of hard measure and injustice yet if I have not full time to bring my Records and Witnesses altogether I cannot make my Defence Some were there then some afar off so that it was a miracle that in six or seven Counties they could do so much as they did But they got in seven or eight of them yet there were five or six wanting Therefore I beseech your Lordship that I may have time to bring my Records and Witnesses and then I will defie all that is upon the Earth and under the Earth to say any thing against me L. C. J. Look you Mr. Plunket 't is in vain for you to talk and make this discourse here now you must know that by the Laws of this Kingdom when a man is indicted and arraigned of Treason or Felony 't is not usual to give such time 't is rare that any man hath had such time as you have had five weeks time to provide your Witnesses If your Witnesses are so cautions and are such persons that they dare not or will not venture for fear of being apprehended or will not come into England without such and such cautions we cannot tell how to help it we can't furnish you with Witnesses you must look to get your Witnesses your self if we should stay till your Witnesses will come perhaps they will never come here and so you will escape out of the hands of Justice Do not be discouraged in this the Jury are strangers to you peradventure but they are honest Gentlemen and you shall have no other upon your Jury and you may be confident that if there be not some Fact proved against you that may amount to Treason you shall be discharged they are persons that understand so much and we will direct them so much You shall have as fair a Tryal as if you were in Ireland but for us to stay for your Witnesses or send you back to Ireland we cannot do it Therefore you must submit to your Tryal We heard your Affidavit yesterday and we did then tell the Gentlemen that moved it as much as we tell you You are here to be tried look to the Jury as they are called and except against them if you will Plunk My Lord I desire only to have the favour of time some time this Term. L. C. J. We can't do it Cl. of Cr. Swear Sir John Roberts Plunk I humbly present 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 21th 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 Plunk 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 Harriot 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 England Scotland France and Ireland King and his natural Lord the fear of God in his heart not having nor weighing the duty of his Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true and due natural Obedience which true and faithful 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 this Seas to stir 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 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 32th 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 Traytors unknown traiterously 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 Government of his Kingdom of Ireland aforesaid to depose 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 Traiterous compassings imaginations and purposes aforesaid he the said Oliver Plunket the said first day of December in the abovesaid 32th 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 traiterously did assemble and gather together himself with divers other Traitors unknown and then and there devilishly advisedly maliciously subtilly and traterously 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 traiterously did further consult and agree to contribute pay and expend divers great Sums of Mony to divers Subjects of our said Sovereign Lord the King and other persons unknown to procure
you understood it by himself Murf. I received Letters from the Vicar General to get so much mony collected and assoon as I got the Letters to my hands I sent them to a Privy Councellor L. C. J. Do you not know that he was ingaged to assist the French Army Murf. I do not know that by him but by others Mr. Just Dolben Did you ever discourse with him about it Murf. I did discourse with him about several matters Mr. Just Dolb. About the French Army Murfey Yes L. C. J. Do you know that he did endeavour to bring them into Ireland Murf. I had a Correspondence in France at the same time L. C. J. With whom Murf. With one Mac Carty L. C. J. And do you know that he had correspondence in France Murf. Yes I know that Mr. Just Dolb. With whom had Plunket correspondence in France Murf. He had correspondence with Dr. Cray and others in France as I understood by others Mr. Just Dolb. Was the end of that correspondence to bring men from France into Ireland Murf. Yes so far as I understand Mr. Just Dolb. You understood the Letters when you read them did you not Murf. I know not how these people come to swear this business whether they had not malice against him Mr. Att. Gen. Well Sir pray give you your Evidence we will take care of the rest Mr. Just Dolb. I reckon this man hath given the best Evidence that can be L. C. J. Yes it is Evidence that the Catholicks have been tampering with him Mr. Serj. Jeff. I desire he may be committed my Lord because he hath fenced from the beginning which was done accordingly Mr. Att. Gen. Swear John Mac Legh which was done Sir Fran. Wyth Tell my Lord and the Jury what you know of any Plot in Ireland to bring in the French Mac Legh I was a Parish Priest in Ireland in the County of Monaghan and Dr. Oliver Plunket received several Sums of mony in Ireland and especially in the Diocess where I am I raised some of it and paid him 40 s. at one time and 30 s. another time in the year 74 I paid him 40 s. in the year 75 I paid him 50 s. and it was about July and it was for the better advancement of the French coming in Mr. Jones Did he tell you that the mony was to be employ'd that way Mac Legh Yes that the mony was to be kept for Arms and Amunition for the Roman Catholicks in Ireland L. C. J. Before you paid it did you receive any Order from him Mac Legh Yes I received an Order sub poena suspensionis and there was a publick Order throughout Ireland or we would not pay it nay several would not pay it and they were to be suspended Plunk Can you shew any of the Orders under my Hand Mac Legh Yes I can shew them but only they are afar off I did not expect to have them asked for Plunk Have you no Superiors of your own Mac Legh Yes but you being Lord Primate you could suspend Bishops and inferiour Clergy together Plunk When was this Mac Legh In the years 74 and 75. Plunk What is the reason you kept it secret all this while Mac Legh In the year 77 I did discover it to one Mr. O Neal who I sent to Dublin to discover this Plot. I was in France my self my Lord. Plunk How many years is it since you returned from France Mac Legh In May in the year 78. Plunk Why did you not speak all this while till now Mac Legh I did send one Mr. Henry O Neal to Dublin for I durst not go lest I should have been suspended and excommunicated Mr. Att. Gen. This is the Priest that Henry O Neal speaks of L. C. J. Is not this a very good reason if he had come to Dublin to discover you would have suspended him Plunk But my Lord then he might have shewn my Suspension and brought me into a Premunire Mr. Serj. Jeff. If you please Doctor let us who are for the King have done with him first I would ask you another Question Sir were you at one Vicar Bradeys House Mac Legh Yes I was Mr. Att. Gen. Tell what was done there Mac Legh There was Bishop Tyrrel came there with 40 Horsemen well mounted and armed he came into the House about 10. in the morning and staid till about 11 at night I was very much among them and was as willing to be of the Plot as themselves Mr. Att. Gen. Tell what was done there Mac Legh There Bishop Tyrrel said that he had order from Dr. Oliver Plunket and others to pertake of the Plot to bring in the French and subvert the Government in Ireland and destroy the Protestant Religion and the Protestants Mr. Att. Gen. Was there an Oath given Mac Legh Yes they were all put to their Oaths which they did take willingly to keep it private during their lives time and the reason was they were to have their Estates during their lives time Mr. Serj. Jeff. Now tell us when this was Mr. Att. Gen. My Lord Henry O Neal and Phleem O Neal speak to the same purpose Mr. Serj Jeff. Do you remember whether Henry O Neal was there did he take the Oath of Secresie Mac Legh Yes Mr. Att. Gen. What do you know of any Letters from Plunket Mac Legh In France I landed at Brest and going through Britany I met with Bishop Tyrrel and Dr. Cray who was my Lord Oliver Plunkets Agent and Duke John of Great Britany came into them for he heard of these 2 Bishops being newly come out of Rome sent for them and I being a Priest of Tyrrels Diocess I went along with them and they were well accepted and shewed Dr. Oliver Plunkets Conditions with the King of France which was this to get Dublin and London-Derry and all the Sea-ports into their own Hands to levy War and destroy the Protestant Religion and that they should have him to protect them during his life-time L. C. J. Did you see those Conditions Mac Legh A Copy of them I did the Governour of Britany did shew them to the Bishop Mr. Serj. Jeff. What Language were those Conditions in Mac Legh They were in Latine Sir Mr. Serj. Jeff. Was Edmond Murfey put out of the Diocess Mac Legh Not as I know of L. C. J. What do you know of his being Primate upon what conditions was he made Primate Mac Legh He was made Primate by the Election of the King of France And upon his Election he made those Conditions with the King of France to raise men to join with the French to destroy the Protestant Religion Mr. Just Jones You know that man Dr. Plunket Plunk Yes my Lord. Mr. Att. Gen. Will you ask him any Questions Plunk None but what I asked the others Mr. Just Dolben Then if that is all he hath given a good answer to that already he was as forward then as the rest Mr. Att. Gen. Then
I can't say but it was Mr. Serj. Jeff. Repeat it tell my Lord and the Jury what it was and tell the truth Murf. I have forgot it Mr. Att. Gen. Why then I would ask you a little you remember I was by and 't is no laughing matter Mr. Murfey you will find it so What do you know of any Orders issued out by Mr. Plunket to raise mony from the Priests Murf. I know there was Orders and I took the Orders my self in my hand Mr. Att. Gen. From whom had you those Orders Murf. From another and not from him Mr. Att. Gen. Under whose hand were those Orders Murf. They were from the Primate Mr. At. Gen. Did you see any Order under Plunket's hand for raising of mony Murf. No but under the Vicar-generals by his authority as I suppose Mr. Att. Gen. Upon your Oath did you not swear before the Grand Jury that you saw the Orders under his hand Murf. No I did not or I was mistaken for it was only by his direction Mr. Att. Gen. Pray had you any converse with O. Plunket about the raising of mony Murf. O. Plunket about the raising of mony Mr. Att. Gen. Yes that is a plain Question Murf. It was about other matters I conversed with him Mr. Att. Gen. But did you converse with him about mony Murf. No not about the mony Mr. Att. Gen. Upon your Oath did you converse with him about bringing in the French Mr. Serj. Jeff. Declare the truth come L. C. J. Come don't trifle What discourse have you had with the Prisoner about raising of mony or bringing in the French either of them Sir Murf. I know this if the D. of York and D. of Ormond had proceeded according to their Intentions it was a general expectation at the same time that all the French and Irish would come and fall upon the English Nation as I understood L. C. J. Pray answer the Question directly You must not come and think to trifle with the Court you must speak the truth you are sworn to it you must not come to quibble and run about to this and that and t'other but answer directly Have you had any discourse with the Prisoner about Orders for raising of mony in Ireland Murf. Yes I have seen Orders from his Vicar-genral for the raising of mony L. C. J. Hath he owned them to be by his direction Murf. Not before me but others he has Mr. Att. Gen. Have you seen any mony paid to him Murf. To whom Mr. Att. Gen. To Plunket Murf. To the Vicar-general I have L. C. J. But to Plunket Murf. None to Plunket L. C. J. Have you had any discourse with him at any time about the raising of mony which the Vicar-general gave order for Murf. I have had discourse with the Vicar-general L. C. J. Sir don't trifle have you had any with him Murf. With him L. C. J. Yes with him Murf. Yes I have had some discourse with him L C. J. Tell me what that discourse was Murf. I think it was about this If the D. of York and the D. of Monmouth fell out together that he had some men to raise about that matter and if the D. of Monmouth would raise the Protestant Religion M Att. Gen. You see he hath been in Spanish hands L. C. J. Were you a Protestant Sir Murf. No I am a Priest Mr. Serj. Jeff. He is to seek yet Murf. I am indifferent whether I be Protestant or a Papist Mr. Att. Gen. My Lord he is a Priest in Orders and so hath acknowledged himself Murf. Yes I am a Priest but it makes me forget my self to see so many Evidences to come in that never knew Plunket L. C. J. Sir you refuse to answer those Questions that we put to you here Murf. What I said before the Parliament I answer punctually L. C. J. You are asked questions here and produced as a Witness will you answer directly or not Murf. Yes I will L. C. J. Then let me hear what discourse you had with the Primate Plunket concerning any mony raised by him or his Vicar-general Murf. May it please your Lordship first of all I did not impeach Primate Plunket but the Officers and Justices of the Peace Mr. Jones Had you any discourse with him yea or no Murf. That he should find so many Catholicks in Ireland if the D. of York and the D. of Monmouth fell out Mr. Just Jones Why it plainly appears what you drove at at first to put off this Tryal if you could L. C. J. The Papists in England have been at work with you Mr. Serj. Jeff. I perceived this Gentleman was very busie looking upon his Hat I desire he may be searched if he have no Paper about him Mr. Att. Gen. Mr. Solicitor and my self heard the Evidence he gave to the Grand Jury Then he went out of the Court and would scarce be perswaded to come back again Mr. Att. Gen. We both heard him and he gave the fullest Evidence much suller to all Instances and particulars of this High Treason much suller than Duffy to the Grand Jury Afterwards about 3 weeks ago the Tryal coming on he ran away and lay hid I took a great deal of pains to find him out and sent Messengers about at last I heard he was got to the Spanish Embassadors I sent and they spied him in the Chappel but the Spanish Embassadors Servants fell upon the Messenger and beat him the Embassador was first sent to about it and his Excellency promised that he should be brought and when he was found he told me but the last night that all he had sworn before the Grand Jury was true and he was ready to make it out again L. C. J. And now he says he knows not what he said then and pray take notice of that Murfey I told the Grand Jury this that my Lord Plunket had a design to get 60 or 70000 men in Ireland if the D. of York and the D. of Monmouth should fall out Mr. Att. Gen. Did you tell a word of that to the Grand Jury Murfey Yes Sir or I was mistaken Mr. Att. Gen. Not one word of that did he then say L. C. J. Do you own this man Dr. Plunket to be of your Religion Mr. Serj. Jeff. Do you know this Seeker Plunk He says himself he is indifferent to be a Protestant or a Papist Mr. Serj. Jeff. I will only try you by one question more for you are sought out and it may be you may be found Do you know how many men he was to raise in Ireland remember what you said to the Grand Jury Murf. 70000 Men. L. C. J. What were they to do Murf. For establishing if occasion should be Mr. Serj. Jeff. Establishing establishing what Murf. Of the Romish Religion Mr. Serj. Jeff. Well so far we have got 70000 men to establish the Romish Religion what was Plunket to do this Murf. As far as I understood Mr. Just Jones And
swear John Moyer which was done Mr. Just Jones What do you know concerning any Plot in Ireland and Dr. Plunkets being in it Moyer I know him first my Lord to be made Primate of Ireland ingaging that he should propagate the Roman Faith in Ireland and restore it to the Catholick Government and I know the time by relation that I came to Rome within two months after his being made Primate of Ireland upon the same Conditions that have been related to you and I was brought into the Convent of St. Francis in Rome by one Father and this Father was very intimate with Cardinal Spinola and when he used to go abroad he used to carry me along with him as a Companion and there I found several of the Roman Cardinals say That the Kingdom of Ireland should come under the Catholick Government by the way and means of the Lord Primate Plunket Mr. Att Gen. What do you know of your self Moyer As I was coming then from Rome I happened to come into a Convent of the Order of St. Francis and there came out of Ireland a young Gentleman of the Family of the O Neals who hath been my Lord Primates Page Plunket I never had a Page Moyer You termed him so my Lord in Ireland and as I came this young man had a pacquet of Letters with him as though they were Commendations to enter him into the Colledge De propaganda Fide directed to the Secretary of that Colledge And thinking them to be Letters of Recommendation an old Father called one Thomas Crawley and I thought it not prejudicial to open the Seal and the Contents were these I translated them 5 years ago and here are the Contents following if you please they may be read I will do my best to read them in English the Original were in Latine and some Phrases in Italian And when I was surprized by Mr. Murfey the last year and taken suddenly all my Papers were taken away before I could return back again by the Soldiers and the Tories I only kept a Copy of this Letter I had in English as near as I could and if I did not diminish any thing by the Translation upon the Oath I have taken I have not put any thing in it but what the Contents of the Letter were L. C. J. Was that Letter under his own Hand Moyer My Lord cannot deny that Plunket Do you know my own Hand writing Moyer Does your Lordship deny that I know your Hand Plunket Pray Sir will you answer it Moyer Yes I do very well Plunket When did you leave Ireland Moyer I will tell you that my Lord 't is some 14 or 15 years ago Mr. Serj. Jeff. You were giving an accompt of the Letter read it Moyer Here is the Contents Illustrissime Domine it was directed to Seignior who is now Secretary of the Colledge De propaganda Fide so then he read his Paper Mr. Sol. Gen. You say you translated that out of a Letter under the Prisoners own Hand Moyer Yes I translated it immediately and to prove it I have Statutes which his Lordship made in the general National Council which are under your own Hand my Lord. Mr. Sol. Gen. When did you make this Translation Moyer Five years ago Mr. Sol. Gen. Where did you make it Moyer I made it out of the Original in Ireland Mr. Sol. Gen. Where is the Original Moyer When I was taken by Mr. Murfey and Mr. Hethrington the last year the Souldiers and Tories came and took them away with other Papers I had of the same business L. C. J. Was the Paper you translated that from of his Hand Writing Moyer No my Lord the Paper I took this out of was a Copy of the Original L. C. J. Was the Original of his Hand Writing Moyer Yes it was L. C. J. Where did you take it Moyer In Caprennica when I met with my Lords Page L. C. J. What made you take a Copy of it Moyer It was in Latine and Italian and I translated it afterwards L. C. J. And the English Father you say made bold to open it Moyer Yes because he thought 't was a Letter of Recommendations but the Original of the Statutes made at Clouds I did take the Original and gave a Copy to the Page L. C. J. Have you the Original here Moyer Yes my Lord under his own Hand Plunk That 's another thing L. C. J. But we would know that other thing Mr. Serj. Jeff. My Lord I desire that he would produce it 't is his own Hand Writing see whether his Grace can deny it Moyer The signing of it is his own Hand Writing I got the Writing along with the Letter and thinking to have a Copy of the one as as well as of the other it was the Statutes I got and I never knew I had them till I was in Madrid in Spain Then the Paper was shewn to the Prisoner Plunk My Lord 't is my Hand Moyer Indeed my Lord 't is your own Hand Mr. Serj. Jeff. He owns it Moyer And there is an Order in those Statutes wherein Ireland was bound to send so much mony to Rome upon such a design The the Witness read the Title in Latine Mr. Just Dolb. Look out that Clause for the raising of the mony Moyer My Lord 't is that I look for Cum toti Clero in Hibernia necessarium sit Mr. Just Dolb. That is but negotia generally Mr. Serj. Maynard That was to solicite their Affairs Mr. Att. Gen. 'T is 500 l. in the whole Plunk Is it 500 l Moyer 'T is in Figures a 5 and two 00. Plunk My Lord this is Counterfeit 't is put in by other Ink. Mr. Just Dolb. Like enough so L. C. J. Nothing more ordinary yau leave a blank for for the Sum and then may be you put it in with other Ink. Mr. Just Dolb. How much do you say was the mony Dr. Plunket Plunk My Lord every Agent that is kept at Rome hath a maintenance as all Countries have their Agents at Rome Mr Just Dolb. How much was it Plunk It was 50 l. a year L. C. J. Look you Mr. Plunket consider with your self 50 or 500 in this Case is not 5 farthings difference but the money was to be raised by your Order Plunket Ay but whether it was not raised to this effect There is never a Nation where the Roman Catholick Religion is professed but hath an Agent for their Spiritual Affairs at Rome and this was for the Spiritual Affairs of the Clergy of Ireland Mr. Serj. Jeff. And the Letter was for Spiritual Affairs too was it not Plunk I desire nothing that is a truth every Nation hath an Agent and that Agent must be maintained and the reason is this because we have many Colledges beyond Sea and so there is no Country of Roman Catholicks but hath an Agent in Rome L. C. J. You had better reserve your self till by and by to answer that the Letter
together for this is but a small part of the Evidence Mr. Att. Gen. About this Letter you were speaking of pray will you tell what fell out about it Moyer I will tell you how it fell out afterwards Then I came along into Marseilles in France and there were 2 Captains that had as much notice as I had in that Letter for they were discoursing that they would advance themselves in the French Kings Service and hoped that by the King of France's help to have the Roman Catholick Faith set up in their own Country why that discourse passed off for I was mightily afraid of any such thing because I was of another opinion for perhaps I might think the Roman Catholick Faith would flourish as well as ever it did and hoped so as well as any body else but not by the Sword As I came to Madrid there came one Hugh O Donnell Son to O Donnell with Letters of Recommendation and those Letters were to intitle the young man Earl of Tyrone and likewise that his Majesty the King of Spain should help him for Ireland according to the form of the Letters he had And then as I came for Ireland speedily after there came Letters of Recommendation to me that I should present sent my self to my Lord Primate to hear Confessions and be heard preach I came to his Lordship at his own House the 9th of December 74 and there he kept me several hours and approved me and the Copy of the Approbation I have to shew And after a long dispute we went aside and went to look Father Patrick and there he shewed me such and such things And after a long discourse I told my Lord Primate I see your Lordships Letter which you sent by young O Neal in such a place and he shewed me the Contents of it and said I Ay my Lord 't is a good Intention Design if it can be done without Bloodshed then my Lord mused a little and said he well Father Francis which is my name in Religion my Christian name is John pray will you keep it secret well my Lord said I you need not fear for said he what ever I have done herein was not for my own good but for the publick good of the Catholicks Well said I 't is well Then does he commend me into the Parish of where this Mr. Murfey here was to put in a Bull that I had from my Lord Primate which Bull was brought here last year and there he proferod me high Promotions if I would further such things and solicite such Gentlemen as I knew would be private in such a business such as were old Commanders among my Friends and Relations Shortly after this I saw Plunket and Bishop Tyrrel and Captain Con O Neal practising to bring Souldiers ready for Ireland assoon as they could get opportunity This Captain Con O Neal coming to the place where we kept our Priory and he and his Brothers were Sons to General O Neal. And there Captain Con comes in the night time and lodges with us and discoursed with his Brother and I because I was his Companion beyond Sea about these matters That he expected my Lord Primate and Bishop Tyrrels coming thither that night to make some proposals about the Church and other Assairs After ten a clock or thereabouts my Lord Primate and Bishop Tyrrel came with others in their company and there they and Father O Neal did consult amongst themselves that they should send Captain Con to France and to Barcellona with such and such Instruments and sending those Instruments away Captain Con departs the Country and goes for France soon after and speedily my Lord Primate undertook that he and Bishop Tyrrel should view Munster and Vlster and other parts of Ireland to see how Affairs stood Soon after my Lord Primate calls a General Provincial Council and sends out his Orders to levy such and such Taxes and Subsides and Warrants to all the Parish Priests that they should give them new Lists to know whether the Numbers they had sent to Rome before would comply with that List And then O Neal went to view the Forts of Charlemont and Dun Gannon whilest those Lords did collect the mony the Orders I have seen with my own proper Eyes and his own man confessed before the Council in Ireland that my Lord gave them under his Hand Mr. Serj. Jeff. What year was this Moyer It was in 76 to the best of my remembrance L. C. J. Look you Sir was this at a Provincial meeting Moyer Yes my Lord a General National Council to send over Instruments to tell them that they were ready to assist any Foreign Army that should help on the design L. C. J. And to raise mony Moyer Yes my Lord. Mr. Just Dolben Have you paid him any mony Moyer I was exempted my self but I have seen others Mr. Just Dolben How many Moyer I believe 30. Mr. Just Dolben It was not then a secret thing but openly done by them Moyer Yes I saw them when they came with Orders there were four Priests and they had a great Cloak-bag going with Orders up and down Mr. Serj. Jeff. Why were you exempted Moyer Because I am a Regular Priest Sir Fr. Withens You say you saw the Orders for raising of mony how do youknow for what it was to be employed Moyer It was there specified down Plunket Can you shew any of the Orders Moyer I could not take them they did not concern me Sir Fr. Withins How was it specified Moyer To Levy so much Mony per Priest I cannot remember the particular Sum but that every Priest should give so much towards an Agent in Rome to Solicite their business and forward it L. C. J. What Year was it Moyer 76. L. C. J. Was any of the Mony specified for raising an Army or bringing in the French Moyer It was both for the Agent and to summon a National Council to get things ready prepared to entertain and accept the French Army when it should come I am not so good in expressing my self in English L. C. J. Your sence is good 't is no matter for your expression Mr. Jones What more do you know Moyer I know that he had the same Council and that they did agree upon the business and this I know by one Patrick Borne and I being willing that this wicked Action should be hindred sent to the next Justice to discharge my self of it which Justice was as favourable to the business as my Lord himself was L. C. J. Will you ak him any Questions Mr. Plunket Plunket I desire to know when he left Ireland Moyer I cannot tell how to number the years but I think it was in 62 or 63 to the best of my remembrance it was 16 or 17 years ago Plunket When did you return Moyer I came back in 74 you know it my Lord. Plunket Very well when did you see the Letter with the young man in Caprennica Moyer In
72. Plunket How then did you know my hand which you had never seen Moyer I have seen it several times to several Instruments to Seignior and I have seen several other Letters of your hand Plunket How did you know my hand Moyer I cannot positively say I then knew your hand but according to relation I heard it from those Cardinals I conversed with at Rome L. C. J. But now you are acquainted with his hand is it the same hand which you have seen up and down in Writings with his name to Moyer Yes my Lord it is the very same hand Mr. Serj. Jeff. I ask you Sir when you came back again and told him you had seen such a Letter under his hand with O Neal did he own it to you Moyer Yes he did own it and that he did not do it for his own benefit but for the publick Mr. Serj. Jeff. Did he desire you to be secret Moyer Yes he did and to be discreet and he would see me highly promoted And my Lord you sent Proposals to me to give me 100 l. that I should not prosecute you according as they told me and they gave me one Guinny in hand for it L. C. J. Some of it came to the hands of Murfey I believe Plunket My Lord I cannot say any thing to this my hands are tyed because my Witnesses are not here My Lord if I had my Witnesses and Records I did not care for all these Witnesses L. C. J. But you know you had time to bring them Plunket My Lord I desire to know whether this be his hand shewing the Paper to Mr. Moyer Moyer Yes I believe it is Plunket I desire it may be read Moyer Yes I am very well satisfied it should Cl. of Cr. Reads For my very Reverend Father Anthony Guardian of Armagh Your Letter Citation 'T is dated in July 78. Plunket He can best read it himself Cl. of Cr. Read it right the Paper being delivered him Moyer My Lord I pity him with all my heart that a man of my own Function should be brought into question for such things as these are he reads Very Reverend Father Guardian 't is dated 1 July 78. Your paternities paternal Letter and Citation homeward I did instantly peruse As for my Lord O. Plunket I wrote a Letter to him the day before I saw your Reverends last that he might cause my Fame which is as dear to me as my Life to be recalled or I should cause his Name to be fixed at every publick place which by the Almighty I will do Nature and all reason compelling me to do it Plunket My Lord I say this he says he came to my house when he came over and I imparted this secret to him yet you see I had denounced him throughout my whole Diocess and he here calls me by all those Names of Elemas Simon Magus and Barjesus and 't is impossible if I had communicated such a secret to him that I would deal so with him Mr. Just Dolben He does not say you imparted this secret to him but he says when he told you of the Letter you answered him but you seemed surprized and mused first L. C. J. You seemed to flatter him then and told him you hoped to see him the best of his Order highly promoted Mr. Just Dolben How came you to fall out Moyer Moyer When first they had this meeting at Brantry seeing a Cloud coming and dreading a War and the consequencies of it I went and applied my self to Sir Hamilton one of his Majesties Privy Councellors in Ireland and I gave in all my Informations December 7 76. Mr. Just Dolb. And thereupon he denounced you Excommunicate Moyer Yes and afterwards when he saw I was in communication and familiar with these Privy Councellors then he was certain I had discovered the matter and then he got a great many devices to get the Letters out of my hand Plunket You shall see under his own hand all the Stratagem of this if I had my Witnesses here you should then see under his own hand upon what account he fell out with me Pray my Lord ask him if this other Letter be his hand Moyer I believe it is my own hand L. C. J. Read it Moyer Reads Very Reverend Father Guardian then speaking My Lord you know that I was loth to discover my self being among People knowing of the Plot. L. C. J. Well read it over Moyer Reads the 23. of April 78 I was somewhat comforted by your Letter But now I hope your Reverence hath considered what wrong I have sustained by my envious Adversaries Calumnies only for standing as I have a Soul to save for your Rights and Priviledges as also for endeavouring to hinder my native Countries ruine and destruction Mr. Just Dolb. Read that again Which he did Plunket Observe that I was his Adversary for standing for the Rights and Priviledges of the Fryers Mr. Just Dolb. As also for endeavouring to hinder his Countries ruine and destruction L C. J. The one and the other were the reason of your falling out Moyer Reads on Moyer My Lord I was I confess a begging Fryar and stood up for the Priviledges of the Fryars Plunket Did you write any Process to Rome against me Moyer No I never did it Plunket My Lord does not he say I was in disgrace at Rome Moyer No nothing of that L. C. J. I don't hear it but what if he did what is that to the purpose Plunket To shew his Contradictions now he says I was great in Rome and but then in his Letter he says I was in disgrace at Rome Now he says all that he had against me was for his Fryers and to hinder the destruction of his Country because I hindred the Fryers to beg there is the Destruction of his Country as he was doing there Upon that he fell out with me and upon that his own Superiors sent this Order L. C. J. We can't meddle with your Superiors Orders they are no thing before us Mr. Serj. Jeff. My Lord I think for the present we have done with our Evidence Plunket My Lord to shew what was part of the falling out I would ask him if he was Indicted for any Crime and found Guilty by a Jury Moyer That was for discovering for I discovered it before Plunket My Lord he confesses he was Convicted for giving Powder and Shot to the Rebels Mr. Just Dolben No no he does not say so produce the Record if you have any of such thing Moyer To satisfie the Court. Mr. Serj. Jeff. Look you Dr. Plunket if you will ask him any questions that by Law he is bound to answer do it of Gods name we will not interpose but if you ask him any questions that may tend to accuse himself we must tell you he is not bound to answer them Plunk He hath been convicted and found guilty he will confess it himself L. C. J. He is not bound to answer
would see they must come between the narrow Seas all along to Vlster 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 though I had the Title of Primate of all Ireland as the Archbishop 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 Vlster 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 Sir Thomas Gascoine as I have heard had a Yorkshire Jury though 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 sit 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 were imprisoned for Robberies and some of the Witnesses were infamous 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 it was only to put off the Trial and now my Witnesses are come to Coventry yesterday morning and they will be here in a few days and so for want of time to defend my self in I was exposed to my Adversaries who were some of my own Clergy whom for their debauched Lives I have corrected as it is well known there I will not deny my self but that as long as there was any Toleration and Connivance I did execute the Function of a Bishop and that by the second of Elizabeth is only a Premunire and no Treason So that my Lord I was exposed defenceless to my Enemies whereas now my Witnesses are come that could make all appear I did beg for twelve days time whereby you might have seen as plain as the Sun what those Witnesses are that began the Story and say these things against me And my Lord for those Depositions of the seventy thousand Men and the Monies that are collected of the Clergy in Ireland they cannot be true for they are a poor Clergy that have no Revenue nor Land they live as the Presbyterians do here there is not a Priest in all Ireland that hath certainly or uncertainly above threescore pounds a year and that I should collect of them forty shillings a piece for the raising of an Army or for the Landing of the French at Carlingford if it had been brought before a Jury in Ireland it would have been thought a meer Romance If they had accused me of a Proemunire for the exercise of my Episcopal Function perhaps they had said something that might have been believed but my Lord as I am a dying man and hope for Salvation by my Lord and Saviour I am not guilty of one point of Treason they have swore against me no more than the Child that was born but yesterday I have an Attestation under my Lord of Essex's hand concerning my good Behaviour in Ireland and not only from him but from my Lord Berkley who was also Governour there which the Kings Attorney saw But here I was brought here I was tried and having not time to bring my Witnesses I could not prove my Innocency as otherwise I might So that if there be any Case in the World that deserves Compassion surely my Case does and 't is such a rare Case as I believe you will not find two of them in print that one arraigned in Ireland should be tried here afterwards for the same Fact My Lord if there be any thing in the World that deserves pity this does for I can say as I hope for mercy I was never guilty of any one point they have swore against me and if my Petition for time had been granted I could have shewn how all was prepense Malice against me and have produced all Circumstances that could make out the Innocency of a person But not having had time and being tried I am at your mercy L. C. J. Well you have nothing further to say in Bar of Judgment you have said all you can Plunk I have nothing further to say but what I have said Then Proclamation was made for silence while Judgement was passing upon the Prisoner L. C. J. Look you Mr. Plunket You have been here indicted of a very great and hainous Crime the greatest and most hainous of all Crimes and that is High Treason and truly yours is a Treason of the highest nature 't is a Treason in truth against God an your King and the Country where you lived You have done as much as you could to dishonour God in this case for the bottom of your Treason was the seting up your false Religion than which there is not any thing more displeasing to God or more pernicious to mankind in the World a Religion that is ten times worse than all the Heathenish Superstitions the most dishonourable and derogatory to God and his Glory of all Religions or pretended Religions whatsoever for it undertakes to dispense with Gods Laws and to pardon the breach of them So that certainly a greater Crime there cannot be committed against God than for a man to endeavour the Propagation of that Religion but you to effect this have designed the Death of your lawful Prince and King And then your design of Blood in the Kingdom where you lived to set all together by the ears to destroy poor innocent people to prostitute their Lives and Liberties and all that is dear to them to the Tyranny of Rome and France and that by introducing a French Army What greater evil can be designed by any man I mention these things because they have all been fully proved against your and that you may take notice and repent of them and make your peace with God by a particular Application for Mercy for all these Faults For it seems to me that against God your Prince and fellow Subjects you have behaved