Provincial Court Proceedings, 1658. 145

long continue there, if such things bee not remidyed, I told m^r ffitz-
herbert of it abou^t a yeare since in priuate, & allso th^t such things were
agst the Law of the Country, Yett his answere was, th^t hee must be
directed by his Conscience more then the Law of any Country, I doe
not (my Lord) thrust my selfe uppon any business of quarrell, but it
is peace & quietnes I desyre, & I hope yo^r L^p hath noe other cause, but
to wish the same, & soe I referre the consideraon of it to yo^u &
remaine
Yo^e L^ps most faythfull seruant to command Hen: Coursey.

Thomas Gerard Esq^r sayth uppon oath, That hauing conference
w^th M^r ffitzherbert as they were walking in the woods, & in his owne
Orchard, Touching the bringing his Children to the Roman Catho-
lique Church, Hee gaue m^r ffitzherbert reasons, why it was not safe
for himselfe & this Depon^t, And the s^d m^r fftzherbert told this Depon^t
That hee would compell & force them & likewise he sayd, th^t hee
would excommunicate him, ffor hee would make him know th^t hee
had to doe w^th the bringing up of his Children, & his Estate.
The Deposⁿ of Robert Slye aged 30 yeares or thereabouts sworne
& examined in open Court, Sayth
That some time in or about July or August in the yeare 1656, m^r
ffitzherbert being then att this Depon^ts howse, This Depon^t desyred
m^r ffitzherbert to informe him, who it was th^t had scandelously &
falsely accused him of beating his Irish seruants, because they refused
to bee of the same Religion of him the s^d Depon^t, w^ch request M^r
ffitzherbert refused to graunt, saying th^t hee did beleiue the Report to
bee false, & therfore desyred him the s^d Depon^t not further to urge
him in that busines, for he would not nor could not disclose the
Author thereof, M^r ffitzherbert told the Depon^t, that M^r Gerard had
allso beaten an Irish Seruant of his likewise, because shee refused
to bee a Protestant, or goe to prayer w^th those of his family th^t were

Liber
P. C. R.

soe, to w^ch the s^d Depon^t replyed, That that Story was like the other,
(or words to th^t purpose) ffor^r w^ch discourse likewise wee fell to
other Relating to M^r Gerard & the Children, M^r ffitzherbert told him
the s^d Depon^t, th^t M^r Gerard allthough hee professed himselfe a
Roman Catholique, yett his life & conuersaon was not agreable to his
profession, The s^d Depon^t asked him his reason, M^r ffitzherbert
answered because hee brought not his Wife & children to the Roman
Catholique Church, Moreouer he told him the s^d Depon^t th^t if M^r
Gerard would not bring his Children to his Church, hee would force
& compell him thereunto, if hee were the same in reallity, th^t hee
pretended himselfe to bee, Moreouer th^t if M^r Gerards life & con-
uersaon was not otherwise for the future, then what it had bene
formerly, hee would draw his sword agst him, if hee made choyce
of him for his ffather Confess^r, or to th^t effect. By the word, Sword,
this Depon^t understood th^t hee meant the Censure of the Church:

10

p. 104