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A39605 Fitz-Harys's last sham detected, or, A vindication of His Sacred Majesty from those foul aspersions cast upon him by that impudent libel called Fitz-Harys's last confession left under his own hand and published by Dr. Hawkins by a truly loyal subject. Truly loyal subject. 1681 (1681) Wing F1095; ESTC R14953 10,033 4

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in the Tower there was no need of such Arts for Witnesses more than against Lord Stafford if his Conscience would have dispensed with such Villany But the impudent Author of that Pamphlet will not allow Sir George the Discretion of an ordinary Petti-Constable for if any body would believe him either Sir George or my Lord Shaftsbury who by the way was not in Newgate with him said to him You know more of these Matters than any Man Then he addeth Sir George would have had me speak to the Consult That the Duke was at it the Lords Arundel Bellasis and Powis were at it you have seen them go to it at St. Jameses without doubt they were there DO YOV BVT SAY IT WE HAVE THOSE THAT WILL SWEAR IT Sir George is a Person not onely of known Integrity but also Skill in the Laws and is looked upon as a Person not ordinarily versed in Men. Would any silly Constable of a Parish have spoken this Language to one that had been his Prisoner Or was there ever any such Intimacy betwixt Fitz-Harys and Sir George as he could be presumed to have thus exposed his Honour and Reputation to him Or could Sir George had he been never so viciously disposed have such a confidence in a Villain who but a day or two before had been accused of High-Treason by Sir William Waller c If ever the Popish Faction were infatuated in any thing it certainly was in this in publishing to the World a Story which if any credulous Fool could imagine the least truth in yet a Man of the least sense must judge it to have such degrees of improbability in it as a known Lie might have expected an easier Credit to For what he saith next retracting what he had said about Sir Edmondbury Godfrey's Murther and the Earl of Darby c. it might have obtained some credit with some had not it been known that Sir Edmondbury was certainty murthered in Somerset-house and that besides the abundant Evidence of certain Papists murthering him it is most certain also that those of that Religion were those who raised the Reports That he was alive and gone to marry Mrs. Offlet Then That he was a melancholy Man and had murthered himself And had they not lately found out one to witness be cut him down with abundance of more Circumstances of that nature Though what Consults and Deliberations were previous to it I know not of any that discovered till Fitz-Harys appear'd And for his saying now He was put upon it he should have done well to have said by whom for certain it is that what he said of this nature was in Westminster-hall at his Arraignment many Weeks after the Recorder or Sir Robert Clayton or the Sheriffs had spoke to him In his Examination before Sir George Treby and Sir Robert Clayton 10 March he said no more than that De Puy told him That that Murther was consulted at Windsor and that in Appil 1680. Kelly told him at Calais That he was one of the Persons concerned in the Murther and that the same was done much in manner as Prance had related it After that time he could not be put upon it by any that went to him to Newgate For the Earl of Danby besides the Reflexion cast upon him by the Narrative of Mr. Christopher Kirkby which tells us That upon August 13. Mr. Kirkby presented His Majesty with the First Discovery brought him by Dr. Tonge who referred Mr. Kirkby to the Earl of Danby ordering Dr. Tonge and Mr. Kirkby to wait on the Earl the next Morning August 14. which they did but nothing was done in it nor a Person apprehended of six Weeks after and that upon another Information given in to Sir Edmondbury Godfrey Sept. 6. Sir Edmondbury Godfrey read not the Information as appears by the Narrative it having been Three Weeks before delivered to the Earl of Danby September 28. saith that Narrative was the first time Sir Edmondbury Godfrey read the Informations when also he took the Copy of them then began the Prosecution full Six Weeks after the Earl of Danby first had them This begat in some some hard thoughts of the Earl but yet so free was the Protestant Party from charging the Earl of Danby with that Guilt that when a Sheet of Paper came out called Reflexions on the Earl of Danby with reference to that Murther a Vindication of him from that Charge was also published by him that put out Mr. Kirkby's Narrative and ordinarily sold with it many sober Persons apprehending that the Design of that Paper reflecting on his Lordship was meerly Popish that the Papists by it might throw on the Earl the Odium of that Murther Though it was true the Publisher of that Paper seemed not to answer all that was in the Paper of Reflexions for though it sufficiently vindicates the Earl from any Capacity of Concealment of Treason His Majesty having had the first Information and giving the Earl the Informations brought to him yet others thought it did not vindicate him from the Non-presecution of the Informations from Augvst 14. to Septemb. 28. and not prosecuting it then until Sir Edmondbury Godfrey had received the same Informations and given them in to the Council keeping a Copy of them And many wondred that there was nothing said to what was suggested in that Paper That Sir Edmondbury Godfrey dined at the Earl of Danby's that day in which he was murthered and that none is yet discovered who saw him that Afternoon after he had been in Mr. Christian's Company who was my Lord of Danby's Gentleman till he was murthered But it sufficiently appears how little any considerable Protestants judged my Lord of Danby concerned in that matter till Fitz-Harys himself discovered what he here retracts Here any may judge how likely he was to be put upon it unless it were by his Confessor who might have a g 〈…〉 e the Odium of that foul Act from off their Church or Party He saith farther And what I said concerning Fitz-Patrick was serced out of me and what I said concerning him is not true This looks so like an Interpolation of a Popish Priest to clear their Church as it is hardly possible any should believe it to be any other Who charged Fitz-Patrick or thought him more concerned in this Plot than most of their Priests till Fitz-Harys first stained his Reputation How then could any body force an Accusation of him out of him Nor doth his further calling of God and all his Angels to witness the Truth of what he said or his renouncing Mercy at the hands of God Almighty at all contribute to the Credit of what he said For there are several Lies in it evident to all our English World and those kind of Appeals and Attestations where the Matter is so signifie nothing but that such of that Religion as use them are Atheists as well as Papists or have a great confidence in their Confessors Absolutions after such
But amongst all the most notorious Shams of this nature there hath been none so foul and impudent as that which we have in a late Pamphlet entituled The Confession of Edward Fitz-Harys Esq written with his own Hand and delivered to Dr. Hawkins Minister in the Tower 1. July 1681 being the day of his Execution I must confess I have often wondred that the Magistrates of this Noble City being Men of so great Loyalty and Integrity and who have lately been reflected on for suffering Pamphlets with ill Reflexions to His Majesty to be printed and sold have nor before this time bound over to the Sessions the Publishers of that impudent Pamphlet which reflects upon His Majesty to a degree beyond any Pamphlet that I have met with and such a one as no good Subject ought to have patience for For considering that the Trial and Execution of that wretched Villain were both ●…cted by His Majesty he must have entertained most vile Thoughts of His Majesty that can believe Fitz-Harys saying As to the Crimes for which I die I was no further concerned in the Libel than as EMPLOYED to give the King notice of what Libels and other Accusations were against him and to this intent and no other I endeavoured to get this Libel This he repeats again in his Speech at his Execution and he further tells the Reader Mrs. Wall was she by whose Hands he conveyed such Libels and he was taken with this Libel while he was going to my Lord Clarendon or Hyde Can any who hath one dram in him either of Loyalty or Reason believe this And will not all the World both admire the Loyalty Reason or Policy of him who was the Man-Midwife to this spurious Pamphlet and the Sponsor for it too After such an avowed Piece of Villany and Falshood as this is it at all to be admired that he saith against my Lord Howard or indeed any other All which may be reasonably presumed as true as that he had no other concern in the Libel than what he mentioneth for if he had no concern in the first composing of it or adding to it or dispensing of it they must have strange Apprehensions of their Sovereign that will think he should for a Piece of Loyalty and Service direct this Man's Tryal and Execution He who can believe this may easily believe what he saith else which cannot reasonably be thought to be more true than this idle and scandalous Story having as much yea more the Emphasis of Dying Words for it is repeated at his Execution again than any thing else he said But it is evident that he who drew up that Paper had a thousand times more regard to the Reputation of a Roman Catholick and the Reputation of the Church and Religion of Rome than to the Reputation and Honour of His Sacred Majesty His most Honourable Council and the Reverend Judges And those that publish or vouch it fall not much less under the same suspicion What Everard is or what Parts he hath to fit him to draw Libels I cannot tell but it is not probable that the King or His Honourable Council or His Judges believed a word of what he saith That he had the Libel from Everard for then Everard in stead of being pardoned and used as a Witness had doubtless been indicted and prosecuted as the Principal in as foul a piece of Villany as ever was acted upon an English Theatre For it had been the highest Injustice imaginable to have proceeded so severely against an Accessary yea no Accessary if what he said before of his Employ be true and to have let the Principal go free For what he saith of my Lord Howard I shall leave it to time to discover the truth or falshood of it but it is all prefaced with such an apparent Lie as he had just before told about the Libel and his onely concern in it Admit my Lord Howard had had or known of s●ch a Design as he mentions it is hard to imagine what could move him to communicate it to such a Fellow who as he lived upon others Trenchers and was not likely to have advantaged it by his Purse so having never risen higher in Military Affairs than an ordinary Captain or Ensign in which Employ his famous Military E●ploits are yet to be made known to the World too it is as hard to conceive how he could advantage it by his Arms or Interest so as we that live abroad in the Wo●ld cannot fancy my Lord Howard should communicate such things to him unless his Lordship had a mind to capacitate a Witness or two to take away his Life of which I never heard that his Lordship had reason to be weary His next Paragraph sufficiently reflects upon our two Sheriffs Men known to all the City to be Men of Integrity and Truth He saith they came to him in Newgate that is March 12. for after that they saw him not he was the next day removed to the Tower he saith They told him that he was to be tried within three or four days that must be at furthest by March 14. That the People would Prosecute him and the Parliament would Impeach him Within a few Lines after he saith The Sheriffs brought instructions which they said came from the Lords and Commons who met that day in order to Address to the King on his behalf if he should confirm the Instructions Fitz-Harys could not but know that the Parliament was Proclaimed to meet at Oxford March 21. The Sheriffs came to him the Tenth of March to inform him he would be Tried by the Fourteenth of March and that not at the Suit of the King which might have been true but at the Prosecution of the People upon the Impeachment of the Commons which could not possibly be till March 24 or 25. For they met out the 21. and two or three days must at least be allowed them to swear their Members and settle their Great Committees before they could think of Impeachments Now is it not likely that the Sheriffs should tell him a Story which himself could not but know was impossible and they must know was no less than a most impudent Lie In the next place he reflects upon our Renowned Recorder He brings him in swearing Gods-wounds what were you ever but a Rogue Let all who ever conversed with Sir George testifie whether he be a Person ever used his Tongue to such a Dialect It is not very probable that his first Oath should be Gods-wounds especially to a Prisoner and upon no further Provocation than the Paper mentioneth The Integrity of Sir Robert Clayton and Sir George Treby is too well known for any but Papists to believe they would either of them sollicit ot subborn Men against the Duke and the Lords Bellasis Arundel and Powis besides that Sir George Treby knew so much of what was deposed before the Committee of Secresie that he could not but know that against the Lords