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A38204 Articles of impeachment by the Commons assembled in Parliament, in the name of themselves and all the commons in England against Sir Thomas Gardiner, recorder of the citie of London, for severall great crimes and misdemeanours committed by him : as also the votes concerning Generall Major Skipton : with an order for the disposing of the magazine of the counties of England and Wales. Gardiner, Thomas, Sir, 1591-1652.; England and Wales. Parliament. House of Commons. 1642 (1642) Wing E2524A; ESTC R8759 3,858 8

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ARTICLES OF IMPEACHMENT BY THE COMMONS ASSEMBLED IN PARLIAMENT In the Name of themselves and all the Commons in England AGAINST Sir Thomas Gardiner Recorder of the Citie of London for severall great Crimes and Misdemeanours committed by him As also the Votes concerning Genenerall Major Skipton With an Order for the disposing of the Magazine of the Counties of England and Wales Printed May 23 1642. Die Martis 17 Maii. 1642. Severall Votes of Parliament concerning Sergeant Major Generall Skippon Resolved upon the Question THat this command of his Majesty to call Captain Philip Skippon Sergeant Major Generall of the Forces of London to attend his Majesties person at Yorke is against the L●w of the Land and the liberty of the Subject Resolved upon the Question That this command of his Majesty to call Captaine Philip Skippon Sergeant Major Generall of the Forces of London to attend his Majesties person being imployed by both Houses to attend their service without their consent is against the privil●dge of Parliament Resolved upon the Question That Captaine Philip Skippon Sergeant Major Generall of the Forces of London shall continue to attend the Service of both Houses according to their former commands Hen. Elsing Cler. Parl. D. Com. Die Martis 20 Maii. 1642. IT is this day Ordered by the Lords and Commons in Parliament assembled That the Magazines of the severall Counties in England and Wales shall be forthwith put into the power of the Lord Lievtenants of the said Counties respectively being such as the Parliament doth confide in for the Service and safety of his Majesty and the Kingdome Ordered by the Lords in Parliament That this Order shall be Printed and published Ioh. Browne Cler. Parl. ARTICLES OF IMPEACHMENT AGAINST Sir THOMAS GARDINER Recorder of the City of London Imprimis THat the said Sir Thomas Gardiner being now and for 6 yeeres last past having been Recorder of the City of London and having taken an oath for his faithfull discharge of his said Office and to maintaine the Franchises and Customs of the said City and not discover the Councel therof to the hurt of the same did in the yeere of our Lord God 1638. contrary to the Laws of this Kingdome and contrary to his Oath wickedly advise direct and earnestly presse Sir Maurice Abbot Knight then Lord Major of London the Aldermen and Common Counsell of the said City and others at severall times since to impose levy and take of the said Citizens and Inhabitants without their consent in Parliament the illegall Tax of ship-money and being told by some of the said Common-Councell That the said Taxe of ship-money was against Law he the said Sir Thomas Gardiner replyed there would be Law found for it ere Long II. That the said Sir Thomas Gardiner in the said yeare 1638. did wickedly advise and perswade the said then Lord Major Aldermen and Common-counsell of London that they might at their owne will and pleasure by force and power of the Acts of that Court taxe and levie on the said Citizens and Inhabitants without their consent in Parliament a certaine summe of money by way of Loane to furnish his Majesty for his warres affirming that such Acts would bind and compell the Citizens to pay the same And also in the said yeare 1638. contrary to his oath and against the said Lawes of the Land did wickedly advise and direct the then Lord Maior Aldermen and Common Councell to raise and levie an Armie of 3000. men of the Trained Bands of the said Citie to serve his Majesty in his warr●s in the North against his Majesties Subjects of Scotland and therein hee affirmed That every Subject was bound by his Allegeance to serve the King and that neither the Statute-Law nor their Charters could excuse them saying also the same time It 〈◊〉 now no time to plead Statutes and Charters III. That about the moneth of February 1639. he the said Sir Thomas Gardiner contrary to his Oath and to the Lawes of the Land did earnestly perswade and presse Sir Henry Garraway Knight then Lord Maior the Aldermen and Common Counsell of London to impresse ●loth and conduct 200 men of the said Citizens and Inhabitants to serve the King in his warres in the North against his Majesties Subjects of Scotland and also the same was to be done by the said Court of Common Councell as a thing against Law yet by the perswasion of the said Sir Thomas Gardiner the same was then performed by the then Lord Major and the money paid for the same out of the Chamber of London without any consent or approbation of the said Court of Common Councell contrary to the Liberties and Customes of the said City and in subversion of them IV. That a Petition directed to his Majesty being prepared in the said yeare 1638. by the said then Lord Major Aldermen and Common Councell setting forth the Lawes and Statutes of this Kingdome and the Charters of the said City to exempt the said Citizens and Inhabitants of London from certaine illegall taxes and services wherby his Majestie might be pleased not to continue such his Demand of men and mony from them and the said Sir Thomas Gardiner contrary to his Oath and duty of his place did reveale and disclose to his Majesty their counsell and their 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 himselfe from being questioned for the same crimes laboured to hinder the calling of Parliaments And therefore in the moneth of May in the yeare 1640. presently after the dissolving of Parliament hee the said Sir Thomas Gardiner advised and perswaded the then Lord Major Aldermen and Common Councell of London to lend the King 100000. l for his warres against His Majesties subjects of Scotland and albeit they told him it was not safe for them to do it when the Parliament and Kingdome had refused it yet he earnestly perswaded them thereunto and in of about July in the said yeere 1640. when many thousand of the said Citizens of London joyned in a Petition to be delivered unto his Majesty to call a Parliament for setling the distractions of this Kingdome and for the peace and welfare thereof and of His Majesties Kingdome of Scotland he the said Sir Thomas Gardiner did earnestly diswade them from it saying it was dangerous and needlesse and the Petition would come unseasonable to interrupt the Kings affaires 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 waies he the said Sir Thomas Gardiner caused some of the Petitioners to be sent for before the Lord Major and himselfe and questioned them as Rioters and
disturbers of the peace saying that the putting of their hands to a Petition was the way to put all together by the eares 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 thanke your selves your bloods be upon your owne heads he used other threatning speeches to discourage and terrifie 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 containe any dangerous matter as was maliciously by him pretended as may appeare by the Copy of a Petition hereunto annexed VII That in January last at a Court of Common-Councell in London an Order of the House of Commons was sent and delivered to the Lord Major Aldermen and Common-Councell 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 tooke 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 Whereupon the Lord Major and Sheriffe desiring to be excused the persons of the said Committee were chosen by a cleere Vote and their names sent to the House of Commons and by them and the House of Peeres allowed and approved of Yet afterwards he the said Sir Thomas Gardiner endeavoring and plotting to hinder the proceedings in Parliament the peace and safety of this Kingdome 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 perusall of them affirmed the matters contained in them to be agreeable to Law and to the custome 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 containeth false matter That the Ordering of the Arms of the said City of London had beene time out of minde annexed to the Majoralty for the time being and insinu●ting that if the same should be conferred upon others it would reflect upon the Government and Custome of the said City which every Freeman of the said City was by his Oath of Freedome bound to mayntain 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 worke a distraction in the said City and to bring the Parliament City and whole Kingdome into disorder and confusion All which matters committed and done by the said Sir Thomas Gardiner were and are high crimes and misdemeanours contrary to the Laws of this Realme and in subversion of them and contrary to the Rights and Priviledges of Parliament the liberty and propriety of the subject tending to sedition and to the disturbance of the publike peace of this Realme And the said Commons by Protestation to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Thomas Gardiner and also of replying to the answers that the said Sir Thomas 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 bee exhibited by them as the cause shall according to the course of Parliament require Doe pray that the said Sir Thomas Gardiner may bee put to answer all and every the premisses And that such proceedings Exactions Tryals and Judgements may be upon every of them had and used as is agreeable to Law and Justice FINIS