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A63140 The tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high-treason at the barr of the Court of King's Bench at Westminster, in Trinity term, 1681. Plunket, Oliver, Saint, 1629-1681.; England and Wales. Court of King's Bench. 1681 (1681) Wing T2139; ESTC R25660 48,436 62

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of hard measure and injustice yet if I have not full time to bring my Records and Witnesses altogether I cannot make my Defence Some were there then some afar off so that it was a miracle that in six or seven Counties they could do so much as they did But they got in seven or eight of them yet there were five or six wanting Therefore I beseech your Lordship that I may have time to bring my Records and Witnesses and then I will defie all that is upon the Earth and under the Earth to say any thing against me L. C. J. Look you Mr. Plunket 't is in vain for you to talk and make this discourse here now you must know that by the Laws of this Kingdom when a man is indicted and arraigned of Treason or Felony 't is not usual to give such time 't is rare that any man hath had such time as you have had five weeks time to provide your Witnesses If your Witnesses are so cautions and are such persons that they dare not or will not venture for fear of being apprehended or will not come into England without such and such cautions we cannot tell how to help it we can't furnish you with Witnesses you must look to get your Witnesses your self if we should stay till your Witnesses will come perhaps they will never come here and so you will escape out of the hands of Justice Do not be discouraged in this the Jury are strangers to you peradventure but they are honest Gentlemen and you shall have no other upon your Jury and you may be confident that if there be not some Fact proved against you that may amount to Treason you shall be discharged they are persons that understand so much and we will direct them so much You shall have as fair a Tryal as if you were in Ireland but for us to stay for your Witnesses or send you back to Ireland we cannot do it Therefore you must submit to your Tryal We heard your Affidavit yesterday and we did then tell the Gentlemen that moved it as much as we tell you You are here to be tried look to the Jury as they are called and except against them if you will Plunk My Lord I desire only to have the favour of time some time this Term. L. C. J. We can't do it Cl. of Cr. Swear Sir John Roberts Plunk I humbly present this to your Lordship I am then in eminent danger of my Life if I cannot get ten days to have my Witnesses over I desire I may have but to the 21th of this month and then if they do not come you may go on L. C. J. We cannot do it you have had five weeks time already Plunk I desire but a few days Cryer Sir John Roberts take the Book look upon the Prisoner You shall well and truly try c. Plunket My Lord I desire to know whether they have been of the Juries of Langhorn or the Five Jesuits or any that were condemned L. C. J. What if they have that is no exception Then the Jury was sworn whose Names follow Sir John Roberts Thomas Harriot Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker William Hardy Cl. of Cr. Oliver Plunket hold up thy Hand You of the Jury look upon the Prisoner and hearken to his Charge HE stands indicted by the Name of Oliver Plunket late of Westminster in the County of Middlesex Dr. of Divinity for that he as a false Traytor against the most Illustrious and most Excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King and his natural Lord the fear of God in his heart not having nor weighing the duty of his Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true and due natural Obedience which true and faithful Subjects of our Said Sovereign Lord the King towards him our said Sovereign Lord the King do and of right ought to bear utterly withdrawing and contriving and with all his might intending the Peace and common Tranquillity within the Kingdom of Ireland as also of this Kingdom of England to disturb and War and Rebellion against our said Sovereign Lord the King in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond this Seas to stir up and move and the Government of our said Sovereign Lord the King there to subvert and our said Sovereign Lord the King from his Regal Power Government there to Depose and Deprive and our said Sovereign Lord the King that now is to Death and final Destruction to bring and put and the true Worship of God within the said Kingdom of Ireland by Law established and used to alter to the Superstition of the Romish Church the first day of December in the year of the Reign of our Sovereign Lord Charles the Second now King of England c. the 32th and divers other days and times as well before as after at Dublin in the Kingdom of Ireland in parts beyond the Seas with divers other false Traytors unknown traiterously did compass imagine and intend the killing Death and final Destruction of our said Sovereign Lord the King and the antient Government of his said Kingdom of Ireland to change alter and wholly to subvert and him our said Sovereign Lord the King that now is from the Crown Government of his Kingdom of Ireland aforesaid to depose deprive and the true Protestant Religion to extirpate and War and Rebellion against our said Sovereign Lord the King there to move and levy And to fulfil and accomplish his said most wicked Treasons and Traiterous compassings imaginations and purposes aforesaid he the said Oliver Plunket the said first day of December in the abovesaid 32th Year of the Reign of our said Sovereign Lord the King that now is with Force and Arms c. at Dublin in the Kingdom of Ireland then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas maliciously devilishly and traiterously did assemble and gather together himself with divers other Traitors unknown and then and there devilishly advisedly maliciously subtilly and traterously did consult and agree our said Sovereign Lord the King that now is to Death and final Destruction to bring and from his Crown and Government aforesaid to depose and deprive and the Religion of the Romish Church into the Kingdom of Ireland aforesaid to introduce and establish and the sooner to fulfil and perfect his said most wicked Treasons and traitorous imaginations and purposes he the said Oliver Plunket with divers other false Traitors unknown then and there advisedly maliciously and traiterously did further consult and agree to contribute pay and expend divers great Sums of Mony to divers Subjects of our said Sovereign Lord the King and other persons unknown to procure
To know what men in Ireland were able to bear Arms. M. Just Jones What was the number contained in your List Duffy 250. Mr. Just Jones What in one Parish Duffy Yes Mr. Serj. Jeff. What was the Parishes Name Duffy Coghan Mr. Att. Gen. Do you know any thing of his going to view the Ports Duff I accompanied him to Carlingford Mr. Att. Gen. Did you Duff Yes in person I did Mr. Serj Jeff. What did he say Duff He went round about the place where some of the Custom-Ships come in there was a great Castle there near the Sea and he went to view the place and could not get a Boat And there was a great talk of Carlingford to be one of the best Havens in Ireland there was no great Garrison at the place and any Ship might come to the Gates of the Town and surprize it being a little Town Mr. Att. Gen. What did he conclude upon that Duff That he might get the French Army to land safely there Mr. Att. Gen. What do you know of delivering any Amunition and Arms Duff He did send some of this mony to get Amunition into Ireland Plunket You say you were Murfey's Curate Can you shew any such Institution as you say came to you to raise Mony Duff I could have brought them but I thought it needless Plunket Can you name any other person I received mony from Duff I have seen your Paper of the County of Monaghan Plunk Have you seen any of them pay any monies Duff Yes I have seen Twenty of them pay mony Mr. Just Dolben Why you are acquainted with this man are you not Mr. Plunket Plunk My Lord I believe I have seen him Mr. Just Dolben Don't you know he was Chaplain to Bishop Duffy Plunket No I never was in his company Mr. Serj. Jeff. Pray tell him what time of the year it was that you were at Carling ford Duffy It was at the end of the Year 77 and the beginning of the Year 78. Mr. Att. Gen. Pray if you can recollect was you once or twice or twenty times in his company Duff As I am a Christian I have been a hundred times in his company And when you were creating Priests you would always send for me to be present and I wonder how the man should forget himself Plunket I do not say I have not seen him or that I am a stranger to the man but in the company of Bishop Duffy I never saw him nor I never sent him Orders to pay any mony and if he did pay any mony he might shew the Order Mr. Serj. Jeff. If he did pay any mony you did ill to take it Mr. Att. Gen. Pray let him have fair play to ask any Questions Mr. Soll. Gen. Tell how you came to remember that you saw him at Sir Nich. Plunkets Duff Dr. Duffy did send me to Sir Nicholas Plunkets and I met Dr. Plunket as I was coming out of the City I had been half a year at the Spanish Embassadours and he sent me for Ireland again and then I lived at the Convent in Dublin and then when I knew that he would come to Town I went to Rings end where the Ships came in to meet him Plunk You say you were with him at my house Duff Yes Plunk If you were you were invisible But I ask you why did not you tell this to some Justice of the Peace Mr. Just Dolben Good Mr. Plunket he tells you he was as willing to forward it then as you L. C. J. How come you now to change your mind Duffy I went into France in 77 and I was not a year there altogether but when I have seen how the poor people there are brought into such slavery by the French King I thought of it and had rather the Devil should reign over us than the Frenchman Mr. Just Dolben He gives you a very good rational account why Duff I have been at Sir Nicholas Plunkets and Dr. Patrick Plunkets where there fell some variance about something this man had done to Father Duffy Says Bishop Duffy I might have had you drawn and quartered if I were as ill a man as you and I might have been Primate of Ireland if I would have undertaken those things that you undertook Upon that says Sir Nicholas Plunket What is that Why it was said it was to raise 60000 men in Ireland at any time whenever the French or the Spanish King should wage War with England Scotland or Ireland And this man did confess before my face to Father Duffy that it was not only to exalt himself but all the Roman Clergy and all the Gentry that had lost their Estates Plunk Mr. Duffy one word with you Is not this out of malice to me for correcting some of the Clergy Duff You had nothing to do with me for I was a Friar Mr. Att. Gen. Swear Edmond Murfey which was done Tell your whole knowledge of Dr. Plunket and the Irish Plot. Murf. May it please you my Lord. I was one of the first Discoverers of this Plot but of nine Witnesses I have but one in Town L. C. J. Well tell your own knowledge Murf. Now I beg your Lordship as to Dr. Plunket that you will respit it till next Term I could bring ten Witnesses Mr. Att. Gen. Do you speak your own Evidence Murfey I refer it to the King and Council what Evidence I have given L. C. J. Do not trouble your self be directed a little you are here now to speak what you know concerning any Treasons or any other matters against the King done by Dr. Plunket speak your own knowledge for as to other Witnesses we do not call you Murfey If I be called in question for this Evidence Mr. Att. Gen. Come Sir you have been at the Spanish Embassadors lately answer my Question Have you ever been with Plunket in Ireland Murf. Yes Sir Mr. Att. Gen. Have you ever heard him own himself Primate of Ireland Murf. Yes Titular Primate Mr. Att. Gen. Under whom did he claim that Authority under the King or under the Pope Murf. I think he could not be under the King at all Mr. Att. Gen. Under whom then Murf. It must be either the King or the Pope L C. J. Answer me directly Did he claim to be Titular Primate under the Pope Murf. I suppose he did L. C. J. Was he reputed generally so to be Murf. Yes my Lord. Mr. Att. Gen. Mr. Murfey remember what you swore before the Grand Jury pray recollect your self whether that be true and tell all L. C. J. You are upon your Oath you must speak the truth and the whole truth you must not mince or conceal any thing Mr. Serj. Jeff. Were you sworn before the Grand Jury Murf. I was sworn before the King and Parliament Mr. Serj. Jeff. Did you give in any Evidence to the Grand Jury Murf. Yes I did Mr. Serj. Jeff. Was that you swore before the Grand Jury true upon your Oath Murf.
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 Duff 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 Jurisdiction Mr. Att. Gen. How came you to be in France were you employed Duff I went to France to live there in a Covent Plunk Did Cardinal Bouillon shew you my Letter Duff Yes Plunk What year Duff 77. Mr. Att. Gen. Pray Sir you were speaking of raising of Mony Duff Yes Mr. Att. Gen. Did you see any Precept about it Duff Yes I have seen several Procepts 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 Duff Yes Mr. Att. Gen. What for Duff It was to send to Dr. _____ who was at Rome Mr. Att. Gen. Did you send any Mony that you know of Duff Yes Mr. Att. Gen. Tell what time you gave the Mony your self Duff In 73 74 and 75. Mr. Att. Gen. Where Duff At his own dwelling-place at _____ Mr. Just Jones Of what Quality was the Prisoner amongst you Duff He was Primate of all Ireland Mr. Just Jones Under whom Duff Under whom under the Pope Mr. Just Jones How do you know he was so Duff We had it in his Writings L. C. J. Did he stile himself so in his Letters Duff Yes if he writ but to the least man in the Country he would write Oliverus Armacanus Primas totius Hibernioe L. C. J. And so you always understood him Duff Yes Mr. Att. Gen. Were you present at any of the general Consultations or Meetings Duff Yes I was Mr. Att. Gen. What number might meet at that time Duff Five hundred men and women Mr. Att. Gen. Where was this Duff At Clouds Mr. Att. Gen. What was the occasion and design of that meeting Duff Confirmation from the Bishop Mr. Att. Gen. And what was done there besides Duff The second thing was that the Gentlemen of the three Counties should conclude together about this matter L. C. J. About what Duff About joining the French and Spanish together Mr. Just Dolben Where was that meeting Duff In the County of Monaghan Mr. Just Dolben Was the Prisoner there Duff Yes he was the chief man L. C. J. When was this Duff In 71 to the best of my knowledge Mr. Just Dolben Were you there your self Duff Yes Mr. Att. Gen. What was the transaction of that day besides the Sacrament of Confirmation Duff It was agreed that the Gentry of Armagh Monaghan and Conaght should join together and then they went into a private Council to get a List of all the Officers that were in the last Rebellion and those that lost their Estates Mr. Att. Gen. How do you know that Did you go into the Consult Duffy Yes I was in the same Consult my self and was as willing to proceed in the matter as any one in the world L. C. J. Where was this Duffy Within two miles of Clouds at one Father house L. C. J. Was that at the time when there were so many persons met Pray speak what was done there besides Confirmation Duffy Why they were withdrawn aside into a Garden some stood up and some sat down and Oliver Plunket stood in the middle of them all as a Prelate and every one kneeled before him and kissed his hand Mr. Att. Gen. What was then said Duffy Then they did consult and gave special Order to some of them to get a List of all the Officers in the late Rebellion and that losed their Estates and that they should be more forward than others to proceed in that wicked Design L. C. J. What was that Design Duffy To destroy all the Protestants together Mr. Att. Gen. Was it to mingle the Irish and Spanish and French Army together Duffy Yes it was Mr. Att. Gen. Did you hear the Prisoner speak about it Duffy Yes and he made a Speech before them concerning our own Faith and Religion Mr. Att. Gen. Was there any mention of Mony at that time Duffy It was that every man of them that could dispose of Mony should provide some for those Gentlemen that would soon come into Ireland Mr. Serj. Maynard Who were those Gentlemen Duffy The French Army and the Spanish Army together Mr. Att. Gen. Were you at any other meeting Duffy No. Mr. Att. Gen. After he was taken do you know of any Order he sent out to gather Mony Duffy Yes at the Assizes of Dalkieth I think it was in June two years ago he was apprehended Mr. Att. Gen. Indeed he was first apprehended as a very busie Papist Duffy I have seen two or three several Ordors to raise Mony and for the same purpose and that it was the only time to bring the matter to an end when he lay in Gaol himself Mr. Att. Gen. Was that the effect of the Letter Duffy Yes and that the French and Spanish Kings should take this advantage that now was offered whilst he was in Prison Mr. Just Jones You say some mony was sent to Dr. Cray Duff Yes Mr. Just Jones To what end Duffy To comply with this design Mr. Jones Where was that Dr. Cray Duffy He was at Rome he was made a Bishop there Mr. Att. Gen. Who employed him there Duffy This man employed him always L. C. J. What was his Name Duffy Cray Mr. Jones You say some of the Priests paid some 20. some 40. Duff Yes Mr. Jones Did the Lay Gentry agree to pay nothing Duffy I don't know for the Gentry L. C. J. But I think you paid something your self Duffy Yes I paid for two or three years my self L. C. J. And that was for the Design Duff Yes for the French Spanish Army all the purposes together Mr. Att. Gen. What do you know of any Precept to be given in of all sorts of persons of such an age Duffy I gave a List of the age of every person from 16 to 60. Mr. Att. Gen. By whose Order Duffy By his Order M. Serj. Jeff. To whom did you give it Duffy To Dr. Plunket Mr. Serj. Jeff. That is to the Prisoner Duffy Yes out of my own Precinct Mr. Att. Gen. Had you an Order from him Duffy Yes it was directed to the Parish-Priest and I being Curate in his place received the Order Sir Fr. With. To what purpose was it Duffy