DIE Mercurii, 29 die Aprilis.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Johannes Ds. Robertes, Custos Privati Sigilli.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes Manchester, Camerarius Hospitii.
Vicecomes Say & Seale.
Ds. Berkley de Berk.
Ds. Arundell Ward.
Ds. Howard de Ch.
Ds. Howard de Esc.
Ds. Herbert de Ch.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Arundell de Trer.
Bill to continue the one against seditious Conventicles.
vice lecta est Billa, "An Act for continuance of a former Act, to prevent and suppress seditious Conventicles."
Sir W. Penn's Answer to the Articles of Impeachment against him.
This Day Sir William Pen, according to the Order of
this House the 27th Instant, being appointed to put in
his Answer to the Impeachment of the House of Commons against him, was brought to the Bar, by the Gentleman Usher, and having kneeled until the Lord Keeper
commanded him to stand up, he humbly presented his
said Answer; which was read, as followeth:
"The humble Answer of Sir William Penn Knight,
Defendant, to the Articles of Impeachment
exhibited against him by the Commons of
England assembled in Parliament, in the
Name of themselves and of all the Commons of England, for several High Crimes
and Misdemeanors committed by him.
"The said Defendant, by Protestation, saving to
himself all Advantages of Exceptions that may be
taken to the manifold Incertainties and Insufficiencies
of the said Articles of Impeachment, for Answer to so
much thereof as he this Defendant is advised is any
way material for him to make Answer to:
"To the First Article of the said Impeachment, (doth
say,) That he this Defendant is not guilty of any
Crime objected against him in the said First Article.
"To the Second Article of the said Impeachment, he
this Defendant faith, That, on or about the Fourteenth
Day of the said Month of September, this Defendant did
go on board the said Slothany, in Company of the
said Sir William Berkeley, being required so to do by
the said Earl of Sandwich; but doth deny that he
did then, or at any other Time, go on board the said
Slothany on Pursuance of the said Conspiracy in the
said First Article of the said Impeachment mentioned,
or that he this Defendant did command the said Captain Worden to give Way to, or permit, the said Sir
William Berkley to take away any of the said Goods,
or that this Defendant sent any Men on board the said
Slothany, to assist the said Sir William Berkley in breaking open the Hatchways of the said Ship, and taking
out of the said Ship and carrying away any Bales of
Silk, Mace, or other Goods whatsoever.
"To the Third Article of the said Impeachment, this
Defendant doth answer and say, That true it is, that
Nineteen Bales and One Half of Silk, Ten Bales of
Cinnamon, Twelve Cernes of Mace, Two Bags of
Nutmegs, Eight Bags of Pepper, and One Puncheon
of Cloves, did, some Time after the same were taken
out of the said Phænix, or the said Slothany, by Way
of Distribution among the Flag Officers, (fn. *) come into
the Hands and Possession of him this Defendant, and
were by him, as his Share and Proportion, sold and
converted by him this Defendant to his own Use, by
virtue of the said Orders of the said Earl of Sandwich, bearing Date the Fifteenth and One and
Twentieth of September One Thousand Six Hundred
Sixty Five, in the Fourth Article of the said Impeachment mentioned; and by virtue of His Majesty's
said Warrant, dated the Seventeenth of October, One
Thousand Six Hundred Sixty Five, in the said Fourth
Article likewise mentioned; and by virtue of His
Majesty's Letters of Privy Seal, bearing Date the
Twenty Sixth Day of January, in the Seventeenth
Year of His Majesty's Reign: But this Defendant
doth deny that he had or sold, to his own Use, any
other Goods than those abovementioned; or that the
said Goods, so by him sold, were taken out of the
said Phænix, or the said Slothany, by him this Defendant, or any other Person or Persons by his Appointment or Procurement.
"To the Fourth Article of the said Impeachment,
this Defendant answers, That the said Orders of the
Earl of Sandwich, in the said Fourth Article of the
said Impeachment mentioned, were not obtained from
the said Earl by this Defendant, or by the Procurement of this Defendant, to colour any Fraud or Embezzlement done or committed by him this Defendant,
or for any Purpose whatsoever. And this Defendant
doth deny that His Majesty's Warrant, in the said
Fourth Article of the said Impeachment mentioned,
was by him this Defendant, or by any other Person
by his Direction, procured from His Majesty. And
this Defendant doth further deny that he, or any
other by his Appointment, did take the said Four
Bales or Eight Suckles out of the said Phænix, or the
said Slothany, or that he did sell or dispose of the
same, or any Part thereof, to his own Use, Benefit,
or Advantage. And this Defendant doth deny that
he did take, sell, or dispose of, any greater Quantity
of Goods than was contained either in the said Order
of the said Earl of Sandwich, or His Majesty's said
Warrant in the said Fourth Article mentioned, other
than is in this Defendant's Answer to the Fourth Article of the Impeachment (fn. *) expressed. Without that,
that any other Matter, Thing or Things, Article, or
Allegation, in the said Articles of Impeachment contained, material or effectual in the Law to be answered unto by this Defendant, and not here in this his
Answer sufficiently answered to, confessed, and avoided, denied, or traversed, is true.
"All which Matters he this Defendant is ready to
prove, as this High and Honourable Court
Then the Lord Keeper asked Sir W'm Penn, whether
he owned this to be his Answer.
And he confessed and owned this to be his Answer.
It is ORDERED, That a Copy of this Answer of Sir
W'm Penn be sent to the House of Commons.
Message to H. C. with a Copy of it.
A Message was sent to the House of Commons, by
Sir John Coel and Sir Walter Littleton:
To let them know, that Sir William Penn hath this
Day put in his Answer in Writing to their Impeachment
against him; a Copy whereof the Lords have sent to
the House of Commons.
Cheek and Mildmay, concerning the Barony of Fitzwalter.
ORDERED, That Saturday next is appointed to hear
what Mr. Attorney General, or any other Counsel on
His Majesty's Behalf, shall think fit to offer, concerning
the Title to the Barony of Fitzwalter; and in case no
Counsel shall then desire to be heard, this House will
proceed to give Judgement upon what is already before
(fn. †) Scandalous Paper against the House of Peers.
ORDERED, That on Friday Morning next this House
will give a Determination in the Cause between Norden
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, primum diem Maii, 1668, hora nona Aurora,
Dominis sic decernentibus.
Hitherto examined by us,