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A25924 Articles of accusation exhibited by the Commons House of Parliament now assembled against St. John Bramston, Knight, Sr. Robert Berkley, Knight justices of His Majesites 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. 1641 (1641) Wing A3833; ESTC R38534 30,976 35

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ARTICLES OF ACCUSATION EXHIBITED By the Commons House of Parliament now assembled AGAINST Sr. John Bramston Knight Justices of his Majesties Bench. 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 Barons of his Majesties Exchequer Sr. Richard Weston Knight and Barons of his Majesties Exchequer Sr. Thomas Trevor Knight Barons of his Majesties Exchequer 2 CHRON. 19.6 7. Jehosaphat said to the Judges Take heed what ye doe for ye judge not for man but for the Lord wherefore let the feare of the Lord be upon you for there is no iniquity with the Lord our God nor taking of gifts Printed in the yeare 1641. 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 impraching 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 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 extraiudiciall opinion in answer to questions in a Letter from his Maiesty in haec verba Charles R. When the good and safety of the Kingdome in generall is concerned c utsuprà 3 That the said Sir Richard Weston being then one of the Barons of his Maiesties Court of Exchequer did deliver his opinion and iudgement in the Exchequer chamber against Iohn Hampden Esquire in the Case of shipmoney That he the said Iohn Hampden c. as in Judge Crawley's Charg 4. That where as in the moneth of April 16. Carol the Officers of the Custome-house having seised a ship of one Samuel Warner's laden with Tabacco 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 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 Farmers 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 seised 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 revenue and payable to him and that the said ship was seised 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 Farmors 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 adiudged that the said goods were not replevisable and granted an Iniunction 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 premises 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 Richard Weston one of the Barons of his Maiesties Court of Exchequer may be put to answer c. The Articles of impeachment of Sir Robert Berkley Knight one of the Iustices of the Court of the Kings Bench by the Commons in this present Parliament assembled in their own 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 1. 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 in stead thereof to introduce an Arbitrary and Tyrannicall government against Law which he hath declared by traiterous and wicked words opinions judgements practices and actions appearing in the severall Articles ensuing 2. Whereas by the Statute made in the five and twentieth yeare of the reigne of the late King Henry the eight 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 victualls thereby intended Neverthelesse some ill affected persons endevouring to bring a charge upon the subjects contrary to Law did surmise that the prices of Corn might be rated and set according to the direction of that Statute and thereupon great gaine might be raised to his Majesty by licenses and dispensations for selling Corne at other prices And a
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 Majesty 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 Shippes 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 Majesty 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 be prevented and avoided Iohn Brampston Iohn Finch Humphrey Davenport Iohn Denham Richard Hutton William Iones George Crooke Thomas Trevor George Vernon Robert Derkley Frantis Crawley Richard Weston That whereas an action of Battery was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded Justification de son assault de mesme and the said cause came to triall at the Assizes holden for the County of Gloucester in Summer 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisiprius for that County At the said triall the said Robert Hoblins did begin to make proofe of his said Justification and produced one Robert Tily 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 distreine the same for fourty 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 strooke the said Hobilins with a staffe who after 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 sayd Hoblins desired that other of his witnesses then present and sworne might bee heard nor his Councell to speak for him but being informed that the said Hoblins when Ship-money was demanded of him answered that hee 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 Court in great passion reprove the said Hollins 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 the Realine 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 Daverport did then also without any cause imprison the said Robert Hoblins and bound him to the good behaviour That whereas in the month of April Decimo sexto Caroli the Officers of the Custome-house having seized a Shippe of one Samuel Warner laden with Tobacco being the goods of the said Warner the Bulk 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 bee restored to the Proprietors giving security to pay such duties as did belong to the King But upon the allegation of the Kings Atturney that there needed no information because there was no penalty 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 Shippe 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 Shippe and Goods Whereupon the Kings Atturney generall exhibited an information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customes and Subsidie upon Merchandize were a great part of the Kings revenne and payable to him And that the said Ship was seized for non-payment of the foresayd duties notwithstanding the said Warner then Proprietor prosecuted the Officers upon a suit at Law and prayes that he may answer the said information before any further proceedings bee 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 duty was set forth by the Information which demurrer yet remaines not over-ruled but the said Sir Humphrey Davenport with the said other Barons without over-ruling the demurter 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 pre●ence of viewing the said goods caused them to bee brought forth of a Cellar hired by a Deputy to the Farmours 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 the case the said Sir Hemphrey 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 protestation saving to themselves only the liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir H. Davenport also of replying to the answer that he the said Sr Humphrey Davenport shal 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 bee exhibited by them as the Case shall according to the course of Parliaments require doe pray that the said Sir Hamphrey Davenport Lord chiefe Baron of his Majesties Court of Exchequer may bee put to answer to all and every the premisses and that such
said County of Yorke 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 thereabouts a great part whereof the said Ianes 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 suprain Baron Davenports Charge pag. 30. 6 That in or about the moneth of February Anno Domini 1636. then being one of the Barons of the said Court of Exchequer he subscribed an extrajudiciall 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 Iohn Hampden Esquire in the case of Ship-money That he 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 in this present Parliament have already delivered to your Lordshippes 8. That whereas in the moneth of April 16. Car. the Officers of the Custome-house having seised 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 Atturney that there needed no information because there was no penalty the said Sir Thomas Trevor being then one of the Barons of his Maiesties 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 Lawes of this Realme deny the restitution of the said Ship unlesse all the duties demanded by the Farmors 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 seised his Ship and goods whereupon the Kings Atturney generall exhibited an information by English Bill in the Exchequer chamber against the said Warner setting forth that customes and Subsidies upon Merchandise were a great part of the Kings revenue and payable to him and that the said Ship was seised for non-payment of the aforesaid duties notwithstanding the said Warner then 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 Thereup 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 duty was set forth by the Information which demurrer yet remaines 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 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 deputie of the Farmors 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 Iniunction to maintaine 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 premises 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 Maiesties Court of Exchequer may be put to answer to all and every the premises and that such proceedings examinations tryals and judgements may be upon every of them had and used as is agreeable to Law and Justice FINIS
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 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 Iohn Rolls George Moore and other Merchants of London were Proprietors being seised and conveyed into certaine Store-houses at the Custome-house by Sir Iohn Worstenham Abraham Dawes and others the Farmors 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 subsidy or duty of Tonnage or Poandage was due or payable for the same no Subsidy of Tonnage and Poundage having beene granted by Parliament to his Majesty The said Iohn Rolls and other the Proprietors of the said goods having by reason of such unlawfull seisure and detainer as aforesaid sued forth one or more writ or writs of Replevin directed to the Sheriffes of London being the proper remedy 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 the delivery 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 publiquely in the said Court of Exchequer that the said goods by Law were not Replevisable alleaging 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 the time being served with the said Injunction did forbeare to execute the said writ or writs of Replevin By meanes whereof the said good continued so detained as aforesaid contrary to Law from the said moneth of November untill the moneth of June next following That the said 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 payble 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 Majesty That to the end aforesaid the said Sir Thomas Trevor and the said other Barons refused to accept of any security to be given by the said Proprietors upon restitution had of their goods for payment of all such duties as should to made appeare to be made payable to his Majesty 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 Majesty and the said Proprietors refufing 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 Majesty 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 Majesty 2. That in or about January 4. Car. the said Officers having seised 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 tho said Sir Thomas Trevor together with the said other Barons did in like manner in the said Court of Exchequer declare the said Chambers his 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 Chambers his 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 23. of November 5. Carol 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 yeere of his said Majesties reigne the Farmers and Officers of the Custome-house having seised 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 refased 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 yeere of his Majesties raigne his
Majesties then Attorney Generall exhibited an information by English Bill in the Exchiquer-chamber against the said Samuel Vassall setting forth that King Iames by his Letters Patents dated the 3. of November in the second yeere of his Raigne did command that the said imposition of 5. s. 6. d. uppon every hundred weight of Currants should be demanded and received And that his Maiestie that now is by his Letters Patents dated the six and twentieth day of July in the second year of his Raigne did by advise of his Privy 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 Iames 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 Car●iarthen Surveyour in the said port of London the said first day of October demanded of the said Samuel Vassall the said impofition of five shillings sixe 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 born 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 Currans was and is malum calnetum 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 seised 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 payable 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 yeare of his Majesties raigne 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 of 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 County of Yorke by Writ under the Seale of his Majesties Court of Exchequer dated the sixteenth day of May in the seventh yeare of his Majesties Raigne that now is That he should distraine Iames 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 the behalfe formerly made at which day of the said Octaves of the holy Trinity the said Iames Maleverer did appeare and pleaded-to the said writ that although his said Majesty the said 31. day of January and for three dayes next before that said 31. day of January was resident and remaining at his Palace at White-hall in the County of Middlesex and that the said Iames 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 Youke which is distant from the said Palace of White-hall the space of one hundred and foure score miles and that the said Iames 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 lin 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 or 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 yeare of his Majesties reigne by reason whereof the said Iames 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 said Majesties reigne yet the said Iames Maleverer for his fine in the premises 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 premises yet notwithsanding the said Plea and submission of the said Iames 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 th's Realme and to the great impoverishing of the said Iames Maleverer did togeter with the rest of the then Barons of the said Court refuse to impose any fine whatsoever upon the said Iames Maleverer and told him that the said Court had no power to fine him but that he might compound with certaine Commissioners for that purpose appointed And did further order and direct severall other writs of D●stringas 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