DIE Lunæ, 19 die Maii.
Domini tam Spirituales quam Temporales præsentes
Epus. Bath & Wells.
Epus. St. David's.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Dorset & Midd.
Comes St. Alban.
Vicecomes Say & Seale.
Ds. North & Grey.
Ds. Grey de Wark.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Gerard de Brand.
Ds. Arundell T.
Ds. Butler M. P.
Lords take the Oaths.
This Day these Lords took the Oaths of Allegiance
and Supremacy, and made and subscribed the Declaration against Transubstantiation, in the Pursuance to the
Act in the 25th Year of His now Majesty's Reign, for
preventing the Dangers which may happen from Popish
Recusants. The Witnesses, being first sworn at the Bar,
were examined by the Lord Chancellor, to prove the
Truth of the Certificates, concerning their Lordships receiving the Sacrament of the LORD'S Supper:
Robert Earl of Sunderland.
John Earl of Guilford.
Thomas Viscount Fauconberg.
Henry Bishop of London.
John Lord Robertes.
The Earl of Clarendon reported an Information and
Examinations from the Committee for Examinations,
presented unto them against one Richard Gerrard; who
is now in Town, being come up by Order of this House
to be a Witness for the Five Lords in The Tower: "The
Lords Committees refer it to the Judgement of this
House, whether upon these Informations and Examinations, the said Richard Gerrard should be admitted
as a Witness for the Five Lords in this Case."
The Informations were read, as follows:
Dugdale's Information against Richard Gerrard.
"Midd. et Westm. ss. The Information of Stephen Dugdale, of Whitehall, Gentleman, taken upon Oath, this
13th of May, 1679, before me, Edmond Warcupp
Esquire, One of His Majesty's Justices of the Peace,
in the said County, City,
"This Informant saith, That Richard Gerrard, of
Hinderson, in the County of Stafford, Esquire, was
actually concerned in the late horrid Conspiracy against
His Majesty, His Life and Government, and against
the Protestant Religion; and is a notorious Papist:
And this Informant knoweth that he was present and
advising, at several Meetings, with Vavasour, Lewson,
Peters, Gavan, Evers, Broadstreete, and several others,
for carrying on the said horrid Conspiracy: And this
Informant further saith, That the said Richard Gerrard subscribed Five Hundred Pounds, as his Proportion for carrying on the said Design, and hath since
paid all, or the most Part of the said Sum, to Mr.
Evers, who returned the same to Mr. Harcourt; in
the Return whereof this Informant was employed.
And this Informant further saith, That the said Richard
Gerrard was a Trustee for the Jesuits, and had several
Estates purchased in his Name for their Uses, and
had several Sums of the Jesuits proper Monies put
out at Interest in his Name; and particularly, this Informant did assign over an Estate, to the Value of
Four Hundred Pounds at the least, to the said Richard
Gerrard, by the Jesuits Order, and in Trust for them,
in order to the carrying on the said Design; which
Estate the said Richard Gerrard hath since re-conveyed
to this Informant, acknowledging there was no Use
made thereof, upon the Demand of this Informant,
because the Design went on no further. And this Informant further saith, That he is told, and doth believe,
that the said Richard Gerrard is lately come to this
Town, and lodgeth privately in some obscure Place,
in order to carry on some of the said or other
evil Designs against His Majesty. And further saith
Jurat. Die et Anno
supradict. coram me,
Richard Gerrard's Examination.
"Midd. et Westm. ss. The Examination of Richard
Gerrard, of Hinderson, in
the County of Stafford,
Esquire, taken this Seventeenth Day of May, 1679,
before me, Edmond Warcupp Esquire, One of His
Majesty's Justices of the
Peace in the said County
"This Examinant saith, That he is wholly innocent
of the late horrid Conspiracy against His Majesty and
the Government, and Protestant Religion; nor doth
he know any more of any such Plot, than Common
"He confesseth, that he was at a Meeting at Boscobell, where Mr. Vavasour, Mr. Lewson, Mr. Robert
Peters, and Mr. Gavan, Mr. Evers, and several other
Gentlemen, were present, and some that this Examinant did not know; and he saith, they dined there together, being in August last, as this Examinant remembers: But this Examinant doth not remember
that Mr. Broadstreet was there; and while they were
together, they spoke of indifferent Things, drank the
King's Health, and so departed. And this Examinant denieth absolutely that he subscribed any such
Sum of Five Hundred Pounds for carrying on the said
Design, or any other Sum whatsoever. But saith, he
might pay some Monies to Mr. Evers, but never any
considerable Sum; but remembereth not the Occasion
for which that Money was paid: But saith, that was
not for the said Design. And this Examinant says, he
was a Trustee between Mr. Dugdale and Mr. Evers;
but for whose Use, this Examinant knoweth not.
But Mr. Evers told this Examinant, That he had
agreed with Mr. Dugdale, for a Reversion of an Estate
in Yorkshire, after Stephen Dugdale's Life, and gave
One Hundred Thirty-one Pounds for it in Hand;
and that the Estate was assigned to this Examinant
accordingly, with an Indorsement or Release for Four
Hundred Pounds on the Backside of the Deed: And
this Examinant, being desirous to be discharged of
this Trust, did desire Mr. Evers, he might deliver
the Deeds to him; who received the same, and sent
them back to this Examinant, and desired they might
remain in this Examinant's Custody till he called or
sent for them; and this Examinant kept them, till an
Order came from the Privy Council, to deliver them
up, or shew Cause to the contrary. And this Examinant intended to wait on the Council thereabouts;
but the Justices of the Peace committed this Examinant for refusing the Oaths, which hindered this Examinant from going; whereupon this Examinant, finding Mr. Evers in the Proclamation, thought fit to
deliver the Deeds to one Ansell, according to the Order of the Privy Counsellors, dated the 12th of February last past. And this Examinant further saith,
That he doth not know of any Estate, purchased in
his Name, for the Jesuits Use, nor for the Use of any
other Person, to this Examinant's Remembrance. And
he saith, That all the Estate he now enjoyeth was
either left by his Ancestors, or purchased with his
own proper Monies; nor he doth not know of any
Monies put out in his Name for the Jesuits Use: But
he saith, That he had divers Sums of Money put
forth in his Name, for other Persons Use; but who
the Persons were that desired such Use of his Name,
or (fn. *) for whose Use the said Sums were, this Examinant doth not remember. And this Examinant further saith, That the Estate of Stephen Dugdale was
not assigned unto him for the Use of the Church of
Rome, that he knew of; and that he saw no Money
paid when the said Deeds were sealed by Mr. Dugdale. But this Examinant confesseth, that, for a
while, he did own the Assignment of the said Dugdale
to be for Four Hundred Pounds Consideration paid
by this Examinant as his own proper Monies; but
afterwards, upon the coming forth of the Proclamation, denied the same to be his own; but did it not
till it was very unlikely that Mr. Evers should return.
And this Examinant confesseth, that he hath absented
himself from his Habitation some Time, since the Discovery of the Plot discoursed of; but did it not for any
Apprehension of his own Privity thereunto, or of any
the least Knowledge he had of it; but merely because he was unwilling that the Justices should impose
the Oaths of Allegiance and Supremacy upon him,
which was in Time after the Justices had issued a
Warrant for this Examinant to appear before them
on that Occasion: But afterwards this Examinant did
appear at the Sessions among other Gentlemen, lest
any Suspicion might be had of this Examinant. And
this Examinant hath since taken the Oath of Allegiance; but was committed by the Justices although
he took the same, and remains still a Prisoner in
Stafford; but was permitted to come up to London,
upon the Summons of the House of Peers, to be
Witness for the Lords in The Tower. He confesseth,
that he knew the old Lord Aston, who was reputed a
Protestant, but, as he hath uncertainly heard, died a
Roman Catholic; and he believes the present Lord
Aston is a Roman Catholic. And further saith not.
Capt. 17° Maii, 1679,
His further Examination.
"Midd. et Westm. ss. The further Examination of
Richard Gerrard Esquire,
taken before me, Edmond
Warcupp Esquire, One of
His Majesty's Justices in
the said County and City,
this Day of May,
"This Examinant saith, That, at the Meeting at
Boscobell, in August last, mentioned in this Examinant's former Examination, there was something of
Prayers before Dinner; and that a Gentleman, one
Mr. John Gaven, read something forth of a Paper,
by which this Examinant had heard and conceives
the said Mr. Gaven made a Renunciation of the
World. After which, several of the Company, with
this Examinant went to see The Royal Oake, and so to
Dinner. And this Examinant further saith, That he
having Three Sons bred up in the English College at
St. Omers, he sent Seventy-five Pounds to Mr. Francis Evers, to transmit to St. Omers, for the Examinant's Children's Education there for the last Year;
and in the preceding Years, when this Examinant
had but One Son there, he Yearly sent Mr. Evers
Twenty-five Pounds for his Education there; but
whether Mr. Evers paid the said Monies to Mr. Harcourt, or by what other Hand Mr. Evers returned
the said Monies to St. Omers, this Examinant doth
not know. And this Examinant further saith, That,
in Obedience to His Majesty's Proclamation, he did
intend to send for his Three Sons from St. Omers;
but, not knowing who is now Superior there, or how
to convey any Letter to St. Omers without Hazard of
this Examinant, he hath hitherto forborne to send;
but is still ready and desirous to send for them Home,
if he may know how with Safety to do the same.
And this Examinant further saith, upon further
Thoughts, that he might put forth Monies at Interest for Mr. Evers and Mr. Vavasour, in this Examinant's Name; but whatever Sums were so put forth,
were re-paid to them; and whether it were their own
Monies, or the Jesuits Monies, or whose, this Examinant knoweth not. And this Examinant saith,
That he had known Mr. John Gaven about Four or
Five Years; and saith, that he was reputed to be a
Romish Priest. And this Examinant hath heard that
the said Mr. Gaven was the Son of a Tradesman in
London. And this Examinant further saith, That
there was a Rumour in the Country, of an Indulgence granted, at the Year of Jubilee last past, to the
Catholics of England, that, saying certain Prayers for
the Catholic Religion, Extirpation of Heresy, and
Unity of Christian Princes, and performing other Devotions, as plenary Indulgence was granted as if they
visited the Holy Places in Rome in the Year of Jubilee,
which happens but Once in Twenty-five Years. But
this Examinant knoweth not thereof, and further saith
Capt. Die et Anno supradict.
Richard Gerrard committed to Newgate.
Whereas Richard Gerrard Esquire is charged upon
Oath with Treason:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Keeper of the Prison of
The Gatehouse at Westm. in whose Custody the said Richard
Gerrard now is, be, and is hereby, required forthwith
to take Care for the conveying of the said Richard Gerrard to the Prison of Newgate, there to remain a Prisoner till he shall be discharged by due Course of Law;
and for so doing, this shall be a sufficient Warrant.
To the Keeper of the Prison of The Gatehouse at Westm. as also to the Keeper of
the Prison of Newgate, and their respective Deputies, and every of them.
The Informations and Examinations to be delivered to the Secret Committee of H. C.
ORDERED, That the Information of Stephen Dugdale
Gentleman, taken before Edmond Warcupp Esquire, One
of the Justices of Peace for the County of Midd. and
Liberty of Westm. against Richard Gerrard Esquire, who
is charged thereby to be guilty of the late horrid Conspiracy, as also Two Examinations of the said Richard
Gerrard taken by the said Edmond Warcupp, be transmitted to the Secret Committee of the House of Commons.
Commons desire the E. of Danby's Method of Trial, may be adjusted; and they will then go on with the Trial of the Popish Lords; and object to the Bishops desiring Leave to be absent, as it implies a Right to sit.
"The Lord President reported, "That the Lords
Committees have met this Morning with the Committee of the House of Commons; where the Commons
acquainted the Lords, that they had reported to their
House the Vote of this House, and the Desire of the
Lords Spiritual, which occasioned the House of Commons to give this further Instruction to their Committee; (videlicet),
"To insist on the former Vote of their House,
That the Lords Spiritual ought not to have
any Vote in the Proceedings against the Lords
in The Tower; and when that Matter shall
be settled, and the Method of Proceedings
adjusted, their House shall be then ready to
proceed upon the Trial of the Pardon of the
Earl of Danby, against whom the House of
Commons hath already demanded Judgement;
and afterwards to the Trials of the Five Lords
in The Tower.
"Upon which, the Lords told them, they
had no Authority to debate this Matter.
"The Commons then further said, That the Lords
Resolution, which was offered, was no Answer to
their Proposition, which comprehended the Earl of
Danby as well as the Five Lords; and the Lords Answer relates only to the Five Lords: Besides, the Lords
Answer was doubtful; for it appears, that the Bishops
asked Leave to be absent, but it appears not that it
was granted; and if they may ask Leave, and it be
not granted, then consequently the Bishops must sit in
Court at the Trials. The Commons conceive, that
the Bishops absenting themselves by Way of Leave
is a strong Implication of a Right asserted, which they
cannot allow can ever be maintained; and think there
is the same Reason for the Bishops being absent from
the Trial upon the Pardon, as at the Trial of the
other Five Lords; and that the naming of a Day for
the Trial of the Five Lords, before the Trial of the
Pardon of the Earl of Danby, against whom the Commons have already demanded Judgement, is a putting
that last, which they desired should be first.
"To which the Lords told them, They were not empowered to debate; but would report these Matters
to their House.
"The Commons hereupon replied, They are ready
to go on; and that, for Want of these Trials, all
Public Business stands still: But the Lords seem to
lay the Stop at the Commons Door, by naming a
Day, which they conceive ought not to have been appointed before the Methods be considered; for the
Lords have not answered the Commons in Matter of
Right, which is necessary first to be adjusted; and
they desire your Resolution as to that Matter; for
they conceive they have no Right: And the Lords
may as well make the Judges Part of their Court, as
the Bishops, in this Point.
"The Commons will give no Disturbance to the ancient Judicature; for they own that to be sacred.
And they conceive they have a Right to know before what Court they shall appear; and they hope
the Lords will consider of their having appointed a
Day before the Methods be considered, and will give
them Leave to wonder at it."
Papers found in Lord Stafford's House, to be delivered to the Secret Committee of H. C.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That Edmond Warcupp Esquire,
One of the Deputy Lieutenants and Justice of Peace
for the County of Midd. who, by Order of this House,
hath searched the House of Viscount Stafford, called or
known by the Name of Tarthall, and seized some
Papers there, do forthwith transmit the said Papers to
the Secret Committee of the House of Commons; and
for so doing, this shall be a sufficient Warrant.
Methods and Rules of Trial of the impeachedLords.
The Lord Privy Seal reported, "That the Committee
of Privileges have met, and considered of the Methods
and Rules to be observed at the Trials of the Five
Lords in The Tower; which are offered to the Consideration of the House."
No Lord to visit them without Leave.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That no Lord of this House shall
visit any of the Lords now Prisoners in The Tower, without Leave of this House first had on that Behalf.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Sir Robert Markham, &c.
To acquaint their Lordships, that the Commons have
passed a Bill, intituled, "An Act for reviving of a
former Act, intituled, An Act for giving Leave to
buy and export Leather and Skins tanned or dressed;" to which the Commons desire their Lordships
For re-engrossing Fines burnt and lost, Bill.
The Lord Privy Seal reported, "That the Committee appointed to consider the Bill for re-engrossing
the Fines which were burnt in The Temple, have considered the same; and are of Opinion, that the said
Bill is sit to pass, without any Amendment."
vice lecta est Billa, "An Act for re-engrossing of the Records of Fines burnt or lost in the late
Fire in The Temple."
The Question was put, "Whether this Bill
And it was Resolved in the Affirmative.
Message to H. C. that the Lords have passed it and Dale's Bill.
A Message was sent to the House of Commons, by
Sir William Beversham and Sir Samuell Clerke:
To acquaint them, that the Lords have passed the
Bill concerning Charles Dale's Estate, and also the Bill
for re-engrossing of the Records of Fines burnt or lost
in the late Fire in The Temple.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 20um diem
instantis Maii, hora decima Aurora, Dominis sic decernentibus.