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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63142	The tryal and condemnation of Edw. Fitz-Harris, Esq., for high treason at the barr of the Court of King's Bench, at Westminster, on Thursday the 9th of June, in Trinity term, 1681 : as also the tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high treason ...	Fitzharris, Edward, 1648?-1681.; England and Wales. Court of King's Bench.	1681 (1681)	Wing T2140; ESTC R34666	112,815	106

this to your Lordship I am then in eminent danger of my Life if I cannot get Ten days to have my Witnesses over I desire I may have but to the One and Twentieth of this Month and then if they do not come you may go on L. C. J. We cannot do it you have had Five Weeks time already Plunket I desire but a few days Cryer Sir John Roberts take the Book look upon the Prisoner You shall well and truly try c. Plunket My Lord I desire to know whether they have been of the Juries of Langhorn or the Five Jesuits or any that were condemned L. C. J. What if they have that is no exception Then the Jury was sworn whose Names follow Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker William Hardy Cl. of Cr. Oliver Plunket hold up thy Hand You of the Jury look upon the Prisoner and hearken to his Charge HE stands Indicted by the Name of Oliver Plunket late of Westminster in the County of Middlesex Dr. of Divinity for that he as a false Traytor against the most Illustrious and most excellent Prince our Sovereign Lord Charles the second by the Grace of God of ●ngland Scotland France and Ireland King and his natural Lord the fear of God in his heart not having nor weighing the duty of his Al●egiance but being moved and seduced by the instigation of the Devil the cordial Love and true and due natural Obedience which true and fait●ful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King do and of right ought to bear utterly withdrawing and contriving and with all his might intending the Peace and common Tranquillity within the Kingdom of Ireland as also of this Kingdom of England to disturb and War and Rebellion against our said Sovereign Lord the King in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas to st●● up and move and the Government of our said Sovereign Lord the King there to subvert and our said Sovereign Lord the King from his Regal Power and Government there to Depose and Deprive and our said Sovereign Lord the King that now is to Death and final Destruction to bring and put and the true Worship of God within the said Kingdom of Ireland by Law established and used to alter to the Superstition of the Romish Church the first day of December in the year of the Reign of our Sovereign Lord Charles the Second now King of England c. the two and thirtieth and divers other days and times as well before as after at Dublin in the Kingdom of Ireland in parts beyond the Seas with divers other false Traitors unknown traitorously did compass imagine and intend the killing Death and final Destruction of our said Sovereign Lord the King and the antient Government of his said Kingdom of Ireland to change alter and wholly to subvert and him our said Sovereign Lord the King that now is from the Crown and Government of his Kingdom of Ireland a●oresaid to Depose and Deprive and the true Protestant Religion to extirpate and War and Rebellion against our said Sovereign Lord the King there to move and levy And to fulfil and accomplish his said most wicked Treasons and Traitorous compassings imaginations and purposes aforesaid he the said Oliver Plunket the said first day of December in the abovesaid Two and thirtieth Year of the Reign of our said Sovereign Lord the King that now is with Force and Arms c. at Dublin in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas Maliciously Devilishly and Traitorously did assemble and gather together himself with divers other Traitors unknown and then and there devilishly advisedly maliciously subtilly and traitorously did consult and agree our said Sovereign Lord the King that now is to Death and final Destruction to bring and from his Crown and Government aforesaid to Depose and Deprive and the Religion of the Romish Church into the Kingdom of Ireland aforesaid to introduce and establish and the sooner to fulfil and perfect his said most wicked Treasons and Traitorous Imaginations and Purposes he the said Oliver Plunket with divers other false Traitors unknown then and there advisedly maliciously and traitorously did further consult and agree to contribute pay and expend divers great Sums of Money to divers Subjects of our said Sovereign Lord the King and other persons unknown to procure th●m the said persons unknown o●r said Sovereign Lord the King that now is Traitorously to kill and the Romish Religion into the said Kingdom of Ireland to introduce and establish And that he the said Oliver Plunket and other Trait●rs unknown afterwards to wit the said first day of December in the Two and Thirtieth Year of the Reign of our said Sovereign Lord the King abovesaid at Dublin aforesaid in the Kingdom of Ireland aforesaid within the Dominion of our said Sovereign Lord the King with Force and Arms c. unlawfully maliciously devilishly and traitorously did receive collect pay and expend divers great Sums of Money to divers persons unknown to perswade and induce divers other p●rsons also unknow● the said false Traytors in their said Treasons to help and maintain against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity and against the form of the Statutes in that Case made and provided To this Indictment he hath pleaded Not Guilty Mr. Heath May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason against Dr. Oliver Plunket the Prisoner at the Bar and it sets forth that the Two and thirtieth year of the King at Dublin in the Kingdom of Ireland he did compass and imagine the Death of the King and to deprive the King of his Kingdom of Ireland and to raise War to extirpate the Protestant Religion in the Kingdom of Ireland and to establish the Romish Religion there And it sets forth further That for the accomplishment of these Treasons the Defendant with several others did meet together at several places at Dublin in the Kingdom of Ireland and elsewhere and at these several meetings did consult and agree to put the King to Death to raise War to extirpate the Protestant Religion and set up the Romish Religion And the Indictment further sets forth that to accomplish these Treasons the Defendent did raise great Sums of Money in the Kingdom of Ireland and did get several persons to contribute several Sums for these Treasons and that the Defendent with others did disburse several Sums of Money to several persons to perswade them and entice them to be aiding and assisting in these Treasons and to recompence them for them To this Indictment the Defendant hath

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 s●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 Cro●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 go●d reason I was one of them that Voted the Impeachment aga●●●t this man Mr. Att. Gen. Are you a Free-holder in Middles●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 Knig●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 caus● 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 Hose● 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 ●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

went away L. C. J. Mr. Fitzharris have you any more Witnesses that you would have called Fitzharris No my Lord. Mr. Serj. Maynard Will you apply them you have called L. C. J. Well have you any thing further to say Fitzharris Yes my Lord I have something further to offer for my self I will tell you what I know since my Witnesses will not do me justice Gentlemen of the Jurie you are my Judges in point of Law as well as Fact and my Bloud will be required at your hands if you do not do me right My Lord I cannot forbear complaining to the Court of the hard usage I received in Prison contrary to the Statute of the 31th of his Majesties Reign greater oppression hath been done to me than to any before my Lord Stafford Sir Thomas Gascoign and others had all the libertie they could desire to enable them to make their defence against their Trial which I have had denied me But my defence consists of two heads and I shall relie upon the Consciences of the Jurie for the issue though my Lady Portsmouth and Mrs. Wall and the rest are pleased to say that I was not employed nor received money for secret services yet 't is very well known I did so As to Mr. Everard when I met with him though now he hath made it a French storie yet if he would tell the truth he knows that it was otherwise he told me he was well acquainted with my Lord of Shaftsbury and my Lord Howard and in several Clubs of the Citie he knew all their Intrigues and that Speech that went by the name of my Lord Shaftsbury's my Lord gave it him before it was printed and he several other things of that kind So then I told him it was a business of the greatest consequence that could be if he would continue those Discoveries And whereas he says I would betray the People to the French Interest it is very well known I was always an Enemie to the French Interest but I humoured him in his discourse and discoursed him to reduce the Paper that he accuses me of under some heads and that Paper I no sooner had but I came to Whitehal with it And though he said he was to have fortie Guinnies and so said Sir William Waller too yet it was onely fortie shillings that he desired for his povertie I would lend him And as to what he talks of three thousand Crowns Pension it is a very unlikely business When I came to Whitehal I was advised to go to my Lord Clarendon or Mr. Hide Accordingly I did shew it to a Gentleman who was to give it to my Lord Clarendon but before he could get to him I was taken Now my Lord I hope what I did was with a designe to serve the King in discovering what was designed against him according as I was employed though both the Secretaries are so unkind as not to declare it when I know I am in the right I am not ashamed to speak it though my life be losed upon it and I refer it to the Gentlemen of the Jurie I was taken before I could come to the speech of my Lord Clarendon Next I hope Gentlemen of the Jurie you will consider these are great Persons that I have to do with and where great State-matters are at the bottom it is hard to make them tell any thing but what is for their advantage and so I am left in a sad condition But my Lord in the next place I think 't is impossible for any Jurie to find me guiltie without prejudging of those Laws which are not to be judged by any Jurie or inferiour Court for if they judge me and bring me in guiltie 't is murder in them and let the Bench tell them what they will 't is of that dang●rous consequence that it overthrows the Government My Lord here is the Impeachment of the House of Commons and here is a Copie of the Votes of the Commons thereupon and though they be not Laws yet they are such Declarations of the Parliament as that afterwards no other Court ought to meddle with that matter and the inferiour Courts do not use to meddle with Parliament-matters and so Gentlemen you will lay at your own doors what would lie at theirs if you meddled not For though the Court have over-ruled my Plea yet the matter is plain before you now who are my Judges and my Bloud will lie at your doors and you must answer it if you do me not justice And there is no insufficiencie of a Plea as to matter of Law will excuse you in point of Fact and you are obliged as you will answer the contrarie to God and your Consciences to do me right And I hope your Lordship and the Jurie will take particular notice of this I have been a close Prisoner and had no manner of help nothing at all allowed me to refresh my memorie which if I had had means to do as I ought I could say a great deal more But this I insist upon If the Gentlemen of the Jurie do bring me in guiltie and convict me they do shed my Bloud and overthrow the Law and course of Parliaments Whereas if they bring me in not guiltie my Impeachment ●●ands good still and I am liable to answer that Impeachment before the Parliament and I hope you will consider the persons I have had to deal with and that it cannot be made so plain as in matters wherein we deal with common persons I submit to what you shall think fit L. C. J. You have done Mr. Fitzharris Fitzharris My Lord I have done onely I would examine one Gentleman if he were here but he does not appear But here 's a Copie of the Impeachment and Votes of the House of Commons I desire I may deliver them to the Jury L. C. J. No no that can't be Fitzharris Sir William Waller does declare upon Oath That for this very thing I was impeached by the House of Commons and that I desire them to take notice of Mr. Serj. Jefferies Therefore you are not guilty Is that the consequence Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury you have heard our Evidence and what the Prisoner hath said The Crime for which he is accused that is High-Treason and 't is Treason in conspiring the death of the King in endeavouring to raise Rebellion here and that in order to destroy the King and the Liberty of all the People and bring them under the slavery of the King of France This is the Treason he was indicted for and the proof of this Treason is very full it is proved to you by three positive Witnesses and all men of credit of whom you cannot have the least suspition They prove to you that Mr. Fitz-harris is the man guilty of this Treason he was the contriver of it he was the mover of it first to Mr. Everard and he gave him those

better advancement of the French coming in Mr. Jones Did he tell you that the money was to be employed that way Mac Legh Yes that the money was to be kept for Arms and Ammunition for the Roman Catholicks in Ireland L. Ch. Just Before you paid it did you receive any order from him Mac Legh Yes I received an order sub paena su●p●nsion●● 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 Plunket Can you shew any of the Orders under my hand Mac Legh Yes I can shew them but only they are a ●ar off I did not expect to have them asked for Plunket Have you no Superiors of your own Mac Legh Yes but you being Lord Primate you could suspend Bishops and inferior Clergy together Plunket When was this Mac Legh In the years 74 and 75. Plunket 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 Neale who I sent to Dublin to discover this Plot. I was in France my self my Lord. Plunket How many years is it since you returned from France Mac Legh In May in the year 78. Plunket Why did you not speak all this while till now Mac Legh I did send one Mr. Henry O Neale 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 Neale speaks of L. C. Just Is not this a very good reason if he had come to Dublin to discover you would have suspended him Plunket But my Lord then he might have shewn my suspension and brought me into a Praemunire Mr. Serj. Jefferies If you please Dr. 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 Tyrrell came there with 40 Horse-men 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 Tyrrell said that he had order from Dr. Oliver Plunkett and others to partake 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. Jefferies Now tell us when this was Mr. Att. Gen. My Lord Henry O Neale and Phelim O Neale speake to the same purpose Mr. Serj. Jefferies Do you remember whether Henry O Neale was there Did he take the Oath of Secresy Mac Legh Yes Mr. Att. Gen. What do you know of any Letters from Plunkett Mac Legh In France I landed at Brest and going through Brittany I met with Bishop Tyrell and Dr. Cray who was my Lord Oliver Plunketts Agent and Duke John of Great Brittany 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 he shewed Dr. Oliver Plunketts 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. Just Did you see those Conditions Mac Legh A Copy of them I did the Governour of Brittany did shew them to the Bishop Mr. Serjeant Jefferies What Language were those Conditions in Mac Legh They were in Latine Sir Mr. Serj. Jefferies Was Edmond Murfy put out of the Diocess Mac Legh Not as I know of L. C. Just 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. Plunkett Plunkett Yes my Lord. Mr. Att. Gen. Will you ask him any Questions Plunket None but what I asked the others Mr. Just. Dolben Then if that is all he hath given you a good Answer to that already he was as forward then as the rest Mr. Att. Gen. Then swear John Moyer which was done Mr. J. 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 to 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 Neales 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 tho they were commendations to enter him into the Colledge de propaganda side 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

against you I thought you did more good in Ireland than hurt so I declare it L. C. J. Have you any more Witnesses If Fitz-Gerard or Commines will come we will hear them Plunket My Lord I have not any more Witnesses L. C. J. Look you Gentlemen of the Jury This Gentleman here Mr. Plunket is indicted of High-Treason and 't is for Conspiring the King's Death and endeavouring to bring the French Army into Ireland for to invade that Kingdom and to plant the Romish Religion in that Kingdom You have had Evidence against him that hath been fully examined And these things do seem to be very plain by the Witnesses That he himself hath taken a Commission or a Grant or what you will please to call it from the Pope to be Primate of Ireland that he hath taken upon him to make Laws as the Provincial and that he hath undertaken and endeavoured to settle the Popish Religion in that Kingdom and in order to that he hath invited the Aid of the French Army and that he hath for the better landing of them looked out what places were most convenient for them That he hash set a Tax upon the Clergy within his Province for the facilitating of all this and for the making preparations for the entertainment of this Army This the Wittnesses testifie against him and that there were some Towns as D●ngannon and another Town that were to be betrayed to the Frenh Now you must consider concerning these Witnesses If you believe the Evidence that hath been given and which hath been repeated by the Kings Counsel and if you believe that he did design to bring in a French Army to establish the Roman Religion there again and that he took upon him to raise money for that purpose survey'd the Ports and made such provisions as the Witnesses speak of and was in that Conspiracy you must find him Guilty I leave it to you it is a pretty strong Evidence he does not say any thing to it but that his Witnesses are not come over Plunkett I can say nothing to it but give my own Protestation that there is not one word of this said against me is true but all plain Romance I never had any Communication with any French Minister Cardinal nor other Then the Jury withdrew for a Quarter of an Hour and being returned gave this Verdict Cl. of Cr. Oliver Plunkett hold up thy hand How say you is he Guilty of the High-Treason whereof he stands Indi cted or not Guilty Foreman Guilty Plunkett Deo Gratia God be thanked Then the Verdict was Recorded and the Court rose And the Keeper went away with his Prisoner On Wednesday 15 mo Junii 1681. Oliver Plunkett was brought to the Barr to receive his Judgment Mr. Att. Gen. My Lord I pray your Judgment against the Prisoner Oliver Plunkett Cl. of Cr. Oliver Plunkett hold up thy Hand Thou hast been Indicted of High-Treason thou hast been thereupon Arraigned thou haft thereunto pleaded not Guilty and for thy Trial hast put thy self upon God and the Country which Country hath found thee Guilty what hast thou to say for thy self why Judgment of Death should not pass upon thee and Execution be thereupon awarded according to the Law Plunkett My Lord may it please your Lordship I have something to say which if your Lordship will consider seriously may occasion the Courts Commiseration and Mercy I have my Lord for this Fact been Arraigned in Ireland and brought to my Trial there At the Day of my Tryal all the Witnesses voluntarily absented themselves seeing I had Records and Witnesses to convince them evidently and shew what men they were and the prepensed Malice that they did bear to me and so finding that I could clear my self evidently they absented themselves on the day of my Tryal no Christian appeared but hither over they come and procure that I should be brought hither where I could not have a Jury that knew the Qualities of my Adversaries or who knew me or the Circumstances of the Places Times and Persons the Juries here as I say were altogether Strangers to these Affairs and so my Lord they could not know many things that conduce to a fair Tryal and it was morally impossible they should know it I have been accused principally and chiefly for surveying the Ports for fixing upon Carlingford for the Landing of the French for the having of seventy Thousand Men ready to joyn with the French for collecting Money for the Agents in this matter for the assisting of the French and this great Utopian Army A Jury in Ireland consisting of men that lived in that Country or any man in th● Wo●●d that hath but seen Ireland in a Map would easily see there was no probability that that should be a place sit for the French to Land in tho' he never was in Ireland yet by the Map he would see they must come between the narrow Seas all along to ulster and the Rocks and such places would make it very dangerous and by their own Confession it was a poor Town and of no strength a very small Garrison which had not been so if it had been a place of any Consideration And whereas I had Influence only upon one Province as is well known tho' I had the Title of Primate of all Ireland as the Arch-Bishop of Canterbury hath of all England yet the Arch-Bishop of York will not permit him to meddle with his Province and 't is well known by the Gentry there and those that are accustomed to the place That in all the Province of Ulster take Men Women and Children of the Roman Catholicks they could not make up seventy Thousand This a Jury there my Lord had known very well and therefore the Laws of England which are very favourable to the Prisoner have provided that there should be a Jury of the Place where the Fact was Committed as Sr. Thomas Gascoine as I have heard had a Yorkshire Jury tho' he was tryed at London And then after my coming here I was kept close Prisoner for six Months not any Christian was permitted to come at me nor did I know any thing how things stood in the World I was brought here the third of May to be Arraigned and I did petition your Lordship to have some time for my Tryal and I would have had it put off till Michaelmass but your Lordships did not think fit to grant so long but only till the eighth of this Month when my Witnesses who were ready at the Sea side would not come over without Passes and I could not get over the Records without an Order from hence which Records would have shewn that some of the Witnesses were Indicted and found Guilty of high Crimes some wer e imprisoned for Robberies and some of the Witnesses were ●nfamous People so I petitioned the eighth of this Month that I might have time but for twelve days more but your Lordship thought when the Motion was made that