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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

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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 ●●e what pra●●ices here are most of the Jury are no Free-holders Cl. of Crown John Pre●●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 Abraha● 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 Ralp● Farr Mr. Att. Gen. Ask him the same Question Cryer Are you a Free-holder Sir Mr. Fa●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 Westmi●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 Brads●aw of Holborn did not appear Isaac Heath of Wapping no Free-holder Edward Hutchins of Westmi●s●er Mr. Att. Gen. We challenge him for the King Cl. of Crown John Lo●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 Vi●er William Withers William Cleave Thomas Go●●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 ●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 w●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 Lib●l were contained amongst other things these false Seditio●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 ●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 Trait●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 K●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 ●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 p●ece of malice and Villany than to set the p●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
little while and they took their Oaths every one round to keep secret the Plot to destroy the Protestant Religion and the Protestants that they might have their Estates again And he said they did not need to fear for said he you have a very good man to assist you and that is the Lord Oliver Plunket and you need not fear but it will go through all Ireland Mr. Att. Gen. Will you ask him any questions Plunket Why did he not discover it before Mr. Serj. Jefferies Were you a Roman-Catholick at that time N. O Neal. Yes and am so still Mr. Paget Jury-man I desire he may be asked how he came to be there L. C. J. You say I think this was at Vicar-general Bradey's how came you to be there N. O Neal. I was there several times before that for my Nurse or my Foster-mother I don't know which you may understand best was House-keeper to him L. C. J. Were you required to take the Oath N. O Neal. No my Lord I was acquainted in the House I had been there two or three weeks before Plunket Why did not you tell it to some Justice of the peace L. C. J. He was a Papist and so he is now N. O Neal. There were many there that were wiser than I that did not discover it L. C. J. How old are you N. O Neal. I believe about two and twentie years old L. C. J. And this was but in 78. Mr. Att. Gen. Swear Owen Murfey which was done Come what say you O. Murfey Mr. Edmond Murfey discovered the Plot he went to one Lieutenant Baker and did discover the Plot to him that there was a designe to bring in the French L. C. J. Speak out aloud I can't hear you O. Murfey All I know is from Mr. Edmond Murfey L. C. J. What do you know of any your own knowledge O. Murfey Mr. Lieutenant Baker told me that he did hear of the French L. C. J. Speak what you know your self O. Murfey If it please your Lordship this is more I saw that Evidence that Edmond Murfey did produce in Ireland when he was sent to the Goal there but without Trial or any thing Mr. Att. Gen. Then swear Hugh Duffy which was done Speak aloud and tell my Lord what you know of this Plot and the Prisoner You know the Prisoner don't you Duffy I know him yes I know him well enough L. C. J. What say you more of him Duffy My Lord I say I have seen this Dr. Oliver Plunket raising several sums of money to carrie on this Plot sometimes 10 s. per An. sometimes 20. Mr. Soll. Gen. Of whom Duffy Of all the Priests in Ireland of every Priest according to his Pension and Parish L. C. J. In all Ireland Duffy Yes L. C. J. And towards the proceedings of the Plot Duffy It was to give to his Agent which was at Rome and for the carrying on the business Mr. Att. Gen. How come you to know this Duffy I was Servant to Dr. Duffy who was infinitely beloved by this man he was Father Confessor to the Queen of Spain there was nothing that happen'd between them but I was by all the time L. C. J. Were you Chaplain to him Duffy Yes L. C. J. You are a Papist then Duffy Yes Mr. Att. Gen. This man is a Friar my Lord. L. C. J. Were you in the Companie with them Duffy Yes I was L. C. J. What did pass there Duffy About the Plot how they could confirm the Plot And this man Plunket said he could prevail with the King of France and the other with the King of Spain Mr. Att. Gen. Pray acquaint my Lord particularly when this was and in what place and what they said Duffy It was in 73 74 and 75 at his own house and at he kept three or four Jesuits there and a matter of a hundred Priests Mr. Att. Gen. What passed in the companie L. C. J. Who else was there Duffy The discourse my Lord was always about the Plot how they could contrive the matter between them and so they did conclude afterwards to raise so much money upon several Priests all the Priests in Ireland sometimes 20 s. sometimes 40. L. C. J. A piece do you mean Duffy Yes Mr. Att. Gen. What discourse had they about the French at any time Duffy Yes a hundred times he talked several times that he did not question but he should prevail with the King of France not to invade Spain And I have seen his Letter to Cardinal Bouillon to expostulate with him about the King of France why he should wage War with the King of Spain who was a Catholick but rather should come and redeem Ireland out of its Heretical Jurisdiction Mr. Att. Gen. Did you see the Letter Duffy Yes Mr. Att. Gen. Why do you know his hand Duffy Yes I know it as well as I know my own I know it if there were a thousand papers together Mr. Att. Gen. And what was the import of it pray Duffy That Cardinal Bouillon should prevail with the King of France not to invade Spain and the contents of the rest of the Letter were That he did admire he should not rather wage War with the King of England who hath been an Apostate and help their poor Country that was daily tormented with heretical Jur●sdiction Mr. Att. Gen. How came you to be in France were you employed Duffy I went to France to live there in a Covent Plunket Did Cardinal Bouillon shew you my Letter Duffy Yes Plunket What year Duffy 77. Mr. Att. Gen. Pray Sir you were speaking of raising of money Duffy Yes Mr. Att. Gen. Did you see any Precept about it Duffy Yes I have seen several Precepts I was Curate to one Father Murfey and while that man was with Dr. Oliver Plunket and other Jesuits I did officiate in his place and he sent his Letters to me to raise 40 s. and 20 s. a time several times L. C. J. You your self Duffy Yes Mr. Att. Gen. What for Duffy It was to send to Dr. who was at Rome Mr. Att. Gen. Did you send any money that you know of Duffy Yes Mr. Att. Gen. Tell what time you gave the money your self Duffy In 73 74 and 75. Mr. Att. Gen. Where Duffy At his own dwelling-place at Mr. Just Jones Of what qualitie was the Prisoner amongst you Duffy He was Primate of all Ireland Mr. Just Jones Under whom Duffy Under whom under the Pope Mr. Just Jones How do you know he was so Duffy We had it in his Writings L. C. J. Did he stile himself so in his Letters Duffy Yes if he writ but to the least man in the Country he would write Oliver us Armacanus Primas totius Hiberniae L. C. J. And so you always understood him Duffy Yes Mr. Att. Gen. Were you present at any of the general Consultations or Meetings Duffy Yes I was Mr. Att. Gen. What number might meet at that time Duffy Five hundred
design of the Prisoner at the Barr. The general design hath been opened to you out of the Indictment to kill and destroy the King and to depose him from his Government and we shall charge him with all those several Overt Acts which I shall open to you First several meetings to consult about this matter at Grays-Inn and several other places which My Lord I think there is no question to be made but is an Overt Act to make High-Treason We shall go further and shew that these designes he had to depose the King and raise his people against him he does declare openly to Mr. Everard which is another Overt-Act within the new Statute We shall My Lord go further yet and prove the great Rewards he hath offered to Mr. Everard for joyning with him and being assisting to him in this affair part in ready mony and part in Annual Pension And there your Lordship will find where the Spring is from whence all these mischiefs arise some foreign power but the Papists the Priests are at the bottom of it they are the Persons that set him on and these must draw in a great Person beyond Sea who must reward this Gentlemen for being a Partner in this Plot. And we shall prove some mony paid in hand But then My Lord that which was the effect of this Consult is the framing this pernicious Libel for so give me leave to call it My Lord the Indictment is modest but when you come to hear the Libel it self read you will find it so and it was not prudence that so Vile a thing should appear upon Record And truly I believe in a Protestant Kingdom 't is the first attempt of this Nature that ever was For My Lord it is to defame the whole Royal Family 't is to stain their Blood and to make them Vile in the sight of the whole Kingdom and of all Posterity My Lord this Libel in its particulars chargeth that most excellent and Innocent Person our late and never to be forgoten Soveraign King Charles the first to be the author of the Irish Rebellion it charges our present Prince with the Exercise of Arbitrary Government to be a Papist to be a person that deprives his Subjects of all manner of Liberty and Property in express Terms it charges him with this than which nothing can be more false for there is none of his Subjects I think but must say that our most Gracious Prince for the time he hath Reigned may Vie with the best 20. years of any of his Predecessours for the preserving the Liberty and Property of the people for giving us p●ace and plenty all our time for the permitting and securing to them the free current of the Law and for securing their Civil and R●ligious Rights My Lord when we have gone through the Evidence about the Contexture and this Libel is read and produced we shall prove the design of it and how it was framed and the Eyes of the world will be opened and you will see that this was no intention no Engine framed to trapan or ensnare any private Person or as it was secretly bruited abroad to be put in such mens Pockets but a piece of the greatest Machivilian Policy that ever was invented and prepared for a publick Press as a Catholick Poyson to infect all the Kings Subjects and excite them one against another And we shall prove that this person in the several methods that I have open'd hath proceeded to Accomplish his Traiterous de●●gns of Dethroning the King nay he hath said 't is resolved among them now that nothing else will do it but the Poysoning the hearts of the people with hatred to their King and malice against one anot●er And when we have proved the matter fully through all the parts we must leave it to the Jury who I question not will do themselves and all other Protestants right as well as their Prince We shall now go to our Evidence and first we will call Mr. Everard but My Lord I would only first observe to you that this Gentleman Mr. Fitz-Harris and Mr. Everard were both imployed in the French Kings service and there acquainted together Mr. Everard came early off and became a Protestant leaving the French Kings service because he found their several Plots and designs upon England Then comes Mr. Fitz-Harris to him and because he looked upon Mr. Edverard not to be rewarded according to his merits invites him over with telling him those things that the Witness himself will tell you back again to the French Interest Then Mr. Everard was Sworn Fitz-Harris Look me in the face Mr. Everard Mr. Everard I will Sir Mr. Att. Gen. Will you acquaint My Lord and the Jury how you came first acquainted with the Prisoner and then tell the several passages between you Mr. Sol. Gen. Tell your whole knowledge of this matter Mr. Everard My Lord I came acquainted with Mr. Fitz-Harris beyond Seas when we both were in the French Kings service and upon Conference with him of late especially about the beginning of February last he renewed his acquaintance though at several times before we had several discourses whereof I did not take much notice but in those meetings in February last and in those Visits he paid me then we had several discourses tending to represent the disadvantages and sufferings I fustained for adhereing to the Protestant and English Interest and besides comparing in the other Ballance what advantages I might expect if I would re-ingratiate my self into their Interest Lord Ch. Just What Interest Mr. Everard The French and the Popish Interest And there was an Opportunity in my hands wherein I might be servicable to my self and others and he told me there were several persons amongst whom were some Parliament men that did adhere to the French Interest and gave an account to the French Ambassador of every daies proceedings and as I was looked upon to be the Author of a kind of Pamphlet that was called an answer to the Kings Declaration concerning the Duke of Monmouth therefore I should be fit to serve them especially to make such another Pamphlet to reflect upon the King and Alienate him from his people and his people from him Whereupon I told him I would do any thing that was for my true Interest but I did conceive with my self that that was none of it He appointed a time when we should meet again but I sent him a Note I could not meet possibly that day which was Munday as I remember the 21. of Februrary However he was impatient and came to me and told me he would give me Heads and instructions tending to that Pamphlet I was to write to Scandalize the King and r●se a Rebellion and Alienate the hearts of the Kingdom and set the people together by the Ears Upon this he gave me some heads by word of mouth assoon as I parted from him I met with one Mr. Savile of Lincolns-Inn and assoon as