Corpus
          
           to
           the
           Bar
           of
           the
           said
           Court
           ,
           the
           returne
           of
           his
           Commitment
           being
           ,
           that
           he
           was
           committed
           by
           two
           severall
           warrants
           from
           the
           Lords
           of
           the
           Councell
           ,
           dated
           the
           fift
           of
           
             November
          
           1636.
           the
           first
           being
           onely
           read
           in
           Court
           expressing
           no
           cause
           ,
           the
           other
           for
           not
           paying
           Messengers
           fees
           ;
           and
           untill
           he
           should
           bring
           a
           certificate
           that
           hee
           had
           paid
           his
           Assessement
           for
           Ship-money
           in
           the
           County
           of
           
             Bucks
             ,
          
           but
           remitted
           him
           :
           And
           in
           Michaelmas
           Terme
           after
           ,
           the
           said
           
             Jennings
          
           being
           brought
           by
           another
           
             Habeas
             
             Corpus
          
           before
           him
           ,
           as
           aforesaid
           ,
           and
           the
           same
           returned
           ;
           yet
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           refused
           to
           discharge
           or
           baile
           him
           ,
           but
           remitted
           him
           .
           And
           ,
           in
           Easter
           Terme
           ,
           after
           severall
           rules
           were
           given
           for
           his
           Majesties
           Councell
           to
           shew
           cause
           why
           the
           said
           
             Jenings
          
           should
           not
           be
           bailed
           ,
           a
           fourth
           rule
           was
           made
           for
           the
           said
           
             Jenings
             ,
          
           to
           let
           his
           Majesties
           Attorney
           Generall
           have
           notice
           thereof
           ,
           and
           notice
           was
           given
           accordingly
           ;
           and
           the
           said
           
             Jenings
          
           by
           another
           
             Habeas
             Corpus
             ,
          
           brought
           to
           the
           Barre
           in
           Trinity
           Terme
           after
           ,
           and
           the
           same
           returne
           with
           this
           addition
           of
           a
           new
           Commitment
           of
           the
           fourth
           of
           
             May
             ,
          
           suggesting
           he
           the
           said
           
             Jenings
          
           had
           used
           diverse
           scandalous
           words
           in
           derogation
           and
           disparagement
           of
           his
           Majesties
           government
           :
           He
           the
           said
           
             Jenings
          
           after
           severall
           rules
           in
           the
           end
           of
           the
           said
           Trinity
           Terme
           ,
           was
           againe
           remitted
           to
           prison
           .
           And
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           did
           on
           the
           fifth
           of
           June
           last
           ,
           deferre
           to
           grant
           his
           Majesties
           Writ
           of
           
             Habeas
             Corpus
             ,
          
           for
           
             William
             Pargiter
          
           and
           
             Samuel
             Danvers
          
           Esquires
           ,
           prisoners
           in
           the
           Gate-house
           ,
           and
           in
           the
           Fleet
           :
           And
           afterwards
           having
           granted
           the
           said
           Writ
           of
           
             Habeas
             Corpus
             ,
          
           the
           said
           
             Pargiter
          
           and
           
             Danvers
          
           were
           on
           the
           eighth
           of
           June
           last
           ,
           brought
           to
           the
           Barre
           of
           the
           said
           Court
           ,
           where
           the
           returnes
           of
           their
           Commitments
           were
           severall
           warrants
           from
           the
           Lords
           of
           the
           Councell
           ,
           not
           expressing
           any
           cause
           ;
           yet
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           then
           sitting
           in
           the
           said
           Court
           ,
           deferred
           to
           baile
           the
           said
           
             Pargiter
          
           and
           
             Danvers
             ,
          
           and
           the
           eighteenth
           of
           June
           last
           ,
           made
           a
           rule
           for
           a
           new
           returne
           to
           be
           received
           ,
           which
           were
           returned
           the
           five
           and
           twentieth
           of
           June
           last
           ,
           
             in
             haec
             verba
             :
          
        
         
           
             Whereas
             his
             Majestie
             finding
             that
             his
             subjects
             of
             Scotland
             ,
             have
             in
             rebellious
             and
             hostile
             manner
             assembled
             themselves
             together
             ,
             and
             intend
             not
             onely
             to
             shake
             off
             their
             obedience
             unto
             his
             Majestie
             ,
             but
             also
             as
             enemies
             to
             invade
             and
             infest
             this
             his
             Kingdome
             of
             England
             ,
             to
             the
             danger
             of
             his
             Royall
             Person
             ,
             &c.
             
          
        
         
           For
           prevention
           whereof
           ,
           his
           Majestie
           hath
           by
           the
           advice
           of
           his
           Councell-board
           ,
           given
           speciall
           commandement
           to
           
           all
           the
           Lord
           Lievtenants
           of
           all
           the
           Counties
           of
           this
           Realme
           ,
           appointed
           for
           their
           Randenvouz
           ,
           in
           their
           severall
           and
           respective
           Counties
           ,
           there
           to
           be
           conducted
           and
           drawne
           together
           into
           a
           body
           for
           this
           service
           .
           And
           whereas
           his
           Majestie
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           ,
           and
           the
           constant
           custome
           of
           his
           Predecessours
           ,
           Kings
           and
           Queenes
           of
           this
           Realme
           ,
           hath
           power
           for
           the
           defence
           of
           this
           kingdome
           ,
           and
           resisting
           the
           force
           of
           the
           Enemies
           thereof
           ,
           to
           grant
           forth
           Commissions
           under
           his
           great
           Seale
           to
           such
           fit
           persons
           as
           he
           shall
           make
           choice
           of
           ,
           to
           array
           and
           arme
           the
           Subjects
           of
           this
           kingdome
           ,
           and
           to
           compell
           those
           who
           are
           of
           able
           body
           ,
           and
           of
           able
           estates
           ,
           to
           arme
           themselves
           ;
           and
           such
           as
           should
           not
           be
           able
           of
           bodies
           ,
           but
           of
           ability
           in
           estate
           ,
           to
           assesse
           them
           according
           to
           their
           estates
           ,
           to
           contribute
           towards
           the
           charge
           of
           arraying
           and
           arming
           others
           ,
           being
           able
           of
           body
           ,
           and
           not
           able
           in
           estate
           ,
           to
           arme
           themselves
           .
           And
           such
           persons
           as
           should
           be
           contrariant
           to
           commit
           to
           prison
           ,
           there
           to
           remaine
           untill
           the
           King
           should
           take
           further
           order
           therein
           .
        
         
           And
           whereas
           the
           Earle
           of
           Exeter
           ,
           by
           vertue
           of
           his
           Majesties
           Commission
           to
           him
           directed
           ,
           for
           the
           arraying
           and
           arming
           of
           a
           certaine
           number
           of
           persons
           in
           the
           County
           of
           Northampton
           ,
           hath
           assest
           
             William
             Pargiter
             ,
          
           being
           a
           man
           unfit
           of
           body
           for
           that
           service
           ,
           but
           being
           of
           estate
           and
           ability
           fit
           to
           contribute
           amongst
           others
           ,
           to
           pay
           the
           summe
           of
           five
           shillings
           towards
           the
           arraying
           and
           arming
           of
           others
           of
           able
           bodies
           ,
           and
           wanting
           ability
           to
           array
           and
           arme
           themselves
           .
        
         
           And
           whereas
           we
           have
           received
           information
           from
           the
           said
           Earle
           ,
           that
           the
           said
           
             William
             Pargiter
          
           hath
           not
           onely
           in
           a
           wilfull
           and
           disobedient
           manner
           refused
           to
           pay
           the
           said
           money
           assessed
           upon
           him
           towards
           so
           important
           a
           service
           ,
           to
           the
           disturbance
           and
           hinderance
           of
           the
           necessary
           defence
           of
           this
           kingdome
           ;
           but
           also
           by
           his
           ill
           example
           hath
           mis-led
           many
           others
           ,
           and
           ,
           as
           we
           have
           just
           cause
           to
           beleeve
           ,
           hath
           practised
           to
           seduce
           others
           from
           that
           ready
           obedience
           which
           
           they
           owe
           ,
           and
           would
           otherwise
           have
           yeelded
           to
           his
           Majesties
           just
           command
           ,
           for
           the
           publike
           defence
           of
           his
           person
           and
           kingdom
           ;
           which
           we
           purpose
           with
           all
           convenient
           speed
           to
           enquire
           further
           of
           and
           examine
           .
        
         
           These
           are
           therefore
           to
           will
           and
           require
           you
           ,
           to
           take
           into
           your
           custody
           the
           persons
           of
           the
           said
           
             William
             Pargiter
             ,
          
           and
           
             Samuel
             Danvers
          
           ;
           and
           them
           safely
           to
           keepe
           prisoners
           till
           further
           order
           from
           this
           Board
           ,
           or
           untill
           by
           due
           course
           of
           Law
           they
           shall
           be
           delivered
           :
           Yet
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           being
           desired
           to
           baile
           the
           said
           
             Pargiter
          
           and
           
             Danvers
             ,
          
           remitted
           them
           ,
           where
           they
           remained
           prisoners
           till
           the
           ninth
           of
           November
           last
           ,
           or
           thereabouts
           ,
           although
           the
           said
           
             Jennings
             ,
             Pargiter
             ,
          
           and
           
             Danvers
             ,
          
           on
           all
           and
           every
           the
           said
           returnes
           ,
           were
           cleerly
           baileable
           by
           Law
           ;
           and
           the
           Councell
           of
           the
           said
           
             Jennings
             ,
             Pargiter
             ,
          
           and
           
             Danvers
          
           ▪
           offered
           in
           Court
           very
           sufficient
           baile
           .
           And
           he
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           being
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           denied
           to
           grant
           his
           Majesties
           Writs
           of
           
             Habeas
             Corpus
          
           to
           very
           many
           others
           his
           Majesties
           subjects
           ;
           and
           when
           he
           had
           granted
           the
           said
           Writs
           of
           
             Habeas
             Corpus
          
           to
           very
           many
           others
           his
           Majesties
           subjects
           ,
           and
           on
           the
           returne
           no
           cause
           appeared
           ,
           or
           such
           onely
           as
           was
           clearly
           baileable
           by
           Law
           ;
           yet
           he
           remanded
           them
           ,
           where
           they
           remained
           prisoners
           very
           long
           ;
           which
           said
           deferring
           to
           grant
           the
           said
           Writs
           of
           
             Habeas
             Corpus
             ,
          
           and
           refusals
           ,
           and
           delayes
           to
           discharge
           prisoners
           ,
           or
           suffer
           them
           to
           be
           bailed
           ,
           contained
           in
           this
           Article
           ,
           are
           destructive
           to
           the
           fundamentall
           Lawes
           of
           this
           Realme
           ,
           and
           contrary
           to
           former
           resolutions
           in
           Parliament
           ,
           and
           to
           the
           petition
           of
           Right
           ;
           which
           said
           resolutions
           and
           petition
           of
           Right
           were
           well
           knowne
           to
           him
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           and
           were
           resolved
           on
           and
           enacted
           ,
           when
           he
           was
           the
           Kings
           Serjeant
           at
           Law
           ,
           and
           Attendant
           in
           the
           Lords
           House
           in
           Parliament
           .
        
         
           11
           That
           wheras
           there
           was
           a
           cause
           depending
           in
           the
           Court
           Christian
           at
           Norwich
           ,
           betweene
           
             Samuel
             Booty
          
           Clerke
           ,
           and
           〈◊〉
           
             Collard
          
           for
           2
           .
           s
           .
           in
           the
           l.
           for
           tithes
           ,
           for
           rents
           ,
           and
           
           houses
           in
           Norwich
           ,
           and
           the
           said
           
             Collard
          
           moved
           by
           his
           Councell
           in
           the
           Court
           of
           Kings
           Bench
           for
           a
           prohibition
           to
           stay
           proceedings
           in
           the
           Court
           Christian
           at
           Norwich
           ,
           and
           delivered
           into
           the
           said
           Court
           of
           Kings
           Bench
           his
           suggestions
           ,
           that
           the
           said
           cause
           in
           the
           said
           Court
           Christian
           was
           onely
           for
           tythes
           for
           rents
           of
           houses
           in
           Norwich
           ,
           which
           was
           determinable
           by
           the
           Common
           Law
           onely
           :
           yet
           hee
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           being
           one
           of
           the
           Justices
           of
           the
           said
           Court
           of
           Kings
           Bench
           ,
           and
           sitting
           in
           the
           said
           Court
           ,
           deferred
           to
           grant
           a
           Prohibition
           to
           the
           said
           Court
           Christian
           in
           the
           said
           cause
           ,
           although
           the
           Councell
           did
           move
           in
           the
           said
           Court
           many
           severall
           times
           ,
           and
           severall
           termes
           for
           a
           Prohibition
           :
           And
           he
           the
           said
           Sir
           
             Bobert
             Berkley
          
           deferred
           to
           grant
           his
           Majesties
           writ
           of
           Prohibition
           to
           severall
           other
           Courts
           on
           the
           motions
           of
           divers
           others
           of
           his
           Majesties
           subjects
           ,
           where
           the
           same
           by
           the
           Lawes
           of
           this
           Realme
           ought
           to
           have
           been
           granted
           ,
           contrary
           to
           the
           Laws
           of
           this
           Realme
           ,
           and
           his
           owne
           knowledge
           .
        
         
           All
           which
           words
           ,
           opinions
           ,
           and
           actions
           ,
           were
           so
           spoken
           and
           done
           by
           him
           the
           said
           Sir
           
             Robert
             Berkley
          
           traiterously
           and
           wickedly
           to
           alienate
           the
           hearts
           of
           his
           Majesties
           liege
           people
           from
           his
           Majestie
           ,
           and
           to
           set
           a
           division
           betwixt
           them
           ,
           and
           to
           subvert
           the
           fundamentall
           Lawes
           and
           established
           government
           of
           his
           Majesties
           Realme
           of
           England
           :
           For
           which
           they
           doe
           impeach
           him
           the
           said
           Sir
           
             Robert
             Berkley
          
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           of
           high
           treason
           against
           our
           Soveraigne
           Lord
           the
           King
           his
           Crowne
           and
           Dignity
           ,
           and
           of
           the
           misdemeanours
           above-mentioned
           .
        
         
           And
           the
           said
           Commons
           by
           protestation
           ,
           saving
           to
           themselves
           onely
           the
           liberties
           of
           exhibiting
           at
           any
           time
           hereafter
           ,
           any
           other
           accusation
           or
           impeachment
           against
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           and
           also
           of
           replying
           to
           the
           answer
           ,
           that
           he
           the
           said
           Sir
           
             Robert
             Berkley
          
           shal
           make
           to
           the
           said
           Articles
           ,
           or
           any
           of
           them
           ,
           or
           of
           offering
           proofe
           of
           the
           premisses
           ,
           or
           any
           other
           impeachments
           or
           accusations
           that
           shall
           be
           exhibited
           
           by
           them
           ,
           as
           the
           Case
           shall
           according
           to
           the
           course
           of
           Parliaments
           require
           ,
           Doe
           pray
           that
           the
           said
           Sir
           
             Robert
             Berkley
             ,
          
           one
           of
           the
           Justices
           of
           the
           Court
           of
           Kings
           Bench
           ,
           may
           be
           put
           to
           answer
           to
           all
           and
           every
           the
           premisses
           ;
           and
           that
           such
           proceedings
           ,
           examinations
           ,
           trialls
           ,
           judgements
           and
           executions
           ,
           may
           be
           upon
           every
           of
           them
           had
           and
           used
           ,
           as
           is
           agreeable
           to
           Law
           and
           Justice
           .
        
      
       
       
         
           Articles
           of
           the
           House
           of
           Commons
           ,
           in
           the
           name
           of
           themselves
           ,
           and
           all
           the
           Commons
           of
           England
           ,
           against
           Sir
           
             Iohn
             Brampston
          
           Knight
           ,
           Lord
           chiefe
           Iustice
           of
           the
           Court
           of
           Kings
           Bench
           ,
           impeaching
           him
           as
           followeth
           .
        
         
           1.
           
           THat
           the
           said
           Sir
           
             Iohn
             Brampston
             ,
          
           then
           being
           Lord
           Chiefe
           Iustice
           of
           the
           Court
           of
           Kings
           Bench
           ,
           and
           having
           taken
           an
           oath
           for
           the
           due
           administration
           of
           justice
           to
           his
           Majesties
           liege
           people
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           ,
           did
           on
           or
           about
           the
           last
           of
           November
           1635.
           subscribe
           his
           name
           to
           an
           opinion
           ,
           
             in
             haec
             verba
          
           :
           [
           I
           am
           of
           opinion
           ,
           that
           as
           where
           the
           benefit
           doth
           more
           peculiarly
           redound
           to
           the
           good
           of
           the
           Ports
           ,
           or
           Maritime
           ports
           ,
           (
           as
           in
           case
           of
           Pyracie
           or
           Depredations
           upon
           the
           Seas
           )
           there
           the
           charge
           hath
           beene
           ,
           and
           may
           be
           lawfully
           imposed
           upon
           them
           ,
           according
           to
           presidents
           of
           former
           times
           ;
           so
           where
           the
           good
           and
           safety
           of
           the
           kingdome
           in
           generall
           is
           concerned
           ,
           and
           the
           whole
           kingdome
           in
           danger
           ,
           (
           of
           which
           his
           Majestie
           is
           the
           onely
           Iudge
           )
           there
           the
           charge
           of
           the
           defence
           ought
           to
           be
           borne
           by
           all
           the
           realme
           in
           generall
           :
           this
           I
           hold
           agreeable
           both
           to
           Law
           and
           reason
           .
           ]
        
         
           2
           That
           hee
           the
           said
           Sir
           
             Iohn
             Brampston
             ,
          
           then
           being
           Lord
           cheife
           Iustice
           of
           the
           Court
           of
           Kings
           Bench
           ,
           about
           the
           Moneth
           of
           February
           ,
           1635.
           did
           subscribe
           an
           extrajudiciall
           opinion
           in
           answer
           to
           questions
           in
           a
           letter
           from
           his
           Majestie
           ,
           which
           letter
           ,
           questions
           and
           answer
           follow
           ,
           
             in
             haec
             verba
          
           ;
        
         
           
             
               Charles
               R.
            
             When
             the
             good
             and
             safetie
             of
             the
             Kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             
             in
             danger
             ,
             whether
             may
             not
             the
             King
             ,
             by
             writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             the
             Subjects
             of
             this
             kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             with
             Men
             ,
             Victuall
             and
             Munition
             ;
             and
             for
             such
             time
             ,
             as
             hee
             shall
             thinke
             fit
             ,
             for
             the
             defence
             and
             safeguard
             of
             the
             kingdome
             ,
             from
             such
             danger
             and
             perill
             ;
             and
             by
             Law
             compell
             the
             doing
             thereof
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             ?
             And
             whether
             in
             such
             case
             is
             not
             the
             King
             the
             sole
             Judge
             ,
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             be
             prevented
             and
             avoided
             ?
             
               C.
               R.
               
            
          
        
         
           
             May
             it
             please
             your
             most
             excellent
             Majestie
             ,
             We
             have
             ,
             according
             to
             your
             Majesties
             command
             ,
             severally
             every
             man
             by
             himselfe
             ,
             and
             all
             of
             us
             together
             ,
             taken
             into
             serious
             consideration
             the
             Case
             and
             Question
             signed
             by
             your
             Majestie
             ,
             and
             inclosed
             in
             your
             Royall
             letter
             ;
             and
             wee
             are
             of
             opinion
             ,
             that
             when
             the
             good
             and
             safety
             of
             the
             kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             in
             danger
             ,
             your
             Majestie
             may
             ,
             by
             writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             the
             Subjects
             of
             this
             your
             kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             with
             Men
             ,
             Victuall
             and
             Munition
             ;
             and
             for
             such
             time
             as
             your
             Majestie
             shall
             thinke
             fit
             ,
             for
             the
             defence
             and
             safeguard
             of
             the
             kingdome
             ,
             from
             such
             danger
             and
             perill
             ;
             and
             that
             by
             Law
             your
             Majestie
             may
             compell
             the
             doing
             thereof
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             :
             And
             we
             are
             also
             of
             opinion
             that
             in
             such
             case
             your
             Majesty
             is
             the
             sole
             Judge
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             bee
             prevented
             and
             avoided
             .
             
               John
               Brampston
               ,
               John
               Finch
               ,
               Humphrey
               Davenport
               ,
               John
               Denham
               ,
               Richard
               Hutton
               ,
               William
               Jones
               ,
               George
               Crooke
               ,
               Thomus
               Trevor
               ,
               George
               Vernon
               ,
               Robert
               Berkley
               ,
               Francis
               Crawley
               ,
               Richard
               Weston
               .
            
          
        
         
           Which
           said
           opinions
           contained
           in
           the
           first
           and
           second
           Articles
           ,
           are
           destructive
           to
           the
           fundamentall
           Lawes
           of
           this
           Realme
           ,
           the
           subjects
           right
           of
           property
           ,
           and
           contrary
           to
           former
           resolutions
           in
           Parliament
           ,
           and
           to
           the
           petition
           of
           right
           .
        
         
         
           3
           That
           he
           the
           said
           Sir
           John
           Brampston
           ,
           then
           Lord
           chief
           Justice
           of
           the
           Court
           of
           Kings
           Bench
           ,
           about
           Trinity
           Terme
           ,
           1637.
           refused
           to
           baile
           or
           discharge
           Alexander
           Jennings
           prisoner
           in
           the
           Fleet
           ,
           brought
           by
           
             Habeas
             Corpus
          
           to
           the
           barre
           before
           him
           ,
           the
           returne
           of
           this
           Commitment
           being
           two
           severall
           warrants
           from
           the
           Lords
           of
           the
           Councell
           ,
           dated
           the
           fifth
           of
           November
           1635.
           the
           first
           expressing
           no
           cause
           ,
           the
           other
           for
           not
           paying
           messengers
           fees
           ,
           and
           untill
           he
           should
           bring
           certificate
           that
           he
           had
           paid
           his
           Assessement
           for
           ship-money
           ,
           in
           the
           County
           of
           Bucks
           :
           And
           the
           said
           Sir
           John
           Brampston
           ,
           the
           first
           warrant
           being
           onely
           read
           ,
           then
           said
           ,
           The
           cause
           of
           this
           Commitment
           did
           not
           appeare
           ;
           and
           it
           was
           not
           fit
           for
           every
           Goaler
           to
           be
           made
           acquainted
           by
           the
           Lords
           of
           the
           Councell
           why
           they
           committed
           ,
           and
           therfore
           remitted
           him
           ;
           and
           in
           Michaelmas
           Terme
           after
           ,
           the
           said
           Jennings
           being
           brought
           by
           another
           
             Habeas
             Corpus
             ,
          
           as
           aforesaid
           ,
           and
           the
           same
           returned
           ,
           yet
           hee
           the
           said
           Sir
           John
           Brampston
           ,
           refused
           to
           discharge
           or
           baile
           him
           ,
           but
           remitted
           him
           .
           And
           in
           Easter
           Terme
           next
           ,
           after
           severall
           rules
           for
           his
           Majesties
           Councell
           to
           shew
           cause
           why
           he
           the
           said
           Jennings
           should
           not
           be
           bailed
           ,
           a
           fourth
           rule
           was
           made
           for
           the
           said
           Jennings
           ,
           to
           let
           his
           Majesties
           Attorney
           have
           notice
           ,
           which
           notice
           was
           given
           accordingly
           ,
           yet
           he
           remitted
           him
           .
           And
           the
           said
           Jennings
           by
           another
           
             Habeas
             Corpus
          
           brought
           to
           the
           Barre
           ,
           as
           aforesaid
           ,
           in
           Trinity
           Terme
           after
           ,
           and
           the
           same
           returne
           with
           the
           addition
           of
           a
           new
           Commitment
           of
           the
           fourth
           of
           May
           ,
           1638.
           suggested
           ,
           that
           he
           the
           said
           Jennings
           had
           used
           divers
           scandalous
           words
           in
           derogation
           and
           disparagement
           of
           his
           Majesties
           government
           ;
           after
           severall
           rules
           ,
           in
           the
           end
           of
           the
           said
           Trinity
           Terme
           ,
           hee
           againe
           remitted
           him
           to
           prison
           .
           And
           he
           the
           said
           Sir
           John
           Brampston
           ,
           about
           the
           ninth
           of
           July
           after
           ,
           at
           his
           chamber
           in
           Serjeants
           Inne
           ,
           being
           desired
           by
           Master
           Meautis
           ,
           one
           of
           the
           Clerkes
           of
           the
           Councell-board
           ,
           to
           discharge
           the
           said
           Jennings
           ,
           for
           that
           he
           the
           said
           Jennings
           had
           entred
           into
           a
           Bond
           of
           1000.
           pounds
           ,
           to
           appeare
           before
           the
           Lords
           of
           the
           
           Councell
           the
           next
           Michelmas
           Terme
           after
           ,
           and
           to
           attend
           
             de
             die
             in
             diem
          
           ;
           yet
           hee
           the
           said
           Sir
           
             John
             Brampston
          
           refused
           to
           discharge
           the
           said
           
             Jennings
          
           untill
           hee
           entered
           into
           Recognizance
           to
           appeare
           the
           next
           Terme
           ,
           and
           in
           the
           meane
           time
           to
           bee
           of
           his
           good
           behaviour
           .
           And
           the
           said
           
             Jennings
          
           was
           continued
           on
           his
           said
           Recognizance
           till
           Easter
           Terme
           after
           .
           And
           the
           said
           Sir
           
             Iohn
             Brampston
             ,
          
           did
           on
           the
           5.
           of
           June
           ,
           1640.
           deferre
           to
           grant
           his
           Majesties
           writ
           of
           
             habeas
             Corpus
          
           for
           
             Samuel
             Danvers
             ,
          
           and
           
             William
             Pargiter
          
           Esquires
           ,
           prisoners
           in
           the
           Gate-house
           ,
           and
           in
           the
           Fleet
           ;
           and
           when
           hee
           had
           granted
           the
           said
           writ
           ,
           the
           said
           eighth
           of
           
             Iune
          
           after
           the
           returne
           ,
           being
           the
           order
           of
           the
           Councell
           Table
           ,
           not
           expressing
           any
           cause
           ,
           hee
           the
           said
           Sir
           
             Iohn
             Brampston
          
           deferred
           to
           baile
           the
           said
           
             Pargiter
             .
          
           And
           the
           eighteenth
           of
           
             Iune
          
           after
           made
           a
           rule
           for
           a
           new
           returne
           to
           bee
           received
           ,
           which
           was
           returned
           the
           five
           and
           twentieth
           of
           the
           said
           
             Iune
             ,
             in
             haec
             verba
             :
          
        
         
           Whereas
           his
           Majesty
           finding
           that
           his
           Subjects
           of
           
             Scotland
             ,
          
           have
           in
           rebellious
           and
           hostile
           manner
           assembled
           themselves
           together
           ,
           and
           intend
           not
           onely
           to
           shake
           off
           their
           obedience
           unto
           his
           Majesty
           ,
           but
           also
           as
           enemies
           to
           invade
           and
           infest
           this
           his
           Kingdome
           of
           
             England
             ,
          
           to
           the
           danger
           of
           his
           royall
           person
           ,
           &c.
           
        
         
           For
           prevention
           whereof
           his
           Majesty
           hath
           ,
           by
           the
           advice
           of
           his
           Councell-board
           ,
           given
           speciall
           commandement
           to
           all
           the
           Lord
           Lievtenants
           of
           all
           the
           Counties
           of
           his
           Realme
           .
           with
           expedition
           ,
           to
           array
           and
           arme
           a
           certaine
           number
           of
           able
           men
           in
           each
           County
           ,
           to
           be
           prepared
           ,
           and
           ready
           to
           be
           conducted
           to
           such
           place
           as
           should
           be
           appointed
           for
           their
           Randezvouz
           ,
           in
           their
           severall
           and
           respective
           Counties
           ,
           there
           to
           be
           conducted
           and
           drawne
           together
           into
           a
           body
           for
           this
           service
           .
        
         
           And
           whereas
           his
           Majesty
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           ,
           and
           the
           constant
           custome
           of
           his
           Predecessours
           ,
           Kings
           and
           Queenes
           of
           this
           Realme
           hath
           power
           ,
           for
           the
           defence
           of
           this
           Kingdome
           ,
           and
           resisting
           the
           
           force
           of
           the
           enemies
           thereof
           ,
           to
           grant
           forth
           Commissions
           under
           his
           great
           Seale
           to
           such
           fit
           persons
           as
           he
           shall
           make
           choice
           of
           ,
           to
           array
           and
           arme
           the
           subjects
           of
           this
           Kingdome
           ,
           and
           to
           compell
           those
           who
           are
           of
           able
           bodies
           ,
           and
           of
           able
           estates
           ,
           to
           arme
           themselves
           ;
           and
           such
           as
           should
           not
           be
           of
           able
           bodies
           ,
           but
           of
           ability
           in
           estate
           ,
           to
           assesse
           them
           according
           to
           their
           estates
           ,
           to
           contribute
           towards
           the
           charge
           of
           arraying
           and
           arming
           others
           being
           able
           of
           body
           ,
           and
           not
           able
           in
           estate
           to
           arme
           themselves
           :
           And
           such
           persons
           as
           should
           be
           contrariant
           to
           commit
           to
           prison
           ,
           there
           to
           remaine
           untill
           the
           King
           should
           take
           further
           order
           therein
           .
        
         
           And
           whereas
           the
           Earle
           of
           
             Exeter
             ,
          
           by
           vertue
           of
           his
           Majesties
           Commission
           to
           him
           directed
           ,
           for
           the
           arraying
           and
           arming
           of
           a
           certaine
           number
           of
           persons
           in
           the
           County
           of
           
             Northampton
             ,
          
           hath
           assest
           
             William
             Pargiter
          
           being
           a
           man
           unfit
           of
           body
           for
           that
           service
           ,
           but
           being
           of
           estate
           and
           ability
           fit
           to
           contribute
           ,
           amongst
           others
           ,
           to
           pay
           the
           summe
           of
           five
           shillings
           towards
           the
           arraying
           and
           arming
           of
           others
           of
           able
           bodies
           ,
           and
           wanting
           ability
           to
           arme
           and
           array
           themselves
           .
        
         
           And
           whereas
           wee
           have
           received
           information
           from
           the
           said
           Earle
           ,
           that
           the
           said
           
             William
             Pargiter
          
           hath
           not
           onely
           in
           a
           wilfull
           and
           disobedient
           manner
           refused
           to
           pay
           the
           said
           money
           assessed
           upon
           him
           towards
           so
           important
           a
           service
           ,
           to
           the
           disturbance
           and
           hinderance
           of
           the
           necessary
           defence
           of
           this
           Kingdome
           ;
           but
           also
           by
           his
           ill
           example
           hath
           mis-led
           many
           others
           ,
           and
           ,
           as
           wee
           have
           just
           cause
           to
           beleeve
           ,
           hath
           practised
           to
           〈◊〉
           others
           from
           that
           ready
           obedience
           which
           they
           owe
           ,
           and
           would
           otherwise
           have
           yeelded
           to
           his
           Majesties
           just
           command
           ,
           for
           the
           publick
           defence
           of
           his
           person
           and
           Kingdome
           ;
           which
           wee
           purpose
           with
           all
           convenient
           speed
           to
           enquire
           further
           of
           and
           examine
           .
        
         
           These
           are
           therefore
           to
           will
           and
           require
           you
           to
           take
           into
           your
           custody
           the
           person
           of
           the
           said
           
             William
             Pargiter
             ,
          
           and
           him
           also
           safely
           to
           keepe
           prisoner
           till
           further
           order
           from
           this
           Board
           ,
           or
           untill
           by
           due
           course
           of
           Law
           hee
           shall
           be
           delivered
           
           (
           And
           the
           like
           returne
           was
           then
           made
           in
           all
           things
           ,
           
             mutatis
             mutandis
             ,
          
           concerning
           the
           said
           
             Danvers
          
           for
           not
           paying
           a
           sum
           of
           money
           assessed
           upon
           him
           :
           )
           yet
           hee
           the
           said
           Sir
           
             John
             Brampston
          
           defered
           to
           baile
           the
           said
           
             Danvers
          
           and
           
             Pargiter
             ,
          
           but
           remitted
           the
           said
           
             Danvers
          
           to
           the
           Fleet
           ,
           where
           he
           remained
           till
           the
           twefth
           of
           July
           ,
           1640.
           and
           the
           said
           
             Pargiter
          
           to
           the
           pison
           of
           the
           Gate-house
           ,
           where
           he
           remained
           till
           the
           ninth
           of
           November
           last
           ,
           although
           the
           said
           
             Jennings
             ,
             Danvers
          
           and
           
             Pargiter
             ,
          
           upon
           all
           and
           every
           the
           said
           returnes
           ,
           ought
           to
           have
           been
           discharged
           or
           bailed
           by
           Law
           ;
           and
           the
           Councell
           of
           the
           said
           
             Jennings
             ,
             Danvers
          
           and
           
             Pargiter
          
           offered
           in
           Court
           very
           sufficient
           baile
           .
           And
           he
           the
           said
           Sir
           
             John
             Brampston
          
           being
           chief
           Justice
           of
           the
           Court
           of
           Kings
           Bench
           ,
           denyed
           to
           grant
           his
           Majesties
           writ
           of
           
             habeas
             Corpus
          
           to
           very
           many
           others
           his
           Majesties
           subjects
           :
           and
           when
           he
           had
           granted
           the
           said
           writs
           of
           
             habeas
             Corpus
          
           to
           very
           many
           others
           his
           Majesties
           subjects
           ,
           and
           on
           the
           returne
           no
           cause
           appeared
           ,
           or
           such
           cause
           onely
           as
           was
           clearly
           baileable
           by
           Law
           ,
           yet
           he
           remanded
           them
           ,
           where
           they
           remained
           prisoners
           very
           long
           ;
           which
           said
           deferring
           to
           grant
           the
           said
           writs
           of
           
             habeas
             Corpus
             ,
          
           and
           refusall
           ,
           and
           delayes
           to
           discharge
           prisoners
           ,
           or
           suffer
           them
           to
           be
           bailed
           ,
           contained
           in
           this
           Article
           ,
           are
           destructive
           to
           the
           fundamentall
           Lawes
           of
           this
           Realme
           ,
           and
           contrary
           to
           former
           resolutions
           in
           Parliament
           ,
           and
           to
           the
           petition
           of
           Right
           ;
           which
           said
           resolutions
           and
           petition
           of
           Right
           were
           well
           knowne
           to
           him
           the
           said
           Sir
           
             John
             Brampston
             .
          
        
         
           4
           That
           whereas
           there
           was
           a
           cause
           depending
           in
           the
           Court
           Christian
           at
           Norwich
           ,
           between
           
             Samuel
             Booty
          
           Clerke
           ,
           and
           〈◊〉
           
             Collard
          
           for
           two
           shillings
           in
           the
           pound
           for
           tithes
           for
           rents
           of
           houses
           in
           Norwich
           ,
           and
           the
           said
           
             Collard
          
           moved
           by
           his
           Councell
           in
           the
           Court
           of
           Kings
           Bench
           for
           a
           prohibition
           to
           stay
           proceedings
           in
           the
           Court
           Christian
           at
           Norwich
           ,
           and
           delivered
           into
           the
           said
           Court
           of
           Kings
           Bench
           his
           suggestions
           ,
           that
           the
           said
           cause
           in
           the
           said
           Court
           Christian
           was
           for
           tithes
           for
           rents
           of
           houses
           in
           Norwich
           ,
           
           
             which
             was
             determinable
             by
             the
             Common
             Law
             onely
             ;
             yet
             hee
             the
             said
             Sir
          
           John
           Brampston
           ,
           
             being
             chiefe
             Justice
             of
             the
             said
             Court
             of
             Kings
             bench
             ,
             and
             sitting
             in
             the
             said
             court
             ,
             deferred
             to
             graunt
             a
             prohibition
             to
             the
             said
             Court
             christian
             in
             the
             said
             cause
             ,
             although
             the
             Councell
             did
             move
             in
             the
             said
             court
             severall
             times
             and
             severall
             Termes
             for
             a
             prohibition
             :
             And
             hee
             the
             said
             Sir
             John
             Bramston
             deferred
             to
             graunt
             his
             Maiesties
             Writ
             of
             prohibition
             to
             severall
             other
             Courts
             on
             the
             motions
             of
             divers
             others
             his
             Majesties
             subjects
             ,
             where
             the
             same
             by
             the
             lawes
             of
             this
             Realme
             ought
             to
             have
             been
             graunted
             ,
             contrary
             to
             the
             lawes
             of
             this
             Realme
             and
             his
             owne
             knowledge
             .
          
        
         
           
             And
             the
             said
             Commons
             by
             Protestation
             saving
             to
             themselves
             onely
             the
             liberties
             of
             exhibiting
             at
             anytime
             hereafter
             ,
             any
             other
             accusation
             or
             impeachment
             ,
             &c.
             ut
             supra
             ,
             in
             the
             former
             charge
             .
          
        
      
       
       
         
           Articles
           of
           the
           House
           of
           Commons
           in
           the
           name
           of
           themselves
           ,
           and
           of
           all
           the
           Commons
           of
           England
           ,
           against
           Sir
           
             Francis
             Crawley
          
           Knight
           ,
           one
           of
           the
           Iustices
           of
           his
           Majesties
           Court
           of
           Common-pleas
           ,
           impeaching
           him
           as
           followeth
           .
        
         
           1.
           
           THat
           he
           about
           the
           Moneth
           of
           November
           
             Anno
             Dom.
          
           1635.
           then
           being
           one
           of
           the
           Iustices
           of
           the
           Court
           of
           Common-pleas
           ,
           &
           having
           taken
           an
           oath
           for
           the
           due
           administration
           of
           Iustice
           to
           his
           Majesties
           liege
           people
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           ,
           subscribed
           an
           opinion
           in
           
             haec
             verba
          
           :
           [
           I
           am
           of
           opinion
           ,
           that
           as
           where
           the
           benefit
           doth
           more
           peculiarly
           redound
           to
           the
           good
           of
           the
           Ports
           ,
           or
           Maritime
           parts
           ,
           (
           as
           in
           case
           of
           Pyracie
           or
           Depredations
           upon
           the
           Seas
           )
           there
           the
           charge
           hath
           beene
           ,
           and
           may
           be
           lawfully
           imposed
           upon
           them
           ,
           according
           to
           presidents
           of
           former
           times
           ;
           so
           where
           the
           good
           and
           safety
           of
           the
           Kingdome
           in
           generall
           is
           concerned
           ,
           and
           the
           whole
           kingdome
           in
           danger
           ,
           (
           of
           which
           his
           Majestie
           is
           the
           onely
           Iudge
           )
           there
           the
           charge
           of
           the
           defence
           ought
           to
           be
           borne
           by
           all
           the
           Realme
           in
           generall
           :
           this
           I
           hold
           agreeable
           both
           to
           Law
           and
           reason
           .
           ]
        
         
           2.
           
           That
           he
           ,
           in
           or
           about
           the
           moneth
           of
           February
           ,
           
             An.
             
             Dom.
          
           1636.
           then
           being
           one
           of
           the
           Iustices
           of
           the
           said
           Court
           of
           Common-pleas
           ,
           subscribed
           an
           extrajudiciall
           opinion
           ,
           in
           answer
           to
           questions
           in
           a
           letter
           from
           his
           Majestie
           ,
           
             in
             haec
             verba
          
           :
        
         
           
             
               Charles
               R.
            
             When
             the
             good
             and
             safetie
             of
             the
             kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             in
             danger
             ,
             Whether
             may
             not
             the
             King
             ,
             by
             writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             the
             Subjects
             of
             this
             kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             with
             Men
             ,
             Victuall
             and
             Munition
             ;
             and
             
             for
             such
             time
             as
             hee
             shall
             think
             fit
             for
             the
             defence
             and
             safeguard
             of
             the
             Kingdome
             from
             such
             danger
             and
             peril
             ,
             and
             by
             Law
             compell
             the
             doing
             thereof
             ,
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             :
             And
             whether
             in
             such
             case
             is
             not
             the
             King
             the
             sole
             Iudge
             ,
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             be
             prevented
             and
             avoyded
             ,
             
               C.R.
               
            
          
        
         
           
             May
             it
             please
             your
             most
             excellent
             Majestie
             ,
             wee
             have
             ,
             according
             to
             your
             Majesties
             command
             ,
             severally
             every
             man
             by
             himselfe
             ,
             and
             all
             of
             us
             together
             ,
             taken
             into
             serious
             consideration
             the
             Case
             and
             Question
             signed
             by
             your
             Majestie
             ,
             and
             inclosed
             in
             your
             Royall
             letter
             ;
             and
             we
             are
             of
             opinion
             ,
             that
             when
             the
             good
             and
             safetie
             of
             the
             Kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             in
             danger
             ,
             your
             Majestie
             may
             ,
             by
             Writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             the
             Subjects
             of
             this
             your
             Kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             ,
             with
             Men
             ,
             Victuall
             and
             Munition
             ,
             and
             for
             such
             time
             as
             your
             Majestie
             shall
             think
             fit
             ,
             for
             the
             defence
             and
             safeguard
             of
             the
             Kingdome
             ,
             from
             such
             danger
             and
             perill
             ;
             and
             that
             by
             Law
             your
             Majestie
             may
             compell
             the
             doing
             thereof
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             :
             And
             wee
             are
             also
             of
             opinion
             that
             in
             such
             case
             your
             Majestie
             is
             the
             sole
             Iudge
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             bee
             prevented
             and
             avoyded
             .
             
               Iohn
               Brampston
               ,
               Iohn
               Finch
               ,
               Humphrey
               Davenport
               ,
               Iohn
               Denham
               ,
               Richard
               Hutton
               ,
               William
               Iones
               ,
               George
               Crooke
               ,
               Thomas
               Trevor
               ,
               George
               Vernon
               ,
               Robert
               Berkley
               ,
               Francis
               Crawley
               ,
               Richard
               Weston
               .
            
          
        
         
           3
           That
           he
           then
           being
           one
           of
           the
           Iustices
           of
           the
           said
           Court
           of
           Common-pleas
           ,
           delivered
           an
           opinion
           in
           the
           Exchequer
           Chamber
           against
           
             Iohn
             Hampden
          
           Esquire
           ,
           in
           case
           of
           Ship-money
           ;
           that
           hee
           the
           said
           
             Iohn
             Hampden
          
           upon
           the
           matter
           and
           substance
           of
           the
           case
           ,
           was
           chargeable
           with
           the
           money
           then
           in
           question
           ,
           (
           a
           Copie
           of
           which
           proceedings
           and
           judgement
           ,
           the
           Commons
           of
           this
           present
           Parliament
           have
           already
           delivered
           to
           your
           Lordships
           .
           )
        
         
         
           4
           That
           hee
           then
           being
           one
           of
           the
           Justices
           of
           the
           said
           Court
           of
           Common-pleas
           ,
           declared
           and
           published
           in
           the
           Exchequer
           Chamber
           ,
           and
           Westminster
           Circuits
           ,
           where
           he
           went
           Judge
           ,
           That
           the
           Kings
           Right
           to
           Ship-money
           was
           so
           inherent
           a
           Right
           in
           the
           Crown
           ,
           as
           an
           Act
           of
           Parliament
           could
           not
           take
           it
           away
           .
           And
           with
           divers
           malitious
           speeches
           enveighed
           against
           ,
           threatned
           and
           discountenanced
           such
           as
           refused
           to
           pay
           Ship-money
           .
           All
           which
           opinions
           and
           judgements
           contained
           in
           the
           first
           ,
           second
           ,
           and
           third
           Articles
           ,
           are
           destructive
           to
           the
           fundamentall
           Lawes
           of
           this
           Realme
           ,
           the
           Subjects
           right
           of
           propertie
           ,
           and
           contrary
           to
           former
           resolutions
           in
           Parliament
           ,
           and
           to
           the
           Petition
           of
           Right
           ,
           which
           said
           resolutions
           and
           Petition
           of
           Right
           were
           well
           known
           to
           him
           .
        
         
           And
           the
           said
           Commons
           by
           protestation
           ,
           saving
           to
           themselves
           only
           the
           Liberties
           of
           exhibiting
           at
           any
           time
           hereafter
           any
           other
           accusation
           or
           impeachment
           against
           the
           said
           Sir
           
             Francis
             Crawley
             ,
          
           and
           also
           of
           replying
           to
           the
           answer
           that
           he
           the
           said
           Sir
           
             Francis
             Crawley
          
           shall
           make
           unto
           the
           said
           Articles
           ,
           or
           any
           of
           them
           ,
           or
           of
           offering
           proofe
           of
           the
           premisses
           ,
           or
           of
           any
           of
           their
           impeachments
           ,
           or
           accusations
           that
           shall
           be
           exhibited
           by
           them
           ,
           as
           the
           Case
           shall
           according
           to
           the
           course
           of
           Parliaments
           require
           ,
           Doe
           pray
           that
           the
           said
           Sir
           
             Francis
             Crawley
             ,
          
           one
           of
           the
           Justices
           of
           the
           said
           Court
           of
           Common-pleas
           ,
           may
           bee
           put
           to
           answer
           to
           all
           and
           every
           the
           premisses
           ;
           and
           that
           such
           proceedings
           ,
           examinations
           ,
           trialls
           ,
           and
           judgements
           may
           bee
           upon
           every
           of
           them
           had
           and
           used
           ,
           as
           is
           agreeable
           to
           Law
           and
           Justice
           .
        
      
       
       
         
           Articles
           of
           the
           House
           of
           Commons
           in
           the
           name
           of
           themselves
           ,
           and
           of
           all
           the
           Commons
           of
           England
           ,
           against
           Sir
           
             Humphrey
             Davenport
          
           Knight
           ,
           Lord
           chiefe
           Baron
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           impeaching
           him
           as
           followeth
           .
        
         
           THat
           whereas
           in
           the
           moneth
           of
           October
           ,
           in
           the
           fourth
           yeare
           of
           his
           Majesties
           Reigne
           ,
           the
           Farmours
           and
           Officers
           of
           the
           Custome-house
           ,
           having
           seized
           great
           quantities
           of
           Currants
           ,
           being
           the
           goods
           of
           
             Samuel
             Vassall
          
           Merchant
           ,
           and
           having
           conveyed
           them
           into
           certaine
           Store-houses
           at
           the
           Custome-house
           and
           detained
           them
           ,
           because
           the
           said
           
             Samuel
             Vassall
          
           refused
           to
           pay
           an
           imposition
           of
           five
           shillings
           six
           pence
           upon
           every
           hundred
           weight
           of
           the
           said
           Currants
           ,
           pretended
           to
           be
           due
           ,
           and
           demanded
           by
           the
           said
           Farmours
           and
           Officers
           on
           his
           Majesties
           behalfe
           for
           the
           said
           Currants
           ,
           whereas
           no
           such
           imposition
           was
           due
           or
           payable
           for
           the
           same
           ;
           but
           the
           said
           imposition
           was
           and
           is
           against
           the
           Lawes
           of
           this
           Realme
           .
           And
           whereas
           also
           in
           Michaelmas
           Terme
           ,
           in
           the
           said
           fourth
           yeare
           of
           his
           Majesties
           Reigne
           ,
           his
           Majesties
           then
           Attorney
           generall
           exhibited
           an
           information
           by
           English
           Bill
           in
           the
           Exchequer
           ,
           against
           the
           said
           
             Samuel
             Vassall
             ,
          
           setting
           forth
           that
           King
           
             James
          
           by
           his
           Letters
           Patents
           dated
           
             tertio
             Novem.
          
           in
           the
           second
           yeare
           of
           his
           Reigne
           ,
           did
           command
           the
           said
           imposition
           of
           5.
           s.
           6.
           d.
           upon
           every
           hundred
           weight
           of
           Currants
           should
           bee
           demanded
           and
           received
           :
           And
           that
           his
           Majestie
           that
           now
           is
           ,
           by
           his
           Letters
           Patents
           dated
           the
           six
           and
           twentieth
           day
           of
           July
           ,
           in
           the
           second
           yeare
           of
           his
           Reigne
           ,
           did
           ,
           by
           advise
           of
           his
           Privie
           Councell
           ,
           declare
           his
           will
           and
           pleasure
           be
           ,
           that
           Subsidies
           ,
           Customes
           and
           Impost
           should
           be
           levied
           in
           such
           manner
           as
           they
           were
           in
           the
           time
           of
           King
           
             James
          
           ;
           and
           the
           same
           ,
           and
           
           the
           Farmes
           thereof
           to
           continue
           untill
           it
           might
           receive
           a
           setling
           by
           Parliament
           ,
           and
           commanded
           the
           levying
           and
           receiving
           the
           same
           accordingly
           ;
           and
           that
           the
           said
           
             Samuel
             Vassall
          
           before
           the
           said
           first
           day
           of
           October
           then
           last
           before
           the
           said
           Information
           exhibited
           ,
           did
           bring
           into
           the
           port
           of
           London
           in
           ships
           foure
           thousand
           six
           hundred
           thirty
           eight
           hundred
           weight
           of
           Currants
           ;
           and
           that
           
             Richard
             Carmarthen
          
           Surveyour
           in
           the
           said
           port
           of
           London
           ,
           the
           said
           first
           day
           of
           October
           demanded
           of
           the
           said
           
             Samuel
             Vassall
          
           the
           said
           Imposition
           of
           five
           shillings
           six
           pence
           for
           every
           hundred
           weight
           of
           the
           said
           Currants
           ;
           and
           that
           the
           said
           
             Samuel
             Vassall
          
           refused
           to
           pay
           the
           said
           imposition
           ,
           and
           unjustly
           detained
           it
           from
           the
           King
           :
           To
           which
           Information
           the
           said
           
             Samuel
             Vassall
          
           appeared
           ,
           and
           pleaded
           the
           Statute
           of
           
             Magna
             Charta
             ,
          
           and
           the
           Statute
           of
           
             De
             Tallagio
             non
             concedendo
             ,
          
           and
           that
           he
           was
           a
           Subject
           borne
           under
           the
           Kings
           Allegiance
           ,
           and
           a
           Merchant
           of
           London
           using
           that
           trade
           ,
           and
           that
           the
           said
           summe
           of
           five
           shillings
           six
           pence
           upon
           every
           hundred
           weight
           of
           Currants
           ,
           was
           and
           is
           
             malum
             taluetum
             ,
          
           and
           not
           
             antiqua
             ,
             seu
             recta
             consuetudo
             ,
          
           and
           that
           it
           was
           imposed
           without
           assent
           of
           Parliament
           :
           to
           which
           Plea
           the
           said
           Attourney
           Generall
           demurred
           in
           Law
           ,
           and
           the
           said
           
             Samuel
             Vassall
          
           joyned
           in
           demurer
           with
           him
           ;
           and
           when
           the
           said
           cause
           came
           to
           bee
           argued
           ,
           
             viz.
          
           in
           Trinity
           Terme
           ,
           in
           the
           sixth
           yeare
           of
           his
           Majesties
           Reigne
           ,
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           being
           then
           Lord
           chiefe
           Baron
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           did
           contrary
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Lawes
           of
           this
           Realme
           ,
           and
           to
           the
           great
           impoverishment
           of
           the
           said
           
             Samuel
             Vassall
             ,
          
           publickly
           deny
           to
           heare
           the
           Counsell
           of
           the
           said
           
             Samuel
             Vassall
          
           to
           argue
           for
           him
           ,
           and
           said
           ,
           that
           the
           Case
           of
           the
           said
           
             Samuel
             Vassall
          
           would
           fall
           under
           the
           same
           rule
           with
           the
           case
           of
           one
           
             Bates
             ,
          
           and
           therefore
           was
           already
           judged
           :
           and
           when
           the
           Councell
           of
           the
           said
           
             Samuel
             Vassall
          
           answering
           that
           they
           had
           nothing
           to
           doe
           with
           
             Bates
          
           
           his
           Case
           ,
           but
           desired
           to
           argue
           for
           
             M.
             Vassall
             ,
          
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           replied
           ,
           that
           they
           knew
           the
           opinion
           of
           the
           Court
           ,
           and
           should
           be
           heard
           no
           further
           ;
           and
           said
           ,
           that
           the
           King
           was
           in
           possession
           ,
           and
           that
           they
           (
           meaning
           the
           said
           Court
           of
           Exchequer
           )
           would
           keep
           him
           in
           possession
           :
           And
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           shortly
           after
           did
           (
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           )
           imprison
           the
           said
           
             Samuel
             Vassall
          
           for
           not
           paying
           such
           summes
           of
           money
           ,
           as
           were
           pretended
           by
           the
           said
           Officers
           of
           the
           Custome-house
           ,
           to
           bee
           due
           to
           his
           Majestie
           ,
           and
           did
           delay
           the
           said
           
             Samuel
             Vassall
          
           from
           time
           to
           time
           ,
           from
           having
           restitution
           of
           his
           said
           goods
           ,
           being
           often
           in
           Court
           moved
           thereto
           ,
           with
           intention
           to
           force
           the
           said
           
             Samuel
             Vassall
          
           to
           pay
           the
           said
           unlawfull
           imposition
           ,
           and
           did
           also
           give
           his
           opinion
           and
           judgement
           upon
           the
           said
           Information
           for
           the
           King
           ,
           and
           against
           the
           said
           
             Samuel
             Vassall
          
           ;
           and
           by
           severall
           orders
           for
           that
           purpose
           made
           ,
           did
           continue
           the
           possession
           of
           the
           said
           goods
           in
           the
           King
           ,
           and
           the
           said
           
             Samuel
             Vassall
          
           could
           never
           obtaine
           any
           restitution
           at
           all
           of
           his
           said
           goods
           :
           whereas
           it
           was
           commanded
           to
           the
           Sheriffe
           of
           the
           County
           of
           York
           ,
           by
           Writ
           under
           the
           Seale
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           dated
           the
           sixteenth
           day
           of
           May
           in
           the
           seventh
           yeare
           of
           his
           Majesties
           Reigne
           that
           now
           is
           ,
           That
           he
           should
           distraine
           
             James
             Maleverer
          
           Esquire
           ,
           to
           appeare
           before
           the
           Barons
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           in
           the
           Octaves
           of
           the
           holy
           Trinity
           then
           next
           following
           ,
           to
           make
           fine
           to
           the
           King
           for
           his
           trespasse
           and
           contempt
           in
           not
           comming
           to
           the
           presence
           of
           the
           King
           before
           the
           31.
           day
           of
           January
           in
           the
           first
           yeare
           of
           his
           said
           Majesties
           Reigne
           ,
           to
           take
           upon
           him
           the
           order
           of
           Knighthood
           ,
           according
           to
           the
           forme
           of
           a
           Proclamation
           in
           that
           behalfe
           formerly
           made
           :
           At
           which
           day
           of
           the
           said
           Octaves
           of
           the
           holy
           Trinity
           ,
           the
           said
           
             J.
             Maleverer
          
           did
           appeare
           ,
           and
           pleaded
           to
           the
           said
           Writs
           ,
           that
           although
           his
           said
           Majesty
           ,
           the
           said
           31.
           day
           of
           January
           ,
           and
           for
           three
           yeeres
           next
           before
           ,
           the
           said
           31.
           
           day
           of
           January
           was
           resident
           and
           remaining
           at
           his
           Pallace
           at
           White-hall
           in
           the
           County
           of
           Middlesex
           ,
           and
           that
           the
           said
           
             James
             Maleverer
          
           the
           said
           one
           and
           thirtieth
           day
           of
           January
           ,
           and
           three
           dayes
           next
           before
           the
           said
           one
           and
           thirtieth
           day
           of
           January
           ,
           was
           resident
           and
           remaining
           at
           Ancliffe
           in
           the
           said
           County
           of
           York
           ,
           which
           is
           distant
           from
           the
           said
           Palace
           of
           White-hall
           ,
           the
           space
           of
           one
           hundred
           and
           fourescore
           miles
           ;
           and
           that
           the
           said
           
             James
             Maleverer
          
           the
           said
           one
           and
           thirtieth
           day
           of
           January
           aforesaid
           ,
           or
           at
           any
           time
           before
           ,
           had
           no
           lands
           or
           rents
           in
           his
           own
           hands
           ,
           or
           in
           the
           hands
           of
           Peoffees
           ,
           to
           his
           use
           ,
           out
           of
           the
           said
           County
           of
           York
           ,
           and
           that
           that
           part
           of
           the
           said
           County
           of
           York
           which
           is
           neerest
           to
           the
           said
           Palace
           of
           White-hall
           ,
           is
           distant
           from
           the
           said
           Palace
           of
           White-hall
           the
           space
           of
           one
           hundred
           and
           thirty
           miles
           ;
           and
           that
           no
           Proclamation
           by
           vertue
           of
           any
           Writ
           of
           Proclamation
           ,
           for
           the
           appearance
           of
           any
           persons
           whatsoever
           ,
           to
           take
           the
           said
           Order
           of
           Knighthood
           ,
           was
           made
           in
           any
           part
           of
           the
           said
           County
           of
           York
           before
           the
           thirtieth
           day
           of
           January
           in
           the
           said
           first
           yeare
           of
           his
           Majesties
           Reigne
           ,
           by
           reason
           whereof
           the
           said
           
             James
             Maleverer
          
           could
           not
           personally
           come
           to
           the
           presence
           of
           his
           said
           Majestie
           to
           take
           the
           said
           Order
           of
           Knighthood
           before
           the
           said
           one
           and
           thirtieth
           day
           of
           January
           in
           the
           said
           first
           yeare
           of
           his
           Majesties
           said
           Reigne
           ,
           yet
           the
           said
           
             James
             Maleverer
          
           for
           his
           fine
           in
           the
           premisses
           did
           humbly
           submit
           himselfe
           to
           the
           said
           Court
           ,
           and
           demanded
           to
           bee
           discharged
           of
           the
           said
           issues
           returned
           and
           imposed
           upon
           him
           by
           reason
           of
           the
           premisses
           ;
           yet
           notwithstanding
           the
           said
           Plea
           and
           submission
           of
           the
           said
           
             James
             Maleverer
             ,
          
           and
           after
           the
           same
           was
           made
           as
           aforesaid
           ,
           and
           entred
           upon
           Record
           in
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           and
           the
           said
           Court
           moved
           for
           stay
           of
           the
           Processe
           ,
           and
           discharge
           of
           the
           issues
           ,
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           being
           then
           Lord
           chiefe
           Baron
           of
           the
           said
           Court
           of
           Exchequer
           ,
           contrary
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Laws
           of
           this
           Realme
           ,
           and
           to
           the
           great
           impoverishing
           of
           the
           said
           
             James
             Maleverer
             ,
          
           
           did
           (
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           )
           refuse
           to
           impose
           any
           Fine
           whatsoever
           upon
           the
           said
           
             James
             Maleverer
             ,
          
           and
           told
           him
           that
           the
           said
           Court
           had
           no
           power
           to
           Fine
           him
           ,
           and
           that
           hee
           must
           compound
           with
           certain
           Commissioners
           for
           that
           purpose
           appointed
           .
           And
           did
           farther
           ,
           order
           and
           direct
           severall
           other
           Writs
           of
           
             Distringas
             ,
          
           to
           issue
           forth
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           under
           the
           Seale
           of
           the
           said
           Court
           ,
           directed
           to
           the
           severall
           high
           Sheriffes
           of
           the
           said
           County
           of
           York
           ;
           whereby
           the
           said
           Sheriffes
           were
           commanded
           further
           to
           distraine
           the
           said
           
             Iames
             Maleverer
          
           to
           appeare
           ,
           as
           aforesaid
           :
           upon
           which
           said
           Writs
           of
           
             Distringas
             ,
          
           severall
           great
           and
           excessive
           issues
           were
           returned
           upon
           the
           Lands
           of
           the
           said
           
             Iames
             Maleverer
             ,
          
           amounting
           to
           the
           summe
           of
           two
           thousand
           pounds
           or
           there
           abouts
           ;
           a
           great
           part
           whereof
           ,
           the
           said
           
             Iames
             Maleverer
          
           was
           enforced
           to
           pay
           ;
           and
           in
           like
           manner
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           (
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           )
           did
           order
           and
           direct
           such
           and
           the
           like
           unjust
           and
           undue
           proceedings
           ;
           and
           the
           said
           proceedings
           were
           had
           and
           made
           accordingly
           against
           
             Thomas
             Moyser
          
           Esquire
           ,
           and
           against
           severall
           other
           persons
           his
           Majesties
           Subjects
           in
           severall
           parts
           of
           this
           Realme
           ,
           to
           the
           utter
           undoing
           of
           many
           of
           them
           .
        
         
           2
           That
           a
           sentence
           of
           Degradation
           ,
           being
           given
           by
           the
           high
           Commissioners
           of
           the
           Province
           of
           York
           ,
           against
           
             Peter
             Smart
             ,
          
           Clerk
           ,
           one
           of
           the
           Prebends
           of
           the
           Church
           of
           Durham
           ,
           for
           a
           Sermon
           by
           him
           formerly
           preached
           against
           some
           Innovations
           in
           the
           Church
           of
           Durham
           ,
           a
           tryall
           was
           afterwards
           had
           ,
           
             viz.
          
           in
           
             August
          
           in
           the
           seventh
           yeer
           of
           his
           said
           Majesties
           Reign
           ,
           before
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           Knight
           ,
           then
           one
           of
           the
           Judges
           of
           Assizes
           and
           
             Nisi
             prius
          
           for
           the
           County
           Palatine
           of
           Durham
           ,
           concerning
           the
           Corps
           of
           the
           Prebend
           of
           the
           said
           M.
           
             Smart
             ,
          
           which
           was
           then
           pretended
           to
           be
           voyd
           by
           the
           said
           sentence
           of
           Degradation
           ;
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           contrary
           
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Lawes
           of
           this
           Realme
           ,
           and
           to
           the
           destruction
           of
           the
           said
           Master
           
             Smart
             ,
          
           upon
           reading
           the
           Writ
           
             de
             haeretico
             comburendo
             ,
          
           did
           publickly
           on
           the
           Bench
           ,
           in
           the
           presence
           of
           divers
           his
           Majesties
           Subjects
           then
           attending
           ,
           declare
           his
           opinion
           to
           be
           ,
           that
           the
           said
           Prebends
           place
           was
           voyd
           ,
           and
           gave
           direction
           to
           the
           Jury
           then
           at
           Barre
           to
           finde
           accordingly
           :
           and
           being
           then
           informed
           that
           although
           the
           said
           Master
           
             Smart
          
           had
           been
           dead
           or
           deprived
           ,
           yet
           the
           profits
           of
           his
           Prebend
           had
           been
           due
           to
           his
           Executors
           till
           the
           Michaelmas
           following
           ;
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           then
           answered
           ,
           though
           the
           said
           Master
           
             Smart
          
           was
           not
           dead
           ,
           yet
           if
           he
           had
           had
           his
           desert
           ,
           he
           had
           been
           dead
           long
           agoe
           ,
           for
           hee
           deserved
           to
           have
           been
           hanged
           for
           the
           said
           Sermon
           ,
           and
           that
           he
           was
           as
           wicked
           a
           man
           as
           any
           lived
           in
           the
           world
           :
           call
           him
           no
           more
           Master
           
             Smart
             ,
          
           but
           plaine
           
             Smart
             .
          
           And
           when
           the
           said
           Jurie
           had
           found
           against
           the
           said
           Master
           
             Smart
             ,
          
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           in
           scandall
           of
           his
           Majesties
           Government
           and
           Justice
           ,
           and
           of
           the
           proceedings
           of
           his
           Majesties
           Iudges
           ,
           did
           publickly
           as
           aforesaid
           speak
           words
           to
           this
           effect
           ;
           That
           the
           said
           Iurie
           had
           well
           done
           ,
           and
           that
           the
           said
           
             Smart
          
           had
           do
           remedy
           save
           by
           appeale
           to
           the
           King
           ;
           and
           there
           hee
           should
           finde
           but
           cold
           comfort
           ;
           for
           the
           King
           would
           not
           goe
           against
           his
           own
           Prerogative
           ,
           upon
           which
           the
           Iudges
           and
           high
           Commissioners
           did
           depend
           ,
           and
           therefore
           would
           not
           contradict
           one
           anothers
           Acts
           .
        
         
           That
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           about
           the
           Month
           of
           November
           ,
           
             Anno
             Dom.
          
           1635.
           then
           being
           Lord
           chiefe
           Barron
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           and
           having
           taken
           an
           oath
           for
           the
           due
           administration
           of
           justice
           to
           his
           Majesties
           Liege
           people
           ,
           according
           to
           the
           Lawes
           and
           Statures
           of
           this
           Realm
           ,
           subscribed
           his
           name
           to
           an
           opinion
           ,
           
             in
             haec
             verba
             :
          
           [
           I
           am
           of
           opinion
           ,
           that
           as
           where
           the
           benefit
           doth
           more
           particulary
           redound
           to
           the
           good
           of
           the
           Ports
           ,
           or
           Maritime
           parts
           ,
           (
           as
           in
           Case
           of
           Pyracie
           or
           Depredations
           upon
           the
           Seas
           )
           there
           the
           charge
           hath
           been
           ,
           and
           may
           be
           lawfully
           imposed
           
           upon
           them
           ,
           according
           to
           presidents
           of
           former
           times
           ;
           so
           where
           the
           good
           and
           safety
           of
           the
           kingdome
           in
           generall
           is
           concerned
           ,
           and
           the
           whole
           kingdome
           in
           danger
           ,
           (
           of
           which
           his
           Majestie
           is
           the
           onely
           Judge
           )
           there
           the
           charge
           of
           the
           defence
           ought
           to
           be
           borne
           by
           all
           the
           Realme
           in
           generall
           :
           this
           I
           hold
           agreeable
           both
           to
           Law
           and
           reason
           ]
        
         
           That
           in
           or
           about
           the
           moneth
           of
           Februarie
           
             Anno
             Dom.
          
           1636.
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           then
           being
           Lord
           chiefe
           Baron
           of
           the
           said
           Court
           of
           Exchequer
           ,
           subscribed
           an
           extrajudiciall
           opinion
           in
           answer
           to
           questions
           in
           a
           letter
           from
           his
           Majestie
           ,
           
             in
             haec
             verba
             :
          
        
         
           
             
               Charles
               R.
            
             When
             the
             good
             and
             safetie
             of
             the
             kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             in
             danger
             ,
             whether
             may
             not
             the
             King
             ,
             by
             writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             the
             Subjects
             of
             this
             kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             with
             Men
             ,
             Victuall
             and
             Munition
             ;
             and
             for
             such
             time
             ,
             as
             hee
             shall
             thinke
             fit
             ,
             for
             the
             defence
             and
             safeguard
             of
             the
             kingdome
             ,
             from
             such
             danger
             and
             perill
             ;
             and
             by
             Law
             compell
             the
             doing
             thereof
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             ?
             And
             whether
             in
             such
             case
             is
             not
             the
             King
             the
             sole
             Judge
             ,
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             bee
             prevented
             and
             avoided
             ?
             
               C.
               R.
               
            
          
        
         
           
             May
             it
             please
             your
             most
             excellent
             Majestie
             ,
             We
             have
             ,
             according
             to
             your
             Majesties
             command
             ,
             severally
             every
             man
             by
             himselfe
             ,
             and
             all
             of
             us
             together
             ,
             taken
             into
             serious
             consideration
             the
             Case
             and
             Question
             signed
             by
             your
             Majestie
             ,
             and
             inclosed
             in
             your
             Royall
             letter
             ;
             and
             we
             are
             of
             opinion
             ,
             that
             when
             the
             good
             and
             safetie
             of
             the
             kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             kingdome
             in
             danger
             ,
             your
             Majestie
             may
             by
             writ
             under
             the
             great
             Seale
             of
             England
             ,
             command
             all
             the
             Subjects
             of
             this
             your
             kingdome
             ,
             at
             their
             charge
             ,
             to
             provide
             and
             furnish
             such
             number
             of
             Ships
             with
             Men
             ,
             Victuall
             and
             Munition
             ;
             and
             for
             such
             time
             as
             your
             Majestie
             shall
             thinke
             fit
             ,
             for
             the
             defence
             and
             safeguard
             of
             the
             kingdome
             ,
             from
             such
             danger
             and
             perill
             ;
             
             and
             that
             by
             Law
             your
             Majestie
             may
             compell
             the
             doing
             thereof
             in
             case
             of
             refusall
             ,
             or
             refractorinesse
             :
             And
             wee
             are
             also
             of
             opinion
             that
             in
             such
             case
             your
             Majestie
             is
             the
             sole
             Judge
             both
             of
             the
             danger
             ,
             and
             when
             ,
             and
             how
             the
             same
             is
             to
             bee
             prevented
             and
             avoyded
             .
             
               John
               Brampston
               ,
               John
               Finch
               ,
               Humphrey
               Davenport
               ,
               John
               Denham
               ,
               Richard
               Hutton
               ,
               William
               Jones
               ,
               George
               Crooke
               ,
               Thomas
               Trevor
               ,
               George
               Vernon
               ,
               Robert
               Berkley
               ,
               Francis
               Crawley
               ,
               Richard
               Weston
               .
            
          
        
         
           That
           whereas
           an
           Action
           of
           Batterie
           was
           brought
           by
           one
           
             Richard
             Legge
             ,
          
           against
           
             Robert
             Hoblins
             ,
          
           to
           which
           the
           said
           
             Hoblins
          
           pleaded
           a
           Justification
           
             de
             son
             assault
             demesne
             ,
          
           and
           the
           said
           cause
           came
           to
           triall
           at
           the
           Assizes
           held
           for
           the
           Countie
           of
           Gloucester
           in
           Summer
           ,
           1636.
           before
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           then
           one
           of
           the
           Justices
           of
           Assize
           and
           
             Nisi
             prius
          
           for
           that
           Countie
           :
           At
           the
           said
           triall
           the
           said
           
             Robert
             Hoblins
          
           did
           begin
           to
           make
           proofe
           of
           his
           said
           justification
           ,
           and
           produced
           one
           
             Robert
             Tilly
          
           a
           witnesse
           in
           the
           cause
           ,
           who
           proved
           upon
           oath
           that
           the
           said
           
             Richard
             Legge
          
           did
           make
           the
           first
           assault
           upon
           the
           said
           
             Robert
             Hoblins
          
           and
           that
           the
           occasion
           thereof
           was
           ,
           that
           the
           said
           
             Richard
             Legge
          
           and
           others
           came
           upon
           the
           lands
           then
           in
           possession
           of
           the
           said
           
             Hoblins
             ,
          
           and
           did
           take
           and
           drive
           away
           eighteen
           Cowes
           of
           the
           said
           
             Hoblins
             ,
          
           pretending
           they
           had
           a
           warrant
           from
           the
           Sheriffe
           to
           distrein
           the
           same
           for
           forty
           shillings
           assessed
           upon
           the
           said
           
             Hoblins
          
           for
           Ship-money
           ;
           and
           when
           the
           said
           
             Hoblins
          
           (
           being
           present
           )
           endevoured
           to
           hinder
           the
           said
           
             Legge
          
           and
           others
           from
           taking
           away
           his
           said
           Cattell
           ,
           the
           said
           
             Legge
          
           stroke
           the
           said
           
             Hoblins
          
           with
           a
           staffe
           ,
           who
           afterward
           defended
           himselfe
           .
           That
           upon
           the
           opening
           of
           the
           matter
           the
           said
           
             Sir
             Humphrey
             Davenport
          
           would
           not
           suffer
           the
           said
           
             Hoblins
          
           to
           produce
           any
           more
           witnesses
           on
           his
           behalfe
           ,
           (
           though
           the
           said
           
             Hoblins
          
           desired
           that
           other
           of
           his
           said
           witnesses
           then
           present
           ,
           and
           sworne
           might
           be
           heard
           )
           nor
           his
           Councell
           to
           speake
           for
           him
           ,
           but
           being
           informed
           that
           the
           said
           
             Hoblins
          
           (
           when
           Ship-money
           was
           demanded
           of
           him
           )
           
           answered
           ,
           that
           he
           would
           not
           pay
           the
           same
           ,
           because
           it
           was
           not
           granted
           by
           Parliament
           ,
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           did
           then
           (
           openly
           in
           the
           hearing
           of
           a
           great
           number
           of
           his
           Majesties
           liege
           people
           ▪
           then
           assembled
           and
           attending
           the
           said
           Court
           )
           in
           great
           passion
           reprove
           the
           said
           
             Hoblins
             ,
          
           and
           told
           him
           that
           the
           King
           was
           not
           to
           call
           a
           Parliament
           to
           give
           him
           satisfaction
           ;
           and
           did
           then
           and
           there
           also
           falsly
           and
           of
           purpose
           ,
           to
           prevent
           his
           Majesties
           loving
           Subjects
           from
           the
           due
           and
           ordinary
           course
           of
           Law
           ,
           and
           contrary
           to
           his
           oath
           and
           the
           Lawes
           of
           this
           Realme
           ,
           publish
           ,
           declare
           and
           affirme
           ,
           that
           it
           was
           adjudged
           by
           all
           the
           Judges
           of
           England
           ,
           that
           Ship-money
           ,
           was
           due
           to
           the
           King
           ,
           and
           directed
           the
           Jury
           sworne
           in
           that
           cause
           to
           finde
           a
           Verdict
           for
           the
           said
           
             Richard
             Legge
          
           ;
           and
           the
           said
           Jury
           did
           accordingly
           ,
           and
           gave
           him
           twenty
           pound
           dammages
           .
           And
           the
           said
           
             Humphrey
             Davenport
          
           did
           then
           also
           without
           any
           cause
           imprison
           the
           said
           
             Robert
             Hoblins
             ,
          
           and
           bound
           him
           to
           the
           good
           behaviour
           .
           That
           whereas
           in
           the
           moneth
           of
           Aprill
           ,
           
             Decimo
             sexto
             Caroli
             ,
          
           the
           officers
           of
           the
           Custome-house
           ,
           having
           seized
           a
           Ship
           of
           one
           
             Samuel
             Warner's
             ,
          
           laden
           with
           Tobacco
           ,
           being
           the
           goods
           of
           the
           said
           
             Warner's
             ,
          
           the
           Bulke
           of
           the
           said
           ship
           not
           being
           broken
           ,
           and
           no
           information
           exhibited
           for
           the
           King
           according
           to
           the
           course
           of
           the
           Exchequer
           ,
           for
           any
           duty
           ,
           the
           Barons
           were
           moved
           ,
           that
           the
           said
           ship
           might
           be
           restored
           to
           the
           Proprietors
           ,
           giving
           security
           to
           pay
           such
           duties
           as
           did
           belong
           to
           the
           King
           ;
           But
           upon
           the
           Allegation
           of
           the
           Kings
           Attorney
           ,
           that
           there
           needed
           no
           information
           because
           there
           was
           no
           penaltie
           ,
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           being
           then
           Lord
           chiefe
           Baron
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           ,
           did
           (
           contrary
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Lawes
           of
           this
           Realme
           ,
           )
           deny
           the
           restitution
           of
           the
           said
           ship
           ,
           unlesse
           all
           the
           duties
           demanded
           by
           the
           Farmours
           of
           the
           Custome-house
           were
           first
           paid
           .
           Hereupon
           the
           said
           
             Warner
          
           brought
           an
           action
           of
           Trover
           in
           the
           office
           of
           Pleas
           in
           the
           Exchequer
           against
           the
           said
           Officers
           that
           seized
           his
           ship
           and
           goods
           ;
           
           whereupon
           the
           Kings
           Attorney
           generall
           exhibited
           an
           information
           by
           English
           Bill
           in
           the
           Exchequer
           chamber
           against
           the
           said
           
             Warner
          
           ;
           setting
           forth
           ,
           that
           Customes
           and
           Subsidies
           upon
           Merchandize
           were
           a
           great
           part
           of
           the
           Kings
           revennue
           ,
           and
           payable
           to
           him
           ,
           and
           that
           the
           said
           Ship
           was
           seized
           for
           non-payment
           of
           the
           aforesaid
           duties
           ,
           notwithstanding
           the
           said
           
             Warner
          
           then
           Proprietor
           ,
           prosecuted
           the
           officers
           upon
           a
           suit
           at
           Law
           ,
           and
           prayes
           that
           hee
           may
           answer
           the
           said
           Information
           before
           any
           further
           proceedings
           be
           had
           at
           Law
           :
           Thereupon
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           ,
           ordered
           ,
           that
           the
           Proprietor
           moving
           for
           the
           delivery
           of
           the
           said
           goods
           ,
           should
           first
           answer
           to
           the
           information
           ;
           after
           which
           the
           said
           
             Warner
          
           demurred
           to
           the
           said
           Information
           ,
           in
           regard
           no
           title
           for
           any
           certaine
           dutie
           was
           set
           forth
           by
           the
           Information
           ,
           which
           demurrer
           yet
           remains
           not
           over-ruled
           ;
           but
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           with
           the
           said
           other
           Barons
           ,
           without
           over-ruling
           the
           demurrer
           ,
           ordered
           ,
           because
           
             Warner
          
           had
           put
           in
           a
           demurrer
           and
           not
           answered
           to
           the
           said
           Information
           ,
           that
           he
           should
           not
           proceede
           upon
           the
           action
           of
           
             Trover
             .
          
           The
           Proprietor
           being
           thus
           prevented
           of
           his
           remedy
           by
           Action
           at
           Law
           ,
           sued
           forth
           a
           
             Replevin
             ,
          
           and
           upon
           pretence
           of
           viewing
           the
           said
           goods
           ,
           caused
           them
           to
           be
           brought
           forth
           of
           a
           Cellar
           ,
           hired
           by
           a
           deputie
           to
           the
           Farmours
           to
           that
           use
           ;
           and
           being
           brought
           forth
           ,
           they
           were
           taken
           by
           the
           Sheriffes
           of
           London
           ,
           by
           vertue
           of
           the
           said
           
             Replevin
          
           ;
           and
           upon
           oath
           made
           of
           the
           manner
           of
           the
           taking
           ,
           as
           aforesaid
           ,
           before
           the
           Barons
           ,
           and
           upon
           view
           of
           the
           President
           ,
           inrolls
           his
           case
           ;
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           with
           the
           said
           other
           Barons
           ,
           adjudged
           ,
           that
           the
           said
           goods
           were
           not
           Replevisable
           ,
           and
           granted
           an
           Injunction
           to
           maintaine
           possession
           of
           them
           as
           they
           were
           before
           .
           And
           the
           said
           house
           of
           Commons
           by
           protestations
           ,
           saving
           to
           themselves
           onely
           the
           liberties
           of
           exhibiting
           at
           any
           time
           hereafter
           ,
           any
           other
           accusation
           or
           
           impeachment
           against
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           and
           also
           of
           replying
           to
           the
           answer
           that
           hee
           the
           said
           Sir
           
             Humphrey
             Davenport
          
           shall
           make
           unto
           the
           said
           Articles
           ,
           or
           any
           of
           them
           ,
           or
           of
           offering
           proofe
           of
           the
           premisses
           ,
           or
           any
           of
           their
           impeachments
           or
           accusations
           that
           shall
           be
           exhibited
           by
           them
           ,
           as
           the
           Case
           shall
           (
           according
           to
           the
           course
           of
           Parliaments
           )
           require
           ,
           doe
           pray
           that
           the
           said
           Sir
           
             Humphrey
             Davenport
             ,
          
           Lord
           chiefe
           Baron
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           may
           be
           put
           to
           answer
           to
           all
           and
           every
           the
           premisses
           ;
           and
           that
           such
           proceedings
           ,
           examinations
           ,
           trials
           ,
           and
           judgements
           may
           be
           upon
           every
           of
           them
           had
           and
           used
           ,
           as
           is
           agreeable
           to
           Law
           and
           Justice
           .
        
      
       
       
         
           Articles
           of
           the
           House
           of
           Commons
           in
           the
           name
           of
           themselves
           ,
           and
           all
           the
           Commons
           of
           England
           ,
           against
           Sir
           
             Richard
             Weston
          
           Knight
           ,
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           impeaching
           him
           as
           followeth
           .
        
         
           1
           THat
           the
           said
           Sir
           
             Richard
             Weston
          
           about
           the
           moneth
           of
           November
           ,
           
             Anno
             Domini
          
           1635.
           then
           being
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           and
           having
           taken
           an
           oath
           for
           the
           due
           Administration
           of
           Justice
           to
           his
           Majesties
           liege
           people
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           ,
           subscribed
           his
           name
           to
           an
           opinion
           
             in
             haec
             verba
          
           :
           I
           am
           of
           opinion
           ,
           &c.
           
             ut
             suprà
          
           in
           Sir
           
             Robert
             Berkley's
             Charge
             ,
             pag.
          
           4.
           
        
         
           2
           That
           in
           or
           about
           the
           moneth
           of
           February
           ,
           
             Anno
             Domini
          
           1636.
           the
           said
           Sir
           
             Richard
             Weston
          
           (
           being
           then
           one
           of
           the
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           )
           subscribed
           an
           extrajudiciall
           opinion
           in
           answer
           to
           questions
           in
           a
           Letter
           from
           his
           Majestie
           ,
           
             in
             haec
             verba
             :
          
        
         
           
             Charles
             R.
          
           When
           the
           good
           and
           safety
           of
           the
           Kingdome
           in
           generall
           is
           concerned
           ,
           &c.
           
             ut
             suprà
             ,
             pag.
          
           4.
           
        
         
           3
           That
           the
           said
           Sir
           
             Richard
             Weston
          
           (
           being
           then
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           )
           did
           deliver
           his
           opinion
           and
           judgement
           in
           the
           Exchequer
           Chamber
           against
           
             John
             Hampden
          
           Esquire
           in
           the
           Case
           of
           Ship-money
           ,
           That
           he
           ,
           the
           said
           
             John
             Hampden
             ,
          
           &c.
           as
           in
           Judge
           
             Crawley's
             Charge
             ,
             pag.
          
           23.
           
        
         
           4
           That
           whereas
           in
           the
           moneth
           of
           Aprill
           16.
           
           
             Caroli
             ,
          
           the
           Officers
           of
           the
           Custome-house
           having
           seized
           a
           ship
           of
           one
           
             Samuel
             Warner's
             ,
          
           laden
           with
           Tobacco
           ,
           being
           the
           goods
           of
           the
           said
           
             Warner
             ,
          
           the
           bulke
           of
           the
           said
           ship
           not
           being
           broken
           ,
           and
           no
           information
           exhibited
           for
           the
           King
           ,
           according
           
           to
           the
           course
           the
           Exchequer
           ,
           for
           any
           duty
           ,
           the
           Barons
           were
           moved
           ,
           that
           the
           said
           ship
           might
           bee
           restored
           to
           the
           proprietors
           ,
           giving
           security
           to
           pay
           such
           duties
           as
           did
           belong
           to
           the
           King
           .
           But
           ,
           upon
           the
           allegation
           of
           the
           Kings
           Attorney
           ,
           that
           there
           needed
           no
           information
           ,
           because
           there
           was
           no
           penalty
           ,
           the
           said
           Sir
           
             Richard
             Weston
          
           (
           being
           then
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           )
           did
           (
           contrary
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Lawes
           of
           this
           Realme
           )
           deny
           the
           restitution
           of
           the
           said
           ship
           ,
           unlesse
           all
           the
           duties
           demanded
           by
           the
           Farmours
           of
           the
           Custome-house
           were
           first
           paid
           .
           Hereupon
           the
           said
           
             Warner
          
           brought
           an
           action
           of
           Trover
           upon
           the
           case
           in
           the
           Office
           of
           Pleas
           in
           the
           Exchequer
           against
           the
           said
           Officers
           that
           seized
           his
           ship
           and
           goods
           :
           Whereupon
           the
           Kings
           Attorney
           Generall
           exhibited
           an
           information
           by
           English
           Bill
           in
           the
           Exchequer
           Chamber
           against
           the
           said
           
             Warner
             ,
          
           setting
           forth
           ,
           that
           Customes
           and
           Subsidies
           upon
           Merchandize
           were
           a
           great
           part
           of
           the
           Kings
           revennue
           ,
           and
           payable
           to
           him
           ,
           and
           that
           the
           said
           ship
           was
           seized
           for
           non-payment
           of
           the
           aforesaid
           duties
           ;
           notwithstanding
           the
           said
           
             Warner
             ,
          
           the
           proprietor
           prosecuted
           the
           Officers
           upon
           a
           Suit
           at
           Law
           ,
           and
           prayes
           that
           he
           may
           answer
           the
           said
           Information
           before
           any
           further
           proceedings
           be
           had
           at
           Law
           .
           Thereupon
           the
           said
           Sir
           
             Richard
             Weston
             ,
          
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           ,
           ordered
           that
           the
           proprietor
           moving
           for
           delivery
           of
           his
           said
           goods
           ,
           should
           first
           answer
           to
           the
           Information
           ,
           after
           which
           the
           said
           
             Warner
          
           demurred
           to
           the
           said
           Information
           :
           in
           regard
           no
           title
           for
           any
           certaine
           duty
           was
           set
           forth
           by
           the
           Information
           :
           Which
           demurrer
           yet
           remaines
           not
           over-ruled
           ,
           but
           the
           said
           Sir
           
             Richard
             Weston
          
           (
           with
           the
           said
           other
           Barons
           )
           without
           over-ruling
           the
           demurrer
           ,
           ordered
           (
           because
           
             Warner
          
           had
           put
           in
           a
           demurrer
           ,
           and
           not
           answered
           to
           the
           said
           Information
           )
           that
           he
           should
           not
           proceed
           upon
           the
           action
           of
           Trover
           :
           The
           proprietor
           being
           thus
           prevented
           of
           his
           remedy
           by
           Action
           at
           Law
           ,
           
           sued
           forth
           a
           Replevin
           ,
           and
           (
           upon
           pretence
           of
           viewing
           the
           said
           goods
           )
           caused
           them
           to
           be
           brought
           forth
           of
           a
           cellar
           ,
           hired
           by
           a
           Deputy
           to
           the
           Farmers
           to
           that
           use
           ,
           and
           being
           brought
           forth
           ,
           they
           were
           taken
           by
           the
           Sheriffs
           of
           London
           ,
           by
           vertue
           of
           the
           said
           Replevin
           ;
           and
           upon
           oath
           made
           of
           the
           manner
           of
           the
           taking
           ,
           as
           aforesaid
           ,
           before
           the
           Barons
           ,
           and
           upon
           view
           of
           the
           president
           ,
           inrolls
           his
           case
           ;
           the
           said
           Sir
           
             Richard
             Weston
             ,
          
           with
           the
           said
           other
           Barons
           ,
           adjudged
           that
           the
           said
           goods
           were
           not
           replevisable
           ,
           and
           granted
           an
           Injunction
           to
           maintaine
           the
           possession
           of
           them
           ,
           as
           they
           were
           before
           .
        
         
           And
           the
           said
           house
           of
           Commons
           by
           Protestation
           ,
           saving
           to
           themselves
           onely
           the
           liberties
           of
           exhibiting
           at
           any
           time
           hereafter
           any
           other
           accusation
           or
           impeachment
           against
           the
           said
           Sir
           
             Richard
             Weston
             ,
          
           and
           also
           of
           replying
           to
           the
           answer
           that
           he
           ,
           the
           said
           Sir
           
             Richard
             Weston
          
           shall
           make
           unto
           the
           said
           Articles
           ,
           or
           any
           of
           them
           ,
           or
           of
           offering
           proofe
           of
           the
           premisses
           ,
           or
           any
           of
           their
           impeachments
           or
           accusations
           that
           shall
           be
           exhibited
           by
           them
           ,
           as
           the
           case
           shall
           (
           according
           to
           the
           course
           of
           Parliaments
           )
           require
           ,
           do
           pray
           ,
           that
           the
           said
           Sir
           
             Richard
             Weston
             ,
          
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           may
           be
           put
           to
           answer
           ,
           &c.
           
        
      
       
       
         
           Articles
           of
           the
           House
           of
           Commons
           in
           the
           name
           of
           themselves
           ,
           and
           of
           all
           the
           Commons
           of
           England
           ,
           against
           Sir
           
             Thomas
             Trevor
          
           Knight
           ,
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           impeaching
           him
           as
           followeth
           .
        
         
           1.
           
           THat
           in
           or
           about
           November
           ,
           4.
           
             Car.
          
           divers
           goods
           and
           merchandizes
           (
           whereof
           
             John
             Rolls
             ,
             George
             Moore
             ,
          
           and
           other
           Merchants
           of
           London
           were
           Proprietors
           )
           being
           seized
           and
           conveyed
           into
           certaine
           Store-houses
           at
           the
           Custome-house
           ,
           by
           Sir
           
             John
             Worstenham
             ,
             Abraham
             Dawes
             ,
          
           and
           others
           the
           Farmours
           and
           Officers
           of
           the
           Customes
           ,
           and
           by
           them
           there
           detained
           ,
           because
           the
           said
           Proprietors
           refused
           to
           pay
           the
           Subsidie
           of
           
             Tonnage
          
           and
           
             Poundage
             ,
          
           pretended
           to
           be
           due
           ,
           and
           demanded
           by
           the
           said
           Farmours
           and
           Officers
           on
           his
           Majesties
           behalfe
           for
           the
           said
           Merchandizes
           ,
           whereas
           no
           such
           Subsidie
           or
           duty
           of
           
             Tonnage
          
           or
           
             Poundage
          
           was
           due
           or
           payable
           for
           the
           same
           ,
           no
           Subsidie
           of
           
             Tonnage
          
           and
           
             Poundage
          
           having
           beene
           granted
           by
           Parliament
           to
           his
           Majestie
           .
           The
           said
           
             John
             Rolls
             ,
          
           and
           other
           the
           Proprietors
           of
           the
           said
           goods
           ,
           having
           by
           reason
           of
           such
           unlawfull
           seisure
           and
           detainer
           ,
           as
           aforesaid
           ,
           fued
           forth
           one
           or
           more
           writ
           or
           writs
           of
           
             Replevin
             ,
          
           directed
           to
           the
           Sheriffes
           of
           London
           (
           being
           the
           proper
           remedie
           provided
           by
           the
           Law
           to
           regaine
           the
           possession
           of
           goods
           taken
           and
           with-held
           from
           the
           owners
           contrary
           to
           Law
           )
           the
           said
           Sir
           
             Thomas
             Trevor
          
           Knight
           then
           and
           yet
           one
           of
           the
           Barons
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           ,
           upon
           information
           to
           them
           given
           ,
           that
           the
           said
           Proprietors
           ,
           or
           some
           of
           them
           ,
           had
           sued
           forth
           and
           did
           
           prosecute
           such
           writ
           ,
           or
           writs
           of
           
             Replevin
          
           for
           deliverie
           of
           the
           said
           goods
           ,
           did
           order
           an
           Injunction
           under
           Seale
           of
           the
           said
           Court
           to
           issue
           forth
           ,
           directed
           to
           the
           Sheriffes
           of
           London
           ,
           commanding
           them
           thereby
           not
           to
           execute
           the
           said
           writ
           or
           writs
           of
           
             Replevin
             ,
          
           or
           any
           like
           writ
           thereafter
           to
           be
           sued
           forth
           by
           any
           person
           or
           persons
           for
           the
           delivery
           of
           any
           goods
           in
           the
           like
           nature
           detained
           :
           And
           did
           declare
           and
           order
           publickly
           in
           the
           said
           Court
           of
           Exchequer
           ,
           that
           the
           said
           goods
           by
           Law
           were
           not
           Replevisable
           ,
           alledging
           for
           cause
           that
           the
           said
           goods
           were
           in
           the
           Kings
           owne
           possession
           ,
           whereas
           the
           same
           did
           not
           judicially
           appeare
           to
           them
           ,
           and
           they
           did
           well
           know
           that
           the
           said
           goods
           were
           at
           that
           time
           in
           the
           possession
           of
           the
           Farmours
           and
           Lessees
           of
           the
           said
           Customes
           ,
           and
           no
           lawfull
           cause
           to
           them
           appearing
           or
           suggested
           of
           the
           taking
           and
           detaining
           of
           the
           said
           goods
           :
           which
           Injunction
           and
           declaration
           so
           granted
           and
           made
           ,
           were
           and
           are
           against
           the
           Lawes
           of
           the
           Realme
           ,
           and
           in
           subversion
           of
           the
           common
           right
           ,
           and
           remedy
           of
           the
           Subject
           for
           regaining
           the
           possession
           of
           his
           goods
           being
           taken
           and
           with-holden
           from
           him
           without
           lawfull
           cause
           .
        
         
           That
           the
           Sheriffes
           of
           London
           for
           that
           time
           being
           served
           with
           the
           said
           Injunction
           ,
           did
           forbeare
           to
           execute
           the
           said
           writ
           or
           writs
           of
           
             Replevin
          
           :
           By
           meanes
           whereof
           the
           said
           goods
           continued
           so
           detained
           as
           aforesaid
           ,
           contrary
           to
           Law
           ,
           from
           the
           said
           moneth
           of
           November
           untill
           the
           moneth
           of
           June
           next
           following
           .
        
         
           That
           the
           said
           Sir
           
             Thomas
             Trevor
          
           and
           other
           the
           Barons
           aforesaid
           ,
           knowing
           the
           said
           goods
           to
           be
           unlawfully
           seized
           and
           detained
           for
           the
           pretended
           duties
           and
           Subsidie
           of
           
             Tonnage
          
           and
           
             Poundage
             ,
          
           whereas
           no
           such
           were
           payable
           by
           Law
           ,
           did
           from
           time
           to
           time
           delay
           the
           respective
           Proprietors
           from
           having
           restitution
           of
           their
           said
           goods
           ,
           being
           often
           in
           Court
           moved
           therein
           ,
           with
           intention
           thereby
           to
           force
           the
           said
           Proprietors
           (
           by
           wanting
           their
           goods
           and
           the
           use
           thereof
           )
           to
           pay
           all
           such
           summes
           as
           the
           said
           Officers
           of
           the
           Customes
           pretended
           to
           be
           due
           to
           his
           Majestie
           .
        
         
         
           That
           to
           the
           end
           aforesaid
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           and
           the
           said
           other
           Barons
           refused
           to
           accept
           of
           any
           securitie
           to
           be
           given
           by
           the
           said
           Proprietors
           ,
           upon
           restitution
           had
           of
           their
           goods
           ,
           for
           payment
           of
           all
           such
           duties
           as
           should
           bee
           made
           appeare
           to
           be
           payable
           to
           his
           Majestie
           in
           such
           manner
           as
           the
           said
           Barons
           should
           direct
           .
           That
           the
           said
           Sir
           
             Thomas
             Trevor
          
           and
           other
           the
           Barons
           aforesaid
           ,
           knowing
           that
           the
           said
           summes
           demanded
           on
           his
           Majesties
           behalfe
           by
           the
           said
           Officers
           of
           the
           Customes
           not
           to
           be
           due
           by
           Law
           ,
           did
           refuse
           to
           order
           restitution
           of
           any
           part
           of
           those
           goods
           ,
           (
           so
           detained
           as
           aforesaid
           )
           to
           the
           Proprietors
           thereof
           ,
           unlesse
           the
           said
           Proprietors
           would
           deposite
           all
           such
           summes
           of
           money
           as
           the
           said
           Officers
           respectively
           demanded
           of
           them
           for
           pretended
           duties
           to
           his
           Majestie
           ;
           and
           the
           said
           Proprietors
           refusing
           to
           deposite
           the
           said
           summes
           demanded
           ,
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           and
           other
           the
           Barons
           aforesaid
           ,
           did
           order
           the
           said
           Officers
           to
           detaine
           double
           the
           value
           of
           the
           summes
           by
           them
           demanded
           for
           pretended
           duties
           to
           his
           Majestie
           ,
           and
           to
           restore
           the
           residue
           :
           The
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           and
           other
           the
           said
           Barons
           then
           knowing
           that
           the
           pretended
           summes
           demanded
           by
           the
           said
           Officers
           ,
           were
           not
           by
           Law
           due
           or
           payable
           to
           his
           Majestie
           .
        
         
           2
           That
           in
           or
           about
           January
           4.
           
             Car.
          
           the
           said
           Officers
           having
           seized
           severall
           Merchandize
           of
           the
           goods
           of
           
             Richard
             Chambers
          
           Merchant
           ,
           upon
           the
           pretences
           aforesaid
           ,
           did
           detaine
           the
           same
           ;
           and
           the
           said
           
             Chambers
          
           prosecuting
           by
           plaint
           to
           have
           his
           said
           goods
           replevied
           ,
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           together
           with
           the
           said
           other
           Barons
           ,
           did
           in
           like
           manner
           in
           the
           said
           Court
           of
           Exchequer
           ,
           declare
           the
           said
           
             Chambers
          
           goods
           not
           to
           be
           Replevisable
           ,
           and
           enjoyned
           the
           Sheriffes
           of
           London
           to
           proceed
           no
           further
           therein
           ,
           no
           cause
           to
           them
           appearing
           of
           such
           seisure
           or
           detainer
           .
           And
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           and
           other
           the
           Barons
           of
           the
           said
           Court
           ,
           refused
           to
           order
           the
           delivery
           of
           the
           said
           
             Chamber
             's
          
           goods
           ,
           upon
           good
           security
           offered
           by
           him
           to
           pay
           all
           such
           summes
           as
           should
           be
           made
           appeare
           to
           
           be
           due
           ,
           and
           for
           which
           the
           said
           goods
           were
           pretended
           to
           be
           detained
           and
           the
           said
           Barons
           being
           often
           moved
           in
           Court
           ;
           therein
           ,
           did
           refuse
           to
           order
           restitution
           of
           any
           part
           of
           the
           said
           
             Chambers
          
           goods
           ,
           untill
           the
           three
           and
           twentieth
           of
           November
           ,
           5.
           
           
             Caroli
             ,
          
           and
           then
           ordered
           that
           the
           said
           Officers
           should
           detaine
           in
           their
           hands
           double
           the
           value
           of
           the
           summes
           by
           them
           demanded
           ,
           and
           restitution
           of
           the
           residue
           to
           be
           made
           to
           the
           said
           
             Chambers
             ,
          
           no
           cause
           of
           detaining
           any
           part
           of
           the
           said
           goods
           to
           them
           in
           any
           wise
           appearing
           .
        
         
           3
           That
           whereas
           in
           the
           moneth
           of
           October
           ,
           in
           the
           fourth
           yeare
           of
           his
           said
           Majesties
           reigne
           ,
           the
           Farmers
           and
           Officers
           of
           the
           Custome-house
           having
           seized
           great
           quantities
           of
           Currants
           ,
           being
           the
           goods
           of
           
             Samuel
             Vassall
          
           Merchant
           ,
           and
           having
           conveyed
           them
           into
           certaine
           Store-houses
           at
           the
           Custome
           house
           and
           detained
           them
           ,
           because
           the
           said
           
             Samuel
             Vassall
          
           refused
           to
           pay
           an
           imposition
           of
           five
           shillings
           six
           pence
           upon
           every
           hundred
           weight
           of
           the
           said
           Currants
           ,
           pretended
           to
           be
           due
           ,
           and
           demanded
           by
           the
           said
           Farmours
           and
           Officers
           on
           his
           Majesties
           behalfe
           for
           the
           said
           Currants
           ,
           whereas
           no
           such
           imposition
           was
           due
           or
           paiable
           for
           the
           same
           ,
           but
           the
           said
           imposition
           was
           and
           is
           against
           the
           Lawes
           of
           this
           Realme
           .
           And
           whereas
           also
           in
           Michaelmas
           Terme
           ,
           in
           the
           said
           fourth
           yeare
           of
           his
           Majesties
           Raigne
           ,
           his
           Majesties
           then
           Attorney
           generall
           exhibited
           an
           information
           by
           English
           Bill
           in
           the
           Exchequer
           Chamber
           against
           the
           said
           
             Samuel
             Vassal
             ,
          
           setting
           forth
           that
           K.
           
             James
             ,
          
           by
           his
           Letters
           Patents
           dated
           3.
           
             Novem.
          
           in
           the
           second
           yeare
           of
           his
           Raigne
           ,
           did
           command
           that
           the
           said
           imposition
           of
           5.
           s.
           6.
           d.
           upon
           every
           hundred
           weight
           of
           Currants
           should
           be
           demanded
           and
           received
           :
           And
           that
           his
           Majestie
           that
           now
           is
           ,
           by
           his
           Letters
           Patents
           dated
           the
           six
           and
           twentieth
           day
           of
           July
           ,
           in
           the
           second
           yeare
           of
           his
           Raigne
           ,
           did
           ,
           by
           advise
           of
           his
           Privie
           Councell
           ,
           declare
           his
           will
           and
           pleasure
           to
           be
           ,
           that
           Subsidies
           ,
           Customes
           and
           Imposts
           should
           be
           levied
           in
           such
           manner
           as
           they
           were
           levied
           in
           the
           time
           of
           King
           
             James
          
           ;
           and
           the
           same
           ,
           
           and
           the
           Farmers
           thereof
           to
           continue
           untill
           it
           might
           receive
           a
           setling
           by
           Parliament
           and
           commanded
           the
           levying
           and
           receiving
           the
           same
           accordingly
           ;
           and
           that
           the
           said
           
             Samuel
             Vassall
          
           before
           the
           first
           day
           of
           October
           then
           last
           past
           before
           the
           said
           Information
           exhibited
           ,
           did
           bring
           into
           the
           port
           of
           London
           in
           ships
           foure
           thousand
           six
           hundred
           thirty
           eight
           hundred
           weight
           of
           Currants
           ,
           and
           that
           
             Richard
             Carmarthon
          
           Surveyour
           in
           the
           said
           port
           of
           London
           ,
           the
           said
           first
           day
           of
           October
           demanded
           of
           the
           said
           
             Samuel
             Vassall
          
           the
           said
           imposition
           of
           five
           shillings
           six
           pence
           for
           every
           hundred
           weight
           of
           the
           said
           Currants
           ,
           and
           that
           the
           said
           
             Samuel
             Vassall
          
           refused
           to
           pay
           the
           said
           imposition
           ,
           and
           unjustly
           detained
           it
           from
           the
           King
           :
           To
           which
           Information
           the
           said
           
             Samuell
             Vassall
          
           appeared
           ,
           and
           pleaded
           the
           Statute
           of
           
             Magna
             Charta
          
           ;
           and
           the
           Statute
           of
           
             De
             Tallagio
             non
             concedendo
             ,
          
           and
           that
           he
           was
           a
           Subject
           borne
           under
           the
           Kings
           Allegeance
           ,
           and
           a
           Merchant
           of
           
             London
          
           using
           that
           trade
           ,
           and
           that
           the
           said
           summe
           of
           five
           shillings
           six
           pence
           upon
           every
           hundred
           weight
           of
           Currants
           ,
           was
           and
           is
           
             malum
             talnetum
             ,
          
           and
           not
           
             antiqua
             seu
             recta
             consuetudo
             ,
          
           and
           that
           it
           was
           imposed
           without
           assent
           of
           Parliament
           :
           to
           which
           Plea
           the
           said
           Atturney
           Generall
           demurred
           in
           Law
           ,
           and
           the
           said
           
             Samuel
             Vassall
          
           joyned
           in
           demurrer
           with
           him
           .
        
         
           That
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           being
           then
           and
           yet
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           ,
           knowing
           the
           said
           Currants
           to
           be
           unlawfully
           seized
           and
           detained
           for
           the
           pretended
           duty
           of
           five
           shillings
           six
           pence
           imposition
           upon
           every
           hundred
           weight
           of
           the
           said
           Currants
           (
           whereas
           no
           such
           imposition
           was
           paiable
           by
           Law
           )
           did
           from
           time
           to
           time
           delay
           the
           said
           
             Samuel
             Vassall
          
           from
           having
           restitution
           of
           his
           said
           goods
           ,
           being
           often
           in
           Court
           moved
           therein
           ,
           with
           intention
           thereby
           to
           force
           the
           said
           
             Samuel
             Vassall
          
           (
           by
           wanting
           the
           said
           goods
           ,
           and
           the
           use
           thereof
           )
           to
           pay
           all
           such
           summes
           as
           the
           said
           Officers
           of
           the
           
           Customes
           pretended
           to
           be
           due
           to
           his
           Majestie
           ,
           and
           imprisoned
           the
           said
           
             Samuel
             Vassall
             ,
          
           because
           he
           refused
           to
           pay
           such
           summes
           of
           money
           as
           were
           demanded
           of
           him
           for
           the
           said
           unlawfull
           imposition
           ,
           and
           that
           in
           Trinity
           Terme
           in
           the
           sixth
           yeere
           of
           his
           Majesties
           reigne
           ,
           the
           said
           case
           comming
           to
           be
           argued
           in
           open
           Court
           upon
           the
           demurrer
           ,
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           contrary
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Lawes
           of
           this
           Realme
           ,
           and
           to
           the
           great
           impoverishment
           of
           the
           said
           
             Samuel
             Vassall
             ,
          
           did
           (
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           )
           give
           his
           opinion
           and
           judgement
           upon
           the
           said
           Information
           for
           the
           King
           ,
           and
           against
           the
           said
           
             Samuel
             Vassall
             ,
          
           and
           by
           severall
           Orders
           for
           that
           purpose
           ,
           did
           continue
           the
           possession
           of
           the
           said
           goods
           in
           the
           King
           ,
           and
           the
           said
           
             Samuel
             Vassall
          
           could
           never
           obtaine
           any
           restitution
           at
           all
           of
           the
           said
           Currants
           .
        
         
           4
           Whereas
           it
           was
           commanded
           to
           the
           Sheriffe
           of
           the
           Countie
           of
           Yorke
           ,
           by
           Writ
           under
           the
           Seale
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           dated
           the
           sixteenth
           day
           of
           May
           in
           the
           seventh
           yeere
           of
           his
           Majesties
           Reigne
           that
           now
           is
           ,
           That
           he
           should
           distraine
           
             James
             Maleverer
          
           Esquire
           ,
           to
           appeare
           before
           the
           Barons
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           in
           the
           Octaves
           of
           the
           holy
           Trinity
           then
           next
           following
           ,
           to
           make
           fine
           to
           the
           King
           for
           his
           trespasse
           and
           contempt
           in
           not
           comming
           to
           the
           presence
           of
           the
           King
           before
           the
           31.
           day
           of
           January
           in
           the
           first
           yeare
           of
           his
           said
           Majesties
           Reigne
           ,
           to
           take
           upon
           him
           the
           order
           of
           Knighthood
           ,
           according
           to
           the
           forme
           of
           a
           Proclamation
           in
           that
           behalfe
           formerly
           made
           ;
           at
           which
           day
           of
           the
           said
           Octaves
           of
           the
           holy
           Trinity
           the
           said
           
             J.
             Maleverer
          
           did
           appeare
           ,
           and
           pleaded
           to
           the
           said
           Writ
           ,
           that
           although
           his
           said
           Majesty
           ,
           the
           said
           31.
           day
           of
           January
           ,
           and
           for
           three
           days
           next
           before
           ,
           the
           said
           31.
           day
           of
           January
           was
           resident
           and
           remaining
           at
           his
           Palace
           at
           White-hall
           in
           the
           County
           of
           Middlesex
           ,
           and
           that
           the
           said
           
             James
             Maleverer
          
           the
           said
           one
           and
           thirtieth
           day
           of
           January
           ,
           and
           three
           dayes
           next
           before
           the
           said
           one
           and
           thirtieth
           
           day
           of
           January
           ,
           was
           resident
           and
           remaining
           at
           Ancliffe
           in
           the
           said
           County
           of
           Yorke
           ,
           which
           is
           distant
           from
           the
           said
           Palace
           of
           White-hall
           the
           space
           of
           one
           hundred
           and
           fourescore
           miles
           ;
           and
           that
           the
           said
           
             James
             Maleverer
          
           the
           said
           one
           and
           thirtieth
           day
           of
           January
           aforesaid
           ,
           or
           at
           any
           time
           before
           ,
           had
           no
           lands
           or
           rents
           in
           his
           owne
           hands
           ,
           or
           in
           the
           hands
           of
           Feoffees
           to
           his
           uses
           ,
           out
           of
           the
           said
           County
           of
           Yorke
           ,
           and
           that
           that
           part
           of
           the
           said
           County
           of
           Yorke
           which
           is
           neerest
           to
           the
           said
           Palace
           of
           White-hall
           ,
           the
           space
           of
           one
           hundred
           and
           thirty
           miles
           ,
           and
           that
           no
           Proclamation
           by
           vertue
           of
           any
           Writ
           of
           Proclamation
           ,
           for
           the
           appearance
           of
           any
           persons
           whatsoever
           ,
           to
           take
           the
           said
           order
           of
           Knighthood
           ,
           was
           made
           in
           any
           part
           of
           the
           said
           County
           of
           Yorke
           before
           the
           thirtieth
           day
           of
           January
           in
           the
           said
           first
           yeere
           of
           his
           Majesties
           reigne
           ,
           by
           reason
           whereof
           the
           said
           
             James
             Maleverer
          
           could
           not
           personally
           come
           to
           the
           presence
           of
           his
           said
           Majestie
           ,
           to
           take
           the
           said
           order
           of
           Knighthood
           ,
           before
           the
           said
           one
           and
           thirtieth
           day
           of
           January
           in
           the
           said
           first
           yeere
           of
           his
           said
           Majesties
           reigne
           ,
           yet
           the
           said
           
             James
             Maleverer
          
           for
           his
           fine
           in
           the
           premisses
           ,
           did
           humbly
           submit
           himselfe
           to
           the
           said
           Court
           ,
           and
           demanded
           to
           be
           discharged
           of
           the
           said
           issues
           ,
           returned
           and
           imposed
           upon
           him
           by
           reason
           of
           the
           premisses
           ;
           yet
           notwithstanding
           the
           said
           Plea
           and
           submission
           of
           the
           said
           
             James
             Maleverer
             ,
          
           and
           after
           the
           same
           was
           made
           as
           aforesaid
           ,
           and
           entred
           upon
           Record
           in
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           the
           said
           Sir
           
             Thomas
             Trevor
          
           (
           being
           then
           one
           of
           the
           Barons
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           )
           contrary
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Lawes
           of
           this
           Realme
           ,
           and
           to
           the
           great
           impoverishing
           of
           the
           said
           
             James
             Maleverer
             ,
          
           did
           (
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           )
           refuse
           to
           impose
           any
           fine
           whatsoever
           upon
           the
           said
           
             James
             Maleverer
             ,
          
           and
           told
           him
           that
           the
           said
           Court
           had
           no
           power
           to
           fine
           him
           ;
           but
           that
           hee
           might
           compound
           with
           certaine
           Commissioners
           for
           that
           purpose
           appointed
           .
           And
           did
           farther
           order
           and
           direct
           
           severall
           other
           writs
           of
           
             Distringas
             ,
          
           to
           issue
           forth
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           under
           the
           Seale
           of
           the
           said
           Court
           ,
           directed
           to
           the
           severall
           high
           Sheriffes
           of
           the
           said
           Countie
           of
           Yorke
           ,
           whereby
           the
           said
           Sheriffes
           were
           commanded
           further
           to
           distraine
           the
           said
           
             James
             Maleverer
          
           to
           appeare
           ,
           as
           aforesaid
           :
           upon
           which
           said
           writs
           of
           
             Distringas
             ,
          
           severall
           great
           and
           excessive
           issues
           were
           returned
           upon
           the
           lands
           of
           the
           said
           
             James
             Maleverer
             ,
          
           amounting
           to
           the
           summe
           of
           two
           thousand
           pounds
           or
           there
           abouts
           ,
           a
           great
           part
           whereof
           ,
           the
           said
           
             James
             Maleverer
          
           was
           inforced
           to
           pay
           ;
           and
           in
           like
           manner
           the
           said
           Sir
           
             Thomas
             Trevor
          
           (
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           )
           did
           order
           and
           direct
           such
           and
           the
           like
           proceedings
           ,
           and
           the
           said
           proceedings
           were
           had
           and
           made
           accordingly
           against
           
             Thomas
             Moyser
          
           Esquire
           ,
           and
           against
           severall
           other
           persons
           his
           Majesties
           subjects
           in
           severall
           parts
           of
           this
           Kingdome
           ,
           to
           the
           utter
           undoing
           of
           many
           of
           them
           .
        
         
           5
           That
           he
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           about
           the
           moneth
           of
           November
           ,
           
             Anno
             Domini
          
           1635.
           then
           being
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           and
           having
           taken
           an
           oath
           for
           the
           due
           administration
           of
           Justice
           to
           his
           Majesties
           liege
           people
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           ,
           subscribed
           his
           name
           to
           an
           opinion
           ,
           
             in
             haec
             verba
             :
          
           [
           I
           am
           of
           opinion
           ,
           &c.
           
             ut
             suprà
             in
             Baron
             Davenports
             Charge
             ,
             pag.
          
           30.
           
        
         
           6
           That
           in
           or
           about
           the
           moneth
           of
           February
           
             Anno
             Dom.
          
           1636.
           (
           then
           being
           one
           of
           the
           Barons
           of
           the
           said
           Court
           of
           Exchequer
           )
           he
           subscribed
           an
           extrajudicial
           opinion
           in
           answer
           to
           questions
           in
           a
           letter
           from
           his
           Majesty
           ,
           
             in
             haec
             verba
          
           :
        
         
           
             
               Charles
               R.
            
             When
             the
             good
             and
             safety
             of
             the
             kingdome
             in
             generall
             is
             concerned
             ,
             &c.
             
               ut
               suprà
               ,
               loco
               citato
               ,
            
             and
             subscribed
             
               ut
               priùs
               .
            
          
        
         
           7
           That
           the
           said
           Sir
           
             Thomas
             Trevor
          
           (
           being
           then
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           )
           did
           deliver
           his
           opinion
           ,
           and
           judgement
           in
           the
           Exchequer
           chamber
           ,
           
           against
           
             John
             Hampden
          
           Esquire
           ,
           in
           the
           Case
           of
           Ship-money
           ;
           That
           he
           the
           said
           
             John
             Hampden
          
           upon
           the
           matter
           and
           substance
           of
           the
           Case
           ,
           was
           chargeable
           with
           the
           money
           then
           in
           question
           :
           a
           copie
           of
           which
           proceedings
           and
           judgement
           the
           Commons
           in
           this
           present
           Parliament
           have
           already
           delivered
           to
           your
           Lordships
           .
        
         
           8
           That
           whereas
           in
           the
           moneth
           of
           April
           16.
           
           
             Car.
          
           the
           Officers
           of
           the
           Custome-house
           having
           seized
           a
           Ship
           of
           one
           
             Samuel
             Warner's
          
           laden
           with
           Tobacco
           ,
           being
           the
           goods
           of
           the
           said
           
             Warner
             ,
          
           the
           Bulke
           of
           the
           said
           Ship
           not
           being
           broken
           ,
           and
           no
           information
           exhibited
           for
           the
           King
           ,
           according
           to
           the
           course
           of
           the
           Exchequer
           ,
           for
           any
           duty
           ,
           the
           Barons
           were
           moved
           that
           the
           said
           Ship
           might
           be
           restored
           to
           the
           Proprietor
           ,
           giving
           security
           to
           pay
           such
           duties
           as
           did
           belong
           to
           the
           King
           ;
           But
           upon
           the
           allegation
           of
           the
           Kings
           Attorney
           that
           there
           needed
           no
           information
           ,
           because
           there
           was
           no
           penaltie
           ,
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           (
           being
           then
           one
           of
           the
           Barons
           of
           his
           Majesties
           said
           Court
           of
           Exchequer
           ,
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           Court
           ,
           )
           did
           (
           contrary
           to
           his
           oath
           ,
           and
           contrary
           to
           the
           Laws
           of
           this
           Realme
           ,
           )
           deny
           the
           restitution
           of
           the
           said
           Ship
           ,
           unlesse
           all
           the
           duties
           demanded
           by
           the
           Farmours
           of
           the
           Custome-house
           were
           first
           paid
           .
           Hereupon
           the
           said
           
             Warner
          
           brought
           an
           action
           of
           
             Trover
          
           in
           the
           office
           of
           Pleas
           in
           the
           Exchequer
           against
           the
           said
           Officers
           that
           seized
           his
           Ship
           and
           goods
           :
           whereupon
           the
           Kings
           Attorney
           generall
           exhibited
           an
           information
           by
           English
           Bill
           in
           the
           Exchequer
           chamber
           against
           the
           said
           
             Warner
          
           ;
           setting
           forth
           ,
           that
           Customes
           and
           Subsidies
           upon
           Merchandize
           were
           a
           great
           part
           of
           the
           Kings
           revennue
           ,
           and
           payable
           to
           him
           ;
           and
           that
           the
           said
           Ship
           was
           seized
           for
           non-payment
           of
           the
           aforesaid
           duties
           ,
           notwithstanding
           the
           said
           
             Warner
          
           then
           Proprietor
           ,
           prosecuted
           the
           Officers
           upon
           a
           suit
           at
           Law
           ,
           and
           prayes
           that
           hee
           may
           answer
           the
           said
           Information
           before
           any
           further
           proceedings
           be
           had
           at
           Law
           :
           Thereupon
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           (
           together
           with
           the
           rest
           of
           the
           then
           Barons
           of
           the
           said
           
           Court
           of
           Exchequer
           ,
           )
           ordered
           ,
           that
           the
           Proprietor
           moving
           for
           delivery
           of
           the
           said
           goods
           ,
           should
           first
           answer
           to
           the
           said
           Information
           ;
           after
           which
           the
           said
           
             Warner
          
           demurred
           to
           the
           said
           Information
           in
           regard
           no
           title
           for
           any
           certaine
           dutie
           was
           set
           forth
           by
           the
           Information
           ,
           which
           demurrer
           yet
           remains
           not
           over-ruled
           ;
           but
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           with
           the
           said
           other
           Barons
           ,
           (
           without
           over-ruling
           the
           demurrer
           )
           ordered
           ,
           (
           because
           
             Warner
          
           had
           put
           in
           a
           demurrer
           and
           not
           answered
           to
           the
           said
           Information
           ,
           that
           hee
           should
           not
           proceede
           upon
           the
           action
           of
           
             Trover
             .
          
           The
           Proprietor
           being
           thus
           prevented
           of
           his
           remedie
           by
           action
           at
           Law
           ,
           sued
           forth
           a
           
             Replevin
             ,
          
           and
           (
           upon
           pretence
           of
           viewing
           the
           said
           goods
           ,
           )
           caused
           them
           to
           be
           brought
           forth
           of
           a
           Cellar
           ,
           hired
           by
           a
           deputie
           of
           the
           Farmours
           to
           that
           use
           ;
           and
           being
           brought
           forth
           ,
           they
           were
           taken
           by
           the
           Sheriffe
           of
           London
           ,
           by
           vertue
           of
           the
           said
           
             Replevin
          
           ;
           and
           upon
           oath
           made
           of
           the
           manner
           of
           the
           taking
           ,
           as
           aforesaid
           ,
           before
           the
           Barons
           ,
           and
           upon
           view
           of
           the
           President
           ,
           inrolls
           his
           case
           ;
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           with
           the
           said
           other
           Barons
           ,
           adjudged
           ,
           that
           the
           said
           goods
           were
           not
           Replevisable
           ,
           and
           granted
           an
           Injunction
           to
           maintain
           the
           possession
           of
           them
           as
           they
           were
           before
           .
        
         
           And
           the
           said
           house
           of
           Commons
           by
           protestation
           ▪
           saving
           to
           themselves
           only
           the
           liberties
           of
           exhibiting
           at
           any
           time
           hereafter
           any
           other
           accusation
           or
           impeachment
           against
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           and
           also
           of
           replying
           to
           the
           answer
           that
           he
           the
           said
           Sir
           
             Thomas
             Trevor
          
           shall
           make
           unto
           the
           said
           Articles
           ,
           or
           any
           of
           them
           ,
           or
           of
           offering
           proof
           of
           the
           premisses
           ,
           or
           any
           of
           their
           impeachments
           or
           accusations
           that
           shall
           be
           exhibited
           by
           them
           ,
           as
           the
           Case
           shall
           (
           according
           to
           the
           course
           of
           Parliaments
           )
           require
           ,
           doe
           pray
           that
           the
           said
           Sir
           
             Thomas
             Trevor
             ,
          
           one
           of
           the
           Barons
           of
           his
           Majesties
           Court
           of
           Exchequer
           ,
           may
           be
           put
           to
           answer
           to
           all
           and
           every
           the
           premisses
           ;
           and
           that
           such
           proceedings
           ,
           examinations
           ,
           trialls
           ,
           and
           judgements
           may
           be
           upon
           every
           of
           them
           had
           and
           used
           ,
           as
           is
           agreeable
           to
           Law
           and
           Justice
           .
        
         
           FINIS
           .