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<DATE>2014-02-06</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
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<ITEM>Proofed and reviewed as part of batch B140013.pdcc.</ITEM>
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<VID>150220</VID>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>The RELATION Of the Tryal and Condemnation of Edvvard Fitz Harris, AND Oliver Plunket Who were Tryed at the <HI>Kings-Bench</HI> on the 8th. and 9th. of this In&s;tant <HI>June,</HI> 1681. And there found guilty and <HI>Condemned</HI> for HIGH TREASON: For Con&s;piring the Death of the KING, and to Subvert the Prote&s;tant Religion and Government, by rai&s;ing <HI>Rebellion</HI> and Leavying Warr.</P>
<P>With their la&s;t Speeches and Confe&s;&s;ion at the place of EXECUTION.</P>
<P>Printed by <HI>H. Brugis,</HI> in the Year 1681.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="account">
<PB REF="2">
<HEAD><HI>The Relation of the Tryals of</HI> Edward Fitz-Harris, <HI>and</HI> Oliver Plunket, <HI>who</HI> were tryed at the <HI>Kings-Bench.</HI> &amp;c.</HEAD>
<P><HI>EDward Fitz-Harris</HI> (the Debate about who&s;e Tryal has filled all people with a longing expectation to know the Event.</P>
<P>It being a matter of a more than ordinary Nature, and attended with circum&s;tances not u&s;uall.) having his Plea overruled: by which he pleaded to the Jurisdiction of the Court of <HI>Kings-Bench</HI> la&s;t Term, and then ordered to prepare for his Tryal the fir&s;t <HI>Thur&s;day</HI> in <HI>Ea&s;ter</HI> Term; was by a Rule of Court brought from the <HI>Tower</HI> to <HI>We&s;tmin&s;ter Hall,</HI> where being &s;et to the Barr: It was moved by Council, That he might be examined as to &s;ome particular points of Di&s;covery, before he entered upon his Tryal; but the Court declared it could not then be granted: and if he would have made any di&s;covery, he &s;hould have done it when he was upon Examination for that purpo&s;e: So that &s;ilence being pro|claimed; the Jury were called, who were all Freeholders in the County of <HI>Middle&s;ex,</HI> and after &s;ome exceptions (both for the King and the Pri&s;oner) twelve were &s;worn, and then his Indictment was read, which contained &s;uch Trea&s;ons as are &s;carcely fit to be &s;o much as mentioned; As to particulars, but in general to this Effect, that <HI>Edward Fitz-Harris</HI> the Pri&s;oner at the Barr, as a fal&s;e Traytor to our Soveraign Lord the King, had Maliciou&s;ly and Trayterou&s;ly con&s;pired again&s;t His Crown and Dignity, intending Him to depo&s;e and murther by rai&s;ing Rebellion and Leavying War to en&s;lave the Nation to a Forreign Power, to introduce Popery and Arbitray Government: in order to the effecting which he had written, or cau&s;ed to be written and de&s;igned to be di&s;|per&s;ed
<PB REF="2">among&s;t His Maje&s;ties Leige Subjects, a Scandalous and Trea&s;onable Libill, Intituled, <HI>The true Engli&s;h Man &s;peaking plain Engli&s;h.</HI> &amp;c.</P>
<P>As for the Trea&s;ons mentioned in the Libell, upon which the Indictment was grounded, (which likewi&s;e was produced and read in Court) I &s;hall forbear to mention, becau&s;e I do not imagine them fit to be publi&s;hed: but their de&s;igned Effects (had not Heaven prevented) were to create a mi&s;un|der&s;tanding between the King and His people; to &s;tir up fears and Jelou&s;ies, to render Him odious and contemptable to His Subjects, to terrifie them with apprehen&s;ions of Ar|bitrary Government Popery and &s;lavery; not only to de|grade His Maje&s;ties Royal Aunce&s;tors (of ble&s;&s;ed Memory) to lay a blot upon His Maje&s;ty and His Po&s;terity, and in fine to blow up a flame of Civil War among&s;t us: that the French and the Papi&s;t to be rai&s;ed in <HI>England</HI> might have fallen up|on when divided, and have put us all to the Sword; this was Je&s;uitick Policy to the Life, and out did (if it be po&s;&s;ible) Hell it &s;elf.</P>
<P>To this Indictment he pleaded not guilty, and for his Tryal, put him&s;elf upon God and the Countrey, when as Mr. <HI>Atorney General</HI> opened the Indictment to the Jury, tell|ing them the Heighnou&s;ne&s;s of the Crime, and that not only the Kings Life was concerned in it, but likewi&s;e theirs, and every Prote&s;tants in <HI>England, Scotland,</HI> and <HI>Ireland:</HI> and that we had all been immediately de&s;troyed, had it taken Effect after him; the Kings Soliciter, and Sr. <HI>George Geffery</HI> the Kings Councellour opened it to the &s;ame Effect, when as Mr. <HI>Edmund Everard</HI> one of the Kings witne&s;&s;es, was called and &s;worn: who te&s;tified that <HI>Fitz-Harris</HI> the Pri&s;oner at the Barr, about the 21. of <HI>Feb.</HI> 1681. Came to him at his Chamber in <HI>Grays Inn:</HI> and having had &s;ome &s;mall acquaint|tance with him in the French Army, he &s;aluted him, and
<PB REF="3">de&s;ired that they might renew it: after which he fell into a di&s;cour&s;e how hardly Mr. <HI>Everard</HI> had been u&s;ed &s;ince he left the Catholick to e&s;pou&s;e the Prote&s;tant intere&s;t: telling withall, that if he would joyn with the Popi&s;h Party, and be a&s;i&s;ting to them, he &s;hould be well provided for, and that it would be very advantagious to him; to this the witne&s;s &s;eemingly con&s;ented to, after which he grew bolder in his di&s;cour&s;e, that he had a de&s;ign to have &s;omething writ, and knowing him a man Capable to undertake it, he would communicate it, which proved to be the Libell or Horrid Trea&s;on: for which he was afterward apprehended, and now tryed; the which Mr. <HI>Everard</HI> con&s;ented too and took his In&s;tructions, appointing a time when the Pri&s;oner &s;hould call for it: but in the mean time he acquainted &s;everal worthy Gentlemen with what had pa&s;&s;ed; who advi&s;ed him to be &s;ecret, that &s;o he might find out the bottom of the de|&s;ign, which he promi&s;ed to do: and thereupon went to Sr. <HI>William Waller,</HI> and Mr. <HI>Smith</HI> one of the Di&s;coverers of the PLOT, who promi&s;ed him their a&s;&s;i&s;tance, who coming by them&s;elves at two &s;everal times when <HI>Fitz-Harris</HI> had appointed to be there: Mr. <HI>Everard</HI> placed them &s;o that they might not only &s;ee the Pri&s;oner, but overhear every word, yet they remaine undi&s;covered; by this means the whole de&s;ign was layed open? for the Pri&s;oner not in the lea&s;t mi&s;tru&s;ting any: who peeping through a Crevice, heard him di&s;cour&s;e about the Libell, and &s;eem &s;omewhat di&s;plea&s;ed that it was not done. As likewi&s;e the &s;aid Mr. <HI>Smith</HI> heard him promi&s;e Mr. <HI>Everard</HI> a great reward, which &s;hould be given him by the French Amba&s;&s;ador for his better en|couragement, and that he &s;hould be entered a Pen&s;ioner under the French King, and &s;ome thou&s;ands of Crowns be&s;ides an Anuall Pen&s;ion: for &s;aid he that King cares not what Moneys he di&s;bur&s;ts, &s;o he can accompli&s;h his De&s;igns, and that he
<PB REF="3">was to have Forty Guineys from the French Amba&s;&s;adors Confe&s;&s;or as &s;oon as he had compleated the Libell: which Li|bell this Evidence &s;aw him take up and read, cro&s;&s;ing out and putting in as he thovght fit, and that when this Libell was fini&s;hed and di&s;per&s;ed, &s;o that it had &s;et the people a madding, that Mr. <HI>Everard</HI> &s;hould go to Common Council and Citizens of <HI>London</HI> to Incence them again&s;t the King, and per&s;wade them to offer &s;ome Hundred Thou&s;and of Pounds to the Parliament to &s;it at <HI>Oxford,</HI> to promi&s;e to &s;tand by him with their Lives and Fortunes, to ri&s;e all as one Man, and not to Disband till their (pretended) grievances were &s;etled.</P>
<P>The&s;e and &s;uch like Trea&s;onable Practices were u&s;ed by this Impious Traytor, to overthrow the Government and introduce a French Power: which he &s;aid would fir&s;t Con|quer <HI>Flanders</HI> and the low Countries, and then falling upon us, divided among&s;t our &s;elves, would devour us at a Mor&s;ell. For &s;o were his Expre&s;&s;ions.</P>
<P>The next which gave Evidence was Sr. <HI>VVilliam VValler,</HI> who was likewi&s;e placed by Mr. <HI>Everard</HI> to over-hear his di&s;cour&s;e, who &s;aw the Papers before <HI>Fitz-Harris</HI> came: to which he gave a private mark that he might know them again; then he &s;aw <HI>Fitz-Harris</HI> come in and heard him ask for um, the which when Mr. <HI>Everard</HI> delivered, he peru&s;ed, and after having cro&s;&s;ed out what he thought fit, and Incerted &s;everal Sentences, he returned them to be fair written over: and when Mr. <HI>Everard</HI> began to boggle; Saying, <HI>That it was a Trea&s;on of a very high Nature, and he knew not what to think of it.</HI> Then <HI>Fitz-Harris</HI> replyed, the more Trea&s;on the better, am not I as deeply concern'd in it as you, have you not part of it under my Hand.</P>
<P>Mr. <HI>Everard</HI> being again Examined what was to be done with them, he &s;aid <HI>Fitz-Harris</HI> told him they were to be di&s;per&s;ed in Penny Po&s;t Letters, and put into peoples Pockets
<PB REF="4">and e&s;pecially into &s;ome of the Prote&s;tant Lords, who there|upon were to be apprehended as Traytors, &amp;c.</P>
<P>There were two more Evidences again&s;t him, but tho&s;e not very Meteriall, therefore I &s;hall omit, only Sr. <HI>Phillip Floyd</HI> gave te&s;timony that the Pri&s;oner had confe&s;&s;ed a Trea&s;onable paper to be his own Hand writing.</P>
<P>After the&s;e and many other tedious Circum&s;tances had po&s;&s;e&s;&s;ed, the Kings Councill &s;ummed up the Evidence, lay|ing open the Heighnou&s;ne&s;s of the Crime in all its particulars? after which the Court gave the Jury their charge, and having &s;atisfied them in &s;ome Scrupulous Queries they &s;tarted in Relation, the <HI>Pri&s;oner</HI> having been Impeached by the Hou&s;e of Commons, they went out, and after an hours Debate And on the 15th. of this in&s;tant <HI>June</HI> 1681 <HI>Oliver Plunket</HI> &amp; <HI>Fitz-Harris</HI> were generally &s;entenced to be drawn hangd &amp; quarted.</P>
</DIV1>
<DIV1 TYPE="speech">
<HEAD>Mr. <HI>Fitz-Harrys's</HI> Speech at his Execution at <HI>Ty|burn</HI> July 1. 1681.</HEAD>
<P><HI>GOod People, This Infamous kind of Death is much more irksome to me than Death it &s;elf: Such a Judgement as this my Sins again&s;t God may ju&s;tly bring upon me, and I do mo&s;t humbly &s;ubmit unto it. But as to the Crimes which I now die for, I take God to Witne&s;s, I was no further concerned in the Libel, than to di&s;cover to the King what Pra|cti&s;es of that kind were again&s;t him, being employed for that end, though tho&s;e that employed me refu&s;ed to do me Ju&s;tice at my Trial. And I call God to witne&s;s I never had a Farthing of Money of the King in my life, but on the Account of the like Service. And as to the Witne&s;&s;es that have Sworn again&s;t me I do here &s;olemnly declare, now at my Death, that I have not &s;een the</HI> French <HI>Amba&s;&s;adour &s;ince the beginning of the breaking out of the Plot, neither have I had any acquaintance with him. And as to his Confe&s;&s;our, I never spoke with him in my life; neither have I had any dealing, either directly or indirectly in my life with them, though Sir</HI> Will. Waller <HI>and the re&s;t Swore mo&s;t fal&s;ly to the contrary. And how like it is that the</HI> French <HI>Amba&s;&s;adour would give three thou&s;and Crowns for Writing that Libel, I leave the world to judge. I forgive all the World, and do hope that God will forgive me. I beg the Prayers of all good People for a happy Pa&s;&s;age into the other World.</HI></P>
<CLOSER><SIGNED>EDWARD FITZ-HARRIS.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="speech">
<PB REF="4">
<HEAD>The la&s;t &s;peech of <HI>Mr. Oliver Plunket</HI> Titular Primate of Ireland, who was Executed at Tyburn on <HI>Friday</HI> the 1&s;t. of this in&s;tant July, 1681. Written by his own hand.</HEAD>
<P>I <HI>Have &s;ome few daies pa&s;t abided my Tryal at the Kings Bench, and now very &s;oon I mu&s;t hold up my hand at the King of King's Bench, and appear before a Judge who cannot be deceived by fal&s;e Witne&s;&s;es, for he knoweth the &s;ecrets of Hearts, he being all goodne&s;s, and a mo&s;t ju&s;t judge, will infallibly decree an E|ternal reward for all good works, and condign puni&s;hment for the &s;malle&s;t tran&s;gre|&s;&s;ion again&s;t his Commandements.</HI> Which being a mo&s;t certain and undoubted Truth; it would be a wicked Act, that I &s;hould now by declaring any thing contrary to Truth commit a dete&s;table &s;in, for which within a very &s;hort time I mu&s;t receive &s;entence of everla&s;ting Damnation, after which there is no Re|prieve or hope of Pardon. I will therefore Confe&s;s the Truth, without any E|quivocation, and I prote&s;t upon the word of a Dying man, and as I hope for Salvation at the Hands of the &s;upream Judge, that I will declare the Naked Truth with all Candor and Sincerity: And that my Affairs may be better known to all the world. <HI>Tis to be ob&s;erved that I have been Accu&s;ed in</HI> Ireland <HI>of Trea&s;on and</HI> Praemunire, <HI>and that there I was Arraigned and brought to my Tryal; but the Pro&s;ecutors (men of Flagitious and Infamous Lives) perceiving that I had Records and Witne&s;&s;es who would evidently convince them, and clearly &s;hew my Innocency, &amp; their wickedne&s;s; they voluntarily ab&s;ented them&s;elves, and came to this City that I &s;hould be brought hither to my Trial: Here after &s;ix Months clo&s;e Impri&s;onment I was brought to the Bar the</HI> 3d <HI>of</HI> May, <HI>and Arraigned for a Crime for which I was before Arraigned in</HI> Ireland: <HI>A &s;trange Re&s;olution, a rare Fact, of which you will hardly find a Precedent the&s;e</HI> 500 <HI>Years pa&s;t: But whereas my Witne&s;&s;es and Records were in</HI> Ireland, <HI>the Lord Chief Ju&s;tice gave me five weeks time to get them brought hither, but by Rea&s;on of the uncertainty of the Seas, of wind and weather, I could not get them hither, I therefore begged for</HI> 12 <HI>daies more which the Lord Chief Ju&s;tice denied. &s;o I was brought to my Trial, Accu&s;ing me of the&s;e following points.</HI> Fir&s;t that I have &s;ent Letters by one <HI>Nial O Neal</HI> who was my Page to Mon&s;ieur <HI>Balde&s;chi,</HI> the Popes Secretary, to the Bi&s;hop of Aix, and to <HI>Principe Colonna,</HI> that they might &s;olicit Forrain Powers to invade <HI>Ireland,</HI> and al&s;o to have &s;ent Letters to Cardinal <HI>Bullion</HI> to the &s;ame effect. 2ly. to have imployed Captain <HI>Con O Neal</HI> to the French King for &s;uccour. 3ly. To have Levied and Exacted Monies from the Clergy of <HI>Ireland</HI> to bring in the French, and to maintain 70000 men. 4ly. To have had in readine&s;s 70000 men, and Li&s;ts made of them. 5ly. To have &s;urrounded all the Forts and Harbours of <HI>Ireland,</HI> for the Frenches Landing. To all which I an&s;wer, as I hope for &s;al|vation I never &s;ent Letters, rai&s;ed &s;ums, or Plotted again&s;t my King &amp; Coun|trey.</P>
<PB REF="5">
<P><HI>You &s;ee therefore what a Condition I am in, and you have heard what Prote&s;tati|ons I have made of my Innocency, &amp; I hope you will believe the words of a dying man; And that you may be the more induced to give me credit, I a&s;&s;ure you, That a great Peer &s;ent me notice,</HI> That he would &s;ave my life, if I would accu&s;e others. <HI>but I an&s;wered,</HI> That I never knew of any Con&s;pirators in <HI>Ireland,</HI> but &s;uch <HI>(as I &s;aid before)</HI> as were publickly known Outlaws; And that, to &s;ave my Life, I would not fal&s;ly accu&s;e any, nor prejudice my own Soul. <HI>Quid prode&s;t homini,</HI> &amp;c. To take away any man's Life or Goods wrongfully, ill becometh any Chri&s;tian, e&s;pecially a man of my Calling, being a Clergy-man of the Catho|lick Church, and al&s;o an unworthy Prelate, which I now openly confe&s;s. <HI>Nei|ther will I deny to have exerci&s;ed in</HI> Ireland <HI>the Functions of a Catholick Prelate, as long as there was any Connivance or Toleration; and by Preaching, and Teach|ing, and Statutes, to have endeavoured to bring the Clergy (of which I had a care) to a due comportment, according to their Calling; and tho' thereby I did but my duty, yet &s;ome who would not amend had a prejudice for me, and e&s;pecially my Accu&s;ers, to whom I did endeavour to do good; I mean the Clergy-men, (as for the four Lay|men who appeared again&s;t me,</HI> viz. Florence Mac-Moyer, <HI>the</HI> 2 Neals, <HI>and</HI> Han|lon, <HI>I was never acquainted with them;) but you &s;ee how I am requited, and how by fal&s;e Oaths they brought me to this untimely death; which wicked act being a defect of Per&s;ons, ought not to reflect upon the Order of S.</HI> Francis, <HI>or upon the</HI> Roman <HI>Catholick Clergy. It being well known, that there was a</HI> Judas <HI>among the</HI> 12 <HI>Apo&s;tles, and a wicked man called</HI> Nicholas <HI>among&s;t the &s;even Diacons; And even, as one of the &s;aid Diacons, to wit, holy</HI> Stephen, <HI>did pray for tho&s;e who &s;toned him to death; &s;o do I, for tho&s;e who with</HI> Perjuries <HI>&s;pill my Innocent Blood, &s;aying, as St.</HI> Stephen <HI>did,</HI> O Lord lay not this Sin to them. <HI>I do heartily forgive them, and al&s;o the Judges, who (by denying me &s;ufficient time to bring my Records and Witne&s;&s;es from</HI> Ireland) <HI>did expo&s;e my Life to evident danger. I do al&s;o forgive all tho&s;e who had a hand in bringing me from</HI> Ireland <HI>to be tryed here, where it was morally impo&s;&s;ible for me to have a fair Tryal. I do finally forgive all who did con|cur, directly or indirectly, to take away my Life, and I ask forgivene&s;s of all tho&s;e whom I ever offended by Thought, Word, or Deed.</HI></P>
<P>I <HI>be&s;eech the All-powerful, That his Divine Maje&s;ty grant our King, Queen, and the Duke of</HI> York, <HI>and all the Royal Family, Health, long Life, and all Pro&s;perity in this world, and in the next everla&s;ting felicity.</HI></P>
<P>To the final &s;atisfaction of all Per&s;ons, that have the Charity to believe the Words of a Dying Man; I again declare before God, as I hope for Salvation, what is contained in this Paper, is the plain and naked truth without any Equivocation, Mental Re&s;ervation, or &s;ecret Eva&s;ion what&s;oever; taking the Words in their u&s;ual &s;en&s;e and meaning, as Prote&s;tants do, when they di&s;cour&s;e with all Candour and &s;incerity. To all which I have here &s;ub&s;cribed my Hand,</P>
<CLOSER><SIGNED>OLIVER PLUNKET.</SIGNED></CLOSER>
<TRAILER>FINIS.</TRAILER>
<PB REF="5">
</DIV1>
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