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
'd as willingly cast off for to make themselves meaning our said Soveraign Lord the King and the said Duke of York as absolute as their Brother of France And if this can be proved to be their aim meaning our said Soveraign Lord the King and the aforesaid Duke of York and main endeavour why should not every true Britain be a Quaker thus far and let the English spirit be up and move us meaning the Subjects of our said Soveraign Lord the King of this Kingdom of England all as one Man to self Defence Nay and if need be to open action and fling off these intolerable Riders meaning our said Soveraign Lord the King and the said Duke of York And in another place in the said most wicked Traiterous Libâ—l were contained amongst other things these false Seditioâ—s and Traiterous sentences in these English words following J and C. meaning the said Charles our Soveraign Lord the King and his said Brother James Duke of York both Brethren in Iniquity corrupt both in Root and â—ranch as you meaning the subjects of our said Soveraign Lord the King have seen they meaning our said Soveraign Lord the King and the said Duke of York study but to enslave you meaning the Subjects of our said Soveraign Lord the King to a Romish and French-like Yoke Is it not plain Have you meaning the Subjects of our said Soveraign Lord the King not Eyes sense or Feeling Where is that old English Noble Spirit Are you meaning the Subjects of our said Soveraign Lord the King become French Asses to suffer any load to be laid upon you And if you meaning the Subjects of our said Soveraign Lord the King can get no Remedy from this next Parliament as certainly you meaning again the Subjects of our said Soveraign Lord the King will not and that the K. meaning our said Soveraign Lord the King that now is repents not complies not with their advice then up all meaning the Subjects of our said Soveraign Lord the King as one man O brave English men Look to your own defence ere it be too late rouze up your Spirits And in another place in the said most wicked and Traiterous Libel are contained amongst other things these false Seditious and Traitâ—rous sentences in these English words following to wit I. meaning himself the said Edward Fitz-Harris will only add that as it is the undoubted right of Parliaments to make a Law against a Popish Successor who would prove destructive to our Laws and Liberties so it is their undoubted Right to dethrone any Possessor that follows evil ounsellors to the Destruction of our Government Meaning the Government of this Kingdom of England And in another place in the said Traiterous Libel are contained these English words following Then let all meaning the Subjects of our said Soveraign Lord the Kâ—ng that now is be ready then let the City of London stand by the Parliament with offers of any money for the maintaining of their Liberties and Religion in any extream way if Parliamentary Courses be not complied with by the King meaning our said Soveraign Lord the King against the Duty of his Allegiance and against the Peace of our said Soveraign Lord the King his Crown and Dignity c. And against the form of the Statute in this Case made and provided upon this Indictment Upon this Indictment he hath been arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are c. Cryer make proclamation O yes if any one will give Evidence c. Mr. Heath May it please your Lordship and you Gentlemen of the Jury this is an Indictment of High-Treason against Edward Fitz-Harris the Prisoner at the Barr and the Indictment sets forth that the 21. of February in the 33 Year of the King at St. Martins in the Fields he did Compass and Imagin the death of the King and to raise War and Rebellion within the Kingdom And the Indictment does set forth that for the Accomplishment of this he did meet and assemble with one Edmund Everard and several others and did discover this his Traiterous purpose to the said Everard and did perswade him to aid and assist therein and offered him great rewards if he would so do It further sets forth That for the further perfecting of this Treasonable Imagination of the said Edward Fitz-Harris he did frame and make a Treasonable Libel and the Title of the Libel is The true English-man speaking plain English and in that Treasonable Libel are these Treasonable words contained If James be Guilty meaning the Duke of York Charles meaning the King is so too c. And the several words that have been read to you in this Indictment are contained in the said Libel which I shall not repeat To this Indictment he hath pleaded Not Guilty if we prove it upon him you are to find him Guilty Mr. Ser. Maynard May it please your Lordship truly 't is a sad thing to consider how many have been found Guilty of Plotting against the King but none have gone so far as the Prisoner at the Barr for they designed only his Death but this Person would have carried on his Treasons by a means to Slander him while he was alive and thereby to excite the people to such a Rebellion as you have heard I shall add no further words the thing is not aggravatable 't is so great an offence in it self but we will call our Witnesses and go to our proof Mr. Attorney General My Lord Yesterday you had here the Primate of Ireland who was found Guilty for a Notable High-Treason in Ireland you have now this day before you one of his Emissaries who is come over into England and who has here committed one of the most execrable Treasons that ever was brought into a Court of Justice I must needs say that it will appear to all the Auditors this day that here is the Highest improvement of the Popish Plot and aggravated with such Circumstances as shew they have out done themselves in it Hitherto those Cases that have been brought into judgment before you have been the attempts upon the Life of the King in Instances either of Shooting Stabbing or Poysoning I say hitherto they have gone no further than to Practise these things and that by Popish hands they have kept the Plot amongst themselves but now they have gone one Step further that is by attemping to Poyson all the Protestants of England as much as in them â—yes that they should by their own hands destroy one another and their Lawful Prince that is the Treason now before you and I take it with submission they can go no further For 't is impossible to arise to a Higher pâ—ece of malice and Villany than to set the pâ—oples Hearts against their Prince and to set them together by the Eares one against another This we shall prove in the Course of our Evidence to be the
this to your Lordship I am then in eminent danger of my Life if I cannot get Ten days to have my Witnesses over I desire I may have but to the One and Twentieth of this Month and then if they do not come you may go on L. C. J. We cannot do it you have had Five Weeks time already Plunket I desire but a few days Cryer Sir John Roberts take the Book look upon the Prisoner You shall well and truly try c. Plunket My Lord I desire to know whether they have been of the Juries of Langhorn or the Five Jesuits or any that were condemned L. C. J. What if they have that is no exception Then the Jury was sworn whose Names follow Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker William Hardy Cl. of Cr. Oliver Plunket hold up thy Hand You of the Jury look upon the Prisoner and hearken to his Charge HE stands Indicted by the Name of Oliver Plunket late of Westminster in the County of Middlesex Dr. of Divinity for that he as a false Traytor against the most Illustrious and most excellent Prince our Sovereign Lord Charles the second by the Grace of God of â—ngland Scotland France and Ireland King and his natural Lord the fear of God in his heart not having nor weighing the duty of his Alâ—egiance but being moved and seduced by the instigation of the Devil the cordial Love and true and due natural Obedience which true and faitâ—ful Subjects of our said Sovereign Lord the King towards him our said Sovereign Lord the King do and of right ought to bear utterly withdrawing and contriving and with all his might intending the Peace and common Tranquillity within the Kingdom of Ireland as also of this Kingdom of England to disturb and War and Rebellion against our said Sovereign Lord the King in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas to stâ—â— up and move and the Government of our said Sovereign Lord the King there to subvert and our said Sovereign Lord the King from his Regal Power and Government there to Depose and Deprive and our said Sovereign Lord the King that now is to Death and final Destruction to bring and put and the true Worship of God within the said Kingdom of Ireland by Law established and used to alter to the Superstition of the Romish Church the first day of December in the year of the Reign of our Sovereign Lord Charles the Second now King of England c. the two and thirtieth and divers other days and times as well before as after at Dublin in the Kingdom of Ireland in parts beyond the Seas with divers other false Traitors unknown traitorously did compass imagine and intend the killing Death and final Destruction of our said Sovereign Lord the King and the antient Government of his said Kingdom of Ireland to change alter and wholly to subvert and him our said Sovereign Lord the King that now is from the Crown and Government of his Kingdom of Ireland aâ—oresaid to Depose and Deprive and the true Protestant Religion to extirpate and War and Rebellion against our said Sovereign Lord the King there to move and levy And to fulfil and accomplish his said most wicked Treasons and Traitorous compassings imaginations and purposes aforesaid he the said Oliver Plunket the said first day of December in the abovesaid Two and thirtieth Year of the Reign of our said Sovereign Lord the King that now is with Force and Arms c. at Dublin in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas Maliciously Devilishly and Traitorously did assemble and gather together himself with divers other Traitors unknown and then and there devilishly advisedly maliciously subtilly and traitorously did consult and agree our said Sovereign Lord the King that now is to Death and final Destruction to bring and from his Crown and Government aforesaid to Depose and Deprive and the Religion of the Romish Church into the Kingdom of Ireland aforesaid to introduce and establish and the sooner to fulfil and perfect his said most wicked Treasons and Traitorous Imaginations and Purposes he the said Oliver Plunket with divers other false Traitors unknown then and there advisedly maliciously and traitorously did further consult and agree to contribute pay and expend divers great Sums of Money to divers Subjects of our said Sovereign Lord the King and other persons unknown to procure thâ—m the said persons unknown oâ—r said Sovereign Lord the King that now is Traitorously to kill and the Romish Religion into the said Kingdom of Ireland to introduce and establish And that he the said Oliver Plunket and other Traitâ—rs unknown afterwards to wit the said first day of December in the Two and Thirtieth Year of the Reign of our said Sovereign Lord the King abovesaid at Dublin aforesaid in the Kingdom of Ireland aforesaid within the Dominion of our said Sovereign Lord the King with Force and Arms c. unlawfully maliciously devilishly and traitorously did receive collect pay and expend divers great Sums of Money to divers persons unknown to perswade and induce divers other pâ—rsons also unknowâ— the said false Traytors in their said Treasons to help and maintain against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity and against the form of the Statutes in that Case made and provided To this Indictment he hath pleaded Not Guilty Mr. Heath May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason against Dr. Oliver Plunket the Prisoner at the Bar and it sets forth that the Two and thirtieth year of the King at Dublin in the Kingdom of Ireland he did compass and imagine the Death of the King and to deprive the King of his Kingdom of Ireland and to raise War to extirpate the Protestant Religion in the Kingdom of Ireland and to establish the Romish Religion there And it sets forth further That for the accomplishment of these Treasons the Defendant with several others did meet together at several places at Dublin in the Kingdom of Ireland and elsewhere and at these several meetings did consult and agree to put the King to Death to raise War to extirpate the Protestant Religion and set up the Romish Religion And the Indictment further sets forth that to accomplish these Treasons the Defendent did raise great Sums of Money in the Kingdom of Ireland and did get several persons to contribute several Sums for these Treasons and that the Defendent with others did disburse several Sums of Money to several persons to perswade them and entice them to be aiding and assisting in these Treasons and to recompence them for them To this Indictment the Defendant hath
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
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
pleaded Not Guilty If we prove these things you are to find him Guilty Mr. Serj. Maynard My Lord We will quickly come to the Evidence But in short You have heard his Charge is as high as can be against the King and against the Nation and against all that is good The Design and endeavour of this Gentleman was the Death of the King and the Destruction of the Protestant Religion in Ireland and the raising of War And to accomplish this we charge him that there was a Confederacy made Assemblies and Consultations had to these ends and raising Money to accomplish it Gentlemen Dr. Plunket was made as we shall prove to you as they there call him Primate of Ireland and he got that Dignity from the Pope upon this very Design He did by Vertue of that Power which he thought he had gotten make out Warants Significations I know not what they call them to know how many men in Ireland could bear Arms from Sixteen to Fourty he raises Taxes upon the People and the Clergy there But My Lord the particulars will best fall from the Witnesses that we shall call and prove it by and we need not make any aggravation for such a thing as this cannot be more aggravated than ' t is Mr. Att. General May it please your Lordship and you Gentlemen of the Jury the Character this Gentleman bears as Primate under a Forreign and Usurped Jurisdiction will be a great Inducement to you to give credit to that Evidence we shall produce before you We shall prove that this very Preferment was confer'd upon him upon a Contract that he should raise Sixty Thousand Men in Ireland for the Pope's Service to settle Popery there and to subvert the Government The Evidence that we shall give you will prove how it leads to destroy the King and I take it according to the resolutions that have been to raise War in the Kingdom and to introduce a Forreign Power will be certainly Evidence of an Attempt and Machination to destroy the King Assoon as he was in possession of his Primacy he goes about his work There are two great necessaries to be provided Men and Money For men having this great Spiritual Jurisdiction whereby indeed all that are under it are become Slaves he issues out his Warrants to all the Clergy of Ireland to give an Account and make Return from the several Parishes of all the men in them above Fourteen and under Sixty And Returns were accordingly made by them that he might accordingly take a measure what men to pick out for the Service The next thing was Money My Lord and your Lordship takes notice that when the Mind is enslaved the Purse nay all the Body bows to it He issues out his Warrants to his Clergy to make a Collection of Money in all parts great Sums were Levied and when they were Levied we shall give you an accompt by our Proofs that several Sums were issued out and sent into France to further the Business There was also provision made of great Ammunition and Arms and we shall prove in particular several delivered out by this Gentleman's Order to carry on this thing and to go through stitch with this business he takes a view of all the several Ports and places in Ireland where it would be convenient to land For they were to have from France an Auxiliary Forcce and upon his view he pitched upon Carlingford as the place We shall prove the several Correspondencies between Rome and him and France and him and several Messengers imployed and Moneys issued out from time to time for their maintenance This will be the course of our Evidence and we shall begin first with some that do not speak so particularly to this Doctor but prove there was a general Design in all parts of the Kingdom of Ireland to bring in the King of France and extirpate the Protestant Rehgion And then we shall call the particular persons to the particular Facts against him First we call Florence Wyer Who was sworn Mr. Soll. Gen. Are you sworn Sir Wyer Yes Sir Mr. Soll. Gen. Pray give the Court and the Jury an account of what you know of any Plot in Ireland to introduce the Romish Religion or to bring in the French King Wyer Yes I know there was a Plot both before Plunket's time and in his time for it was working in the years 65 and 66. but it was brought to full maturitie in the year 1667. For then Col. Miles Rely and Col. Bourne was sent to Ireland from the King of France with a Commission to muster as many men as he could promising to send an Army of 40000 men with a Commission upon St. Lewis day in August next following to land at Carlingford to destroy all the true Subjects to destroy the Religion as it was established there and to set up the French King's authority and the Roman-Catholick Religion And one Edmond Angle that was a Justice of peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head-Town of the County and fired the Town the Inhabitants fled into the Castle then they came up to the Goal thinking to break it open and by setting the Prisoners free to joyn them with them but then Angle was shot received a deadly wound and dropt off his Horse and they fled So then when they were without the Town one Charles Mac Canell alighted and took away all the Papers out of his Pocket which if they had been found would have discovered all This occasioned Col. Bourne to be suspected and being so suspected he was taken Prisoner and turned to Newgate in Dublin Then Col. Riley fled away again to France and the Plot lay under a Cloud during thâ— life of Primate Raley the Prisoner's Predecessor This Primate Raley died beyond Sea Then many of the Popish Religion would hâ—ve had the Primacie conferred upon one Duffy but the Prisoneâ— at the Bâ—r put in for it which might have been opposed if the Prisoner had not engaged and promised that he would so manage affairs that before the present Government were aware he would surprize the Kingdom provided the Pope and King of France would send a competent Armâ—e to joyn with theirs for the effecting of it So the first Year of his coming over I was in the Frierieâ—at Armagh I was an acquaintance of the Friers and they invited me And one Quine told the Prisoner that they thought Duffy would have been Primate Said he 'T is better as it is for Duffy hath not the wit to do those things that I have undertaken to do meaning that he did undertake to supplant the Protestant Religion to bring in Properie and put the Kingdom under subjection to the King of France Mr. Soll. Gen. How do you know that Wyer Those were the words and in the meaning I knew before because I had heard it talked of L.