278. The Trial* of Dr. OLIVER PLUNKET,† Titular Primate of Ireland, at the King's-Bench, for High Treason: 33 CHARLES II. A. D. 1681. THE 3rd of May, 1681, in Easter, 33 Car. I Dr. Oliver Plunket was arraigned at the King's Bench bar for high-treason, for endeavouring and compassing the king's death, and to levy war in Ireland, and to alter the true 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 trial, 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 King's-Bench, or by Commission of Oyer and Terminer in any part of England, for facts arising in Ireland; and that this arraignment there (he being never tried upon it) was not sufficient to exempt him from being tried here; because till a trial be passed, and there be a conviction or acquittal thereupon, an arraignment, barely, is no plea: for in such cases the party is 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 be pleaded Not Guilty, and put himself upon the deration had about time to be allowed him to bring his witnesses from Ireland, the court appointed the day for his trial, to be the first Wednesday in next term, which was full five weeks time. Cl. of Cr. Oliver Plunket, hold up thy hand, those good men which thou shalt hear, called, and personally appear, are to pass be 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 counselor at law, that I could not be tried here; and the reasons they gave me were, that first the statute of Henry 8, and all other statutes made here were not re I do appoint Francis Tyton and Thomas Basset to print the Trials of Edward Fitz-country for bis trial. And after some consi• Harris and Oliver Plunket, and that no others 'presume to print the same. F. PEMBERTON.' "Plunket, the Popish Primate of Armagh, was at this time brought to his trial. Some lewd Irish priests, and others of that nation, hearing that England was at that time disposed And accordingly on Wednesday the 8th of to hearken to good swearers, thought them-June, in Trinity-Term, he was brought to his selves well qualified for the employment: so trial; and proclamation, as in such cases s they came over to swear, that there was a usual, being made, it proceeded thus: great plot in Ireland, to bring over a French army, and to massacre all the English. The witnesses were brutal and profligate men: yet the earl of Shaftsbury cherished them much :tween, &c. they were examined by the parliament at Westminster: and what they said was believed. Upon that encouragement it was reckoned that we should have witnesses come over in whole companies. Lord Essex told me, that this Plunket was a wise and sober man, who was always in a different interest from the two Talbots; the one of these being the titular archbishop of Dublin, and the other raised after-ceived in Ireland, unless they were an express wards to be duke of Tirconnell. These were mention made of Ireland in them: so that none meddling and factious men; whereas Plunket were received there but such as were before was for their living quietly, and in due sub- Poyning's act. So I came with that persua mission to the government, without engaging sion that I could not be tried here, till at my into intrigues of state. Some of these priests arraignment your lordships told me it was not had been censured by him for their lewdness: so, and that I must be tried here, though there and they drew others to swear as they directed was no express mention made of Ireland. Now, them. They had appeared the winter before my lord, upon that, whereas my witnesses upon a bill offered to the grand jury: but as were in Ireland, and I knew nothing of it, and the foreman of the jury, who was a zealous the Records upon which I very much rely Protestant, told me, they contradicted one ano- were in Ireland, your lordship was pleased to ther so evidently, that they would not find the give me time from the 4th of the last month to bill. But now they laid their story better to- this day; and in the mean time, as your lordgether; and swore against Plunket, that he ship had the affidavit here yesterday, and as had got a great bank of money to be prepared, captain Richardson can testify, I have not disand that he had an army listed, and was in a patched only one, but two to Ireland, into the correspondence with France to bring over a counties of Armagh, Dublin, &c. and where fleet from thence. He had nothing to say in there were records very material to my dehis own defence, but to deny all so he was fence; but the clerk of the crown would not condemned; and suffered very decently, ex-give me any copy of any record at all, unless pressing himself in many particulars as became a bishop. He died denying every thing that had been sworn against him." Burnet, 502. : * See the Case of Whitebread and others in this Collection, vol. 7, pp. 79, 311. 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 those that accuse me were convicted of high crimes, and others were out-lawed 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 Holy-Head, and from Holy-Head in going to Dublin they were 13 or 14 days, the winds were so contrary; and then my servant went about to go into the county of Armagh and Derry, that were 100 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 Catholics, and they had heard that here some were taken prisoners that were Roman Catholics, 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. (sir Francis Pemberton). It was the affidavit that was read here yesterday. Plunket. So that, my lord, Lconceive your lordship will think I did it not out of any intent to put off my trial; 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 lordship's 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 lordship's favour, the case is rare, and scarcely 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 myself upon my trial 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 catholic should be upon the jury, and so it was in both the grand and other jury; yet then when I came to my trial, 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 VOL. VIII. 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 conceit of bard measure and injustice; yet if I have not full time to bring my records and witnesses all together, I cannot make my defence. Some where 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 defy all that is upon the earth, and under the earth, to say any thing against me. L. C. J. Look you, Mr. Plunket, it is 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 and felony, it is not usual to give such time; it is rare that any man hath had such time as you have had," five weeks time to provide your witnesses: If your witnesses are so cautious, 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 yourself: 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; there are persons that understand_so mnch, and we will direct them so much. You shall have as fair a trial 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 trial. We heard your affidavit yesterday, and we did then tell the gentleman 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. Plunket. My lord, I desire only to have the favour of some time, some time this term. L. C. J. We can't do it. Cl. of Cr. Swear sir John Roberts. Plunket. I humbly present this to your lordship, I am then in imminent danger of my life, if I cannot get ten days to have my witnesses over: I desire I may have but to the 21st 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. Plunket. I desire but a few days. Clerk. Sir John Roberts, take the book, look upon the prisoner: You shall well and truly try, &c. Plunket. My lord, I desire to know, whe2 G ther 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 Ashhurst, Ralph Bucknall, Richard Gowre, Richard Pagett, Thomas Earshy, John Hayne, Thomas Hodgkins, James Partherich, Samuel Baker, William Hardy. Cl. of Cr. Oliver Plunket, hold up your hand. You of the jury look upon the prisoner, and hearken to his charge. the said Oliver Plunket, the said first day of December, in the abovesaid two and thirtieth 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, subtlely, and traiterously did conthat now is, to death and final destruction to sult and agree our said sovereign lord the king, bring, and from his crown and government aforesaid to depose and deprive, and the reli"He stands indicted by the name of Oliver gion of the Romish church into the kingdom Plunket, late of Westminster, in the county of of Ireland aforesaid, to introduce and establish. Middlesex, doctor in divinity, for that he is a And the sooner to fulfil and perfect his said false traitor against the most illustrious and most wicked treasons, and traiterous imaginamost excellent prince oursovereign lord Charles tions and purposes, he the said Oliver Plunket, 2, by the grace of God, of England, Scotland, with divers other false traitors unknown, then France, and Ireland, king, and his natural lord, and there advisedly, maliciously, and traiter. the fear of God in his heart not having, nor ously, did further consult and agree to contriweighing the duty of his allegiance, but being bute, pay, and expend divers great sums of moved and seduced by the instigation of the money to divers subjects of our said sovereign devil, the cordial love, and true and due natural lord the king, and other persons unknown, to obedience, which true and faithful subjects of procure them the said persons unknown, our our said sovereign lord the king, towards him said sovereign lord the king, that now is, trai our said sovereign lord the king do and of right terously to kill, and the Romish religion into ought to bear, utterly withdrawing, and con- the said kingdom of Ireland, to introduce and triving, and with all his might intending the establish. And that he the said Oliver Plunket, peace and common tranquillity within the king- and other traitors unknown, afterwards, to wit, dom of Ireland, as also of this kingdom of Eng- the said first day of December, in the two and land, to disturb, and war and rebellion against thirtieth year of the reign of our said sovereign our said sovereign lord the king in the kingdom lord the king abovesaid, at Dublin aforesaid, in of Ireland, then being the dominion of our said the kingdom of Ireland aforesaid, within the sovereign lord the king, in parts beyond the dominion of our said sovereign lord the king, seas, to stir up and move, and the government with force and arms, &c. unlawfully, maliciousof our said sovereign lord the king there to sub-ly, devilishly, and traiterously did receive, colvert; and our said sovereign lord the king from his regal power and 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 sove-made and provided." reign lord Charles the Second now king of Engar. &c. the two and thirtieth, and divers other days and times, as well before as after, at Dublin in the kingdom of Ireland, in parts beyond Mr. Heath. May it please your lordship, the seas, with divers other false traitors un- and you gentlemen of the jury, this is an inknown, traiterously did compass, imagine, and dictment of high treason against Dr. Oliver intend the killing, death, and final destruction Plunket, the prisoner at the bar; and it sets of our said sovereign lord the king, and the an- forth, That the two and thirtieth year of the cient government of his said kingdom of Ire-king, at Dublin in the kingdom of Ireland, he land aforesaid to change, alter, and wholly to did compass and imagine the death of the king, subvert; and him our said sovereign lord the and to deprive the king of his kingdom of Ireking, that now is, from the crown and govern- land, and to raise war to extirpate the Protestment of his kingdom of Ireland aforesaid to de- ant religion in the kingdom of Ireland, and to pose and deprive, and the true Protestant re-establish the Romish religion there. And it ligion to extirpate, and war and rebellion against the said sovereign lord the king there to move and levy. And to fulfil and accomplish his said most wicked treasons, and traiterous compass ginations, and purposes aforesaid, he lect, pay, and expend divers great sums of mo ney to divers persons unknown, to persuade and induce divers other persons also unknown, the said false traitors in their said treasons to help and maintain, 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 To this Indictment he hath pleaded, Not Guilty. 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 else where, and at these several meetings did con sult 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 defendant did raise great suras of money in the kingdom of Ireland, and did get several persons to contribute several sums for these treasons, and that the defendant with others did disburse several sums of money 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 indietment the defendant hath pleaded, Not Guilty. If we prove these things, you are to find him Guilty. 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, and 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 money 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 virtue 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 it is. Attorney General. (Sir Robert Sawyer.) 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 conferred upon him upon a contract, that he should raise 60,000 men in IreJand, 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. As soon 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, and 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 money; in all parts great sums were levied, and when they were levied, we shall give you an account 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 employed, and monies issued out from time to time for their maintenance. This will be the course of our evidence; and we will 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.) Sol. Gen. Are you sworn, Sir? 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 1665 and 1666, but it was brought to full maturity in the year 1667. For then col. Miles Rely and col. Bourne were 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 40,000 men with a commission, upon St. Lewis's day in August next following to land at Callingford, to destroy all the true subjects, to destroy the religion as it was established there, and to set up the French king's authority and the Roman Catholic Religion. And one Edmund 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 fired the town; the inhabitants fled into the castle: then they came up to the gaol, thinking to break it open, and by setting the prisoners free, to join them with them; but then Angle was shot, received a deartly wound, and dropt off of his horse, and they fled. So then when they were without the town, one Charles Mac-Canal 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. Rely fled away again to France, and the Plot lay under a cloud during the life of primate Raley the prisoner's predecessor. This primate Raley died beyond sea. Then many of the popish religion would have had the primacy 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, it is better as it is; for Duffy hath not the wit to do those things that I have undertaken 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. 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 Raley; he set this business on foot first. L, C. J. About what? Wyer. About calling the rebels together out L. C. J. When died he? Wyer. He died a little while afterwards. L. C. J. Then Duffy would have it conferred upon him? Wyer. Yes, after Raley's 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.. 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 pri soner made answer, it is 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 farther than those words: but I did conceive this was his meaning; because I knew partly of it myself, 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 inferiors to collect such several sums of money 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 money collected; and I have seen his warrant, sub pœna sus'pensionis,' 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. Nine years, eight years, seven years 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 money 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 surprise Ireland. This one of the rebels told me. So I have seen the prisoner's letter directed to the grand Tory Flemming, desiring that they should go to France, and he would see them, in spite of all L. C. J. How do you know this? their enemies in Ireland, safe ashore: and Wyer. I know this, because I had an ac-Flemming should return again a colonel to his count of it from certain school-fellows that own glory, and the good of his country. 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 ⚫ countrymen, 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 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 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 impor portuned me, that I could hardly withstand him; but I did not yield to his desive. He told me, it was to improve me for my good, to improve myself in military discipline; and then I should return for Ireland a captain |