House of Commons Journal Volume 11: 16 November 1696

Lunæ, 16 die Novembris;

8° Gulielmi Tertii.

Prayers.

Speaker's Chamber, & c. cleared.

ORDERED, That the Speaker's Chamber, and Lobby, be cleared of all Persons but the Members of the House, and Sir John Fenwick, the Counsel, Witnesses, and Solicitors: And that the Back-doors of the Speaker's Chamber be locked up.

Letter concerning Sir J. Fenwick.

Ordered, That Mr. Vernon do produce the Letter, of which he formerly informed this House; and do give his Evidence relating to Sir John Fenwick, while Sir John Fenwick is at the Bar.

Members summoned.

Ordered, That the Serjeant do go with the Mace into Westminster-hall, and Courts there, and Court of Requests, and summon the Members there to attend the Service of the House immediately.

And he went accordingly.

And, being returned with the Mace;

Fenwick's Attainder.

The House, according to the Order of the Day, ceeded further upon the Bill to attaint Sir John Fenwick Baronet of High Treason:

And Sir John Fenwick was brought to the Bar; and the Counsel were called in.

And the Bill found by the Grand Jury was produced, and read; with the Jurat of Captain Porter and Cardell Goodman thereupon.

And Captain Porter was called in, and examined:

And, in proceeding in his Evidence, it being objected, by Sir John Fenwick's Counsel, That Captain Porter should not be examined touching any Attempt to take off his Evidence;

That Matter was argued by the Counsel of each Side.

And then Sir John Fenwick, and the Counsel on both Sides, withdrew.

Resolved, That Captain Porter be examined touching the Attempt to take off his Testimony as to the late Conspiracy.

Then Sir John Fenwick was again brought to the Bar; and the Counsel were called in.

And Captain Porter proceeded in his Evidence, relating to one Clancye's endeavouring to procure him to withdraw himself.

And the Record of the said Clansye's Conviction for the same was produced, and read.

Also Mr. Thomas Row was called in; and examined, touching Mr. Dighton's Endeavours with him to discredit Mr. Goodman.

And the Proclamation for apprehending Mr. Goodman as being withdrawn, was produced.

And an Information of the said Cardell Goodman, sworn before James Vernon Esquire, 24 April 1696, being produced to be read;

And the same being objected against by Sir John Fenwick's Counsel;

That Matter was argued by the Counsel of each Side.

And then Sir John Fenwick, and the Counsel on both Sides, withdrew.

And the Question being put, That the Informations of Cardell Goodman, upon Oath, before Mr. Vernon the 24 of April 1696, be read;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Then Sir John Fenwick was again brought to the Bar; and the Counsel were called in.

And the said Information was read.

Then several of the Grand Jury were produced: Who testified, That Mr. Porter and Goodman were the Evidence upon the Bill before the Grand Jury; and also testified what Goodman then swore.

And it being grown dark, Sir John Fenwick, and the Counsel on both Sides, withdrew.

Candles.

Ordered, That Candles be brought in.

Then a Motion being made, and the Question being put, That the further Proceeding in the Matter relating to Sir John Fenwick be adjourned till To-morrow Morning, Ten a Clock;

The House divided.

The Noes go forth.

So it passed in the Negative.

Then Sir John Fenwick was again brought to the Bar; and the Counsel were called in.

And the Record of the Tryal and Conviction of Mr. Peter Cook being produced to be read;

Which being objected against by Sir John Fenwick's Counsel;

That Matter was argued by the Counsel of each Side.

And then Sir John Fenwick, and the Counsel on both Sides, withdrew.

And the Question being put, That the Record of the Tryal and Conviction of Mr. Cook be read;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Then Sir John Fenwick was again brought to the Bar; and the Counsel were called in.

And the Record was read accordingly: And that Porter and Goodman were sworn upon the Indictment.

And the Counsel against Sir John Fenwick offering to produce Evidence of what Mr. Goodman swore against Mr. Cook, at his Tryal;

Which being objected against by Sir John Fenwick's Counsel;

That Matter was argued by the Counsel of each Side.

And then Sir John Fenwick, and the Counsel on both Sides, withdrew.

And the Question being put, That the Counsel against Sir John Fenwick be allowed to examine Witnesses, as to what Mr. Goodman swore at the Tryal of Mr. Cooke;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Then a Motion being made, and the Question being put, That the House be adjourned till To-morrow Morning, Ten a Clock;

It passed in the Negative.

Then Sir John Fenwick was again brought to the Bar; and the Counsel were called in.

And several of the Petty Jury were called in; and gave Evidence of what Goodman testified against Mr. Cook, at his Tryal.

And Mr. Vernon gave his Evidence touching the putting off Sir John Fenwick's Tryal from time to time: And produced the Letter ordered by the House.

And one Fowles was examined touching that Letter:

But, it not being proved to be Sir John Fenwick's Hand, nor that he was privy to the Delivery of it, the Letter was not read, nor insisted on by the Counsel.

Then the Counsel for Sir John Fenwick desiring time till To-morrow Morning, to make their Defence and Observations;

Sir John Fenwick, and the Counsel on both Sides, withdrew.

After which they were called in again:

And the Counsel for Sir John Fenwick were demanded, by Order of the House, whether they had any Witnesses to produce; for that, if they had any, the House would hear the same presently:

Whereupon, the Counsel for Sir John Fenwick declared, That they had no Witnesses, but only in relation to a Record.

And then Sir John Fenwick, and the Counsel, again withdrew.

Resolved, That this House will proceed further in the Matter relating to Sir John Fenwick To-morrow, at Twelve a Clock.

Ordered, That Sir John Fenwick be remanded to the Prison of Newgate: And that he be, by the Sheriffs of London and Middlesex, and Keeper of the Gaol of Newgate, brought to this House To-morrow, at Twelve a Clock: And that Mr. Speaker do issue his Warrant accordingly.

The Counsel for Sir John Fenwick having informed this House, That they had no Witnesses to produce except in relation to a Record;

Resolved, That this House will not allow them to produce any Witnesses, unless in relation to the said Record.

Ordered, That the Bill to attaint Sir John Fenwick Baronet, of High Treason, be read a Second time Tomorrow.

Ordered, That Mr. Dighton do attend this House To-morrow, at Twelve a Clock,

And then the House adjourned till To-morrow, Twelve a Clock.