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kingdom_n	great_a	lord_n	time_n	5,703	5	3.3083	3	true

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

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

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

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 can●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

it was only to put off my Tryal and now my Witnesses are come to Coventry yesterday morning and they will be here in a few days and so for want of time to desend my self in I was exposed to my Adversaries who were some of my own Clergy whom for their debauched Lives I have corrected as is well known there I will not deny my self but that as long as there was any Toleration and Connivance I did Execute the Function of a Bishop and that by the second of Elizabeth is only a Premunire and no Treason So that my Lord I was exposed Defenceless to my Enemies whereas now my Witnesses are come that could make all appear I did begg for twelve days time whereby you might have seen as plain as the Sun what those Witnesses are that began the Story and say these things against me And my Lord for those Depositions of the seventy thousand Men and the Monies that are Collected of the Clergy in Ireland they cannot be true for they are a p●or Clergy that have no Revenue nor Land They live as the Presbyterians do here there is not a Priest in all Ireland that hath certainly o● uncertainly above threescore Pounds a Year and that I should Collect of them forty Shillings a piece for the raising of an Army or for the Landing of the French at Carlingford if it had been brought before a Jury in Ireland it would have been thought a meer Romance If they had accused me of a Praemunire for the exercise of my Episcopal Function perhaps they had said some thing that might have been believed but my Lord as I am a dying Man and hope for Salvation by my Lord and Savior I am not guilty of one point of Treason they have swore against me no more than the Child that was born but yesterday I have an Attestation under my Lord of Essex's hand concerning my good Behavior in Ireland and not only from him but from my Lord Berkly who was also Governor there which the Kings Attorney saw But here I was brought here I was tryed and having not time to bring my Witnesses I could not prove my Innocency as otherwise I might So that if there be any Case in the world that deserves Compassion surely my Case does and 't is such a rare Case as I believe you will not find two of them in Print that one Arraigned in Ireland should be tryed here afterwards for the same Fact My Lord if there be any thing in the world that deserves pity this does for I can say as I hope for Mercy I was never Guilty of any one point they have swore against me and if my Petition for time had been granted I could have shewn how all was prepense Malice against me and have produced all Circumstances that could make out the Innocency of a Person But not having had time and being Tryed I am at your Mercy L. C. J. Well you have nothing further to say in Bar of Judgment you have said all you can Plunket I have nothing further to say but what I have said Then Proclamation was made for silence while Judgment was passing upon the Prisoner L. C. J. Look you Mr. Plunket You have been here indicted of a very great and hainous Crime the greatest and most hainous of all Crimes and that is High-Treason and truly yours is a Treason of the highest Nature 't is a Treason in truth against God and your King and the Countrey where you lived You have done as much as you could to dishonor God in this Case for the bottom of your Treason was your setting up your false Religion than which there is not any thing more displeasing to God or more pernicious to Mankind in the world A Religion that is ten times worse than all the heathenish Superstitions the most dishonorable and derogatory to God and his Glory of all Religions or pretended Religions whatsoever for it undertakes to dispense with Gods Laws and to pardon the breach of them So that certainly a greater Crime there cannot be committed against God than for a man to endeavour the Propagation of that Religion but you to effect this have designed the Death of your lawful Prince and King And then your design of Blood in the Kingdom where you lived to set all together by the Ears to destroy poor Innocent People to prostitute their Lives and Liberties and all that is dear to them to the Tyranny of Rome and France and that by introducing a French Army What greater Evil can be designed by any man I mention these things because they have all been fully proved against you and that you may take notice and repent of them and make your Peace with God by a particular Application for Mercy for all these Faults For it seems to me that against God your Prince and fellow Subjects you have behaved your self very ill designing very great Evil to all these and now it hath pleased God to bring you to Judgment I must tell you peradventure what you urge for your self might introduce Pity if it were to be believed that is that you are Innocent and had Witnesses to prove it but we cannot suppose any man Innocent that hath had a Legal and a Fair Tryal and a Tryal with as much Candor to you as your Case could bear or as perhaps any man in such a Case ever had You had time upon your Request to send for your Witnesses to help you in your Defence and to have proved your Innocence if you could have done it Time long enough to your own Content you your self thought it so at the time it was given To give a Prisoner under your Circumstances five or six weeks time to send for Witnesses is not usual we could have put you upon a present Defence and hurryed you out of the World by a suddain Tryal if we had had any Design against you but we go on in a fair way and with legal Proceedings and with as much Respect to you as in such a Case could be used for we gave you all the fair Hearing and Liberty that you desired to have Look you as to what you urge that your Trial was in this Kingdom whereas your Offence was in another that is a thing that do's not become you by any means to object for you have had a Tryal here by honest Persons and that according to the Laws which obtain in this Kingdom and that too of Ireland which is by a Statute not made on purpose to bring you into a Snare but an antient Statute and not without Presidents of its having been put in Execution before your time For your own Country will afford you several Presidents in this Case as O Rurke and several others that have been Arrained and Condemned for Treason done there So that you have no reason to except against the legality of your Tryal You say now you have Witnesses that could prove all this Matter why that lyes in

Prisoner for a long time a year and an half in Prison when I came from Ireland hither I was told by persons of good repute and a Councellor at Law that I could not be tryed here and the reasons they gave me were that first the Statute of Hen. 8. and all other Statut●s made here were not received in Ireland unless there were an express mention made of Ireland in them So that none we●e received there but such as were before Poyning's Act. So I came with that perswasion that I could not be tr●ed here till at my Arraignment your Lordships told me it was not so and that I must ●e Tried here though there was no express mention made of Ireland Now my Lord upon that whereas my Witnesses were in Ireland and I knew nothing of it and the Records upon which I very much relye were in Ireland your Lordship was pleased to give me time from the 4 th of the last Month to this day and in the mean time as your Lordship had the Affidavit here yesterday and as Captain Richardson can testifie I have not dispatched only One ●ut Two to Ireland into the Counties of Armagh Dublin c. and where there were Records very material to my def●nce but the Clerk of the Crown would not give me any Copy of any Record at-all unless he had some express Order from your Lordship So that whether it were that they were mistaken or wilfully refused I could not get the Records which were very material for me For in some of those Records some of those that accuse me were convicted of high Crimes and others were Outlawed and Imprisoned and broke Prison and there were other Records also of Excommunication against some of them and I could not get the Records unless your Lordship would instruct me in some way or other how I can get over them that are most material for my defence The Servants that I sent h●nce and took Shipping for Ireland were Two days at Se● and cast back again and from thence w●re forced to go to Holly head and from Holly-head in going to Dublin they were Thirt●●● or Fourteen days the Winds were so contra●y and then my S●r ●nt went about to go into the County of Armagh and Derry that were a Hundred miles from Dublin and Meath and other places so that in so short a time my Lord it was morally impossible for them to have brought the Witnesses over and those that were ready to have come would nor stir at-all unless they had a Pass from hence because some of them were Roman Catholicks and they had heard that here some were taken Prisoners that were Roman Catholicks and that none ought to come without a Pass and th●y being Witnesses against the King they might be clapped up here and brought into very ill condition so they sent one over that made Affidavit L. C. J. It was the Affidavit was read here yesterday Plunket So that my Lord I conceive your Lordship will think I did it n●t oat of any intent to put off my Tryal for Captain Richard●●n is here who knows that I writ by the Post and desired them to come with the Pacquet-Boat and they writ over to the Captain after th●y were Landed so that I depended upon the Wind and the Weather for my Witnesses and wanted your Lordships Order for the Records to be brought over and that their Examination might be brought into Court and their own original Examination here might be compared with it So I humbly beg your Lordships favour the Case is rare and scarce happens in Five hundred years that one should be in my circumstances I am come here where no Jury knows me nor the quality of my Adversaries If I had been in Ireland I would have put my self upon my Tryal to morrow without any Witnesses before any Protestant Jury that knew them and me And when the Orders went over that I should be tryed in Ireland and that no Roman Catholick should be upon the Jury and so it was in both the Grand and other Jury yet then when I came to my Tryal after I was Arraigned not one appeared This is manifest upon the Record and can be proved L. C. J. There was no prosecution of you there Plunket But my Lord here is no Jury that knows me or the quality of my Adversaries for they are not a Jury of the Neighborhood that know them and therefore my Case is not the same with other Cases Though I cannot harbor nor do not nor will not nor ought not the least conceipt 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 y●t 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 und●r 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 cautious 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 tryed look to the Jury as they are called and except against them if you will Plunket 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 Pl●nket I humbly present