DIE Mercurii, 23 die Decembris.
Domini tam Spirituales quam Temporales præsentes
Epus. Lich. & Cov.
Epus. Bath & Wells.
Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Custos Privati Sigilli.
Dux Devon, Ds. Senescallus.
Dux St. Albans.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Dorset, Ds. Camerarius.
Ds. Willughby Er.
Ds. Berkeley Ber.
Ds. Willughby Br.
Ds. Howard Esc.
Ds. Berkeley Str.
Ds. Arundell Tr.
Ds. Herbert Ch.
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:
vice lecta est Billa, intituled, "An Act to
attaint Sir John Fenwick Baronet of High Treason."
The Question was put, "Whether this Bill shall
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
"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
"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
"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
R. Bath & Wells.
Willughby De Brok.
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.
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.