Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	say_a	sovereign_a	7,337	5	10.1582	5	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

sufficient baile And he the said Sir Robert Berkley being one of the Justices of the Court of the Kings Bench denyed to grant his Majesties writs of Habtas Corpus to very many others his Majesties subiects 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 hee 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 Rebert 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 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 tythes for rents 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 he the said Sir Robert Berkley being one of the Justices of the said Court of Kings Bench and sitting in the said Court deferring to grant a prohibition to the said Court Christian in the said cause although the Councel did move in the said Court many severall times and severall termes for a prohibition And he the said Sir Robert 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 Lawes 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 Majesty 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 Rebert 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 misdemeanors 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 shall make to the said Articles or any of them or of offering proofe of the premises 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 used as is agreeable to Law Justice Articles of the House of Commons in the name of themselves and of all the Commons of England against Sir Iohn Bramston Knight Lord chiefe Iustice of the Court of Kings Bench impeaching him as followeth 1. THAT the said Sir Iohn Bramston then being Lord Chiefe Justice 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 peculicaly redound to the good of the Ports or Maritime parts as in case of Pyracy 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 Majesty 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 2. That he the said Sir Iohn Bramston then being Lord chiefe Justice of the Court of Kings Bench about the Month of February 1635. did subscribe an extrajudiciall opinion in answer to questions in a letter from his Majesty which letter questions and answers follow in haec verba Charles R. When the good and safety 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 he 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 Wee have according to your Majesties command severally every man by himselfe and all of us together taken into serious consideration the Case Question assigned 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 Majesty may by writ under the great Sealt 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 Brampflan Iohn Finch Humphtey Davenport Iohn Denham Richard Hutton William Iones George Crooke Thomas Trevor George Vernon Robert Derkley Francis Crewley 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

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 suprÃ 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 utsuprÃ 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

command from his Majesty being procured to the Judges and sent to them by William Noy Esquire his Majesties then Attorney generall to deliver their opinions touching the question whether Corne was such victualls as was intended to have the price rated within the said Statute In answer to which demand the said Sir Robert Rerkley 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 he thirtieth day of Novem in the eight yeare of his now Hajesties Reigne 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 purppose 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 the said William Noy his Majesties then Attorney generall against Iohn Overman and fifteene other Soape-makers Defendanes charging them with severall pretended offences contrary to divers Letters Patents and Proclamations touthing 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 demurrer 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 Parents Charters Customes and Act of Common Councell of the City of London and other matters materially conducing to their defence and in conclusion pleaded not guilty The said Sir Robert Berkler 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 Reigne upon an Order of Reference to him and others by the said Court of Star-Chamber to consider of the impertinency 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 be expunged leaving thereby no more substance of the said answers then the Plea of not guilty And after upon a Reference to him and others by order of the said Court of the impertinency 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 Mâ—y in the eighth yeare of his now Majesties Reigne certified that nine and thirty of the said Interrogarories and the deposiâ—ions upon them taken should bee suppressed with answers except as aforesaid and depositions although the same did containe the said Defendants most materiall defence Yet were expunged 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 Iohn Overman and the said other fifteene Defendants were sentenced in the said Court of Star-chamber to be committed prisoners to the Fleet and disabled from using their trade of Soap-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 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 rnine of the said Defendants and to the overthrow of free trade and contrary to the liberty of Subjects 4. That he the said Sir Robert Berkley then being one of the Justices of the 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 Pyracy or Dâ—predations 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 Majesty 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 duely sworn as aforesaid In Febru 1636. 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 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 Victualls and Munition and for such time as he 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 avoyded C. R. May it please your most excellent Majesty 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 Majesty and inclosed in your Royall Letter And we 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 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 Majefly 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 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 be prevented and avoyded Iohn Bramston Iohn Finch Humphrey Davenport Iohn Denham Richard Hutton

such cause onely as was clearly baileable by Law yet hee 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 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 sud Sir Iohn Brampston 4. That whereas there was a cause depending in the Court Christian at Norwich between Samul Booly Clerk and _____ Collard for two shillings in the pound for tythes for rents of houses in Norwich 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 tythes for rents of houses in Norwich which was determinable by the Common Law only yet he the said Sir Iohn Brampston being chiefe Justice 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 Counsell did move in the said Court severall times and several termes for a Prohibitions And he the said Sir Iohn Bramston deferred to grant his Majesties writs of prohibition to severall other Courts on the motions of divers others of his Majesties subjects where the same by Laws of this Realme ought to have been granted 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 any time hereafter any other accusation or impeachment against the said Sir Iohn Brampston and also of replying to the answer that he the said Sir Iohn Brampston 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 bee exhibited by them as the Case shall according to the course of Parliaments require doe pray that the said Sir Iohn Brampston Lord chiefe Justice of the Court of Kings Bench may bee 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 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 Justices of the Court of Common-pleas 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 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 patts as in case of Piracie or Depredations upon the Seas there the charge hath been and may bee 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 Majesty is the onely Judge there the charge of the defence ought to bee borne by all the Realme in generall This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Ann. Dom. 1636. then being one of the Justices of the said Court of Common-pleas 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 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 he 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 avoyded C.R. May it please your most excellent Majesty We have according to your Majesties command severally every man by himselfe and all of as together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royall Letter And we 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 Ships with Men Victuall and Munition and for such time as your Majesty 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 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 us to be prevented and avoyded Iohn Bramston Iohn Finch Humphrey Davenport Iohn Denham Richard Hutton William Jones George Crooke Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Westone 3. That hee then being one of the Justices of the said Court of Common pleas delivered an opinion in the Exchequer Chamber against Iohn Hampden Esquire in case of Ship-money that he the said Iohn Hampden upon the matter substance of the case was chargeable with the money then in question a copy of which proceedings and judgement the Commons of this present Parliament have already delivered to your Lordshis 4. That he then being one of the Justices of the said Court of Common-pleas declared and published in the Exchequer Chamber and Westminster Circuit 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 malicious 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 property and contrary to former resolutions in Parliament and to the petition of Right which said resolutions and petitions of Right were well knowne to him 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 Francis Crawley also of replying to the answer

of Yorke and that that part of the said County of Yorke 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 Yorke before the thirtieth day of January in the said first yeare of his Majesties Reigne by reason whereof the said Iames Malaverer could not personally come to the presence of his said Majesty 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 Iames 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 Iames 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 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 and that hee must compound with certaine Commissioners for that puropose 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 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 Iames Maleverer amounting to the somme of two thousand pounds or thereabours a great part whereof the said Iames Maleverer was inforced 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 Yorke against Peter Smart Clerke 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 triall was afterwards had viz. in August in the seventh yeare of his said Majesties Reigne before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi crius for the County Palatine of Durham concerning the Corps of the Prebend of the said Mr. Smart which was then pretended to bee void 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 dehaeret co comburendo did publikely on the Bench in the presence of divers his Majesties subjects then attending declare his opinion to bee that the said Prebends place was void and gave directions to the Jury then at Barre to finde accordingly and being then informed that although the said Master Smart had beene dead or deprived yet the profits of his Prebend had beene due to his Executors till the Michaelmas following the said Sir Numphrey Davenport then answered that though the said Master Smart was not dead yet if he had had his desert he had beene dead long agoe for hee deserved to have beene 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 plain Smart And when the said Jury had found against the said Mr Smart the said Sir H. Davenport in scandall of his Majesties Government and Justice and of the proceedings of his Majesties Judges did publikely as aforesaid speak words to this effect that the said Jury had well done and that the said Smart had no remedy save by appeale to the King and there he should finde but cold comfort for the King would not goe against his owne Prerogative upon which the Judges and high Commissioners did depend and therfore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord chiefe Baron 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 that Realme subscribed his name to an opinion in haec verba I am of opinion that as where the benefit doth more particularly redound to the good of the Potts or Maritime parts as in case of Pyracy or Depredations upon the Seas there the charge hath beene and may bee 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 Majesty 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 Month of February 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 Majesty in haec verba Charles R. When the good and safety 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 he 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 Wee have according to your Majesties command severally every man by himselfe and all of us together taken into serious consideration the Case Question assigned by your Majestie and inclosed in your Royall Letter

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