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A92381 The relation of the tryal and condemnation of Edvvard FitzHarris and Oliver Plunket who were tryed at the Kings-Bench on the 8th and 9th of this instant June, 1681, and there found guilty and condemned for high treason, for conspiring the death of the king, and to subvert the Protestant religion and government, by raising rebellion and leavying warr : with their last speeches and confessions at the place of execution. Plunket, Oliver, Saint, 1629-1681.; Fitzharris, Edward, 1648?-1681. 1681 (1681) Wing R881A; ESTC R42558 5,767 9

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his discourse who saw the Papers before Fitz-Harris came to which he gave a private mark that he might know them again then he saw Fitz-Harris come in and heard him ask for um the which when Mr. Everard delivered he perused and after having crossed out what he thought fit and Incerted several Sentences he returned them to be fair written over and when Mr. Everard began to boggle Saying That it was a Treason of a very high Nature and he knew not what to think of it Then Fitz-Harris replyed the more Treason the better am not I as deeply concern'd in it as you have you not part of it under my Hand Mr. Everard being again Examined what was to be done with them he said Fitz-Harris told him they were to be dispersed in Penny Post Letters and put into peoples Pockets and especially into some of the Protestant Lords who thereupon were to be apprehended as Traytors c. There were two more Evidences against him but those not very Meteriall therefore I shall omit only Sr. Phillip Floyd gave testimony that the Prisoner had confessed a Treasonable paper to be his own Hand writing After these and many other tedious Circumstances had possessed the Kings Councill summed up the Evidence laying open the Heighnousness of the Crime in all its particulars after which the Court gave the Jury their charge and having satisfied them in some Scrupulous Queries they started in Relation the Prisoner having been Impeached by the House of Commons they went out and after an hours Debate And on the 15th of this instant June 1681 Oliver Plunket Fitz-Harris were generally sentenced to be drawn hangd quarted Mr. Fitz-Harrys's Speech at his Execution at Tyburn July 1. 1681. GOod People This Infamous kind of Death is much more irksome to me than Death it self Such a Judgement as this my Sins against God may justly bring upon me and I do most humbly submit unto it But as to the Crimes which I now die for I take God to Witness I was no further concerned in the Libel than to discover to the King what Practises of that kind were against him being employed for that end though those that employed me refused to do me Justice at my Trial. And I call God to witness I never had a Farthing of Money of the King in my life but on the Account of the like Service And as to the Witnesses that have Sworn against me I do here solemnly declare now at my Death that I have not seen the French Ambassadour since the beginning of the breaking out of the Plot neither have I had any acquaintance with him And as to his Confessour I never spoke with him in my life neither have I had any dealing either directly or indirectly in my life with them though Sir Will. Waller and the rest Swore most falsly to the contrary And how like it is that the French Ambassadour would give three thousand Crowns for Writing that Libel I leave the world to judge I forgive all the World and do hope that God will forgive me I beg the Prayers of all good People for a happy Passage into the other World EDWARD FITZ-HARRIS The last speech of Mr. Oliver Plunket Titular Primate of Ireland who was Executed at Tyburn on Friday the 1st of this instant July 1681. Written by his own hand I Have some few daies past abided my Tryal at the Kings Bench and now very soon I must hold up my hand at the King of King's Bench and appear before a Judge who cannot be deceived by false Witnesses for he knoweth the secrets of Hearts he being all goodness and a most just judge will infallibly decree an Eternal reward for all good works and condign punishment for the smallest transgression against his Commandements Which being a most certain and undoubted Truth it would be a wicked Act that I should now by declaring any thing contrary to Truth commit a detestable sin for which within a very short time I must receive sentence of everlasting Damnation after which there is no Reprieve or hope of Pardon I will therefore Confess the Truth without any Equivocation and I protest upon the word of a Dying man and as I hope for Salvation at the Hands of the supream Judge that I will declare the Naked Truth with all Candor and Sincerity And that my Affairs may be better known to all the world T is to be observed that I have been Accused in Ireland of Treason and Praemunire and that there I was Arraigned and brought to my Tryal but the Prosecutors men of Flagitious and Infamous Lives perceiving that I had Records and Witnesses who would evidently convince them and clearly shew my Innocency their wickedness they voluntarily absented themselves and came to this City that I should be brought hither to my Trial Here after six Months close Imprisonment I was brought to the Bar the 3d of May and Arraigned for a Crime for which I was before Arraigned in Ireland A strange Resolution a rare Fact of which you will hardly find a Precedent these 500 Years past But whereas my Witnesses and Records were in Ireland the Lord Chief Justice gave me five weeks time to get them brought hither but by Reason of the uncertainty of the Seas of wind and weather I could not get them hither I therefore begged for 12 daies more which the Lord Chief Justice denied so I was brought to my Trial Accusing me of these following points First that I have sent Letters by one Nial O Neal who was my Page to Monsieur Baldeschi the Popes Secretary to the Bishop of Aix and to Principe Colonna that they might solicit Forrain Powers to invade Ireland and also to have sent Letters to Cardinal Bullion to the same effect 2ly to have imployed Captain Con O Neal to the French King for succour 3ly To have Levied and Exacted Monies from the Clergy of Ireland to bring in the French and to maintain 70000 men 4ly To have had in readiness 70000 men and Lists made of them 5ly To have surrounded all the Forts and Harbours of Ireland for the Frenches Landing To all which I answer as I hope for salvation I never sent Letters raised sums or Plotted against my King Countrey You see therefore what a Condition I am in and you have heard what Protestations I have made of my Innocency I hope you will believe the words of a dying man And that you may be the more induced to give me credit I assure you That a great Peer sent me notice That he would save my life if I would accuse others but I answered That I never knew of any Conspirators in Ireland but such as I said before as were publickly known Outlaws And that to save my Life I would not falsly accuse any nor prejudice my own Soul Quid prodest homini c. To take away any man's Life or Goods wrongfully ill becometh any Christian especially a man of my Calling being a Clergy-man of the Catholick Church and also an unworthy Prelate which I now openly confess Neither will I deny to have exercised in Ireland the Functions of a Catholick Prelate as long as there was any Connivance or Toleration and by Preaching and Teaching and Statutes to have endeavoured to bring the Clergy of which I had a care to a due comportment according to their Calling and tho' thereby I did but my duty yet some who would not amend had a prejudice for me and especially my Accusers to whom I did endeavour to do good I mean the Clergy-men as for the four Lay-men who appeared against me viz. Florence Mac-Moyer the 2 Neals and Hanlon I was never acquainted with them but you see how I am requited and how by false Oaths they brought me to this untimely death which wicked act being a defect of Persons ought not to reflect upon the Order of S. Francis or upon the Roman Catholick Clergy It being well known that there was a Judas among the 12 Apostles and a wicked man called Nicholas amongst the seven Diacons And even as one of the said Diacons to wit holy Stephen did pray for those who stoned him to death so do I for those who with Perjuries spill my Innocent Blood saying as St. Stephen did O Lord lay not this Sin to them I do heartily forgive them and also the Judges who by denying me sufficient time to bring my Records and Witnesses from Ireland did expose my Life to evident danger I do also forgive all those who had a hand in bringing me from Ireland to be tryed here where it was morally impossible for me to have a fair Tryal I do finally forgive all who did concur directly or indirectly to take away my Life and I ask forgiveness of all those whom I ever offended by Thought Word or Deed. I beseech the All-powerful That his Divine Majesty grant our King Queen and the Duke of York and all the Royal Family Health long Life and all Prosperity in this world and in the next everlasting felicity To the final satisfaction of all Persons that have the Charity to believe the Words of a Dying Man I again declare before God as I hope for Salvation what is contained in this Paper is the plain and naked truth without any Equivocation Mental Reservation or secret Evasion whatsoever taking the Words in their usual sense and meaning as Protestants do when they discourse with all Candour and sincerity To all which I have here subscribed my Hand OLIVER PLUNKET FINIS