bited by them, as the case (according to the course of parliaments) shall require; do pray, That the said sir William Penn 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: of May he was brought to the bar, and kneeled, but was not committed. Dec. 22, 1640, the judges who were complained of by the House of Commons, upon desire of the Cominons, did enter into security to appear upon summons. The 3rd January, 1666, the lord viscount Mordaunt was impeached by the House of Commons of misdeineanors, but was not committed. Upon this, the House gave order, that sir William Penn should be brought to the bar. Which accordingly was done, by the gentleman usher of the Black Rod; he kneeling until the Lord Keeper bid him stand up. And then his Lordship told him, "He was "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 Com-impeached, by the Commons of England asmons 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, were transinitted 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 Penn be, and is hereby, required to appear at the bar of this House, on Monday the 27th day of this instant April, at 10 of the clock in the forenoon, to hear the said Articles of Impeachment against him read, and that he the said sir William Penn may be heard what he shall say for himself thereupon." 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. April 27. The earl of Bridgwater reported, "That the Committee of Privileges have perused several Precedents concerning the manner of proceedings against persons impeached of misdemeanors by the House of Commons; which they offer to their lordships, consideration." The Precedents were: The Case of sir Francis Michell and Foules, 22 March, 18 Jac. who, being charged by the House of Commons for misdemeanors, were committed by them before, and committed again by this House. Also the Case of the Lord Chancellor Bacon, complained of by the House of Commons, 20 Martii, 18 Jac. but was never committed there sembled in parliament, in the name of themselves and of all the Commons of England, for several high crimes and misdemeanors committed by him; which charge should be read unto him." Then the Articles against him were read; and the Lord Keeper asked him, "What he said to them ?" He said, "He looked upon himself as a very unhappy man, to be brought up hither upon this account; but it was his comfort, that he should have such honourable judges. He desired a short day might be given him, to put in his Answer in writing; and that counsel might be assigned him." Upon this, sir William Penn withdrew, And the House, taking into consideration what he desired, directed he should have a copy of his Charge, and that he should put in his Answer in writing on Wednesday morning next. He being called in again, the Lord Keeper told him, The Lords have appointed him to have a copy of bis Charge, and Wednesday morning next to be the time for him to put in his Answer in writing; and asked him what counsel he desired to have." Whereupon he named sir William Scroggs, Mr. Winnington, Mr. Jones, Mr. Offley, sir Anthony Morgan, and sir Walter Walker, to be his counsel in this business. Which this House ordered accordingly. April 29. Sir William Penn, 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 par liament, 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 auswer 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. 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 "To the second Article of the said Impeachment, he this defendant saith, That, on or about the 14th day of the said month of Sep-bales or eight suckles out of the said Phoenix, tember, 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 in 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 19 bales and one half of silk, 10 bales of cinnamon, 12 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 Phoenix, or the said Slothany, by way of distribution among the flag officers, 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 15th and 21st September 1665, in the fourth Article of the said Impeachment mentioned; and by virtue of his majesty's said Warrant, dated the 17th October, 1665, in the said fourth Article likewise mentioned; and by virtue of his majesty's letters of privy seal, bearing date the 26th day of January, in the 17th 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 Phoenix, 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 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 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 shall award. WM. PENN." Then the Lord Keeper asked sir William Penn, whether he owned this to be his Answer. And he confessed and owned this to be his Answer. sir Wm. Penn be sent to the House of ComIt is ordered, That a copy of this Answer of 227. The Trials of PETER MESSENGER, RICHARD BEASLEY, WILLIAM GREEN, THOMAS APPLETREE, JOHN EARLES, WILLIAM WILKS, WILLIAM FORD, RICHARD FARRELL, EDW. COTTON, EDW. BEDLE, RICHARD LATIMER, JOHN SHARPLESS, RICHARD WOODWARD, THOMAS LIMERICK, and JOHN RICHARDSON,* at the Old Bailey, for High Treason, in tumultuously assembling themselves in Moorfields, and other Places, under Colour of pulling down BAWDY HOUSES: 20 CHARLES II. A. d. 1668. UPON Easter-Monday last, being the 23d | liam Wild, Recorder of the city of London; day of March, in the 20th year of the reign of these prisoners following, viz. Peter Messenger, our sovereign lord the king that now is, it, being Richard Beasley, William Green, Thomas the usual time of the Apprentices liberty for Appletree, were first called to the bar to receive their civil recreations, a rude multitude of peo- their Trials; where, after proclamation being ple met together in Moorfields; where being made, they severally pleaded to their Indictso assembled, were instigated by some factious ments, and put themselves for their Trial upon persons amongst them; who, to colour their their country. design, insinuated into the rabble the pulling down of Bawdy-Houses, under which colour of reforming Bawdy-Houses, they at length raised a great hubbub; and so increasing in their disorders, in a tumultuous manner committed many notorious crimes. But by the vigilancy of the magistrates of the city, with the assistance of his majesty's guards, were at last reduced: Some of the ringleaders whereof were apprehended, and committed to the gaol for their offences, to receive their Trials according to the known laws of the land. And having been several times examined, upon confession of some, and pregnant proof against others, by a special jury of several knights, esquires and gentlemen, of very great worth and esteem, of the county of Middlesex: These persons following, to wit; Peter Messenger, Richard Beasley, William Green, Thomas Appletree, John Earles, William Wilks, William Ford, Richard Farrell, Edward Cotton, Edward Bedle, Richard Latimer, John Sharpless, Richard Woodward, Thomas Limerick, John Richardson, were indicted of HighTreason, for levying of a public war against our sovereign lord the king: And at the gaoldelivery of Newgate, held at the Session-House in the Old-Bailey, London, April 1, 1668, and continued till the fourth day; on which said fourth day, in the presence of sir John Kelyng, knt. L. C. Justice of the King's-Bench, sir Edward Atkins, sir Christopher Turner, sir Richard Rainsford, barons of his majesty's Court of Exchequer : Together with sir Wil See in the Case of William Maclauchlan, A. D. 1737 infra, and Maclaurin's Arguments and Decisions, 633, an argument founded on the decisions, that the offences in this case and that of Dammaree and others, A. D. 1710, infra, Amounted to treason. This Case is thus mentioned by Mr. Hampden: "A few Apprentices for pulling down Bawdy Houses were hanged for Treason." See Mr. Hampden's Speech on the King's Message of Jan. 7th 1681, 4 Cobb. Parl: Hist. 1283. | The names of the Jury sworn, were, Anthony Hall, William Knight, Heary Francis, John Baker, Robert Shaw, Thomas Constable, Thomas Jennins, John Nichols, Ralph Bradshaw, John Saving, John Marsh, Henry Kent. The Jury being sworn, the Court proceeded to Trial. Mr. North. You gentlemen of the jury, these four, Peter Messenger, Richard Beasley, William Green, and Thomas Appletree, stand indicted for High-Treason; having left their obedience to our sovereign lord the king, and being instigated by the devil, upon the 24th day of March last past, did contrive a design to levy war and rebellion against the king, being at the head of four or five hundred armed and arrayed. If this matter be proved against them, you must find them Guilty. Mr. Pemberton. You gentlemen of the jury, these prisoners at the bar did contrive and levy war, and fell upon the king's officers, and beat them, and broke the prison, and let out the prisoners, some for felony: Among the multitude these were four of them, as we shall endeavour to prove. The Names of the Witnesses called and sworn, were Richard Dowson, John Cowley, Henry Bull, James Martin, Abraham Brookes. Counsel. Sir, pray tell my lord what you saw these do on Easter-Tuesday. Witn. My lord, I saw this Richard Beasley at the head of four or five hundred; he had a sword, and I took his sword from him: he had colours, a green apron upon a pole. I heard some of them cry, Down with the Red-coats;' and I did see William Green there too, but not Appletree. L. C. Justice. Did they go with the multitude or no, or were they with them? Witn. They were with them; but I cannot say they went along with them. Couns. Pray tell my lord what the multitude said at that time. Witn. When we fell on them, they ran away. John Cowley, second witness. Couns. Mr. Cowley, tell my lord what you saw. Cowley. My lord, he cut me and wounded me on the hand. The constable charged them to be gone, and disperse themselves; with that they struck at the constable, and knocked him down. L. C. Just. Under what pretence did they pull down any house? Witn. The constable and some more of us beat them up Nightingale-lane; I know not what their pretence was: I saw Appletree there, for he was the first that struck at the constable. This was on Easter-Tuesday. L. C. Just. Did you see Green there? L. C. Just. Did you see them pull down any house? What did you hear them say? Vitn. They said, Down with the bawdyhouses. L. C. Just. Did you hear them talk of the Red-conts there? Was Green amongst them, as one that helped and acted with them? Witn. I saw him in Moorfields on Monday, Tuesday, and Wednesday, shout and throw up his hat. Third Witness. I. C. Just. What did you see them do? Witn. All that I saw, was, that Peter Messenger came along with the colours in his hand, and I took him and carried him to prison myself: I did not hear them cry, Down with honest houses, but bawdy houses: I did not see all those, but only these two (pointing to two at the bar.) L. C. Just. Ay, That was the captain and the ensign. Fourth Witness. Henry Ball. My lord, I saw this Beasley and Messenger in Moorfields, pulling down houses on Monday, and on Tuesday at the head of three hundred; and at that time we routed them. On Wednesday they came with four or five hundred, and cried, Down with the Red-coats. James Martin, fifth Witness. L. C. Just. What can you say? Witn. All that I know is, Beasley made a blow at our ensign, and struck at him with his sword. L. C. Just. What was their presence? Another Witn. I say Thomas Appletree help to pull down Peter Burlingham's house, and broke another. Serj. Wild. What company had they? Witn. About three hundred. L. C. Just. Had they any colours? what did you hear them declare? Witn. I heard them declare nothing, for I had like to have been knocked on the head. L. C. Just. To the prisoner Beasley. Well, VOL. VI. what do you say for yourself? You hear it is sworn against you, that you were at the head of this rabble, and they called you captain, and led them up; and when the constable you came to command peace in the king's name, you fell on him, and wounded him, so that he is hardly able to be here this day: Why did you gather this multitude together? It will behove you to make your answer; what reason had you for it? Beasley Pris. I do not know the reason. L. C. Just. I speak to you that you should give a reason: After all this trouble that we have had in this nation, it is a sad thing that a great number of giddy headed people must gather together under pretence of reformation, to disturb the peace of the nation again if you can say no more for yourself, there will be little trouble with you. Serj. Wild. What was the meaning of your gathering together? Beasley Pris. We went to pull down bawdyhouses. L. C. Just. How did you know which were bawdy-houses? If you had known them, you might have indicted them, there is a law against them; but this is a strange kind of reformation, if a rabble come, and say, This man is a papist, and this keeps a bawdy-house, and would pull it down; this is a mad reformation. Messenger Pris. My lord, that man has sworn I was out on Tuesday, it was Wednesday before I came forth; but staid at home with my wife, because I would not be among them. L. C. Just. Did not you carry a green apron on a pole for your colours? Pris. My lord, as I passed along by the rout they flung a bottle at ine, and had like to have knocked me down, and tore my apron off, and charged me to carry it on a pole; and I would fain have come away from them, and could not. L. C. Just. Make this appear, that you would fain have got away, and that they did force you to do what you did, and I shall be glad of it. Pris. There is none of them here now that were there then. L. C. Just. Then all that you say is of little use; for it is no great thing to make a lye to save one's life. Pris. God is my witness L. C. Just. Have a care what you say. 'A Constable (witness) sworn. L. C. Just. What say you of these four at the bar? Const. My lord, I heard they were pulling down houses, and I did what I could to preserve the king's peace; and that day I did save a great many houses and goods. The next day they were near my own house, and I did endeavour to do the same, and this fellow with his company did surprise my men, and knocked me down; yet I commanded the peace, and they beset me round about, and cut me over the hand: I do remember that Beasley. 3 L We were in a place where there were three turnings, but they knocked me down, and beat me so, that I could not tell who it was that did hurt me. L. C. Just. Do you know any more of this company? Const. No, my lord: For if the soldiers had not come, they would not have left till they had killed me. Couns. Had you your staff? Const. Yes; but they took it away from me. Another Witn. I saw Messenger on Tuesday, though he says to the contrary. L. C. Just. Messenger, you hear what is said against you; you say you were not out on Tuesday: He hath sworn you were at the head of a company, with a green apron on a stick, and led them up.. Pris. I was not there. Henry Bull, Wit. I saw him, my lord, on Tuesday, he and Beasley, about eleven of the clock in Moorfields, and they had gathered a great multitude of four or five hundred, and then they made an attempt to come into our parish, and they cried, Down with the Red Bennet. On Wednesday he was at a kinsman's house. L. C. J. These two witnesses give no account at all of you, where you were on Monday and Tuesday. L. C. J. Greene, what say you? L. C. J. It is sworn you were amongst them, and threw up your cap. Were you not knocked down? Prisoner. Yes, my Lord. the colours; it is sworn by Mr. Bull you were among the rabble, and were knocked down : now if the jury do not believe that you did act among them, we will leave it to them. L. C. J. Appletree, what say you Appletree. As I was passing along (my lord) I saw a croud, and I went to know what was the matter, and there came a company down, and some running after me did me a mischief; I did not see the constable, nor say, knock him down. L. C. J. It is sworn that you were the first man that struck the constable, and that you were at the pulling down of Burlingham's house. Pris. I did not offer to pull down his house, nor strike the constable.. Brooks, witn. My lord, he was in Peter Burlingham's house, and broke it down so that you might have ridden a horse through it; I spake to him two or three times to leave off, and if I had not stooped suddenly he had struck me down with a bedstaff. Cowley, Wit. I did see him on Tuesday with their company, and I did see him strike at the constable. L. C. J. to the Jury. Gentlemen of the jury, you have heard what these say; the prisoners are indicted for High Treason, for levying of war against the king. By levying of war is not only meant, when a body is gathered together, as an army is, but if a company of people will go about any public reformation, this is HighTreason, if it be to pull down inclosures, for they take upon them the regal authority; (3 Co. Inst. 9.) the way is worse than the thing. These people do pretend their design was to go against bawdy-houses; now for men about to pull down houses, under the pretence of Bawdy-houses, with a captain, and an ensign, and weapons, if this thing be endured, who is safe? It is High-Treason, because it doth betray the peace of the nation, for every subject is as much wronged as the king; for if every man may reform what he will, no man is safe: therefore this thing is of desperate consequence, we must make this for a public example: there is reason we should be very cautious, we are but newly delivered from rebellion, and we know that that rebellion first began under the pretence of religion and the law, for the devil hath always this vizard upon it; we know that, that rebellion began thus, L. C. J. How could you be knocked down therefore we have great reason to be very wary if you were not amongst them? that we fall not again into the same error, but it should be carried on with a watchful eye. And because apprentices hereafter shall not go on in this road, we will have the solemn resoIntion of all the judges, and therefore you are to find it specially. You must find the matter of fact, and we will assemble all the judges together in a sober way, to give their judgment, whether it be high-treason or no; not that we * See Luders's "Considerations on the Law of High Treason in the Case of Levying War" 32. |