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
'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
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
I met with him I acquainted him with what was passed and told him I wished rather than 10l I had met him sooner half an hour before why what is the occasion saies he why said I there is a person that hath had such and such discourse with me and one of his main Errands amongst others is for me to write a Scandalous Libel reflecting upon his Majesty and the Goverment And upon this I said Mr. Savile I shall not confer with him any further unless I have some body by to witness what he saies he speaks most commonly French and sometimes English and therefore it must be one who understands both the Tongues well So we went into the City together that afternoon to one Mr. Crows who is a silkman in Queen-street said we Sir you are a moderate impartial man and understand French we desire you will be present to over-hear some proposals that are made to me tending to set our Country together by the Ears and he comes from a Popish party Mr. Crow said he would be willing to undertake any thing to serve the Protestant English Interest but he would not undertake to speak French so well as to be able to understand all nice passages and words that might be proposed And then Mr. Savile and I went to Mr. Smith a Durham Gentleman and made him the same proposal I had made to Mr. Crow desiring him that he would come and over-hear our discourse and I would place him in a fit place Mr. Smith assented to the propositions and said he would Mr. Smith asked me what day and time we were to meet I told him to morrow at 6 or 7 a Clock at night at my Chamber in Graies-Inn but further he said we must have other witnesses for one witness would not be sufficient so we went to the Exchange Coffee house and there we met with Sir William Waller to whom we made the same proposal that since we must have some that understood French and keep the thing secret till it were time to have it come out he would please to undertake it Sir William Waller promised to come but failed that first meeting which was to be on the Tuesday then we went to another French Merchant who was proposed by Mr. Savile but he was not within so then we must rely upon one witness for that meeting Mr. Fitz-Harris was to meet me about 2 a Clock at my Chamber in Graies-Inn where Mr. Smith and Mr. Savile were to meet likewise and they came first to the Tavern just at the Corner of Fullers Rents which hath a prospect into the Court And from thence I saw Mr. Fitz-Harris in the Court pointing to another Gentleman that was with him up to my Chamber and he was walking suspitiously up and down Then I went out of the Tavern and came up to my Chamber and after a little while Captain Fitz-Harris came up to my Room I placed him in another Room where my Wife was and shut the door to whilst I sent word to Mr. Smith to come into the outer Room and shut himself into my Closet There was Mr. Smith in the Closet and there was an hole or two for the purpose made through both the Planks of the boards and the hanging but the hangings hung over the hole that it might not be discerned by Mr. Fitz-Harris and he could raise it and then see who was in the Room and hear their words for I placed my Chair towards the Closet which had an angle outwards and now and then I did stand against the whole and now and then sate to give Mr. Smith advantage and to give Mr. Fitz-Harris no suspition When we were so placed Mr. Fitz-Harris asked me what I had done as to the thing proposed this Libel that I was to draw up I said I was busie and had not been able to finish it but here are some heads of it said I and shewed him half a Dozen Lines drawn up together and when I had read them Sir said I is this your mind yes said he but I must add much more than this is to it Then Mr. Fitz-Harris proceeded to give me further instructions and so repeated what instructions he had given me before that the King and all the Royal Family must be traduced to be Popishly and Arbitrarily inclined from the beginning that King Charles the First especially had an hand in the Irish Rebellion and that likewise King Charles the second that now is did countenance the same as did appear by bis promoting those very officers that were in the Irish Rebellion Fitz-Girald Fitz-Patrick and Mont-Garrat which should be named in the Libel Besides that the Act made at the Kings coming in forbidding any to call the King Papist was meerly to stop peoples mouths that they should not call him a Papist when he should incline to further Popery and did intend by his actions so to do And besides his adhering so closely to the Duke of Yorks Interest was to be another argument of it his hindering the D. of York from coming to his Tryal and to be proceeded against by the Parliament and hindering the Officers that were put in by the D. of York from being cast out Another argument was because those Privy Counsellors and Justices of the Peace that did adhere to the Protestant Interest were turned out of all places of Trust and besides he said it did appear to the people consequently that the King was Conscious to himself that he was as Guilty as his brother and was as much a Papist as his brother and it was in the peoples power as well to depose a present Popish Possessor as a Popish Successor and that the people must be stirred up against him and incouraged to blow the Trumpet and especially that the City and Common Council must be incouraged to stand by the Parliament and seeing the King was such that no hopes was to be had of the Parliament at Oxon they were bound to provide for themselves and to advance some hundreds or thousands of pounds to the Parliament to settle the Protestant Religion without the King if Parliamentary waies would not succeed These were some of the instructions Mr. Att. Gen. Did he say any thing that day about a reward you should have Mr. Everard He spake in the general about a Reward but he spoke more fully to that the day after he did not then come so much to particulars then some part of those instructions I writ in my Table Book which is to be produced here and others of them in another scrole of Paper He then desired to know of me when the Scheme of this thing would be ready said I you may come to morrow I will saies he come about 6 or 7 a Clock in the Evening In the mean time I writ a Letter to Sir William Waller in French which I sent by a Porter and therein I said Sir you have missed a great opportunity of rendring a great
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
I was altogether unworthy of of waiting upon the King I gave you my Reasons why I thought my self unfit for that Honour because I was not in any capacity of doing the King any Service And I looked upon the King as a Person too Sacred and whose Time was too precious to be trifled away upon one that had nothing to offer to Him and therefore I refused it But notwithstanding this was reinforced by you and when I still persisted in the denial of that which was an Honour I ought rather to have sought but only because I thought my self uncapable of deserving it After several Applications I did at last tell you besides the impertinency of it I did also apprehend it might be the occasion of some indecency for perhaps I might thereby put my self upon dâ—claring my self in some of my Sentiments very much differing from those of his Majesty And for me to seek an opportunity to express my Contrariâ—ty to his Majesty's Thoughts would be both rudeness and imprudence and therefore I did then ultimately answer you I would by no means be prevailed with Then you did lower it and said It should suffice if I would wait upon the Dutchesâ— of Portsmouth Truly I told you as to that too you did me a great Honour and greater than I could expect for I had nothing I was afraid worthy her trouble and therefore I desired to know what it might mean In short you did resolve it into this That you did find the King under great appâ—ehension that there was something deep in the Hearts of some that stood at a distance from his Majesty and opposite to his Interest and that the Parliament stood at an irreconcileable difference with the King Truly said I I am a Pâ—rson not â—it to speak in the Name of a Parliament for in a little time they will speak for themselves but if I were to speak or should presume to speak in the Name of the Parliament or the whole Nation I should say I believed the King would find his Parliament meeting him with as great Affection Duty and Loyalty as any Parliament ever met any King of England You said Then you were confident and you cited her Grace the Dutchess of Pâ—rtsmouth for it that the King came to meet them with inclinations to gratify them in any thing they could dâ—sire Then said I to what end need I come there for the Parliament will speak its own Sense speedily Pray do me that kindness as to go and satisfie the Dutchess of Portsmouth and to let her know she may now have an opportunity of declaring how willing she is to be a good Instrument between the King and his People Said you I can assure you that she is altogether for the same Interest that you look towards for you are very much mistaken if you think she is a Friend to the Duke of York My Lord in short after much intreaty I did give my self that honour which I have no cause to repent or be ashamed of to go to Whitehall humbly to kiss my Lady Dutchess's hand and receive her Commands But when I came there I was surprized with a greater Honour of finding the King there and I think it was an opportunity wherein my time was not ill spent as to my self but I am afraid this 250 l. if it were given for the bringing me thither his Majesty doth not think he hath deserved it at this time Fitz-Harris Your Lordship came there in October last Lord Howard Because I will do you all the right I can it was as I take it the beginning of October and about the 10 th because the Parliament sat down the 23 d and as I remember it was a fortnight before This was the first time that I owe you thanks for the honour of seeing the King After that a matter of ten days I had a second opportunity and by your means also This was the last time I had the honour to seâ— the King but in publick After this I must confess when the Parliament was ended I did then willingly enough invite my self to the honour of waiting upon the Dutchess and give her thanks and tell her I was sensible she had endeavoured as much as in her lay to perswade the King into a good Opinion of the Parliament and to give them time of Sitting and thereby to give them opportunity of explaining their Intentions for his Service and Advantage This was also the last time I had the honour of seeing her At last parting from her I did make it my humble request to her that she would be pleased to represent your Condition to the King since by your means I had the honour to be shewed the way to her Graces Lodgings Fitz-Harris My Lord did not I come to you with a Message the night before my Lord Stafford was condemned Lord Howard You say right and it was in my thoughts and yet I thought it too tender a thing to speak of and therefore I thought it so because I must confess at that time you must excuse me I did believe you did not come with that Authority you pretended to make use of After the time that unfortunate Lord had had his Trial and the House were preparing their thoughts for the sentence I was indisposed and came not to the House that day which provoked the House so much that they were near committing me to the Tower but truly I was so ill in Body and had so little a mind to have my Vote mixed with his Blood that perhaps I should have run the hazard of going to the Tower about it if that had been all But the night before you came to me and told me as a great Secret That you did bring it as the desire of the King and as that which he would take as a great instance of my resignation to his Will and Pleasure and that for which I might promise my self all the greatest kindnesses possible for a Prince to shew to his Subjects if I would go the next day and give my Vote for my Lord Stafford Sir said I I have all the Obligations of Nature and Blood to dispose me as much as can be to favour my Lord Stafford as far as can consist with the integrity and sincerity of a Judg but though I was wavering in my own Thoughts the day before now by the Grace of God I will go though I be carried on Mens backs to the House Now I see there is so great an account put upon it for I see 't is the Concerns not only of my Lord Stafford but the Protestant Cause and then said I If all the Relations I have were melted down into my Lord Stafford if I had but breath enough to pronounce his Doom he shall die Mr. Attorn Gen. My Lord says he did not think you came from the King when you came with that Message Lord Howard Sir can I do you any more Service I shall be willing to do
it if I can I cannot deny but I had by your means the honour of waiting upon the King and the Dutchess but I have so little reason to value my own worth that I cannot imagine how it should turn to the King's Service Dr. Oates My Lord I desire to have liberty of going away the Croud is so great I cannot stand and the Prisoner hath nothing to say to me Mr. Attorn Gen. My Lord that may be part of the Popish Plot to keep Dr. Oates here to kill him in the Crowd Fitz-Harris Have not you something more to say Doctor truly I forget my memory is so distracted Dr. Oates I know not if you have any Questions to ask me I will speak Truth But he had none so the Doctor went away Mrs. Fitz-harris Call Mr. Fanshaw who did not appear Fitz-Harris My Lady Dutchess of Portsmouth Mrs. Wall She is not come because the Court is very full but if the Court will send for her she will come presently Fitz-Harris My Lord I beg that my Lady Dutchess of Portsmouth may be sent for Mrs. Wall She gave me Commission to say If the Court would have her to come she would so do L. Ch. Just We cannot send for her if she please to come so we have no occasion to send for her Mrs. Wall I presume he can't ask her no Questions but what I can answer L. Ch. Just We will not prejudice the Prisoner in his Questions nor send for her unless she will come Fitz-Harris Will you send one of your Footmen Mrs. Wall I am a Prisoner and have no Body to send In the mean time where is the Porter Mrs. Wall Here he is Fitz-Harris How long is it since you paid the mony to me from my Lady Portsmouth Porter I cannot tell indeed 't is so long since Fitz-Harris Let him have his Oath L. Ch. Just No that he can't have Fitz-Harris Was it not Christmass last was twelve month Porter I can't indeed tell what time it was Fitz-Harris You dare not speak the Truth Mr. Just Dolâ—en You disparage your own Witnesses Mr. Serj. Jefferies He hath no Witnesses can say any thing for him and therefore he must find fault with what they say L. Ch. Just Have you any other Witnesses Mr. Fitz-harris Fitz-Harris Yes my Lord my Lord of Arran L. Ch. Just What say you to my Lord Fitz-H Did not my Wife shew you this Libel the Sunday that I was taken E. of Arran I do not remember I ever heard it till I heard it read in the House Fitz-Harris Did you not read it my Lord E. of Arran No not that I remember Fitz-Harris Did not I tell you I was carrying it to the King E. of Arran Not that I know of Fitz-Harris Was it not a dispute whether this was Treason or not E. of Arran You did shew me a Libel but whether this or no I cannot say perhaps it was this I took him for an honest Man my Lord I have known him five Years and knew his Family to be a good Family I happened to be at Dinner with him the day he was taken After Dinner there were some Papers he pulled out and I threw them away I told you you would do your self a mischief some time or other in medling with such Papers There we drank a Bottle or two of Wine together and then we parted As soon as I came home I heard this Gentleman was seized on and taken which surprized me much And this is all the account I can give of the Matter Fitz-Harris Then your Lordship did not read the Paper E. of Arran No indeed not I. Fitz-Harris Did not I tell you I had a promise of a Quit-Rent for Secret-Service E. of Arran I do not know particularly what he told me of the Quit-Rent buâ— I was willing to do him all the good I could about a Reversion of a Pension that he had in the Right of his Wife that was part of my Business that day and thinking he very well deserved it I am very sorry to see that his Fathers Son as the Phrase is in Ireland should be accused of such a Crime Mr. Attorn Gen. My Lord before you go I desire to ask you one Question Did you observe ever that he was employed by the French King or the French Ambassador's Confessor E. of Arran No my Lord never as I heard of He used to speak as honestly as any Man I thought him of the best and loyallest Principles of any of his Religion Mr. Serj. Jefferies What Religion did you take him to be of E. of Arran He always owned himself a Papist and he and I have had some Disputes about it Fitz-Harris Mr. Secretary Jenkins I desire to know of your Honour what the King said of me Mr. Sec. Jenkins I remember the King did conjure him to declare who the Author of the Libel was Fitz-Harris You are a Man of Honour Sir Did not the King own he had employed me Mr. Sec. Jenkins I never remember the King did own he had made use of him by Mrs. Wall 's means or otherwise Fitz-Harris My Lord Conway don't you remember it E. of Conway No not upon my Honour But I have heard him say He did formerly imploy you in some trifling Things Fitz-Harris Did not the King declare in Council that I had gotten Mony of him E. of Conway That was for my Lord Howard of Escrick's Business Mr. Serj. Jefferies Now your Lorship is here I would ask you Did you ever hear the King declare when he first spoke with the King E. of Conway The King never spoke with him till after he was taken he was taken the 27 th of February and the King never spoke with him till the 28 th the day after Fitz-Harris Did not you tell me if the King did put himself upon the Parliament they would use him as his Father was used Mrs. Wall I never told you any such thing You promised me to bring in my Lord Howard of Escrick but they found themselves mightily mistaken in what was promised he would do when he came in L. Ch. Just Why Mr. Fitz-harris you cast any thing upon any Body to make a noise Fitz-Harris Where is Mr. Peacock Mrs. Fitz Harris I would know of her what Mr. Bulstrode said L Ch. Just That every Body may see you are fairly dealt with you shall have all the liberty that can be given You must not ask what another said but call them themselves to say what they know Here is Mr. Bulstrode himself Fitz-Harris Mr. Bulstrode then What Message did you bring from the King to my Wife Mr. Bulstrode No Message at all but I 'le tell you what I know Mrs. Fitz-Harris soon after her Husband came to be close confined delivered a Petition to the King in the Park and the King was pleased to give it to me as he frequently does Mrs. Fitz-harris came to me to tell her what the King said to it Said I the
Plunket I do not say I have not seen him or that I am a stranger to the man but in the companie of Bishop Duffy I never saw him nor I never sent him Orders to pay any money and if he did pay any money he might shew the Order Mr. Serj. Jeff. If he did pay any money you did ill to take it Mr. Att. Gen. Pray let him have fair play to ask any Questions Mr. Soll. Gen. Tell how you came to remember that you saw him at Sir Nich. Plunkets Duffy Dr. Duffy did send me to Sir Nicholas Plunkets and I met Dr. Plunket as I was coming out of the Citie I had been half a year at the Spanish Embassadours and he sent me for Ireland again and then I lived at the Convent in Dublin and then when I knew that he would come to Town I went to Rings-end where the Ships came in to meet him Plunket You say you were with him at my house Duffy Yes Plunket If you were you were invisible But I ask you Why did not you tell this to some Justice of the Peace Mr. Just Dolben Good Mr. Plunket he tells you he was as willing to forward it then as you L. C. J. How come you now to change your mind Duffy I went into France in 77 and I was not there a year altogether but when I have seen how the poor people there are brought into such slaverie by the French King I thought of it and had rather the Devil should reign over us than the French-man Mr. Just Dolben He gives you a very good rational account why Duffy I have been at Sir Nicholas Plunkets and Dr. Patrick Plunkets where there fell some variance about something this man had done to Father Duffy Saies Bishop Duffy I might have had you drawn and quartered if I were as ill a man as you and I might have been Primate of Ireland if I would have undertaken those things that you undertook Upon that saies Sir Nicholas Plunket What is that Why it was said it was to raise 60000 men in Ireland at any time whenever the French or the Spanish King should wage War with England Scotland or Ireland And this man did confess before my face to Father Duffy that it was not onely to exalt himself but all the Roman Clergie and all the Gentrie that had lost their Estates Plunket Mr. Duffy one word with you Is not this out of malice to me for correcting some of the Clergie Duffy You had nothing to do with me for I was a Friar Mr. Att. Gen. Swear Edmond Murfey which was done Tell your whole knowledge of Dr. Plunket and the Irish Plot. Murfey May it please you my Lord I was one of the first Discoverers of this Plot but of nine Witnesses I have but one in Town L. C. J. Well tell your own knowledge Murfey Now I beg your Lordship as to Dr. Plunket thâ—t you will respit it till next Term I could bring ten Witnesses Mr. Att. Gen. Do you speak your own Evidence Murfey I refer it to the King and Council what Evidence I have given L. C. J. Do not trouble your self be directed a little you are here now to speak what you know concerning any Treasons or any other matters against the King done by Dr. Plunket speak your own knowledge for as to other Witnesses we do not call you Murfey If I be called in question for this Evidence Mr. Att. Gen. Come Sir you have been at the Spanish Embassadors lately answer my Question Have you ever been with Plunket in Ireland Murfey Yes Sir Mr. Att. Gen. Have you ever heard him own himself Primate of Ireland Murfey Yes titular Primate Mr. Att. Gen. Under whom did he claim that Authoritie under the King or under the Pope Murfey I think he could not be under the King at all Mr. Att. Gen. Under whom then Murfey It must be either the King or the Pope L. C. J. Answer me directly Did he claim to be titular Primate under the Pope Murfey I suppose he did â— C J. Was he reputed generally so to be Murfey Yes my Lord. Mr At. Gen. Mr. Murfey remember what you swore before the Grand Jurie pray recollect your self whether that be true and tell all L C. J. You are upon your Oath you must speak the truth and the whole truth you must not mince or conceal any thing Mr. Serj. Jeff. Were you sworn before the Grand Jurie Murfey I was sworn before the King and Parliament Mr. Serj. Jeff. Did you give in any Evidence to the Grand Jurie Murfey Yes I did Mr. Serj. Jeff Was that you swore before the Grand Jâ—rie true upon your Oath Murfey I can't say but it was Mr. Serj. Jeff. Repeat it tell my Lord and the Jurie what it was and tell the truth Murfey I have forgot it Mr. Att. Gen. Why then I would ask you a little you remember I was by and 't is no laughing matter Mr. Murfey you will find it so What do you know of any Orders issued out by Mr. Plunket to raise money from the Priests Murfey I know there was Orders and I took the Orders my self in my hand Mr. Att. Gen. From whom had you those Orders Murfey From another and not from him Mr. Att. Gen. Under whose hand were those Orders Murfey They were from the Primate Mr. Att. Gen. Did you see any Order under Plunket's hand for raising of money Murfey No but under the Vicar-generals by his authoritie as I suppose Mâ— Att Gen. Upon your Oath did you not swear before the Grand Juriâ— â—hat you saw the Orders under his hand Murfey No I did not or I was mistaken for it was onely by his direction Mr. Att. Gen. Pray had â—ou any converse with Oliver Plunket about the raising of money Murfey Oliver Plunket about the raising of money Mr. Att. Gen. Yes that is a plain Question Muâ—fey It was about other matters I conversed with him Mr Att. Gen. But did you converse with him about money Murfey No not about the money Mr. Att. Gen. Upon your Oath did you converse with him about bringing in the French Mr. Serj. Jeff. Declare the truth come L. C. J. Come don't trifle What discourse have you had with the Prisoner about raising of money or bringing in the French either of them Sir Murfey I know this if the D. of York and D. of Ormond had proceeded according to their Intentions it was a general expectation at the same time that all the French and Irish would come and fall upon the English Nation as I understood L. C. J. Pray answer the Question directly You must not come and think to trifle with the Court you must speak the truth you are sworn to it you must not come to quibble and run about to this and that and t'other but answer directly Have you had any discourse with the Prisoner about Orders for raising of Money in Ireland Murfey Yes I have seen Orders from his