Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n commission_n peace_n session_n 2,574 5 10.6777 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A38203 Articles of accusation, exhibited by the Commons House of Parliament now assembled, against Sr. John Bramston Knight, Sr. Robert Berkley Knight, justices of His Majesties Bench, Sr. Francis Crawley Knight, one of the justices of the Common-Pleas, Sr. Humphrey Davenport Knight, Sr. Richard Weston Knight, and Sr. Thomas Trevor Knight, barons of His Majesties Exchequer England and Wales. Parliament. House of Commons.; Bramston, John, Sir, 1577-1654.; Berkeley, Robert, Sir, 1584-1656.; Crawley, Francis, Sir, 1573 or 4-1649.; Davenport, Humphrey, Sir, 1566-1645.; Weston, Richard, Sir, 1579?-1652.; Trevor, Thomas, Sir, 1586-1656. 1641 (1641) Wing E2521; ESTC R6725 30,776 51

There is 1 snippet containing the selected quad. | View lemmatised text

which his Majestie 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 duly sworne as aforesaid in February 1636. subscribed an extrajudiciall opinion in answer to questions in a letter from his Majestie in haec verba Charles R. When the good and safetie 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 hee 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 bee prevented and avoided C. R. May it please your most excellent Majestie 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 Majestie and inclosed in your Royall letter and we are of opinion that when the good and safetie of the kingdome in generall is concerned and the whole kingdome in danger your Majestie 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 Majestie shall thinke fit for the defence and safeguard of the kingdome from such danger and perill And that by Law your Majestie may compell the doing thereof in case of refusall or refractorinesse And we 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 bee prevented and avoided John Brampston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crooke Thomas Trevor George Vernon Robert Berkley 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 duely sworne as 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 copie 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 Countie of Yorke did at the Assizes held at Yorke in Lent 1636. deliver in his charge to the grand Jurie that it was a lawfull and inseparable flower of the Crowne for the King to command not only the Maritime Counties but also those that were In-land to finde ships for the defence of the Kingdome And then likewise falsely and malitiously affirmed that it was not his single judgement but the judgement 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 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 Hutton and Mr. Justice Crooke 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 hee the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false and 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 seeke 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 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 Maior of the Citie of London in which suit 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 Trinitie Terme last then sitting on the Bench in the said Court upon debate of the said Case betweene the said Chambers and Sir Edward Bromfield said openly in the said 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 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 Lawes of this Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of right which resolutions in Parliament and petition of right were well knowne to him and resolved and enacted when he 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 sworne 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 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-wayes 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 delivered to them in charge at the said Sessions by Master Sergeant Atkins a Justice of 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 Jurie to tell him who gave him any such