Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Martis, videlicet, 24 die Maii.
Beauvois, Chaplain to the Earl of Dorset, Privilege.
Lady Hastings Petition referred.
Earls of Bedford and Portland.
Ordered, That the Cause of the Earls of Bedford and Portland shall be heard the First Day in Michaelmas Term next, in this House; and that all Witnesses formerly appointed shall attend at the same Time. In the mean (fn. 1) Time, the quiet Possession is to be continued, until it be evicted according to Law.
Justice Berkley's Trial.
This Day being appointed for the Trial of Justice Berkley, upon the Impeachment of High Treason, and other great Misdemeanors; it was moved, "That a Steward may be appointed, during the Time of this Trial."
Ld. Privy Seal to be Steward.
Message to the H. C. that the Lords are ready to proceed in the Trial.
That the Knights, Citizens, and Burgesses of the House of Commons, having, in their own Name, and in the Name of all the Commons of England, accused Mr. Justice Berkeley of High Treason, and other great Misdemeanors, and, in Maintenance of their said Charge, [ (fn. 2) having exhibited] certain Articles against him, to which he hath pleaded, Not guilty in Manner and Form as is alledged; he desired, in the Behalf of the House of Commons and of all the Commons of England, that the said Articles may (fn. 3) be read, and that the Witnesses may be heard, to prove the same.
The Charge against Justice Berkley opened.
|2. For his Opinions, Actions, and Judgement, they are contrary to his Oath, as||That he would serve the King and People in the Law.|
Sir Edward Cooke in Com.
The Second Article was a Rate set upon Corn, contrary to the Statute 25 H. VIII. and to set up an excessive (fn. 3) Rate upon Corn.
Observ. The First Time when this Corn was rated 3° Caroli, when a Commission was voted by the Parliament to be illegal, and brought in and canceled; after the Parliament broke, there was Excises devised, to bring in a Revenue to (fn. 3) the King, and so to keep off Parliaments.
16 Nov. 8 Car.
Baron Trevor said, "This Opinion was delivered long ago, upon a Reference to the Judges at Serjeants Inn: That some of the House of Commons desired him to tell them, whether Judge Berkley was of Opinion the prizing of Corn was within the Statute.
Justice Berkley's Answer.
He cannot [ (fn. 4) deny but], in regard of his Errors in the Shipping Business, he hath given the House of Commons great Cause to be offended with him, against which an Act of Parliament hath (fn. 5) passed, to which he submits: But as for Treason, though he stands accused by the Great House of Commons of High Treason, he thanks God he hath a Thousand Witnesses for him, his Conscience, that he is clear from it.
1. Parl. 15 E. III. Rot. Parl. Trial to be in Parliament; now all repealed in the Second Parliament of 15 E. III. 3 R. II. Rot. Parl. an Ambassador at Genoa. It was but declared here to be Treason; his Case was tried below.
18 E. III. Weyland's Case.
If a Judge be questioned for giving Judgement against the Law, if it appear it was wilfully, maliciously, with a wicked Intention, or for Bribes or Corruption, it is punishable in this Court; but, if it be done without any of these, he offers it to their Lordships Consideration and Judgement.
He said, he was made a Judge in Michaelmas Term, 8° Caroli: About the latter End of the Term, there came a Reference, not (fn. 6) in Writing, but a Proposition to the Judges, whether the rating of Corn was within the Statute of 25 H. VIII. Cap. 2. Though this Business was known to the other Judges, yet he did not (fn. 6) know of it, before he was called on a sudden. He was of Opinion at (fn. 6) that Time, That the rating of Corn was within that Statute, by reason of the Preface of that Statute; but took it to be general, for all Kind of Victuals; and, under that Reason, gave his Opinion, but with no wicked Intention."
He said, "That the Commission of Excise is against the Law and Liberty of the Subject; and he knew that the Commission of Excise (fn. 7) was canceled by the Parliament, as being against Law."
Mr. Nicholas's Reply.
1. That Mr. Justice Berkley hath confessed he gave his Opinion concerning Corn, but it was an Error of his Judgement; but that there can be any such Construction made as he would make, the Statute cannot bear it; for Corn is an especial Victual.
Mr. Pierpoint's Reply.
Mr. Pierpoint replied, "That, concerning Justice Berkley's pleading to the Jurisdiction of this Court, he hath already submitted to this Course by his Plea; and this Course hath been adjudged in Benyon's Case.
Justice Berkley desires Warrants for his Witnesses.
Further Proceeding in his Cause.
It is Ordered, That this Day Three Weeks this Trial shall be further proceeded in; and that he shall have a Warrant for to bring his Witnesses, which are concerning Misdemeanors; and that he shall have Liberty to go abroad, with such a Person as the Sheriff will answer for.
Message from the H. C. for a Conference about the Adjournment of the next Term. For the Lords to sit To-morrow.
1. To desire a Conference, concerning the (fn. 8) Adjournment of the next Term.
2. To let their Lordships (fn. 9) know, that the House of Commons have appointed their House to sit To-morrow, after the Sermon; and they desire their Lordships would sit likewise.
And for Men to be raised for Ireland. 1000 l. to be paid to Captain Armstrong.
3. To present to their Lordships an Ordinance of Parliament, made by the House of Commons, for raising Men for Ireland; and an Order, wherein they desire their Lordships Concurrence, for Payment of One Thousand Pounds to Captain Armestronge; and another Ordinance, to raise One Thousand Men for the Sea Adventurers for Ireland.
Answer to the H. C.
That this House will give a present Conference: As for sitting To-morrow after the Sermon, and the Order for paying the Thousand Pounds, this House agrees with the House of Commons therein: As for the Two Ordinances, this House will send them an Answer, by Messengers of their own.
Lord Pagett mustering the Trained Bands of Bucks.
A Letter was read, from the Lord Pagett, directed to the Earl of Holland; shewing, "That he hath begun the Musters of the Trained Bands in Bucks; and the Country are very forward and willing to obey the Parliament.
Message from the H. C. with an Ordinance to be sent to the Committee at York.
Commissioners to be sent to Lincolnshire and Hull.
And for a Conference, about the Safety of the Kingdom.
3. To desire that, at the Conference this Afternoon, they (fn. 10) desire that the Conference may be enlarged, to deliver something concerning the Safety of the Kingdom.
The Ordinance passed.
Hull Committees appointed.
4. That Sir W. Strickland,
Sir W. Armyn,
Mr. Jo. Hotham,
Mr. Hen. Darley,
Mr. Peregrin Pelham,
Or any Two of them,
Lincolnshire Committees appointed.
6. Sir Edward Aiscough,
Sir Jo. Wray,
Sir Anth. Irby,
Sir Christoper Wray,
Sir W. Armyn,
Answer to the H. C.
That this House agrees to the Ordinance, and approves of the sending the Commissioners to Hull and Lyncolnshire; and that their Lordships will hear (fn. 11) what they shall offer concerning the Safety of the Kingdom.
Tenants of Sutton Marsh.
Ordered, That the Thousand Acres claimed by the Tenants in Sutton Marsh shall be enjoyed by the Tenants de bene esse, without Prejudice to the Title of either Side, until the Cause shall be evicted by a due Course of Law.
Busby and Smith in Error.
Babb and Trelawny in Error.
Order to the Committees at York, to publish Votes and Orders of Parliament.
It is Ordered, by the Lords and Commons in Parliament, That the Committee of both Houses now resident at Yorke shall, for the better Direction of the Sheriffs of the County of Yorke, and the Lord Mayor and Sheriffs of the City and County of the City of Yorke, deliver to them all Orders, Votes, and Declarations, of both Houses; which are to be put in Execution by them, or any of them, or by any Officer or Minister subordinate to them, or either of them; all which are, by the said Sheriff and by the Lord Mayor and Sheriffs of Yorke respectively, to be communicated to the Head Constables and Petty Constables, and others whom it may concern; and the Committees are likewise required to send to the High Constables, and other inferior Officers, as there shall be Cause, and to enquire whether they have received and executed the said Orders; and are hereby authorized and enabled themselves to deliver the said Orders, Votes, or other Declarations or Directions, to the High Constables, or any other His Majesty's Subjects, for their better Direction in obeying the same: It is further Ordered, by both Houses, That the Committees abovementioned shall require the Sheriff of the County of Yorke, and the Lord Mayor and Sheriff of the City and County of the City of Yorke, that they do publish in all Market Towns, and do give Notice to all Head Constables, and require them that they likewise communicate the same to all Petty Constables, That the Trained Bands ought not to rise, or to be called together, by any Personal Command of His Majesty; but that such Commands, as the Affairs now stand, are against Law, tending to the great Disturbance and Danger of the Kingdom; and that no Man can by Law be punished for not obeying such illegal Commands; but that such as, under Colour of obeying the same, shall assemble together in Arms are liable to be punished for it: And this Order the said Committee is required to publish to all His Majesty's loving Subjects, and to give out Copies thereof, as likewise of the former Votes, as they shall see Cause.
Order for 1000 l. to be paid to Captain Armstrong and 27 Officers.
Ordered, by the Lords and Commons assembled in Parliament, That the Twenty-seven Officers and Captain Armstrong shall be forthwith paid One Thousand Pounds, being the Arrears of their Personal Entertainment of the Monies that came in upon the Act of Contribution; and that the said Monies shall be re-paid to the Treasurers appointed by that Act, out of the Monies that shall come in upon the Bill of Four Hundred Thousand Pounds; and that the Treasurers appointed by the said Act of Contribution are hereby required to pay the said Monies to Sir William Udall, Treasurer at War in the late Northern Expedition, to be paid to the said Officers as aforesaid.