men of understanding at all Mr. Johnson My Lord 't is our unhappiness to come before you under these circumstances We have understood there is a Vote of the Commons of England in Parliament that says this man shall not be tried in any inferiour Court now we take our selves to be the Judges of this man in part under your Lordship's directions Mr. Serj. Maynard You are not Judges of it you are onely to trie the fact Mr. Johnson I onely offer my sense and if the other Gentlemen think otherwise they will speak it I think the office of a Juror is such that it is within his power to acquit or condemn according to the Evidence as it lies within his own Conscience Now if we should acquit this man we have no assurance we shall acquit him onely suppose it then there is nothing against him but what lies in a Parliamentary way and we shall forejudge their Cause Therefore I say I do not know how far by Law we are compellable to give a Verdict in this Case upon him L. C. J. Look you Gentlemen we would consult your satisfaction as much as we can in all things and 't is reasonable that if you have any doubts you should propose them to us and to that purpose we are to give you satisfaction and will in all things I must tell you as to the Jurisdiction of the Court that is not at all before you and as to the Vote of the House of Commons alleadged by him if any such there be that cannot alter the Laws of the Land nor justifie any of us in departing from our duties no more than if a Letter or Mandate should be gained from the Prince or chief Magistrate of this Kingdom to any of us in derogation of Justice as it 's possible by surprize to be we are to take notice of the one no more than the other We are upon our Oaths to do Justice according to the Laws of the Land You likewise are upon your Oaths and sworn to do Justice in your Sphere and your Oath is That you shall enquire truly whether he be guilty or not and if he be guilty in your Judgments you can no more spare him than you can condemn an innocent person It never was pretended by any man nor will it be asserted by anâ— man that understands himself or the constitution of the Government of this Kingdom that a Vote of the House of Commons can change the Law of the Land It cannot excuse us if we deny to try a man that is brought before us nor will it excuse you being under an Oath justly to try him If you should because the â—ommons House have voted that he shall not be tried declare that man innocent who in your own Judgement you believe to be nocent You nor we are not to consider what will be the consequence of this if this man be acquitted or condemned that is not before us You and we too are tyed precisely to the Laws of the Land and by that Law must this man be judged As to our parts we must do it as to the Law and you as to the Fact But I 'll tell you further Gentlemen this doubt was moved to us by the Grand Jury before the Bill was found we had an intimation that they would move such a doubt to us as seems to be your doubt now Therefore for their satisfaction and the taking away any scruple that might be in the case all the Judges of England did meet together and seriously debate the matter and substance of all this and it was not our Opinion of this Court onely but the Opinion of all the Judges of England That we had a Jurisdiction to try this man This we have told you because we would satisfie all men to go on fairly in the things that are before them Therefore that being put out of the case you must consider of your Verdict and give it in upon this Tryal Mr. Johnson We do not doubt my Lord but your Opinion in this case will indempnifie us from any future Charge by the Commons of England But it lies before us to consider what we are bound to do in the case Mr. Just Jones Gentlemen I suppose you do not doubt but we are all of the same Opinion It is no marvel indeed to hear a man that stands in Fitzharris's place to object any thing that may cast a mist before your eyes And yet it cannot but be wondered at too that when three Protestant Witnesses have sworn precisely he should have the confidence to urge any thing of this nature he whâ— appears by the Indictment it self and the proofs made upon the â—â—dictment to have endeavoured to destroy all the Laws of England all Magna Charta all our Liberty and our Religion and to inslave us to the King of France for that appears plaâ—nly the design if you have any credit to the Witnesses that are produced He that would have pulled down all that is sacred amongst us is so zealous for the Authority of the House of Commons We have all of us a great reverence for the House of Commons and for their Opinions but as my Lord hath told you so I tell you my Opinion That a Vote of the House of Commons does not in the least sort alter the Law for indeed if it did it were to give a Legislative power to the Commons which does onely belong to the King the House of Lords and the Commons together And Gentlemen though Mr. Fitzharris says If he be acquitted here by you yet he should remain to be questioned again in Parliament there is no man in the world can doubt if he were acquitted here and were questioned in Parliament but he would say He hath been upon his legal Tryal by his Peers and that he hath been acquitted by his Peers upon solemn Evidence But Gentlemen you are to consider what is your business Your Office is to be Jurors not to be Judges you are not to take upon you any such Authority Your Commission is your Oath and by that Oath you are sworn to inquire whether the Prisoner be guilty as he is indicted or not If you as English-men can say he is not guilty let it lie upon your Consciences and the danger of the King's Bloud and Life be upon you Mr. Just Dolben Gentlemen I desire to speak one word to you to let you know I am of the same Opinion with my Lord and with my Brother and I cannot but wonder at you for making this scruple for if there were any thing in what you have said it concerns us that are Judges and not you at all for 't is a matter of Jurisdiction and whether we have a Jurisdiction or not we must satisfie our selves that we have a Commission to do it it concerns not you Do you but consider the Oath you have taken That you will well and truly trie and true deliverance make betwixt our Soveraign Lord the
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
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
is Mr. Fitz-Harris of Mr. Everard He was always looked upon to be a Papist Fitz-Harris When did you see me at Mass Mr. Att. Gen. Hath he not owned himself so Mr. Everard He hath owned himself at several times to be a Papist Mr. Sol. Gen. What did he say to you about your being a Protestant and what Cause you had to turn to the Popish Religâ—on Mr. Everard He said I was under great disadvantages and had much loss by leaving them I had better have adhered to theâ— Interest still He had this Discourse with me at several Meetings and gave me several Visits some at my Chamber some at Grayâ—â—â—nn Walks sometimes at the House with black Posts in where we talk'd of several things Mrs. Fitz-Harris I am sorry he kept such a Rogue as you are Company L. C. J. Officer take her away if she cann't hold her tonguâ— and give better language Fitz-Harris She will speak no more my Lord. L. C. J. Stand still then and be quiet Mr. Att. Gen. What was your Discourse at the Ale-house Mr. Everard To give Instructions to set the people together by the Ears and one most effectual means was by scandalizing and Libelling the Government and especially the King Mr. Jones Did any body else assist you in drawing the Libel Mr. Everard There is at the latter end of the Libel a Paragraph that was taken out of another Book there was a scandalous Libel that was brought by the woman that carries Paper-books about and out of that to make short work and out of The Character of a Popish Successor in which he said were many things material he would have some of the Expressions of this Libel taken so I Copyed some of the Queries out of that Paper which was said to be a Letter intercepted to Roger L'Strange and that day that I was under examination before Mr. Secretary Jenkins that Libel lay before him upon his Table He asked me if I had seen that I told him yes for I had Copyed in that Paper that was the Libel those Queries and then said he here is a Warrant to be given out against Curtis for it Mr. Serj. Jefferies After such time that you had carried him the Copy that Sir William had marked and he amended it did you shew it Sir Wâ—lliam Wâ—ller presently Mr. Everard Yes immediately and I asked him Sir says I is there any alteration yes said he I see alterations and shew'd them one Do you know the difference of Hands said I yes said he I do and suppose will give you an account of it Mr. Johnson My Lord I humbly beg Mr. Everard may be asked who those Parliamâ—nt men were that were to concur with the French Ambassador in this design L. C. J. Did he name any Parliament men Mr. Everard No he did not he said I should know them hereafter L. C. J. Then he did not name any Mr. Everard No he did not Mr. Att. Gen. Then Swear Mr. Smith which was done Pray Sir will you look about and give an Account what you know Mr. Smith Will you have an Account how it came first to my knowledge Mr. Att. Gen. Yes the whole from the bottom to the top from the beginning to the end Mr. Smith I remember about the 22 th or the 21 th of Feb. either one or the other Mr. Everard and one Mr. Savile came to my Chamber and told me the same Design that Mr. Everard hath repeated before and that there was an Irish Gent. an Officer of the French Kings Army that was to manage the thing he was one that could speak French very well and they desired me to be concerned in it because I understood French Upon this I told him I would willingly undertake such a business if I thought there were any convenient place in the room where I might hear and see undiscovered After he had told me as he has before told your Lordships that it was to make a difference between the King and his People and to misrepresent the King as I shall inform you by and by I went to his Chamber after we had spoke to Mr. Crow who would not undertake to speak French so well as to be capable of understanding all but at last we met with Sir W. W. who undertook the matter I walked immediately after Dinner to the Chamber and saw the convâ—niâ—ncies and the next night we expected Sir W. Waâ—â—â—r but he not coming that night I went into the Closet my self till â—iâ—â—-Harris came according to the appointment When Fitz-Harris came there were two Chairs set one Chair next the Closet where I stood and another opposite against me that opposite against me was that where Mr. Fitz-Harris set and Mr. Everard was next closâ— to me and I looked out through the hole and I heard there were some little discourses about the business in hand At last Mr. Everard stands up and goes to the side-board and brings a peice of Papâ—r about halâ— a sheet as I think with him and he read it which was a Seditious kind of Paper which I shall tell you of by and by and he asked him in French whether this were agreeable or no to which the Gent. answered it was well but something must be added to it Upon this Mr. Everard took out his Note-book and read something therein and then Mr. Everard desired him to instance what heads he would have more than were there to which Fitz-Harris replied that he would have him to represent the King as a Papist which might be demonstrated by several reasons first his adâ—â—ring to the Duke of York and peremptorily resolving to espouse that â—nteâ—est The sâ—conâ— reason was the preferring such as were the Dukes 〈◊〉 â—oth at Sea and Land and keeping in Office those that were pâ—â—feâ—râ—d by the Duke known Papists and this was also another reaso◠〈◊〉 proâ—e that head of the Instructions that the King after his Restoâ—atioâ—â—â—ocured an Act to be made that it should be Treason for any to call 〈◊〉 Papist and this was only that he might the better and with the morâ— ease introduce Popery into England He charged likewise King Charâ—â—s the First to be a promoter of the Irish Rebellion and that Charles the Second further'd and approv'd it that is another Instance That the Parliament at Oxford was only a sham to delude the people and that such a King was not to be trusted with such a people nâ—â—ther as to their Lives Liberties or Religion but that the people must provâ—de for themselves in time and blow the Trumpet boldly Another Instance was as it was the undoubted right of the people to make Laws against and to oppose a Popish Successor so they might depose a Popish Possessor To this effect was the substance of what was said Mr. Att. Gen. Did he name a Reward that Mr. Everard was to have Mr. Smith There was a Reward mention'd but I don't remember any particulars Mr. Att. Gen. Did he tell who set
went away L. C. J. Mr. Fitzharris have you any more Witnesses that you would have called Fitzharris No my Lord. Mr. Serj. Maynard Will you apply them you have called L. C. J. Well have you any thing further to say Fitzharris Yes my Lord I have something further to offer for my self I will tell you what I know since my Witnesses will not do me justice Gentlemen of the Jurie you are my Judges in point of Law as well as Fact and my Bloud will be required at your hands if you do not do me right My Lord I cannot forbear complaining to the Court of the hard usage I received in Prison contrary to the Statute of the 31th of his Majesties Reign greater oppression hath been done to me than to any before my Lord Stafford Sir Thomas Gascoign and others had all the libertie they could desire to enable them to make their defence against their Trial which I have had denied me But my defence consists of two heads and I shall relie upon the Consciences of the Jurie for the issue though my Lady Portsmouth and Mrs. Wall and the rest are pleased to say that I was not employed nor received money for secret services yet 't is very well known I did so As to Mr. Everard when I met with him though now he hath made it a French storie yet if he would tell the truth he knows that it was otherwise he told me he was well acquainted with my Lord of Shaftsbury and my Lord Howard and in several Clubs of the Citie he knew all their Intrigues and that Speech that went by the name of my Lord Shaftsbury's my Lord gave it him before it was printed and he several other things of that kind So then I told him it was a business of the greatest consequence that could be if he would continue those Discoveries And whereas he says I would betray the People to the French Interest it is very well known I was always an Enemie to the French Interest but I humoured him in his discourse and discoursed him to reduce the Paper that he accuses me of under some heads and that Paper I no sooner had but I came to Whitehal with it And though he said he was to have fortie Guinnies and so said Sir William Waller too yet it was onely fortie shillings that he desired for his povertie I would lend him And as to what he talks of three thousand Crowns Pension it is a very unlikely business When I came to Whitehal I was advised to go to my Lord Clarendon or Mr. Hide Accordingly I did shew it to a Gentleman who was to give it to my Lord Clarendon but before he could get to him I was taken Now my Lord I hope what I did was with a designe to serve the King in discovering what was designed against him according as I was employed though both the Secretaries are so unkind as not to declare it when I know I am in the right I am not ashamed to speak it though my life be losed upon it and I refer it to the Gentlemen of the Jurie I was taken before I could come to the speech of my Lord Clarendon Next I hope Gentlemen of the Jurie you will consider these are great Persons that I have to do with and where great State-matters are at the bottom it is hard to make them tell any thing but what is for their advantage and so I am left in a sad condition But my Lord in the next place I think 't is impossible for any Jurie to find me guiltie without prejudging of those Laws which are not to be judged by any Jurie or inferiour Court for if they judge me and bring me in guiltie 't is murder in them and let the Bench tell them what they will 't is of that dangâ—rous consequence that it overthrows the Government My Lord here is the Impeachment of the House of Commons and here is a Copie of the Votes of the Commons thereupon and though they be not Laws yet they are such Declarations of the Parliament as that afterwards no other Court ought to meddle with that matter and the inferiour Courts do not use to meddle with Parliament-matters and so Gentlemen you will lay at your own doors what would lie at theirs if you meddled not For though the Court have over-ruled my Plea yet the matter is plain before you now who are my Judges and my Bloud will lie at your doors and you must answer it if you do me not justice And there is no insufficiencie of a Plea as to matter of Law will excuse you in point of Fact and you are obliged as you will answer the contrarie to God and your Consciences to do me right And I hope your Lordship and the Jurie will take particular notice of this I have been a close Prisoner and had no manner of help nothing at all allowed me to refresh my memorie which if I had had means to do as I ought I could say a great deal more But this I insist upon If the Gentlemen of the Jurie do bring me in guiltie and convict me they do shed my Bloud and overthrow the Law and course of Parliaments Whereas if they bring me in not guiltie my Impeachment â—â—ands good still and I am liable to answer that Impeachment before the Parliament and I hope you will consider the persons I have had to deal with and that it cannot be made so plain as in matters wherein we deal with common persons I submit to what you shall think fit L. C. J. You have done Mr. Fitzharris Fitzharris My Lord I have done onely I would examine one Gentleman if he were here but he does not appear But here 's a Copie of the Impeachment and Votes of the House of Commons I desire I may deliver them to the Jury L. C. J. No no that can't be Fitzharris Sir William Waller does declare upon Oath That for this very thing I was impeached by the House of Commons and that I desire them to take notice of Mr. Serj. Jefferies Therefore you are not guilty Is that the consequence Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury you have heard our Evidence and what the Prisoner hath said The Crime for which he is accused that is High-Treason and 't is Treason in conspiring the death of the King in endeavouring to raise Rebellion here and that in order to destroy the King and the Liberty of all the People and bring them under the slavery of the King of France This is the Treason he was indicted for and the proof of this Treason is very full it is proved to you by three positive Witnesses and all men of credit of whom you cannot have the least suspition They prove to you that Mr. Fitz-harris is the man guilty of this Treason he was the contriver of it he was the mover of it first to Mr. Everard and he gave him those