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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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The RELATION Of the Tryal and Condemnation of Edvvard Fitz Harris 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 Confession at the place of EXECUTION Printed by H. Brugis in the Year 1681. The Relation of the Tryals of Edward Fitz-Harris and Oliver Plunket who were tryed at the Kings-Bench c. EDward Fitz-Harris the Debate about whose Tryal has filled all people with a longing expectation to know the Event It being a matter of a more than ordinary Nature and attended with circumstances not usuall having his Plea overruled by which he pleaded to the Jurisdiction of the Court of Kings-Bench last Term and then ordered to prepare for his Tryal the first Thursday in Easter Term was by a Rule of Court brought from the Tower to Westminster Hall where being set to the Barr It was moved by Council That he might be examined as to some particular points of Discovery before he entered upon his Tryal but the Court declared it could not then be granted and if he would have made any discovery he should have done it when he was upon Examination for that purpose So that silence being proclaimed the Jury were called who were all Freeholders in the County of Middlesex and after some exceptions both for the King and the Prisoner twelve were sworn and then his Indictment was read which contained such Treasons as are scarcely fit to be so much as mentioned As to particulars but in general to this Effect that Edward Fitz-Harris the Prisoner at the Barr as a false Traytor to our Soveraign Lord the King had Maliciously and Trayterously conspired against His Crown and Dignity intending Him to depose and murther by raising Rebellion and Leavying War to enslave the Nation to a Forreign Power to introduce Popery and Arbitray Government in order to the effecting which he had written or caused to be written and designed to be dispersed amongst His Majesties Leige Subjects a Scandalous and Treasonable Libill Intituled The true English Man speaking plain English c. As for the Treasons mentioned in the Libell upon which the Indictment was grounded which likewise was produced and read in Court I shall forbear to mention because I do not imagine them fit to be published but their designed Effects had not Heaven prevented were to create a misunderstanding between the King and His people to stir up fears and Jelousies to render Him odious and contemptable to His Subjects to terrifie them with apprehensions of Arbitrary Government Popery and slavery not only to degrade His Majesties Royal Auncestors of blessed Memory to lay a blot upon His Majesty and His Posterity and in fine to blow up a flame of Civil War amongst us that the French and the Papist to be raised in England might have fallen upon when divided and have put us all to the Sword this was Jesuitick Policy to the Life and out did if it be possible Hell it self To this Indictment he pleaded not guilty and for his Tryal put himself upon God and the Countrey when as Mr. Atorney General opened the Indictment to the Jury telling them the Heighnousness of the Crime and that not only the Kings Life was concerned in it but likewise theirs and every Protestants in England Scotland and Ireland and that we had all been immediately destroyed had it taken Effect after him the Kings Soliciter and Sr. George Geffery the Kings Councellour opened it to the same Effect when as Mr. Edmund Everard one of the Kings witnesses was called and sworn who testified that Fitz-Harris the Prisoner at the Barr about the 21. of Feb. 1681. Came to him at his Chamber in Grays Inn and having had some small acquainttance with him in the French Army he saluted him and desired that they might renew it after which he fell into a discourse how hardly Mr. Everard had been used since he left the Catholick to espouse the Protestant interest telling withall that if he would joyn with the Popish Party and be asisting to them he should be well provided for and that it would be very advantagious to him to this the witness seemingly consented to after which he grew bolder in his discourse that he had a design to have something writ and knowing him a man Capable to undertake it he would communicate it which proved to be the Libell or Horrid Treason for which he was afterward apprehended and now tryed the which Mr. Everard consented too and took his Instructions appointing a time when the Prisoner should call for it but in the mean time he acquainted several worthy Gentlemen with what had passed who advised him to be secret that so he might find out the bottom of the design which he promised to do and thereupon went to Sr. William Waller and Mr. Smith one of the Discoverers of the PLOT who promised him their assistance who coming by themselves at two several times when Fitz-Harris had appointed to be there Mr. Everard placed them so that they might not only see the Prisoner but overhear every word yet they remaine undiscovered by this means the whole design was layed open for the Prisoner not in the least mistrusting any who peeping through a Crevice heard him discourse about the Libell and seem somewhat displeased that it was not done As likewise the said Mr. Smith heard him promise Mr. Everard a great reward which should be given him by the French Ambassador for his better encouragement and that he should be entered a Pensioner under the French King and some thousands of Crowns besides an Anuall Pension for said he that King cares not what Moneys he disbursts so he can accomplish his Designs and that he was to have Forty Guineys from the French Ambassadors Confessor as soon as he had compleated the Libell which Libell this Evidence saw him take up and read crossing out and putting in as he thovght fit and that when this Libell was finished and dispersed so that it had set the people a madding that Mr. Everard should go to Common Council and Citizens of London to Incence them against the King and perswade them to offer some Hundred Thousand of Pounds to the Parliament to sit at Oxford to promise to stand by him with their Lives and Fortunes to rise all as one Man and not to Disband till their pretended grievances were setled These and such like Treasonable Practices were used by this Impious Traytor to overthrow the Government and introduce a French Power which he said would first Conquer Flanders and the low Countries and then falling upon us divided amongst our selves would devour us at a Morsell For so were his Expressions The next which gave Evidence was Sr. VVilliam VValler who was likewise placed by Mr. Everard to over-hear