House of Lords Journal Volume 16: 8 December 1696

DIE Martis, 8 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mynors' Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Settlement of the Manor of Treyagoe, in the County of Hereford, and other the Lands late of Crompton Mynors Esquire deceased; and for raising and increasing of the Portion of Theodosia Mynors, the Daughter of the said Crompton, the being an Infant of the Age of Seventeen Years."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Richard Holford and Sir John Francklyn:

To carry down the said Bill, and desire their Concurrence thereunto.

The House was called over, as ordered.

Absent Lords excused.

And the Lords following, being not well, were excused; (videlicet,)

Sir J. Fenwick at the Bar:

The Order being read, for hearing Counsel and Witnesses for and against the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason:"

Counsel to be heard for and against the Bill to attaint him:

Sir John Fenwick being brought to the Bar, and the Counsel called in; they were told, by the Lord Keeper, by Order of the House, "That the Lords have determined that the Counsel for the Bill should be heard first; and that the Counsel on either Side should be suffered to speak Twice."

Then the Counsel for the Bill prayed, "That Two Members of the House of Commons might be desired to be here, they having Occasion to use them as Witnesses to some Part of their Proofs; (videlicet,) the Lord Cutts of the Kingdom of Ireland, and Mr. Vernon."

The Counsel being withdrawn, and Sir John Fenwick taken from the Bar;

Message to H. C. to desire that L. Cutts and Mr. Vernon may attend about it, as Witnesses.

A Message was sent to the House of Commons, by Mr. Justice Eyre and Mr. Justice Powell:

To acquaint them, "That, there being Occasion to examine the Lord Cutts and Mr. Vernon, Members of that House, in relation to the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason," the Lords desire that they may have Leave to appear in this House when such Occasion shall require."

Then Sir John Fenwick and the Counsel were called in again; and told, "The Lords have sent to desire that the Two Members of the House of Commons might be here, when Occasion shall require."

And Sir John Fenwick's Counsel being asked, "Whether they did intend to make Use of any Witnesses; and if the Witnesses were ready?"

They replied, "They thought at this Time they should be heard only against the Bill itself; and they were not prepared with their Witnesses, as to the Facts alledged in the Bill."

Counsel being withdrawn, and Sir John Fenwick taken again from the Bar;

Answer from H. C.

The Messengers sent to the House of Commons return Answer:

That the Commons agree that their Two Members, the Lord Cutts and Mr. Vernon, shall appear here, to be examined as there shall be Occasion, in relation to the Bill.

Sir J. Fenwick's Counsel desire Time to send for Witnesses:

Then the House agreed to hear the Counsel and Witnesses, for and against the Bill, on Friday next.

The Counsel being called in again; the Lord Keeper acquainted them, "That the Lords had determined to hear Counsel and Witnesses on Friday next."

Whereupon Sir John Fenwick's Counsel prayed some Time longer, because Two of Sir John Fenwick's Witnesses were out of Town.

The Counsel being withdrawn;

Sir John Fenwick's Petition was read; praying a convenient Time to send for his Witnesses.

Whereupon the following Order was made; (videlicet,)

Counsel and Witnesses to be heard, for and against the Bill.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, on Tuesday the Fifteenth Day of this Instant December, this House will hear Counsel and Witnesses for and against the Bill, intituled, An Act to attaint Sir John Fenwick Baronet of High Treason."

Sir John Fenwick and Counsel being called in again, and acquainted, "That, upon reading his Petition, and what was said by his Counsel, the Lords have resolved to hear Counsel and Witnesses for and against the Bill this Day Sevennight; and that the House would not admit of any further Delay, upon any Pretence whatsoever."

Then the following Orders were made; (videlicet,)

Sir J. Fenwick to be allowed Pen and Ink, &c.:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Fenwick Baronet, now Prisoner in Newgate, shall be allowed Pen, Ink, and Paper, at all Times.

"To the Sheriffs of London and Middl'x."

House to be called:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, on Tuesday the Fifteenth Instant, at Eleven of the Clock, this House shall be called; and that such Lords who are in Town, or within Ten Miles thereof, that do not then attend, shall be taken into Custody; and also that the House shall be called over again before it rises; and if any Lord, present at the First Calling, be then absent, he shall be taken into Custody; all the Lords summoned to attend."

Sir J. Fenwick remanded:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Fenwick Baronet shall be remanded to the Prison of Newgate.

"To the Sheriffs of London and Middl'x."

To be brought, &c.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of London and Middl'x do take Care and bring Sir John Fenwick Baronet to this House, on Tuesday the Fifteenth Day of this Instant December, at Eleven of the Clock.

"To the Sheriffs of London and Middl'x."

The House was called over again, as ordered.

Lords Leave to be absent.

And Leave given to the Earl of Sandwich and Lord Guilford, to be absent till this Day Sevennight.

Adjourn.

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