House of Lords Journal Volume 12: 24 April 1668

DIE Veneris, 24 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt

PRAYERS.

Lucy's Bill.

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 Amendments"

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 House"

The said Amendments, being read Twice, were Agreed to, and the Bill is ordered to be engrossed, with the said Amendments

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 Adjournment"

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 whole House

Lucy s Bill

Hodie 3^a 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 pass?"

It was Resolved in the Affirmative.

Paston and Tenants of Horton Bill

Hodie 3^a 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 pass?"

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 Particulars

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 their Perils.

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:

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:

Answer.

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.

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 him.

"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 Goods.

"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 a War.

"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 chief.

"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 followeth:

"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 Berkley therein.

"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 Sale thereof.

"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, or thereabouts.

"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 Justice."

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 next.

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 Doings:"

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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 27^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.