House of Lords Journal Volume 13: 10 December 1678

DIE Martis, 10 die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Chancellor to write to absent Lords to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor do forthwith write Letters to all the Peers and Prelates Members of this House, who have not taken the Oaths of Allegiance and Supremacy, and subscribed the Declaration, in the Act lately passed obliging them thereunto, requiring the said Lords to come and attend His Majesty's Service in the House of Peers; intimating in the said Letters, That such of the said Lords as are within Fifty Miles of this Place do give their said Attendance within One Week after their Receipt of the Letters to them respectively sent; and that those Lords who are at a greater Distance from this Place give their Attendance within a Fortnight next after their Receipt of the said Letters; and that every of those Lords who through Age, or Sickness cannot come up do, within the Times to them respectively limited for their Attendance, send Two credible Persons to attend this House, to avow upon Oath, at the Bar, the true Cause why such Lord cannot attend this House according to his Summons.

Marq. Worcester, Privilege: Rogers released.

Upon hearing Counsel this Day at the Bar, as well on the Behalf of Nathan Rogers, being in the Custody of the Serjeant at Arms attending this House, for a Breach of Privilege of Parliament complained of to be by him (with others) committed in Wentwood Chace, in carrying away Wood cut there by the Marquis of Worcester, a Peer of this Realm, as Lord of the Manor where the said Wood grew; as also upon hearing the Counsel of the said Marquis of Worcester, concerning the Possession of the Place from which the said Wood was carried:

After due Consideration had of what was offered on either Part concerning this Matter; as also that the Lord Marquis of Worcester did freely in this House propose, "That he will not insist on any Privilege, to hinder the coming to a Trial at Law, in Easter Terme next, with the said Nathan Rogers, or any other Person concerned, upon the Right and Possession of the Place in Question, nor will cut any Wood off of the Premises till after the said Trial;" this House thereupon declaring, That this Condescension of the Marquis of Worcester shall be without Prejudice to his Lordship's Title, nor shall be given in Evidence against him at any Trial to be had concerning the Right and Possession aforesaid; as also that the said Nathan Rogers, being called to the Bar, was there told what the Marquis of Worcester had offered, and the House had approved of; and that the House looked upon what he the said Nathan Rogers had done to be a Breach of the Privilege of Parliament due to the Marquis of Worcester, for which their Lordships expected he should acknowledge his Offence, and ask Pardon of this House and the Marquis of Worcester, which Acknowledgment shall never be pleaded against him the said Nathan Rogers, or other Persons concerned, in the said Trial to be had as aforesaid; upon which, the said Nathan Rogers did at the Bar acknowledge and ask Pardon for his Offence against this House and the Marquis of Worcester:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nathan Rogers be, and is hereby, discharged from the present Restraint he is under, paying his Fees due to the Officers attending this House; and this shall be a sufficient Warrant on that Behalf.

To Sir Edward Carteret Knight, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Proceedings below to stay, after Securities are given, in Appeals.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, in all Cases of Appeals brought, or to be brought, into this High Court, from the Courts in Westminster Hall, the Party or Parties Appellant shall give sufficient Security, in the Court from the Decree or Judgement whereof the Appeal is brought, for Performance of the Decree or Judgement appealed from, in case the said Decree or Judgement shall be affirmed by this Court; and that, from the Time of such Security given, all Proceedings in the said Causes for which such Security is given shall cease in the said respective Courts; and that, until such Security be given as aforesaid, after the bringing of any Appeal into this Court, the Party or Parties on whose Behalf the Decree or Judgement so appealed from is made, or given, may proceed thereupon as if no such Appeal were brought into this Court.

Mrs. Innis, Leave to go to Flanders, to her Husband.

The House being moved, "That Mrs. Anne Innis, Wife to Mr. Innis, Major of the old English Regiment under the Lord Awdley in Flanders, may have Leave to go to her said Husband there:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anne Innis, with Two Servants, (videlicet) William Everet and Katherine Smith, be, and is hereby, authorized and permitted to repair to any of His Majesty's Sea Ports of this Kingdom, and to pass thence for Flanders, without the Lett, Stay, or Interruption, of any Person or Persons whatsoever; and this shall be a sufficient Warrant on that Behalf.

Preservation of the King's Person, &c.

ORDERED, That the House be put into a Committee To-morrow Morning, to proceed in considering of Heads for the preserving the King's Person and His Government, and securing the Protestant Religion.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 11^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.