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
I Do appoint FRANCIS TYTON and THOMAS BASSET to Print the Tryals of EDWARD FITZ-HARRIS and OLIVER PLUNKET and that no others presume to Print the same Fr. Pemberton 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 D r Oliver Plunket Titular Primate of Ireland for High-Treason at the Barr of the Court of King's Bench the same Term. LONDON Printed for Francis Tyton and Thomas Basset Booksellers in Fleetstreet 1681. Trinity Term 33 Car. 2. Regis On Thursday 9. June 1681. Edward Fitz-Harris was brought to the Barr of the Court of Kings-Bench and the Court being sate proceeded thus Mr. Thompson MY Lord I â—oved you the other day that before Mr. Fitz-Harris Tryal he might give such evidence as he had to give against Sir John Arundel and Sir Richard Beiling concerning the death of Sir Edmundbury Godfrey before he be convicted of Treason and we understood that it was the direction of the Court That we might move it this morning before Conviction that he might declare upon Oath here in Court what he knows of that matter against those Gentlemen for after he is convicted I believe it will be too late for us to think of it Mr. Godfrey hath a great deal of reason to desire what I now move that his Brothers Murderers may be prosecuted and we hope all the favour that can be granted in such a Case will be granted unto us for there has been a design of late set on foot to make it be believed that Sir Edmundbury Godfrey murdered himself notwithstanding that clear Evidence that hath been already given of this matter and notwithstanding that several persons have been Convicted and attainted upon that Evidence So that these Gentlemen think themselves obliged to prosecute this matter as far as they can and begg of your Lordship that what can be done for them may And particularly that he may perfect his Discovery against the two named at his last Examination before the Grand-Jury and that his Examination about them may now be taken by the Court. Lord Ch. Justice Look you Mr. Thompson That that you moved before had some reason in it that he might be examined and give Evidence to a Grand-Jury and we told you he should but if there be never a Grand-Jury Sworn yet who can he give Evidence to would you have us take his Examination and afterwards give it in Evidence to the Grand-Jury Mr. Thompson My Lord I only say then 't is our hard hap that he is not examined before a Grand-Jury Lord Ch. Justice But do you think it is fit for you to move this â—ow Mr. Thompson My Lord I understood it was permitted me by the Court the other day to move again and I move by the direction of my Client and I submit it to your Lordship Lord Ch. Justice You know it cannot be granted go on and swear the Jury Fitz-Harris My Lord I begg that my Wife and Solicitor may be by to help and assist my memory Lord Ch. Justice Let your Wife be by you if she please and if you think 't is any advantage to you with all our hearâ—s If she will let her go down to you Cl. of Crown Cryer make an O yes whoever can inform c. Mr. Att. General My Lord I know not what the effect of this may be if his Wife be instructed to instruct him that ought not to be permitted with submission suppose she should come to prompt him and for certain she is well Documentized that your Lordship won't suffer Mr. Ser. Jeff. My Lord she comes prepared with papers in her hand Mrs. Fitz-Harris I won't shew them without my Lords permission Lord Ch. Justice If she brings any papers that are drawn by Council prepared for him without doubt 't is not to be allowed Mrs. Fitz-Harris No no 't is only my own little Memorandums Lord Ch. Justice Whatsoever is written by her Husband for help of his memory in matter of Fact let her do it Fitz-Har My Lord I humbly begg my Solicitor may be by me too Lord Ch. Just We allow no Solicitors in Cases of High-Treason Cl. of Crown Edward Fitz-Harris hold up thy hand which he did those good men which thou shalt hear called and personally appear c. Fitz-Harris My Lord I desire they may be distinctly named as they are in the Pannel that I may know how to make my Challenges Mr. Sol. Gen. My Lord I must humbly offer it to your Lordshipâ— Consideration for the Precedents sake whether any Person can assist the Prisoner as to matter of Fact Lord Ch. Just Yes and 't is alwayes done to take notes for him and to help his memory Mr. Ser. Jefferies But my Lord I would acquaint your Lordship what is the thing we find in this Case Here is a particular Note given into the Prisoner of the Jury pray be sure to challenge such and such and don 't challenge the rest God-forbid but his memory should be help'd in matters of Fact as is usual in these Cases but no Instructions ought to be given him sure And My Lord the Example will go a great way and therefore we are in your Lordships directions about this matter Fitz-Harris My Lord I hope 't is but just for I have had all the disadvantages in the World I have been kept cloâ—e Prisoner and have not been permitted to have any one come to me to help me in my preparation for my Tryal Mr. Att. Gen. My Lord I pray your Judgment in point of Law I doubt not you will do the King right as well as the Prisoner I could not get a Copy of the Pannel till last night about 4 a Clock â—ere is prepared a Copy with crosses and marks who he should challenge and who not and truly My Lord since I had the Pannel upon looking over it I do find the Sheriff hath returned three Anabaptist Preachers and I know not how many Fanaticks and since there are such Practices as we find in this Case we doubt there may be more and therefore I pray she may be removed Mrs. Fitz-Harris I will not be removed Fitz-Harris Is it fit or reasonable for me that I should stand here without any help Mr. Att. Gen. In case you be Guilty of this you deserve no great favour Mrs. Fitz-Harris Surely the Court will never suffer the Kings Council to take away a mans life at this rate Lord Ch. Just Mrs. Fitz-Harris You must give good words And if you will not be modest and civil I promise you we will remove you presently Mrs. Fitz-Harris If you do remove me that is the worst you can do to me what should I come here for without I may help my Husband Lord Ch. Just If she do bring hâ—m instructions to except against such and such Jury men she does misbehave
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 sâ—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 Croâ—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 goâ—d reason I was one of them that Voted the Impeachment agaâ—â—â—t this man Mr. Att. Gen. Are you a Free-holder in Middlesâ—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 Knigâ—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 causâ— 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 Hoseâ— 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 â—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
'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
near the King Mr. Attorn Gen. Did you know that ever he was admitted to the King Mrs. VVall. Never but he hath been talking with me in a Room as the King passed by Mr. Attorn Gen. Did the King ever take any notice of him speak to him Mrs. VVall. The King never took notice of him nor spoke with him by my means nor gave him mony other than what I speak of nor the Dutch of Portsmouth L. Ch. Just Look you Mrs. VVall I think you do say that there was some mony paid to Mr. Fitz-harris pray speak plain upon what account was it paid Mrs. VVall. My Lord it was for the bringing of my Lord Howard of Escrick who is there since you press me to it I must tell I think my Lord will not deny it Lord Howard I will never deny the Truth Fitz-Harris Where was my Lord Howard of Escrick Mrs. VVall. He was not so much for the King's Interest or that which they call the King's Interest Fitz-Harris How long is this since Mrs. VVall. Two Years ago since he came first to me but whether it be a Year and an half since my Lord met with the King I cannot tell Fitz-Harris When my Lord was admitted in to the King I did wait on him to that purpose to bring in my Lord Howard Mrs. VVall. I desire that my Lord Howard may be asked whether he don't remember when the King was coming Mr. Fitz-harris was put out of the Room first Fitz-Harris You say I never shewed any Libel to the King Mrs. VVall. I tell you what I said since to this Gentleman that is here I wish you shad shewn the Libel unto me that I might have been in a capacity of saving your Life Fitz-Harris You said that I had the 250 l. for bringing in my Lord Howard Mrs. VVall. I say it was upon promise to bring in Persons that would be useful and serviceable to the King L. Ch. Just She is your own Witness and she tells you two Persons you did undertake to bring in and for that you had this Mony Mrs. VVall. It was his Poverty and this together Mr. Serj. Jefferies Mrs. VVall I conceive he never discovered this Libel unto you but pray did he ever discourse with you about Everard and what Character did he give him Mrs. Wall Once he did and he said he was an honest Man and asked me if I would be acquainted with him I told him No for he had a knavish Reputation he was an Informer and I cared for no Informers Fitz-Harris Mrs. Wall to let the World see how you shuffle about me When did the King see my Lord Howard first when I brought him Mrs. Wall I don't know ask my Lord Howard Fitz-Harris Did not I speak to the King in the outer Room and did not you get me to make a stand there Mrs. Wall Mr. Fitz-harris don't make me tell that thing Fitz-Harris Pray speak the Truth Mrs. Wall Mrs. Wall I defie you and all Mankind to say I do otherwise You did desire me to tell the Duke that you would first bring my Lord to him and then to the King and I spoke to the Duke and he said you were a Rascal and he would not meddle with you this you know Fitz-Harris Did not my Lady Portsmouth tell me the Duke was angry c Mrs. Wall Mr. Fitz-harris when you came to me upon such an Errand was it reasonable that I should bring you upon every trifle to the speech of the King and I should not bring you then 't is without sense and reason L. Ch. Just You must not ask Questions but Answer And Mr. Fitz-harris do you design to detect Mrs. Wall of Falshood she is your own Witness you consider not you can get nothing by that Fitz-Harris My Lord when you see the Papers produced you will find it is upon another account Mrs. Wall Is this your hand Mr. Fitz-harris Shewing him a Paper Fitz-Harris But is not this upon the account of a Pension granted in Ireland Pray let the Gentlemen of the Jury see this is of another different nature I appeal to my Lord Howard of Escrick whether he did not speak to my Lady about it Lord Howard I did so Mrs. Wall My Lord did second my Lady to get you some Charity Fitz-Harris So that the mony received here was plainly upon another account L. Ch. Just Look you if you will have any Papers read they shall be read But the Gentlemen of the Jury must not see any Papers but what are read Then the Petition of Mrs Fitz-harris and the King's Letter to the Duke of Ormond was read about a Pension in Ireland Fitz-Harris My Lord if you please I have something further to say to Mrs. Wall But I desire to ask Mr. Cowling a Question and that is Sir What Mrs. Wall said to you about my Business Mr. Cowling My Lord I think the day after this Man was examined in the Council I came to Mrs. Wall and she told me That the sâ—cond or third night before he was taken he came to her to bring him to the King but she sent down stairs that she would not let him come up But asked him why he did not go to one of the Secretaries of State No said he I can't go thither wiâ—hout being taken notice of but I 'le tell you my Business No said she if you will write down your Business and give it me in a Paper I will carry it to the King and if the King have a mind to speak with you you shall be sent for No said he I will not do that Then said she I must bâ—g your pardon if I don't bring you to the King And Mrs. Wall said further to me truly her Blood did chill when she said so for she was afraid he was come to do the King a mischief Mr. Attorn General This was three or four nights before he was taken Fitz-Harris Is Sir Robert Thomas here He did not appear Then I desire my Lord Howard to stand up Lord Howard Have you any thing to say to me Mr. Fitz-harris Fitz-Harris Yes my Lord if you please My Lord I desire your Lordship will please to tell what my Lady Portsmouth did express to you concerning me at your coming thither and whether I did not introduce your Lordship and how civil she was to me upon that account and how she undertook to get my Quit-Rent for me Lord Howard Sir I shall answer as particularly as I can all your Questions but it will be necessary to introduce my Evidence with the Relation of the whole Transaction You know about October last about the beginning of the month for it was as I take it ten days or a fortnight before the â—itting down of the Parliament You did make Applications to me in the Name of the King whether with or without his privity I cannot say but you did make several invitations to me of putting my self into the possession of an Honour
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
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
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.
C. J. Who was the first of these Primates you speak of Wyer Edmund Raley He set this business on foot first L. C. J. About what Wyer About calling the Rebels together out of the North when they came to Longford L. C. J. What Year was that Wyer It was in the year 67. L. C. J. When died he Wyer He died a little while afterwards L. C. J. Then Duffy would have it conferred upon him Wyer Yes after Raley's decease he would have had it conferred upon him and there was a contention between him and the Prisoner who did engage he would bring things to that full maturity that before the present Government were aware he would do the work L. C. J. How do you know this Wyer I know this because I had an account of it from certain School-fellows that were with me in Ireland then studying in Rome they wrote this to me desiring me I would take a good heart with the rest of my Country-men and assuredly in a short time the Kingdom would be relieved and the Irish restored to their former patrimonies L. C. J. This you speak of their information What do you know of your own knowledge Wyer All that I know is he coming into the Friery of Armagh L. C. J. About what time Wyer It is either 10 or 11 years ago and there was a Fast there and I was invited by the Friers being their acquaintance one Quine one of the Friers told him L. C. J. Told whom Wyer The Prisoner that he did expect Duffy should have been Primate but the Prisoner made answer 'T is better as it is for Duffy had not the wit to manage the things that I have undertaken for the general good of our Religion L. C. J. Now tell me this What things were those he had undertaken did he explain himself Wyer No further than those words But I did conceive this was his meaning because I knew partly of it my self knowing of the former Plot. L. C. J. I ask you onely what words came from him and you say they were That Duffy had not the wit to manage what he had undertaken for the general good of their Religion Wyer Yes and then again in his Assemblie kept by him he charged his inferiours to collect such several sums of money as he thought fit according to the several Parishes and Dignities to assist and supplie the French Forces when they came over L. C. J. How know you that Wyer I have seen the Money collected and I have seen his Warrant sub poena suspensionis to bring it in to redeem their Religion from the power of the English Government Again there were those Rebels that went to Longford L. C. J. What time were those Collections Wyer From time to time since he came into Ireland L. C. J. About what time Wyer 9 Year 8 Year 7 Year ago and the last Year of all L. C. J. Then it was several times you say Wyer Yes and he procured the Macdonels a piece of money out of the Exchequer pretending to do good service to his Majestie but he sent them for France meaning they should improve themselves and bring themselves into favour with the King of France and come over with the French King to surprize Ireland This one of the said Rebels told me So I have seen the Prisoner's Letter directed to the grand Torie Flemming desiring that they should go to France and he would see them in spight of all their Eâ—emies in Ireland â—afe ashoar And Flemming should return again a Colonel to his own glory and the good of his Country Mr. Att. Gen. Do you know his hand Wyer Yes I do as well as my own I have seen Capt. O Neal Son of General O Neal coming every Year into Ireland and carrying three Regiments to the French King into France and he used to come over to Ireland every Year to get a recruit and he did get my Brother to go with him and so much importun'd me that I could hardly withstand him but I did not yield to his desire He told me it was to improve me for my good to improve my self in Military Discipline and then I should return for Ireland a Captain under the French King to surprize the Kingdom and settle the Popish Religion and then I should be restored to my Estate L. C. J. Who told you this Wyer Capt. O Neal. And in the mean while says he I hear Dr. Plunket is the onely man entrusted in Ireland to make these preparations and get things ready against the French King 's coming who is to land at Carlingford Mr. Att. Gen. How often were you in the Doctor 's company Wyer Not very often Plunket I never saw him with my eyes before in all my life Wyer I have seen him in the Priory the first year that he came over to Ireland and you know the meetings held at George Blykes house in the Fives and I have seen him in his own house Mr. Just Dolben How come you to know the Prisoners hand Wyer Because I was well acquainted with his hand seeing his hand amongst the Priests Mr. Just Dolben Did you ever see him write Wyer Yes in the Priory and in his own house Mr. Just Dolben How often Wyer Not often Mr. Just Dolben How often Wyer Ten or a dozen times I should know his hand from all the writing in London if it were among never so many Let me but see it I will know it L. C. J. Have you ever heard him own himself Primate Wyer Yes my Lord he writes himself Oliverus Armacanus Primas Metropolitanus totius Hiberuiae that is his Stile L. C. J. Who did he say made him Primate Wyer The Pope my Lord. L. C. J. Have you heard him say so Wyer Yes I heard him discourse of it in the Priory Mr. Att. Gen. He was a publick Officer and they might well know his hand L. C. J. I believe any body that hath seen us write but a little would soon know our hands Wyer His hand is as well known over Ireland as mine is among my acquaintance L. C. J. Well go on Wyer During the time of his Imprisonment I have seen his Commands to some of his inferiour Dignitaries commanding them sub poena suspensionis to bring in the monies assessed for bringing in the French Armie and that there was no better time than the time of his imprisonment to bring it in L. C. J. Who were they you say that were commanded sub poena suspensionis Wyer Since his taking I have seen in the time of his Imprisonment his Commands to his inferiour Dignitaries not to be forgetful of the Monies that were assessed towards the supplying the French Army and that rhere was no better time to bring in the French than when he was in prison L. C. J. How long ago was that Wyer The first of February 79. The second and last of it was in July and November last L. C. J. And
related mueh to his Majesties Person and Government and the King did say in as much as he made great Protestations of his Zeal for his Service he did Countenance and give him some Money I know nothing more Mr. Att. Gen. Did the King ever declare that he saw Fitz-Harris in his Life or that he ever was in his Presence Mr. Sheriff Yes Mr. Att. Gen. Ay but before his appearing at the Council Table did the King ever say he saw him or before he was Arrested for this Fact Mr. Sheriff Yes his Majesty was pleased to say about three Months before he came to him and pretended he would discover a great Plot to him L. C. J. Have you any other Questions to ask Mr. Sheriff Fitz-Harris No. Where is Colonel Mansel Dr. Oates My Lord I desire that if the Prisoner have any more Questions to ask me he may do it because the Croud is great and I would go out Fitz Harris Sir I have many more Questions to ask you I desire you would please to stay L. C. Just You must stay if he have any more Questions to ask you Here is Col. Mansel what say you to him Fitz Harris Col. What did you hear Sir William Waller say after this Discovery was made Col. Mansel That which I heard Sir William Waller say was this I had occasion to speak with Sir James Hayes and enquiring for him I found he was at the Dog Tavern so I went up and found in the Company Sir William Waller and another Gentleman one Mr. Hunt and some more After the rest of the Company were gone and only Sir James Hayes Mr. Hunt my self and Sir William Waller left Sir William was giving an account of this Business and said The King when I had acquainted him with it told me I had done him the greatest piece of Service that ever I had done him in my life and gave me a great many Thanks But I was no sooner gone from thence but two worthy Gentlemen gave me an account that the King said I had broken all his Measures and he would have me taken off one way or another Fitz Harris Did he say any thing that it was a Design to put the Libel upon the Protestant Lords and the House of Commons Col. Mansel There was that said L. C. Just What was said don 't come with your imperfect Discourses here but if you give Evidence tell what was said Col. Mansell Sir William Waller said That the Design was against the Protestant Lords and the Protestant Party Mr. Serj. Maynard I do not doubt that it was against the Protestant Party Mr. Attorn Gen. Recollect your self Was it against the Protestant Lords or the Protestant Party Col. Mansell He said the Protestant Party Mr. Attorn Gen. So say We. Fitz Harris Did he not say it was another Sham Plot Sir against the Phanaticks and the House of Commons Where is Mr. Hunt Mr. Hunt appeared Mr. Hunt What would you have with me Mr. Fitz Harris I never had any conversation with you in my life Fitz Harris No Sir But what have you heard Sir William Waller say concerning my Business Mr. Hunt My Lord I would rather I had lost my hearing for that time than have heard it to repeat it Sir William Waller did tell me at the Dog Tavern where was Sir James Hayes and Col. Mansell by after he had read over the Libel to us there was a great deal of Company more but he only gave us the curiosity to see what the Libel was And when he had read it he did tell us That the King gave him particular Thanks for that good service he had done him in detecting Fitz Harris but he said he was told by two Gentlemen that had heard the King speak it who were of undoubted credit That the King was in an extream passion bestowed many hard Names on him and said He would give any thing in the World to take him out of the World that he was an insufferable vexation to him and that he had broken all his Measures And he said the same things again in the presence of Sir Philip Harcourt and my Lord Radnor's Son Mr. Roberts at Capt. Hall's Chamber in Pembrook College in Oxon. Mr. Attorn Gen. What did he say about the Prisoner Mr. Hunt This was about the Libel of Fitz Harris that the King gave him particular Thanks about that Business and afterwards the King did exprâ—ss great passion in some short time after he was gone and he did say he was informed by two Witnesses that heard the King say it He knew not what to do with him he broke all his Measures Fitz Harris Did he not say this was a Design against the Protestants Mr. Hunt He did say it was a Design to contrive these Papers into the hands of People to make them Evidences of Rebellion and that was his apprehension of the thing And he said further for I am a Witness here and must speak all my knowledg that he had another Plot which he had traced near to a full discovery a more horrid Plot than this or Dangerfield's for he said this was the Counter-part of Dangerfield's Plot. I hope he will not deny it if he be asked here he is and upon his Oath I am not and I desire not to take credit unsworn but am willing to give my Testimony on Oath Fitz Harris Where is Dr. Cary Mr. Sheriff Cornish Dr. Cary is not well my Lord and can't come Fitz Harris Then Mr. Sheriff Bethell Dr. Oates My Lord I pray I may be discharged L. Ch. Just Doctor we have nothing to say to you but the Prisoner hath more Questions to ask you 'T is not we that detain you but you stay upon the Prisoner's account Fitz Harris Mr. Sheriff Bethell desires to know what you can say concerning Mr. Everard Mr. Sheriff Bethell My Lord I know nothing of Mr. Everard as to this Business save that he told me he writ the Libel himself And I confess my Lord further that before ever he knew my face or before ever he heard me speak a word in his days he put in an Information of Treason against me at the instigation of one that is known to be my mortal Enemy and it was so groundless that tho' it was three Years ago given in yet I never heard a word of it till Friday last I can bring Witnesses of this persons that sent the notice of it to me Fitz Harris Pray call Mrs. Wall Who came down from her Seat Fitz Harris Mrs. Wall Pray will you tell the Court have not I conveyed some Libels and Treasonable Papers to the King by your means and received Mony upon that account Mrs. Wall Not as I know of Fitz Harris Did not you receive some of them from me to give to the King Mrs. Wall No indeed not I. Fitz Harris Is the Footman here that was by when you paid me the Mony Mrs. Wall Yes and the Porter too tho' you have
not Subpoena'd them Fitz Harris How long ago is that Mrs. Wall Two Years ago Fitz Harris Was it not about Christmass last was twelve month I gave you the Libel about the King and your Lady and the King thanked me extreamly and I had 250 l. given me Come Mrs. Wall don't think to trick me out of my Life in the Case for I will not be tricked so Pray tell the Court Can you deny that I had the 250 l speak Mrs. Wall had I 250 l Mrs. Wall That was not the Question you asked me at first Fitz Harris But speak had I it Mrs. Wall There was 250 l. I think it was 200 or 150 or 250 l Fitz Harris What use was it for and upon what account Mrs. Wall You do know it was not for any Libel Fitz Harris If you have any mind tell it Mrs. Wall There it is Delivering in a Paper to be read Cl. of Cr. The humble Petition of Edward Fitz-harris Mrs. Wall I really took him for as honest a Man as ever I knew in my life and had it been in my power to have done him a kindness I should not have failed to have done it Mr. Attorn Gen. Was he your Countryman Madam Mrs. Wall Yes he is and my Relation too I knew you to be the Son of a very suffering Loyal Family and while his Mother was in Town he came often to our House and when she went away he left visiting the House a great while And you Mr. Fitz-harris did once tell me You could bring in People to the King's Interest that were very considerable So I spoke to the Secretary of State about you that there was one that had been with me and told me that he could bring in those to the King and Duke's Interest that were very considerable The Secretary of State desired me to know who they were and then he named to me one Thomas Merrey and another Person who I desire to be excused from naming The other Party he did name was thought considerable both for Quality and Understanding And the Secretary desired me to get him in if I could Mr. Attorn Gen. Pray Madam who was it Mrs. Wall I desire Mr. Fitz-harris may tell you Fitz Harris No Mrs. Wall pray do you tell it since you have spoke of it Mrs. Wall I say nothing but what I will take my Oath of Fitz Harris Then you will never swear that which is true Pray Mrs. Wall speak who was it Mrs. Wall I desire I may not name him but he may Mr. Attorn Gen. He will not Mrs. Wall Truly I do not think it convenient for me to name such Persons as those are upon such accounts Fitz-Harris Pray Mrs. Wall name the Person that I would have brought into the King's Service Mrs. Wall If the Court commands me I will otherwise I will not Fitz-Harris Did you ever upon any such account as this receive any Mony for me speak the truth Mrs. Wall God forbid your Blood should lie at my door I assure you I should be sorry for it He told me these Persons were considerable for the King's Interest and could do him extraordinary good Service So as I said I spoke to the Secretary of State and he would know who they were And when he was told who they were as for one of them Thomas Merrey he was not thought worth the looking after for he was thought an inconsiderable Rascal but as for the other Gentleman he was thought a Man of Worth and a Person that if he would could really serve the King Upon this when you first came I was never at rest for you and therefore after a while before you came again I gave the Porter order to tell you I was not at home and I desire the Porter may be asked the Question But when I next saw the Secretary I desired that he would give them a positive Answer one way or the other and the next time I saw you this was your Business and I told the Secretary of Sate of it You gave me this Paper and desired me to sollicit for your Quit-Rent in Ireland for you were in great misery and had been a great Sufferer So I spoke to the Dutchess of Portsmouth and she spoke to the Secretary of State that if this Man be so considerable a sufferer 't is convenient to give him something for his encouragement and if you will give him something said I give it him quickly I was 4 if not 6 months a getting this mony Fitz-Harris But will you say it was upon that account When was that mony paid Mrs. Wall I never thought I should be brought in for a Witness or that you would have abused me thus for my kindness Fitz-Harris When were those Papers given you that you produced Mrs. Wall I wish I may never see the Face of God if I know any more than what I give Evidence there are the Papers they will tell you the time Fitz-Harris Did I give them you Mrs. Wall You or your Wife did and I suppose your Wife's condition was yours Fitz-Harris Was not the mony received before ever those Papers were given you Mrs. Wall Nay Mr. Fitz-harris I will tell you more send to Mr. Henry Guy and let him tell you when he paid it you Fitz-Harris Call the Porter and the Footman if he be here L. Ch. Just If you will ask any more Questions of Mrs. VVall do Fitz-H Did not I come to you the Wednesday before I was taken and told you I desired to speak with the King and that I had a Libel to present to him Mrs. VVall. No so far from that that it was the Thursday before you were taken you came about nine a Clock at Night to our Lodgings and sent up to my Chamber and I sent word that Mr. Cowling was there for I did not care to see you but you sent word up you had something of Consequence to tell me So I came down and you desired me to bring you to the speech of the King which was a thing you did never desire before And you said thus If you did but see the King you believed you could say somthing to him that might do him service Fitz-Harris Did not I say here is the Libel that I come to deliver to the King now Mrs. VVall. No as I have a Soul to be saved Fitz-Harris Mrs. VVall I did and this was what you said at the same time That since my Lord Sunderland was gone you could have no secret Service I did desire to speak with the King privately those were my words and you told me you could not so easily do business with the King since my Lord Sunderland's time L. Ch. Just We must not let you hold a Dialogue between your selves you must speak that the Court may hear Mr. Attorn Gen. Was not he a Roman Catholick Mr. VVall. Yes we looked upon him so and upon that account we said it was dangerous for him to go