Journal of the House of Lords: Volume 16, 1696-1701. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 1 Decembris.
Hodie 2a 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, she being an Insant of the Age of Seventeen Years."
Sir J. Fenwick's Papers delivered by L. Steward.
House to be called before it rises.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be called over before it rises; and if any Lord present shall be then absent, he shall be taken into Custody.
No Proxies in Sir J. Fenwick's Case:
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That there shall be no Use made of Proxies in any Case relating to the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason."
His Bill of Attainder:
Address, to know whether the House is in Possession of all the Papers concerning him:
And, after Debate, ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves attend His Majesty, humbly to desire Him to acquaint this House, "Whether the Papers His Majesty hath been pleased to send by the Lord Steward, be all the Papers which have been delivered or sent to His Majesty, relating to any Confession of Sir John Fenwick; and whether those Papers do contain all the Informations which have been given any Way to His Majesty from Sir John Fenwick?"
Sir J. Fenwick at the Bar, and questioned about the Papers:
Afterwards Sir John Fenwick was brought to the Bar, and was told, by the Lord Keeper (pursuant to the Directions of the House), "That a Bill, which had passed the House of Commons, for attainting him of High Treason," had been read the First Time.
He was further informed, "That Two Papers, purporting to be Confessions made by him, had been communicated to the House by His Majesty; which Papers were carried down to him by the Clerk, for him to look upon."
Desires to be heard by Counsel, and declines making any Confession:
Thereupon the Lord Keeper said, "That he was directed, by the House, to ask him, Whether he was disposed to make a full and ingenuous Confession of his Knowledge of all Matters, whether mentioned or not mentioned in his Papers; and to tell him, if he was so disposed, that this was the proper Time; but that, in his Confession, the House did restrain him to speak to such Things only as he could say of his own Knowledge, or could make out by Proof."
Being after brought again to the Bar, the Lord Keeper told him, "The House, observing that he had not made any Answer to what had been proposed to him, but had Twice prayed to be heard by Counsel against the Bill, had been so indulgent to him, as to order that he should beagain sent for to the Bar, and told, That he might depend upon it, that in proper Time he would not be denied to be heard by Counsel, as to what could be offered against the Bill; but that a Confession, which concerned only Facts of his own Knowledge, must proceed from himself, and Counsel could not be admitted in such a Matter; and therefore had directed, that, for his better apprehending their Intentions, what had been said before should be repeated to him; (videlicet,)
"That the House did assure him, that whatsoever Confession he should make at the Bar, should not turn to his Prejudice, here or elsewhere; and that, if he was disposed to make a Confession, this was his proper Time; but that, in what he confessed, he was restrained, by the House, to speak only to such Things as he could say of his own Knowledge, or could make out by Proof."
Sir John Fenwick said, "He thanked the House for their Tenderness to him; and that he did apprehend what was proposed, but prayed to be excused from making any Answer." And only renewing his Request, that he might be heard, by Counsel, against the Bill:"
Counsel to be heard, for and against the Bill; and Sir J. Fenwick to have a Copy of it:
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Tuesday the Eighth Day of this Instant December, this House will hear Counsel, for and against the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason."
"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General have Notice, that this House hath appointed to hear Counsel, for and against the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason," on Tuesday the Eighth Day of this Instant December; and that Witnesses may then be produced on either Side."
His Counsel and Solicitor to have Access to him:
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Fenwick Baronet may have a Copy of the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason;" and that Sir Francis Pemberton, Sir Thomas Powys, and Sir Bartholomew Shore, be assigned Counsel for the said Sir John, and Christopher Dighton his Solicitor; who may come to, and attend him in private, at convenient Times; and be allowed Pen, Ink, and Paper."
Fell, Keeper of Newgate, committed.
Whereas James Fell Keeper of the Prison of Newgate, having disobeyed an Order of this House, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That he shall be, and is hereby, committed Prisoner to The Gatehouse Prison, in Westm'r, there to be kept in safe Custody, until further Order of this House; and this shall be a sufficient Warrant on that Behalf.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, do forthwith attach the Body of James Fell, and carry him to the Prison of The Gatehouse in Westm'r.
L. Brooke to be attached, for not attending.
It is therefore ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith take into Custody the said Foulke Lord Brooke, and bring him to this House; and this shall be a sufficient Warrant on that Behalf.
The House was called over again, before the Rising, as ordered; all the Lords being present, except the Earl of Berkeley, Earl Fauconberge, Earl Bradford, and Lord Crew; who had Leave to be absent, being indisposed.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, videlicet, secundum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.