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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

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pleaded Not Guilty If we prove these things you are to find him Guilty Mr. Serj. Maynard My Lord We will quickly come to the Evidence But in short You have heard his Charge is as high as can be against the King and against the Nation and against all that is good The Design and endeavour of this Gentleman was the Death of the King and the Destruction of the Protestant Religion in Ireland and the raising of War And to accomplish this we charge him that there was a Confederacy made Assemblies and Consultations had to these ends and raising Money to accomplish it Gentlemen Dr. Plunket was made as we shall prove to you as they there call him Primate of Ireland and he got that Dignity from the Pope upon this very Design He did by Vertue of that Power which he thought he had gotten make out Warants Significations I know not what they call them to know how many men in Ireland could bear Arms from Sixteen to Fourty he raises Taxes upon the People and the Clergy there But My Lord the particulars will best fall from the Witnesses that we shall call and prove it by and we need not make any aggravation for such a thing as this cannot be more aggravated than ' t is Mr. Att. General May it please your Lordship and you Gentlemen of the Jury the Character this Gentleman bears as Primate under a Forreign and Usurped Jurisdiction will be a great Inducement to you to give credit to that Evidence we shall produce before you We shall prove that this very Preferment was confer'd upon him upon a Contract that he should raise Sixty Thousand Men in Ireland for the Pope's Service to settle Popery there and to subvert the Government The Evidence that we shall give you will prove how it leads to destroy the King and I take it according to the resolutions that have been to raise War in the Kingdom and to introduce a Forreign Power will be certainly Evidence of an Attempt and Machination to destroy the King Assoon as he was in possession of his Primacy he goes about his work There are two great necessaries to be provided Men and Money For men having this great Spiritual Jurisdiction whereby indeed all that are under it are become Slaves he issues out his Warrants to all the Clergy of Ireland to give an Account and make Return from the several Parishes of all the men in them above Fourteen and under Sixty And Returns were accordingly made by them that he might accordingly take a measure what men to pick out for the Service The next thing was Money My Lord and your Lordship takes notice that when the Mind is enslaved the Purse nay all the Body bows to it He issues out his Warrants to his Clergy to make a Collection of Money in all parts great Sums were Levied and when they were Levied we shall give you an accompt by our Proofs that several Sums were issued out and sent into France to further the Business There was also provision made of great Ammunition and Arms and we shall prove in particular several delivered out by this Gentleman's Order to carry on this thing and to go through stitch with this business he takes a view of all the several Ports and places in Ireland where it would be convenient to land For they were to have from France an Auxiliary Forcce and upon his view he pitched upon Carlingford as the place We shall prove the several Correspondencies between Rome and him and France and him and several Messengers imployed and Moneys issued out from time to time for their maintenance This will be the course of our Evidence and we shall begin first with some that do not speak so particularly to this Doctor but prove there was a general Design in all parts of the Kingdom of Ireland to bring in the King of France and extirpate the Protestant Rehgion And then we shall call the particular persons to the particular Facts against him First we call Florence Wyer Who was sworn Mr. Soll. Gen. Are you sworn Sir Wyer Yes Sir Mr. Soll. Gen. Pray give the Court and the Jury an account of what you know of any Plot in Ireland to introduce the Romish Religion or to bring in the French King Wyer Yes I know there was a Plot both before Plunket's time and in his time for it was working in the years 65 and 66. but it was brought to full maturitie in the year 1667. For then Col. Miles Rely and Col. Bourne was sent to Ireland from the King of France with a Commission to muster as many men as he could promising to send an Army of 40000 men with a Commission upon St. Lewis day in August next following to land at Carlingford to destroy all the true Subjects to destroy the Religion as it was established there and to set up the French King's authority and the Roman-Catholick Religion And one Edmond Angle that was a Justice of peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head-Town of the County and fired the Town the Inhabitants fled into the Castle then they came up to the Goal thinking to break it open and by setting the Prisoners free to joyn them with them but then Angle was shot received a deadly wound and dropt off his Horse and they fled So then when they were without the Town one Charles Mac Canell alighted and took away all the Papers out of his Pocket which if they had been found would have discovered all This occasioned Col. Bourne to be suspected and being so suspected he was taken Prisoner and turned to Newgate in Dublin Then Col. Riley fled away again to France and the Plot lay under a Cloud during th● life of Primate Raley the Prisoner's Predecessor This Primate Raley died beyond Sea Then many of the Popish Religion would h●ve had the Primacie conferred upon one Duffy but the Prisone● at the B●r put in for it which might have been opposed if the Prisoner had not engaged and promised that he would so manage affairs that before the present Government were aware he would surprize the Kingdom provided the Pope and King of France would send a competent Arm●e to joyn with theirs for the effecting of it So the first Year of his coming over I was in the Frierie●at Armagh I was an acquaintance of the Friers and they invited me And one Quine told the Prisoner that they thought Duffy would have been Primate Said he 'T is better as it is for Duffy hath not the wit to do those things that I have undertaken to do meaning that he did undertake to supplant the Protestant Religion to bring in Properie and put the Kingdom under subjection to the King of France Mr. Soll. Gen. How do you know that Wyer Those were the words and in the meaning I knew before because I had heard it talked of L.
C. J. Who was the first of these Primates you speak of Wyer Edmund Raley He set this business on foot first L. C. J. About what Wyer About calling the Rebels together out of the North when they came to Longford L. C. J. What Year was that Wyer It was in the year 67. L. C. J. When died he Wyer He died a little while afterwards L. C. J. Then Duffy would have it conferred upon him Wyer Yes after Raley's decease he would have had it conferred upon him and there was a contention between him and the Prisoner who did engage he would bring things to that full maturity that before the present Government were aware he would do the work L. C. J. How do you know this Wyer I know this because I had an account of it from certain School-fellows that were with me in Ireland then studying in Rome they wrote this to me desiring me I would take a good heart with the rest of my Country-men and assuredly in a short time the Kingdom would be relieved and the Irish restored to their former patrimonies L. C. J. This you speak of their information What do you know of your own knowledge Wyer All that I know is he coming into the Friery of Armagh L. C. J. About what time Wyer It is either 10 or 11 years ago and there was a Fast there and I was invited by the Friers being their acquaintance one Quine one of the Friers told him L. C. J. Told whom Wyer The Prisoner that he did expect Duffy should have been Primate but the Prisoner made answer 'T is better as it is for Duffy had not the wit to manage the things that I have undertaken for the general good of our Religion L. C. J. Now tell me this What things were those he had undertaken did he explain himself Wyer No further than those words But I did conceive this was his meaning because I knew partly of it my self knowing of the former Plot. L. C. J. I ask you onely what words came from him and you say they were That Duffy had not the wit to manage what he had undertaken for the general good of their Religion Wyer Yes and then again in his Assemblie kept by him he charged his inferiours to collect such several sums of money as he thought fit according to the several Parishes and Dignities to assist and supplie the French Forces when they came over L. C. J. How know you that Wyer I have seen the Money collected and I have seen his Warrant sub poena suspensionis to bring it in to redeem their Religion from the power of the English Government Again there were those Rebels that went to Longford L. C. J. What time were those Collections Wyer From time to time since he came into Ireland L. C. J. About what time Wyer 9 Year 8 Year 7 Year ago and the last Year of all L. C. J. Then it was several times you say Wyer Yes and he procured the Macdonels a piece of money out of the Exchequer pretending to do good service to his Majestie but he sent them for France meaning they should improve themselves and bring themselves into favour with the King of France and come over with the French King to surprize Ireland This one of the said Rebels told me So I have seen the Prisoner's Letter directed to the grand Torie Flemming desiring that they should go to France and he would see them in spight of all their E●emies in Ireland ●afe ashoar And Flemming should return again a Colonel to his own glory and the good of his Country Mr. Att. Gen. Do you know his hand Wyer Yes I do as well as my own I have seen Capt. O Neal Son of General O Neal coming every Year into Ireland and carrying three Regiments to the French King into France and he used to come over to Ireland every Year to get a recruit and he did get my Brother to go with him and so much importun'd me that I could hardly withstand him but I did not yield to his desire He told me it was to improve me for my good to improve my self in Military Discipline and then I should return for Ireland a Captain under the French King to surprize the Kingdom and settle the Popish Religion and then I should be restored to my Estate L. C. J. Who told you this Wyer Capt. O Neal. And in the mean while says he I hear Dr. Plunket is the onely man entrusted in Ireland to make these preparations and get things ready against the French King 's coming who is to land at Carlingford Mr. Att. Gen. How often were you in the Doctor 's company Wyer Not very often Plunket I never saw him with my eyes before in all my life Wyer I have seen him in the Priory the first year that he came over to Ireland and you know the meetings held at George Blykes house in the Fives and I have seen him in his own house Mr. Just Dolben How come you to know the Prisoners hand Wyer Because I was well acquainted with his hand seeing his hand amongst the Priests Mr. Just Dolben Did you ever see him write Wyer Yes in the Priory and in his own house Mr. Just Dolben How often Wyer Not often Mr. Just Dolben How often Wyer Ten or a dozen times I should know his hand from all the writing in London if it were among never so many Let me but see it I will know it L. C. J. Have you ever heard him own himself Primate Wyer Yes my Lord he writes himself Oliverus Armacanus Primas Metropolitanus totius Hiberuiae that is his Stile L. C. J. Who did he say made him Primate Wyer The Pope my Lord. L. C. J. Have you heard him say so Wyer Yes I heard him discourse of it in the Priory Mr. Att. Gen. He was a publick Officer and they might well know his hand L. C. J. I believe any body that hath seen us write but a little would soon know our hands Wyer His hand is as well known over Ireland as mine is among my acquaintance L. C. J. Well go on Wyer During the time of his Imprisonment I have seen his Commands to some of his inferiour Dignitaries commanding them sub poena suspensionis to bring in the monies assessed for bringing in the French Armie and that there was no better time than the time of his imprisonment to bring it in L. C. J. Who were they you say that were commanded sub poena suspensionis Wyer Since his taking I have seen in the time of his Imprisonment his Commands to his inferiour Dignitaries not to be forgetful of the Monies that were assessed towards the supplying the French Army and that rhere was no better time to bring in the French than when he was in prison L. C. J. How long ago was that Wyer The first of February 79. The second and last of it was in July and November last L. C. J. And
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
I have not put any thing in it but what the Contents of the Letter were L. C. Just. Was that Letter under his own hand Moyer My Lord cannot deny that Plunket Do you know my own hand Writing Moyer Does your Lordship deny that I know your hand Plunket Pray Sir will you answer it Moyer Yes I do very well Plunket When did you leave Ireland Moyer I will tell you that my Lord 't is some 14 or 15 years ago Mr. Serj. Jefferies You were giving an accompt of the Letter read it Moyer Here is the Contents Illustrissime Domine It was directed to Seignior who is now Secretary of the Colledge de propaganda side so then he read his Paper Mr. Sol. Gen. You say you Translated that out of a Letter under the Prisoners own Hand Moyer Yes I translated it immediately and to prove it I have statutes which his Lordship made in the general National Council which are under your own hand my Lord. Mr. Sol. Gen. When did you make this Translation Moyer Five years ago Mr. Sol. Gen. Where did you make it Moyer I made it out of the Original in Ireland Mr. Sol. Gen. Where is the Original Moyer When I was taken by Mr. Murfey and Mr. Hethrington the last year the Soldiers and Tories came and took them away with other Papers I had of the same business L. C. Just. Was the Paper you translated that from of his hand writing Moyer No my Lord the Paper I took this out of was a Copy of the Original L. C. Just. Was the Original of his hand Writing Moyer Yes it was L. C. Just. Where did you take it Moyer In Caprennica when I met with my Lords Page L. C. Just. What made you take a Copy of it Moyer It was in Latine and Italian and I translated it afterwards L. C. Just. And the English Father you say made bold to open it Moyer Yes because he thought 't was a Letter of Recommendations but the Original of the Statutes made at Clouds I did take the Original and gave a Copy to the Page L. C. Just. Have you the Original here Moyer Yes my Lord under his own Hand Plunket That 's another thing L. C. Just. But we would know that other thing Mr. Serj. Jefferies My Lord I desire that he would produce it 't is his own hand Writing see whether his Grace can deny it Moyer The signing of it is his own hand Writing I got the Writing along with the Letter and thinking to have a Copy of the one as well as of the other it was the Statutes I got and I never knew I had them till I was in Madrid in Spain Then the Paper was shewn to the Prisoner Plunket My Lord 't is my hand Moyer Indeed my Lord it is your own hand Mr. Serj. Jefferies He owns it Moyer And there is an Order in those Statutes wherein Ireland was bound to send so much Money to Rome upon such a design Then the Witness read the Title in Latine Mr. Just. Dolben Look out that Clause for the raising of the money Moyer My Lord 't is that I look for Cum toti Clero in Hibernia necessarium sit Mr. Just. Dolben That is but negotia generally Mr. Serj. Maynard That was to solicite their Affairs Mr. Att. Gen. 'T is 500 l. in the whole Plunket Is it 500 l Moyer 'T is in Figures a 5 and two 00 Plunket My Lord this is Counterfeit 't is put in by other Ink. Mr. Just. Dolben Like enough so L. C. Just. Nothing more ordinary you leave a blank for the Sum and then may be you put it in with other Ink. Mr. Just. Dolben How much do you say was the Money Dr. Plunket Plunket My Lord every Agent that is kept at Rome hath a maintenance as all Countries have their Agents at Rome Mr. Just. Dolben How much was it Plunket It was 50 l. a year L. C. Just. Look you Mr. Plunket consider with your self 50 or 500 in this Case is not 5 farthings difference but the money was to be raised by your Order Plunket Ay but whether it was not raised to this Effect There is never a Nation where the Roman Catholick Religion is professed but hath an Agent for their Spiritual Affairs at Rome and this was for the Spiritual Affairs of the Clergy of Ireland Mr. Serj. Jefferies And the Letter was for Spiritual Affairs too was it not Plunket I desire nothing that is a truth every Nation hath an Agent and that Agent must be maintained and the reason is this because we have many Colledges beyond Sea and so there is no Country of Roman Catholicks but hath an Agent in ●ome L. C. Just. You had better r●serve your self till by and by to answer that and the Letter together for this is but a small part of the Evidence Mr. Att. Gen. About this Letter you were speaking of Pray will you tell what f●ll out about it Moyer I will tell you how it fell out afterwards Then I came along into Marseilles in France and there were 2 Captains that had as much notice as I had in that Letter for they were discoursing that they would advance themselves in the French Kings service and hoped that by the King of France's help to have the Roman Catholick faith set up in their own Country why that discourse passed off for I was mightily affraid of any such thing because I was of another opinion for perhaps I might think the Roman Catholick faith would flourish as well as ever it did and hoped so as well as any body else but not by the Sword As I came to Madrid there came one Hugh O Donnell Son to O Donnell with Letters of Recommendation and those Letters were to intitle the young man Earl of Tyrone and likewise that his Majesty the King of Spain should help him for Ireland according to the form of the Letters he had And then as I came for Ireland speedily after there came Letters of Recommendation to me that I should present my self to my Lord Primate to hear Confessions and be heard Preach I came to his Lordship at his own House the 9 th of December 74 and there he kept me several hours and approved me and the Copy of the Approbation I have to shew Andafter a long dispute we went aside and went to to look Father Patrick and there he shewed me such and such things And after a long discourse I told my Lord Primate I see your Lordships Letter which you sent by young O Neale in such a place and he shew'd me the Contents of it and said ay my Lord 't is a good Intention and Design if it can be done without bloodshed then my Lord mused a little and said he well Father Francis which is my name in Religion my Christian Name was John pray will you keep it secret well my Lord said I you need not fear for said he what ever I have done herein was not