House of Lords Journal Volume 16: 16 December 1696

DIE Mercurii, 16 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Lincoln versus Rolle & al.

Whereas Thursday next is appointed to hear the Cause wherein the Earl of Lincoln, 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 this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Three and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

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

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for the greater Ease of the Subject, in recovering their just Debts," shall be read the Second Time on Friday next; and all the Lords summoned to attend.

Munday to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That James Munday Esquire do attend this House presently.

Burdit & al. to attend, in Behalf of Sir John Fenwick.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Burdit Esquire, Mrs. Gore, Captain Symms, William Dawson Esquire, Mr. Ferdinando Burleigh, Mr. William Cock, Mr. Charles Harman, Christopher Crawford, William Huntley, William King, Mr. Edmond Godfrey, Mrs. Grace Godfrey, Mrs. Elizabeth Montjoy, Mrs. Elizabeth Keys, Mrs. Jane Cranburne, Mrs. Anne Cross, Richard Lifesay, William Hardiman, Mary Grumley, Mr. Thomas Fowkes, Mrs. Smith, George Marsh, Mr. Robert White, and Mrs. Norton, do attend this House To-morrow, at Ten of the Clock in the Forenoon, as Witnesses on the Behalf of Sir John Fenwick.

The House was called over, as ordered.

Absent Lords excused.

And the Bishop of Bangor and Earl of Rochford were excused, being indisposed.

Sir J. Fenwick desires Clansey, a Prisoner, may be examined in his Behalf:

A Petition of Sir John Fenwick; praying, "That John Clansey, a Prisoner in Newgate, may be brought to this House, to give Evidence on his Behalf," being offered, was read.

Question to the Judges about it:

And the Judges being asked, and giving an Account of, "What Crime the said Clansey stands convicted of; and whether he is capable of being an Evidence in this, or any other Case?"

They desired Time to consider thereof, and to see the Record of his Conviction.

Clansey to be brought up.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of London and Middl'x do bring John Clansey to this House, with all convenient Speed.

To the Sheriffs of London and Middl'x.

Witnesses and Counsel heard, in Support of the Bill.

Then, Sir John Fenwick and the Counsel being called in, the Lord Keeper told them, "The Lords had his Petition under Consideration;" and also acquainted the Counsel for the Bill, "that they might proceed."

Whereupon, James Gibson, being sworn, gave an Account of what Cardell Goodman deposed at the Trial of Peter Cook.

Then Mr. Vernon and Mr. Baker were sworn, and heard, as to the putting off Sir John Fenwick's Trial at The Old Bayly.

And Fowler the Messenger was also sworn, and heard, as to his receiving a Letter (supposed to be written by Sir John Fenwick) from Mr. Webber, who was taken with Sir John.

After which, the Letter (being writ with Black Lead) was read at the Bar.

Then, the Counsel for the Bill having gone through their Evidence, and they and the Prisoner being withdrawn, the House was adjourned during Pleasure.

After some Time, the House was resumed.

Clansey not to be examined as a Witness:

And, upon hearing the Judges as to Clansey's giving Evidence in this, or any other Case, it was agreed, he should not be examined as a Witness in this Case:

Remanded:

And ORDERED, That John Clansey shall be remanded to the Prison of Newgate.

Sir John Fenwick and the Counsel being again at the Bar, the Lord Keeper told them, "That the House had considered of Sir John's Petition; and were of Opinion, that Clansey should not be heard as a Witness in this Matter."

Sir J. Fenwick's Counsel heard:

Then, after hearing the said Sir John's Counsel, the following Orders were made; (videlicet,)

"After hearing Counsel and Witnesses, in relation to 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 this House shall proceed in the further Consideration of this Business To-morrow, at Eleven of the Clock."

Sir J. Fenwick remanded:

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

To be brought To-morrow:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of London and Middl'x do take Care of and bring Sir John Fenwick Baronet to this House, To-morrow, at Ten of the Clock in the Forenoon.

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

House to be called.

"ORDERED, That the House shall be called over To-morrow, at Eleven 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."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) decimum septimum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.