The tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high-treason at the barr of the Court of King's Bench at Westminster, in Trinity term, 1681. Plunket, Oliver, Saint, 1629-1681. 1681 Approx. 173 KB of XML-encoded text transcribed from 31 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A63140 Wing T2139 ESTC R25660 09054008 ocm 09054008 42345

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Early English books online. (EEBO-TCP ; phase 1, no. A63140) Transcribed from: (Early English Books Online ; image set 42345) Images scanned from microfilm: (Early English books, 1641-1700 ; 1296:27) The tryal and condemnation of Dr. Oliver Plunket, titular primate of Ireland, for high-treason at the barr of the Court of King's Bench at Westminster, in Trinity term, 1681. Plunket, Oliver, Saint, 1629-1681. England and Wales. Court of King's Bench. 60 p. Printed by Joseph Ray for Eliphal Dobson, Dublin : 1681. Reproduction of original in the Bodleian Library.

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eng Popish Plot, 1678. Trials (Treason) -- Great Britain. 2006-01 Assigned for keying and markup 2006-02 Keyed and coded from ProQuest page images 2006-03 Sampled and proofread 2006-03 Text and markup reviewed and edited 2006-04 Batch review (QC) and XML conversion

THE TRYAL AND CONDEMNATION OF Dr OLIVER PLUNKET Titular PRIMATE of IRELAND, FOR HIGH-TREASON, At the Barr of the Court of King's Bench, at Weſtminſter, in Trinity Term, 1681.

I do appoint Francis Tyton, and Thomas Baſſet, to Print the Tryal of Oliver Plunket.

Fr. Pemberton.

DUBLIN, Printed by Joſeph Ray at Colledge-Green, for Eliphal Dobſon Bookſeller on Cork-hill. 1681.

The TRYAL and CONDEMNATION of Dr. OLIVER PLUNKET Titular Primate of IRELAND.

THE Third of May 1681. in Eaſter 33. Carol. Secund. Reg. Dr. Oliver Plunket was arraigned at the Kings-Bench Bar for High Treaſon for endeavouring and compaſſing the Kings Death, and to levy War in Ireland, and to alter the Religion there, and to introduce a foreign Power, and at his Arraignment, before his Plea, he urged for himſelf, that he was indicted of the ſame High Treaſon in Ireland, and arraigned, and at the day for his Tryal the Witneſſes againſt him did not appear, and therefore he deſired to know if he could be tried here for the ſame Fact? The Court told him, that by a Statute made in this Kingdom, he might be tried in the Court of Kings-Bench, or by Commiſſion of Oyer and Terminer in any part of England, for Facts ariſing in Ireland, and that his Arraignment there (he being never tried upon it) was not ſufficient to exempt him from being tried here; becauſe till a Tryal be paſſed, and there be a Conviction or Acquittal thereupon, an Arraignment, barely, is no Plea: For in ſuch Caſes the party is not put twice in danger of his Life, which only is the thing the Law in ſuch Caſes looks after to prevent. He then deſired time for his Witneſſes, which they told him he could not do till after Plea pleaded; whereupon he pleaded Not Guilty, and put himſelf upon the Country for his Tryal; and after ſome conſideration had about time to be allowed him to bring his Witneſſes from Ireland, the Court appointed the day for his Tryal, to be the firſt Wedneſday in next Term, which was full Five weeks time.

And accordingly on Wedneſday the 8th. of June, in Trinity Term, he was brought to his Tryal, and Proclamation, as in ſuch Caſes is uſual, being made, it proceeded thus.

Clerk. of Crown.

Oliver Plunket, hold up thy Hand, thoſe good men which thou ſhalt hear called and perſonally appear, are to paſs between, &c.

Plunket.

May it pleaſe your Lordſhip, I have been kept cloſe Priſoner for a long time, a year and an half in Priſon; when I came from Ireland hither, I was told by perſons of good repute, and a Counſellour at Law, that I could not be tried here; and the reaſons they gave me were, that firſt the Statute of Hen. 8. and all other Statutes made here, were not received in Ireland, unleſs there were an expreſs mention made of Ireland in them: So that none were received there but ſuch as were before Poyning's Act. So I came with that perſwaſion that I could not be tried here, till at my Arraignment your Lordſhips told me it was not ſo, and that I muſt be tried here, though there was no expreſs mention made of Ireland. Now, my Lord, upon that, whereas my Witneſſes were in Ireland, and I knew nothing of it, and the Records upon which I very much relye were in Ireland, your Lordſhip was pleaſed to give me time from the 4th. of the laſt month to this day; and in the mean time, as your Lordſhip had the Affidavit here yeſterday, and as Captain Richardſon can teſtifie, have not diſpatched only one, but two to Ireland: into the Counties of Armagh, Dublin, &c. and where there were Records very material to my Defence: but the Clerk of the Crown would not give me any Copy of any Record at all, unleſs he had ſome expreſs Order from your Lordſhip So that whether it were that they were miſtaken, or wilfully refuſed. I could not get the Records which were very material for me. For in ſome of thoſe Records ſome of theſe that accuſe me were convicted of high Crimes, and others were Outlawed and Impriſoned, and broke Priſon; and there were other Records alſo of Excommunication againſt ſome of them, and I could not get the Records, unleſs your Lordſhip would inſtruct me in ſome way or other, how I can get over them that are moſt material for my Defence. The Servants that I ſent hence, and took Shipping for Ireland, were two days at Sea, and caſt back again, and from thence were forced to go to Holly Head, and from Holly Head in going to Dublin they were thirteen or fourteen days, the Winds were ſo contrary; and then my Servant went about to go into the County of Armagh and Derry, that were a Hundred miles from Dublin, and Meath, and other places; ſo that in ſo ſhort a time, my Lord, it was morally impoſſible for them to have brought the Witneſſes over; and thoſe that were ready to have come, would not ſtir at all, unleſs they had a Paſs from hence, becauſe ſome of them were Roman Catholicks, and they had heard that here ſome were taken Priſoners that were Roman Catholicks, and that none ought to come without a Paſs; and they being Witneſſes againſt the King, they might be clapped up here, and brought into very ill condition: ſo they ſent one over that made Affidavit.

L. C. J.

It was the Affidavit was read here yeſterday.

Plunket.

So that, my Lord, I conceive your Lordſhip will think I did it not out of any intent to put off my Tryal; for Captain Richardſon is here, who knows that I writ by the Poſt, and deſired them to come with the Pacquet-Boat, and they writ over to the Captain after they were landed; ſo that I depended upon the Wind and the Weather for my Witneſſes, and wanted your Lordſhips Order for the Records to be brought over, and that their Examination might be brought into Court, and their own original Examination here might be compared with it. So I humbly beg your Lordſhips favour, the Caſe is rare, and ſcarce happens in five hundred years, that one ſhould be in my circumſtances. I am come here where no Jury knows me, nor the Quality of my Adverſaries; If I had been in Ireland I would have put my ſelf upon my Tryal to morrow without any Witneſſes, before any Proteſtant Jury that knew them and me. And when the Orders went over, that I ſhould be tried in Ireland, and that no Roman Catholick ſhould be upon the Jury, and ſo it was in both the Grand and other Jury; yet then when I came to my Tryal, after I was arraigned, not one appeared: This is manifeſt upon the Record and can be proved.

L. C. J.

There was no Proſecution of you there.

Plunket.

But, my Lord, here is no Jury that knows me, or the quality of my Adverſaries; for they are not a Jury of the Neighbourhood that know them, and therefore my Caſe is not the ſame with other Caſes. Though I cannot harbour, nor do not, nor will not, nor ought not, the leaſt conceipt of hard meaſure and injuſtice; yet if I have not full time to bring my Records and Witneſſes altogether, I cannot make my Defence. Some were there then, ſome afar off, ſo that it was a miracle that in ſix or ſeven Counties they could do ſo much as they did: But they got in ſeven or eight of them, yet there were five or ſix wanting: Therefore I beſeech your Lordſhip that I may have time to bring my Records and Witneſſes, and then I will defie all that is upon the Earth and under the Earth to ſay any thing againſt me.

L. C. J.

Look you, Mr. Plunket, 'tis in vain for you to talk and make this diſcourſe here now; you muſt know, that by the Laws of this Kingdom, when a man is indicted and arraigned of Treaſon or Felony, 'tis not uſual to give ſuch time; 'tis rare that any man hath had ſuch time as you have had, five weeks time to provide your Witneſſes: If your Witneſſes are ſo cautions, and are ſuch perſons that they dare not, or will not venture for fear of being apprehended, or will not come into England, without ſuch and ſuch cautions, we cannot tell how to help it; we can't furniſh you with Witneſſes, you muſt look to get your Witneſſes your ſelf; if we ſhould ſtay till your Witneſſes will come, perhaps they will never come here, and ſo you will eſcape out of the hands of Juſtice. Do not be diſcouraged in this, the Jury are ſtrangers to you peradventure, but they are honeſt Gentlemen, and you ſhall have no other upon your Jury; and you may be confident, that if there be not ſome Fact proved againſt you, that may amount to Treaſon, you ſhall be diſcharged; they are perſons that underſtand ſo much, and we will direct them ſo much. You ſhall have as fair a Tryal as if you were in Ireland; but for us to ſtay for your Witneſſes, or ſend you back to Ireland, we cannot do it: Therefore you muſt ſubmit to your Tryal. We heard your Affidavit yeſterday, and we did then tell the Gentlemen that moved it, as much as we tell you. You are here to be tried, look to the Jury as they are called, and except againſt them if you will.

Plunk.

My Lord, I deſire only to have the favour of time, ſome time this Term.

L. C. J.

We can't do it.

Cl. of Cr.

Swear Sir John Roberts.

Plunk.

I humbly preſent this to your Lordſhip, I am then in eminent danger of my Life, if I cannot get ten days to have my Witneſſes over: I deſire I may have but to the 21th. of this month, and then if they do not come you may go on.

L. C. J.

We cannot do it, you have had five weeks time already.

Plunk.

I deſire but a few days.

Cryer.

Sir John Roberts, take the Book, look upon the Priſoner; You ſhall well and truly try, &c.

Plunket.

My Lord, I deſire to know whether they have been of the Juries of Langhorn, or the Five Jeſuits, or any that were condemned?

L. C. J.

What if they have? that is no exception.

Then the Jury was ſworn, whoſe Names follow. Sir John Roberts, Thomas Harriot, Henry Aſhurſt, Ralph Bucknall, Richard Gowre, Richard Pagett, Thomas Earsby, John Hayne, Thomas Hodgkins, James Partherich, Samuel Baker, William Hardy.

Cl. of Cr.

Oliver Plunket, hold up thy Hand. You of the Jury look upon the Priſoner and hearken to his Charge.

HE ſtands indicted by the Name of Oliver Plunket, late of Weſtminſter, in the County of Middleſex Dr. of Divinity, for that he as a falſe Traytor againſt the moſt Illuſtrious and moſt Excellent Prince our Sovereign Lord Charles the ſecond, by the Grace of God, of England, Scotland, France, and Ireland King, and his natural Lord, the fear of God in his heart not having, nor weighing the duty of his Allegiance, but being moved and ſeduced by the inſtigation of the Devil, the cordial Love, and true and due natural Obedience, which true and faithful Subjects of our Said Sovereign Lord the King, towards him our ſaid Sovereign Lord the King do and of right ought to bear, utterly withdrawing, and contriving, and with all his might intending the Peace and common Tranquillity within the Kingdom of Ireland, as alſo of this Kingdom of England to diſturb, and War and Rebellion againſt our ſaid Sovereign Lord the King in the Kingdom of Ireland, then being the Dominion of our ſaid Sovereign Lord the King in parts beyond this Seas; to ſtir up and move, and the Government of our ſaid Sovereign Lord the King there to ſubvert, and our ſaid Sovereign Lord the King from his Regal Power & Government there to Depoſe and Deprive, and our ſaid Sovereign Lord the King, that now is, to Death and final Deſtruction to bring and put, and the true Worſhip of God within the ſaid Kingdom of Ireland, by Law eſtabliſhed and uſed, to alter to the Superſtition of the Romiſh Church; the firſt day of December, in the year of the Reign of our Sovereign Lord Charles the Second, now King of England, &c. the 32th, and divers other days and times, as well before as after, at Dublin in the Kingdom of Ireland, in parts beyond the Seas, with divers other falſe Traytors unknown, traiterouſly did compaſs, imagine, and intend the killing, Death and final Deſtruction of our ſaid Sovereign Lord the King, and the antient Government of his ſaid Kingdom of Ireland to change, alter, and wholly to ſubvert, and him our ſaid Sovereign Lord the King, that now is, from the Crown & Government of his Kingdom of Ireland aforeſaid to depoſe & deprive, and the true Proteſtant Religion to extirpate, and War and Rebellion againſt our ſaid Sovereign Lord the King, there to move and levy. And to fulfil and accompliſh his ſaid moſt wicked Treaſons, and Traiterous compaſſings, imaginations and purpoſes aforeſaid; he the ſaid Oliver Plunket, the ſaid firſt day of December, in the aboveſaid 32th. Year of the Reign of our ſaid Sovereign Lord the King, that now is, with Force and Arms, &c. at Dublin, in the Kingdom of Ireland, then being the Dominion of our ſaid Sovereign Lord the King in parts beyond the Seas, maliciouſly, deviliſhly and traiterouſly did aſſemble and gather together himſelf, with divers other Traitors unknown, and then and there deviliſhly, adviſedly, maliciouſly, ſubtilly and traterouſly did conſult and agree our ſaid Sovereign Lord the King, that now is, to Death and final Deſtruction to bring, and from his Crown and Government aforeſaid to depoſe and deprive, and the Religion of the Romiſh Church into the Kingdom of Ireland aforeſaid to introduce and eſtabliſh; and the ſooner to fulfil and perfect his ſaid moſt wicked Treaſons and traitorous imaginations and purpoſes, he the ſaid Oliver Plunket, with divers other falſe Traitors unknown, then and there adviſedly, maliciouſly and traiterouſly did further conſult and agree to contribute, pay and expend divers great Sums of Mony to divers Subjects of our ſaid Sovereign Lord the King, and other perſons unknown, to procure them the ſaid perſons unknown, our ſaid Sovereign Lord the King, that now is, traiterouſly to kill, and the Romiſh Religion into the ſaid Kingdom of Ireland to introduce and eſtabliſh. And that he the ſaid Oliver Plunket and other Traitors unknown, afterwards, to wit, the ſaid firſt day of December, in the two and thirtieth year of the Reign of our ſaid Sovereign Lord the King aboveſaid, at Dublin aforeſaid, in the Kingdom of Ireland aforeſaid, within the Dominion of our ſaid Sovereign Lord the King, with Force and Arms, &c. unlawfully, maliciouſly deviliſhly and traiterouſly did receive, collect, pay and expend divers great Sums of Mony to divers perſons unknown, to perſuade and induce divers other perſons alſo unknown, the ſaid falſe Traytors in their ſaid Treaſons to help and maintaintain, againſt the Duty of his Allegiance, and againſt the Peace of our ſaid Sovereign Lord the King, that now is, his Crown and Dignity, and againſt the form of the Statutes in that Caſe made and provided. To this Indictment he hath pleaded, Not Guilty.

Mr. Heath.

May it pleaſe your Lordſhip, and you Gentlemen of the Jury, This is an Indictment of High-Treaſon againſt Dr. Oliver Plunket the Priſoner at the Bar, and it ſets forth, that in the 32th. Year of the King, at Dublin in the Kingdom of Ireland, he did compaſs and imagine the Death of the King, and to deprive the King of his Kingdom of Ireland, and to raiſe War to extirpate the Proteſtant Religion in the Kingdom of Ireland, and to eſtabliſh the Romiſh Religion there. And it ſets forth further, That for the accompliſhment of theſe Treaſons, the Defendant with ſeveral others did meet together at ſeveral places at Dublin in the Kingdom of Ireland, and elſewhere, and at theſe ſeveral meetings did conſult and agree to put the King to Death, to raiſe War, to extirpate the Proteſtant Religion, and ſet up the Romiſh Religion. And the Indictment further ſets forth, that to accompliſh theſe Treaſons, the Defendent did raiſe great Sums of Mony in the Kingdom of Ireland, and did get ſeveral perſons to contribute ſeveral Sums for theſe Treaſons: and that the Defendent with others did disburſe ſeveral Sums of Mony to ſeveral perſons, to perſuade them and entice them to be aiding and aſſiſting in theſe Treaſons, and to recompence them for them. To this Indictment the Defendent hath 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, 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 Mony 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 Warrants, Significations, I know not what they call them, to know how many men in Ireland could bear Arms from ſixteen to forty; 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 'tis.

Mr. Att. Gen.

May it pleaſe your Lordſhip, and you Gentlemen of the Jury, the Character this Gentleman bears, as Primate under a Foreign 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 60000 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 Foreign 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 Mony, 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 Force, 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 Monies 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 Religion: And then we ſhall call the particular perſons to the particular Facts againſt him. Firſt we call Florence Wyer. [Who was ſworn.]

Mr. Sol. Gen.

Are your ſworn, Sir?

Wyer.

Yes, Sir.

Mr. Sol. 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 Carbingford, to deſtroy all the true Subjects, to deſtroy the Religion as it was eſtabliſhed there, and to ſet up the French Kings 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 ſired the Town; the Inhabitants fled into the Caſtle: then they came up to the Gaol, thinking to break it open, and by ſeting the Priſoners free, to join them with them; but then Angle was ſhot, received a deadly wound, and drop'd 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. Reiley ſled away again to France, and the Plot lay under a cloud during the life of Primate Reiley the Priſoners Predeceſſor. This Primate Reiley died beyond Sea. Then many of the Popiſh Religion would have had the Primacie conferred upon one Duffy; but the Priſoner at the Bar 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 ſurpriſe the Kingdom, provided the Pope and King of France would ſend a competent Army to join with theirs for the effecting of it. So the firſt Year of his coming over, I was in the Friery 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, 'Tis better as it is; for Duffy hath not the Wit to do thoſe things that I have undert ken to do; meaning that he did undertake to ſupplant the Proteſtant Religion, to bring in Popery, and put the Kingdom under Subjection to the King of France.

Mr. Sol. Gen.

How do you know that?

Wyer.

Thoſe were the words, and 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 Reiley. 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 on him?

Wyer.

Yes, after Reileys 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 Schoolfellows 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 of 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, 'Tis 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 only 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 Aſſembly, kept by him, he charged his Inferiours to collect ſuch ſeveral Sums of Mony as he thought fit, according to the ſeveral Pariſhes and Dignities, to aſſiſt and ſupply the French Forces when they came over.

L. C. J.

How know you that?

Wyer.

I have ſeen the Mony 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 Mony out of the Exchequer, pretending to do good Service to his Majeſty; 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 Priſoners Letter directed to the grand Tory Flemming, deſiring that they ſhould go to France, and he would ſee them, in ſpight of all their enemies in Ireland, ſafe 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.

Oapt. O Neal. And in the mean while, ſays he, I hear Dr. Plunket is the only 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 came 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 Hibernioe, 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 Army; 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 there 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 this was to bring in the Mony?

Wyer.

Yes, to ſupply the French Army. And that there was no better time than during his Impriſonment, and they ſhould not be ſo much ſuſpected.

L. C. J.

And theſe Mandates you have ſeen under his hand?

Wyer.

Yes, I have, my Lord.

Mr. Att. Gen.

What do you know of his ſummoning or iſſuing out theſe Warrants for Liſts of men?

Wyer.

I have not ſeen any of the Warrants; but the Prieſts have told me they were commanded by his Warrants to let him know how many there were in all their Pariſhes from 16 to 60.

Mr. Att. Gen.

You ſay you never ſaw the Mandates?

Wyer.

No, I did not.

Mr. Scrj. Jeff.

What do you know about the Priſoners viewing the Ports?

Wyer.

I have ſeen him going about from Port to Port, to Derry, to Carriefergus, Caſtle Down, and Carling ford, and all about.

Mr. Scrj. Jeff.

When he went to take a view of thoſe Ports, can you tell to what purpoſe he did it?

Wyer.

Yes, I heard it among the Church, That he went on purpoſe to view the Sea-Ports to know the ſtrength of all the Garriſons, and to ſee which was the moſt convenient way to bring in the French Army.

Mr. Serj. Jeff.

Did you ever ſpeak with the Priſoner at the Bar about his going?

Wyer.

No.

Mr. Serj. Jeff.

What place did he pitch on as moſt convenient?

Wyer.

Carling ford.

Mr. Att. Gen.

Were you in the Priſoners company when he viewed the Ports?

Wyer.

I have ſeen him go to and fro; I did not go all the Circuit round with him.

Plunket.

Did you ever ſee me at Carlingford?

Wyer.

No

Plunket.

Did you ever ſee me at any other of the Ports?

Wyer.

I have ſeen you at Hamiltons coming back from Derry. Do you not remember that you lodged at at Sir Geo.

Plunket.

I never lodged there in my life.

Sir Fr. Withings.

Have you any thing more to ſay concerning the Plot in general?

Wyer.

No, in general I have not.

Mr. Serj. Jeff.

He hath not only given an account of the general, but fixed it upon the Priſoner.

Mr. Att. Gen.

Dr. Plunket, will you ask him any queſtions?

Plunket.

You ſay you remember you ſaw me at my firſt coming as Primate 10 Years ago, and that you were at the Priory when I was there?

Wyer.

Yes.

Plunket.

You were inviſible to me.

L. C. J.

If you will ask any queſtion, do; but do not make theſe kind of obſervations.

Plunket.

Tell me this, Why did not you acquaint ſome Juſtice of the Peace then with what you knew, that which you had heard 7 years ago?

Wyer.

When I firſt kn w it, I was as willing to have it conceal'd as they.

L. C. J.

What is your queſtion, Dr. Plunket? pray tell it us.

Plunket.

He ſays, my Lord, that 10 years ago I had ſuch a deſign in hand, and he knew the Mony was collected for theſe very ends, and he knew of the deſign from that ſame Capt. O Neal whom I employed and ſent abroad; and that I had a deſign to bring in the French at Carlingford, and went about to all the Ports in Ireland, and pitched upon that as the moſt convenient; and yet it is ſo inconvenient for the bringing in a Foreign Force, that any one that knows any thing of the Maps of the World, will eaſily conclude it otherwiſe. But, I ſay, my Lord, why did not he tell ſome Juſtice of the Peace that I was upon ſuch a deſign, but let me live in Ireland 10 Years after, and never ſpake of it till now?

L. C. J.

What ſay you to the Queſtion?

Plunket.

When he ſaw me all the time, and to the time of my taking Priſoner, and never ſaid one word; for I was a Priſoner 6 months only for my Religion, not one word of Treaſon ſpoken of againſt me for ſo many Years: why did not he acquaint ſome Juſtice of the Peace with it before?

L. C. J.

What Religion were you of then?

Wyer.

I was a Roman Catholick.

Plunket.

And are you not ſo now?

Wyer.

Yes, I am ſo.

Mr. Juſt. Dolben.

Therefore it will be no wonder that you did not diſcover it.

Mr. Serj. Jeff.

But I ask you, Why did not you diſcover it all this time?

Wyer.

Becauſe I was a Papiſt my ſelf: The firſt that did diſcover it, he and I did conſult about it, I had charged him ſo to do, and I ſet him on work; but he was ill paid for having diſcovered it: you got him to be trepann'd, that he hath gone in danger of his life for it.

Plunket.

Who is that man?

Wyer.

Moyer.

Sir Fr. Withins.

Call Henry O Neal. (who was ſworn.) What know you of any deſign in Ireland to introduce the Popiſh Religion?

O Neal.

In Auguſt (78). Biſhop Tirril came with 40 odd Horſe-men to Vicar-General Brady's houſe, and alighted at the door; and he gave them there an Oath, which they took willingly and freely from hand to hand, to forward the Popiſh Plot againſt the Proteſtant Religion, to make an end of them all in one hour from end to end in Ireland; and ſaid he, I will come within two days with an Order from the Lord Oliver Plunket; and you need not be afraid, for the Lord Oliver Plunket and I have ſent ſome Gold and Mony into France to get men and bring them from France over Sea: and do not fear, this will go on in one hour through all Ireland from end to end. In September (78) a little while after, the ſame meeting was in a place which they call Virginia, in the County of Connaght, where they took a Prieſt, he is here, and he was with me, and deſired me to come up to Dublin and diſcover this; and there I did diſcover it to Sir John Davis; which is all that I can ſay: for this Plunket I never ſaw him in my life.

Mr. Jones.

You were a Papiſt then?

O Neal.

Yes, I was.

Mr. Jones.

Are you a Roman-Catholick ſtill?

O Neal.

Yes, I am.

Mr. Jones.

And were you acquainted with all theſe Orders?

O Neal.

Yes.

L. C. J.

How came you to know of this Oath?

O Neal.

I was in the houſe with them; I was concerned to take my Oath with them, and I durſt not but take the Oath.

L. C. J.

Had you the Oath of Secreſie given you?

O Neal.

Yes: and ſo this Prieſt commanded me to go along to Dublin and diſcover it.

Mr. Serj. Jeff.

What is his name?

O. Neal.

John Macklegh.

Sir Fr. With.

Do you know of any other tranſactions about the Plot?

O Neal.

No, I will not ſwear for all the World more than I know.

Sir Fr. With.

—Then call Neal O Neal. (who was ſworn.) What do you know of any deſign carrying on in Ireland againſt the Government and the Proteſtant Religion?

N. O Neal.

I will tell you all I know: I was at Vicar Bradey's houſe the 21. of Auguſt.

L. C. J.

What year?

N. O Neal.

(78.) And Biſhop Tirril came with 40 Horſemen to the houſe, and went into the houſe, and diſcourſed a little while; and they took their Oaths every one round to keep ſecret the Plot, to deſtroy the Proteſtant Religion and the Proteſtants, that they might have their Eſtates again. And he ſaid they did not need to fear: for, ſaid he, you have a very good man to aſſiſt you, and that is the Lord Oliver Plunket, and you need not fear but it will go through all Ireland.

Mr. At. Gen.

Will you ask him any queſtions?

Plunket.

Why did not he diſcover it before?

Mr. Serj. Jeff.

Were you a Roman-Catholick at that time?

N. O Neal.

Yes, and I am ſo ſtill.

Mr. Paget Jury-man.

I deſire he may be asked how he came to be there?

L. C. J.

You ſay, I think, this was at Vicar-general Bradey's; how came you to be there?

N. O Neal.

I was there ſeveral times before that; for my Nurſe, or my Foſter-mother (I don't know which you may underſtand beſt) was Houſe-keeper to him.

L. C. J.

Were you required to take the Oath?

N. O Neal.

No, my Lord, I was acquainted in the Houſe, I had been there two or three weeks before.

Plunket.

Why did not you tell it to ſome Juſtice of the Peace?

L. C. J.

He was a Papiſt, and ſo he is now.

N. O Neal.

There were many that were wiſer than I, that did not diſcover it.

L. C. J.

How old are you?

N. O Neal.

I believe about two and twenty years old.

L. C. J.

And this was but in (78.)

Mr. Att. Gen.

Swear Owen Murfey. (which was done.) Come, what ſay you?

O. Murfey.

Mr. Edmond Murfey diſcovered the Plot; he went to one Lieutenant Baker and did diſcover the Plot to him, that there was a deſign to bring in the French.

L. C. J.

Speak out aloud, I can't hear you.

O Murf.

All I know is from Mr. Edmond-Murfey

L. C. J.

What do you know of any of your own knowledge?

O Murf.

Mr. Lieutenant Baker told me, that he did hear of the French

L. C. J.

Speak what you know your ſelf.

O Murf.

If it pleaſe your Lordſhip, this is more: I ſaw that Evidence that Edmond Murfey did produce in Ireland, when he was ſent to the Gaol there; but without Trial or any thing.

Mr. Att. Gen.

Then ſwear Hugh Duffy (which was done.) Speak aloud, and tell my Lord what you know of this Plot and the Priſoner. You know the Priſoner, don't you?

Duffy.

I know him, yes, I know him well enough.

L. C. J.

What ſay you more of him?

Duffy.

My Lord, I ſay, I have ſeen this Dr. Oliver Plunket raiſing ſeveral ſums of mony to carry on this Plot; ſometimes 10 s. per Ann. ſometimes 20.

Mr. Sol. Gen.

Of whom.

Duffy.

Of all the Prieſts in Ireland; of every Prieſt according to his Penſion and Pariſh.

L. C. J.

In all Ireland?

Duffy.

Yes.

L. C. J.

And towards the proceedings of the Plot?

Duffy.

It was to give to his Agent which was at Rome, and for the carrying on the buſineſs.

Mr. Att. Gen.

How come you to know this.

Duffy.

I was Servant to Dr Duffy, who was infinitely beloved by this man: he was Father Confeſſor to the Queen of Spain: there was nothing that happened between them, but I was by all the time.

L. C. J.

Were you Chaplain to him?

Duffy.

Yes.

L. C. J.

You are a Papiſt then?

Duffy.

Yes.

Mr. Att. Gen.

This is a Friar, my Lord.

L. C. J.

Were you in the company with them?

Duffy.

Yes, I was.

L. C. J.

What did paſs there?

Duffy.

About the Plot, how they could confirm the Plot: And this man Plunket ſaid he could prevail with the King of France and the other with the King of Spain.

Mr. Att. Gen.

Pray acquaint my Lord particularly when this was, and in what place, and what they ſaid.

Duff.

It was in (73) (74) and 75) at his own houſe; and at he kept 3 or 4 Jeſuits there, and a matter of a hundred Prieſts.

Mr. Att. Gen.

What paſſed in the company?

L. C. J.

Who elſe was there?

Duffy.

The diſcourſe, my Lord, was always about the Plot, how they could contrive the matter between them; and ſo they did conclude afterwards to raiſe ſo much Mony upon ſeveral Prieſts, all the Prieſts in Ireland, ſometimes 20 s. ſometimes 40.

L. C. J.

Apiece, do you mean?

Duffy.

Yes.

Mr. Att. Gen.

What diſcourſe had they about the French at any time?

Duffy.

Yes a hundred times; he talked ſeveral times, that he did not queſtion but he ſhould prevail with the King of France not to invade Spain: And I have ſeen his Letter to Cardinal Bouillon to expoſtulate with him about the King of France, why he ſhould wage War with the King of Spain who was a Catholick, but rather ſhould come and redeem Ireland out of its Heretical Juriſdiction.

Mr. Att. Gen.

Did you ſee the Letter?

Duffy.

Yes.

Mr. Att. Gen.

Why, do you know his Hand?

Duffy.

Yes I know it as well as I know my own; I know it if there were a thouſand papers together.

Mr. Att. Gen.

And what was the import of it, pray?

Duff.

That Cardinal Bouillon ſhould prevail with the King of France not to invade Spain: and the Contents of the reſt of the Letter were, That he did admire he ſhould not rather wage War with the King of England, who hath been an Apoſtate, and help their poor Country that was daily tormented with Heretical Juriſdiction.

Mr. Att. Gen.

How came you to be in France? were you employed?

Duff.

I went to France to live there in a Covent.

Plunk.

Did Cardinal Bouillon ſhew you my Letter?

Duff.

Yes.

Plunk.

What year?

Duff.

(77.)

Mr. Att. Gen.

Pray Sir, you were ſpeaking of raiſing of Mony?

Duff.

Yes.

Mr. Att. Gen.

Did you ſee any Precept about it?

Duff.

Yes, I have ſeen ſeveral Procepts; I was Curate to one Father Murfey; and while that man was with Dr. Oliver Plunket, and other Jeſuits, I did officiate in his place, and he ſent his Letters to me to raiſe 40 s. and 20 s. a time, ſeveral times.

L. C. J.

You your ſelf?

Duff.

Yes.

Mr. Att. Gen.

What for?

Duff.

It was to ſend to Dr. _____ . who was at Rome.

Mr. Att. Gen.

Did you ſend any Mony that you know of?

Duff.

Yes.

Mr. Att. Gen.

Tell what time you gave the Mony your ſelf.

Duff.

In (73) (74) and 75.

Mr. Att. Gen.

Where?

Duff.

At his own dwelling-place at _____

Mr. Juſt. Jones.

Of what Quality was the Priſoner amongſt you?

Duff.

He was Primate of all Ireland.

Mr. Juſt. Jones.

Under whom?

Duff.

Under whom? under the Pope.

Mr. Juſt. Jones.

How do you know he was ſo?

Duff.

We had it in his Writings.

L. C. J.

Did he ſtile himſelf ſo in his Letters?

Duff.

Yes, if he writ but to the leaſt man in the Country, he would write, Oliverus Armacanus Primas totius Hibernioe.

L. C. J.

And ſo you always underſtood him?

Duff.

Yes.

Mr. Att. Gen.

Were you preſent at any of the general Conſultations or Meetings?

Duff.

Yes, I was.

Mr. Att. Gen.

What number might meet at that time?

Duff.

Five hundred men and women.

Mr. Att. Gen.

Where was this?

Duff.

At Clouds.

Mr. Att. Gen.

What was the occaſion and deſign of that meeting?

Duff.

Confirmation from the Biſhop.

Mr. Att. Gen.

And what was done there beſides?

Duff.

The ſecond thing was, that the Gentlemen of the three Counties ſhould conclude together about this matter.

L. C. J.

About what?

Duff.

About joining the French and Spaniſh together.

Mr. Juſt. Dolben.

Where was that meeting?

Duff.

In the County of Monaghan.

Mr. Juſt. Dolben.

Was the Priſoner there?

Duff.

Yes, he was the chief man.

L. C. J.

When was this.

Duff.

In (71) to the beſt of my knowledge.

Mr. Juſt. Dolben.

Were you there your ſelf?

Duff.

Yes.

Mr. Att. Gen.

What was the tranſaction of that day, beſides the Sacrament of Confirmation?

Duff.

It was agreed that the Gentry of Armagh, Monaghan and Conaght ſhould join together; and then they went into a private Council to get a Liſt of all the Officers that were in the laſt Rebellion, and thoſe that loſt their Eſtates.

Mr. Att. Gen.

How do you know that; Did you go into the Conſult?

Duffy.

Yes, I was in the ſame Conſult my ſelf, and was as willing to proceed in the matter as any one in the world.

L. C. J.

Where was this?

Duffy.

Within two miles of Clouds, at one Father houſe.

L. C. J.

Was that at the time when there were ſo many perſons met? Pray ſpeak what was done there beſides Confirmation.

Duffy.

Why, they were withdrawn aſide into a Garden; ſome ſtood up, and ſome ſat down; and Oliver Plunket ſtood in the middle of them all as a Prelate, and every one kneeled before him and kiſſed his hand.

Mr. Att. Gen.

What was then ſaid?

Duffy.

Then they did conſult and gave ſpecial Order to ſome of them to get a Liſt of all the Officers in the late Rebellion, and that loſed their Eſtates, and that they ſhould be more forward than others to proceed in that wicked Deſign.

L. C. J.

What was that Deſign?

Duffy.

To deſtroy all the Proteſtants together.

Mr. Att. Gen.

Was it to mingle the Iriſh, and Spaniſh, and French Army together?

Duffy.

Yes, it was.

Mr. Att. Gen.

Did you hear the Priſoner ſpeak about it?

Duffy.

Yes, and he made a Speech before them concerning our own Faith and Religion.

Mr. Att. Gen.

Was there any mention of Mony at that time?

Duffy.

It was, that every man of them that could diſpoſe of Mony ſhould provide ſome for thoſe Gentlemen that would ſoon come into Ireland.

Mr. Serj. Maynard.

Who were thoſe Gentlemen?

Duffy.

The French Army and the Spaniſh Army together.

Mr. Att. Gen.

Were you at any other meeting?

Duffy.

No.

Mr. Att. Gen.

After he was taken, do you know of any Order he ſent out to gather Mony?

Duffy.

Yes, at the Aſſizes of Dalkieth, I think it was in June two years ago, he was apprehended—

Mr. Att. Gen.

Indeed he was firſt apprehended as a very buſie Papiſt.

Duffy.

I have ſeen two or three ſeveral Ordors to raiſe Mony, and for the ſame purpoſe; and that it was the only time to bring the matter to an end when he lay in Gaol himſelf.

Mr. Att. Gen.

Was that the effect of the Letter?

Duffy.

Yes; and that the French and Spaniſh Kings ſhould take this advantage that now was offered whilſt he was in Priſon.

Mr. Juſt. Jones.

You ſay ſome mony was ſent to Dr. Cray?

Duff.

Yes.

Mr. Juſt. Jones.

To what end?

Duffy.

To comply with this deſign.

Mr. Jones.

Where was that Dr. Cray?

Duffy.

He was at Rome, he was made a Biſhop there.

Mr. Att. Gen.

Who employed him there?

Duffy.

This man employed him always,

L. C. J.

What was his Name?

Duffy.

Cray.

Mr. Jones.

You ſay ſome of the Prieſts paid ſome 20. ſome 40.

Duff.

Yes.

Mr. Jones.

Did the Lay Gentry agree to pay nothing?

Duffy.

I don't know for the Gentry.

L. C. J.

But I think you paid ſomething your ſelf?

Duffy.

Yes, I paid for two or three years my ſelf.

L. C. J.

And that was for the Deſign?

Duff.

Yes, for the French & Spaniſh Army, & all the purpoſes together.

Mr. Att. Gen.

What do you know of any Precept to be given in of all ſorts of perſons of ſuch an age?

Duffy.

I gave a Liſt of the age of every perſon from 16 to 60.

Mr. Att. Gen.

By whoſe Order?

Duffy.

By his Order.

M. Serj. Jeff.

To whom did you give it?

Duffy.

To Dr. Plunket.

Mr. Serj. Jeff.

That is, to the Priſoner?

Duffy.

Yes; out of my own Precinct.

Mr. Att. Gen.

Had you an Order from him?

Duffy.

Yes, it was directed to the Pariſh-Prieſt; and I being Curate in his place, received the Order.

Sir Fr. With.

To what purpoſe was it?

Duffy.

To know what men in Ireland were able to bear Arms.

M. Juſt. Jones.

What was the number contained in your Liſt?

Duffy.

250.

Mr. Juſt. Jones.

What in one Pariſh?

Duffy.

Yes.

Mr. Serj. Jeff.

What was the Pariſhes Name?

Duffy.

Coghan.

Mr. Att. Gen.

Do you know any thing of his going to view the Ports?

Duff.

I accompanied him to Carlingford,

Mr. Att. Gen.

Did you?

Duff.

Yes, in perſon I did.

Mr. Serj Jeff.

What did he ſay?

Duff.

He went round about the place where ſome of the Cuſtom-Ships come in; there was a great Caſtle there near the Sea, and he went to view the place, and could not get a Boat: And there was a great talk of Carlingford to be one of the beſt Havens in Ireland; there was no great Garriſon at the place, and any Ship might come to the Gates of the Town and ſurprize it, being a little Town.

Mr. Att. Gen.

What did he conclude upon that?

Duff.

That he might get the French Army to land ſafely there.

Mr. Att. Gen.

What do you know of delivering any Amunition and Arms?

Duff.

He did ſend ſome of this mony to get Amunition into Ireland.

Plunket.

You ſay you were Murfey's Curate; Can you ſhew any ſuch Inſtitution as you ſay came to you to raiſe Mony?

Duff.

I could have brought them, but I thought it needleſs.

Plunket.

Can you name any other perſon I received mony from?

Duff.

I have ſeen your Paper of the County of Monaghan.

Plunk.

Have you ſeen any of them pay any monies?

Duff.

Yes, I have ſeen Twenty of them pay mony.

Mr. Juſt. Dolben.

Why, you are acquainted with this man, are you not, Mr. Plunket?

Plunk.

My Lord, I believe I have ſeen him.

Mr. Juſt. Dolben.

Don't you know he was Chaplain to Biſhop Duffy?

Plunket.

No; I never was in his company.

Mr. Serj. Jeff.

Pray tell him what time of the year it was that you were at Carling ford.

Duffy.

It was at the end of the Year (77) and the beginning of the Year (78.)

Mr. Att. Gen.

Pray, if you can recollect, was you once, or twice, or twenty times in his company?

Duff.

As I am a Chriſtian, I have been a hundred times in his company. And when you were creating Prieſts, you would always ſend for me to be preſent; and I wonder how the man ſhould forget himſelf?

Plunket.

I do not ſay I have not ſeen him, or that I am a ſtranger to the man; but in the company of Biſhop Duffy I never ſaw him, nor I never ſent him Orders to pay any mony: and if he did pay any mony, he might ſhew the Order.

Mr. Serj. Jeff.

If he did pay any mony, 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.

Duff.

Dr. Duffy did ſend me to Sir Nicholas Plunkets, and I met Dr. Plunket as I was coming out of the City. 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.

Plunk.

You ſay you were with him at my houſe?

Duff.

Yes.

Plunk.

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 a year there altogether; but when I have ſeen how the poor people there are brought into ſuch ſlavery by the French King, I thought of it, and had rather the Devil ſhould reign over us, than the Frenchman.

Mr. Juſt. Dolben.

He gives you a very good rational account why.

Duff.

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. Says 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, ſays 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 only to exalt himſelf, but all the Roman Clergy, and all the Gentry that had loſt their Eſtates.

Plunk.

Mr. Duffy, one word with you; Is not this out of malice to me for correcting ſome of the Clergy?

Duff.

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.

Murf.

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.

Murf.

Now I beg your Lordſhip as to Dr. Plunket, that 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?

Murf.

Yes, Sir.

Mr. Att. Gen.

Have you ever heard him own himſelf Primate of Ireland?

Murf.

Yes, Titular Primate.

Mr. Att. Gen.

Under whom did he claim that Authority? under the King, or under the Pope?

Murf.

I think he could not be under the King at all.

Mr. Att. Gen.

Under whom then?

Murf.

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?

Murf.

I ſuppoſe he did.

L. C. J.

Was he reputed generally ſo to be?

Murf.

Yes, my Lord.

Mr. Att. Gen.

Mr. Murfey, remember what you ſwore before the Grand Jury; 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 Jury?

Murf.

I was ſworn before the King and Parliament.

Mr. Serj. Jeff.

Did you give in any Evidence to the Grand Jury?

Murf.

Yes, I did.

Mr. Serj. Jeff.

Was that you ſwore before the Grand Jury true, upon your Oath?

Murf.

I can't ſay but it was.

Mr. Serj. Jeff.

Repeat it, tell my Lord and the Jury what it was, and tell the truth.

Murf.

I have forgot it.

Mr. Att. Gen.

Why then I would ask you a little; you remember I was by, and 'tis no laughing matter, Mr. Murfey, you will find it ſo. What do you know of any Orders iſſued out by Mr. Plunket, to raiſe mony from the Prieſts?

Murf.

I know there was Orders, and I took the Orders my ſelf in my hand.

Mr. Att. Gen.

From whom had you thoſe Orders?

Murf.

From another, and not from him.

Mr. Att. Gen.

Under whoſe hand were thoſe Orders?

Murf.

They were from the Primate.

Mr. At. Gen.

Did you ſee any Order under Plunket's hand for raiſing of mony?

Murf.

No, but under the Vicar-generals, by his authority, as I ſuppoſe.

Mr. Att. Gen.

Upon your Oath, did you not ſwear before the Grand Jury, that you ſaw the Orders under his hand?

Murf.

No, I did not: or I was miſtaken, for it was only by his direction.

Mr. Att. Gen.

Pray had you any converſe with O. Plunket about the raiſing of mony?

Murf.

O. Plunket about the raiſing of mony!

Mr. Att. Gen.

Yes, that is a plain Queſtion.

Murf.

It was about other matters I converſed with him.

Mr. Att. Gen.

But did you converſe with him about mony?

Murf.

No, not about the mony.

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 mony, or bringing in the French? either of them, Sir.

Murf.

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 mony in Ireland?

Murf.

Yes, I have ſeen Orders from his Vicar-genral for the raiſing of mony.

L. C. J.

Hath he owned them to be by his direction?

Murf.

Not before me, but others he has.

Mr. Att. Gen.

Have you ſeen any mony paid to him?

Murf.

To whom?

Mr. Att. Gen.

To Plunket.

Murf.

To the Vicar-general I have.

L. C. J.

But to Plunket.

Murf.

None to Plunket.

L. C. J.

Have you had any diſcourſe with him at any time about the raiſing of mony, which the Vicar-general gave order for?

Murf.

I have had diſcourſe with the Vicar-general.

L. C. J.

Sir, don't trifle, have you had any with him.

Murf.

With him?

L. C. J.

Yes, with him.

Murf.

Yes, I have had ſome diſcourſe with him.

L C. J.

Tell me what that diſcourſe was?

Murf.

I think it was about this. If the D. of York, and the D. of Monmouth fell out together, that he had ſome men to raiſe about that matter, and if the D. of Monmouth would raiſe the Proteſtant Religion—

M Att. Gen.

You ſee he hath been in Spaniſh hands.

L. C. J.

Were you a Proteſtant, Sir?

Murf.

No, I am a Prieſt.

Mr. Serj. Jeff.

He is to ſeek yet.

Murf.

I am indifferent whether I be Proteſtant or a Papiſt.

Mr. Att. Gen.

My Lord, he is a Prieſt in Orders, and ſo hath acknowledged himſelf.

Murf.

Yes, I am a Prieſt, but it makes me forget my ſelf to ſee ſo many Evidences to come in, that never knew Plunket.

L. C. J.

Sir, you refuſe to anſwer thoſe Queſtions that we put to you here.

Murf.

What I ſaid before the Parliament I anſwer punctually.

L. C. J.

You are asked queſtions here, and produced as a Witneſs, will you anſwer directly or not?

Murf.

Yes, I will.

L. C. J.

Then let me hear what diſcourſe you had with the Primate Plunket concerning any mony raiſed by him or his Vicar-general.

Murf.

May it pleaſe your Lordſhip, firſt of all I did not impeach Primate Plunket, but the Officers and Juſtices of the Peace.

Mr. Jones.

Had you any diſcourſe with him, yea, or no?

Murf.

That he ſhould find ſo many Catholicks in Ireland if the D. of York and the D. of Monmouth fell out.

Mr. Juſt. Jones.

Why it plainly appears what you drove at at firſt, to put off this Tryal if you could.

L. C. J.

The Papiſts in England have been at work with you.

Mr. Serj. Jeff.

I perceived this Gentleman was very buſie looking upon his Hat, I deſire he may be ſearched if he have no Paper about him.

Mr. Att. Gen.

Mr. Solicitor and my ſelf heard the Evidence he gave to the Grand Jury.

Then he went out of the Court and would ſcarce be perſwaded to come back again.

Mr. Att. Gen.

We both heard him, and he gave the fulleſt Evidence, much ſuller to all Inſtances, and particulars of this High Treaſon, much ſuller than Duffy to the Grand Jury. Afterwards about 3 weeks ago the Tryal coming on, he ran away and lay hid, I took a great deal of pains to find him out, and ſent Meſſengers about; at laſt I heard he was got to the Spaniſh Embaſſadors, I ſent, and they ſpied him in the Chappel; but the Spaniſh Embaſſadors Servants fell upon the Meſſenger and beat him; the Embaſſador was firſt ſent to about it, and his Excellency promiſed that he ſhould be brought, and when he was found he told me but the laſt night, that all he had ſworn before the Grand Jury was true, and he was ready to make it out again.

L. C. J.

And now he ſays, he knows not what he ſaid then, and pray take notice of that.

Murfey.

I told the Grand Jury this, that my Lord Plunket had a deſign to get 60 or 70000 men in Ireland, if the D. of York and the D. of Monmouth ſhould fall out.

Mr. Att. Gen.

Did you tell a word of that to the Grand Jury?

Murfey.

Yes, Sir, or I was miſtaken.

Mr. Att. Gen.

Not one word of that did he then ſay.

L. C. J.

Do you own this man, Dr. Plunket, to be of your Religion?

Mr. Serj. Jeff.

Do you know this Seeker?

Plunk.

He ſays himſelf he is indifferent to be a Proteſtant or a Papiſt.

Mr. Serj. Jeff.

I will only try you by one queſtion more, for you are ſought out, and it may be you may be found; Do you know how many men he was to raiſe in Ireland? remember what you ſaid to the Grand Jury.

Murf.

70000 Men.

L. C. J.

What were they to do?

Murf.

For eſtabliſhing if occaſion ſhould be—

Mr. Serj. Jeff.

Eſtabliſhing, eſtabliſhing what?

Murf.

Of the Romiſh Religion.

Mr. Serj. Jeff.

Well, ſo far we have got 70000 men to eſtabliſh the Romiſh Religion, what, was Plunket to do this?

Murf.

As far as I underſtood.

Mr. Juſt. Jones.

And you underſtood it by himſelf?

Murf.

I received Letters from the Vicar General to get ſo much mony collected, and aſſoon as I got the Letters to my hands, I ſent them to a Privy Councellor.

L. C. J.

Do you not know that he was ingaged to aſſiſt the French Army?

Murf.

I do not know that by him, but by others.

Mr. Juſt. Dolben.

Did you ever diſcourſe with him about it?

Murf.

I did diſcourſe with him about ſeveral matters.

Mr. Juſt. Dolb.

About the French Army?

Murfey.

Yes.

L. C. J.

Do you know that he did endeavour to bring them into Ireland?

Murf.

I had a Correſpondence in France at the ſame time—

L. C. J.

With whom?

Murf.

With one Mac Carty.

L. C. J.

And do you know that he had correſpondence in France?

Murf.

Yes, I know that.

Mr. Juſt. Dolb.

With whom had Plunket correſpondence in France?

Murf.

He had correſpondence with Dr. Cray, and others in France as I underſtood by others.

Mr. Juſt. Dolb.

Was the end of that correſpondence to bring men from France into Ireland?

Murf.

Yes, ſo far as I underſtand.

Mr. Juſt. Dolb.

You underſtood the Letters when you read them, did you not?

Murf.

I know not how theſe people come to ſwear this buſineſs, whether they had not malice againſt him—

Mr. Att. Gen.

Well, Sir, pray give you your Evidence, we will take care of the reſt.

Mr. Juſt. Dolb.

I reckon this man hath given the beſt Evidence that can be.

L. C. J.

Yes, it is Evidence that the Catholicks have been tampering with him.

Mr. Serj. Jeff.

I deſire he may be committed my Lord, becauſe he hath fenced from the beginning. [which was done accordingly.]

Mr. Att. Gen.

Swear John Mac Legh. [which was done.]

Sir Fran. Wyth.

Tell my Lord and the Jury what you know of any Plot in Ireland to bring in the French.

Mac Legh.

I was a Pariſh Prieſt in Ireland in the County of Monaghan, and Dr. Oliver Plunket received ſeveral Sums of mony in Ireland, and eſpecially in the Dioceſs where I am. I raiſed ſome of it, and paid him 40 s. at one time, and 30 s. another time, in the year (74) I paid him 40 s. in the year (75) I paid him 50 s. and it was about July, and it was for the better advancement of the French coming in.

Mr. Jones.

Did he tell you that the mony was to be employ'd that way?

Mac Legh.

Yes, that the mony was to be kept for Arms and Amunition for the Roman Catholicks in Ireland.

L. C. J.

Before you paid it, did you receive any Order from him?

Mac Legh.

Yes, I received an Order ſub poena ſuſpenſionis, and there was a publick Order throughout Ireland, or we would not pay it? nay ſeveral would not pay it, and they were to be ſuſpended.

Plunk.

Can you ſhew any of the Orders under my Hand?

Mac Legh.

Yes, I can ſhew them, but only they are afar off, I did not expect to have them asked for.

Plunk.

Have you no Superiors of your own?

Mac Legh.

Yes, but you being Lord Primate, you could ſuſpend Biſhops and inferiour Clergy together.

Plunk.

When was this?

Mac Legh.

In the years (74) and (75.)

Plunk.

What is the reaſon you kept it ſecret all this while?

Mac Legh.

In the year (77) I did diſcover it to one Mr. O Neal, who I ſent to Dublin to diſcover this Plot. I was in France my ſelf, my Lord.

Plunk.

How many years is it ſince you returned from France?

Mac Legh.

In May in the year (78.)

Plunk.

Why did you not ſpeak all this while till now?

Mac Legh.

I did ſend one Mr. Henry O Neal to Dublin, for I durſt not go, leſt I ſhould have been ſuſpended and excommunicated.

Mr. Att. Gen.

This is the Prieſt that Henry O Neal ſpeaks of.

L. C. J.

Is not this a very good reaſon; if he had come to Dublin to diſcover, you would have ſuſpended him.

Plunk.

But my Lord, then he might have ſhewn my Suſpenſion and brought me into a Premunire.

Mr. Serj. Jeff.

If you pleaſe, Doctor, let us who are for the King have done with him firſt. I would ask you another Queſtion Sir, were you at one Vicar Bradeys Houſe?

Mac Legh.

Yes, I was.

Mr. Att. Gen.

Tell what was done there.

Mac Legh.

There was Biſhop Tyrrel came there with 40 Horſemen well mounted and armed, he came into the Houſe about 10. in the morning, and ſtaid till about 11 at night. I was very much among them, and was as willing to be of the Plot, as themſelves.

Mr. Att. Gen.

Tell what was done there.

Mac Legh.

There Biſhop Tyrrel ſaid, that he had order from Dr. Oliver Plunket and others, to pertake of the Plot to bring in the French, and ſubvert the Government in Ireland, and deſtroy the Proteſtant Religion and the Proteſtants.

Mr. Att. Gen.

Was there an Oath given?

Mac Legh.

Yes, they were all put to their Oaths, which they did take willingly to keep it private during their lives time, and the reaſon was they were to have their Eſtates during their lives time.

Mr. Serj. Jeff.

Now tell us when this was.

Mr. Att. Gen.

My Lord, Henry O Neal and Phleem O Neal ſpeak to the ſame purpoſe.

Mr. Serj Jeff.

Do you remember whether Henry O Neal was there? did he take the Oath of Secreſie?

Mac Legh.

Yes.

Mr. Att. Gen.

What do you know of any Letters from Plunket?

Mac Legh.

In France I landed at Breſt, and going through Britany, I met with Biſhop Tyrrel and Dr. Cray, who was my Lord Oliver Plunkets Agent, and Duke John of Great Britany came into them; for he heard of theſe 2 Biſhops being newly come out of Rome, ſent for them, and I being a Prieſt of Tyrrels Dioceſs, I went along with them, and they were well accepted, and ſhewed Dr. Oliver Plunkets Conditions with the King of France, which was this; to get Dublin and London-Derry, and all the Sea-ports into their own Hands, to levy War and deſtroy the Proteſtant Religion, and that they ſhould have him to protect them during his life-time.

L. C. J.

Did you ſee thoſe Conditions?

Mac Legh.

A Copy of them I did, the Governour of Britany did ſhew them to the Biſhop.

Mr. Serj. Jeff.

What Language were thoſe Conditions in?

Mac Legh.

They were in Latine, Sir.

Mr. Serj. Jeff.

Was Edmond Murfey put out of the Dioceſs.

Mac Legh.

Not as I know of.

L. C. J.

What do you know of his being Primate? upon what conditions was he made Primate.

Mac Legh.

He was made Primate by the Election of the King of France. And upon his Election, he made thoſe Conditions with the King of France, to raiſe men to join with the French, to deſtroy the Proteſtant Religion.

Mr. Juſt. Jones.

You know that man, Dr. Plunket?

Plunk.

Yes, my Lord.

Mr. Att. Gen.

Will you ask him any Queſtions?

Plunk.

None, but what I asked the others.

Mr. Juſt. Dolben.

Then if that is all, he hath given a good anſwer to that already, he was as forward then as the reſt.

Mr. Att. Gen.

Then ſwear John Moyer, (which was done.)

Mr. Juſt. Jones.

What do you know concerning any Plot in Ireland, and Dr. Plunkets being in it?

Moyer.

I know him firſt, my Lord, to be made Primate of Ireland, ingaging that he ſhould propagate the Roman Faith in Ireland, and reſtore it to the Catholick Government, and I know the time by relation, that I came to Rome within two months after his being made Primate of Ireland upon the ſame Conditions, that have been related to you, and I was brought into the Convent of St. Francis in Rome by one Father, and this Father was very intimate with Cardinal Spinola, and when he uſed to go abroad he uſed to carry me along with him as a Companion, and there I found ſeveral of the Roman Cardinals ſay, That the Kingdom of Ireland ſhould come under the Catholick Government by the way and means of the Lord Primate Plunket.

Mr. Att Gen.

What do you know of your ſelf?

Moyer.

As I was coming then from Rome, I happened to come into a Convent of the Order of St. Francis, and there came out of Ireland a young Gentleman of the Family of the O Neals, who hath been my Lord Primates Page.

Plunket.

I never had a Page.

Moyer.

You termed him ſo my Lord in Ireland, and as I came, this young man had a pacquet of Letters with him, as though they were Commendations to enter him into the Colledge De propaganda Fide, directed to the Secretary of that Colledge. And thinking them to be Letters of Recommendation, an old Father, called one Thomas Crawley, and I thought it not prejudicial to open the Seal; and the Contents were theſe, I tranſlated them 5 years ago, and here are the Contents following, if you pleaſe they may be read, I will do my beſt to read them in Engliſh, the Original were in Latine, and ſome Phraſes in Italian. And when I was ſurprized by Mr. Murfey the laſt year, and taken ſuddenly, all my Papers were taken away before I could return back again, by the Soldiers and the Tories, I only kept a Copy of this Letter I had in Engliſh as near as I could, and if I did not diminiſh any thing by the Tranſlation; upon the Oath I have taken, I have not put any thing in it, but what the Contents of the Letter were.

L. C. J.

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, 'tis ſome 14 or 15 years ago.

Mr. Serj. Jeff.

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 Fide, (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 Souldiers and Tories came and took them away with other Papers I had of the ſame buſineſs.

L. C. J.

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. J.

Was the Original of his Hand Writing?

Moyer.

Yes, it was.

L. C. J.

Where did you take it?

Moyer.

In Caprennica, when I met with my Lords Page.

L. C. J.

What made you take a Copy of it?

Moyer.

It was in Latine and Italian, and I tranſlated it afterwards.

L. C. J.

And the Engliſh Father, you ſay, made bold to open it.

Moyer.

Yes, becauſe he thought 'twas 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. J.

Have you the Original here?

Moyer.

Yes, my Lord, under his own Hand.

Plunk.

That's another thing.

L. C. J.

But we would know that other thing.

Mr. Serj. Jeff.

My Lord, I deſire that he would produce it, 'tis 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 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.

Plunk.

My Lord, 'tis my Hand.

Moyer.

Indeed, my Lord, 'tis your own Hand.

Mr. Serj. Jeff.

He owns it.

Moyer.

And there is an Order in thoſe Statutes, wherein Ireland was bound to ſend ſo much mony to Rome upon ſuch a deſign.

The the Witneſs read the Title in Latine.

Mr. Juſt. Dolb.

Look out that Clauſe for the raiſing of the mony.

Moyer.

My Lord, 'tis that I look for. Cum toti Clero in Hibernia neceſſarium ſit.

Mr. Juſt. Dolb.

That is but negotia generally.

Mr. Serj. Maynard.

That was to ſolicite their Affairs.

Mr. Att. Gen.

'Tis 500l. in the whole.

Plunk.

Is it 500l?

Moyer.

'Tis in Figures, a 5 and two [00.]

Plunk.

My Lord, this is Counterfeit, 'tis put in by other Ink.

Mr. Juſt. Dolb.

Like enough ſo.

L. C. J.

Nothing more ordinary, yau leave a blank for for the Sum, and then, may be, you put it in with other Ink.

Mr. Juſt. Dolb.

How much do you ſay was the mony, Dr. Plunket?

Plunk.

My Lord, every Agent that is kept at Rome hath a maintenance, as all Countries have their Agents at Rome.

Mr Juſt. Dolb.

How much was it?

Plunk.

It was 50l. a year.

L. C. J.

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. Jeff.

And the Letter was for Spiritual Affairs too, was it not?

Plunk.

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 Rome.

L. C. J.

You had better reſerve your ſelf till by and by, to anſwer that & 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 fell 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 afraid 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 ſent my ſelf to my Lord Primate, to hear Confeſſions, and be heard preach. I came to his Lordſhip at his own Houſe the 9th. of December (74) and there he kept me ſeveral hours, and approved me; and the Copy of the Approbation I have to ſhew. And after a long diſpute we went aſide, and went 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 Neal, in ſuch a place, and he ſhewed me the Contents of it; and, ſaid I, Ay, my Lord, 'tis a good Intention & 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 is 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 for my own good, but for the publick good of the Catholicks. Well, ſaid I, 'tis well, Then does he commend me into the Pariſh of where this Mr. Murfey here was to put in a Bull, that I had from my Lord Primate, which Bull was brought here laſt year; and there he proferod me high Promotions, if I would further ſuch things, and ſolicite ſuch Gentlemen as I knew would be private in ſuch a buſineſs, ſuch as were old Commanders among my Friends and Relations. Shortly after this I ſaw Plunket and Biſhop Tyrrel, and Captain Con O Neal practiſing to bring Souldiers ready for Ireland, aſſoon as they could get opportunity. This Captain Con O Neal coming to the place where we kept our Priory, and he and his Brothers were Sons to General O Neal. And there Captain Con comes in the night time and lodges with us, and diſcourſed with his Brother and I, becauſe I was his Companion beyond Sea, about theſe matters, That he expected my Lord Primate and Biſhop Tyrrels coming thither that night, to make ſome propoſals about the Church and other Aſſairs. After ten a clock, or thereabouts, my Lord Primate and Biſhop Tyrrel came with others in their company, and there they and Father O Neal did conſult amongſt themſelves, that they ſhould ſend Captain Con to France, and to Barcellona, with ſuch and ſuch Inſtruments; and ſending thoſe Inſtruments away, Captain Con departs the Country and goes for France ſoon after; and ſpeedily my Lord Primate undertook, that he and Biſhop Tyrrel ſhould view Munſter and Ʋlſter, and other parts of Ireland, to ſee how Affairs ſtood. Soon after my Lord Primate calls a General Provincial Council, and ſends out his Orders to levy ſuch and ſuch Taxes and Subſides, and Warrants to all the Pariſh Prieſts, that they ſhould give them new Liſts to know whether the Numbers they had ſent to Rome before, would comply with that Liſt. And then O Neal went to view the Forts of Charlemont and Dun Gannon, whileſt thoſe Lords did collect the mony; the Orders I have ſeen with my own proper Eyes, and his own man confeſſed before the Council in Ireland that my Lord gave them under his Hand.

Mr. Serj. Jeff.

What year was this?

Moyer.

It was in (76) to the beſt of my remembrance:

L. C. J.

Look you Sir, was this at a Provincial meeting?

Moyer.

Yes, my Lord, a General National Council, to ſend over Inſtruments to tell them, that they were ready to aſſiſt any Foreign Army, that ſhould help on the deſign.

L. C. J.

And to raiſe mony?

Moyer.

Yes, my Lord.

Mr. Juſt. Dolben.

Have you paid him any mony?

Moyer.

I was exempted my ſelf; but I have ſeen others.

Mr. Juſt. Dolben.

How many?

Moyer.

I believe 30.

Mr. Juſt. Dolben.

It was not then a ſecret thing, but openly done by them.

Moyer.

Yes, I ſaw them when they came with Orders, there were four Prieſts, and they had a great Cloak-bag going with Orders up and down.

Mr. Serj. Jeff.

Why were you exempted?

Moyer.

Becauſe I am a Regular Prieſt.

Sir Fr. Withens.

You ſay you ſaw the Orders for raiſing of mony, how do youknow for what it was to be employed?

Moyer.

It was there ſpecified down.

Plunket.

Can you ſhew any of the Orders?

Moyer.

I could not take them, they did not concern me.

Sir Fr. Withins.

How was it ſpecified?

Moyer.

To Levy ſo much Mony per Prieſt. I cannot remember the particular Sum; but that every Prieſt ſhould give ſo much towards an Agent in Rome to Solicite their buſineſs and forward it.

L. C. J.

What Year was it?

Moyer.

(76.)

L. C. J.

Was any of the Mony ſpecified for raiſing an Army or bringing in the French?

Moyer.

It was both for the Agent and to ſummon a National Council, to get things ready prepared to entertain and accept the French Army when it ſhould come. I am not ſo good in expreſſing my ſelf in Engliſh.

L. C. J.

Your ſence is good, 'tis no matter for your expreſſion.

Mr. Jones.

What more do you know?

Moyer.

I know that he had the ſame Council, and that they did agree upon the buſineſs, and this I know by one Patrick Borne, and I being willing that this wicked Action ſhould be hindred, ſent to the next Juſtice to diſcharge my ſelf of it, which Juſtice was as favourable to the buſineſs as my Lord himſelf was.

L. C. J.

Will you ak him any Queſtions, Mr. Plunket?

Plunket.

I deſire to know when he left Ireland?

Moyer.

I cannot tell how to number the years, but I think it was in 62 or 63, to the beſt of my remembrance it was 16 or 17 years ago.

Plunket.

When did you return?

Moyer.

I came back in 74, you know it, my Lord.

Plunket.

Very well, when did you ſee the Letter with the young man in Caprennica?

Moyer.

In (72.)

Plunket.

How then did you know my hand which you had never ſeen?

Moyer.

I have ſeen it ſeveral times to ſeveral Inſtruments, to Seignior and I have ſeen ſeveral other Letters of your hand.

Plunket.

How did you know my hand?

Moyer.

I cannot poſitively ſay, I then knew your hand, but according to relation, I heard it from thoſe Cardinals I converſed with at Rome.

L. C. J.

But now you are acquainted with his hand, is it the ſame hand which you have ſeen up and down in Writings with his name to?

Moyer.

Yes, my Lord it is the very ſame hand.

Mr. Serj. Jeff.

I ask you, Sir, when you came back again and told him you had ſeen ſuch a Letter under his hand with O Neal, did he own it to you?

Moyer.

Yes he did own it, and that he did not do it for his own benefit, but for the publick.

Mr. Serj. Jeff.

Did he deſire you to be ſecret?

Moyer.

Yes, he did, and to be diſcreet, and he would ſee me highly promoted. And, my Lord, you ſent Propoſals to me, to give me 100 l. that I ſhould not proſecute you, according as they told me, and they gave me one Guinny in hand for it.

L. C. J.

Some of it came to the hands of Murfey I believe.

Plunket.

My Lord, I cannot ſay any thing to this, my hands are tyed, becauſe my Witneſſes are not here. My Lord, if I had my Witneſſes and Records, I did not care for all theſe Witneſſes.

L. C. J.

But you know, you had time to bring them.

Plunket.

My Lord, I deſire to know whether this be his hand, (ſhewing the Paper to Mr. Moyer.)

Moyer.

Yes, I believe it is.

Plunket.

I deſire it may be read.

Moyer.

Yes, I am very well ſatisfied it ſhould.

Cl. of Cr.

Reads. For my very Reverend Father Anthony Guardian of Armagh, Your Letter & Citation—'Tis dated in July (78.)

Plunket.

He can beſt read it himſelf.

Cl. of Cr.

Read it right (the Paper being delivered him.)

Moyer.

My Lord, I pity him with all my heart, that a man of my own Function, ſhould be brought into queſtion for ſuch things as theſe are, (he reads) Very Reverend Father Guardian, 'tis dated 1 July (78.) Your paternities paternal Letter and Citation homeward, I did inſtantly peruſe. As for my Lord O. Plunket, I wrote a Letter to him the day before I ſaw your Reverends laſt, that he might cauſe my Fame, which is as dear to me as my Life, to be recalled; or I ſhould cauſe his Name to be fixed at every publick place, which by the Almighty I will do, Nature and all reaſon compelling me to do it.

Plunket.

My Lord, I ſay this, he ſays he came to my houſe when he came over, and I imparted this ſecret to him, yet you ſee I had denounced him throughout my whole Dioceſs, and he here calls me by all thoſe Names of Elemas, Simon Magus, and Barjeſus, and 'tis impoſſible if I had communicated ſuch a ſecret to him, that I would deal ſo with him.

Mr. Juſt. Dolben.

He does not ſay, you imparted this ſecret to him, but he ſays, when he told you of the Letter, you anſwered him, but you ſeemed ſurprized and muſed firſt.

L. C. J.

You ſeemed to flatter him then, and told him you hoped to ſee him, the beſt of his Order, highly promoted.

Mr. Juſt. Dolben.

How came you to fall out, Moyer?

Moyer.

When firſt they had this meeting at Brantry, ſeeing a Cloud coming, and dreading a War, and the conſequencies of it, I went and applied my ſelf to Sir Hamilton, one of his Majeſties Privy Councellors in Ireland, and I gave in all my Informations December 7 (76.)

Mr. Juſt. Dolb.

And thereupon he denounced you Excommunicate?

Moyer.

Yes, and afterwards, when he ſaw I was in communication and familiar with theſe Privy Councellors, then he was certain I had diſcovered the matter, and then he got a great many devices to get the Letters out of my hand.

Plunket.

You ſhall ſee under his own hand all the Stratagem of this, if I had my Witneſſes here, you ſhould then ſee under his own hand, upon what account he fell out with me. Pray, my Lord, ask him if this other Letter be his hand.

Moyer.

I believe it is my own hand.

L. C. J.

Read it.

Moyer.

(Reads) Very Reverend, Father Guardian (then ſpeaking) My Lord, you know that I was loth to diſcover my ſelf, being among People knowing of the Plot.

L. C. J.

Well, read it over.

Moyer.

(Reads) the 23. of April (78) I was ſomewhat comforted by your Letter. But now I hope your Reverence hath conſidered what wrong I have ſuſtained, by my envious Adverſaries Calumnies, only for ſtanding, as I have a Soul to ſave, for your Rights and Priviledges, as alſo for endeavouring to hinder my native Countries ruine and deſtruction.

Mr. Juſt. Dolb.

Read that again. (Which he did.)

Plunket.

Obſerve, that I was his Adverſary, for ſtanding for the Rights and Priviledges of the Fryers.

Mr. Juſt. Dolb.

As alſo for endeavouring to hinder his Countries ruine and deſtruction.

L C. J.

The one and the other were the reaſon of your falling out.

Moyer.

(Reads on.)

Moyer.

My Lord, I was I confeſs a begging Fryar, and ſtood up for the Priviledges of the Fryars.

Plunket.

Did you write any Proceſs to Rome againſt me?

Moyer.

No, I never did it.

Plunket.

My Lord, does not he ſay I was in diſgrace at Rome?

Moyer.

No, nothing of that.

L. C. J.

I don't hear it, but what if he did? what is that to the purpoſe.

Plunket.

To ſhew his Contradictions, now he ſays, I was great in Rome, and but then in his Letter he ſays, I was in diſgrace at Rome. Now he ſays, all that he had againſt me, was for his Fryers, and to hinder the deſtruction of his Country; becauſe I hindred the Fryers to beg there, is the Deſtruction of his Country. as he was doing there Upon that he fell out with me, and upon that his own Superiors ſent this Order.

L. C. J.

We can't meddle with your Superiors Orders, they are no thing before us.

Mr. Serj. Jeff.

My Lord, I think for the preſent we have done with our Evidence.

Plunket.

My Lord, to ſhew what was part of the falling out, I would ask him if he was Indicted for any Crime, and found Guilty by a Jury?

Moyer.

That was for diſcovering, for I diſcovered it before.

Plunket.

My Lord, he confeſſes he was Convicted for giving Powder and Shot to the Rebels.

Mr. Juſt. Dolben.

No, no, he does not ſay ſo; produce the Record, if you have any of ſuch thing.

Moyer.

To ſatisfie the Court.

Mr. Serj. Jeff.

Look you, Dr. Plunket, if you will ask him any queſtions, that by Law he is bound to anſwer, do it of Gods name, we will not interpoſe, but if you ask him any queſtions that may tend to accuſe himſelf, we muſt tell you, he is not bound to anſwer them.

Plunk.

He hath been convicted and found guilty, he will confeſs it himſelf.

L. C. J.

He is not bound to anſwer ſuch a Queſtion.

Moyer.

It was a Tory ſwore againſt me, that you did abſolve.

Mr. Juſt. Dolb.

Don't tell us a ſtory of your Tories.

L. C. J.

Look you Mr. Plunket, don't miſpend your own time; for the more you trifle in theſe things, the leſs time you will have for your Defence, I deſire you now to conſider, and well husband your time for your Defence; what have you to ſay for your ſelf?

Plunk.

My Lord, I tell you, I have no way to defend my ſelf, in that I was denied time to bring over my Records, and my Witneſſes, which are 10 or 12. And if I had them here, I would ſtand in defiance of all the world to accuſe me; but I have not ſufficient time to bring over my Records and my Witneſſes, and I am brought here from out of my native Country; were I in Ireland, there both I and they ſhould be known: but when I was to be tried there, they would not appear; and it is all falſe and only malice. Theſe men uſed to call me Oliverus Cromwellus out of ſpight.

Mr. Serj. Maynard.

You are very like him, a Deſtoyer of the Government.

Mr. Serj. Jeff.

Were not you acquainted with him?

Plunk.

This is all I can ſay, if I had my Witneſſes here I could make my defence.

L. C. J.

Here are ſome things, that if you can give an Anſwer to, you will do well to do it; for they ſtick cloſe to you. They do teſtifie againſt you here, that you did undertake to raiſe a body of men in Ireland, 70000 men they ſpeak of out of in your own Nation, and all theſe were to join with the French, for the introducing the Religion of the Romiſh Church into Ireland, and ſetling that again there. And that you, in order to this, did take a Survey of all thoſe Roman Catholicks that were able to bear Arms, from 16 to 60; and there is plentiful Evidence, that you did go a Circuit there to peruſe all the Towns, and ſee which might be moſt convenient for the taking in, and entertaining the French, and landing their Forces; and Charlemont, you did deſign that for one ſtrong place to be taken, and Dun-Gannon for another, and that you did deſign the French Army to land at Carlingford, and all that was with you, tells the reaſon you gave, why that ſhould be the place, that they might come up with a burdened Ship to the very Gates of the Town, that you did, in order to the entertaining theſe foreign Forces, raiſe mony, that you did ſend out your Orders ſub poena ſuſpenſionis to all that were of the Roman Clergy, and that this mony was received, ſeveral of them teſtified that they paid it to you, and this man hath ſeen great numbers of perſons pay mony to you upon theſe accounts. All theſe are Treaſon, what ſay you to them. It does import you to conſider what Anſwer you can give.

Plunk.

My Lord, firſt as to the firſt point, I anſwer, that I never received a farthing of mony out of my own Diſtrict, and but for my own Livelihood, and that I can prove by thoſe that have received it for me, that I never received over threeſcore pound a year in my life, unleſs ſome Genleman would now and then give me 10 s. for my relief. For, my Lord, this is the way in Ireland, every Prieſt hath ſo many Families allotted to him, and every Roman Catholick Family gives 2 s. a year (as they that profeſs that way, know) and the Prieſts give me who am Superior over them, in my own Diſtrict, ſome 20 s. ſome 30 s. and I never got ſo much in my life as to maintain a Servant, and this was atteſted before the Council in Ireland.

Mr. Juſt. Dolb.

Ay, but the Witneſſes ſay, out of your own Diſtrict you ſent into another Biſhops Dioceſs to collect mony.

Plunk.

My Lord, I ſay I could never get ſo much as to keep a Servant, and till now I never got a farthing out of my own Dioceſs, unleſs I have been called to an Arbitration or ſome ſuch thing, it may be for my Journey and Expences 40 or 50 miles they would give me ſomething for my maintenance; if you ſhould find any thing elſe, I will be content to ſuffer; and if my Evidence were brought from Ireland, there is nothing but what would be made clear, both under their own Hands and by Records, and that is all well known, and was atteſted in his preſence before the Council in Ireland, which threeſcore pounds was a very ſmall thing to maintain me, and I never had above one Servant, and the Houſe I lived in was a little Thatch'd Houſe, wherein was only a little Room for a Library, which was not 7 foot high, where once this fellow came to affront me, becauſe I had hindred him from begging, and that's for the Mony. For the Men, I defie any one that ever ſee me make a Liſt of Men in my life, or can produce any Liſt made by my Order. I was never in my life at Kinſale, at Cork, at Dun-Gannon, at Limerick, &c. or thoſe parts of Munſter which were the chief Ports where the French ſhould come in, and not in Carlingford, which is the narrow Seas in Ʋlſter, which any one that knows the World will judg to be a very improper place for the French to land in. 'Tis all one as to ſay that the French ſhould come in at a poor place where they could get nothing, it being at the narrow Seas, and they never ſaw me there in their lives.

L. C. J.

Yes, one does ſay, he was with you.

Plunk.

Well, one does ſay he ſaw me there, but if I had my Witneſſes here, I could prove he was a Friar, and declared an Apoſtate by his own Provincial, as this Gentleman is, and becauſe I hindred them to beg in my Diſtricts, therefore they have this malice againſt me, that is all. Well, my Lord, that is for that: I was never in my life in Connaght; and they cannot ſay, I took any Liſt in Ʋlſter, nor was twelve miles in Munſter in my life: But thus, my Lord, ſometimes there would be, as our way is, ſo many Families aſſigned to every Prieſt, (and this is the plain truth) this Prieſt perhaps complains to me of the inequality, my companion near me hath 150, and I have but threeſcore, which I muſt rectifie; though I never knew but one of theſe Complaints. And if I had my Witneſſes from Ireland, and the Records, I would defie all theſe Witneſſes together. For my ſending to Rome, I had never an Agent in Rome for theſe ſeven years paſt, becauſe I was not able to maintain him, and indeed it was a great ſhame to us; becauſe there is never a Community of Fryers, that hath a Colledge beyond Sea, but hath ſome Agent at Rome.

L. C. J.

'Tis a ſhame to have one there, not to want one.

Mr. Juſt. Dolb.

Well, if you have Witneſſes, I cannot tell what to ſay.

Plunk.

If I had gotten but to the latter end of the Term, I had deſied them altogether. And your Lordſhip ſhould have ſeen under their own hands what they were.

L. C. J.

You forget this all this while, your own Letter, wherein this matter is, that you had ſearched the Towns and conſidered it.

Mr. Att. Gen.

He does deny there was ſuch a Letter, he does not own there was ſuch a Letter.

Plunk.

I my Lord, I never did write ſuch a Letter. And that young man that he ſpeaks of, I could prove, if I had my Witneſſes, that he never was in any Service or Company in Ireland, nor writ any Letters by him.

L. C. J.

Did you never ſend any Letter by one O Neal?

Plunk.

No my Lord, but he went over a begging.

Moyer.

This young mans Brother in Law will teſtifie, that he was your Lordſhips Page.

Plunk.

I have 3 Witneſſes that he came there begging, naked, and was ſick 3 months, and went over a begging, and was at Rome as a ſtragler.

Moyer.

Call Hanlet, (who came in)

Sir Fr. Wyth.

Did you know Neal O Neal?

Hanlet.

Yes.

Sir Fr. Wyth.

Whoſe Servant was he?

Hanl.

My Lord Plunket ſent him to Rome; he was ſent there with his Letters, and I ſaw the young man and the Letters.

Mr. Jones.

Did he come a begging there?

Hanl.

No.

Plunk.

Where did you ſee him?

Hanl.

At Mant.

Plunk.

Where is that?

Hanl.

In France.

Plunket.

And you ſaw him with my Letters?

Hanl.

Yes.

Plunk.

And this man ſays, the Letters were opened at Caprennica, becauſe he thought they were Letters of Recommendation.

Hanl.

Why, he went that way afterwards, and they were not opened when I ſaw them.

Mr. Serj. Jeff.

Did you know he was the Doctors Servant?

Hanl.

Yes, he was.

Plunk.

Did you ſee him in my Service?

Hanl.

I ſaw him in Mant.

Mr Juſt. Dolb.

How do you know he was the Biſhops Servant.

Hanl.

Becauſe he ſhew'd me his Letter.

L. C. J.

Was he owned for his Servant, and was he taken for his Servant.

Hanl.

Yes.

Plunk.

Did he go on Foot or on Horſebak.

Hanl.

He went on foot.

Plunk.

He was in a poor condition in a place not above four miles from Rome, that I can prove.

L. C. J.

Did he beg as he went?

Hanlett.

No.

L. C. J.

Mr. Plunket, if there is any Queſtion you will ask of the Witneſſes; or if there be any Evidence you would give your ſelf, this is your time for the doing of it; if not, we muſt leave your Caſe to the Jury, who have heard the Evidence all along.

Plunk.

Only this, my Lord, your Lordſhip ſees how I am dealt with. Firſt and foremoſt, I have not time to bring my Witneſſes, or my Records, which if I had, I would not weigh one farthing to leave my Cauſe with any Jury in the world. Beſides all this, I am brought out of my own native Country, where theſe men lived, and I lived, and where my Witneſſes and Records are, which would ſhew what theſe people are. I ſent by the Poſt and did all that I could, and what can I ſay when I have not my Witneſſes againſt theſe people, they may ſwear any thing in the world; you cannot but obſerve the improbability of the thing in it ſelf, and unto what a condition I am brought. My Lord, my Life is in iminent danger, becauſe I am brought out of my own Country, where theſe people would not be believed againſt me.

Mr. Sol. Gen.

My Lord, I think this matter lies in a narrow compaſs, the Evidence hath been long; I would only repeat the ſhort Heads of that which hath been given at large. He is indectid for a Conſpiracy to kill the King, the Overt act is an Endeavour to introduce a Forreign Power into Ireland, to raiſe an Army, and levy War there; and the Proof of it hath been very full. The Proof in general, that there was a Plot to introduce the French, is plain by all the Witneſſes, and the Proof in particular upon this perſon at the Bar, hath been as plain as any thing can be. They prove to your Lordſhip in general, that there was an Expectation that the French ſhould come in, that there was an Invitation of Florence Wyer the firſt Witneſs, to go over into France, and ſpeedily he ſhould have a Command upon his return, in Ireland, that there were Preparations; for this appears by the Oath of Secrecy given to ſeveral men. Forty men that came along with Biſhop Tyrrel to keep it private during their lives; and there was a farther proof of that general Conſpiracy by Duffy, that when there was a general meeting of ſo many thouſand people for Confirmation, there was by the Gentlemen at that meeting a ſecret Conſultation how to carry on the Deſign, and how to liſt men, and to look out the old Officers in the late Rebellion, and to ſee what poſture they were in, as to the management of this Deſign, and this comes now particularly to the Priſoner who was by at this Conſultation, ſo the Witneſſes do tell you. But that that comes nearer to him, is, that he did iſſue out Orders for the raiſing of Mony, and that he did raiſe Mony purſuant to thoſe Orders, and did receive Mony for that very purpoſe; this is proved by three Witneſſes, Duffy, and Mac Legh, who paid the Mony, and by Moyer the laſt Witneſs, who ſaw him receive it from ſeveral Perſons. This is poſitive upon him; nay, they ſay farther, that there was a Liſt made of the ſeveral men, in the ſeveral Pariſhes, that were able to bear Arms upon occaſion, from ſixteen to ſixty, and there was a Liſt of a matter of threeſcore thouſand men that were ready upon any occaſion to riſe for the purpoſe, and this Liſt was delivered over into the hands of the Priſoner at the Bar. There is one Witneſs, Duffy, that ſays farther, that he ſaw a Letter under his hand in France to the Cardinal Bouillon, to invite the French King into Ireland, and he did wonder that he ſhould ſpend his Time and Blood in Wars againſt Spain, which was a Roman Catholick, and not come into Ireland to extirpate the Hereticks. And this Letter is confirmed by another Letter, which was ſeen by Moyer, a Copy of which is produced, which he tranſlated from the Original in Latin, and the Letter was ſent to Rome by Neal O Neal, whom the Priſoner ſays he had no concern for, but to give him ſome Recommendations.

Plunket.

I gave him no Recommendations.

L. C. J.

No, he ſays he did not give him any, nor ſent any Letter by him.

Mr. Soll. Gen.

Then he urged, that he went along begging by the way, but 'tis proved he was ſent by him, and ſent with Letters, and that by his Brother in Law, who met him at Mants. And 'tis proved by Moyer, who ſaw the Letter opened, taking it to be but a common Letter of Recommendation, he read the Letter and took a Copy of it, and tranſlated that Copy, which Tranſlation is enough to verifie all the matter which the Witneſſes have ſworn, for 'tis agreeing to what he ſaid to Cardinal Bouillon in his other Letter, that it was more proper for the Catholick Princes to agree together to extirpate Hereſie, than to vary amongſt themſelves, that now was the time: for there were threeſcore thouſand Men ready to riſe upon ſuch an Invaſion. This is the ſubſtance of the Letter, and this proves fully the Conſpiracy this man was ingaged in, his receiving Mony, his Liſting Men, and his Invitation of Foreign Princes. And this is fully proved.

Mr. Serj. Maynard.

And ſo his viewing the Ports too.

Mr. Sol. Gen.

It was likewiſe agreed that Carling ford ſhould be the Port, and 'tis like enough to be the Port, for 'tis a very large Port, that Ships of the greateſt Burthen may come up to the Town, and the Town it ſelf but a weak Town. This is the ſubſtance of the Evidence, and this is proof enough, we think, to convict any man of this Fact.

Mr. Serj. Jeff.

My Lord, I ſhall trouble you but with one word that hath been omitted. I think 'tis a Cauſe of great Example, and that thing which the Priſoner ſeems to make his Excuſe hath been anſwered by a Favor and Indulgence from the Court in a very extraordinary manner. For, in as much as this Gentleman would make it a very hard caſe, That he is brought out of his own Country, and hath not his Witneſſes; it is very well known that by a particular Favor of the Court, which is not uſual in theſe Caſes, he had between five and ſix weeks time for preparation for his Tryal: ſo that truly as to what does appear, I think all the Witneſſes that have been examined, are Witneſſes to be credited, except you Gentlemen, of your ſelves can convict upon your own knowledge theſe Perſons of any Miſdemeanor, which I think you cannot, much leſs of Perjurie. But beſides, the Witneſſes we have produced, all which ſpeak to the Plot in general, and four of them fix it upon the Perſon at the Bar; they ſpeak particularly, and every one agrees in Circumſtances, and that other that ſpoke mincingly, I put it upon; it is the greateſt Evidence that can be. For that perſon that could come before a Grand Jury, and there be the main Witneſs, but when he comes here, muſt be ſcru'd and pump'd to diſcover the ſeventy thouſand men. And I ſuppoſe you did obſerve how difficult it was to know of him, whether this Perſon was Primate of Ireland, or whether it were from the authority of the King or the Pope, a very probable thing, that he ſhould be ſuch a one as the King deſigned to be Primate and Superintendent of Ireland. Further, my Lord, this I deſire to take notice of too, that Wyer, the firſt Witneſs, fixes four particular things upon the Priſoner at the Bar, which have not yet been taken notice of. Firſt he fixes a diſcourſe with another perſon that was Competitor with him for this very Office, Biſhop Duffy, and he gives the reaſon why he was admitted into the Office rather than the other, becauſe he was a man of greater Ability to carry on the Deſign, and though he does not give you an account of the Deſign; yet the reſt of the Evidence do, and make it to be the Deſign then carrying on. Another thing is, he tells you of the ſending one into France, that was to come back again in order to this Deſign, I think his name was Mac Donnel, and then the great Tory Flemming and he were to come back again Colonels in the Army that was to be raiſed. The next perſon, that fixes it upon him, is Mr. Han O Neal, and he gives the plaineſt Circumſtances, That at a time in Auguſt when Biſhop Tyrrel came to the Houſe of one Bradey with ſo many men well equipped with ſuch and ſuch Arms, and took the Oath of Secreſie; he himſelf, but not only he, but the other Prieſt Mac Legh, was preſent at the ſame time, and took the ſaid Oath, and he does tell you that that very Prieſt was ſent to Dublin to diſcover it at that very time, and ſo he hath fixed the Perſon, and Time, and the Buſineſs they came about. Then Mac Legh comes and tells you the ſame thing in every circumſtance; Ay, but ſays the Priſoner at the Bar, and he would make it to be a great Objection, How chance that they have concealed this all the while, and not diſcovered it to ſome Juſtice of the Peace? Why, ſays one, I was under your Juriſdiction in that place, that is the very reaſon he gives wherefore he durſt not, and ſays another, I was concerned and as earneſt as the Priſoner or any body elſe, but going into France, I obſerved the ſlavery that all the Subjects were under, under the Tyranny of that King, and apprehending that the ſame King was to come into Ireland by the means of theſe Gentlemen; I was concerned at it, and had rather the Devil ſhould reign over us than ſuch an one, and therefore I will diſcover it. And he ſaid very well I think, that he had rather have the Devil to reign; for it ſeems to be him, or one in his ſhape that reigns after that manner. And there are two perſons that ſwear to the very year that they were obliged to raiſe the mony, and ſwear poſitively, they ſaw his Orders ſub poena ſuſpenſionis, I do not know whether they mean hang'd or ſuſpended from their Office. But it ſeems it was ſo terrible that it made them pay twenty Shillings a piece for three years ſucceſſively. And there is another Gentleman that tells you, that out of a ſmall Living, wherein he was concerned only as Curate to a third perſon it had been paid two or three times; and another, though he was exempt himſelf from the payment, yet ſo great a Confident was he of the Priſoner's at the Bar, that he was preſent when he ſaw thirty or fourty pay this Tax, and whereas the Priſoner at the Bar would make it thought a ſtrange thing, that he ſhould raiſe ſo much mony, who had but a houſe ſeven foot high, it ſeems there is above that thatch'd houſe a Chappel.

Plunket.

There is no Chappel.

Mr. Serj. Jeff.

But now, my Lord, that which ſubſtantially proves what theſe Witneſſes ſay, is the Letter that is ſent to Rome to the Secretary of the College De propaganda Fide, which is the laſt Letter that the laſt Gentleman ſpeaks of, wherein he does particularly take notice, that he had taken care to raiſe ſuch moneys, and view all the Ports and places of ſtrength. And, my Lord, that which is a very great circumſtance to back the Evidence of the firſt Letter to the French Cardinal Bouillon which was taken notice of by the firſt Witneſs, and there is ſuch a paſſage in this too, that the Catholick Princes ſhould not ſpill one anothers blood, when they might better employ it here in Ireland for the propagation of the Faith; this laſt Letter takes particular notice of that very inſtance too, that inſtead of drawing their Swords againſt one another, they had better come to promote the Catholick Faith in Ireland. Theſe four Witneſſes are punctual and preciſe in every particular circumſtance of the Caſe, and againſt them there is nothing but the common Objection. If I had ſuch Records, and Witneſſes here, I could make my Defence; that is, if he had thoſe things that he has not, he might appear to be another man than he is; but I am ſure, as it appears upon the Evidence that hath been given by all the Witneſſes, there is a plain proof and a full proof of every Treaſon laid to his Charge.

Plunket.

My Lord, I deſire theſe Witneſſes may be called [giving in a Paper.]

Cryer.

David Fitz-gerard, Euſtace Commines and Paul Gormar.

L. C. J.

Who gave him this Paper, he had it not before?

Stranger.

I was told that theſe were good Evidences for Dr. Plunket, and I gave him the Names.

L. C. J.

Where are they?

Stranger.

They are hard by.

Mr. Att. Gen.

Where is Euſtace Commines, for he was one that gave in Evidence againſt the Priſoner.

[Then Paul Gormar appeared.]

L. C. J.

What would you ask him?

Plunket.

I deſire to know of him, whether Mr. Moyer did allure and intice him to ſwear againſt me?

Gormar.

Indeed, my Lord, he never did.

L. C. J.

Will you ask him any more?

Gormar.

But this, my Lord, Mr. Moyer and I were in diſcourſe, and he ſaid if there was Law to be had in Ireland, he would ſhew Mr. Plunket his ſhare in it.

L. C. J.

Well, what of that?

Gormar.

My Lord, I did come out of Ireland to reveal what Plots the Iriſh had againſt the King, and as for this Mr. Plunket, as I have a Soul to ſave, I never heard of any miſdemeanor of him.

Mr. Juſt. Dolben.

How came you here to day?

Gormar.

I was ſummoned.

Mr. Juſt. Dolb.

By whom? Was it the Attorney General or Plunket that ſummoned you?

Gormar.

Here is the Summons.

Mr. Serj. Jeff.

It is a common Sub Poena.

Plunket.

I never ſent for him.

Gormar.

It was not againſt you, they know I had nothing againſt you, I thought you did more good in Ireland than hurt, ſo I declare it.

L. C. J.

Have you any more Witneſſes? if Fitz Gerard or Commines will come, we will hear them.

Plunket.

My Lord, I have not any more Witneſſes.

L. C. J.

Look you, Gentlemen of the Jury, This Gentleman here, Mr. Plunket is indicted of High-Treaſon, and 'tis for Conſpiring the King's Death, and endeavouring to bring the French Army into Ireland for to Invade that Kingdom, and to plant the Romiſh Religion in that Kingdom. You have had Evidence againſt him that hath been fully examined. And theſe things do ſeem to be very plain by the Witneſſes, That he himſelf hath taken a Commiſſion, or a Grant, or what you will pleaſe to call it, from the Pope to be Primate of Ireland, that he hath taken upon him to make Laws as the Provincial and that he hath undertaken and endeavoured to ſettle the Popiſh Religion in that Kingdom, and in order to that, he hath invited the Aid of the French Army, and that he hath for the better landing of them, looked out what places were moſt convenient for them; That he hath ſet a Tax upon the Clergy within his Province for the facilitating of all this, and for the making preparations for the entertainment of this Army. This the Witneſſes teſtifie againſt him, and that there were ſome Towns, as Dungannon and another Town, that were to be betrayed to the French. Now you muſt conſider concerning theſe Witneſſes: If you believe the Evidence that hath been given, and which hath been repeated by the Kings Counſel, and if you believe that he did deſign to bring in a French Army, to eſtabliſh the Roman Religion there again, and that he took upon him to raiſe mony for that purpoſe, ſurvey'd the Ports, and made ſuch proviſions, as the Witneſſes ſpeak of, and was in that Conſpiracy; you muſt find him Guilty, I leave it to you, it is a pretty ſtrong Evidence, he does not ſay any thing to it, but that his Witneſſes are not come over.

Plunket.

I can ſay nothing to it, but give my own proteſtation, that there is not one word of this ſaid againſt me is true, but all plain Romance, I never had any communication with any French Miniſter, Cardinal, nor other.

Then the Jury withdrew for a quarter of an hour, and being returned gave this Verdict.

Cl. of Cr.

Oliver Plunket, hold up thy hand. How ſay you, is he Guilty of the High-Treaſon whereof he ſtands Indicted, or not Guilty?

Foreman.

Guilty.

Plunket.

Deo Gratia. God be thanked.

Then the Verdict was Recorded, and the Court roſe. And the Keeper went away with his Priſoner.

On Wedneſday 15. Junii 1681, Oliver Plunket was brought to the Bar to receeive his Judgment.

Mr. Att. Gen.

My Lord, I pray your Judgment againſt the Priſoner Oliver Plunket.

Cl. of Cr.

Oliver Plunket, hold up thy Hand; Thou haſt been Indicted of High-Treaſon, thou haſt been thereupon Arraigned, thou haſt thereunto pleaded not Guilty, and for thy Trial haſt put thy ſelf upon God and the Country, which Country hath found thee Guilty, what haſt thou to ſay for thy ſelf, why Jadgment of Death ſhould not paſs upon thee, and Execution be thereupon awarded according to the Law.

Plunket.

My Lord, may it pleaſe your Lordſhip, I have ſomething to ſay, which if your Lordſhip will conſider ſeriouſly, may occaſion the Courts Commiſeration and Mercy. I have, my Lord, for this Fact been Arraigned in Ireland, and brought to my Trial there. At the day of my Trial all the Witneſſes voluntarily abſented themſelves, ſeeing I had Records and Witneſſes to convince them evidently and ſhew what men they were, and the prepenſed Malice that they did bear to me, and ſo finding that I could clear my ſelf evidently, they abſented themſelves on the day of my Tryal no Chriſtian appeared, but hither over they come, and procure that I ſhould be brought hither, where I could not have a Jury that knew the Qualities of my Adverſaries, or who knew me, of the circumſtances of the Places, Times, and Perſons; the Juries here as I ſay were altogether ſtrangers to theſe Affairs, and ſo, my Lord, they could not know many things that conduce to a fair Tryal, and it was morally impoſſible they ſhould know it. I have been accuſed principally and chiefly for ſurveying the Ports, for fixing upon Carlingford for the Landing of the French, for the having of ſeventy thouſand Men ready to join with the French, for collecting Mony for the Agents in this matter, for the aſſiſting of the French and this great Utopian Army. A Jury in Ireland conſiſting of men that lived in that Country, or any man in the World that hath but ſeen Ireland in a Map, would eaſily ſee there was no probability that that ſhould be a place fit for the French to land in, though he never was in Ireland, yet by the Map, he would ſee they muſt come between the narrow Seas all along to Ʋlſter, and the Rocks, and ſuch places would make it very dangerous; and by their own confeſſion it was a poor Town, and of no ſtrength, a very ſmall Garriſon, which had not been ſo, if it had been a place of any conſideration. And whereas I had Influence only upon one Province, as is well known, though I had the Title of Primate of all Ireland, as the Archbiſhop of Canterbury hath of all England; yet the Arch Biſhop of York will not permit him to meddle with his Province; and 'tis well known by the Gentry there, and thoſe that are accuſtomed to the place; That in all the Province of Ʋlſter, take Men, Women and Children of the Roman Catholicks, they could not make up ſeventy Thouſand. This, a Jury there, my Lord, had known very well, and therefore the Laws of England, which are very favourable to the Priſoner, have provided that there ſhould be a Jury of the place where the Fact was committed, as Sir Thomas Gaſcoine, as I have heard, had a Yorkſhire Jury, though he was tryed at London. And then after my coming here, I was kept cloſe Priſoner for ſix Months, not any Chriſtian was permitted to come at me, nor did I know any thing, how things ſtood in the World. I was brought here the third of May, to be arraigned, and I did petition your Lordſhip to have ſome time for my Tryal, and I would have had it put off till Michaelmaſs, but your Lordſhips did not think ſit to grant ſo long, but only till the eighth of this month, when my Witneſſes who were ready at the Sea ſide, would not come over without Paſſes, and I could not get over the Records without an Order from hence; which Records would have ſhewn that ſome of the Witneſſes were indicted and found guilty of high Crimes, ſome were impriſoned for Robberies, and ſome of the Witneſſes were infamous people, ſo I petitioned the eighth of this month, that I might have time but for twelve days more, but your Lordſhip thought when the motion was made, that it was only to put off the Trial, 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 defend 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 it 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 beg 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 poor 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 or 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 Proemunire for the exerciſe of my Epiſcopal Function, perhaps they had ſaid ſomething that might have been believed, but my Lord, as I am a dying man, and hope for Salvation by my Lord and Saviour, 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 Behaviour in Ireland, and not only from him, but from my Lord Berkley, who was alſo Governour there, which the Kings Attorney ſaw; But here I was brought, here I was tried, 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 'tis ſuch a rare Caſe, as I believe you will not find two of them in print, that one arraigned in Ireland, ſhould be tried 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 tried, 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?

Plunk.

I have nothing further to ſay, but what I have ſaid.

Then Proclamation was made for ſilence, while Judgement 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, 'tis a Treaſon in truth againſt God an your King, and the Country where you lived. You have done as much as you could to diſhonour God in this caſe; for the bottom of your Treaſon was, the ſeting 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 diſhonourable 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 your, 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 Trial, and a Trial 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 hurried you out of the World by a ſuddain Trial, 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 does not become you by any means to object; for you have had a Trial 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 ancient 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 arraigned and condemned for Treaſon done there. So that you have no reaſon to except againſt the Legality of your Trial. You ſay, now you have Witneſſes that could prove all this Matter, why that lies in the mouth of any man that is condemned to ſay; but pray conſider with your ſelf, what Regard ought to be given to this. We cannot help it, if your Witneſſes don't come, you may remember they wanted not Time nor Opportunity to come over, but you told us they would not come unleſs they had a Paſsport.

Plunket.

My Lord, they got a Paſs to come over afterwards, and ſo in eight days they came hither.

Lord Chief Juſtice.

You might have provided your ſelf, if they wanted ſuch a thing. In the firſt place, no body is bound to give it them; much leſs could you expect it for them without asking.

Plunkett.

I could not get the Copies of the Records neither by any means, unleſs I had an Order from the Council, and they would not give that Order, unleſs your Lordſhip appointed it.

L. C. J.

We cannot tell that, you ſhould have petitioned in time.

Plunkett.

How could any one foreſee, unleſs he was God Almighty, that they would deny it, or that he could not get out a Copy of a Record, paying for it, without a Petition. All the Friends I had told me, upon Motion there it might be had, but here I have it under the Lieutenants and Councils Hands, that they would give no Copy of Records without Order from hence, which before I could know it, it was impoſſible for me to have them ready againſt my Trial.

L. C. J.

Look you Sir, I do ſpeak this to you, to ſhew you that thoſe Objections, which you ſeem to make againſt your Trial, have no weight at all, but in this Caſe it is not the Jury that are ſo material as the Witneſſes themſelves. I appeal to all that heard your Trial, if they could ſo much as doubt but that you were Guilty of what you were charged with. For conſider here were perſons that were of your own Religion, the moſt of them Prieſts, I think almoſt all of them in Orders.

Plunkett.

There were two Friars and a Prieſt, whom I endeavoured to correct this ſeven Years, and they were Renegadoes from our Religion, and declared Apoſtates.

L. C. J.

Look you Sir, they gave an Evidence very home to your matter; you had liberty to examine them, and they gave you a rational Accompt of any thing you ask'd. Let me but put you in mind of one thing. You made Exceptions to one's Evidence, (and indeed that was very much of your Exception to all) why he did not reveal this in all that time: Truly he told you he was of your mind, till he went into France, and ſaw what a Slavery and Miſchief you endeavoured to introduce upon his and your own Countrymen, and this his Spirit roſe againſt, to ſee what a condition Ireland was like to be brought into. And pray, did not he give you a full Anſwer to that Queſtion?

Plunkett.

I had ſufficient Witneſſes to prove he was an Apoſtate, and was chaſtiſed by me, and therefore had prepenſed Malice againſt me.

Lord Chief Juſtice.

Therefore I have ſpoken this to the Satisfaction, I hope, of your ſelf, and all that hear it. I do now wiſh you to conſider, you are near your end. It ſeems you have lived in a falſe Religion hitherto; it is not too late at any time to repent, I wiſh you may have the Grace to do ſo; In the mean time there is no room for us here, to grant you any kind of Mercy, though, I'le tell you, we are inclined to pity all Malefactors: Who ever have done evil, we are inclined to pity them, and wiſh heartily that they may repent, as we do, that you may of what you have done. But all we can do now, is, to ſay what the Law ſays, and that is to paſs Judgment upon you.

Plunkett.

May it pleaſe your Lordſhip to give me leave to ſpeak one word. If I were a man that had no care of my Conſcience in this matter, and did not think of God Almighty, or Conſcience, or Heaven, or Hell, I might have ſaved my Life; For I was offered it by divers people here, ſo I would but confeſs my own Guilt, and accuſe others. But, my Lord, I had rather die ten thouſand deaths, than wrongfully accuſe any body. And the time will come when your Lordſhip will ſee what theſe Witneſſes are, that have come in againſt me. I do aſſure your Lordſhip, if I were a man that had not good Principles, I might eaſily have ſaved my own Life; but I had rather die ten thouſand deaths, than wrongfully to take away one farthing of any mans Goods, one day of his Liberty, or one minute of his Life.

L. C. J.

I am ſorry to ſee you perſiſt in the Principles of that Religion.

Plunket.

They are thoſe Principles, that even God Almighty cannot diſpence withal.

L. C. J.

Well, however the Judgment which we give you, is that which the Law ſays and ſpeaks.

And therefore you muſt go from hence, to the place from whence you came, that is to Newgate, and from thence you shall be drawn through the City of London to Tyburne; there you shall be hanged by the Neck, but cut down before you are dead, your Bowels shall be taken out, and burnt before your Face, your Head shall be cut off, and your Body be divided into Four Quarters, to be diſpoſed of as his Majeſty pleaſes. And I pray God to have Mercy upon your Soul.

Plunket.

My Lord, I hope I may have this favour, of leave for a Servant and ſome few Friends that I have, to come at me.

L C. J.

I think you may have liberty for any Servant to come to you, I know nothing to the contrary.

Plunket.

And ſome Friends that I have in Town.

L. C. J.

But I would adviſe you to have ſome Miniſter to come to you, ſome Proteſtant Miniſter.

Plunket.

My Lord, if you pleaſe, there are ſome in Priſon, that never were Indicted, or Accuſed of any Crime, and they will do my buſineſs very well; for they will do it according to the Rites of our own Church, which is the antient Uſage, they cannot do better, and I would not alter it now.

L. C. J.

Mr. Richardſon, you may let his Servant come to him, and any Friend in your preſence, to ſee there be no Evil done, nor any Contrivances that may hereafter have an Influence upon Affairs.

Mr. Juſt. Jones.

Be you preſent, or ſome body.

Plunket.

My Servant I hope may come, without his being preſent.

L. C. J.

Yes, yes, his Servant may be with him alone. Well. Sir, we wiſh better to you, than you do to your ſelf.

Plunket.

God Almighty bleſs your Lordſhip. And now, my Lord, as I am a dead Man to this World, and as I hope for Mercy in the other World, I was never guilty of any of the Treaſons laid to my Charge, as you will hear in time; and my Character you may receive from my Lord Chancellor of Ireland, my Lord Berkley, my Lord Eſſex, and the Duke of Ormond.

Then the Keeper took away his Priſoner, and upon Friday the Firſt of July, he was Executed according to the Sentence.

FINIS.
ADVERTISEMENT.

Some Paſſages of the Life and Death of John Earl of Rocheſter, who died the 26. of July, 1680. By Gilbert Burnet, D. D. Are to be ſold by Eliphal Dobſon Bookſeller on Cork-Hill, 1681.