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only in the presence of captain Richardson,, riffs to have brought heads with them from who can testity the falsehood of those sugges- Everard, to have accused Fitzharris for a tions, that he pretended to come from the lord Yorkist, put on by the king to put the libel into Howard with a token, &c. And can prove Protestants' houses to trepan ihem; and Fitzthat sheriff Cornish chiefly advised him to make harris denies that he knew of any such thing. an honest true confession about the libel, and We could not have easily thought the heart its authors and abettors; but Fitzharris of his of any man so vile, to have formed out of noown accord and motion, told him, that he had thing this horrible slander ; but the wicked inknown the proceedings of the Popish Plot for tent herein is not hard to be discerned. seven or eight years, and that he could make If the king can be induced to believe it, the great and considerable discoveries, wherein his popish ends are compassed; he must needs be majesty's life was still in danger, for that the highly incensed against the sheriffs : and if he grand Plot (so he called it) was still carrying should think (as it is insinuated) that they did on. And further said, that he could discover it by consent with other Protestants, his royal considerable things about the Popish Plot, and heart must pass severe censures upon them, and Godfrey's murder, not yet discovered. Then be jealous of base designs against him. And it he desired sheriff Cornish to take his examina- any artifice can prevail upon his majesty to distion, who told him, he could not, for he was trust the loyalty' of any number of his Protestnot in the commission of the peace : then Fitz- / ant subjects, it is matter of triumph to the harris prayed him to send a justice of the peace Popish party and their adherents. to him, but sheriff Cornish forthwith applied Other wicked uses of this slander, might be himself to his majesty, and acquainted him to blunt the edge of the evidence given upon with the discourse herein related ; and there- Fitzharris's trial, about a trepanning use inupon, Monday March the 7th, the Secretaries tended to be made of the Tibel, and to make the of State and the king's Attorney, came and ex- world believe, that he was a wretched counteramined him a second time, and the next day a feit, when he desired the sheriffs, as they came third time, before sir Robert Clayton and sir severally to him (with seeming uprightness and George Treby ever saw his face, their exami- sincerity) to advise my lord Shaftsbury, and nation of him being taken on Thursday March other members of parliament from Fitzharris the 10th ; so that neither of the sheriffs, or the himself, to take heed to their pockets, for that city justices ever spake word in private with there was a design to slip treasonable papers Fitzharris until he had been fully examined at into them, and then seize them, whilst they three several times by the Secretaries of State, had them about their persons. and before them sworn to the substance of all The next business of the Mock Confession is, his printed examination.

to persuade such as will be deceived, that the We hope from these matters of fact which are coufessions he made about the Popish Plots, bere truly related, it will appear to be a wicked and Godfrey's murder, were altogether false, device in the mock confession, to insinuate and forced from him by the sheriffs.

6 I" most falsly to the world, a consultation and (saith the Paper) “ finding myself in Newgate, confederacy between the lord Howard and the tettered, moneyless, friendless, and I could see sheriffs (who never saw nor heard from his no other refuge for life, but complying with lordship in the case) to suborn Fitzharris with them" (i. e. the sheriff's) “ so to save my life I promises of rewards, mixed with threats, to did comply.” confess the Popish Plot, or to put him upon This looks something like the practice of that charging the queen, his royal highness, or any infamous Popish midwife, Mrs. Celier, who atman else, as is suggested.

tempted to cozen the world into a belief, That But the stupid folly of this false tale, if con- the Protestants, upon false accusations, cast sidered, may be alone sufficient to render it some innocent papists into Newgate, and there Worthy of no credit, in that it makes the she- tormented them in irons, and otherwise, to exriffs so void of understanding, as to have tort false confessions from them of a Popish thought a declaration from such a wretch as Fitzharris, of his belief of the Popish Plot to But the truth will be attested by many withave been of great value, and that it was worth nesses, that Fitzbarris was never fettered, or a high reward for him to have invented a put into irons, or harshly used whilst in the plausible story to confirm the Plot, after the sheriffs' custody; but on the contrary, treated villany of it hath been declared in so many with all the civility his case would peruit, and Proclamations of his majesty's, the votes of so he declared at the gallows; and thanked the four successive parliaments, and sentences of sheriff's even with his dying breath, when he death given against the Popish Plotters in all ought to have expressed just indignation against the highest judicatures of the kingdom. them, (and a dying, repentant sinner could not

Who but Dr. Hawkins could have had faith have forborn it) if he had thought (as this shain enough in such a story, to suffer his pretended confession says) that they had forced or perpenitent (as he did) to renounce before him, all suaded him to defile his conscience with so the mercies of God Almighty, if it were not many perjuries, and to blot the names of his

ghostly fathers, and whole popish party, With the like falsehood in the same para- many great persons with so many black treasons graph, the shain confession chargeth the she- and other crimes.

2 E

Plot.

truth?

and

VOL. VIII.

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 apon Fitzbar- evidence given in courts of justice, concerning ris's mind by the sheriffs, to procure his con- all the popish designs enumerated under those fession, than was upon his body:

heads and instructions ; and indeed it seems to The sheriffs jointly (as is said before) never be a crafty way, to throw dirt at all those sodiscoursed him, and neither of them took any lemn declarations made in parliament concernconfession upon oath from him, or pretended to ing the abettors of those popish and French any power so to examine him, nor had it in designs, and the adherents to them, by whose their power to reward or punish him. What countenance all their plots have been managed, soever this mock confession saith, Fitzbarris that have so endangered the king and kingdom. could not think the sheriffs a refuge to save his And though this

false poisonous tongue seems life, whom he knew not to have power to save to spit its venom directly at the sheriffs, yet it a bair of his head.

endeavours to do the greatest mischief to the There is another invention in this sham con- king and the parliament, and to defame to the fession as false and as ridiculous as any of the whole world all the late proceedings of par. former, never dreamt of by the sheriffs, nor per- liaments against the popish plotters, and their haps by any body else, save the inventors of it, favourers. till that vile paper came fortb, viz. That the The mock confession goes on further to desheriffs brought instruction from the Lords and fame (if his tongue be a slander) sir Robert Commons (as they said) who met that day in Clayton, and sir George Treby, justices of the order to address to the king in his behalf, if he peace for the city, darkly insinuating that they should confirm the instructions: which must would have induced him to say more than was be intended surely, if he should swear as they true, and plainly saying that what he deposed would have him, that is, as the mock confes- before them concerning Father Patrick, was sion explains it, to the heads, which the exa- forced out of him, and was not true ; and he mination taken by sir Robert Clayton and sir so represents sir George Treby's carriage in George Treby contains ; and a great deal more taking bis whole examination, that he would relating to the queen, his royal highness, and have the whole thought to be of no validity. the earl of Danby ; declaring French pension- But doubtless Mr. Fitzharris did not, nor ers, lords Halifax, Hyde, Člarendon, Fever could he possibly have believed himself, if he sham, Seymor and others; the burning the consented to bave it written, that sir Robert Fleet, Forts and Government in Popish hands, Clayton, and sir George Treby dealt unfairly Meal-Tub Plot, Apprentices Plot, and these with him, or forced out of him either what and many other beads Fitzharris is made to be swore concerning Father Patrick, or any say, were brought him by the sheriffs.

thing else of his confession. Surely this was contrived to persuade the He knew very well that they came to take credulous papists in foreign countries, that the his confession, not officiously, but upon his owu Lords and Commons were then sitting in par- earnest reiterated intreaty, at several times, to liament; and that the sheriffs consulted and each of the sheriffs apart, that some justices of confederated with them to suborn Fitzharris to the peace might be sent to him, to whom be he a witness of the popish plots and practices, might make a full discovery of matters not bewhich they had declared to the world ; or at fore discovered in the Grand Popish Plot, (as he least that some Lords and Commons were privy called it.) He knew also that they came not and parties to the subornation of Fitzharris by till Thursday in the afternoon, the 10th of the sheriffs, to swear as they should instruct March, and that he had been thrice examined him; and that those Lords and Commoners in- by the secretaries of state, lord Conway, sir L. tended to use their interest with his majesty for Jenkins, and the Attorney General, before sir his pardon, to make him, though false, their Robert Clayton, and sir George Treby, ever legal witness.

saw him; and he was conscious to himself, Bur as in trath there was no parliament sit- that he had first sworn before the secretaries all ting whilst Fitzharris was in the sheriffs cus- that he would now retract concerning Father tody, nor in ten days after, and the place of Patrick, as forced out of him by sir Robert their sitting is well known was to be at Oxford, Clayton, and sir George Treby, and the other and not at London ; so there were no instruc- matters also in substance, that are contained in tions for him to confirm, or swear to, either his printed examination, by sir Robert Clayton, from Lords or Commoners, none of the heads and sir George Treby, except that one passage mentioned, nor any others brought to him by in it about De Puy ; and the whole House of the sheriffs, or either of them ; no address for Commons at Oxford are witnesses herein, Thist his pardon imagined, or thought of by when sir George Treby read Fitzharris's Esainieither Lords or Commons, por mentioned by nation to the House, Mr. Secretary Jenkins dethe sheriffs or either of them; no meeting for clared, That he had before confessed the same any such intent, no discourse between the she- in substance to the lord Conway, the Attorney riffs and any man or men under the sun, about General, and himself, except that about De such an address ; every circumstance of this Puy. Yet for what reason we know not the bellish tale coming out of the forge of the fa- contrivers of this sham retractation, or declather of lies.

ration, took no care to retract or excuse his Yet it may be this was thought an hopeful swearing the same matters before the seerela

ries of state,

[graphic]

Perhaps, because those examinations were out from the consult, and the account he then Dever printed, and scarce any foreigner, nor had from De Puy, of the resolutions taken for many Englishmen did know that Fitzharris that murder. bad thrice sworn to the same confession in sub- And this was in the term, after that the parstance before the secretaries of state, which he liament at Oxford was dissolved, and above six did the fourth time before sir Robert Clayton. weeks after his most close imprisonment in the and sir George Treby.

Tower, where the city-sheriffs, or magistrates, Besides, it best answered the design of this or any from them, were never admitted to see sham confession, to conceal the first Examina- him. Indeed the counterfeit confession (to tions as much as could be, and to represent it to avoid a plain conviction of its falsbood) durst the world, as if sir Robert Clayton, and sir not say by whom Fitzharris was put upon sayGeorge Treby, had forced out of him the con- ing that he did, of the queen and earl of Danby fession of all those popish treasons mentioned in about Godfrey's murder. his printed examination, asit was reported to the But as the matters are connected, it is strongparliament. There is a trial of skill also for ly implied to have been by the city-magistrates, the same purpose in this mock confession to none other being named or referred unto. wrest sorpe of sir Rpbert Clayton's, and sir And to persuade the world, that the vilest George Treby's words from their honest sense wickedness may justly be believed of them wherein they were spoken, and to separate (viz.) the city-officers, the impudence of hell is them from their other words, properly joined assumed to bring in sir George Treby, desiring with them (as the devil used the Scripture) that or willing him to accuse the earl of Danby and they might seem to imply a wicked intent, to the Popish Lords in the Tower, thus speaking draw Fitzharris to say what was not true. (as if the worst of devils had spoke in him) do

When it was late in the night, and Fitzbarris but you say it, we have those that will swear it. complained he was tired, having been about If such as know not sir George Treby can bethree hours upon examination, and was asked lieve him to be so vile a wretch, as he is renwhat he could say concerning Godfrey's mur- dered, and could also think sir Robert Clayton der ; and he answered in general only (some- could have been guilty of the same wickedness thing.) Could any thing be replied more harm- in consenting to it, or silently conniving at it, lessly by sir Robert Clayton, than to wish him to which a thousand worlds could not have to recollect himself against the next day, when bired him : yet when they shall hear of sir it was intended to examine him further, if he George Treby's profession of the law, his rehad not been removed out of their power? Yet putation and place, surely it is impossible for Even these words of sir Robert Clayton's are them to believe him to have been so exceeding recited, as if they implied some ill practice by silly, as to discover to an Irish Papist, whom him upon the examinant, or at least sonre si- he had never seen before, such a strange mysnister intent of his in that matter.

tery and secret of darkness amongst the ProThe sham confession further craftily insi- testants, and city-magistrates, viz. That they Ruates (though it doth not expressly say it), had a pack of knights of the post, godless perthat this wretched man's depositions about the jurous wretches, in readiness to swear whatcounsels held at St. James's and Windsor con soever they would have them. cerning 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 it that he was put upon wbat he said against the there had been a wicked design against them, queen and the earl of Danhy 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 á 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 mur- Surely it had been the wiser, the safer, and der was done by the practices, force and in the shorter way for sir George Treby, to ducements of the city sheriffs and the justices have given his swearers (if there had been such) of the peace.

their lessons immediately, without desiring Whereas it is most notoriously known, that Fitzharris (as is vainly suggested) first to say it was upon Fitzharris's own motion to the it over after him, that then the witnesses might judges of the King's-bench, that his depositions swear it. were taken before that court, about Godfrey's Neither the false suggestions nor the perjumurder, and that then, and not before, he slis-ries could have gained any weightor credit trom 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 In fine, they must desire to be cozened, that words be beard from the earl of Danby coming will but seem to believe so black, so vain, so

oath.

unlikely, and so foolish a slander of sir Robert sion of a dying man should be cried up by the Clayton and sir George Treby, only upon Dr. papists, at home and in foreign countries, as a Hawkins's saying, (if he hath said true) that ground to have it so believed. he had the words of Fitzharris for it; who We have reason to fear, that the sufferings hath convicted himself of forty perjuries, if the of the Protestants beyond the seas, are upon pretended confession to Dr. Ilawkins had been this occasion already encreased, our English bona fide made by him.

papists there daily decrying the popish Plot, But this pretended confession having loaded and catching at occasions to scandalize all Prowith infamy the sheriffs and justices of peace testants in authority that oppose them, and to employed in Fitzbarris's examination, takes stir upenmity and rage thereby against the opwonderful care with all the art and skill the pressed Protestants. contrivers had, that the earl of Danby might be We must acknowledge that we were surwiped clean from Golfrey's murder, for which prived with astonishment, when we first san he was indicted by the occasion of Fitzharris's this mock-confession of Fitzharris published ;

and the more, that it should be done by a Doctor For that purpose the words of this confession of the English church, either Fr. Hawkins, or are so framed, that the world may think, that Hawkesworth, (which name he will own, we the sheriffs or justices of the city, were the cannot yet learn) but that a Doctor of our church practisers with him in that deposition, the paper should, upon pretence of his private conference saying, " They were the more desirous to ac- with a papist, attainted of treason, publish in cise the lord Danby of Godfrey's murder, be print to the whole world for truth, that two cause the crime of murder is not inserted in his justices of the peace, and two ministers of juspardon.”

tice, high-sheriffs of the city of London, have The word “they” will be understood to re- combined with certain Lords and Commons of late to sir Robert Clayton and sir George 'Treby, the Parliament, in a horrid conspiracy against who only were mentioned before, or the she- the queen, duke of York, and many privyriffs, though Fitzharris was never examined counsellors, and in wicked practices against about the lord Danby by any of them, nor had the papistst, and endeavoured to prevail with any of them ever heard the least of the matters Fitzbarris to perjure himself, by forming a sworn by him against the lord Danby, about plausible story to confirm the popish Plot. that murder, until they were public at the We say again, That a Doctor of our church King's-bench-bar, which was six weeks after should cause to be sent into all kingdoms and Fitzharris's removal from the sheriffs custody countries such black scandals of so znany persons to be close prisoner in the Tower,

of quality and authority in our kingdom, to renAnd if he knew before his oath against the der them (as much as in him is) more infamous lord Danby, that murder was not in his pardon and ddious, 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 Pkst, alısolutely retract the whole most solemn daths, sworn before the king's mievidence given by Fitzhuris at the King's. nisters, as well as before those justices; and bench court; whereas those parts of it are now that all the Commons of England in parlialeft as true, that deposed the councils held ment, had by order caused what he had so at St. Janies's and I musor, and that the lord sworn to be published : And the doctor could Danby coming out of one of them, breathed not be ignorant, that the whole scope of that out the threatening words (as Fitzbarris reinein- mock confession, was to throw the odium of a bers) and that De Puy, that was then in hear plot against the king's person upon some Proing of the council, presently told him, that restants, and to discredit and prevent the proseGodfrey's murder was then resolved upon, &c. cution of the popish Plot. but a fine, thin excuse is invented since his oath The doctor also might with very little pains that he believes De Puy spoke out of ill-will have satisfied himself by undoubtedl evidence of to the lord Danby. Yet notl.ing is said to shev, the falshood of several of the matters of fact how he now comes so to beliere, more than in the contession; and surely his function as a when he was sworn in the court to speak the divine, his duty as a neighbour, and much whole truth, and nothing but the truth. 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 eyery 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 could have suffered with patience, that'all the such infamous crimes : He cannot excuse bimpopish treasons and wickednesses lately dico- selt 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 least before Fitzharris's death: And we have the devices and practices of the Protestants, reason to think, that the miserable deluded man their officers and magistrates against the pa- understood many things in it, as they pist, and that a seeming conscientious contes modelled, as litúe as he did the doctrine of the

were

four general councils, which he owned for his Dr. Hawkins, or Hawksworth, knew that Fitzfaith, whosoever put it upon him.

harris never intended it should pass for a true But the doctor took care that none of the and real confession, if he died for the treason. parties accused might see the arrows intended And perhaps for that reason there was no one to wound them, till their good names should person of quality or authority about the Tower, feel them, and therefore kept his confession in or any other of eminency and integrity called secret until the poor wretch was dead and cold, in all the days of its contrivance, before whom that would perhaps bave sbewed the fraud with Fitzharris might own any article of the confeshis last breath, it' he had been absolutely cer- sion, though doubtless if there had been only tain that it was to be bis last; but that the doc- fair dealing, the doctor must needs have detor assured bim of the contrary even very near sired it for bis own safety and credit, nor is it his last hours, in due time will be proved. accountable why it was done ; it may be also

The sheriffs at the gallows remembered Fitz- those two obscure men, and the woman, whose harris of his promise made to each of them in names are set to the printed paper as witnesses, Newgate, “ That if they did put him to death, knew no more what the confession and declabefore he could discover to the parliament what ration was, which Fitzharris protested to them was yet undiscovered of the Popish Plot, which he had made to Dr. Hawkins freely, than the he said he reserved for them, he would leave it sheriff's knew what the further discovery was of behind him in writing.” He answered them, the popish plot, which he also told them with That he had left it with Dr. Hawkins.

his dying breath, he had left with Dr. HawThesberiffs demanded of the doctor that it kins, no shadow of any such discovery baving might be read to the people, whilst the man was yet been produced by him ; but on the conliving to own it; bat the doctor only refused it, trary this odious sham confession to persvade not the man, (how he was awed we know not), the world, that the noise of popish Plots hath then the sheriffs demanded a copy of it from been from the wicked practices of some Protesthe doctor as their due, as what belonged to tants. Fitzharris ; but after some shuffling answers We have only left to pray, That the God of that he had it not about him, and that a great truth may bring to light all the hidden works of man had it

, he promised them a copy; but darkness, that no wicked device formed against either he thought he was not bound by his pro- the Protestant religion, his majesty and the mise, or else he made no conscience of break- kingdom, may ever prosper; and let every good ing the bond.

man say, Amen. We doubt not but time will bring to light the whole contrivance of obtruding upon the world Here followed the Paper printed in the text, this mock-confession, and make it appear that 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 nationr, but to King William the Third, published, more especially Ship-Money ; which at first “ REMARKS on the Trials of Edw. Firz- increased, according as it was found the nation

was light and easy, but in progress of time was HARRIS, STEPHEN COLLEDGE, Count Co

would bear it. And at length it was feared, as "NINGSMARK, the Lord Russel, Colonel “ SIDNEY, HENRY CORNISH, and Charles become as burthensome as what is now imposed

there was just reason so to do, that it would « BATEMAN; as also on the Earl of Shafts“ bury's Grand Jury, Wilmer's Homine on the French nation by the French king'; and “ Replegiando, and the Award of Execu- yet, when the war broke out, if the history of “tion against Sir Thomas Armstrong :" | times, are to be believed, the majority of the na

those times, or the persons who lived about those with the following Introduction :

tion took part with the king

There were THE strange Revolution which bath of late therefore some other reasons for the disaffechappened in our nation, naturally leads one tion of the nation to the late government, and into the consideration of the causes of it. The they may be ranked under these six heads : danger of subverting the established religion, Exorbitant Fines ; cruel and illegal Proseand invading property, alone could not be the cutions; outrageous Damages; seizing the causes. For if it be true, that the same causes Charters; dispensing with the Test and Penal have generally the same effect; it is plain, thạt Laws; and undue Prosecutions in criminal, in the reign of a precedent monarch, the suh- but more especially in capital matters. version of the established religion was as much For the First, I shall only observe, that designed, or at least was believed to be so, as when the House of Commons, in the parlia+ of late; and it is not material whether what ment 1080, took that matter into consideration, was suspected was true, or not; and property and intended to impeach several persons for the was as much invaded as of late, by imposing same, the highest Fine, at that time complained

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