the Heirs their Livery in prejudicium impregnaturae This was conceived negotium novum difficile and the King having commanded the Chancellour and Judges to deliver their Opinions in writing they returned Quod non audebant dictum negotium definire nec Domino Regi consulere sine assensu magnatum propter raritatem difficultatem Whereupon day was given to the Parties ad proximum Parliamentum And your Lordships well know the special care that is taken by the Statute of 14 Ed. 3. cap. 5. that such matters as for the difficulty are not fit for the Judges or through eminent delay are not dispatched by the Judges shall be determined in Parliament Not such matters as the parties concerned had rather venture upon your Lordships judgments then upon the Rules and Proceedings of the Law God knows what mischief and confusion may fall out upon that admission there must be such difficulty such delay before that Statute meant your Lordships Justice should be concerned in the resolution I wish these Gentlemen had thought this business a matter of that difficulty as had been fit for such a delay My Lords We come next to the Charge concerning Knighthood Mr. Maleverer appears upon the Process of that Court pleads and submits to his Fine ponit se in gratiam Curiae The Barons refuse to impose any Fine they had no power to do that he must treat with certain Commissioners appointed for that purpose and compound with them Your Lordships have not met in the same Men such contradictions of Crimes who would suspect the same Men in one Charge to have the mettle to Usurp the Power and Exercise the Jurisdiction of the highest Court the Court of Parliament and presently to want the Spirit to do that which was so restrained and peculiar to their places to have done as that none else could do it They had no power to Fine as if the sole business of Sworn Judges in a Court of Law were to summon and call Men thither and then to send them on Errands to other Commissioners for Justice 'T is true the Commissioners of 1 Edw. 1. to Tiptoffe and Berk and since to others were and have been to compound with those who desired to compound not otherwise they had no power to compel any to fine any that trust by the Law was and is only in the Judges so that if this duty were aright to his Majesty and the Persons lyable refuse to compound for ought these Judges can do the King must lose this Duty they can impose no Fine only they have found a Trick which they call the Course of the Court to make his Majesty a saver appear while you will plead what you will submit to the mercy of the Court Issues shall go on still as if you did neither till you have done somewhat that Court will not order you to do nor is bound to take notice of when you have done your Lordships will help us out of this Circle And that you may see how incapable they are of any excuse in this point the very Mittimus out of Chancery gives them express Command amongst other things Vt fines omnium illorum qui juxta proclamationem predict ' ordinem ante predict ' diem suscepisse debuerunt capiatis c. 'T is only worth your Lordships observation this misfortune commonly attends and may it ever those absolute disused Rights that be the thing in it self in a degree lawful the Advisers and Ministers of it so fail in the Execution that as it usually proves as grievous to the Subject so by some Circumstances it proves as penal to the Instruments as if it were in the very nature of the thing against all the Laws of Government I have wearied your Lordships You see in what a dress of injustice subtilty and oppression I am very unwillingly compelled to present these Judges to you if they appear to your Lordships under any other Character of known and confessed learning in the whole course of their lives how far that will aggravate their fault your Lordships must only judge If under the excuse of Ignorance or not much Knowledge in the duty of their places your Lordships will easily conclude what infinite mischief of which your Lordships have no particular Information the Subjects of this Kingdom have suffered in their Lives in their Fortunes under such Ignorance and such Presumption If under the Reputation of Prudence and Integrity in all Cases except these presented to your Lordships your Lordships will be at least of the same opinion that he of Lacedemon was of the Athenians if they carried themselves well when time was and now ill they deserve a double punishment because they are not good as they were and because they are evil as they were not My Lords If the excellent envied Constitution of this Kingdom hath been of late distempered your Lordships see the Causes if the sweet harmony between the King's Protection and the Subjects Obedience hath unluckily suffered interruption if the Royal Justice and Honour of the best of Kings have been mistaken by his People if the Duty and Affection of the most Faithful and Loyal Nation have been suspected by their gracious Sovereign If by these misrepresentations and these misunderstandings the King and People have been Robbed of the delight and comfort of each other and the blessed Peace of this Island been shaken and frighted into Tumults and Commotions into the Poverty though not into the rage of War as a People prepared for Destruction and Desolation These the are Men Actively or Passively by doing or not doing have brought this upon us Misera servitus falsò pax vocatur ubi Judicia deficiunt incipit Bellum My Lords I am Commanded by the House of Commons to desire Your Lordships that these Three Judges may be speedily required to make their Answers to these Impeachments and that such further Proceedings may be had against them as the Course and Justice of Parliament will admit The ARTICLES were as followeth Articles of the House of Commons in the Name of themselves Articles of Impeachment against Judge Davenport July 6 1641. and of all the Commons of England against Sir Humphrey Davenport Knight Lord Chief Baron of His Majesties Court of Exchequer Impeaching him as followeth THat whereas in the Month of October in the fourth Year of His Majesties Reign the Farmers and Officers of the Custom-House having seized great Quantities of Currants being the Goods of Samuel Vassal Merchant and having conveyed them into certain Store-Houses at the Custom-House and detained them because the said Samuel Vassal refused to pay an Imposition of five Shillings six Pence upon every hundred weight of the said Currants pretended to be due upon and demanded by the said Farmers and Officers on his Majesties behalf for the said Currants whereas no such Imposition was due or payable for the same but the said Imposition was and is against the Laws of this Realm And whereas also in
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 he must compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to issue forth of His Majesties said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two Thousand Pounds or thereabouts a great part whereof the said James 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 several other Persons His Majesties Subjects in several Parts of this Realm to the utter undoing of many of them 2. That a Sentence of Degradation being given by the High Commissioners of the Province of York against Peter Smart Clerk one of the Prebends of the Church of Durham for a Sermon by him formerly Preached against some Innovations in the Church of Durham a Tryal was afterwards had viz. in August in the seventh Year of his said Majesties Reign before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham concerning the Corps of the Prebend of the said Master Smart which was then pretended to be void by the said Sentence of Degradation the said Sir Humphrey Davenport contrary to his Oath and contrary to the Laws of this Realm and to the destruction of the said Master Smart upon reading the Writ de haeretico comburendo did publickly on the Bench in the presence of divers His Majesties Subjects then attending declare his Opinion to be That the said Prebends Place was void and gave directions to the Jury then at Bar to find accordingly and being then informed that although the said Master Smart had been dead or deprived yet the Profits of his Prebend had been due to his Executors till the Michaelmas following the said Sir Humphrey Davenport then answered That though the said Master Smart was not dead Yet if he had his desert he had been dead long ago for he deserved to have been hanged for the said Sermon and that he was as wicked a Man as any lived in the World call him no more Master Smart but plain Smart And when the said Jury had found against the said Master Smart the said Sir Humphrey Davenport in scandal of His Majesties Government and Justice and of the Proceedings of His Majesties Judges did publickly as aforesaid speak Words to this effect That the said Jury had well done and that the said Smart had no remedy save by appeal to the King and there he should find but cold Comfort for the King would not go against his own Prerogative upon which the Judges and High Commissioners did depend and therefore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord Chief 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 Laws and Statutes of this Realm 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 Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the Defence ought to be borne by all the Realm in general 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 Chief Baron of the said Court of Exchequer subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty ut supra in the Articles against Judge Bramston and Judge Berkley 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 Tryal at the Assizes holden for the County of Gloucester in Summer An. 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that County At the said Tryal the said Robert Hoblins did begin to make proof of his said Justification and produced one Robert Tilly a Witness 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 Cows of the said Hoblins pretending they had a Warrant from the Sheriff to distrain the same for forty Shillings assessed upon the said Hoblins for Ship-Money And when the said Hoblins being present endeavoured to hinder the said Legge and others from taking away his said Cattel the said Legge strook the said Hoblins with a Staff who after defended himself 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 behalf though the said Hoblins desired that other of his Witnesses then present and sworn might be heard nor his Councel to speak 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 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 Laws of the Realm Publish Declare and affirm that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury Sworn in that cause to find a Verdict for the said Richard Legge And the said Jury did accordingly and gave him twenty Pound damages 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 Month of April Decimo sexto Caroli the Officers of the Custom-House having Seized a Ship 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 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 Humphrey Davenport being then Lord Chief 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 Laws of this Realm deny the restitution of the said Ship unless all the duties demanded by the Farmers of the Custom-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 General exhibited an Information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customs and Subsidies upon Merchandise were a great part of the Kings Revenue 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 he 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 certain duty was set forth by the Information which demurrer yet remains not over-ruled but the said Sir Humphrey Davenport with the said other Barons without over-ruling the demurrer Ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon pretence of viewing the said Goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmers to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President Inrolls the Case the said Sir Humphrey Davenport with the said other Barons adjudged that the said Goods were not Replevisable and granted an Injunction to maintain 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 Humphrey Davenport and also of replying to the answer that he the said Sir Humphrey Davenport shall make unto the said Articles or any of them or of offering proof of the Premisses or any of their Impeachments or Accusations that shall be Exhibited by them as the Case shall according to the course of Parliaments require do pray that the said Sir Humphrey Davenport Lord Chief Baron of His Majesties Court of Exchequer may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice The ARTICLES against Mr. Justice Trevor were as followeth 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 Merchandises whereof John Rolls George Moore and other Merchants of London were Proprietors being Seized and conveyed into certain Store-Houses at the Custom-House by Sir John Worstenham Abraham Dawes and other the Farmers and Officers of the Customs and by them there detained because the said Proprietors refused to pay the Subsidy of Tonnage and Poundage pretended to be due and demanded by the said Farmers and Officers on His Majesties behalf for the said Merchandises whereas no such Subsidy or Duty of Tonnage or Poundage was due or payable for the same no Subsidy of Tonnage and Poundage having been granted by Parliament to His Majesty The said John Rolls and others the Proprietors of the said Goods having by reason of such unlawful Seizure and Detainer as aforesaid Sued forth one or more Writ or Writs of Replevin directed to the Sheriffs of London being the proper remedy provided by the Law to regain 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 Seal of the said Court to Issue forth directed to the Sheriffs 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 it 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 own Possession whereas the same did not judicially appear to them and they did well know that the said Goods were at that time in the Possession of the Farmers and Lessees of the said Customs and no Lawful cause to them appearing or suggested of the taking and detaining of the said Goods which Injunctions and Declaration so granted and made were and are against the Laws of this Realm 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 Lawful cause That the Sheriffs of London for the time being served with the said injunction did forbear to execute the said Writ or Writsof Replevin by means whereof the said Goods continued so detained as aforesaid contrary to Law from the Month of November till the Month of June 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
his Opinion and Judgment upon the said Information for the King and against the said Samuel Vassall and by several Orders for that purpose did continue the possession of the said Goods in the King and the said Samuel Vassall could never obtain any restitution at all of the said Currants 4. Whereas it was commanded to the Sheriff of the County of York by Writ under the Seal of His Majesties Court of Exchequer Dated the sixteenth Day of May in the seventh year of His Majesties Reign that now is That he should distrain James Maleverer Esquire to appear 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 Trespass and Contempt in not coming to the presence of the King before the 31. Day of January in the first year of His said Majesties Reign to take upon him the Order of Knighthood according to the Form of a Proclamation in that behalf formerly made at which day of the said Octaves of the Holy Trinity the said James Maleverer did appear and Pleaded to the said Writ that although His said Majesty the said 31. Day of January and for three days next before the said 31. Day of January was resident and remaining at His Palace at White-Hall in the County of Middlesex and that the said James Maleverer the said 31. Day of January and three days next before the said one and thirtieth Day of January was resident and remaining at Ancliffe in the said County of York which is distant from the said Palace of White-Hall the space of one hundred and four-score Miles and that the said James Maleverer the said one and thirtieth Day of January aforesaid or at any time before had no Lands or Rents in his own hands or in the hands of Feoffees to his uses out of the said County of York and that that part of the said County of York which is nearest 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 York before the thirtieth Day of January in the said first year of His Majesties Reign by reason whereof the said James Maleverer 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 year of His said Majesties Reign yet the said James Maleverer for his Fine in the Premisses did humbly submit himself to the said Court and demanded to be discharged of the said Issues returned and imposed upon him by reason of the Premisses yet notwithstanding the said Plea and Submission of the said James Maleverer and after the same was made as aforesaid and entred upon Record in His Majesties said Court of Exchequer and the said Court moved for stay of the Process and discharge of the Issues the said Sir Thomas Trevor being then one of the Barons of the said Court of Exchequer contrary to his Oath and contrary to the Laws of this Realm and to the great Impoverishing the of 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 Malverer and told him that the said Court had no Power to Fine him and that the must Compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to Issue forth of His Majestie 's said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two thousand Pounds or thereabouts a great part whereof the said James Maleverer was enforced 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 unjust and undue proceedings and the said proceedings were had and made accordingly against Thomas Moyser Esquire and against several other Persons His Majesties Subjects in several parts of this Realm to the utter undoing of many of them 5. That he the said Sir Thomas Trevor about the Month 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 Laws and Statutes of this Realm subscribed his Name to an Opinion in haec verba I am of Opinion c. ut suprà in Baron Davenport's Charge 6. That in or about the Month of February Anno Dom. 1636. the said Sir Thomas Trevor being then one of the Barons of the said Court of Exchequer subscribed an Extrajudicial Opinion in answer to Questions in a Letter from his Majesty in haec verba Charles R. When the Good and Safety of the Kingdom in general is Concerned c. ut suprà 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 Judgment in the Exchequer-Chamber against John Hampden Esq in the Case of Ship-Money That he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in question a Copy of which Proceedings and Judgment the Commons in this present Parliament have already delivered to your Lordships 8. That whereas in the Month of April 16 Caroli the Officers of the Custome-House having seised a Ship of one Samuel Warners 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 be restored to the Proprietor giving Security to pay such Duties as did belong to the King But upon the Allegation of the King's Attorney that there needed no Information because there was no Penalty the said Sir Thomas Trevor 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 Laws of this Realm deny the restitution of the said Ship unless all the Duties demanded by the Farmers of the Custom-House were first paid Hereupon the said Warner brought an Action of Trover upon the Case in the Office of Pleas in the Exchequer against the said Officers that seized his Ship and Goods whereupon the King's Attorney
General exhibited an Information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customs and Subsidies upon Merchandize were a great part of the King's Revenue and payable to him and that the said Ship was seized for non-payment of the aforesaid Duties Notwithstanding the said Warner the Proprietor prosecuted the Officers upon a Suit at Law and prays that he may Answer the said Information before any further Proceedings be had at Law Thereupon the said Sir Thomas Trevor together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for delivery of 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 certain Duty was set forth by the Information which Demurrer yet remains not over-ruled But the said Sir Thomas Trevor with the said other Barons without over-ruling the Demurrer ordered because Warner had put in a Demurrer and not answered to the said Information that 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 of the Farmers to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President in Rolls his Case the said Sir Thomas Trevor with the said other Barons adjudged that the said Goods were not replevisable and granted an Injunction to maintain the Possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Thomas Trevor and also of replying to the Answer that he the said Sir Thomas Trevor shall make unto the said Articles or any of them or of offering proof of the Premisses c. The Articles against Mr. Baron Weston were these Articles of the House of Commons Articles of Impeachment against Baron Weston July 6. 1641. in the name of themselves and all the Commons of England against Sir Richard Weston Knight one of the Barons of His Majesties Court of Exchequer Impeaching him as followeth 1. THat the said Sir Richard Weston about the Month 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 Laws and Statutes of this Realm 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 Month of February Anno Dom. 1636. the said Sir Richard Weston being then one of the Barons of the said Court of Exchequer subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba Charles R. When the good and safety of the Kingdom in general is concerned c. ut supra 3. That the said Sir Richard Weston being then one of the Barons of His Majesties Court of Exchequer did deliver his Opinion and Judgment in the Exchequer-Chamber against John Hampden Esquire in the Case of Ship-money That he the said John Hampden c. as in Judge Crawley's Charge 4. That whereas in the Month of April 16. Caroli the Officers of the Custom-House having Seized a Ship of one Sam. Warners 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 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 Laws of this Realm deny the restitution of the said Ship unless all the Duties demanded by the Farmers of the Custom-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 Officer that Seized his Ship and Goods whereupon the Kings Attorney General exhibited an information by English Bill in the Exchequer-Chamber against the said Warner setting forth the Customs and Subsidies upon Merchandise were a great part of the Kings Revenue and payable to him and that the said Ship was Seized for non-payment of the aforesaid Duties Notwithstanding the said Warner the Proprietor Prosecuted the Officers upon a Suit at Law and prayes that he may answer the said Information before any further proceedings be had at Law Thereupon the said Sir Richard Weston together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for delivery of his said Goods should first answer to the Information after which the said Warner dumurred to the said Information in regard no Title for any certain duty was set forth by the Information which demurrer yet remains not over-ruled But the said Sir Richard Weston with the said other Barons without over-ruling the demurrer ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon pretence of viewing the said goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmers to that Use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President in Rolls his Case the said Sir Richard Weston with the said other Barons adjudged that the said Goods were not replevisable and granted an injunction to maintain the possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Richard Weston and also of replying to the answer c. Upon the Impeachment of Mr. Justice Crawley Mr. Waller spoke as followeth My Lords I Am Commanded by the House of Commons to present you with these Articles against Master Justice Crawley Mr. Waller's Speech at the Impeachment of Mr. Justice Crawley July 6. 1641. which when your Lordships shall have been pleased to
this Kingdom and in Pursuance thereof they and every of them have Traiterously Contrived Introduced and Exercised an Arbitrary and Tyrannical Government against Law thorowout this Kingdom by the Countenance and Assistance of Thomas Earl of Strafford then Chief Governor of this Kingdom II. That they and every of them the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas and Sir George Radcliffe Knight have Traiterously assumed to themselves and every one of them regal Power over the Goods Persons Lands and Liberties of his Majesties Subjects in this Realm and likewise have Maliciously Perfidiously and Traiterously Given Declared Pronounced and Published many False Unjust and Erroneous Opinions Judgments Sentences and Decrees in Extrajudicial manner against Law and have Perpetrated Practised and Done many other Traiterous and unlawful Acts and Things whereby as well divers Mutinies Seditions and Rebellions have been raised as also many Thousands of his Majesties Liege People of this Kingdom have been Ruined in their Goods Lands Liberties and Lives and many of them being of good Quality and Reputation have been utterly defamed by Pillory Mutilation of Members and other infamous Punishments By means whereof his Majesty and the Kingdom have been deprived of their Service in Juries and other Publick Imployments and the general Trade and Traffick of this Island for the most part destroyed and his Majesty highly Damnified in his Customs and other Revenues III. That they the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther Knight and Sir George Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other Traiterous Courses have laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings all which Offences were contrived Committed Perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their Oaths of the same at such times as the said Sir R. Bolton Knight was Lord Chancellor of Ireland Chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord Chief Justice of the said Court of Common-Pleas and against their Oaths of the same and at such time as the said John Lord Bishop of Derry was actual Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their Allegiance several and respective Oaths taken in that behalf IV. For which the said Knights Citizens and Burgesses do Impeach the said Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight aforesaid and every of them of High-Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the Liberty of exhibiting at any time hereafter any Accusation or Impeachment against the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their Answers which they and every of them shall make to the said Articles or any of them and of offering Proof also of the Premisses or of any other Impeachment or Accusation as shall be by them Exhibited as the Case shall according to the Course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight and every of them be put to Answer to all and every of the Premisses and that all such Proceedings Examinations Tryal and Judgment may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Thus did these Popular Reforming Protestants help to unhinge the Government and not only helped forward the Designs of the Irish if Sir John Temple's observation before mentioned be true of their endeavours to push out the present Ministers and to get into their places but they gave great Countenance especially to the Vulgar and colourable pretences to the Ensuing Rebellion when even the Protestants of the Parliament of Ireland as well as the Parliament of England by their severe Procedure against the Earl of Strafford for misgovernment and Oppressions done in Ireland by impeaching of these Persons and by their repeated loud Complaints of Grievances Wrongs and Injustice publickly defamed his Majesties Government and proclaimed to the whole World That those Miseries which the Irish suffered under those their Governors and for the Redress of which they pretended to take up Arms were so great real and intolerable that both the Parliaments of England and Ireland were so deeply sensible of them as to acknowledg and thus bitterly inveigh against them Nor were the active men of the Commons House there less busie but the Lawyers Darcy Martin Plunket Cusack Brown Linch Bodkin Evers and others took upon them with much confidence to declare the Law and to frame several Queries which being proposed to the Judges and their Modest Answers not being satisfactory they gave out Resolutions of their own upon them such as might serve their Interest and Designs rather then comport with the Honor Duty and Allegiance which they owed to their Soveraign The Queries together with the Judges Answers to them as also their own Resolutions which were transmitted hither I find in the Paper-Office as followeth Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions IN as much as the Subjects of this Kingdom are Free Queries propounded by the Parliament of Ireland to the Judges of that Kingdom Loyal and Dutiful Subjects to his most Excellent Majesty their Natural Liege-Lord and King and to be governed only by the Common Lawes of England and Statutes of Force in this Kingdom in the same manner and form as his Majesties Subjects of the Kingdom of England are and ought to be Governed by the said Common-Laws and Statutes of Force in that Kingdom which of Right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birth-right and best Inheritance Yet in as much as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years introduced and practised in this Kingdom did tend to the infringing and violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious Intentions Therefore the Knights Citizens and Burgesses in
according to the Command thereof upon due and convenient notice thereof given to him at the Charge of the Party or Parties who requireth or procureth such Writ or Writs and upon Security by his or their own Bond or Bonds given to pay the Charge of carrying back the Prisoner or Prisoners if he or they shall be commanded by the Court to which he or they shall be brought as in like Cases has been used such Charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any Difference shall arise there about bringing or cause to be brought the Body or Bodies of the said Party or Parties so committed or restrained unto and before the Judges and Justices of the said Court from whence the same Writ or Writs shall issue in open Court and shall then likewise certify the true Cause of such his or their Deteinors or Imprisonment and thereupon the Court after such Return made and delivered in open Court shall proceed to examine and determine whether the Cause of such Commitment appearing upon the said Return be just and legal or not and shall thereupon do what to Justice shall appertain either by Delivering Bailing or remanding the Prisoner or Prisoners 7. Quest Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Acts and Execution thereof Declarat An Act of State or Proclamation in this Kingdom cannot bind the Liberty Inheritance Possession or Goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act of State or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as Breakers and Violators of their Oaths of Judges 8. Quest Are the Subjects of this Kingdom subject to the Martial Law And whether any man in the time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law Declarat No Subject of this Kingdom ought to be Sentenced to Death or Executed by Marshal Law in time of Peace and if any Subject be so Sentenced or Executed by Marshal Law in time of Peace the Authors and Actors of any such Sentence or Execution are punishable by the Law of the Land for their so doing as Doers of their own Wrong and contrary to the said Law of the Land 9. Quest Whether Volantary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore Declarat No Man ought to be punished in the Castle-Chamber or any other Court for taking a Voluntary Oath before Arbitrators for affirmance or disaffirmance of any Thing or the true Performance of any thing in Civil Causes nor are the Arbitrators before such Voluntary Oath shall be taken Punishble 10. Quest Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines and other Penalty in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstance might induce a Censure Declarat By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledg the Offence laid to his Charge or the justness of any Censure past against him in the Castle-Chamber or at the Council Table nor ought to be deteined in Prison or abridged of his Liberty or the Reducement of his Fine stayed or delayed until he doth acknowledg such Offence or the justness of such Censure And it is further declared That no such inforced or wrested Confession or Acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or Review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. Quest Whether the Judges of the Kings-Bench or any other Judges of Goal-Delivery or of any other Court and by what Law do or can deny the Copies of Indictments of Felony or Treason to the Parties accused contrary to the Law Declarat The Judges of the Kings-Bench or Justices of Goal-Delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the Parties indicted 12. Quest What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament Declarat The Barons of the Exchequer ought to raise the Respite of Homage above the usual Rates appearing in and by the Course and Precedents of the Court continued until the year of our Lord God 1637 and the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the Respite of Homage upon any diversity of the true values of the Knight's Fees 13. Quest Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or for other Lawful Occasions If so for why and in what Condition of Persons and by what Law Declarat The Subjects of this Kingdom may lawfully repair into England to appeal to his Majesty for Redress of Injuries and for other their Lawful Occasions and for their so doing ought not to be punished or questioned upon the Statute of 5 R. 2. nor by any other Law or Statute of Force in this Kingdom eminent Officers and Ministers of State Commanders and Soldiers of his Majesties Army the Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenue and Customs whose Attendance is necessarily requisite by the Laws and Statutes of the Realm only excepted 14. Quest Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law and no If not by what Law
no cause appeared or such only as was clearly Bailable 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 delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm 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 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 whereas there was a Cause depending in the Court-Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tithes for Rents and Houses in Norwich and the said Collard moved by his Council 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 only for Tithes for Rents of Houses in Norwich which was determinable by the Common Law only 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 deferred to grant a Prohibition to the said Court Christian in the said Cause although the Council did move in the said Court many several times and several Terms for a Prohibition And he the said Sir Robert Berkley deferred to grant his Majesties Writ of Prohibition to several other Courts on the motions of divers others of His Majesties Subjects where the same by the Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own 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 and to set a division betwixt them and to subvert the Fundamental Laws and Established Government of His Majesties Realm of England for which they do Impeach him the said Sir Robert Berkley one of the Justices of the Court of Kings Bench of High Treason against our Soveraign Lord the King His Crown and Dignity and of the misdemeanors above mentioned And the said Commons by Protestation saving to themselves only the Liberty 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 Proof 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 do 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 Premises and that such Proceedings Examinations Tryals Judgments and Executions may be upon every of them had and used as is agreeable to Law and Justice Upon the Articles of Impeachments of the Lord Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston Mr. Hide by the Command of the Commons spake as follows My Lords THere cannot be a greater instance of a sick and languishing Commonwealth than the business of this day Good God! Mr. Hide 's Speech at the delivering of the Articles of Impeachment of the L. Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston July 6. 1641. how have the guilty these late years been punished when the Judges themselves have been such Delinquents 'T is no marvel that an Irregular Extravagant Arbitrary Power like a Torrent hath broke in upon us when our Banks and our Bulworks the Laws were in the custody of such Persons Men who had lost their Innocence could not preserve their Courage nor could we look that they who had so visibly undone us themselves should have the Vertue or Credit to Rescue us from the Oppression of other Men. 'T was said by one who always spoke excellently That the Twelve Judges were like the Twelve Lions under the Throne of Solomon under the Throne in Obedience but yet Lions Your Lordships shall this day hear of Six who be they what they will be else were no Lions who upon vulgar fears delivered up the precious Forts they were trusted with almost without assault and in a tame easie Trance of flattery and servitude lost and forfeited shamefully forfeited that Reputation Awe and Reverence which the Wisdom Courage and Gravity of their Venerable Predecessors had contracted and fastned to the places they now hold and even rendred that study and profession which in all Ages hath been and I hope now shall be of an honourable Estimation so Contemptible and Vile that had not this blessed day come all Men would have had that quarrel to the Law it self which Marius had to the Greek Tongue who thought it a mockery to learn that Language the Masters whereof lived in bondage under others And I appeal to these unhappy Gentlemen themselves with what a strange negligence scorn and indignation the faces of all men even of the meanest have been directed towards them since to call it no worse that fatal declension of their understandings in those Judgments of which they stand here charged before your Lordships But my Lords the work of this day is the greatest instance of a growing and thriving Common-wealth too and is as the dawning of a fair and lasting day of happiness to this Kingdom 'T is in your Lordships power and I am sure 't is in your Lordships will to restore the dejected broken people of this Island to their former joy and security the Successors of these Men to their old Priviledge and Veneration sepultas propè leges revocare My Lords the iniquity of Judges is infectious and their craftiest Combination to leave us as few innocent as may be Your Lordships have heard of the justice of Two of the greatest Courts of Westminster and that you may know how little advantage the other of his Majesties Revenue the Court of Exchequer hath of its fellows in the Administration of Right I am commanded by the House of Commons to present to your Lordships Three several Charges against three Judges of that Court my Lord Chief Baron Davenport Mr. Baron Trever and Mr. Baron Weston Your Lordships will please to hear them read Here the several Articles were read Your Lordships observe that the great Resolution in Ship-mony was a Crime of so Prodigious a Nature that it could not be easily swallowed and digested by the Consciences even of these Men but as they who are to Wrestle or run a Race by degrees prepare themselves by Diet and lesser Essays for the main Exercise so these Judges enter themselves and harden their hearts by more
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these 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 Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm 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 Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the 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 inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm 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 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 Proof 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 Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief 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 Laws and Statutes of this Realm 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 parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety 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 Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
the Question Whether Corn was such Victuals as was intended to have the price rated within the said Statute In Answer to which Demand the said Sir Robert Berkley then being one of his Majesties Justices of the Court of Kings-Bench in furtherance of the said unlawful Charge endeavoured to be imposed as aforesaid the Thirtieth day of November in the Eighth Year of his now Majesties Reign did deliver his Opinion That Corn was such Victual as was intended to have the Price rated within the said Statute Which said Opinion was contrary to Law and to the plain Sense and Meaning of the said Statute and contrary to his own Knowledg and was given and delivered by him with a purpose and intention that the said unlawful 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-General against John Overman and Fifteen other Soap-makers Defendants charging them with several pretended Offences contrary to divers Letters Patents and Proclamations touching the Making and Uttering Soap and using the Trade of Soap-makers and other Offences in the said Information mentioned Whereunto the Defendants did plead and Demur 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 appear more fully after answer and proof 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 material and accordingly the Defendants did put in their Answers and set forth several Acts of Parliament Letter-Patents Charters Customs and Act of Common-Councel of the City of London and other Matters materially conducing to their Defence and in Conclusion pleaded Not Guilty The said Sir Robert Berkley then being one of the Justices of Court of Kings-Bench upon the 30th day of March in the Eighth Year of his Majesties now Reign 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 four words and ten last Lines should be expunged leaving thereby no more substance of the said Answers than 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 May in the Eighth Year of his now Majesties Reign Certified that Nine and thirty of the said Interrogatories and the Depositions upon them taken should be suppressed which Answers except as aforesaid and Depositions although the same did contain the said Defendants most material 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 own knowledg and contrary to the said former Order whereby the Advantages were saved to the Defendants as aforesaid And by reason thereof the said John Overman and the said other fifteen 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 apiece Four of them in a Thousand Mark apiece which Fines were estreated into the Exchequer without any mitigation And the said Defendants according to the said Sentence were imprisoned and deprived of their Trade and Livelihood tending to the utter ruine of the said Defendants and to the overthrow of free Trade and contrary to the 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 Laws and Statutes of this Realm 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 of Maritime Parts as in case of Piracy or Dep redations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be borne by all the Realm in general This I hold agreeable both to Law and Reason 5. That he the said Sir Robert Berkley then being one of the Justices of our Court of Kings-Bench and duly sworn as aforesaid In February 1636. subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty in haec verba Charles R. WHen the Good and Safety of the Kingdom in general is Concerned and the whole Kingdom in Danger Whether may not the King by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their Charge to provide and furnish such Number of Ships with Men Victuals and Munition and for such time as he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And by Law compel the doing thereof in case of refusal or refractoriness 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 May it please your Most Excellent Majesty We have according to your Majesties Command severally every Man by himself and all of us together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royal Letter And we are of Opinion that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger your Majesty may by Writ under the Great Seal of England command all your Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And that by Law your Majesty may compel the doing thereof in case of Refusal or refractoriness 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 John Brampston John Finch Humphrey Davenport John Denham Richard Hutton William Joanes George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston 6. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and duly sworn as
or in the Consistory of the Bishop of Norwich And that in such case no prohibition against the said Bishop of Norwich their Chancellors or Commissaries in the said Courts of Consistory be granted And if any such Writ be any time obtained the Judges granting the same upon sight of his Highness's said Order shall forthwith grant a Consultation to the Minister desiring the same with his reasonable cost and charges of the same Which said Order and Decree under the great Seal of England tended to the violation of the Oaths of the Judges and was devised contrived and made by the said Bishop And afterwards by his evil Counsels and false Surmises he did obtain His Majesties Royal consent thereunto and by colour of the Order aforesaid and other the doings of the said Bishop the Citizens and Inhabitants of Norwich aforesaid viz. John Collar Judith Perkeford and others have been forced to pay the two Shillings in the Pound in lieu of Tithes or else by Suits and other undue means been much molested and put to great charges and expences contrary to the Law and Justice XXV That he assumed to himself an Arbitrary Power to compel the respective Parishioners in the said Diocess to pay great and excessive Wages to Parish-Clerks viz. the Parishioners of Yarmouth Congham Tostock and others commanding his Officers that if any Parishioner did refuse to pay such Wages they should certifie him their Names and he would set them into High-Commission Court for example of the rest and that one or two out of Ipswich might be taken for that purpose And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Matthew Wren late Bishop of Norwich and now Bishop of Ely and also of replying to the answer that he the said Matthew Wren shall make unto the said Articles or any of them or offering proof 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 do pray that he the said Matthew Wren may be called to answer the said several Crimes and misdemeanors and receive such condign punishment as the same shall deserve and that such further proceedings may be upon every of them had and used against him as is agreeable to Law and Justice Thus did these great Zealots for the pretended Purity and Reformation of Religion and to reduce the Bishops to their Primitive State even litterally render them so by Persecution imitating the Primitive Persecutors of the Primitive Bishops clothing them in Skins of Bears Wolves and Tigres to invite the cruel Mastisss to fall upon them and tear them in Pieces And certainly not with standing this black Accusation there cannot be a greater Demonstration of the Innocence of this worthy Prelate then the very Articles and that this Accusation wanted proof to carry it further than a bare Accusation and a Commitment to the Tower where with the Courage and Patience of a Primitive Christian he continued a Prisoner till the happy Year 1660. wherein he saw himself the Church and this Kingdom together set at Liberty by the blessed Restauration of His Most Serene Majesty Charles the Second to his undoubted Birth-Right the Imperial Crown of these Realms from the Bondage and Slavery under which they had for so many Years laid Languishing and almost ready to expire The Earl of Bristol acquainted the House King Assents to the 5 Propositions That His Majesty had been moved concerning the Five Propositions presented from their House from the House of Commons Yesterday and his Majesty consents to all the said Propositions WHEREAS a Petition hath been Exhibited unto this Honorable House by sundry Officers The Case of the Clerks c. of the Court of Common-Pleas against Patentees and the Lords Order upon it Clerks and late Clerks of the Court of Common Pleas Thereby shewing that they have been Bred and Trained up as Clerks in the said Court and that the Disposition of the Offices of Prothonotories Fillizers Exigenters and divers other Officers of the said Court had Time out of Mind appertained to the Chief Justice of that Court for the Time being as an inseperable Incident to his Office and that the same were granted to such skilful and experienced Clerks trained up in the said Court as were most fit and able for the Execution of the same Places and that notwithstanding several Grants and Letters Patents of the said Offices had been obtained from His Majesty to the great discouragement of able Clerks and therefore prayed that the said Grants or Letters Patents might be recalled And whereas several Petitions have likewise been Exhibited by the Patentees touching the said Offices and several Days of hearing have been appointed but in regard of greater Business in the House the Cause could not be heard whereupon it pleased the Lords upon the 26th Day of June last to Order that the Judges of the Kings-Bench and Barons of the Exchequer should consider whether the said Grants or Letters Patents made by his Majesty of the said Offices or any of them were good in Law and should make Report thereof unto the House to the end their Lordships might proceed to do what should be Right and Just therein And whereas the said Judges and Barons upon perusal of divers of the said Patents and a due Consideration had of the Grants of those Offices in former Times made by the Chief Justice of the said Court of Common-Pleas for the Time being and upon hearing of Councel on both Sides after mature deliberation had of the Premisses did certifie that the Offices of the first and third Prothonotary of the said Court of Common Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of all the Exigenters and of all the Fillizers except of the County of Monmouth have by prescription belonged to the Chief Justice for the time being and that he hath always granted the same for the Lives of the Grantees who have held them by his admittance only and that the Office of Clerk of the Treasury of that Court is all ways Granted by the Chief Justice for the time being to such Persons as he shall nominate to continue only during the Time that he continues Lord Chief Justice And further they did certifie their Opinions to be that none of the Grants made by his Majesty of any of the Offices or Clerks Places before in the same Certificate mentioned were good in Law And whereas this Day was appointed by Order of this House for the hearing of the said Cause Now upon full debate of the Matter by Councel learned on both Sides their Lordships taking the Business into their mature Consideration and well approving the Learning Justice and Integrity of the present Chief Justice and thinking it most just and meet that the Rights and Priviledges
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
come in further Agitation and discussion in this Honourable House 9. Lastly The Judges Opinions are not usually call'd upon in Parliament but when upon Debate great and difficult Points in Law do arise where this most Honourable doth think fit to Command their Opinions but no Resolutions do belong unto the said Judges in Parliament but unto your Lordships yet in the Front and Preamble of the said Questions the Resolution of the said Questions by the Judges is forthwith desired to be required by your Lordships in Writing Although the first Question Viz. Whether the Subjects of this Kingdom c. be positively resolved by the Preamble to the said Questions in which it is likewise declared That the said Judges Answers thereunto are not desired For any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the said Questions but for Manifestation and Declaration of a clear Truth and of the Laws and Statutes already planted and setled in this Kingdom And they conceive it is impossible to make any Manifestation or Declaration of Law or Statutes which may hold or be useful upon such general Questions as most of these are namely by what Laws in what Cases of what Power of what Force How Where and Why by Whom Wherefore what punishment by what Rule of Policy in what Condition of Persons In regard that the next succeeding Judges may be of another Opinion and that a Circumstance may alter the Reason of the Law in many particular Cases which the Wit of Man is not able to foresee or give a general Rule in And they say That to give any satisfaction to your Lordships or the Honourable House of Commons would make up a great Volume and require far more time then your Lordships have afforded unto the said Judges considering their great Toyl in the Circuits the last long Vacation their other Employments in the Common-wealth at their daily Attendance on your Lordships in Parliaments and in ordering Courts of Justice and yet lest they may seem to come any way short in performance of that Duty which they confess to be due unto your Lordships or be wanting in promoting and advancing the Good of the Common-wealth which they believe to be aimed at by the said Questions though it may seem to draw Damage or Prejudice upon their Particulars They do in all humbleness present unto your Lordships the ensuing Answers unto the said Questions which is as much as by their Oaths or in their Duty they owe unto His Sacred Majesty before his Princely pleasure be therein signified they can answer thereunto TO the First they Answer That the Subjects of this Kingdom are a Free People and are for the general to be Govern'd only by the Common Laws of England and Statutes of Force in this Kingdom yet they say That as in England many Statutes are grown obsolete and out of use and some particular Ancient Laws as well in Criminal as Civil Causes have been changed by Interpretation of the Judges there as they found it most agreeable for the general Good of the Common-wealth and as the Times did require it so our Predecessors the Judges of this Kingdom as the Necessity of the Times did move them did declare the Law in some particular Cases otherwise then the same is practised in England which the now Judges cannot alter without apparent diminution of a great part of His Majesties standing Revenue and opening a Gap for the shaking and questioning the Estates of many of His Majesties Subjects and the overthrowing of several Judgments Orders and Decrees which depend thereupon For Example If it be found by Office of Record sufficient for Form That a Man was killed in actual Rebellion and at the time of his Death he was seised of Lands Hereditaments Goods or Chattels by the constant Declaration of Law and Practise in former times here the Crown was Intitled to such Lands Goods and Chattels and many Mens Estates depend thereupon and yet the Law is not so taken in England So If one or more commit Felony and then stand out upon his or their keeping and he or they will not submit themselves to be tryed by the Law but being in that Case do rob or spoil and terrifie His Majesties People whereby the Country is disquieted This by the constant Opinion of our Predecessors in this Kingdom hath been adjudged a Levying of War within the Statute of 25 E. 3. and so consequently Treason Also by the common received Opinion and Practice of this Kingdom the Wife is to have a Third of all the Goods and Chattels and Credits of her Husband the Debts being paid although he dispose of all by his Will from her And yet the constant Practise is otherwise in England And other Instances of that kind might be made so that that word Only must receive a benign Exposition before the first Question can receive a general Answer in the Affirmative Secondly Many Causes of great Weight and Consequence in this Kingdom are to be Decreed and Ordered by Equity in the proper Courts of Equity and in Course of State at the Council Board and by particular Customes not contrary to Law for which the Common Law and Statutes of Force in this Kingdom gave no Remedy Thirdly There are several other Laws of Force in England and Ireland so far as they have been received which though some would have to be part of the Common Law of England yet we find them particularly distinguished from it in our Printed Books and Parliament Rolls in England As Lex Consuetudo Parliamenti jura Belli Ecclesiastical or Canon Law in certain Cases Civil Law in some Cases not only in Ecclesiastical Courts but in the Courts of Constable and Marshal and of the Admiralty and upon particular occasions in other Courts Lex Mercatoria c. 2. To the Second they say That the Judges of this Kingdom do take the Oath of Judges which Oath is specified amongst the Statutes in 18 E. 3. And is afterwards explained by the Stat. of 20 E. 3. And that they may not stay hinder or delay the Suit of any Subject or his Judgment or Execution thereupon otherwise than according to the Law and Course of the Court when they Sit under pretence of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment Lord Lieutenant Lord Deputy Justice Justices or other Chief Governors of this Kingdom most of which doth appear by their Oath expressed in the Statutes and the Statute of 20 E. 3. c. 8. And the Statute of 20 E. 3. c. 2. as to the Barons of the Exchequer And that as they know no Punishments due to Judges for their Deviations and Transgressions without other Aggravation so they know no punishment laid down by any Law against them for their Deviations and Transgressions in hindering staying or delaying of Justice contrary to their said Oath
Majesty's said Letters or the said Act of State and not otherwise The Commons not being satisfied with these Sober and Calm Resolutions of the Judges fell to Voting their own Sense and to make Declarations of the Law upon their former Queries as followeth Questions propounded in Parliament And Declarations of the Law thereupon in Parliament Quest 1. The Declaration of the Commons in Ireland upon the Queries propounded to the Judges WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom Declarat The Subjects of this his Majesties Kingdom of Ireland are a free People and to be Governed only according the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the Lawful Customs used in the same 2. Quest Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Seal or Privy Seal Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit or Judgment or Execution thereupon what Punishment do they incur for their deviation and transgression therein Declarat That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of Force in this Kingdom and the said Judges or any of them by Color or under Pretext of any Act of State or Proclamation or under Color or Protext of any Writ Letter or Direction under the Great Seal Privy Seal or Privy Signet from the King 's Most Excellent Majesty or by Color or Pretext of any Letter or Commandment from the Chief Governor or Governors of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon and if any Letters Writs or Commands come from his Majesty or from any other or for any other Cause to the Justices or to the other deputed to do the Law and right according to the Usage of the Realm in disturbance of the Law or of the Execution of the same or of Right to the Party the Justices and others aforesaid ought to proceed and hold their Courts and Processes where the Pleas and Matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due Punishment according to the Law and former Declarations and Provisions in Parliament in that Case made and of Force in this Kingdom or as shall be Ordered Adjudged or Declared in Parliament And the Barons of the Exchequer Justices of the Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared That they ought to undergo the Punishment aforesaid 3. Quest Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Commons Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them or which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them Declarat The Council Table of this Realm either with the Chief Governor or Governors or without the Chief Governor or Governors is no Judicatory wherein any Action Real Personal Popular or Mixt or any Suit in the Nature of the said Actions or any of them can or ought to be Commenced Heard or Determined and all Proceedings at the Council Table in any Suit in the nature of any of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of Force in this Kingdom only excepted 4. Quest The Like of the Chief Governor alone Declarat The Proceedings before the Chief Governor or Governors alone in any Action Real Personal Popular or Mixt or in any Suit in the Nature of any of the said Actions are Coram non Judice and void 5. Quest Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them Declarat All Grants of Monopolies are contrary to the Laws of this Realm and therefore void and no Subject of the said Realm ought to be Fined Imprisoned or otherwise Punished for exercising or using the Lawful Liberty of a Subject contrary to such Grants 6. Quest In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for the same Declarat The Lord Lieutenant Lord Deputy or other Chief Governor or Governors and Council of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Consure any Subject in mutilation of Member standing on the Pillory or other shameful Punishment in any Case at the Council Table and no Subject ought to be Imprisoned Fined or otherwise Punished for Infringing any Commands or Proclamation for the support or Countenance of Monopolies and if in any Case any Person or Persons shall be committed by the Command or Warrant of the Chief Governor or Governors and Privy Council of this Realm or any of them That in every such Case every Person or Persons so Committed restrained of his or their Liberty or suffering Imprisonment upon Demand or Motion made by his or their Counsel or other imployed by him or them for that purpose unto the Judges of the Court of Kings-Bench or Common-Pleas in open Court shall without delay upon any Pretence whatsoever for the ordinary Fees usually paid for the same have forthwith granted unto him or them a Writ or Writs of Habeas Corpus to be directed generally unto all and every Sheriff Goaler Minister Officer or other Person in whose Custody the Party or Parties so Committed or Restrained shall be shall at the Return of the said Writ or Writs and
may be just causes of those fears 1. They therefore desire their Lordships Expedition of the Ordinance concerning the Earls of Essex and Holland 2. An Answer concerning the securing the Persons of Recusants 3. Concerning the Government of the Isle of Wight and the fortifying the Forts of the Kingdom 4. That the Magazines in the County of Montgomery may be Sequestred into other hands for better security they being now in the hands of a Servant of a great Recusant 5. That Milford Haven may be fortified 6. That Sir Simon Harcourt may have a Commission to levy Soldiers for the Service of Ireland and that Thursday next may be the longest time of his stay here To these particulars the Lords gave these Resolutions 1. The Lords Answers To the first The House will Debate the Ordinance about the Earls of Essex and Holland to Morrow Morning 2. To the securing of the Persons of Recusants agreed 3. Touching the sequestring of the Isle of Wight into another hand their Lordships will take the same into confideration when the House of Commons present their Reasons why it should be taken out of the hand where it is now To the Forts they have formerly given in an account of the state of them and of the Charge which will be requisite to repair them and that the Money must proceed from them 4. To the fourth Agreed to 5. To the Fifth This House thinks it fit that Milford Haven be secured by appointing some Ships to ride in the Haven 6. To the Sixth The Lord Lieutenant of Ireland is to bring the Commission to Morrow Morning which he is to give to Sir Simon Harcourt for levying Men for the Service of Ireland This being done the Lord Keeper was appointed to acquaint the Commons who stayed in the Painted Chamber with the aforesaid Answers to their Propositions Mr. Maxwell the Gentleman-Usher gave this House an account Mr. Maxwell upon search finds no Priests That according to their Lordships Order he had searched diligently the Earl of Worcester 's House for Priests and Jesuits but can find none In the Commons House they were taken up with this new Plot and preparing Heads for the forementioned Conference And which is omitted in the Lords Journal it was desired That the Information which Beal hath given may be published It was also Ordered That St. German the French-man St. German committed to the Gate-house be committed to the Prison of the Gate-house and that no Man be suffered to speak with him but in the presence and hearing of a Keeper They were still busie in Hammering and Filing of the Remonstrance of the State of the Kingdom as appears by this Memorandum Memorandum That an Addition be made to the Declaration to this purpose to declare That this House intends to vindicate themselves from the Imputations laid upon them of discouraging of Learning and that they will advance Learning and the maintenance of Preaching Ministers They were very tender it seems of their Reputation but notwithstanding their Declaration it will remain an Eternal Riddle to Posterity how it can be possible to incourage Learning by taking away the Rewards of Industry And for their maintaining of Preaching Ministers they were as good as their Word indeed by suffering all that would to Preach and maintaining them in their Sacrilegious Usurpations upon the Sacred Function Report was made this day by the Lords Committees for the Irish Affairs That the Committees of both Houses for that business Wednesday Novemb. 17. have considered of these particulars That Power be given to the Lord Lieutenant of Ireland Irish Affairs for rewarding of secret services as is fit That convenient Posts be speedily set up between Beaumaris and Holy-Head And that the State of Scotland be moved to have the like care for Posts between Carlisle and Port-Patrick That Directions be sent by both Houses of Parliament to the Lords Justices of Ireland concerning the Prisoners Mac-Guire and Mac-Mahon to be Conveyed into England for their better security That the Protestation taken by both Houses be taken by all Officers and Commanders before they be employed in the service of Ireland which Propositions being read were Assented to It was Ordered Message to the Foreign Ambassadors concerning Jones and Andrews That the Right Honourable the Earl of Bristol the Earl of Holland and the Lord Brook shall forthwith Repair unto the several Ambassadors in and about the Cities of London and Westminster and desire them from the Parliament to dismiss out of their Houses such Priests as are the Kings Native Subjects and in case they shall be hereafter found abroad they shall not have any Protection but be Proceeded against according to the Laws of the Kingdom and to let them know That if the Persons of Father Jones and Father Andrews who were Accused for Treasâ—â— be received into their Houses the Parliament desires they may be presently delivered up Lord Lieutenant scruples the Validity of the Ordinance to Levy Men without the Great Seal Upon some Question made this day by the Lord Lieutenant of Ireland whether the Ordinance of Parliament for the granting him Power to give Commissions to Levy men for the Service of Ireland be of sufficient Validity without a Confirmation from His Majesty Thereupon the House did undertake to be Suitors to his Majesty to consirm the Autherity given to his Lordship by the King and the Parliament under the Great Seal of England And do Promise That they will be always ready to avow his Proceedings upon their Lordships aforesaid Orders in the mean time The Lord Lieutenant delivered a Copy of a Commission to be given to Commanders for the Levying of Men for Ireland which was Read and Approved of the Contents were as follow Robert Earl of Leicester Copy of a Commission to Raise Men for Ireland Viscount Lisle Baron of Penhurst c. One of His Majestie 's Most Honourable Privy-Council Lieutenant General of the Kingdom of Ireland and General of His Majestie 's Army there To Collonel WHereas the Lords Justices and Council of Ireland have advertised our Soveraign Lord King Charles and his High Court of Parliament now here Assembled of a suddain Insurrection aâ—d Rebellion in Ireland and have Humbly besought His Majesty to send some Succours unto his good Subjects there And his Majesty being now Absent in his Kingdom of Scotland hath recommended the Care of the said Kingdom of Ireland unto his Parliament of England and that in pursuit of his Majestie 's Pleasure so signified for as much as in this time of His Majestie 's Absence his Royal Commission according to the usual form cannot be so soon obtained as the necessity of the Kingdom doth require The Lords and Commons of the said Parliament now Assembled have by their Ordinance of the 6th of this present Month of November Authorized me by Warrant under my Hand and Seal to give one or more Commissions to such Captains Commanders or other
Moneys by reason of these Troublesome Times but on the receipt of your Secretaries Letter to the Commissary we shall receive the Over-plus of the Monies which was appointed for the Horse which is 240 l. which will help us a little but if there is not some Monies now on the Way for us I doubt the Soldiers will disband suddenly I shall beseech your Lordship to put the Irish Committee in mind of their promise for Coats and Caps Shoes and Stockins for the Soldiers it is very needful and will be very advantagious for the Service if the Soldiers have them and by promise from us are expected by the Soldiers The Officers that are wanting at this present of your Lordships Regiment besides those that are wanting with their Companies is Capt. Snelling Lieutenant Palmer Captain Bois 's Lieutenant and Ensign Smith Captain Turvil 's Ensign I understand by my Lord Lisle that one Mr. Morrison is to be your Lordships Ensign who came this day to Chester I shall desire with your Lordships next Commands I may understand what quantity of Ammunition we shall carry from hence with us into Ireland or if we should be stayed here by contrary Wind what Ammunition you will be pleased to allow us weekly for Exercising desiring your Lordships pardon for being so tedious I humbly take my leave Your Lordships most humble Servant to be Commanded George Monck Chester 21 Jan. To his Excellency the Earl of Leicester L. Lieutenant of Ireland these present at Leicester-House in St. Martin's-Fields In this distressed Estate stood the Affairs of these miserable Kingdoms Scotland recovered from those Rebellious Commotions raised by the Presbyterian Faction by Remedies that proved more Fatal to the King then the Disease Ireland all in a Flame and England by the prevalency of the same Faction which had raised the disturbances in Scotland ready to follow their Example and to pursue their Model of Reformation by the same wicked Courses of Religious Dis-obedience and Rebellion in which Condition I must at present leave them till such time as it shall please God to give me ability and opportunity I may after some little necessary Refreshment pursue this Laborious work in perfecting the Remainder of these Historical Collections FINIS A TABLE Of the principal Matters in this Second Volume A. ANswer of the King to the Commons request about his Servants 231. Concerning the Irish Acts 421. About disbanding the Horse 429. To the reasons for staying his Journey to Scotland 434. To the Speech of the Recorder of London 676. To the Petition of both Houses about Guards for the Parliament 685 833. To the Petition of the Aldermen c. at Hampton Court 712. To the Petition accompanying the Remonstrance 744. To the Petition about Breach of Priviledge 762. To the Petition concerning the Kensington business 796. To the Message of the House of Commons for a Guard 803. To the Petition from Buckinghamshire 841. To the Petition of the Lord Mayor c. 842. To the Message concerning the three Bills 848. To the Commons demand of stores 860 To the Message concerning the Bill for Adjournment 877. Alderman Abel a Patentee a Bill Ordered against him 256. Bailed 475. Accompt of the Armies 292 410. Act of State about the Oath in Ireland 79. Act of Parliament for reversing the Attainder of the Earl of Strafford 23. Act of Scotch Parliament part of one making it Treason to Levy Forces without the Kings consent 682. Act of Common-Council of London against Tumults 803. See Bill Adjournment Bill past by both Houses that it be in the power of the Houses respectively 834. The Kings Answer to it 877. Earl of St. Albans his Letter from Ireland concerning Affairs there 686. Aldermen Sheriffs c. of London attend the King at Hampton Court 711. Many of them Knighted 712. America Petition of some Merchants that parts of it be seiz'd 467. Mr. Anderton a Member of the House of Commons receives a Letter about a Plot 836. Anslow a Witness against the Earl of Strafford 60. Answer of the Earl of Strafford to the Articles of Impeachment 20 to 27. To Pym 's Speech against the Preamble of his Answer 39. Of the House of Commons to the Lords Reasons for the Bishops Voting in Parliament 260. Of the Judges to certain Queries about Matters in Parliament 374. Of the Scotch Commissioners to the two Propositions 406. Their Answer about disbanding the Army 412. Of the English Commissioners to the Propositions of the Scots Commissioners 423. Of the Scots Commissioners to the reasons for staying the Kings Journey 435. Of the House of Lords to the Propositions of the Scots Commissioners about difficulty of Marching their Army home 538. Of the House of Lords to a Petition of the Lord Mayor concerning the Londoners denying subjection to the Common Council 460. Of the House of Lords to the House of Commons Propositions concerning Ireland 525. Of the Judges in Ireland to Queries of the Parliament there 575. Of the City of London to the Parliaments desire of lending Money 598 644. Of the Queen concerning Father Philips 605. Of the House of Commons to the House of Lords two Propositions about the Scotch relief of Ireland 771. Of the several Impeached Bishops 797. Of the Lords of the Pale to the Lords Justices 906. Of the same to the Vindication of the severity of Sir Charles Coot 917. Apology of the Lord Digby 863. Apprentices of London their Petition concerning Church Government c. 775. An account of a Tumult of them 805. Nicholas Ardagh a Witness against the Earl of Strafford 70. Argiers a Vote about the Captives there 254. Act for them past 861. Argument of Mr. Lane in behalf of the Earl of Strafford 153. Of Recorder Gardner for the same 156. Of Mr. St. John for the Bill of Attainder 162. Arch-Bishop of Armagh his Testimony in the Case of the Earl of Strafford 83 See Usher Arms search'd for at Lambeth 236. Supplied to the Lords of the English Pâ—â—â— 632. Sent from the Tower for Ireland 710. search for Arms at Mr. Ropers at Eltham 847. At Sir James Hamilton 's Lodgings ibid. At Sir James Hanham 's in Somersetshire 848. At the Lady Rivers and at Oxon 859. Army pretended to be in danger of being seduced 231. Several Lords Examined about it 258. An Account of it 272. Army in Ireland a Report for disbanding it 233. The State of it in the Earl of Strafford 's time 537. State of the same when the Rebellion first broke out 627. Articles of Impeachment against the Earl of Strafford 8. Of further Impeachment against the same 11. Against the Judges 324. Against Sir Robert Berkley 337. Against Lord Chief Baron Davenport 347. Against Baron Trevor 352. Against Baron Weston 356. Against Justice Crawley 362. Against Lord Chief Justice Bramstone 363. Against the Bishop of Ely 398. Against the Lord Chancellor of Ireland c. 570. Against Lord Kimbolton and the five Members 811. Arundel Debate about the
Ireland to the Lord Lieutenant 900 901 902. F. RObert Farnham 's Deposition in behalf of the Lord and Lady Muskerry 635. Sir Robert Farrer a Witness for the Earl of Strafford 60. Fast mov'd for by the House of Commons for the Irish Rebellion 737. agreed 754. for a monthly one 777. Faunt 's Case 324. Mr. Finch Vicar of Christ-Church London Votes against him 233. Fitz-Garret a Witness against the Earl of Strafford 57 68 74. Florence the Resident from thence his Complaint 596. a Committee upon it 645. Forrests ascertain'd in their Bounds by Act of Parliament 431. many Frays happen about it 499. 625. Sir Edward Fowles a Witness against the Earl of Strafford 11. Blunders in his Evidence 55. Mr. Franklin a mistake in his Annals rectified 247. Sir Ralph Freeman a Witness against the Earl of Strafford 91. French the House of Commons in great fear of them 233. 242. French Embassador desires the English Disbanded Army for his Masters Service 395 436. Tumults about his House 468. intercedes for the Rioters 476. Dr. Fuller Dean of Ely Petitioned against by the Sectaries 492. sent for as a Delinquent for his Sermons 609. Bayled 626. G. SIr Henry Garaway a Witness against the Earl of Strafford Gatton in Surry a dispute about Election of Members there 599. Lord General scruples letting the Scots march through Berwick 452. S. German a Frenchman committed to the Gate-House 651. released 711. Mr. Glyn appointed a Manager of Evidence against the Earl of Strafford 28. passionate at some expressions of the Earl of Strafford 39. his Speech upon summing up the Evidence 124. one of the Committees to expedite the Charge against the Arch-Bishop Laud 265. his Speech about breach of Priviledge 827. Henry Gogan a Witness against the Earl of Strafford 90. Evers Gore a Witness against the Earl of Strafford 53. Lord Gorge Governor of Hurst Castle Summoned to appear 596. Collonel Goring accused for a Conspiracy to seduce the Army 232. discovers a Vote in his Favour 272. Lord Gorminston a Witness against the Earl of Strafford 56. contradicts himself 57. his Commission for suppressing the Irish Rebellion 630. is said to have given Intelligence to the Rebells 905. combines with them 907. they make him General of the Forces of the Pale 917. Patrick Gough a Witness against the Earl of Strafford 70. John Gower a Witness against the Earl of Strafford 53. Grand Question concerning Bishops Votes in Capital cases an abstract of it 503. Lord Grandison see Newark Richard Grave his Examination about the Irish Rebellion 522. Dr. Gray sent for as a Delinquent 772. St. Gregories Parishioners Complaint against Inigo Jones 728. Sir Henry Grisfin a Witness in the Case of the Earl of Strafford 93 94. Serjeant Grimstone one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed to be presented at the Examination of Evidence against him 11. his Speech concerning Breach of Priviledge 825. Guard Ordered about the Parliament House 487. a Conference about it 595. Establisht by the House of Commons 623. Dissolv'd by the King 684. Message c. about it 684 685. Reasons of the House of Commons for their Continuance 687. refused by them when ordered by the King 688. Guard not of their own appointment displeases them 726. examin'd and discharg'd 727. Votes of the House of Commons about Guards 729 732. their Message about it 789. rejected by the House of Lords 793. a Committee ordered to wait upon his Majesty concerning it 801. the King orders one under the Earl of Lindsey 833. the House of Commons Order another under Major Skippon 833. both Houses appoint a Guard upon the Tower 844. an Order drawn up by the House of Commons for Guards and necessary defence 878. Gun-Powder an Act for importing and free making it 416 438. Gunners of the Tower examined by the House of Commons 856. Sir Richard Gurney Lord Mayor of London Knighted 676. H. DR Hacket 's defence of Deans and Chapters in the House of Commons 240. Hampden one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 28. one of the Committee to expedite the Charge against Arch-Bishop Laud 265. Impeached of High Treason 811. his Speech in vindication of himself 817. a Petition from Bucks to the King about him 840. Marquess Hamilton a Witness in the case of the Earl of Strafford 86. made a Duke 683. his complement to the House of Commons concerning the Arms at Fox-Hall 870. James Hanham his House search'd for Arms 848. Sir Simon Harcourt arrives at Dublin with a Regiment 918. Robert Hawood ordered to the Pillory for Contempt 238. excused 245. Lady Hatton and Bishop of Ely their Case 270. Sir Arthur Hazlerig Impeach'd of High Treason 811. Bishop of Hereford excused part of his Poll-Money 709. Marquess of Hertford introduc'd into the House of Lords 265. ordered to take charge of the Prince in person his answer 595. a Message about it from the House of Commons 857. Hertfordshire Petition 753. Dr. Heywood Petition'd against by the Sectaries 492. Hibbols a Witness against the Earl of Strafford 62. Mr. Hide his Speech at the delivery of the Articles against the Lord Chief Baron c. 343. High Commission Court a Bill for taking it away 257. Collonel Hill Voted Delinquent for raising Volunteers for Ireland 874. Earl of Holland a Witness in the Case of the Earl of Strafford 84. Mr. Jervis Holls who had been expell'd the House for an honest Speech restor'd 710. Dr. Hollis and others Votes in their favour 331 373. his Speech in praise of Sir Randol Crew 365. concerning the Palatinate 378. in justification of the Votes for taking the Protestation 416. he is Impeached of High Treason 811. Honours a Conference about the Kings bestowing them 325. Horses inquiry after Transporters of them 655. Sir John Hotham a Witness in the Case of the Earl of Strafford 92. appointed Governor of Hull by the House of Commons 833. Hoy a Witness against the Earl of Strafford 62. Hull Order for the Mayor to take care of it 753. Order that Sir John Hotham be Governor of it 833. Huntingdonshire Petition for Episcopacy 720. Hurst Castle going to Decay Examined 596. Mr. Hutton Curate of St. Giles Cripple-Gate Petition'd against 492. ordered to be taken into custody 497. Hypocrisie of the Anti-Episcopal Grandees 261. I. KIng James his Collection out of Bellarmin 226. Mr. Henry Jermyn accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Voted chargeable with High Treason 443. Voted to be Impeach'd 754. Impeachment of the Earl of Strafford 7. of Sir George Radclif 8. of Sir Robert Berkley 332. of the Barons of the Exchequer 343 352 356. of Mr. Justice Carwley 357. of the Lord Chief Justice Bramstone 363. of the Bishops for the New Canons and Oath 418 443. second Impeachment of the same 717. Incendiaries a Commission for their Prosecution 444. who were
Chapters 298. about the Palatinate 379. against parting with the Disbanded Soldiers 465. two Speeches of the Lord Newark concerning Bishops 251. of the Lord Say against Bishops Votes 266. of Sir Henry Vane against Episcopaâ—â— Government 276. of William Thomas against Deans and Chapters 282. of Mr. Pury against the same 289. of the Speaker of the House of Commons to the King at passing the Bill for Tonnage and Poundage 307 706. and of the Bill for Poll-money 326. of Sir Simon D'ewes about the Poll-Bill 322. of Sir William Parkins against Bishop Wren 330. of Sir William Pierrepoint at the Impeachment of Sir Robert Berkley 332. of Mr. Hide at delivering the Articles against the Lord Chief Baron c. 343. of Mr. Waller at the Impeachment of Mr. Justice Crawley 349. of Mr. Hollis in behalf of Sir Randal Crew 365. about the Palatinate 378. in justification of the Votes for taking the Protestation 416. of Sir Simon D'ewes about the Palatinate 368. of Sir Thomas Widdrington at delivering the Articles against the Bishop of Ely 395. of Pym at a Conference about Excluding the Bishops Votes in the case of the thirteen impeached 500. of Mr. St. John about the same 501. of Audley Mervin at exhibiting Articles of Treason against Sir Richard Bolton 556. of Pym against Evil Councellors 619. of the Recorder of London to the King upon his return from Scotland 675. of the Lord Kimbolton at his Impeachment 815. of Hamden at his 817. of Mr. Grimstone concerning breach of Priviledge 825. of Glyn about the same 827. of the Earl of Monmouth about fears 849. of Sir Philip Stapleton concerning the Lord Digby and Collonel Lunsford 870. of Mr. White against the Bishops 885. formal Speeches declared unparliamentary by the House of Lords 265. Stanneries for Court Sir Philip Stapleton a Witness in the case of the Earl of Strafford 92. Statute of 〈…〉 cited 97. Star-Chamber a Bill for taking it away 258 324. past 271 327. a Message about the Officers of it 368. a Report about them 389. Earl of Strafford a short account of his rise 2 3 4. inveigh'd against in Parliament by Sir John Clotworthy 5. advised to withdraw 6. Impeach'd by the Commons 7. taken into Custody 8. sent to the Tower 10. his Answer to the Impeachment 20 to 27 brought to his Tryal 29. his several Defences see Defence taken with a fit of the Stone 100. Bill of Attainder against him 103. past by the King 195. he Petitions for his Children 196. his carriage at his Death 198. his Speech upon the Scaffold 199. Epitaphs upon him 204 205. his Wife and Children interceeded for by the House of Lords 237. his Death of what miserable consequence to Ireland 537. Lord Strange his Letter of dangers in Lancashire 650. Strangers by Proclamation commanded to depart Dublin and the Suburbs 637. Sir John Strangeways his motion against Tumults slighted 259. Sir Robert Strickland a Witness in the case of the Earl of Strafford 93. Strode one of the Committee to prepare a Charge against the Earl of Strafford 7. impeach'd of High-Treason 811. Subsidies six the Bill for them past 243 Subsidies granted by the Clergy 391. Summary of Evidence against the Earl of Strafford 104. Superinduction to a Rectory a Case upon it 511. T. COllonel Taaf committed by the House of Commons 785. Mr. Taylor an honest Burgess of Windsor expell'd the House and committed to the Tower 257. discharged 286. Sir John Temple his Letter from Ireland 371. Term abbreviated 238. Thanks ordered to the Queen by the House of Commons 405. to the Earl of Bristol by the House of Lords 430. to the Lord General by the same 496. to Calamy and Marshal by the House of Commons 775. by the same to the Train'd Bands Sheriffs and Major Skippon 838. to the Inhabitants of Bucks 884. to the Scots Commissioners 887. William Thomas his long Speech against the Bishops 211 to 226. another Speech against Deans and Chapters 282. Thorp a Witness against the Earl of Strafford 53. Tobacco two Proclamations of the Earl of Strafford about the Sale of it 66. Toleration of the Popish Religion in Ireland Votes and Debates about it 737 754. Tonnage and Poundage a Bill for it 257. 294 308 381 383 447 687 708. Fower of London a Conference about the Lieutenant there 773 778 Order of the House of Commons about it 775. their Declaration upon it 778. The Constable desired by the House of Commons to reside there 780. a Message to the House of Lords about it 835 844. Trained Bands raised to guard the Parliament 492. those of Westminster their Petition to the House of Commons 839. Earl of Traquair a Witness in the case of the Earl of Strafford 82. Treaty between the Lords c. of the Pale and the Ulster Rebels 907. with the Irish Rebels proposed 917. Tredagh opportunely garrison'd 636. Relief for it unfortunately defeated 905. Mr. Baron Trevor impeach'd by the House of Commons 343. Articles against him 352. Mr. Trevor ordered to be of Council for the Bishops 648. Tryal of the Earl of Strafford the manner agreed by both Houses 36. Tumult about the Spanish Ambassadors House 187. another on a ridiculous occasion 192. a Conference about them 245. Order of the Lords about them 246. Tumults about the Queen Mother 247. disturb people at the Communion 271. Order about them 275 291 393 395. Tumults about the French Ambassador 468. Order about them 476 603 692 856. Judges report the Statutes in force against them 709. But they are favour'd by the House of Commons 709. disavow'd by the Common-Council of London 712. 803. more Tumults 781 788 789 792. a Committee of the Lords to consider upon them 781. still favour'd by the Factious Commons 784 790 792 838. a Proclamation against them 786. Message from the House of Commons about them 789. Tumultuary Petitioning encouraged by the House of Commons 735. Sir Arthur Tyrringham a Witness for the Earl of Strafford repels the Irish Rebels at Lisnegarves 906. V. SIr Henry Vane Enemy to the Earl of Strafford and why 3. a Witness against him 82 83 84. his Speech against Episcopal Government 276. his Letter to the Lords Justices of Ireland 565. Sir Henry Vane junior produces a Paper pernicious to the Earl of Strafford 103. an Account of it 208. Captain Ven a godly Complainant 496. Venetian Ambassador a Priest of his Retinue imprison'd 394. he complains of the breaking open his Pacquet 640. Answer of the House of Lords 1641. his reception of it 643. a Message from him 655. Vintners Case against Alderman Abel and Kilvert 256. Voluntiers come in for Ireland 772. Message from the King about them 787 789 793. Votes of both Houses concerning the Irish Affairs 600 642 643 729 755 762 772 778 791. concerning Breach of Priviledge 741. Votes of the House of Lords upon debating the Bill concerning the Bishops 255. against the New Canons c. 285. concerning the Council at York 388. about
aforesaid did on the deliver his Opinion in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-Money that he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in Question A Copy of which proceeding and judgment the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and one of the Justices of Assize for the County of York did at the Assizes held at York in Lent 1636. deliver his charge to the Grand-Jury that it was a lawful and inseparable Flower of the Crown for the King to command not only the Maritime Counties but also those that were In-land to find Ships for the defence of the Kingdom And then likewise falsely and maliciously affirmed that it was not his single judgment but the judgment of all his Brethren witnessed by their subscriptions And then also said that there was a rumour that some of his Brethren that had subscribed were of a contrary Judgment but it was a base and unworthy thing for any to give his Hand contrary to his Heart and then wished for his own part that his Hand might rot from his Arm that was guilty of any such Crime when as he knew that Master Justice Hutton and Master Justice Crook who had subscribed were of a contrary Opinion and was present when they were perswaded to subscribe and did subscribe for Conformity only because the major Number of the Judges had subscribed And he the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false malicious Words were uttered as aforesaid with intent and purpose to countenance and maintain the said unjust Opinions and to terrifie His Majesties Subjects that should refuse to pay Ship-Money or seek any remedy by Law against the said unjust and illegal Taxation 8. That whereas Richard Chambers Merchant having commenced a Suite for Trespass and false imprisonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-Money in the time that the said Sir Edward Bromfield was Lord Mayor of the City of London in which Suite the said Sir Edward Bromfield did make a special Justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench in Trinity Term last then sitting on the Bench in the said Court upon debate of the said Case between the said Chambers and Sir Edward Bromfield said openly in the Court that there was a Rule of Law and a Rule of Government And that many things which might not be done by the Rule of Law might be done by the Rule of Government And would not suffer the Point of Legality of Ship-Money to be argued by Chambers his Councel all which Opinions Declarations Words and Speeches contained in the Third Fourth Fifth Sixth Seventh and Eighth Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which Resolution in Parliament and Petition of Right were well known to him and Resolved and Enacted when he was the King's Serjeant at law and attendant in the Lords House of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of King's-Bench and being in Commission of the Peace and duly sworn to execute the Office of a Justice of Peace in the County of Hertford on or about the seventh of January 1638. at which time the General Sessions of the Peace for the said County were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the Grand-Jury returned to serve at the said Sessions for presenting the removal of the Communion Table in All-Saints Church in Hertford aforesaid out of the Place where it anciently and usually stood and setting it Alter-ways against the Laws of this Realm in that Case made and provided as an Innovation in Matters concerning the Church the said Grand-Jury having delivered to them in Charge at the said Sessions by Master Serjeant Atkins a Justice of the Peace of the said County of Hertford that by the Oath they had taken they were bound to present all Innovations concerning Church Matters And he the said Sir Robert Berkley compelled the Fore-Man of the Jury to tell him who gave him any such Information and thereby knowing it to be one Henry Brown one of the said Grand-Jury he asked the said Brown how he durst meddle with Church Matters who affirming that in the said Charge from Master Serjeant Atkins the said Jury was charged to do he the said Sir Robert Berkley told the said Brown he should therefore find Sureties for his good Behaviour and that he the said Sir Robert Berkley would set a great Fine on his Head to make him an Example to others and thereupon the said Brown offered sufficient Bail but he the said Sir Robert Berkley being incensed against him refused the said Bail and committed the said Brown to Prison where he lay in Irons till the next Morning and used to the said Brown 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 Brown that he had sinned in the said Presentment And he compelled the said Grand-Jurors to say they were sorry for that they had done in that Presentment and did bid them to trample the said Presentment under their Feet and caused Brown to tear the said Presentment in his sight And he the said Sir Robert Berkley when as John Houland and Ralph Pemberton late Mayor of Saint Albons came to desire his Opinion on several Indictments against John Brown Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the Quarter Sessions held at the said Town of Saint Albons on the four and twentieth of June 1639. for the removal of the Communion Table out of the usual Place and not Administring the Sacrament according to Law in that Case provided He the said Sir Robert Berkley 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 the Church Matters to their great Grief and Trouble of their Consciences And whereas several Indictments were preferred against Matthew Brook Parson of Yarmouth by John Ingram and John Carter for refusing several times to Administer the Sacrament of the Lords-Supper to them without any lawful 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 Tryal on the said