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A53494 The second part of the Display of tyranny; or Remarks upon the illegal and arbitrary proceedings in the Courts of Westminster, and Guild-Hall London From the year, 1678. to the abdication of the late King James, in the year 1688. In which time, the rule was, quod principi placuis, lex esto. Oates, Titus, 1649-1705. 1690 (1690) Wing O52; ESTC R219347 140,173 361

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about ten days after he saw the King again by the means of Fitz-H and that when the Parliament was ended he waited again upon the Dutchess and then requested her to represent Fitz-H his condition to the King His Lordship further acknowledged upon the Question put to him by F. H. that he came to him the night before my Lord Stafford was Condemned and told him the King desired his Lordship would go the next day and give his Vote for my Lord Stafford and that he thereupon answered him seeing there is so great an account put upon it If I had but breath enough to pronounce his Doom he shall die Here Dr Otes desired leave to go away saying the Crowd was so great he could not stand upon which Mr Attorney scoffingly said my Lord that may be part of the Popish Plot to keep Dr Otes here to kill him in the Crowd The Prisoner then demanded of the Dutchess of Portsmouth's Porter how long it was since he paid him the Money from my Lady Portsmouth but he said he could not tell it was so long The Earl of Arran was then called by the Prisoner and acknowledged upon his questions that he did shew him a Libel perhaps it was this the day he was taken and his Lordship told him he would do himself a mischief one time or other by meddling with such Papers and that they drank a Bottle or two of Wine and parted and that as soon as his Lordship came home he heard Fitz-H was taken My Lord Conway and Seoretary Jenkins denied that the King did own that he had employed Fitz-H but my Lord C. acknowledged that he had heard the King say he did formerly employ him in some * Making a Protestant Plot or so trifling things and that he had got Money of him and that his Lordship said was for my Lord Howard's Business He added that the King never spoke with him till after he was taken The Dutchess of Portsmouth then appeared and Fitz-H asked her Whether he was not employed to bring Papers to the King and amongst the rest the Impeachment against her Grace and he said that thereupon she told him that it was a great piece of service to bring those sort of Papers and that he told her he knew one Mr Everard who knew all the Intrigues and Clubs in the City and could tell all the designs of my Lord of Shaftesbury and all that Party and her Grace encouraged him to go on and by her means he came to speak with the King about it The Dutchess answered I have nothing to say to Mr Fitz-H nor was concerned in any sort of Business with him he desired me to give a Petition to the King to get his Estate in Ireland and I spoke three or four times to the King about it and he had the Money for Charity Hereupon Fitz-H said I am sorry your Grace is so much under Mrs Wall 's Influence and then addressing himself to the Court said I will tell you what I know since my Witnesses will not I shall rely upon the Consciences of the Jury for the Issue Tho' my Lady Portsmouth Mrs Wall and the rest say that I was not employed nor recieved Money for secret Services yet 't is very well known I did so As to Everard he told me he was well acquainted with my Lord Shaftesbury and my Lord Howard and he knew their Intrigues in several Clubs in the City I humoured him in his discourse and discoursed him to reduce the Paper he accuses me of under some heads And I no sooner had the Paper but I came to White-Hall with it and was advised to go to my Lord Clarendon or Mr Hide and shew'd it to a Gentleman who was to give it to my Lord Clarendon but before he could get to him I was taken What I did was with design to serve the King according as I was employed tho' both the Secretaries will not declare it These are great Persons that I have to do with and where great State matters are at the bottom 't is hard to make them tell any thing but what is for their Advantage and so I am left in a sad Condition If the Jury Convict me They overthrow the Law and Course of Parliaments Whereas if they bring me in Not Guilty my Impeachment stands good still and I am liable to answer it before the Parliament I hope you will consider the Persons I have had to deal with and that it cannot be made so plain as in matters wherein We deal with common Persons I desire notice may be taken that Sr William Waller declares that for this very thing I was Impeached by the House of Commons Then the Solicitor General and Sr George Jeffryes summed up the Evidence and the Chief Justice directed the Jury his Lordship and the three other Judges Jones Dolben and Raymond telling them that they were sworn to the Point whether Fitz H. were guilty of the Treason or not but that it lay not before the Jury whether the Court have Authority to try him that was a question proper for the Judges determination and they had determined it Thereupon the Jury found him Guilty Before the Sentence was passed upon him he said that he thought it would be prejudicial to the Kings Service that Sentence should pass before he had made an end of the Evidence he had given in against my Lord Howard but the Chief Justice said They could take no notice of any thing of that nature and he was Sentenced to dye as a Traytor which was Execnted the 1st of July 1681. An Abstract of the Examination of Edward Fitz-Harris relating to the Popish Plot taken the 10th of March 1680. by Sr Robert Clayton and Sr George Treby THe Examinant saith that he was born in Ireland and was bred and is a Roman Catholick That he had a Commission and Raised a Company of Foot in Ireland for the French King's Service and Conducted them into France That in 1672 going to take his leave of Father Gough an English Priest at Paris he told him within this two years you will see the Catholick Religion Established in England as it is in France the Examinant asking how that could be the King being a Protestant he answered If the King would not comply there was Order taken and things so laid that he should be taken off or killed That the Duke of York was a Catholick and in his Reign there would be no difficulty of doing it That the Father then told him that the Declaration of Indulgence was for the Introducing the Catholick Religion and that to the same end the War was made against Holland it being a Nest of Hereticks and that Madam came over to Dover upon this Design That the Examinant about February 1672 had a Lieutenants Commission in Captain Sidenham's Company in the Duke of Albermarl's Regiment in the Black-Heath Army and that he knew many ef the Officers to be Roman Catholicks and
Person that I was to trapan But being again asked Whether he was put upon it to trapan the Protestant Lords and the House of Commons He said No I was not I was put upon it by none but Pitz-Harris of whom I asked what will be the use of this and he said We will desperse them We know how And that he was to deliver it to the French Ambassador's Confessor and it was to be drawn in the Name of the Non-conformists to father it upon all the discontented party Mr Smith then gave evidence that he was planted in a Closet in Everard's Chamber and saw him and F. Harris through a hole and heard Everard read a Seditions Paper to him and enquire of him what Heads he would have more than were there To which Fitz-Harris repiled that he would have him represent the King as a Papist and mentioned many other Trayterous things expressed in the Libel And that when Everard told him those were Treasonable things Fiz-Harris said The more Treason the better Sr William Waller was then sworn and declared that he was placed in a Room within Everards Champer where through a crevass of the Door and a Hole in the Hangings he could see him and Fitz-H and he heard Fitz-H enquire of Everard whether he had finshed the Paper according to his Instructions and Everard produced two Papers and gave him one and after he had read a little in it Everard asked whether it was drawn according to his Instructions and he answered It was exactly done And that Everard said This is a business of very dangerous consequence what Reward shall I have for running so great a hazard and he told him I think I run an equal hazard with you for you have a Paper under my Hand which will render me liable to danger and Sr William said he saw Fitz-H after several passages with his Pen and then the Paper being produced he declared it to be the same And that Fitz-H told Everard that the French Ambassador was to Recompence him for his pains Then Fitz-H demanded of Sr William Whether that were the Paper for which he was Impeached and Sr William answered that at was and that he read that Paper in the House And Mr Johnson Fore-man of the Jury demanded whether Fitz-H stood Impeached upon the same Treasons in the Indictment and Sr William answered that he did but being checkt by the Attorney and Solicitor General he said That as soon as he had communicated that Paper to the House the House proceeded to the Impeachment Then the Libel was read in these Words viz. The true English-man speaking plain English in a Letter from a Friend to a Friend I Thank you for the Character of a Popish Successor which you sent me wherein out Just Fears and the grounds of them are justly set out But I am in greater fear of the present Possessor why do we frighten our selves about the Evil that is to come not looking to that which is at hand We would cut off the Budding Weeds and let the Poysonous Root lie still We would stop the Channel of our Evils and let the Fountain still run My meaning is this can Pylades Know and Act all these Bloody Conspiracies and not impart them to his dear Orestes if James be Conscious and Guilty Charles is so too Believe me these two Brethren in Iniquity they are in Confederacy with Pope and French to introduce Popery and Arbitrary Government as all their Actions demonstrate the Parliament Magna Charta and Liberty of the Subjects are as heavy Voaks which they would cast off to be as absolute as their Br. of France and if this can be proved to be their only aim and endeavour why should not every True Brittain be a Quaker thus far Let the English rise and move as one Man to self-defence to open Action and fling off their intollerable Riders Blow the Trumpet stand on your Guard and withstand them as Bears and Tygers And since there can be no trist given to this goodly couple of Popish Brethren nor no relief expected from a Parliament Trust to your Swords in defence of your Eives Laws Religion and Properties like the stout Earl of Old who told a King that if he could not be defended by Magna Charta he would be relieved by Longa Sedda Yet to convince the World that this Scottish Race is Corrupt Root Branch and Popish from the very beginning be pleas'd to consider these reasons following The Grand-Father of these Men James the Scot was of no Religion at the bottom but entred by a pretence of a Sham-Plot of the Papists against his Life whilst really he collogued with the Popish Party under-hand his Mother his Kindred and Companions were French and Papists when came into England he wrote to the Pope with great Submission yet afterwards thinking it for his purpose to cajole the Parliament and write against the Pope and Cardinals he sends a Scots Bird to blind the Eyes of the Vatican Keeper with Money and to steal his Letters from off the Roman File and then he crows as boldly as an unsuspected Harlot for the Protestant Religion and Interest That Man's Son Charles the First held a secret Correspondency with the Pope calling him his Dear and Holy Father as is to be seen in his Letters recorded in Rusworth's Collections Were not his Wife and Courtiers Papists Did he not countehance and promote the Rebellion in Ireland As the Irish Grandees his very Commissions testifie and declare was there not a Popish Plot and an Universal Conspiracy of the Papists discovered to him and his Confessor Laud and did they not piously stifle it lest they should have discovered the Nakedness of their Mother Church Whilst that goodly Protestant Prince pretended to relieve the poor besieged Protestants at Rochel by his confident Buckingham did he not hold Correspondency with the French Cardinal how to betray them for a Sum of Money which his obstinacy with his Parliament made him stand in need of But they who so ill approved themselves to be heads of the Protestant Church Charles and Laud did they not loose their own Heads by a manifest Judgment of God And was not the false Heart of their Emissary Buckingham found out by an Assassins Kinfe But to come nearer to our purpose these two goodly Imps of our days are stark naught arrived at the heigth of Wickedness and of professed Arbitrariness and Popery As for James he was a Papist whilst he had a Regiment in the French and afterwards in the Spanish Service beyond Seas And as for Charles he was reported e're he came into England to have been reconciled to the Church of Rome in one of the French Kings Country-Houses and since they came in how have they wheedled and played fast and loose in their profession of Religion as Occasion and their Affairs required Have they not all along maintained secret Correspondency with France and Rome As Coleman's Letters may