Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	lord_n	sergeant_n	4,053	5	11.1212	5	false

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

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

to compell those who are of able body and of able estates to arme themselves and such as should not be able of bodies but of ability in estate to assesse them according to their estates to contribute towards the charge of arraying and arming others being able of body and not able in estate to arme themselves And such persons as should be contrariant to commit to prison there to remaine untill the King should take further order therein And whereas the Earle of Exeter by vertue of his Majesties Commission to him directed for the arraying and arming of a certaine number of persons in the County of Northampton hath assest William Pargiter being a man unfit of body for that service but being of estate and ability fit to contribute amongst others to pay the summe of five shillings towards the arraying and arming of others of able bodies and wanting ability to array and arme themselves And whereas we have received information from the said Earle that the said William Pargiter hath not onely in a wilfull and disobedient manner refused to pay the said money assessed upon him towards so important a service to the disturbance and hinderance of the necessary defence of this kingdome but also by his ill example hath mis-led many others and as we have just cause to beleeve hath practised to seduce others from that ready obedience which they owe and would otherwise have yeelded to his Majesties just command for the publike defence of his person and kingdom which we purpose with all convenient speed to enquire further of and examine These are therefore to will and require you to take into your custody the persons of the said William Pargiter and Samuel Danvers and them safely to keepe prisoners till further order from this Board or untill by due course of Law they shall be delivered Yet he the said Sir Robert Berkley being desired to baile the said Pargiter and Danvers remitted them where they remained prisoners till the ninth of November last or thereabouts although the said Jennings Pargiter and Danvers on all and every the said returnes were cleerly baileable by Law and the Councell of the said Jennings Pargiter and Danvers offered in Court very sufficient baile And he the said Sir Robert Berkley being one of the Justices of the Court of Kings Bench denied to grant his Majesties Writs of Habeas Corpus to very many others his Majesties subjects 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 he 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 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 wheras there was a cause depending in the Court Christian at Norwich betweene Samuel Booty Clerke and 〈◊〉 Collard for 2 s in the l. for tithes for rents and 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 hee 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 Councell did move in the said Court many severall times and severall termes for a Prohibition And he the said Sir Bobert 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 Laws 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 Majestie and 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 Robert 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 misdemeanours 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 shal make to the said Articles or any of them or of offering proofe 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 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 and used as is agreeable to Law and Justice Articles of the House of Commons in the name of themselves and all the Commons of England against Sir Iohn Brampston Knight Lord chiefe Iustice of the Court of Kings Bench impeaching him as followeth 1. THat the said Sir Iohn Brampston then being Lord Chiefe Iustice 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 peculiarly redound to the good of the Ports or Maritime ports as in case of Pyracie 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 Majestie is the onely Iudge 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 hee the said Sir Iohn Brampston then being Lord cheife Iustice of the Court of Kings Bench about the Moneth of February

ARTICLES OF ACCUSATION EXHIBITED By the Commons House of Parliament now assembled AGAINST Sr. John Bramston Knight Justice of his Majesties Bench Sr. Robert Berkley Knight Justice of his Majesties Bench Sr. Francis Crawley Knight one of the Justices of the Common-pleas Sr. Humphrey Davenport Knight Baron of his Majesties Exchequer Sr. Richard Weston Knight Baron of his Majesties Exchequer and Sr. Thomas Trevor Knight Baron of his Majesties Exchequer 2 CHRON. 19.6 7. Jehosophat said to the Judges Take heed what ye do for ye judge not for man but for the Lord wherefore let the feare of the Lord be upon you for there is no iniquitie with the Lord our God nor taking of gifts Printed for I. H. 1641. The Articles of impeachment of Sir Robert Berkley Knight one of the Justices of the Court of the Kings Bench by the Commons in this present Parliament assembled in their owne 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 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 instead thereof to introduce an Arbitrarie and Tyrannicall government against Law which he hath declared by traiterous and wicked words opinions judgements practises and actions appearing in the severall Articles ensuing 2 Whereas by the Statute made in the five twentieth year of the raigne of the late King Henry the eighth 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 victuals thereby intended Neverthelesse some ill-affected persons endevouring to bring a charge upon the subjects contrary to Law did surmise that the prices of Corne might be rated and set according to the direction of that Statute and thereupon great gaine might be raised to his Majestie by licences and dispensations for selling Corne at other prices And a command from his Majestie being procured to the Judges and sent to them by William Noye Esquire his Majesties then Attorney generall to deliver their opinions touching the question whether Corne 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 unlawfull charge endevoured to be imposed as aforesaid the 30. day of November in the 8. year of his now Majesties Raigne 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 purpose 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 they said William Noy his Majesties then Attorney generall against John Overman and fifteen other Soape makers Defendants charging them with severall pretended offences contrary to divers Letters Patents and Proclamations touching 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 demurter 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 Patents Charters Customes and Acts of Common-councell of the Citie of London and other matters materially conducing to their defence and in conclusion pleaded not guiltie The said Sir Robert Berkley 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 raigne upon an Order of Reference to him and others by the said Court of Star-chamber to consider of the impertinencie 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 bee expunged leaving thereby no more in substance of the said answers then the Plea of not guiltie And after upon a Reference to him and others by order of the said Court of the impertinencie 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 yeare of his now Majesties raigne certified that nine and thirtie of the said Interrogatories and the depositions upon them taken should be suppressed with answers except as aforesaid and depositions although the same did containe the said Defendants most materiall defence Yet were expounged 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 John Overman and the said other fifteene Defendants were sentenced in the said Court of Star-chamber to be committed prisoners to the Fleete and disabled from using their trade of Soape-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 the rest five hundred pounds 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 ruine of the said Defendants and to the overthrow of free trade and contrary to the libertie of Subjects 4 That hee the said Sir Robert Berkley then being one of the Justices of the Court of 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 Pyracie 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

of persons in the County of Northampton hath assest William Pargiter being a man unfit of body for that service but being of estate and ability fit to contribute amongst others to pay the summe of five shillings towards the arraying and arming of others of able bodies and wanting ability to arme and array themselves And whereas wee have received information from the said Earle that the said William Pargiter hath not onely in a wilfull and disobedient manner refused to pay the said money assessed upon him towards so important a service to the disturbance and hinderance of the necessary defence of this Kingdome but also by his ill example hath mis-led many others and as wee have just cause to beleeve hath practised to 〈◊〉 others from that ready obedience which they owe and would otherwise have yeelded to his Majesties just command for the publick defence of his person and Kingdome which wee purpose with all convenient speed to enquire further of and examine These are therefore to will and require you to take into your custody the person of the said William Pargiter and him also safely to keepe prisoner till further order from this Board or untill by due course of Law hee shall be delivered And the like returne was then made in all things mutatis mutandis concerning the said Danvers for not paying a sum of money assessed upon him yet hee the said Sir John Brampston defered to baile the said Danvers and Pargiter but remitted the said Danvers to the Fleet where he remained till the twefth of July 1640. and the said Pargiter to the pison of the Gate-house where he remained till the ninth of November last although the said Jennings Danvers and Pargiter upon all and every the said returnes ought to have been discharged or bailed by Law and the Councell of the said Jennings Danvers and Pargiter offered in Court very sufficient baile And he the said Sir John Brampston being chief Justice of the Court of Kings Bench denyed to grant his Majesties writ of habeas Corpus to very many others his Majesties subjects 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 cause onely as was clearly baileable by Law yet he remanded them where they remained prisoners very long which said deferring to grant the said writs of habeas Corpus and refusall 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 John Brampston 4 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 tithes for rents of 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 for tithes for rents of houses in Norwich which was determinable by the Common Law onely yet hee the said Sir John Brampston being chiefe Justice of the said Court of Kings bench and sitting in the said court deferred to graunt a prohibition to the said Court christian in the said cause although the Councell did move in the said court severall times and severall Termes for a prohibition And hee the said Sir John Bramston deferred to graunt his Maiesties Writ of prohibition to severall other Courts on the motions of divers others his Majesties subjects where the same by the lawes of this Realme ought to have been graunted 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 anytime hereafter any other accusation or impeachment c. ut supra in the former charge Articles of the House of Commons in the name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Iustices of his Majesties Court of Common-pleas impeaching him as followeth 1. THat he about the Moneth of November Anno Dom. 1635. then being one of the Iustices of the Court of Common-pleas having taken an oath for the due administration of Iustice 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 parts as in case of Pyracie 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 Majestie is the onely Iudge 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 in or about the moneth of February An. Dom. 1636. then being one of the Iustices of the said Court of Common-pleas 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 think fit for the defence and safeguard of the Kingdome from such danger and peril and by Law compell the doing thereof in case of refusall or refractorinesse And whether in such case is not the King the sole Iudge both of the danger and when and how the same is to be prevented and avoyded 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 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 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 Majestie shall think 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 wee are also of opinion that in