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, 15 Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
The House was called over, as ordered.
Absent Lords excused.
And the Earl of Carlisle and Earl of Rochford were excused.
Sir J. Fenwick at the Bar; and Porter examined, to prove the Allegations in the Bill:
Sir John Fenwick being brought to the Bar, and Counsel called in:
The Counsel for the Bill, having opened the Nature thereof; Mr. George Porter, (fn. 1) who was sworn and delivered his Evidence, to prove the Allegations of the Bill:
And being asked by the Counsel against the Bill, "What Rewards he had received for giving his Testimony?"
And afterwards the Counsel for the Bill desiring, that he might declare what Rewards he had been offered, or did receive, to withdraw himself, by Mr. Clansey or others?"
After hearing Counsel on either Side;
Sir John Fenwick being taken from the Bar, and the Counsel withdrawn;
Upon Debate of the Matter;
Question to the Judges, concerning Porter's Evidence:
This Question was stated to the Judges, "Whether, Sir John Fenwick being upon a Trial for High Treason, and it being objected against Mr. Porter by Sir John Fenwick, "That he had received Rewards for giving his Testimony against him;" if Mr. Porter were produced as an Evidence in any of the Courts below, to prove that the Lady Mary Fenwick had been tampering with him by Money, to take him off from giving Evidence against Sir John Fenwick; he may be heard as Evidence against the said Sir John Fenwick?"
After hearing the Judges thereupon, and Sir John Fenwick being brought to the Bar;
The Counsel for the Bill were told, by the Lord Keeper, by Order of the House, "That they were to proceed where they left off."
Porter heard, and Rowe examined about Goodman's Testimony:
Then the Counsel proceeded; and Mr. Porter was heard.
And Mr. Row being also sworn, and heard, in relation to Mr. Goodman's Testimony, and to what Mr. Dighton (Sir John Fenwick's Solicitor) proposed to him, to discredit Goodman's Evidence;
Goodman's Information against Sir J. Fenwick allowed to be read:
The Counsel for the Bill desired Mr. Goodman's Information, taken by Mr. Vernon, might be read.
Sir John Fenwick's Counsel objecting thereto; the Counsel withdrew.
And, upon Debate of that Matter,
This Question was put, "Whether the Information of Mr. Goodman, taken upon Oath before Mr. Vernon, shall be read?
It was Resolved in the Affirmative.
Protest against it.
Willughby De Broke.
Lords Leave to withdraw, being not well:
Leave was asked, and given, to the Lords following, to withdraw, being indisposed; (videlicet,)
Goodman's Information read:
Sir John Fenwick and Counsel being again called in; and Mr. Vernon being sworn, and declaring "that Mr. Goodman's Information was written by the said Mr. Goodman with his own Hand, and sworn to before him;" the same was read at the Bar.
Then the Counsel for the Bill desiring Sir John Fenwick's Indictment before the Grand Jury might be read, and some of the Gentlemen of the Jury be sworn, in relation thereunto; and the Counsel against the Bill opposing the same:
Sir John Fenwick and Counsel being withdrawn;
After Debate; It was agreed, that some of the Gentlemen of the Grand Jury might be examined, as to what Goodman deposed before them.
Grand Jury examined, about Goodman's Depositions before them:
Sir John Fenwick being again brought to the Bar, and Counsel called in; the Counsel for the Bill were told, "They might go on to examine the Gentlemen of the Grand Jury."
Mr. Bartholomew Gracedieu, Mr. John Read, and Mr. John Mead, being sworn, were heard, as to what Goodman swore before the Grand Jury.
The Counsel for the Bill proposing to read the Evidence given at Peter Cook's Trial by Goodman; which being opposed by the Counsel of Sir John Fenwick:
After Sir John Fenwick was taken from the Bar, and Counsel withdrawn;
Upon Debate concerning that Matter;
This Question was put, "Whether the Debate shall be now adjourned?"
It was Resolved in the Affirmative.
Whereupon the Orders following were made; (videlicet,)
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate this Day, whether the Evidence given at Peter Cook's Trial shall be read at the Bar, shall be adjourned to To-morrow at Twelve a Clock."
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 of and bring Sir John Fenwick Baronet to this House To-morrow, at Twelve of the Clock."
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 To-morrow, at Twelve of the Clock, this House shall be called over; and that such Lords as 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."
Lords absent with Leave, to be summoned.
"ORDERED, That those Lords who were absent (by Leave of the House) when called over this Evening, be summoned to attend To-morrow, at Twelve of the Clock."
Upon calling over the House this Day at the Rising thereof, the Duke of Devonshire being absent:
D. of Devon to be attached, for not attending.
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 or Deputies, do forthwith take into Custody the said Duke of Devonshire, and bring him to this House; and this shall be a sufficient Warrant on that Behalf
To Sir Fleetwood Sheppard, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) decimum sextum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.