House of Commons Journal Volume 10: 22 March 1689

Veneris, 22 die Martii, 1688.

Prayers.

Coronation Oath.

MR. Medlicot reports from the Committee to whom it was referred to inspect the Coronation Oath, and consider what Alterations or Amendments were fit to be made therein; and to report the same to the House; That the Committee, having taken the same into their Consideration, had agreed upon the Form of an Oath: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table:

And the House being acquainted, That the Committee sat Yesterday in the Afternoon, while the Grand Committee of Grievances were sitting; so that several Members who were of the Committee, could not be there to attend the Matter touching the Coronation Oath;

Resolved, That it be recommitted to the same Committee; and that they do meet at Eight of the Clock Tomorrow Morning, at the former Place; and make their Report To-morrow Morning at the Sitting of the House.

Fitzharris's Case.

The House being acquainted, that Mrs. Fitzharris and several Witnesses, according to the Order of Saturday last, were at the Door;

The Petition of Mrs. Fitzharris was again read; setting forth, That her Husband, being misled by the Popish Interest, about Seven Years since, in framing a treasonable Libel, to be laid on the Protestants, and being seized in the Attempt, the Imployers of him, being fearful of being known, they resolved to make him a Sacrifice, rather than the Conspirators should be discovered: And that thereupon he, before the last Oxford Parliament, was committed to Newgate, in order to be dispatched out of the Way; in regard he had discovered his Complices; and was therefore by an unheard-of Practice, soon after removed to the Tower of London a close Prisoner, and not suffered to converse with his Wife or Friends; or Pen, Ink, or Paper: And that the Oxford Parliament taking notice of the same, and the Designs of stifling his Discovery, the Commons in Parliament not only impeached him before the Lords, but passed a Vote against any inferior Court's trying him: And that no sooner was the Parliament dissolved, but he was indicted before the Court of King's Bench for the said treasonable Paper: And though Mr. Whitacre, by the Advice of learned Counsel, stood up for the Privileges of Parliament, and gave in a special Plea to the Jurisdiction of that Court in the Case, and had Counsel to argue it; yet the Lord Chief Justice Pemberton, with Two more of the Judges, over-ruled it, and forced him to plead Not guilty: And that, though a special Jury, by Rule of Court, was returned, to try him, yet Sir Robert Sawyer, the King's Attorney General, to make sure of the Design against the Discovery, contrary to Law, challenged divers of the Jury as they came to be sworn, without shewing any Reason (a Practice never heard of before); which the Chief Justice allowed of: So the Petitioner's Husband (although he proved he was hired by the Popish Party at Whitehall to transact that Affair, and 200£. paid him as a Reward) was found guilty; and, after divers Promises made upon his Discovery, yet because he would not lay the Design on the Protestants, was executed; and the Petitioner, and her Three Children, left in great Distress: And praying the House to take the whole Matter into their Consideration; and that the deplorable Condition of the Petitioner, and her Children, may be considered.

The Examinations of Mr. Fitzharris, as they are entered in the Journal of 1681; and the several Votes thereupon 25 and 26 Martii 1681, were read.

Resolved, That Mrs. Fitzharris, and the Witnesses, be called in.

Accordingly Mrs. Fitzharris and Mr. Whitacre, Solicitor, Sir Rob. Killigrewe, Mr. White a Messenger, and Mr. Bethell formerly Sheriff of London, came severally in; and declared what they had to say, touching the Matter of the said Mrs. Fitzharris's Petition.

Resolved, That the further Examination of the Matter be adjourned until Thursday Morning next.

Ordered, That the Clerk of the Crown do attend this House on Thursday. Morning next, with the Records of the Trial of Mr. Edward Fitzharris.

Reviving Proceedings at Law.

A Message from the Lords, by Sir Miles Cook and Mr. Methwyn;

Mr. Speaker, The Lords have passed the Bill, intituled, An Act for reviving of Actions and Process lately depending in the Courts at Westminster, and curing other Defects; with some Amendments, to which they desire the Concurrence of the House.

And then the Messengers withdrew.

Supply for reducing Ireland.

The Order of Yesterday, for the House to resolve itself into a Committee of the whole House, to consider of a Motion then made, for a Supply to be given to his Majesty towards the Reducing of Ireland, was read.

The Question being put, That Mr. Speaker leave the Chair;

It passed in the Negative.

Privilege-Libellous Words.

The House was informed, that one Captain Motly had uttered, in a Coffee House in Buckingham Court, some dangerous Words, in respect of the present Government, and reflecting upon this House; and that one Mr. Bowtell was at the Door to testify the same:

Resolved, That Mr. Bowtell be called in.

He came in to the Bar; and there gave an Account of what he heard Captain Motley say; viz. That, in Three Weeks, King James would be possessed of Whitehall; and he would hold One hundred Pounds to Ten Pounds, King William would abdicate the Government in Three Months Time, as King James did; and that he swore against the Times; and that the Words were spoke in a Coffee House in Buckingham Court, near Whitehall; and, he believed, the Woman of the House heard it; and that Captain Motley, withal, swore that he would break the Informator's Head if he would not believe it.

Ordered, That Captain Motley be sent for, in Custody of the Serjeant at Arms, to attend this House, to answer an Information given against him this Day to this House.

Leave of Absence.

Ordered, That Sir Richard Newdigate have Leave to go into the Country, till Thursday sevennight next, for his Health.

A Member to attend Lords as Counsel.

Ordered, That Mr. Finch, a Member of this House, have Leave to attend the Bar of the House of Lords, as Counsel in a Cause there to be heard To-morrow between Roper and Roper.

Declaration of Rights, and Settlement of the Crown.

Resolved, That the Committee appointed to prepare a Bill for the enacting the several Articles contained in the Declaration of both Houses, agreed upon the 12th Day of February last, and presented to his now Majesty, the 13th, Day of the same February, and for settling the Crown, and preventing any Papist to succeed to the Crown of this Kingdom be revived: And that there be added Sir Thomas Lee, Mr. Good, Sir Christopher Musgrave, Sir Tho. Clarges, Mr. Cristy, Mr. Wogan, Mr. Walter, Sir James Oxinden, Sir Rich. Temple, Mr. Garway, Mr. Foley, Major Wildman, Colonel Birch, Mr. Russell, Mr. Sacheverell, Sir Hen. Goodrick, Mr. Gwyn, Lord Falkland, Sir Hen. Hobart, to the said Committee: To meet this Afternoon at the Place before appointed.

Leave of Absence.

Ordered, That Sir Fra. Guybon have Leave to go into the Country, for Three Weeks.

Supply for reducing Ireland.

Resolved, That Mr. Speaker do now leave the Chair.

Mr. Speaker left the Chair.

Mr. Hamden took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Hamden reports from the Committee of the whole House, to whom it was referred to consider of a Motion then made, for a Supply to be given to his Majesty, towards the Reducing of Ireland, That, the Committee having taken the same into their Consideration, they had agreed upon Four Resolves: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, are as followeth;

1. Resolved, That it is the Opinion of this Committee, That a Supply be given to his Majesty, of the Sum of 302,361£. 17s. 10½d. for Six Months, for the maintaining 22,330 Men, towards the Reducing of Ireland.

2. Resolved, That it is the Opinion of this Committee, That a further Supply be given to his Majesty, of the Sum of 27,451£. 13s. 4d. for the Levy Money and Transportation of the Forces aforesaid.

3. Resolved, That it is the Opinion of this Committee, That a further Supply be given to his Majesty, of the Sum of 81,935£. 17s. 3d. for providing Artillery and other Necessaries, by the Office of the Ordnance, for the Use of the Forces before-mentioned.

4. Resolved, That it is the Opinion of this Committee, That it will be necessary that the like Supply of 302,361£. 17s. 10½d. be hereafter granted, for paying the Forces aforesaid, and for Contingencies for other Six Months, if the War in Ireland should so long continue.

The first of the said Resolves being read a Second time;

An Amendment was proposed to be made to the said Resolve, by adding, after the Word "Men," these Words "and Contingencies belonging to the same."

Which, on the Question put thereupon, was agreed to by the House.

Another Amendment was proposed to be made, by adding after the Word "Men," and before the Words "and Contingencies," these Words, "and Officers."

Which, upon the Question put thereupon, was agreed to by the House.

Another Amendment was proposed to be made, by leaving out the Words "for Six Months," after the Word "Halfpenny," and inserting the same again after the Words "to the same":

Which, upon the Question put thereupon, was agreed to by the House.

Resolved, That the House doth agree with the Committee, in the said Vote, thus amended, That a Supply be given to his Majesty, of the Sum of 302,361£. 17s. 10½d. for the maintaining 22,330 Men, and Officers, and the Contingencies belonging to the same, for Six Months, towards the Reducing of Ireland.

The Second of the said Resolves, being read a Second, time;

Resolved, Nemine contradicente, That this House doth agree with the Committee, That a further Supply be given to his Majesty, of the Sum of 27,451£. 13s. 4d. for the Levy Money, and Transportation of the Forces aforesaid.

The Third of the said Resolves, being read a Second time;

Resolved, That this House doth agree with the Committee, That a further Supply be given to his Majesty, of the Sum of 81,935£. 17s. 3d. for providing Artillery, and other Necessaries, by the Office of the Ordnance, for the Use of the Forces before-mentioned.

The Fourth of the said Resolves being read a Second time;

Resolved, That this House doth agree with the Committee, That it will be necessary that the like Supply of 302,361£. 17s. 10½d. be hereafter granted, for paying the Forces aforesaid, and for Contingencies for other Six Months, if the War in Ireland shall so long continue.

Resolved, That this House do, To-morrow Morning at Ten of the Clock, resolve itself into a Committee of the whole House, to take further Consideration of his Majesty's Speech.

Call of the House.

Ordered, That the Calling over the House be adjourned till Wednesday next.

Committees.

Ordered, That all Committees be adjourned.

Committee of Elections.

Ordered, That the Committee of Elections do sit To-morrow in the Afternoon.

And then the House adjourned until To-morrow Morning, Nine a Clock.