Fitz-Harys's Last Shame detected: Or, A Vindication of His Sacred Majesty from those foul Aspersions cast upon him by that impudent Libel called, Fitz-Harys's last Confession, left under his own Hand, and published by Dr. Hawkins.  By a truly Loyal Subject. 
HOra mortis, hora veritatis, is an usual Saying, and the Product of a Christian Charity, presuming all Men to be Men, and to have knowledge of an Eternal State, and some dread of God upon their Souls: but it faileth in several Cases. 1. Where Persons in that hour have no just use of their Reason; and so speak they know not what. 2. Where the Person is not sure of his Death, but is muzzled up in an hope of Life, if he will speak to such a sense. 3. Where the Person is ignorant, or Atheistical; either not knowing. or not believing an Eternal State. Or, 4. Where the Party, though believing an Eternal State, yet is persuaded, that the nearest way to it is by speaking false, to save the Repute of a Sham-Religion, into which he hath been Baptised, and in which he hath lived. In the first Case, the same Reason that alloweth no great Credit to be given to one mad or drunk, in his Fits, while he liveth, will also discharge our Charity for giving their Dying Words no more credit. The Reason for the second is as plain, because the only Reason of men's charitable Presumption in that Case, is our fancy of the Persons Apprehension, that he is presently going before the Tribunal of the just Judge of the whole Earth, who hath told us, that all Liars shall go into the Lake which burns with Fire and Brimstone. Now he who hath no such Apprehension, hath no more credit due to his Words dying, than when he was living; nay, so much less, as he valueth Life, which he hopes may be prolonged by Lying. For the third, whoso considereth, that the Reason why Charity directs more credit to the Words of a dying than of a living Man, is, because it presumes a Christian, possessed with the belief of an Immortal State, and Eternity, and of the truth of Holy Writ, will without difficulty understand why the Words of a dying Man, that either doth not know, or, though he hath heard such things, yet accounteth them Romantiquè, deserve no more credit than they had due to them when the Person was at furthest distance from his Latter-end; especially if he suffereth as a Malefactor: for though it may be he either knoweth not or believeth not that he hath an Immortal Soul, capable of eternal Happiness or Misery, yet he cannot but know that his Repute will outlive him, and when he is dead he will be yet spoken of, and his Relations also will be a little concerned in the World's Discourses of him, may justly be presumed, not knowing of any inconvenience from false Discourses tending to that end, to lie for his and his Families and Friends Reputation. And in the fourth Case it is as plain, admitting a Man to believe an Eternity, and the Immortality of the Soul in Bliss or Misery; yet 〈◊〉 he believeth that the nearest way in his State to that Bliss, is to tell Lies for the Glory of God (as he is persuaded), to uphold the Reputation of the Church (the only true Apostolic Church), and the true Catholic Religion, he hath all the reason in the World, and it is a great piece of his Religion, to die with a Lie in his Mouth; that is, an highly officious Lie; and so far from guilt, that it becometh meritorious. The third of these is the Case of too many who are no pr●fest Papists. Some scores die by the Hand of the Executioner every year, boldly denying what must be true, or double the number of them (not tainted with any ill Repute) must be perjured; and an easy Judgement will determine, That a double or triple number of Persons, of known Integrity, are rather to be believed upon their Oaths, than half or a third part of that number are, who have been ignorant and Atheistical Persons (of no repute) during the time of their Lives, dying without any sense of their other Sins, or due knowledge of the Principles of Religion; which hath put me into some admiration of the Credulity of some amongst us, who will so often say of Persons professing our own Religion, (though they have died denying the Fact for which they have died) Doubtless they were guilty, whatever they said at the Gallows; that they should so easily credit Papists dying Words, contrary to the most evident proof; especially considering, that by the Principles of Popery, and the Determination of the generality of their Directors of Consciences, Papists may tell Lies in an hundred Cases, and in some Cases ought to do it; which is directly contrary to all the Principles of that Religion which Protestants profess. The fourth is the Case of Papists, who do not only judge that jocose Lies are no Sins, and officious Lies (to save themselves, without wronging others) but venial Sins; but pernicious Lies also, such as are to the injury of others, and the violation of Justice, in many Cases, either not Sins, or very little ones, attoned presently by Confession; as, in case they do not tend to some notable damage of others; of which I hope their Priests must be Judges. He who will read in English what their Divines say in this Case, may find it in a Book called The Practical Divinity of Papists, p. 248, 249, etc. And if any desire to have it from the Pens of their Divines themselves, he shall find them there quoted to his full satisfaction. And if it be meritorious to lie for the Catholic Cause, Lying with them in their hour of death, for the Credit of their Church or pretended Religion, is plainly the nearest way the Malefactors of that Religion can take to go to Heaven. But yet when any of these Persons tell or write Lies, at such a distance from the hour of their Death, that they have time to make Confession and take Absolution, according to their Religious Principles, they are as innocent as the Child unborn. So that I confess I have not been much affected with the Writings, or pretended Writings, or Speeches of Men of this Religion, some short time before their Death, or in their dying hour; and have had a great temptation upon me to think, that those Protestants who have been moved at them. have been very ignorant of their Principles, or at best too much inclinable to their Religion; they would never else at that rate defame their own Religion, by denying or questioning the truth of what hath been said by those who have been bred and lived in the Profession of it, and credited the Romish Religion, by a credulity of any thing the Professors of that say, because (forsooth) they are Dying Words; as if Protestants might (I am sure by their Principles they may not) die with Lies in their Mouths; but Papists (who by their Principles may, and perhaps aught) may not do the same. But amongst all the most notorious sham's of this nature, there hath been none so foul and impudent as that which we have in a late Pamphlet entitled, The Confession of Edward Fitz-Harys Esq written with his own Hand, and delivered to Dr. Hawkins Minister in the Tower, 1. July, 1681, being the day of his Execution.  
I must confess, I have often wondered that the Magistrates of this Noble City, being Men of so great Loyalty and Integrity, and who have lately been reflected on for suffering Pamphlets with ill Reflections to His Majesty to be printed and sold, have nor before this time bound over to the Sessions the Publishers of that impudent Pamphlet, which reflects upon His Majesty to a degree beyond any Pamphlet that I have met with, and such a one as no good Subject aught to have patience for. For, considering that the Trial and Execution of that wretched Villain were both ●…cted by His Majesty, he must have entertained most vile Thoughts of His Majesty, that can believe Fitz-Harys, saying,— As to the Crimes for which I die, I was no further concerned in the Libel, than as EMPLOYED to give the King notice of what Libels and other Accusations were against him and to this intent, and no other, I endeavoured to get this Libel. This he repeats again in his Speech at his Execution; and he further tells the Reader, Mrs. Wall was she by whose Hands he conveyed such Libels, and he was taken with this Libel while he was going to my Lord Clarendon or Hyde. Can any who hath one dram in him either of Loyalty or Reason, believe this? And will not all the World both admire the Loyalty, Reason, or Policy of him who was the Man-Midwife to this spurious Pamphlet, and the Sponsor for it too?  
After such an avowed Piece of Villainy and Falsehood as this, is it at all to be admired, that he saith against my Lord Howard, or indeed any other? All which may be reasonably presumed as true, as that he had no other concern in the Libel than what he mentioneth: for, if he had not concern in the first composing of it, or adding to it, or dispensing of it, they must have strange Apprehensions of their Sovereign, that will think he should for a Piece of Loyalty and Service, direct this Man's Trial and Execution. He who can believe this, may easily believe what he saith else, which cannot reasonably be thought to be more true than this idle and scandalous Story, having as much, yea more, the Emphasis of Dying Words (for it is repeated at his Execution again) than any thing else he said. But it is evident, that he who drew up that Paper, had a thousand times more regard to the Reputation of a Roman Catholic, and the Reputation of the Church and Religion of Rome, than to the Reputation and Honour of His Sacred Majesty, His most Honourable Council, and the Reverend Judges: And those that publish or vouch it, fall not much less under the same suspicion.  
What Everard is, or what Parts he hath to fit him to draw Libels, I cannot tell; but it is not probable that the King, or His Honourable Council, or His Judges, believed a word of what he saith, That he had the Libel from Everard; for then Everard, in stead of being pardoned, and used as a Witness, had doubtless been indicted and prosecuted as the Principal, in as foul a piece of Villainy as ever was acted upon an English Theatre. For it had been the highest Injustice imaginable, to have proceeded so severely against an Accessary, (yea, no Accessary, if what he said before of his Employ be true) and to have let the Principal go free.  
For what he saith of my Lord Howard, I shall leave it to time to discover the truth or falsehood of it; but it is all prefaced with such an apparent Lie as he had just before told about the Libel, and his only concern in it. Admit my Lord Howard had had or known of s●ch a Design as he mentions, it is hard to imagine what could move him to communicate it to such a Fellow, who as he lived upon others Trenchers, and was not likely to have advantaged it by his Purse; so having never risen higher in Military Affairs than an ordinary Captain or Ensign (in which Employ his famous Military Exploits are yet to be made known to the World too) it is as hard to conceive how he could advantage it by his Arms or Interest; so as we that live abroad in the Wo●ld cannot fancy my Lord Howard should communicate such things to him, unless his Lordship had a mind to capacitate a Witness or two to take away his Life, of which I never heard that his Lordship had reason to be weary.  
His next Paragraph sufficiently reflects upon our two Sheriffs. Men known to all the City to be Men of Integrity and Truth: He saith they came to him in Newgate (that is, March 12. for after that they saw him not, he was the next day removed to the Tower,) he saith. They told him that he was to be tried within three or four days [that must be at furthest by March 14.] That the People would Prosecute him, and the Parliament would Impeach him. Within a few Lines after, he saith, The Sheriffs brought instructions, which they said came from the Lords and Commons, who met that day in order to Address to the King on his behalf, if he should confirm the Instructions. Fitz-Harys could not but know, that the Parliament was Proclaimed to meet at Oxford, March 21. The Sheriffs came to him the Tenth of March, to inform him he would be Tried by the Fourteenth of March, and that not at the Suit of the King (which might have been true), but at the Prosecution of the People, upon the Impeachment of the Commons, which could not possibly be till March 24, or 25. For they met out the 21. and two or three days must at least be allowed them to swear their Members, and settle their Great Committees, before they could think of Impeachments. Now is it not likely that the Sheriffs should tell him a Story which himself could not but know was impossible, and they must know was no less than a most impudent Lie?  
In the next place he reflects upon our Renowned Recorder: He brings him in swearing, Gods-wounds, what were you ever but a Rogue? Let all who ever conversed with Sir George testify, whether he be a Person ever used his Tongue to such a Dialect: It is not very probable that his first Oath should be Gods-wounds, especially to a Prisoner, and upon no further Provocation than the Paper mentioneth.  
The Integrity of Sir Robert Clayton and Sir George Treby is too well known, for any but Papists to believe they would either of them solicit ot subborn Men against the Duke, and the Lords Bellasis, Arundel, and Powis; besides that Sir George Treby knew so much of what was deposed before the Committee of Secrecy, that he could not but know, that against the Lords in the Tower there was no need of such Arts for Witnesses, more than against Lord Stafford, if his Conscience would have dispensed with such Villainy.  
But the impudent Author of that Pamphlet will not allow Sir George the Discretion of an ordinary Petti-Constable; for (if any body would believe him) either Sir George, or my Lord Shaftsbury (who, by the way, was not in Newgate with him) said to him, You know more of these Matters than any Man. Then he addeth, Sir George would have had me speak to the Consult, That the Duke was at it, the Lords Arundel, Bellasis, and Powis were at it; you have seen them go to it at St. James', without doubt they were there: DO YOU BUT SAY IT, WE HAVE THOSE THAT WILL SWEAR IT. Sir George is a Person not only of known Integrity, but also Skill in the Laws, and is looked upon as a Person not ordinarily versed in Men. Would any silly Constable of a Parish have spoken this Language to one that had been his Prisoner? Or was there ever any such Intimacy betwixt Fitz-Harys and Sir George, as he could be presumed to have thus exposed his Honour and Reputation to him? Or could Sir George (had he been never so viciously disposed) have such a confidence in a Villain, who but a day or two before had been accused of High-Treason by Sir William Waller, & c? If ever the Popish Faction were infatuated in any thing, it certainly was in this, in publishing to the World a Story, which if any credulous Fool could imagine the least truth in, yet a Man of the least sense must judge it to have such degrees of improbability in it, as a known Lie might have expected an easier Credit to.  
For what he saith next, retracting what he had said about Sir Edmondbury Godfrey's Murder, and the Earl of Derby, etc. it might have obtained some credit with some, had not it been known, that Sir Edmondbury was certainty murdered in ; and that besides the abundant Evidence of certain Papists murdering him, it is most certain also, that those of that Religion were those who raised the Reports, That he was alive, and gone to marry Mrs. Offlet: Then, That he was a melancholy Man, and had murdered himself: And had they not lately found out one to witness be cut him down, with abundance of more Circumstances of that nature? Though what Consults and Deliberations were previous to it, I know not of any that discovered, till Fitz-Harys appeared: And for his saying now, He was put upon it, he should have done well to have said by whom; for certain it is, that what he said of this nature was in Westminster-hall, at his Arraignment, many Weeks after the Recorder, or Sir Robert Clayton, or the Sheriffs had spoke to him. In his Examination before Sir George Treby and Sir Robert Clayton, 10 March, he said no more than that De Puy told him, That that Murder was consulted at Windsor; and that in Appil, 1680. Kelly told him at Calais, That he was one of the Persons concerned in the Murder, and that the same was done much in manner as Prance had related it. After that time he could not be put upon it by any that went to him to Newgate.  
For the Earl of Danby, besides the Reflection cast upon him by the Narrative of Mr. Christopher Kirkby, which tells us, That upon August 13. Mr. Kirkby presented His Majesty with the First Discovery, brought him by Dr. Tonge, who referred Mr. Kirkby to the Earl of Danby, ordering Dr. Tonge and Mr. Kirkby to wait on the Earl the next Morning, August 14. which they did; but nothing was done in it, nor a Person apprehended of six Weeks after, and that upon another Information, given in to Sir Edmondbury Godfrey, Sept. 6. Sir Edmondbury Godfrey read not the Information, as appears by the Narrative, it having been Three Weeks before delivered to the Earl of Danby. September 28. (saith that Narrative) was the first time Sir Edmondbury Godfrey read the Informations, when also he took the Copy of them; then began the Prosecution, full Six Weeks after the Earl of Danby first had them: This begat in some, some hard thoughts of the Earl; but yet so free was the Protestant Party from charging the Earl of Danby with that Gild, that when a Sheet of Paper came out, called, Reflections on the Earl of Danby, with reference to that Murder, a Vindication of him from that Charge was also published, by him that put out Mr. Kirkby's Narrative, and ordinarily sold with it: many sober Persons apprehending, that the Design of that Paper reflecting on his Lordship was merely Popish, that the Papists by it might throw on the Earl the Odium of that Murder. Though it was true, the Publisher of that Paper seemed not to answer all that was in the Paper of Reflections; for though it sufficiently vindicates the Earl from any Capacity of Concealment of Treason, His Majesty having had the first Information, and giving the Earl the Informations brought to him; yet others thought it did not vindicate him from the Non-presecution of the Informations from August 14. to Septemb. 28. and not prosecuting it then until Sir Edmondbury Godfrey had received the same Informations, and given them in to the Council, keeping a Copy of them: And many wondered that there was nothing said to what was suggested in that Paper, That Sir Edmondbury Godfrey dined at the Earl of Danby's that day in which he was murdered; and that none is yet discovered who saw him that Afternoon, after he had been in Mr. Christian's Company (who was my Lord of Danby's Gentleman) till he was murdered. But it sufficiently appears how little any considerable Protestants judged my Lord of Danby concerned in that matter, till Fitz-Harys himself discovered what he here retracts. Here any may judge how likely he was to be put upon it, unless it were by his Confessor, who might have a g 〈…〉 e the Odium of that foul Act from off their Church or Party.  
He saith farther, And what I said concerning Fitz-Patrick was serced out of me, and what I said concerning him is not true. This looks so like an Interpolation of a Popish Priest (to clear their Church), as it is hardly possible any should believe it to be any other. Who charged Fitz-Patrick? or thought him more concerned in this Plot than most of their Priests, till Fitz-Harys first stained his Reputation? How then could any body force an Accusation of him out of him?  
Nor doth his further calling of God and all his Angels to witness the Truth of what he said, or his renouncing Mercy at the hands of God Almighty, at all contribute to the Credit of what he said: For there are several Lies in it, evident to all our English World; and those kind of Appeals and Attestations, where the Matter is so, signify nothing, but that such of that Religion as use them are Atheists as well as Papists, or have a great confidence in their Confessors Absolutions after such Confessions: And it may be, to give some due time for Confession and Absolution after such notorious things, it is of late that they have rather chosen to write something aforehand, than to speak much at the Hour of the Execution.  
It much affects some credulous Persons, that he, in the beginning of his Confession, declareth, That he doth profess and declare his Religion in the general to be that which hath been truly and anciently delivered in the Four first General Councils; and in particular, my Belief is that true Faith of a Christian briefly contained in those Three Creeds commonly called The Apostles Creed, St. Athanasius', and The Nicene Creed. And I die a Member, and in the Communion of Christ's Holy Catholic Church, hoping for Mercy through the alone Merits of the Passion of our Lord and Saviour Jesus Christ.  
Whether Fitz-Harys was of Parts enough to draw up this Confession himself, or who drew it for him, I cannot tell; sure I am, it was drawn with subtlety enough, and I fear with more subtlety than sincerity. The Design I perceive is to leave us in the dark, as to making any judgement whether he died a Protestant or a Papist. That he did not die a Protestant Dissenter is evident enough; for although any of them would at their death have professed their hope for Mercy through the alone Merits of Jesus Christ, and also have agreed to the Articles of Faith expressed in the Three Creeds; yet none of them would (especially having not read the Four first General Councils) dying, have declared their Faith at adventures, according to what they Decreed; nor admitted any General in this Case, but the Doctrine contained in Holy Writ. So as the Scuffle about this Man's Bones must be betwixt Dr. Hawkins and the Romish Priests; the one on the behalf of the Church of England, the other on the behalf of the Church of Rome: nor dare I determine who hath the Right. For, both Papists and knowing Protestants are agreed in the Doctrine contained in the Three Creeds; both Parties will own a Communion of Christ's Holy Catholic Church; both of them will declare their hope for Mercy through the Merits of Jesus Christ: The Word [alone] is all the Papist will stumble at; and, when they come to die, they will, in conformity to their great Cardinal Bellarmine, own that too, as the safest. So as nothing appears from this Paragraph (too subtly drawn for a Soldier of Fortune to be indeed the Author of the Draught) but Fitz-Harys might die a Papist or a Protestant.  
But though I believe this Confession calculated for the purpose to give credit to a Protestant Plot, yet it will not reach the End; for in the first Words of his Examination, taken before Sir George Treby and Sir Robert Clayton, May 10. 1681. he saith, That he was born in Ireland, and is the Son of Sir Edward Fitz-Harys; and that he was bred, and is a Roman Catholic. So that while he was a Plotter, we are sure he was a Papist, from his own Confession; and it is not likely he was any other when he told so many Lies for the Credit of the Roman Catholic Cause, as he hath done in his Confession. Let them that desire such a Member of their Church, rejoice in his Memory.  
That which is most to be admired is, to see the Midwifery of a Doctor of the Church of England to this Monster (if not Bastard), and the various Arts expressed in his Attestation, to pursuade the World that the Contents are true. He tells us, he was perfectly by him first convinced that there was no hopes of Life for him; (so as he did it not, it seems, to save his Life.) Indeed he might have been perfectly convinced of this long since: The Commons in Parliament could not do it; for as they had Impeached him, so they were bound in Honour to make their Charge good. The Lords were not like to have found so notorious a Malefactor Not guilty; and his dying Reflections upon His Majesty let all the World see, he could have no hope of Mercy from him. But what his Wife might, from some Suggestions of Persons of her own Sex, persuade him, who knows? And therefore how Dr. Hawkins could assure the World he was so perfectly convinced there was no hope of Mercy for him, I cannot tell. I much less understand to what purpose the same Doctor tells us of his kneeling down and protesting the truth of several Paragraphs, unless it were to induce the World to believe he spoke truth; when it is impossible any should believe it, that hath any reverend or indeed decent thoughts of His Majesty, or that will not believe His Majesty's Privy-Council and Ministers of Justice so unrighteous, as to punish the Accessary, and let the Principal go free; nay, so severely to punish one that was no Accessary, but a Servant to His Majesty, and that by the appointment of some, first to get, then to acquaint His Majesty with Seditious and Treasonable Libels, for what he did in that Service: Or who will not believe Sir George Treby and Sir Robert Clayton, and both the Sheriffs at London, not only egregiously wicked, but every whit as rash and weak, and very unfit for so great Trusts. He that can get leave of his Reason to believe all these things, may believe Fitz-Harys's Confession: But he that cannot, may see reason to adore, and to be thankful for the good Providence of God, in suffering such a Villain for ever to defame Dying Words of Papists, and to disabuse a company of poor credulous Souls, who have had so much Faith to spare for their sham's, upon this single account, because they were the Words of Dying Men. That when Gavan's Lie, in his Dying Speech, about the One Mariana amongst the Jesuits that had held it lawful for private Persons to kill the King, when it is known it is the avowed Doctrine of multitudes of them in their Printed Books, would not convince people, it being only what Learned Men could by Reading find to be a Lie in a Dying Month; nor my Lord Stafford's Denial of his knowledge of Turbervill, when the contrary afterwards was made appear by multitudes of Depositions printed by Smith; People might at last have so plentiful a Proof of the falsehood of their Dying Words, as ordinary Persons might understand, and none of any reasonable modesty could deny. And how he who hath taken such pains to attest the most impudent Libel ever printed, will for it acquit himself to His most Sacred Majesty, to the whole Nation, and particularly to those worthy Patriots who are so abused in it, will be his, not my Concern to study. He who observed Fitz-Harys's Demeanour from the first to the last, could not but discern him, after his first Apprehension, ready to say, deny, affirm, or to do any thing, to save his Life: And if these were indeed his own Words, and he had not drank too much Brandy before he written them, (as many thought he had the Morning he came to his Trial) it is hard to imagine what, but some hopes of saving his Life, could make him the Author of so impudent a Story; unless some Popish Priest had persuaded him it was the next way to Heaven, and secured him a sudden Pardon and Absolution for the Sin of what he did upon his Confession. But after this, it may well be hoped, we shall hear no more of the undoubted Credit to be given to men's Dying Words.   

LONDON, Printed for R. Baldwin. 1681.