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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	england_n	lord_n	rebellion_n	1,971	5	9.6518	5	false

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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

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 ●●e what pra●●ices here are most of the Jury are no Free-holders Cl. of Crown John Pre●●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 Abraha● 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 Ralp● Farr Mr. Att. Gen. Ask him the same Question Cryer Are you a Free-holder Sir Mr. Fa●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 Westmi●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 Brads●aw of Holborn did not appear Isaac Heath of Wapping no Free-holder Edward Hutchins of Westmi●s●er Mr. Att. Gen. We challenge him for the King Cl. of Crown John Lo●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 Vi●er William Withers William Cleave Thomas Go●●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 ●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 w●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

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 ●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 Al●egiance but being moved and seduced by the instigation of the Devil the cordial Love and true and due natural Obedience which true and fait●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 st●● 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 a●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 th●m the said persons unknown o●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 Trait●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 p●rsons also unknow● 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 p●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 R●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 de●●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 anot●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 r●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

first to be subdued and the parts beyond the Seas and then Engl●nd would be but a morsel for them they could take that in the way All this was done which is plainly sworn by Witness that had a place made a purpose for him to over-hear all that passed And my Lord for the next Witness there is Sir William Waller there is this besides what is sworn agreeing in circumstance He tells you both to their very Money that it was fortie somewhat but he cannot say Guinnies and he tells you something of the Pension a great many thousand Crowns and he tells you particularly of that circumstance of the French Confessor and the French Embassadour Besides all this does not Sir William Waller tell you this very thing That he espi'd him with a Pen and Ink that he gave a Note of the Libel it self and he heard him give the directions and when he came into the Room he saw the Ink fresh upon the Paper and when he heard him give directions for the alteration of particular words he said You have not worded it according to my mind in such and such particular places But my Lord there is this Venome in it further to be taken notice of That he gave his instructions to draw it so as that it might best take effect according to his intention for when Mr. Everard thought it might do well to make it with thou and thee as though it should be the desi●ne of the Quakers he said No by no means but put it in 〈◊〉 the phrase as if it was the designe of all the Protestant 〈◊〉 and so by that means would draw the Odium upon them and bring them in danger as well as others And this is confirmed too by Sir William Waller so that in every circumstance he hath snewed the venome of his design But in the last place which surel● the Gentlemen of the Jury will not forget what Sir William Waller said That Fitzharris did say I have taken care already to disperse abundance of Libels amongst our Partie And when Everard told him of a Libel that was some while before he said He had seen that a great while ago and there might be somewhat in it to the purpose And for the Answer that hath been given to it my Lord I think it does not bear any sort of relation to the Charge that is upon him for whatsoever discourse or whatsoever he hath urged is not much to his purpose He hath brought here a Noble-man but after all I would put him in mind of one thing that Noble-man said He did believe he came to him in the name of one that sent him not and so will every body say that hath heard the Evidence for all his Witnesses do positively deny that they ever knew of any such matters as he speaks of And now my Lord I could be very glad if this Gentleman instead of saying as he hath said would have come as soon as he had this Libel from Everard and discovered it immediately to some-body himself before he had carried it on as Everard did before the thing was perfected And so Gentlemen we do think upon this Evidence we have left you without all manner of excuse it being impossible upon such a proof as this is and considering the nature and venome of the Libel it self the base venomous malicious instigations he made use of to effect it and the ends for which it was done to bring in the French to set us together by the ears to render the King odious to his People and the person 't is acted by a known Irish Papist I cannot doubt of the issue and I do hope when I see so many honest Gentlemen and Protestants at the Bar they will be loth to forfeit their own Souls to eternal damnation to save a man that is guiltie of such a Treason as this L. C. J. Have you done Gentlemen Sir Geo. Jefferies Yes L. C. J. Then look you Gentlemen of the Jurie Here is Mr. Fitzharris indicted for Treason against the King and 't is for endeavouring to take away his life to make him odious to his Subjects to incite them to a Rebellion and to raise Arms here in this Kingdom against our King our Soveraign And by the Indictment it is said that he hath declared these Endeavours and these Intentions by causing a scandalous and evil Pamphlet or Libel to be written with an intent to be dispersed through the Kingdom The words of the Libel you have heard particularly read some of them are taken out and mentioned in this Indictment Mr. Fitzharris hath been arraigned and hath pleaded Not guiltie and you are to trie the single matter before you whether Mr. Fitzharris be guiltie of this Treason That this is Treason and contains a treasonable matter Gentlemen is so plain as no body living can doubt it But it is a Treason of as high a nature as peradventure ever was in the Kingdom of England and tends as much to that which would be the destruction both of the King and Kingdom The King's life all our lives all we have that is dear to us or of any advantage or avail in the world are concerned in this For what does it tend to It tends to a popular insurrection to raise the people up in Arms that like a Deluge would over run and sweep away all It is to undo the Government and all Order in the Kingdom and to destroy the Life and Being of all that is good amongst us Amore virulent and villanous Book certainly was never written nor any thing that tended more to Sedition or to incite the people to a Rebellion such a Book as peradventure no well-govern'd Kingdom ever heard of the like It tends to defame the King and all his Ancestors and to blast all that shall come after him to raise us into a Tumult And what is all this to do to settle the Roman Catholick Religion amongst us And this is such a piece of the Art of the Jesuits which peradventure hath out-gone all they have done before It seems to be their hand directly and we are all concerned as English-men to take care of such Villanies This is the nature of the Treason that is comprised in this Book Whether Mr. Fitzharris was the Author or Directer or Contriver of this Book is the Question before you For plainly without any suppose the Book contains in it as high a Treason as ever was And as to that Gentlemen you must consider that this appears evidently to be a designe of the Roman Catholick Partie 't is a Jesuitical designe for this is that they aim at to confound all things that they may fish in troubled Waters And you see they have found out an apt Instrument an Irish Papist one that hath been all-along continually concerned with them and intermedled in several of these Plots and Papers Gentlemen the Evidence that is given here against him is by three persons and there is great

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