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
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
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
King and the Prisoner at the Bar according to your Evidence And you have sworn a true Verdict to give upon it and do you now scruple whether you should give any Verdict or no when but even now you have sworn you will give a Verdict If any such thing as this had been in your heads for it might be then in your heads as well as now why did not you speak of it before you took your Oath You now lie under the obligation of an Oath to give a Verdict according to your Evidence and would you acquit him against such an Evidence as hath been given For besides what Sir William Waller Smith and Everard have deposed the very Note sworn by Sir Philip Lloyd and Mr. Bridgman to be owned by Fitzharris as his hand contains Treason enough in it if there were no more Therefore there must be something more in it than for the sake of such an unreasonable scruple Mr Just Raymond I am of the same opinion truly Mr. Johnson My Lord I took the liberty to speak it now I could not speak it before for I was not then to inquire what I was to be sworn to nor could I know what would be the matter that would come before us till we were sworn Therefore I humbly beg your pardon that I made the Motion L. C. J. We are not at all troubled at any thing you have said do not mistake us we do not take it ill from you that you acquaint us with your Scruples We are ready to give all satisfaction we can to any that are concerned before us therefore we are no way troubled that you made any such Scruple but have given you a fair Answer to it Mr. Johnson My Lord I desire a Note of the Names of the Jury L. C. J. Give it him Mr. Astrey or else the Croud is so great he may not know them Then the Jury withdrew for half an hour and at their return being called over and appearing the Clerk took the Verdict Cl. of Cr. Edward Fitzharris hold up thy hand which he did Look upon the Prisoner How say you is he Guilty of the High-Treason whereof he stands indicted or Not guilty Foreman Guilty c. L. C. J. I think you have found a very good Verdict and upon very full and strong Evidence Mr. Soll. Gen. Will your Lordship please to give Judgment L. C. J. We will take time for that Mr. Soll. Gen. Will you give a Rule to have him brought up to morrow L. C. J. Move us another day for it Fitzharris My Lord I hope I may have the liberty of my Wife and some Friends now to come to me L. C. J. Any Friend I think may come to you but Mr. Fitzharris you must be modest in the using that liberty we give you You have heretofore abused your liberty I do not love to exasperate things to one in your circumstances but you must be prudent and careful knowing your own condition that you do nothing prejudicial to the King or Kingdom Upon Wednesday June 15. 1681. Edward Fitzharris was brought to the Bar of the Court of Kings bench to receive his sentence Mr. Att. Gen. My Lord I humbly pray your Judgment against Mr Fitzharris who is convicted of High-Treason Silence proclaimed during Judgment Cl. of Cr. Edward Fitzharris hold up thy hand Thou hast been indicted and arraigned of High-Treason and hast thereunto pleaded Not guilty and for thy Trial put thy self upon God and thy Countrie and thy Countrie have found thee guiltie What canâ—t thou say for thy self why Judgment of Death should not be given against thee and Execution awarded according to Law Fitzharris My Lord I think it will be prejudicial to the Kings service that Sentence should pass before I have made an end of the Evidence I have given in against my Lord Howard L. C. J. Mr. Fitzharris we can take no notice of any thing of that nature When you are asked what you can say why Judgment should not pass against you it is What legal matter you have what matter in Law to excuse your self from that Judgment For this is nothing the saying you are to give Evidence we know nothing of that it will not delay Judgment a minute And for what you say it will be prejudicial to the Kings service it is the King that prays Judgment against you by his Attorney Fitzharris I beg the Kings mercie for Transportation my Lord. L. C. J. We can do nothing in that Fitzharris Nor to give me time before my Execution I can say no more my Lord. L. C. J. Look you Mr. Fitzharris you have been here indicted for a very great and hainous Treason a Treason that is in truth of the first magnitude for it is a Treason that tends to the rooting up the whole Government of this Kingdom and the destroying of us all plainly both of the King and of all his Subjects It does not onely destroy the Peace and Quiet but it tends in truth to the utter destruction of the whole Kingdom and to bring us into a Confusion and Disorder never to be avoided or retrieved if your Designes should have taken effect You have been here arraigned and put your self upon the Countrie and they have found you gultie of this Treason it is a thing you should well consider for certainly you have contracted to your self a mightie Guilt in such a thing as this is You have endeavoured the destruction of the King and in such a way as must have in truth destroyed all his good Subjects together with him Your designe hath been to excite the People to a Rebellion and a Popular Insurrection that would have swept away all like a Deluge if it had taken effect In truth it is a Treason against all mankind the stirring up of the People is it is of evil example to all mankind the stirring up of the People against their natural Lord to whom we owe all Allegiance and Obedience But your designe in this was by setting the People of England together by the ears to bring in the Roman Catholick Religion upon such as should be left It seems you are an Irish Papist and sucked in very ill principles where you have lived and you have here endeavoured to do as much mischief in this Kingdom by that treasonable Book as lies in any one mans power perhaps to do It is a mercie and a happiness that it hath pleased God in his providence to deliver us out of your hands for this was your designe if you could have brought it about But it hath pleased God now to bring you to Justice for it and the Judgement of the Law must pass upon you Now that Judgment is this You must return to the Tower from whence you came and from thence you must be drawn through the Streets of the City of London to Tyburn there you shall be hang'd by the Neck but cut down before you are dead your Bowels shall be
against you I thought you did more good in Ireland than hurt so I declare it L. C. J. Have you any more Witnesses If Fitz-Gerard or Commines will come we will hear them Plunket My Lord I have not any more Witnesses L. C. J. Look you Gentlemen of the Jury This Gentleman here Mr. Plunket is indicted of High-Treason and 't is for Conspiring the King's Death and endeavouring to bring the French Army into Ireland for to invade that Kingdom and to plant the Romish Religion in that Kingdom You have had Evidence against him that hath been fully examined And these things do seem to be very plain by the Witnesses That he himself hath taken a Commission or a Grant or what you will please to call it from the Pope to be Primate of Ireland that he hath taken upon him to make Laws as the Provincial and that he hath undertaken and endeavoured to settle the Popish Religion in that Kingdom and in order to that he hath invited the Aid of the French Army and that he hath for the better landing of them looked out what places were most convenient for them That he hash set a Tax upon the Clergy within his Province for the facilitating of all this and for the making preparations for the entertainment of this Army This the Wittnesses testifie against him and that there were some Towns as Dâ—ngannon and another Town that were to be betrayed to the Frenh Now you must consider concerning these Witnesses If you believe the Evidence that hath been given and which hath been repeated by the Kings Counsel and if you believe that he did design to bring in a French Army to establish the Roman Religion there again and that he took upon him to raise money for that purpose survey'd the Ports and made such provisions as the Witnesses speak of and was in that Conspiracy you must find him Guilty I leave it to you it is a pretty strong Evidence he does not say any thing to it but that his Witnesses are not come over Plunkett I can say nothing to it but give my own Protestation that there is not one word of this said against me is true but all plain Romance I never had any Communication with any French Minister Cardinal nor other Then the Jury withdrew for a Quarter of an Hour and being returned gave this Verdict Cl. of Cr. Oliver Plunkett hold up thy hand How say you is he Guilty of the High-Treason whereof he stands Indi cted or not Guilty Foreman Guilty Plunkett Deo Gratia God be thanked Then the Verdict was Recorded and the Court rose And the Keeper went away with his Prisoner On Wednesday 15 mo Junii 1681. Oliver Plunkett was brought to the Barr to receive his Judgment Mr. Att. Gen. My Lord I pray your Judgment against the Prisoner Oliver Plunkett Cl. of Cr. Oliver Plunkett hold up thy Hand Thou hast been Indicted of High-Treason thou hast been thereupon Arraigned thou haft thereunto pleaded not Guilty and for thy Trial hast put thy self upon God and the Country which Country hath found thee Guilty what hast thou to say for thy self why Judgment of Death should not pass upon thee and Execution be thereupon awarded according to the Law Plunkett My Lord may it please your Lordship I have something to say which if your Lordship will consider seriously may occasion the Courts Commiseration and Mercy I have my Lord for this Fact been Arraigned in Ireland and brought to my Trial there At the Day of my Tryal all the Witnesses voluntarily absented themselves seeing I had Records and Witnesses to convince them evidently and shew what men they were and the prepensed Malice that they did bear to me and so finding that I could clear my self evidently they absented themselves on the day of my Tryal no Christian appeared but hither over they come and procure that I should be brought hither where I could not have a Jury that knew the Qualities of my Adversaries or who knew me or the Circumstances of the Places Times and Persons the Juries here as I say were altogether Strangers to these Affairs and so my Lord they could not know many things that conduce to a fair Tryal and it was morally impossible they should know it I have been accused principally and chiefly for surveying the Ports for fixing upon Carlingford for the Landing of the French for the having of seventy Thousand Men ready to joyn with the French for collecting Money for the Agents in this matter for the assisting of the French and this great Utopian Army A Jury in Ireland consisting of men that lived in that Country or any man in thâ— Woâ—â—d that hath but seen Ireland in a Map would easily see there was no probability that that should be a place sit for the French to Land in tho' he never was in Ireland yet by the Map he would see they must come between the narrow Seas all along to ulster and the Rocks and such places would make it very dangerous and by their own Confession it was a poor Town and of no strength a very small Garrison which had not been so if it had been a place of any Consideration And whereas I had Influence only upon one Province as is well known tho' I had the Title of Primate of all Ireland as the Arch-Bishop of Canterbury hath of all England yet the Arch-Bishop of York will not permit him to meddle with his Province and 't is well known by the Gentry there and those that are accustomed to the place That in all the Province of Ulster take Men Women and Children of the Roman Catholicks they could not make up seventy Thousand This a Jury there my Lord had known very well and therefore the Laws of England which are very favourable to the Prisoner have provided that there should be a Jury of the Place where the Fact was Committed as Sr. Thomas Gascoine as I have heard had a Yorkshire Jury tho' he was tryed at London And then after my coming here I was kept close Prisoner for six Months not any Christian was permitted to come at me nor did I know any thing how things stood in the World I was brought here the third of May to be Arraigned and I did petition your Lordship to have some time for my Tryal and I would have had it put off till Michaelmass but your Lordships did not think fit to grant so long but only till the eighth of this Month when my Witnesses who were ready at the Sea side would not come over without Passes and I could not get over the Records without an Order from hence which Records would have shewn that some of the Witnesses were Indicted and found Guilty of high Crimes some wer e imprisoned for Robberies and some of the Witnesses were â—nfamous People so I petitioned the eighth of this Month that I might have time but for twelve days more but your Lordship thought when the Motion was made that