House of Lords Journal Volume 16: 22 December 1696

DIE Martis, 22 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Fenwi to be heard before the Third Reading of the Bill.

Upon reading the Petition of Sir John Fenwick; praying to be heard, before the Third Reading of the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of London and Middl'x do forthwith bring Sir John Fenwick to this House; and do not permit any Person to speak with him, in coming hither, during his Stay here, or in returning back; and this shall be a sufficient Warrant on that Behalf.

D. of Beaufort not attending, to be considered;

Thomas Evison, the Deputy Serjeant at Arms sent to take into Custody the Duke of Beaufort, being sworn and examined; and a Certificate of Doctor Baskerville read:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Matter shall be taken into Consideration on Thursday the Seventh Day of January next, at Ten of the Clock in the Forenoon.

and the Earl of Rutland.

Launcelot Emmot, the Deputy Serjeant at Arms sent to take into Custody the Earl of Rutland, being sworn and examined; and a Certificate of Doctor Gilbert Hathcot read:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Matter shall be taken into Consideration on Thursday the Seventh Day of January next, at Ten of the Clock in the Forenoon.

Privilege of Parliament, Bill for the Ease of the Subject, with respect to it.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the greater Ease of the Subject, in recovering their just Debts."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Saturday the Ninth Day of January next, at Ten of the Clock in the Forenoon.

E. of Lincoln versus Rolle & al.

Whereas To-morrow was appointed for hearing of the Cause wherein Henry Earl of Lincoln an Insant, by Susanna Countess of Lincoln his Mother and Prochein Amy, is Appellant, and Samuel Rolle, Vere Booth, Hugh Fortescue and Bridget his Wife, Richard Wynne, Christopher Davenport, and George Townshend, are Respondents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, in this Cause, on Monday the Eleventh Day of January next, at Ten of the Clock in the Forenoon.

Rex versus Walcott, in Error.

Whereas Thursday the Four and Twentieth Instant was appointed to hear the Errors argued, upon a Writ of Error depending in this House, wherein His Majesty by His Attorney General is Plaintiff, and John Walcott Son of Thomas Walcott Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar, on Tuesday the Twelfth Day of January next, at Ten of the Clock in the Forenoon; and that Mr. Tanner do then attend with the Records, as formerly ordered.

Messages from H. C. with Bills.

A Message from the House of Commons, by Sir Richard Onslow and others:

Who brought up a Bill, intituled, "An Act for the further regulating Elections of Members to serve in Parliament;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Mr. Brotherton and others:

Who brought up a Bill, intituled, "An Act for Relief of Creditors, by making Compositions with their Debtors, in case Two Thirds in Number and Value do agree;" to which they desire the Concurrence of this House.

Bill for further regulating Elections.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for the further regulating Elections of Members to serve in Parliament," shall be read the First Time on Friday the Eighth Day of January next, at Ten of the Clock in the Forenoon.

The House was called over, as ordered.

Sir J. Fenwick at the Bar, and asked about Directions being given him how to behave himself at his Trial:

Then Sir John Fenwick, being brought to the Bar, and heard, was, by Order of the House, asked, "Whether he received any Directions, in Writing or by Message, from any Person, how to behave himself at his Trial, either at the House of Commons, or in this House ?"

Said, "He received no such Directions since he was at this Bar."

Being then asked, "If he received any before?"

Said, "He was told of some Things for his Advantage by his Wife, who had them in Writing from the Dutchess of Norfolke; and that the Dutchess received them from the Earl of Monmouth."

And being asked for that Paper; said, "His Wife had it."

Sir John Fenwick being withdrawn, the following Orders were made; (videlicet,)

Ly. Mary Fenwick to attend, with the Paper of Directions:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lady Mary Fenwick do immediately attend this House, and bring with her the Paper of Directions how Sir John Fenwick should behave himself at his Trial."

Dutchess of Norfolk and Mrs. Lawson to attend:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That her Grace the Dutchess of Norfolke and Mrs Lawson do immediately attend this House."

After some Time, Sir John Fenwick was again brought to the Bar.

Sir J. Fenwick questioned, whether he will make a Consession:

And being asked, "Whether he was willing to explain himself, concerning what he reserved, when Mr. Vernon took his Examination, to acquaint His Majesty with; and whether he had at any Time acquainted the King with it ?" Said, "He did not remember any such Thing; the particular Matters the King was acquainted with before; desiring a Vote, or an Order of the House, to protect him, if he answered any Questions which might be to his Prejudice."

His Consession not to be read in Evidence against him in any other Place:

Then, Sir John Fenwick being taken from the Bar, it was ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That nothing Sir John Fenwick shall say, at this Bar, should be made Use of as Evidence against him in any other Place.

Sir John Fenwick being brought to the Bar again, the said Order was read to him.

And the Lord Keeper, by Order of the House, told him, "That he need not doubt but it would be a full Security to him."

He desires a general Pardon, and not to be used as an Evidence:

He questioning whether the Order would be good, when the Parliament was not sitting; and desiring to be secured from being an Evidence, and to have a general Pardon; was ordered to withdraw.

After some Time, he was brought to the Bar; and told, "That the House had resolved to make an Address to His Majesty, to desire that nothing he should say, at the Bar, should be made Use of as Evidence against him in any other Place."

To which he replied, "An Address might be granted or resused; and did not think the Address a Security, until it was answered by the King."

Being withdrawn;

Address that his Consession may not be made Use of any where else:

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Wharton do attend His Majesty, humbly to desire Him, "That nothing which Sir John Fenwick shall say, at the Bar of this House, shall be made Use of as Evidence against him in any other Place."

Then the House was adjourned during Pleasure.

And, the Lord Wharton being returned, the House was resumed.

And the Lord Wharton reported His Majesty's Answer to the Address; (videlicet,)

King's Answer:

"That His Majesty is pleased to promise, That nothing Sir John Fenwick shall say, at the Bar of this House, shall be made Use of as Evidence against him in any other Place."

Sir John brought in, and acquainted with it:

Sir John Fenwick, being brought in again, was acquainted with His Majesty's Gracious Answer to the Address; and told, "That as to his Proposal of having a Pardon, and not being made Use of as an Evidence, those Things were not in their Lordships Power to promise; nor was it fit, in their Judgements, to make any such Application at this Time: But, if he made such a Consession as in their Lordships Judgement should deserve their Intercession, then their Lordships would intercede with the King for his Pardon, and that he might not be made Use of as an Evidence."

He refuses to make a Consession without a general Pardon:

Sir John answered, "He did not think himself safe yet; for that, if he did not make such a Confession as was liked, he must die; insisting still on a general Pardon, and not to be made Use of as an Evidence."

Then, being taken from the Bar, after some Time, was brought again; and told, "The Lords conceive he was under a Mistake in the Proposals he said he had made to the Lord Steward in the Summer, of having a Pardon, and being no Evidence; the King's Answer being, "That He would not capitulate with him;" and that he had Reason to be sensible how much Weight an Intercession of this House to His Majesty would always have; and that, if he did not make a Confession, the Lords would proceed to read the Bill the Third Time."

Sir John Fenwick said, "I never heard the King would not capitulate, or make Conditions with me."

And being asked, "if the Lord Steward gave him any Hopes of a Pardon from His Majesty ?"

He replied, "I have not said the Lord Steward did give me any Encouragement or Assurance of a Pardon."

Then, being withdrawn, after a little Time was brought in again; and asked, "Whether he would make a Confession, upon what had been offered to him by the House ?"

He said, "I have given my Answer to it: I have no Security; if I had, I should be willing to satisfy the House in any Thing I could."

Then, Sir John Fenwick being taken from the Bar, the following Orders were made; (videlicet.)

Bill to be read the Third Time:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason, "shall be read the Third Time Tomorrow, at Twelve of the Clock; and that no other Business whatsoever shall intervene."

Sir J. Fenwick remanded:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Fenwick shall be, and is hereby, remanded to the Prison of Newgate; and that no Person whatsoever be suffered to speak with him, until further Order; and that he be allowed Pen, Ink, and Paper."

House to be called:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be called over To-morrow, at Twelve of the Clock in the Forenoon, at the First Sitting, and Rising thereof, as ordered this Day, under the same Penalties in case of Absence."

Ly. Mary Fenwick delivers Papers concerning Instructions how her Husband should conduct himself at his Trial:

The Lady Mary Fenwick, attending, was called in; and told, by Order of the House, "That Sir John Fenwick had informed their Lordships, a Paper of Instructions had been sent him, how to behave himself, at his Trial here, and in the House of Commons."

Then, she being sworn, and asked, "Where that Paper was, and from whom she had it ?" Said, "She received it from the Dutchess of Norfolke."

And then delivering Three Papers:

Which, after she was withdrawn, were read, and delivered to the Lord Keeper:

Dutch. of Norfolk and Mrs. Lawson to attend:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Dutchess of Norfolke and Mrs. Lawson do attend this House Tomorrow, at Five of the Clock in the Afternoon.

Sir J. Fenwick not to be suffered to speak to any one.

The House being informed, That the Sheriff doth suffer some Persons to speak with Sir John Fenwick, contrary to Order:

It is ORDERED, That the Sheriff be acquainted therewith; and that the Lords take Notice of his Omission, and order him strictly to observe his former Directions.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) vicesimum tertium diem instantis Decembris, hora duodecima Aurora, Dominis sic decernentibus.