case Breedon against gill who tam c suggestion for a prohibition to be direct  to commissioner of excise S c salk S c ld raym England to wit be it remember  that on Tuesday on the morrow of all soul in this same term before the lord  the king at Westminster come here in court Robert Breedon in his proper person  and give the court here to understand and be inform that whereas by the law  and statute of this kingdom of England every issue join in any cause depend in  any court of the king within this realm before any judge or judge ought to be  try and determine by the testimony of live voice witness produce in such court  and not by the read of note and minute in write contain the testimony of any  witness or witness take in the same or in any other court before the time of  the trial of such issue by any clerk of any court and whereas a certain  information late to wit on the that day of January in the that year of the  reign of the say lord the now king accord to the form of the statute in such  case make and provide be exhibit at London in the parish of in the ware of  before the chief commissioner and governor of the revenue of the say lord the  king of the excise appoint accord to the form of the statute in such case late  make and provide by one Thomas Gill gentle who sue as well for the lord the  king as for himself and the poor of the parish of saint Martin in the field in  the county of Middlesex against the say Robert Breedon show that the say  Robert Breedon a common brewer inhabit and keep a common brewhouse for brew of  beer and ale within the limit a rid jurisdiction of the general office of the  excise situate in Broadstreet London that be to say in the parish of saint  Martin in the field aforesaid without first give notice thereof at the say  office of the excise or to the commissioner or governor aforesaid or to any of  they within the limit and jurisdiction thereof in and about the that day of  December then last pass do make use of and keep a private and conceal  storehouse or room for lie beer and ale or word in cask the same not be such  as be open know discover or make use of in his common usual brewhouse to the  damage and prejudice of the say lord the king in his revenue of the excise  which be contrary to the form of the statute in such case make and provide and  therefore he pray the judgement of the say commissioner and governor by that  information as in and by the law of the excise be devise and appoint to which  say information before the say commissioner and governor the say Robert  Breedon afterward to wit on the three day of march in the that year of the  reign of the say lord the now king there appear and plead that he be not  guilty of the offence in the say information contain and issue thereupon be  there join and in such manner it be thereupon proceed before the say  commissioner and governor of the revenue of the say lord the king of the  excise that afterward to wit on the say three day of march in the that year  abovesaid there the say commissioner and governor adjudge the say Robert to be  guilty of the premise object to he by modern er p the information aforesaid  from which say judgement and determination and for have relief in the premise  the aforesaid Robert Breedon afterward to wit on the that day of April in the  that year of the reign of the say lord the now king accord to the form of the  statute in such case late make and provide appeal to the commissioner of the  appeal by the law and statute of this realm of England in such case appoint  and the aforesaid Thomas who sue as well for the say lord the king as for  himself and the poor of the parish of saint Martin in the field aforesaid on  the that day of October in the that year abovesaid at Westminster in the  county of Middlesex before bodington lock and Challoner esquire commissioner  of the appeal aforesaid in due mariner appoint for this purpose accord to the  form of the statute in such case make and provide to prove the say Robert  guilty of the premise in the say information specify offer in evidence certain  note and minute of the evidence give by Thomas Everard John booth and Henry  Caseburt then and now be in full life and reside at the city of London witness  before the say chief commissioner and governor of the revenue upon the trial  of the say issue before they then take in write by one Edward Noell Esq clerk  to the say commissioner and governor without any lawful authority and although  he the say Robert Breedon then and there allege and object to the aforesaid  commissioner of the appeal that the say note and minute ought not by the law  to be read in evidence and pray that the say Thomas Everard John booth and  Henry Caseburt be then and now in full life as afore be set forth may be  produce to give live voice evidence upon their oath before the say  commissioner of the appeal but the say commissioner notwithstanding have  adjudge that the say note or minute so as aforesaid by the say Edward Noell  take without any lawful authority shall be read in evidence contrary to the  law and statute of this kingdom of England the aforesaid Thomas Gill the  judgement so as aforesaid give by the chief commissioner and governor of the  revenue of the say lord the king of the excise upon the evidence aforesaid  daily endeavour and contrive with all his power to procure to be confirm in  contempt of the say lord the now king and to the damage prejudice and manifest  grievance of he the say Robert Breedon and contrary to the law and custom of  this kingdom of England and this he be ready to verify whereupon he the say  Robert Breedon pray the writ of the say lord the king of prohibition in this  behalf to be direct to the say commissioner of the appeal to prohibit they  lest they admit the note and minute aforesaid in evidence in the cause  aforesaid