'domus muris intergerinis concluderentur, universæ in frontem pari altitudine consurgerent omnesque parietes saxo quadrato aut cocto latere solidarentur; utique ne'mini liceret ultra septennium ædificando 'immorari. Ad hæc litis de terminis orituras lege lata præsidit; adjecit quoque < supplicationes annuas, et ad æternam posteriorum memoriam H. C. P. C. Festinatur undique, resurgit Londinum- majori cele ❝ritate an splendore incertum; unum triennium absolvit, quod sæculi opus credebatur.' On the North Side. 'mesis ripam ad Templariorum fanum, illinc ab euro-aquilonali porta secundum muros 'ad fosse Fletane caput, perrexit; adversus opes civium, et fortunas infestum, erga vitas innocuum, ut per omnia referret supremam 'illam mundi exustionem. Velox clades fuit; exiguum tempas eandem vidit civitatem fio'rentissimam et nullum. Tertio die, cum 'jam plane evicerat humana consilia, et sub'sidia omnia, cœlitus, ut par est credere, jus'sus, stetit fatalis ignis, et quaquaversum 'elanguit. [Sed furor papisticus, qui tam 'dira patravit, nondam restinguitur.] Round the Pedestal. Anno Christi C1ODCLXVI. Die IV. Nonis Septembris, hinc in orientem, pedum cc intervallo (quæ est hujusce columnæ altitudo) erupit de media nocte incendium, quod, vento spirante, hausit etiam longinqua, et partes per omnes populabundum ferebatur cum impetu et fragore incredibili; xXCIX Templa, Portas, Prætorium, des publicas, Ptochotrophia, scholas, bibliothecas, in'sularum magnum numerum, domuum ccrɔ 6 0000000cc, vicos CD absumsit: de XXVI regionibus xv funditus delevit, alias VIII ' laceras et seminstas reliquit. Urbis cadaver " -London's column pointing to the skies, ' ad CDXXXVI jugera, hinc ab arce, per Tha-Like a tall Bully lifts its head and lies." This Pillar was set up in perpetual remem'brance of the most dreadful Burning of this and malice of the Popish Faction, in the beCity; begun and carried on by the treachery 1666, in order to the effecting this horrid Plot, ginning of September, in the year of our Lord and English Liberties, and to introduce Pofor the extirpating the Protestant Religion, pery and Slavery.' To which Pope alludes in his opening of the story of Sir Balaam: 225. Proceedings against PETER PETT, Gentleman, upon an Im-、 peachment for several High Crimes and Misdemeanors: 20 CHARLES II. A. D. 1668. November 13, 1667. after delivered the same in at the clerk's table. pointed to inquire into Miscarriages, against Commissioner Pett, late one of the CommissionA REPORT being made to the House of Com-ers of his majesty's navy: which he read; and mons by Sir Robert Brookes, from the Committee of Miscarriages, in reference to Commissioner Pett; Resolved, &c. "That the matter concerning Commissioner Pett be recommitted to the committee appointed to inquire after the Miscarriages of the late War; to hear such witnesses, as shall be offered to them; and to expedite their report." November 14. A motion being made, and a debate arising, upon the vote made yesterday, for recommitting the matter concerning Commissioner Pet to the Committee appointed to inquire after Miscarriages, to hear such witnesses as should be offered, and exp dite their report; Resolved &c. "That leave be given to speak against the Order made yesterday, concerning Com missioner Pett.-That the Order made yesterday, concerning Commissioner Pett, be dis charged. That it be referred to the committee appointed to examine Miscarriages to draw up an Impeachment against Commissioner Pett, upon the whole matter before them.” November 28. Sir Robert Brookes reports Articles of Impeachment agreed on by the committee ap VOL. VI. ARTICLES OF IMPEACHMENT of several High December 19.. The Articles of Impeachment against Peter Pett gentleman were severally agreed to; and are as followeth, viz. "I. That the said Peter Pett, being one of the Commissioners of the Navy, especially authorized and intrusted with the charge and care of his majesty's yard stores, and provisions, and the Navy royal, at Chatham; and having received orders from his royal highness the duke of York, Lord High Admiral of England, about the 26th day of March, requiring him, in pursu ance of his trust, to bring and moor his majesty's ship, called the Royal Charles, and other ships did, contrary to his trust and orders, wilfully neglect and refuse so to do: whereby the said ship, being one of the most important strength, of this kingdom, became lost, and made a prey to the enemy. "II. That his majesty having, upon the 11th of June last, appointed the duke of Albemarle Captain General of all his majesty's Armies and 3 K land forces, to repair to Chatham, upon the invasion of the Dutch, to secure his majesty's ships and forts there; he the said Lord General did repair thither on the 11th of June: where, finding the said Royal Charles not brought up, but lying below, in a place of danger, subject to be surprized by the enemy who had then invaded the kingdom, and entered into the rivers Thames and Medway, he the said Lord General gave present orders to the said Mr. Pett, to. cause the ship to be immediately brought up as high as he could, into a place of safety: but he the said Pett altogether neglected the doing thereof. " III. That captain Brookes, one of the masters attendants at Chatham, under the care and direction of the said Peter Pett, knowing that the said Lord General had given express orders, on the said 11th day of June, to cause the said Royal Charles to be brought up, did prepare anchors, and other tackling, ready for the same; and desired the said Pett to give him orders for his so doing: which he refused so to do. "IV. That his royal highness having given orders to the said Peter Pett to provide, and make ready, thirty boats for the defence of the said river, and navy; he the said Peter Pett, contrary to his trust, did not only himself misemploy some of the said boats, for the carrying away of his own particular goods but suffered the rest to be, in the like manner, misemployed and diverted; and did also seize, and take away, a boat, particularly belonging to Sir Edward Sprague; so that, for want of the said boats, many of his majesty ships were lost, and the defence and security of the rest was hindered. "V. That the commissioners of his majesty's navy having, by their letter of the 4th of June signified to him, the said Peter Pett, that the Dutch were out; and thereupon, gave him special charge to command all captains on land to their ships; and to be vigilant and careful in the rest of the charge committed to him; but he the said Pett was so negligent therein, that, of 800 persons, or upwards, that were under his care and command in his majesty's pay, when the Lord General repaired thither the said 11th of June, there were not above ten ready, upon the invasion of the enemy. "VI. That the said Lord General having appointed soldiers to raise batteries for the defence of his majesty's navy royal, there being few of those in his majesty's pay in his yards, to be employed; he the said Pett, to obstruct the service, refused to give them the number of tools required for the use aforesaid; notwithstanding that he had a sufficient quantity in his majesty's stores; as it appeared, when, by command of the said Lord General, the said stores were broke open. "VII. That the said Lord General having about the said 11th day of June, sent orders to the said Peter Pett to send, out of his majesty's yards, some oaken planks for the platforms and batteries, to oppose the enemy; he the said Peter Pett sent only deal boards: which were very prejudicial for the service; for that, upon the discharge of the guns, the carriages broke through the planks; notwithstanding that there were in his majesty's yard there, several oaken planks, fit for their service." A Petition of Peter Pett gentleman was read. Ordered, That the lieutenant of the Tower have leave to repair to the council; and acquaint them, that this house, upon reading the should have his liberty, on good bail, if the petition of Peter Pett gentleman, is content he council think fit. April 23, 1668. Resolved, &c. That the Articles against Peter Pett be ingrossed. May 4. Articles of Impeachment against Peter Pett ingrossed, were read; and, upon the question, severally agreed to; And the title of the said Articles, and also the close of them, being altered, and some additions made thereto; the title, and close, and prayer of the Articles were as followeth; viz., of England assembled in parliament, in the "Articles of Impeachment, by the Commons name of themselves, and of all the Commons of England, against Peter Pett gentleman, late for several high-crimes and misdemeanours oue of the commissioners of his majesty's navy, cominitted by him. "All and every of which Crimes and misdemeanours are of dangerous consequence and example, if unredressed. saving to themselves the liberty of exhibiting "And the said Commons by protestation, at any time hereafter, any other accusation or impeachment against the said Peter Pett; 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 the case, according to the course of parliaaccusation as shall be exhibited by them, as ments, shall require. "And do pray that the said Peter Pett 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 had upon every one of them, and used against him, as is agreeable to law and justice." Which were again read; Resolved, &c. That the whole Articles, as now amended, be agreed to: and that Mr. George Weld do carry up the Articles of Impeachment against Peter Pett, to the Lords. It does not appear that this matter proceeded further. 226. Proceedings against Sir WILLIAM PENN,* knight, upon an Impeachment for several High Crimes and Misdemeanors: 20 CHARLES II. A. D. 1668. April 14, 1668. SIR Thomas Lee presented to the House of Commons a second Narrative and Report from the Commissioners for taking the Public Accounts: which was read: and the first Narrative sent from them again read; and the Sir W. Penn was Vice-Adiniral of Eugland, and father of the founder of Pensylvania. "From a common man he had grown up, under Cromwell, to the highest command, and was in great favour with him till he failed in the action of St. Domingo, when he went admiral at sea, as Venables was general at land, for which they were both imprisoned in the Tower by Cromwell, nor ever employed by him afterwards." Lord Clarendon's Life, p. 239. He died in 1670, aged 49. Bishop Burnet's account of the transaction, out of which this Case arose, is as follows: "A great fleet was set out, which the duke commanded in person; as Opdam had the command of the Dutch fleet. But as soon as the war broke out, a most terrible plague broke out also in the city of London, that scattered all the inhabitants that were able to remove themselves elsewhere. It broke the trade of the nation, and swept away about an hundred thousand souls; the greatest havock that any plague had ever made in England. This did dishearten all people: and, coming in the very time in which so unjust a war was begun, it had a dreadful appearance. All the king's enemies, and the enemies of monarchy said, here was a manifest character of God's heavy displeasure upon the nation; as indeed the ill life the king led, and the viciousness of the whole court, gave but a melancholy prospect. Yet God's ways are not as our ways. What all had seen in the year 1660 ought to have silenced those, who at this time pretended to comment on Providence. But there will be always much discourse of things that are very visible, as well as very extraordinary. matter of the Narratives relating to sir William Penn, as to the Embezzlement of PrizeGoods, being debated; Ordered, That time be given to Sir William Penn till Thursday to make his Answer. Also, Ordered, That the Commissioners of Ac of the Duke's court, said to me, it was very visible that made an impression. And all the Duke's domestics said, he had got honour enough: why should be venture a second time? The Duchess had also given a strict charge to all the Duke's servants, to do all they could to binder him to engage too far. When matters were settled, they went to sleep: and the Duke ordered a call to be given him, when they should get up to the Dutch fleet. It is not known what passed between the Duke and Brounker, who was of his bed-chamber, and was then in waiting: but he came to Penn, as from the Duke, and said, the Duke ordered the sail to be slackened. Penn was struck with the order; but did not go to argue the matter with the Duke himself, as he ought to have done, but obeyed it. When the Duke had slept, he, upon his waking, went out on the quarter-deck, and seemed amazed to see the sails slackened, and that thereby all hope of overtaking the Dutch was lost. He questioned Penn upon it. Penn put it on Brounker, who said nothing. The Duke denied, he had given any such order. But he neither punished Brounker for carrying it, nor Penn for obeying it. He indeed put Brounker out of his service; and it was said, that he durst do no more, because he was so much in the king's favour, and in the mistresses. Penn was more in his favour after that, than ever before, which he continued to his son after him, though a Quaker; and it was thought, that all that favour was to oblige him to keep the secret. Lord Montague did believe, that the Duke was struck, seeing the earl of Falmouth, the king's favourite, and two other persons of quality, killed very near "When the two fleets met, it is well known him; and that he had no mind to engage what accidents disordered the Dutch, and what again, and that Penn was privately with him. advantage the English bad. If that first suc- If Brounker was so much in fault, as he seemed cess had been followed, as was proposed, it to be, it was thought, the Duke, in the passion might have been fatal to the Dutch, who find- that this must have raised in him, would have ing they had suffered so much steered off. The proceeded to greater extremities, and not have Duke ordered all the sail to be set on to over-acted with so much phlegm. This proved the take them. There was a council of war called, to concert the method of action, when they should come up with them. In that council Penn, who commanded under the Duke, happened to say, that they must prepare for hotter work in the next engagement. He knew well the courage of the Dutch was never so high, as when they were desperate. The earl of Montague, who was then a volunteer, and one breaking the designs of the king's whole reign: for the Dutch themselves believed that, if our fleet had followed them with full sail, we must have come up with them next tide, and have either sunk or taken their whole fleet. De Wit was struck with this misfortune; and, imputing some part of it to errors in conduct, he resolved to go on board himself, as soon as their fleet was ready to go to sca again.” counts be desired to transmit all such evidence which they have in the matter relating to sir Wm. Penn, as to the Imbezzlement of PrizeGoods, against Thursday next. April 16. Sir Wm. Penn having tendered and delivered in an Answer in writing, as to the matter of Imbezzlement of Prize-goods objected against him in the Narrative of the commissioners of Accounts; the Answer of Sir Win. Penn was read. A Letter of the Commissioners of Accounts, directed to Mr. Speaker, was read. Sir Nicholas Carew reports from the Commissioners of Accounts, that they had transmitted the original depositions and evidence relating to the Imbezzlement of Prize-goods, having not time to make extracts; but had sent a calender to direct to such particulars as did relate to sir Wm. Penn which he delivered in : And the Evidence concerning Sir Wm. Penn's Imbezzlement of Prize-goods being read; and sir Wm. Penn, in his place, giving Answer in several particulars which did arise upon debating the matters in the house. A motion being made to call in sir Joseph Jordan, to testify his knowledge in this matter; Resolved, &c. That sir Joseph Jordan be called in to the house. A Message was brought to the House of Lords from the 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." Then the House was adjourned during pleasure, and the Lords went to the Conference; which being ended the House was resumed. And the Lord Chamberlain, the earl of Auglesey, and the other lords appointed, reportSir Joseph Jordan was called in, and exaed the effect of the aforesaid Conference : mined. And the matter to sir Win. Penn's "which was managed by sir Robert Howard, Imbezzlement of Prize-goods being further de- who acquainted their lordships with the occabated; the question being propounded, that sion of this Conference, which would shew an Impeachment be had against sir Wm. itself in the mention of the crime. The acci Penn; the question being put, that the ques-dent was in September, 1665, when there was tion be now put: it was resolved in the affirmative. The main question being put, That an Impeachment be had against sir Wm. Penn; it was resolved in the affirmative. Ordered, That it be referred to Mr. Pryn, sir Tho. Littleton, sir Rob. Howard, sir Nich. Carew, sir Thomas Meres, sir Francis Goodrick, sir Rob. Atkins, Mr. Weld Mr. Scawen, sir Rob. Carr, sir Job Charlton, Mr. Swynfen, Mr. Wright, col. Birch, Mr. Seymour, sir Tho. Lee, Mr. Steward, Mr. Milward, Mr. Vaughan, Mr. Waller, Mr. Coleman, sir John Moreton, or any three of them, to prepare and draw up the Impeachment: and to search into Precedents, in relation to the suspension of members from sitting whilst they are under Impeachment; and report it to the House. April 21. Sir Robert Howard reports from the Committee appointed to draw up an Impeachment against sir Wm. Penn, severa! Articles of Impeachment, of high crimes and misdemea. nours committed by him: which he read in his place. He also reports a precedent, in the case of sir Gyles Mompesson, 27 Feb. 18 Jac. viz. "February 27, 1620, Resolved, &c. That 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 Phoenix 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 distribuced 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 of ficer 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 Penn 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 applica-¡ tion, a distribution, after they had distributed the goods. "The House of Commons think such corruptions and mal-administration 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. High Crimes and Misdemeanors. [874 ley, then commander of his majesty's ship the Swiftshure, and vice admiral to the white squadron commanded by the said sir William Penn, 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 Penn having sent several men on board the said ship the Slothony, to assist the said sir William Berkley therein. "He said, This shews the impartial justice of the House of Commons stops nowhere, that they spare not their own members, but proceed against them in chief, "Then sir Robert Howard read the Articles against sir William Penn; 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 PENN knight, one of the now Commissioners of his majesty's navy, for several High Crimes and Misdemeanors committed by him. "I. Whereas, in or about the month of September, in the year of our Lord 1665, the Golden Phoenix 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 then under the command of Edward earl of Sandwich, in which said fleet the said sir William Penn 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 Penn did, contrary to his allegiance, duty, commission, and the articles of war established by an act of this present parliament made in the 13th year of his majesty's reign that now is, intituled, An Act for the establishing articles and orders for the regu lating 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 judgment 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 115,000l. or thereabouts, besides great quantities of jewels and other rich commodities, of which no certain estimate can be made. "III. He the said sir William 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 embezzlement, Orders were obtained from the said earl of Sandwich, bearing date the 15th and 21st of September, 1665, for the taking and distributing of some part of the said Goods among several officers, whereof the said sir William 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 William Penn 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 17th of October, 1665, was unduly procured from his majesty for distributing the said Goods, whereas in truth he the said sir William 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 20854., 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 "II. That the said sir William Penn, in Impeachment against the said sir William pursuance of the said conspiracy, did, on or Penn, and also of replying to the Answer of about the 14th day of the said month of Sep- the said Articles, or any of them; or of offertember, repair on board the said prize ship the ing proofs of the premises, or any other im Slothony, in the company of sir William Berk-peachment or accusation that shall be exhi |