"The lords having taken the said Charges into their due consideration, do find the said The next day, the gentleman usher gave the sir Richard Gurney, lord mayor of the city of Lords this account, "That, according to their London, guilty of causing the said proclama- Order, he had taken out of sir Richard Gurney's tion for putting the Commission of Array in study four swords, belonging to the city, one execution, to be published, tending to the dis- cap of maintenance, one embroidered crimson turbance of the peace of this kingdom, and of cap, one collar of SS's with a great jewel and not suppressing the said riots and misdemean- a pendant pearl, and one great mace, belongours, and of not calling a common-council, asing to the city; all which particulars he had he was by order of parliament required. delivered to the ford mayor elect, and had his receipt for them."

London.

166. Articles of Impeachment against Sir THOMAS GARDINER,* Recorder of the City of London, for High Crimes and Misdemeanors: 18 CHARLES I. A. D. 1642, [4 Rushw. Coll. 780.] the said city, and others at several times since, ARTICLES OF IMPEACHMENT against Sir THO-to impose, levy, and take of the said citizens MAS GARDINER, Recorder of the city of and inhabitauts, without their consent in parliament, the illegal tax of Ship-Money. Aud I. THAT the said sir Thomas Gardiner being being told by some of the said common-counnow, and for six years last past having been cil, that the tax of Ship-Money was against Recorder of the city of London, and having ta-law: he the said sir Thomas Gardiner replied, ken an oath for his faithful discharge of his said There would be law found for it ere long. office, and to maintain the franchises and customs of the said city, and not to discover the counsel thereof to the hurt of the same, did in the year of our Lord God 1638, contrary to the Jaws of this kingdom, and contrary to his oath, wickedly advise, direct, and earnestly press sir Maurice Abbot, knight, then Lord Mayor of London, the aldermen and common-council of

* He was one of the counsel for the earl of Strafford. Vide ante. Whitelock's Mem. 43. He was one of the King's Commissioners for the Treaty at Uxbridge. See Whitelock's Mem. p. 120. Is son was an active officer in king Charles's Army.

II. That the said sir Thomas Gardiner, in the said year 1638, did wickedly advise and persuade the said Lord Mayor, aldermen and common-council of London, that they might, at their own will and pleasure, by force and power of the acts of that court, tax and levy on the said citizens and inhabitants, without their consent in parliament, a certain sum of money by way of loan, to furnish his majesty for his wars; affirming, that such acts would bind and compel the citizens to pay the same. And also in the said year 1638, contrary to his oath, and against the said laws of the land, did wickedly advise and direct the then Lord Mayor, aldermen, and common-council, to raise and levy an army of 3,000 men of the Trained Bands of the said city, to serve his majesty in his wars in the north, against his majesty's subjects of Scotland. And therein he affirmed, That every subject was bound by his allegiance to serve the king; and that neither the statute-law nor their charters could excuse them: Saying also at the same time, It is now no time to plead statutes and charters.

"From the time the calling a parliament [the Long Parliament] was resolved upon, the king designed sir Thomas Gardiner, who was Recorder of London, to be Speaker in the house of commons; a man of gravity and quickness, that had somewhat of authority and gracefulness in his person and presence, and in all respects equal to the service. There was little doubt but that he would be chosen to serve in one of the four places for the city of London, which had very rarely rejected their Recorder upon that occasion; and lest that should fail, diligence was used in one or two other places that he might be elected. The opposition was so great, and the faction so strong, to hinder his being elected in the city, that four others were chosen for that service, without hardly mentioning his name: nor was there less industry used to prevent his being chosen in other places; Clerks were corrupted not to make out the writ for one place, and ways were found out to hinder the writ from being executed in another, time enough for the return before the meeting: so great a fear there was, that a man of entire affections to the king, and of prudence enough to manage those affections, and to regulate the contrary, should be put into the Chair. So that the very morning the parliament was to meet, and when the king intended to go thither, he was inform- IV. That a Petition directed to his majesty, ed that sir Thomas Gardiner was not returned being prepared in the said year, 1638, by the to serve as a member in the house of commons, said then Lord Mayor, aldermen and comand so was not capable of being chosen to be mon-council, setting forth the laws and statutes Speaker; so that his majesty deferred his going of this kingdom, and the charters of the said to the house till the afternoon, by which time city, to exempt the said citizens and inhabithe was to think of another Speaker." Claren-ants of London, from certain illegal taxes and services, whereby his majesty might be pleased

dun.

80

III. That about the month of February, 1639, he the said sir Thomas Gardiner, contrary to his oath, and to the laws of the land, did earnestly persuade and press sir Henry Garraway, knight, then Lord Mayor, the aldermen and common-council of London, to impress, clothe, and conduct 200 men of the said citizens and inhabitants, to serve the king in his wars in the north, against his majesty's subjects of Scotland: And although the same was refused to be done by the said court of common-council, as a thing against law; yet by the persuasion of the said sir Thomas Gardiner, the same was then performed by the then Lord Mayor, and the money paid for the same out of the chamber of London, without any consent or approbation of the said court of common-council, contrary to the liberties and customs of the said city, and in subversion of them.

not to continue such his demand of men and money from them, He the said sir Thomas Gardiner, contrary to his oath, and duty of his place, did reveal and disclose to his majesty their counsel and intention of delivery of that Petition, and then told the persons appointed to deliver the same Petition, that his majesty would receive no Petition from them.

and declared his opinion, that the persons of the committee formerly chosen for the safety of the said city, were the fittest men to take that service upon them. Whereunto the lord mayor and sheriffs desiring to be excused, the persons of the said committee were chosen by a clear vote, and their names sent to the house of commons, and by them and the house of peers alV. That the said sir Thomas Gardiner, to lowed and approved of: Yet afterwards he the the end to preserve himself from being ques- said sir Thomas Gardiner endeavouring aud tioned for the same crimes, laboured to hinder plotting to hinder the proceedings in parliament, the calling of parliaments; and therefore in the peace and safety of this kingdom, did most the month of May, in the year 1640, presently maliciously and wickedly advise, and direct the after the dissolving of the parliament, he the making and framing of two false and seditious said sir Thomas Gardiner, advised and per- Petitions; and he the said sir Thomas Gardiner, suaded the then Lord Mayor, aldermen and upon perusal of them, affirmed the matters concommon-council of London, to lend the king tained in them to be agreeable to law, and to 100,000l. for his wars against his majesty's the custom of the said city, thereby encouragsubjects of Scotland. And albeit they told ing divers of the said city to subscribe the same, him, it was not safe for them to do it, when and to send the one of them to be presented to the parliament and the kingdom had refused his majesty, and the other unto the lords and it, yet he earnestly persuaded them thereunto; commons in parliament; which Petitions do and in or about July in the said year 1640, contain in them divers false, scandalous, and when many thousands of the said citizens of seditious matters; and in particular, that PeLondon joined in a Petition to be delivered tition annexed hereunto, a copy whereof was unto his majesty to call a parliament, for set- afterwards subscribed by divers citizens, and tling the distractions of this kingdom, and for presented to the house of commons, containthe peace and welfare thereof, and of his ma-ing false matter, that the ordering of the arms jesty's kingdom of Scotland; he the said sir Thomas Gardiner did earnestly dissuade them from it, saying, it was dangerous and needless, and the Petition would come unseasonably to interrupt the king's affairs.

VI. That in December last, when a Petition was prepared and subscribed by many thousands of the said citizens to be presented to the house of commons, to assure them of their good affection to the king and parliament, and not to divert the parliament in their just ways; he the said sir Thomas Gardiner, caused some of the Petitioners to be sent for before the lord mayor and himself, and questioned them as rioters and disturbers of the peace, saying, that the putting their hands to a Petition was the way to put all together by the ears. And being then answered by some of the said Petitioners, that they sought nothing but peace; he replied in these or the like words, Is this your way to peace? no, it tends to sedition and blood, and to cutting of throats; and if it come to that, you may thank yourselves, your bloods be upon your own heads. And he used other theatening speeches to discourage and terrify the petitioners from further proceeding in their said Petition, which Petition was afterwards presented to the lords and commons in parliament, and well approved by them, and doth not contain any dangerous matter, as was liciously by him pretended, as may appear by a Copy of the Petition hereunto annexed.

of the said city of London had been, time out of mind, annexed to the mayoralty for the time being; and insinuating, that if the same should be conferred upon others, it would reflect upon the government and custom of the said city, which every freeman of the said city was by his oath of freedom bound to maintain to the uttermost of his power; which Petitions were so contrived, framed and published, on purpose to divert his majesty from assenting to the said ordinance, and to work a distraction in the said city, and to bring the parliament, city and whole kingdom into disorder and confusion. All which matters committed and done by the said sir Thomas Gardiner, were and are high crimes and misdemeanors, contrary to the laws of this realm, and in subversion of them, and contrary to the rights and privileges of parliament, the liberty and property of the subject, tending to sedition, and to the distur bance of the public peace of this realm.

And the said Commons by protestation saving to themselves, the liberty of exhibiting at any timne hereafter any other Accusation or Impeachment against the said sir T. Gardiner, and also of replying to the Answers that the said sir T. Gardiner shall make unto the said Articles, or to any of them, and of offering further proof of the premisses, or any of them, or of any other imma-peachment or accusation that shall be exhibited by them, as the cause shall, according to the course of parliament, require, do pray that the said sir Thomas Gardiner may be put to answer all and every the premisses, and that such proceedings, trials, judgments and executions may be upon every of them had and used, as is agreeable to law and justice.

VII. That in January last at a court of common-council in London, an order of the house of commons was sent and delivered to the lord mayor, aldermen and common-council of the said city, appointing them to make choice of meet persons to have the ordering of the militia; whereat the said sir Thomas Gardiner was present, and took notice of the said order,

Nothing further relating to this Impeachment has been found.

167. Impeachment of HENRY HASTINGS, esq. (second Son to the Earl of Huntingdon) Sir RICHARD HALFORD, Sir JOHN BALE, and JOHN PATE, esq. for High Crimes and Misdemeanors : 18 CHARLES I. A. D. 1642. [Lords' Journals. 2 Cobb. Parl. Hist. 1407.]

July 8, 1642.

Halford, sir John Bale, and John Pate, togeTHE Commons, at a Conference, delivered to ther with the said other persons so assembled, the Lords an Impeachment against Henry being armed with swords and pikes, and with Hastings, esq. second son to the earl of Hun- pistols, muskets, and calivers, ready charged tingdon, sir Richard Halford, sir John Bale, with powder and bullets, and other habiliments and John Pate, esq. for High Crimes and Mis of war, marched along in a warlike manner, demeanors; in which Impeachment the Com- with drums beating and colours flying, and mons desired the Lords to use all expedition. their matches lighted, to the great terror and afA Copy of which Articles were as follows: frightment of his majesty's subjects, divers miles within the said county of Leicester, to the town "The IMPEACHMENT of Henry Hastings, esq., of Leicester, and so through the said town, (second son of the Earl of Huntingdon), sir with great noise and shouting, to a certain Richard Halford, kt. and bart., sir John place near to the said town, called Horse Faire Bale, kt., and John Pate, esq., by the Com-Leases, to the intent to keep themselves from mons assembled in Parliament, for High Crimes and Misdemeanors by them committed, as followeth :

"Whereas, by order and command of the Lords and Commons in parliament, for the safety and defence of the county of Leicester, the magazine of the said county was delivered into the hands of Henry earl of Stamford, who, in June, 1642, removed a great part thereof to his dwelling-house, called Broadgate, in the said county, for the more safety and security thereof:

"And whereas, in the said month of June, several Warrants issued out, by order of both houses of Parliament, the one directed to the gentleman usher of the house of peers, his deputy or deputies, the other to the serjeant at arms attending on this house, his deputy or deputies, for the apprehending of the said Henry Hastings, sir Richard Halford, sir John Bale, and John Pate, for High Crimes and Misdemeanors by them committed against the said houses of parliament, to answer the same before the said houses:

being arrested by the said officers of both houses of parliament, and, in case they should be so arrested, then to rescue themselves by force, and to the intent likewise to take away the said magazine by force and arms, and to kill and destroy the said earl of Stamford; he the said Henry Hastings, and some other of his said complices, giving out that they would fetch away the said magazine with a vengeance, and that they would have the said earl's life before they left, and would fire his house, and have his heart's blood out, with divers other such like desperate speeches; And the said Henry Hastings, sir Richard Halford, sir John Bale, and John Pate, with the rest of their said confederates, being so assembled at the said Horse Faire Leases, John Chambers and James Stamford, being authorized thereunto by deputations under the hands of the officers aforesaid, together with Archdale Palmer, esq., then high sheriff of the said county of Leicester, and divers other persons in their aid and assistance, repaired to the said place, to execute the said warrants from both houses of parliament; and "He, the said Henry Hastings, sir Richard the said Henry Hastings, well knowing thereof, Halford, sir John Bale, and John Pate, well did then tell the said Chambers, that he knew knowing the premises; and the said sir Richard he had warrants from the parliament as well for Halford, sir John Bale, and John Pate, being others as for himself; whereupon the said then and yet justices of the peace of the said Chambers produced the said warrants, and read county; in or about the 22nd day of the said the same openly, in the hearing of the said month of June, wickedly and maliciously, with- Henry Hastings, sir Richard Halford, sir John out warrant of law, did raise and draw out of Bale, and John Pate, to yield o edience to the the several counties of Derby, Lincoln, and said warrants, which they refused to do; but, Leicester, forces of horse and foot, to the num- instead thereof, they and other their said adheber of 300 persons, or thereabouts, some of rents did violently assault the said high sheriff, them being colliers, and other mean and despe- Chambers, and Stamford, and rode upon them rate persons, and divers of them Papists, and with their horses; and one of the said confedethem unlawfully assembled at Loughborough, rates, named Mr. Walter Hastings, with his in the said county of Leicester; where the said pistol charged, gave fire upon the said ChamHenry Hastings, the day aforesaid, made pro-bers; and some others of them drew out their clamation, That, if any persons affected to that service wanted arms, and would repair to the town's end, they should be furnished therewith; and they, the said Henry Hastings, sir Richard

pistols, and presented their muskets, upon the said high sheriff and Chambers, using other force and violence upon them, to the great danger of their lives; and so the said Henry

Hastings, sir Richard Halford, sir John Bale, | Bale, and John Pate, or any of them, and of and John Pate, by force and armis, and in a warlike manner, at the time and place aforesaid rescued themselves from the said officers and high sheriff, in contempt of justice, and to the high affront and scorn of the parliament, and afterwards marched back again in warlike manuer into the said town of Leicester: All which doings of the said Henry Hastings, sir Richard Halford, sir John Bale, and John Pate, were | and are contrary to the laws of this realm, the rights and privileges of parliament, tending to sedition, and to the danger of effusion of much

blood:

replying to the Answers which they, or any of them, shall make, or of offering any proofs of the premises, or any of them, or of any other Accusation or Impeachment against them, or any of them, as the case, according to the course of justice, shall require; do pray, that he the said Henry Hastings, sir Richard Halford, sir John Bale, and John Pate, and every of them, may be forthwith put to answer the premises, in presence of the Commons; and that such proceedings, examinations, trials, and judgments, may be upon them, and every of them, had and used, as shall be agreeable to law and justice."

"Wherefore the said Commons do, in the name of themselves and of all the Commons of England, impeach the said Henry Hastings, sir Ordered, That the aforesaid Gentlemen should Richard Halford, sir John Bale, and John Pate, appear before the House, at a time prefixed, to of the said several high crimes and misdemea-hear the Impeachment read, and to put in their Answers to it.

nors.

"And the said Commons, by Protestation, saving to themselves now, and at all times hereafter, the liberty of exhibiting of any other Accusation or Impeachment against the said Henry Hastings, sir Richard Halford, sir John

It has not been found, that the parties impeached put in any Answer to these Charges, or appeared before the House respecting them; or that any farther proceedings were had in the matter.

168. Impeachment of JAMES Lord STRANGE, for High Treason: 18 CHARLES I. A. D. 1642. [4 Rushworth, 680. 2 Cobb. Parl. Hist. 1466.]

THE Lord Strange, son to the earl of Derby, and government of this kingdom of England was made by the king Lord-Lieutenant of Lan- and the rights and liberties, and very being of cashire and Cheshire, and vigorously endea- parliaments: and to set sedition between the voured to put the Commission of Array in exe-king and his people, did upon the 15th day of cution, but met with great opposition from sir Thomas Stanly, Mr. Holland, Mr. Holcraft, Mr. Egerton, and Mr. Booth: as also by Mr. Ashton and Mr. Moor, both members of the house of commons. On the 15th of July 1642, the said lord Strange made an attempt to gain Manchester, but was repulsed; yet one man by name Richard Parcival, was slain by my lord's forces (which some say was the first blood drawn in those unhappy wars.) Upon which on the 14th of September 1642 the House of Commons caused the said lord Strange to be impeached, as followeth :

July, in this present year of our Lord God, 1642, at Manchester in the county of Lancaster, and at several other times and places, actually, maliciously, rebelliously and traiterously, summon and call together great numbers of his majesty's subjects; and incite, persuade, and encourage them to take up arins, and levy war against the king, parliament, and kingdom; That the said James, lord Strange, in further prosecution of his foresaid wicked, traiterous, and malicious purposes, did upon the said 15th day of July, at Manchester aforesaid, and at several other times and places, actually, maliciously, rebelliously and traiterously, raise great The Impeachment of JAMES, Lord STRANGE, forces of men and horse, and levied war against and son and heir apparent of William Earl the king, parliament and kingdom. And in of Derby, by the Commons assembled in further prosecution of the aforesaid wicked, Parliament, in the name of themselves and traiterous and malicious purposes, the said all the Commons of England, of High-James, lord Strange, and divers other persons Treason.

"That the said James, lord Strange, to the intent and purpose to subvert the fundamental laws

whom he had drawn into his party and faction, did also, upon the said 15th day of July, at Manchester aforesaid, maliciously and traiterously, with force and arms, and in an hostile May (B. 2, c. 6,) says, "This Lord was not and warlike manner, kill, murder and destroy at all fortunate in service against the Parliament, Richard Parcival of Kirkman-Shalme in the who not long after returned again with a great said county of Lancaster, linen-webster; and force, consisting of 3,000 men, to the town of did then, and at divers other times and places, Manchester, where after he had sharply besieg-in like hostile manner as aforesaid shoot, stab, ed it for the space of two whole weeks, he was at last quite beaten with the loss of many of

his men."

hurt and wound divers others of his majesty's good subjects, contrary to the laws and peace of this kingdom of England, and contrary to his