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A63142 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 Dr. Oliver Plunket, titular primate of Ireland, for high treason ... Fitzharris, Edward, 1648?-1681.; England and Wales. Court of King's Bench. 1681 (1681) Wing T2140; ESTC R34666 112,815 106

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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 ●●e what pra●●ices here are most of the Jury are no Free-holders Cl. of Crown John Pre●●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 Abraha● 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 Ralp● Farr Mr. Att. Gen. Ask him the same Question Cryer Are you a Free-holder Sir Mr. Fa●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 Westmi●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 Brads●aw of Holborn did not appear Isaac Heath of Wapping no Free-holder Edward Hutchins of Westmi●s●er Mr. Att. Gen. We challenge him for the King Cl. of Crown John Lo●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 Vi●er William Withers William Cleave Thomas Go●●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 ●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 w●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 Lib●l were contained amongst other things these false Seditio●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 ●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 Trait●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 K●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 ●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 p●ece of malice and Villany than to set the p●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
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 d●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 Contrari●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 Dutches● 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 app●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 P●rson not ●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 P●rtsmouth for it that the King came to meet them with inclinations to gratify them in any thing they could d●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 se● 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
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 s●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 wi●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 b●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 ●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
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 Murf●● 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 P●●te●●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 Q●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 Gran●-Jury Then h● 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 muc● fuller ●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 ●im the Embassador was first sent to about it and his Excellency promi●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 Mu●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 Ev●dence that can be L. Ch. Just Yes it is Evidence that the Cathol●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 Monagh●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