House of Lords Journal Volume 13: 21 April 1679

Pages 529-531

Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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In this section

DIE Lunæ, 21 die Aprilis.


Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Carlile.
Epus. Ely.
Epus. Chichester.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol.
Dux Cumberland.
Ds. Cancellarius.
Comes Shaftesbury, Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
L. Chamberlain.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Suffolke.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Manchester.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Guildford.
Comes Sussex.
Comes Feversham.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Sandys.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Robertes.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell de T.
Ds. Butler de M. P.


E. Feversham takes the Oaths.

This Day Lewis Earl of Feversham took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament.

Marq. of Dorchester excused.

William Colgrave and Charles Feltham deposed, upon Oath, at the Bar, "That the Marquis of Dorchester is so afflicted at present with the Stone and the Strangury, that he is not able to attend this House."

Which Excuse the House allowed of.

Trial of Peers, Bill.

Hodie 2a vice lecta est Billa, "An Act for the better regulating of the Trial of the Peers of England."

ORDERED, That the Consideration of this Bill is committed to the Committee of the whole House; and Saturday Morning to begin therein.

L. Mohun's Bill.

The Lord Viscount Halyfax reported, "That the Committee have considered the Bill to enable Trustees of the Manors and Lands late of Charles Lord Mohun, to sell Timber, and to make Leases, for Payment of his and his Father's Debts, and to raise a Portion for his Daughter: And their Lordships, having heard all Parties concerned therein, and made some Amendments, do offer the same to the Consideration of the House."

Which Amendments were read Twice, and Agreed to; and the said Bill ordered to be engrossed, with the said Amendments.

The House was adjourned during Pleasure, and the Lords withdrew to put on Robes.

The House was resumed.

King present:

Then His Majesty, sitting in His Royal Throne, adorned with His Regal Crown and Ornaments, commanded the Gentleman Usher of the Black Rod to let the House of Commons know, "His Majesty's Pleasure is, That they attend Him presently."

Who being come; His Majesty made this short Speech following:

His Speech.

"My Lords and Gentlemen,

"I thought it requisite to acquaint you with what I have done now this Day; which is, that I have established a new Privy Council, the constant Number of which shall never exceed Thirty.

"I have made Choice of such Persons as are worthy and able to advise Me; and am resolved, in all My weighty and important Affairs, next to the Advice of My Great Council in Parliament (which I shall very often consult with), to be advised by this Privy Council.

"I could not make so great a Change, without acquainting both Houses of Parliament. And I desire you all to apply yourselves heartily, as I shall do, to those Things which are necessary for the Good and Safety of the Kingdom, and that no Time may be lost in it."

This being done, His Majesty withdrew; and the Commons, with their Speaker, went to their House.

E. Danby's Time to answer enlarged.

Whereas Thomas Earl of Danby was, by Order of this House, to put in his Answer, in Writing, on Wednesday the 23th Instant, to the Articles of Impeachment, whereby he is charged by the House of Commons with Treason, and other high Crimes, Misdemeanors, and Offences:

It appearing, by the Petition of the said Earl, "That, by reason of some of his Counsel being out of Town, and that One of the Counsel whom his Lordship desired was not assigned to him, he cannot possibly be ready so soon to answer a Charge of so high a Concern to him; and therefore prayeth, that some longer Time may be allowed him for that Purpose;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Danby hath hereby Time given him, to put in his Answer to the said Charge, till Friday the Twenty-fifth Day of this Instant April, at Ten of the Clock in the Forenoon.

Report concerning an Intention to poison Oates and Bedloe.

The Earl of Clarendon reported, "That the Lords Committees for Examinations have received Examinations concerning a Design to poison Mr. Oates and Mr. Bedloe."

Which were read, as followeth:

Dr. Jones's Information.

"Midd. et Westm. ff. The Information of Doctor Wil'm Jones, M. D. taken upon Oath, this 28th Day of March, 1679, before me, Edmond Warcup Esquire, One of His Majesty's Justices of Peace in the said County and Liberty.

"This Informant faith, That, it being known that he was and is Physician to Mr. William Bedloe, Discoverer of the horrid Plot against His Majesty's Sacred Life and the Government, one Doctor Smith, a Physician, came to this Informant, on Saturday, being the 22th Instant, pretending some private Business; when this Informant, after some Discourse, said, "he must go to Mr. Bedloe." To which Doctor Smith replied, "Are you great with Mr. Oates and Mr. Bedloe?" This Informant replying, "he was Physician to both:" The said Smith answered; "God damn them both! why do you not poison them? You may have more Money for that Service, than you know what to do withal." This Informant replied thereunto, "That an Enemy could not do him a greater Injury, than to put a Trust in him: How then could this Informant do Mischief to his Friends?" All which passed between this Informant and the said Doctor Smith, at his this Informant's Lodgings, at The Ball, at Chareing Crosse. And this Informant further faith, That he, with Doctor Smith, went thence to an Alehouse in Greene Streete, near The Mewes; where the said Doctor Smith did, among other Discourses, positively affirm, "That the Plot was no Plot at all; but a Thing pretended and contrived by Oates, Bedloe, and the Earl of Shaftesbury, merely to ruin the poor Roman Catholics." Whereupon this Informant said, "That if Mr. Oates and Mr. Bedloe did live, most of the Lords in The Tower would suffer." To which the said Doctor Smith replied, "They will; or they shall not live to see that Day, for they are too great Rogues to have a Being."

"Wm. Jones."

Jurat. Die & Anno supradict. coram me,

Edmond Warcup.

Dr. Smith's Examination.

Westm. et Libertat. ff. The Examination of Doctor Emanuell Smith, taken this 19th of April, 1679, in Pursuance of an Order of the Lords Committees for Examination of Matters relating to the Discovery of the late horrid Conspiracy, before me, Edm'd Warcup Esquire, One of His Majesty's Justices of the Peace in the said City and Liberties.

"This Examinant faith, That he knows no more of any Plot than the Child unborn. And as to any Belief of a Plot; he says the Circumstances speak as if there were a Plot, but how, what, or by whom, he knows not, nor for what Ends: But saith, That if he knew of any Plot against the King, the Government, or the true Protestant Religion he would reveal it. He confesseth, that he hath been acquainted with Doctor Jones about Five or Six Years; and that there never was any Difference between them. And this Examinant confesseth, that he and Doctor Jones were together at The Greene Mewes about the Time in the Information mentioned, when one Baxter, as this Examinant believes his Name to be, came to them; and there was Discourse about the Disease he then complained of. But this Examinant faith, That there was so little Concern about Mr. Bedloe in the Discourse then, that he remembers it not, nor took any Notice of it. And this Examinant faith, That, Mr. Jones declaring that Mr. Bedloe was his Patient, this Examinant did or might say, "Why do you not prescribe him a Pill?" But meant not thereby any Ill to Mr. Bedloe. And this Examinant faith, That he had not any Thoughts of doing any Mischief to Mr. Bedloe upon any Account of the Papists; and denies that he ever mentioned the Word "Poison." He owns that he is a Christian; but of what Profession in Religion, refuseth to confess. And this Examinant faith, That, to his Remembrance or Belief, there was not the least Discourse touching the Earl of Shaftesbury; or any Design that his Lordship, with Mr. Bedloe or Mr. Oates; had to frame any Design against the Papists, or as if they intended any Design to make the Papists to be believed to intend any Thing against the Government established. And he faith, That Mr. Oates was mentioned at the same Time; and that he had no Malice either to Mr. Oates or Mr. Bedloe, or any Intent, by Money or otherwise, to persuade Doctor Jones to any Act of Poison, or hurting them. And this Examinant further faith, That, when he is in Town, he lodgeth in Creede Lane, at Mrs. Lawrence her House; and when he was in the Country, he was with an Aunt of his Wife's, at or near Baseing Stoake in Hampshire, at one Mr. Chaundler's; and that both Mrs. Lawrence and Mr. Chaundler, and all their Family, are Protestants. And he denieth that there was any Discourse whatsoever touching the Trial of the Lords in The Tower. And further faith not.

"E. Smith."

Capt. coram me,

Edmond Warcupp.

Whereupon the House made the ensuing Order:

Doctor Smith committed to The Gatehouse.

"Whereas Emanuell Smith, Doctor in Physic, is charged with endeavouring to prevail with Doctor Jones to poison William Bedlo; as appeareth by the Information of the said Doctor Jones, taken upon Oath: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of Woodstreat Compter, in whose Custody the said Emanuell Smith now is, do forthwith deliver him the said Emanuell Smith into the Prison of The Gatehouse at Westminster, there to remain a Prisoner till further Order; and for so doing, this shall be a sufficient Warrant.

To the Keeper of The Compter in Woodstreat, and the Keeper of the Prison of The Gatehouse at Westm. their respective Deputies, and every of them."

Allen examined, concerning encouraging Eliz. Oxley to fire Houses.

Upon Report made by the Earl of Clarendon, from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That James Allen (who was taken into Custody being charged with encouraging Elizabeth Oxley to fire Houses) hath been examined by their Lordships, and denieth what is charged on him:"

Now, in regard the Examinations taken concerning the House fired by the said Elizabeth Oxley in Fetter Lane are before a Committee of the House of Commons, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, do forthwith carry the said James Allen to the said Committee, to be examined and disposed of as the said Committee shall think fit; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them.

Sturges to be bröught from Chelmsford, and committed to The Gatehouse.

Upon Report made from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That their Lordships think it necessary that William Sturges, now a Prisoner in the Gaol at Chelmesford, should be brought to Town:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, do forthwith repair to the Gaol at Chelmesford, in Essex; and bring thence the Body of the said William Sturges, and deliver him into the Prison of The Gatehouse at Westminster, there to remain a Prisoner till further Order; and this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock, Serjeant at Arms attending this House, and to the Keeper of the Gaol at Chelmesford aforesaid, and to the Keeper of the Prison of The Gatehouse, and their respective Deputies, and every of them.


Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 22um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.