House of Lords Journal Volume 16: 23 December 1696

DIE Mercurii, 23 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The House was called over, as ordered.

E. Scarbrough and L. Jeffreys, Injunction to prevent a Quarrel.

The House taking Notice of some Words that passed between the Earl of Scarbrough and the Lord Jeffreys:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Injunction of this House shall be, and is hereby, laid on the said Lords, that they do not resent what each other hath said.

To which Injunction they severally submitted.

Lords Leave to be absent.

The House being moved, for Leave for some Lords to go into the Country:

It is ORDERED, That such Lords of this House as desire the same may be absent, so as they be present in the House the next Sitting after Christmas.

Business to come on in Course.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Business appointed for several Days shall come on successively the next Sitting of the House after Christmas.

Winchester versus Fowke.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause wherein Henry Winchester and Anne his Wife are Appellants, and Elizabeth Fowke Respondent, shall be heard on Wednesday the Thirteenth Day of January next, at Ten of the Clock in the Forenoon.

Lords-Leave to sign the Protest against Sir J. Fenwick's Bill the next Time they come to the House:

Leave being asked, and given, for any Lord to dissent, if the Question was carried for passing the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet, of High Treason:"

It was agreed, that in Consideration some Lords were going out of Town, and might not return the next Sitting-day, that any Lord might enter his Dissent the next Time he came to the House.

Sir J. Fenwick's Bill of Attainder:

Hodie 3^a vice lecta est Billa, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it. Dissentient.

"Leave being asked, and given, for any Lord to dissent, if the Question was carried in the Affirmative: We, whose Names are here under-written, do dissent, for the Reasons following; (videlicet,)

"Because Bills of Attainder against Persons in Prison, and who are therefore liable to be tried by Law, are of dangerous Consequence to the Lives of the Subjects, and, as we conceive, may tend to the Subversion of the Laws of this Kingdom.

De Longueville.
Guilford.
Godolphin.
Burlington.
Feversham.
Jo. Ebor.
Clifforde.
T. Jermyn.
Kingston.
Byron.
Berkeley.
Torrington.

"Because the Evidence of Grand Jurymen, of what was sworn before them against Sir John Fenwick, as also the Evidence of the Petty Jurymen, of what was sworn at the Trial of other Men, were admitted here; both which are against the Rules of Law, besides that they disagreed in their Testimony.

"Because the Information of Goodman, in Writing, was received, which is not by Law to be admitted; and the Prisoner, for Want of his appearing Face to Face as is required by Law, could not have the Advantage of cross-examining him.

"And it did not appear by any Evidence, that Sir John Fenwick, or any other Person employed by him, had any Way persuaded Goodman to withdraw himself; and it would be of very dangerous Consequence that any Person so accused should be condemned; for, by this Means, a Witness, who shall be found insufficient to convict a Man, shall have more Power to hurt him by his Absence, than he could have if he were produced viva voce against him.

"And if Goodman had appeared against him; yet he was so infamous in the whole Course of his Life, and particularly for the most horrid Blasphemy which was proved against him, that no Evidence from him could or ought to have any Credit, especially in a Case of Blood.

"So that, in this Case, there was but one Witness, (videlicet,) Porter; and he, as we conceive, a very doubtful one.

"Lastly, because Sir John Fenwick is so inconsiderable a Man, as to the endangering the Peace of the Government, that there was no Necessity of proceeding against him in this extraordinary Manner.

"Halifax.
Bristol.
Northumberland.
Huntingdon.
Normanby.
Northampton.
Thanet.
Nottingham.
Leeds.
Lindsey.
Scarsdale.
Carnarvon.
N. Dunelm.
Weymouth.
Abingdon.
Kent.
P. Winchest.
Bathe.
Rochester.
Tho. Menev.
Arundell.
H. London.
R. Ferrers.
R. Bath & Wells.
Jonat.
Exon.
Dartmouth.
Tho. Roffen.
Hunsdon.
Willughby De Brok.
Gil. Hereford.
Garlisle.
Craven.
Granville.
Hereford:
Lempster.
Jeffreys.
Chandos.
Sussex.
Leigh.
Willughby.
Fitzwalter."

Message to H. C. that the Lords have agreed to the Bill.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Pitts:

To let the Commons know, the Lords have agreed to the said Bill, without any Amendment.

Dutchess of Norfolk examined, about Papers of Instructions for Sir J. Fenwick's Behaviour during his Trial.

The Dutchess of Norfolke, being called in, gave Account, upon Oath, of what she knew concerning the Papers delivered Yesterday by the Lady Mary Fenwick.

And, after the Dutchess was withdrawn, ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Dutchess of Norfolke, the Lady Mary Fenwick, Mrs. Lawson, and Mrs. Symons, do attend this House on Thursday the Seventh Day of January next, at Eleven of the Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) septimum diem Januarii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.