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
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
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
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
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
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