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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
four Miles from Rome that I can prove L. C. J. Did he begg as he went Hanlett No. L. C. J. Mr. Plunkett if there is any Question you will ask of the Witnesses or if there be any Evidence you would give your self this is your time for the doing of it if not we must leave your Case to the Jury who have heard the Evidence all along Plunkett Only this my Lord your Lordships sees how I am dealth with First and foremost I have not time to bring my Witnesses or my Records which if I had I would not weigh one Farthing to leave my Cause with any Jury in the World Besides all this I am brought out of my own native Countrey where these men lived and I lived and where my Witnesses and Records are which would shew what these People are I sent by the Post and did all that I could and what can I say when I have not my Witnesses against these People they may swear any thing in the World you cannot but observe the Improbability of the thing in it self and unto what a Condition I am brought My Lord my Life is in imminent Danger because I am brought out of my own Country where these People would not be believed against me Mr. Sol. Gen. My Lord I think this matter lies in a narrow Compass the Evidence hath been long I would only repeat the short heads of that which hath been given at large He is Indicted for a Conspiracy to kill the King the Overt Act is an Endeavour to introduce a forreign Power into Ireland to raise an Army and levy War there and the Proof of it hath been very full The Proof in general that there was a Plot to introduce the French is plain by all the Witnesses and the Proof in particular upon this Person at the Barr hath been as plain as any thing can be They prove to your Lordship in general that there was an Expectation that the French should come in that there was an Invitation of Florence Wyer the first Witness to go over into France and speedily he should have a Command upon his return in Ireland that there were Preparations for this appears by the Oath of Secrecy given to several men Forty men that came along with Bishop Tyrrel to keep it private during their Lives and there was a farther Proof of that general Conspiracy by Duffy that when there was a general Meeting of so many thousand People for Confirmation there was by the Gentlemen at that Meeting a secret Consultation how to carry on the Design and how to list Men and to look out the old Officers in th● late Rebellion and to see what Posture they were in as to the management of this Design and this comes now particularly to the Prisoner who was by at this Consultation so the Witnesses do tell you But that that comes nearer to him is that he did issue out Orders for the raising of Money and that he did raise Money pursuant to those Orders and did receive Money for that very purpose this is proved by three Witnesses Duffy and Mac Legh who paid the Money and by Moyer the last Witness who saw him receive it from several Persons This is positive upon him nay they say farther that there was a List made of the several men in the several Parishes that were able to bear Arms upon occasion from sixteen to sixty and there was a List of a matter of threescore thousand men that were ready upon any Occasion to rise for the Purpose and this List was delivered over into the Hands of the Prisoner at the Barr. There is one Witness Duffy that saies farther that he saw a Letter under his Hand in France to the Cardinal Bouillon to invite the French King into Ireland and he did wonder that he should spend his Time and Blood in Wars against Spain which was a Roman Catholick and not come into Ireland to extirpate the Hereticks And this Letter is confirmed by another Letter which was seen by Moyer a Copy of which is produced which he translated from the Original in Latin and the Letter was sent to Rome by Neale O Neale whom the Prisoner saies he had no Concern for but to give him some Recommendations Plunkett I gave him no Recommendations L. C. J. No he saies he did not give him any nor sent any Letter by him Mr. Sol. Gen. Then he urged that he went along begging by the Way but 't is proved he was sent by him and sent with Letters and that by his Brother in Law who met him at Mants And 't is proved by Moyer who saw the Letter opened taking it to be but a common Letter of Recommendation he read the Letter and took a Copy of it and translated that Copy which Translation is enough to verify all the matter which the Witnesses have sworn for 't is agreeing to what he said to Cardinal Bouillon in his other Letter that it was more proper for the Catholick Princes to agree together to extirpate Heresy than to vary amongst themselves that now was the time for there were threescore thousand Men ready to rise upon such an Invasion This is the Substance of the Letter and this proves fully the Conspiracy this man was ingaged in his receiving Money his Listing Men and his Invitation of forreign Princes And this is fully proved Mr. Serj. Maynard And so his Viewing the Ports too Mr. Sol. Gen. It was likewise agreed that Carlingford should be the Port and 't is like enough to be the Port for 't is a very large Port that Ships of the greatest Burthen may come up to the Town and the Town it self but a weak Town This is the Substance of the Evidence and this is Proof enough we think to convict any Man of this Fact Mr. Serj. Jefferies My Lord I shall trouble you but with one word that hath been omitted I think 't is a Cause of great Example and that thing which the Prisoner seems to make his Excuse hath been answered by a Favor and Indulgence from the Court in a very extraordinary manner For in as much as this Gentleman would make it a very hard Case That he is brought out of his own Country and hath not his Witnesses it is very well known that by a particular Favor of the Court which is not usual in these Cases he had between five and six weeks time for preparation for his Tryal so that truly as to what does appear I think all the Witnesses that have been examined are Witnesses to be credited except you Gentlemen of your selves can convict upon your own Knowledge these Persons of any Misdemeanor which I think you cannot much less of Perjury But besides the Witnesses we have produced all which speak to the Plot in general and four of them fix it upon the Person at the Bar they speak particularly and every one agrees in Circumstances and that other that spoke mincingly I put it upon it