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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
proceedings examinations trials and judgements 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 of all the Commons of England against Sir Thomas Trevor Knight one of the Barons of his Majesties court of Exchequer impeaching him as followeth 1. THat in or about November 4. Car. divers goods and merchandizes whereof Iohn Rolls George Moore and other Merchants of London were Proprietors being seised and conveyed into certaine Store-houses at the Custome-house by Sir Iohn Worstenham Abraham Dawes and others the Farmors and Officers of the Customes and by them there detained because the said Proprietors refused to pay the Subsidie of Tonnage and Poundage pretended to be due and demanded by the said Farmours and Officers on his Majesties behalfe for the said Merchandizes whereas no such subsidy or duty of Tonnage or Poandage was due or payable for the same no Subsidy of Tonnage and Poundage having beene granted by Parliament to his Majesty The said Iohn Rolls and other the Proprietors of the said goods having by reason of such unlawfull seisure and detainer as aforesaid sued forth one or more writ or writs of Replevin directed to the Sheriffes of London being the proper remedy provided by the Law to regaine the possession of goods taken and with-held from the owners contrary to Law the said Sir Thomas Trevor Knight then and yet one of the Barons of his Majesties said Court of Exchequer together with the rest of the then Barons of the said Court upon information to them given that the said Proprietors or some of them had sued forth and did prosecute such writ or writs of Replevin for the delivery of the said goods did order an Injunction under Seale of the said Court to issue forth directed to the Sheriffes of London commanding them thereby not to execute the said writ or writs of Replevin or any like writ thereafter to be sued forth by any person or persons for the delivery of any goods in the like nature detained And did declare and order publiquely in the said Court of Exchequer that the said goods by Law were not Replevisable alleaging for cause that the said goods were in the Kings owne possession whereas the same did not judicially appeare to them and they did well know that the said goods were at that time in the possession of the Farmours and Lessees of the said Customes and no lawfull cause to them appearing or suggested of the taking and detaining of the said goods which Injunction and Declaration so granted and made were and are against the Lawes of the Realme and in subversion of the common right and remedy of the Subject for regaining the possession of his goods being taken and with-holden from him without lawfull cause That the Sheriffes of London for the time being served with the said Injunction did forbeare to execute the said writ or writs of Replevin By meanes whereof the said good continued so detained as aforesaid contrary to Law from the said moneth of November untill the moneth of June next following That the said Thomas Trevor and other the Barons aforesaid knowing the said goods to be unlawfully seized and detained for the pretended duties and Subsidie of Tonnage and Poundage whereas no such were payble by Law did from time to time delay the respective Proprietors from having restitution of their said goods being often in Court moved therein with intention thereby to force the said Proprietors by wanting their goods and the use thereof to pay all such summes as the said Officers of the Customes pretended to be due to his Majesty That to the end aforesaid the said Sir Thomas Trevor and the said other Barons refused to accept of any security to be given by the said Proprietors upon restitution had of their goods for payment of all such duties as should to made appeare to be made payable to his Majesty in such manner as the said Barons should direct That the said Sir Thomas Trevor and other the Barons aforesaid knowing that the said summes demanded on his Majesties behalfe by the said officers of the Customes not to be due by Law did refuse to order restitution of any part of those goods so detained as aforesaid to the Proprietors thereof unlesse the said Proprietors would deposite all such summes of money as the said Officers respectively demanded of them for pretended duties to his Majesty and the said Proprietors refufing to deposite the said summes demanded the said Sir Thomas Trevor and other the Barons aforesaid did order the said Officers to detaine double the value of the summes by them demanded for pretended duties to his Majesty and to restore the residue The said Sir Thomas Trevor and other the said Barons then knowing that the pretended summes demanded by the said Officers were not by Law due or payable to his Majesty 2. That in or about January 4. Car. the said Officers having seised severall Merchandize of the goods of Richard Chambers Merchant upon the pretences aforesaid did detaine the same and the said Chambers prosecuting by plaint to have his said goods replevied tho said Sir Thomas Trevor together with the said other Barons did in like manner in the said Court of Exchequer declare the said Chambers his goods not to be replevisable and enjoyned the Sheriffes of London to proceed no further therein no cause to them appearing of such seisure or detainer And the said Sir Thomas Trevor and other the Barons of the said Court refused to order the delivery of the said Chambers his goods upon good security offered by him to pay all such summes as should be made appeare to be due and for which the said goods were pretended to be detained and the said Barons being often moved in Court therein did refuse to order restitution of any part of the said Chambers goods untill the 23. of November 5. Carol and then ordered that the said Officers should detaine in their hands double the value of the summes by them demanded and restitution of the residue to be made to the said Chambers no cause of detaining any part of the said goods to them in any wise appearing 3. That whereas in the moneth of October in the fourth yeere of his said Majesties reigne the Farmers and Officers of the Custome-house having seised great quantities of Currants being the goods of Samuel Vassall merchant and having conveyed them into certaine store houses at the Custome house and detained them because the said Samuel Vassall refased to pay an imposition of five shillings six pence upon every hundred weight of the said currants pretended to be due and demanded by the said Farmours and Officers on his Majesties behalfe for the said currants whereas no such imposition was due or payable for the same but the said imposition was and is against the Lawes of this Realme And whereas also in Michaelmas Terme in the said fourth yeere of his Majesties raigne his
ARTICLES OF ACCUSATION EXHIBITED By the Commons House of Parliament now assembled AGAINST Sr. John Bramston Knight Justices of his Majesties Bench. 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 Barons of his Majesties Exchequer Sr. Richard Weston Knight and Barons of his Majesties Exchequer Sr. Thomas Trevor Knight Barons of his Majesties Exchequer 2 CHRON. 19.6 7. Jehosaphat said to the Judges Take heed what ye doe for ye judge not for man but for the Lord wherefore let the feare of the Lord be upon you for there is no iniquity with the Lord our God nor taking of gifts Printed in the yeare 1641. Articles of the House of Commons in the name of themselves and all the Commons of England against Sir Richard Weston Knight one of the Barons of his Majesties Court of Exchequer impraching him as followeth 1. THat the said Sir Richard Weston about the moneth of November Anno Domini 1635. then being one of the Barons 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 Statutes of this Realme subscribed his name to an opinion in haec verba I am of opinion c. ut suprà in Sir Robert Berkley's Charge 2. That in or about the moneth of February Anno Domini 1636 the said Sir Richard Weston being then one of the Barons of the said Court of Exchequer subscribed an extraiudiciall opinion in answer to questions in a Letter from his Maiesty in haec verba Charles R. When the good and safety of the Kingdome in generall is concerned c utsuprà 3 That the said Sir Richard Weston being then one of the Barons of his Maiesties Court of Exchequer did deliver his opinion and iudgement in the Exchequer chamber against Iohn Hampden Esquire in the Case of shipmoney That he the said Iohn Hampden c. as in Judge Crawley's Charg 4. That where as in the moneth of April 16. Carol the Officers of the Custome-house having seised a ship of one Samuel Warner's laden with Tabacco being the goods of the said Warner 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 penalty the said Sir Richard Weston being then one of the Barons 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 Farmers of the Custome-house were first paid Hereupon the said Warner brought an action of Trover upon the case in the Office of Pleas in the Exchequer against the said Officers that seised 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 revenue and payable to him and that the said ship was seised for non-payment of the aforesaid duties Notwithstanding the said Warner the proprietor prosecuted the Officers upon a Suit at Law and prayes that he may answer the said information before any further proceedings be had at Law Thereupon the said Sir Richard Weston together with the rest of the then Barons of the said Court of Exchequer ordered that the proprietor moving for delivery of his 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 duty was set forth by the Information Which demurrer yet remaines not over-ruled but the said Sir Richard Weston with the said other Barons without over-ruling the demurrer ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the action of Trover The proprietor being thus prevented of his remedy by action at Law sued forth a Replevin and upon pretence of viewing the said goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmors to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon oath made of the manner of the taking as aforesaid before the Barons and upon view of the president inrolls his case the said Sir Richard Weston with the said other Barons adiudged that the said goods were not replevisable and granted an Iniunction to maintaine the possession of them as they were before And the said house of Commons by Protestation saving to themselves onely the liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Richard Weston and also of replying to the answer that he the said Sir Richard Weston shall make unto the said Articles or any of them or of offering proofe of the premises or any of their 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 Richard Weston one of the Barons of his Maiesties Court of Exchequer may be put to answer c. The Articles of impeachment of Sir Robert Berkley Knight one of the Iustices of the Court of the Kings Bench by the Commons in this present Parliament assembled in their own 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 1. 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 in stead thereof to introduce an Arbitrary and Tyrannicall government against Law which he hath declared by traiterous and wicked words opinions judgements practices and actions appearing in the severall Articles ensuing 2. Whereas by the Statute made in the five and twentieth yeare of the reigne of the late King Henry the eight 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 victualls thereby intended Neverthelesse some ill affected persons endevouring to bring a charge upon the subjects contrary to Law did surmise that the prices of Corn might be rated and set according to the direction of that Statute and thereupon great gaine might be raised to his Majesty by licenses and dispensations for selling Corne at other prices And a