Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	king_n	say_a	sovereign_a	23,708	5	10.0425	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

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

1635. did subscribe an extrajudiciall opinion in answer to questions in a letter from his Majestie which letter questions and answer follow 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 be 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 wee are of opinion that when the good and safety 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 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 Majesty 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 Thomus Trevor George Vernon Robert Berkley Francis Crawley 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 right 3 That he the said Sir John Brampston then Lord chief Justice of the Court of Kings Bench about Trinity Terme 1637. refused to baile or discharge Alexander Jennings prisoner in the Fleet brought by Habeas Corpus to the barre before him the returne of this Commitment being two severall warrants from the Lords of the Councell dated the fifth of November 1635. the first expressing no cause the other for not paying messengers fees and untill he should bring certificate that he had paid his Assessement for ship-money in the County of Bucks And the said Sir John Brampston the first warrant being onely read then said The cause of this Commitment did not appeare and it was not fit for every Goaler to be made acquainted by the Lords of the Councell why they committed and therfore remitted him and in Michaelmas Terme after the said Jennings being brought by another Habeas Corpus as aforesaid and the same returned yet hee the said Sir John Brampston refused to discharge or baile him but remitted him And in Easter Terme next after severall rules for his Majesties Councell to shew cause why he the said Jennings should not be bailed a fourth rule was made for the said Jennings to let his Majesties Attorney have notice which notice was given accordingly yet he remitted him And the said Jennings by another Habeas Corpus brought to the Barre as aforesaid in Trinity Terme after and the same returne with the addition of a new Commitment of the fourth of May 1638. suggested that he the said Jennings had used divers scandalous words in derogation and disparagement of his Majesties government after severall rules in the end of the said Trinity Terme hee againe remitted him to prison And he the said Sir John Brampston about the ninth of July after at his chamber in Serjeants Inne being desired by Master Meautis one of the Clerkes of the Councell-board to discharge the said Jennings for that he the said Jennings had entred into a Bond of 1000. pounds to appeare before the Lords of the Councell the next Michelmas Terme after and to attend de die in diem yet hee the said Sir John Brampston refused to discharge the said Jennings untill hee entered into Recognizance to appeare the next Terme and in the meane time to bee of his good behaviour And the said Jennings was continued on his said Recognizance till Easter Terme after And the said Sir Iohn Brampston did on the 5. of June 1640. deferre to grant his Majesties writ of habeas Corpus for Samuel Danvers and William Pargiter Esquires prisoners in the Gate-house and in the Fleet and when hee had granted the said writ the said eighth of Iune after the returne being the order of the Councell Table not expressing any cause hee the said Sir Iohn Brampston deferred to baile the said Pargiter And the eighteenth of Iune after made a rule for a new returne to bee received which was returned the five and twentieth of the said Iune in haec verba Whereas his Majesty finding that his Subjects of Scotland have in rebellious and hostile manner assembled themselves together and intend not onely to shake off their obedience unto his Majesty but also as enemies to invade and infest this his Kingdome of England to the danger of his royall person c. For prevention whereof his Majesty hath by the advice of his Councell-board given speciall commandement to all the Lord Lievtenants of all the Counties of his Realme with expedition to array and arme a certaine number of able men in each County to be prepared and ready to be conducted to such place as should be appointed for their Randezvouz in their severall and respective Counties there to be conducted and drawne together into a body for this service And whereas his Majesty according to the Lawes and Statutes of this Realme and the constant custome of his Predecessours Kings and Queenes of this Realme hath power for the defence of this Kingdome and resisting the force of the enemies thereof to grant forth Commissions under his great Seale to such fit persons as he shall make choice of to array and arme the subjects of this Kingdome and to compell those who are of able bodies and of able estates to arme themselves and such as should not be of able 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

was commanded to the Sheriffe of the County of York 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 he should distraine James 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 31. 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 said J. Maleverer did appeare and pleaded to the said Writs that although his said Majesty the said 31. day of January and for three yeeres next before the said 31. day of January was resident and remaining at his Pallace at White-hall in the County of Middlesex and that the said James Maleverer 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 York which is distant from the said Palace of White-hall the space of one hundred and fourescore 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 Peoffees to his use out of the said County of York and that that part of the said County of York which is neerest to the said Palace of White-hall is distant from the said Palace of White-hall the space of one hundred and thirty miles and that no Proclamation by vertue of any Writ of 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 yeare of his Majesties Reigne by reason whereof the said James Maleverer could not personally come to the presence of his said Majestie to take the said Order of Knighthood before the said one and thirtieth day of January in the said first yeare of his Majesties said Reigne yet the said James Maleverer for his fine in the premisses did humbly submit himselfe to the said Court and demanded to bee 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 Processe and discharge of the issues the said Sir Humphrey Davenport being then Lord chiefe Baron of the said Court of Exchequer contrary to his oath and contrary to the Laws of this Realme and to the great impoverishing of the 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 Maleverer and told him that the said Court had no power to Fine him and that hee must compound with certain Commissioners for that purpose appointed And did farther order and direct severall other Writs of Distringas to issue forth of his Majesties said Court of Exchequer under the Seale of the said Court directed to the severall high Sheriffes of the said County of York whereby the said Sheriffes were commanded further to distraine the said Iames Maleverer to appeare as aforesaid upon which said Writs of Distringas severall great and excessive issues were returned upon the Lands of the said Iames Maleverer amounting to the summe of two thousand pounds or there abouts a great part whereof the said Iames Maleverer was enforced 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 severall other persons his Majesties Subjects in severall parts of this Realme 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 tryall was afterwards had viz. in August in the seventh yeer 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 M. Smart which was then pretended to be voyd by the said sentence of Degradation the said Sir Humphrey Davenport contrary to his oath and contrary to the Lawes of this Realme 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 voyd and gave direction to the Jury then at Barre to finde 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 though the said Master Smart was not dead yet if he had had his desert he had been dead long agoe for hee 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 plaine Smart And when the said Jurie had found against the said Master Smart the said Sir Humphrey Davenport in scandall of his Majesties Government and Justice and of the proceedings of his Majesties Iudges did publickly as aforesaid speak words to this effect That the said Iurie had well done and that the said Smart had do remedy save by appeale to the King and there hee should finde but cold comfort for the King would not goe against his own Prerogative upon which the Iudges 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 chiefe Barron 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 Statures of this Realm subscribed his name to an opinion in haec verba I am of opinion that as where the benefit doth more particulary redound to the good of the Ports or Maritime parts as in Case of Pyracie 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 kingdome in generall is concerned and the whole kingdome in danger of 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 That in or about the moneth of Februarie Anno Dom. 1636. the said Sir Humphrey Davenport then being Lord chiefe Baron of the said Court of Exchequer 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 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 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 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 bee prevented and avoyded John Brampston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crooke Thomas Trevor George Vernon Robert Berkley Francis Crawley Richard Weston That whereas an Action of Batterie was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded a Justification de son assault demesne and the said cause came to triall at the Assizes held for the Countie of Gloucester in Summer 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that Countie At the said triall the said Robert Hoblins did begin to make proofe of his said justification and produced one Robert Tilly a witnesse 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 Cowes of the said Hoblins pretending they had a warrant from the Sheriffe to distrein the same for forty shillings assessed upon the said Hoblins for Ship-money and when the said Hoblins being present endevoured to hinder the said Legge and others from taking away his said Cattell the said Legge stroke the said Hoblins with a staffe who afterward defended himselfe 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 behalfe though the said Hoblins desired that other of his said witnesses then present and sworne might be heard nor his Councell to speake 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 said 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 Lawes of this Realme publish declare and affirme that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury sworne in that cause to finde a Verdict for the said Richard Legge and the said Jury did accordingly and gave him twenty pound dammages 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 moneth of Aprill Decimo sexto Caroli the officers of the Custome-house having seized a Ship of one Samuel Warner's laden with Tobacco being the goods of the said Warner's 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 penaltie the said Sir Humphrey Davenport being then Lord chiefe 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 Lawes of this Realme deny the restitution of the said ship unlesse all the duties demanded by the Farmours of the Custome-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 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 revennue 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 hee 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 certaine dutie was set forth by the Information which

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