Crown Henry Beiling Mr. Att. Gen. Are you a Free-holder Sir Mr. Beiling Yes Mr. Fitz-Harris Then I challenge him Cl. of Crown Benjamin Denis Mr. Att. Gen. Is he a Free-holder Mr. Denis No. Mr. Att. Gen. My Lord you â—â—e what praâ—â—ices here are most of the Jury are no Free-holders Cl. of Crown John Preâ—â—on did not appear John Viner of White-Chappel Mr. Att. Gen. He hath fetch'd them from all the Corners of the Town here yet not all of them Free-holders neither Cl. of Crown Swear Mr. Viner which was done William Withers was Sworn William Cleave Sworn Thomas Goff Sworn Abrahaâ— Graves Mr. Att. Gen. Ask him is he a Free-holder Mr. Graves No. Cl. of Crown Henry Jones Mr. Att. Gen. Is he a Free-holder Mr. Jones No. Cl. of Crown Ralpâ— Farr Mr. Att. Gen. Ask him the same Question Cryer Are you a Free-holder Sir Mr. Faâ—r Yes Cl. of Crown Then swear him which was done Samuel Freebody Mr. Att. Gen. Are you a Free-holder Sir Freebody Yes Mr. Att. Gen. Then Swear him which was done Cl. of Crown Gilbert Vrwin of Covent-Garden did not appear Edward Watts of Westmiâ—ster Mr. Att. Gen. Are you a Free-holder Sir Watts Yes Mr. Att. Gen. Then we challenge you for the King Mr. Att. Gen. John Bradsâ—aw of Holborn did not appear Isaac Heath of Wapping no Free-holder Edward Hutchins of Westmiâ—sâ—er Mr. Att. Gen. We challenge him for the King Cl. of Crown John Loâ—kier of Westminster Mr. Att. Gen. Are you a Free-holder Mr. Lockier Yes Mr. Att. Gen. Then Swear him Cl. of Crown Count these Thomas Johnson Cryer One c. The Names of the 12 Sworn are these Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viâ—er William Withers William Cleave Thomas Goâ—â—e Ralph Farr Samuel Freebody and John Lockier Cl of Crown Edward Fitz-Harris hold up thy hand Gentlemen you that are Sworn look upon the Prisoner and hearken to his Charge Fitz-Harris My Lord I humbly begg â—en Ink and Paper Lord Ch. Just Let him have Pen Ink and Paper Cl. of Crown You shall have them presently which were given him HE stands Indicted by the name of Edward Fitz-Harris late of the Parish of St. Martin in the Fields in the County of Middlesex Gent. for that he as a false Traitor against the most Illustrious and most excellent Prince our Soveraign Lord Charles the Second by the grace of God King of England Scotland France and Ireland his natural Lord not having the fear of God in his Heart nor weighing the duty of his Allegiance but being moved and seduced by the Instigation of the Devil the Love and true due and natural obedience which a true and Faithful Subject of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and with all his might intending the Peace and common Tranquility within this Kingdom of England to disturb and wâ—r and Rebellion against our said Soveraign Lord the King to stir up and move and the Government of our said Soveraign Lord the King within this Kingdom of England to subvert and our said Soveraign Lord the King from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to depose and deprive and our said Soveraign Lord the King to death and final Destruction to bring and put the 22. day of February in the 33. Year of the Reign of our Soveraign Lord Charles the Second now King of England c. and divers other days and times as well before as after at the Parish of St. Martin in the Fields in the County of Middlesex Traiterously did compass imagin and intend the killing Death and final Destructon of our said Soveraign Lord the King and the Ancient Government of this his Kingdom to change and alter and wholly to subvert and him our said Soveraign Lord the King that now is from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to depose and deprive and War and Rebellion against our said Soveraign Lord the King to stir up and Levy within this Kingdom of England And his said wicked Treasons and Traiterous Compassings Imaginations and purposes aforesaid to fulfil and perfect he the said Edward Fitz-Harris as a false Traitor together with one Emund Everard a Subject of our said Soveraign Lord the King did then and there Traiterously assemble himself meet and consult and thesame his Treasons and Traiterous Compassings Imaginations and purposes thenand there to the said Edmund Everard in the hearing of diverse other Subjects of our said Soveraign Lord the King openly Maliciously Traiterously and advisedly speaking did publish and declare and to perswade and induce the said Edmund Everard to be aiding and assisting in his said Traiterous Compassings Imaginations and purposes he the said Edward Fitz-Harris as a false Traitor Maliciously advisedly and Traiterously to the said Edmund Everard a great Reward then and there did offer and promise to procure and for the further Compleating of his Treasons aforesaid and to incite the Subjects of our said Soveraign Lord the King as one man to rise and open Rebellion and Insurrection within this Kingdom of England to raise against our said Soveraign Lord the King and our said Soveraign Lord the King from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to cast down and depose he the said Edward Fitz-Harris as a false Traitor a certain most wicked and Traiterous Libel the Title of which is in these English words following The true English man speaking plain English Traiterously Maliciously and advisedly in writing to be made and expressed did then and there cause procure and publish In which said Libel the said most wicked Treasons and Traiterous Compassings Imaginations and purposes aforesaid of him the said Edward Fitz-Harris to excite and perswade the Subjects of our said Soveraign Lord the King of this Kingdom of England against our said Soveraign Lord the King to rise and Rebel and our said Soveraign Lord the King from the Style Honour and Regal name of the Imperial Crown of this his Kingdom of England to deprive and depose in writing are expressed and declared amongst other things as followeth If James meaning James Duke of York the Brother of our said Soveraign Lord the King be Conscious and Guilty Ch s meaning Charles the second now King of England is so too believe me meaning himself the said Edward Fitz-Harris both these meaning our said Soveraign Lord the King and the said James Duke of York are Brethren in Iniquity they meaning our said Soveraign Lord the King and James Duke of York are in confederacy with Pope and French to introduce Popery and Arbitrary Government as their actions meaning the actions of our said Soveraign Lord the King and James Duke of York demonstrate The Parliaments Magna Charta and Liberty of the Subject are as Heavy Yokes they
'd as willingly cast off for to make themselves meaning our said Soveraign Lord the King and the said Duke of York as absolute as their Brother of France And if this can be proved to be their aim meaning our said Soveraign Lord the King and the aforesaid Duke of York and main endeavour why should not every true Britain be a Quaker thus far and let the English spirit be up and move us meaning the Subjects of our said Soveraign Lord the King of this Kingdom of England all as one Man to self Defence Nay and if need be to open action and fling off these intolerable Riders meaning our said Soveraign Lord the King and the said Duke of York And in another place in the said most wicked Traiterous Libâ—l were contained amongst other things these false Seditioâ—s and Traiterous sentences in these English words following J and C. meaning the said Charles our Soveraign Lord the King and his said Brother James Duke of York both Brethren in Iniquity corrupt both in Root and â—ranch as you meaning the subjects of our said Soveraign Lord the King have seen they meaning our said Soveraign Lord the King and the said Duke of York study but to enslave you meaning the Subjects of our said Soveraign Lord the King to a Romish and French-like Yoke Is it not plain Have you meaning the Subjects of our said Soveraign Lord the King not Eyes sense or Feeling Where is that old English Noble Spirit Are you meaning the Subjects of our said Soveraign Lord the King become French Asses to suffer any load to be laid upon you And if you meaning the Subjects of our said Soveraign Lord the King can get no Remedy from this next Parliament as certainly you meaning again the Subjects of our said Soveraign Lord the King will not and that the K. meaning our said Soveraign Lord the King that now is repents not complies not with their advice then up all meaning the Subjects of our said Soveraign Lord the King as one man O brave English men Look to your own defence ere it be too late rouze up your Spirits And in another place in the said most wicked and Traiterous Libel are contained amongst other things these false Seditious and Traitâ—rous sentences in these English words following to wit I. meaning himself the said Edward Fitz-Harris will only add that as it is the undoubted right of Parliaments to make a Law against a Popish Successor who would prove destructive to our Laws and Liberties so it is their undoubted Right to dethrone any Possessor that follows evil ounsellors to the Destruction of our Government Meaning the Government of this Kingdom of England And in another place in the said Traiterous Libel are contained these English words following Then let all meaning the Subjects of our said Soveraign Lord the Kâ—ng that now is be ready then let the City of London stand by the Parliament with offers of any money for the maintaining of their Liberties and Religion in any extream way if Parliamentary Courses be not complied with by the King meaning our said Soveraign Lord the King against the Duty of his Allegiance and against the Peace of our said Soveraign Lord the King his Crown and Dignity c. And against the form of the Statute in this Case made and provided upon this Indictment Upon this Indictment he hath been arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are c. Cryer make proclamation O yes if any one will give Evidence c. Mr. Heath May it please your Lordship and you Gentlemen of the Jury this is an Indictment of High-Treason against Edward Fitz-Harris the Prisoner at the Barr and the Indictment sets forth that the 21. of February in the 33 Year of the King at St. Martins in the Fields he did Compass and Imagin the death of the King and to raise War and Rebellion within the Kingdom And the Indictment does set forth that for the Accomplishment of this he did meet and assemble with one Edmund Everard and several others and did discover this his Traiterous purpose to the said Everard and did perswade him to aid and assist therein and offered him great rewards if he would so do It further sets forth That for the further perfecting of this Treasonable Imagination of the said Edward Fitz-Harris he did frame and make a Treasonable Libel and the Title of the Libel is The true English-man speaking plain English and in that Treasonable Libel are these Treasonable words contained If James be Guilty meaning the Duke of York Charles meaning the King is so too c. And the several words that have been read to you in this Indictment are contained in the said Libel which I shall not repeat To this Indictment he hath pleaded Not Guilty if we prove it upon him you are to find him Guilty Mr. Ser. Maynard May it please your Lordship truly 't is a sad thing to consider how many have been found Guilty of Plotting against the King but none have gone so far as the Prisoner at the Barr for they designed only his Death but this Person would have carried on his Treasons by a means to Slander him while he was alive and thereby to excite the people to such a Rebellion as you have heard I shall add no further words the thing is not aggravatable 't is so great an offence in it self but we will call our Witnesses and go to our proof Mr. Attorney General My Lord Yesterday you had here the Primate of Ireland who was found Guilty for a Notable High-Treason in Ireland you have now this day before you one of his Emissaries who is come over into England and who has here committed one of the most execrable Treasons that ever was brought into a Court of Justice I must needs say that it will appear to all the Auditors this day that here is the Highest improvement of the Popish Plot and aggravated with such Circumstances as shew they have out done themselves in it Hitherto those Cases that have been brought into judgment before you have been the attempts upon the Life of the King in Instances either of Shooting Stabbing or Poysoning I say hitherto they have gone no further than to Practise these things and that by Popish hands they have kept the Plot amongst themselves but now they have gone one Step further that is by attemping to Poyson all the Protestants of England as much as in them â—yes that they should by their own hands destroy one another and their Lawful Prince that is the Treason now before you and I take it with submission they can go no further For 't is impossible to arise to a Higher pâ—ece of malice and Villany than to set the pâ—oples Hearts against their Prince and to set them together by the Eares one against another This we shall prove in the Course of our Evidence to be the
this to your Lordship I am then in eminent danger of my Life if I cannot get Ten days to have my Witnesses over I desire I may have but to the One and Twentieth of this Month and then if they do not come you may go on L. C. J. We cannot do it you have had Five Weeks time already Plunket I desire but a few days Cryer Sir John Roberts take the Book look upon the Prisoner You shall well and truly try c. Plunket My Lord I desire to know whether they have been of the Juries of Langhorn or the Five Jesuits or any that were condemned L. C. J. What if they have that is no exception Then the Jury was sworn whose Names follow Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker William Hardy Cl. of Cr. Oliver Plunket hold up thy Hand You of the Jury look upon the Prisoner and hearken to his Charge HE stands Indicted by the Name of Oliver Plunket late of Westminster in the County of Middlesex Dr. of Divinity for that he as a false Traytor against the most Illustrious and most excellent Prince our Sovereign Lord Charles the second by the Grace of God of â—ngland Scotland France and Ireland King and his natural Lord the fear of God in his heart not having nor weighing the duty of his Alâ—egiance but being moved and seduced by the instigation of the Devil the cordial Love and true and due natural Obedience which true and faitâ—ful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King do and of right ought to bear utterly withdrawing and contriving and with all his might intending the Peace and common Tranquillity within the Kingdom of Ireland as also of this Kingdom of England to disturb and War and Rebellion against our said Sovereign Lord the King in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas to stâ—â— up and move and the Government of our said Sovereign Lord the King there to subvert and our said Sovereign Lord the King from his Regal Power and Government there to Depose and Deprive and our said Sovereign Lord the King that now is to Death and final Destruction to bring and put and the true Worship of God within the said Kingdom of Ireland by Law established and used to alter to the Superstition of the Romish Church the first day of December in the year of the Reign of our Sovereign Lord Charles the Second now King of England c. the two and thirtieth and divers other days and times as well before as after at Dublin in the Kingdom of Ireland in parts beyond the Seas with divers other false Traitors unknown traitorously did compass imagine and intend the killing Death and final Destruction of our said Sovereign Lord the King and the antient Government of his said Kingdom of Ireland to change alter and wholly to subvert and him our said Sovereign Lord the King that now is from the Crown and Government of his Kingdom of Ireland aâ—oresaid to Depose and Deprive and the true Protestant Religion to extirpate and War and Rebellion against our said Sovereign Lord the King there to move and levy And to fulfil and accomplish his said most wicked Treasons and Traitorous compassings imaginations and purposes aforesaid he the said Oliver Plunket the said first day of December in the abovesaid Two and thirtieth Year of the Reign of our said Sovereign Lord the King that now is with Force and Arms c. at Dublin in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas Maliciously Devilishly and Traitorously did assemble and gather together himself with divers other Traitors unknown and then and there devilishly advisedly maliciously subtilly and traitorously did consult and agree our said Sovereign Lord the King that now is to Death and final Destruction to bring and from his Crown and Government aforesaid to Depose and Deprive and the Religion of the Romish Church into the Kingdom of Ireland aforesaid to introduce and establish and the sooner to fulfil and perfect his said most wicked Treasons and Traitorous Imaginations and Purposes he the said Oliver Plunket with divers other false Traitors unknown then and there advisedly maliciously and traitorously did further consult and agree to contribute pay and expend divers great Sums of Money to divers Subjects of our said Sovereign Lord the King and other persons unknown to procure thâ—m the said persons unknown oâ—r said Sovereign Lord the King that now is Traitorously 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 Traitâ—rs 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 traitorously did receive collect pay and expend divers great Sums of Money to divers persons unknown to perswade and induce divers other pâ—rsons also unknowâ— the said false Traytors in their said Treasons to help and maintain 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 the Two and thirtieth 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 Money 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 Money to several persons to perswade them and entice them to be aiding and assisting in these Treasons and to recompence them for them To this Indictment the Defendant hath
design of the Prisoner at the Barr. The general design hath been opened to you out of the Indictment to kill and destroy the King and to depose him from his Government and we shall charge him with all those several Overt Acts which I shall open to you First several meetings to consult about this matter at Grays-Inn and several other places which My Lord I think there is no question to be made but is an Overt Act to make High-Treason We shall go further and shew that these designes he had to depose the King and raise his people against him he does declare openly to Mr. Everard which is another Overt-Act within the new Statute We shall My Lord go further yet and prove the great Rewards he hath offered to Mr. Everard for joyning with him and being assisting to him in this affair part in ready mony and part in Annual Pension And there your Lordship will find where the Spring is from whence all these mischiefs arise some foreign power but the Papists the Priests are at the bottom of it they are the Persons that set him on and these must draw in a great Person beyond Sea who must reward this Gentlemen for being a Partner in this Plot. And we shall prove some mony paid in hand But then My Lord that which was the effect of this Consult is the framing this pernicious Libel for so give me leave to call it My Lord the Indictment is modest but when you come to hear the Libel it self read you will find it so and it was not prudence that so Vile a thing should appear upon Record And truly I believe in a Protestant Kingdom 't is the first attempt of this Nature that ever was For My Lord it is to defame the whole Royal Family 't is to stain their Blood and to make them Vile in the sight of the whole Kingdom and of all Posterity My Lord this Libel in its particulars chargeth that most excellent and Innocent Person our late and never to be forgoten Soveraign King Charles the first to be the author of the Irish Rebellion it charges our present Prince with the Exercise of Arbitrary Government to be a Papist to be a person that deprives his Subjects of all manner of Liberty and Property in express Terms it charges him with this than which nothing can be more false for there is none of his Subjects I think but must say that our most Gracious Prince for the time he hath Reigned may Vie with the best 20. years of any of his Predecessours for the preserving the Liberty and Property of the people for giving us pâ—ace and plenty all our time for the permitting and securing to them the free current of the Law and for securing their Civil and Râ—ligious Rights My Lord when we have gone through the Evidence about the Contexture and this Libel is read and produced we shall prove the design of it and how it was framed and the Eyes of the world will be opened and you will see that this was no intention no Engine framed to trapan or ensnare any private Person or as it was secretly bruited abroad to be put in such mens Pockets but a piece of the greatest Machivilian Policy that ever was invented and prepared for a publick Press as a Catholick Poyson to infect all the Kings Subjects and excite them one against another And we shall prove that this person in the several methods that I have open'd hath proceeded to Accomplish his Traiterous deâ—â—gns of Dethroning the King nay he hath said 't is resolved among them now that nothing else will do it but the Poysoning the hearts of the people with hatred to their King and malice against one anotâ—er And when we have proved the matter fully through all the parts we must leave it to the Jury who I question not will do themselves and all other Protestants right as well as their Prince We shall now go to our Evidence and first we will call Mr. Everard but My Lord I would only first observe to you that this Gentleman Mr. Fitz-Harris and Mr. Everard were both imployed in the French Kings service and there acquainted together Mr. Everard came early off and became a Protestant leaving the French Kings service because he found their several Plots and designs upon England Then comes Mr. Fitz-Harris to him and because he looked upon Mr. Edverard not to be rewarded according to his merits invites him over with telling him those things that the Witness himself will tell you back again to the French Interest Then Mr. Everard was Sworn Fitz-Harris Look me in the face Mr. Everard Mr. Everard I will Sir Mr. Att. Gen. Will you acquaint My Lord and the Jury how you came first acquainted with the Prisoner and then tell the several passages between you Mr. Sol. Gen. Tell your whole knowledge of this matter Mr. Everard My Lord I came acquainted with Mr. Fitz-Harris beyond Seas when we both were in the French Kings service and upon Conference with him of late especially about the beginning of February last he renewed his acquaintance though at several times before we had several discourses whereof I did not take much notice but in those meetings in February last and in those Visits he paid me then we had several discourses tending to represent the disadvantages and sufferings I fustained for adhereing to the Protestant and English Interest and besides comparing in the other Ballance what advantages I might expect if I would re-ingratiate my self into their Interest Lord Ch. Just What Interest Mr. Everard The French and the Popish Interest And there was an Opportunity in my hands wherein I might be servicable to my self and others and he told me there were several persons amongst whom were some Parliament men that did adhere to the French Interest and gave an account to the French Ambassador of every daies proceedings and as I was looked upon to be the Author of a kind of Pamphlet that was called an answer to the Kings Declaration concerning the Duke of Monmouth therefore I should be fit to serve them especially to make such another Pamphlet to reflect upon the King and Alienate him from his people and his people from him Whereupon I told him I would do any thing that was for my true Interest but I did conceive with my self that that was none of it He appointed a time when we should meet again but I sent him a Note I could not meet possibly that day which was Munday as I remember the 21. of Februrary However he was impatient and came to me and told me he would give me Heads and instructions tending to that Pamphlet I was to write to Scandalize the King and râ—se a Rebellion and Alienate the hearts of the Kingdom and set the people together by the Ears Upon this he gave me some heads by word of mouth assoon as I parted from him I met with one Mr. Savile of Lincolns-Inn and assoon as
is Mr. Fitz-Harris of Mr. Everard He was always looked upon to be a Papist Fitz-Harris When did you see me at Mass Mr. Att. Gen. Hath he not owned himself so Mr. Everard He hath owned himself at several times to be a Papist Mr. Sol. Gen. What did he say to you about your being a Protestant and what Cause you had to turn to the Popish Religâ—on Mr. Everard He said I was under great disadvantages and had much loss by leaving them I had better have adhered to theâ— Interest still He had this Discourse with me at several Meetings and gave me several Visits some at my Chamber some at Grayâ—â—â—nn Walks sometimes at the House with black Posts in where we talk'd of several things Mrs. Fitz-Harris I am sorry he kept such a Rogue as you are Company L. C. J. Officer take her away if she cann't hold her tonguâ— and give better language Fitz-Harris She will speak no more my Lord. L. C. J. Stand still then and be quiet Mr. Att. Gen. What was your Discourse at the Ale-house Mr. Everard To give Instructions to set the people together by the Ears and one most effectual means was by scandalizing and Libelling the Government and especially the King Mr. Jones Did any body else assist you in drawing the Libel Mr. Everard There is at the latter end of the Libel a Paragraph that was taken out of another Book there was a scandalous Libel that was brought by the woman that carries Paper-books about and out of that to make short work and out of The Character of a Popish Successor in which he said were many things material he would have some of the Expressions of this Libel taken so I Copyed some of the Queries out of that Paper which was said to be a Letter intercepted to Roger L'Strange and that day that I was under examination before Mr. Secretary Jenkins that Libel lay before him upon his Table He asked me if I had seen that I told him yes for I had Copyed in that Paper that was the Libel those Queries and then said he here is a Warrant to be given out against Curtis for it Mr. Serj. Jefferies After such time that you had carried him the Copy that Sir William had marked and he amended it did you shew it Sir Wâ—lliam Wâ—ller presently Mr. Everard Yes immediately and I asked him Sir says I is there any alteration yes said he I see alterations and shew'd them one Do you know the difference of Hands said I yes said he I do and suppose will give you an account of it Mr. Johnson My Lord I humbly beg Mr. Everard may be asked who those Parliamâ—nt men were that were to concur with the French Ambassador in this design L. C. J. Did he name any Parliament men Mr. Everard No he did not he said I should know them hereafter L. C. J. Then he did not name any Mr. Everard No he did not Mr. Att. Gen. Then Swear Mr. Smith which was done Pray Sir will you look about and give an Account what you know Mr. Smith Will you have an Account how it came first to my knowledge Mr. Att. Gen. Yes the whole from the bottom to the top from the beginning to the end Mr. Smith I remember about the 22 th or the 21 th of Feb. either one or the other Mr. Everard and one Mr. Savile came to my Chamber and told me the same Design that Mr. Everard hath repeated before and that there was an Irish Gent. an Officer of the French Kings Army that was to manage the thing he was one that could speak French very well and they desired me to be concerned in it because I understood French Upon this I told him I would willingly undertake such a business if I thought there were any convenient place in the room where I might hear and see undiscovered After he had told me as he has before told your Lordships that it was to make a difference between the King and his People and to misrepresent the King as I shall inform you by and by I went to his Chamber after we had spoke to Mr. Crow who would not undertake to speak French so well as to be capable of understanding all but at last we met with Sir W. W. who undertook the matter I walked immediately after Dinner to the Chamber and saw the convâ—niâ—ncies and the next night we expected Sir W. Waâ—â—â—r but he not coming that night I went into the Closet my self till â—iâ—â—-Harris came according to the appointment When Fitz-Harris came there were two Chairs set one Chair next the Closet where I stood and another opposite against me that opposite against me was that where Mr. Fitz-Harris set and Mr. Everard was next closâ— to me and I looked out through the hole and I heard there were some little discourses about the business in hand At last Mr. Everard stands up and goes to the side-board and brings a peice of Papâ—r about halâ— a sheet as I think with him and he read it which was a Seditious kind of Paper which I shall tell you of by and by and he asked him in French whether this were agreeable or no to which the Gent. answered it was well but something must be added to it Upon this Mr. Everard took out his Note-book and read something therein and then Mr. Everard desired him to instance what heads he would have more than were there to which Fitz-Harris replied that he would have him to represent the King as a Papist which might be demonstrated by several reasons first his adâ—â—ring to the Duke of York and peremptorily resolving to espouse that â—nteâ—est The sâ—conâ— reason was the preferring such as were the Dukes 〈◊〉 â—oth at Sea and Land and keeping in Office those that were pâ—â—feâ—râ—d by the Duke known Papists and this was also another reaso◠〈◊〉 proâ—e that head of the Instructions that the King after his Restoâ—atioâ—â—â—ocured an Act to be made that it should be Treason for any to call 〈◊〉 Papist and this was only that he might the better and with the morâ— ease introduce Popery into England He charged likewise King Charâ—â—s the First to be a promoter of the Irish Rebellion and that Charles the Second further'd and approv'd it that is another Instance That the Parliament at Oxford was only a sham to delude the people and that such a King was not to be trusted with such a people nâ—â—ther as to their Lives Liberties or Religion but that the people must provâ—de for themselves in time and blow the Trumpet boldly Another Instance was as it was the undoubted right of the people to make Laws against and to oppose a Popish Successor so they might depose a Popish Possessor To this effect was the substance of what was said Mr. Att. Gen. Did he name a Reward that Mr. Everard was to have Mr. Smith There was a Reward mention'd but I don't remember any particulars Mr. Att. Gen. Did he tell who set
him on work Mr. Smith He said if they did but set England together by the Ears the French would get Flanders and at length prevail here and Mr. Everard should get an Interest in the Common Council and make it his business that they should make a kind of an Address to the Parliament and promise to stand by them with their Lives and Fortunes in opposing Popery and Arbitrary Government and if Parliament-ways failed to assist in another way and if the King hindred the D of Yoâ—k to come to a legal Tryal that then they should take other Courses Mr. Att. Gen. What did he desire from Mr. Everard when he seemed to boggle at his Instructions Mr. Smith Mr. Everard said he would do these things yet he was in great danger Why says Mr. Fitz-Harris so am I and a great many more what other Conference was betwâ—en them I know not for I never saw them together after Mr. Serj. Jefferies Look you Sir is this the same Person Mr. Smith Yes I did know him to be the same person that night he was taken L. C. J. You could see him where you were Mr. Smith My Lord I saw clear enough there was three Candles lighted and I was as near to him as I am to your Lordship L. C. J. You were not in the Room Mr. Smith I was in a little Closet close by Mr. Att. Gen. You know nothing of the Paper of Instructions Mr. Smith I remember he told me of such an one but I was not there the second night Sir Fr. Withins Mr. Everard said they were Treasonable things what then said Fitz-Harris Mr. Smith He said the more Treason was in them the better Mr. Serj. Jefferies And the particulars were to set the people together by the Ears and to bring in the French King Mr. Smith It is all one in Terms Mr. Serj. Jefferies How was it Mr. Smith That the King and the people should be set at variance then the French King would fall upon Flanders and Holland and afterwards would take England in his way and make no bones of it Mr. Serj. Jeff. Will you ask him any Questions Mr. Fitz-Harris Fitz-Harris Do you believe that I did it with a Treasonable intention Mr. Smith Sir I am not to judge of that I am not of your Jury nor to answer any such thing Fitz-Harris What do you think Sir pray Mr. Smith You could have no good Design to bring about by any such matter I think as this Paper is Fitz-Harris Is this the same Paper that was read in the House of Commons Mr. Smith Sir I was not of the House of Commons I don't know what was read there Mr. Johnson Mr. Everard did seem to hint at a Design among some Protestant Lords and Parliament men and others Dissenters from the Church of England I desire to know whether Mr. Smith heard those words L. C. J. That was not the first night Mr. Smith I did not hear it L. C. J. Look you Mr. Johnson Mr. Smith was not present at the second Meeting then Sir Will. Waller was there it was only the first night Mr. Smith was there and he speaks to that Therefore as to the alteration of the Copy and some other things he tells you that was done the second night and then was the Discourse concerning the French Confessor and those other things which you mention Mr. At. Gen. I believe the Jury misapprehend Mr. Evâ—rard in that too L. C. J. It was only what Fitz-Harris told him Mr. Att. Gen. But I see the thing stick with the Jury therefore I would fain ask Mr. Everard this Question Did you declare anâ— such thing or was it Mr. Fitz-Harris that told you Mr. Evâ—rard Mr. Fitâ—-Harris told me that several Parliamâ—â—â— men were joyned with the French Embassador to give him an 〈◊〉 of things but he told me besides this must be drawn up as it 〈…〉 the Name of the Non-Conformists to Father it upon thâ—m yâ—t 〈◊〉 there was one word in it thou as if it were in the 〈…〉 says he it must not be so but it must be under the 〈…〉 Non-Conformists that it may be common to all the 〈…〉 L. C. J. So you must take the â—ense of this right 〈…〉 Mr. Everard tell you some Parliament men and Lord◠〈…〉 in this busâ—nâ—ss but 〈◊〉 Fitz-Harriâ—'s design was to ingag◠〈◊〉 and he 〈…〉 to incourage him to it So that the 〈…〉 â—â—me Lords and Parlâ—â—mâ—nt mâ—n 〈…〉 him to go on Mr. 〈◊〉 〈…〉 my Lord so thâ—t hâ—re does appear there was soâ—â— otheâ—â—â—terest than the French Interest in thâ—s matter if whâ—t Mr. Fitz-Hâ—â—ris said was true Mr. Att. Gen. Fitz-Harris said so to ingage him L. C. J. Look you Mr. Johnâ—on We do all 〈◊〉 bâ—lieve and hope there was no such thing as that any Lord or an◠〈…〉 Commons of Enâ—land were so ingaged it was his Interest as Mr. Fitâ—-Harris took it to mention it so to ingage this Gâ—ntleman Mr. Everâ—â—d I did not say Lords L. C. J. What did you say thâ—n Mâ— Evâ—rard Parliament men in General Mr. Aâ—t Gen. Then Swear Sâ—r Will. Waller which was done Sâ—r Fâ—aâ— Withins Pray Sir William will you give an account of what you know of this matter â—â—r Will. Waller My Lord the last time I was here in this Court being Summoned to give in my Evidence I did make some difficulâ—â— of it upon the account that this Person was Impeached by the Commons of England in Parliament but Mr. Justice Jones having declared the Law required me in such a Case to give in my Evidence I am now ready to give it in and shall do it asbriesly as I can L. C. J. Well Sir pray go on Sir Will. Waller My Lord upon the 22 th or 23 th of Feâ— last Mr. Everard met me in the City and told me he had a business of very great concernment to Discover to me whereupon my Lord we went into a place where we might conveniently discourse together and he told me in short that Mr. Edw. Fitz-Harris that unfortunate Gent. at the Bar had been with him several times and endeavoured to ingage him in a business which would in effect turn all into Confusion in England and render the King very odious in the sight of his Subjects Many things he did there tell me and earnestly pressed me 〈◊〉 joyn in this design to endeavour the Discovery of it I was indeed at the first shie of medling with it being no way in the Commission of the Peace and so not liable to ingage in a business of that nature but I was afraid to discourage Mr. Smith who voluntarily and ingeniously offered himself for the Service of his King and Countrey but I did not go that afternoon being willing to hear whether the business wenâ— on and was likely to come to any thing the next morning Mr. Eâ—â—rard writ to me this Letter plucking out a Paper Mr. Jâ—st Doilâ—â—n 〈◊〉 iâ— Sir Sir Will. â—â—lleâ— My Lord
â—orty but truly I did not hear whether it were Guinys or what it was that he should have for present payment and I heard him speak somthing of a Pension he named three Thousand Crowns but whether annually or how I cannot tell Pray Sir said he whâ—t shall I do in this â—ase for I do not know I am but in a low Condition and have occasion for mony why says he the French Emâ—assador will supply you and you shall certainly as soon as the Paper is perfected have your reâ—ard and says he there are a great many more that we have employed in businesses of this nature to create misunderstanding between the King and his people by which means the French will easily over run Flanders and the â—ow-Countrâ—â—s and then England will become an easie Morsel And this is the subsâ—â—nce of what I remember Fitz-Harris Do you believe I had any such Design as Treason in it Sir 〈◊〉 Wallâ—r I cann't say any thing to that I only speak as to the matter of â—act Mr. Atâ— Gâ—n Did he declare he had many more employed in the Service Sir Will. Wâ—ller Yes he did say so And said he there are two Paâ—lâ—â—ment â—en â—â—at frequent my â—ord Shaâ—tesbury's who my Lord does not 〈◊〉 â—â—at do come and found him and then go and acquaint the 〈◊〉 â—mbassador with all they can discover â—itâ—-Harâ—â—s Is thâ—s the same Paper by the Oath you have taken for whicâ— I was Impeached by the Commons in Parliament Sir Will Wâ—llâ—◠〈◊〉 't is a Copy of the same Paper and that Paper 〈◊〉 did read iâ— the House Mr. Aâ—t Gen. 'T is the Original Mr. Johâ—â—on My Lord I desire to ask Sir W. Waller one Question Sir you have heard the Indictment read then pray tell us whether this very Libel be expressed in the Indictment according to what was deliâ—ered in the House of Commons Mr. Att. Gen. You shall hear that by and by your selves For you shall hear the Paper read to you with the Indictment Sir Wiâ—l Waller This is a Copy of that Paper Mr. Johnson Does Mr. Fitz-Harris stand Impeached by the House of Commons upon the same Treasons mentioned in the Indictment Sir Will. Waller Yes Sir Mr. Att. Gen. Upon the same Treasons Sir Will. Waller Upon this Treasonable Paper he does For as soon as ever I had communicated this Paper to the House and I had made my Report of the Treasonable transactions of Mr. Fitz-Harris the House immediately proceeded to the Impeachment Mr. Sol. Gen. Does the Impeachment mention that Paper Or what particular Treason he was Impeached upon Sir Will. Waller I know nothing of that But upon this Paper that Impeachment was grounded that is all I can say Mr. Sol. Gen. That this Libel was spoken of in the House of Commons is true but it does not appear upon the Impeachment that he was Impeached for that Libel L. C. J. Have you any more Witnesses Mr. Att. Gen. Yes we have to other matters But we desire to let them alone till the Libel be read Mr. Johnson My Lord we beg we may have the comparison of the Libel with the Indictment Fitz-Harris I would ask Sir W. Waller one Question more upon his Oath whether he had any design of Trapanning me or any body else in this thing Mr. Sol. Gen. Had you any design to trapan the Prisoner or any body Sir Will. Waller No Mr. Fitz-Harris indeed not I. Fitz-Harris I looked upon you always as a Person that was my Enemy Mr. Att. Gen. What because you were a Papist Fitz-Harris No it was upon another account I appeal to Mr. Justice Dolben Mr. Just Dolben What do you appeal to me for Mr S. Jeff. Have you known Mr. Fitz-Harris before Sir William Sir Will. Waller Yes many years Mr. Serj. Jefferies What Religion was he reputed to be of Sir Will. Waller A Roman Catholick Fitz-Harris I am not bound to continue so always Mr. Jones Then shew your Conversion Mr. Att. Gen. Pray let the Libel be read Then the Paper was produced Mr. Att. Gen. Sir W. Waller and Mr. Everard is that the Paper Mr. Everard This is the Paper Mr. Att. Gen. Is it interlined with his own hand Mr. Everard Yes for there is the words have promoted that I said before he altered L. C. J. Gent. pray mark this now you will hear the Clauses contained in the Indictment read and you shall hear this Paper read and then your selves shall be Judges whether it does contain them yea or no. Mr. Johnson We desire to see it at the Bar. Mr. Att. Gen. Here is a Copy of these Clauses you may Examine it by that Mr. Serj. Maynard 'T is not the whole Libel but only some Clauses of it he is Indicted for L. C. J. Yes Brother But what they desire is only to see whether so much as is contained in the Indictment is also in the Libel Mr. Att. Gen. Pray Swear Mr. Astrey then which was done L. C. J. Look you Gent. this is one that is intrusted with the Affairs of the Crown He is now Sworn and I ask him this Question for your satisfaction Mr. Astrey Are the English sentences that are in the Indictment also comprised in the Libel Mr. Astrey My Lord I did examine this Indictment with the Libel at Mr. Attorney Generals Chamber as well as I could and they are in terminis the same the words in the Indictment and the words in the Libel Mr. Johnson My Lord if all be not in the Indictment that is in the Libel then perhaps there may be some Connexion with what is antecedent something to explain those Clauses the Indictment mentions so that they may bear another Construction Therefore we would have all read Mr. Serj. Maynard It must be all read to them L. C. J. Yes Brother it shall be wholly read to them though it need not be expressed de verbo in verbum in the Indictment yet for their satisfaction it shall be wholly read to them Mr. Sol. Gen. These Gentlemen are very cautious I perceive L. C. J. Look you Gent. if you will attend the Court we will give you what satisfaction we can pray Mr. Solicitor give them leave to speak to the Court what you desire Gent. is reasonable enough that you may hear the Libel to see whether these are not Clauses taken out of a Paper which may have another Import in the Paper than they have when they are taken out That is your meaning Mr. Johnson Yes my Lord. L. C. J. To that intent you shall hear the Libel read distinctly you shall have the very Clauses of the Indictment by you that you may look upon them Mr. Att. Gen. The other part of the Libel will do it L. C. J. Pray Mr. Attorney don't direct me they shall have the Indictment whilst Mr. Astrey reads the Libel that they may see the import of the words And you do not apprehend it aright Mr. Johnson does not desire to see whether
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 dâ—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 Contrariâ—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 Dutchesâ— 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 appâ—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 Pâ—rson not â—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 Pâ—rtsmouth for it that the King came to meet them with inclinations to gratify them in any thing they could dâ—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 seâ— 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
taken out and burnt before your face your Head cut off and your Body divided into four Quarters to be disposed as shall please the King and I pray God to have mercie upon your Soul to give you a sight of your sin and repentance for it Fitzharris My Lord I hope I may have the libertie of my Wife to come to me and any friend L. C. J. You have that liberty already Fitzharris No not without the presence of a Warder L. C. J. We will not restrain them as to that let them come to you Officer There is no Rule of Court for it my Lord. L. C. J. We will not restrain any thing of your Wife 's coming there is no Rule to restrain her but let him have that liberty that other Prisoners in his condition usually have had in the Tower his Wife to come to him or any other â—riend or Protestant Minister whatsoever Officer Pray let it be put into the Rule of Court my Lord. L. C. J. We make no Rule there does not need any Look you Mr. Fitzharris we lay no restraint upon your Wife or any other Friend but if your Wife be in another condition that she can't come to you we can't meddle with that Mr. Just Jones We are not to deliver her out of Prison L. C. J. No we make no Rule but take off the hands of the Court from restraining any one to come to you Then the Prisoner was taken away and in pursuance of this Sentence the last day of the said Trinity-Term being the 22th of June 1681. a Writ issued out of the Court of Kings-bench directed to the Lieutenant of the Tower of London reciting the Judgment and commanding him to deliver the Prisoner to the Sheriff of Middlesex upon Friday the first day of July next following to be executed according to the Sentence Which Writ followeth in these words CAROLUS Secundus Dei gratia Angl. Scot. Franc. Hibern Rex fidei Defensor c. Loc. tenen Turris nostrae London salutem Cum nos in Cur. nostra coram nobis consider averimus quod Edwardus Fitzharris nuper de Parochia S. Martini in Campis in Com. Midd. Gen. pro quibusdum altis proditionibus unde ipse coram nobis Indictat est superinde per quandam Juratam Patrie inde inter nos prefat Edwardum capt convict attinct existit de Turr. nostra London per medium Civitatis nostrae London pred usque ad Furcas de Tyborne trahatur super Furcas illas ibidem suspendatur vivens ad terram prosternatur ac interiora sua extra ventrem suum capiantur ipsoque vivente comburentur Et quod caput ejus amputetur quodque corpus ejus in quatnor partes dividatur quod caput quarter ill ponantur ubi nos ea assignare voluerimus Ideo tibi precipimus sirmit injungend quod die Veneris primo die Julii prox futur apud Tower-hill cum Vic. Midd. convenias pred Edwardum Fitzharris eidem Vic. Midd. deliberari facias ut idem Vic. executionem de eo in forma pred sieri faciat prout inde nobis respondere volueris Teste Francisco Pemberton apud Westm xxij o die Junii Anno Regni nostri xxxiij o. Per Cur. ASTRY And another Writ at the same time issued out of the same Court directed to the Sheriff of Middlesex to receive the Prisoner from the Lieutenant of the Tower at the time appointed and to execute him according to the Sentence Which Writ was in these words CAROLUS Secundus Dei gratia Angl. Scot. Franc. Hibern Rex fidei Defensor c. Vic. Midd. salutem Cum nos in Cur. nostra coram nobis consider averimus quod Edwardus Fitzharris nuper de Parochia S. Martini in Campis in Com. Midd. Gen. pro quibusdam altis proditionibus unde ipse 〈◊〉 nobis Indictat est superinde per quandam Jur. Patrie inde inter nos prefat Edwardum capt convict attinct existit de Turr. nostra London per medium Civitatis nostrae London pred usque ad Furcas de Tyborne trahatur super Furcas illas ibidem suspendatur vivens ad terram prosternatur ac interiora sua extra ventrem suum capiantur ipsoque vivente comburentur Et quod caput ejus amputetur quodque corpus ejus in quatuor partes dividatur quod caput quarter ill ponantur ubi nos ea assignare voluerimus Ideo tibi precipimus firmiter injungen quod cum Loc. tenen Turr. nostrae London pred die Veneris primo die Julii prox futur apud Tower-hill convenias ipsum Edwardum Fitzharris de prefat Loc. tenen recipias Executionem de eo in forma pred facias prout decet Teste Francisco Pemberton apud Westm xxij o die Junii Anno Regni nostri xxxiij o. Per Cur. ASTRY All which was accordingly performed on the day and at the place appointed FINIS THE TRYAL AND CONDEMNATION OF Dr. Oliver Plunket Titular Primate of IRELAND THE Third of May 1681 in Easter 33 Car. Secund. Reg Dr. Oliver Plunket was Arraigned at the King's-Bench-Bar for High-Treason for endeavouring and compassing the Kings Death and to levy War in Ireland and to alter the Religion there and to introduce a Forreign power And at his Arraignment before his Plea he urged for himself that he was Indicted of the same High-Treason in Ireland and Arraigned and at the day for his Tryal the Witnesses against him did not appear and therefore he desired to know if he could be tried here for the same fact The Court told him that by a Statute made in this Kingdom he might be Tryed in the Court of Kings Bench or by Commission of Oyer and Terminer in any part of England for Facts arising in Ireland and that this Arraignment there he being never tried upon it was not sufficient to exempt him from being tried here because till a Tryal be passed and there be a Conviction or Acquittal thereupon an Arraignment barely is no Plea For in such Cases the party is not put Twice in danger of his Life which only is the thing the Law in such Casâ—s looks after to prevent He then desired time for his Witnesâ—es which they told him he could not do till after Plea pleaded whereupon he pleaded Not Guilty and put himself upon the Country for his Tryal and after some consideration had about time to be allowed him to bring his Witnesses from Ireland the Court appointed the day for his Tryal to be the first Wednesday in next Term which was full Five Weeks time And accordingly on Wednesday the 8 th of June in Trinity Term he was brought to his Tryal and Proclamation as in such Cases is usual being made it proceeded thus Cl. of Cr. Oliver Plunket hold up thy hand those good men which thou shalt hear called and personally appear are to pass between c. Plunket May it please your Lordsâ—ip I have been kept close
little while and they took their Oaths every one round to keep secret the Plot to destroy the Protestant Religion and the Protestants that they might have their Estates again And he said they did not need to fear for said he you have a very good man to assist you and that is the Lord Oliver Plunket and you need not fear but it will go through all Ireland Mr. Att. Gen. Will you ask him any questions Plunket Why did he not discover it before Mr. Serj. Jefferies Were you a Roman-Catholick at that time N. O Neal. Yes and am so still Mr. Paget Jury-man I desire he may be asked how he came to be there L. C. J. You say I think this was at Vicar-general Bradey's how came you to be there N. O Neal. I was there several times before that for my Nurse or my Foster-mother I don't know which you may understand best was House-keeper to him L. C. J. Were you required to take the Oath N. O Neal. No my Lord I was acquainted in the House I had been there two or three weeks before Plunket Why did not you tell it to some Justice of the peace L. C. J. He was a Papist and so he is now N. O Neal. There were many there that were wiser than I that did not discover it L. C. J. How old are you N. O Neal. I believe about two and twentie years old L. C. J. And this was but in 78. Mr. Att. Gen. Swear Owen Murfey which was done Come what say you O. Murfey Mr. Edmond Murfey discovered the Plot he went to one Lieutenant Baker and did discover the Plot to him that there was a designe to bring in the French L. C. J. Speak out aloud I can't hear you O. Murfey All I know is from Mr. Edmond Murfey L. C. J. What do you know of any your own knowledge O. Murfey Mr. Lieutenant Baker told me that he did hear of the French L. C. J. Speak what you know your self O. Murfey If it please your Lordship this is more I saw that Evidence that Edmond Murfey did produce in Ireland when he was sent to the Goal there but without Trial or any thing Mr. Att. Gen. Then swear Hugh Duffy which was done Speak aloud and tell my Lord what you know of this Plot and the Prisoner You know the Prisoner don't you Duffy I know him yes I know him well enough L. C. J. What say you more of him Duffy My Lord I say I have seen this Dr. Oliver Plunket raising several sums of money to carrie on this Plot sometimes 10 s. per An. sometimes 20. Mr. Soll. Gen. Of whom Duffy Of all the Priests in Ireland of every Priest according to his Pension and Parish L. C. J. In all Ireland Duffy Yes L. C. J. And towards the proceedings of the Plot Duffy It was to give to his Agent which was at Rome and for the carrying on the business Mr. Att. Gen. How come you to know this Duffy I was Servant to Dr. Duffy who was infinitely beloved by this man he was Father Confessor to the Queen of Spain there was nothing that happen'd between them but I was by all the time L. C. J. Were you Chaplain to him Duffy Yes L. C. J. You are a Papist then Duffy Yes Mr. Att. Gen. This man is a Friar my Lord. L. C. J. Were you in the Companie with them Duffy Yes I was L. C. J. What did pass there Duffy About the Plot how they could confirm the Plot And this man Plunket said he could prevail with the King of France and the other with the King of Spain Mr. Att. Gen. Pray acquaint my Lord particularly when this was and in what place and what they said Duffy It was in 73 74 and 75 at his own house and at he kept three or four Jesuits there and a matter of a hundred Priests Mr. Att. Gen. What passed in the companie L. C. J. Who else was there Duffy The discourse my Lord was always about the Plot how they could contrive the matter between them and so they did conclude afterwards to raise so much money upon several Priests all the Priests in Ireland sometimes 20 s. sometimes 40. L. C. J. A piece do you mean Duffy Yes Mr. Att. Gen. What discourse had they about the French at any time Duffy Yes a hundred times he talked several times that he did not question but he should prevail with the King of France not to invade Spain And I have seen his Letter to Cardinal Bouillon to expostulate with him about the King of France why he should wage War with the King of Spain who was a Catholick but rather should come and redeem Ireland out of its Heretical Jurisdiction Mr. Att. Gen. Did you see the Letter Duffy Yes Mr. Att. Gen. Why do you know his hand Duffy Yes I know it as well as I know my own I know it if there were a thousand papers together Mr. Att. Gen. And what was the import of it pray Duffy That Cardinal Bouillon should prevail with the King of France not to invade Spain and the contents of the rest of the Letter were That he did admire he should not rather wage War with the King of England who hath been an Apostate and help their poor Country that was daily tormented with heretical Jurâ—sdiction Mr. Att. Gen. How came you to be in France were you employed Duffy I went to France to live there in a Covent Plunket Did Cardinal Bouillon shew you my Letter Duffy Yes Plunket What year Duffy 77. Mr. Att. Gen. Pray Sir you were speaking of raising of money Duffy Yes Mr. Att. Gen. Did you see any Precept about it Duffy Yes I have seen several Precepts I was Curate to one Father Murfey and while that man was with Dr. Oliver Plunket and other Jesuits I did officiate in his place and he sent his Letters to me to raise 40 s. and 20 s. a time several times L. C. J. You your self Duffy Yes Mr. Att. Gen. What for Duffy It was to send to Dr. who was at Rome Mr. Att. Gen. Did you send any money that you know of Duffy Yes Mr. Att. Gen. Tell what time you gave the money your self Duffy In 73 74 and 75. Mr. Att. Gen. Where Duffy At his own dwelling-place at Mr. Just Jones Of what qualitie was the Prisoner amongst you Duffy He was Primate of all Ireland Mr. Just Jones Under whom Duffy Under whom under the Pope Mr. Just Jones How do you know he was so Duffy We had it in his Writings L. C. J. Did he stile himself so in his Letters Duffy Yes if he writ but to the least man in the Country he would write Oliver us Armacanus Primas totius Hiberniae L. C. J. And so you always understood him Duffy Yes Mr. Att. Gen. Were you present at any of the general Consultations or Meetings Duffy Yes I was Mr. Att. Gen. What number might meet at that time Duffy Five hundred
Plunket I do not say I have not seen him or that I am a stranger to the man but in the companie of Bishop Duffy I never saw him nor I never sent him Orders to pay any money and if he did pay any money he might shew the Order Mr. Serj. Jeff. If he did pay any money you did ill to take it Mr. Att. Gen. Pray let him have fair play to ask any Questions Mr. Soll. Gen. Tell how you came to remember that you saw him at Sir Nich. Plunkets Duffy Dr. Duffy did send me to Sir Nicholas Plunkets and I met Dr. Plunket as I was coming out of the Citie I had been half a year at the Spanish Embassadours and he sent me for Ireland again and then I lived at the Convent in Dublin and then when I knew that he would come to Town I went to Rings-end where the Ships came in to meet him Plunket You say you were with him at my house Duffy Yes Plunket If you were you were invisible But I ask you Why did not you tell this to some Justice of the Peace Mr. Just Dolben Good Mr. Plunket he tells you he was as willing to forward it then as you L. C. J. How come you now to change your mind Duffy I went into France in 77 and I was not there a year altogether but when I have seen how the poor people there are brought into such slaverie by the French King I thought of it and had rather the Devil should reign over us than the French-man Mr. Just Dolben He gives you a very good rational account why Duffy I have been at Sir Nicholas Plunkets and Dr. Patrick Plunkets where there fell some variance about something this man had done to Father Duffy Saies Bishop Duffy I might have had you drawn and quartered if I were as ill a man as you and I might have been Primate of Ireland if I would have undertaken those things that you undertook Upon that saies Sir Nicholas Plunket What is that Why it was said it was to raise 60000 men in Ireland at any time whenever the French or the Spanish King should wage War with England Scotland or Ireland And this man did confess before my face to Father Duffy that it was not onely to exalt himself but all the Roman Clergie and all the Gentrie that had lost their Estates Plunket Mr. Duffy one word with you Is not this out of malice to me for correcting some of the Clergie Duffy You had nothing to do with me for I was a Friar Mr. Att. Gen. Swear Edmond Murfey which was done Tell your whole knowledge of Dr. Plunket and the Irish Plot. Murfey May it please you my Lord I was one of the first Discoverers of this Plot but of nine Witnesses I have but one in Town L. C. J. Well tell your own knowledge Murfey Now I beg your Lordship as to Dr. Plunket thâ—t you will respit it till next Term I could bring ten Witnesses Mr. Att. Gen. Do you speak your own Evidence Murfey I refer it to the King and Council what Evidence I have given L. C. J. Do not trouble your self be directed a little you are here now to speak what you know concerning any Treasons or any other matters against the King done by Dr. Plunket speak your own knowledge for as to other Witnesses we do not call you Murfey If I be called in question for this Evidence Mr. Att. Gen. Come Sir you have been at the Spanish Embassadors lately answer my Question Have you ever been with Plunket in Ireland Murfey Yes Sir Mr. Att. Gen. Have you ever heard him own himself Primate of Ireland Murfey Yes titular Primate Mr. Att. Gen. Under whom did he claim that Authoritie under the King or under the Pope Murfey I think he could not be under the King at all Mr. Att. Gen. Under whom then Murfey It must be either the King or the Pope L. C. J. Answer me directly Did he claim to be titular Primate under the Pope Murfey I suppose he did â— C J. Was he reputed generally so to be Murfey Yes my Lord. Mr At. Gen. Mr. Murfey remember what you swore before the Grand Jurie pray recollect your self whether that be true and tell all L C. J. You are upon your Oath you must speak the truth and the whole truth you must not mince or conceal any thing Mr. Serj. Jeff. Were you sworn before the Grand Jurie Murfey I was sworn before the King and Parliament Mr. Serj. Jeff. Did you give in any Evidence to the Grand Jurie Murfey Yes I did Mr. Serj. Jeff Was that you swore before the Grand Jâ—rie true upon your Oath Murfey I can't say but it was Mr. Serj. Jeff. Repeat it tell my Lord and the Jurie what it was and tell the truth Murfey I have forgot it Mr. Att. Gen. Why then I would ask you a little you remember I was by and 't is no laughing matter Mr. Murfey you will find it so What do you know of any Orders issued out by Mr. Plunket to raise money from the Priests Murfey I know there was Orders and I took the Orders my self in my hand Mr. Att. Gen. From whom had you those Orders Murfey From another and not from him Mr. Att. Gen. Under whose hand were those Orders Murfey They were from the Primate Mr. Att. Gen. Did you see any Order under Plunket's hand for raising of money Murfey No but under the Vicar-generals by his authoritie as I suppose Mâ— Att Gen. Upon your Oath did you not swear before the Grand Juriâ— â—hat you saw the Orders under his hand Murfey No I did not or I was mistaken for it was onely by his direction Mr. Att. Gen. Pray had â—ou any converse with Oliver Plunket about the raising of money Murfey Oliver Plunket about the raising of money Mr. Att. Gen. Yes that is a plain Question Muâ—fey It was about other matters I conversed with him Mr Att. Gen. But did you converse with him about money Murfey No not about the money Mr. Att. Gen. Upon your Oath did you converse with him about bringing in the French Mr. Serj. Jeff. Declare the truth come L. C. J. Come don't trifle What discourse have you had with the Prisoner about raising of money or bringing in the French either of them Sir Murfey I know this if the D. of York and D. of Ormond had proceeded according to their Intentions it was a general expectation at the same time that all the French and Irish would come and fall upon the English Nation as I understood L. C. J. Pray answer the Question directly You must not come and think to trifle with the Court you must speak the truth you are sworn to it you must not come to quibble and run about to this and that and t'other but answer directly Have you had any discourse with the Prisoner about Orders for raising of Money in Ireland Murfey Yes I have seen Orders from his