better advancement of the French coming in Mr. Jones Did he tell you that the money was to be employed that way Mac Legh Yes that the money was to be kept for Arms and Ammunition for the Roman Catholicks in Ireland L. Ch. Just Before you paid it did you receive any order from him Mac Legh Yes I received an order sub paena suâ—pâ—nsionâ—â— and there was a publick Order throughout Ireland or we would not pay it nay several would not pay it and they were to be suspended Plunket Can you shew any of the Orders under my hand Mac Legh Yes I can shew them but only they are a â—ar off I did not expect to have them asked for Plunket Have you no Superiors of your own Mac Legh Yes but you being Lord Primate you could suspend Bishops and inferior Clergy together Plunket When was this Mac Legh In the years 74 and 75. Plunket What is the reason you kept it secret all this while Mac Legh In the year 77 I did discover it to one Mr. O Neale who I sent to Dublin to discover this Plot. I was in France my self my Lord. Plunket How many years is it since you returned from France Mac Legh In May in the year 78. Plunket Why did you not speak all this while till now Mac Legh I did send one Mr. Henry O Neale to Dublin for I durst not go lest I should have been suspended and excommunicated Mr. Att. Gen. This is the Priest that Henry O Neale speaks of L. C. Just Is not this a very good reason if he had come to Dublin to discover you would have suspended him Plunket But my Lord then he might have shewn my suspension and brought me into a Praemunire Mr. Serj. Jefferies If you please Dr. let us who are for the King have done with him first I would ask you another Question Sir were you at one Vicar Bradeys House Mac Legh Yes I was Mr. Att. Gen. Tell what was done there Mac Legh There was Bishop Tyrrell came there with 40 Horse-men well mounted and armed he came into the House about 10 in the morning and staid till about 11 at Night I was very much among them and was as willing to be of the Plot as themselves Mr. Att. Gen. Tell what was done there Mac Legh There Bishop Tyrrell said that he had order from Dr. Oliver Plunkett and others to partake of the Plot to bring in the French and subvert the Government in Ireland and destroy the Protestant Religion and the Protestants Mr. Att. Gen. Was there an Oath given Mac Legh Yes they were all put to their Oaths which they did take willingly to keep it private during their Lives time and the reason was they were to have their Estates during their Lives time Mr. Serj. Jefferies Now tell us when this was Mr. Att. Gen. My Lord Henry O Neale and Phelim O Neale speake to the same purpose Mr. Serj. Jefferies Do you remember whether Henry O Neale was there Did he take the Oath of Secresy Mac Legh Yes Mr. Att. Gen. What do you know of any Letters from Plunkett Mac Legh In France I landed at Brest and going through Brittany I met with Bishop Tyrell and Dr. Cray who was my Lord Oliver Plunketts Agent and Duke John of Great Brittany came into them for he heard of these 2 Bishops being newly come out of Rome sent for them and I being a Priest of Tyrrels Diocess I went along with them and they were well accepted and he shewed Dr. Oliver Plunketts Conditions with the King of France which was this to get Dublin and London Derry and all the Sea-Ports into their own hands to levy War and destroy the Protestant Religion and that they should have him to protect them during his Life-time L. C. Just Did you see those Conditions Mac Legh A Copy of them I did the Governour of Brittany did shew them to the Bishop Mr. Serjeant Jefferies What Language were those Conditions in Mac Legh They were in Latine Sir Mr. Serj. Jefferies Was Edmond Murfy put out of the Diocess Mac Legh Not as I know of L. C. Just What do you know of his being Primate Upon what Conditions was he made Primate Mac Legh He was made Primate by the Election of the King of France And upon his Election he made those Conditions with the King of France to raise Men to join with the French to destroy the Protestant Religion Mr. Just Jones You know that man Dr. Plunkett Plunkett Yes my Lord. Mr. Att. Gen. Will you ask him any Questions Plunket None but what I asked the others Mr. Just. Dolben Then if that is all he hath given you a good Answer to that already he was as forward then as the rest Mr. Att. Gen. Then swear John Moyer which was done Mr. J. Jones What do you know concerning any Plot in Ireland and Dr. Plunkets being in it Moyer I know him first my Lord to be made Primate of Ireland ingaging that he should propagate the Roman Faith in Ireland and to restore it to the Catholick Government and I know the time by relation that I came to Rome within two Months after his being made Primate of Ireland upon the same Conditions that have been related to you and I was brought into the Convent of St. Francis in Rome by one father and this father was very intimate with Cardinal Spinola and when he used to go abroad he used to carry me along with him as a Companion and there I found several of the Roman Cardinals say That the Kingdom of Ireland should come under the Catholick Government by the way and means of the Lord Primate Plunket Mr. Att. Gen. What do you know of your self Moyer As I was coming then from Rome I happened to come into a Convent of the Order of St. Francis and there came out of Ireland a young Gentleman of the Family of the O Neales who hath been my Lord Primates Page Plunket I never had a Page Moyer You termed him so my Lord in Ireland and as I came this young man had a pacquet of Letters with him as tho they were commendations to enter him into the Colledge de propaganda side directed to the Secretary of that Colledge And thinking them to be Letters of Recommendation an old father called one Thomas Crawley and I thought it not prejudicial to open the Seal and the Contents were these I translated them 5 years ago and here are the Contents following if you please they may be read I will do my best to read them in English the original were in Latine and some phrases in Italian And when I was surprized by Mr. Murfey the last year and taken suddenly all my Papers were taken away before I could return back again by the Soldiers and the Tories I only kept a Copy of this Letter I had in English as near as I could and if I did not diminish any thing by the Translation upon the Oath I have taken
herself and must be removed Mr. Att. Gen. This Paper that we speak of is a Copy of the Pannel and there are particular marks a great many Mr. Sol. Gen. A Woman hath a very great priviledge to protect her Husband but I never yet knew that she had liberty to bring him instructions ready drawn Mrs. Fitz-Harris My Lord The Lady Marquess of Winchester did assist in the Case of my Lord Stafford and took notes and gave him what Papers she pleased Lord Ch. Just Sure 't is no such huge matter to let a man's Wife stand by him if she will demean her self handsomely and fairly Mr. Att. Gen. It is not if that were all but when she comes with Papers instructed and with particular directions that is the assigning him Council in point of Fact Lord Ch. Just Let her stand by her Husband if she be quiet But if she be troublesome we shall soon remove her Fitz-Harris 'T is impossible I should make my defence without her Mr. Ser. Jefferies I see it is a perfect formal Brief Mrs. Fitz-Harris Must he have nothing to help himself Fitz-Harris In short the Kings Council would take my life away without letting me make my defence Mr. Att. Gen. I desire not to take away any Papers from him if they be such as are permitted by Law Mr. Sol. Gen. My Lord His Innocency must make his defence and nothing else Mr. Ser. Jeff. My Lord We are in your Lordships judgment whether you will allow these Papers Lord Ch. Just Let us sâ—e the Paper Fitz-Harris My Lord I will deliver them to my Wife again Lord Ch. Just Let it be so Cl. of Crown Call Sir Will. Roberts who did not appear Sir Michael Heneage Sir Michael Heneage My Lord I am so ill I cannot attend this Cause Lord Ch. Just We cannot excuse you Sir Michael if there be not enough besides 't is not in our power to excuse you Sir Mich. Heneage I must suffer all things rather than lose my health Lord Ch. Just Well stand by till the rest are called Cl. of Croâ—n Sir Will. Gulston Nicholas Rainton Charles Vmphrevile they did not appear John Wildman Mr. Att. Gen. My Lord I desire he may be asked before he be called to the Book whether he be a Free-holder in Middlesex Major Wildman I am a Prosecutor of this Person for I was a Parliament man in the last Parliament and I dare not appear My Lord for fear of being questioned for breach of the Priviledges of the Commons Mr. Att. Gen. My Lord I pray he may answer that question whether he be a Free-holder in Middlesex Major Wildman I pray to be excused upon a very goâ—d reason I was one of them that Voted the Impeachment agaâ—â—â—t this man Mr. Att. Gen. Are you a Free-holder in Middlesâ—x upon vour Oath Lord Ch. Just Look you Major Wildman you are returned upon a Pannel here you have appeared and your appearance is recorded you must answer such Questions as are put to you 't is not in your power to deny Major Wildman I begg the excuse of the Court I cannot serve upon this Jury Lord Ch. Just If you be no Free-holder the Law will excuse you Maj. Wild. Perhaps there may be some Estates in my name that may be Free-holds perhaps I may be some Trustee or the like Mr. Att. Gen. Have you any Free-hold in your own right in Middlesex Major Wild. I don't know that I have if it be in the right of another or as Trustee I take not that to be a Free-hold Cl. of Crown Call Thomas Johnson Mrs. Fitz-Harris Let him be sworn there is no exception against him Lord Ch. Just Hold your peace or you go out of Court if you talk again Mrs. Fitz-Har I do not say any thing that is any harm My Lord. Cl. of Crown Swear Tho. Johnson you shall well and truly try c. Fitz-Harris My Lord I pray the Clerk may not skip over the names as they are returned Cl. of Crown Sir I call every one as they are in the Pannel and don't do me wrong Lord Ch. Just It may be he does not Call them as they are mentioned and set down in the Pannel for all have not appeared but calls those only whose appearance is recorded Cl. of Crown I have called them as they are here set down Lord Ch. Just Well let them all be called for may be they will appear now that did not appear before Cl. of Crown Maximilan Beard Mr. Beard My Lord I desire to be excused I am very infirm and very ancient Threescore and Fifteen years of age at least Lord Ch. Just Why did the Sheriff return you if you be of that age you should be put out of the Free-holders book but stay you are here Impannel'd and have appear'd if there be enough we will excuse you Mr. Just Jones He ought to have Witnesses of his age and if he would not have appeared he might have had a Writ of Priviledge for his discharge in regard of his age Lord Ch. Just Well we will set him by if there be enough besides we will spare him Cl. of Crown Isaac Honywood he did not appear Lucy Knigâ—tley who was Sworn Henry Baker Mr. Att. Gen. My Lord I challenge him for the King Fitz-Harris My Lord why should he challenge him I desire to know the Law whether the 2 Foremen should not try the challenge and not the Court or the Council Mr. Ser. Maynard If the King challenge he hath time to shew cause till the Pannel be gone through the Law will have the minus suspecti but yet if there want any the King must shew good Cause Cl. of Crown Edward Probyn Mr. Att. Gen. I challenge him for the King Cl. of Crown Edward Wilford was Sworn Fitz-Harris My Lord Must not Mr. Attorney shew his causâ— now Lord Ch. Just Look you Mr. Fitz-Harris either side may take their exception to any man but the cause need not be shewn till the Pannel is gone through or the rest of the Jurors challenged Cl. of Crown John Kent of Stepney Mr. Kent My Lord I am no Free-holder Lord Ch. Just Then you cannot be sworn here upon this Jury Cl. of Crown John Wilmore Mr. Att. Gen. We challenge him for the King Fitz-Harris For what cause Mr. Ser. Jeff. We will shew you reasons hereafter Cl. of Crown Alexander Hoseâ— was Sworn Giles Shute Mr. Att. Gen. Are you a Free-holder Sir Mr. Shute No. Mr. Att. Gen. Mr. Whitaker is got near him and he tells him what he is to do My Lord. Fitz-Harris Here is the Lieutenant of the Tower between me and him Mr. Ser. Jeff. But the Barr is no fit place for Mr. Whitaker â—e is not yet called to the Barr. Cl. of Crown Martin James Mr. Att. Gen. Are you a Free-holder Sir Mr. James Yes Mr. Att. Gen. Then Swear him which was done Cl. of Crown Nathanael Grantham Mr. Att. Gen. Are you a Free-holder Sir Mr. Grantham No. Cl. of
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
I Do appoint FRANCIS TYTON and THOMAS BASSET to Print the Tryals of EDWARD FITZ-HARRIS and OLIVER PLUNKET and that no others presume to Print the same Fr. Pemberton THE TRYAL AND CONDEMNATION OF Edw. Fitz-Harris Esq FOR HIGH-TREASON At the Barr of the Court of King's Bench at Westminster on Thursday the 9th of June in Trinity Term 1681. AS ALSO THE TRYAL AND CONDEMNATION OF D r Oliver Plunket Titular Primate of Ireland for High-Treason at the Barr of the Court of King's Bench the same Term. LONDON Printed for Francis Tyton and Thomas Basset Booksellers in Fleetstreet 1681. Trinity Term 33 Car. 2. Regis On Thursday 9. June 1681. Edward Fitz-Harris was brought to the Barr of the Court of Kings-Bench and the Court being sate proceeded thus Mr. Thompson MY Lord I â—oved you the other day that before Mr. Fitz-Harris Tryal he might give such evidence as he had to give against Sir John Arundel and Sir Richard Beiling concerning the death of Sir Edmundbury Godfrey before he be convicted of Treason and we understood that it was the direction of the Court That we might move it this morning before Conviction that he might declare upon Oath here in Court what he knows of that matter against those Gentlemen for after he is convicted I believe it will be too late for us to think of it Mr. Godfrey hath a great deal of reason to desire what I now move that his Brothers Murderers may be prosecuted and we hope all the favour that can be granted in such a Case will be granted unto us for there has been a design of late set on foot to make it be believed that Sir Edmundbury Godfrey murdered himself notwithstanding that clear Evidence that hath been already given of this matter and notwithstanding that several persons have been Convicted and attainted upon that Evidence So that these Gentlemen think themselves obliged to prosecute this matter as far as they can and begg of your Lordship that what can be done for them may And particularly that he may perfect his Discovery against the two named at his last Examination before the Grand-Jury and that his Examination about them may now be taken by the Court. Lord Ch. Justice Look you Mr. Thompson That that you moved before had some reason in it that he might be examined and give Evidence to a Grand-Jury and we told you he should but if there be never a Grand-Jury Sworn yet who can he give Evidence to would you have us take his Examination and afterwards give it in Evidence to the Grand-Jury Mr. Thompson My Lord I only say then 't is our hard hap that he is not examined before a Grand-Jury Lord Ch. Justice But do you think it is fit for you to move this â—ow Mr. Thompson My Lord I understood it was permitted me by the Court the other day to move again and I move by the direction of my Client and I submit it to your Lordship Lord Ch. Justice You know it cannot be granted go on and swear the Jury Fitz-Harris My Lord I begg that my Wife and Solicitor may be by to help and assist my memory Lord Ch. Justice Let your Wife be by you if she please and if you think 't is any advantage to you with all our hearâ—s If she will let her go down to you Cl. of Crown Cryer make an O yes whoever can inform c. Mr. Att. General My Lord I know not what the effect of this may be if his Wife be instructed to instruct him that ought not to be permitted with submission suppose she should come to prompt him and for certain she is well Documentized that your Lordship won't suffer Mr. Ser. Jeff. My Lord she comes prepared with papers in her hand Mrs. Fitz-Harris I won't shew them without my Lords permission Lord Ch. Justice If she brings any papers that are drawn by Council prepared for him without doubt 't is not to be allowed Mrs. Fitz-Harris No no 't is only my own little Memorandums Lord Ch. Justice Whatsoever is written by her Husband for help of his memory in matter of Fact let her do it Fitz-Har My Lord I humbly begg my Solicitor may be by me too Lord Ch. Just We allow no Solicitors in Cases of High-Treason Cl. of Crown Edward Fitz-Harris hold up thy hand which he did those good men which thou shalt hear called and personally appear c. Fitz-Harris My Lord I desire they may be distinctly named as they are in the Pannel that I may know how to make my Challenges Mr. Sol. Gen. My Lord I must humbly offer it to your Lordshipâ— Consideration for the Precedents sake whether any Person can assist the Prisoner as to matter of Fact Lord Ch. Just Yes and 't is alwayes done to take notes for him and to help his memory Mr. Ser. Jefferies But my Lord I would acquaint your Lordship what is the thing we find in this Case Here is a particular Note given into the Prisoner of the Jury pray be sure to challenge such and such and don 't challenge the rest God-forbid but his memory should be help'd in matters of Fact as is usual in these Cases but no Instructions ought to be given him sure And My Lord the Example will go a great way and therefore we are in your Lordships directions about this matter Fitz-Harris My Lord I hope 't is but just for I have had all the disadvantages in the World I have been kept cloâ—e Prisoner and have not been permitted to have any one come to me to help me in my preparation for my Tryal Mr. Att. Gen. My Lord I pray your Judgment in point of Law I doubt not you will do the King right as well as the Prisoner I could not get a Copy of the Pannel till last night about 4 a Clock â—ere is prepared a Copy with crosses and marks who he should challenge and who not and truly My Lord since I had the Pannel upon looking over it I do find the Sheriff hath returned three Anabaptist Preachers and I know not how many Fanaticks and since there are such Practices as we find in this Case we doubt there may be more and therefore I pray she may be removed Mrs. Fitz-Harris I will not be removed Fitz-Harris Is it fit or reasonable for me that I should stand here without any help Mr. Att. Gen. In case you be Guilty of this you deserve no great favour Mrs. Fitz-Harris Surely the Court will never suffer the Kings Council to take away a mans life at this rate Lord Ch. Just Mrs. Fitz-Harris You must give good words And if you will not be modest and civil I promise you we will remove you presently Mrs. Fitz-Harris If you do remove me that is the worst you can do to me what should I come here for without I may help my Husband Lord Ch. Just If she do bring hâ—m instructions to except against such and such Jury men she does misbehave
Crown Henry Beiling Mr. Att. Gen. Are you a Free-holder Sir Mr. Beiling Yes Mr. Fitz-Harris Then I challenge him Cl. of Crown Benjamin Denis Mr. Att. Gen. Is he a Free-holder Mr. Denis No. Mr. Att. Gen. My Lord you â—â—e what praâ—â—ices here are most of the Jury are no Free-holders Cl. of Crown John Preâ—â—on did not appear John Viner of White-Chappel Mr. Att. Gen. He hath fetch'd them from all the Corners of the Town here yet not all of them Free-holders neither Cl. of Crown Swear Mr. Viner which was done William Withers was Sworn William Cleave Sworn Thomas Goff Sworn Abrahaâ— Graves Mr. Att. Gen. Ask him is he a Free-holder Mr. Graves No. Cl. of Crown Henry Jones Mr. Att. Gen. Is he a Free-holder Mr. Jones No. Cl. of Crown Ralpâ— Farr Mr. Att. Gen. Ask him the same Question Cryer Are you a Free-holder Sir Mr. Faâ—r Yes Cl. of Crown Then swear him which was done Samuel Freebody Mr. Att. Gen. Are you a Free-holder Sir Freebody Yes Mr. Att. Gen. Then Swear him which was done Cl. of Crown Gilbert Vrwin of Covent-Garden did not appear Edward Watts of Westmiâ—ster Mr. Att. Gen. Are you a Free-holder Sir Watts Yes Mr. Att. Gen. Then we challenge you for the King Mr. Att. Gen. John Bradsâ—aw of Holborn did not appear Isaac Heath of Wapping no Free-holder Edward Hutchins of Westmiâ—sâ—er Mr. Att. Gen. We challenge him for the King Cl. of Crown John Loâ—kier of Westminster Mr. Att. Gen. Are you a Free-holder Mr. Lockier Yes Mr. Att. Gen. Then Swear him Cl. of Crown Count these Thomas Johnson Cryer One c. The Names of the 12 Sworn are these Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viâ—er William Withers William Cleave Thomas Goâ—â—e Ralph Farr Samuel Freebody and John Lockier Cl of Crown Edward Fitz-Harris hold up thy hand Gentlemen you that are Sworn look upon the Prisoner and hearken to his Charge Fitz-Harris My Lord I humbly begg â—en Ink and Paper Lord Ch. Just Let him have Pen Ink and Paper Cl. of Crown You shall have them presently which were given him HE stands Indicted by the name of Edward Fitz-Harris late of the Parish of St. Martin in the Fields in the County of Middlesex Gent. for that he as a false Traitor against the most Illustrious and most excellent Prince our Soveraign Lord Charles the Second by the grace of God King of England Scotland France and Ireland his natural Lord not having the fear of God in his Heart nor weighing the duty of his Allegiance but being moved and seduced by the Instigation of the Devil the Love and true due and natural obedience which a true and Faithful Subject of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and with all his might intending the Peace and common Tranquility within this Kingdom of England to disturb and wâ—r and Rebellion against our said Soveraign Lord the King to stir up and move and the Government of our said Soveraign Lord the King within this Kingdom of England to subvert and our said Soveraign Lord the King from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to depose and deprive and our said Soveraign Lord the King to death and final Destruction to bring and put the 22. day of February in the 33. Year of the Reign of our Soveraign Lord Charles the Second now King of England c. and divers other days and times as well before as after at the Parish of St. Martin in the Fields in the County of Middlesex Traiterously did compass imagin and intend the killing Death and final Destructon of our said Soveraign Lord the King and the Ancient Government of this his Kingdom to change and alter and wholly to subvert and him our said Soveraign Lord the King that now is from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to depose and deprive and War and Rebellion against our said Soveraign Lord the King to stir up and Levy within this Kingdom of England And his said wicked Treasons and Traiterous Compassings Imaginations and purposes aforesaid to fulfil and perfect he the said Edward Fitz-Harris as a false Traitor together with one Emund Everard a Subject of our said Soveraign Lord the King did then and there Traiterously assemble himself meet and consult and thesame his Treasons and Traiterous Compassings Imaginations and purposes thenand there to the said Edmund Everard in the hearing of diverse other Subjects of our said Soveraign Lord the King openly Maliciously Traiterously and advisedly speaking did publish and declare and to perswade and induce the said Edmund Everard to be aiding and assisting in his said Traiterous Compassings Imaginations and purposes he the said Edward Fitz-Harris as a false Traitor Maliciously advisedly and Traiterously to the said Edmund Everard a great Reward then and there did offer and promise to procure and for the further Compleating of his Treasons aforesaid and to incite the Subjects of our said Soveraign Lord the King as one man to rise and open Rebellion and Insurrection within this Kingdom of England to raise against our said Soveraign Lord the King and our said Soveraign Lord the King from the Title Honour and Regal name of the Imperial Crown of his Kingdom of England to cast down and depose he the said Edward Fitz-Harris as a false Traitor a certain most wicked and Traiterous Libel the Title of which is in these English words following The true English man speaking plain English Traiterously Maliciously and advisedly in writing to be made and expressed did then and there cause procure and publish In which said Libel the said most wicked Treasons and Traiterous Compassings Imaginations and purposes aforesaid of him the said Edward Fitz-Harris to excite and perswade the Subjects of our said Soveraign Lord the King of this Kingdom of England against our said Soveraign Lord the King to rise and Rebel and our said Soveraign Lord the King from the Style Honour and Regal name of the Imperial Crown of this his Kingdom of England to deprive and depose in writing are expressed and declared amongst other things as followeth If James meaning James Duke of York the Brother of our said Soveraign Lord the King be Conscious and Guilty Ch s meaning Charles the second now King of England is so too believe me meaning himself the said Edward Fitz-Harris both these meaning our said Soveraign Lord the King and the said James Duke of York are Brethren in Iniquity they meaning our said Soveraign Lord the King and James Duke of York are in confederacy with Pope and French to introduce Popery and Arbitrary Government as their actions meaning the actions of our said Soveraign Lord the King and James Duke of York demonstrate The Parliaments Magna Charta and Liberty of the Subject are as Heavy Yokes they
'd as willingly cast off for to make themselves meaning our said Soveraign Lord the King and the said Duke of York as absolute as their Brother of France And if this can be proved to be their aim meaning our said Soveraign Lord the King and the aforesaid Duke of York and main endeavour why should not every true Britain be a Quaker thus far and let the English spirit be up and move us meaning the Subjects of our said Soveraign Lord the King of this Kingdom of England all as one Man to self Defence Nay and if need be to open action and fling off these intolerable Riders meaning our said Soveraign Lord the King and the said Duke of York And in another place in the said most wicked Traiterous Libâ—l were contained amongst other things these false Seditioâ—s and Traiterous sentences in these English words following J and C. meaning the said Charles our Soveraign Lord the King and his said Brother James Duke of York both Brethren in Iniquity corrupt both in Root and â—ranch as you meaning the subjects of our said Soveraign Lord the King have seen they meaning our said Soveraign Lord the King and the said Duke of York study but to enslave you meaning the Subjects of our said Soveraign Lord the King to a Romish and French-like Yoke Is it not plain Have you meaning the Subjects of our said Soveraign Lord the King not Eyes sense or Feeling Where is that old English Noble Spirit Are you meaning the Subjects of our said Soveraign Lord the King become French Asses to suffer any load to be laid upon you And if you meaning the Subjects of our said Soveraign Lord the King can get no Remedy from this next Parliament as certainly you meaning again the Subjects of our said Soveraign Lord the King will not and that the K. meaning our said Soveraign Lord the King that now is repents not complies not with their advice then up all meaning the Subjects of our said Soveraign Lord the King as one man O brave English men Look to your own defence ere it be too late rouze up your Spirits And in another place in the said most wicked and Traiterous Libel are contained amongst other things these false Seditious and Traitâ—rous sentences in these English words following to wit I. meaning himself the said Edward Fitz-Harris will only add that as it is the undoubted right of Parliaments to make a Law against a Popish Successor who would prove destructive to our Laws and Liberties so it is their undoubted Right to dethrone any Possessor that follows evil ounsellors to the Destruction of our Government Meaning the Government of this Kingdom of England And in another place in the said Traiterous Libel are contained these English words following Then let all meaning the Subjects of our said Soveraign Lord the Kâ—ng that now is be ready then let the City of London stand by the Parliament with offers of any money for the maintaining of their Liberties and Religion in any extream way if Parliamentary Courses be not complied with by the King meaning our said Soveraign Lord the King against the Duty of his Allegiance and against the Peace of our said Soveraign Lord the King his Crown and Dignity c. And against the form of the Statute in this Case made and provided upon this Indictment Upon this Indictment he hath been arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are c. Cryer make proclamation O yes if any one will give Evidence c. Mr. Heath May it please your Lordship and you Gentlemen of the Jury this is an Indictment of High-Treason against Edward Fitz-Harris the Prisoner at the Barr and the Indictment sets forth that the 21. of February in the 33 Year of the King at St. Martins in the Fields he did Compass and Imagin the death of the King and to raise War and Rebellion within the Kingdom And the Indictment does set forth that for the Accomplishment of this he did meet and assemble with one Edmund Everard and several others and did discover this his Traiterous purpose to the said Everard and did perswade him to aid and assist therein and offered him great rewards if he would so do It further sets forth That for the further perfecting of this Treasonable Imagination of the said Edward Fitz-Harris he did frame and make a Treasonable Libel and the Title of the Libel is The true English-man speaking plain English and in that Treasonable Libel are these Treasonable words contained If James be Guilty meaning the Duke of York Charles meaning the King is so too c. And the several words that have been read to you in this Indictment are contained in the said Libel which I shall not repeat To this Indictment he hath pleaded Not Guilty if we prove it upon him you are to find him Guilty Mr. Ser. Maynard May it please your Lordship truly 't is a sad thing to consider how many have been found Guilty of Plotting against the King but none have gone so far as the Prisoner at the Barr for they designed only his Death but this Person would have carried on his Treasons by a means to Slander him while he was alive and thereby to excite the people to such a Rebellion as you have heard I shall add no further words the thing is not aggravatable 't is so great an offence in it self but we will call our Witnesses and go to our proof Mr. Attorney General My Lord Yesterday you had here the Primate of Ireland who was found Guilty for a Notable High-Treason in Ireland you have now this day before you one of his Emissaries who is come over into England and who has here committed one of the most execrable Treasons that ever was brought into a Court of Justice I must needs say that it will appear to all the Auditors this day that here is the Highest improvement of the Popish Plot and aggravated with such Circumstances as shew they have out done themselves in it Hitherto those Cases that have been brought into judgment before you have been the attempts upon the Life of the King in Instances either of Shooting Stabbing or Poysoning I say hitherto they have gone no further than to Practise these things and that by Popish hands they have kept the Plot amongst themselves but now they have gone one Step further that is by attemping to Poyson all the Protestants of England as much as in them â—yes that they should by their own hands destroy one another and their Lawful Prince that is the Treason now before you and I take it with submission they can go no further For 't is impossible to arise to a Higher pâ—ece of malice and Villany than to set the pâ—oples Hearts against their Prince and to set them together by the Eares one against another This we shall prove in the Course of our Evidence to be the
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
related mueh to his Majesties Person and Government and the King did say in as much as he made great Protestations of his Zeal for his Service he did Countenance and give him some Money I know nothing more Mr. Att. Gen. Did the King ever declare that he saw Fitz-Harris in his Life or that he ever was in his Presence Mr. Sheriff Yes Mr. Att. Gen. Ay but before his appearing at the Council Table did the King ever say he saw him or before he was Arrested for this Fact Mr. Sheriff Yes his Majesty was pleased to say about three Months before he came to him and pretended he would discover a great Plot to him L. C. J. Have you any other Questions to ask Mr. Sheriff Fitz-Harris No. Where is Colonel Mansel Dr. Oates My Lord I desire that if the Prisoner have any more Questions to ask me he may do it because the Croud is great and I would go out Fitz Harris Sir I have many more Questions to ask you I desire you would please to stay L. C. Just You must stay if he have any more Questions to ask you Here is Col. Mansel what say you to him Fitz Harris Col. What did you hear Sir William Waller say after this Discovery was made Col. Mansel That which I heard Sir William Waller say was this I had occasion to speak with Sir James Hayes and enquiring for him I found he was at the Dog Tavern so I went up and found in the Company Sir William Waller and another Gentleman one Mr. Hunt and some more After the rest of the Company were gone and only Sir James Hayes Mr. Hunt my self and Sir William Waller left Sir William was giving an account of this Business and said The King when I had acquainted him with it told me I had done him the greatest piece of Service that ever I had done him in my life and gave me a great many Thanks But I was no sooner gone from thence but two worthy Gentlemen gave me an account that the King said I had broken all his Measures and he would have me taken off one way or another Fitz Harris Did he say any thing that it was a Design to put the Libel upon the Protestant Lords and the House of Commons Col. Mansel There was that said L. C. Just What was said don 't come with your imperfect Discourses here but if you give Evidence tell what was said Col. Mansell Sir William Waller said That the Design was against the Protestant Lords and the Protestant Party Mr. Serj. Maynard I do not doubt that it was against the Protestant Party Mr. Attorn Gen. Recollect your self Was it against the Protestant Lords or the Protestant Party Col. Mansell He said the Protestant Party Mr. Attorn Gen. So say We. Fitz Harris Did he not say it was another Sham Plot Sir against the Phanaticks and the House of Commons Where is Mr. Hunt Mr. Hunt appeared Mr. Hunt What would you have with me Mr. Fitz Harris I never had any conversation with you in my life Fitz Harris No Sir But what have you heard Sir William Waller say concerning my Business Mr. Hunt My Lord I would rather I had lost my hearing for that time than have heard it to repeat it Sir William Waller did tell me at the Dog Tavern where was Sir James Hayes and Col. Mansell by after he had read over the Libel to us there was a great deal of Company more but he only gave us the curiosity to see what the Libel was And when he had read it he did tell us That the King gave him particular Thanks for that good service he had done him in detecting Fitz Harris but he said he was told by two Gentlemen that had heard the King speak it who were of undoubted credit That the King was in an extream passion bestowed many hard Names on him and said He would give any thing in the World to take him out of the World that he was an insufferable vexation to him and that he had broken all his Measures And he said the same things again in the presence of Sir Philip Harcourt and my Lord Radnor's Son Mr. Roberts at Capt. Hall's Chamber in Pembrook College in Oxon. Mr. Attorn Gen. What did he say about the Prisoner Mr. Hunt This was about the Libel of Fitz Harris that the King gave him particular Thanks about that Business and afterwards the King did exprâ—ss great passion in some short time after he was gone and he did say he was informed by two Witnesses that heard the King say it He knew not what to do with him he broke all his Measures Fitz Harris Did he not say this was a Design against the Protestants Mr. Hunt He did say it was a Design to contrive these Papers into the hands of People to make them Evidences of Rebellion and that was his apprehension of the thing And he said further for I am a Witness here and must speak all my knowledg that he had another Plot which he had traced near to a full discovery a more horrid Plot than this or Dangerfield's for he said this was the Counter-part of Dangerfield's Plot. I hope he will not deny it if he be asked here he is and upon his Oath I am not and I desire not to take credit unsworn but am willing to give my Testimony on Oath Fitz Harris Where is Dr. Cary Mr. Sheriff Cornish Dr. Cary is not well my Lord and can't come Fitz Harris Then Mr. Sheriff Bethell Dr. Oates My Lord I pray I may be discharged L. Ch. Just Doctor we have nothing to say to you but the Prisoner hath more Questions to ask you 'T is not we that detain you but you stay upon the Prisoner's account Fitz Harris Mr. Sheriff Bethell desires to know what you can say concerning Mr. Everard Mr. Sheriff Bethell My Lord I know nothing of Mr. Everard as to this Business save that he told me he writ the Libel himself And I confess my Lord further that before ever he knew my face or before ever he heard me speak a word in his days he put in an Information of Treason against me at the instigation of one that is known to be my mortal Enemy and it was so groundless that tho' it was three Years ago given in yet I never heard a word of it till Friday last I can bring Witnesses of this persons that sent the notice of it to me Fitz Harris Pray call Mrs. Wall Who came down from her Seat Fitz Harris Mrs. Wall Pray will you tell the Court have not I conveyed some Libels and Treasonable Papers to the King by your means and received Mony upon that account Mrs. Wall Not as I know of Fitz Harris Did not you receive some of them from me to give to the King Mrs. Wall No indeed not I. Fitz Harris Is the Footman here that was by when you paid me the Mony Mrs. Wall Yes and the Porter too tho' you have
not Subpoena'd them Fitz Harris How long ago is that Mrs. Wall Two Years ago Fitz Harris Was it not about Christmass last was twelve month I gave you the Libel about the King and your Lady and the King thanked me extreamly and I had 250 l. given me Come Mrs. Wall don't think to trick me out of my Life in the Case for I will not be tricked so Pray tell the Court Can you deny that I had the 250 l speak Mrs. Wall had I 250 l Mrs. Wall That was not the Question you asked me at first Fitz Harris But speak had I it Mrs. Wall There was 250 l. I think it was 200 or 150 or 250 l Fitz Harris What use was it for and upon what account Mrs. Wall You do know it was not for any Libel Fitz Harris If you have any mind tell it Mrs. Wall There it is Delivering in a Paper to be read Cl. of Cr. The humble Petition of Edward Fitz-harris Mrs. Wall I really took him for as honest a Man as ever I knew in my life and had it been in my power to have done him a kindness I should not have failed to have done it Mr. Attorn Gen. Was he your Countryman Madam Mrs. Wall Yes he is and my Relation too I knew you to be the Son of a very suffering Loyal Family and while his Mother was in Town he came often to our House and when she went away he left visiting the House a great while And you Mr. Fitz-harris did once tell me You could bring in People to the King's Interest that were very considerable So I spoke to the Secretary of State about you that there was one that had been with me and told me that he could bring in those to the King and Duke's Interest that were very considerable The Secretary of State desired me to know who they were and then he named to me one Thomas Merrey and another Person who I desire to be excused from naming The other Party he did name was thought considerable both for Quality and Understanding And the Secretary desired me to get him in if I could Mr. Attorn Gen. Pray Madam who was it Mrs. Wall I desire Mr. Fitz-harris may tell you Fitz Harris No Mrs. Wall pray do you tell it since you have spoke of it Mrs. Wall I say nothing but what I will take my Oath of Fitz Harris Then you will never swear that which is true Pray Mrs. Wall speak who was it Mrs. Wall I desire I may not name him but he may Mr. Attorn Gen. He will not Mrs. Wall Truly I do not think it convenient for me to name such Persons as those are upon such accounts Fitz-Harris Pray Mrs. Wall name the Person that I would have brought into the King's Service Mrs. Wall If the Court commands me I will otherwise I will not Fitz-Harris Did you ever upon any such account as this receive any Mony for me speak the truth Mrs. Wall God forbid your Blood should lie at my door I assure you I should be sorry for it He told me these Persons were considerable for the King's Interest and could do him extraordinary good Service So as I said I spoke to the Secretary of State and he would know who they were And when he was told who they were as for one of them Thomas Merrey he was not thought worth the looking after for he was thought an inconsiderable Rascal but as for the other Gentleman he was thought a Man of Worth and a Person that if he would could really serve the King Upon this when you first came I was never at rest for you and therefore after a while before you came again I gave the Porter order to tell you I was not at home and I desire the Porter may be asked the Question But when I next saw the Secretary I desired that he would give them a positive Answer one way or the other and the next time I saw you this was your Business and I told the Secretary of Sate of it You gave me this Paper and desired me to sollicit for your Quit-Rent in Ireland for you were in great misery and had been a great Sufferer So I spoke to the Dutchess of Portsmouth and she spoke to the Secretary of State that if this Man be so considerable a sufferer 't is convenient to give him something for his encouragement and if you will give him something said I give it him quickly I was 4 if not 6 months a getting this mony Fitz-Harris But will you say it was upon that account When was that mony paid Mrs. Wall I never thought I should be brought in for a Witness or that you would have abused me thus for my kindness Fitz-Harris When were those Papers given you that you produced Mrs. Wall I wish I may never see the Face of God if I know any more than what I give Evidence there are the Papers they will tell you the time Fitz-Harris Did I give them you Mrs. Wall You or your Wife did and I suppose your Wife's condition was yours Fitz-Harris Was not the mony received before ever those Papers were given you Mrs. Wall Nay Mr. Fitz-harris I will tell you more send to Mr. Henry Guy and let him tell you when he paid it you Fitz-Harris Call the Porter and the Footman if he be here L. Ch. Just If you will ask any more Questions of Mrs. VVall do Fitz-H Did not I come to you the Wednesday before I was taken and told you I desired to speak with the King and that I had a Libel to present to him Mrs. VVall. No so far from that that it was the Thursday before you were taken you came about nine a Clock at Night to our Lodgings and sent up to my Chamber and I sent word that Mr. Cowling was there for I did not care to see you but you sent word up you had something of Consequence to tell me So I came down and you desired me to bring you to the speech of the King which was a thing you did never desire before And you said thus If you did but see the King you believed you could say somthing to him that might do him service Fitz-Harris Did not I say here is the Libel that I come to deliver to the King now Mrs. VVall. No as I have a Soul to be saved Fitz-Harris Mrs. VVall I did and this was what you said at the same time That since my Lord Sunderland was gone you could have no secret Service I did desire to speak with the King privately those were my words and you told me you could not so easily do business with the King since my Lord Sunderland's time L. Ch. Just We must not let you hold a Dialogue between your selves you must speak that the Court may hear Mr. Attorn Gen. Was not he a Roman Catholick Mr. VVall. Yes we looked upon him so and upon that account we said it was dangerous for him to go
near the King Mr. Attorn Gen. Did you know that ever he was admitted to the King Mrs. VVall. Never but he hath been talking with me in a Room as the King passed by Mr. Attorn Gen. Did the King ever take any notice of him speak to him Mrs. VVall. The King never took notice of him nor spoke with him by my means nor gave him mony other than what I speak of nor the Dutch of Portsmouth L. Ch. Just Look you Mrs. VVall I think you do say that there was some mony paid to Mr. Fitz-harris pray speak plain upon what account was it paid Mrs. VVall. My Lord it was for the bringing of my Lord Howard of Escrick who is there since you press me to it I must tell I think my Lord will not deny it Lord Howard I will never deny the Truth Fitz-Harris Where was my Lord Howard of Escrick Mrs. VVall. He was not so much for the King's Interest or that which they call the King's Interest Fitz-Harris How long is this since Mrs. VVall. Two Years ago since he came first to me but whether it be a Year and an half since my Lord met with the King I cannot tell Fitz-Harris When my Lord was admitted in to the King I did wait on him to that purpose to bring in my Lord Howard Mrs. VVall. I desire that my Lord Howard may be asked whether he don't remember when the King was coming Mr. Fitz-harris was put out of the Room first Fitz-Harris You say I never shewed any Libel to the King Mrs. VVall. I tell you what I said since to this Gentleman that is here I wish you shad shewn the Libel unto me that I might have been in a capacity of saving your Life Fitz-Harris You said that I had the 250 l. for bringing in my Lord Howard Mrs. VVall. I say it was upon promise to bring in Persons that would be useful and serviceable to the King L. Ch. Just She is your own Witness and she tells you two Persons you did undertake to bring in and for that you had this Mony Mrs. VVall. It was his Poverty and this together Mr. Serj. Jefferies Mrs. VVall I conceive he never discovered this Libel unto you but pray did he ever discourse with you about Everard and what Character did he give him Mrs. Wall Once he did and he said he was an honest Man and asked me if I would be acquainted with him I told him No for he had a knavish Reputation he was an Informer and I cared for no Informers Fitz-Harris Mrs. Wall to let the World see how you shuffle about me When did the King see my Lord Howard first when I brought him Mrs. Wall I don't know ask my Lord Howard Fitz-Harris Did not I speak to the King in the outer Room and did not you get me to make a stand there Mrs. Wall Mr. Fitz-harris don't make me tell that thing Fitz-Harris Pray speak the Truth Mrs. Wall Mrs. Wall I defie you and all Mankind to say I do otherwise You did desire me to tell the Duke that you would first bring my Lord to him and then to the King and I spoke to the Duke and he said you were a Rascal and he would not meddle with you this you know Fitz-Harris Did not my Lady Portsmouth tell me the Duke was angry c Mrs. Wall Mr. Fitz-harris when you came to me upon such an Errand was it reasonable that I should bring you upon every trifle to the speech of the King and I should not bring you then 't is without sense and reason L. Ch. Just You must not ask Questions but Answer And Mr. Fitz-harris do you design to detect Mrs. Wall of Falshood she is your own Witness you consider not you can get nothing by that Fitz-Harris My Lord when you see the Papers produced you will find it is upon another account Mrs. Wall Is this your hand Mr. Fitz-harris Shewing him a Paper Fitz-Harris But is not this upon the account of a Pension granted in Ireland Pray let the Gentlemen of the Jury see this is of another different nature I appeal to my Lord Howard of Escrick whether he did not speak to my Lady about it Lord Howard I did so Mrs. Wall My Lord did second my Lady to get you some Charity Fitz-Harris So that the mony received here was plainly upon another account L. Ch. Just Look you if you will have any Papers read they shall be read But the Gentlemen of the Jury must not see any Papers but what are read Then the Petition of Mrs Fitz-harris and the King's Letter to the Duke of Ormond was read about a Pension in Ireland Fitz-Harris My Lord if you please I have something further to say to Mrs. Wall But I desire to ask Mr. Cowling a Question and that is Sir What Mrs. Wall said to you about my Business Mr. Cowling My Lord I think the day after this Man was examined in the Council I came to Mrs. Wall and she told me That the sâ—cond or third night before he was taken he came to her to bring him to the King but she sent down stairs that she would not let him come up But asked him why he did not go to one of the Secretaries of State No said he I can't go thither wiâ—hout being taken notice of but I 'le tell you my Business No said she if you will write down your Business and give it me in a Paper I will carry it to the King and if the King have a mind to speak with you you shall be sent for No said he I will not do that Then said she I must bâ—g your pardon if I don't bring you to the King And Mrs. Wall said further to me truly her Blood did chill when she said so for she was afraid he was come to do the King a mischief Mr. Attorn General This was three or four nights before he was taken Fitz-Harris Is Sir Robert Thomas here He did not appear Then I desire my Lord Howard to stand up Lord Howard Have you any thing to say to me Mr. Fitz-harris Fitz-Harris Yes my Lord if you please My Lord I desire your Lordship will please to tell what my Lady Portsmouth did express to you concerning me at your coming thither and whether I did not introduce your Lordship and how civil she was to me upon that account and how she undertook to get my Quit-Rent for me Lord Howard Sir I shall answer as particularly as I can all your Questions but it will be necessary to introduce my Evidence with the Relation of the whole Transaction You know about October last about the beginning of the month for it was as I take it ten days or a fortnight before the â—itting down of the Parliament You did make Applications to me in the Name of the King whether with or without his privity I cannot say but you did make several invitations to me of putting my self into the possession of an Honour
I was altogether unworthy of of waiting upon the King I gave you my Reasons why I thought my self unfit for that Honour because I was not in any capacity of doing the King any Service And I looked upon the King as a Person too Sacred and whose Time was too precious to be trifled away upon one that had nothing to offer to Him and therefore I refused it But notwithstanding this was reinforced by you and when I still persisted in the denial of that which was an Honour I ought rather to have sought but only because I thought my self uncapable of deserving it After several Applications I did at last tell you besides the impertinency of it I did also apprehend it might be the occasion of some indecency for perhaps I might thereby put my self upon dâ—claring my self in some of my Sentiments very much differing from those of his Majesty And for me to seek an opportunity to express my Contrariâ—ty to his Majesty's Thoughts would be both rudeness and imprudence and therefore I did then ultimately answer you I would by no means be prevailed with Then you did lower it and said It should suffice if I would wait upon the Dutchesâ— of Portsmouth Truly I told you as to that too you did me a great Honour and greater than I could expect for I had nothing I was afraid worthy her trouble and therefore I desired to know what it might mean In short you did resolve it into this That you did find the King under great appâ—ehension that there was something deep in the Hearts of some that stood at a distance from his Majesty and opposite to his Interest and that the Parliament stood at an irreconcileable difference with the King Truly said I I am a Pâ—rson not â—it to speak in the Name of a Parliament for in a little time they will speak for themselves but if I were to speak or should presume to speak in the Name of the Parliament or the whole Nation I should say I believed the King would find his Parliament meeting him with as great Affection Duty and Loyalty as any Parliament ever met any King of England You said Then you were confident and you cited her Grace the Dutchess of Pâ—rtsmouth for it that the King came to meet them with inclinations to gratify them in any thing they could dâ—sire Then said I to what end need I come there for the Parliament will speak its own Sense speedily Pray do me that kindness as to go and satisfie the Dutchess of Portsmouth and to let her know she may now have an opportunity of declaring how willing she is to be a good Instrument between the King and his People Said you I can assure you that she is altogether for the same Interest that you look towards for you are very much mistaken if you think she is a Friend to the Duke of York My Lord in short after much intreaty I did give my self that honour which I have no cause to repent or be ashamed of to go to Whitehall humbly to kiss my Lady Dutchess's hand and receive her Commands But when I came there I was surprized with a greater Honour of finding the King there and I think it was an opportunity wherein my time was not ill spent as to my self but I am afraid this 250 l. if it were given for the bringing me thither his Majesty doth not think he hath deserved it at this time Fitz-Harris Your Lordship came there in October last Lord Howard Because I will do you all the right I can it was as I take it the beginning of October and about the 10 th because the Parliament sat down the 23 d and as I remember it was a fortnight before This was the first time that I owe you thanks for the honour of seeing the King After that a matter of ten days I had a second opportunity and by your means also This was the last time I had the honour to seâ— the King but in publick After this I must confess when the Parliament was ended I did then willingly enough invite my self to the honour of waiting upon the Dutchess and give her thanks and tell her I was sensible she had endeavoured as much as in her lay to perswade the King into a good Opinion of the Parliament and to give them time of Sitting and thereby to give them opportunity of explaining their Intentions for his Service and Advantage This was also the last time I had the honour of seeing her At last parting from her I did make it my humble request to her that she would be pleased to represent your Condition to the King since by your means I had the honour to be shewed the way to her Graces Lodgings Fitz-Harris My Lord did not I come to you with a Message the night before my Lord Stafford was condemned Lord Howard You say right and it was in my thoughts and yet I thought it too tender a thing to speak of and therefore I thought it so because I must confess at that time you must excuse me I did believe you did not come with that Authority you pretended to make use of After the time that unfortunate Lord had had his Trial and the House were preparing their thoughts for the sentence I was indisposed and came not to the House that day which provoked the House so much that they were near committing me to the Tower but truly I was so ill in Body and had so little a mind to have my Vote mixed with his Blood that perhaps I should have run the hazard of going to the Tower about it if that had been all But the night before you came to me and told me as a great Secret That you did bring it as the desire of the King and as that which he would take as a great instance of my resignation to his Will and Pleasure and that for which I might promise my self all the greatest kindnesses possible for a Prince to shew to his Subjects if I would go the next day and give my Vote for my Lord Stafford Sir said I I have all the Obligations of Nature and Blood to dispose me as much as can be to favour my Lord Stafford as far as can consist with the integrity and sincerity of a Judg but though I was wavering in my own Thoughts the day before now by the Grace of God I will go though I be carried on Mens backs to the House Now I see there is so great an account put upon it for I see 't is the Concerns not only of my Lord Stafford but the Protestant Cause and then said I If all the Relations I have were melted down into my Lord Stafford if I had but breath enough to pronounce his Doom he shall die Mr. Attorn Gen. My Lord says he did not think you came from the King when you came with that Message Lord Howard Sir can I do you any more Service I shall be willing to do
it if I can I cannot deny but I had by your means the honour of waiting upon the King and the Dutchess but I have so little reason to value my own worth that I cannot imagine how it should turn to the King's Service Dr. Oates My Lord I desire to have liberty of going away the Croud is so great I cannot stand and the Prisoner hath nothing to say to me Mr. Attorn Gen. My Lord that may be part of the Popish Plot to keep Dr. Oates here to kill him in the Crowd Fitz-Harris Have not you something more to say Doctor truly I forget my memory is so distracted Dr. Oates I know not if you have any Questions to ask me I will speak Truth But he had none so the Doctor went away Mrs. Fitz-harris Call Mr. Fanshaw who did not appear Fitz-Harris My Lady Dutchess of Portsmouth Mrs. Wall She is not come because the Court is very full but if the Court will send for her she will come presently Fitz-Harris My Lord I beg that my Lady Dutchess of Portsmouth may be sent for Mrs. Wall She gave me Commission to say If the Court would have her to come she would so do L. Ch. Just We cannot send for her if she please to come so we have no occasion to send for her Mrs. Wall I presume he can't ask her no Questions but what I can answer L. Ch. Just We will not prejudice the Prisoner in his Questions nor send for her unless she will come Fitz-Harris Will you send one of your Footmen Mrs. Wall I am a Prisoner and have no Body to send In the mean time where is the Porter Mrs. Wall Here he is Fitz-Harris How long is it since you paid the mony to me from my Lady Portsmouth Porter I cannot tell indeed 't is so long since Fitz-Harris Let him have his Oath L. Ch. Just No that he can't have Fitz-Harris Was it not Christmass last was twelve month Porter I can't indeed tell what time it was Fitz-Harris You dare not speak the Truth Mr. Just Dolâ—en You disparage your own Witnesses Mr. Serj. Jefferies He hath no Witnesses can say any thing for him and therefore he must find fault with what they say L. Ch. Just Have you any other Witnesses Mr. Fitz-harris Fitz-Harris Yes my Lord my Lord of Arran L. Ch. Just What say you to my Lord Fitz-H Did not my Wife shew you this Libel the Sunday that I was taken E. of Arran I do not remember I ever heard it till I heard it read in the House Fitz-Harris Did you not read it my Lord E. of Arran No not that I remember Fitz-Harris Did not I tell you I was carrying it to the King E. of Arran Not that I know of Fitz-Harris Was it not a dispute whether this was Treason or not E. of Arran You did shew me a Libel but whether this or no I cannot say perhaps it was this I took him for an honest Man my Lord I have known him five Years and knew his Family to be a good Family I happened to be at Dinner with him the day he was taken After Dinner there were some Papers he pulled out and I threw them away I told you you would do your self a mischief some time or other in medling with such Papers There we drank a Bottle or two of Wine together and then we parted As soon as I came home I heard this Gentleman was seized on and taken which surprized me much And this is all the account I can give of the Matter Fitz-Harris Then your Lordship did not read the Paper E. of Arran No indeed not I. Fitz-Harris Did not I tell you I had a promise of a Quit-Rent for Secret-Service E. of Arran I do not know particularly what he told me of the Quit-Rent buâ— I was willing to do him all the good I could about a Reversion of a Pension that he had in the Right of his Wife that was part of my Business that day and thinking he very well deserved it I am very sorry to see that his Fathers Son as the Phrase is in Ireland should be accused of such a Crime Mr. Attorn Gen. My Lord before you go I desire to ask you one Question Did you observe ever that he was employed by the French King or the French Ambassador's Confessor E. of Arran No my Lord never as I heard of He used to speak as honestly as any Man I thought him of the best and loyallest Principles of any of his Religion Mr. Serj. Jefferies What Religion did you take him to be of E. of Arran He always owned himself a Papist and he and I have had some Disputes about it Fitz-Harris Mr. Secretary Jenkins I desire to know of your Honour what the King said of me Mr. Sec. Jenkins I remember the King did conjure him to declare who the Author of the Libel was Fitz-Harris You are a Man of Honour Sir Did not the King own he had employed me Mr. Sec. Jenkins I never remember the King did own he had made use of him by Mrs. Wall 's means or otherwise Fitz-Harris My Lord Conway don't you remember it E. of Conway No not upon my Honour But I have heard him say He did formerly imploy you in some trifling Things Fitz-Harris Did not the King declare in Council that I had gotten Mony of him E. of Conway That was for my Lord Howard of Escrick's Business Mr. Serj. Jefferies Now your Lorship is here I would ask you Did you ever hear the King declare when he first spoke with the King E. of Conway The King never spoke with him till after he was taken he was taken the 27 th of February and the King never spoke with him till the 28 th the day after Fitz-Harris Did not you tell me if the King did put himself upon the Parliament they would use him as his Father was used Mrs. Wall I never told you any such thing You promised me to bring in my Lord Howard of Escrick but they found themselves mightily mistaken in what was promised he would do when he came in L. Ch. Just Why Mr. Fitz-harris you cast any thing upon any Body to make a noise Fitz-Harris Where is Mr. Peacock Mrs. Fitz Harris I would know of her what Mr. Bulstrode said L Ch. Just That every Body may see you are fairly dealt with you shall have all the liberty that can be given You must not ask what another said but call them themselves to say what they know Here is Mr. Bulstrode himself Fitz-Harris Mr. Bulstrode then What Message did you bring from the King to my Wife Mr. Bulstrode No Message at all but I 'le tell you what I know Mrs. Fitz-Harris soon after her Husband came to be close confined delivered a Petition to the King in the Park and the King was pleased to give it to me as he frequently does Mrs. Fitz-harris came to me to tell her what the King said to it Said I the
King hath given me no commands at all in it but this Carry it to the Secretary of State for I cannot say any thing to it For the King generally tells me what he will have done with such a Petition But she was so very importunate I asked the King again Sir said I Mrs. Fitz-harris is very importunate what is Your Majesty's Pleasure in it Said the King If she have a mind to Petition the Council she may I will neither meddle nor make with it Afterwards I met her several times and she said her Husband was very severely and hardly used and she was denied the liberty of coming to him Said I I hear he is guilty of a very foul Thing and there is no way to help him but by discovering the Author of that villanous Libel For she asked me what I thought of her Husband and she told me she intended to try what she could do for him I said there was no way to do any good but to make a full discovery of the Author Then said she if the King would but let me speak with him I am sure I could do him service and prevail with him to discover the Author So I told the King of it and the King said If she will come and be examined with all my Heart And as soon as ever I heard she was come to Town I told her what the King said And she told me she would willingly come and if the King would give her leave to speak with her Husband she did not doubt to prevail with him That night about midnight after I was in Bed and had been in Bed two hours she came to my door and knocked me up So I rose and put on my Night-gown and went down and I heard a Voice which I thought was hers So she came out of the Coach to me and told me said she I am come to you to beg of you that you would be secret and not to let the Court know that I was to come to have any Conference with you for if you do I am undone and ruined for there are some Persons my Friends that will not look upon me if they hear any such thing The next morning I went to her and told her the King had directed she should be examined in the Afternoon and she should come down to be examined Which she did and as soon as the Council was up I told his Majesty she was below So he ordered some to examine her but when I told her of it said she If the King will not speak alone with me I will not speak a word nor be examined This is the truth of it I assure you my Lord upon my Salvation Fitz-Harris Where is Mr. Peacock Mrs. Fitz-Harris What did Mr. Bulstrode say to me L. Ch. Just Look you Mrs. Fitz-harris and you Gentlewoman you must not be heard to talk of Discourses amongst your selves and to examine what discourse passed between Person and Person up and down that is not to be permitted in a Court the Witness is here ask him himself What hath been said to her will be no Evidence Mrs. Fitz-Harris What offer did you make me Mr. Bulstrode None I told you this would be the way to ruin your Husband Fitz-Harris My Lord I beg of you may not I ask what he did say L. Ch. Just. No 't is no Evidence Fitz-Harris Then call Mr. Henry Killigrew But he not appearing the Prisoner would have asked what he had been heard to say but it was not permitted Mrs. Wall Here is the Footman Richard Perrot Fitz-Harris How long ago is it since you brought the Mony to me from my Lady Portsmouth Perrot I never brought any Fitz-Harris Was it not he brought the Mony Mrs. Wall Ask him Fitz-Harris Was my Lord Howard ever at your House before October last Perrot I do not know L. Ch. Just What use do you make of that Fitz-Harris Pray my Lord when did you go to my Lady Dutchesses's Was it before October last Lord Howard I think not I take it as near as I can it was just before the Session of Parliament Fitz-Harris It was ten days before the Session Then my Lady Dutchess of Portsmouth appeared and a Chair was set for her Fitz-Harris I am sorry to see your Grace come here upon any such account but I hope your Grace will excuse me 't is for my Life I desire to know of your Grace Whether I was not employed to bring several Papers to the King and among the rest the Impeachment against your Grace And thereupon your Grace was pleased to tell me That it was a great piece of Service to bring those sort of Papers and if I could find out Men serviceable for that purpose I should do the King good Service I told your Grace I knew one Master Everard who knew all the Intrigues and all the Clubs in the City and could tell all the desings of my Lord of Shaftsbury and all that Party And your Grace did encourage me to go on and I did by your Grace's Direction and by your means I came to speak with the King about it Lady-Dutchess When must I speak Sir George Jefferies Now Madam And will you Grace now be pleased to stand up Lady-Dutchess I have nothing at all to say to Mr. Fitz-Harris nor was concerned in any sort of business with him All I have to say is He desired me to give a Petition to the King to get his Estate in Ireland and I did three or four times speak to the King about it But I have not any thing else to say to him I never spoke to him about any thing else Fitz-Harris Does not your Grace remember what Directions I received about my Lord Howard Lady Dutchess I know nothing of that I sent you not to my Lord Howard L. C. Just If you will ask any Questions of my Lady do but do not make any long discourses Fitz-Harris My Lord my Lady may forget Madam does not your Grace remember you undertook upon the account of those Papers I conveyed that you would procure me my Quit-Rent Lady Dutchess I never had any Papers Fitz Harris Not that Paper of the Impeachment against your Grace Lady Dutchess No. Fitz-Harris Upon what account then had I the Mony I received Lady Dutchess For Charity Fitz-Harris I am sorry your Grace is so much under Mrs. Wall 's influence Lady Dutchess I come not here to wrangle with you Mr. Fitz-Harris I am come here to say what I know and will not say one bit more Fitz-H Have I had any Money of your Grace since you knew my L. Howard Lady Dutchess You never had but that for Charity Fitz Harris When did your Grace ask it for me Lady Dutchess I do not remember the Time Mr. Fitz-Harris if I had any thing in the World to do you good I would do it but I have it not and so can't see that I am any ways more useful here Then her Grace
went away L. C. J. Mr. Fitzharris have you any more Witnesses that you would have called Fitzharris No my Lord. Mr. Serj. Maynard Will you apply them you have called L. C. J. Well have you any thing further to say Fitzharris Yes my Lord I have something further to offer for my self I will tell you what I know since my Witnesses will not do me justice Gentlemen of the Jurie you are my Judges in point of Law as well as Fact and my Bloud will be required at your hands if you do not do me right My Lord I cannot forbear complaining to the Court of the hard usage I received in Prison contrary to the Statute of the 31th of his Majesties Reign greater oppression hath been done to me than to any before my Lord Stafford Sir Thomas Gascoign and others had all the libertie they could desire to enable them to make their defence against their Trial which I have had denied me But my defence consists of two heads and I shall relie upon the Consciences of the Jurie for the issue though my Lady Portsmouth and Mrs. Wall and the rest are pleased to say that I was not employed nor received money for secret services yet 't is very well known I did so As to Mr. Everard when I met with him though now he hath made it a French storie yet if he would tell the truth he knows that it was otherwise he told me he was well acquainted with my Lord of Shaftsbury and my Lord Howard and in several Clubs of the Citie he knew all their Intrigues and that Speech that went by the name of my Lord Shaftsbury's my Lord gave it him before it was printed and he several other things of that kind So then I told him it was a business of the greatest consequence that could be if he would continue those Discoveries And whereas he says I would betray the People to the French Interest it is very well known I was always an Enemie to the French Interest but I humoured him in his discourse and discoursed him to reduce the Paper that he accuses me of under some heads and that Paper I no sooner had but I came to Whitehal with it And though he said he was to have fortie Guinnies and so said Sir William Waller too yet it was onely fortie shillings that he desired for his povertie I would lend him And as to what he talks of three thousand Crowns Pension it is a very unlikely business When I came to Whitehal I was advised to go to my Lord Clarendon or Mr. Hide Accordingly I did shew it to a Gentleman who was to give it to my Lord Clarendon but before he could get to him I was taken Now my Lord I hope what I did was with a designe to serve the King in discovering what was designed against him according as I was employed though both the Secretaries are so unkind as not to declare it when I know I am in the right I am not ashamed to speak it though my life be losed upon it and I refer it to the Gentlemen of the Jurie I was taken before I could come to the speech of my Lord Clarendon Next I hope Gentlemen of the Jurie you will consider these are great Persons that I have to do with and where great State-matters are at the bottom it is hard to make them tell any thing but what is for their advantage and so I am left in a sad condition But my Lord in the next place I think 't is impossible for any Jurie to find me guiltie without prejudging of those Laws which are not to be judged by any Jurie or inferiour Court for if they judge me and bring me in guiltie 't is murder in them and let the Bench tell them what they will 't is of that dangâ—rous consequence that it overthrows the Government My Lord here is the Impeachment of the House of Commons and here is a Copie of the Votes of the Commons thereupon and though they be not Laws yet they are such Declarations of the Parliament as that afterwards no other Court ought to meddle with that matter and the inferiour Courts do not use to meddle with Parliament-matters and so Gentlemen you will lay at your own doors what would lie at theirs if you meddled not For though the Court have over-ruled my Plea yet the matter is plain before you now who are my Judges and my Bloud will lie at your doors and you must answer it if you do me not justice And there is no insufficiencie of a Plea as to matter of Law will excuse you in point of Fact and you are obliged as you will answer the contrarie to God and your Consciences to do me right And I hope your Lordship and the Jurie will take particular notice of this I have been a close Prisoner and had no manner of help nothing at all allowed me to refresh my memorie which if I had had means to do as I ought I could say a great deal more But this I insist upon If the Gentlemen of the Jurie do bring me in guiltie and convict me they do shed my Bloud and overthrow the Law and course of Parliaments Whereas if they bring me in not guiltie my Impeachment â—â—ands good still and I am liable to answer that Impeachment before the Parliament and I hope you will consider the persons I have had to deal with and that it cannot be made so plain as in matters wherein we deal with common persons I submit to what you shall think fit L. C. J. You have done Mr. Fitzharris Fitzharris My Lord I have done onely I would examine one Gentleman if he were here but he does not appear But here 's a Copie of the Impeachment and Votes of the House of Commons I desire I may deliver them to the Jury L. C. J. No no that can't be Fitzharris Sir William Waller does declare upon Oath That for this very thing I was impeached by the House of Commons and that I desire them to take notice of Mr. Serj. Jefferies Therefore you are not guilty Is that the consequence Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury you have heard our Evidence and what the Prisoner hath said The Crime for which he is accused that is High-Treason and 't is Treason in conspiring the death of the King in endeavouring to raise Rebellion here and that in order to destroy the King and the Liberty of all the People and bring them under the slavery of the King of France This is the Treason he was indicted for and the proof of this Treason is very full it is proved to you by three positive Witnesses and all men of credit of whom you cannot have the least suspition They prove to you that Mr. Fitz-harris is the man guilty of this Treason he was the contriver of it he was the mover of it first to Mr. Everard and he gave him those
instructions to pursue those purposes of raising a Rebellion here in order to destroy the King by contriving a seditious Pamphlet to set the people together by the ears and he came to him in order to perfect this Libel This is proved by Everard who upon the first motion of it to him did acquaint Mr. Smith immediately and Sir William Waller that such a design was on foot and desired them to come and be Witnesses of it They both came and heard the communication between the Prisoner and Mr. Everard to contrive such a Libel as hath been opened to you and they swear it positively Now what defence does the Prisoner make to it Truely I cannot say whether it have more of folly or impudence in it for 't is a defence of a strange nature for it is inconsistent with it self and shews what a make he is of and the latter part is a pursuing the same Treason he stands indicted for which is the rendring the King odious to his people by those insinuations that he did this by the Kings order The first part of his Defence is I am not guilty for Mr. Everard is the man that did contrive it and he is the Author and it moves from him Now pray consider the parts of your Evidence and see if there be any possibilitie for you to be induced to believe any thing like it 'T is proved by Mr. Everard positively that he came to him first and when you consider this Objection that is made by Mr. Fitz-harris and consider on the other side who were the Witnesses and who is the man that makes the Objection you will then see no cause in the world for you to give any credit to it The Prisoner says he was trepan'd into it for that pray consider he is an Irish Papist one that hath all along made it his business to defame the proceedings about the Popish Plot to ridicule it to deny that there was ever any such thing and to laugh at the Justice that was executed upon the Popish Offenders who died for the Plot. The Witnesses that prove it against him have been zealous prosecutors of the Plot men that have discovered many of those who were guilty of it and brought them to Justice men that have been material Evidences upon the discoverie Mr. Smith is a man that spoke materially in the Trial of my Lord Stafford and for which service I believe the Papists and Mr. Fitz-harris himself owe him little thanks As for Sir William Waller all men know how busie and active he hath been to bring in men that were guilty of the Plot and he hath suffered for it Now if you can believe that Mr. Smith and Sir William Waller should be guilty of a Trepan that was to be put upon Fitz-harris a man of that perswasion you hear of and you must believe that or you cannot believe the defence the Prisoner makes I leave it to you Mr. Everard could do nothing alone why then Sir William Waller must be guilty of this contrivance and of setting of Fitz-harris on work and Everard too But this is so unlikely a storie that if there were any to assert any such thing you could not possibly give any credit to it But when you consider what hath been proved and what hath been shewed you under the hand of Fitz-harris himself then there is no room I am sure to doubt They do positively swear both Smith and Sir William Waller they heard him own that he had given instructions to Everard They prove to you that he mended this Libel in several places they not coming up to the Instructions he had before given They prove part of the Libel written with his own hand and that is Treason enough for that is certainly Treason That 't is the undoubted right of the people to dethrone the King I never heard of that doctrine any where but among the Papists and 't is a Papist that preaches that Doctrine to you now As this is an Evidence in a matter beyond any contradiction in the world his own hand-writing of part and his owning the giving the Instructions so there is no room in the world for you to believe that ever he was drawn into this by Everard or that he was the man that was the original Contriver of it and trepan'd him into it But it appears plainly upon the proof that it moved originally from Fitz-harris that it was the malice of his heart that promoted it and that the contrivance was how to raise a Rebellion here For when he had read part of the Libel and Everard told him that it was Treason why said he I meant it so and the more Treason the better the more odious you make the King to be the more likely 't is to raise the people into a Rebellion and the sooner you raise the people into a Rebellion the more like you are to accomplish the design of bringing the people into slavery to the French King and so at once to destroy all Libertie and Propertie and all that is sacred No body can believe but Mr. Fitz-harris is guilty of this Libel and Contrivance to dethrone the King and raise a Rebellion here as the Witnesses have sworn Now as you cannot possibly doubt but this moves from Mr. Fitz harris so then consider the inconsistencie of the second part of his Defence and the impudency of it too For as before he pretended he was drawn into it by Mr. Everard so now he would make you believe he did not do it out of a traiterous designe for that he was employed about these affairs and this comes under the Title of Secret Service and he would fain have it that you should believe the King should hire him to raise a Rebellion against himself to defame himself and to incense the minds of the people against him And this must be the service that he is put upon he had no traiterous intent in himself but he was to trepan all the Lords that stood zealously up for the Protestant Religion and Property and that by direction from whom from the King whom Fitz-harris would have all people to believe to be a Papist and he would have people believe that he is an innocent man that he was onely employed upon such a special piece of service that the King should be at great pains to employ Mr. Fitz-harris to destroy himself and the whole Nation and to stain his whole Family and upon what reasons would he have you to belive it As first you observed how inconsistent it is with the former part of his defence that he was trepann'd into it now he did not do it from Mr. Everard nor with a treasonable intention But certainly this is a Treason that nothing can be said to palliate or excuse and I am sure he hath said nothing will do it Yet all the defence he hath made has tended that way for though he have not arrived to the confidence to say such a
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
men of understanding at all Mr. Johnson My Lord 't is our unhappiness to come before you under these circumstances We have understood there is a Vote of the Commons of England in Parliament that says this man shall not be tried in any inferiour Court now we take our selves to be the Judges of this man in part under your Lordship's directions Mr. Serj. Maynard You are not Judges of it you are onely to trie the fact Mr. Johnson I onely offer my sense and if the other Gentlemen think otherwise they will speak it I think the office of a Juror is such that it is within his power to acquit or condemn according to the Evidence as it lies within his own Conscience Now if we should acquit this man we have no assurance we shall acquit him onely suppose it then there is nothing against him but what lies in a Parliamentary way and we shall forejudge their Cause Therefore I say I do not know how far by Law we are compellable to give a Verdict in this Case upon him L. C. J. Look you Gentlemen we would consult your satisfaction as much as we can in all things and 't is reasonable that if you have any doubts you should propose them to us and to that purpose we are to give you satisfaction and will in all things I must tell you as to the Jurisdiction of the Court that is not at all before you and as to the Vote of the House of Commons alleadged by him if any such there be that cannot alter the Laws of the Land nor justifie any of us in departing from our duties no more than if a Letter or Mandate should be gained from the Prince or chief Magistrate of this Kingdom to any of us in derogation of Justice as it 's possible by surprize to be we are to take notice of the one no more than the other We are upon our Oaths to do Justice according to the Laws of the Land You likewise are upon your Oaths and sworn to do Justice in your Sphere and your Oath is That you shall enquire truly whether he be guilty or not and if he be guilty in your Judgments you can no more spare him than you can condemn an innocent person It never was pretended by any man nor will it be asserted by anâ— man that understands himself or the constitution of the Government of this Kingdom that a Vote of the House of Commons can change the Law of the Land It cannot excuse us if we deny to try a man that is brought before us nor will it excuse you being under an Oath justly to try him If you should because the â—ommons House have voted that he shall not be tried declare that man innocent who in your own Judgement you believe to be nocent You nor we are not to consider what will be the consequence of this if this man be acquitted or condemned that is not before us You and we too are tyed precisely to the Laws of the Land and by that Law must this man be judged As to our parts we must do it as to the Law and you as to the Fact But I 'll tell you further Gentlemen this doubt was moved to us by the Grand Jury before the Bill was found we had an intimation that they would move such a doubt to us as seems to be your doubt now Therefore for their satisfaction and the taking away any scruple that might be in the case all the Judges of England did meet together and seriously debate the matter and substance of all this and it was not our Opinion of this Court onely but the Opinion of all the Judges of England That we had a Jurisdiction to try this man This we have told you because we would satisfie all men to go on fairly in the things that are before them Therefore that being put out of the case you must consider of your Verdict and give it in upon this Tryal Mr. Johnson We do not doubt my Lord but your Opinion in this case will indempnifie us from any future Charge by the Commons of England But it lies before us to consider what we are bound to do in the case Mr. Just Jones Gentlemen I suppose you do not doubt but we are all of the same Opinion It is no marvel indeed to hear a man that stands in Fitzharris's place to object any thing that may cast a mist before your eyes And yet it cannot but be wondered at too that when three Protestant Witnesses have sworn precisely he should have the confidence to urge any thing of this nature he whâ— appears by the Indictment it self and the proofs made upon the â—â—dictment to have endeavoured to destroy all the Laws of England all Magna Charta all our Liberty and our Religion and to inslave us to the King of France for that appears plaâ—nly the design if you have any credit to the Witnesses that are produced He that would have pulled down all that is sacred amongst us is so zealous for the Authority of the House of Commons We have all of us a great reverence for the House of Commons and for their Opinions but as my Lord hath told you so I tell you my Opinion That a Vote of the House of Commons does not in the least sort alter the Law for indeed if it did it were to give a Legislative power to the Commons which does onely belong to the King the House of Lords and the Commons together And Gentlemen though Mr. Fitzharris says If he be acquitted here by you yet he should remain to be questioned again in Parliament there is no man in the world can doubt if he were acquitted here and were questioned in Parliament but he would say He hath been upon his legal Tryal by his Peers and that he hath been acquitted by his Peers upon solemn Evidence But Gentlemen you are to consider what is your business Your Office is to be Jurors not to be Judges you are not to take upon you any such Authority Your Commission is your Oath and by that Oath you are sworn to inquire whether the Prisoner be guilty as he is indicted or not If you as English-men can say he is not guilty let it lie upon your Consciences and the danger of the King's Bloud and Life be upon you Mr. Just Dolben Gentlemen I desire to speak one word to you to let you know I am of the same Opinion with my Lord and with my Brother and I cannot but wonder at you for making this scruple for if there were any thing in what you have said it concerns us that are Judges and not you at all for 't is a matter of Jurisdiction and whether we have a Jurisdiction or not we must satisfie our selves that we have a Commission to do it it concerns not you Do you but consider the Oath you have taken That you will well and truly trie and true deliverance make betwixt our Soveraign Lord the
King and the Prisoner at the Bar according to your Evidence And you have sworn a true Verdict to give upon it and do you now scruple whether you should give any Verdict or no when but even now you have sworn you will give a Verdict If any such thing as this had been in your heads for it might be then in your heads as well as now why did not you speak of it before you took your Oath You now lie under the obligation of an Oath to give a Verdict according to your Evidence and would you acquit him against such an Evidence as hath been given For besides what Sir William Waller Smith and Everard have deposed the very Note sworn by Sir Philip Lloyd and Mr. Bridgman to be owned by Fitzharris as his hand contains Treason enough in it if there were no more Therefore there must be something more in it than for the sake of such an unreasonable scruple Mr Just Raymond I am of the same opinion truly Mr. Johnson My Lord I took the liberty to speak it now I could not speak it before for I was not then to inquire what I was to be sworn to nor could I know what would be the matter that would come before us till we were sworn Therefore I humbly beg your pardon that I made the Motion L. C. J. We are not at all troubled at any thing you have said do not mistake us we do not take it ill from you that you acquaint us with your Scruples We are ready to give all satisfaction we can to any that are concerned before us therefore we are no way troubled that you made any such Scruple but have given you a fair Answer to it Mr. Johnson My Lord I desire a Note of the Names of the Jury L. C. J. Give it him Mr. Astrey or else the Croud is so great he may not know them Then the Jury withdrew for half an hour and at their return being called over and appearing the Clerk took the Verdict Cl. of Cr. Edward Fitzharris hold up thy hand which he did Look upon the Prisoner How say you is he Guilty of the High-Treason whereof he stands indicted or Not guilty Foreman Guilty c. L. C. J. I think you have found a very good Verdict and upon very full and strong Evidence Mr. Soll. Gen. Will your Lordship please to give Judgment L. C. J. We will take time for that Mr. Soll. Gen. Will you give a Rule to have him brought up to morrow L. C. J. Move us another day for it Fitzharris My Lord I hope I may have the liberty of my Wife and some Friends now to come to me L. C. J. Any Friend I think may come to you but Mr. Fitzharris you must be modest in the using that liberty we give you You have heretofore abused your liberty I do not love to exasperate things to one in your circumstances but you must be prudent and careful knowing your own condition that you do nothing prejudicial to the King or Kingdom Upon Wednesday June 15. 1681. Edward Fitzharris was brought to the Bar of the Court of Kings bench to receive his sentence Mr. Att. Gen. My Lord I humbly pray your Judgment against Mr Fitzharris who is convicted of High-Treason Silence proclaimed during Judgment Cl. of Cr. Edward Fitzharris hold up thy hand Thou hast been indicted and arraigned of High-Treason and hast thereunto pleaded Not guilty and for thy Trial put thy self upon God and thy Countrie and thy Countrie have found thee guiltie What 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
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
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.
little while and they took their Oaths every one round to keep secret the Plot to destroy the Protestant Religion and the Protestants that they might have their Estates again And he said they did not need to fear for said he you have a very good man to assist you and that is the Lord Oliver Plunket and you need not fear but it will go through all Ireland Mr. Att. Gen. Will you ask him any questions Plunket Why did he not discover it before Mr. Serj. Jefferies Were you a Roman-Catholick at that time N. O Neal. Yes and am so still Mr. Paget Jury-man I desire he may be asked how he came to be there L. C. J. You say I think this was at Vicar-general Bradey's how came you to be there N. O Neal. I was there several times before that for my Nurse or my Foster-mother I don't know which you may understand best was House-keeper to him L. C. J. Were you required to take the Oath N. O Neal. No my Lord I was acquainted in the House I had been there two or three weeks before Plunket Why did not you tell it to some Justice of the peace L. C. J. He was a Papist and so he is now N. O Neal. There were many there that were wiser than I that did not discover it L. C. J. How old are you N. O Neal. I believe about two and twentie years old L. C. J. And this was but in 78. Mr. Att. Gen. Swear Owen Murfey which was done Come what say you O. Murfey Mr. Edmond Murfey discovered the Plot he went to one Lieutenant Baker and did discover the Plot to him that there was a designe to bring in the French L. C. J. Speak out aloud I can't hear you O. Murfey All I know is from Mr. Edmond Murfey L. C. J. What do you know of any your own knowledge O. Murfey Mr. Lieutenant Baker told me that he did hear of the French L. C. J. Speak what you know your self O. Murfey If it please your Lordship this is more I saw that Evidence that Edmond Murfey did produce in Ireland when he was sent to the Goal there but without Trial or any thing Mr. Att. Gen. Then swear Hugh Duffy which was done Speak aloud and tell my Lord what you know of this Plot and the Prisoner You know the Prisoner don't you Duffy I know him yes I know him well enough L. C. J. What say you more of him Duffy My Lord I say I have seen this Dr. Oliver Plunket raising several sums of money to carrie on this Plot sometimes 10 s. per An. sometimes 20. Mr. Soll. Gen. Of whom Duffy Of all the Priests in Ireland of every Priest according to his Pension and Parish L. C. J. In all Ireland Duffy Yes L. C. J. And towards the proceedings of the Plot Duffy It was to give to his Agent which was at Rome and for the carrying on the business Mr. Att. Gen. How come you to know this Duffy I was Servant to Dr. Duffy who was infinitely beloved by this man he was Father Confessor to the Queen of Spain there was nothing that happen'd between them but I was by all the time L. C. J. Were you Chaplain to him Duffy Yes L. C. J. You are a Papist then Duffy Yes Mr. Att. Gen. This man is a Friar my Lord. L. C. J. Were you in the Companie with them Duffy Yes I was L. C. J. What did pass there Duffy About the Plot how they could confirm the Plot And this man Plunket said he could prevail with the King of France and the other with the King of Spain Mr. Att. Gen. Pray acquaint my Lord particularly when this was and in what place and what they said Duffy It was in 73 74 and 75 at his own house and at he kept three or four Jesuits there and a matter of a hundred Priests Mr. Att. Gen. What passed in the companie L. C. J. Who else was there Duffy The discourse my Lord was always about the Plot how they could contrive the matter between them and so they did conclude afterwards to raise so much money upon several Priests all the Priests in Ireland sometimes 20 s. sometimes 40. L. C. J. A piece do you mean Duffy Yes Mr. Att. Gen. What discourse had they about the French at any time Duffy Yes a hundred times he talked several times that he did not question but he should prevail with the King of France not to invade Spain And I have seen his Letter to Cardinal Bouillon to expostulate with him about the King of France why he should wage War with the King of Spain who was a Catholick but rather should come and redeem Ireland out of its Heretical Jurisdiction Mr. Att. Gen. Did you see the Letter Duffy Yes Mr. Att. Gen. Why do you know his hand Duffy Yes I know it as well as I know my own I know it if there were a thousand papers together Mr. Att. Gen. And what was the import of it pray Duffy That Cardinal Bouillon should prevail with the King of France not to invade Spain and the contents of the rest of the Letter were That he did admire he should not rather wage War with the King of England who hath been an Apostate and help their poor Country that was daily tormented with heretical Jurâ—sdiction Mr. Att. Gen. How came you to be in France were you employed Duffy I went to France to live there in a Covent Plunket Did Cardinal Bouillon shew you my Letter Duffy Yes Plunket What year Duffy 77. Mr. Att. Gen. Pray Sir you were speaking of raising of money Duffy Yes Mr. Att. Gen. Did you see any Precept about it Duffy Yes I have seen several Precepts I was Curate to one Father Murfey and while that man was with Dr. Oliver Plunket and other Jesuits I did officiate in his place and he sent his Letters to me to raise 40 s. and 20 s. a time several times L. C. J. You your self Duffy Yes Mr. Att. Gen. What for Duffy It was to send to Dr. who was at Rome Mr. Att. Gen. Did you send any money that you know of Duffy Yes Mr. Att. Gen. Tell what time you gave the money your self Duffy In 73 74 and 75. Mr. Att. Gen. Where Duffy At his own dwelling-place at Mr. Just Jones Of what qualitie was the Prisoner amongst you Duffy He was Primate of all Ireland Mr. Just Jones Under whom Duffy Under whom under the Pope Mr. Just Jones How do you know he was so Duffy We had it in his Writings L. C. J. Did he stile himself so in his Letters Duffy Yes if he writ but to the least man in the Country he would write Oliver us Armacanus Primas totius Hiberniae L. C. J. And so you always understood him Duffy Yes Mr. Att. Gen. Were you present at any of the general Consultations or Meetings Duffy Yes I was Mr. Att. Gen. What number might meet at that time Duffy Five hundred
for my own good but for the publick good of the Catholicks Well said I 't is well Then does he commend me into the Parish of where this Mr. Murfey here was to put in a Bull that I had from my Lord Primate which Bull was brought here last year and there he profered me high Promotions if I would further such things and solicite such Gentlemen as I knew would be private in such a business such as were old Commanders among my Friends and Relations Shortly after this I saw Plunket and Bishop Tyrrel and Captain Con O Neale practising to bring Soldiers ready for Ireland assoon as they could get opportunity This Captain Con O Neale coming to the place where we kept our Priory and he and his Brothers were Sons to General O Neale And there Captain Con comes in the Night time and lodges with us and discoursed with his Brother and I because I was his Companion beyond Sea about these matters That he expected my Lord Primate and Bishop Tyrrels coming thither that Night to make some proposals about the Church and other Affairs After 10 a Clock or thereabouts my Lord Primate and Bishop Tyrrel came with others in their Company and there they and Father O Neale did consult amongst themselves that they should send Captain Con to France and to Barcellona with such and such Instruments and sending those Instruments away Captain Con departs the Countrey and goes for France soon after and speedily my Lord Primate undertook that he and Bishop Tyrrel should view Munster and Vlster and other parts of Ireland to see how affairs stood Soon after my Lord Primate calls a General Provincial Council and sends out his Orders to levy such and such Taxes and Subsidies and Warrants to all the Parish Priests that they should give them new Lists to know whether the Numbers they had sent to Rome before would comply with that List And then O Neale went to view the Forts of Charlemont and Dun-Gannon whilest those Lords did collect the money the Orders I have seen with my own proper Eyes and his own man confessed before the Council in Ireland that my Lord gave them under his hand Mr. Serj. Jefferies What year was this Moyer It was in 76 to the best of my remembrance L. C. Just Look you Sir was this at a Provincial meeting Moyer Yes my Lord a General National Councel to send over Instruments to tell them that they were ready to assist any Forreign Army that should help on the design L. C. Just And to raise money Moyer Yes my Lord. Mr. Just Dolben Have you paid him any money Moyer I was exempted my self but I have seen others Mr. Just Dolben How many Moyer I believe 30. Mr. Just. Dolben It was not then a secret thing then but openly done by them Moyer Yes I saw them when they came with orders there were 4 Priests and they had a great Cloak-bag going with Orders up and down Mr. Serj. Jefferies Why were you exempted Moyer Because I am a Regular Priest Sir Fra. Wythins You say you saw the Orders for raising of money how do you know for what it was to be employed Moyer It was there specified down Plunket Can you shew any of the Orders Moyer I could not take them they did not concern me Sir Fra. Wythins How was it specified Moyer To Levy so much Money per Priest I cannot remember the particular Summ but that every Priest should give so much towards an Agent in Rome to Solicite their Business and forward it L. C. Just. What year was it Moyer 76. L. C. Just. Was any of the Money specified for raising an Army or bringing in the French Moyer It was both for the Agent and to summon a National Council to get things ready prepared to entertain and accept the French Army when it should come I am not so good in expressing my self in English L. C. Just. Your sense is good 't is no matter for your expression Mr. Jones What more do you know Moyer I know that he had the same Council and that they did agree upon the business and this I know by one Patrick Borne and I being willing that this wâ—cked Action should be hindred sent to the next Justice to discharge my self of it which Justice was as favourable to the business as my Lord himself was L. C. Just Will you ask him any Questions Mr. Plunket Plunket I desire to know when he left Ireland Moyer I cannot tell how to number the years but I think it was in 62 or 63 to the best of my remembrance it was 16 or 17 years ago Plunket When did you return Moyer I came back in 74 you know it my Lord. Plunket Very well when did you see the Letter with the young man in Caprennica Moyer In 72. Plunket How then did you know my hand which you had never seen Moyer I have seen it several times to several Instruments to Seignior and I have seen several other Letters of your hand Plunket How did you know my hand Moyer I cannot positively say I then knew your hand but according to relation I heard it from those Cardinals I conversed with at Rome L. C. Just But now you are acquainted with his hand is it the same hand which you have seen up and down in Writings with his name to Moyer Yes my Lord it is the very same hand Mr. Serj. Jefferies I ask you Sir when you came back again and told him you had seen such a Letter under his hand with O Neale did he own it to you Moyer Yes he did own it and that he did not do it for his own benefit but for the publick Mr. Serj. Jefferies Did he desire you to be secret Moyer Yes he did and to be discreet and he would see me highly promoted And my Lord you sent Proposals to me to give me 100 l. that I should not prosecute you according as they told me and they gave me one Guinny in hand for it L. C. Just. Some of it came to the hands of Murfey I believe Plunket My Lord I cannot say any thing to this my hands are tyed because my Witnesses are not here My Lord if I had my Witnesses and Records I did not care for all these Witnesses L. C. Just. But you know you had time to bring them Plunket My Lord I dâ—sire to know whether this be his hand shewing the Paper to Mr. Moyer Moyer Yes I believe it is Plunket I desire it may be read Moyer Yes I am very well satisfied it should Cl. of Cr. Reads For my very Reverend Father Anâ—bony Guardian of Armagh Your Letter and Citation 'T is dated in July 78. Plunket He can best read it himself Cl. of Cr. Read it right the Paper being delivered him Moyer My Lord I pity him with all my heart that a man of my own Function should be brought into Question for such things as these are he reads Very Reverend Father Guardian 't
be taken and Dun Gannon for another and that you did design the French Army to land at Carlingford and all that was with you tells the reason you gave why that should be the place that they might come up with a burdened Ship to the very Gates of the Town that you did in order to the entertaining these Forraign Forces raise Money That you did send out your Orders sub poena suspensâ—onâ—s to all that were of the Roman Clergy and that this Money was receivâ—d sâ—veral of them testified that they paid it to you and this man hath seen great nâ—mbers of persons pay money to you upon these accounts All these are Treason what say you to them It does import you to consider what Answer you can give Plunket My Lord first as to the first point I answer that I never receiv'd a Farthing of Money out of my own District and but for my own Livelâ—hood and that I can prove by those that have received it for me that I never received over threescore pound a year in my life unless some Gentleman would now and then give me 10 s. for my relief For my Lord this is the way in Ireland every Priest hath so many Families allotted to him and every Roman Catholick Family gives 2 s. a year as they that profess that way know and the Priests give me who am Superior over them in my own District some 20s some 30 s. and I never got so much in my life as to maintain a servant and this was attested before the Council in Ireland Mr. Just Dolb. Ay but the Witnesses say out of your own District you sent into another Bishops Diocess to Collect money Plunket My Lord I say I could never get so much as to keep a servant and till now I never got a farthing out of my own Diocess unless I have been called to an Arbitration or some such thing it may be for my Journey and expences 40 or 50 Miles they would give me something for my maintenance If you should find any thing else I will be contâ—nt to suffer and if my Evidence were brought from Ireland there is nothing but what would be made clear both under their own hands and by Records and that is all well known and was attested in his Presence before the Council in Ireland which threescore Pounds was a very small thing to maintain me I never had above one servant and the House I lived in was a little Thatched House wherein was only a little Room for a Library which was not 7 foot high where once this fellow came to affront me because I had hindred him from begging and that 's for thâ— money For the Men I defie any one that ever see me make a List of Men in my life or can produce any List made by my order I was never in my lâ—â—e at Kingsale at Corke at Dun-Gannon at Lymrick c. or those parts of Munster which were the chief Ports where the French should come in and not in Carlingford which is the narrow Seas in Vlster which any one that knows the World will judg to be a very improper place for the French to land in 'T is all one as to say that the French should come in at a poor place where they could get nothing it being at the Narrow-Seas and they never saw me there in their Lives L. Ch. Just Yes one does say he was with you Plunket Well one does say he saw me there but if I had my Witnesses here I could prove he was a Fryer and declared an Apostate by his own Prâ—vincial as this Gentleman is and because I hindred them to beg in my Districts therefore they have this Malice against me that is all Well my Lord that is for that I was never in my life in Connaght And they cannot say I took any List in Vlster nor was 12 Miles in Munster in my life But thus my Lord Sometimes there would be as our way is so many Families assigned to every Priest and this is the plain truth this Priest perhaps complains to me of the Inequality my Companion near me hath 150 and I have but Threescore which I must rectifie though I never knew â—ut one of these Complaints And if I had my Witnesses from Ireland and the Records I would defie all these Witnesses together For my sending to Rome I had never an Agent in Rome for these seven years past because I was not able to maintain him and indeed it was a great shame to us because there is never a Community of Fryers that hath a Colledg beyond Sea but hath some Agent at Rome L. Ch. Just 'T is a shame to have one there not to want one Mr. Just Dolb. Well if you have Witnesses I cannot tell what to say Plunket If I had gotten but to the latter end of the Term I had defied them altogether And your Lordship should have seen under their own hands what they were L. Ch. Just You forget this all this while your own Letter wherein this matter is that you had â—earched the Towns and considered it Mr. Att. Gen. He does deny there was such a Letter he does not own there was such a Letter Plunket I my Lord I never did write such a Letter And that young man that he speaks of I could prove if I had my Witnesses that he never was in any service or Company in Ireland nor writ any Letters by him L. Ch. Just Did you never send any Letter by one O Neale Plunket No my Lord but he went over a begging Moyer This young mans Brother in Law will testifie that he was your Lordships Page Plunket I have 3 Witnesses that he came there begging naked and was Sick 3 Months and went over a begging and was at Rome as a stragler Moyer Call Hanlet who came in Sir Fran. Wyth Did you know Neale O Neale Hanlet Yes Sir Fran. Wyth Whose servant was he Hanlet My Lord Plunket sent him to Rome he was sent there with his Letters and I saw the young man and the Letters Mr. Jones Did he come a begging there Hanlet No. Plunket Where did you see him Hanlet At Mant. Plunket Where is that Hanlet In France Plunket And you saw him with my Letters Hanlet Yes Plunket And this man says the Letters were opened at Caprennica because he thought they were Letters of Recommendation Hanlet Why he went that way afterwards and they were not opened when I saw them Mr. Ser. Jeff. Did you know he was the Doctors Servant Hanlet Yes he was Plunkett Did you see him in my Service Hanlet I saw him in Mant. Mr. J. Dolben How do you know he was the Bishops Servant Hanlett Because he shew'd me his Letter L. C. J. Was he owned for his Servant and was he taken for his Servant Hanlett Yes Plunkett Did he go on Foot or on Horseback Hanlett He went on foot Plunkett He was in a poor Condition in a place not above
four Miles from Rome that I can prove L. C. J. Did he begg as he went Hanlett No. L. C. J. Mr. Plunkett if there is any Question you will ask of the Witnesses or if there be any Evidence you would give your self this is your time for the doing of it if not we must leave your Case to the Jury who have heard the Evidence all along Plunkett Only this my Lord your Lordships sees how I am dealth with First and foremost I have not time to bring my Witnesses or my Records which if I had I would not weigh one Farthing to leave my Cause with any Jury in the World Besides all this I am brought out of my own native Countrey where these men lived and I lived and where my Witnesses and Records are which would shew what these People are I sent by the Post and did all that I could and what can I say when I have not my Witnesses against these People they may swear any thing in the World you cannot but observe the Improbability of the thing in it self and unto what a Condition I am brought My Lord my Life is in imminent Danger because I am brought out of my own Country where these People would not be believed against me Mr. Sol. Gen. My Lord I think this matter lies in a narrow Compass the Evidence hath been long I would only repeat the short heads of that which hath been given at large He is Indicted for a Conspiracy to kill the King the Overt Act is an Endeavour to introduce a forreign Power into Ireland to raise an Army and levy War there and the Proof of it hath been very full The Proof in general that there was a Plot to introduce the French is plain by all the Witnesses and the Proof in particular upon this Person at the Barr hath been as plain as any thing can be They prove to your Lordship in general that there was an Expectation that the French should come in that there was an Invitation of Florence Wyer the first Witness to go over into France and speedily he should have a Command upon his return in Ireland that there were Preparations for this appears by the Oath of Secrecy given to several men Forty men that came along with Bishop Tyrrel to keep it private during their Lives and there was a farther Proof of that general Conspiracy by Duffy that when there was a general Meeting of so many thousand People for Confirmation there was by the Gentlemen at that Meeting a secret Consultation how to carry on the Design and how to list Men and to look out the old Officers in thâ— late Rebellion and to see what Posture they were in as to the management of this Design and this comes now particularly to the Prisoner who was by at this Consultation so the Witnesses do tell you But that that comes nearer to him is that he did issue out Orders for the raising of Money and that he did raise Money pursuant to those Orders and did receive Money for that very purpose this is proved by three Witnesses Duffy and Mac Legh who paid the Money and by Moyer the last Witness who saw him receive it from several Persons This is positive upon him nay they say farther that there was a List made of the several men in the several Parishes that were able to bear Arms upon occasion from sixteen to sixty and there was a List of a matter of threescore thousand men that were ready upon any Occasion to rise for the Purpose and this List was delivered over into the Hands of the Prisoner at the Barr. There is one Witness Duffy that saies farther that he saw a Letter under his Hand in France to the Cardinal Bouillon to invite the French King into Ireland and he did wonder that he should spend his Time and Blood in Wars against Spain which was a Roman Catholick and not come into Ireland to extirpate the Hereticks And this Letter is confirmed by another Letter which was seen by Moyer a Copy of which is produced which he translated from the Original in Latin and the Letter was sent to Rome by Neale O Neale whom the Prisoner saies he had no Concern for but to give him some Recommendations Plunkett I gave him no Recommendations L. C. J. No he saies he did not give him any nor sent any Letter by him Mr. Sol. Gen. Then he urged that he went along begging by the Way but 't is proved he was sent by him and sent with Letters and that by his Brother in Law who met him at Mants And 't is proved by Moyer who saw the Letter opened taking it to be but a common Letter of Recommendation he read the Letter and took a Copy of it and translated that Copy which Translation is enough to verify all the matter which the Witnesses have sworn for 't is agreeing to what he said to Cardinal Bouillon in his other Letter that it was more proper for the Catholick Princes to agree together to extirpate Heresy than to vary amongst themselves that now was the time for there were threescore thousand Men ready to rise upon such an Invasion This is the Substance of the Letter and this proves fully the Conspiracy this man was ingaged in his receiving Money his Listing Men and his Invitation of forreign Princes And this is fully proved Mr. Serj. Maynard And so his Viewing the Ports too Mr. Sol. Gen. It was likewise agreed that Carlingford should be the Port and 't is like enough to be the Port for 't is a very large Port that Ships of the greatest Burthen may come up to the Town and the Town it self but a weak Town This is the Substance of the Evidence and this is Proof enough we think to convict any Man of this Fact Mr. Serj. Jefferies My Lord I shall trouble you but with one word that hath been omitted I think 't is a Cause of great Example and that thing which the Prisoner seems to make his Excuse hath been answered by a Favor and Indulgence from the Court in a very extraordinary manner For in as much as this Gentleman would make it a very hard Case That he is brought out of his own Country and hath not his Witnesses it is very well known that by a particular Favor of the Court which is not usual in these Cases he had between five and six weeks time for preparation for his Tryal so that truly as to what does appear I think all the Witnesses that have been examined are Witnesses to be credited except you Gentlemen of your selves can convict upon your own Knowledge these Persons of any Misdemeanor which I think you cannot much less of Perjury But besides the Witnesses we have produced all which speak to the Plot in general and four of them fix it upon the Person at the Bar they speak particularly and every one agrees in Circumstances and that other that spoke mincingly I put it upon it
is the greatest Evidence that can be For that Person that could come before a Grand-Jury and there be the main Witness but when he comes here must be scru'd and pump'd to discover the seventy thousand men And I suppose you did observe how difficult it was to kno ' of him whether this Person was Primate of Ireland or whether it were from the Authority of the King or the Pope a very probable thing that he should be such a one as the King designed to be Primate and Superintendent of Ireland Further my Lord this I desire to take notice of too that Wyer the first Witness fixes four particular things upon the Prisoner at the Bar which have not yet been taken notice of First he fixes a Discourse with another Person that was Competitor with him for this very Office Bishop Duffy and he gives the Reason why he was admitted into the Office rather than the other because he was a man of greater Ability to carry on the Design and tho' he does not give you an account of the Design yet the rest of the Evidence do and make it to be the Design then carrying on Another thing is he tells you of the sending one into France that was to come back again in order to this Design I think his name was Mac Donnel and then the great Tory Flemming and he were to come back again Collonels in the Army that was to be raised The next Person that fixes it upon him is Mr. Han O Neal and he gives the plainest Circumstances That at a time in August when Bishop Tyrrell came to the House of one Bradey with so many men well equipped with such and such Arms and took the Oath of Secrecy he himself but not only he but the other Priest Mac Legh was present at the same time and took the said Oath and he does tell you that that very Priest was sent to Dublin to discover it at that very time and so he hath fixed the Person and Time and the Business they came about Then Mac Legh comes and tells you the same thing in every Circumstance ay but says the Prisoner at the Bar and he would make it to be a great Objection How chance that they have concealed this all the while and not discovered it to some Justice of the Peace Why says one I was under your Jurisdiction in that place that is the very Reason he gives wherefore he durst not and says another I was concerned and as earnest as the Prisoner or any body else but going into France I observed the slavery that all the Subjects were under under the Tyranny of that King and apprehending that the same King was to come into Ireland by the means of these Gentlemen I was concerned at it and had rather the Devil should reign over us than such an one and therefore I will discover it And he said very well I think that he had rather have the Devil to reign for it seems to be him or one in his shape that reigns after that manner And there are two Persons that swear to the vey year that they were obliged to raise the money and swear positively they saw his Orders Sub poena suspensioâ—is I do not know whether they mean hang'd or suspended from their Office But it seems it was so terrible that it made them pay twenty Shillings a piece for three years successively And there is another Gentleman that tells you that out of a small Living wherein he was concerned only as Curate to a third Person it had been paid two or three times and another tho' he was exempt himself from the payment yet so great a Confident was he of the Prisoner's at the Bar that he was present when he saw thirty or fourty pay this Tax and whereas the Prisoner at the Bar would make it thought a strange thing that he should raise so much money who had but an house seven foot high it seems there is above that thatched house a Chappel Plunkett There is no Chappel Sr. Geo. Jefferies But now my Lord that which substantially proves what these Witnesses say is the Letter that is sent to Rome to the Secratary of the College de propaganda Fide which is the last Letter that the last Gentleman speaks of wherein he does particularly take notice that he had taken care to raise such moneys and view all the Ports and Places of Strength And my Lord that which is a very great Circumstance to back the Evidence of the first Letter to the French Cardinal Bouillon which was taken notice of by the first Witness and there is such a passage in this too that the Catholick Princes should not spill one anothers blood when they might better employ it here in Ireland for the Propagation of the Faith this last Letter takes particular notice of that very instance 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 Plunkett 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 allute and intioe 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. J. Dolben How came you here to day Gormar I was summoned Mr. J. Dolben By whom Was it the Attorney General or Plunket that summoned you Gormar Here is the Summons Mr. Serj. Jefferies 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 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