such cause onely as was clearly baileable by Law yet hee remanded them where they remained prisoners very long which said deferring to grant the said writs of Habeas Corpus and refusals and delayes to discharge prisoners or suffer them to be bailed contained in in this Article are destructive to the fundamentall Lawes of this Realme and contrary to former resolutions in Parliament and to the petition of Right which said resolutions and petition of Right were well knowne to him the sud Sir Iohn Brampston 4. That whereas there was a cause depending in the Court Christian at Norwich between Samul Booly Clerk and _____ Collard for two shillings in the pound for tythes for rents of houses in Norwich the said Collard moved by his Councell in the Court of Kings Bench for a prohibition to stay proceedings in the Court Christian at Norwich and delivered into the said Court of Kings Bench his suggestions that the said cause in the said Court Christian was for tythes for rents of houses in Norwich which was determinable by the Common Law only yet he the said Sir Iohn Brampston being chiefe Justice of the said Court of Kings Bench and sitting in the said Court deferred to grant a prohibition to the said Court Christian in the said cause although the Counsell did move in the said Court severall times and several termes for a Prohibitions And he the said Sir Iohn Bramston deferred to grant his Majesties writs of prohibition to severall other Courts on the motions of divers others of his Majesties subjects where the same by Laws of this Realme ought to have been granted contrary to the Lawes of this Realme and his owne knowledge And the said Commons by protestation saving to themselves onely the liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Iohn Brampston and also of replying to the answer that he the said Sir Iohn Brampston shall make unto the said Articles or any of them or of offering proofe of the premisses or any of their impeachments or accusations that shall bee exhibited by them as the Case shall according to the course of Parliaments require doe pray that the said Sir Iohn Brampston Lord chiefe Justice of the Court of Kings Bench may bee put to answer to all and every the premisses and that such proceedings examinations trials and judgements may be upon every of them had and used as is agreeable to Law and Justice Articles of the House of Commons in the name of themselves and of all the Commons of England against Sir Francis-Crawley Knight one of the Iustices of his Majesties Court of common-Common-pleas impeaching him as followeth 1. THAT he about the moneth of November Anno Dom. 1635. then being one of the Justices of the Court of common-Common-pleas and having taken an oath for the due administration of Justice to his Majesties liege people according to the Lawes and Statutes of this Realme subscribed an opinion in haec verba I am of opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime patts as in case of Piracie or Depredations upon the Seas there the charge hath been and may bee lawfully imposed upon them according to presidents of former times so where the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger of which his Majesty is the onely Judge there the charge of the defence ought to bee borne by all the Realme in generall This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Ann. Dom. 1636. then being one of the Justices of the said Court of common-Common-pleas subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba Charles R. When the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger whether may not the King by writ under the great Seale of England command all the Subjects of this Kingdome at their charge to provide and furnish such number of Ships with Men Victuall and Munition and for such time as he shall thinke fit for the defence and safeguard of the Kingdome from such danger and perill And by Law compell the doing thereof in case of refusall or refractorinesse and whether in such case is not the King the sole Judge both of the danger and when and how the same is to be prevented and avoyded C.R. May it please your most excellent Majesty We have according to your Majesties command severally every man by himselfe and all of as together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royall Letter And we are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by writ under the great Seale of England command all the subjects of this your Kingdome at their charge to provide and furnish such number of Ships with Men Victuall and Munition and for such time as your Majesty shall thinke fit for the defence and safeguard of the Kingdome from such danger and perill And that by Law your Majesty may compell the doing thereof in case of refusall or refractorinesse And we are also of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same us to be prevented and avoyded Iohn Bramston Iohn Finch Humphrey Davenport Iohn Denham Richard Hutton William Jones George Crooke Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Westone 3. That hee then being one of the Justices of the said Court of Common pleas delivered an opinion in the Exchequer Chamber against Iohn Hampden Esquire in case of Ship-money that he the said Iohn Hampden upon the matter substance of the case was chargeable with the money then in question a copy of which proceedings and judgement the Commons of this present Parliament have already delivered to your Lordshis 4. That he then being one of the Justices of the said Court of common-Common-pleas declared and published in the Exchequer Chamber and Westminster Circuit where he went Judge That the Kings Right to Ship-money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious speeches enveighed against threatned and discountenanced such as refused to pay Ship money All which opinions and judgements contained in the first second and third Articles are destructive to the fundamentall Lawes of this Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of Right which said resolutions and petitions of Right were well knowne to him And the said Commons by protestation saving to themselves onely the Liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Francis Crawley also of replying to the answer
William Jones George Crooke Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Westone 6. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings Bench and duly sworne as aforesaid did on the _____ deliver his opinion in the Exchequer Chamber against Iohn Hampden Esquire in the Case of Ship-mony that hee the said Iohn Hampden upon the matter and substance of the Case was chargeable with the money then in question A coppie of which proceeding and judgement the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings Bench and one of the Justices of Assize for the County of Yorke did at the Assizes held at Yorke in Lent 1636. deliver in his charge to the grand Iurie that it was a lawfull and inseparable flower of the Crowne for the King to command not onely the Maritime Counties but also those that were In-land to finde ships for the defence of the Kingdome And then likewise falsely and maliciously affirmed that it was not his single judgement but the judgement of all his brethren witnessed by their subscriptions And then also sayd that there was a rumour that some of his Brethren that had subscribed were of a contrary judgement but it was a base and unworthy thing for any to give his hand contrary to his heart and then wished for his owne part that his hand might rot from his arme that was guiltie of any such crime when as he knew that Mr. Justice Hullen and Mr. Justice Croâ—kâ— who had subscribed were of a contrary opinion and was present when they were perswaded to subscribe and did subscribe for conformitie onely because the major number of the Judges had subscribed And he the sayd Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said fals malitious words were uttered as aforesaid with intent and purpose to countenance and maintaine the said unjust opinions and to terrifie his Majesties Subjects that should refuse to pay Ship-money or seek any remedie by Law against the said unjust and illegall taxation 8. That whereas Richard Chambers Merchant having commenced a suit for trespasse and false imprâ—sonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-mony in the time that the said Sir Edward Bromfield was Lord Maior of the Citie of London in which sure the said Sir Edward Bromfield did make a speciall justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings Bench in 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 legalitie of Ship-money to be argued by the said Chambers his Councell all which opinions declarations words and speeches contained in the third fourth fifth sixth seventh and eighth Articles are destructive to the fundamentall Laws of this Realme the Subjects right of propertie and contrary to former resolutions in Parliament to the petition of right which resolution in Parliament and petition of right were well known to him and resolved and enacted when hee was the Kings Sergeant at law and attendant in the Lords house of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of Kings Bench and being in commission of the Peace and duly sworn to execute the office of a Justice of Peace in the Countie of Hertford on or about the seventh of Ianuary 1638. at which time the generall Sessions of the Peace for the said Countie were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the grand Jurie returned to serve at the said Sessions for presenting the removall of the communion Table in All Saints Church in Hertford aforesaid out of the place where it anciently and usually stood and setting it Altar-waies against the Lawes of this Realme in that Case made and provided as an innovation in matters concerning the Church the said grand Jurie having dilivered to them in charge at the said Sessions by Master Sergeant Atkins a Justice of the Peace of the said Countie of Hertford that by the oath they had taken they were bound to present all innovations concerning Church matters And he the said Sir Robert Berkley compelled the fore-man of the Jurie to tell him who gave him any such information and thereby knowing it to be one Henry Browne one of the said grand Jurie he asked the said Browne how he durst meddle with Church matters who affirming that in the said charge from Master Sergeant Atkins the said Jurie was charged to doe he the said Sir Robert Berkley told the said Browne hee should therefore finde suerties for the good behavior 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 Browne offered sufficient baile but he the said Sir Robert Barkley being incensed against him refused the said baile and committed the said Browne to prison where he lay in Irons till the next morning and used to the said Brown and the rest of the Iurors many other reviling and terrifying speeches And said he knew no Law for the said presentment and told the said Browne that hee had sinned in the said presentment And he compelled the said grand Jurors to say they were forty for what they had done in that presentment and did bid them to trample the said presentment under their feet and caused Browne to teare the said presentment in his sight And he the said Sir Robert Berkley when as Iohn Houland and Ralph Pemberton late Maior of Saint Albons came to desire his opinion on severall Indictments against John Browne Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the quatter Sessions held at the said towne of Saint Albons on the foure and twentieth of June 1639. for the removall of the Communion Table out of the usuall place and not administring the Sacrament according to 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 then great griefe and trouble of their consciences And whereas severall Indictments were preferred against Iohn Brook Parson of Yarmouâ—h by Iohn Ingram and Iohn Carter
sufficient baile And he the said Sir Robert Berkley being one of the Justices of the Court of the Kings Bench denyed to grant his Majesties writs of Habtas Corpus to very many others his Majesties subiects and when he had granted the said writs of Habeas Corpus to very many others his Majesties subjects and on the returne no cause appeared or such onely as was clearly baileable by Law yet hee remanded them where they remained prisoners very long which said deferring to grant the said writs of Habeas Corpus and refusals and delayes to discharge prisoners or suffer them to be bailed contained in this Article are destructive to the fundamentall Lawes of this Realme and contrary to former resolutions in Parliament and to the petition of Right which said resolutions and petition of Right were well knowne to him the said Sir Rebert Berkley and were resolved on and enacted when he was the Kings Serjeant at Law and Attendant in the Lords House in Parliament 11. That whereas there was a cause depending in the Court Christian at Norwich between Samuel Booty Clerke and _____ Collard for two shillings in the pound for tythes for rents houses in Norwich and the said Collard moved by his Councell in the Court of Kings Bench for a prohibition to stay proceedings in the Court Christian at Norwich and delivered into the said Court of Kings Bench his suggestions that the said cause in the said Court Christian was onely for tythes for rents of houses in Norwich which was determinable by the Common Law onely yet he the said Sir Robert Berkley being one of the Justices of the said Court of Kings Bench and sitting in the said Court deferring to grant a prohibition to the said Court Christian in the said cause although the Councel did move in the said Court many severall times and severall termes for a prohibition And he the said Sir Robert Berkley deferred to grant his Majesties writ of prohibition to severall other Courts on the motions of divers others of his Majesties subjects where the same by the Lawes of this Realme ought to have been granted contrary to the Lawes of this Realme and his owne knowledge All which words opinions and actions were so spoken and done by him the said Sir Robert Berkley traiterously and wickedly to alienate the hearts of his Majesties liege people from his Majesty to set a division betwixt them and to subvert the fundamentall Lawes and established government of his Majesties Realme of England For which they doe impeach him the said Sir Rebert Berkley one of the Justices of the Court of Kings Bench of high treason against our Soveraigne Lord the King his Crowne and dignity and of the misdemeanors above mentioned And the said Commons by protestation saving to themselves onely the liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Robert Berkley and also of replying to the answer that he the said Sir Robert Berkley shall make to the said Articles or any of them or of offering proofe of the premises or any other impeachments or accusations that shall be exhibited by them as the Case shall according to the course of Parliaments require doe pray that the said Sir Robert Berkley one of the Justices of the Court of Kings Bench may be put to answer to all and every the premisses and that such proceedings examinations trialls judgements and executions may be upon every of them had used as is agreeable to Law Justice Articles of the House of Commons in the name of themselves and of all the Commons of England against Sir Iohn Bramston Knight Lord chiefe Iustice of the Court of Kings Bench impeaching him as followeth 1. THAT the said Sir Iohn Bramston then being Lord Chiefe Justice of the Court of Kings Bench and having taken an oath for the due administration of Justice to his Majesties Liege people according to the Lawes and Statutes of this Realme did on or about the last of November 1635. subscribe his name to an opinion in haec verba I am of opinion that as where the benefit doth more peculicaly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the charge hath beene and may be lawfully imposed upon them according to presidents of former times so where the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger of which his Majesty is the onely Judge there the charge of the defence ought to be borne by all the Realme in generall this I hold agreeable both to Law and Reason 2. That he the said Sir Iohn Bramston then being Lord chiefe Justice of the Court of Kings Bench about the Month of February 1635. did subscribe an extrajudiciall opinion in answer to questions in a letter from his Majesty which letter questions and answers follow in haec verba Charles R. When the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger whether may not the King by writ under the great Seale of England command all the Subjects of this Kingdome at their charge to provide and furnish such number of Ships with Men Victuall and Munition and for such time as he shall thinke fit for the defence and safeguard of the Kingdome from such danger and perill and by Law compell the doing thereof in case of refusall or refractorinesse And whether in such case is not the King the sole Judge both of the danger and when and how the same is to be prevented and avoided C. R. May it please your most excellent Majestie Wee have according to your Majesties command severally every man by himselfe and all of us together taken into serious consideration the Case Question assigned by your Majestie and inclosed in your Royall Letter And wee are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by writ under the great Sealt of England command all the Subjects of this your Kingdome at their charge to provide and furnish such number of Shippes with Men Victuall and Munition and for such time as your Majestie shall thinke fit for the defence and safeguard of the Kingdome from such danger and perill And that by Law your Majesty may compell the doing thereof in case of refusall or refractorinesse And wee are also of opinion that in such case your Majestie is the sole Judge both of the danger and when and how the same is to be prevented and avoided Iohn Brampflan Iohn Finch Humphtey Davenport Iohn Denham Richard Hutton William Iones George Crooke Thomas Trevor George Vernon Robert Derkley Francis Crewley Richard Weston Which said opinions contained in the first and second Articles are destructive to the fundamentall Lawes of this Realme the subjects right of property and contrary to former resolutions in Parliament and to the petition of
ARTICLES OF ACCUSATION EXHIBITED By the Commons House of Parliament now assembled AGAINST Sr. John Bramston Knight Justices of his Majesties Bench. Sr. Robert Berkley Knight Justices of his Majesties Bench. Sr. Francis Crawley Knight one of the Justices of the common-Common-pleas Sr. Humphrey Davenport Knight Barons of his Majesties Exchequer Sr. Richard Weston Knight and Barons of his Majesties Exchequer Sr. Thomas Trevor Knight Barons of his Majesties Exchequer 2 CHRON. 19.6 7. Jehosaphat said to the Judges Take heed what ye doe for ye judge not for man but for the Lord wherefore let the feare of the Lord be upon you for there is no iniquity with the Lord our God nor taking of gifts Printed in the yeare 1641. Articles of the House of Commons in the name of themselves and all the Commons of England against Sir Richard Weston Knight one of the Barons of his Majesties Court of Exchequer impraching him as followeth 1. THat the said Sir Richard Weston about the moneth of November Anno Domini 1635. then being one of the Barons of his Majesties Court of Exchequer and having taken an oath for the due Administration of Justice to his Majesties liege people according to the Lawes and Statutes of this Realme subscribed his name to an opinion in haec verba I am of opinion c. ut suprà in Sir Robert Berkley's Charge 2. That in or about the moneth of February Anno Domini 1636 the said Sir Richard Weston being then one of the Barons of the said Court of Exchequer subscribed an extraiudiciall opinion in answer to questions in a Letter from his Maiesty in haec verba Charles R. When the good and safety of the Kingdome in generall is concerned c utsuprà 3 That the said Sir Richard Weston being then one of the Barons of his Maiesties Court of Exchequer did deliver his opinion and iudgement in the Exchequer chamber against Iohn Hampden Esquire in the Case of shipmoney That he the said Iohn Hampden c. as in Judge Crawley's Charg 4. That where as in the moneth of April 16. Carol the Officers of the Custome-house having seised a ship of one Samuel Warner's laden with Tabacco being the goods of the said Warner the bulke of the said ship not being broken and no information exhibited for the King according to the course of the Exchequer for any duty the Barons were moved that the said ship might be restored to the Proprietors giving security to pay such duties as did belong to the King But upon the allegation of the Kings Attorney that there needed no information because there was no penalty the said Sir Richard Weston being then one of the Barons of his Majesties Court of Exchequer together with the rest of the then Barons of the said Court did contrary to his oath and contrary to the Lawes of this Realme deny the restitution of the said ship unlesse all the duties demanded by the Farmers of the Custome-house were first paid Hereupon the said Warner brought an action of Trover upon the case in the Office of Pleas in the Exchequer against the said Officers that seised his ship and goods Whereupon the Kings Attorney Generall exhibited an Information by English Bill in the Exchequer-chamber against the said Warner setting forth that Customes and Subsidies upon Merchandize were a great part of the Kings revenue and payable to him and that the said ship was seised for non-payment of the aforesaid duties Notwithstanding the said Warner the proprietor prosecuted the Officers upon a Suit at Law and prayes that he may answer the said information before any further proceedings be had at Law Thereupon the said Sir Richard Weston together with the rest of the then Barons of the said Court of Exchequer ordered that the proprietor moving for delivery of his said goods should first answer to the Information after which the said Warner demurred to the said Information in regard no title for any certaine duty was set forth by the Information Which demurrer yet remaines not over-ruled but the said Sir Richard Weston with the said other Barons without over-ruling the demurrer ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the action of Trover The proprietor being thus prevented of his remedy by action at Law sued forth a Replevin and upon pretence of viewing the said goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmors to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon oath made of the manner of the taking as aforesaid before the Barons and upon view of the president inrolls his case the said Sir Richard Weston with the said other Barons adiudged that the said goods were not replevisable and granted an Iniunction to maintaine the possession of them as they were before And the said house of Commons by Protestation saving to themselves onely the liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Richard Weston and also of replying to the answer that he the said Sir Richard Weston shall make unto the said Articles or any of them or of offering proofe of the premises or any of their impeachments or accusations that shall be exhibited by them as the case shall according to the course of Parliaments require doe pray that the said Sir Richard Weston one of the Barons of his Maiesties Court of Exchequer may be put to answer c. The Articles of impeachment of Sir Robert Berkley Knight one of the Iustices of the Court of the Kings Bench by the Commons in this present Parliament assembled in their own name and in the name of all the Commons of England in maintenance of their accusation whereby he standeth charged with high treason and other great misdemeanors 1. INprimis that the said Sir Robert Berkley then being one of the Justices of the said Court of Kings Bench hath traiterously and wickedly endevoured to subvert the fundamentall Lawes and established government of the Realme of England and in stead thereof to introduce an Arbitrary and Tyrannicall government against Law which he hath declared by traiterous and wicked words opinions judgements practices and actions appearing in the severall Articles ensuing 2. Whereas by the Statute made in the five and twentieth yeare of the reigne of the late King Henry the eight prices of victualls are appointed to be rated in such manner as in the said Statute is declared But it is manifest by the said Statute Corne is none of the victualls thereby intended Neverthelesse some ill affected persons endevouring to bring a charge upon the subjects contrary to Law did surmise that the prices of Corn might be rated and set according to the direction of that Statute and thereupon great gaine might be raised to his Majesty by licenses and dispensations for selling Corne at other prices And a
command from his Majesty being procured to the Judges and sent to them by William Noy Esquire his Majesties then Attorney generall to deliver their opinions touching the question whether Corne was such victualls as was intended to have the price rated within the said Statute In answer to which demand the said Sir Robert Rerkley then being one of his Majesties Justices of the Court of Kings Bench in furtherance of the said unlawfull charge endevoured to be imposed as aforesaid he thirtieth day of Novem in the eight yeare of his now Hajesties Reigne did deliver his opinion that Corne was such victuall as was intended to have the price rated within the said Statute which said opinion was contrary to Law and to the plaine sence and meaning of the said Statute and contrary to his owne knowledge and was given and delivered by him with a purppose and intention that the said unlawfull charge might be imposed upon the Subject 3. That an information being preferred in the Court of Star-Chamber by the said William Noy his Majesties then Attorney generall against Iohn Overman and fifteene other Soape-makers Defendanes charging them with severall pretended offences contrary to divers Letters Patents and Proclamations touthing the making and uttering Soape and using the trade of Soape-makers and other offences in the said Information mentioned whereunto the Defendants did plead and demurre as to part and answer to other part of the said Information And the said Plea and demurrer being over ruled for that the particulars therein insisted upon would appeare more fully after answer and proofe therefore the Defendants were ordered to answer without prejudice and were to be admitted to such exceptions to the said Information and advantages of the matter of the Plea and demurrer upon the hearing as shall be materiall and accordingly the Defendants did put in their answers and set forth severall Acts of Parliament Letters Parents Charters Customes and Act of Common Councell of the City of London and other matters materially conducing to their defence and in conclusion pleaded not guilty The said Sir Robert Berkler then being one of the Justices of the Court of Kings Bench upon the 30. day of March in the eighth yeare of his Majesties now Reigne upon an Order of Reference to him and others by the said Court of Star-Chamber to consider of the impertinency of the said answers did certifie the said Court of Star-chamber that the whole answers excepting the foure words and ten last lines should be expunged leaving thereby no more substance of the said answers then the Plea of not guilty And after upon a Reference to him and others by order of the said Court of the impertinency of the Interrogatories and depositions of witnesses taken on the Defendants part in the same case the said Sir Robert Berkley upon the second day of Mâ—y in the eighth yeare of his now Majesties Reigne certified that nine and thirty of the said Interrogarories and the deposiâ—ions upon them taken should bee suppressed with answers except as aforesaid and depositions although the same did containe the said Defendants most materiall defence Yet were expunged and suppressed according to the said certificates both which said certificates were contrary to Law and Justice and contrary to his the said Sir Robert Berkley's owne knowledge and contrary to the said former order whereby the advantages were saved to the Defendants as aforesaid And by reason thereof the said Iohn Overman and the said other fifteene Defendants were sentenced in the said Court of Star-chamber to be committed prisoners to the Fleet and disabled from using their trade of Soap-makers And one of them fined in a thousand five hundred pounds two of them in a thousand pound a peece foure of them in a thousand Marke a peece which fines were estreated into the Exchequer without any mitigation And the said Defendants according to the said sentence were imprisoned and deprived of their trade and livelihood tending to the utter rnine of the said Defendants and to the overthrow of free trade and contrary to the liberty of Subjects 4. That he the said Sir Robert Berkley then being one of the Justices of the Kings Bench and having taken an oath for the due administration of Justice according to the Lawes and Statutes of this Realme to his Majesties Liege people on or about the last of December subscribed an opinion in haec verba I am of opinion that as where the benefit doth more particularly redound to the good of the Ports or Maritime parts as in case of Pyracy or Dâ—predations upon the Seas there the charge hath beene and may be lawfully imposed upon them according to presidents of former times so where the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger of which his Majesty is the onely Judge there the charge of the defence ought to be borne by all the Realme in generall this I hold agreeable both to Law and reason 5. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings Bench and duely sworn as aforesaid In Febru 1636. subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba Charles R. When the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger Whether may not the King by writ under the great Seale of England command all the Subjects of this Kingdome at their charge to provide and furnish such number of Ships with Men Victualls and Munition and for such time as he shall thinke fit for the defence and safeguard of the Kingdome from such danger and perill And by Law compell the doing thereof in case of refusall or refractorinesse and whether in such case is not the King the sole Judge both of the danger and when and how the same is to be prevented and avoyded C. R. May it please your most excellent Majesty We have according to your Majesties command severally every man by himselfe and all of us together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royall Letter And we are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by writ under the great Seale of England command all your subjects of this your Kingdome at their charge to provide and furnish such number of Ships with Men Victuall and Munition and for such time as your Majefly shall thinke fit for the defence and safeguard of the Kingdome from such danger and perill And that by Law your Majesty may compell the doing thereof in case of refusall or refractorinesse And we are also of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoyded Iohn Bramston Iohn Finch Humphrey Davenport Iohn Denham Richard Hutton
that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering proofe of the premisses or of any of their impeachments or accusations that shall be exhibited by them as the Case shall according to the course of Parliaments require Doe pray that the said Sir Francis Crawlty one of the Justices of the said Court of common-Common-pleas may bee put to answer to all and every the premisses and that such proceedings examinations trials and judgements may be upon every one of them had and used as is agreeable to Law and Justice Articles of the House of Commons in the name of themselves and of all the Commons of England against Sir Humphrey Davenport Knight Lord chiefe Baron of his Majesties Court of Exchequer impeaching him as followeth THAT whereas in the moneth of October in the fourth yeare of his Majesties reigne the Farmours and Officers of the Custome-house having seized great quantities of Currants being the goods of Samuel Vassall Merchant and having conveyed them into certaine Store houses at the Custome-house and detained them because the said Samuel Vassall refused to pay an imposition of five shillings six pence upon every hundred weight of the said Currants pretended to bee due upon and demanded by the said Farmours Officers on his Majesties behalfe for the said Currants whereas no such imposition was due or parable for the same but the said imposition was and is against the Lawes of this Realme And whereas also in Mâ—chaelmas Tearme in the said fourth yeare of his Majesties reigne his Majesties then Atturney generall exhibited an information by English Bill in the Exchequer against the said Samuel Vassall setting forth that King Iames by his Letters Patents dated tertio Novemb. in the second yeare of his reigne did command the said imposition of five shillings six pence upon every hundred weight of Currants should be demanded and received And that his Majesty that now is by his Letters Patents dated the six and twentieth day of July in the second yeare of his Reigne did by advice of his Privy Councell declare his will and pleasure to bee that Subsidies Customes and Impost should be levied in such manner as they were in the time of King Iames and the same and the Farmes thereof to continue untill it might receive a setling by Parliament and commanded the levying and receiving the same accordingly and that the said Sam. Vassall before the said first day of Octob. then last before the said information exhibited did bring into the port of London in ships foure thousand six hundred thirty eight hundred weight of Currants Richard Carmarthen Surveyour 〈◊〉 the said port of London the said first day of Octob. demanded of the said Samuel Vassal the said Imposition of five shillings six pence for every hundred weight of the said Currants and that the said Samuel Vassall refused to pay the said imposition and unjustly detained it from the King To which information the said Samuel Vassall appeared and pleaded the Statute of Magna Charta and the Statute of De Tallagio non concedendo and that hee was a Subject borne under the Kings Allegeance and a Merchant of London using that trade and that the said summe of five shillings six pence-upon every hundred weight of Currants was and is malum talentum and not antiqâ—a seu recta consuetudo and that it was imposed without assent of Parliament to which Plea the said Atturney Generall demurred in Law and the said Samuel Vassall joyned in demurrer with him and when the said cause came to be argued viz. in Trinity Terme in the sixth yeare of his Majesties Reigne the said Sir Humphrey Davenport being then Lord chiefe Barron of his Majesties said Court of Exchequer did contrary to his oath and contrary to the Lawes of this Realme and to the great impoverishment of the said Samuel Vassall publikely denie to heare the Counsell of the said Samuel Vassall to argue for him and said that the case of the said Samuel Vassall would fall under the same rule with the case of one Bates and therefore was already judged and when the Councell of the said Samuell Vassall answering that they had nothing to doe with Bates his Case but desired to argue for Master Vassall the said Sir Humphrer Davenport replyed that they knew the opinion of the Court and should bee heard no further and said that the King was in possession and that they meaning the said Court of Exchequer would keepe him in possession And the said Sir Humphrey Davenport shortly after did together with the rest of the then Barons of the said Court of Exchequer imprison the said Samuel Vassal for not paying such summes of mony as were pretended by the said Officers of the Custome-house to bee due to his Majesty and did delay the said Samuel Vassal from time to time from having restitution of his said goods being often in Court moved thereto with intention to force the said Samuel Vassal to pay the said unlawfull imposition and did also give his opinion and judgement upon the said Information for the King and against the said Samuel Vassal and by severall orders for that purpose made did continue the possession of the said goods in the King and the said Samuel Vassal could never obtaine any restitution at all of his said goods whereas it was commanded to the Sheriffe of the County of Yorke by Writ under the Seale of his Majesties Court of Exchequer dated the sixteenth day of May in the seventh yeare of his Majesties Reigne that now is That hee should distraine Iames Maleverer Esquire to appeare before the Barons of his Majesties said Court of Exchequer in the Octaves of the Holy Trinity then next following to make fine to the KING for his trespasse and contempt in not comming to the presence of the KING before the one and thirtieth day of January in the first yeare of his said Majesties Reigne to take upon him the order of Knighthood according to the forme of a Proclamation in that behalfe formerly made at which day of the said Octaves of the Holy Trinity the fâ—id Iames Maleverer did appeare and pleaded to the said Writs that although his said Majesty the said one and thirtieth day of January and for three dayes next before the said one and thirtieth day of January was resident and remaining at his Palace at White-hall in the County of Middlesex and that the said James Malaeverer the said one and thirtieth day of January and three dayes next before the said one and thirtieth day of January was resident and remaining at Ancliffe in the said County of Yorke which is distant from the said Palace of White-hall the space of one hundred and fourescore miles and that the said Iames Maleverer the said one and thirtieth day of January aforesaid or at any time before had no lands or rents in his owne hands or in the hands of Feoffees to his use out of the said County