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A63142 The tryal and condemnation of Edw. Fitz-Harris, Esq., for high treason at the barr of the Court of King's Bench, at Westminster, on Thursday the 9th of June, in Trinity term, 1681 : as also the tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high treason ... Fitzharris, Edward, 1648?-1681.; England and Wales. Court of King's Bench. 1681 (1681) Wing T2140; ESTC R34666 112,815 106

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I was altogether unworthy of of waiting upon the King I gave you my Reasons why I thought my self unfit for that Honour because I was not in any capacity of doing the King any Service And I looked upon the King as a Person too Sacred and whose Time was too precious to be trifled away upon one that had nothing to offer to Him and therefore I refused it But notwithstanding this was reinforced by you and when I still persisted in the denial of that which was an Honour I ought rather to have sought but only because I thought my self uncapable of deserving it After several Applications I did at last tell you besides the impertinency of it I did also apprehend it might be the occasion of some indecency for perhaps I might thereby put my self upon d●claring my self in some of my Sentiments very much differing from those of his Majesty And for me to seek an opportunity to express my Contrari●ty to his Majesty's Thoughts would be both rudeness and imprudence and therefore I did then ultimately answer you I would by no means be prevailed with Then you did lower it and said It should suffice if I would wait upon the Dutches● of Portsmouth Truly I told you as to that too you did me a great Honour and greater than I could expect for I had nothing I was afraid worthy her trouble and therefore I desired to know what it might mean In short you did resolve it into this That you did find the King under great app●ehension that there was something deep in the Hearts of some that stood at a distance from his Majesty and opposite to his Interest and that the Parliament stood at an irreconcileable difference with the King Truly said I I am a P●rson not ●it to speak in the Name of a Parliament for in a little time they will speak for themselves but if I were to speak or should presume to speak in the Name of the Parliament or the whole Nation I should say I believed the King would find his Parliament meeting him with as great Affection Duty and Loyalty as any Parliament ever met any King of England You said Then you were confident and you cited her Grace the Dutchess of P●rtsmouth for it that the King came to meet them with inclinations to gratify them in any thing they could d●sire Then said I to what end need I come there for the Parliament will speak its own Sense speedily Pray do me that kindness as to go and satisfie the Dutchess of Portsmouth and to let her know she may now have an opportunity of declaring how willing she is to be a good Instrument between the King and his People Said you I can assure you that she is altogether for the same Interest that you look towards for you are very much mistaken if you think she is a Friend to the Duke of York My Lord in short after much intreaty I did give my self that honour which I have no cause to repent or be ashamed of to go to Whitehall humbly to kiss my Lady Dutchess's hand and receive her Commands But when I came there I was surprized with a greater Honour of finding the King there and I think it was an opportunity wherein my time was not ill spent as to my self but I am afraid this 250 l. if it were given for the bringing me thither his Majesty doth not think he hath deserved it at this time Fitz-Harris Your Lordship came there in October last Lord Howard Because I will do you all the right I can it was as I take it the beginning of October and about the 10 th because the Parliament sat down the 23 d and as I remember it was a fortnight before This was the first time that I owe you thanks for the honour of seeing the King After that a matter of ten days I had a second opportunity and by your means also This was the last time I had the honour to se● the King but in publick After this I must confess when the Parliament was ended I did then willingly enough invite my self to the honour of waiting upon the Dutchess and give her thanks and tell her I was sensible she had endeavoured as much as in her lay to perswade the King into a good Opinion of the Parliament and to give them time of Sitting and thereby to give them opportunity of explaining their Intentions for his Service and Advantage This was also the last time I had the honour of seeing her At last parting from her I did make it my humble request to her that she would be pleased to represent your Condition to the King since by your means I had the honour to be shewed the way to her Graces Lodgings Fitz-Harris My Lord did not I come to you with a Message the night before my Lord Stafford was condemned Lord Howard You say right and it was in my thoughts and yet I thought it too tender a thing to speak of and therefore I thought it so because I must confess at that time you must excuse me I did believe you did not come with that Authority you pretended to make use of After the time that unfortunate Lord had had his Trial and the House were preparing their thoughts for the sentence I was indisposed and came not to the House that day which provoked the House so much that they were near committing me to the Tower but truly I was so ill in Body and had so little a mind to have my Vote mixed with his Blood that perhaps I should have run the hazard of going to the Tower about it if that had been all But the night before you came to me and told me as a great Secret That you did bring it as the desire of the King and as that which he would take as a great instance of my resignation to his Will and Pleasure and that for which I might promise my self all the greatest kindnesses possible for a Prince to shew to his Subjects if I would go the next day and give my Vote for my Lord Stafford Sir said I I have all the Obligations of Nature and Blood to dispose me as much as can be to favour my Lord Stafford as far as can consist with the integrity and sincerity of a Judg but though I was wavering in my own Thoughts the day before now by the Grace of God I will go though I be carried on Mens backs to the House Now I see there is so great an account put upon it for I see 't is the Concerns not only of my Lord Stafford but the Protestant Cause and then said I If all the Relations I have were melted down into my Lord Stafford if I had but breath enough to pronounce his Doom he shall die Mr. Attorn Gen. My Lord says he did not think you came from the King when you came with that Message Lord Howard Sir can I do you any more Service I shall be willing to do
herself and must be removed Mr. Att. Gen. This Paper that we speak of is a Copy of the Pannel and there are particular marks a great many Mr. Sol. Gen. A Woman hath a very great priviledge to protect her Husband but I never yet knew that she had liberty to bring him instructions ready drawn Mrs. Fitz-Harris My Lord The Lady Marquess of Winchester did assist in the Case of my Lord Stafford and took notes and gave him what Papers she pleased Lord Ch. Just Sure 't is no such huge matter to let a man's Wife stand by him if she will demean her self handsomely and fairly Mr. Att. Gen. It is not if that were all but when she comes with Papers instructed and with particular directions that is the assigning him Council in point of Fact Lord Ch. Just Let her stand by her Husband if she be quiet But if she be troublesome we shall soon remove her Fitz-Harris 'T is impossible I should make my defence without her Mr. Ser. Jefferies I see it is a perfect formal Brief Mrs. Fitz-Harris Must he have nothing to help himself Fitz-Harris In short the Kings Council would take my life away without letting me make my defence Mr. Att. Gen. I desire not to take away any Papers from him if they be such as are permitted by Law Mr. Sol. Gen. My Lord His Innocency must make his defence and nothing else Mr. Ser. Jeff. My Lord We are in your Lordships judgment whether you will allow these Papers Lord Ch. Just Let us s●e the Paper Fitz-Harris My Lord I will deliver them to my Wife again Lord Ch. Just Let it be so Cl. of Crown Call Sir Will. Roberts who did not appear Sir Michael Heneage Sir Michael Heneage My Lord I am so ill I cannot attend this Cause Lord Ch. Just We cannot excuse you Sir Michael if there be not enough besides 't is not in our power to excuse you Sir Mich. Heneage I must suffer all things rather than lose my health Lord Ch. Just Well stand by till the rest are called Cl. of Cro●n Sir Will. Gulston Nicholas Rainton Charles Vmphrevile they did not appear John Wildman Mr. Att. Gen. My Lord I desire he may be asked before he be called to the Book whether he be a Free-holder in Middlesex Major Wildman I am a Prosecutor of this Person for I was a Parliament man in the last Parliament and I dare not appear My Lord for fear of being questioned for breach of the Priviledges of the Commons Mr. Att. Gen. My Lord I pray he may answer that question whether he be a Free-holder in Middlesex Major Wildman I pray to be excused upon a very go●d reason I was one of them that Voted the Impeachment aga●●●t this man Mr. Att. Gen. Are you a Free-holder in Middles●x upon vour Oath Lord Ch. Just Look you Major Wildman you are returned upon a Pannel here you have appeared and your appearance is recorded you must answer such Questions as are put to you 't is not in your power to deny Major Wildman I begg the excuse of the Court I cannot serve upon this Jury Lord Ch. Just If you be no Free-holder the Law will excuse you Maj. Wild. Perhaps there may be some Estates in my name that may be Free-holds perhaps I may be some Trustee or the like Mr. Att. Gen. Have you any Free-hold in your own right in Middlesex Major Wild. I don't know that I have if it be in the right of another or as Trustee I take not that to be a Free-hold Cl. of Crown Call Thomas Johnson Mrs. Fitz-Harris Let him be sworn there is no exception against him Lord Ch. Just Hold your peace or you go out of Court if you talk again Mrs. Fitz-Har I do not say any thing that is any harm My Lord. Cl. of Crown Swear Tho. Johnson you shall well and truly try c. Fitz-Harris My Lord I pray the Clerk may not skip over the names as they are returned Cl. of Crown Sir I call every one as they are in the Pannel and don't do me wrong Lord Ch. Just It may be he does not Call them as they are mentioned and set down in the Pannel for all have not appeared but calls those only whose appearance is recorded Cl. of Crown I have called them as they are here set down Lord Ch. Just Well let them all be called for may be they will appear now that did not appear before Cl. of Crown Maximilan Beard Mr. Beard My Lord I desire to be excused I am very infirm and very ancient Threescore and Fifteen years of age at least Lord Ch. Just Why did the Sheriff return you if you be of that age you should be put out of the Free-holders book but stay you are here Impannel'd and have appear'd if there be enough we will excuse you Mr. Just Jones He ought to have Witnesses of his age and if he would not have appeared he might have had a Writ of Priviledge for his discharge in regard of his age Lord Ch. Just Well we will set him by if there be enough besides we will spare him Cl. of Crown Isaac Honywood he did not appear Lucy Knig●tley who was Sworn Henry Baker Mr. Att. Gen. My Lord I challenge him for the King Fitz-Harris My Lord why should he challenge him I desire to know the Law whether the 2 Foremen should not try the challenge and not the Court or the Council Mr. Ser. Maynard If the King challenge he hath time to shew cause till the Pannel be gone through the Law will have the minus suspecti but yet if there want any the King must shew good Cause Cl. of Crown Edward Probyn Mr. Att. Gen. I challenge him for the King Cl. of Crown Edward Wilford was Sworn Fitz-Harris My Lord Must not Mr. Attorney shew his caus● now Lord Ch. Just Look you Mr. Fitz-Harris either side may take their exception to any man but the cause need not be shewn till the Pannel is gone through or the rest of the Jurors challenged Cl. of Crown John Kent of Stepney Mr. Kent My Lord I am no Free-holder Lord Ch. Just Then you cannot be sworn here upon this Jury Cl. of Crown John Wilmore Mr. Att. Gen. We challenge him for the King Fitz-Harris For what cause Mr. Ser. Jeff. We will shew you reasons hereafter Cl. of Crown Alexander Hose● was Sworn Giles Shute Mr. Att. Gen. Are you a Free-holder Sir Mr. Shute No. Mr. Att. Gen. Mr. Whitaker is got near him and he tells him what he is to do My Lord. Fitz-Harris Here is the Lieutenant of the Tower between me and him Mr. Ser. Jeff. But the Barr is no fit place for Mr. Whitaker ●e is not yet called to the Barr. Cl. of Crown Martin James Mr. Att. Gen. Are you a Free-holder Sir Mr. James Yes Mr. Att. Gen. Then Swear him which was done Cl. of Crown Nathanael Grantham Mr. Att. Gen. Are you a Free-holder Sir Mr. Grantham No. Cl. of
Crown Henry Beiling Mr. Att. Gen. Are you a Free-holder Sir Mr. Beiling Yes Mr. Fitz-Harris Then I challenge him Cl. of Crown Benjamin Denis Mr. Att. Gen. Is he a Free-holder Mr. Denis No. Mr. Att. Gen. My Lord you ●●e what pra●●ices here are most of the Jury are no Free-holders Cl. of Crown John Pre●●on did not appear John Viner of White-Chappel Mr. Att. Gen. He hath fetch'd them from all the Corners of the Town here yet not all of them Free-holders neither Cl. of Crown Swear Mr. Viner which was done William Withers was Sworn William Cleave Sworn Thomas Goff Sworn Abraha● Graves Mr. Att. Gen. Ask him is he a Free-holder Mr. Graves No. Cl. of Crown Henry Jones Mr. Att. Gen. Is he a Free-holder Mr. Jones No. Cl. of Crown Ralp● Farr Mr. Att. Gen. Ask him the same Question Cryer Are you a Free-holder Sir Mr. Fa●r Yes Cl. of Crown Then swear him which was done Samuel Freebody Mr. Att. Gen. Are you a Free-holder Sir Freebody Yes Mr. Att. Gen. Then Swear him which was done Cl. of Crown Gilbert Vrwin of Covent-Garden did not appear Edward Watts of Westmi●ster Mr. Att. Gen. Are you a Free-holder Sir Watts Yes Mr. Att. Gen. Then we challenge you for the King Mr. Att. Gen. John Brads●aw of Holborn did not appear Isaac Heath of Wapping no Free-holder Edward Hutchins of Westmi●s●er Mr. Att. Gen. We challenge him for the King Cl. of Crown John Lo●kier of Westminster Mr. Att. Gen. Are you a Free-holder Mr. Lockier Yes Mr. Att. Gen. Then Swear him Cl. of Crown Count these Thomas Johnson Cryer One c. The Names of the 12 Sworn are these Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Vi●er William Withers William Cleave Thomas Go●●e Ralph Farr Samuel Freebody and John Lockier Cl of Crown Edward Fitz-Harris hold up thy hand Gentlemen you that are Sworn look upon the Prisoner and hearken to his Charge Fitz-Harris My Lord I humbly begg ●en Ink and Paper Lord Ch. Just Let him have Pen Ink and Paper Cl. of Crown You shall have them presently which were given him HE stands Indicted by the name of Edward Fitz-Harris late of the Parish of St. Martin in the Fields in the County of Middlesex Gent. for that he as a false Traitor against the most Illustrious and most excellent Prince our Soveraign Lord Charles the Second by the grace of God King of England Scotland France and Ireland his natural Lord not having the fear of God in his Heart nor weighing the duty of his Allegiance but being moved and seduced by the Instigation of the Devil the Love and true due and natural obedience which a true and Faithful Subject of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and with all his might intending the Peace and common Tranquility within this Kingdom of England to disturb and w●r and Rebellion against our said Soveraign Lord the King to stir up and move and the Government of our said Soveraign Lord the King within this Kingdom of England to subvert and our said Soveraign Lord the King from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to depose and deprive and our said Soveraign Lord the King to death and final Destruction to bring and put the 22. day of February in the 33. Year of the Reign of our Soveraign Lord Charles the Second now King of England c. and divers other days and times as well before as after at the Parish of St. Martin in the Fields in the County of Middlesex Traiterously did compass imagin and intend the killing Death and final Destructon of our said Soveraign Lord the King and the Ancient Government of this his Kingdom to change and alter and wholly to subvert and him our said Soveraign Lord the King that now is from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to depose and deprive and War and Rebellion against our said Soveraign Lord the King to stir up and Levy within this Kingdom of England And his said wicked Treasons and Traiterous Compassings Imaginations and purposes aforesaid to fulfil and perfect he the said Edward Fitz-Harris as a false Traitor together with one Emund Everard a Subject of our said Soveraign Lord the King did then and there Traiterously assemble himself meet and consult and thesame his Treasons and Traiterous Compassings Imaginations and purposes thenand there to the said Edmund Everard in the hearing of diverse other Subjects of our said Soveraign Lord the King openly Maliciously Traiterously and advisedly speaking did publish and declare and to perswade and induce the said Edmund Everard to be aiding and assisting in his said Traiterous Compassings Imaginations and purposes he the said Edward Fitz-Harris as a false Traitor Maliciously advisedly and Traiterously to the said Edmund Everard a great Reward then and there did offer and promise to procure and for the further Compleating of his Treasons aforesaid and to incite the Subjects of our said Soveraign Lord the King as one man to rise and open Rebellion and Insurrection within this Kingdom of England to raise against our said Soveraign Lord the King and our said Soveraign Lord the King from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to cast down and depose he the said Edward Fitz-Harris as a false Traitor a certain most wicked and Traiterous Libel the Title of which is in these English words following The true English man speaking plain English Traiterously Maliciously and advisedly in writing to be made and expressed did then and there cause procure and publish In which said Libel the said most wicked Treasons and Traiterous Compassings Imaginations and purposes aforesaid of him the said Edward Fitz-Harris to excite and perswade the Subjects of our said Soveraign Lord the King of this Kingdom of England against our said Soveraign Lord the King to rise and Rebel and our said Soveraign Lord the King from the Style Honour and Regal name of the Imperial Crown of this his Kingdom of England to deprive and depose in writing are expressed and declared amongst other things as followeth If James meaning James Duke of York the Brother of our said Soveraign Lord the King be Conscious and Guilty Ch s meaning Charles the second now King of England is so too believe me meaning himself the said Edward Fitz-Harris both these meaning our said Soveraign Lord the King and the said James Duke of York are Brethren in Iniquity they meaning our said Soveraign Lord the King and James Duke of York are in confederacy with Pope and French to introduce Popery and Arbitrary Government as their actions meaning the actions of our said Soveraign Lord the King and James Duke of York demonstrate The Parliaments Magna Charta and Liberty of the Subject are as Heavy Yokes they