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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	lord_n	say_a	4,832	5	7.2464	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38203	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.	1641 (1641)	Wing E2521; ESTC R6725	30,776	51

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

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

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

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

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

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