Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	sheriff_n	writ_n	1,474	5	9.6609	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63142	The tryal and condemnation of Edw. Fitz-Harris, Esq., for high treason at the barr of the Court of King's Bench, at Westminster, on Thursday the 9th of June, in Trinity term, 1681 : as also the tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high treason ...	Fitzharris, Edward, 1648?-1681.; England and Wales. Court of King's Bench.	1681 (1681)	Wing T2140; ESTC R34666	112,815	106

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 ●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 Cas●s looks after to prevent He then desired time for his Witnes●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 Lords●ip I have been kept close

'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 Lib●l were contained amongst other things these false Seditio●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 ●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 Trait●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 K●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 ●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 p●ece of malice and Villany than to set the p●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

King and the Prisoner at the Bar according to your Evidence And you have sworn a true Verdict to give upon it and do you now scruple whether you should give any Verdict or no when but even now you have sworn you will give a Verdict If any such thing as this had been in your heads for it might be then in your heads as well as now why did not you speak of it before you took your Oath You now lie under the obligation of an Oath to give a Verdict according to your Evidence and would you acquit him against such an Evidence as hath been given For besides what Sir William Waller Smith and Everard have deposed the very Note sworn by Sir Philip Lloyd and Mr. Bridgman to be owned by Fitzharris as his hand contains Treason enough in it if there were no more Therefore there must be something more in it than for the sake of such an unreasonable scruple Mr Just Raymond I am of the same opinion truly Mr. Johnson My Lord I took the liberty to speak it now I could not speak it before for I was not then to inquire what I was to be sworn to nor could I know what would be the matter that would come before us till we were sworn Therefore I humbly beg your pardon that I made the Motion L. C. J. We are not at all troubled at any thing you have said do not mistake us we do not take it ill from you that you acquaint us with your Scruples We are ready to give all satisfaction we can to any that are concerned before us therefore we are no way troubled that you made any such Scruple but have given you a fair Answer to it Mr. Johnson My Lord I desire a Note of the Names of the Jury L. C. J. Give it him Mr. Astrey or else the Croud is so great he may not know them Then the Jury withdrew for half an hour and at their return being called over and appearing the Clerk took the Verdict Cl. of Cr. Edward Fitzharris hold up thy hand which he did Look upon the Prisoner How say you is he Guilty of the High-Treason whereof he stands indicted or Not guilty Foreman Guilty c. L. C. J. I think you have found a very good Verdict and upon very full and strong Evidence Mr. Soll. Gen. Will your Lordship please to give Judgment L. C. J. We will take time for that Mr. Soll. Gen. Will you give a Rule to have him brought up to morrow L. C. J. Move us another day for it Fitzharris My Lord I hope I may have the liberty of my Wife and some Friends now to come to me L. C. J. Any Friend I think may come to you but Mr. Fitzharris you must be modest in the using that liberty we give you You have heretofore abused your liberty I do not love to exasperate things to one in your circumstances but you must be prudent and careful knowing your own condition that you do nothing prejudicial to the King or Kingdom Upon Wednesday June 15. 1681. Edward Fitzharris was brought to the Bar of the Court of Kings bench to receive his sentence Mr. Att. Gen. My Lord I humbly pray your Judgment against Mr Fitzharris who is convicted of High-Treason Silence proclaimed during Judgment Cl. of Cr. Edward Fitzharris hold up thy hand Thou hast been indicted and arraigned of High-Treason and hast thereunto pleaded Not guilty and for thy Trial put thy self upon God and thy Countrie and thy Countrie have found thee guiltie What can●t thou say for thy self why Judgment of Death should not be given against thee and Execution awarded according to Law Fitzharris My Lord I think it will be prejudicial to the Kings service that Sentence should pass before I have made an end of the Evidence I have given in against my Lord Howard L. C. J. Mr. Fitzharris we can take no notice of any thing of that nature When you are asked what you can say why Judgment should not pass against you it is What legal matter you have what matter in Law to excuse your self from that Judgment For this is nothing the saying you are to give Evidence we know nothing of that it will not delay Judgment a minute And for what you say it will be prejudicial to the Kings service it is the King that prays Judgment against you by his Attorney Fitzharris I beg the Kings mercie for Transportation my Lord. L. C. J. We can do nothing in that Fitzharris Nor to give me time before my Execution I can say no more my Lord. L. C. J. Look you Mr. Fitzharris you have been here indicted for a very great and hainous Treason a Treason that is in truth of the first magnitude for it is a Treason that tends to the rooting up the whole Government of this Kingdom and the destroying of us all plainly both of the King and of all his Subjects It does not onely destroy the Peace and Quiet but it tends in truth to the utter destruction of the whole Kingdom and to bring us into a Confusion and Disorder never to be avoided or retrieved if your Designes should have taken effect You have been here arraigned and put your self upon the Countrie and they have found you gultie of this Treason it is a thing you should well consider for certainly you have contracted to your self a mightie Guilt in such a thing as this is You have endeavoured the destruction of the King and in such a way as must have in truth destroyed all his good Subjects together with him Your designe hath been to excite the People to a Rebellion and a Popular Insurrection that would have swept away all like a Deluge if it had taken effect In truth it is a Treason against all mankind the stirring up of the People is it is of evil example to all mankind the stirring up of the People against their natural Lord to whom we owe all Allegiance and Obedience But your designe in this was by setting the People of England together by the ears to bring in the Roman Catholick Religion upon such as should be left It seems you are an Irish Papist and sucked in very ill principles where you have lived and you have here endeavoured to do as much mischief in this Kingdom by that treasonable Book as lies in any one mans power perhaps to do It is a mercie and a happiness that it hath pleased God in his providence to deliver us out of your hands for this was your designe if you could have brought it about But it hath pleased God now to bring you to Justice for it and the Judgement of the Law must pass upon you Now that Judgment is this You must return to the Tower from whence you came and from thence you must be drawn through the Streets of the City of London to Tyburn there you shall be hang'd by the Neck but cut down before you are dead your Bowels shall be

against you I thought you did more good in Ireland than hurt so I declare it L. C. J. Have you any more Witnesses If Fitz-Gerard or Commines will come we will hear them Plunket My Lord I have not any more Witnesses L. C. J. Look you Gentlemen of the Jury This Gentleman here Mr. Plunket is indicted of High-Treason and 't is for Conspiring the King's Death and endeavouring to bring the French Army into Ireland for to invade that Kingdom and to plant the Romish Religion in that Kingdom You have had Evidence against him that hath been fully examined And these things do seem to be very plain by the Witnesses That he himself hath taken a Commission or a Grant or what you will please to call it from the Pope to be Primate of Ireland that he hath taken upon him to make Laws as the Provincial and that he hath undertaken and endeavoured to settle the Popish Religion in that Kingdom and in order to that he hath invited the Aid of the French Army and that he hath for the better landing of them looked out what places were most convenient for them That he hash set a Tax upon the Clergy within his Province for the facilitating of all this and for the making preparations for the entertainment of this Army This the Wittnesses testifie against him and that there were some Towns as D●ngannon and another Town that were to be betrayed to the Frenh Now you must consider concerning these Witnesses If you believe the Evidence that hath been given and which hath been repeated by the Kings Counsel and if you believe that he did design to bring in a French Army to establish the Roman Religion there again and that he took upon him to raise money for that purpose survey'd the Ports and made such provisions as the Witnesses speak of and was in that Conspiracy you must find him Guilty I leave it to you it is a pretty strong Evidence he does not say any thing to it but that his Witnesses are not come over Plunkett I can say nothing to it but give my own Protestation that there is not one word of this said against me is true but all plain Romance I never had any Communication with any French Minister Cardinal nor other Then the Jury withdrew for a Quarter of an Hour and being returned gave this Verdict Cl. of Cr. Oliver Plunkett hold up thy hand How say you is he Guilty of the High-Treason whereof he stands Indi cted or not Guilty Foreman Guilty Plunkett Deo Gratia God be thanked Then the Verdict was Recorded and the Court rose And the Keeper went away with his Prisoner On Wednesday 15 mo Junii 1681. Oliver Plunkett was brought to the Barr to receive his Judgment Mr. Att. Gen. My Lord I pray your Judgment against the Prisoner Oliver Plunkett Cl. of Cr. Oliver Plunkett hold up thy Hand Thou hast been Indicted of High-Treason thou hast been thereupon Arraigned thou haft thereunto pleaded not Guilty and for thy Trial hast put thy self upon God and the Country which Country hath found thee Guilty what hast thou to say for thy self why Judgment of Death should not pass upon thee and Execution be thereupon awarded according to the Law Plunkett My Lord may it please your Lordship I have something to say which if your Lordship will consider seriously may occasion the Courts Commiseration and Mercy I have my Lord for this Fact been Arraigned in Ireland and brought to my Trial there At the Day of my Tryal all the Witnesses voluntarily absented themselves seeing I had Records and Witnesses to convince them evidently and shew what men they were and the prepensed Malice that they did bear to me and so finding that I could clear my self evidently they absented themselves on the day of my Tryal no Christian appeared but hither over they come and procure that I should be brought hither where I could not have a Jury that knew the Qualities of my Adversaries or who knew me or the Circumstances of the Places Times and Persons the Juries here as I say were altogether Strangers to these Affairs and so my Lord they could not know many things that conduce to a fair Tryal and it was morally impossible they should know it I have been accused principally and chiefly for surveying the Ports for fixing upon Carlingford for the Landing of the French for the having of seventy Thousand Men ready to joyn with the French for collecting Money for the Agents in this matter for the assisting of the French and this great Utopian Army A Jury in Ireland consisting of men that lived in that Country or any man in th● Wo●●d that hath but seen Ireland in a Map would easily see there was no probability that that should be a place sit for the French to Land in tho' he never was in Ireland yet by the Map he would see they must come between the narrow Seas all along to ulster and the Rocks and such places would make it very dangerous and by their own Confession it was a poor Town and of no strength a very small Garrison which had not been so if it had been a place of any Consideration And whereas I had Influence only upon one Province as is well known tho' I had the Title of Primate of all Ireland as the Arch-Bishop of Canterbury hath of all England yet the Arch-Bishop of York will not permit him to meddle with his Province and 't is well known by the Gentry there and those that are accustomed to the place That in all the Province of Ulster take Men Women and Children of the Roman Catholicks they could not make up seventy Thousand This a Jury there my Lord had known very well and therefore the Laws of England which are very favourable to the Prisoner have provided that there should be a Jury of the Place where the Fact was Committed as Sr. Thomas Gascoine as I have heard had a Yorkshire Jury tho' he was tryed at London And then after my coming here I was kept close Prisoner for six Months not any Christian was permitted to come at me nor did I know any thing how things stood in the World I was brought here the third of May to be Arraigned and I did petition your Lordship to have some time for my Tryal and I would have had it put off till Michaelmass but your Lordships did not think fit to grant so long but only till the eighth of this Month when my Witnesses who were ready at the Sea side would not come over without Passes and I could not get over the Records without an Order from hence which Records would have shewn that some of the Witnesses were Indicted and found Guilty of high Crimes some wer e imprisoned for Robberies and some of the Witnesses were ●nfamous People so I petitioned the eighth of this Month that I might have time but for twelve days more but your Lordship thought when the Motion was made that