The Lord Keeper reported to the Lords a Conference had with the Commons, concerning sir Edward Dering, That they had presented the following Impeachment against him: sideration, conceived that the Judge had committed a great offence, contrary to his duty, as Judge of the Assize, and as an assistant to this house, in not revealing the Petition to them till he was forced to it. And, after a long debate, the question was put, Whether there were not some words, in this Petition, scandalous, dangerous, and tending to sedition? It passed in the affirmative. Likewise the earl of Bristol, because he had this Petition delivered to him, being of so dangerous a consequence, and took a copy of it without doing his duty in acquainting the house of Lords therewith, was committed to the Tower, for the present, until this business should be further examined. The earls of Bath, Dover, Portland, Monmouth, with the lords Mowbray, Grey, Howard, and Capel, dissenting. Judge Mallet, also, underwent the same sentence." 2 Cobb. Parl. Hist. p. 1148. Clarendon says, "Judge Mallet was committed to the Tower the last Lent, for having seen a Petition prepared by the grand jury of Kent, for the countenance of the Book of Common Prayer, and against the imposition of the Militia by Ordinance without the royal assent. This judge (being, this summer circuit, again judge of assize for those counties) sitting at Maidstone upon the great assize, some members of the house of commons, under the stile and title of a committee of parliament, came to the bench; and, producing some votes, and orders, and declarations of one or both houses, required him, in the name of the 'parliament, to cause those papers,' (being on the behalf of the ordinance of the militia, and against the commission of array), to be read.' He told them, that he sat there by virtue of 'his majesty's commissions; and that he was authorized to do any thing comprised in those 'commissions; but he had no authority to do 'any thing else; and therefore, there being no ' mention, in either of his commissions, of those 'papers, or the publishing any thing of that 'nature, he could not, nor would not do it;' and so (finding less respect and submission, than they expected, both to their persons and their business, from the learned judge, and that the whole county, at least the prime gentlemen and the grand jury, which represented the county, contemned both much more) this Committee returned to the house with great ex ARTICLES of IMPEACHMENT of Sir EDWARD DERING, knt. and bart, by the Commons assembled in this present Parliament, in the name of themselves and of all the Commons of England, for high Crimes. and Misdemeanors by him committed as follows:* I. "That whereas an Ordinance was lately made and agreed upon by both Houses of Parliament, for the settling of the Militia of this kingdom, for the safety and preservation thereof in these times of imminent danger; the said sir Edward Dering, knowing thereof, and having been lately a Member of the Commons House in Parliament, and by order of the said House, for offences by him committed, expelled the same,† out of a malicious and wicked intention to cross and binder the said Ordinance; to interrupt and scandalize the proceedings of Parliament; to set division between his majesty and the parliament; and to raise sedition and tumult in the county of Kent, and in other parts of this realm; in or about the month of March last past, by practice and combination with R. Spencer, esq. sir Roger Twisden, and sir Geo. Strode, and others, did wickedly and maliciously contrive and frame certain dangerous and seditious Heads or Articles of a Petition to be presented to the parliament, for and on behalf of the gentry, ministers, and commonalty of Kent; amongst which some were to this or the like effect, viz. 1. That no Mem 6 as clamations against Mr. Justice Mallet, 'the fomenter and protector of a malignant 'faction against the parliament.' And, upon this charge, a troop of horse was sent to attend an officer; who came with a warrant from the houses, or some committee (whereas Justice Mallet, being an assistant of the house of peers, could not regularly be summoned by any other authority) to Kingston in Surrey; where the judge was keeping the general assizes for that county; and, to the unspeakable dishonour of the public justice of the kingdom, and the scandal of all ministers or lovers of justice, in that violent manner took the Judge from the bench, and carried him prisoner to Westminster; from whence, by the two houses, he was committed to the Tower of London; where he remained for the space of above two years, without ever being charged with any particular crime, till he was redeemed by his majesty, by the exchange of another whose liberty they desired." *These Proceedings against sir Edw. Dering are taken from the Lords Journals: There is no mention made of them in Rushworth or Whitlocke. Lord Clarendon, indeed, tells us, "That several gentlemen of the county ce Kent, who had subscribed and advised the Petition, were sent for as delinquents; ami Charges and Articles of Impeachment dIVE up against them." Vol. 2. p. 487. For printing his Speeches. See Parl. Hist. 1072. Petition, one to the house of lords, another to the commons, and a third to his majesty. 'ber of the House of Commons should be put out of the said house, without shewing a reason 'for the same; and that they shew some cause why the said sir Edward Dering was put out of the said house. 2. That his majesty's sub'jects should not be bound by any Order of either of the said houses. 3. That no Ordi'nance of the said house touching the Militia 'should bind the subjects, without his majesty's 'assent thereunto.' And for the better effecting thereof, at the assizes holden for the said county, on Tuesday the 22nd of March 1641, the said sir Edward Dering, being then, and yet, a justice of the peace of the said county, together with the said sir George Strode, and divers other justices of the peace of the said county, then present in court, by the practice and combination aforesaid, did offer himself to serve on the grand inquest at the said assizes; albeit there was another sufficient grand jury then returned by the sheriff, (whereof he was none) and no exception taken to the same; and that no justice of peace, or other gentlemen of that rank and quality in that county, had served upon any grand jury at the assizes, for many years then before: and the said sir Edward Dering, together with the other said justices of the peace, upon their said offer, being sworn and impannelled of the said jury, the said sir Edward Dering, with the said sir George Strode, by the practice and combination aforesaid, and to the intent and purpose aforesaid, did tender the said heads to the said grand jury; and did then and there wickedly and unlawfully persuade, labour and solicit the rest of the grand jury to agree to the same; and have them drawn into a Petition to the parliament, to be presented by the said grand jury to the judge of the said assizes and the rest of the bench there, to be, by them, assented to and approved of; and did then and there wickedly conjure the said grand jury to secrecy, and not to discover any thing touching the said Petition, till it should be, by them, agreed upon and presented as aforesaid; falsely persuading them that they were thereunto bound by their oath. II. That whereas the said grand jury did not, nor would agree to the said Petition or Heads; but a great part of them did utterly refuse and oppose the same, and resolve to protest against it; yet the said sir Edward Dering, together with the said sir George Strode, by the practice and combination aforesaid, did, at the same assizes, wickedly and seditiously contrive and frame a dangerous, scandalous, and seditious Petition, to be presented to the parliament, consisting of many of the heads aforesaid, and others, and the same did present to the bench at the said assizes; and, by false and sinister suggestions, persuasions and solicitations, caused the same to be voted and assented to in open court; and did further say, That the same should be accompanied with 40,000 persons, and that they should meet at Deptford, Greenwich, or Blackheath, to go to the parliament; and did likewise openly move in court, That here might be three copies made of the said III. That the said sir Edward Dering, toge ther with the said R. Spencer, sir R. Twisden, sir G. Strode, and others, by the practice and combination, and to the intent aforesaid, at the said assizes, and at other times, did wickedly and seditiously publish the said Petition; and caused the same to be put into the hands of one Pope, an attorney at law, dwelling at Maidstone aforesaid, to make and deliver out copies thereof, to be dispersed throughout the said county; and divers copies thereof were given out and dispersed accordingly. IV. That the said sir E. Dering, together with the rest of the said confederates, by the practice and combination aforesaid and to the intent aforesaid, did unlawfully, wickedly and maliciously, procure many hands to the said Petition; and did labour and solicit divers of the inhabitants of the said county to assemble and meet at Deptford or Greenwich, in the said county, or some other place, thereabouts, in great multitudes, to go along with the said Petition; intending thereby to live raised com motion and sedition amongst the people, and to have awed the parliament. All which doings of the said sir E. Dering and his confederates, were, and are, great and high breaches of the privileges of parliament; and contrary to his oath and the duty of a justice of peace; tending to sedition, and to the apparent danger of both his majesty's kingdoms of England and Ireland: and the said sir E. Dering being sent for to the house of commons, and under examination of a committee of both houses of parliament for the said offence, is since fled, in great contempt of both the said houses. And the said Commons, by protestation, sav. ing to themselves the liberty of exhibiting, at any time hereafter, any other Accusation or Impeachment against the said sir E. Dering; and of replying to the Answer which he shall make to the said Articles, or any of them; and of offering proof of the premises, or any of them, or of any other Impeachment or accusation which shall be exhibited against him, as the case, according to the course of parliament, shall require; do pray that the said sir E. Dering may be put to answer to all and every the premises in the presence of the commons; and that such further proceedings, examinations, judgments and executions may be, upon every of them, had and used against him as is agreeable to law and justice." This being read, his Lordship reported, "That the Gentleman of the House of Commons, that managed the Conference, made some observations, and said, That your lordships see by this that hath been read unto you, that Nondum recentis Ilii fatum stetit,' that notwithstanding the many strange and variable attempts against the parliament, and their wonderful and miraculous preservations, yet mischief is so fruitful and generative as to produce a new brood of serpents; which are continually hissing, maligning, and practising against the picus and noble endeavours of both houses, and against the peace, prosperity and happiness of this afflicted kingdom. If the evil and seducing spirit, which doth animate these designs, were asked from whence he comes, doubtless his answer would be, From compassing the earth; having removed his scene into many several parts, and found so many friends and patrons of his audacious achievements, amongst whom this gentleman, sir E. Dering, is one; a man of mark and eminency; of wit, learning, and zeal, at least in shew and appearance; and yet all these miserably shipwrecked upon the shelves and sands of the Kentish shore. The thing it self appears to your lordships to be a manifest breach of the rules of law, justice, and religion; and yet under the cloak of all three, a fast must be proclaimed to take away Naboth and his vineyard. The yeomanry of Kent, heretofore m great esteem, is now become vile and contemptible; an extraordinary grand jury must be prepared of knights, gentlemen, and justices of the peace, for some extraordinary service, which your lordships have heard what it is; they must descend from their places on the bench, and from themselves too, not to serve their country, (for that were no disparagement) but to serve their own unworthy, ambitious, and seditious ends. "This gentleman, a ringleader, late a member of the house of commons, the great grand jury of the whole kingdom; and there so highly esteeming of his own wisdom, is contented now to descend so low as to become one of the common jury of the county; such is the meanness and pusillanimity of high thoughts, as, for compassing of their own ends, to stoop to any con dition how low soever it may be. when all this would not serve, he then applies himself to the bench; and, by the enchantinents aud conjurations used there, prevails so far as to have it there voted and assented to by such as were present: and to give the more strength and countenance to it, wants not the aid and concurrence of some appearing reverend divines, and of civilians also; and sticks not to affirm, that he can have 40,000 persons to attend the Petition; proclaims a meeting at Blackheath, a place fatal and ominous for actions of this nature; and all this under colour of a Petition; being, in truth, a challenge, an abjuration, and a scandal upon the parliament; and purporting nothing else but a desperate design to put not only Kent, but, for ought is known, all Christendom into combustion, carrying the sails full swollen with spite, arrogancy, and sedition. The particular instances he forbore to trouble your lordships with, because you will find some of them upon perusal of the Petition. He said many arguments he might use in aggravation of them, from the eminency of the power of the person, and the arrogancy of his mind; the acrimony of his spirit, and from the topping place of Kent, which former ages hath found obnoxious to these infelicities; which this gentleman, so well read in story, should have been mindful of in these troublesome times; but all these, and other circumstances, he left to your lordships noble and judicious consideration; desiring, amongst other motives, that your lordships will be pleased to reflect upon the acts of your own justice in a case of like nature; which, being" first begun bere, near at hand, might have spread the flame and contagion over all England; had not the great wisdom and justice of both houses, in due time, prevented it. "He said, He should add no more at this "Having thus set the cards, he plays the game time, but what he had read of a people in very foully: he leads his fellows out of the Africa which sent a challenge to the wind; way; and makes them, like ill hunters, instead whereupon, at the meeting, the wind blew down of following the chace, at the quest of one ill mountains upon them, and overwhelmed them: outh, to fall upon a flock of sheep. Their he hoped those hold and insolent adventurers, duty was to have enquired, diligently, of the who have presumed to send a challenge, or dematters given them in charge. Surely this was fiance, to the great houses, shall find the like Gut of the charge, because the judge had told stroke of their wonted power and justice; and them it was out of his commission; and yet that they shall meet with such a wind as will ary leave other matters, which they were blow down their high thoughts upon themselves, charged with, as accidents and trifles; and return their votes into their bosoms, and their insist upon this, which they had nothing to mischievous designs upon their own heads. All da with, as the principal business.-He ob- which he was warranted, in the name of the trudes on them divers monstrous and sediti-house of commons, and of all the commons of es heads; and, by sinister suggestions, labours and solicitations, which ought not to be used to a jury; and, by a kind of violence Fered them, seeks to inforce them to a consent contrary to their own reason, judgment, and consciences, when they refused, opposed, and protested against it. Failing of this, 'Hectere si nequeam superos, Acheronta mo' vebo:' Instead of inquiring upon the statute of wrchcraft and conjuration, he useth his conjurations and enchantments upon them, to couare them to secrecy; falsely persuading them that they will be bound unto it by their oath: p. 147. England, to desire of their lordships; and that they will be pleased to make this gentleman, the principal author of this foul act, a spectacle and pattern of exemplary justice to present and future times." Ordered, "That sir Edw. Dering, knt. and bart. shall appear before the lords in parliament on the 2nd day of May, and put in his Answer unto an Impeachment of the House * Mr. Benyon's Petition beforementioned, at of Commons brought up against him, or else be the same that was formerly burnt, by order the house will proceed against him by default." of both houses, by the hands of the common Whether sir Edward Dering had been taken hangman." Hereupon, some of the Petitioners or not is not said, nor does any thing more who said he preferred the Petition by comwere called in, and examined; capt. Lovelace, upon the subject of this prosecution appear, ex-mand of the gentlemen assembled at Blackcept that, On the 30th of April, the Commons proceeded further in the affair of the Kentish Petition. Sir Edward Dering's Book of Speeches being lately reprinted, they referred the consideration of that matter to a Committee; ordered the impression to be seized; and also to inquire who printed the said Petition, of which several bundles of copies had been found upon some of the petitioners. But notwithstanding these vigorous Resolutions of the commons, the men of Kent had the courage to come up to London with their Petition: for we find in the Journals the following entry, "The house being informed, that divers Gentlemen of the county of Kent were at the door, that desired to present a Petition to the house, they were called in, presented their Petition, and then withdrew and their Petition was read, and appeared to heath, was committed to the Gatehouse; sir Wm. Boteler, who was also concerned therein, having been at York since the assizes at Maidstone, was committed to the Fleet: but, the other gentlemen that presented the said Petition being called in, Mr. Speaker, by command of the House, told them, "The house has considered of the Petition that you presented. And they know you cannot be ignorant what opinion both houses have formerly expressed of the same Petition: yet, considering that you are young gentlemen, misled by the solicitation of some not affected to the peace of the kingdom; and that, howsoever they intend to proceed against the chief agents and prime actors in this business, yet they are willing that you should be dismissed, hoping that you may hereafter prove good members of the commonwealth." 165. Proceedings against Sir RICHARD GURNEY,* knt. and bart. Lord Mayor of London, on an Impeachment of High Crimes and Misdemeanors: 18 CHARLES I. A. D. 1642. [4 Rushw. Coll. 779, 783. 2 Cobb. Parl. Hist. 1406.] ON the 5th of July, 1642, the Commons sent up Mr. Serjeant Wyld to the House of Lords, with the following: ARTICLES OF IMPEACHMENT of the House of Commons against Sir RICHARD GURNEY, knight and baronet, Lord Mayor of the city of London. I. That the said sir Richard Gurney being nominated, elected and chosen, Lord Mayor of *This sir Richard Gurney, whom king Charles created a Baronet in Dec. 1641, had very much exerted himself in repressing the Tumults in the City excited during the Proceedings against the earl of Strafford, by which conduct he conciliated the favour of the King, and incurred the enmity of the Parliament, by whom he was specially excepted in the Militia Bill. A few days before this Impeachment he had been censured by the Commons for publishing a Proclamation of the king. See 4 Rush. 636, 2 Cobb. Parl. Hist. 1203, 1403. Lord Clarendon repeatedly mentions him with high commendation, calling him, “ a man of wisdom and courage; who expressed great indignation to see the City so corrupted by the ill artifices of factious persons," and in another place saying, "Sir Richard Gurney cannot be too often or too honourably mentioned." Speaking of the Tumults about Whitehall, after the king had removed thither from Hampton Court, the nəble historian thus expresses himself: "These the said city of London, for this present year 1642, and in the year of our sovereign lord king Charles, of England, Scotland, France and Ireland, &c. the 18th; whereby the ordering, rule and government of the said city of London, was committed to the trust, care, and charge of him the said sir Richard Gurney; he the said sir Richard Gurney, in or about the month of June last past, and during the time of his mayoralty as aforesaid, in contempt and insurrections were so countenanced, that no industry or dexterity of the lord mayor of London, sir Richard Gurney, could give any check to them; but instead thereof, himself (with great and very notable courage opposing all their fanatic humours, both in the Court of Aldermen and at the Common Council) grew to be reckoned in the first form of the Malignants (which was the term they imposed upon all those they meant to render odious to the people) insomuch as his house was no less threatened and disquieted by the Tumults, than the House of Lords: and when he apprehended some of those who were most notorious in the Riot, and committed them to the custody of both the Sheriffs of London in person to be carried to Newgate, they were, by the power and strength of their companions, rescued from them in Cheapside, and the two sheriffs compelled to shift for their own safety. And when it was offered to be proved by a member in the House of Commons, that the wife of captain malice against the parliament, and the proceedings thereof; and contrary to his oath, and the faith and trust reposed in him; and with an intent, purpose and resolution, to overthrow the ancient customs and usages of the said city; and with an intent, purpose and resolution, to bring in an arbitrary and tyrannical government, contrary to the laws and statutes of this realm, and the settled government established in the same kingdom; and with an intent and endeavour to levy war against the parliament, did, in or about the month of June last past, proclaim and publish, or did cause and procure to be openly read and published, within the said city of London, and suburbs of the same, divers illegal proclamations, containing in them matters of dangerous consequence, and contrary to the votes and orders of both houses of parliament, and likewise contrary to the rights and privileges thereof, and the liberty and property of the subject. II. That wherein or about the month of December last past, a great number of his majesty's dutiful and loyal subjects, in and about the city of London, did contrive and draw up a certain Petition, wherein were contained many of their grievances, with an intent to present the same to the honourable house; he the said sir Richard Gurney being then and now Lord Mayor of London, did earnestly labour and endeavour to suppress the said Petition, and to hinder the same from being delivered to this honourable house; and did threaten and me Venn (having received a letter from her husband to that purpose) who was one of the citizens that served for London, and was known himself to lead those men, that came tumultuously down to Westminster and White-Hall, at the time of the passing the Bill of Attainder of the Earl of Stratford, had with great industry solicited many people to go down with their arms to Westminster, upon a day (that was named) when she said, her husband had sent her word, that in the House of Commons they were together by the ears, and that the worser party was like to get the better of the good party; and therefore her husband desired his friends to come with their arms to Westminster to help the good party; and that thereupon many in a short time went thither: They who offered to make proof of the same, were appointed to attend many days; but notwithstanding all the mportunity that could be used, were never admited to be heard. And the king in his MesKage to both Houses, April 28, 1642, tells them, That "the demeanour of the Lord Mayor of London had been such that the city and the whole kingdom was beholden to him for his example." See 2 Cobb. Parl. Hist. 1203. Of this prosecution Clarendon thus speaks: "Towards such, as any ways (though under the obligation of oaths or offices) opposed or discountenanced what they went about, the parLament proceeded with the most extravagant reverity that had been ever heard of; of which I shall only mention two instances; the first, VOL. IV. nace the said petitioners, and imprisoned divers of them, contrary to the laws and statutes of this realm, and contrary to the liberty of the subject. III. The said sir Richard Gurney, together with one Benyon, did further plot and contrive one seditious and scandalous Petition, containing matters of dangerous consequence, endeavouring thereby to raise tumults and discords within the said city, and to make and increase the difference between his majesty and the parliament; whereupon many insolent persons, ill-affected to the state, and the proceedings of parliament, did, in a riotous and unlawful manner, assemble and gather themselves together in Cheapside within the said city, and then and there committed many riotous acts, contrary to the peace of our sovereign lord the king, and contrary to the civil government of the said city. And he the said sir Richard Gurney, did purposely, wittingly and willingly permit and suffer the aforesaid riotous persons to escape, without due and deserved punishment of law. IV. That whereas, by order of both houses of parliament, the said Lord Mayor was appointed to call a common-council: He refused so to do; And when a common-council was called by the said sir Richard Gurney, it was moved, on the behalf of both houses of parlia ment, that great quantity of arms, and other ammunition, should be laid into some storehouses within the said city, for his majesty's of the lord mayor of London, sir Richard Gurney, a citizen of great wealth, reputation, and integrity; whom the lords had, upon the complaint of the House of Commons, before their sending the last petition to the king (of which his majesty gave them a touch in his Answer) committed to the Tower of London; for caus-, ing the king's Proclamation against the Militia, by virtue of his majesty's writ to him directed, and according to the known duty of his place, to be publicly proclaimed. And shortly after, that they might have a man more compliant with their designs to govern the city, notwithstanding that he insisted upon his innocence, and made it appear that he was obliged by the laws of the land, the customs of the city, and the constitution of his office, and his oath, to do whatsoever he had done: He was by their lordships, in the presence of the commons, adjudged to be put out of his office of Lord Mayor of London; to be utterly incapable of bearing office in city or kingdom, and of all honour or dignity: and to be imprisoned, 'during the pleasure of the two houses of parliament. And upon this Sentence alderman Pennington was, by the noise and clamout of the common people, against the customs and rules of election, made mayor; and accordingly installed; and the true, old, worthy mayor committed to the Tower of London; where with notable courage and constancy, he cou tinued almost to his death." M |