DIE Veneris, 24 die Aprilis.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke
Epus St. David's.
|Sir Orlando Bridgman, Miles et Bar Ds. Custos Magni Sigilli.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ
Edwardus Comes Manchester, Camerarius Hospitii.
Vicecomes Say & Seale.
|Ds.Arlington, One of the Principal Secretaries of State.
Ds.Berkley de Berk.
Ds.Arundell de Ward.
Ds.Howard de Charlt.
Ds.Howard de Esc.
Ds.Herbert de Cherb.
Ds.Berkley de Strat.
Ds.Arundell de Trer.
The Marquis of Worcester reported, "That the Com
mittee have considered the Bill for confirming of the
Settlement of the Estate of Sir Kingsmill Lucy, &c
and do think it fit to pass as it is, without any
Hereupon it is ORDERED, That the said Bill be engrossed
Woollen Manufacture Bill.
The Duke of Richmond reported, "That the Com
mittee have considered the Bill for the better regu
lating the Manufactures of Broad Woollen Cloths,
&c and have made some Amendments therein,
which are offered to the Consideration of this
The said Amendments, being read Twice, were Agreed
to, and the Bill is ordered to be engrossed, with the
Message from the King concerning an Adjournment.
The Lord Keeper acquainted this House, "That His
Majesty, by His former Message, thought fit to ac
quaint their Lordships, That He intended this present
Session should determine on Monday the 4th Day of
May next, but, finding that the Proceedings in many
important Businesses now under Agitation would be
lost if there should be a Session, and that many
Things not yet foreseen may happen to induce Him
to call their Lordships together before Winter, His
Majesty hath now thought fit to acquaint then Lordships, that He intends only an Adjournment for about
Three Months, and desires their Lordships to perfect
such Bills as may be made ready by the Fourth of
May, so that He may give His Royal Assent before the
Bill against Atheism, &c.
ORDERED, That the Bill against Atheism and Pro
faneness, &c shall be taken into further Consideration on Tuesday Morning next, by a Committee of the
Lucy s Bill
vice lecta est Billa, "An Act for confirming
of the Settlement of the Estate of Sir Kingsmill Lucy
Baronet, in the said Act mentioned, and for transferring over some Part of the Real Estate of Sir
Richard Lucy Knight and Baronet, deceased, from
Francis Lucy Esquire"
The Question being put, "Whether this Bill shall
It was Resolved in the Affirmative.
Paston and Tenants of Horton Bill
vice lecta est Billa, "An Act to confirm an
Agreement between William Paston Esquire, Lord of
the Manor of Horton, and the Tenants of the same
Manor, for an Enclosure of Part of the Wastes of the
said Manor, for the Preservation and Growth of
Wood and Timber"
The Question being put, "Whether this Bill, with
the Amendments and Proviso now read, shall
It was Resolved in the Affirmative
Message to H C with it, and Lucy s
A Message was sent to the House of Commons, by
Sir William Glascock and Dr. Crofts, consisting of these
1. To deliver the Bill concerning the Settlement of
the Estate of Sir Kingsmill Lucy, and desire Concurrence to it
2. To return them the Bill concerning Mr. Paston,
wherein the Lords have made some Amendments, and
added a Proviso; to which their Concurrence is desired.
Ducket and Wallis versus Ash, Webb, & al. for taking away Chiver, their Ward.
Upon reading the humble Petition of William Duckett
Esquire, and John Wallis Gentleman; shewing, "That
they being, by the Will of Seacole Chiver Esquire,
made Guardians of the Person and Estate of Henry
Chiver, his Son and Heir; which Henry Chiver being
still an Infant, whose Estate is very considerable, hath
for divers Years last past been eloigned from the Petitioners, by James Ash of Fifeild in the County of
Wilts Esquire, Nicholas Webb of the City of Gloucester
Apothecary, Richard Baugh of Twining in the County of Gloucester Esquire, William Kimberley of Bromesgrove in the County of Worcester, and one Thomas
Baston, notwithstanding the Petitioners have procured
divers Writs of Execution of several Decrees and Orders of the Court of Chancery to be served on the
said Persons, for the Delivery of the said Infant into
the Custody of the Petitioners his Guardians:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Ash,
Nicholas Webb, Richard Baugh, William Kimberley, and
Thomas Baston, be, and are hereby, required to make
their respective Personal Appearances, at the Bar of this
House, on Saturday the Second Day of May next, at Ten
of the Clock in the Forenoon; and that they, or some
of them, bring, or cause to be brought, the Body of
the said Henry Chiver the Infant, at the same Time, to
be disposed of as this House shall think fit: And hereof
they may not fail, as they will answer the contrary at
Selwood, L. Byron's Servant, arrested:
Upon Oath made at the Bar of this House, by Dorothy Selwood and John Hall, "That Samuell Selwood,
menial Servant to the Lord Byron, a Peer of this
Realm, is arrested, by Richard Ford and Benjamin
Crooke Bailiffs, and is detained Prisoner in the Prison
of Newgate, contrary to the Privilege of Parliament,
notwithstanding that the Lord Byron's Protection
granted to his said Servant Samuell Selwood was
shewed to the said Foord and Crooke:"
Ford and Crooke to be attached.
It is ORDERED, That the Serjeant at Arms attending
this House, or his Deputy, shall forthwith attach the
Bodies of the said Richard Ford and Benjamin Crooke,
and bring them in safe Custody to the Bar of this House,
to answer their said Offences: And this shall be a sufficient Warrant in that Behalf.
It is further ORDERED, That the Keeper of Newgate, or his Deputy, shall bring the Body of the said
Samuell Selwood to the Bar of this House on Monday
next, at Ten of the Clock in the Forenoon.
Bill against Duels.
The House was adjourned into a Committee, to consider of the Bill against Duels.
The House being resumed;
The Earl of Bridgwater reported, "That the Committee desires that a Select Committee may be appointed, to consider the Bill against Duels, &c. and
to make it fit to pass, according to the Intent of the
Title; and to offer any Thing else in order thereunto; and to report the same to the House."
Which was Agreed to; and these Lords following
were named for that Purpose:
Duke of Bucks.
L. Great Chamberlain.
Ds. Berkley Berk.
Ds. Howard Ch.
Ds. Arundell Trer.
Their Lordships, or any Five of them; to meet on
Monday next, at Three of the Clock in the Afternoon, in the Prince's Lodgings.
Message from H. C. for a Conference about Sir W. Penn.
A Message was brought from the House of Commons,
by Sir Robert Howard Knight and others:
That he was commanded by the House of Commons
to desire a Conference, touching Articles of Impeachment against Sir William Penn.
The Answer returned was:
That the Lords have considered of their Message,
and agree to give a Conference, as is desired; and do appoint the same to be presently, in the Painted Chamber.
The L. Chamberlain,
E. of Bridgwater,
E. of Bristol,
E. of Anglesey,
|Ds. Berkley Berk.
Ds. Arundell Trer.
Were appointed to report this Conference with
the House of Commons.
Then the House was adjourned during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
Report of the Conference.
And the Lord Chamberlain, the Earl of Anglesey, and
the other Lords appointed, reported the Effect of the
aforesaid Conference; "which was managed by Sir Robert Howard, who acquainted their Lordships with
the Occasion of this Conference, which would shew
itself in the Mention of the Crime. The Accident
was in September, 1665, when there was an Offer of
the greatest Happiness to this Kingdom, if we had
had Courage or Wisdom to have made Use of it: But
a Bribe was interposed by Fortune; Two rich Ships,
The Golden Phænix and The Slothany, belonging to the
Dutch East India Company: This stopt the Victory;
and Sir William Penn looked upon something better,
as he counted, than Danger, the Plunder of the said
Two Ships, of which a great Part was distributed to
"The Pretence of Excuse was, that he had the
Command of a superior Officer for what he did; and
something there was of this: But this should not make
one forget his Allegiance to his Prince, and Good of
his Country; if any Officer would attempt a Fact so
contrary to his Duty, and the Laws of the Land, even
a Law of this Parliament. After he had seized the
Goods, he sold them, and (which shewed the Unjustifiableness of the Action in the Opinion of both
Buyers and Seller) was fain to warrant the Sale; yet
all was done with this Caution, that the Sale should
be good, if the King should allow it. And afterwards Sir William Pen addressed himself to the King,
for an Order of Gift of those Goods he had sold and
disposed before; which was obtained. The Goods
consisted of divers Bales of Silks, Nutmegs, and rich
Spices. First he plundered, and then cheated the
King; for the King granted, on his and others
Application, a Distribution after they had distributed
"The House of Commons think such Corruptions
and Mal-administrations of those Men have drawn
on the Miseries and Necessities of our Nation, and
produced but an inglorious Success at best, after the
vast Expence of the Kingdom in so just and hopeful
"He said, This shews the impartial Justice of the
House of Commons stops no where, that they spare
not their own Members, but proceed against them in
"Then Sir Robert Howard read the Articles against
Sir William Pen; and after he said, he had forgot One
Thing he intended to say, which the Close of the
Articles reminded him of, That if many such Conspiracies should escape unpunished, it may be more
powerful to destroy the King and Kingdom, than all
Counsels and Assistances to preserve them."
This Report being ended, the Articles were read, as
"Articles of Impeachment, by the Commons of
England assembled in Parliament, in the
Name of themselves and of all the Commons of England, against Sir William Pen
Knight, One of the now Commissioners of
His Majesty's Navy, for several High Crimes
and Misdemeanors committed by him.
Articles of Impeachment against Sir William Penn.
"1. First, Whereas, in or about the Month of September, in the Year of our Lord One Thousand
Six Hundred Sixty-five, The Golden Phænix and
The Slothony, Two Ships belonging to the Subjects
of The United Provinces of the Netherlands, were
taken at Sea as Prize, during the late War, by His
Majesty's Fleet then under the Command of Edward Earl of Sandwich, in which said Fleet the said
Sir William Pen was the Vice Admiral, and Commander
in Chief under the said Earl, in the actual Pay and
Service of His Majesty; he the said Sir William Pen
did, contrary to his Allegiance, Duty, Commission,
and the Articles of War established by an Act of
this present Parliament made in the Thirteenth Year
of His Majesty's Reign that now is, intituled, "An
Act for the establishing Articles and Orders for the
regulating and better Government of His Majesty's
Navies, Ships of War, and Forces by Sea, and other
good Laws of the Land," for his singular Lucre, and
with Intent to share the same, conspire and advise
with several Persons, to open the Holds of the said
Ships, divers and sundry Times, before Judgement
thereof first passed the Admiralty Court, and from
thence to take out and embezzle great Quantities of
rich Goods, whereby His Majesty was defrauded to
the Value of One Hundred and Fifteen Thousand
Pounds, or thereabouts, besides great Quantities of
Jewels and other rich Commodities, of which no certain Estimate can be made.
"2. Secondly, That the said Sir William Pen, in Pursuance of the said Conspiracy, did, on or about the
Fourteenth Day of the said Month of September, repair on board the said Prize Ship The Slothony, in the
Company of Sir William Berkley, then Commander of
His Majesty's Ship The Swiftshure, and Vice Admiral
to the White Squadron commanded by the said Sir
William Pen, and did then and there give Order and
Command unto Captain Robert Worden, unto whose
Charge the said Ship The Slothony was then committed, to follow such Directions as he should receive
from the said Sir William Berkley; who immediately
thereupon caused the Hatchways of the said Ship to
be broke open, and took out of the said Ship several
Bales of Silk, Mace, and other Goods to a great
Value, and carried them away; and afterwards, at
several other Times, caused the Hatchways of the
said Ship to be broken open, after they were closed
and sealed up; at every of which Times he took and
carried away great Quantities of rich Goods, he the
said Sir William Pen having sent several Men on board
the said Ship The Slothony, to assist the said Sir William
"3. Thirdly, He the said Sir William Pen got a considerable Part of the said Goods into his Possession,
and converted them to his own Use; and, on or
about the latter End of the said Month of September, or
the Beginning of October then following, did sell divers
Parcels of the said Goods, and further warranted the
"4. Fourthly, The better to colour the said Fraud
and Embezzlement, Orders were obtained from the
said Earl of Sandwich, bearing Date the Fifteenth
and One and Twentieth of September, One Thousand
Six Hundred Sixty-five, for the taking and distributing of some Part of the said Goods among several
Officers, whereof the said Sir William Pen was One,
and had a great Proportion thereof allotted to him,
submitted, as was pretended, to His Majesty's further
Pleasure; although he the said Sir William Pen very
well knew that the said Orders of him the said Earl
of Sandwich were void, and contrary to the Commission of the said Earl, the Articles of War, and the
Law of this Land; and afterwards a Warrant, dated
the Seventeenth of October, One Thousand Six Hundred Sixty-five, was unduly procured from His Majesty for distributing the said Goods, whereas in
Truth he the said Sir William Pen had before the said
Warrant of His Majesty, possessed himself of divers
of the said Goods, and sold and warranted the same,
as in the Third Article is expressed; and further did
take, sell, and dispose of, a far greater Quantity of
Goods than was contained either in the Orders of the
said Earl of Sandwich or His Majesty's said Warrant,
to the Value of Two Thousand Eighty-five Pounds,
"All and every which Proceedings are contrary
to the Articles of War abovementioned, and
to the Laws of the Land, and of dangerous
Consequence and Example if unredressed.
"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 William Pen, and also of replying to the Answer of the said Articles,
or any of them; or of offering Proofs of
the Premises, or any other Impeachment
or Accusation that shall be exhibited by
them, as the Case (according to the Course
of Parliaments) shall require; do pray, That
the said Sir William Pen may be called to
answer the said several Crimes and Misdemeanors, and receive such condign
Punishment as the same shall deserve;
and that such further Proceedings may
be upon every one of them had and used
against him as is agreeable to Law and
Upon this, the Lords made this following Order:
Sir Wm. Penn to attend at the Bar.
"Whereas, at a Conference desired by the House
of Commons, and had this Day in the Painted
Chamber, between Committees of both Houses, Articles of Impeachment, by the Commons of England
assembled in Parliament, in the Name of themselves,
and of all the Commons of England, against Sir
William Pen Knight, One of the now Commissioners
of His Majesty's Navy, for several High Crimes and
Misdemeanors committed by him, were transmitted
from the House of Commons to this House: It is
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the said Sir William Pen
be, and is hereby, required to appear at the Bar
of this House, on Monday the 27th Day of this
Instant April, at Ten of the Clock in the Forenoon,
to hear the said Articles of Impeachment against
him read, and that he the said Sir William Pen may be
heard what he shall say for himself thereupon."
Committee to search Precedents concerning Impeachments on Misdemeanors.
ORDERED, That the Committee for Privileges do
meet To-morrow in the Afternoon, to peruse the Journals, and see what hath been the Manner of Proceedings formerly against Persons that have been impeached
by the House of Commons upon Misdemeanors, and
make Report thereof to this House on Monday Morning
Verrells. E. of Dorset's Servant, arrested.
Upon Complaint made to this House, "That John
Verrells, menial Servant to the Earl of Dorsett, a Peer
of this Realm, and so owned to be by his Lordship,
was, on Sunday the 12th Day of April Instant, arrested, at the Suit of Thomas Weston, by the Servants
of Mr. Palmer, a Sheriff's Bailiff, who, being warned
to be careful of what they did, did notwithstanding detain him Three Hours, and justified their
Weston and Palmer sent for.
It is thereupon ORDERED, That the said Thomas
Weston and Mr. Palmer be, and are hereby, required
to appear at the Bar of this House, on Saturday the
Second of May next, at Ten of the Clock, to answer
their said Offences; and hereof they may not fail.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 27um diem instantis Aprilis, hora decima Aurora,
Dominis sic decernentibus.