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 Lunæ, 18 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Sir J. Hanham's Bill.
The Lord Lawarr reported from the Committee appointed to consider of the Bill, intituled, "An Act for vesting the Manor of Holme, alias East Holme, and other Lands of Sir John Hanham Baronet, in the County of Dorset, in Trustees, to be fold, for difcharging a Mortgage thereupon, and Payment of his other Debts:"
"That, upon Re-commitment of the Bill, they have (fn. 1) consulted the Lord Chief Justice, as to the Debts contracted by Sir John Hanham; and are satisfied that the Bill pass, with the Amendments made by the Committee."
Which Amendments, being read Twice, were agreed to, with an Amendment; and the Bill ordered to be engrossed.
Representation to the King, concerning the Earl of Monmouth:
The Earl of Rochester reported from the Committee appointed to draw what shall be presented to His Majesty, touching the Resolutions of this House, and the Commitment of Charles Earl of Monmouth, in relation
to the Papers delivered by the Lady Mary Fenwick, and the Examinations taken in this House concerning the same, the Representation following; (videlicet,)
"We, the Lords Spiritual and Temporal in Parliament assembled, humbly represent to Your Majesty; That, while the Bill for the Attainder of Sir John Fenwick was depending before us, we were informed, that several Papers, containing Instructions to the said Sir John Fenwick how to manage his Defence in Parliament, had been transmitted, from the Earl of Monmouth, to the Lady Mary Fenwick; and did therefore think it our Duty to make a strict Inquiry into this Matter: And having received several Papers from the said Lady Mary Fenwick, and spent a considerable Time in taking several Examinations and Depositions in relation to the same; wherein, amongst other Things, there were sworn against the said Earl of Monmouth some undutiful Expressions of Your Majesty; we proceeded to make the Two following Resolutions; (videlicet,)
"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That those Three Papers, which were delivered into this House by the Lady Mary Fenwick, do contain in them Matter of a scandalous Nature; and that the Contrivance of them is a high Crime and Misdemeanor.
"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it doth appear to this House, by the Depositions taken in this House, That Charles Earl of Monmouth has had such a Share and Part in the Contrivance of the Papers delivered into this House by the Lady Mary Fenwick, that, for that Offence, and for the undutiful Words which were sworn before this House to be spoken by him of the King, the said Charles Earl of Monmouth shall be, and is hereby, committed Prisoner to His Majesty's Tower of London, there to remain during His Majesty's Pleasure, and the Pleasure of this House.
"And for that the said Earl has the Honour to hold several Employments of great Honour and Trust near Your Majesty's Royal Person, and in Your Government; we conceive it a Duty incumbent upon us, to acquaint Your Majesty with our Proceedings in this Matter."
To which the House agreed.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, from this House, with the Representation relating to the Commitment of the Earl of Monmouth.
Proceedings to be entered in the Journal.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Papers delivered, and Examinations taken in this House, touching any Instructions given to Sir John Fenwick how to behave himself at his Trial, and relating to the Earl of Monmouth's Commitment to The Tower, shall be entered in the Journal of this House.
Committee to consider of Smith's Letters.
Lords Committees appointed to read the Letters and Papers delivered into this House by Mr. Mathew Smith; and have Power to send for him, or any other Person; and report to the House.
(fn. 2) Ds. Præses.
Ds. Willoughby Er.
Ds. Willughby Br.
Ds. Howard Esc.
Ds. Berkeley Str.
Ds. Herbert Ch.
Their Lordships, or any Seven of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) decimum nonum diem instantis Januarii, hora duodecima Aurora, Dominis sic decernentibus.