Die Martis, 21 Aprilis, 1668.
ORDERED, That the House do sit To-morrow
in the Afternoon, to hear the Evidence touching
Lyndsey Level summed up.
A Bill for Continuance of a former Act concerning
Jurors was read the Second time.
Resolved, &c. That the Bill be committed to Sir Thomas
Gower, Sir Jo. Moreton, Sir Clifford Clifton, Sir Jo.
Brampston, Mr. Crouch, Sir Charles Harbord, Mr. Malet,
Sir Jo. Frederick, Mr. Daniell, Mr. Rigby, Sir Robert
Long, Sir John Heath, Mr Dowdeswell, Sir Jo. Birkenhead, Mr. Otway, Colonel Reames, Sir Fretchvile Hollis,
Sir Thomas Allen, Sir Robert Brookes, Mr. Buscawen, Mr.
Nasworthy, Mr. Herle, Sir Gilbert Gerrard, Mr. Pepis,
Mr. Ratcliffe, Mr. Ford, Mr. Elliott, and all the Gentlemen of the Long Robe: And all that come shall have
Voices: And are to meet this Afternoon at Two of the
Clock, in the Speaker's Chamber: And to send for
Persons, Papers, and Records.
Ordered, That the Bill for abating Interest; the Bill
for the Navy Creditors; and the Bill for ordering the
Accounts of Administrators; be read in Order as they
Preventing Export of Wool.
A Bill against the Exportation of Wool was read the
Ordered, That this Bill be read the Second time on
Ordered, That the Matter concerning the Persons in
Custody for Exportation of Wool be referred to the Committee appointed for Advance of Trade, and to prevent
the Exportation of Wool; to examine the Matter, and
report it, with their Opinions therein, to the House.
Ordered, That * Walker and * Tatham, at whose Suit,
and by whose Order and Directions a Subpæna was taken
out against Mr. Hardees a Member of this House, to
appear in the Court of Chancery, and answer a Bill there,
whilst he is attending the Service of this House, be sent
for in Custody of the Serjeant at Arms attending this
House, or his Deputy, to answer the Breach of Privilege.
Ordered, That Mr. Comptroller, Sir Geo. Downing,
Sir Jo. Duncombe, Sir Robert Long, Sir John Denham, Sir
Jo. Birkenhead, Sir Gilbert Talbott, Sir Jo. Talbott, be
added to the Committee to which the Bill for the better
rebuilding of the City of London was committed.
Money received for indigent Officers.
A Bill for the better levying of Monies payable to the
indigent loyal Officers, was read the First time.
Ordered, That this Bill be read the Second time on
Thursday Morning next.
Sir W. Penn's Impeachment.
Sir Robert Howard reports from the Committee appointed to draw up an Impeachment against Sir Wm.
Penn, several Articles of Impeachment, of High Crimes
and Misdemeanours committed by him: Which he read
in his Place.
He also reports a Precedent, in the Case of Sir Gyles
Mompeson, 27 Feb. 18° Jac.
And the Articles, and Precedent, being delivered in at
the Clerk's Table, are as followeth; viz.
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 Wm.
Penn Knight, One of the now Commissioners of his
Majesty's Navy, for several High Crimes and Misdemeanours committed by him.
I. WHEREAS in or about the Month of September,
in the Year of our Lord 1665, the Golden Phænix, and
the Slothany, 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,
under the Command of Edw. Earl of Sandwich; in which
said Fleet the said Sir Wm. Penn was then Vice Admiral,
and Commander in Chief next under the said Earl, in the
actual Pay and Service of his Majesty: He the said Sir
Wm. Penn did, contrary to his Allegiance and 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 Navy,
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, did conspire and advise with several Persons to open the Holds of the said Ships, divers and
sundry times, before Judgment thereof first passed in the
Admiralty Court; and from thence took out and imbezzled 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.
II. That the said Sir Wm. Penn, 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 Slothany, in the Company of Sir Wm.
Berkley, then Commander of his Majesty's Ship the
Swift Sure, and Vice Admiral to the White Squadron,
commanded by the said Sir Wm. Penn; and did then
and there give Order and Command unto Captain Robert
Worden (unto whose Charge the said Ship the Slothany
was then committed) to follow such Directions as he
should receive from the said Sir Wm. 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 Wm. Penn
having sent several Men on Board the said Ship the
Slothany to assist the said Sir Wm. Berkley therein.
III. He the said Sir Wm. Penn 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.
IV. The better to colour the said Fraud and Imbezzlement, Orders were obtained from the said Earl of Sandwich, bearing Date the Fifteenth and Twenty-first of September 1665, for the taking and distributing of some Part
of the said Goods among several Officers, whereof the
said Sir Wm. Penn 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
Wm. Penn very well knew, that the said Orders of him
the 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 1665, was unduly procured
from his Majesty, for distributing the said Goods;
whereas, in truth, he the said Sir Wm. Penn 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 of which Proceedings are contrary to the
Articles of War above-mentioned, and to the Laws of the
Land, and of dangerous Consequence and Example, if
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 Wm. Penn; 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 Parliament, shall require, do
pray, that the said Sir Wm. Penn may be called to answer
the said several Crimes and Misdemeanours, 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
"February 27. 18 of King James.
"Resolved, &c. That Sir Gyles Mompesson be called
in to the Bar; and Mr. Speaker let him know the Pleasure
of the House, That, for his Offences and Faults, he
shall, for the present, remain with the Serjeant; who is
required to keep him safe, at his Peril."
The Articles of Impeachment were again read.
The first Article of Impeachment was read the Second
time; and the Words "the Earl of Sandwich," upon the
Question, omitted; and the Words "with several Persons" inserted; and the Words "the said Sir Wm. Penn"
inserted, was, upon the Question, agreed.
The second Article was read the Second time; and,
with some Amendments made at the Table, upon the
Question, severally agreed.
Resolved, &c. That the said Articles of Impeachment
against Sir Wm. Penn be ingrossed.
Sir William suspended, pending Impeachment.
Resolved, That Sir Wm. Penn be suspended from sitting in the House, whilst the Impeachment against him
Precedents of Suspension &c.
Resolved, &c. That the Committee to sit this Afternoon, and search Precedents touching the Suspension or
Expulsion of Members impeached, from sitting.
Miscarriages of the War.
The House then resumed the further Consideration of
the Miscarriage in the Year 1665, in slacking Sail and
not pursuing the Dutch Fleet, contrary to the express
Order of his Royal Highness.
Sir John Harman, being called in, delivers his further
Answer and Testimony in Writing: Which was read.
Mr. Brunckard being, by Order of the House, to attend
this Day, to make further Answer to the Evidence and
Matters objected against him, in persuading and pretending to bring Orders from his Royal Highness to slack
Sail, in the Year 1665, contrary to the express Orders
given by his Royal Highness himself, in Person; and
Mr. Brunckard absenting himself, and being not to be
found near the House;
A Member expelled.
Resolved, &c. That Mr. Brunckard, for his Contempt
in not attending and giving in his further Answer to the
Evidence and Matters objected against him this Day, according to the Order of the House, made at his own
Request, and in his Favour; but waving the Justice of
the House; be expelled from being a Member of this
Ordered, That Mr. Speaker do issue his Warrant to
the Clerk of the Crown, to make out a new Writ for
electing a Member, in the stead of Mr. Brunkard, to
serve for the Cinque Port of New Rumney.
Sir John Harman was called in; and examined to some
Captain Cox was called in; and examined to some
The whole Matter being debated;
Resolved, &c. That Sir John Harman be discharged
of this Commitment to the Serjeant at Arms attending
Resolved, &c. That this House is satisfied, that Mr.
Brunckard is guilty of bringing pretended Orders from
his Royal Highness to Sir John Harman, commanding
the lowering the Sails in the June Engagement 1665.
Resolved, &c. That the bringing these Orders to Sir
John Harman was one Cause of the Non-prosecution of
Mr. Brunckard impeached.
Resolved, &c. That Mr. Brunckard be impeached for
this Misdemeanour: And it is referred to the Committee
formerly appointed, that drew up the Impeachment
against Sir Wm. Penn, to prepare and draw up the Impeachment against Mr. Brunckard.
Resolved, &c. That the further Debate of this Matter
Ordered, That all Committees, that were to sit this
Afternoon, be adjourned.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.