neither is it less untrue what friar Duffy attested, viz. That I directed him to make a list of 250 men in the parish of Foghart, in the county of Lowth.

of Lowth. Fifthly, To have surveyed all the forts and harbours in Ireland, and to have fixed upon Carlingford as a fit harbour for the French's landing. Sixthly, To have had several councils and meetings, where there was money allotted for introducing the French. Finally, That a meeting in the county of Monaghan, some 10 or 12 years past, where there were 300 gentlemen of three several counties, to wit, Monaghan, Cavan, and Armagh; whom I did exhort to take arms to recover their estates.

1

To the fifth I answer, That I never surveyed all the forts and harbours of Ireland, and that I was never at Cork, Kingsale, Brantry, Youghal, Dungarvan, or Knockfergus; and these 36 years past I was not at Limerick, Dungannon, or Wexford. As for Carlingford, I never 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 or haven; neither had I it in my thoughts or never 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 over, 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 ministers; neither did any who was in that court either speak to me, or write to me, directly or indirectly, of any plot or conspiracy against my king or country. Farther, I vow, that I never sent agent or agents to Rome, or to any other court, about any civil or temporal affairs: and it is well known (for it is a precept publicly printed) that clergymen (living in countries where the government is not of Roman Catholies), are commanded by Rome, not to write to Rome, concerning any civil or temporal affairs. And I do aver, that I never received letter or letters from the Pope, or from any other of his ministers, making the least mention of any such matters: so that the friars Macmoyer and Daffy swore most falsely, as to such letter or letters, agent or agents.

a plot or conspiracy; and it is well known, that the catholic clergy of Ireland, who have neither lands nor revenues, and hardly are able to keep decent cloaths upon their backs, and life and soul together, can raise no considerable sum ; nay, cannot spare as much as would maintain half a regiment.

To the seventh, I answer, That I was never at any meeting of 300 gentlemen in the county of Monaghan, or any gentleman of the three counties of Monaghan, Armagh, and Cavan, nor of one county, nor of one barony; and that I never exhorted a gentleman, or gentlemen, either there, or in any other part of Ireland, to take arms for the recovering their estates; and it is well known, that there are not even in all the province of Ulster 300 Irish Roman ca tholics, who had estates, or lost estates by the late rebellion; and, as it is well known, all my thoughts and endeavours were for the quiet of my country, and especially of that province.

To the second I say, That I never employed captain Con O'Neal to the French king, or to any of his ministers; and that I never wrote to 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: non, I never saw him in those towns, or knew of his being in those places; so that as to Con O'Neal, friar Macmoyer's depositions are most false.

I never raised sum or sums of money, great or small, to maintain soldier or soldiers, all the days of my life; I never knew, or heard (neither did it come to my thoughts or imagin To 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 I 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 the Catholic clergy of Ireland get in the year were put in one purse, it would signify little or nothing to introduce the French, or to raise an army of 70,000 men, which I had inlisted, and ready, as friar Macmoyer most falsely deposed;

VOL. VIII.'

And though I be not guilty of the crimes of which I am accused, yet I believe none came ever to this place who is in such a condition as I am; for if I should even acknowledge (which in conscience I cannot do, because I should belie myself) the chief crimes laid to my charge, 2 K

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stoned him to death; so do I, for those who with perjuries spill my innocent blood, saying as St. Stephen did, O Lord, lay not this sin to them. I do heartily forgive them, and also the judges, who (by denying me sufficient time to bring my records and witnesses from Ire land) did expose my life to evident danger. I do also forgive all those who had a hand in bringing me from Ireland to be tried here, where it was morally impossible for me to have a fair trial. I do finally forgive all who did concur, directly or indirectly, to take away my life, and I ask forgiveness of all those whom I ever offended by thought, word, or deed.

no wise man that knows Ireland would believe me. If I should confess, that I was able to raise 70,000 men in the districts of which I had care, to wit, in Ulster; nay, even in all Ireland, and to have levied and exacted monies from the Roman clergy for their maintenance, and to have prepared Carlingford for the French's landing, all would but laugh at me, it being well known, that all the revenues of Ireland, both spiritual and temporal, possessed by his majesty's subjects, are scarce able to raise and maintain an army of 70,000 men. If I will deny all those crimes (as I did, and do), yet it may be that some, who are not acquainted with the affairs of Ireland, will not believe that my denial is grounded upon truth, though I assert it with my last breath. I dare venture further, and affirm, That if these points of 70,000 men, &c. had been sworn before any protestant jury in Ireland, and had been even acknowledged by me at the bar, they would not believe me, no more than if it had been deposed and confessed by me, that I had flown in the air from Dublin to Holy-Head.

I beseech the all-powerful, that his divine majesty grant our king, queen, and the duke of York, and all the royal family, health, long life and all prosperity in this world, and in the next everlasting felicity.

Now that I have shewed sufficiently (as I think) how innocent I am of any plot or conspiracy, I would I were able, with the like truth, to clear myself of high crimes committed against the divine majesty's commandments (often transgressed by me), for which I am sorry with all my heart; and if I should, or could live a thousand years, I have a firm resolution, and a strong purpose, by your grace (0 my God) never to offend you; and I beseech your divine majesty, by the merits of Christ and by the intercession of his blessed mother and all the holy Angels and Saints, to forgive me my sins, and to grant my soul eternal rest. Misere mei Deus, &c. Parce animæ, &c. In manus tuas, &c.'

P. S. To the final satisfaction of all persons, that have the charity to believe the words of a dying man, I again declare before God, as I hope for salvation, what is contained in this paper is the plain and naked truth without any equivocation, mental reservation, or secret evasion whatsoever; taking the words in their usual sense and meaning, as protestants do, when they discourse with all candour and sincerity. To all which I have here subscribed my hand.t OLIVER PLUNKET.

You see, therefore, what a condition I am in, and you have heard what protestation I have made of innocency, and I hope you will believe the words of a dying man; and that you may be the more induced to give me credit I assure you, That a great peer sent me notice that he would save my life, if I would accuse others but I answered, That I never knew of any conspirators in Ireland, but such (as I said before) as were publicly known outlaws; and that, to save my life, I would not falsly accuse any, nor prejudice my own soul. Quid prodest homini,'&c. Totake away any man's life or goods wrongfully, ill becometh any christian, especially a man of my calling, being a clergyman of the catholic church, and also an unworthy prelate, which I do openly confess. Neither will I deny to have exercised in Ireland the functions of a catholic prelate, as long as there was any connivance or toleration; and by preaching and teaching, and statutes, to have endeavoured to bring the clergy (of which I had a care) to a due comportment, according to their calling; and though thereby I did but my duty, yet According to Bulstrode, Memoirs $18, 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 clergy-candour and sincerity.' men; (as for the four lay-men, who appeared against me, viz. Florence, Macmoyer, the two Neals, and Hanlon, I was never acquainted with them), but you see how I am requitted, and how by false oaths they brought me to this untimely death; which wicked act being a defect of persons, ought not to reflect upon the order of St. Francis, or upon the Roman Catholic clergy; it being well known, that there was a Judas among the twelve apostles, and a wicked man, called Nicholas, among the seven deacons; and even, as one of the said deacons, to wit, holy Stephen, did pray for those who

+ Of this case Mr. Fox observes that the king "even after the dissolution of his last partiament, when he had so far subdued his enemies as to be no longer under any apprehensions from them, did not think it worth while to save the life of Plunket the popish archbishop of Arvaagh, of whose innocence no doubt could be entertained. But this is not to be wondered at, since in all transactions relative to the popish plot, minds of a very different cast from Charles's became as by some fatality divested of all their wonted sentiments of justice and humanity" Fox's Hist. James II.

279. The Trial of Sir MILES STAPLETON, bart. at York Assizes, for High Treason: 33 CHARLES II. A. D. 1681.

SIR Miles Stapleton, baronet, was indicted at the sessions of Dyer and Terminer at the West riding of the county of York, and the indictment was removed by a Writ of Certiorari to the King'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 Not Guilty, was sent down to be tried in the county of York. The Indictment was as followeth :

esq.

viz. Tho. Worseley, esq. Samuel Tennant, Ro- |
bert Bushel, Roger Stretwel, gents. Roger Lee,
And these sworn, viz. Sir Tho. Penny-
man, bart. Thomas Rokely, esq. William Stone,
Thomas Conyers, Christopher Tankard, esq.
who was excepted against by sir Thomas
Stringer, as one that disparaged the evidence of
the Plot, and called his dogs by the names of
Oates and Bedloe; which the judges allowed
to be a good exception; but there being no wit-
ness in the court to prove it, he was sworn.
Just. Dolben. Sir Miles, you must stay till
the next assizes, we have not a full jury.

Sir Miles. Here are gentlemen in the court,
your lordship may take whom you please.
Just. Dolben. I cannot do it without the
king's counsel move for a Tales, which as this
case stands they will not do.

And so he was remanded to prison, and Remanet pro defectu Juratorum' until the 18th day of July, 1681. And at the assizes then holden for the county of York, before Mr. Just. Dolben, and Mr. Baron Gregory, was proceeded against as followeth :

Clerk of Assize. Sir Miles Stapleton, hold up thy hand; thou standest indicted by the name of Miles Stapleton, late of Carleton in the county of York, bart. &c. prout in the Indictment. After Not Guilty pleaded to the Indictment, and other formalities of the Court, as before, these gentlemen following were called. Sir Thomas Maleverer, kt. challenged by the king's counsel. Sir Roger Beckwith, kt. challenged by the king's counsel.

Sir Miles. Are any challenged? Just. Dolben. Yes, there are two challenged for the kingpul mot

Sir Miles. I hope they must shew cause why they challenge them.

Just. Dolben. Yes, they shall, but they are not bound to shew cause before the pannel be gone through, and then, if you desire it, they will shew cause; but I suppose sir Thomas Maleverer married a kinswoman of your's, and if so, it is a good exception.

Sir Miles. I desire it may be proved. Richard Audbrough, esq. challenged by the king. John Dodsworth, esq. challenged by the king, Isaac Fairfax, esq. Christopher Bradshaw, esq. challenged by sir Miles.

These following were called and sworn, viz. Sir Harrington Boucher, kt. Sir John Jennings, It. Richard Hutton, Wellbrough Norton, Tobin fedson, John Beverley, Anthony FrankJohn Addams, Francis Battery, Francis Pam, Humphrey Brook, Thomas Lee, es

Twelve good men and true, stand toand hear your evidence.

Assize. Sir Miles Stapleton, hold up and (which he did). Gentlemen, you of ry that are sworn, look upon the priand hearken to his charge; you shall d that he stands indicted by the name c. prout in the Indictment; upon ent he hath been arraigned, and Teupon pleaded Not Guilty, and for his trial

hath put himself upon his country, which country you are, &c.

Then proclamation was made for evidence, and sir Thomas Stringer, one of the king's counsel, aggravated the Indictment, as followeth:

Sir Miles Stapleton. I desire, my lord, the king's evidence may be put apart, not to hear what each other swears.

Just. Dolben. No, no, sir Miles, that must not be, would you have the same for your witnesses?

Sir Thomas Stringer. May it please your lordship, and you gentlemen of the jury: Sir Miles, the prisoner at the bar, stands here indicted of the greatest and blackest treasons that can be invented by the worst of men; he stands here indicted for endeavouring to depose the king from his crown and dignity; and imagining and compassing the death of the king, to alter the established gevernment, and root out the true Protestant religion, and to establish the Romish religion among us. Gentlemen, to compass these wicked designs we shall prove there hath been several consults where the prisoner at the bar hath been, and where he hath contributed money to carry on these wicked designs: and gentlemen, I must acquaint you, there hath been a horrid Plot against the king and government, and I need not do it, for it hath been made notoriously known; not only parliaments have declared it so, but there have been noblemen, gentlemen, and priests, nay, some men have been found guilty for carrying on the horrid design, and have received their deserts. This Plot, gentlemen, is no new Plot, not a Plot of a day, nor of an age; but a Plot that bath been carried on for an hundred years. My lord, since we were delivered by God's mercy from the Popish religion by the Reformation; ever since that time, the Pope, the Jesuits, the priests, and those of the Popish persuasion, have, my lord, been from time to time, and ever since, endeavouring to carry on this wicked design, and had destroyed us long since, if we had not been by God Almighty, from time to time, delivered from their power. And you, gentlemen of the jury, I must tell you, this Plot was carried on in queen Elizabeth's time; and as they did in this Plot carry on their designs, with the king of Spain at Valladolid in Spain. The king of Spain, he joined with the Popish party here; but it pleased the Lord to take the queen to his mercy, before the Plot was effected. And I must tell you, the same men of the same quality that carried it on then, have now endeavoured to carry it on in these days. My lords, the king of Spain, though he was a Papist, yet it was so horrid a thing, that he left them to carry on their wicked design, and God Almighty did preserve the queen. My lords, they rested not here; but in king James's time they designed to have destroyed both king and parliament at one blow, and thereby the whole nation in its representatives, and this they managed by Guy Vaux and others. And all king Charles's time the same Plot was on foot, and pray how far did they bring it? they brought it to the death