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 Lunæ, 28 die Octobris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Presgrave versus Sherman.
Upon reading the Petition of William Presgrave Esquire; shewing, "That he moved the Lords Commissioners of the Great Seal, to have the Order for a new Trial reinforced, which was rejected; and praying Relief therein:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Thomas Sherman may have a Copy of this Petition; and be, and is hereby, required to put in his Answer thereunto in Writing, on Monday the 11th Day of November next, at Ten of the Clock in the Forenoon; whereof the said William Presgrave is to cause Notice to be given to the said Thomas Sherman, to the End he answer accordingly.
E. of Salisbury at the Bar.
The Lord Lucas, Chief Governor of The Tower of London, acquainted the House, "He had brought the Earl of Salisbury, according to their Lordships Order."
Who being brought to the Bar; having kneeled; the Speaker, by Directions of the House, told his Lordship, "That he stands impeached by the House of Commons, and in the Name of all the Commons of England, of 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 that they desire he may be committed."
The Earl of Salisbury said to this Effect:
"I went Abroad young, and was Seven Years out, and did not return a Year before I was committed. As for my Religion, when I come to defend it, I will defend myself as well as I can: I hope this Honourable House doth not expect I should accuse myself."
After this, his Lordship withdrew; and the House made the ensuing Orders:
Remanded to The Towers.
"Whereas James Earl of Salisbury 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 James Earl of Salisbury, and keep him in safe Custody until he shall be delivered by due Course of Law; and this shall be a sufficient Warrant on that Behalf.
"To the Chief Governor of The Tower of London, his Deputy and Deputies, and every of them."
To have Access of Friends.
"ORDERED, That the Earl of Salisbury, 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."
E. of Salisbury and Peterborough to have the Liberty of The Tower.
"ORDERED, That the Earl of Salisbury, now a Prisoner in The Tower of London, shall have Liberty to walk abroad within The Tower, where he stands now committed."
"ORDERED, That the Earl of Peterborough, now Prisoner in The Tower of London, shall have Liberty to walk abroad within The Tower, where he now stands committed."
Bayly, a Drayman, attached for Contempt of an Order.
Upon Oath made, "That John Bayly Drayman hath refused to obey an Order of this House:"
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 the said John Bayly, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant in that Behalf.
To Sir Tho. Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.
Green, a Brewer, to attend.
ORDERED, That Mr. William Greene, Brewer in Westminster, be, and is hereby, required to attend this House, on Wednesday next, at Ten of the Clock in the Forenoon; and hereof he may not fail.
Message to H. C. that the E. of Salisbury is committed on his Impeachment.
A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Methwin:
To acquaint them, that the Lords have sent the Earl of Salisbury Prisoner to The Tower of London, upon their Impeachment of High Treason against him.
Leave to visit his Lady.
ORDERED, That the Earl of Salisbury hath Leave to see his Lady as he goes to The Tower, she being sick.
The House was called; and these Lords following were absent:
Speaker to write to absent Lords.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Speaker of this House write Letters to those Lords who were absent, and not excused, upon calling of the House this Day, and living above Forty Miles from London, that they attend this House within Fourteen Days; and that those who are near the Town, attend within One Week.
The Tenor of which Letter followeth:
"I am commanded by the House, to signify to your Lordship, that your Attendance is required, all Excuses set apart, on Monday the Eleventh of November next; and in case of Sickness, which absolutely disables you, that then you send up Two Persons to attest the same upon Oath. I am,
"Your Lordship's most humble Servant."
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 29um diem instantis Octobris, hora duodecima meridiana, Dominis sic decernentibus.