House of Commons Journal Volume 10: 28 March 1689

Jovis, 28 die Martii; 1° Willielmi et Mariæ.

Prayers.

Simoniacal Promotions.

A BILL that the Simony of one Person may not prejudice another, was read the Second time.

Resolved, That the Bill be committed to Mr. Serjeant Maynard, Mr. Gwyn, Sir Christopher Musgrave, Sir Tho. Dyke, Mr. Dalben, Sir Wm. Poultny, Mr. Eyres, Mr. Roberts, Colonel Birch, Sir John Cutler, Lord Norreis, Mr. Paul Foley, Mr. Carter, Sir John Knight, Sir Wm. Meyle, Lord Fitzharding, Lord Digby, Sir Wm. Williams, Sir John Barker, Sir John Cary, Sir Jos. Tredenham, Sir Tho. Clarges, Sir Fra. Russell, Sir H. Goodrick, Sir Robert Clayton, Mr. Tho. Foley, Sir Robert Sawyer: And they are to meet this Afternoon, at Four of the Clock, in the Duchy Chamber.

Leave of Absence.

Ordered, That Sir John Cordell have Leave to go into the Country, for a Fortnight.

Ordered, That the Lord Commissioner Maynard have Leave to go into the Country, for Four or Five Days.

Marches Court in Wales.

Ordered, That it be referred to the Committee, to whom the Bill for taking away the Court holden before the President and Council of the Marches of Wales is referred, to consider of the Petition of Charles Chettwind Register, Robert Harmell Examiner, Charles Coleing Clerk of the Billets, Patent Officers in the said Court; which was read the Twenty-seventh of February last, and then ordered to lie upon the Table, to be considered when the Bill was to be read a Second time: and to report the Matter, with their Opinions therein, to the House.

Ordered, That all Members of the House that serve for the several Counties and Places within the Principality of Wales, be added to the Committee, to whom the Bill for taking away the Court holden before the President and Council of the Marches of Wales, is referred.

London Paving, &c.

Ordered, That Leave be given to bring in a Bill for the paving the Streets, and also for the cleansing the Streets and Highways in the Cities of London and Liberties thereof.

Address on Message for General Pardon.

Sir William Williams reports from the Committee, to whom it was referred to draw up an Address of Thanks to be presented to his Majesty, for his most gracious Message to this House the Twenty-fifth Instant, That they, having taken the Matter into their Consideration, had prepared an Address, accordingly: Which he read in his Place, and afterwards delivered the same in at the Clerk's Table: Where the same being read, a small Amendment was made thereunto by the House: And then, upon the Question put thereupon, the same was agreed unto by the House; and is as followeth:

May it please Your Most Excellent Majesty,

WE Your Majesty's most loyal and dutiful Subjects the Commons of England now assembled in Parliament, being filled with Joy and Gratitude, by Your most Gracious Message recommending to us the Consideration of an Act of Free and General Pardon, Indemnity, and Oblivion, humbly assure Your Majesty, we now directly see, what we always believed, that Justice and Mercy are to be equally and indifferently extended and distributed to all Your People, in the Administration of Your Government. This doth confirm our entire Confidence in Your Sacred Majesty, and cannot but make us believe, and heartily hope, it will conduce much to a perfect Union among Your Subjects. If any thing happen amiss, it must proceed from ourselves, and not from Your Majesty; since You are pleased to set no other Bounds to Your Grace and Clemency, than such as to Your Parliament shall seem necessary. It is our Duty, and shall ever be our principal Care, to provide for Your Majesty's Safety, as well in this, as in all our Proceedings, with exceptions agreeable to Your most merciful Purposes; only, that we may manifest to the World, we desire to comply intirely with Your Majesty's Mercy, as far as is consistent with the Security of Your Royal Person, and the Government. As Your Majesty hath been pleased to accept the Imperial Crown of this Realm, so You are resolved all Your good Subjects shall partake of the Blessings of Your Coronation; which must oblige and dispose all good men to join and unite in all Acts that may secure and support Your Majesty's Crown and Government, under our present Constitution and Establishment, and never to depart from the same.

Ordered, That such Members of this House as are of His Majesty's most honourable Privy Council, together with Sir William Williams, do attend his Majesty with the humble Address of the Thanks of this House, for his Majesty's most Gracious Message to this House, the Five-and-twentieth Instant.

Prince of Denmark's Nat.

Sir Hen. Capell reports from the Committee, to whom the ingrossed Bill, sent from the Lords, intituled, An Act for the Exhibiting a Bill in this present Parliament, for the Naturalizing the Most Noble Prince George of Denmark, was referred, That the Committee, having taken the same into their Consideration, did not think fit to make any Amendments thereto.

Resolved, That the Bill be read the Third time.

The Bill was read the Third time.

Resolved, That the Bill do pass.

Resolved, That Sir Henry Capell do go to the Lords, and acquaint them with the Concurrence of this House to the Bill.

Punishing Mutiny and Desertion.

The Bill for punishing Soldiers who should mutiny, and desert their Majesties Service, was read the Third time.

A Proviso, ingrossed, was offered, as a Rider, to be made Part of the Bill; and was Twice read; and was to this Effect; That, in all Cases of Death, the Officers who try the Prisoner should take an Oath to try and determine the Matter according to the Evidence: And that no Sentence should be given by less than Nine; and if the Court were above that Number, then by the Majority: And that no Proceedings or Sentence should be given, but between Eight of the Clock in the Morning, and One in the Afternoon.

Resolved, That the Proviso be read the Third time.

The Proviso was read the Third time.

Resolved, That the Proviso be made Part of the Bill.

Resolved, That the Bill do pass: And that the Title thereof be, An Act for punishing Officers or Soldiers, who shall mutiny, or desert their Majesties Service.

Leave of Absence.

Ordered, That Sir Thomas Mackworth and Sir Thomas Tayler have Leave to go into the Country, for a Fortnight.

Coronation Oath.

The Bill for establishing the Coronation Oath, was read the Third time.

A Proviso, ingrossed, was offered, as a Rider, to be made Part of the Bill: Which was read the First time; and is as follows:

"Provided always, and be it hereby Declared, That no Clause in this Act shall be understood so to bind the Kings and Queens of this Realm, as to prevent their giving their Royal Assent to any Bill which shall, at any time, be offered by the Lords and Commons, assembled in Parliament, for the taking away or altering any Form or Ceremony in the Established Church, so as the Doctrines of the said Church, a publick Liturgy, and the Episcopal Government of it, be preserved."

A Debate arose thereupon.-

Punishing Mutiny and Desertion.

A Message from the Lords, by Sir Miles Cook and Sir Robert Legard;

Mr. Speaker, We are commanded by the Lords to acquaint this House, That the Lords have agreed to the Bill for punishing Officers or Soldiers, who shall mutiny, or desert their Majesties Service.

Lords desire a Conference.

Also, that the Lords desire a present Conference with this House, in the Painted Chamber, upon the Subject Matter of the Bill, sent up this Morning, intituled, An Act for removing Papists, and reputed Papists, from the Cities of London and Westminster, and Ten Miles Distance from the same.

And then the Messengers withdrew.

Resolved, That this House doth agree to a present Conference with the Lords, as is desired.

The Messengers were called in again; and Mr. Speaker acquainted them therewith.

Resolved, That Sir John Lee, Sir Tho. Clarges, Sir Chris. Musgrave, Sir Rich. Temple, Mr. Hamden, Sir Geo. Treby, Mr. Finch, Mr. Palmes, Mr. Dalben, Sir Hen. Capell, Sir Jos. Tredenham, be the Managers of the Conference.

Conference on Bill for removing of Papists.

Mr. Hamden reports from the Conference with the Lords, That the Earl of Pembrook managed the Conference; and said, That they desire the Conference in reference to Two Things, relating to the Amendments by this House proposed to be made to the Bill; viz.

1. In an Alteration of the First Proviso, L. 6, instead of "Two," to read "Six," for this Reason;

Because, within the Time of Two Months, before the 13th of February, many may be supposed to have come up to this Town, upon some ill Designs, that were Inhabitants here formerly.

2. That they do not agree to the Change of the Proviso concerning the Queen Dowager;

Because her Majesty the Queen Dowager hath so many Years made such moderate Use of the Articles of Marriage, that there hath not been any just Occasion of Complaint in her Enjoyment of them: And it may seem to be at this time a kind of Severity to her Majesty to have those Articles, still restrained, by virue of That Act which was made for Preservation of the Person of the King her Husband; which Reason now ceases. And it is evident, in the Time of the late King James, when her Majesty might have been encouraged to entertain more Persons of her own Religion, most of her Servants, and Those in the most considerable Places, continued; and also others received into her Family, although Protestants. And it is conceived, it may be of ill Consequence, if her Majesty, by not living easily here, should be obliged to retire into Foreign Parts.

The Question being put, That the House proceed upon the said Report;

The House divided.

The Noes go forth.

And so it passed in the Negative.

Coronation Oath.

The Debate upon the Proviso, offered to be made Part of the Bill for establishing the Coronation Oath, was resumed.

And the Question being put, That the Proviso be read a Second time: And

It passed in the Negative.

Resolved, That the Bill do pass: And that the Title be, An Act for establishing the Coronation Oath.

Oaths of Supremacy and Allegiance.

An ingrossed Bill, sent from the Lords, intituled, An Act for Abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths, was read the Second time.

Resolved, That the Bill be committed, upon the Debate of the House, to Mr. Paul Foley, Sir Wm. Williams, Sir Rob. Gwyn, Lord Falkland, Sir Jos. Tredenham, Sir Rob. Nappier, Sir Philip Skippon, Sir Christopher Musgrave, Mr. Garway, Mr. Hamden, jun. Mr. Hamden, Sir Hen. Capell, Sir Thom. Lee, Mr. Grey, Mr. Gwyn, Mr. Fenwick, Mr. Eyres, Mr. Finch, Sir Richard Middleton, Sir Tho. Clarges, Lord Brandon, Mr. Carter, Sir Wm. Ashurst, Mr. H. Herbert, Mr. Dolben, Lord Digby, Major Wildman, Mr. Boscowen, Sir John Barker, Mr. Sandford, Sir Fra. Russell, Mr. Duncombe, Mr. Medlicot, Sir Wm. Ellis, Mr. Tho. Foley, Colonel Birch, Mr. Sacheverell, Mr. Wogan, Sir Thos. Barnadiston, Mr. Mildmay, Mr. England, Sir Wm. Cook, Mr. Done: And all that come are to have Voices: And they are to meet on Monday next, at Four of the Clock in the Afternoon, in the Speaker's Chamber.

Resolved, That this House will sit on Monday next.

The House interpose to prevent a Quarrel.

The House being informed that there was a Quarrel in the House, between Sir Thomas Tayler and Mr. Mansell;

Resolved, That they be required to give in their Protestation, that they will not prosecute any Quarrel.

And Mr. Speaker required the same: And they gave their Protestations accordingly.

New Radnor Election.

Ordered, That the Matter touching the Election of Burgesses for the Borough of New Radnor, upon the Petition of William Probert, Esquire, be heard by the Committee of Privileges and Elections upon Wednesday next.

Fitzharris' Case.

Ordered, That the further Examination of the Matter touching Mrs. Fitzharris, which was appointed to be this Day, be adjourned until Tuesday next: And that the Clerk of the Crown do then attend.

And then the House adjourned till Monday Morning, Nine a Clock.