And it will be as evident from circumstances, | invention to take off from the credit of all the that there was no more force put upon Fitzharris's mind by the sheriffs, to procure his confession, than was upon his body.

Perhaps, because those examinations were never printed, and scarce any foreigner, nor many Englishmen did know that Fitzharris had thrice sworn to the same confession in substance before the secretaries of state, which he did the fourth time before sir Robert Clayton. and sir George Treby.

Besides, it best answered the design of this sham confession, to conceal the first Examinations as much as could be, and to represent it to the world, as if sir Robert Clayton, and sir George Treby, had forced out of him the confession of all those popish treasons mentioned in his printed examination, as it was reported to the parliament. There is a trial of skill also for the same purpose in this mock confession to wrest some of sir Robert Clayton's, and sir George Treby's words from their honest sense wherein they were spoken, and to separate them from their other words, properly joined with them (as the devil used the Scripture) that they might seem to imply a wicked intent, to draw Fitzharris to say what was not true.

out from the consult, and the account he then had from De Puy, of the resolutions taken for that murder.

And this was in the term, after that the parliament at Oxford was dissolved, and aboye six weeks after his most close imprisonment in the Tower, where the city-sheriffs, or magistrates, or any from them, were never admitted to see him. Indeed the counterfeit confession (to avoid a plain conviction of its falshood) durst not say by whom Fitzharris was put upon saying that he did, of the queen and earl of Danby about Godfrey's murder.

But as the matters are connected, it is strongly implied to have been by the city-magistrates, none other being named or referred unto.

And to persuade the world, that the vilest wickedness may justly be believed of them (viz.) the city-officers, the impudence of hell is assumed to bring in sir George Treby, desiring or willing him to accuse the earl of Danby and the Popish Lords in the Tower, thus speaking (as if the worst of devils had spoke in him) do but you say it, we have those that will swear it. If such as know not sir George Treby can believe him to be so vile a wretch, as he is ren

When it was late in the night, and Fitzharris complained he was tired, having been about three hours upon examination, and was asked what he could say concerning Godfrey's murdered, and could also think sir Robert Clayton der; and he answered in general only (something.) Could any thing be replied more harmlessly by sir Robert Clayton, than to wish him to recollect himself against the next day, when it was intended to examine him further, if he had not been removed out of their power? Yet even these words of sir Robert Clayton's are recited, as if they implied some ill practice by him upon the examinant, or at least sonre sinister intent of his in that matter.

had a pack of knights of the post, godless perjurous wretches, in readiness to swear whatsoever they would have them.

could have been guilty of the same wickedness in consenting to it, or silently conniving at it, to which a thousand worlds could not have hired him: yet when they shall hear of sir George Treby's profession of the law, his reputation and place, surely it is impossible for them to believe him to have been so exceeding silly, as to discover to an Irish Papist, whom he had never seen before, such a strange mystery and secret of darkness amongst the ProThe sham confession further craftily insi-testants, and city-magistrates, viz. That they Auates (though it doth not expressly say it), that this wretched man's depositions about the counsels held at St. James's and Windsor concerning Godfrey's murder, were taken by sir If they had been so provided with false witRobert Clayton, and sir George Treby (which nesses against the duke and the Popish Lords, is utterly false); then the confession declares as this counterfeit confession suggests, and if that he was put upon what he said against the there had been a wicked design against them, queen and the earl of Danby about that mur- there was no need of Fitzharris his saying any der; and that sir George Treby would have thing about them; no body can think that he had him say that the duke, the lord Bellasis, was better able than sir George Treby to inArundel and Powis, were at the consult, and struct a false witness against them, especially that he had seen them go to it at St. James's. when the sham-confession represents him first Surely these sham confessions are thus metho- instructing Fitzharris, what he should say dized and put together, in hope to abuse or de-against the duke and Lords, that then the sons ceive the world into a belief, or opinion, that of Belial might come from their lurking-places, whatsoever this Fitzharris deposed first, and and swear to his words. last, about the popish plot, and Godfrey's murder was done by the practices, force and inducements of the city sheriffs and the justices of the peace.

Surely it had been the wiser, the safer, and the shorter way for sir George Treby, to have given his swearers (if there had been such) their lessons immediately, without desiring Fitzharris (as is vainly suggested) first to say it over after him, that then the witnesses might swear it.

Whereas it is most notoriously known, that it was upon Fitzharris's own motion to the judges of the King's-bench, that his depositions were taken before that court, about Godfrey's Neither the false suggestions nor the perjumurder, and that then, and not before, he dis-ries could have gained any weight or credit from covered the councils held at St. James's and the authority of Fitzharris, by his saying what Windsor about Godfrey's murder and the per- they were to swear. sons concerned and present therein; and the words he heard from the earl of Danby coming

In fine, they must desire to be cozened, that will but seem to believe so black, so vain, so

unlikely, and so foolish a slander of sir Robert Clayton and sir George Treby, only upon Dr. Hawkins's saying, (if he hath said true) that he had the words of Fitzharris for it; who hath convicted himself of forty perjuries, if the pretended confession to Dr. Hawkins had been bona fide made by him.

But this pretended confession having loaded with infamy the sheriffs and justices of peace employed in Fitzharris's examination, takes wonderful care with all the art and skill the contrivers had, that the earl of Danby might be wiped clean from Godfrey's murder, for which he was indicted by the occasion of Fitzharris's oath.

For that purpose the words of this confession are so framed, that the world may think, that the sheriffs or justices of the city, were the practisers with him in that deposition, the paper saying, "They were the more desirous to accuse the lord Danby of Godfrey's murder, because the crime of murder is not inserted in his pardon."

The word "they" will be understood to relate to sir Robert Clayton and sir George Treby, who only were mentioned before, or the sheriffs, though Fitzharris was never examined about the lord Danby by any of them, nor had any of them ever heard the least of the matters sworn by him against the lord Danby, about that murder, until they were public at the King's-bench-bar, which was six weeks after Fitzharris's removal from the sheriffs custody to be close prisoner in the Tower.

sion of a dying man should be cried up by the papists, at home and in foreign countries, as a ground to have it so believed.

We have reason to fear, that the sufferings of the Protestants beyond, the seas, are upon this occasion already encreased, our English papists there daily decrying the popish Plot, and catching at occasions to scandalize all Protestants in authority that oppose them, and to stir up enmity and rage thereby against the oppressed Protestants.

We must acknowledge that we were surprived with astonishment, when we first saw this mock-confession of Fitzharris published ; and the more, that it should be done by a Doctor of the English church, either Fr. Hawkins, or Hawkesworth, (which name he will own, we cannot yet learn) but that a Doctor of our church should, upon pretence of his private conference with a papist, attainted of treason, publish in print to the whole world for truth, that two justices of the peace, and two ministers of jus tice, high-sheriffs of the city of London, have combined with certain Lords and Commons of the Parliament, in a horrid conspiracy against the queen, duke of York, and many privycounsellors, and in wicked practices against the papistst, and endeavoured to prevail with Fitzharris to perjure himself, by forming a plausible story to confirm the popish Plot.

We say again, That a Doctor of our church should cause to be sent into all kingdoms and countries such black scandals of so many persons of quality and authority in our kingdom, to ren And if he knew before his oath against the der them (as much as in himis) more infamous lord Danby, that murder was not in his pardon and odious, than words can express; at this (which we do not believe) he was better inform- we were struck with horror; and so much the ed than sir Rob. Clayton or the sheriffs, and more, when we consider, that the doctor was the most men of England. But it seems strange not ignorant, that these pretended words or that this mock-confession did not, for the help confessions of Fitzharris, were contrary to his of this Popish Plot, absolutely retract the whole most solemn oaths, sworn before the king's mievidence given by Fitzharris at the King's-nisters, as well as before those justices; and bench court; whereas those parts of it are now left as true, that deposed the councils held at St. James's and Windsor, and that the lord Danby coming out of one of them, breathed out the threatening words (as Fitzharris remeinbers) and that De Puy, that was then in hearing of the council, presently told him, that Godfrey's murder was then resolved upon, &c. but a fine, thin excuse is invented since his oath that he believes De Puy spoke out of ill-will to the lord Danby. Yet nothing is said to shew, how he now comes so to believe, more than when he was sworn in the court to speak the whole truth, and nothing but the truth.

that all the Commons of England in parlia ment, had by order caused what he had so sworn to be published: And the doctor could not be ignorant, that the whole scope of that mock confession, was to throw the odium of a plot against the king's person upon some Protestants, and to discredit and prevent the prosecution of the popish Plot.

The doctor also might with very little pains have satisfied himself by undoubted evidence of the falshood of several of the matters of fact in the confession; and surely his function as a divine, his duty as a neighbour, and much more as a christian, required that he should in We hope we have said enough to convince some kind have heard, at least, some of the every impartial reader, of the impiety, fraud, partics accused, in their own behalf, (to whom and mockery of the pretended confession; yet he might have had easy access) before he had we should not have taken this trouble, if we proclaimed them to the world, to be guilty of could have suffered with patience, that all the such infamous crimes: He cannot excuse bim popish treasons and wickednesses lately dico- self for want of time, this mock confession was vered, against our religion, the king and king-taking and forming, as we can prove, a week at dom, should be represented to the world, as the devices and practices of the Protestants, their officers and magistrates against the papist, and that a seeming conscientious confes

least before Fitzharris's death: And we have reason to think, that the miserable deluded man understood many things in it, as they were modelled, as little as he did the doctrine of the

four general councils, which he owned for his faith, whosoever put it upon him.

But the doctor took care that none of the parties accused might see the arrows intended to wound them, till their good names should feel them, and therefore kept his confession in secret until the poor wretch was dead and cold, that would perhaps have shewed the fraud with his last breath, if he had been absolutely certain that it was to be his last; but that the doctor assured him of the contrary even very near his last hours, in due time will be proved.

The sheriffs at the gallows remembered Fitzharris of his promise made to each of them in Newgate, "That if they did put him to death, before he could discover to the parliament what was yet undiscovered of the Popish Plot, which he said he reserved for them, he would leave it behind him in writing." He answered them, That he had left it with Dr. Hawkins.

The sheriff's demanded of the doctor that it might be read to the people, whilst the man was living to own it; but the doctor only refused it, not the man, (how he was awed we know not), then the sheriff's demanded a copy of it from the doctor as their due, as what belonged to Fitzharris; but after some shuffling answers that he had it not about him, and that a great man had it, he promised them a copy; but either he thought he was not bound by his promise, or else he made no conscience of breaking the bond.

We doubt not but time will bring to light the whole contrivance of obtruding upon the world this mock-confession, and make it appear that

| Dr. Hawkins, or Hawksworth, knew that Fitzharris never intended it should pass for a true and real confession, if he died for the treason. And perhaps for that reason there was no one person of quality or authority about the Tower, or any other of eminency and integrity called in all the days of its contrivance, before whom Fitzharris might own any article of the confession, though doubtless if there had been only fair dealing, the doctor must needs have desired it for his own safety and credit, nor is it accountable why it was done; it may be also those two obscure men, and the woman, whose names are set to the printed paper as witnesses, knew no more what the confession and declaration was, which Fitzharris protested to them he had made to Dr. Hawkins freely, than the sheriffs knew what the further discovery was of the popish plot, which he also told them with his dying breath, he had left with Dr. Hawkins, no shadow of any such discovery having yet been produced by him; but on the contrary this odious sham confession to perswade the world, that the noise of popish Plots hath been from the wicked practices of some Protestants.

We have only left to pray, That the God of truth may bring to light all the hidden works of darkness, that no wicked device formed against the Protestant religion, his majesty and the kingdom, may ever prosper; and let every good man say, Amen.

Here followed the Paper printed in the text, at p. 396.

Remarks on FITZHARRIS'S Trial, by Sir JOHN HAWLES, Solicitor General to King William the Third.

Sir John Hawles, who was Solicitor General | Ship-Money, and other taxes in the nation, but to King William the Third, published, "REMARKS on the Trials of Eow. Frrz

HARRIS, STEPHEN COLLEDGE, Count Co"NINGSMARK, the Lord RUSSEL, Colonel "SIDNEY, HENRY CORNISH, and CHARLES "BATEMAN; as also on the Earl of Shafts"bury's Grand Jury, Wilmer's Homine “Replegiando, and the Award of Execu"tion against Sir Thomas Armstrong:" with the following Introduction:

THE strange Revolution which hath of late happened in our nation, naturally leads one into the consideration of the causes of it. The danger of subverting the established religion, and invading property, alone could not be the causes. For if it be true, that the same causes have generally the same effect; it is plain, that in the reign of a precedent monarch, the subversion of the established religion was as much designed, or at least was believed to be so, as of late; and it is not material whether what was suspected was true, or not; and property was as much invaded as of late, by imposing

more especially Ship-Money; which at first was light and easy, but in progress of time was increased, according as it was found the nation would bear it. And at length it was feared, as there was just reason so to do, that it would become as burthensome as what is now imposed on the French nation by the French king; and yet, when the war broke out, if the history of those times, or the persons who lived about those times, are to be believed, the majority of the nation took part with the king. There were therefore some other reasons for the disaffection of the nation to the late government, and they may be ranked under these six heads:

Exorbitant Fines; cruel and illegal Prosecutions; outrageous Damages; seizing the Charters; dispensing with the Test and Penal Laws; and undue Prosecutions in criminal, but more especially in capital matters.

For the First, I shall only observe, that when the House of Commons, in the parlia ment 1680, took that matter into consideration, and intended to impeach several persons for the same, the highest Fine, at that time complained