House of Lords Journal Volume 13: 11 December 1678

DIE Mercurii, 11 die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gratiano to be examined against Georgerine.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Writ of Habeas Corpus ad Testificandum be directed to the Sheriff of Bristol, for bringing Dominico Gratiano before the Lords in Parliament, to testify against Josephus Georgerine, concerning dangerous Words uttered by the said Josephus Georgerinc.

Merrey's Complaint against L. Howard's Protection of Tho. Merrey.

Upon reading the Petition of Edward Merry, complaining of a Protection granted by William Lord Howard of Esc. to Thomas Merry, whereby the Petitioner is hindered in taking Execution upon a Judgement by him obtained against the said Thomas Merry:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to examine and state the Matter of Fact set forth in the said Petition, and make Report thereof unto this House.

Capt. Spalding, Charge against him to be examined.

Upon reading the Petition of Captain Francis Spalding, a Prisoner in The King's Bench by Order of this House; praying, that he may have his Liberty upon Bail:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for examining of Persons and Papers do examine and sum up what the said Francis Spalding stands charged with in this House, and make Report thereof to the House To-morrow Morning.

Lieut. Sorocold attached, for Misbehaviour.

Upon Report made from the Lords Committees for examining Persons and Papers, "That William Sorocold hath behaved himself very ill before their Lordships; and hath arrested Mr. Gill a Constable of Westm. and Thomas Evans, for what they have done in order to the Service of the said Committee:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said William Sorocold, and bring him in safe Custody to the Bar of this House, to answer for his said Offences; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Officers, Civil and Military, to be aiding and assisting in this Service.

Popish Recusants Children Bill.

Hodie 1^a vice lecta est Billa, An Act for the more effectual preventing the sending or going of the Children of Popish Recusants beyond the Seas.

Marquis Worcester, Privilege: Rogers Complaint against the Serjeant at Arms, for exacting Fees.

Upon Complaint made to this House, by Nathan Rogers, "That, having made his humble Submission at the Bar of this House, for his late Offence in Breach of Privilege against the Marquis of Worcester, and having already paid Forty Pounds for Fees to Sir George (fn. 1) Charnock Knight, Serjeant at Arms attending this House, the said Serjeant did still demand much more Money of him for Fees, before he could be discharged:"

The said Sir George was thereupon called in to this House, to answer to the said Complaint; where he informing their Lordships, "That Mr. Rogers had indeed some Time since paid him Forty Pounds; but that only One Half thereof was paid him by the said Mr. Rogers for his own Fees, and the other Half was paid him for the Fees of one Edward Kemeys, who was One of the principal Offenders in the said Breach of Privilege, being named with the said Rogers and others in the Order of this House for their Attachment, dated the 10th of June last, and who is still standing out, not only in Contempt thereof, but also contrary to a Bond given when the said Money was paid by the said Nathan Rogers with Security (upon his own Offer) to the said Serjeant, as well for the Appearance of the said Edward Kemeys, as of him the said Nathan Rogers;" and further acquainting their Lordships, "That there was a considerable Sum incurred, since that Money was paid, for the Fees of both the said Persons; wherein nevertheless he was willing with all Readiness to submit to their Lordships Opinion, as to the Moderation thereof, in an Abatement of One Third Part:"

Rogers to pay the Serjeant his Fees.

Kemeys to be attached.

Which their Lordships being well satisfied with; and he further humbly begging their Lordships Direction as to his Proceeding against the said Edward Kemeys; it was thereupon, and upon full Consideration of the whole Matter, ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That he the said Nathan Rogers shall, in regard of his Submission made as aforesaid, and upon Payment of his Fees to the Officers of this House, and in particular of Twenty-four Pounds more to be paid to the said Serjeant (being, as is computed, what remains still justly due to him, after such Abatement and Application of that said Twenty Pounds to the Fees of the said Edward Kemeys as aforesaid), be discharged, both out of the Custody of the said Serjeant, and all other Restraint for his said Offence by virtue of the said Order of Attachment, and also from his said Bond as it relates to his own Appearance, but not as it relates to his being Security for the Appearance of the said Edward Kemeys; against whom it is hereby further ORDERED by their Lordships, That the said Serjeant at Arms shall still pursue the said former Order of Attachment, and bring him in safe Custody to the Bar of this House, to answer for his said Offence.

Preservation of the King's Person, and securing the Protestant Religion.

The House was adjourned into a Committee during Pleasure, to proceed in considering of Heads for preserving the Person of His Majesty and His Government, and securing the Protestant Religion.

The House was resumed.

The Earl of Bridgwater reported, "That the Committee are of Opinion, That an Act, or some Clause of an Act, may be prepared, to declare, That such Persons as shall turn from the Popish Religion to the Protestant Religion, from a Day to be named in that Act, shall be free from the Penalties of all Statutes against Popish Recusants; but shall not be capable of any Office or Employment Civil or Military, or be Head of a House in either of the Universities, for the Space of Two Years next following.

"That Provision, by an Act, or some Clause of an Act, may be made, that the Declaration, comprised in the Act lately passed the Royal Assent, shall be made and subscribed by all Great Officers once a Year."

Which Report the House Agreed to.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 12^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.