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<DATE>2009-09-05</DATE>
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<NAME>Mona Logarbo</NAME>
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<HEAD>THE TRYAL OF Edward Fitz-Harris, WHO Was Convicted at the Kings Bench-Bar in <HI>WESTMINSTER-HALL.</HI></HEAD>
<HEAD TYPE="sub">ON The ninth of this In&s;tant <HI>June,</HI> 1681. For High Trea&s;on, in con&s;piring the Death of the King. And by &s;everal Trea&s;onable practices to &s;ubvert the Govern|ment, with the &s;everal Sercum&s;tances that attended his Tryal. As al&s;o the Tryal of <HI>Oliver Plunket</HI> Titular Arch Bi&s;hop of <HI>Dubling,</HI> who was Tryed at the Kings Bench-Bar, and there found guilty of High Trea&s;on the eighth In&s;tant.</HEAD>
<P><HI>EDward Fitz Harris</HI> being brought to the Kings Bench-Bar, the la&s;t Term where his Indictment for High Trea&s;on, being Read he pleaded by his Coun&s;el to the Juri&s;diction of the Court; alledging that he &s;tood Impeached by the Hou&s;e of Commons, and there|fore could not be Tryed in any Inferiour Court, as likewi&s;e that there was a Record of his Impeachment in the Hou&s;e of Lords. But upon Inquiry that was found a mi&s;take, &s;o that notwith&s;tanding the many and tedious objections his Coun&s;el made, again&s;t his being Tryed, after the Kings Coun&s;el had Learnedly an&s;wered each Objection; And Mr. <HI>Atturney General</HI> demurred to his Plea, the Court thought fit
<PB N="2" REF="2"><!-- PDF PAGE 41 -->to over rule the &s;ame, and Order him to prepare for his Tryal, as this day which he no ways neglected, but &s;um|moned his witne&s;&s;es, and took all convenient In&s;tructions having had as fair a time allowed him as he could wi&s;h. So that none can Object that he was Tryed without mature deliberation. So that according to appointment he was brought to his Tryal this day, from the <HI>Tower</HI> by water guarded very &s;trongly, and being brought to the Bar after the Jury were &s;worn, the Court proceeded and his Indict|ment being Read which contained many horrid Trea&s;ons again&s;t his Mo&s;t Sacred Maje&s;ty. It being drawn from a Seditious and Trea&s;onable <HI>Libel;</HI> Entituled the <HI>True Eng|lish man,</HI> &s;peaking plain <HI>Engli&s;h</HI> which the Pri&s;oner gave Mr. <HI>Everard</HI> In&s;tructions how to draw and write a good part of it, with his own hands as was atte&s;ted upon Oath by him in Court. The Indictment was &s;pecified according to that of the <HI>Libel,</HI> wherein was contained &s;uch Trea&s;ons and Re|bellious Practices as are not convenient to be mentioned as to particulars, but in general it was to render His Maje&s;ty dete&s;table to his Subjects, to &s;tir up jealou&s;ies and fears a|mong&s;t them, of arbitrary Government and introduction of Popery to rai&s;e a univer&s;al Rebellion, which &s;hould be carried on under the notion of the De&s;enters. And then in the general confu&s;ion they de&s;igned, that the <HI>French</HI> King &s;hould Land an Army, and &s;wallow us up in a moment. So that the whole Foundation of the Prote&s;tant Goverment &s;hould be overturned, and the&s;e Kingdoms be reduced under th<GAP DESC="illegible" REASON="damage" EXTENT="1 letter"> Tyranny of <HI>Papi&s;ts</HI> and <HI>Popery.</HI> The&s;e were his practi<GAP DESC="illegible" REASON="damage" EXTENT="3 letters"> and in order to putting them in Execution about the 21 <GAP DESC="illegible" REASON="damage" EXTENT="1 span"> <HI>Feb.</HI> la&s;t he came to Mr. <HI>Everards</HI> Chamber in <HI>Grays I<GAP DESC="illegible" REASON="damage" EXTENT="3 letters"></HI> and began to &s;ound how he &s;tood affected, he having h<GAP DESC="illegible" REASON="damage" EXTENT="2 letters"> &s;ome &s;mall knowledg of him in the <HI>French</HI> Kings Servi<GAP DESC="illegible" REASON="damage" EXTENT="2 letters"> grew the more familiar, telling him that he had heard h<GAP DESC="illegible" REASON="damage" EXTENT="2 letters"> hardly he had been u&s;ed, &s;ince he had adhered to the P<GAP DESC="illegible" REASON="damage" EXTENT="2 letters">+te&s;tant intre&s;t, but that if he would &s;tand to the Catholi<GAP DESC="illegible" REASON="damage" EXTENT="1 letter"> he &s;hould not only have a con&s;iderable Sum of Mony but be advanced to great preferment; the which Mr. <HI>Everard</HI>
<PB N="3" REF="2"><!-- PDF PAGE 41 -->&s;eemingly con&s;ented too. Then began he to talk of draw|ing up the pernicious <HI>Libel,</HI> which <HI>Libel</HI> he told Mr. <HI>Everard</HI> was to be put into the pocket, not only of &s;everal Worthy Prote&s;tant Lords, but into &s;everal Citizens and others, and then he would have Villans ready to detect them, and &s;wear again&s;t them&punc; with &s;everal other Trea&s;onable de&s;igns.</P>
<P>And further he would have had Mr. <HI>Everard</HI> the witne&s;s again&s;t him to have gone to the Citizens and to have procured them to make an Addre&s;s to the Parliament, and offer to &s;tand by them with their lives and fortunes, and to offer them &s;everal Hundred Thou&s;and Pounds for the &s;ecuring their Liberties and Property, which he was to in&s;inuate were in eminent danger to ri&s;e, and not to disband them&s;elves till they had accompli&s;hed their de&s;igns, or words to that effect. And further he told him, that the <HI>French</HI> Emba&s;&s;adours Confe&s;&s;our was chiefly concerned in it, and that the Emba&s;&s;adour had daily notice given him what was done in <HI>Par|liament</HI> by &s;ome that did adhere to the <HI>French</HI> Intere&s;t: At the&s;e notorious Trea&s;ons Mr. <HI>Everard</HI> was &s;omewhat &s;tartled, yet hid his re&s;entments, re&s;olving to find out the depth of the de&s;ign, if po&s;&s;ible; whereupon he appointed him a day to come for the Li|bel before mentioned, and in the mean while he acquainted &s;overal worthy Gentlemen what had pa&s;&s;ed, among&s;t which were Sir <HI>William Waller,</HI> and Mr. <HI>Smith</HI> one of the Kings Evidence, who at &s;everal times he conveyed into private places to overhear what di&s;cour&s;e pa&s;|&s;ed between him and the Pri&s;oner: The fir&s;t was Mr. <HI>Smith,</HI> who gave his Evidence that about the latter end of <HI>February.</HI> 1681. when <HI>Fitzharris</HI> was there, he being in a private Clo&s;et, through a hole made for that purpo&s;e, not only &s;aw, &s;o as perfectly to know him a|gain, but heard him di&s;cour&s;e about the horrid con&s;piracy or villanous de&s;ign, and heard Mr. <HI>Everard</HI> &s;ay when they were di&s;cour&s;ing about the Libel, that it was a Trea&s;on and horrid de&s;ign, and he did not think it &s;afe, to which <HI>Fitzharris</HI> replied, that the more Trea&s;on the better, and he was as &s;afe as him&s;elf, for he was more involved in it than Mr. <HI>Everard,</HI> for he had given his hand for it: And further Mr. <HI>Everard</HI> &s;aid, that he told him as &s;oon as he had writ the Papers he &s;hould have 40 Guinies, and become a Pentioner to the <HI>French</HI> King, and have &s;ome Thou&s;ands of Crowns, extolling greatly the Liberality of that Prince, &s;aying, that he never &s;pared his money upon &s;uch occa&s;ions.</P>
<P>Sir <HI>William Waller</HI> being &s;worn, did likewi&s;e te&s;tifie that Mr. <HI>Eve|rard</HI> &s;ending a Letter to him to de&s;ire him to come to him, but he &s;cru|pled it at fir&s;t, as not knowing what the intention of it might be, but upon mature deliberation, and out of a zeal to &s;erve his King and Country, he went, and after &s;ome time was conveyed by Mr. <HI>Everard</HI>
<PB N="4" REF="3" MS="y"><!-- PDF PAGE 42 -->into a private Room, where through a crevis, and a &s;lit in the Hang|ings, he could di&s;cern the Pri&s;oner: And if Mr. <HI>Everard</HI> brought him the Papers, which after he had peru&s;ed, he gave them a private mark to know them again, and that he heard the Pri&s;oner di&s;cour&s;e after his u&s;ual manner, and &s;aw him make &s;everal alterations in the Papers, telling Mr. <HI>Everard</HI> he &s;hould have a good reward, but at that time named no certain Summ, after this happy di&s;covery of &s;o horrid a vil|lany, he was apprehended.</P>
<P>And upon examination confe&s;&s;ed a trea&s;onable Paper to be his hand|writing; there were &s;everal other Witne&s;&s;es, but the worthy Gentle|men before mentioned were the mo&s;t material.</P>
<P>To the&s;e home Trea&s;ons &s;o po&s;itively &s;worn again&s;t him, he rather &s;trove to ju&s;tifie him&s;elf, by reflecting upon, not only his Maje&s;ty, but &s;everal other Per&s;ons of Honour, even in the face of the Court, and turning his Maje&s;ties charitable benevolence towards him, to evil con&s;tructions, to the dete&s;tation of all good Subjects that heard him aggravate his Villanies, he called &s;everal Per&s;ons of Honour to te&s;tifie on his behalf, but for the mo&s;t part their Te&s;timonies were rather again&s;t him than for him, &s;o that after the Kings coun&s;el had &s;ummo|ned up the Evidence, and declared the nature of &s;o heinous a Crime; the Court proceeds to give the Jury their Charge, and having &s;atisfied them in &s;ome &s;cruples by them objected, they went out, and after half an Hours debate brought him in Guilty of High Trea&s;on, at which there was a general Hum throughout the Court.</P>
<P>ON the <HI>Eighth</HI> of this in&s;tant, <HI>Oliver Plunket</HI> Titular Arch-Bi&s;hop of <HI>Dublin,</HI> was brought to his Tryal, where it was proved again&s;t him, that he held Corre&s;pondence with the <HI>French</HI> Kings Confe&s;&s;or, and de|&s;igned to bring in a <HI>French</HI> power to &s;ubdue that Kingdom, to Levy War, and rai&s;e an Army, in order to which he had made great Gather|ings of Moneys, and given out Commi&s;&s;ions, de&s;igning to betray &s;eve|ral Important Landing-places to the <HI>French,</HI> of which Trea&s;onable pra|ctices he was Convicted, &amp;c.</P>
<TRAILER>FINIS.</TRAILER>
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<P>Printed for <HI>Thomas Davis.</HI></P>
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