163] STATE TRIALS, 18 CHARLES I. 1642.-Proceedings against Sir Rd. Gurney, [164 shall take care to keep him in safe custody, as he will answer it at his peril." July 13. service, and the good and safety of the kingdom; he the said sir Richard Gurney, being ill-affected to the state, and the proceedings of parliament, did, in a most obstinate and malicious manner, withstand, refuse or gainsay the same, contrary to the order of both houses of parliament, giving many insolent speeches against the authority thereof, with an intent and purpose to discourage all well-affected persons to yield obedience to the orders of parliament, and to make difference and division between his majesty and the parliament. which matters and things have been perpetratAll ed, committed, and done by him, the said sir Richard Gurney, during the time of his mayor-Lords, That the Lord Mayor said, He had no alty aforesaid. Upon this, the Lord Mayor was brought to the bar, as a Delinquent, kneeling upon his knees, until he was wished to stand up. And then the Speaker told him, he was impeached by the House of Commons of High Crimes and Misdemeanors. The Impeachment being read unto him, the Speaker desired his Answer; and he confessed he caused the said Proclamation to be published. Then he was commanded to withdraw; and being called in again, he was asked by the Speaker, whether he will justify and stand to this Answer or no. He answered, That he desired to have counsel to advise him in his Answer, and some time to Hereupon he withdrew; and it was Ordered, That the said sir Richard Gurney shall have Counsel allowed him; and that he shall put in his Answer to this Impeachment in person on the 8th instant. answer. July 8th being the day appointed for the Lord Mayor to make Answer to his Charge, he was called to the bar, as a Delinquent, where he delivered in the following Answer: "The Humble Answer of sir Richard Gurney, knt. &c. This Defendant, saving to himself all benefit of exceptions to the Impeachment against him exhibited by the honourable house of commons, saith, That he, this Defendant, is not guilty of all or any of the Crimes and Misdemeanors, in and by the said Impeachment against him charged. July 11. R. GURNEY." At a Conference the Commons exhibited, to the Lords, a further Impeachment against the Lord Mayor; which being afterwards read to him at the bar, he desired more time might be given him to answer by counsel. And being asked, Why he refused, at the last Common Council, to put the Question for stowing the magazine that came from Hull, in the city; according to order of both houses, but protested against it? The Lord Mayor answered, He thought not fit to lay so much powder in the city, being dangerous; chere being much there already, and more they cannot find room for. Afterwards he withdrew, and then it was resolved, "That the Lord Mayor of London, for his contempt to this House, shall be committed to the Tower; and that the Lieutenant there get any Alderman of London to act for the Lord Both Houses having been at some trouble to Mayor during his Imprisonment, several of them having absolutely refused it, as not consistent with their oath to the City: It was ordered, That the Lord Mayor be commanded to depute some person to be locum-tenens, for the government of the City of London, and calling of comLieutenant of the Tower, who was ordered to mon councils. On the 14th sir John Conyers, deliver the foregoing Message, acquainted the power to appoint a deputy for the government and alderman, in the absence of the Lord Mayor, of the City, during his absence. Hereupon the Lords ordered, That sir George Whitmore, knt. do cause a court of Aldermen to be summoned, to meet at Guildhall the next day; and they, so summoned, are strictly enjoined to appear accordingly; then to make choice of a locum-tenens, or to consider of what other way will be according to the custom and charters of the city, and to give account of their Proceedings therein for the safety and good government thereof; to the said lords in parliament, on the 16th in stant. July 15. The Lord Mayor was brought to the bar as a Delinquent, the Commons being present; where, kneeling till he was bid to rise, the Speaker asked him, if he had brought his Answer to the Commons additional Impeachment against him; which he delivered in, and it was read in hæc verba : The Humble ANSWER of Sir RICHARD GURNEY, Knt. and Bart. Lord Mayor of the City of London, to a Second Impeachment exhibited against him to the right hon. the Lords in Parliament, by the hon. the house of Commons. "The Defendant, saving to himself all benefit of exception to the said Impeachment, as to all and every the wicked and malicious advising, countenancing, persuasions, solicitations, and practices mentioned; and as to the illegal Imprisonment of John Carter, Wm. Gouch, within the city of London; as also to the charge and Rd. Arnold, or any other Apprentices of Breach of his Oath, and neglect of the duty of his place; and to all and every, or any other offences, practices, contempts, and misdeDefendant, he saith, That he is not of them, or meanors, by the said Impeachment laid to this any of them, guilty in such manner and form as the same are in and by the said Impeachment charged." July 20. concerning the election of a locum-tenens, in A Certificate from the Aldermen of London, and read, importing, "That they had met tothe room of the Lord Mayor, was presented gether according to the direction, and on the day prefixed by the house; and that having doth award and adjudge, 1. That the said sir called unto them the City Counsel, and others | August 12. The Commons with their Speaker came to the Bar of the Lords' house, and demanded Judgment against sir Richard Gurney, knight and baronet, Lord Mayor of the city of London, impeached by them before the Lords in Parliament; whereupon the Lord Mayor was brought to the bar, and the lord Kimbolton being then Speaker, pronounced the Sentence following, viz. "Whereas sir Richard Gurney, knight and baronet, lord mayor of the city of London, hath been impeached by the knights, citizens and burgesses of the House of Commons, for causing proclamations to be made in several places of the city of London, for the putting in execution the Commission of Array, tending to the raising of forces against the parliament, and the subversion of the laws and peace of this kingdom; and for the framing of two false and scandalous Petitions, to set division between his majesty and the parliament, and the parliament and the city; and for imprisoning certain Apprentices, who had framed a petition unto the parparliament; and for not punishing or proceeding against certain rioters, or misdoers within the city of London acted on or about the 2nd of February, 1641. And for refusing or neg lecting to call a Common-Council for the good and safety of the said city and kingdom, being thereunto commanded by the authority of both bouses of parliament. "The lords having taken the said Charges into their due consideration, do find the said sir Richard Garney, lord mayor of the city of London, guilty of causing the said proclamation for putting the Commission of Array in execution, to be published, tending to the disturbance of the peace of this kingdom, and of not suppressing the said riots and misdemeanours, and of not calling a common-council, as ke was by order of parliament required. "And for the said offences this high court August 18. This day, the Lords were informed, That, acccording to their Order, sir Nich. Raynton, senior alderman of London, had called a comnon-hall, and that the citizens had elected and it was necessary and consistent with the alderman Pennington their new Lord Mayor; ancient customs of the city, that he be sworn city having sent to sir Richard Gurney for the and presented at Westminster, &c. That the sword, cap, mace, and collar of SS's, he pretended that they were locked up at his house, and he could not come at them: but being ask ed, again, Whether he would deliver them if he had them? He denied to deliver the sword to any but the king from whom he received it. Upon this it was first ordered, “That the thanks of the House should be given to sir Nich. Raynton and the rest of the Aldermen, for their chearful, ready, and orderly obedience to the commands of this house: that they approved of alderman Pennington for Lord Mayor, for king, kingdom, and privileges of parliament: as his good affections were well known to be that he should have the usual oaths given him by the court of aldermen; and two barons of the Exchequer should attend the next day for the lord mayor to be presented and sworn." Lastly, it was ordered, "That the gentleman usher, attending that house, should go to the house of sir Richard Gurney and demand the sword, &c. and if he denied, to break open any himself of them, and deliver them to alderman doors or locks whatsoever, and possess Pennington, now lord mayor elect of the city of 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.] ARTICLES OF IMPEACHMENT against Sir THO- London. the said city, and others at several times since, to impose, levy, and take of the said citizens and inhabitants, without their consent in parliament, the illegal tax of Ship-Money. And 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 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 laws of this kingdom, aud 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. His son was an active officer in king Charles's Army. "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, aud 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 informed that sir Thomas Gardiner was not returned to serve as a member in the house of commons, and so was not capable of being chosen to be Speaker; so that his majesty deferred his going to the house till the afternoon, by which time he was to think of another Speaker." Clarendun. There would be law found for it ere long. H. 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 nei ther 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. IH. 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. IV. That a Petition directed to his majesty, being prepared in the said year, 1638, by the said then Lord Mayor, aldermen and common-council, setting forth the laws and statutes of this kingdom, and the charters of the said city, to exempt the said citizens and inhabitants of London, from certain illegal taxes and services, whereby his majesty might be pleased 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. V. That the said sir Thomas Gardiner, to the end to preserve hunself from being questioned for the same crimes, laboured to hinder the calling of parliaments; and therefore in the month of May, in the year 1610, presently after the dissolving of the parliament, he the said sir Thomas Gardiner, advised and persuaded the then Lord Mayor, aldermen and | common-council of London, to lend the king 100,000l. for his wars against his majesty's subjects of Scotland. And albeit they told him, it was not safe for them to do it, when the parliament and the kingdom had refused it, yet he earnestly persuaded them thereunto; and in or about July in the said year 1640, when many thousands of the said citizens of London joined in a Petition to be delivered unto his majesty to call a parliament, for settling the distractions of this kingdom, and for the peace and welfare thereof, and of his majesty'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 noters 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 be ing 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 maliciously by him pretended, as may appear by a Copy of the Petition hereunto annexed. VII. That in January last at a court of common-council in London, an order of the house of cominons was sent and delivered to the lord mayor, aldermen and common-counci! 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, 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 allowed and approved of: Yet afterwards he the said sir Thomas Gardiner endeavouring and plotting to hinder the proceedings in parliament, the peace and safety of this kingdom, did most maliciously and wickedly advise, and direct the making and framing of two false and seditious Petitions; and he the said sir Thomas Gardiner, upon perusal of them, affirmed the matters contained in them to be agreeable to law, and to the custom of the said city, thereby encouraging divers of the said city to subscribe the same, and to send the one of them to be presented to his majesty, and the other unto the lords and commons in parliament; which Petitions do contain in them divers false, scandalous, and seditious matters; and in particular, that Petition annexed hereunto, a copy whereof was afterwards subscribed by divers citizens, and presented to the house of commons, containing false matter, that the ordering of the arms 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 time 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 impeachment 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. 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. THE Commons, at a Conference, delivered to ther with the said other persons so assembled, Halford, sir John Bale, and John Pate, togethe Lords an Impeachment against Henry being armed with swords and pikes, and with Hastings, esq. second son to the earl of Hun- pistois, 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 "The IMPEACHMENT of Henry Hastings, esq., of Leicester, and so through the said town, within the said county of Leicester, to the town (second son of the Earl of Huntingdon), sir Richard Halford, kt. and bart., sir John place near to the said town, called Horse Faire with great noise and shouting, to a certain 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 force, and to the intent likewise to take away be so arrested, then to rescue themselves by 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 such like desperate speeches; And the said have his heart's blood out, with divers other 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 depu tations 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 “ He the said Henry Hastings, sir Richard the said Henry Hastings, well knowing thereof, warrants from both houses of parliament; and Halford, sir John Bate, 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 Hallord, 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 them being collers, and other mean and despe- Chambers, and Stamford, and rode upon them rents did violently assault the said high sheriff, 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 five upon the said ChamHenry.Hastings, the diy aforesaid, made pro- | bers; and some others of tiem drew out their clamation, That, if any persons affected to that pistols, and presented their muskets, upon the service wanted arms, and would repair to the said high sheriff and Chambers, using other town's end, they should be furnished therewith; force and violence upon them, to the great and they, the said Henry Hastings, sir Richard danger of their lives; and so the said Henry | |