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
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
'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
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 Dâ—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 thâ— Woâ—â—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 â—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
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
thing is yet he hath insinuated by the method of his proceedings that he would fain have such a thing believed and that the man had no traiterous designe in it Now what Evidence hath he produced for it He hath produced to you Evidence that he hath had money from the King and hath been sometimes at the Dutchess of Portsmouth's That he had money from the King is true but it little became him to mention it for it was charity to relieve a man in necessity that was ready to starve and was forced to go all the ways to work he could to move compassion he urged the sufferings of his Wives Father you heard the Petition read as a ground for supply and he hath so far prevailed upon the Kings Charity which he hath abused as to have a sum of money given him and he hath had the benefit of it but he hath made a very ill return for it for the thanks he hath given to the King for this his Charity is to flie in the face of him his Familie and the Government he hath endeavoured to raise a Rebellion and when he is brought to his Trial he continues to defame the King which is an aggravation of his Treason if possible And now having no proof in the world for these malicious insinuations and all the Witnesses that he hath called to make out what he would fain have believed and dares not mention not proving any such thing you will have little reason Gentlemen to believe any thing that comes from him especially if you consider the nature of the Libel it self it is impossible this man should ever be set on work to contrive such a thing as this to defame the King and all his Family to raise a Rebellion to overthrow all Religion Liberty and the King himself it is impossible to be believed But I fear I press too much upon you as if I did suspect there could be men in this Kingdom so bad as to believe such a malicious insinuation Gentlemen I leave it to you you hear what our Evidence is three Witnesses that positively swear this Treason against the Prisoner Now as you have this positive Evidence on the one side so you have no colour of Evidence to the contrary and 't is impossible for you not to find him guilty It is to deny the light of the day and 't is a thing of that consequence that all Ages when they hear of it will say that there is no Justice to be had if an English Jury do not find a Verdict according to their Evidence For what security hath a man for his Life and Estate if twelve substantial men of a Jury shall dare to go against plain and full Evidence 'T is all the security an English-man has for all he enjoys that he is to pass through the hands of twelve honest men of his own Country And if it be possible for a Jury to go against Evidence so plain as this is I say no man is safe in his Life or Estate Mr. Serj. Jefferies Gentlemen I desire to take notice of what Mr. Fitzharris was pleased to conclude withal He says his Bloud is to be required at your hands and therefore he would fain by that means insinuate you out of your â—onsciences But I think if you consider the circumstances that have been given and all the Evidence it will be impossible for men that have any respect to their Credit and their Consciences to acquit this Gentleman In the first place it is known and it hath been given in proof to induce the probabilitie of the matter evidenced against the Prisoner at the Bar that he is a known Roman Catholick they are all Protestants and good Protestants and you are all Protestants too And then the case goes thus far further You that are Protestants must take it upon your Oaths that these Gentlemen have sworn false and convict them of wilful Perjurie and if you do convict them it must be upon the bare Allegation of a Papist And I hope never to live to see the day that men that are of good Credit and Protestants shall by an Allegation though never so confidently affirmed at the Bar be presumed to be guiltie of Perjurie So that I say my Lord besides the baseness and venome of this impudent Libel which certainly no honest man in the world will give the least countenance to here is Evidence enough from himself and you cannot believe it proceeds from any direction from the Crown as this man would insinuate and therefore he hath given us the greatest Evidence by his libelling at the Bar and he hath not onely libelled the Crown but he hath called up some Witnesses on purpose to libel the rest of his own And then I hope you will take notice how he did insinuate with Mr. Everard at the beginning When you were in the French King's service said he and have been neglected ever since you left it If you will come and joyn with me without peradventure you may get encouragement fitter than that poor and mean way that you are reduced to by embracing the Protestant Interest He gives him a method likewise to walk by he thought him the person that had writ some Pamphlets before and therefore was fit for his purpose and ought to be encouraged And he does tell you the words not onely against the present Government but that which every good Protestant must needs abhor and tremble at he bids him take care to libel the whole Familie He tells him withal You must be sure to say that the late King of blessed memorie was concerned even in the Irish Rebellion and that this King hath promoted those persons that his Father had countenanced for that Action and he tells him the names of those persons that were so promoted After this is done what does Mr. Everard do he goes and makes a Discoverie He tells the circumstances and the persons to whom when And the persons he made that Discoverie to do in every circumstance agree with time place and all The first night this appointment was I hope you will remember that when Mr. Everard had so placed that Gentleman against whom there is not the least word said or imagined to finde fault with him he takes notice of the Instructions owns that he had given him instructions and takes particular notice of one passage That when Mr. Everard said But there may be danger in them is not this Treason the Prisoner made answer The more Treason the better Aye but then this is dangerous how shall I venture upon such matters Why have you not my hand in it I am as guiltie as you and in as much danger What then was the Reward there was to be at present fortie Guinnies and an annual Pension but to whom was Mr. Fitzharris to discover this not to the King but to the French Embassadour and the Confâ—ssor was to be the man that was to give the Reward Flanders was
first to be subdued and the parts beyond the Seas and then Englâ—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 desiâ—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 surelâ— 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
Evidence from the matter that is produced besides those persons There is Mr. Everard does declare to you the whole of this and Mr. Fitzharris's application to him to write this Book He tells you the intention of it and he gives you the very grounds upon which this was to be written that is to raise Sedition that was the first instruction to raise a Sedition in the Kingdom and this was to busie us at home that the French King might get Flanders and the Low Countries while we are confounded at home and then the Catholicks have their Game to play and carry all before them Look you Gentlemen Mr. Everard is so cautious that he walks not alone in the Case but with a great deal of prudence declares it to others that they may be Witnesses in the case for him Mr. Smith does agree in all things for the first night that Mr. Everard hath declared how that he heard the directions owned as given by Mr. Fitzharris for the writing this Book and he heard the designe of it he heard there was a Reward promised to him for the doing of it and he tells you some of the instructions The next night Sir William Waller was present and he tells you all the instructions of that night and that Fitzharris owned them that he gave those instructions in the private Consult But that that is not to be answered Gentlemen is his own instructions in writing what can be said to that If you were doubtful of the Credit of these Gentlemen yet Mr. Fitzharris's own instructions in writing under his hand are an Evidence beyond all controul in the world that he gave those directions and these are Treason that is plain And therefore it does seem to be as strong an Evidence against Mr. Fitzharris of this Treason as peradventure ever was given against a Traytor There is not any one Witness that stands single but there are two to each night and his own instructions written by himself do not stand upon the Evidence of a single Witness for he owned it in the presence of three Witnesses So then a stronger Evidence cannot be given that he was the Author and Director of this Book Then Gentlemen you must consider what he says for himself in excuse of this horrid Treason that these Witnesses seem so fully to fix upon him The first Witness he brings is Dr. Oates and he does tell you That having some discourse with Everard Everard should say this was a designe of the Court and was to be put into some Lords and I think into some Parliament-mens pockets and then they were to be apprehended I think this is Dr. Oates's Testimony Mr. Everard is here upon his Oath and he testifies no such thing in the world 'T is easie for one to come and say I heard a man say so perhaps he said it by way of conjecture but that is no Answer to direct proof Mr. Sheriff Cornish is the next Witness and he says He had some discourse with the King and the King should say He thought Mr. Fitzharris had been an honest man and had given him some money Mr. Sheriff Cornish No my Lord the King said he took him to be an ill man L. C. J. Then it seems I was mistaken his Majestie did not tell him he took Fitzharris to be an honest man but an ill man But that he had formerly some money of the King upon pretence of doing him some service now that brings it out what the Kings meaning was For it seems there had been begg'd some money for him and the King at my Lady Portsmouth's desire by way of charitie gave him some little matter of money he boasting and telling the King he could do him some service You see what manner of service it is â—e would have done for Him and the Kingdom Then as to all the rest of his Evidence there is Mrs. Wall and my Lady Dutchess of Portsmouth and he hath examined them concerning the money he hath received and they both declare upon what ground that money was given It was given they tell you for a Gratuitie from the King to him and upon his boasting says Mrs. Wall that he could do the King service and bring over persons to his interest I think there is no other Witness very material For as for Mr. Bulstrode's Evidence it signifies nothing at all it is not material for him or against him in the case A discourse about delivering a Petition to the King from his Wife Now Gentlemen you must consider what ill use this Gentleman designes to make of the Kings charitie and favour to him he gave him some money to relieve his Wants and now would he interpret this and insinuate this to be given for ill purposes for to make him trepan his Subjects which is another piece of virulencie that these Papists always exercise against the King they always make an ill use of his best actions and an ill interpretation of them For Gentlemen can it be believed that the King would ever designe such a thing as this is to blacken his Family for ever to stir up all his Subjects against him to endanger his Crown and Kingdom and all that he has in the world And all this to what purpose No colourable designe can be made of it This is such a thing to excuse such a Villany as never was heard of by wresting the Kings charitie and generositie to such ill purposes but that some men have the confidence to do any thing I must leave it to you Here are three witness his own hand to these instructions and his making a Declaration that it was not treasonable enough nor virulent enough All these things are strong Evidences in the Case And if you believe these Witnesses and his own hand-writing 't is a plain case you must find him guilty Fitz-harris May I have libertie to speak one word L. C. J. Gentlemen I had forgot one thing For fear it make an impression in you because I see he hath inculcated it often and often and that is the Impeachment that was by the Commons House of Treason against Mr. Fitz-harris in the Lords House I must tell you Gentlemen that is not before you at all the matter of that was by way of abatement pleaded to the jurisdiction of this Court and that is now over You must have no consideration nor can have any consideration of that now Your question is not whether we have authority to trie this Cause but you are impannell'd and sworn to one point and that is whether Fitz-harris be guiltie of this Treason or not Whether the Court have authoritie to do it is another question proper for our determination and we have determined it but there is nothing of that lies before you in this Case Therefore you must not be misâ—ed with any thing that he talks so fondly of concerning the Impeachment or concerning his bloud lying at your doors that surely will signifie nothing to
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 canâ—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
pleaded Not Guilty If we prove these things you are to find him Guilty Mr. Serj. Maynard My Lord We will quickly come to the Evidence But in short You have heard his Charge is as high as can be against the King and against the Nation and against all that is good The Design and endeavour of this Gentleman was the Death of the King and the Destruction of the Protestant Religion in Ireland and the raising of War And to accomplish this we charge him that there was a Confederacy made Assemblies and Consultations had to these ends and raising Money to accomplish it Gentlemen Dr. Plunket was made as we shall prove to you as they there call him Primate of Ireland and he got that Dignity from the Pope upon this very Design He did by Vertue of that Power which he thought he had gotten make out Warants Significations I know not what they call them to know how many men in Ireland could bear Arms from Sixteen to Fourty he raises Taxes upon the People and the Clergy there But My Lord the particulars will best fall from the Witnesses that we shall call and prove it by and we need not make any aggravation for such a thing as this cannot be more aggravated than ' t is Mr. Att. General May it please your Lordship and you Gentlemen of the Jury the Character this Gentleman bears as Primate under a Forreign and Usurped Jurisdiction will be a great Inducement to you to give credit to that Evidence we shall produce before you We shall prove that this very Preferment was confer'd upon him upon a Contract that he should raise Sixty Thousand Men in Ireland for the Pope's Service to settle Popery there and to subvert the Government The Evidence that we shall give you will prove how it leads to destroy the King and I take it according to the resolutions that have been to raise War in the Kingdom and to introduce a Forreign Power will be certainly Evidence of an Attempt and Machination to destroy the King Assoon as he was in possession of his Primacy he goes about his work There are two great necessaries to be provided Men and Money For men having this great Spiritual Jurisdiction whereby indeed all that are under it are become Slaves he issues out his Warrants to all the Clergy of Ireland to give an Account and make Return from the several Parishes of all the men in them above Fourteen and under Sixty And Returns were accordingly made by them that he might accordingly take a measure what men to pick out for the Service The next thing was Money My Lord and your Lordship takes notice that when the Mind is enslaved the Purse nay all the Body bows to it He issues out his Warrants to his Clergy to make a Collection of Money in all parts great Sums were Levied and when they were Levied we shall give you an accompt by our Proofs that several Sums were issued out and sent into France to further the Business There was also provision made of great Ammunition and Arms and we shall prove in particular several delivered out by this Gentleman's Order to carry on this thing and to go through stitch with this business he takes a view of all the several Ports and places in Ireland where it would be convenient to land For they were to have from France an Auxiliary Forcce and upon his view he pitched upon Carlingford as the place We shall prove the several Correspondencies between Rome and him and France and him and several Messengers imployed and Moneys issued out from time to time for their maintenance This will be the course of our Evidence and we shall begin first with some that do not speak so particularly to this Doctor but prove there was a general Design in all parts of the Kingdom of Ireland to bring in the King of France and extirpate the Protestant Rehgion And then we shall call the particular persons to the particular Facts against him First we call Florence Wyer Who was sworn Mr. Soll. Gen. Are you sworn Sir Wyer Yes Sir Mr. Soll. Gen. Pray give the Court and the Jury an account of what you know of any Plot in Ireland to introduce the Romish Religion or to bring in the French King Wyer Yes I know there was a Plot both before Plunket's time and in his time for it was working in the years 65 and 66. but it was brought to full maturitie in the year 1667. For then Col. Miles Rely and Col. Bourne was sent to Ireland from the King of France with a Commission to muster as many men as he could promising to send an Army of 40000 men with a Commission upon St. Lewis day in August next following to land at Carlingford to destroy all the true Subjects to destroy the Religion as it was established there and to set up the French King's authority and the Roman-Catholick Religion And one Edmond Angle that was a Justice of peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head-Town of the County and fired the Town the Inhabitants fled into the Castle then they came up to the Goal thinking to break it open and by setting the Prisoners free to joyn them with them but then Angle was shot received a deadly wound and dropt off his Horse and they fled So then when they were without the Town one Charles Mac Canell alighted and took away all the Papers out of his Pocket which if they had been found would have discovered all This occasioned Col. Bourne to be suspected and being so suspected he was taken Prisoner and turned to Newgate in Dublin Then Col. Riley fled away again to France and the Plot lay under a Cloud during thâ— life of Primate Raley the Prisoner's Predecessor This Primate Raley died beyond Sea Then many of the Popish Religion would hâ—ve had the Primacie conferred upon one Duffy but the Prisoneâ— at the Bâ—r put in for it which might have been opposed if the Prisoner had not engaged and promised that he would so manage affairs that before the present Government were aware he would surprize the Kingdom provided the Pope and King of France would send a competent Armâ—e to joyn with theirs for the effecting of it So the first Year of his coming over I was in the Frierieâ—at Armagh I was an acquaintance of the Friers and they invited me And one Quine told the Prisoner that they thought Duffy would have been Primate Said he 'T is better as it is for Duffy hath not the wit to do those things that I have undertaken to do meaning that he did undertake to supplant the Protestant Religion to bring in Properie and put the Kingdom under subjection to the King of France Mr. Soll. Gen. How do you know that Wyer Those were the words and in the meaning I knew before because I had heard it talked of L.
C. J. Who was the first of these Primates you speak of Wyer Edmund Raley He set this business on foot first L. C. J. About what Wyer About calling the Rebels together out of the North when they came to Longford L. C. J. What Year was that Wyer It was in the year 67. L. C. J. When died he Wyer He died a little while afterwards L. C. J. Then Duffy would have it conferred upon him Wyer Yes after Raley's decease he would have had it conferred upon him and there was a contention between him and the Prisoner who did engage he would bring things to that full maturity that before the present Government were aware he would do the work L. C. J. How do you know this Wyer I know this because I had an account of it from certain School-fellows that were with me in Ireland then studying in Rome they wrote this to me desiring me I would take a good heart with the rest of my Country-men and assuredly in a short time the Kingdom would be relieved and the Irish restored to their former patrimonies L. C. J. This you speak of their information What do you know of your own knowledge Wyer All that I know is he coming into the Friery of Armagh L. C. J. About what time Wyer It is either 10 or 11 years ago and there was a Fast there and I was invited by the Friers being their acquaintance one Quine one of the Friers told him L. C. J. Told whom Wyer The Prisoner that he did expect Duffy should have been Primate but the Prisoner made answer 'T is better as it is for Duffy had not the wit to manage the things that I have undertaken for the general good of our Religion L. C. J. Now tell me this What things were those he had undertaken did he explain himself Wyer No further than those words But I did conceive this was his meaning because I knew partly of it my self knowing of the former Plot. L. C. J. I ask you onely what words came from him and you say they were That Duffy had not the wit to manage what he had undertaken for the general good of their Religion Wyer Yes and then again in his Assemblie kept by him he charged his inferiours to collect such several sums of money as he thought fit according to the several Parishes and Dignities to assist and supplie the French Forces when they came over L. C. J. How know you that Wyer I have seen the Money collected and I have seen his Warrant sub poena suspensionis to bring it in to redeem their Religion from the power of the English Government Again there were those Rebels that went to Longford L. C. J. What time were those Collections Wyer From time to time since he came into Ireland L. C. J. About what time Wyer 9 Year 8 Year 7 Year ago and the last Year of all L. C. J. Then it was several times you say Wyer Yes and he procured the Macdonels a piece of money out of the Exchequer pretending to do good service to his Majestie but he sent them for France meaning they should improve themselves and bring themselves into favour with the King of France and come over with the French King to surprize Ireland This one of the said Rebels told me So I have seen the Prisoner's Letter directed to the grand Torie Flemming desiring that they should go to France and he would see them in spight of all their Eâ—emies in Ireland â—afe ashoar And Flemming should return again a Colonel to his own glory and the good of his Country Mr. Att. Gen. Do you know his hand Wyer Yes I do as well as my own I have seen Capt. O Neal Son of General O Neal coming every Year into Ireland and carrying three Regiments to the French King into France and he used to come over to Ireland every Year to get a recruit and he did get my Brother to go with him and so much importun'd me that I could hardly withstand him but I did not yield to his desire He told me it was to improve me for my good to improve my self in Military Discipline and then I should return for Ireland a Captain under the French King to surprize the Kingdom and settle the Popish Religion and then I should be restored to my Estate L. C. J. Who told you this Wyer Capt. O Neal. And in the mean while says he I hear Dr. Plunket is the onely man entrusted in Ireland to make these preparations and get things ready against the French King 's coming who is to land at Carlingford Mr. Att. Gen. How often were you in the Doctor 's company Wyer Not very often Plunket I never saw him with my eyes before in all my life Wyer I have seen him in the Priory the first year that he came over to Ireland and you know the meetings held at George Blykes house in the Fives and I have seen him in his own house Mr. Just Dolben How come you to know the Prisoners hand Wyer Because I was well acquainted with his hand seeing his hand amongst the Priests Mr. Just Dolben Did you ever see him write Wyer Yes in the Priory and in his own house Mr. Just Dolben How often Wyer Not often Mr. Just Dolben How often Wyer Ten or a dozen times I should know his hand from all the writing in London if it were among never so many Let me but see it I will know it L. C. J. Have you ever heard him own himself Primate Wyer Yes my Lord he writes himself Oliverus Armacanus Primas Metropolitanus totius Hiberuiae that is his Stile L. C. J. Who did he say made him Primate Wyer The Pope my Lord. L. C. J. Have you heard him say so Wyer Yes I heard him discourse of it in the Priory Mr. Att. Gen. He was a publick Officer and they might well know his hand L. C. J. I believe any body that hath seen us write but a little would soon know our hands Wyer His hand is as well known over Ireland as mine is among my acquaintance L. C. J. Well go on Wyer During the time of his Imprisonment I have seen his Commands to some of his inferiour Dignitaries commanding them sub poena suspensionis to bring in the monies assessed for bringing in the French Armie and that there was no better time than the time of his imprisonment to bring it in L. C. J. Who were they you say that were commanded sub poena suspensionis Wyer Since his taking I have seen in the time of his Imprisonment his Commands to his inferiour Dignitaries not to be forgetful of the Monies that were assessed towards the supplying the French Army and that rhere was no better time to bring in the French than when he was in prison L. C. J. How long ago was that Wyer The first of February 79. The second and last of it was in July and November last L. C. J. And
it was only to put off my Tryal and now my Witnesses are come to Coventry yesterday morning and they will be here in a few days and so for want of time to desend my self in I was exposed to my Adversaries who were some of my own Clergy whom for their debauched Lives I have corrected as is well known there I will not deny my self but that as long as there was any Toleration and Connivance I did Execute the Function of a Bishop and that by the second of Elizabeth is only a Premunire and no Treason So that my Lord I was exposed Defenceless to my Enemies whereas now my Witnesses are come that could make all appear I did begg for twelve days time whereby you might have seen as plain as the Sun what those Witnesses are that began the Story and say these things against me And my Lord for those Depositions of the seventy thousand Men and the Monies that are Collected of the Clergy in Ireland they cannot be true for they are a pâ—or Clergy that have no Revenue nor Land They live as the Presbyterians do here there is not a Priest in all Ireland that hath certainly oâ— uncertainly above threescore Pounds a Year and that I should Collect of them forty Shillings a piece for the raising of an Army or for the Landing of the French at Carlingford if it had been brought before a Jury in Ireland it would have been thought a meer Romance If they had accused me of a Praemunire for the exercise of my Episcopal Function perhaps they had said some thing that might have been believed but my Lord as I am a dying Man and hope for Salvation by my Lord and Savior I am not guilty of one point of Treason they have swore against me no more than the Child that was born but yesterday I have an Attestation under my Lord of Essex's hand concerning my good Behavior in Ireland and not only from him but from my Lord Berkly who was also Governor there which the Kings Attorney saw But here I was brought here I was tryed and having not time to bring my Witnesses I could not prove my Innocency as otherwise I might So that if there be any Case in the world that deserves Compassion surely my Case does and 't is such a rare Case as I believe you will not find two of them in Print that one Arraigned in Ireland should be tryed here afterwards for the same Fact My Lord if there be any thing in the world that deserves pity this does for I can say as I hope for Mercy I was never Guilty of any one point they have swore against me and if my Petition for time had been granted I could have shewn how all was prepense Malice against me and have produced all Circumstances that could make out the Innocency of a Person But not having had time and being Tryed I am at your Mercy L. C. J. Well you have nothing further to say in Bar of Judgment you have said all you can Plunket I have nothing further to say but what I have said Then Proclamation was made for silence while Judgment was passing upon the Prisoner L. C. J. Look you Mr. Plunket You have been here indicted of a very great and hainous Crime the greatest and most hainous of all Crimes and that is High-Treason and truly yours is a Treason of the highest Nature 't is a Treason in truth against God and your King and the Countrey where you lived You have done as much as you could to dishonor God in this Case for the bottom of your Treason was your setting up your false Religion than which there is not any thing more displeasing to God or more pernicious to Mankind in the world A Religion that is ten times worse than all the heathenish Superstitions the most dishonorable and derogatory to God and his Glory of all Religions or pretended Religions whatsoever for it undertakes to dispense with Gods Laws and to pardon the breach of them So that certainly a greater Crime there cannot be committed against God than for a man to endeavour the Propagation of that Religion but you to effect this have designed the Death of your lawful Prince and King And then your design of Blood in the Kingdom where you lived to set all together by the Ears to destroy poor Innocent People to prostitute their Lives and Liberties and all that is dear to them to the Tyranny of Rome and France and that by introducing a French Army What greater Evil can be designed by any man I mention these things because they have all been fully proved against you and that you may take notice and repent of them and make your Peace with God by a particular Application for Mercy for all these Faults For it seems to me that against God your Prince and fellow Subjects you have behaved your self very ill designing very great Evil to all these and now it hath pleased God to bring you to Judgment I must tell you peradventure what you urge for your self might introduce Pity if it were to be believed that is that you are Innocent and had Witnesses to prove it but we cannot suppose any man Innocent that hath had a Legal and a Fair Tryal and a Tryal with as much Candor to you as your Case could bear or as perhaps any man in such a Case ever had You had time upon your Request to send for your Witnesses to help you in your Defence and to have proved your Innocence if you could have done it Time long enough to your own Content you your self thought it so at the time it was given To give a Prisoner under your Circumstances five or six weeks time to send for Witnesses is not usual we could have put you upon a present Defence and hurryed you out of the World by a suddain Tryal if we had had any Design against you but we go on in a fair way and with legal Proceedings and with as much Respect to you as in such a Case could be used for we gave you all the fair Hearing and Liberty that you desired to have Look you as to what you urge that your Trial was in this Kingdom whereas your Offence was in another that is a thing that do's not become you by any means to object for you have had a Tryal here by honest Persons and that according to the Laws which obtain in this Kingdom and that too of Ireland which is by a Statute not made on purpose to bring you into a Snare but an antient Statute and not without Presidents of its having been put in Execution before your time For your own Country will afford you several Presidents in this Case as O Rurke and several others that have been Arrained and Condemned for Treason done there So that you have no reason to except against the legality of your Tryal You say now you have Witnesses that could prove all this Matter why that lyes in