Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 26 die Octobris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. St. David's.
Marq. de Halyfax, Custos Privati Sigilli.
Dux de Norfolk, et Comes Marescallus.
Dux de Bolton.
Comes Pembrooke et Mount.
Ds. Grey de R.
Ds. Howard de Effingham.
Ds. North (fn. 1) et Grey.
Message from H. C. to impeach the E. of Salisbury and the E. of Peterborough.
A Message was brought from the House of Commons, Mr. Paul Foley and others:
Who did, in the Name of the House of Commons, and all the Commons of England, impeach the Earl of Salisbury and the Earl of Peterborough of High Treason, in departing from their Allegiance, and being reconciled to the Church of Rome; and that they will send further Articles against them in convenient Time, and did desire that they may be committed.
The the Commons withdrew.
The Commons were called in again; and told, "That the Lords would consider of their Message; and send an Answer by Messengers of their own."
Then the ensuing Order was made:
Order for attaching the E. of Peterborough.
"Whereas James Earl of Salisbury and Henry Earl of Peterburrough stand impeached by the House of Commons of High Treason, in departing from their Allegiance, and being reconciled to the Church of Rome: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of Henry Earl of Peterborrough, and bring him in safe Custody to the Bar of this House.
"To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them."
The Gentleman Usher of the Black Rod gave the House an Account, "That he had taken the Earl of Peterborrough; and he was now attending at the Door."
E. of Peterborough at the Bar:
Then he was called in; and, having kneeled at the Bar, the Speaker acquainted him, "That their Lordships had received an Impeachment from the House of Commons against him, for High Treason, in departing from his Allegiance, and being reconciled to the Church of Rome; and that they would send further Articles against him in convenient Time, and desired that he might be committed."
Then his Lordship spoke to this Effect:
"I am sorry it's my Fortune to come before your Lordships as a Delinquent. As for the rest, I desire, that, if I am to be committed, I may have a Copy of what is objected against me, and Time to answer, and Counsel allowed, and them and my Friends (considering the Nature of the Treason) to come to me: And I shall be ready to obey your Orders, whatsoever they be."
And so withdrew.
Committed to The Tower.
Whereas Henry Earl of Peterborough stands impeached by the House of Commons, of High Treason, in departing from his Allegiance, and being reconciled to the Church of Rome:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Chief Governor of The Tower of London, his Deputy or Deputies, do take into his Custody the Body of the said Henry Earl of Peterborough, and keep him in safe Custody, until he shall be delivered by due Course of Law. And this shall be a sufficient Warrant in that Behalf.
To the Chief Governor of The Tower of London, his Deputy and Deputies, and every of them.
Order for bringing the E. of Salisbury to the Bar.
Whereas James Earl of Salisbury and Henry Earl of Peterborough stand impeached by the House of Commons, of High Treason, in departing from their Allegiance, and being reconciled to the Church of Rome:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Chief Governor of Their Majesty's Tower of London, his Deputy or Deputies, do bring to the Bar of this House, on Monday next, at Ten of the Clock in the Forenoon, the said James Earl of Salisbury, now in his Custody; and this shall be a sufficient Warrant on that Behalf.
Message to H. C. to acquaint them with these Orders about the impeached Lords.
A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Adam Oateley:
To let them know, that the Lords have committed the Earl of Peterborough to The Tower of London; and that the Earl of Salisbury being already a Prisoner in The Tower, their Lordships have ordered him to be brought to the Bar on Monday next.
Then the Earl of Peterborough was called in again, and told by the Speaker, "That the Lords had considered of his Desires, and had given Liberty for his Friends to come to him."
The Order followeth:
E. of Peterborough to have Access of Friends.
"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Peterborough, now Prisoner in The Tower of London, shall be allowed to have his Lady, Friends, and Servants, to have access to him, so as the Governor of The Tower of London do give this House an Account of the Names of such Persons as shall come to his Lordship."
ORDERED, That the Lords the Bishops be, and are hereby, desired to appoint One of their Bench, to preach before this House, in the Abbey Church at Westminster, on the Fifth of November next.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 28um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.