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of Lowth. Fifthly, To have surveyed all the neither is it less untrue what friar Duffy attestforts and harbours in Ireland, and to have fixed ed, viz. That I directed him to make a list of upon Carlingford as a fit harbour for the 250 men in the parish of Foghart, in the county French's landing. Sixthly, To have had seve- of Lowth. ral councils and meetings, where there was To the fifth I answer, That I never surveyed money allotted for introducing the French. all the forts and harbours of Ireland, and that I Finally, That a meeting in the county of Mo- was never at Cork, Kingsale, Brantry, Yougnaghan, some 10 or 12 years past, where there hal, Dụngarvan, or Knockfergus; and these were 300 gentlemen of three several counties, 36 years past I was not at Limerick, Dunganto wit, Monaghan, Cavan, and Armagh ; whom non, or Wexford. As for Carlingford, I never I did exhort to take arms to recover their es- was in it but once, and staid not in it above

half an hour; neither did I consider the fort To the first I answer, That Niel O'Neal was er baven ; neither had I it in my thoughts or berer my servant or page, and that I never sent imagination to fix upon it, or upon any other letter or letters by him to M. Baldeschi, or the fort or haven, for landing of French or bishop of Aix, or to Principe Colonna. And I Spaniards ; and whilst I was at Carlingford (by say, that the English translation of that pre- mere chance passing that way), Frier Duffy tended letter produced by the friar Macmoyer, was not in my company, as he most falsely is a mere invention of his; and never penned swore. by me, or its original, either in English, Latin, To the sixth I say, That I was never at any Italian, or any other language. I affirm, more- meeting or council, where there was mention orer, that I never wrote letter or letters to car. made of allotting or collecting of monies for dinal Bouillon, or any of the French king's mi-a plot or conspiracy; and it is well known, that nisters; neither did any who was in that court the catholic clergy of Ireland, who have neither either speak to me, or write to me, directly or lands nor revenues, and hardly are able to keep indireetly, of any plot or conspiracy against my decent cloaths upon their backs, and life and king or country Farther, I'vow, that I never soul together, can raise no considerable sum ; sent agent or agents to Rome, or to any other nay, cannot spare as much as would maincourt, about any civil or temporal affairs : and tain half a regiment. it is well known (for it is a precept publicly To the seventh, I answer, That I was never printed) that clergymen (living in countries at any meeting of 300 gentlemen in the county where the government is not of Roman Catho- of Monaghan, or any gentleman of the three lies), are commanded by Rome, not to write to counties of Monaghan, Armagh, and Cavan, nor Rome, concerning any civil or temporal affairs. of one county, nor of one barony ; and that I And I do aver, that I never received letter or never exhorted a gentleman, or gentlemen, letters from the Pope, or from any other of bis either there, or in any other part of Ireland, ministers, making the least mention of any such to take arms for the recovering their estates ; matters : so that the friars Macmoyer and and it is well known, that there are not even in Daffy swore most falsely, as to such letter or all the province of Ulster 300 Irish Roman ca. letters, agent or agents.

tholics, who had estates, or lost estates by the To the second I say, That I never employed late rebellion ; and, as it is well known, all my captain Con O'Neal to the French king, or to thoughts and endeavours were for the quiet of any of his ministers; and that I never wrote to my country, and especially of that province. him, or received letters from him; and that I Now to be brief, as I hope for salvation, I never saw him but once, nor ever spoke to him, never sent letter or letters, agent or agents, to to the best of my remembrance, ten words: pope, king, prince, or prelate, concerning any and as for his being in Charlemont or Dungan- plot or conspiracy against my king or country: pon, I never saw him in those towns, or knew I never raised sum or sums of money, great or of his being in those places ; so that as to Con small, to maintain soldier or soldiers, all the O'Neal, friar Macmoyer's depositions are most days of my life; I never knew, or heard false

(neither did it come to my thoughts or imaginTo the third I say, That I never levied any ation) that the French were to land at Carlingmoney for a plot or conspiracy, for bringing in ford; and I believe there is none who saw IreSpaniards or French, neither did I ever receive land even in a map, but will think it a mere any upon that account, from priests or friars, romance; I never knew of any plotters or conas priest Mac-Clave, and friar Duffy, most un- spirators in Ireland, but such as were notorious truly asserted. I assure you, that I never re- and proclaimed (commonly called Tories) whom ceived from any clergyman in Ireland, but what did endeavour to suppress. And as I was due to me by ancient custom for my main- hope for salvation, I always have been, and am tenance; and what my predecessors these hun- entirely innocent of the treasons laid to my dred years were wont to receive; nay, I re- charge, and of any other whatsoever. ceived less than many of them. And if all what And though I be not guilty of the crimes of the Catholic clergy of Ireland get in the year which I am accused, yet I believe none came were put in one purse, it would signify little or ever to this place who is in such a condition as nothing to introduce the French, or to raise an I am ; for if I should even acknowledge (which army of 70,000 men, which I had inlisted, and in conscience I cannot do, because I should realy, as friar Macroyer most falsely deposed; belie myself) the chief crimes laid to my charge, VOL. VII.

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so wise man that knows Ireland would believe | stoned him to death ; so do I, for those who me. If I should confess, that I was able to with perjuries spill my innocent blood, saying raise 70,000 men in the districts of which I as St. Stephen did, o‘Lord, lay not this sín to had care, to wit, in Ulster; nay, even in all Ire- them. I do heartily forgive them, and also land,

and to have levied and exactel monies from the judges, who (by denying me sufficient time the Roman clergy for their maintenance, and to bring my records and witnesses from Ire. to have prepared Carlingford for the French's land) did expose my life to evident danger..! landing, 'all would but laugh at me, it being do also forgive all those who had a hand in well known, that all the revenues of Ireland, bringing me from Ireland to be tried here, both spiritual and temporal, possessed by his where it was morally impossible for me to have majesty's subjects, are scarce able to raise and a fair trial. I do finally forgive all who did maintain an army of 70,000 men. If I will concur, directly or indirectly, to take away my deny all those crimes (as I did, and do), yet it life, and I ask forgiveness of all those whom 1 may be that some, who are not acquainted with ever offended by thought, word, or deed. the aflairs of Ireland, will not believe that my I beseech the all-powerful, that his divine denial is grounded upon truth, though I assert it majesty grant our king, queen, and the duke with my last breath. I dare venture further, of York, and all the royal family, health, long and aftirm, That if these points of 70,000 men, life and all prosperity in this world, and in the &c. had been sworn before any protestant jury next everlasting felicity. in Ireland, and had been even acknowledged by Now that I have shewed sufficiently (as I me at the bar, they would not believe me, no think) how innocent I am of any plot or con. more than if it had been deposed and confessed spiracy, I would I were able, with the like by me, that I had flown in the air from Dublin truth, to clear myself of high crimes committed to Holy-Head.

against the divine majesty's commandments You see, therefore, what a condition I am (often transgressed by me), for which I am in, and you have heard what protestation 1 sorry with all my heart ; and if I should, or have made of innocency, and I hope you will could live a thousand years, I have a firm rebelieve the words of a dying man; and that solution, and a strong purpose, by your grace you may be the more induced to give me credit (O my God) never to offend you ; and I beseech that he would save my life, if I would accuse and by the intercession of his blessed mother others : but I answered, That I never knew of and all the holy Angels and Saints, to forgive any conspirators in Ireland, but such (as I said me my sins, and to grant my soul eternal rest

. before) as were publicly known outlaws; and Misere mei Deus, &c. Paree animæ, &c. In that, to save my life, I would not falsly accuse manus tuas, &c.' any, nor prejudice my own soul. Quid prodest P.S.* To the final satisfactien of all persons homini,'&c. To take away any man's life or goods that have the charity to believe the words of a wrongfully, ill becometh any christian, espe- dying man, I again declare before God, as ! cially a man of my calling, being a clergy..an hope for salvation, what is contained in this of the catholic church, and also an unworthy paper is the plain and naked trath without any prelate, which I do openly confess. Neither will equivocation, mental reservation, or secret era. I deny to have exercised in Ireland the func- sion wbatsoever ; taking the words in their tions of a catholic prelate, as long as there was usual sense and meaning, as protestants de any connivance or toleration; and by preaching when they discourse with all candour and sinand teaching, and statutes, to have endeavoured cerity. To all which I have here subscribed to bring the clergy (of which I had a care) to a my hand.t

OLIVER PLUNKET. due comportment, according to their calling; and though thereby I did but my duty, yet According to Bulstrode, Memoirs $11., some, who would not amend, had" a prejudice Plunket, at the place of execution, spoke what for me, and especially my accusers, to whom is here called Postscript, concluding at the words I did endeavour to do good; I mean the clergycandour and sincerity.' men; (as for the four lay-men, who appeared # of this case Mr. Fox observes that the king against me, viz. Florence, Macmoyer, the two “ even after the dissolution of his last parkiraNeals, and Hanlon, I was never acquainted ment, when he had so far subdued his enemiei with them), but you see how I am requitted, as to be no longer under any apprehensions from and how by false oaths they brought me to this them, did not think it worih while to save the untimely death; which wicked act being a life of Plunket the popish archbishopof Anaagb defect of persons, ought not to reflect upon the of whose innocence no doubt could be enter order of St. Francis, or upon the Roman Ca- tained. But tbis is not to be wondered at, sine tholic clergy; it being well known, that there in all transactions relative to the popish pala was a Judas among the twelve apostles, and a minds of a very different cast from Charles wicked man, calicd Nicholas, among the seven became as by some fatality divested of all the deacoas; and even, as oue of the said deacons, wonted sentiments of justice and bumanity te wit, holy Stephen, did pray for those who Fox's Hist. Janies II.

Sworn.

279. The Trial of Sir Miles Stapleton, bart. at York Assizes,

for High Treason : 33 CHARLES II. A. 1. 1681. SIR Miles Stapleton, baronet, was indicted at p sult and agree to contribute, pay and exthe sessions of Oyer and Terminer at the West pend divers large sums of money to diriding of the county of York, and the indict- vers of the king's subjects, and other perment was removed by a Writ of Certiorari to the sons unknown, to procure those persons traiteKing's-bench, where sir Miles Stapleton hav- rously to kill our said lord the king, and to ining been arraigned, and pleaded to the same troduce the Romish religion into this realm, Not Guilty, was sent down to be tried in the against the duty of bis allegiance, against the county of York. The Indictment was as fol- peace of our said lord the king, his crown and loweth :

dignity, and against the form of the statute in

such case made and provided.” « Sir Miles Stapleton, late of Carleton in the Clerk of Assize. Hold up' tby hand, sir county of York, baronet, stands indicted, for Miles, thou hast heard the treasons and other that he, as a false traitor against our illustrious misdemeanors whereof thou standest indicted : and excellent prince, king Charles the second, Art thou Guilty thereof, or Not Guilty ? his natural lord, not having God before his eyes, Sir Miles. Not Guilty. nor weighing the duty of his allegiance, but Cl. of Assize. How wilt thou be tried ? by the instigation of the devil being moved and Sir Miles. By God and my country. seduced, the cordial love, and true, due, and na- Cl. of Assize. Culpiet. God send thee a good tural obedience, which true and faithful sub- deliverance. jects of our lord the king should bear to him, Clerk. of Assize. Sir Miles, this understand and of right are bound to bear, wholly with you, that these gentlemen that are now to be drawing, devising, and with all his power in- sworn, are returned by the sheriff of this county tending to disturb the peace and common tran- to pass between our sovereign lord the king and quillity of this realm, and to bring and put our you for your life; therefore if you will chalsaid lord the king to death and final destruction, lenge any of them, you are to challenge them and the true worship of God in this kingdom as they come to be sworn, and before they be by law established and used, to alter to the siperstition of the church of Rome, and to move The Jury being called, Mr. Justice. Dolben and stir up war against our said lord the king took notice to sir Miles, that there were but few in this realm, and to subvert the government of appeared, and therefore told him, he would do this kingdom, the 30th day of May, in the well not to challenge too many of them. Sir 31st year of our said lord the king's reign, at Miles thereupon said, he should not challenge the parish of Barwick in Elmett in the said many; and enquired whether those that served county of York, in the West-riding of the same on the lady Tempest's, * Mr. Thwing's, and Mr. county, with divers other false traitors unknown Ingleby's juries did now appear; ani the judge did traiterously compass, imagine and intend, answered him, that if they did, care should be the death and final destruction of our said lord taken that they should not be sworn. the king, and to change and alter, and wholly to Then the Jury being called to the book, sir subvert the ancient government of this realm, Miles challenged these, viz. Sir David Fowles, and to depose and wholly to deprive the king of bart. John Estoft, William Bethel, William the crown and government of the said kingdom Caley, Towers Driffeild, Marm. Trueman, and to root out the true Protestant religion : John Wright, John Green, esquires; Rob. Bell, And to fulfil and accomplish the same most John Dixon, Thomas Wood, Robert Turner, wicked treasons, and traiterous imaginations John Beckwith, Simon Warrener, Gervase and purposes, the said sir Miles Stapleton, and Hatfield, John Coats, gentlemen. And only two other false traitors unknown, on the said 30th of the jury returned, viz. Tho. Fletcher, Rob. of May in the 31st year aforesaid, with force Gudgeon, were sworn. and arms at the parish of Barwick aforesaid, Just. Dolben. Sir Miles, I see you must stay advisedly, devilishly, maliciously and traite- till the next assizes, for you challenge so many, rously, did assemble, unite and gather them- here will not be a jury gotten. selves together, and then did devilishly, advi- Sir Miles. If your lordship please, I shall be sedly, maliciously, craftily and traiterously, con- content, and do desire the jury may be called sult and agree, to bring our said lord the king that served the first day ; nay, all the three to death and final destruction, and to depose juries, if you please. and deprive him of the crown and government, Just. Dolben. That is, you would chuse all and introduce and establish the religion of the of one way, and leave the others; where is the Romish church in this realm : and the sooner indifferency of the trial then ; but come, call to fulfil and accomplish the said most wicked them, I cannot deny it. treasons and traiterous imaginations and pur- The three Juries called, and five challenged, poses, the said sir Miles Stapleton and other unknown traitors, then and there advisedly, * See the Note to Thwing's case, vol. 7, maliciously and traiterously, did further con- p. 1162, of this Collection.

esq.

viz. Tho. Worseley, esq. Samuel Tennant, Ro- hath put himself upon his country, which counbert Bushel, Roger Stretwel

, gents. Roger Lee, try you are, &c. And these sworn, viz. Sir Tho. Penny- Then proclamation was made for evidence, man, bart. Thomas Rokely, esq. William Stone, and sir Thomas Stringer, one of the king's counThomas Conyers, Christopher Tankard, esq: sel, aggravated the Indictment, as followeth : who was excepted against by sir Thomas Sir Miles Stapleton. I desire, my lord, the Stringer, as one that disparaged the evidence of king's evidence may be put apart, not to hear the Plot, and called his dogs by the names of what each other swears. Oates and Bedloe; which the judges allowed Just. Dolben. No, no, sir Miles, that must to be a good exception; but there being no wit- not be, would you have the same for your witness in the court to prove it, he was sworn.

nesses? Just. Dolben. Sir Miles, you must stay till Sir Thomas Stringer. May it please your the next assizes, we have not a full jury. lordship, and you gentlemen of the jury: Sir

Sir Ailes. Here are gentlemen in the court, Miles, the prisoner at the bar, stands here inyour lordship may take whom you please. dicted of the greatest and blackest treasons that

Just. Dolben. 'I cannot do it without the can be invented by the worst of men; he stands king's counsel move for a Tales, which as this here indicted for endeavouring to depose the case stands they will not do.

king from his crown and dignity; and imaginAnd so he was remanded to prison, and Re- ing and compassing the death of the king, to manet pro defectu Juratorum until the 18th alter the established gevernment, and root out day of July, 1681. And at the assizes then the true Protestant religion, and to establish the holden for the county of York, before Mr. Just. Romish religion among us. Gentlemen, to Dolben, and Mr. Baron Gregory, was proceed compass these wicked designs we shall prove ed against as followeth :

there hath been several consults where the priClerk of Assize. Sir Miles Stapleton, hold up soner at the bar hath been, and where he hath thy hand"; thou standest indicted by the name contributed money to carry on these wicked of Miles Stapleton, late of Carleton in the county designs: and gentlemen, I must acquaint you, of York, bart. &c. prout in the Indictment. there hath been a horrid Plot against the king

After Not Guilty pleaded to the Indictment, and government, and I need not do it, for it hath and other formalities of the Court, as before, been made notoriously known; not only parthese gentlemen following were called. Sir liaments have declared it so, but there have been Thomas Maleverer, kt. challenged by the king's noblemen, gentlemen, and priests, nay, some counsel. Sir Roger Beckwithi, kt. challenged men have been found guilty for carrying on the by the king's counsel.

horrid design, and have received their deserts. Sir Miles. Are any challenged ?

This Plot, gentlemen, is no new Plot, not a Just

. Dolben. Yes, there are two challenged Plot of a day, nor of an age; but a Plot that for the king.

bath been carried on for an hundred years. My Sir Miles

. I hope they must shew cause why lord, since we were delivered by God's mercy they challenge them.

from the Popish religion by the Reformation; Just. Dolben. Yes, they shall

, but they are ever since that time, the Pope, the Jesuits, the not bound to shew cause before the pannel be priests, and those of the Popish persuasion, gone through, and then, if you desire it, they have, my lord, been from time to time, and ever will shew cause; but I suppose sir Thomas since, endeavouring to carry on this wicked de Maleverer married a kinswoman of your's, and sign, and had destroyed us long since, if we had if so, it is a good exception.

not been by God Almighty, from time to times Sir Miles. I desire it may be proved. delivered from their power. And you, gentle

Richard Audbrough, esq. challenged by the men of the jury, I must tell you, this Plot was king. John Dodsworth, esq. challenged by the carried on in queen Elizabeth's time; and as king, Isaac Fairfax, esq. Christopher Brad- they did in this Plot carry on their designs, with shaw, esq challenged by sir Miles.

the king of Spain at Valladolid in Spain. The These following were called and sworn, viz. king of Spain, he joined with the Popish party Sir Harrington Boucher, kt. Sir John Jennings, here ; but it pleased the Lord to take the queen I. Tichard Hutton, Wellbrough Norton, To- to his mercy, before the Plot was effected. And Dindson, John Beverley, Anthony Frank- 'I must tell you, the same men of the same qua

John Addams, Francis Battery, Francis lity that carried it on then, have now endeam, Humphrey Brook, Thomas Lee, es- voured to carry it on in these days. My lords,

the king of Spain, though he was a Papist, yet chTwelve good men and true, stand to- it was so horrid a thing, that he left them to and hear your evidence.

carry on their wicked design, and God Almighty y Assise. Sir Miles Stapleton, hold up did preserve the queen.

My lords, they rested ind (which he did). Gentlemen, you

of not here ; but in King James's time they design: ty that are sworn, look upon the priced to have destroyed both king and parliament und heurken to his charges you shall at one

blow, and ihereby the whole nation in its that he stands indicted by the name representatives, and this they managed by Guy

prout in the Indictment; upon Vaux and others. And al King Charles's time etmua pended Not Guilty, and for his trial did they bring it? they brought it to the deatla

he hath been arraigned, and the same Plot was on foot, and pray how far

[graphic]

what

of that gracious king, and the sad effects of all came to the English college, my lord," I was civil war ; and they have brought it in these informed of one Father Anderton, rector of days to raise officers, generals, major generals, that college, and Father Mondford, who told and other officers, and proceeded so far that ac- me, that by means of this cardinal Nor. tual commission was delivered for destroying folk they did not doubt but to take the king our king, and if this had not been by God's out of the way; and that they would give mercy prevented, what would have been the me all privileges that could be for a young evil effects thereof, cre this day? And, gentle- man in that time. When I was coming away, men, I must tell you, that which is vow before my lord, from Rome, and had my letters you is the greatest, and most wicked design that emissaries, by cardinal Perorin (he sent for me ever was before men; and though you be of the when I was coming away, and as is usually relations and kindred, yet I know if you have done to all scholars, and they kiss the pope's but conscience and right in you, you will give toe, and he gives them his blessing and partia verdict according to the justness of the thing, cular indulgence ; which I had when I came and the evidence you shall have.

into England) said be to me, there is one man · Sir John Ottwith. We call Mr. Smith first, in the way who hath made us fair promises, who will give you an account of the plot in but will perform nothing, therefore we must general.

take him out of the way, and that I might be

instrumental in the design ; with this, my lord, Mr. John Smith called and sworn.

I took leave of the college, and we came five Just. Dolben. Mr. Smith, pray tell the court into England as priests, and I made my appliyou know of the plot.

cation to the arch-priest, which was in London, Smith. I must speak of it then what I have one Purrat, and I was employed a long time done beyond sea, my lord. My lords, I re- by hito in England; but proclamations coming member when I had been first beyond sea, I be- forth for the apprehending popish priests, I was came acquainted with one abbot Montagu and constantly after at the Portugal embassador's Mr. Thomas Car, at Paris, and they told me chapel, where this Purrat had a chamber, then, if I came to the Romish religion what wherein I discoursed with several of the clergy preferinent I should have here in England ; in England, who said they doubted not but they told me what friends they made in Eng- popery would soon be settled in England. I land, they named several persons about the came after that to live at one Mr. Jennison's court, and several gentry in England which 1 house, where the clergy had several meetings, did not then know to be papists. i staid some and we were all of opinion that course would be time among them in Paris, and all this while I taken with the king, unless he brought in podid not pervert to the Romish religion ; though pery. And this, my lords, is all I can say in they told me how many Jesuits they had sent general. over into England. Alier I left France I was Just. Dolben. Do you know of any congoing for Ronie, where I met with Father An- spiracy in Yorkshire ? derton, rector of the English college, and Smith. My lord, I am coming to that. When Father Southwel, and father Campion, who in- I came to Mr. Jennison's house, there was one troduced me into the acquaintance of cardinal Mr. Thwing, a priest, who has suffered as a Grimaldi, which is an Italian name, but he is conspirator, he was well acquainted in the archbishop of that place ; I happening there, house before I came there, and did very much they carried me to speak to the cardinal, and he to persuade me that I would intreat Mr. Jentold me what likelihood there was for intro- nison to send his daughters to a place called ducing the Romish religion into England, and Dolebank, where a nunnery was to be erected, he told me, he would prefer me very well there, aud I knew several that were there. This Mr. if I would turn to their religion ; and gave me Thwing came to me oftentimes, and several letters to several friends in Italy: At last I was. priests in this city, and they, all pressed me 10 perverted to the Romish religion, by virtue of it, but I was against it, knowing what their This cardinal ; and this gentleman at last asked design was. me if I had a mind to sthdy, I told him yes, so

Just. Dolben. But do

you
know

any thing I came into an Italian college, and became ac- against the prisoner ? quainted with all the secular priests, both Eng- Smith. All that I can say to the gentleman at lish, Scotch, and French ; who told me what the bar, is this : I never saw him before to my interest they had made in England, during knowledge ; but Mr. Thwing, when we were the coming in of cardinal Nortolk, and said, at Mr. Jennison's, and discoursing of the Plot, there was but one man in the way, meaning the asked me how they gave money in the Bi. king, and said they should soon remove him. shoprick, I told him some gave more, some less.

Just. Dolben. Did they mean the king ? Just. Dolben. What were those Collections

Smith. Yes, my lord, they said there was for ? but one man in the way, and that they would Smith. My lord, it went among ourselves soon make an end of him, and that they had under the notion of killing the king, and rootmen ready in England for it. After this, my ing out the Protestant religion ; but we gave Jord, I left this Italian college, and came to the it out that it was repairing a college at Doway, English college (for I had a mind to come which, if granted, had been penal by law. shere) and I made triends with the jesuits : After Then I asked him, how doth the collections go

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