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Hastings, sir Richard Halford, sir John Bale, | and John Pate, by force and arms, 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 manner 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:

"Wherefore the said Commons do, in the name of themselves and of all the Commons of England, impeach the said Henry Hastings, sir Richard Halford, sir John Bale, and John Pate, of the said several high crimes and misdemea

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

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Bale, and John Pate, or any of them, and of 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."

Ordered, That the aforesaid Gentlemen should appear before the House, at a time prefixed, to hear the Impeachment read, and to put in their Answers to it.

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 Englands 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 :

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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 arms, 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 forces of men and horse, and levied war against the king, parliament and kingdom. And in further prosecution of the aforesaid wicked, traiterous and malicious purposes, the said James, lord Strange, and divers other persons 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 and warlike manner, kill, murder and destroy Richard Parcival of Kirkman-Shalme in the said county of Lancaster, linen-webster; and did then, and at divers other times and places, in like hostile manner as aforesaid shoot, stab, 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

175] STATE TRIALS, 18 CHARLES L. 1642.-Proceedings against the Nine Lords [176

will not be sealed; therefore they thought fit to advise in this case how Delinquents may be to communicate this to the House of Commons, brought up to Trial: A Message was accord

majesty's royal crown and dignity: And the
said James, lord Strange, hath set sedition be-
tween the king and his people, and now is in
open and actual rebellion against the king, par-
Irament and kingdom: for which matters andingly sent, to desire a Conference with the Com-
things, the knights, citizens and burgesses of the mons, concerning the Impeachment of the lord
house of commons in parliament assembled, Strange.
do, in the name of themselves, and of all the
commons of England, impeach the said James,
lord Strange, of High-Treason.

"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 lord Strange, and also to replying of the Answers, that the said James lord Strange shall make to the premisses, or any of them, or of any other Impeachment or Accusation that shall be exhibited by them, as the cause, according to the course and proceedings of parliament, shall require, do pray, that the said James lord Strange may be put to answer all and every the premises, that such proceedings, examinations, trials and judgments, may be upon them, and every one of them, had and used as shall be agreeable to law and justice."

Ordered by the Lords, That the Answer to be returned to the House of Commons shall be, That this House hath received the Impeachment against the lord Strange; and that they will take the best course they can to have the lord Strange brought to answer the said Impeachment.

The Lords taking into consideration what course to take for sending to summon the lord Strange to appear, and answer his Impeachment of High Treason: and considering that, if messengers be sent they will be imprisoned, and if proclamation-writs be sent down they

of a Proclamation, against the lord Strange, to
The following Order was made, in the nature
chapels, and all market towns, viz.
be printed and published in all churches and

September 16, 1612.

a long time, and still remaining in actual rebel"Whereas the lord Strange having continued lion against his majesty and the parliament, is for the same impeached of high-treason by the house of commons, in the name of themselves, and all the commons of England: It is therefore ordered, by the lords and commons in parliament assembled, that publication thereof be made in all churches and chapels, by the curates and church-wardens thereof; and in all markets and towns, by the constables and ofticers of the towns within the counties of Lancaster and Chester, to the end that all his malest they being deceived by the specious prejesty's loving subjects may have notice thereof, tences made by the said lord Strange should assist him with men, money, munition, or any other provision, and so make themselves guilty of the like treason and rebellion: And all sheriffs, and other his majesty's subjects, are hereapprehension of the said lord, and the bringing by required to do their best endeavour for the him up to the parliament, there to receive condign punishment according to his demerits."

secution.
Nothing further occurs respecting this pro-

169. Proceedings against the NINE LORDS at York; namely, SPENCER Earl of NORTHAMPTON, WILLIAM Earl of DEVONSHIRE, HENRY Earl of DOVER, HENRY Earl of MONMOUTH, CHARLES Lord HOWARD of Charlton, ROBERT Lord RICH, CHARLES Lord GREY of Ruthen, THOMAS Lord COVENTRY, and ARTHUR Lord CAPEL, for High Crimes and Misdemeanors 18 CHARLES I. A. D. 1642. [4 Rushw: Coll. 737. 2 Cobb. Parl. Hist. 1296.] ON May 25, 1612, the Lords took notice of several of their House being absent on the King's Letters to attend him at York; and judging it contrary to the privileges of that House, resolved to consider what course was fit to be taken with these Deserters. Hereupon it was ordered, "That the Lords gone to York,clared upon oath what Lords he saw at York, or other places, contrary to a former Order of this House, shall be sent for, and taken into custody, to answer their Contempt done to this House; and, in case they refuse to come, then the House would give Judgment against them

for the same." The lords North and Brooke were appointed to put down the names of such pcers as were absent without leave, &c. This was done accordingly.

On May 30, Mr. Pickering, a messenger, de

and what he met going thither; on which it was ordered, That the said Lords should be sent for to appear here, on the 8th of June next, or else the house would proceed to give Judgment against them for their offence.

June 7.

A Letter directed to the Speaker of the house of lords, was read as follows:

"My Lord; We, whose names are underwritten, have received a Summons, dated the 50th day of May, to appear, the 8th of June, at the bar of the House of Peers; we are come here to York, at this time, to pay a willing obedience to his majesty's commands, signified by letter under his hand, which commands remain upon us still; and so we rest Your lordships affectionate servants,

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still continuing at York, notwithstanding their summons and commands, is a high affront and Contempt of both houses: and that the said Lords therein did as much as in them lay, that the service of Parliament might be deserted; and are justly suspected to promote a war against the Parliament."

The previous question being put, it was carried in the affirmative by 109 voices against 51. The Tellers on this remarkable occasion were, for the Yeas, Mr. Hollis and Mr. Cromwell; for the Noes, Mr. Waller and Mr. White. Then it was resolved, That a committee be appointed to draw up an Impeachment against the said Nine Pecrs.

June 16.

A Message was brought from the Commons by Mr. Denzil Hollis, containing an Impeachment against the Nine Lords who had written and signed the Letter from York; which he introduced with the following Speech: *

66

My Lords; By the command of the knights, citizens, and burgesses of the house of commons, I come hither unto your lordships in the behalf of the parliament; or rather in the behalf of the whole kingdom, labouring with much distraction, many fears, great apprehensions of evil and mischief intended against it; and now hatching and preparing by that Maignant Party, which thirsts after the destruction of religion, laws, and liberty; all which are folded up, cherished, and preserved in the careful bosom of the parliament.

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and basis of government, and consequently of My lords, the parliament is the foundation the peace and happiness of the kingdom. As it creates the law by which we are ruled and the law in power and authority: it watches governed in peace and quietness, so it preserves over our religion, that it be not supplanted and changed by superstitious innovations; the truth and substance of it eaten up with formality, vain pomp, and unnecessary ceremonies; the gross errors of Popery and Arminianism inposed upon us, as the doctrine of our church;. a way opened to all licentiousness; and occasion, hereby, taken to oppress and persecute

"The Lords having received a Letter from diverse of their Members, who have withdrawn themselves from their attendance in Parliament, contrary to the express Orders and commands of this House; though this affront be to their own House, and by their own Members, yet, as it concerns the safety of the kingdom, and the very being of parliament, in the consequence of it, the Lords, in that respect, thought it fit to communicate it to the Commons; that both Houses may, jointly, endeavour to prevent such practices and designs as, by the Malignant Party and the ill-affected members of both houses, may be undertaken, to the Dissolution of the Parliament, unvalidating the acts and authority thereof, or raising a power in opposition thereunto; which the Lords cannot but conceive those lords are encouraged unto by the counsels now prevailing, and the forces now raising at York; otherwise it is not imaginable, after a Vote passed by both Houses, That it appeared the king, seduced by wicked counsel, oppose these proceedings, as hath been used of all religious and conscientious men that shall intended to make war against his parliament, late. It is the conservative of the rights and they would have taken the boldness to have left the house, in contempt of the command there-injustice and oppression; whereby equal right liberties of the subject, and the corrective of of, and have gone to York; and, being summoned to appear, would have remained there notwithstanding, and have returned so slight and scornful an answer."

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is distributed to all, and every man hath that benefit and protection of justice, which is due unto him. It is that by which alone common necessities can be provided for, and public fears prevented: so that I may say, not only the

*This Speech was ordered by the Commons to be printed; and by such only as Mr. Hollis should appoint: accordingly we find, in the title thereof, this Imprimatur: I appoint that

none shall print this but Thomas Underhill. 'Denzil Hollis.' This gave occasion to the king, in one of his Declarations, afterwards, to style Mr. Hollis a Monopolist.

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peace, happiness, and well-being, but the very being of this kingdom, can have no other bottom to stand upon but the parliament, it being the foundation upon which the whole frame of the commonwealth is built.

"Therefore those who would destroy the building, apply themselves to undermine the foundation. If they can take away parliaments, or but weaken the power and authority of parliament, which is all one, (for if it once have no power, it will soon have no being) they know then all will be at their mercy, nothing will stand in their way to oppose them; but a flood of violence will run over and cover the whole surface of the kingdom, and carry away all, both present enjoyment, and future hope of religion, liberty, and whatsoever else is precious and dear unto us. And, accordingly, it hath ever been the policy of evil counsellors (who are the greatest enemies we have in the world, or can have) to strike at parliaments, keep off parliaments, break parliaments, or divide parliaments, by making factions, casting in diversions and obstructions, to hinder and interrupt the proceedings of parliament: all against the parliament. Your lordships have had experience of this truth in this parliament; a succession of designs upon it: first to awe it, and take away the freedom of it by the terror of an army; then to bring force against it, actually to assault it, and, with the sword, cut in sunder this only band, which ties and knits up king and people, the people among themselves, and the whole franie of this government, in one firm, and, I hope, indissoluble, knot of peace and unity.

through this likewise; and though the night had been black and stormy, some day began to appear: miraculously our arms have prospered in Ireland, and, God be praised, the malevolent practices of these vipers at home, as they appeared, were in some sort mastered; and the parliament began to act and operate towards the settling of the great affairs both of church and state, and providing for the defence and safety of this kingdom, against either foreign invasion, or any stirring of the disaffected party among themselves. Then three ways are together essayed for the weakening and invalidating the proceedings and power of the parliament, and making way for the utter subversion of it. One, Force is gathered together at York, under pretence of a Guard for his majesty's person, to make an opposition against the parliament; and, by a strong hand, to support and protect delinquents, so as no order of parliament can be obeyed, but on the other side slighted and scorned; so to make the parliament of no reputation, to be but Imago Parliamenti,' a mere shadow, without substance, without efficacy. Another, To send out, in his majesty's name, (and as Declarations and Messages from him) bitter invectives against the parliament, to perplex it, and engage it, in the expence of time, to answer them; and besides, cunningly to insinuate and infuse into the people, by false colours and glosses, a disopinion and dislike of the parliament; and, if it be possible, to stir up their spirits to rise against it, to destroy it, (and, in it, all other parliaments) to the ruin of themselves, their wives and children. The third Plot, is, The members are drawn away, and persuaded to forsake their duty and attendance here, and go down to York; thereby to blemish the actions of both houses, as done by a few and inconsiderable number, and rather a party than a parliament; and, perhaps, to raise and set up an anti-parliament there.

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"God diverted those designs, and did blow upon them; presently another is set upon, which was to obstruct and hinder our proceedings, that, in the mean time, the flame of rebellion might consume the kingdom of Ireland; and distempers, distractions and jealousies be fomented here at home, to tear out the bowels of this kingdom; the parliament being disabled "My Lords, this is now the great design from helping it, by occasion of so many diver-whereby they hope, by little and little, the parsions, so much business cut out unto it, many obstructions and difficulties; especially that great one from which all the rest receive countenance and support, his majesty's absenting himself, and not concurring with us; thus with drawing both his presence and influence; by ch means such remedies could not be apas were necessary; and what was done, one with infinite trouble to the parlia, and excessive charge to the subject, doutreble, what otherwise would have served turn: so the subject is grieved and op-sed with charge, and the blame of all is upon the parliament; and the parliament unjustly said to be the cause of all those evils, which the authors of them had made so great; and so confirmed and secured by the frequent interruptions of the parliament, that they could not suddenly, nor easily, be suppressed or re

moved.

"Well, but, by God's infinite blessing, the parliament was in a fair possibility to wade

:

liament shall even bleed to death, and moulder to nothing, the members dropping away, one after another; a desperate and dangerous practice, and as your lordships well observed (when you were pleased to communicate this business to us) an effect of the evil counsels now prevailing, and tending to the dissolution of the parliament of this parliament, which, under God, must be the preserver of three kingdoms, and keep them firm and loyal to their king, subject to his crown, save them from being turned into a chaos of disorder and confusion, and made a dismal spectacle of misery and desolation: this parliament, which is the last hope of the long-oppressed, and in other countries, even almost wholly destroyed, Protestant religion: this parliament, which is the only means to continue us to be a nation of freemen, and not slaves, to be owners of any thing; that we may call our wives, our children, our estates, nay our bodies our own: in a word, which must stand in the gap to prevent

an inlet and inundation of all misery and confusion.

parliament.'-And the house, in further prosecution of their duty in this particular, and in pursuance of their Protestation, which obliges them to endeavour to bring to condiga punishment all such high offenders against not only the privileges, but the very essence of parlia

and desire that speedy and exemplary justice may be done upon them.

"My lords, this parliament they desire to destroy; but I hope it will destroy the destroyers, and be a wall of tire to consume them as it is a wall of brass to us, to defend king and kingdom, us, and all we have. Your lord-ment, have sent ine up to impeach these Lords, ships wisely foresaw this mischief, and as wisely have endeavoured to prevent it, by making your Orders, to keep your members here; as "And, accordingly, I do here, in the name that of the 9th of April, and several other Or- of the knights, citizens and burgesses of the ders enjoining them all to attend; thereby re- Commons house assembled in parliament, and straining them from repairing to York, where in the name of all the Commons of England, the clouds were observed to gather so fast, and impeach Spencer earl of Northampton, Wilthreaten a storm, and such preparations to be liam earl of Devonshire, Henry earl of Dover, made against the parliament that it necessitat- Henry earl of Monmouth, Charles lord Howard ed both houses to pass a vote: That the of Charlton, Robert lord Rich, Charles lord king, seduced by wicked Counsel, intended to Grey of Ruthen, Thomas lord Coventry, and make war against the parliament; and all who Arthur lord Capel, for these high Crimes and shall serve, or assist, in such wars, are declared | Misdemeanors following, viz. For that contrary to be traitors,' which Vote passed the 20th of to their duty, they being peers of the realm, May; so setting a mark upon that place, and and summoned by writ to attend the parliadeclaring their opinion concerning those who ment; and contrary to an Order of the house should at this time resort thither.-Yet now, in of peers of the 9th of April last, and several such a conjuncture of time, when the kingdom other Orders, requiring the attendance of the had never more need of a parliament, and the members of that house; and after a Vote pass Parliament never more need of all the helped in both houses the 20th of May last, That and assistance of the best endeavour and advice of every member; the safety, aud even the being, of the three kingdoms depending upon it; after such Orders and commands of your lordships house to the contrary; such a Vote of both houses; and expressly against their duty, being called thither by writ, under the Great Seal; which is the king's greatest and highest command, and not controulable, nor to be dispensed with, by any other command from him whatsoever; and called to treat and consult de arduis regni, the great, urgent, and pressing affairs of the kingdom, never more urgent, never more pressing: notwithstanding all this, these lords, the earls of Northampton, Devonshire, Dover, and Monmouth, the lords Andover, Rich, Grey, Coventry, and Capel, have left their stations, withdrawn themselves, and are gone to York; and being summoned to appear by an Order of the 30th of May, instead of obedience, return a refusal, by a slighting and scornful Letter, which hath been so adjudged both by your lordships and the house of commons.

the king, seduced by wicked counsel, intended to make war against the parliament, and that whosoever served or assisted him in that war, was adjudged a Traitor;' did notwithstanding, afterwards, in the same month of May, contemptuously, having notice of the said Votes and Orders, withdraw themselves from the said house of peers, and repair to the city of York ; where the preparations of the said war were, and yet are, in contrivance and agitation, they knowing of such preparations; and be ng, by an Order of the 30th May, duly summoned by the house of peers, to make their appearance before that house upon the 8th day of June instant, they refused to appear; and returned a scornful answer, by a Letter under their hands directed to the Speaker of the lords house, and remaining there upon record. For which Crimes and Misdemeanors, to the interruption of the proceedings of parliament and great affairs of the kingdom: tending to the dissolu tion of the parliament, and disturbance of the peace of the kingdom; I am commanded, in the name of the said Commons, to demand of "My lords, the house of Commons hath like- your lordships, That the said Lords may be wise, upon the consideration and debate of this forthwith put to their Answer, and receive business, finding it so much to concern the speedy and exemplary punishment, according safety of the kingdom and the very being of the to their demerits: The Commons saving to parliament, passed this Vote :-That the De- themselves liberty, at all times bereafter, to exparting of these Nine Lords from the parlia-hibit any other or further Impeachment or Acment, without leave, after such time as both cusation against the said Lords, or any of houses had declared, That the king, seduced them." by wicked counsel, intended to make war against the parliament; and their still continuing at York, notwithstanding their summons and command, is a high affront and contempt of both houses; and that the said lords, therein, did as much as in them lay, that the service of the parliament might be deserted, and are justly suspected to promote a war against the

Ordered, That the impeached Lords should have notice to answer in 16 days time. And both the houses agreed to recal their joint committee which they had sent to the king at York.

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