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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25924 Articles of accusation exhibited by the Commons House of Parliament now assembled against St. John Bramston, Knight, Sr. Robert Berkley, Knight justices of His Majesites 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. 1641 (1641) Wing A3833; ESTC R38534 30,976 35

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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 Cro●k● 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 impr●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 Yarmou●h by Iohn Ingram and Iohn Carter