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Dublin to discover it that very time, and so he | I had such records, and witnesses here, I could hath fixed the person, and time, and the business make my defence, that is, if he had those they came about. Then Mac Legh comes and things that he has not, he might appear to be tells you the same thing in every circumstance; another man than he is ; but I am sure, as it ay, but says the prisoner at the bar, and would appears upon the evidence that hath been make it to be a great objection, how chance that given by all the witnesses, there is a plain they have concealed this all the while, and not proof, and a full proof of every treason laid discovered it to some justice of the peace? Why, to his charge. says one, I was under your jurisdictiction in Plunket. My lord, I desire these witnesses that place, that is the very reason he gives may be called Čgiving in a Paper.] wherefore he durst not; avd, says another, I Cryer. David
Fitzgerard, Eustace Commines was concerned and as earnest as the prisoner or and Paul Gormar. any body else, but going into France, I ob- L. C. J. Who gave him this paper? He had served the slavery that all the subjects were it not before. under, under the tyranny of that king, and Stranger. I was told that these were good apprehending tbat the same king was to come evidences for Dr. Plunket, and I gave him the into Ireland by the means of these gentlemen, names. I was concerned at it, and had rather the devil L. C. J. Wbere are they? should reign over us than such an one, and Stranger. They are hard by. therefore I will discover it. And he said very Att. Gen. Where is Eustace Commines ? well, I think, that he had rather have the devil For he was one that gave in evidence against to reign ; for it seems to be him, or one in his the prisoner. shape that reigns after that manner. And there
Then Paul Gormar appeared. are two persons that swear to the very year that they were obliged to raise the money, and L. C. J. What would you ask him? swear positively, they saw his orders, Sub pana Plunket. I desire to know of him, whether suspension.is, I do not know whether they meant Mr. Moyer did allure and entice bim to swear hanged or suspended from their office. But it against me. seems it was so terrible, that it made them pay Gormar. Indeed, my lord, he never did. twenty shillings a-piece for three years succes- L.C. J. Will you ask him any more? sively. And there is another gentleman that Gormar. But this, my lord, Mr. Moyer and tells you, that out of a small living, wherein he I were in discourse, and he said if there was was concerned only as a curate to a third per- law to be had in Ireland, he would shew Mr. son, it had been paid two or three times, and Plunket his share in it. another, though he was exempt himself from L. C. J. Well what of that ? the payment, yet so great a confident was he Gormar. My lord, I did come out of Ireland of the prisoner's at the bar, that he was present to reveal what plots the Irish had against the when he saw thirty or forty pay this tax, and king, and as for this Mr. Plunket, as I have a whereas the prisoner at the bar would make it soul to save, I never heard of any misdemeanor thought a strange thing, that he should raise so of him. much money, who had but an house seven Just. Dolben. How came you here to day ? foot high, it seems there is above that thatched Gormar. I was summoned. house a chapel.
Just. Dolben. By whom? Was it the Attor. Plunket. There is no chapel.
ney General or Plunket that summoned you? Serj. Jefferies. But now, my lord, that which Gormar. Here is the summons. substantially proves what these witnesses say, Serj. Jefferies. It is a common Subpæna. is the letter that is sent to Rome to the secretary Plunket. I never sent for him. of the college de propaganda fide, which is the Gormer. It was not against you, they knew last letter that the last gentleman speaks of
, I had nothing against you, I thought you did wherein he does particularly take notice, that more good in Ireland than hurt; so I dehe had taken care to raise such monies, and clareit.
w all the ports and places of strength. And L C. J. Hare you any more witnesses ? If
lord, that which is a very great circum- Fitzgerard or Commines will come, we will nce to back the evidence of the first letter to hear them.
French cardinal Bouillon, which was taken Plunket. My lord, I have not any more witcice of by the first witness, and there is such nesses. pesage in this teo, that the catholie princes L. C. J. Look you, gentlemen of the jury;
hould not spill one another's blood, when they this gentleman here, Mr. Plunket, is indicted might better employ it here in Ireland for the of High-treason, and it is for conspiring the propagation of the faith; this last letter takes king's
death, and endeavouring to bring the particular notice of this rery instance too, that French army into Ireland for to invade that instead of drawing their swords against one kingdom, and to plart the Romish religion in Iuer, they had better come to promote the thai kingdom. You have had evidence against
faith in Ireland. These foar witnesses him that hath been fully examined. And these
anctual and precise in every particular things do seem to be very plain by the witnesses, circumstance of the case, and against them that he himself hath taken a commission, or a chere is nothing but the common objection; I grant, or what you will please to call it, froun
the pope to be primate of Ireland, that he hath | to convince them evidently, and slew what taken opon him to make laws as the provincial, men they were, and the prepensed malice that and that he hath undertaken and endeavoured they did bear to me, and so finding tint I could to settle the popish religion in that kingdom, clear myself evidently, they absented themand in order to that, he hath invited the aid of selves, on the day of my trial no Christian apthe French army, and that he hath for the bet- peared, but hither over they came, and proter landing of them, looked out what places cured that I should be brought hithe:, where I were most convenient for them ; That he could not have a jury that knew the qualities hath set a tax upon the clergy within his pro- of my adversaries, or who knew me, or the vince for the facilitating of all this, and for the circumstance of the places, times, and persons ; making preparations for the entertainment of the juries here, as I say, were altogether this army. This the witnesses testify against strangers to these affairs, and so, my lord, they him, and that there were some towns, as Dun- could not know many things that conduce to a Gannon and another town, that were to be be- fair trial, and it was morally impossible they trayed by the French. Now you must consi- should know it. I have been accused princider concerning these witnesses ; If you be- pally and chiefly for surveying the ports, for lieve the evidence that hath been given, and fixing upon Carlingford for the landing of the which hath been repeated by the king's coun- French, for the having of 70,000 men ready cil, and if you believe that he did design to join with the French, for collecting money to bring in a French army, to establish the for the agents in this matter, for assisting of Romish religion there again, and that he took the French and this great Utopian army. A upon him to raise money for that purpose, sur- jury in Ireland consisting of men that lived in veyed the ports, and made such provisions, as that country, or any man in the world that the witnesses speak of and was in that conspi- hath but seen Ireland in a map, would easily racy; you must find him guilty. I leave it to see there was no probability that that should you, it is a pretty strong evidence, he does not be a place fit for the French to lavd in, though say any thing to it, but that his witnesses are not be never was in Ireland, yet by the map,
would see they must come between the narrow · Plunket. I can say nothing to it, but give seas, all along to Ulster, and the rocks, and my own protestation, that there is not one word such places would make it very dangerous ; of this said against me is true, but all plain ro- and by their own confession it was a poor mance. I never had any communication with town, and of no strength, a very small garrison, any French minister, cardinal, nor other. which had not been so, if it had been a place of
consideration. And where I had influence Then the jury withdrew for a quarter of an only upon one province, as is well known, bour, and being returneal, gave this verdict.
though I had the title of Primate of all Ires . Cl of Cr. Oliver Plunket, hold up thy hand. land, as the archbishop of Canterbury hatb of How say you, is he Guilty of the high-treason all England ; yet the archbishop of 'York did #hereof he stands indicted, er Not Guilty ? not permit hiva to meddle with bis province ; Foreman. Guilty.
and it is well known by the gentry there, and Plunket. Deo gratia, God be thanked. those that are accustomed to the place, that in Then the verdict was recorded, and the and children of the Roman Catholics, they
all the province of Ulster, take men, women, Court rose. And the Keeper went away with could not make up 70,000. This, a jury there, his prisoner.
my lord, had known very well, and therefore On Wednesday, 15 June, 1681, Oliver the laws of England, which are very favourPlunket was brought to the bar to receive his able to the prisoner, have provided that there Judgment.
should be a jury of the place where the fact Alt. Gen. My lord, I pray your judgment was committed, as sir Thomas Gascoigne, as I against the prisoner Oliver Plunket.
have heard, had a Yorkshire jury, though he Cl. of Cr. Oliver Plunket, hold up thy was tried at London. And then after my coming hand; thou hast been indicted of high-treason, here, I was kept close prisoner for six months, thou hast been thereupon arraigned, thou hast not any Christian was permitted to come to me, thereonto pleaded Not Guilty, and for thy trial nor did I know any thing, how things stood in hast put thyself upon God and the country, the world. I was brought here the third of which country hath found thee Guilty ; what May, to be arraigned, and I did petition your hast thou to say, for thyself, wly judgment of lordship to have some time for my trial, and I death should not pass upon thee, and execution would have it put off till Michaelinas, but your be thereapon awarded according to the law. lordships did not think fit to grant so long, but
Plunket. My lord, may it please your lord- only till the eighth of this month, when my ship, I have something to say, wbich if your witnesses who were ready at the sea-side, lordship will consider seriously, may occasion would not come over without passes, and í the Court's commiseration and mercy. I have, could not get over the records without an my lord, for this fact been arraigned in Ireland, order from hence; which records would have and brought to my trial there. At the day of shewn that some of the witnesses were indicted my trial all the witnesses voluntarily absented and found Guilty of high crimes, some were themselves, seeing I had records and witnesses imprisoned for robberies, and some of the wite
nesses were infamous people ; so I petitioned Plunket. I have nothing further to say, but the 8th of this month, that I might have time what I have said. but for 12 days more: but your lordsbip
Then Proclamation was made for silence, thought, when the motion was made, that it while judgment was passing upon the priwas only by put off my trial, and now my nesses are come to Coventry yesterday morning, and they will be here in a few days, and so L. C. J. Look you, Mr. Plunket, you have for want of time to defend myself in, I was ex- been here indicted of a very great and beinous posed to my adversaries, who were some of my crime, the greatest and most heinous of all own clergy, whom for their debauched lives I crimes, and that is, high-treason ; and truly have corrected, as is well known there. I will your's is treason of the highest nature, it is a not deny myself
, but that as long as there was treason in truth against God and your king, any toleration and connivance, I did execute and the country where you lived. You have the function of a bishop, and that by the 2nd done as much as you could to dishonour God of Elizabeth is only a premunire, and no trea- in this case; for the bottom of your treason son. So that, my lord, I was exposed defence- was, your setting up your false religion, than less to my enemies, whereas now my witnesses which there is not any thing more displeasing are come on, that could make all appear. Ito God, or more pernicious to mankind in the did beg for 12 days time, whereby you might world. A religion that is ten times worse than have seen as plain as the sun, what those wit- all the heathenish saperstitions; the most disnesses are, that began the story, and say these honourable and derogatory to God and his things against me. And, my lord, for those glory, of all religions or pretended religious depositions of the 70,000 men, and the monies whatsoever, for it undertakes to dispense with that are collected of the clergy in Ireland, they God's laws, and to pardon the breach of them. cannot be true; for they are a poor clergy So that certainly a greater crime there cannot that have no revenue nor land; they live as be committed against God, than for a man to the Presbyterians do here, there is not a priest endeavour the propagation of that religion ; in all Ireland, that hath certainly or uncer- but you to effect this, have designed the death tainly above threescore pounds a year, and that of our lawful prince and king : and then your I should collect of them 40s. a-piece, for the design of blood in the kingdom where you raising of an army, or for the landing of the lived, to set all together by the ears, to destroy French at Carlingford ; if it had been brought poor innocent people, to prostitute their lives before a jury in Ireland, it would have been and liberties, and all that is dear to them, to thought a mere romance. If they had ac- the tyranny of Rome and France; and that cused me of a Premunire for the exercise of by introducing a French army. What greater my episcopal function, perhaps they had said evil can be designed by any man? | mensomething that might have been believed ; but tion these things because they have all been my lord, as I am a dying man, and hope for fully proved against you; and that you may salvation by my Lord and Saviour, I am not take notice, and repent of them, and make guilty of one point of treason they have swore your peace with God, by a particular applicaagainst me, no more than the child that was tion for mercy for all these faults; for it seems born but yesterday. I have an attestation un- to me, that against God, your prince, and felder my lord of Essex's hand concerning my low-subjerts, you bave behaved yourself very good behaviour in Ireland, and not only from ill, desiyning very great eril to all these ; and him, but from my ford Berkley, who was also now it hath pleased God to bring you to julggovernor there, which the king's attorney saw; ment. but here I was brought, here I was tried, and I must tell you, peradventure, what you not inving time to bring my witnesses, I could urge for yourself might introduce pity, it it not prove my innocency, as otherwise I might were to be believed; that is, that you are inSo that if there be any case in the world that nocent, and had witnesses to prove it; but we deserves compassion, sure my case does: and cannot suppose any man innocent, that hath is such a rare case, as I believe you will not had a legal and fair trial, and a trial with as 1 two of them in print, that one arraigned much candor to you, as your case could bear, reland, should be tried here afterwards for or as perhaps any man in such a case ever same fact. My lord, if there be any thing had. 'You had ume upon your request to send he world that deserves pity, this does; for for your
witnesses, to help you in your defence, can say, as I hope for mercy, I was never and to have proved your innocence, if you guilty of any one point they have swore against could have done it; tíme long enough to your me, and if my petition for time had been grant- own content, you yourself thought it so, at ed, I could have shewn how all was prepense the time it was given. To give a prisoner unmalice against me, and have produced all cir- der your circumstances, five or six weeks time cumstances that could make out the innocency to send for witnesses, is not usual ; we could of a person. But not having had time enougli, have put yoy upon a present defence, and hur: being tried, I am at your mercy.
ried you out of the world
by a sudden trial, if C. J. Well, you have nothing further to we had had any design against you; but we
in bar of judgment, you have said "all you go on in a fair way, and with legal proceedCan?
ings, and with as much respect to you, as in
you urge, that
ruch a case could be used, for we gave you | years, and they were renegadoes from our reli. all the fair hearing and liberty that you desired gion, and declared apostates. so have.
L.C. J. Look you, Sir, they gave an evi. Look you, as to what
very home to your matter ; you had li. trial was in this kingdom, whereas your of- berty to examine them, and they gave you a fence was in another, that is a thing that does rational account of any thing you asked.' Let not become you by any means to object; for me but put you in mind of one thing. You you have had a trial here by honest persons, made exceptions to one's evidence, (and indeed and that according to the laws which obtain in that was very much of your exceptions to all) this kingdom, and that 10 of Ireland, which is why he did not reveal this in all that time : by a Statute not made on purpose to bring you Truly he told you he was of your mind, till he into a snare, but an ancient Statute, and not went into France, and saw what slavery and without precedents of its having been put in mischief you endeavoured to introduce upon execution before your time: for your own his and your own countrymen, and this his country will afford you several precedents in spirit rose against, to see what a condition this case, as O'Rurke, and several others that Ireland was like to be brought into. And pray, have been arraigned and condemned for treason did he not give you a full answer to that questo done there. So that you have no reason to tion? except against the legality of your trial. You Plunket. I had sufficient witnesses to prove wy, now you have witnesses that could prove he was an apostate, and was chastised by me, all this matter; why that lies in the mouth of and therefore had prepensed malice against any man that is condemned to say ; but pray consider with yourself, what regard onght to L. C. J. Therefore I have spoken this to the be given to this. We cannot help it, it your satisfaction, I hope, of yourself, and all that witnesses do not come; you may remember hear it. I do now wish you to consider, you they wanted not time nor opportunity to come are near your end. It seems you have lived in over ; but you told us they would not come a false religion hitherto ; it is not too late at unless they had a passport.
any time to repent, I wish you may have the Plunkei. My lord, they got a pass to come grace to do so : In the mean time there is no over afterwards, and so in eight days they room for us here to grant you any kind of came hither.
mercy, though I'll tell you, we are inclined to L.C. J. You might have provided yourself, pity all malefactors : Whoever have done evil, if they wanted such a thing. In the first we are inclined to pity them, and wish bear. place, no body is bound to give it them, much tily that they may repent, as we do that you less could you expect it for them without may, of what you have done. But all we can Asking.
do now, is to say wbat the law says, and that Plunket. I could not get the copies of the is to pass judgment upon you. records neither by any means, unless I bad an Plunket. May it please your lordship to give order from the council, and they would not me leave to speak one word. If I were a man give that order, unless your lordship appoint- that had no care of my conscience in this mated it.
ter, and did not think of God Almighty, or conL. C. J. We cannot tell that, you should science, or heaven, or hell, I might have saved hare petitioned in time.
my life ; for I was offered it by divers people Plunket. How could any one foresee, un here, so I would but confess my own guilt, and less he was God Almighty, that they would accuse others. But, my lord, I had rather die deny it, or that he could not get out a copy of ten thousand deaths; than wrongfully accuse • record, paying for it, without a petition. any body. And the time will come when your All the friends I had, told me, upon motion lordship will see what these witnesses are, that there it might be had ; but here I have.it un- have come in against me.
I do assure your der the lieutenant's and council's hands, that lordship, if I were a man that had not good they woull give no copy of records without principles, I might easily have saved my life ; order from hence, which before I could know but I had rather die ten thousand deaths, than it, it was impossible for me to have them ready wrongfully to take away one farthing of any against my trial.
man's goods, one day of his liberty, or one L. C. J. Look you, Sir, I do speak this to minute of his life. you, to shew you that those objections, which L. C. J. I am sorry to see you persist in the you seem to make against your trial, have no principles of that religion. weight at all; but in this case it is not the jury Plunket. They are those principles, that that are so material as the witnesses them- even God Almighty cannot dispense withal. selves. I appeal to all that heard your trial, L. C. J. Well, however, the judgment which if they could so much as doubt but that
you we must give you is that which the law says, were guilty of what you were charged with. and speaks. * And therefore you must go For consider, here were persons that were of • from hence to the place from whence you your own religion, the most of them priests, I came, that is, to Newgate, and from thence think almost all of them id orders.
you shall be drawn through the city of LonPlunket. There were two friers, and a priest don to Tyburn ; there you shall be banged whom I have endeavoured to correct this seven by the neck, but cut down before you are body
dead, your bowels shall be taken out and burnt time, I must receive sentence of everlasting * before your face, your head shall be cut off, damnation; after which there is no reprieve or
and your body be divided into four quarters, hope of pardon. I will therefore confess the to be disposed of as his majesty pleases. And truth, without any equivocation, and make use I pray God to have mercy upon your soul.' of the words according to their accustomed sig.
Plunket. My lord, I hope I may have this nification ; assuring you moreover, that I am favour, of leave for a servant, and some
of that certain persuasion, that no power, not few friends that I have, to come at me.
only upon earth, but also in heaven, can disL. C. J. I think you may have liberty for pense with me, or give me leave to make a false any servant to come to you, I know nothing to protestation: And I protest upon the word of a the conti'ary.
dying man, and as I hope for salvation at the Plunket. And some few friends that I have hands of the Supreme Judge, that I will declare in town.
the naked truth with all candour and sincerity: L. C. J. But I would advise you to have And that my affairs may be the better known some ministér to come to you, some protestant to all the world. minister.
It is to be observed, that I have been accused Plunket. My lord, if you please, there are in Ireland of treason and Præmunire, and that some in prison, that never were indicted or ac- there I was arraigned and brought to my trial; cused of any crime, and they will do my busi- but the prosecutors (men of flagitious and ininess very well ; for they will do it according to famous lives), perceiving that I had records and the rites of our own church, which is the an- witnesses who would evidently convince them, cient usage, they cannot do better, and I would and clearly shew my innocency and their pot alter it now.
wickedness, they voluntarily absented themL. C. J. Mr. Richardson, you may let his selves, and came to this city, to procure that I servant come to him, and any friend in your should be brought hither to my trial (where the presence, to see there be no eřil done, nor any crimes objected were not committed) where the contrivances that
hereafter have an influ- jury did not know me, or the qualities of my ence upon affairs.
accusers, and were not informed of several Justice Jones. Be you present, or some
other circumstances conducing to a fair trial
Here, after six months close imprisonment (ot Plunket. My servant, I hope, may come, thereabouts) I was brought to the bar the 3rd without his being present.
of May, and arrraigned for a crime, for which L. C. J. Yes, yes, bis servant may be with I was before arraigned in Ireland : A strange him alone. Well, Sir, we wish better to you resolution, a rare fact
, of which you will hardly than you do to yourself.
find a precedent these five hundred years past: Plunket. God Almighty bless your lordship. But whereas my witnesses and records were in And now, my lord, as I am a dead man to this Ireland, the Lord Chief Justice gave me five world, and as I hope for mercy in the other weeks time to get them brought hither: but by world, I was never guilty of any of the trea. reason of the uncertainty of the seas, of wind sons laid to my charge, as you will hear in and weather, and of the difficulty of getting time; and my character you may receive from copies of records, and bringing many witnesses my lord chancellor of Ireland, my lord Berke- from several counties in Ireland, and for many lej, my lord Essex, and the duke of Ormond. other impediments (of which affidavit was made)
I could not at the end of the five weeks get the Then the keeper took away his prisoner, and records and witnesses brought hither ; 1 thereupon Friday the 1st of July, he was executed fore begged for twelve days more, that I might according to the sentence.
be in a readiness for my trial, which my Lord At the place of execution Dr. Plunket Chief Justice denied ; and so I was brought to spake as follows:
my trial, and exposed, as it were, with my
hands tied, to those merciless perjurors, who I have some few days past abided my trial did aim at my life, by accusing me of these fol. at the King's-bench, and now very soon I must lowing points : hold up my hand at the King of Kings'-bench, First, That I have sent letters by one Niel and appear before a judge that cannot be de- O'Neal (who was my page) to M. Baldeschi, ceived by false witnesses, or corrupted allega- 1 the
Pope's secretary; to tlie bishop of Aix, and tions; for he knoweth the secrets of hearts; to Principe Colonnā, that they might solicit foneither can he deceive any, or give an unjust reign powers to invade Ireland ; and also to sentence, or misled by respect of persons; ile have sent letters to cardinal Bouillon to the being all goodness, and a most just judge, will sarne effect. Secondly, To have employed capmfallibly decree an eternal reward for all good tain Con O'Neal to the French king for suc. works, and condign punishment for the small
Thirdly, To have levied anii exacted est transgression against his commandments. monies from the clergy of Ireland, to bring in Which being a most certain and undoubted the French, and to maintain 70,000 meo. truth, it would be a wicked act, and contrary to Fourthly, To have had in readiness 70,000 my perpetual welfare, that I should now, by men, and lists made of them, and to have given declaring any thing contrary to truth, commit directions to one friar Duffy to make a list of a detestable siv, for which, within a very short 250 men in the parish of Foghart, in the county