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kingdom_n	lord_n	say_a	stir_v	1,957	5	10.7309	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63140	The tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high-treason at the barr of the Court of King's Bench at Westminster, in Trinity term, 1681.	Plunket, Oliver, Saint, 1629-1681.; England and Wales. Court of King's Bench.	1681 (1681)	Wing T2139; ESTC R25660	48,436	62

of hard measure and injustice yet if I have not full time to bring my Records and Witnesses altogether I cannot make my Defence Some were there then some afar off so that it was a miracle that in six or seven Counties they could do so much as they did But they got in seven or eight of them yet there were five or six wanting Therefore I beseech your Lordship that I may have time to bring my Records and Witnesses and then I will defie all that is upon the Earth and under the Earth to say any thing against me L. C. J. Look you Mr. Plunket 't is in vain for you to talk and make this discourse here now you must know that by the Laws of this Kingdom when a man is indicted and arraigned of Treason or Felony 't is not usual to give such time 't is rare that any man hath had such time as you have had five weeks time to provide your Witnesses If your Witnesses are so cautions and are such persons that they dare not or will not venture for fear of being apprehended or will not come into England without such and such cautions we cannot tell how to help it we can't furnish you with Witnesses you must look to get your Witnesses your self if we should stay till your Witnesses will come perhaps they will never come here and so you will escape out of the hands of Justice Do not be discouraged in this the Jury are strangers to you peradventure but they are honest Gentlemen and you shall have no other upon your Jury and you may be confident that if there be not some Fact proved against you that may amount to Treason you shall be discharged they are persons that understand so much and we will direct them so much You shall have as fair a Tryal as if you were in Ireland but for us to stay for your Witnesses or send you back to Ireland we cannot do it Therefore you must submit to your Tryal We heard your Affidavit yesterday and we did then tell the Gentlemen that moved it as much as we tell you You are here to be tried look to the Jury as they are called and except against them if you will Plunk My Lord I desire only to have the favour of time some time this Term. L. C. J. We can't do it Cl. of Cr. Swear Sir John Roberts Plunk I humbly present 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 21th 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 Plunk 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 Harriot 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 England Scotland France and Ireland King and his natural Lord the fear of God in his heart not having nor weighing the duty of his Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true and due natural Obedience which true and faithful 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 this Seas to stir 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 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 32th 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 Traytors unknown traiterously 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 Government of his Kingdom of Ireland aforesaid to depose 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 Traiterous compassings imaginations and purposes aforesaid he the said Oliver Plunket the said first day of December in the abovesaid 32th 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 traiterously did assemble and gather together himself with divers other Traitors unknown and then and there devilishly advisedly maliciously subtilly and traterously 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 traiterously did further consult and agree to contribute pay and expend divers great Sums of Mony to divers Subjects of our said Sovereign Lord the King and other persons unknown to procure

them the said persons unknown our said Sovereign Lord the King that now is traiterously 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 Traitors 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 traiterously did receive collect pay and expend divers great Sums of Mony to divers persons unknown to persuade and induce divers other persons also unknown the said false Traytors in their said Treasons to help and maintaintain 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 in the 32th 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 Mony 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 Mony to several persons to persuade them and entice them to be aiding and assisting in these Treasons and to recompence them for them To this Indictment the Defendent hath 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 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 Mony 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 Warrants Significations I know not what they call them to know how many men in Ireland could bear Arms from sixteen to forty 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. Gen. May it please your Lordship and you Gentlemen of the Jury the Character this Gentleman bears as Primate under a Foreign 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 60000 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 Foreign 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 Mony 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 Force 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 Monies 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 Religion And then we shall call the particular persons to the particular Facts against him First we call Florence Wyer Who was sworn Mr. Sol. Gen. Are your sworn Sir Wyer Yes Sir Mr. Sol. 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

too that instead of drawing their Swords against one another they had better come to promote the Catholick Faith in Ireland These four Witnesses are punctual and precise in every particular circumstance of the Case and against them there is nothing but the common Objection If I had such Records and Witnesses here I could make my Defence that is if he had those things that he has not he might appear to be another man than he is but I am sure as it appears upon the Evidence that hath been given by all the Witnesses there is a plain proof and a full proof of every Treason laid to his Charge Plunket My Lord I desire these Witnesses may be called giving in a Paper Cryer David Fitz-gerard Eustace Commines and Paul Gormar L. C. J. Who gave him this Paper he had it not before Stranger I was told that these were good Evidences for Dr. Plunket and I gave him the Names L. C. J. Where are they Stranger They are hard by Mr. Att. Gen. Where is Eustace Commines for he was one that gave in Evidence against the Prisoner Then Paul Gormar appeared L. C. J. What would you ask him Plunket I desire to know of him whether Mr. Moyer did allure and intice him to swear against me Gormar Indeed my Lord he never did L. C. J. Will you ask him any more Gormar But this my Lord Mr. Moyer and I were in discourse and he said if there was Law to be had in Ireland he would shew Mr. Plunket his share in it L. C. J. Well what of that Gormar My Lord I did come out of Ireland to reveal what Plots the Irish had against the King and as for this Mr. Plunket as I have a Soul to save I never heard of any misdemeanor of him Mr. Just Dolben How came you here to day Gormar I was summoned Mr. Just Dolb. By whom Was it the Attorney General or Plunket that summoned you Gormar Here is the Summons Mr. Serj. Jeff. It is a common Sub Poena Plunket I never sent for him Gormar It was not against you they know I had nothing 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 hath 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 Witnesses testifie against him and that there were some Towns as Dungannon and another Town that were to be betrayed to the French 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 mony 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 Plunket 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 Plunket hold up thy hand How say you is he Guilty of the High-Treason whereof he stands Indicted or not Guilty Foreman Guilty Plunket 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. Junii 1681 Oliver Plunket was brought to the Bar to receeive his Judgment Mr. Att. Gen. My Lord I pray your Judgment against the Prisoner Oliver Plunket Cl. of Cr. Oliver Plunket hold up thy Hand Thou hast been Indicted of High-Treason thou hast been thereupon Arraigned thou hast 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 Jadgment of Death should not pass upon thee and Execution be thereupon awarded according to the Law Plunket 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 Trial 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 of 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 join with the French for collecting Mony 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 the World that hath but seen Ireland in a Map would easily see there was no probability that that should be a place fit for the French to land in though he never was in Ireland yet by the Map he