make my defence, that is, if he had those things that he has not, he might appear to be another man than he is; but I am sure, as it appears upon the evidence that hath been given by all the witnesses, there is a plain proof, and a full proof of every treason laid to his charge.

Plunket. My lord, I desire these witnesses may be called [giving in a Paper.] Cryer. David Fitzgerard, Eustace Commines and Paul Gormar.

L. C. J. Who gave him this paper? He had it not before.

Stranger. I was told that these were good evidences for Dr. Plunket, and I gave him the names.

L. C. J. Where are they?
Stranger. They are hard by.

Att. Gen. Where is Eustace Commines? For he was one that gave in evidence against the prisoner.

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 they came about. Then Mac Legh comes and tells you the same thing in every circumstance; ay, but says the prisoner at the bar, and would make it to be a great objection, how chance that they have concealed this all the while, and not discovered it to some justice of the peace? Why, says one, I was under your jurisdictiction in that place, that is the very reason he gives wherefore he durst not; and, says another, I was concerned and as earnest as the prisoner or any body else, but going into France, I observed the slavery that all the subjects were under, under the tyranny of that king, and apprehending that the same king was to come into Ireland by the means of these gentlemen, I was concerned at it, and had rather the devil should reign over us than such an one, and therefore I will discover it. And he said very well, I think, that he had rather have the devil to reign; for it seems to be him, or one in his shape that reigns after that manner. And there are two persons that swear to the very year that they were obliged to raise the money, and swear positively, they saw his orders, Sub pana suspensionis, I do not know whether they meant hanged or suspended from their office. But it seems it was so terrible, that it made them pay twenty shillings a-piece for three years successively. And there is another gentleman that tells you, that out of a small living, wherein he was concerned only as a curate to a third person, it had been paid two or three times, and another, though he was exempt himself from the payment, yet so great a confident was he of the prisoner's at the bar, that he was present when he saw thirty or forty pay this tax, and whereas the prisoner at the bar would make it thought a strange thing, that he should raise so much money, who had but an house seven foot high, it seems there is above that thatched house a chapel.

Plunket. There is no chapel.

Serj. Jefferies. But now, my lord, that which substantially proves what these witnesses say, is the letter that is sent to Rome to the secretary of the college de propaganda fide, which is the last letter that the last gentleman speaks of, wherein he does particularly take notice, that he had taken care to raise such monies, and view all the ports and places of strength. And lord, that which is a very great circumince to back the evidence of the first letter to French cardinal Bouillon, which was taken tice of by the first witness, and there is such passage in this too, that the catholic princes should not spill one another's blood, when they might better employ it here in Ireland for the propagation of the faith; this last letter takes particular notice of this very instance too, that instead of drawing their swords against one ther, they had better come to promote the

faith in Ireland. These four witnesses unctual and precise in every particular circumstance of the case, and against them there is nothing but the common objection; If

Then Paul Gormar appeared.

L. C. J. What would you ask him?

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

Gormar. Indeed, my lord, he never did. L. C. J. Will you ask him any more? Gormar. But this, my lord, Mr. Moyer and were in discourse, and he said if there was law to be had in Ireland, he would shew Mr. Plunket his share in it.

I

L. C. J. Well what of that?

Gormar. My lord, I did come out of Ireland to reveal what plots the Irish had against the king, and as for this Mr. Plunket, as I have a soul to save, I never heard of any misdemeanor of him.

Just. Dolben. How came you here to day?
Gormar. I was summoned.

Just. Dolben. By whom? Was it the Attor ney General or Plunket that summoned you? Gormar. Here is the summons.

Serj. Jefferies. It is a common Subpoena.
Plunket. I never sent for him.

Gormar. It was not against you, they knew I had nothing against you, I thought you did more good in Ireland than hurt; so I declareit.

LC. J. Have you any more witnesses? If Fitzgerard or Commines will come, we will hear them.

Plunket. My lord, I have not any more witnesses.

L. C. J. Look you, gentlemen of the jury, this gentleman here, Mr. Plunket, is indicted of High-treason, and it is for conspiring the king's death, and endeavouring to bring the French army into Ireland for to invade that kingdom, and to plant the Romish religion in that kingdom. You have had evidence against him that hath been fully examined. And these things do seem to be very plain by the witnesses, that he himself hath taken a commission, or a grant, or what you will please to call it, from

the pope to be primate of Ireland, that he hath | to convince them evidently, and slew what

men they were, and the prepensed malice that they did bear to me, and so finding that I could clear myself evidently, they absented themselves, on the day of my trial no Christian ap

taken upon him to make laws as the provincial, and that he hath undertaken and endeavoured to settle the popish religion in that kingdom, and in order to that, he hath invited the aid of the French army, and that he hath for the bet-peared, but hither over they came, and proter landing of them, looked out what places cured that I should be brought hither, 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 the witnesses speak of and was in that conspiracy; you must find him guilty. I leave it to you, it is a pretty strong evidence, he does not say any thing to it, but that his witnesses are not

come over.

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

Then the jury withdrew for a quarter of an bour, and being returned, gave this verdict.

Cl. of Cr. Oliver Plunket, hold up thy hand. How say you, is he Guilty of the high-treason whereof he stands indicted, or Not Guilty? Foreman. Guilty.

· Plunket. Deo gratia, God be thanked. Then the verdict was recorded, and the Court rose. And the Keeper went away with his prisoner.

On Wednesday, 15 June, 1681, Oliver Plunket was brought to the bar to receive his Judgment.

Att. Gen. My lord, I pray your judgment against the prisoner Oliver Plunket.

that country, or any man in the world that hath but seen Ireland in a map, would easily see there was no probability that that should be a place fit for the French to land in, though be never was in Ireland, yet by the map, he would see they must come between the narrow seas, all along to Ulster, and the rocks, and such places would make it very dangerous; and by their own confession it was a poor town, and of no strength, a very small garrison, which had not been so, if it had been a place of any consideration. And where I had influence only upon one province, as is well known, though I had the title of Primate of all Ireland, as the archbishop of Canterbury hath of all England; yet the archbishop of York did not permit him to meddle with his province; and it is well known by the gentry there, and those that are accustomed to the place, that in all the province of Ulster, take men, women, and children of the Roman Catholics, they could not make up 70,000. This, a jury there, my lord, had known very well, and therefore the laws of England, which are very favour able to the prisoner, have provided that there should be a jury of the place where the fact was committed, as sir Thomas Gascoigne, as I have heard, had a Yorkshire jury, though he was tried at London. And then after my coming here, I was kept close prisoner for six months, not any Christian was permitted to come to me, nor did I know any thing, how things stood in the world. I was brought here the third of May, to be arraigned, and I did petition your lordship to have some time for my trial, and I would have it put off till Michaelmas, but your lordships did not think fit to grant so long, but

Cl. of Cr. Oliver Plunket, hold up thy hand; thou hast been indicted of high-treason, thou hast been thereupon arraigned, thou hast thereunto pleaded Not Guilty, and for thy trial hast put thyself upon God and the country, which country hath found thee Guilty; what hast thou to say for thyself, why judgment of death should not pass upon thee, and execution be thereupon awarded according to the law. Plunket. My lord, may it please your lord-only till the eighth of this month, when my ship, I have something to say, which if your lordship will consider seriously, may occasion the Court's commiseration and mercy. I have, my lord, for this fact been arraigned in Ireland, and brought to my trial there. At the day of my trial all the witnesses voluntarily absented themselves, seeing I had records and witnesses

witnesses who were ready at the sea-side, would not come over without passes, and ĺ could not get over the records without an order from hence; which records would have shewn that some of the witnesses were indicted and found Guilty of high crimes, some were imprisoned for robberies, and some of the wit.

wit

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

while judgment was passing upon the priThen Proclamation was made for silence,

soner.

L. C. J. Look you, Mr. Plunket, you have

nesses were infamous people; so I petitioned the 8th of this month, that I might have time but for 12 days more: but your lordship thought, when the motion was made, that it was only to 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 for want of time to defend myself in, I was ex-been here indicted of a very great and heinous 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 ford, 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. I to 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 superstitions; the most disnesses are, that began the story, and say these things against me. And, my lord, for those depositions of the 70,000 men, and the monies that are collected of the clergy in Ireland, they cannot be true; for they are a poor clergy that have no revenue nor land; they live as the Presbyterians do here, there is not a priest in all Ireland, that hath certainly or uncertainly above threescore pounds a year, and that I should collect of them 40s. a-piece, for the raising of an army, or for the landing of the French at Carlingford; if it had been brought before a jury in Ireland, it would have been thought a mere romance. If they had accused me of a Premunire for the exercise of my episcopal function, perhaps they had said something that might have been believed; but my lord, as I am a dying man, and hope for salvation by my Lord and Saviour, I am not guilty of one point of treason they have swore against me, no more than the child that was born but yesterday. I have an attestation under my lord of Essex's hand concerning my good behaviour in Ireland, and not only from him, but from my lord Berkley, who was also governor there, which the king's attorney saw; but here I was brought, here I was tried, and not having time to bring my witnesses, I could not prove my innocency, as otherwise I might. So that if there be any case in the world that deserves compassion, sure my case does: and it is such a rare case, as I believe you will not two of them in print, that one arraigned Treland, should be tried here afterwards for same fact. My lord, if there be any thing he world that deserves pity, this does; for can say, as I hope for mercy, I was never guilty of any one point they have swore against me, and if my petition for time had been granted, I could have shewn how all was prepense malice against me, and have produced all circumstances that could make out the innocency of a person. But not having had time enough, d being tried, I am at your mercy.

honourable and derogatory to God and his glory, of all religions or pretended religions whatsoever, for it undertakes to dispense with God's laws, and to pardon the breach of them. So that certainly a greater crime there cannot be committed against God, than for a man to endeavour the propagation of that religion; but you to effect this, have designed the death of our lawful prince and king: and then your design of blood in the kingdom where you lived, to set all together by the ears, to destroy poor innocent people, to prostitute their lives and liberties, and all that is dear to them, to the tyranny of Rome and France; and that by introducing a French army. What greater evil can be designed by any man? I mention these things because they have all been fully proved against you; and that you may take notice, and repent of them, and make your peace with God, by a particular application for mercy for all these faults; for it seems to me, that against God, your prince, and fellow-subjects, you have behaved yourself very ill, designing very great evil to all these; and now it hath pleased God to bring you to judg ment.

I must tell you, peradventure, what you urge for yourself might introduce pity, if it were to be believed; that is, that you are innocent, and had witnesses to prove it; but we cannot suppose any man innocent, that hath had a legal and fair trial, and a trial with as much candor to you, as your case could bear, or as perhaps any man in such a case ever had. You had time upon your request to send for your witnesses, to help you in your defence, and to have proved your innocence, if you could have done it; time long enough to your own content, you yourself thought it so, at the time it was given. To give a prisoner under your circumstances, five or six weeks time to send for witnesses, is not usual; we could have put you upon a present defence, and hur ried you out of the world by a sudden trial, if we had had any design against you; but we go on in a fair way, and with legal proceedings, and with as much respect to you, as in

L. C. J. Mr. Richardson, you may let his servant come to him, and any friend in your presence, to see there be no evil done, nor any contrivances that may hereafter have an influ-jury did not know me, or the qualities of my ence upon affairs.