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A63140 The tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high-treason at the barr of the Court of King's Bench at Westminster, in Trinity term, 1681. Plunket, Oliver, Saint, 1629-1681.; England and Wales. Court of King's Bench. 1681 (1681) Wing T2139; ESTC R25660 48,436 62

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your self very ill designing very great evil to all these and now it hath pleased God to bring you to Judgment I must tell you peradventure what you urge for your self might introduce pity if it were to be believed that is that you are innocent and had Witnesses to prove it but we cannot suppose any man innocent that hath had a legal and a fair Trial and a Trial with as much candor to you as your Case could bear or as perhaps any man in such a Case ever had You had time upon your Request to send for your Witnesses to help you in your Defence and to have proved your Innocence if you could have done it Time long enough to your own Content you your self thought it so at the time it was given To give a Prisoner under your circumstances five or six weeks time to send for Witnesses is not usual we could have put you upon a present Defence and hurried you out of the World by a suddain Trial if we had had any Design against you but we go on in a fair way and with legal Proceedings and with as much Respect to you as in such a Case could be used for we gave you all the fair Hearing and Liberty that you desired to have Look you as to what you urge that your Trial was in this Kingdom whereas your Offence was in another that is a thing that does not become you by any means to object for you have had a Trial here by honest persons and that according to the Laws which obtain in this Kingdom and that too of Ireland which is by a Statute not made on purpose to bring you into a Snare but an ancient Statute and not without Presidents of its having been put in execution before your time For your own Country will afford you several Presidents in this Case as O Rurke and several others that have been arraigned and condemned for Treason done there So that you have no reason to except against the Legality of your Trial. You say now you have Witnesses that could prove all this Matter why that lies in the mouth of any man that is condemned to say but pray consider with your self what Regard ought to be given to this We cannot help it if your Witnesses don't come you may remember they wanted not Time nor Opportunity to come over but you told us they would not come unless they had a Passport Plunket My Lord they got a Pass to come over afterwards and so in eight days they came hither Lord Chief Justice You might have provided your self if they wanted such a thing In the first place no body is bound to give it them much less could you expect it for them without asking Plunkett I could not get the Copies of the Records neither by any means unless I had an Order from the Council and they would not give that Order unless your Lordship appointed it L. C. J. We cannot tell that you should have petitioned in time Plunkett How could any one foresee unless he was God Almighty that they would deny it or that he could not get out a Copy of a Record paying for it without a Petition All the Friends I had told me upon Motion there it might be had but here I have it under the Lieutenants and Councils Hands that they would give no Copy of Records without Order from hence which before I could know it it was impossible for me to have them ready against my Trial. L. C. J. Look you Sir I do speak this to you to shew you that those Objections which you seem to make against your Trial have no weight at all but in this Case it is not the Jury that are so material as the Witnesses themselves I appeal to all that heard your Trial if they could so much as doubt but that you were Guilty of what you were charged with For consider here were persons that were of your own Religion the most of them Priests I think almost all of them in Orders Plunkett There were two Friars and a Priest whom I endeavoured to correct this seven Years and they were Renegadoes from our Religion and declared Apostates L. C. J. Look you Sir they gave an Evidence very home to your matter you had liberty to examine them and they gave you a rational Accompt of any thing you ask'd Let me but put you in mind of one thing You made Exceptions to one's Evidence and indeed that was very much of your Exception to all why he did not reveal this in all that time Truly he told you he was of your mind till he went into France and saw what a Slavery and Mischief you endeavoured to introduce upon his and your own Countrymen and this his Spirit rose against to see what a condition Ireland was like to be brought into And pray did not he give you a full Answer to that Question Plunkett I had sufficient Witnesses to prove he was an Apostate and was chastised by me and therefore had prepensed Malice against me Lord Chief Justice Therefore I have spoken this to the Satisfaction I hope of your self and all that hear it I do now wish you to consider you are near your end It seems you have lived in a false Religion hitherto it is not too late at any time to repent I wish you may have the Grace to do so In the mean time there is no room for us here to grant you any kind of Mercy though I 'le tell you we are inclined to pity all Malefactors Who ever have done evil we are inclined to pity them and wish heartily that they may repent as we do that you may of what you have done But all we can do now is to say what the Law says and that is to pass Judgment upon you Plunkett May it please your Lordship to give me leave to speak one word If I were a man that had no care of my Conscience in this matter and did not think of God Almighty or Conscience or Heaven or Hell I might have saved my Life For I was offered it by divers people here so I would but confess my own Guilt and accuse others But my Lord I had rather die ten thousand deaths than wrongfully accuse any body And the time will come when your Lordship will see what these Witnesses are that have come in against me I do assure your Lordship if I were a man that had not good Principles I might easily have saved my own Life but I had rather die ten thousand deaths than wrongfully to take away one farthing of any mans Goods one day of his Liberty or one minute of his Life L. C. J. I am sorry to see you persist in the Principles of that Religion Plunket They are those Principles that even God Almighty cannot dispence withal L. C. J. Well however the Judgment which we give you is that which the Law says and speaks And therefore you must go from hence to the place from whence you came that is to Newgate and from thence you shall be drawn through the City of London to Tyburne there you shall be hanged by the Neck but cut down before you are dead your Bowels shall be taken out and burnt before your Face your Head shall be cut off and your Body be divided into Four Quarters to be disposed of as his Majesty pleases And I pray God to have Mercy upon your Soul Plunket My Lord I hope I may have this favour of leave for a Servant and some few Friends that I have to come at me L C. J. I think you may have liberty for any Servant to come to you I know nothing to the contrary Plunket And some Friends that I have in Town L. C. J. But I would advise you to have some Minister to come to you some Protestant Minister Plunket My Lord if you please there are some in Prison that never were Indicted or Accused of any Crime and they will do my business very well for they will do it according to the Rites of our own Church which is the antient Usage they cannot do better and I would not alter it now L. C. J. Mr. Richardson you may let his Servant come to him and any Friend in your presence to see there be no Evil done nor any Contrivances that may hereafter have an Influence upon Affairs Mr. Just Jones Be you present or some body Plunket My Servant I hope may come without his being present L. C. J. Yes yes his Servant may be with him alone Well Sir we wish better to you than you do to your self Plunket God Almighty bless your Lordship And now my Lord as I am a dead Man to this World and as I hope for Mercy in the other World I was never guilty of any of the Treasons laid to my Charge as you will hear in time and my Character you may receive from my Lord Chancellor of Ireland my Lord Berkley my Lord Essex and the Duke of Ormond Then the Keeper took away his Prisoner and upon Friday the First of July he was Executed according to the Sentence FINIS ADVERTISEMENT Some Passages of the Life and Death of John Earl of Rochester who died the 26. of July 1680. By Gilbert Burnet D. D. Are to be sold by Eliphal Dobson Bookseller on Cork-Hill 1681.
them the said persons unknown our said Sovereign Lord the King that now is traiterously to kill and the Romish Religion into the said Kingdom of Ireland to introduce and establish And that he the said Oliver Plunket and other Traitors unknown afterwards to wit the said first day of December in the two and thirtieth year of the Reign of our said Sovereign Lord the King abovesaid at Dublin aforesaid in the Kingdom of Ireland aforesaid within the Dominion of our said Sovereign Lord the King with Force and Arms c. unlawfully maliciously devilishly and traiterously did receive collect pay and expend divers great Sums of Mony to divers persons unknown to persuade and induce divers other persons also unknown the said false Traytors in their said Treasons to help and maintaintain against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is his Crown and Dignity and against the form of the Statutes in that Case made and provided To this Indictment he hath pleaded Not Guilty Mr. Heath May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason against Dr. Oliver Plunket the Prisoner at the Bar and it sets forth that in the 32th Year of the King at Dublin in the Kingdom of Ireland he did compass and imagine the Death of the King and to deprive the King of his Kingdom of Ireland and to raise War to extirpate the Protestant Religion in the Kingdom of Ireland and to establish the Romish Religion there And it sets forth further That for the accomplishment of these Treasons the Defendant with several others did meet together at several places at Dublin in the Kingdom of Ireland and elsewhere and at these several meetings did consult and agree to put the King to Death to raise War to extirpate the Protestant Religion and set up the Romish Religion And the Indictment further sets forth that to accomplish these Treasons the Defendent did raise great Sums of Mony in the Kingdom of Ireland and did get several persons to contribute several Sums for these Treasons and that the Defendent with others did disburse several Sums of Mony to several persons to persuade them and entice them to be aiding and assisting in these Treasons and to recompence them for them To this Indictment the Defendent hath pleaded Not Guilty If we prove these things you are to find him Guilty Mr. Serj. Maynard My Lord we will quickly come to the Evidence But in short You have heard his Charge is as high as can be against the King and against the Nation and against all that is good The Design and Endeavour of this Gentleman was the Death of the King the Destruction of the Protestant Religion in Ireland and the raising of War And to accomplish this we charge him that there was a Confederacy made Assemblies and Consultations had to these ends and raising Mony to accomplish it Gentlemen Dr. Plunket was made as we shall prove to you as they there call him Primate of Ireland and he got that Dignity from the Pope upon this very Design He did by Vertue of that Power which he thought he had gotten make out Warrants Significations I know not what they call them to know how many men in Ireland could bear Arms from sixteen to forty he raises Taxes upon the People and the Clergy there But my Lord the particulars will best fall from the Witnesses that we shall call and prove it by and we need not make any aggravation for such a thing as this cannot be more aggravated than ' t is Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury the Character this Gentleman bears as Primate under a Foreign and usurped Jurisdiction will be a great inducement to you to give credit to that Evidence we shall produce before you We shall prove that this very Preferment was confer'd upon him upon a Contract that he should raise 60000 men in Ireland for the Pope's Service to settle Popery there and to subvert the Government The Evidence that we shall give you will prove how it leads to destroy the King and I take it according to the resolutions that have been to raise War in the Kingdom and to introduce a Foreign Power will be certainly Evidence of an Attempt and Machination to destroy the King Assoon as he was in possession of his Primacy he goes about his work There are two great necessaries to be provided Men and Money For men having this great spiritual Jurisdiction whereby indeed all that are under it are become Slaves he issues out his Warrants to all the Clergy of Ireland to give an account and make return from the several Parishes of all the men in them above fourteen and under sixty And Returns were accordingly made by them that he might accordingly take a measure what men to pick out for the Service The next thing was Money my Lord and your Lordship takes notice that when the Mind is enslaved the Purse nay all the Body bows to it He issues out his Warrants to his Clergy to make a Collection of Mony in all parts great Sums were levied and when they were levied we shall give you an accompt by our Proofs that several Sums were issued out and sent into France to further the business There was also provision made of great Ammunition and Arms and we shall prove in particular several delivered out by this Gentleman's Order to carry on this thing and to go through stitch with this business he takes a view of all the several Ports and places in Ireland where it would be convenient to land for they were to have from France an Auxiliary Force and upon his view he pitched upon Carlingford as the place We shall prove the several Correspondencies between Rome and him and France and him and several Messengers imployed and Monies issued out from time to time for their maintenance This will be the course of our Evidence and we shall begin first with some that do not speak so particularly to this Doctor but prove there was a general Design in all parts of the Kingdom of Ireland to bring in the King of France and extirpate the Protestant Religion And then we shall call the particular persons to the particular Facts against him First we call Florence Wyer Who was sworn Mr. Sol. Gen. Are your sworn Sir Wyer Yes Sir Mr. Sol. Gen. Pray give the Court and the Jury an account of what you know of any Plot in Ireland to introduce the Romish Religion or to bring in the French King Wyer Yes I know there was a Plot both before Plunket's time and in his time for it was working in the years 65. and 66. but it was brought to full maturitie in the Year 1667. For then Col. Miles Rely and Col. Bourne was sent to Ireland from the King of France with a Commission to muster as many men as he could promising to