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
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
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
Prisoner for a long time a year and an half in Prison when I came from Ireland hither I was told by persons of good repute and a Councellor at Law that I could not be tryed here and the reasons they gave me were that first the Statute of Hen. 8. and all other Statutâ—s made here were not received in Ireland unless there were an express mention made of Ireland in them So that none weâ—e received there but such as were before Poyning's Act. So I came with that perswasion that I could not be trâ—ed here till at my Arraignment your Lordships told me it was not so and that I must â—e Tried here though there was no express mention made of Ireland Now my Lord upon that whereas my Witnesses were in Ireland and I knew nothing of it and the Records upon which I very much relye were in Ireland your Lordship was pleased to give me time from the 4 th of the last Month to this day and in the mean time as your Lordship had the Affidavit here yesterday and as Captain Richardson can testifie I have not dispatched only One â—ut Two to Ireland into the Counties of Armagh Dublin c. and where there were Records very material to my defâ—nce but the Clerk of the Crown would not give me any Copy of any Record at-all unless he had some express Order from your Lordship So that whether it were that they were mistaken or wilfully refused I could not get the Records which were very material for me For in some of those Records some of those that accuse me were convicted of high Crimes and others were Outlawed and Imprisoned and broke Prison and there were other Records also of Excommunication against some of them and I could not get the Records unless your Lordship would instruct me in some way or other how I can get over them that are most material for my defence The Servants that I sent hâ—nce and took Shipping for Ireland were Two days at Seâ— and cast back again and from thence wâ—re forced to go to Holly head and from Holly-head in going to Dublin they were Thirtâ—â—â— or Fourteen days the Winds were so contraâ—y and then my Sâ—r â—nt went about to go into the County of Armagh and Derry that were a Hundred miles from Dublin and Meath and other places so that in so short a time my Lord it was morally impossible for them to have brought the Witnesses over and those that were ready to have come would nor stir at-all unless they had a Pass from hence because some of them were Roman Catholicks and they had heard that here some were taken Prisoners that were Roman Catholicks and that none ought to come without a Pass and thâ—y being Witnesses against the King they might be clapped up here and brought into very ill condition so they sent one over that made Affidavit L. C. J. It was the Affidavit was read here yesterday Plunket So that my Lord I conceive your Lordship will think I did it nâ—t oat of any intent to put off my Tryal for Captain Richardâ—â—n is here who knows that I writ by the Post and desired them to come with the Pacquet-Boat and they writ over to the Captain after thâ—y were Landed so that I depended upon the Wind and the Weather for my Witnesses and wanted your Lordships Order for the Records to be brought over and that their Examination might be brought into Court and their own original Examination here might be compared with it So I humbly beg your Lordships favour the Case is rare and scarce happens in Five hundred years that one should be in my circumstances I am come here where no Jury knows me nor the quality of my Adversaries If I had been in Ireland I would have put my self upon my Tryal to morrow without any Witnesses before any Protestant Jury that knew them and me And when the Orders went over that I should be tryed in Ireland and that no Roman Catholick should be upon the Jury and so it was in both the Grand and other Jury yet then when I came to my Tryal after I was Arraigned not one appeared This is manifest upon the Record and can be proved L. C. J. There was no prosecution of you there Plunket But my Lord here is no Jury that knows me or the quality of my Adversaries for they are not a Jury of the Neighborhood that know them and therefore my Case is not the same with other Cases Though I cannot harbor nor do not nor will not nor ought not the least conceipt of hard measure and injustice yet if I have not full time to bring my Records and Witnesses altogether I cannot make my defence Some were there then some afar off so that it was a miracle that in Six or Seven Counties they could do so much as they did But they got in Seven or Eight of them yâ—t there were Five or Six wanting Therefore I beseech your Lordship that I may have time to bring my Records and Witnesses and then I will defie all that is upon the Earth and undâ—r the Earth to say any thing against me L C. J. Look you Mr. Plunket 'T is in vain for you to talk and make this discourse here now you must know that by the Laws of this Kingdom when a man is Indicted and Arraigned of Treason or Felony 't is not usual to give such time 't is rare that any man hath had such time as you have had Five Weeks time to provide your Witnesses If your Witnesses are so cautious and are such persons that they dare not or will not venture for fear of being apprehended or will not come into England without such and such cautions we cannot tell how to help it we can't furnish you with Witnesses you must look to get your Witnesses your self If we should stay till your Witnesses will come perhaps they will never come here and so you will escape out of the hands of Justice Do not be discouraged in this the Jury are Strangers to you peradventure but they are honest Gentlemen and you shall have no other upon your Jury and you may be confident that if there be not some Fact proved against you that may amount to Treason you shall be discharged they are persons that understand so much and we will direct them so much You shall have as fair a Tryal as if you were in Ireland but for us to stay for your Witnesses or send you back to Ireland we cannot do it Therefore you must submit to your Tryal We heard your Affidavit yesterday and we did then tell the Gentlemen that moved it as much as we tell you You are here to be tryed look to the Jury as they are called and except against them if you will Plunket My Lord I desire only to have the favour of time some time this Term. L. C. J. We can't do it Cl. of Cr. Swear Sir John Roberts Plâ—nket I humbly present
Vicar-General for the raising of money L. Chief Just Hath he owned them to be by his direction Murfey Not before me but others he has Mr. Att. Gen. Have you seen any money paid to him Murfey To whom Mr. Att. Gen. To Plunkett Murfey To the Vicar General I have L. C. Just But to Plunkett Murfey None to Plunkett L. C. Just Have you had any discourse with him at any time about the raising of money which the Vicar-General gave order for Murfâ—â— I have had discourse with the Vicar-General L. Ch. Just Sir don't trifle have you had any with him Murfey With him L. Ch. Just Yes with him Murfey Yes I have had some discourse with him Lord Ch. Justice Tell me what that discourse was Murfey I think it was about this If the D of York and the D. of Monmouth fell out together that he had some men to raise about that matter and if the D. of Monmonth would raise the Pâ—â—teâ—â—ant Religion Mr. Att. Gen. You see he hath been in Spanish hands L. Ch. Just Were you a Protestant Sir Murfey No I am a Priest Mr. Serg. Jeff. He is to seek yet Murfey I am indifferent whether I be a Protestant or a Papist Mr. Att. Gen. My Lord he is a Priest in Orders and so hath acknowledged himself Murfey Yes I am a Priest but it makes me forget my self to see so many Evidences to come in that never knew Plunket L. Ch. Just Sir you refuse to answer those Qâ—estions that we put to you here Murfey What I said before the Parliament I answer punctually L. Ch. Just You are asked questions here and produced as a Witness will you answer directly or not Murfey Yes I will L. Ch. Just Then let me hear what discourse you had with the Primate Plunkett concerning any Money raised by him or his Vicar General Murfey May it please your Lordship first of all I did not impeach Primate Plunket but the Officers and Justices of the Peace Mr. Jones Had you any discourse with him yea or no Murfey That he should find so many Catholicks in Ireland if the D. of York and the D. of Monmouth fell out Mr. Just Jones Why it plainly appears what you drove at at first to put off this Tryal if you could L. Ch. Just The Papists in England have been at work with you Mr. Serg. Jeff. I perceived this Gentleman was very busie looking upon his Hat I desire he may be searched if he have no Paper about him Mr. Att. Gen. Mr. Solicitor and my self heard the Evidence he gave to the Granâ—-Jury Then hâ— went out of the Court and would scarce be perswaded to come back again Mr. Att. Gen. We both heard him and he gave the fullest Evidence mucâ— fuller â—o all Instances and particulars of this High Treason much fuller than Duffy to the Grand-Jury Afterwards about 3 Weeks ago the Tryall coming on he ran away and lay hid I took a great deal of Pains to find him out and sent Messengers about at last I heard he was got to the Spanish Embassadors I sent and they spyed him in the Chappel but the Spanish Embassadors servants fell upon the Messenger and beat â—im the Embassador was first sent to about it and his Excellency promiâ—ed that he should be brought and when he was found he told me but the last night that all he had sworn before the Grand-Jury was true and he was ready to make it out again L. Ch. Just And now he says he knows not what he said then and pray take notice of that Murfey I told the Grand-Jury this that my Lord Plunket had a design to get 60 or 70000 men in Ireland if the D. of York and the D. of Monmouth should fall out Mr. Att. Gen. Did you tell a word of that to the Grand-Jury Murfey Yes Sir or I was mistaken Mr. Att. Gen. Not one word of that did he then say L Ch. Just Do you own this man Dr. Plunket to be of your Religion Mr. Serj. Jeff. Do you know this Seeker Plunket He says himself he is indifferent to be a Protestant or a Papist Mr. Serj. Jeff. I will only try you by one question more for you are sought out and it may be you may be found Do you know how many men he was to raise in Ireland remember what you said to the Grand Jury Murfey 70000 Men. L. Ch. Just What were they to do Murfey For establishing if occasion should be Mr. Serj. Jefferies Establishing establishing what Murfey Of the Romish Religion Mr. Serj. Jefferies Well so far we have got 70000 men to establish the Romish Religion what was Plunkett to do this Murfey As far as I understood Mr. Just Jones And you understood it by himself Murfey I received Letters from the Vicar General to get so much money collected and assoon as I got the Letters to my hands I sent them to a Privy Councellor L. Ch. Just Do you not know that he was ingaged to assist the French Army Murfey I do not know that by him but by others Mr. Just Dolb. Did you ever discourse with him about it Murfey I did discourse with him about several matters Mr. Just Dolb. About the French Army Murfey Yes L. Ch. Just Do you know that he did endeavour to bring them into Ireland Murfey I had a Correspondence in France at the same time L. Ch. Just With whom Murfey With one Mac Carty L. Ch. Just And do you know that he had Correspondence in France Murfey Yes I know that Mr. Just Dolb. With whom had Plunket Correspondence in France Muâ—fey He had Correspondence with Dr. Cray and others in France as I understood by others Mr. Just Dolb. Was the end of that Correspondence to bring men from France into Ireland Murfey Yes so far as I understand 〈◊〉 Just Dolb. You understood the Letters when you read them did you not Murfey I know not how these People come to swear this business whether they had not malice against him Mr. Att. Gen. Well Sir pray give you your Evidence we will take care of the rest Mr. Just Dolb. I reckon this Man hath given the best Evâ—dence that can be L. Ch. Just Yes it is Evidence that the Catholâ—cks have been tampering with him Mr. Ser. Jeff. I desire he may be committed my Lord because he hath fenced from the beginning which was done accordingly Mr. Att. Gen. Swear John Mac Legh which was done Sir Fran. Wyth Tell my Lord and the Jury what you know of any Plot in Ireland to bring in the French Mac Legh I was a Parish Priest in Ireland in the County of Monaghâ—n and Dr. Oliver Plunket received several Sums of Money in Ireland and especially in the Diocess where I am I raised some of it and paid him 40 s. at one time and 30 s. another time in the year 74 I paid him 40 s. in the year 75 I paid him 50 s. and it was about July and it was for the
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
service to the King by not coming to see me when you were expected for the person the French Emissary whom I spoke of to you hath proposed very Scandalous Sâ—ditious things to be written and there fore I desire you not to fail as you tender the Kings Interest to come to my Chamber at 6 a Clock at night Sir William Waller received my Letter and came thither accordingly I placed Sir William Waller in another Room and I placed my own Chair at a narrow Table near the place where Sir William Waller was and there through the Wainscot and Hangings we made a slit whereby Sir William Waller might see into the next Room where Mr. Fitz-Harris and I sate but before I placed him there I shewed Sir William Waller two Copies of the instructions for the Libel drawn up said I Sir here are 2 Copies which are both the same and I desire you to counter mark them that you may know them again and thereby see what alteration will be made for here are no Blots now and by that you will find the alteration Sir Wâ—llâ—am Waller while my back was turned counter marked those Copies I went into the next Room and I had not been long there but Mr. Fitz-Harris came in I placed the Table near the Alcove where Sir William Waller was within his hearing and seeing Mr. Fitz-Harris asked me what I had done in the business Sir said I here are 2 Copies of it pray will you see how you like it So he took one and I took the other Mr. Ser. Jeff. My Lord I must interrupt this Gentleman for I see they continue to give the Prisoner Papers Fitz-Harris 'T is only a Paper of the names of my Witnesses Lord Ch. Just Go on Sir Mr. Everard My Lord Captain Fitz-Harris did read one Copy of this Pamphlet and did amend it he did add somethings and struck out other things then said I is this Sir according to your liking yes saies he but I must add something for it is not yet full enough but saies he this must be fair Copyed out for 't is not fit for the French Embassadors Confessor to read who should present it to the Embassador Upon this I told him it should be done against the next day but in the mean time I told him Sir these are very Treasonable things and this a very Treasonable Project oh said he the more Treasonable the better and that will do the effect better What is that Sir said I that is saies he to set these people together by the Ears and keep them clashing and whilst they are so in clashing and mistrusting one another the French shall gain Flanders and then said he we shall make no bones to gain England too But Sir said I you spoke of some recompence for me what shall I have for venturing this why saies he after this Libel is delivered up and that hath gotten you their Confidence that you are Trusty then I wâ—ll gain the French Conâ—essor who is very shy and may so well be because 〈◊〉 of the Confessors of an Embassador hath been already trapann'd 〈…〉 an occasion Therefore he is very wary but he must have 〈…〉 under your hand which he shall have by this Libel and 〈…〉 daies you shall have 40 Guinies and a monthly Pension 〈…〉 some thousandof Crowns for my Master the French 〈…〉 as to these things the Spanish Ambassador is so very 〈…〉 a man that he cannot keep a Table but saiâ—â—e you 〈…〉 rewarded by the French King and be not discouraged by the 〈…〉 for I am in as great danger as you After some such instructions and â—â—couragements that Mr. Fitz-Harris gave to go on in the woâ—k he departed and I cannot well call any thing to mind of more particulars but upon Questions asked me perhaps I may But then that time or the next time Captain Fitâ— Hâ—rris gave me half a sheet of Paper for I told him I may chance to forget part of your instructions therefore pray wriâ—e what is in your own mind and in that Paper he writ down that it was in the peoples power to depose a Popish Possessor as it was to oppose a Popish Successor and certain other Treasonable heads the half sheet of Paper is to be produced in Court under his own hand which he hath confessed besides other Treasonable instructions that he gave me by word of mouth but he at that time departed and came the next day to have a Copy of the Treasonable Libel writ out fair and promised me â—o meet me at the Boarded house where we usually met in Holborn at Mr. Fashions and I did there come and deliver him a Copy of this Treasonable Libel and he said I should hear in a few daies from him and should have a recompence and this should be but as an Entrance business for I should be brought into the Cabal where several Protestants and Parliament men came to give an accompt to the Ambassador how things were transacted but to morrow said he I cannot go to receive the Libel back again for I am to go to Knights-bridge Fitz-Harris Where there Mr. Everard To my Lord Howards for said he you have seen his Son often with me my Lord Howard is very civil to me he was my Fathers Lawyer Mr. Att. Gen. Will you ask him any Questions Mr. Fitz-harris Fitz-Harris Did you write this Libel Mr. Everard Yes by your Instructions I did Fitz-Harris Do you believe I had any Trayterous intention in it Mr. Everard Yes Mr. Serj. Jefferies You said the more Treason the better Mr. Fitz-Harris Fitz-Harris Were you put upon this to Trapan others Mr. Att. Gen. 'T is no Trapanning to ask them to come and hear you give him those Instructions sure Fitz-Harris But I ask him this Question Mr. Attorney was he put upon it to Trapan others Mr. Everard Can you mention any Person that I was to Trapan Fitz-Harris Were you put upon it to Trapan the Protestant Lords and the House of Commons Mr. Everard No I was not Fitz-Harris Is this the same Libel that was read in the House of Commons upon which I was Impeached Mr. Everard Yes I believe Mr. Fitz-Harris it was Mr. Att. Gen. Mr. Everard because he puts you upon it and to satisfie all the world I ask you upon your Oath did any Person whatsoever put you upon this to Trapan other persons or to put it into their Pockets as 't is reported Mr. Everard I was put upon it by none but Mr. Fitz-Harris of whom I asked what will be the use of this said he we shall disperse them we know how Mr. Att. Gen. Did he tell you in what manner Mr. Everard No he did not tell how Mr. Att. Gen. To whom was it to be delivered Mr. Everard I was to deliver it to Fitz-Harris who was to deliver it to the French Confessor and it was to be drawn in the name of the Non-Conformists and put upon them Mr. Serj. Jefferies What Religion
him on work Mr. Smith He said if they did but set England together by the Ears the French would get Flanders and at length prevail here and Mr. Everard should get an Interest in the Common Council and make it his business that they should make a kind of an Address to the Parliament and promise to stand by them with their Lives and Fortunes in opposing Popery and Arbitrary Government and if Parliament-ways failed to assist in another way and if the King hindred the D of Yoâ—k to come to a legal Tryal that then they should take other Courses Mr. Att. Gen. What did he desire from Mr. Everard when he seemed to boggle at his Instructions Mr. Smith Mr. Everard said he would do these things yet he was in great danger Why says Mr. Fitz-Harris so am I and a great many more what other Conference was betwâ—en them I know not for I never saw them together after Mr. Serj. Jefferies Look you Sir is this the same Person Mr. Smith Yes I did know him to be the same person that night he was taken L. C. J. You could see him where you were Mr. Smith My Lord I saw clear enough there was three Candles lighted and I was as near to him as I am to your Lordship L. C. J. You were not in the Room Mr. Smith I was in a little Closet close by Mr. Att. Gen. You know nothing of the Paper of Instructions Mr. Smith I remember he told me of such an one but I was not there the second night Sir Fr. Withins Mr. Everard said they were Treasonable things what then said Fitz-Harris Mr. Smith He said the more Treason was in them the better Mr. Serj. Jefferies And the particulars were to set the people together by the Ears and to bring in the French King Mr. Smith It is all one in Terms Mr. Serj. Jefferies How was it Mr. Smith That the King and the people should be set at variance then the French King would fall upon Flanders and Holland and afterwards would take England in his way and make no bones of it Mr. Serj. Jeff. Will you ask him any Questions Mr. Fitz-Harris Fitz-Harris Do you believe that I did it with a Treasonable intention Mr. Smith Sir I am not to judge of that I am not of your Jury nor to answer any such thing Fitz-Harris What do you think Sir pray Mr. Smith You could have no good Design to bring about by any such matter I think as this Paper is Fitz-Harris Is this the same Paper that was read in the House of Commons Mr. Smith Sir I was not of the House of Commons I don't know what was read there Mr. Johnson Mr. Everard did seem to hint at a Design among some Protestant Lords and Parliament men and others Dissenters from the Church of England I desire to know whether Mr. Smith heard those words L. C. J. That was not the first night Mr. Smith I did not hear it L. C. J. Look you Mr. Johnson Mr. Smith was not present at the second Meeting then Sir Will. Waller was there it was only the first night Mr. Smith was there and he speaks to that Therefore as to the alteration of the Copy and some other things he tells you that was done the second night and then was the Discourse concerning the French Confessor and those other things which you mention Mr. At. Gen. I believe the Jury misapprehend Mr. Evâ—rard in that too L. C. J. It was only what Fitz-Harris told him Mr. Att. Gen. But I see the thing stick with the Jury therefore I would fain ask Mr. Everard this Question Did you declare anâ— such thing or was it Mr. Fitz-Harris that told you Mr. Evâ—rard Mr. Fitâ—-Harris told me that several Parliamâ—â—â— men were joyned with the French Embassador to give him an 〈◊〉 of things but he told me besides this must be drawn up as it 〈…〉 the Name of the Non-Conformists to Father it upon thâ—m yâ—t 〈◊〉 there was one word in it thou as if it were in the 〈…〉 says he it must not be so but it must be under the 〈…〉 Non-Conformists that it may be common to all the 〈…〉 L. C. J. So you must take the â—ense of this right 〈…〉 Mr. Everard tell you some Parliament men and Lord◠〈…〉 in this busâ—nâ—ss but 〈◊〉 Fitz-Harriâ—'s design was to ingag◠〈◊〉 and he 〈…〉 to incourage him to it So that the 〈…〉 â—â—me Lords and Parlâ—â—mâ—nt mâ—n 〈…〉 him to go on Mr. 〈◊〉 〈…〉 my Lord so thâ—t hâ—re does appear there was soâ—â— otheâ—â—â—terest than the French Interest in thâ—s matter if whâ—t Mr. Fitz-Hâ—â—ris said was true Mr. Att. Gen. Fitz-Harris said so to ingage him L. C. J. Look you Mr. Johnâ—on We do all 〈◊〉 bâ—lieve and hope there was no such thing as that any Lord or an◠〈…〉 Commons of Enâ—land were so ingaged it was his Interest as Mr. Fitâ—-Harris took it to mention it so to ingage this Gâ—ntleman Mr. Everâ—â—d I did not say Lords L. C. J. What did you say thâ—n Mâ— Evâ—rard Parliament men in General Mr. Aâ—t Gen. Then Swear Sâ—r Will. Waller which was done Sâ—r Fâ—aâ— Withins Pray Sir William will you give an account of what you know of this matter â—â—r Will. Waller My Lord the last time I was here in this Court being Summoned to give in my Evidence I did make some difficulâ—â— of it upon the account that this Person was Impeached by the Commons of England in Parliament but Mr. Justice Jones having declared the Law required me in such a Case to give in my Evidence I am now ready to give it in and shall do it asbriesly as I can L. C. J. Well Sir pray go on Sir Will. Waller My Lord upon the 22 th or 23 th of Feâ— last Mr. Everard met me in the City and told me he had a business of very great concernment to Discover to me whereupon my Lord we went into a place where we might conveniently discourse together and he told me in short that Mr. Edw. Fitz-Harris that unfortunate Gent. at the Bar had been with him several times and endeavoured to ingage him in a business which would in effect turn all into Confusion in England and render the King very odious in the sight of his Subjects Many things he did there tell me and earnestly pressed me 〈◊〉 joyn in this design to endeavour the Discovery of it I was indeed at the first shie of medling with it being no way in the Commission of the Peace and so not liable to ingage in a business of that nature but I was afraid to discourage Mr. Smith who voluntarily and ingeniously offered himself for the Service of his King and Countrey but I did not go that afternoon being willing to hear whether the business wenâ— on and was likely to come to any thing the next morning Mr. Eâ—â—rard writ to me this Letter plucking out a Paper Mr. Jâ—st Doilâ—â—n 〈◊〉 iâ— Sir Sir Will. â—â—lleâ— My Lord
in effect it was this to let me know Mr. Smith had been with him the night before and that according as they had laid the◠〈◊〉 Mr. Fitz-Harris did indeed come and had some discouâ—se in the 〈◊〉 of Mr. Smith several things beyond what the◠〈◊〉 â—cquâ—â—nted me with things of the highest nature imaginâ—ble an◠〈◊〉 he â—arnestly pressed me as I tendred the welfare of my 〈…〉 that I would not fail to come that Afternoon to be 〈◊〉 â—ar-wâ—tness of the Treasonable practices that were in hand I 〈◊〉 upon my self then obliged to go and did according to 〈…〉 he gave me go about three of the Clock in the 〈◊〉 to a Tavern at the lower end of Fullers-Rents near Grays-Iâ—â— and there we were to discourse furthâ—r of the business I had not been tâ—ere long but I looked out of a back Window and spied Mr. 〈◊〉 with another Gent in a Brown coloured Suit walking just beâ—ore Grays-Inn Door I don't know the name of the Court â—â—t thâ—re I saw them walking but in their going he frequenâ—â—â— looked up at Mr. Everard's Chamber and pointed at it When he was gone I told him it may be Mr. Fitz-Harris may come sooner than â—he hâ—â—r aâ—pointed therefore I think it will not be amiss to go without â—urther dâ—lay to your Chamber and sâ—e what Conveniency there may be to lie 〈◊〉 where I may be both an Eye and an Ear-witness I went to his Chamber and when I came into the Room there was a little 〈◊〉 which I thought not so convenient for me and I rather chose to â—â—ok about if I could find another place more convenient In short in â—â—e next Room I found by my Cane there was a door and 〈…〉 I turnâ—d up the Hangings there and in the door there was a 〈…〉 I opened a little with my Knife and ripped a whole in â—he 〈…〉 â—hich looked into the Room where the Gent. was to 〈…〉 Mr. Fitz-Harris came Mr. Everard had given me a large account much after the same manner that he hath given in his Tâ—â—timony here and he shew'd me two Papers I took the two Papers and gave them a private Mark that I might know them again and withal we placed a Table and a Chair ready against Mr. Fitz-Harris's coming in and agreed that he should be placed so as that through the hole I might have a full sight of him but lest by an accident he should be removed from thence I desired Mr. Everard to ask him three Questions The 1 st was whether he had not Married a Daughter of one Captain Finch's whose Father was killed in his Majesties Service the 2 d. was whether as he read over the Paper it was drawn up according to his Instructions and the 3 d. was who was the Person that should recompense Mr. Everard for running so great an hazard According to these Instructions the Table being placed and every thing in Order about seven a Clock or between six and seven Mr. Fitz-Harris came in and being fate down he began to ask some Questions amongst others Then some Complaint was made by the 〈◊〉 〈◊〉 of Papers given to Mr. Fitz-Harris Fitz-Harris Pray my Lord I beg that Paper may be given to my Wife again Mr. Att. Gen. I pray it may be given to the Court. Mr. Serj. Maynard I pray they may be read Mr. Sol. Gen. 'T is not the duty of a Solicitor to 〈◊〉 Papers he was only appointed by the Court to run of Errands he is not to advise or furnish with matter of Defence Mr. Serj. Jefferies My Lord this is an offence Committed in the face of the Court therefore we pray the Person that hath done it may be Committed Mr. Just Dolben It is nothing but the Resolutions of the House of Commons give it him again L. C. J. If Mr. Whittaker lies there to trouble the Court we shall find another place for him Mr. Sol. Gen. My Lord Mr. Whittaker hath done his duty now and what Service your Lordship appointed him for I think he may be sent away for here is no more business for him Sir Will. Waller Mr. Fitz-Harris came in I think it was between six and seven a Clock and coming there he fate himself down in the Chair prepared for him and Mr. Everard according to the Instructionâ— I had given him did ask him several Questions but Mr. 〈◊〉 did ask him first whether he had finished the Paper according to some Instructions he had given him Mr. Everard produced two Papers the one was the Copy of the other as I counted Mr. Fitz-Harris had one given into his hand and the other Mr. Everard had Mr. Everard after he had read a little in it did ask whether this was drawn up according to the Instructions Mr. Fâ—tz-Harris had given he answered it was exactly according to the Instructions he had given him After he had read a little further says Mr. Everard to him this is a business of very dangerous Consequâ—nce what reward shall I have for running so great an hazard he told him agaâ—â— thus Sir says he I think I run an equal hazard with you for 〈◊〉 have a Paper under my hand which will râ—nder me liable to danâ—â—â— and then he went on and read further and if Mr. Attorney will 〈◊〉 to lâ—t me see the Paper there is one particular Clause it that I toâ—k special â—otice of Mâ— Aâ—t Gen. Would you have the Libel or the Paper Sir William Sâ—r Will. Waller The Libel Sir which was given him There waâ— one â—assage in it which I remember and it was this â—â—â—aking of the Kings preferring Persons that were ingaged in the late Irish 〈◊〉 the Paper was first prefers but says Mr. Fitz-Harris in Frâ—â—ch it must be has promoted several passages of this nature I heard him alter and I saw him alter with his Pen. For after such time as Mr. Fitz-Harris was gone out of the Room I went immediately into the â—oom where Mr. Everard was and took notice of the Paper and the â—nk upon the Paper was hardly dry Mr. Att. Gen. Look upon that that is the Original and the other the Counter part Sir Will. Waller Here is the mark then pointing to the bottom of the Paper These two Papers I marked both together and this is the Paper Sir was 〈◊〉 I do remember it more particularly for this Paper I ha◠〈◊〉 my own Custody and signed it afterwards L. C J. 〈…〉 on 〈…〉 Hâ— was asking him pray Sir said he what Rewaâ—◠〈…〉 â—â—y 〈◊〉 Mr. Fitz-Harris you shall be very well paâ—d you shall nâ—t neâ—â— to 〈◊〉 you shall have all manner of incouragement Tâ—is 〈◊〉 will bâ—â—ng a considerable Advantage to you and you shall â—e oâ—â—erwise preferred than when you were in the French Kinâ—â—â—â—vice â—ays 〈◊〉 you cannot but know how you have beenslighted and neglected not withâ—tanding the Service you have done and the French 〈◊〉 iâ— the Person that is to recompense you for your pains and he spoke of
â—orty but truly I did not hear whether it were Guinys or what it was that he should have for present payment and I heard him speak somthing of a Pension he named three Thousand Crowns but whether annually or how I cannot tell Pray Sir said he whâ—t shall I do in this â—ase for I do not know I am but in a low Condition and have occasion for mony why says he the French Emâ—assador will supply you and you shall certainly as soon as the Paper is perfected have your reâ—ard and says he there are a great many more that we have employed in businesses of this nature to create misunderstanding between the King and his people by which means the French will easily over run Flanders and the â—ow-Countrâ—â—s and then England will become an easie Morsel And this is the subsâ—â—nce of what I remember Fitz-Harris Do you believe I had any such Design as Treason in it Sir 〈◊〉 Wallâ—r I cann't say any thing to that I only speak as to the matter of â—act Mr. Atâ— Gâ—n Did he declare he had many more employed in the Service Sir Will. Wâ—ller Yes he did say so And said he there are two Paâ—lâ—â—ment â—en â—â—at frequent my â—ord Shaâ—tesbury's who my Lord does not 〈◊〉 â—â—at do come and found him and then go and acquaint the 〈◊〉 â—mbassador with all they can discover â—itâ—-Harâ—â—s Is thâ—s the same Paper by the Oath you have taken for whicâ— I was Impeached by the Commons in Parliament Sir Will Wâ—llâ—◠〈◊〉 't is a Copy of the same Paper and that Paper 〈◊〉 did read iâ— the House Mr. Aâ—t Gen. 'T is the Original Mr. Johâ—â—on My Lord I desire to ask Sir W. Waller one Question Sir you have heard the Indictment read then pray tell us whether this very Libel be expressed in the Indictment according to what was deliâ—ered in the House of Commons Mr. Att. Gen. You shall hear that by and by your selves For you shall hear the Paper read to you with the Indictment Sir Wiâ—l Waller This is a Copy of that Paper Mr. Johnson Does Mr. Fitz-Harris stand Impeached by the House of Commons upon the same Treasons mentioned in the Indictment Sir Will. Waller Yes Sir Mr. Att. Gen. Upon the same Treasons Sir Will. Waller Upon this Treasonable Paper he does For as soon as ever I had communicated this Paper to the House and I had made my Report of the Treasonable transactions of Mr. Fitz-Harris the House immediately proceeded to the Impeachment Mr. Sol. Gen. Does the Impeachment mention that Paper Or what particular Treason he was Impeached upon Sir Will. Waller I know nothing of that But upon this Paper that Impeachment was grounded that is all I can say Mr. Sol. Gen. That this Libel was spoken of in the House of Commons is true but it does not appear upon the Impeachment that he was Impeached for that Libel L. C. J. Have you any more Witnesses Mr. Att. Gen. Yes we have to other matters But we desire to let them alone till the Libel be read Mr. Johnson My Lord we beg we may have the comparison of the Libel with the Indictment Fitz-Harris I would ask Sir W. Waller one Question more upon his Oath whether he had any design of Trapanning me or any body else in this thing Mr. Sol. Gen. Had you any design to trapan the Prisoner or any body Sir Will. Waller No Mr. Fitz-Harris indeed not I. Fitz-Harris I looked upon you always as a Person that was my Enemy Mr. Att. Gen. What because you were a Papist Fitz-Harris No it was upon another account I appeal to Mr. Justice Dolben Mr. Just Dolben What do you appeal to me for Mr S. Jeff. Have you known Mr. Fitz-Harris before Sir William Sir Will. Waller Yes many years Mr. Serj. Jefferies What Religion was he reputed to be of Sir Will. Waller A Roman Catholick Fitz-Harris I am not bound to continue so always Mr. Jones Then shew your Conversion Mr. Att. Gen. Pray let the Libel be read Then the Paper was produced Mr. Att. Gen. Sir W. Waller and Mr. Everard is that the Paper Mr. Everard This is the Paper Mr. Att. Gen. Is it interlined with his own hand Mr. Everard Yes for there is the words have promoted that I said before he altered L. C. J. Gent. pray mark this now you will hear the Clauses contained in the Indictment read and you shall hear this Paper read and then your selves shall be Judges whether it does contain them yea or no. Mr. Johnson We desire to see it at the Bar. Mr. Att. Gen. Here is a Copy of these Clauses you may Examine it by that Mr. Serj. Maynard 'T is not the whole Libel but only some Clauses of it he is Indicted for L. C. J. Yes Brother But what they desire is only to see whether so much as is contained in the Indictment is also in the Libel Mr. Att. Gen. Pray Swear Mr. Astrey then which was done L. C. J. Look you Gent. this is one that is intrusted with the Affairs of the Crown He is now Sworn and I ask him this Question for your satisfaction Mr. Astrey Are the English sentences that are in the Indictment also comprised in the Libel Mr. Astrey My Lord I did examine this Indictment with the Libel at Mr. Attorney Generals Chamber as well as I could and they are in terminis the same the words in the Indictment and the words in the Libel Mr. Johnson My Lord if all be not in the Indictment that is in the Libel then perhaps there may be some Connexion with what is antecedent something to explain those Clauses the Indictment mentions so that they may bear another Construction Therefore we would have all read Mr. Serj. Maynard It must be all read to them L. C. J. Yes Brother it shall be wholly read to them though it need not be expressed de verbo in verbum in the Indictment yet for their satisfaction it shall be wholly read to them Mr. Sol. Gen. These Gentlemen are very cautious I perceive L. C. J. Look you Gent. if you will attend the Court we will give you what satisfaction we can pray Mr. Solicitor give them leave to speak to the Court what you desire Gent. is reasonable enough that you may hear the Libel to see whether these are not Clauses taken out of a Paper which may have another Import in the Paper than they have when they are taken out That is your meaning Mr. Johnson Yes my Lord. L. C. J. To that intent you shall hear the Libel read distinctly you shall have the very Clauses of the Indictment by you that you may look upon them Mr. Att. Gen. The other part of the Libel will do it L. C. J. Pray Mr. Attorney don't direct me they shall have the Indictment whilst Mr. Astrey reads the Libel that they may see the import of the words And you do not apprehend it aright Mr. Johnson does not desire to see whether
Mr. Astrey read right but whether those Clauses in the Indictment are of the same import in the Indictment that they are of in the Libel Therefore they must have a Copy of the Indictment whilst Mr. Astrey reads the Libel and Mr. Astrey pray mark those Clauses when you come to them for you will find they are dispersed up and down the Libel Mr. Astrey I do not Swear to that very Paper but I believe you will find they are rightly taken out of the Libel in the Indictment Mr. Att. Gen. This is the Copy of the Indictment Clauses Cl. of Cr. reads Friend I thank thee for the Character of the Popish Successor Then one of the Jury having the Copy in his Hand and not finding it exact desired a true Copy Sir Will. Waller Here is a true Copy of it I took my self and read in the House Then the Libel was read through and the Clauses particularly observed L. C. J. Gentlemen now you have heard it read And you may observe there is nothing in this Paper can extenuate or mitigate the Clauses but abundance to make them more horrid and exceedingly aggravated Mr. Att. Gen. Then call Mr. Savile who was the person Mr. Everard did meet with and acquaint with this business but he did not appear Then call Sir Philip Lloyd and Mr. Bridgman My Lord the next peice of Evidence we shall give is this Sir Will. Waller and Mr. Everard do both say that he gave part of his Instructions under his own hand we shall produce the Paper and prove he acknowledged it to be his own hand Then the Paper was produced Mr. Att. Gen. Who writ that Sir Mr. Everard Mr. Fitz-Harris Mr. Att. Gen. Are those the Instructions he gave you to frame this Libel Mr. Everard These are part of the Instructions my Lord other part I took in my Table-Book before Mr. Smith Mr. Att. Gen. We will prove it by other Witnesses Sir Philip Lloyd and Mr. Bridgman Mr. Bridgman Sworn Mr. Att. Gen. Did the Prisoner acknowledge that to be all his own Hand-writing Mr. Bridgman Yes my Lord Mr. Fitz-Harris did acknowledge it to be all writ with his own hand Sir Philip Lloyd Sworn Sir Fr. Withins Look upon that Paper Sir which he did Did Mr. Fitz-Harris acknowledge it was his Hand-writing Sir Philip Lloyd Yes he did and that I might bear Testimony of it the better I writ with my own hand on the back of it that he did so Mr. Att. Gen. Read it Cl. of Cr. read After this Sham Meeting of the Parliament at Oxon which no body expects any good of it will be necessary c. Mr. Sol. Gen. These words are likewise in the Indictment L. C. J. When was that given to you Mr. Everard For Mr. Fitz-Harris it seems owned it before the Lords in the Council but Mr. Everard Swears the delivery of it what time was it Mr. Everard It was either Monday or Tuesday L. C. J. In February was it not Mr. Everard Yes and I asked Captain Fitz-Harris according to Sir W. Wallers Queries whether he had given Instructions according to what he would have contained in the thing yes said he but have you not enough under my own hand to do it by Mr. Serj. Maynard My Lord we have done our Evidence we will leave it now to hear what the Prisoner will say for his Defence L. C. J. Mr. Fitz-Harris if you have any thing to say for your Defence this is your time to do it Fitz-Harris Yes my Lord Dr. Oates I desire may be called Mr. Att. Gen. If you have any Witnesses name them Mrs. Fitz-Harris Yes yes Dr. Oates and ask him what he heard Mr. Everard say L. C. J. What say you to Dr. Oates here he is Fitz-Harris Pray Dr. what have you heard Mr. Everard say about this Libel since I was taken Dr. Oates My Lord after this business was talked of abroad having heard that Sir William Waller and Everard had made the Discovery I did Discourse Mr. Everard about the business and about the Libel He told me he wrote the Libel and when I would not believe it the man was a little angry that I would not believe it And then I told him he was a man very unfortunate in speaking for he spoke but badly he said though he was unfortunate in his Tongue yet he was as fortunate in his Pen and that he took a great deal out of the intercepted Letter to Roger Le'Strange and I then asked him what the Design of it was he told me it was to be Printed and to be sent about by the Penny Post to the protesting Lords and the Leading men in the House of Commons and they were to be taken up as soon as they had it and to be Searched and to have it found about them I then asked him if there were any other Persons concerned in it besides those publickly talked of he told me the Court had an hand in it and the King had given Fitz-Harris Money already and would give him more if it had success This he told me at Oxford and before he went thither and after Fitz-Harris Mr. Sheriff Cornish I do beg you would declare what his Majesty told you when you came to him from me when I was at Newgate Mr. Sheriff I do not know what you call me for Mr. Fitz-Harris Fitz-Harris I desire you to acquaint the Court what the King said to you when you came to him from Newgate from me Mr. Sheriff My Lord I shall desire your Lordships opinion in this matter whether it be seemly or decent for a Subject to declare what Discourse his Prince is pleased to have with him L. C. J. Look you Sir if you give any Evidence give it We are not to direct any Witness whether they shall give their Evidence or not Mr. Att. Gen. Mr. Sheriff you ought to do it openly if you give any therefore pray lâ—t us hear you Mr. Sheriff My Lord I cannot remember what was said relating to this particular matter There was a great deal his Majesty was pleased to discourse with me concerning things of several kinds and Natures my Memory may fail me but if Mr. Fitz-Harris please to ask as to any particular matter Fitz-Harris What the King said when you came from Newgate to him to acquaint him that I would make a Discovery Did he say I was employed by him and received any Money and what for Mr. Sheriff My Lord I do remember something of that kind When I was giving his Majesty an account that I found the Prisoner at the Bar in a disposition to make a Discovery his Majesty was pleased to tell me he had often had him before him and his Secretaries upon Examination and could make nothing at all of what he did say or Discover to them and his Majesty was pleased likewise to say that he had for near three Months before acquainted him that he was in pursuit of a Plot a matter that
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
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
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
first to be subdued and the parts beyond the Seas and then Englâ—nd would be but a morsel for them they could take that in the way All this was done which is plainly sworn by Witness that had a place made a purpose for him to over-hear all that passed And my Lord for the next Witness there is Sir William Waller there is this besides what is sworn agreeing in circumstance He tells you both to their very Money that it was fortie somewhat but he cannot say Guinnies and he tells you something of the Pension a great many thousand Crowns and he tells you particularly of that circumstance of the French Confessor and the French Embassadour Besides all this does not Sir William Waller tell you this very thing That he espi'd him with a Pen and Ink that he gave a Note of the Libel it self and he heard him give the directions and when he came into the Room he saw the Ink fresh upon the Paper and when he heard him give directions for the alteration of particular words he said You have not worded it according to my mind in such and such particular places But my Lord there is this Venome in it further to be taken notice of That he gave his instructions to draw it so as that it might best take effect according to his intention for when Mr. Everard thought it might do well to make it with thou and thee as though it should be the desiâ—ne of the Quakers he said No by no means but put it in 〈◊〉 the phrase as if it was the designe of all the Protestant 〈◊〉 and so by that means would draw the Odium upon them and bring them in danger as well as others And this is confirmed too by Sir William Waller so that in every circumstance he hath snewed the venome of his design But in the last place which surelâ— the Gentlemen of the Jury will not forget what Sir William Waller said That Fitzharris did say I have taken care already to disperse abundance of Libels amongst our Partie And when Everard told him of a Libel that was some while before he said He had seen that a great while ago and there might be somewhat in it to the purpose And for the Answer that hath been given to it my Lord I think it does not bear any sort of relation to the Charge that is upon him for whatsoever discourse or whatsoever he hath urged is not much to his purpose He hath brought here a Noble-man but after all I would put him in mind of one thing that Noble-man said He did believe he came to him in the name of one that sent him not and so will every body say that hath heard the Evidence for all his Witnesses do positively deny that they ever knew of any such matters as he speaks of And now my Lord I could be very glad if this Gentleman instead of saying as he hath said would have come as soon as he had this Libel from Everard and discovered it immediately to some-body himself before he had carried it on as Everard did before the thing was perfected And so Gentlemen we do think upon this Evidence we have left you without all manner of excuse it being impossible upon such a proof as this is and considering the nature and venome of the Libel it self the base venomous malicious instigations he made use of to effect it and the ends for which it was done to bring in the French to set us together by the ears to render the King odious to his People and the person 't is acted by a known Irish Papist I cannot doubt of the issue and I do hope when I see so many honest Gentlemen and Protestants at the Bar they will be loth to forfeit their own Souls to eternal damnation to save a man that is guiltie of such a Treason as this L. C. J. Have you done Gentlemen Sir Geo. Jefferies Yes L. C. J. Then look you Gentlemen of the Jurie Here is Mr. Fitzharris indicted for Treason against the King and 't is for endeavouring to take away his life to make him odious to his Subjects to incite them to a Rebellion and to raise Arms here in this Kingdom against our King our Soveraign And by the Indictment it is said that he hath declared these Endeavours and these Intentions by causing a scandalous and evil Pamphlet or Libel to be written with an intent to be dispersed through the Kingdom The words of the Libel you have heard particularly read some of them are taken out and mentioned in this Indictment Mr. Fitzharris hath been arraigned and hath pleaded Not guiltie and you are to trie the single matter before you whether Mr. Fitzharris be guiltie of this Treason That this is Treason and contains a treasonable matter Gentlemen is so plain as no body living can doubt it But it is a Treason of as high a nature as peradventure ever was in the Kingdom of England and tends as much to that which would be the destruction both of the King and Kingdom The King's life all our lives all we have that is dear to us or of any advantage or avail in the world are concerned in this For what does it tend to It tends to a popular insurrection to raise the people up in Arms that like a Deluge would over run and sweep away all It is to undo the Government and all Order in the Kingdom and to destroy the Life and Being of all that is good amongst us Amore virulent and villanous Book certainly was never written nor any thing that tended more to Sedition or to incite the people to a Rebellion such a Book as peradventure no well-govern'd Kingdom ever heard of the like It tends to defame the King and all his Ancestors and to blast all that shall come after him to raise us into a Tumult And what is all this to do to settle the Roman Catholick Religion amongst us And this is such a piece of the Art of the Jesuits which peradventure hath out-gone all they have done before It seems to be their hand directly and we are all concerned as English-men to take care of such Villanies This is the nature of the Treason that is comprised in this Book Whether Mr. Fitzharris was the Author or Directer or Contriver of this Book is the Question before you For plainly without any suppose the Book contains in it as high a Treason as ever was And as to that Gentlemen you must consider that this appears evidently to be a designe of the Roman Catholick Partie 't is a Jesuitical designe for this is that they aim at to confound all things that they may fish in troubled Waters And you see they have found out an apt Instrument an Irish Papist one that hath been all-along continually concerned with them and intermedled in several of these Plots and Papers Gentlemen the Evidence that is given here against him is by three persons and there is great
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
I have not put any thing in it but what the Contents of the Letter were L. C. Just. Was that Letter under his own hand Moyer My Lord cannot deny that Plunket Do you know my own hand Writing Moyer Does your Lordship deny that I know your hand Plunket Pray Sir will you answer it Moyer Yes I do very well Plunket When did you leave Ireland Moyer I will tell you that my Lord 't is some 14 or 15 years ago Mr. Serj. Jefferies You were giving an accompt of the Letter read it Moyer Here is the Contents Illustrissime Domine It was directed to Seignior who is now Secretary of the Colledge de propaganda side so then he read his Paper Mr. Sol. Gen. You say you Translated that out of a Letter under the Prisoners own Hand Moyer Yes I translated it immediately and to prove it I have statutes which his Lordship made in the general National Council which are under your own hand my Lord. Mr. Sol. Gen. When did you make this Translation Moyer Five years ago Mr. Sol. Gen. Where did you make it Moyer I made it out of the Original in Ireland Mr. Sol. Gen. Where is the Original Moyer When I was taken by Mr. Murfey and Mr. Hethrington the last year the Soldiers and Tories came and took them away with other Papers I had of the same business L. C. Just. Was the Paper you translated that from of his hand writing Moyer No my Lord the Paper I took this out of was a Copy of the Original L. C. Just. Was the Original of his hand Writing Moyer Yes it was L. C. Just. Where did you take it Moyer In Caprennica when I met with my Lords Page L. C. Just. What made you take a Copy of it Moyer It was in Latine and Italian and I translated it afterwards L. C. Just. And the English Father you say made bold to open it Moyer Yes because he thought 't was a Letter of Recommendations but the Original of the Statutes made at Clouds I did take the Original and gave a Copy to the Page L. C. Just. Have you the Original here Moyer Yes my Lord under his own Hand Plunket That 's another thing L. C. Just. But we would know that other thing Mr. Serj. Jefferies My Lord I desire that he would produce it 't is his own hand Writing see whether his Grace can deny it Moyer The signing of it is his own hand Writing I got the Writing along with the Letter and thinking to have a Copy of the one as well as of the other it was the Statutes I got and I never knew I had them till I was in Madrid in Spain Then the Paper was shewn to the Prisoner Plunket My Lord 't is my hand Moyer Indeed my Lord it is your own hand Mr. Serj. Jefferies He owns it Moyer And there is an Order in those Statutes wherein Ireland was bound to send so much Money to Rome upon such a design Then the Witness read the Title in Latine Mr. Just. Dolben Look out that Clause for the raising of the money Moyer My Lord 't is that I look for Cum toti Clero in Hibernia necessarium sit Mr. Just. Dolben That is but negotia generally Mr. Serj. Maynard That was to solicite their Affairs Mr. Att. Gen. 'T is 500 l. in the whole Plunket Is it 500 l Moyer 'T is in Figures a 5 and two 00 Plunket My Lord this is Counterfeit 't is put in by other Ink. Mr. Just. Dolben Like enough so L. C. Just. Nothing more ordinary you leave a blank for the Sum and then may be you put it in with other Ink. Mr. Just. Dolben How much do you say was the Money Dr. Plunket Plunket My Lord every Agent that is kept at Rome hath a maintenance as all Countries have their Agents at Rome Mr. Just. Dolben How much was it Plunket It was 50 l. a year L. C. Just. Look you Mr. Plunket consider with your self 50 or 500 in this Case is not 5 farthings difference but the money was to be raised by your Order Plunket Ay but whether it was not raised to this Effect There is never a Nation where the Roman Catholick Religion is professed but hath an Agent for their Spiritual Affairs at Rome and this was for the Spiritual Affairs of the Clergy of Ireland Mr. Serj. Jefferies And the Letter was for Spiritual Affairs too was it not Plunket I desire nothing that is a truth every Nation hath an Agent and that Agent must be maintained and the reason is this because we have many Colledges beyond Sea and so there is no Country of Roman Catholicks but hath an Agent in â—ome L. C. Just. You had better râ—serve your self till by and by to answer that and the Letter together for this is but a small part of the Evidence Mr. Att. Gen. About this Letter you were speaking of Pray will you tell what fâ—ll out about it Moyer I will tell you how it fell out afterwards Then I came along into Marseilles in France and there were 2 Captains that had as much notice as I had in that Letter for they were discoursing that they would advance themselves in the French Kings service and hoped that by the King of France's help to have the Roman Catholick faith set up in their own Country why that discourse passed off for I was mightily affraid of any such thing because I was of another opinion for perhaps I might think the Roman Catholick faith would flourish as well as ever it did and hoped so as well as any body else but not by the Sword As I came to Madrid there came one Hugh O Donnell Son to O Donnell with Letters of Recommendation and those Letters were to intitle the young man Earl of Tyrone and likewise that his Majesty the King of Spain should help him for Ireland according to the form of the Letters he had And then as I came for Ireland speedily after there came Letters of Recommendation to me that I should present my self to my Lord Primate to hear Confessions and be heard Preach I came to his Lordship at his own House the 9 th of December 74 and there he kept me several hours and approved me and the Copy of the Approbation I have to shew Andafter a long dispute we went aside and went to to look Father Patrick and there he shewed me such and such things And after a long discourse I told my Lord Primate I see your Lordships Letter which you sent by young O Neale in such a place and he shew'd me the Contents of it and said ay my Lord 't is a good Intention and Design if it can be done without bloodshed then my Lord mused a little and said he well Father Francis which is my name in Religion my Christian Name was John pray will you keep it secret well my Lord said I you need not fear for said he what ever I have done herein was not
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